9512322, 40D-80.075 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 9512322

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

- RECOVERY AND PREVENTION STRATEGIES FOR MINIMUM FLOWS AND LEVELS

Overview

RULE:

40D-80.075

Regulatory Portion of Recovery Strategy for the Dover/Plant City Water Use Caution Area (Repealed)

PURPOSE:

In January 2010, farmers in the Dover/Plant City area pumped large quantities of groundwater to protect their crops. This combined pumping dropped the aquifer level 60 feet and caused more than 750 temporarily dry wells for neighboring homeowners. Pumping groundwater for freeze protection is a best management practice for strawberry, citrus, and other industries and is authorized by water use permits. However, the farmers were responsible for fixing hundreds of the dry wells. Amendments to Chapter 40D-80, Florida Administrative Code are being made as part of a rulemaking package, which will also include amendments to Chapters 40D-1, 40D-2, and 40D-8, F.A.C., to prevent a similar situation. Effective and complete implementation of the current phase of the management strategy for the Dover/Plant City area frost/freeze crop protection pumping is dependent on each of the proposed amendments to Chapters 40D-1, 40D-2, 40D-8 and 40D-80, F.A.C. Amendments to Chapter 40D-8, F.A.C., will establish a minimum aquifer level. The District has determined that the actual levels are below the proposed minimum aquifer level. As required by Section 373.0421, F.S., amendments to Chapter 40D-80, F.A.C., will establish a minimum aquifer level recovery strategy for the Dover/Plant City area. This will be accomplished by the proposed water use permitting rule amendments to Chapter 40D-2, F.A.C., that are part of this rulemaking package, and non-regulatory mechanisms including assistance in offsetting ground water withdrawals for frost/freeze protection through the Facilitating Agricultural Resource Management Systems (FARMS) program. Amendments to Chapters 40D-1 and 40D-2, F.A.C., will add new forms and list updated forms as it relates to water use permitting in the Dover/Plant City Water Use Caution Area being proposed in companion proposed amendments to Chapter 40D-2, F.A.C.

SUMMARY:

The recovery strategy proposed in Rule 40D-80.075, F.A.C., for the Minimum Aquifer Level for the Dover/Plant City WUCA allows for the gradual restoration of the aquifer level so that permittees have time to adapt to new practices or use alternative water sources. The recovery strategy has a goal of reducing groundwater pumping for freeze protection by 20% within 10 years. In addition to the regulatory mechanisms included in proposed amendments to Chapters 40D-1 and 40D-2, F.A.C., the District has revised its program called Facilitating Agricultural Resource Management Systems to provide enhanced funding opportunities for growers in the Dover/Plant City WUCA to install alternative methods of frost/freeze crop protection rather the continue use of groundwater pumping. By reducing groundwater pumping for freeze protection by 20% during future freeze events, actual groundwater levels are predicted to remain above the minimum aquifer level and impacts should be avoided or minimized. This goal will be reviewed after the first five years.

RULEMAKING AUTHORITY:

120.54, 373.0421, 373.044, 373.113, 373.171 FS.

LAW:

373.016, 373.023, 373.036, 373.042, 373.0421, 373.171 FS.

PRINT PUBLISH DATE:

12/23/2010 Vol. 36/51

COMMENTS:

From 12/23/2010 To 1/13/2011 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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