Title: Changes in minimum level lake and aquifer methodologies
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 Material Information
Title: Changes in minimum level lake and aquifer methodologies
Alternate Title: SWFWMD. Letter from SWFWMD to Interested Persons re Changes in minimum level lake and aquifer methodologies, and recovery strategy
Physical Description: 9p.
Language: English
Publication Date: December 12, 1997
 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 22
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052675
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.

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S Soutnwest Florida

Water Management District
2379 Broad Street Brooksville, Florida 34609-6899 1-800-423-1476 (Florida Only)
S or (352) 796-7211 SUNCOM 628-4150 T.D.D. Number Only (Florida Only): 1-800-231-6103
Internet address: http://www.dep.state.fl.us/swfwmd
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, Florida 34453-3809
An Equal O ;rru:r E 1rc' 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
SUNCOM 578-2070 SUNCOM 572-6200 SUNCOM 526-6900

Roy G. Harrell, Jr. December 12, 1997
Chairman, St. Petersburg
Joe L. Davis, Jr.
Vice Chairman, Wauchula Mailing Categories: 91 Notice All Rulemaking
e Curis L. Law 205 Minimum Flows and Levels, Interested Persons
Secretary, Land O' Lakes
Sally Thompson 208 Minimum Flows and Levels, Development Committees
Treasurer, Tampa
James L. Allen
Bushnell Subject: Changes to Minimum Level Lake and Aquifer Methodologies, and
Ramon F. Campo Recovery Strategy
Brandon
Rebecca M. Eger
Sarasota Dear Interested Persons:
John P. Harllee, IV
Bradenton
Ronald C. Johnson On September 9, 1997, the Governing Board established Minimum Flows and Levels for
Lake Wales
Jam E. Martin certain lakes, wetlands and aquifer sites within the Northern Tampa Bay area. As part of
st. Petersburg the proposed rules the Board also approved the scientific methodology used to establish
Brenda Menendez the Minimum Flows and Levels. At the September meeting, the Board asked staff to
continue to review the technical and scientific information to ensure that the
E. D."Sonny" Vergara methodologies fully integrate the 1997 minimum flows and levels legislation regarding
Executive Director
Edward B. Helvenston how flows and levels are to be established.
General Counsel
As a result of that continued work, staff suggests that changes be made to the lake and
aquifer methodologies approved on September 9, 1997. The enclosed draft of 40D-8
reflects those changes.

The 1997 legislation also calls for a recovery strategy where the actual flows and levels
are below the established minimum flows and levels. The Governing Board had
previously deferred taking action on Chapter 40D-80, F.A.C., Recovery and Prevention
Strategies which sets forth the regulatory portion of a recovery strategy for Northern
Tampa Bay. Staff suggests that that be taken up again and a new draft is enclosed.

If the Governing Board agrees at its December 17, 1997, meeting to move forward with
the suggested changes, then the schedule for approval of the changes is expected to
be as follows. Comments on the enclosed drafts of Chapters 40D-8 and 40D-80, F.A.C.,
must be submitted to me by December 26, 1997. Revisions will be made based on
those comments and presented at a staff workshop to be held on January 9, 1998. You
will be notified of the place and time of that workshop. Appropriate changes based on
the workshop comments will be made and a new draft will be mailed on approximately
January 19, 1998, and presented to the Governing Board for approval at its January
1998, Governing Board meeting.

Sincerely



Karen A. Lloyd
Excellence Senior Attorney
Through Office of General Counsel
Quality
Service KAL:cga
Ser tvic Enclosures C:\WPWIN60\DATA\RULES\06596\L-PUBLIC.KAL
Jr printed on
b) recycled paper










1 RULES OF THE
2 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
3 CHAPTER 40D-80
4 RECOVERY AND PREVENTION STRATEGIES
5 FOR MINIMUM FLOWS AND LEVELS
6
7 40D-80.011 Policy and Purpose

8 40D-80.073 Regulatory Portion of Recovery Strategy For Pasco. Hillsborough and

9 Pinellas Counties

10 40D-80.011 Policy and Purpose

11 This chapter sets forth the regulatory portions of the recovery or prevention

12 strategies to achieve or protect, as applicable, the Minimum Flows and Levels established

13 for rivers, lakes, wetlands and aquifers in Chapter 40D-8. F.A.C. as required by Section

14 373.0421(2), Florida Statutes (1997). The complete recovery strategy for a given area will

15 be set forth in the District Water Management Plan. In areas where existing flows or levels

16 are below the applicable Minimum Flow or Level, the District is expeditiously implementing

17 a recovery strategy for those waters with the intent to achieve recovery to the established

18 Minimum Flow or Level as soon as practicable. This Chapter comprises a portion of that

19 strategy.

