Notice of Proposed Rule

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District
RULE NO: RULE TITLE
40D-1.107: Basins
PURPOSE AND EFFECT: The purpose and effect of the proposed amendments to Rule 40D-1.107, F.A.C., is to adopt a revised legal description of the District’s Hillsborough River Basin. The Hillsborough River Basin will be re-defined to include the area formerly within the Northwest Hillsborough River Basin.
SUMMARY: The Southwest Florida Water Management District (District) is subdivided into hydrologic basins. On December 16, 2008, the District’s Governing Board adopted a resolution that merged the Northwest Hillsborough Basin and the Hillsborough River Basin pursuant to its authority as provided in Section 373.0693(1)(a), F.S. This action followed management studies of the District that concluded by combining the Northwest Hillsborough and the Hillsborough River Basins the District could reduce agency expenditures and eliminate unnecessary duplication of work. This rule amendment will revise the current legal description of the basin boundaries to reflect the Board’s action.
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, 373.149, 373.171 FS.
LAW IMPLEMENTED: 373.0693 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: Barbara Martinez, Administrative Assistant, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899; (352)796-7211, extension 4660

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-1.107 Basins.

Pursuant to Section 5 of Chapter 61-691, Laws of Florida, the area of the District is divided into watershed basins to include each major stream and its tributary streams and all lands draining therein except the area known as the Green Swamp Watershed Basin.

(1) through (3) No change.

(4) The area of the Hillsborough River Basin is located in parts of Hillsborough, Polk, Pasco, and Hernando Counties.

(a) That portion of the Hillsborough River Basin located within Hillsborough County is described as follows:

Begin at the point on the Hillsborough-Pinellas County line one mile south of Road 60 in Old Tampa Bay;

Thence continue east and south along Hillsborough-Polk County line to southeast corner of Section 24, Township 28 South, Range 22 East;

Thence west to northwest corner of Section 27, Township 28 South, Range 22 East;

Thence south to southeast corner of Section 33, Township 28 South, Range 22 East;

Thence west to southwest corner of Section 32, Township 28 South, Range 22 East;

Thence south to southeast corner of Section 6, Township 29 South, Range 22 East;

Thence west to southwest corner of Section 6, Township 29 South, Range 22 East;

Thence north to northeast corner of Section 1, Township 29 South, Range 21 East;

Thence west to northeast corner of Section 4, Township 29 South, Range 21 East;

Thence south to southeast corner of Section 9, Township 29 South, Range 21 East;

Thence west to northwest corner of Section 17, Township 29 South, Range 21 East;

Thence south to southwest corner of Section 17, Township 29 South, Range 21 East;

Thence west to southeast corner of Section 14, Township 29 South, Range 20 East;

Thence south to southwest corner of Section 24, Township 29 South, Range 20 East;

Thence west to McKay Bay and section line between Sections 21 and 28, Township 29 South, Range 19 East;

Thence southerly and westerly through McKay, Hillsborough and Tampa Bays, to the Hillsborough-Pinellas County line;thence northerly and westerly in Tampa Bay along the Hillsborough-Pinellas County line to Point of Beginning.

(b) That portion of the Hillsborough River Basin located within Polk County is described as follows:

Begin at southeast corner of Section 36, Township 26 South, Range 22 East;

Thence west along Polk-Hillsborough County line to intersection with Polk-Pasco County line;

Thence north and east along Polk-Pasco County line to northeast corner of Section 1, Township 26 South, Range 22 East;

Thence north along the range line between Ranges 22 and 23 East and the Polk-Pasco County line to the northwest corner of Section 31, Township 25 South, Range 23 East;

Thence east to the northeast corner of Section 31, Township 25 South, Range 23 East;

Thence south to the southeast corner of Section 31, Township 25 South, Range 23 East;

Thence east along the township line between Townships 25 and 26 South to the northeast corner of Section 5, Township 26 South, Range 23 East;

Thence south along the sections to the southeast corner of Section 8, Township 26 South, Range 23 East;

Thence east to the northeast corner of Section 16, Township 26 South, Range 23 East;

Thence south along the sections to the southeast corner of Section 28, Township 26 South, Range 23 East;

Thence east to the northeast corner of Section 34, Township 26 South, Range 23 East;

Thence south to the southeast corner of Section 34, Township 26 South, Range 23 East;

