Notice of Proposed Rule

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District
RULE NO: RULE TITLE
40D-8.624: Guidance and Minimum Levels for Lakes
PURPOSE AND EFFECT: To amend Chapter 40D-8, Florida Administrative Code, to establish minimum levels for the next set of priority lakes pursuant to Section 373.042, Florida Statutes and to establish guidance levels for those lakes.
SUMMARY: The proposed amendments establish minimum lake levels and guidance levels for Lake Iola, Jessamine Lake, Pasco Lake, Pierce Lake and Unnamed Lake Number 22 (a.k.a. Loyce Lake) in Pasco County, Florida, based on the District's current minimum lake level establishment methodology described in Rule 40D-8.624, F.A.C. The proposed amendments also repeal guidance levels previously adopted for these lakes. These lakes were previously noticed for adoption, but the notice expired and the lakes are now being renoticed.
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, 373.171 FS.
LAW IMPLEMENTED: 373.036, 373.0361, 373.042, 373.0421, 373.086 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: Karen A. Lloyd, Assistant Deputy Counsel, 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-8.624 Guidance and Minimum Levels for Lakes.

(1) through (11) No change.

(12) Levels for lakes established during or after August 7, 2000, are set forth in the following table. After the High Minimum Lake Level and Minimum Lake Level elevation for each lake is a designation indicating the Method used, as described in subsection 40D-8.624(8), F.A.C., to establish the level. Compliance with the High Minimum and Minimum Lake Levels is determined pursuant to paragraphs (6)(b) and (7)(b) above. Guidance Levels established prior to August 7, 2000, are set forth in Table 8-3 in subsection 40D-8.624(13), F.A.C., below.

Table 8-2 Minimum and Guidance Levels Established During or After August 7, 2000. Levels are elevations, in feet above the National Geodetic Vertical Datum of 1929.

Location by County and Basin

Name of Lake and Section, Township and Range Information

High Guidance Level

High Minimum Lake Level

Minimum Lake Level

Low Guidance Level

(a) through (p) No change.

 

 

 

 

 

(q) In Pasco County Within the Coastal Rivers Basin

Big Fish, Lake

S-21, T-24, R-19

76.05'

75.65'

(CAT 3)

73.05'

(CAT 3)

71.75'

 

Green, Lake

S-16, T-26, R-18

74.4'

74.2'

(CAT 2)

71.9'

(CAT 2)

70.0'

 

Moon, Lake

S-28, T-25, R-17

39.9'

39.9'

(CAT 3)

38.3'

(CAT 3)

36.2'

 

Pasco, Lake

S-22, T-24S, R-18E

66.1'

65.3'

(CAT 3)

61.8'

(CAT 3)

59.7'

 

Pierce, Lake

S-9, T-25S, R-18E

72.7'

72.2'

(CAT 3)

70.5'

(CAT 3)

68.9'

 

Unnamed Lake No. 22

S-27, T-24S, R-18E

60.1'

59.3'

(CAT 3)

55.8'

(CAT 3)

53.7'

(r) No change.

 

 

 

 

 

(s) In Pasco County Within the Hillsborough County Basin

Bell, Lake

S-13, T-26, R-18

71.6'

70.8'

(CAT 1)

69.4'

(CAT 1)

69.2'

 

Bird, Lake

S-36, T-26, R-18

66.8'

66.6'

(CAT 1)

65.2'

(CAT 1)

64.3'

 

Buddy, Lake

S-17, T-25S, R-21E

93.7'

93.7'

(CAT 3)

87.3'

(CAT 3)

83.9'

 

Hancock, Lake

S-5, T-24S, R-20E

102.5'

102.5'

(CAT 3)

100.2'

(CAT 3)

97.7'

 

Iola, Lake

S-15, T-24S, R-20E

147.3'

146.5'

(CAT 3)

141.9'

(CAT 3)

138.6'

 

Jessamine, Lake

S-11, T-24S, R-20E

141.1'

140.3'

(CAT 3)

133.3'

(CAT 3)

127.1'

 

King Lake

S-7, T-26S, R-19E

73.1'

72.4'

(CAT 1)

70.8'

(CAT 1)

69.7'

 

King Lake (East)

S-22, T-25S, R-20E

105.7'

105.1'

(CAT 3)

102.7'

(CAT 3)

101.4'

 

Middle, Lake

S-4, T-24S, R-20E

103.1'

102.5'

(CAT 3)

100.2'

(CAT 3)

99.2'

 

Padgett, Lake

S-24, T-26, R-18

70.5'

70.5'

(CAT 1)

69.5'

(CAT 1)

68.4'

 

Pasadena, Lake

S-16, T-25S, R-21E

93.7'

93.7'

(CAT 3)

87.3'

(CAT 3)

83.9'

(t) through (cc) No change.