20 Specific Authority 120.54. 373.0421. 373.044. 373.113. 373.113. 373.171 FS. Law

21 Implemented 120.54. 373.016. 373.023. 373.0395. 373.042. 373.0421. 373.171 FS.

22 History New

23 40D-80.073 Regulatory Portion of Recovery Strategy For Pasco. Hillsborouah

24 and Pinellas Counties

25 (1) Background

DECEMBER 12, 1997 BOARD DRAFT 80-1










1 Chapter 96-339. Laws of Florida, requires the District to establish Minimum

2 Flows and Levels for priority waters within Pasco. Hillsborough and Pinellas Counties (the

3 Northern Tampa Bay Area or Area) by October 1, 1997. Those Minimum Flows and

4 Levels are contained within Chapter 40D-8. F.A.C. In establishing those Flows and Levels.

5 the District has determined that the existing water levels in many of the priority waters are

6 below the Minimum Levels. This section sets forth the regulatory portion of the first phase

7 of the Recovery Strategy for the Area.

8 (2) Recovery Strategy Elements

9 (a The West Coast Regional Water Supply Authority (WCRWSA).

10 Pinellas County. Pasco County. Hillsborouah County, the City of Tampa. and the City of

11 St. Petersburq, the last five listed referred to as "Local Governments," water supply

12 facilities account for the majority of water withdrawals within the Area. For this reason,

13 these facilities are the primary focus of the portion of the recovery strategy encompassed

14 by this Chapter. Other user's water withdrawals result in relatively minimal water resource

15 impacts, however all water users are addressed by this Chapter.

16 (b The District has been engaged in discussions with the WCRWSA and

17 the Local Governments on the District's proposed Partnership Plan. The Partnership Plan

18 would make available to the WCRWSA from the District millions of dollars to be used to

19 develop alternative

20 sources of water supply. Independently, the WCRWSA Master Plan. December. 1995.

21 provides for the development of 85 million gallons per day (mgd) annual average daily

22 quantity of additional water supply sources and partially offsets additional water supply

DECEMBER 12, 1997 BOARD DRAFT 80-2










1 needs for growth by increased conservation and demand management.

2 .(c This recovery strategy is in keeping with the District's efforts to resolve

3 the water supply and water resource impact concerns of the Northern Tampa Bay area in

4 a cooperative manner with the water suppliers and interested parties. The portion of the

5 District's recovery strategy embodied within this Chapter is the first phase of a long-term

6 approach toward eventual attainment of the Minimum Flows and Levels established in

7 Chapter 40D-8. F.A.C.

8 () The portion of the Recovery Strategy set forth in Rule 40D-80.073(2).

9 F.A.C.. anticipates successful implementation of the Partnership Plan and WCRWSA

10 Master Plan but is independent of and not contingent upon their implementation.

11 (e Central System Facilities

12 The Central System Facilities are those facilities listed below owned

13 and operated individually or jointly by the WCRWSA and the Local Governments:

14 1. Cosme-Odessa Wellfield

15 2. Eldridge-Wilde Wellfield

16 3. Section 21 Wellfield

17 4. South Pasco Wellfield

18 5. Cypress Creek Wellfield

19 6. Cross Bar Ranch Wellfield

20 7. Starkey Wellfield

21 8. Morris Bridge Wellfield

22 9. Northwest Hillsborough Regional Wellfield

DECEMBER 12, 1997 BOARD DRAFT 80-3










1 10. Cypress Bridge Wellfield

2 11. North Pasco Wellfield

3 (fl Quantities Withdrawn from the Central System Facilities

4 The total annual average daily quantity available to be withdrawn from

5 the Central System facilities (the "Recovery Quantities"), as further limited by the specific

6 terms and conditions of any and all applicable water use permits, is as follows:

7 1. December 31. 2002-December 31. 2007: No more than 121

8 m

9 2. December 31. 2008-December 31. 2010: No more than 90

10 mad:

11 3. After 2010: Quantity will be determined based upon an

12 evaluation of the water resources recovery accomplished and the additional sources that

13 can be developed to offset further pumpage reductions, as necessary. The Recovery

14 Quantities shall not be exceeded regardless of whether actual water levels are at or above

15 the Minimum Levels.

16 (g) Recovery Management

17 1. The Central System facilities shall be operated in a coordinated

18 manner to optimize the water resources benefits of reduced water withdrawals as new

19 sources are made available to offset water production from the Central System facilities.

