Title: Memorandum regarding minimum flows and levels
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 Material Information
Title: Memorandum regarding minimum flows and levels
Alternate Title: Memorandum with attached Notices of Rule Development for Chapters 40D-2, 40D-4 and 40D-8 F. A. C., regarding minimum flows and levels which will be published in the Florida Administrative Weekly on June 6, 1997. Attachments have workshop dates, times and
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 5, Folder 12 ( SF MINIMUM FLOWS AND LEVELS, Volumes 1 and 2 ), Item 4
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00052657
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text




Southwest Florida

"Water Management District
2379 Broad Street Brooksville, Florida 34609-6899 1-800-423-1476 (Florida Only) or
(352) 796-7211 SUNCOM 628-4150 T.D.D. Number Only (Florida Only): 1-800-231-6103
E 7601 Highway 301 North 170 Century Boulevard 115 Corporation Way 2303 Highway 44 West
Tampa, Florida 33637-6759 Bartow, Florida 33830-7700 Venice, Florida 34292-3524 Inverness. Rorida 34453-3809
1-800-836-0797 or (813) 985-7481 1-800-492-7862 or (941) 534-1448 1-800-320-3503 or (941) 486-1212 (352) 637-1360
An Equal Opportunity Employer SUNCOM 578-2070 SUNCOM 572-6200 SUNCOM 526-6900


Roy G. Harrell, Jr. May 28, 1997
Chairman, St. Petersburg
Joe L. Davis, Jr.
Vice Chairman, Wauchula
Curtis L. Law
Secretary, Land O Lakes MEMORANDUM
Sally Thompson
Treasurer, Tampa
James L Allen TO: To Whom It May Concern
Bushnell
Ramon F. Campo
Brandon
Rebecca M. Eger FROM: Claudi eA eal Secretary, ce. of General Counsel
Sarasota -
John P. Harlee, IV
Bradenton SUBJE : Minimum Flows and Level -Workshops and Draft Rules
Ronald C. Johnson
Lake Wales
James E. Martin
St. Petersburg
VirginiaS. Roo Enclosed you wi in copies of the Notices of Rule Development for Chapters
Tampa
40D-2, 40D-4 and 40D-8, F.A.C., regarding minimum flows and levels which will
E. D. "Sonny" Vergara
Executive Director be published in the Florida Administrative Weekly on June 6, 1997. Please note
Edwad e Cousel the workshop dates, times and locations within the attached notices.


If you have questions, you may contact me at extension 4651.

:cga
Enclosures
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Excoll/ce
Through
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Service J printed on
recycled paper










SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

RULE CHAPTER TITLE: RULE CHAPTER NO.:

Consumptive Use of Water 40D-2, F.A.C.

RULE TITLE: RULE NO.:

Publications Incorporated by Reference 40D-2.091

Conditions for Issuance of Permits 40D-2.301

PURPOSE AND EFFECT:

Simultaneously with this notice of rule development, the District

is also giving notice of the development of rules to establish

minimum flows and levels to satisfy the requirements of section

373.042, F.S. Section 373.042, F.S. requires that minimum flows

and levels be established for the District's designated priority

waterbodies within Pasco, Hillsborough and Pinellas Counties by

October 1, 1997. The changes to the Conditions for Issuance of

Permits and the Basis of Review For Water Use Permit Applications

set out below set forth how the established minimum flows and

levels will be. used in the District's water use permitting program.

SUBJECT AREA TO BE ADDRESSED:

The regulatory implementation of minimum flows and levels in the

District's water use permitting program.

SPECIFIC AUTHORITY: 373.042, 373.0421, 373.044, 373.103, 373.113,

373.149, 373.171 FS.

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LAW IMPLEMENTED: 373.042, 373.0421, 373.103, 373.171, 373.219,

373.223, 373.229, 373.239, 373.243 FS.

A RULE DEVELOPMENT WORKSHOP WILL BE HELD ON THE TIME, DATE AND

PLACE SHOWN BELOW:

TIME AND DATE: June 25, 1997, 9 a.m. (As a part of the monthly

Governing Board Meeting)

PLACE: Southwest Florida Water Management District, Governing Board

Room, 2379 Broad Street, Brooksville, Florida

TIME AND DATE: July 1, 1997, 9 a.m.

PLACE: Tampa Service Office, 7601 U.S. Highway 301 North, Tampa,

Florida

GOVERNING BOARD MEMBERS MAY BE IN ATTENDANCE.

TIME AND DATE: July 10, 1997, 5:30 p.m. to 8:30 p.m.

PLACE: Gaither High School, 16200 North Dale Mabry Highway, Tampa,

Florida

GOVERNING BOARD MEMBERS MAY BE IN ATTENDANCE.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT

IS: Karen A. Lloyd, Senior Attorney, Office of General Counsel,

2379 Broad Street, Brooksville, Florida 34609-6899, (352) 796-

7211, extension 4651.

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

40D-2.091 Publications Incorporated by Reference

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The "Basis of Review for Water Use Permit Applications"

Ai- i, 1- 4, the "Agricultural Water Use Form, July

24, 1990, and the "Agricultural Water Allotment Form," July 24,

1990, are hereby incorporated by reference into this Chapter and

are available from the District upon request.

Specific Authority 120.54(1). 373.042. 373.0421. 373.044, 373.103.

373.113. 373.171 FS. Law Implemented 373.042. 373.0421. 373.103.

373.171. 373.219, 373.239, 373.243 FS. History New 10-1-89,

Amended 11-15-90, 2-10-93, 3-30-93, 7-29-93, 4-11-94.



40D-2.301 Conditions for Issuance of Permits

(1) In order to obtain a Water Use Permit, an Applicant must

demonstrate that the water use is reasonable and beneficial, is in

the public interest, and will not interfere with any existing legal

use of water, by providing reasonable assurances, on both an

individual and a cumulative basis, that the water use:

(a) through (c) No change.

(d) Will comply with the provisions of 4.3 of the Basis

of Review described in 40D-2.091 riot cauo. water lovrls or ratzc of

flow to deviate from the rangcA .t fCrth in Chapter 40D 0;

(e) through (n) No change.

(2) and (3) No change.

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Specific Authority 120.54(1). 373.042. 373.0421. 373.044, 373.103.

373.113, 373.149, 373.171 FS. Law Implemented 373.042. 373.0421.

373.103. 373.171. 373.219, 373.223, 373.229 FS. History Readopted

10-5-74, Amended 12-31-74, 2-6-78, 7-5-78, Formerly 16J-2.11, 16J-

2.111, Amended 1-25-81, 10-1-89, 2-10-93.




WATER USE PERMITTING BASIS OF REVIEW

The following changes are made to Chapter 4.0:

4.0 CONDITIONS FOR ISSUANCE--TECHNICAL CRITERIA

4.3 MINIMUM FLOWS AND LEVELS

Applicants shall demonstrate compliance with established minimum

flows and levels as set forth in 40D-8 F.A.C. by showing that the

proposed withdrawal is consistent with the District's applicable

Regional Water Supply Plan. including any recovery strategies

contained within the Plan.

Water withdrawalS muot not caue:.

1. Lake lzvclo to be reduced below the applicable minimum

water level catabliahzd in Chapter 40D 0, P.A.C.




2. Dtrzamflow to bo reduced below tho minimum regulatory

flow lzvzl aa catabliohzd in Chapter 40D 0, F.A.C.



4 -
1. %..!~l,. .. I..L LL %1 %.. k9..L LLLJ- &.lc c..L. LLLLL l '-'::

431 ... ,- -1 -, A,.- 1 4 el,.A --I F'11, 4- An~ I'T% T 7


















The Southwest Florida Water Management District does not

discriminate on the basis of any individual's disability status.

Anyone requiring reasonable accommodation as provided for in the

American's With Disabilities Act should contact Dianne Lee at

(352)796-7211 or 1-800-423-1476, extension 4658; TDD only number 1-

800-231-6103; FAX number (352)754-6878/SUNCOM 663-6878.

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SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

RULE CHAPTER TITLE: RULE CHAPTER NO.:

Individual Environmental Resource Permits 40D-4, F.A.C.