Thence east along the township line between Townships 26 and 27 South to the northeast corner of Section 2, Township 27 South, Range 23 East;

Thence south along the sections to the northeast corner of Section 14, Township 27 South, Range 23 East;

Thence east to the northeast corner of Section 13, Township 27 South, Range 23 East;

Thence south along the range line between Ranges 23 and 24 East to the southeast corner of Section 13, Township 27 South, Range 23 East;

Thence west to the southwest corner of Section 13, Township 27 South, Range 23 East;

Thence south along the sections to the northwest corner of Section 13, Township 28 South, Range 23 East;

Thence east to the northeast corner of Section 13, Township 28 South, Range 23 East;

Thence south along the range line between Ranges 23 and 24 East to the southeast corner of Section 36, Township 28 South, Range 23 East;

Thence west along the township line between Townships 28 and 29 south to the southwest corner of Section 35, Township 28 South, Range 23, East;

Thence north to the southwest corner of Section 26, Township 28 South, Range 23 East;

Thence west along the sections to the southwest corner of Section 29, Township 28 South, Range 23, East;

Thence north to the northwest corner of Section 29, Township 28, South, Range 23 East;

Thence west to the southwest corner of Section 19, Township 28 South, Range 23 East;

Thence north along the range line between Ranges 22 and 23 East to the southeast corner of Section 36, Township 26 South, Range 22 East to Point of Beginning.

(c) That portion of the Hillsborough River Basin Located within Pasco County is described as follows:

Begin at southwest corner of Section 36, Township 26 South, Range 18 East;

Thence north to northwest corner of Section 13, Township 25 South, Range 18 East;

Thence east to southeast corner of Section 12, Township 25 South, Range 18 East;

Thence north to northwest corner of Section 7, Township 25 South, Range 19 East;

Thence east to southeast corner of Section 6, Township 25 South, Range 19 East;

Thence north to northwest corner of Section 5, Township 25 South, Range 19 East;

Thence east to southeast corner of Section 33, Township 24 South, Range 19 East;

Thence north to northwest corner of Section 34, Township 24 South, Range 19 East;

Thence east to southeast corner of Section 27, Township 24 South, Range 19 East;

Thence north to northwest corner of Section 26, Township 24 South, Range 19 East;

Thence east to southeast corner of Section 23, Township 24 South, Range 19 East;

Thence north along the sections to Pasco-Hernando County line;

Thence east along the township line between Townships 23 and 24 South and the Pasco-Hernando County line to northeast corner of Section 2, Township 24 South, Range 20 East;

Thence south to southwest corner of Section 1, Township 25 South, Range 20 East;

Thence east to northeast corner of Section 7, Township 25 South, Range 21 East;

Thence north to northwest corner of Section 5, Township 25 South, Range 21 East;

Thence east to northeast corner of Section 5, Township 25 South, Range 21 East;

Thence south to southeast corner of Section 5, Township 25 South, Range 21 East;

Thence east to northeast corner of Section 10, Township 25 South, Range 21 East;

Thence south to southwest corner of Section 11, Township 25 South, Range 21 East;

Thence east to the northeast corner of Section 14, Township 25 South, Range 21 East;

Thence south to the northwest corner of Section 36, Township 25 South, Range 21 East;

Thence east to northeast corner of Section 36, Township 25 South, Range 21 East;

Thence south to southwest corner of Section 31, Township 25 South, Range 22 East;

Thence east to northeast corner of Section 4, Township 26 South, Range 22 East;

Thence south along the sections and the Pasco-Polk County line to intersection with Pasco-Hillsborough County line;

Thence west along the township line between Townships 26 and 27 South and the Pasco-Hillsborough County line to Point of Beginning.

Begin at intersection of section line between Sections 33 and 34, Township 30 South, Range 18 East, with Tampa Bay;

Thence north to northwest corner of Section 27, Township 28 South, Range 18 East;

Thence east to southeast corner of Section 22, Township 28 South, Range 18 East;

Thence north to northwest corner of Section 23, Township 28 South, Range 18 East;

Thence east to southeast corner of SW 1/4 of Section 14, Township 28 South, Range 18 East;

Thence north to northwest corner of NE 1/4 of Section 2, Township 28 South, Range 18 East;

Thence east to southeast corner of SW 1/4 of Section 36, Township 27 South, Range 18 East;

Thence north to northeast corner of NW 1/4 of Section 25, Township 27 South, Range 18 East;

