18833052, 40C-2.101 - Florida Administrative Rules, Law, Code, Register

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Notice: 18833052

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

St. Johns River Water Management District

Chapter:

PERMITTING OF CONSUMPTIVE USES OF WATER

Overview

RULE:

40C-2.101

Publications Incorporated by Reference

PURPOSE:

By July 1, 2017, the District is required to set minimum flows or levels (MFLs) for Silver Springs in Marion County, an Outstanding Florida Spring. Based on the best available information, all three recommended minimum flows and levels in proposed 40C-8.031(7), F.A.C., are currently being achieved; however, the recommended minimum frequent low flow and level for Silver Springs would not be met under projected water use demands through the 20-year planning horizon. Thus, the District has concurrently approved an MFL prevention strategy to prevent the existing flows and levels from falling below the established minimum flows and levels. That strategy includes a regulatory component, consisting of new rules to prevent the existing flows and levels from falling below the minimum flows and levels for Silver Springs.

SUMMARY:

The amendments to 40C-2.101, F.A.C., and the Applicant’s Handbook, Consumptive Uses of Water (AH) that is incorporated by reference in 40C-2.101(1)(a), will create the regulatory part of a strategy to prevent the existing flows and levels from falling below the minimum flows and levels for Silver Springs. Among other things, new Section 3.3.3, AH, will: (1) define terms used in the new section; (2) delineate the boundaries of the area in which the new rules apply; (3) restrict certain upper Floridan groundwater uses that have the potential to impact Silver Springs without a supplemental water supply or offset project to no more than demonstrated 2024 demand; (4) provide options for addressing potential impacts to Silver Springs; (5) provide a temporary groundwater allocation for certain permittees that are diligently pursuing a supplemental water supply or offset project; (6) clarify that irrigation allocations for agricultural, recreational, or landscape uses include both an allocation for average climatic conditions as well as drought conditions; and (7) provide criteria for self-relocations of reasonable-beneficial permitted allocations.

RULEMAKING AUTHORITY:

373.044, 373.113 FS.

LAW:

373.042, 373.0421, 373.219, 373.223, 373.227, 373.229, 373.236, 373.239, 373.243, 373.246, 373.250, 373.805 FS.

PRINT PUBLISH DATE:

4/12/2017 Vol. 43/71

COMMENTS:

From 4/12/2017 To 5/3/2017 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-04443 Applicant's Handbook: Consumptive Uses of Water (Appendix G)
Ref-04446 Rule 62-40.416
Ref-05972 Applicant's Handbook: Consumptive Uses of Water
Ref-05973 Applicant's Handbook: Consumptive Uses of Water (Appendix I)

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