RULE TITLE: RULE NO.:

Publications and Agreements Incorporated

by Reference 40D-4.091

PURPOSE AND EFFECT:

Simultaneously with this notice of rule development, the District

is also giving notice of the development of rules to establish

minimum flows and levels to satisfy the requirements of section

373.042, F.S. Section 373.042, F.S. requires that minimum flows

and levels be established for the District's designated priority

waterbodies within Pasco, Hillsborough and Pinellas Counties by

October 1, 1997. The changes to the Basis of Review For Water Use

Permit Applications set out below set forth how the established

minimum flows and levels will be used in the District's water use

permitting program.

SUBJECT AREA TO BE ADDRESSED:

The regulatory implementation of minimum flows and levels in the

District's water use permitting program.

SPECIFIC AUTHORITY: 120.54(1), 373.044, 373.046, 373.113, 373.171,

373.414 FS.

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LAW IMPLEMENTED: 120.54(1), 373.046, 373.103(8), 373.114, 373.403,

373.413, 373.414, 373.416, 373.429, 373.441 FS.

A RULE DEVELOPMENT WORKSHOP WILL BE HELD ON THE TIME, DATE AND

PLACE SHOWN BELOW:

TIME AND DATE: June 25, 1997, 9 a.m. (As a part of the monthly

Governing Board Meeting)

PLACE: Southwest Florida Water Management District, Governing Board

Room, 2379 Broad Street, Brooksville, Florida

TIME AND DATE: July 1, 1997, 9 a.m.

PLACE: Tampa Service Office, 7601 U.S. Highway 301 North,-Tampa,

Florida

GOVERNING BOARD MEMBERS MAY BE IN ATTENDANCE.

TIME AND DATE: July 10, 1997, 5:30 p.m. to 8:30 p.m.

PLACE: Gaither High School, 16200 North Dale Mabry Highway, Tampa,

Florida

GOVERNING BOARD MEMBERS MAY BE IN ATTENDANCE.

"THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT

IS: Karen A. Lloyd, Senior Attorney, Office of General Counsel,

2379 Broad Street, Brooksville, Florida 34609-6899, (352) 796-

7211, extension 4651.

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

40D-4.091 Publications and Agreements Incorporated by

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Reference.

The following documents are hereby incorporated into this

chapter and Chapters 40D-40 and 40D-400, F.A.C.:

(1) "Basis of Review for Environmental Resource Permit

Applications within the Southwest Florida Water Management

District, ____ July 23, 10G." This document is available

from the District upon request.

(2) and (3) No change.

Specific Authority 120.54(111-8+, 373.042, 373.0421. 373.044,

373.046, 373.113, 373.171, 373.414 FS. Laws Implemented

120.54(1)4-}8, 373.042. 373.0421. 373.046, 373.103(8), 373.114,

373.403, 373.413, 373.414, 373.416, 373.429, 373.441 FS. History -

New 4-2-87, Amended 3-1-88, 9-11-88, 10-1-88, 4-1-91, 11-16-92, 1-

30-94, 10-3-95, 12-26-95, 5-26-96, 7-23-96,

BASIS OF REVIEW FOR

ENVIRONMENTAL RESOURCE PERMIT APPLICATIONS WITHIN

THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

The following changes are made to Chapter Three Environmental:

3.2.2.4 Water quantity impacts to wetlands and other surface

waters:

Pursuant to paragraph 3.1.1(a), an applicant must provide

reasonable assurance that the regulated activity will not change

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the hydroperiod of a wetland or other surface water, so as to

adversely affect wetland functions or other surface water functions

as follows:

(a) through (c) No change.

(d) The activity shall not reduce or suppress the flow of a

watercourse or the level of water in a wetland or other surface

water below a minimum flow or level that has been established

pursuant to Section 373.042. F.S.

The following changes are made to Chapter Four Water Quantity:

4.6 Overdrainage and water conservation Where practicable,

systems shall be designed to:

1. through 6. No change.

4.6.1 In addition to the design considerations in 4.6 above,

the system shall not reduce or suppress the flow of a watercourse

or the level of water in a wetland or other surface water below a

minimum flow or level that has been established pursuant to Section

373.042, F.S.

The Southwest Florida Water Management District does not

discriminate on the basis of any individual's disability status.

Anyone requiring reasonable accommodation as provided for in the

American's With Disabilities Act should contact Dianne Lee at



4 -












(352)796-7211 or 1-800-423-1476, extension 4658; TDD only number 1-


800-231-6103; FAX number (352)754-6878/SUNCOM 663-6878.

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SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

RULE CHAPTER TITLE: RULE CHAPTER NO.:

Water Levels and Rates of Flow 40D-8, F.A.C.

RULE TITLE: RULE NO.:

Policy and Purpose 40D-8.011

Definitions 40D-8.021

Implementation 40D-8.031

Minimum Rates of Flow and Lcvel 40D-8.041

Publications Incorporated by Reference 40D-S,091

Ma nagement Levels for Lakes. Wetlands.

and Other Impoundments 40D-8.603

Cyclic Variations for Minimum Water Level 40D-8.605

Minimum Flood Levels 40D-8.611

Ten (10) Year Flood Warning Levels 40D-8.613

Posted Notice 40D-8.616

ch-dule of Levels for Lakes. Wetlands.

and Other Impoundments 40D-8.624

Minimum Aquifer Levels in Northern

Hillsborough. Pasco. and Pinellas Counties 40D-8.626

PURPOSE AND EFFECT:

To establish minimum flows and levels to satisfy the requirements

of section 373.042, F.S. Section 373.042, F.S. requires that

1 -











minimum flows and levels be established for the District's

designated priority waterbodies within Pasco, Hillsborough and

Pinellas Counties by October 1, 1997. The draft rules set forth

the scientific methodology for establishing minimum flows and

levels for the priority waterbodies and set forth the minimum

levels calculated to date. The proposed rules also set forth

implementation provisions which generally describe how the

established minimum flows and levels will be used within the

District's water use and environmental resource permitting programs

as part of the recovery strategy called for by Section 373.0421,

F.S. (1997). The previously adopted levels for lakes within the

District are renamed to avoid confusion with those lake levels

adopted pursuant to the proposed methodology.

SUBJECT AREA TO BE ADDRESSED:

The establishment and general regulatory implementation of minimum

flows and levels for priority waterbodies within Pasco,

Hillsborough and Pinellas Counties pursuant to Section 373.042 and

373.0421, F.S. (1997).

SPECIFIC AUTHORITY: 120.54, 373.016, 373.023, 373.044, 373.103,

373.113, 373.133, 373.149, 373.171 FS.






2 -











LAW IMPLEMENTED: 120.53, 120.54, 373.016, 373.023, 373.026,

373.0395, 373.042, 373.0421, 373.044, 373.086, 373.103, 373.171,

373.339 FS.

A RULE DEVELOPMENT WORKSHOP WILL BE HELD ON THE TIME, DATE AND

PLACE SHOWN BELOW:

TIME AND DATE: June 25, 1997, 9 a.m. (As a part of the monthly

Governing Board Meeting)

PLACE: Southwest Florida Water Management District, Governing Board

Room, 2379 Broad Street, Brooksville, Florida

TIME AND DATE: July 1, 1997, 9 a.m.

PLACE: Tampa Service Office, 7601 U.S. Highway 301 North, Tampa,

Florida

GOVERNING BOARD MEMBERS MAY BE IN ATTENDANCE.

TIME AND DATE: July 10, 1997, 5:30 p.m. to 8:30 p.m.

PLACE: Gaither High School, 16200 North Dale Mabry Highway, Tampa,

Florida

GOVERNING BOARD MEMBERS MAY BE IN ATTENDANCE.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT

IS: Karen A. Lloyd, Senior Attorney, Office of General Counsel,

2379 Broad Street, Brooksville, Florida 34609-6899, (352) 796-

7211, extension 4651.

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

3 -











40D-8.011 Policy and Purpose.

(1) The purpose of Chapter 40D-8 is to establish minimum flows

and levels at specific locations throughout the District and to

describe guidance levels for lakes and other impoundments.

(2) Where appropriate, minimum flows and levels may reflect

seasonal variations and may include a schedule of variations and

other measures appropriate for the protection of non-consumptive

uses ande- the water resources.