Thence west to southeast corner of SW 1/4 of SW 1/4 of Section 24, Township 27 South, Range 18 East;

Thence north to northeast corner of NW 1/4 of NW 1/4 of Section 13, Township 27 South, Range 18 East;

Thence east to southeast corner of SW 1/4 of Section 12, Township 27 South, Range 18 East;

Thence north to Hillsborough-Pasco County line;

Thence east along Hillsborough-Pasco County line to intersection with Pasco-Polk County line;

Thence continue east and south along Hillsborough-Polk County line to southeast corner of Section 24, Township 28 South, Range 22 East;

Thence west to northwest corner of Section 27, Township 28 South, Range 22 East;

Thence south to southeast corner of Section 33, Township 28 South, Range 22 East;

Thence west to southwest corner of Section 32, Township 28 South, Range 22 East;

Thence south to southeast corner of Section 6, Township 29 South, Range 22 East;

Thence west to southwest corner of Section 6, Township 29 South, Range 22 East;

Thence north to northeast corner of Section 1, Township 29 South, Range 21 East;

Thence west to northeast corner of Section 4, Township 29 South, Range 21 East;

Thence south to southeast corner of Section 9, Township 29 South, Range 21 East;

Thence west to northwest corner of Section 17, Township 29 South, Range 21 East;

Thence south to southwest corner of Section 17, Township 29 South, Range 21 East;

Thence west to southeast corner of Section 14, Township 29 South, Range 20 East;

Thence south to southwest corner of Section 24, Township 29 South, Range 20 East;

Thence west to McKay Bay and section line between Sections 21 and 28, Township 29 South, Range 19 East;

Thence southerly and westerly through McKay, Hillsborough and Tampa Bays to Point of Beginning.

(b) That portion of the Hillsborough River Basin located within Polk County is described as follows:

Begin at southeast corner of Section 36, Township 26 South, Range 22 East;

Thence west along Polk-Hillsborough County line to intersection with Polk-Pasco County line;

Thence north and east along Polk-Pasco County line to northeast corner of Section 1, Township 26 South, Range 22 East;

Thence north along the range line between Ranges 22 and 23 East and the Polk-Pasco County line to the northwest corner of Section 31, Township 25 South, Range 23 East;

Thence east to the northeast corner of Section 31, Township 25 South, Range 23 East;

Thence south to the southeast corner of Section 31, Township 25 South, Range 23 East;

Thence east along the township line between Townships 25 and 26 South to the northeast corner of Section 5, Township 26 South, Range 23 East;

Thence south along the sections to the southeast corner of Section 8, Township 26 South, Range 23 East;

Thence east to the northeast corner of Section 16, Township 26 South, Range 23 East;

Thence south along the sections to the southeast corner of Section 28, Township 26 South, Range 23 East;

Thence east to the northeast corner of Section 34, Township 26 South, Range 23 East;

Thence south to the southeast corner of Section 34, Township 26 South, Range 23 East;

Thence east along the township line between Townships 26 and 27 South to the northeast corner of Section 2, Township 27 South, Range 23 East;

Thence south along the sections to the northeast corner of Section 14, Township 27 South, Range 23 East;

Thence east to the northeast corner of Section 13, Township 27 South, Range 23 East;

Thence south along the range line between Ranges 23 and 24 East to the southeast corner of Section 13, Township 27 South, Range 23, East;

Thence west to the southwest corner of Section 13, Township 27 South, Range 23 East;

Thence south along the sections to the northwest corner of Section 13, Township 28 South, Range 23 East;

Thence east to the northeast corner of Section 13, Township 28 South, Range 23 East;

Thence south along the range line between Ranges 23 and 24 East to the southeast corner of Section 36, Township 28 South, Range 23 East;

Thence west along the township line between Townships 28 and 29 south to the southwest corner of Section 35, Township 28 South, Range 23, East;

Thence north to the southwest corner of Section 26, Township 28 South, Range 23 East;

Thence west along the sections to the southwest corner of Section 29, Township 28 South, Range 23, East;

Thence north to the northwest corner of Section 29, Township 28, South, Range 23 East;

Thence west to the southwest corner of Section 19, Township 28 South, Range 23 East;

Thence north along the range line between Ranges 22 and 23 East to the southeast corner of Section 36, Township 26 South, Range 22 East to Point of Beginning.

