RULE NO: RULE TITLE
40D-2.091: Publications Incorporated by Reference
40D-2.801: Water-Use Caution Areas
PURPOSE AND EFFECT: The purpose of these rule amendments is to correct the legal description of the Northern Tampa Bay Water Use Caution Area (NTBWUCA) appearing in subsection 40D-2.801(3), F.A.C., and incorporate by reference a revised Water Use Permit Information Manual Part B, Basis of Review (BOR). Section 7.3 of the BOR is revised to delete an unnecessary sentence in the lead paragraph describing the NTBWUCA. The effect will be to correctly include that portion of Section 24, Township 29, Range 19 north of State Road 60 within the legal description of the NTBWUCA, and eliminate a potentially unclear sentence.
SUMMARY: The legal description of the Northern Tampa Bay Water Use Caution Area (NTBWUCA) set forth in Rule 40D-2.801(3), F.A.C. is corrected. That portion of Section 24 North of State Road 60 which lies within Township 29 and Range 19 was inadvertently omitted from the legal description. Those Sections of Township 29, Range 19 that are not included within the NTBWUCA are also specifically stated. An unnecessary and potentially unclear sentence contained in BOR Section 7.3, which discusses the NTBWUCA, is deleted. Rule 40D-2.091, F.A.C., is amended to incorporate by reference the revised BOR.
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, 373.118, 373.171 FS.
LAW IMPLEMENTED: 373.036, 373.0361, 373.042, 373.0421, 373.0831, 373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216, 373.219, 373.223, 373.229, 373.239, 373.243 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: Martha A. Moore, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4651

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-2.091 Publications Incorporated by Reference.

The following publications are hereby incorporated by reference into this Chapter, and are available from the District upon request:

(1) Water Use Permit Information Manual Part B, “Basis of Review” (_____)~~(10/07)~~ and Part D, “Requirements for the Estimation of Permanent and Temporal Service Area Populations in the Southern Water Use Caution Area” (1/07);

(2) through (5) No change.

Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.036, 373.0361, 373.042, 373.0421, 373.0831, 373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216, 373.219, 373.223, 373.229, 373.239, 373.243 FS. History–New 10-1-89, Amended 11-15-90, 2-10-93, 3-30-93, 7-29-93, 4-11-94, 7-15-98, 7-28-98, 7-22-99, 12-2-99, 8-3-00, 9-3-00, 4-18-01, 4-14-02, 9-26-02, 1-1-03, 2-1-05, 10-19-05, 1-1-07, 8-23-07, 10-1-07, 10-22-07, 11-25-07, 12-24-07,________ .

40D-2.801 Water-Use Caution Areas.

(1) through (2) No change.

(3) The regions described in this Rule have been declared Water Use Caution Areas by the District Governing Board. The Rule reaffirms the declaration of Water Use Caution Areas and creates conditions applied to water users in those areas.

(a) Northern Tampa Bay Water Use Caution Area. To address ground water withdrawals that have resulted in lowering of lake levels, destruction or deterioration of wetlands, reduction in streamflow, and salt water intrusion, the Governing Board declared portions of northern Hillsborough County, southwestern Pasco County, and all of Pinellas County a Water Use Caution Area on June 28, 1989, pursuant to Resolution Number 934. The Governing Board approved expansion of the boundaries of the Water Use Caution Area in June 2007.

1. The boundary for the Northern Tampa Bay Water Use Caution Area is as follows:

All of Pinellas County;

All of Pasco County;

That portion of Hillsborough County within the following sections (all Townships are South; all Ranges are East):

Township 27, Range 17: All Sections;

Township 27, Range 18: All Sections;

Township 27, Range 19: All Sections;

Township 27, Range 20: All Sections;

Township 27, Range 21: All Sections;

Township 27, Range 22: All Sections;

Township 28, Range 17: All Sections;

Township 28, Range 18: All Sections;

Township 28, Range 19: All Sections;

Township 28, Range 20: All Sections;

Township 28, Range 21: All Sections;

Township 28, Range 22: All Sections;

Township 29, Range 17: All Sections;

Township 29, Range 18: All Sections;

Township 30, Range 17: All Sections;

Township 30, Range 18: All Sections;

Township 29, Range 22: All Sections North of State Road 60;

Township 29, Range 21: All Sections North of State Road 60;

Township 29, Range 20: All Sections North of State Road 60:

Township 29, Range 19: Section 24 North of State Road 60 and aAll remaining Sections except 22, 23, 25, 26, 27 and 34 through -36.

2. through 3. No change.

(b) No change.

Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented ~~373.0395,~~ 373.042, 373.0421, 373.171, 373.216, 373.219, 373.223 FS. History–Readopted 10‑5‑74. Formerly 16J-3.30, Amended 10‑1‑89, 11‑15‑90, 3‑1‑91, 7‑29‑93, 1-1-03, 1-1-07, 10-1-07, ________.

WATER USE PERMIT INFORMATION MANUAL, PART B

BASIS OF REVIEW

7.0 WATER USE CAUTION AREAS

7.3 NORTHERN TAMPA BAY WATER USE CAUTION AREA

The Governing Board originally declared portions of Hillsborough and Pasco Counties, and all of Pinellas County a Water Use Caution Area (WUCA) on June 28, 1989. The Governing Board approved expansion of the boundaries of the Water Use Caution Area in June 2007. The area designated is shown in Figure 7.3-1; the legal description is provided in paragraph 40D-2.801(3)(a), F.A.C. As of the effective date of this rule, all existing water use permits within the Water Use Caution Area are modified to incorporate the applicable measures and conditions described below. Valid permits, legally in effect as of the effective date of this rule, are hereafter referred to as existing permits. Existing permits within those portions of the Water use Caution Area added in 2007 shall have until July 1, 2008 to comply with the provisions of this rule. Applicable permit conditions, as specified below, are incorporated into all existing water use permits in the Water Use Caution Area and shall be placed on new permits issued for withdrawals located within the Area. ~~However, both the language and the application of any permit conditions listed may be modified when appropriate.~~

These portions of the Basis of Review for the Northern Tampa Bay Water Use Caution Area are intended to supplement the other provisions of the Basis of Review and are not intended to supersede or replace them. If there is a conflict between requirements, the more stringent provision shall prevail.

1. through 8. No change.