(3) A further purpose of Chapter 40D-8 is to establish -inimum

flood levels and warning levels for surface waters which are

anticipated to occur on a somewhat regular basis, and which shall

serve as a precautionary warning to all persons who would propose

to construct facilities which may be damaged by periodic high water

levels.

(4) Minimum flows and levels prescribed in Chapter 40D-8 are

used as a basis for imposing limitations on withdrawals of water

and certain other activities. These limitations are prescribed in

this and other chapters parts of the rules of the District.

(5) In establishing minimum rates of flow and levels the Board

shall use the best information available.

(6) In establishing minimum rates of flow and levels the Board

shall also consider, and at its discretion may provide for. the

4 -











protection of non-consumptive uses. including navigation.

recreation, and aesthetic and scenic attributes.

(7) Where existing flows or levels are below the established

minimum flow or level, the District shall address achieving the

established flow or level via a recovery strategy over a reasonable

time period considering both regulatory and non-regulatory

mechanisms.

Specific Authority 120.54(1). 373.016, 373.023, 373.042. 373.0421,

373.044, 373.085. 373.086. 373.103. 373,171 FS. Law Implemented

373.026, 373.042, 373.0421, 373.044, 373.085. 373,086, 373,103.

373.171 FS. History New 6-7-78, Amended 1-22-79, Formerly 16J-

8.01. Amended

40D-8.021 Definitions.

The terms set forth herein shall have the meanings ascribed to

them unless the context clearly indicates otherwise, and such

meanings shall apply throughout all District epeee rules. e

facilitate cazicr reference, certain tcrmg defined by applicable

3tatutc have been included verbatim with appropriate citation. The

terms defined in Rule 40D-1.102 40D 0.021 shall also apply

throughout Chapter 40D-8.

(1) "Best surface water management practice" in the design.

construction, operation, and maintenance of structures or devices

5 -











requires a consideration and evaluation of both long-term and

short-term effects of the activity upon the water resources of the

District. Factors to be considered include the following:

a. Conservation and proper utilization of surface water,

b. Prevention of damage from floods, soil erosion, and

excessive drainage.

c. Preservation of natural resources, fish, and wildlife.

d. Storage for aquifer recharge.

e. Navigation, recreation, and aesthetic and scenic

attributes.

(2) "Guidance Levels" Levels, determined by the District

using the best available information and expressed in feet relative

to National Geodetic Vertical Datum, utilized either for advisory

purposes or to aid in the control of operable structures; Guidance

Levels include: Ten Year Flood Warning Level; Pre-modification

Flood Level; Post-modification Flood Level; Pre-modification Low

Level; and Post-modification Low Level.

(3) "Minimum Flow" means the level of flow for a surface

watercourse at which further withdrawals would be significantly

harmful to the water resources or ecology of the area,

(1) "Managrement range" mean-f the difference b Etwon-f th

catabliohcd minimum water -Lvclz and minimum flood 1v01, and

-6-











reprecanta the capability of an impounentnt to receive, carry, or

store water, to preacrve non canumptive uc% C of a surface water

body, and within thiQ range the Di3trict applica and requirca beat

aurf.ace water management practicca.

(4-) "Minimum water _Level" means the level of surface water.

water table, or potentiometric surface at which further withdrawals

would be significantly harmful to the water resources of the area.

Such level shall be expressed as an elevation, in feet relative to

National Geodetic Vertical Datum, above mean cse and may

incorporate a low management level and an extreme low management

level, which together catbliah the lower limit of the management

range, to which a water body hall be allowed to -fluctuate




(5) "Management range" means the difference between the

applicable Low Level and Flood Level pursuant to 40D-8.603, and

within this range the District applies and requires best surface

water management practices.

(6) "Pre-modification" a period prior to when the lake level

fluctuations were altered by anthropogenic activities.

(7) "Post-modification" a period after lake level

fluctuations were altered by a surface water conveyance system..



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(8) "P10" a percentile ranking defined as the elevation of

a water surface that is equaled or exceeded more than 10 percent of

the time as determined from a stage duration analysis.

(9) "P50" a percentile ranking defined as the elevation of

a water surface that is equaled or exceeded more than 50 percent of

the time as determined from a stage duration analysis.

(10) "P90" a percentile ranking defined as the elevation of

a water surface that is equaled or exceeded more than 90 percent of

the time as determined from a stage duration analysis.

(11) "Recovery Flow or Level" A flow or level below the

minimum flow or level that is set as an interim level in areas

where the existing flowI or level is below the minimum flow or

level, as part of the District's recovery strategy.

(12) "Reference Low Value" A value determined from the

median of the differences between the annual P10 value and annual

P90 value for lakes in the same geographic region with similar

hydrogeologic features and stage records for at least 6 years.

(13) "Stage-duration" A plot of water surface elevations of

a water body (e.g., lake. wetland, impoundment) versus the

cumulative frequency of occurrence of those elevations expressed as

the percent of time the water surface fluctuates at or above a

particular elevation.

8 -











,L,,-0'-" .,L -1. \-O v \. O A- & .... b .-7 &.&'- L., b.%...-L,-1 .. Av& -I- w hi ch
( A3) "MinimIum flood lvol" means the highest level to which a

:surf aco water: ody shall be allowed to fluctuate without

intorforonce xcopt aas approve: d by th Deoard for t-he purpose of

conserving the waters in tho State so as to realize their full

bonoficial usc. Such lovl shall bo oexprossod as an olovation, inn

feot above mean sea level.

(4%) "Ton (10) yoar flood warning lovol" mans that lAevation











A- %d %0& %...&4. I=
in feet above soa lvol, which approximate a the level of flooding

oxpocted on a froquoncy of not leos than the ton (10) year

recurring interval, or on a frequency of not greater than a ten

percent (10f ) probability of occurrence in any given year, o

determined from analysis of beat available data.

(a) "D-eat surface water management practice" in the design,

construction, Aopration, and maintenance of atructurco or dcvicE

require s a consideration and evaluation of both long to- and

haort term offects of the activity upon the water rcsourcos of th

District. Factor to be considered include the following.

(a) Consorvation and proper utilization of surface water.

(b) Drovention of damage from floods, soil erosion, and

excessive drainage.

(c) Prescrvation of natural resources, fish, and wildlife e.

(d) Storage for aquifer recharge.

9 -













navigation, recreation, and acath-tics.
.L V 6 %-,.L. I ,L.,,, re e .re.4.. en .. & %. % -,4 -1, '


Specific Authority 120.54(1). 373.016, 373.023, 373.042, 373.0421,

373.044, 373.085. 373.086. 373.103, 373.171 FS. Law Implemented

373.016, 373.042, 373.0421, 373.044, 373.085. 373.086, 373.103.

373.171 FS. History New 6-7-78, Amended 1-22-79, Formerly 16J-

8.02, Amended

40D-8.031 Implementation.

(1) The provisions of Chapter 40D-8 of these rules shall

continue to be implemented as of May 2, 1978, within the

Hillsborough River, Northwest Hillsborough, Green Swamp, Alafia

River, Coastal Rivers, Manasota, Peace River, Withlacoochee River

and Pinellas-Anclote River Basins and shall be implemented

immediately and shall apply within the area annexed into the

District by Chapter 78-65, Laws of Florida.-, and .-hall apply a

followA-

(a) Management lovola of lakoa and other impoundmonta p3

prcocribod heroin hall become effective immediately upon.

1. Installation of a ataff gauge in a prominent location on

the water body,;

--2 Eating of notice to the public pur-uant to Ru0le 0D 0.G1G,



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3 --Publi.cation of notice in a no owspapr having general

circulation within the affected area.

) ..Th.e extreme low management level as adjusted by th. cyclic

v rationn hall become effect ive whe. n similar notice hU s been




(2) No Guidance management L4-evels shall be prescribed for any

reservoir or other artificial structure which is located entirely

within lands owned, leased, or otherwise controlled by the user,

and which require water only for filling, replenishing, and

maintaining of the water level thereof, provided however:

(a) That Chapter 40D-2 rules shall apply to the use of water

for such filling, replenishing, and maintaining of the water level,

and

(b) That the applicable -minimm flood level pursuant to Ruleo

40D n.0 21 and ,,L40. :.G and the Ten Year F-lood Warning L-evel

pursuant to Rules 40D-8.Q6.021 and 40D ."" 13 may be established for

any lake or other impoundment determined by the Board to be in the

public interest.