(c) That portion of the Hillsborough River Basin Located within Pasco County is described as follows:

Begin at southwest corner of Section 36, Township 26 South, Range 18 East;

Thence north to northwest corner of Section 13, Township 25 South, Range 18 East;

Thence east to southeast corner of Section 12, Township 25 South, Range 18 East;

Thence north to northwest corner of Section 7, Township 25 South, Range 19 East;

Thence east to southeast corner of Section 6, Township 25 South, Range 19 East;

Thence north to northwest corner of Section 5, Township 25 South, Range 19 East;

Thence east to southeast corner of Section 33, Township 24 South, Range 19 East;

Thence north to northwest corner of Section 34, Township 24 South, Range 19 East;

Thence east to southeast corner of Section 27, Township 24 South, Range 19 East;

Thence north to northwest corner of Section 26, Township 24 South, Range 19 East;

Thence east to southeast corner of Section 23, Township 24 South, Range 19 East;

Thence north along the sections to Pasco-Hernando County line;

Thence east along the township line between Townships 23 and 24 South and the Pasco-Hernando County line to northeast corner of Section 2, Township 24 South, Range 20 East;

Thence south to southwest corner of Section 1, Township 25 South, Range 20 East;

Thence east to northeast corner of Section 7, Township 25 South, Range 21 East;

Thence north to northwest corner of Section 5, Township 25 South, Range 21 East;

Thence east to northeast corner of Section 5, Township 25 South, Range 21 East;

Thence south to southeast corner of Section 5, Township 25 South, Range 21 East;

Thence east to northeast corner of Section 10, Township 25 South, Range 21 East;

Thence south to southwest corner of Section 11, Township 25 South, Range 21 East;

Thence east to the northeast corner of Section 14, Township 25 South, Range 21 East;

Thence south to the northwest corner of Section 36, Township 25 South, Range 21 East;

Thence east to northeast corner of Section 36, Township 25 South, Range 21 East;

Thence south to southwest corner of Section 31, Township 25 South, Range 22 East;

Thence east to northeast corner of Section 4, Township 26 South, Range 22 East;

Thence south along the sections and the Pasco-Polk County line to intersection with Pasco-Hillsborough County line;

Thence west along the township line between Townships 26 and 27 South and the Pasco-Hillsborough County line to Point of Beginning.

(5) The area of the Northwest Hillsborough Basin is located entirely within Hillsborough County and is described as follows:

Begin at the point on the Hillsborough-Pinellas County line one mile south of Road 60 in Old Tampa Bay;

Thence north along Hillsborough-Pinellas County line to northwest corner of Section 6, Township 27 South, Range 17 East;

Thence east along Hillsborough-Pasco County line to northeast corner of NW 1/4 of Section 1, Township 27 South, Range 18 East;

Thence south to southeast corner of SW 1/4 of Section 12, Township 27 South, Range 18 East;

Thence west to northwest corner of NE 1/4 of NW 1/4 of Section 13, Township 27 South, Range 18 East;

Thence south to northeast corner of NW 1/4 of NW 1/4 of Section 25, Township 27 South, Range 18 East;

Thence east to northwest corner of NE 1/4 of Section 25, Township 27 South, Range 18 East;

Thence south to southeast corner of SW 1/4 of Section 36, Township 27 South, Range 18 East;

Thence west to northeast corner of NW 1/4 of Section 2, Township 28 South, Range 18 East;

Thence south to southeast corner of SW 1/4 of Section 14, Township 28 South, Range 18 East;

Thence west to northeast corner of Section 22, Township 28 South, Range 18 East;

Thence south to southeast corner of Section 22, Township 28 South, Range 18 East;

Thence west to northwest corner of Section 27, Township 28 South, Range 18 East;

Thence south to intersection of section line between Sections 33 and 34, Township 30 South, Range 18 East with Tampa Bay;

Thence westerly in Tampa Bay to Hillsborough-Pinellas County line;

Thence northerly and westerly in Tampa Bay along Hillsborough-Pinellas County line to Point of Beginning.

Rulemaking Specific Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.0693 FS. History–Readopted 10-5-74, Amended 12-31-74, 10-24-76, 9-5-77, 10-16-78, 4-27-80, 3-30-81, 1-10-83, 10-9-85, Formerly 16J-0.03, 40D-0.061, Amended 3-11-04, 6-16-04,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Karen West, Deputy General Counsel
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 16, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 27, 2009