RULE NO: RULE TITLE
40B-8.021: Definitions
40B-8.051: Minimum Surfacewater Levels and Flows for the Waccasassa River and Levy Blue Spring
PURPOSE AND EFFECT: The purpose of the rule development is to codify minimum flows and levels for the Waccasassa River and Levy Blue Spring within Chapter 40B-8, F.A.C. The effect of the rule will be to provide protection for these areas from significant harm resulting from uses of ground and surface water.
SUMMARY: This proposed rule development will establish minimum flows and levels for the Waccasassa River and Levy Blue Spring, in accordance with Rule 62-40.473, F.A.C., and Sections 373.042 and 373.0421, F.S.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 373.044, 373.113 FS.
LAW IMPLEMENTED: 373.042, 373.0421, 373.103, 373.415 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Linda Welch, Administrative Assistant, Suwannee River Water Management District, 9225 C.R. 49, Live Oak, Florida 32060, (386)362-1001 or (800)226-1066 (FL only)

THE FULL TEXT OF THE PROPOSED RULE IS:

40B-8.021 Definitions.

(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.

(2) “Flow Duration Curve” means a statistical representation of flows, actual or synthetic, and their recurrence probabilities over a determined period of record.

(3) “Historic period” means the period of record as documented in each technical report establishing minimum flow or level.

(4) “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 north latitude and 82 degrees 41 minutes 56 seconds west longitude.

(5)~~(4)~~ “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.

(6)~~(5)~~ “Lower Suwannee River” means the river segment below the Wilcox gauge to the estuary.

(7)~~(6)~~ “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.

(8)~~(7)~~ “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.

(9)~~(8)~~ “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.

(10)~~(9)~~ “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.

(11)~~(10)~~ “NGVD” means National Geodetic Vertical Datum of 1929.

(12)~~(11)~~ “Pinetta gauge” 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.

(13)~~(12)~~ “Stage Duration Curve” means a statistical representation of stages, actual or synthetic, and their recurrence probabilities over a determined period of record.

(14)~~(13)~~ “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.

(15)~~(14)~~ “Wilcox gauge” means stream flow measuring gauge 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.

(16) “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.

(17)~~(15)~~ “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.

Specific Authority 373.044, 373.113 FS. Law Implemented 373.042, 373.415 FS. History–New 9-15-05, Amended 8-7-06,_________.

40B-8.051 Minimum Surface Water Levels and Flows for Waccasassa River and Estuary and Levy Blue Spring.

The Governing Board hereby establishes the following minimum surfacewater flows. The Governing Board finds that the following minimum surfacewater flows are the limit at which further withdrawals would be significantly harmful to the water resources or ecology.

(1) The minimum surfacewater flow for Levy Blue Spring is the flow that will maintain 90 percent of the historic flow regime for the Levy Blue Spring discharge as defined in “Technical Report – MFL Establishment for the Waccasassa River, Estuary and Levy (Bronson) Blue Spring, June 2006.”

(2) The minimum surfacewater flow for Waccasassa River and Estuary is the flow that will maintain 87.5 percent of the historic flow regime for the Waccasassa River discharge as measured at the United States Geological Survey (USGS) Gulf Hammock gage and further defined in “Technical Report- MFL Establishment for the Waccasassa River and Estuary and Levy (Bronson) Blue Spring, June 2006.”

Specific Authority 373.044, 373.113 FS. Law Implemented 373.042, 373.0421, 373.103, 373.415 FS. History–New ________.