(3) No Guidance ..managmn..t Levels shall be prescribed for

Lake Manatee in Manatee County, Ward Lake in Manatee County, the

City of Tampa Reservoir on the Hillsborough River in Hillsborough

County, and the Peace River/Manasota Regional Water Supply

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Authority Reservoir Genral Development Utilitic RCasrvoir

.on3tructed in connecti with t he.L. uthw. t Fl rida Water

management Di trict'3 Permit NumbJcr 70001G, 74 172, and 7; 200 in

DeSoto County.

(4) The Governing Board shall establish minimum flows and

levels based on a scientific assessment of key ecological factors

for the desired natural system and the influence of unique factors

that have a permanent effect on the desired natural system. These

unique factors are as follows:

(a) Recreation, navigation, or aesthetic and scenic attributes

supported by the natural system, including use of the water body

for:

1. Powerboats;

2. Boat docks:

3. Canoes. Kayaks and other paddle-propelled boats:

4. Sailboats;

5, Swimming;

6, Diving;

7, Snorkeling;

8. Scuba Diving:

9. Fishing; or

10. Sensory beauty.

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(b) Surface water alterations either natural, permitted under

programs authorized by Part 1 or Part 4 of Ch. 373. F.S. .or exempt

from permitting, where:

1. The alterations were not caused by water withdrawals, and

2. The alterations have permanently changed the hydrology and

ecology of the waterbody. and

3. No other feasible means of offsetting their impact (e.g.

augmentation downstream of a dam) is foreseen, and

4. The impacts of these alterations are scientifically

established to the satisfaction of the Governing Board;

(c) Unavoidable public health, safety and welfare problems

that would be created if the desired natural system is maintained.

(5) In areas where the existing flow or level is below the

established minimum flow or level, existing permits with

withdrawals that impact such flows or levels shall not be

considered to automatically be in violation of the flow or level.

In such areas, the District shall establish Recovery Flows or

Levels which are reasonably attainable interim levels that can be

attained within a specific time period. These Recovery Levels will

be a part of the District's recovery strategy for the area. This

strategy will be contained within the District's Water Management

Plan and the Regional Water Supply Plan for the Water Use Caution

13 -











Area within which the applicable waterbody is located. Permits

affecting the established flows or levels will be adjusted during

the term of the permit or upon permit renewal in accordance with

the recovery strategy to achieve the Recovery Flow or Level.

(6) Unless otherwise provided for in the District's recovery

strategy, where the existing flow or level is below the minimum

flow or level, additional quantities that would contribute to

violation of the flow or level and which are inconsistent with the

District's recovery strategy will not be allowed,

(7) Where the existing flow or level is above the minimum flow

or level, permits shall not be granted that would cause the actual

flow or level to fall below the minimum flow or level on a long-

term average basis.

(8) The Conditions for Issuance of 40D-2,301. 40D-4,301. and

40D-4.302 FA.C.. and all pertaining sections within the Bases of

Review described in 40D-2.091 and 40D-4.091. F.A.C. are required to

be met irrespective of a permitted's demonstration of compliance

with the minimum flows and levels requirements established herein.

Specific Authority 120.54(1). 373.016, 373.023, 373.042. 373.0421.

373.044, 373.085. 373.086. 373.103. 373.171 FS. Law Implemented

120.53, 373.016, 373.023, 373,042. 373.0421. 373.044, 373,086.



14 -











373.103. 373.171 FS. History New 6-7-78, Amended 10-16-78, 1-22-

79, Formerly 16J-8.03, Amended 3-23-81,

40D-8.041 Minimum Rates of Flow -and Lovel.

(1) Minimum Flows For the Lower Hillsborough River including

Sulphur Springs

(a) For the purposes of minimum flows the Lower Hillsborough

River is defined as the river downstream of Fletcher Avenue. The

Lower Hillsborough River includes Sulphur Springs, an artesian

spring that enters the river via a short spring run located 2.2

miles downstream of the reservoir dam, The determination of

minimum flows for the Lower Hillsborough River includes the

establishment of minimum flows for Sulphur Springs. Management

options that involve diverting a portion of the flow from Sulphur

Springs to the base of the dam to provide minimum flows at that

location were evaluated in making the minimum flow determinations.

(b) The Minimum Flow established for the Lower Hillsborough

River accounts for the fact that this system has had extensive

alterations of the type described in 40D-8,031(4)(b). There are.

however, viable ecological communities associated with this

watercourse. The relationships and dependence of these ecological

communities with freshwater flows from the reservoir and Sulphur

Springs were key elements of the District's minimum flow

15 -











evaluation, Ecological factors utilized in determining minimum

flows include;

1, The protection and enhancement of fish populations

associated with the Lower Hillsborough River;

2. Relationships of freshwater flows to potential fish

habitat ;

3. The relationships of other biological parameters (e.g.,

benthic invertebrates, shoreline plant communities) to freshwater

inflows as they affect the overall biological integrity and

productivity of the system.

(c) The minimum flows determination has been based on an

evaluation of salinity and dissolved oxygen distributions in the

Lower Hillsborough River as a function of flow releases from the

reservoir and Sulphur Springs, and the function of Sulphur Springs

for providing warm waters that serve as thermal refugia for the

West Indian Manatees in the lower river during winter months.

(d) The District determined minimum flows for the Hillsborough

River by comparing the quantity and quality of potential habitats

to various releases from the reservoir and Sulphur Springs, and

included diversions of portions of the flow from Sulphur Springs to

the base of the dam to provide minimum flows at that location. The

improvements in environmental characteristics and potential

16 -











biological utilization as a result of increased flows were balanced

with impacts to the water supply yield of the Hillsborough River

Reservoir,

(e) Based on the factors described above, minimum flows for

the Lower Hillsborough River near the base of the dam shall be TO

BE DETERMINED cubic feet per second (cfs) during periods when water

surface elevations at U.S.G.S. Gage No, in the reservoir

are above 19.5 feet NGVD and TO BE DETERMINED cfs when water

surface elevations at U.S.G.S, Gage No, in the reservoir

are below 19.5 feet NGVD, Up to one-half of this minimum flow may

be provided by diversions of water from Sulphur Springs, but a

minimum flow of TO BE DETERMINED cfs from Sulphur Springs at its

point of outflow as of the effective date of this rule must be

maintained during the months of December, January, and February,

A minimum flow of TO BE DETERMINED cfs must be maintained from

Sulphur Springs at its point of outflow as of the effective date of

this rule for the remaining nine months of the year.

(2) Minimum Flows for the Tampa Bypass Canal

(a) The Tampa Bypass Canal was constructed between 1966 to

1982 in the channel of former Six Mile Creek and the Palm River.

The width, depth and volume of the canal are much greater than the

tributaries that were excavated, Structure 160 serves as the

17 -











barrier between the freshwater and tidal portions of the Tampa

Bypass Canal. Flows at Structure 160 provide fresh water to the

estuarine portions of the Tampa Bypass Canal and McKay Bay.

(b) The determination of minimum flows for the Tampa Bypass

Canal accounts for the fact that this system has had extensive

physical alterations of the type described in 40D-8.031(4) (b)

There are, however, viable ecological communities associated with

this watercourse. Minimum flows are based on the relationships and

dependence of these ecological communities with freshwater flows

from the water control structure (Structure 160).

(c) The minimum flows determination has been based on an

evaluation of salinity and dissolved oxygen distributions in the

Tampa Bypass Canal as a function of flow releases from the water

control structure. Criteria utilized in the determination

included-

1. The protection and enhancement of fish populations in this

watercourse ;

2. The relationships of other biological parameters (e.g..

benthic invertebrates, shoreline plant communities) to freshwater

inflows as they affect the overall biological integrity and

productivity of the system.



18 -











(d) The minimum flow is designed to provide some flow to

create some net water movement through the canal to avoid excessive

long residence times in the canal and possible water quality

problems. A minimum flow of TO BE DETERMINED cfs is established

to provide this flow. Structure S-160 can be operated to provide

this flow during periods when there are no inflows to the lower

pool from Structure S-162.

(e) This minimum flow for the Tampa Bypass Canal is

established specific to the physical configuration and operational

constraints on the Tampa Bypass Canal as they occurred on October

1, 1997, If physical modifications to the Canal are pursued at a

future date. the District shall reevaluate minimum flows at

Structure 160.

(1) In 1 F tabliahing minimum' ra.t.es "f -flow and lv .l and

regulatory 10v0e1, the Doard shall uae the bcat information and

method available and will conaidcr the protection of cxizting, &s

well as future-consumptive uaca of water ao a3 to promote the

conacrvation, development and proper utilization of water while

preventing damage from flood, -soil crCaiCn, and cxecoaivo

drainage. When deemed appropriate, a 3chodulo of ratca of flow and

vel %.may be V -- tablia..d t6- reflect oaconal r cyclic

variations. The Doard will al-o cAnoidCr, and at ita discretion

19 -











may provide for, the protection of non conaumptivo uaca, including

navigation, recreation, and the preservation of natural resourcos,

f i"h, and wildlife.

-)-+ Unles otherwiac deeomed appropriate by the Doard, the

.minimum rates of flow at a given point on a tream or other

watercourse hall be catablished by the Deard for each month,

January through Decb er. Min im um ratcs of flow shall be

cstablisced as follows. For coach month, the fi ve-(5) lowest

monthly mean discharge for the preceding tw nty (20) years hall

be averaged. Minimum ratea of flow hall be catabliahed as seventy

percent (70%) of thocs valueC for the four (4) wetteat month and




months. The determination hall be based on available data, or in

the absence of such data, it shall be catablishod by reasonable

calculations approved by the Doard.

(3) Unlcos othorwisc deemed appropriate by the Deard, the

minimum lovol of the water table at a given point shall be

catablishod by the Doard and shall be three feet (3' ) below the

average of the five () -lowcat Elevla in each calendar year

(provided no two- (2) %-ovls hall be taken from th am calen %.dar

month) for the preceding ten (10) yoars. The deterAination shall

be based on available data, or in the abacnce of uch data, it-

20 -
-J.. L &a L L -. % 4- V ,, % .- t r .. .L a R L. -&,.,L A %. & &-I %A %.,. L %0& v %A.LJ, & L W, I











.hall be catablish.d by r-a0onable calculations approved by the




(4) UnlocA othorwieas demod appropriate by the- Doard, a

regulatory tlv'l for a confined aquifer at a given point shall be

catablish4d generally to limit the rate of movement of water from

the watr table at th bound of th land ownd,lasd,
,,, -r -L %./,,I. V %.,,1_ .L YL %. V%.4a & %..A- --'-- .I.LL v- V-0.L --0 &d %.
othcrwisr c controlled by an applicant for a conoumptive usc permit

or at the boundary of an equivalent area baaed on the configuration




oprMation of the woll or wollI.

-c(a) Such regulatory levcl hall be determined by taking the

minimum level of the water table plu three feet (3 ), or such

other adjuatmnt as deemed appropriate by the DBoard, and

%ubtracting the head difference required to pass the water crop

from the water t.bl to the confined aluif er uch had diff ernce







Contrary, ia 0 0 220 gallons per day per L qar f oot.

(b) The elevation of the potontiomotric surface at auch point

shall be moasurod cumulatively throughout the production year.. st

no time shall the cumulative weekly average oelvation be lower than

the regulatory lvol and at no time shall the weekly average

21 -











clevationa of the potontiomctric aurfaco of the Floridan Aquifer br

more than fi f ooit(5') tlow the rgl-atory l ovl.
-. .- ",, .- t -. I \ ",;,,, .. 3-q- A-l -;- -I- 1- -l

Specific Authority 120.54(1). 373.042. 373.0421, 373.085, 373.086.

373.044, 373.103. 373.133 373.149, 373.171 FS. Law Implemented

373.042, 373.0421, 373.085, 373.086, 373.334 373.171 FS. History -

Readopted 10-5-74, Amended 12-31-74, Formerly 16J-0.15, 40D-1.601,

Amended 10-1-84,

40D-8,091 Publications Incorporated By Reference

The determination of Guidance Flood Levels, Low Levels and

Minimum Lake Levels set forth in 40D-8.603(1), (2) and (3) are more

particularly described in the Lake Level Methodology Manual, dated

1997 which is hereby incorporated into this chapter.

This document is available from the District upon request.

Specific Authority 120.54(1), 373.016, 373.023. 373.042, 373.0421.

373.044, 373,085, 373.086, 373.103, 373.113, 373.149. 373.171 FS.

Law Implemented 120.53. 120.54, 373.016. 373.023. 373.026,

373.0395, 373.042, 373,0421, 373.044, 373.085, 373.086. 373.103,

373.171 FS. History New

40D-8.603 Management Guidance Levels for Lakes. Wetlands, and

Other Impoundments.






22 -











(1) In establishing minimumJ water levels, minimum flood level

and other management levels for lakos and other impoundments, the

Board shall usc the best information available.

(2) Data from technical publications, topographic maps,

Logical urvy Water Data R eport and othe r studica and r e cord

may be considered. Information may also be obtained from aerial
NI. W LL. Lj .&L WL V L L LUA -L. W6 W.L.L ff-LLL%.4 -L. b. h.0&&. A. f %.w &A --* I%.A. J.


mapping, hydrographa, bottom contour mapping, atage duration

curvo, -wator quality rkcord0, s-tratif ied b each -d poits,

precipitation data and other sourcos.














(1) Flood Levels

(a) The Ten (10) Year Flood Warning Level is provided as an

advisory guideline for lake shore development. The Ten (10) Year

Flood Warning Level, incorporates the level of flooding expected

on a frequency of not less than the ten (10) year recurring

interval, or on a frequency of not greater than a ten percent (10)






23 -











(b) The Pre-modification Flood Level for lakes is the highest

level to which a lake is expected to fluctuate on an average annual

basis. On lakes with control structures or ditches, it may no

longer be desirable and/or possible to achieve the Pre-modification

Flood Level without modification of the outfall feature. The Pre-

modification Flood Level shall be established from analysis of one

or a combination of the following data, and the Pre-modification

Flood Level finally determined is a reconciliation of all the

elevations based on the following data:

1. An elevation equaled or exceeded 10% of the time as

determined from the Pre-modification stage duration curve;

2. Elevations determined by biological indicators which may

include the following if present:

i, The average elevation of the soil at the base of the lowest

lakeward extent of the palmetto (Serenoa repens) fringe;




lowest lakeward extent of the mature wax myrtle (Myrica cerifera)

fringe;

iii, The average elevation of the soil at the base of the

highest landward extent of the cypress (Taxodium sp.) fringe;

iv. The average elevation of the soil at the base of the

lowest lakeward extent of longleaf pine (Pinus palustrus) fringe;

24 -











v. The average elevation of the soil at the base of the lowest

lakeward extent of the live oak (Ouercus virainiana) fringe (trees

with diameter at breast height greater than or equal to 24 inches);

vi. The average elevation of the lowest extent of lichen

growth.

3. Elevations determined by physical indicators which may

include one or a combination, of the following, if present:

i.The average elevation of the toe of the highest landward

scarp line;

ii. Interpretation of historic aerial photography;

iii. Stratified beach deposits:

4. Elevations indicated by the elevation of anthropogenic

features.

(c) The Post-modification Flood Level, for lakes with

hydrology modified by surface water conveyance systems or natural

occurrences (e.g. sinkholes) is the highest level to which a lake

is expected to fluctuate on an average annual basis. The Post-

modification Flood Level for lakes with an operable structure is a

peaking elevation and not one which is maintained. The Post-

modification Flood Level shall be determined from analysis of one

or a combination of the following data. and the Post-modification



25 -











Flood Level finally determined is a reconciliation of all the

elevations determined based on the following data.

1. An elevation equaled or exceeded 10% of the time as

determined from Post-modification stage duration curves;

2. The elevation of the lowest invert for the non-operable

surface water conveyance system.

3, The elevation of other anthropogenic features.

(d) If hydrolocic modifications exist due to surface water

conveyance system modifications, or natural occurrences (e.g.,

sinkholes), then the Governing Board may pursuant to 40D-8.031(4)

establish the Post-modification Flood Level as the Flood Level

using the methodology in subparagraph (1) (c) above.

(2) Low Levels

(a) Pre-modification Low Level is the expected annual low

level of a lake. This Level shall be established from analysis of

one or a combination of the following data. The Pre-modification

Low Level finally determined is a reconciliation of all the

elevations based on the following data:

1. An elevation equaled or exceeded 90% of the time as

determined from the Pre-modification stage duration curve,

2, Biological indicators may include the average elevation of



26 -











the soil at the base of the lowest lakeward extent of cypress

(Taxodium sp.) fringe,

3. In the absence of biological indicators and stage duration

data. the Pre-modification Low Level is equal to the Pre-

modification Flood Level minus the Reference Low Value.

4. Site specific hydrologic data can be used to determine

site specific Reference Low Value for lakes without data that are

connected and share the same level pool as an adjacent lake with

data. In this case. a site specific Reference Low Value will be

calculated using the hydrologic data for the adjacent lake and used

in the same manner as described 40D-8,603(2)(a)3. above.

(b) The Post-modification Low Level, for lakes with hydrology

modified by anthropogenic activities excluding withdrawals or

natural occurrences (e.g. sinkholes) is the expected annual low

level of a lake which has been influenced by such activities and

which no longer fully exhibits pre-modification fluctuations. The

Post-modification Low Level may be used as a guide to operate a

lake control structure, for those lakes with control structures.

1, The Post-modification Low Level finally determined is a

reconciliation of all the elevations based on the following data:

a. An elevation equaled or exceeded 50% of the time as

determined from the Post-modification stage duration curve.

27 -











b. An elevation equal to the Post-modification Flood Level

minus the Reference Low Value,

c. Site specific hydrologic data can be used to determine a

site specific Reference Low Value for lakes without data that are

connected and share the same level pool as an adjacent lake with

data. In this case, a site specific Reference Low Value will be

calculated using the hydrologic data for the adjacent lake and used

in the same manner as described 40D-8.603(2)(b)2. above.

2. If hydrologic modifications exist due to surface water

conveyance system modifications, or natural occurrences (e.g.,

sinkholes), then the Governing Board may pursuant to 40D-8.031(4)

establish the Post-modification Low Level as the Low Level using

the methodology in subparagraph 40D-6.03(2)(b) above.

(3) Posted Notice

(a) Staff gauges will be installed in prominent locations on

each lake, wetland, or other impoundment for which Guidance Levels

have been established. A notice shall be posted in the immediate

proximity of the staff gauge indicating that levels have been

established.

(b) The notice shall indicate the elevations of the Flood

Level and the established Minimum Level.

(4) Renaming of Levels

28 -











(a) Levels previously established as Minimum Flood Levels

shall now be known as Flood Levels.,

(b) Levels previously established as Minimum Low Levels shall

now be known as Low Levels.

Specific Authority 120.54(1). 373.016, 373.023, 373.042. 373,0421,

373.044, 373.085, 373.086. 373.103. 373.171 FS. Law Implemented

373.016, 373.042, 373.0421, 373.044. 373.085. 373.086, 373.103.

373.171 FS. History New 6-7-78, Formerly 16J-8.672. Paragraphs

(2) (h) and (i) Formerly 16J-8.6721. Paragraph(4) Formerly 16J-

8.673, Amended

40D-8.605 Cyclic Variations for Minimum Water Level.

--- For lakes and other impoundments with a District-owned

control structure the elevation of the minimum water levels

established for a lake or other impoundment shall be lowered below

the applicable low management level periodically to allow

fluctuation necessary for the preservation of natural resources,

fish and wildlife, and for the protection of non-consumptive uses.

The lowered lovcl ig designated the cxtrzem low management level.

(2) The low management lovol shall be the applicable minimum

water level for 3such lake or other impoundment until four ()

conoecutive yoar3 have paced during which the actual water level

has failed to recede to the extreme low management level, in which

29 -











vevnt the extreme low management l-vl Ahall become the applicable






levol. Whenvor tho actual water lvol roceds to or bo l-ow the

oxtromo low management lovol, the applicable minimum water lovl
for the lake or other impoundment shall i immediately be raid onc





again to the low management level and the cyclic variations hall

continue.

Specific Authority 120.54(1) 373.016, 373.023, 373.042. 373.0421.

373.044, 373.085, 373.086. 373.103 373.171 FS. Law Implemented

373.016, 373.042, 373.0421. 373.044, 373.085. 373.086. 373.103.

373.171 FS. History New 6-7-78, Formerly 16J-8.671, Amended




40D-8.611 Minimum Flood Levels

(1) -The minimum flood level indicates th. minimum level. to

which high water may be expected to riac on a somewhat regular

basia and will not nccocsarily corrospond to any particular flood

frequency.. Flood waters may often riac above the minimum flood




(2) Docks, soa walls, acptic tanks, drain fields, floor slsba,

and other physical improvements, on land near lakos and other

impoundments for which management lovolo have ben- catablishod,
.I dL.L. L J6L V4L- 30 -L aP % L %.
a'- 6




%. A %7











hould be 3o located and conatructcd that their function will notr-

be impaired by rising water.

(3) No structure, improvement, or device shall bo conatructod

or operated in auch a manner aa to diminish the capability of a

lake or other impoundment to fluctuate through the full management

range catabliahod for auch impoundment.




District Rulca and Regulations doca not reliovo owner of the

roaponaibility of complying with other regulations and ordinance

required by local governing bodice, c.g., aa in connection with the

National Flood Inauranc& Program.

Specific Authority 373.016, 373.023, 373.044, 373.103 FS. Law

Implemented 373.016, 373.042, 373.044 FS. History New 6-7-78,

Formerly 16J-8.672. Repealed

40D-8.613 Ten (10) Year Flood Warning Levels.

(1) Flood warning lUvcla arc provided for a surface water body

aa an advisory statement for the public intcrcat. Property owncra,

public officials and the general public arc adviacd that flooding

on a frequency of not les than a ten (10) year recurring interval

i3 expected to occur at the indicated elevation. Flood watera may

often riac above the flood warning lcvcl.



31 -











(2) Floor slaba, acptic tanks and drain fields, docks, seca

wall and other physical improvements, on land near lakca and other
Aimpoundmnts for which flood warning l ls havU b&n oL L. Itablishd,




Should b4 ao located and con truct d uffici ntly above the flood

warning lovol such that their function will not be impaired by the

rising water.

Specific Authority 373.016, 373.023, 373.044, 373.103 FS. Law

Implemented 373.016, 373.042, 373.044 FS. History New 1-22-79,

Formerly 16J-8.6721. Repealed

40D-8.616 Posted Notice.

(1) O-taff gauge will be installed in prominent location on

each lake- or other impoundment for which a management range has

ben 4catablishAd. A notice shall be poatd in the immediate

proximity of the staff gauge indicating that management lovols have

been catabli h d.

(2) The notice shall indicate the clevationa of the minimum

flood level and the applicable minimum water lovel.
lb ea..e .t es. %A.418r -3 4- ,"s %







Specific Authority 373.016, 373.023, 373.044, 373.103 FS. Law

Implemented 373.016, 373.042, 373.044 FS. History New 6-7-78,

Formerly 16J-8.673. Repealed

40D-8.624 SchedulN of Levels for Lakes. Wetlands. and Other

Impoundments.

32 -











(1) Establishment of the Minimum Lake Level

For lakes which have low water levels adopted after October 1,

1997, the Minimum Level shall be established by the Governing Board

pursuant to 40D-8.031(4), and 40D-8.603, F.A.C.

(2) Establishment of Minimum Wetland Levels

(a) The minimum level for isolated, cypress dominated wetlands

shall be that level which is 1.9 feet below a reference elevation

referred to as the normal pool elevation.

