40B-8.021: Definitions
PURPOSE AND EFFECT: The Suwannee River Water Management District (District) gives notice that it is initiating rulemaking to amend Rule 40B-8.021, F.A.C., to add definitions to aid in the implementation of minimum flows and levels for the Econfina, Aucilla and Wacissa Rivers and associated priority springs; and revise existing definitions to provide for rule clarity. The effect of this amendment will be increased rule clarity and understanding for the regulated public.
SUMMARY: 40B-8, F.A.C., new definitions and definition revisions.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The District has completed for the Governor’s Office of Fiscal Accountability and Regulatory Reform (OFARR) the “Is a SERC Required?” form and prepared a summary of the proposed rule amendment, which are both available upon request. Based on the completed “Is a SERC Required?” form and summary and the analysis performed by the District, the proposed rule amendment is not expected to require legislative ratification pursuant to subsection 120.541(3), F.S.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 373.044, 373.113 FS.
LAW IMPLEMENTED: 373.042 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Clay Coarsey, Professional Engineer, Suwannee River Water Management District, 9225 CR 49, Live Oak, Florida 32060, (386)362-1001 or 1(800)226-1066 (FL only)
THE FULL TEXT OF THE PROPOSED RULE IS:
40B-8.021 Definitions.
Unless the context indicates otherwise, the following terms shall have the following meanings:
(1) “Aucilla River” means the riverine waterbody that originates in south-central Georgia and flows south and southwest into Florida discharging into the Gulf of Mexico at the border of Jefferson and Taylor Counties, Florida.
(2) “Aucilla River At Lamont, FL gage” means stream flow measuring gage number 02326500 located on the Aucilla River at the border of Taylor and Jefferson Counties, Florida.
(3) “Big Blue Spring” means the spring located within Jefferson County, adjacent to the Wacissa River at 30 degrees 19 minutes 40 seconds north latitude and 83 degrees 59 minutes 5 seconds west longitude.
(4) “Buzzard Log Spring” means the spring located within Jefferson County, adjacent to the Wacissa River at 30 degrees 19 minutes 48 seconds north latitude and 83 degrees 59 minutes 13 seconds west longitude.
(5) “Cassidy Spring” means the spring located within Jefferson County, adjacent to the Wacissa River at 30 degrees 19 minutes 58 seconds north latitude and 83 degrees 59 minutes 21 seconds west longitude.
(6) “Econfina River” means the riverine waterbody that originates in Taylor County, Florida and flows south and southwest discharging into the Gulf of Mexico in Taylor County, Florida.
(7) “Econfina River Near Perry, FL gage” means stream flow measuring gage number 02326000 located on the Econfina River in Taylor County, Florida.
(8)(1) “Fanning Spring” means single spring vent located within Levy County, adjacent to the Suwannee River at 29 degrees 33 minutes 14 seconds north latitude and 82 degrees 56 minutes 07 seconds west longitude.
(9)(2) “Flow Duration Curve” means a statistical representation of flows, actual or synthetic, and their recurrence probabilities over a determined period of record.
(10)(3) “Flow duration frequency” means the historic probability of a particular flow over a specified period of record.
(11) “Garner Spring” means the spring located within Jefferson County, adjacent to the Wacissa River at 30 degrees 19 minutes 49 seconds north latitude and 83 degrees 58 minutes 59 seconds west longitude.
(12)(4) “Historic period” means the period of record as documented in each technical report establishing minimum flow or level.
(13) “JEF63991” means the spring located within Jefferson County, adjacent to the Wacissa River at 30 degrees 19 minutes 30 seconds north latitude and 83 degrees 59 minutes 9 degrees west longitude.
(14) “JEF63992” means the spring located within Jefferson County, adjacent to the Wacissa River at 30 degrees 19 minutes 23 seconds north latitude and 83 degrees 59 minutes 12 degrees west longitude.
(15) “JEF63993” means the spring located within Jefferson County, adjacent to the Wacissa River at 30 degrees 18 minutes 8 seconds north latitude and 83 degrees 58 minutes 47 seconds west longitude.
(16) “Jefferson Blue Spring” means the spring located within Jefferson County, adjacent to the Wacissa River at 30 degrees 19 minutes 50 seconds north latitude and 83 degrees 59 minutes 20 seconds west longitude.
(17)(5) “Levy Blue Spring” means a single spring vent located within Levy County, near the Town of Bronson, adjacent to the Waccasassa River at 29 degrees 27 minutes 03 seconds latitude and 82 degrees 41 minutes 56 seconds longitude.
(18) “Little Blue Spring” means the spring located within Jefferson County, adjacent to the Wacissa River at 30 degrees 19 minutes 51 seconds north latitude and 83 degrees 59 minutes 21 seconds west longitude.
(19)(6) “Little Fanning Spring” means the single spring vent located within Levy County, adjacent to the Suwannee River at 29 degrees 35 minutes 09 seconds north latitude and 82 degrees 56 minutes 04 seconds west longitude.
(20) “Log Spring” means the spring located within Jefferson County, adjacent to the Wacissa River at 30 degrees 20 minutes 26 seconds north latitude and 83 degrees 59 minutes 35 seconds west longitude.
(21)(7) “Lower Suwannee River” means the river segment below the Wilcox gage to the estuary.
(22)(8) “Madison Blue Spring” means the single vent spring system located within Madison County, adjacent to the Withlacoochee River at 30 degrees 28 minutes 48 seconds north latitude and 83 degrees 14 minutes 40 seconds west longitude.
(23)(9) “Manatee Spring” means the single spring vent located within Levy County, adjacent to the Suwannee River at 29 degrees 29 minutes 21 seconds north latitude and 82 degrees 58 minutes 37 seconds west longitude.
(24)(10) “Minimum surfacewater flow” means a flow, expressed in cubic feet per second combined with a temporal element. The temporal element may be specifically expressed as a duration and return interval.
(25)(11) “Minimum surfacewater level” means an elevation in feet NGVD combined with a temporal element. The temporal element, for purposes of this chapter, may be specifically expressed as a duration and return interval.
(26) “Minnow Spring” means the spring located within Jefferson County, adjacent to the Wacissa River at 30 degrees 19 minutes 54 seconds north latitude and 83 degrees 59 minutes 12 seconds west longitude.
(27)(12) “NGVD” means National Geodetic Vertical Datum of 1929.
(28)(13) “Withlacoochee River Near Pinetta, FL gage” means stream flow measuring gauge number 02319000 located on the Withlacoochee River approximately 10 miles upstream from Madison Blue Spring at 30 degrees 35 minutes 43 seconds north latitude and 83 degrees 15 minutes 35 seconds west longitude.
(29) “Nutall Rise” means the spring located on the border of Jefferson and Taylor Counties, adjacent to the Aucilla River at 30 degrees 9 minutes 2 seconds north latitude and 83 degrees 57 minutes 48 seconds west longitude.
(30)(14) “Stage Duration FrequencyCurve” means a statistical representation of stages, actual or synthetic, and their recurrence probabilities over a determined period of record.
(31)(15) “Suwannee River” means the riverine waterbody which originates in south-central Georgia and flows southeast and south into Florida discharging into the Gulf of Mexico north of Cedar Key.
(32)(16) “Santa Fe River” means the riverine waterbody which originates in Lake Santa Fe, Alachua County, Florida and flows west discharging into the Suwannee River south of Branford, Florida.
(33)(17) “Santa Fe River Near Graham, FL gage” means stream flow measuring gage number 02320700 located on the Santa Fe River approximately 1.5 miles upstream from Sampson River at 29 degrees 50 minutes 46 seconds north latitude and 82 degrees 13 minutes 11 seconds west longitude, in Alachua County, Florida.
(34)(18) “Santa Fe River at Worthington Springs, FL gage” means stream flow measuring gage number 02321500 located on the Santa Fe River 0.8 mile downstream from New River at 29 degrees 55 minutes 18 seconds north latitude and 82 degrees 25 minutes 35 seconds west longitude, in Alachua County, Florida.
(35)(19) “Suwannee River Next Wilcox, FL gage” means stream flow measuring gage number 02323500 located on the Suwannee River at 29 degrees 05 minutes 90 seconds north latitude and 82 degrees 09 minutes 37 seconds west longitude.
(36) “Thomas Spring” means the spring located within Jefferson County, adjacent to the Wacissa River at 30 degrees 20 minutes 23 seconds north latitude and 83 degrees 59 minutes 32 seconds west longitude.
(37)(20) “Waccasassa River and Estuary” means the riverine waterbody which originates in Gilchrist and Alachua Counties and flows southwest discharging into the Gulf of Mexico between Cedar Key and Yankeetown.
(38)(21) “Waccasassa River Near Gulf Hammock, FL gage” means stream flow measuring gage number 02313700 located on the Waccasassa River 0.5 mile upstream from Otter Creek at 29 degrees 12 minutes 14 seconds north latitude, 82 degrees 46 minutes 09 seconds west longitude in Levy County, Florida.
(39) “Wacissa Head Spring” means the spring located within Jefferson County, adjacent to the Wacissa River at 30 degrees 20 minutes 24 seconds north latitude and 83 degrees 59 minutes 29 seconds west longitude.
(40) “Wacissa River” means the riverine waterbody that originates from a spring system in Jefferson County, Florida and flows southeast diffusing into numerous braids before discharging into the Aucilla River.
(41) “Wacissa River Near Wacissa, FL gage” means stream flow measuring gage number 02326526 located on the Wacissa River in Jefferson County, Florida.
(42)(22) “Withlacoochee River” means the riverine waterbody which originates in south-central Georgia and flows southeast and south into Florida discharging into the Suwannee River at Ellaville.
(43)(23) “Withlacoochee River Near Pinetta, FL gage” means stream flow measuring gauge number 02319000 located on the Withlacoochee River approximately 10 miles upstream from Madison Blue Spring at 30 degrees 35 minutes 43 seconds north latitude and 83 degrees 15 minutes 35 seconds west longitude.