Title: Recovery Strategy
CITATION PAGE IMAGE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00052674/00001
 Material Information
Title: Recovery Strategy
Alternate Title: Chapter 40D-80, Recovery Strategy. Draft
Physical Description: 4p.
Language: English
Publication Date: February 22, 1999
 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 21
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052674
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



SCHA PTER 40D -80, R EC O V ERY STRA TEG Y
DRAFT February 22, 1999 (3:00PM)

40D-80.073 Regulatory Portion of Recovery Strategy for Pasco, Northern Hillsborough, and
4 Pinellas Counties.

(4) Hillsborough River Strategy
(a) Beginning January 1, 2000, the Minimum Flow for the Lower Hillsborough River
shall be at the rate of flow of 10 cubic feet per second (cfs). The City shall
provide measurement of the delivery of water to the base of the dam. The
Minimum Flow shall be measured at the Rowlett Park Drive bridge gauging
station.
1. Through December 31, 2007, the City shall be required to provide the 10
cfs Minimum Flow from the reservoir or other sources when the surface
water elevation is above 22.5 ft. NGVD at USGS Gauge 02304500. The
City shall provide this flow from sources other than the City's Reservoir
when the surface water elevation is below 22.5 ft. NGVD at USGS Gauge
02304500 and it is feasible to provide the flow without compromising the
public health, safety and welfare of the City. Once the City has
determined that flow from another source or sources is feasible pursuant
to 40D-80.073(4)(b), F.A.C., below and the evaluation of the sources)
pursuant to 40D-80.073(4)(c), F.A.C., is complete, such flow shall be
supplied when necessary to maintain the Minimum Flow.
2. Beginning January 1, 2008 through December 31, 2009, the City shall
meet the Minimum Flow unless flow is not feasible from the other
sources) as set forth in 40D-80.073(4)(b), F.A.C., below. If these other
sources) are not feasible, the City, will request sufficient quantity of water
from Tampa Bay Water to meet the Minimum Flow. If Tampa Bay Water
is unable to provide sufficient additional water supply needed to meet the
required Minimum Flow, and if the provision of water for Minimum Flow
from the City's drinking water supply would compromise the public health,
safety, and welfare the City shall not be required to meet the Minimum
Flow until Tampa Bay Water can supply sufficient replacement water or
January 1, 2010, whichever occurs first.

Page 1 of 2








3. Beginning January 1, 2010, the City shall meet the Minimum Flow.
(b) By December 31, 2003, the City, with District consideration of financial
participation, shall complete a study of the economic and technical feasibility of
meeting the Minimum Flow for the Lower Hillsborough River from sources other
than the City's Reservoir, including but not limited to Blue Sink, Curiosity Creek
watershed, and the Howard F. Curren Advanced Wastewater Treatment Plant.
The City shall submit to the District a written report each December 31 through
December 31, 2003, on the sources investigated, the results of the investigation,
and the City's determination as to the feasibility of each of the sources.
(c) The City's implementation of the use of any source other than the City's
Reservoir or Sulphur Springs is subject to a coordinated evaluation with the
District to determine that its quality is at least equivalent to the water being used
from Sulphur Springs. After the study specified in 40D-80.073(4)(d),
F.A.C.,below, is completed, the District shall use the findings of that study to
evaluate the alternate sources, including Sulphur Springs, for providing the
required Minimum Flow.
(d) On or before October 1, 1999, the District and the City shall commence a work
plan and the subsequent study of the biological communities below the dam,
taking into account loss of historical hydrologic functions, water quality, water
quantity, and existing changes and structural alterations, to reevaluate the
Minimum Flow requirement to maintain the existing biological communities in the
Lower Hillsborough River. The study will provide recommendations to enhance
or improve the biologic communities below the dam in the Lower Hillsborough
River. The study shall be completed by December 31, 2005, unless an
extension of time is mutually agreed to by the District and the City. If the study
demonstrates the need for revisions to the Minimum Flow for the Lower
Hillsborough River established in paragraph 40D-8.041(2), F.A.C. the District
shall initiate rulemaking to adopt the revised Minimum Flow resulting from this
study and the study results on the Minimum Flow requirement shall be binding
on the City and the District in any rulemaking proceeding on the revised
Minimum Flow.

kal\myfiles\6596.mfl\rules\2kaltampa40d80

Page 2 of 2









CHAPTER 40D-8, MINIMUM FLOWS AND LEVELS
DRAFT February 22, 1999 (2:30PM)

40D-8.041 Minimum Flows
(2) Minimum Flows for the Lower Hillsborough River
(a) For the purposes of Minimum Flows, the Lower Hillsborough River is defined as
the river downstream of Fletcher Avenue. A tributary of the Lower Hillsborough
River is Sulphur Springs, an artesian spring which enters the River via a short
spring run at a point 2.2 miles downstream of the City's dam.
(b} Effective January 1, 2000, the Minimum Flow for the Lower Hillsborough River
shall be at the rate of flow of ten (10) cubic feet per second (cfs) at the base of
the dam as measured at the Rowlett Park Drive bridge gauging station. Through
December 31, 2007, the City shall be required to supply this Minimum Flow from
the reservoir or other sources when the surface water elevation is above 22.5
NGVD at USGS Gauge 02304500. Because the storage of water within the
Reservoir is critical to the public health, safety, and welfare of those dependent on
the City potable water supply, this flow requirement may be met by diverting flow
from sources other than the City's Reservoir. The City shall provide this flow from
sources other than the City's Reservoir, when the surface water elevation is below
22.5 ft. NGVD at USGS Gauge 02304500 and it is feasible to provide the flow
without compromising public health, safety or welfare. This Minimum Flow has
been determined based on the loss of historical hydrologic functions, the existing
changes and structural alterations in and along the river and its water shed
pursuant to subparagraph 373.0421(1), F.S.. and the dependence of viable
ecological communities downstream of the dam on flows from the Hillsborough
River and Sulphur Springs. Following completion of the District and City study
described in Rule 40D-80.73(4)(d). F.A.C., the Minimum Flow shall be re-
established, as necessary, based on the results of the study.

(c) Pursuant to the district priority schedule for establishment of minimum flows and
levels required by Section 373.042, F.S., the District will establish Minimum Flow
for Sulphur Springs by December 31, 2001.

D: WyFiles\KALC\596.MFL\RULES\kaltampa40d8

Page 1 of 1















HILLSBOROUGH RIVER
MINIMUM FLOW DRAFT RULE
FEBRUARY 22, 1999,
AS APPROVED BY THE GOVERNING BOARD
ON FEBRUARY 23, 1999, FOR PUBLICATION.


THERE WILL BE A CONTINUATION OF THE
PUBLIC HEARING TO THE
MARCH 1999 GOVERNING BOARD MEETING
FOR THE BOARD TO RECEIVE
FURTHER PUBLIC COMMENT.





University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs