Title: Water Resources Law of 1957
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00052672/00001
 Material Information
Title: Water Resources Law of 1957
Alternate Title: Memorandum re Water Resources Law of 1957 "Average Minimum Flow" and the implications for SWFWMD Rule Section 40D-1.601(2)
Physical Description: 1p.
Language: English
Publication Date: September 18, 1980
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 5, Folder 12 ( SF MINIMUM FLOWS AND LEVELS, Volumes 1 and 2 ), Item 19
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052672
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

September 18, 1980




RE: Water Resources Law of 1957 "Average Minimum Flow"

Former 373, F.S., provided that DNR could authorize the capture,
storage and use nf water of any watercourse only in excess of
"average minimum flow" at the point of capture.

When required for such authorization, the law required that the
Division of interior resources determine and estcblish the
average minimum flow for each month, January through. December,
for the given watercours- at a given 0oint thereon. The average
minimum flow as used in Lhe law "shall he the average of the five
lowest monthly mean discharge for each moith, January through
December, occurring during the past twenty years of natural flow.

This Law applied in Manatee County in the 1960's. The SWFWMD
Rules were not in effect, therefore, the average minimum flow
established for the Manat-e River "at a given point" near the then
proposed dam would have been higher than Section 40D-1.601(2)
criteria would provide. It is important that this be realized
in any evaluation of the applicable minimum flow.

I understand that Bob Perry is going to c&alulate a Minimum Rate
of Flow for the Manatee River at the Manatee Reservoir using USGS
data from a former stream gaging station (which is now- under the
reservoir) which has records for the period of "natural flow"
between 1945 and 1965.

Please ask Bob to calculate first using the statutory definition
of average minimum flow recited above. Also, that rhe "given
point" be at the station.

The multipliers (USGS 1.4 and MCUS 1.6) should be ccplied to
average minimum flows thus established.

If SWFWMD Rule Section 40D-1.601(2) is used at all it should only
be for informational purposes.

JEC: lc
cc: D. R. Feaster
3. T. Ahern
L. M. Blain /
G. W. Kuhl

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