23372749, 40E-2.091 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 23372749

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

South Florida Water Management District

Chapter:

CONSUMPTIVE USE

Overview

RULE:

40E-2.091

Publications Incorporated by Reference

PURPOSE:

The Comprehensive Everglades Restoration Plan (CERP) is the framework to restore the Greater Everglades Ecosystem.  As part of CERP, the EAA Reservoir Project was authorized by WRDA 2018 as a multi-purpose reservoir.  It will store regulatory releases from Lake Okeechobee and EAA basin runoff, thereby substantially decreasing the frequency and intensity of harmful discharges to the Northern Estuaries.  The EAA Reservoir Project will also deliver an average annual flow of 370,000 acre-feet above the existing flows to the central Everglades, benefiting fish and wildlife.  It will also enhance regional water supplies for existing legal users, which will increase the water available to meet environmental needs.  The proposed water reservation rule will protect the water needed for fish and wildlife as required by CERP.
Section 601 of WRDA 2000 requires the State to protect water made available for the natural system by CERP projects from allocation to consumptive uses. Legal protection of the water is required before the South Florida Water Management District (District) and the U.S. Army Corps of Engineers (USACE) may execute a Project Partnership Agreement (PPA) to cost-share the construction of CERP project features. The District is fulfilling these requirements by adopting rules reserving the water released from the EAA Reservoir Project to the central Everglades. 
The purpose of this workshop is to discuss the draft rule text and supporting technical document, which identifies the water needed for the protection of fish and wildlife.

SUBJECT:

Water reservation for the Central Everglades Planning Project (CEPP) Everglades Agricultural Area Reservoir, in volumes, locations, and time of the year as is necessary for the protection of fish and wildlife and associated “Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District” criteria.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.171, 373.216 FS

LAW:

373.042, 373.0421, 373.083, 373.109, 373.196, 373.219, 373.223, 373.224, 373.229, 373.232, 373.233, 373.236, 373.239, 373.250 FS

PRINT PUBLISH DATE:

6/30/2020 Vol. 46/127

RELATED STATUTES
AND LAWS:

373.044, 373.113, 373.171, 373.216 FS, 373.042, 373.0421, 373.083, 373.109, 373.196, 373.219, 373.223, 373.224, 373.229, 373.232, 373.233, 373.236, 373.239, 373.250 FS

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=40E-2.091&PDate=6/30/2020&Section=1

REFERENCE MATERIALS:

No reference(s).

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