Notice of Development of Rulemaking

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District
Rule No.: RULE TITLE
40D-8.626: Minimum Aquifer Levels
PURPOSE AND EFFECT: In January 2010, farmers in the Dover/Plant City area pumped large quantities of groundwater to protect their crops. This combined pumping dropped the aquifer level 60 feet and caused more than 750 temporarily dry wells for neighboring homeowners. Pumping groundwater for freeze protection is a best management practice for strawberry, citrus, and other industries and is authorized by water use permits. However, the farmers were responsible for fixing hundreds of the dry wells. Amendments to Chapter 40D-8, Florida Administrative Code are being made as part of a rulemaking package, which will also include amendments to Chapters 40D-1, 40D-2, and 40D-80, F.A.C., to prevent a similar situation. Particularly, amendments to Chapter 40D-8, F.A.C., will establish a Minimum Aquifer Level and Minimum Aquifer Level Protection Zone providing a minimum aquifer elevation for the Dover/Plant city area to prevent significant harm from frost/freeze pumpage.
SUBJECT AREA TO BE ADDRESSED: Minimum Aquifer Levels.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.171 FS.
LAW IMPLEMENTED: 373.036, 373.0361, 373.042, 373.0421 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Pamela A. Gifford, Certified Legal Assistant, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4156 (OGC#2010010)

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.