(b) The normal pool elevation shall be determined based on a

reconciliation of biological indicators of sustained inundation

such as:

1. The lower limit of epiphytic mosses and liverworts

intolerant of sustained inundation;

2. The upper limit of the root crown on Lyonia lucida growing

on tree tussocks;

3. The upper limit of adventitious roots on Hypericum

fasiculatum and other species which exhibit this morphologic

response to sustained inundation;

4. Other indicators which can be demonstrated to represent a

similar period of sustained inundation.

1(3)4.4- Levels for lakes, wetlands and other impoundments are

hereby established as follows:

33 -







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Specific Authority 120.54(1). 373.042, 373.0421, 373.044, 373.085.

373.086, 373.103, 373.113, 373.171 FS. Law Implemented 373.016,

373.042, 373.0421. 373.085. 373.086. 373.103. 373.171 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,

40D-8.626 Minimum Aquifer Levels in Northern Hillsborough.

Pasco, and Pinellas Counties

(1) The minimum aquifer level shall be the elevation expressed

in feet relative to N.G.V.D. which represents the limit at which

further withdrawals would be significantly harmful to the water

resources. This level shall be expressed as a long-term average

and shall be used when evaluating water use permit applications on

a long-term average basis.

(2) Determination of the Minimum Aquifer Level

Within the Northern Tampa Bay WRAP area. the Minimum Aquifer Level

for the Upper Floridan Aquifer system (UFAS) shall be calculated

54 -











based on the relationship between water levels in the Upper

Floridan aquifer and water levels in the surficial aquifer system

(SAS) and surface features, i.e. lakes or wetlands. Minimum

Aquifer Levels in the Upper Floridan aquifer shall be calculated

adjacent to lakes or wetlands where minimum levels have also been

set per 40D-8,624(1) and 40D-8.624(2). The Minimum Aquifer level

shall be established at the location of nested well pairs (wells in

both the surficial and Upper Floridan aquifers) with sufficient

period of record.

(a) Using the best available hydrogeologic data the leakance

between the surficial aquifer and the Upper Floridan aquifer shall

be estimated for the area of the lake or wetland and nested wells.

Best available data with respect to the leakance value can include

aquifer performance test results or calibrated ground-water flow

model leakance parameter values, and head difference values from

nested SAS and UFAS well pairs.

(b) For each location chosen for establishment of a Minimum

Aquifer Level, the drawdown in the UFAS is determined based on the

allowable drawdown in the SAS as determined in 40D-8.624(1) and

40D-8.624(2) for that area. The ratio of SAS to UFAS drawdown is

determined by ground-water flow modeling for the specific leakance

determined in paragraph (2) (a) above.

55 -











(c) The Minimum Aquifer Level in the UFAS is calculated using

one of the following:

1. If there is sufficient data to estimate the pre-withdrawal

UFAS water level:

(a) The long term average pre-withdrawal UFAS water level is

estimated using the best available data.

(b) The drawdown for the UFAS calculated in paragraph 2(c) is

subtracted from the pre-withdrawal water level giving the Minimum

Aquifer Level.

2. If there is insufficient data to estimate the pre-

withdrawal UFAS water level:

(a) The normal pool level for the surficial feature (lake or

wetland) is determined from the appropriate vegetation line per

40D-8.624(1) or (2).

(b) The offset from the normal pool level as determined in

40D-8.624(1) or (2) is subtracted from the normal pool resulting in

the Minimum level for the surficial feature.

(c) The current long term average water level in the surficial

feature is estimated from the best available water level data.

(d) The distance that the current level is below the minimum

level is calculated based on the difference between the minimum




56 -











level and the current average level. This is the recovery in the

surficial feature needed to attain the minimum level.

(e) The current long-term average UFAS water level is

determined from water level hydrograph data.

(f) The recovery needed in the UFAS is estimated using the

relationship between the surficial and Floridan water levels

determined in paragraph (b) above.

(q) The Minimum Aquifer level in the UFAS is determined by

adding the recovery needed in the UFAS to the current average level

in the UFAS,

(3) Recovery Levels

Where the existing aquifer level is below the Minimum Level.

as part of the District's recovery strategy Recovery Levels will be

set forth which are the levels that the District believes can be

reasonably attained within a specified time period, The Recovery

Levels are based on the reasonably-expected development and

implementation of alternative sources of water supply as well as

resource-enhancement initiatives such as wellfield rehydration.

The Recovery Levels specified below are expected to be attained by

October 1. 2007,

(4) Minimum Aquifer Levels shall be established as follows:



57 -













Latitude Longitude Well Name SAS/UFAS Minimum Recovery

Ratio Level Level

(NGVD) (NGVD)

280708 820748 T-1 0.4 84.59 TBD

280510 820438 T-2 0.4 94.92 TBD

280849 820537 T-3 0.4 89.56 TBD

282149 822815 A-1 0.7 66.3 TBD

282221 822419 CB3E 0.6 69.2 TBD

281719 822246 TMR1 0.9 65.9 TBD

281745 822342 TMR3 0.5 64 TBD

281204 822240 MW500 0.5 51.6 TBD

281019 822114 2-1000 0.7 59.8 TBD

280652 822042 MB1 0.4 31.8 TBD

280628 822007 MB6 0.4 25.6 TBD

280656 821751 MB13 0.4 29.2 TBD

280703 823027 HILLSB 13 0.4 44.2 TBD

280834 823435 CALM33 A 0.1 27 TBD

280653 823415 JAMES11 0.4 34.2 TBD

280608 823529 COSME3 0.2 26.1 TBD

281021 823956 EWO05 0.6 22.7 TBD

280905 823905 EW11 0.4 23.3 TBD

281018 823808 EW142 0.8 29 TBD

281102 822924 MATTS 0.8 62.5 TBD

281036 823056 SP42 0.2 49.5 TBD

281006 823852 1A EAST 0.4 42.4 TBD

280922 823955 1A WEST 0.8 30.9 TBD

281907 823344 NPMW-2 0.9 46.4 TBD








58 -











Specific Authority 120.54(1), 373,042, 373,0421, 373.044, 373.085,

373.086, 373.103, 373.113, 373.171 FS, Law Implemented 120.54(1),

373.016, 373,023. 373.0395, 373,042. 373,0421, 373.085, 373.086,

373,103. 373,171 FS, History New

The following document is incorporated in the District's rules at

40D-8.091:

Lake Level Methodology Manual

I. Definitions and Standard Procedures Used throughout this

Document

The procedures, conventions and definitions described in this

section apply to the analyses of all levels described in this

document.

1. Pre-modification period a period prior to when the lake level

fluctuations were altered by the construction of a surface water

conveyance system.

2. Post-modification refers to the period following the

construction of surface water conveyance systems (excluding water

withdrawals) that had/have the potential to alter the lake level

fluctuations from their historic (pre-development) regimes.

3. P10 a percentile ranking defined as the elevation of the water

surface of a lake that is equaled or exceeded (greater than)10

percent of the time as determined from a stage duration analysis.

59 -











4. P50 a percentile ranking defined as the elevation of the water

surface of a lake that is equaled or exceeded (greater than) 50

percent of the time as determined from a stage duration analysis.

5. P90 a percentile ranking defined as the elevation of the water

surface of a lake that is equaled or exceeded (greater than) 90

percent of the time as determined from a stage duration analysis.

6. Reference Lake Water Regimel., (RLWRM1) used to establish a

range of lake level fluctuations between the Minimum Flood Level

and the Low Management Level for lakes without stage duration data.

The RLWRIm is determined from the median of the differences

between the annual P10 and annual P90 values for reference lakes in

the same geographic region with similar hydrogeologic features as

the subject lakes. The reference lakes must have Pre-modification

periods of record for at least 6 years.

7. Stage Duration Curve a Stage Duration Curve is developed by

plotting lake level elevations against the cumulative frequency of

occurrence of those elevations for uniform increments of time

(monthly readings). The stage duration curve shows the percent of

time the water surface is at a particular elevation.

8, Pre-modification Stage Duration Curve a stage duration curve

for which the period of record data must not be impacted by



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anthropogenic activities including alteration of surface drainage

and water withdrawals.