 

 

 

 

 

 

(13) Guidance Levels established for lakes prior to August 7, 2000, are set forth in the following table:

 

Table 8-3 Guidance Water Levels adopted prior to August 7, 2000

Location of Impoundment by County and Basin

High Level in Feet Above Mean Sea Level (msl)

Low Level in Feet Above Mean Sea Level (msl)

Extreme Low Level in Feet Above Mean Sea Level (msl)

(a) through (p) No change.

 

 

 

(q) In Pasco County Within the Coastal Rivers Basin

LAKES

 

 

 

Crews, Lake

S16, 24S, R18E

55.00'

52.00'

50.00'

Garden, Lake

S16, T25S, R16E

19.00'

16.25'

15.75'

Pasco, Lake

S22, T24S, R18E

67.00'

64.00'

62.00'

Pierce, Lake

S9, T25S, R18E

73.00'

70.00'

68.00'

Richey, Lake

S3, T26S, R16E

13.00'

10.00'

8.00'

Unnamed Lake No. 22

S27, T24S, R18E

62.50'

59.50'

57.50'

Worrell, Lake (Bass Lake)

S26, T25S, R16E

19.00'

16.25'

15.75'

(r) No change.

 

 

 

(s) In Pasco County Within the Hillsborough River Basin

LAKES

 

 

 

Catfish, Lake

S30, T25, R19

68.00'

65.50'

63.50'

Cow (East), Lake

S19, T26S, R19E

78.50'

76.00'

75.00'

Floyd, Lake

S36, T26, R19

68.50'

66.00'

64.00'

Gooseneck, Lake

S29, T26, R19

73.50'

71.00'

69.00'

Hog (Joyce), Lake

S19, T26S, R19E

76.50'

73.50'

72.50'

Iola, Lake

S15, T24S, R20E

147.50'

145.00'

142.50'

Jessamine, Lake

S11, T24S, R20E

142.00'

138.00'

136.00'

JoAnn, Lake

S30, T26, R19

68.00'

65.50'

63.50'

Moody, Lake

S10, T24S, R20E

110.00'

107.50'

105.50'

Myrtle, Lake

S30, T26, R19

68.00'

65.50'

63.50'

Saxon, Lake

S30, T26S, R19E

71.25'

69.00'

67.50'

Tampa (Turtle), Lake

S32, T26, R19

65.50'

63.00'

61.00'

Toni, Lake

S30, T26, R19

68.00'

65.50'

63.50'

Twin, Lake

S28, T26, R19

67.50'

65.00'

63.00'

Unnamed Lake #26

S25, T26, R18

68.00'

65.50'

63.50'

(t) - (cc) No change.

 

 

 

Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.036, 373.0361, 373.042, 373.0421, 373.086 FS. History–New 6-7-78, Amended 1-22-79, 4-27-80, 10-21-80, 12-22-80, 3-23-81, 4-14-81, 6-4-81, 10-15-81, 11-23-81, 1-5-82, 3-11-82, 5-10-82, 7-4-82, 9-2-82, 11-8-82, 1-10-83, 4-3-83, 7-5-83, 9-5-83, 10-16-83, 12-12-83, 5-8-84, 7-8-84, 12-16-84, 2-7-85, 5-13-85, 6-26-85, 11-3-85, 3-5-86, 6-16-86, Formerly 16J-8.678, Amended 9-7-86, 2-12-87, 9-2-87, 2-18-88, 6-27-88, 2-22-89, 3-23-89, 9-26-89, 7-26-90, 10-30-90, 3-3-91, 9-30-91, 10-7-91, 7-26-92, 3-1-93, 5-11-94, 6-6-96, 2-23-97, 8-7-00, 1-8-04, 12-21-04 (13), 12-21-04 (13), 6-5-05, 5-2-06, 1-1-07, 2-12-07, 1-10-08, 2-18-08,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Karen A. Lloyd, Assistant Deputy Counsel, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4651
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 29, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 22, 2008