9. Post-modification Stage Duration Curve A stage duration curve

for which the period of record data begins after the construction

of anthropogenic alterations, excluding water withdrawals.

10. Establishment of Biological Indicator Elevations Locations

for measuring biological indicators shall be chosen based on the

presence of the plant species. Optimal locations will have intct

cypress wetlands around the lake. fringed by palmettos. In these

areas, A NUMBER TO BE DETERMINED of individual plants will be

measured. At least one transect shall be measured in each intact

natural area fringing the lake. Elevations of all biological

indicators shall be established using accepted survey practices.

When more than one of each type biological indicator occurs on each

lake. the average elevation for each type of biological indicator

shall be calculated,

In the absence of intact fringing wetlands, elevations shall be

measured for any available biological indicators. Activities which

may have impacted elevations, such as. filling, soil subsidence.

land clearing etc. shall be considered during evaluation and

analysis of the data.



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11. Levels Expressed in Feet, NGVD All levels shall be expressed

in feet relative to National Geodetic Vertical Datum.

II. Ten (10) Year Flood Warning Level

The Ten (10) Year Flood Warning Level incorporates the level of

flooding expected on a frequency of not less than the ten (10) year

recurring interval, or on a frequency of not greater than a ten

percent (10%) probability of occurrence in any given year.

The Ten (10) Year Flood Warning Level elevation shall be

established using accepted modeling practices. Input variables to

the models may include, but not be limited to. the following

variables: rainfall, runoff, storage, soils and other factors

affecting the response of the lake elevation to a ten year storm

event,

III. Minimum Flood Level

A. Determination of Historic Minimum Flood Level

The Historic Minimum Flood Level shall be established from analysis

of, but not limited to, one or a combination of the following

methods ;

1. Analysis of Stage Duration Curves

The Historic Minimum Flood Level is equal to the elevation of the

Pre-modification Stage Duration Curve which occurs at the 10th

percentile.

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2. Analysis of Elevations of Biological Indicators

The biological indicators and their relative elevations may

include, but not be limited to, the following:

a. The average elevation of the soil at the base of the lowest

lakeward extent of the palmetto (Serenoa repens) fringe

b. The average elevation of the soil at the base of the lowest

lakeward extent of the mature wax myrtle (Myrica cerifera) fringe

c. The average elevation of the soil at the base of the highest

landward extent of the cypress (Taxodium sp.) fringe

d. The average elevation of the soil at the base of the lowest

lakeward extent of longleaf pine (Pinus palustrus) fringe

e. The average elevation of the soil at the base of the lowest

lakeward extent of the live oak (Ouercus virainiana) fringe (trees

with DBH greater than or equal to 24")

f. The average elevation of the lowest extent of lichen growth

Measurement of lowest lakeward extent of upland plant species shall

be made at the lakeward edge of the lowest rooted part of the plant

(e.g. the lowest rooted portion of the palmetto. live oak. wax

myrtle or longleaf pine). Measurement of the highest landward

extent of the wetland plant species shall be made at the highest

rooted extent of the plant (e.g. the landward side of the cypress

tree) .

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The priority order for reconciling the elevations of biological

indicators is palmetto and cypress, followed by pine and/or live

oak then lichens. If both palmetto and cypress occur on the lake.

then the Historic Minimum Flood Level is equal to the average of

the elevations of the palmetto and cypress.

3. Analysis of Physical Indicators

Physical indicators may include, but not be limited to. one or a

combination, of the following:

a. The average elevation of the toe of the highest landward scarp

line.

b. Interpretation of historic aerial photography

c. Stratified beach deposits

4. Analysis of Other Features

Other features may include, but not be limited to. the lowest

overage lakeward elevation of cultivated crops. These measurements

shall be made at the waterward edge of the plants. Several

measurements should be made along the entire shoreline on which the

crop occurs.

The Historic Minimum Flood Level finally recommended is a

reconciliation of all the elevations determined by the above

analyses.

B, Determination of Post-modification Minimum Flood Level

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The Post-modification Minimum Flood Level shall be established from

analysis of, but not limited to, one or a combination of, the

following methods:

1. Analysis of Stage Duration Curves

The Post-modification Minimum Flood Level is equal to the elevation

of the Post-modification Stage Duration Curve which occurs at the

"10th percentile,

2, Analysis of Outfall Elevations

Elevations of outfalls will be measured using accepted survey

practices. In the case of open ditches or canals, bottom

elevations shall be measured and the highest point of the solid

ground in the ditch or canal shall be the controlling elevation for

the feature. For culverts or pipes. the invert (lowest point) of

the pipe or culvert shall be measured and this will be the

controlling point for this feature, For weirs, the elevation of

the top of the weir shall be measured and this shall be the

controlling elevation for this feature.

For lakes with more than one outfall, the elevation of the lowest

outfall shall be the controlling elevation of the lake and shall be

considered the Post-modification Minimum Flood Level.

3, Analysis of Other Features



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Other features may include, but not be limited to, the lowest

average lakeward elevation of cultivated crops.

The lowest average lakeward elevation of cultivated crops shall be

determined using accepted survey practices. The lowest lakeward

elevation shall be measured at the waterward edge of the crop.

Several measurements should be made along the entire shoreline on

which the crop occurs.

The Post-modification Minimum Flood Level finally recommended is a

reconciliation of all the elevations determined by the above

analyses.

The Post-modification and Historic Minimum Flood Levels will be

determined and presented to the Governing Board. along with any

other supporting information gathered during the process of

establishing lake levels. This information may include elevations

of low floor slabs. docks, septic tanks, and other cultural




III, Low Management Level

A, Determination of Historic Low Management Level

The Historic Low Management Level shall be established from

analysis of. but not limited to. one or a combination of the

following methods:

1. Analysis of Stage Duration Curves

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The Historic Low Management Level is equal to the elevation of the

Pre-modification Stage Duration Curve which occurs at the 90th

percentile.

2. Analysis of Biological Indicators

Biological indicators of the Historic Low Management Level may

include, but not be limited to. the average elevation of the soil

at the base of the lowest lakeward extent of cypress (Taxodium sp.)

fringe. The elevation of the lowest lakeward extent of cypress

tress shall be measured on the landward side of the tree using

accepted survey practices, When more than one cypress tree is

found along the lake. the average elevation of the measured trees

shall be used to determine the Historic Low Management Level.

3. Application of the Reference Lake Water Regime

In the absence of biological indicators or stage duration data for

the subject lake, the Historic Low Management Level may be

calculated from the Historic Minimum Flood Level using the

Reference Lake Water Regime (RLWRim ). The RLWR is determined from

the median of the differences between the annual P10 and P90 values

for reference lakes in the same geographic region with similar

hydrologic features.

To determine the annual P10 and P90 values for the reference lakes.

annual stage duration curves are prepared. The Stage Duration

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Curves must have a minimum Period of record of six years and must

not be impacted by pumping.

The Historic Low Management Level finally recommended is a

reconciliation of the elevations determined by the above

procedures.

B, Determination of Post-modification Low Management Level

The Post-modification Low Management Level shall be established

from analysis of. but not limited to, one or a combination of the

following methods:

1. Analysis of Stage Duration Curves

The Post-modification Low Management Level is equal to the

elevation of the Post-modification Stage Duration Curve which

occurs at the 90th percentile.

2. Application of the Reference Lake Water Regime

In the absence of biological indicators or stage duration data for

the subject lake. the Post-modification Low Management Level may be

calculated from the Post-modification Minimum Flood Level using the

Reference Lake Water Regime (RLWRim) The RLWR is determined from

the median of the differences between the annual P10 and P90 values

for reference lakes in the same geographic region with similar

hydrologic features.




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To determine the annual P10 and P90 values for the reference lakes,

annual stage duration curves are prepared. The Stage Duration

Curves must have a minimum Period of record of six years and must

not be impacted by pumping,

The Southwest Florida Water Management District does not

discriminate on the basis of any individual's disability status.

Anyone requiring reasonable accommodation as provided for in the

American's With Disabilities Act should contact Dianne Lee at

(352)796-7211 or 1-800-423-1476, extension 4658; TDD only number 1-

800-231-6103; FAX number (352)754-6878/SUNCOM 663-6878.

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