20 To achieve this. by July 1. 1998. the WCRWSA and the Local Governments shall submit

21 to the District for approval a wellfield operations plan for the Central System facilities which

22 shall result in an efficient and effective method to minimize wellfield effects on surficial

DECEMBER 12, 1997 BOARD DRAFT 80-4










1 aquifer system drawdown across the region. The plan must include:

2 i. consideration of the severity of the long term impacts

3 associated with each facility:

4 ii consideration of water resource response to changing

5 production quantities of each facility:

6 iii. consideration of seasonal and annual drought conditions

7 within the area of the Central System facilities: and

8 iv. consideration of any other factors deemed critical to

9 water supply and Minimum Level recovery by the WCRWSA and the Local Governments.

10 2. Where the actual level is below an established minimum Level.

11 the actual level shall be recovered to the Minimum Level, subject to Rule 40D-80.073(2)(f).

12 Recovery to a Minimum Aquifer Level shall be accomplished through reductions in wellfield

13 withdrawals. Recovery to a Minimum Lake or Wetland Level may be accomplished

14 through reductions in wellfield withdrawals, redistribution of withdrawal facilities, retrofitting

15 of withdrawal facilities, rehydration or augmentation of the affected lake or wetland, or

16 other management strategies approved by the District.

17 (h) Periodic Review of Recovery Strategy

18 1. The District shall review the recovery strategy periodically to

19 assess the progress of strategy elements and to determine whether changes to the

20 strategy, including the Central System quantities and time-periods stated above, are

21 warranted. The District will evaluate the water resource recovery attained in light of the

22 reductions in quantities withdrawn achieved based on an evaluation of whether wetland

DECEMBER 12, 1997 BOARD DRAFT 80-5










1 and lake stage-duration data indicate that wetland and lake water levels are improving.

2 2. These reviews shall be based upon reports generated by the

3 WCRWSA and the Local Governments describing the status of all additional sources either

4 developed or in development to offset water withdrawals from Central System facilities as

5 well as any other water supply and water resource information available to the District.

6 3. Status reports shall be submitted by the WCRWSA and the

7 Local Governments to the District by October 1 of each year beginning in 1998. The

8 reports shall include:

9 i A description of additional sources developed by the

10 report date:

11 ii Estimates of timing for completion of additional sources

12 and the quantities associated with each source:

13 iii. A description of environmental balancing activities

14 accomplished as of the report date; and

15 iv. A discussion of planned environmental balancing

16 activities to be accomplished within the next 5 years based upon anticipated additional

17 source development.

18 (ji Implementation

19 The quantity reductions resulting from that portion of the recovery strategy

20 set forth in Rule 40D-80.073(2), F.A.C.. shall be implemented through modification of the

21 WCRWSA's and the Local Governments' Central System water use permits. Permit

22 modification activities shall commence July 1. 1998. However, nothing in this Chapter shall

DECEMBER 12, 1997 BOARD DRAFT 80-6










1 be construed to limit the Governing Board's capability of modifying any permit in

2 conformance with 40D-2.331. F.A.C.

3 ij} Hillsborough River Recovery Flow

4 The Recovery Flow for the Lower Hillsborough River at the base of the City

5 of Tampa's dam shall be 10 cfs through the year 2010 when the surface water elevation

6 at the USGE gage 02304500 is at or above 20.0 feet NGVD and 0 cfs when the surface

7 water elevation is below 20.0 feet NGVD. By July 1, 1998. the City of Tampa shall submit

8 to the District a plan for measuring flow in the Lower Hillsborough River. The City of

9 Tampa shall implement the flow measuring system following approval of the plan by the

10 District.

11 k. Recovery Strategy Elements Relating To Other Existing Water Use

12 Permittees

13 Existing permittees whose water withdrawals impact Minimum Levels or

14 Flows will be evaluated upon permit renewal to evaluate the potential for development of

15 additional water supplies and the implementation of conservation and other efficiency

16 measures to determine the permitted's practical ability to implement measures to reduce

17 its impacts on the flow or level during the proposed permit term. For purposes of this

18 Chapter, in areas where the existing level is below the Minimum Level, water withdrawal

19 impact is deemed to be a calculated drawdown of greater than 0.0 feet upon a Minimum

20 Level. The items that shall be considered in determining the permitted's responsibility to

21 implement measures to reduce impacts include:

22 1. The proportionate amount of impact that the permitted's water

DECEMBER 12, 1997 BOARD DRAFT 80-7










1 withdrawals have on the Minimum Level:

2 2. The cost to the permitted to implement the measures;

3 3. The time that it will take the permitted to fully implement the

4 measures:

5 4. Any unavoidable public health, safety or welfare emergency that

6 would be caused by implementation of the measures:

7 5. Whether the water resources benefits gained from

8 implementation of the permitted's measures to attain the Minimum Flow or Level outweigh

9 water resources impacts that may result from the measures: and

10 6. Alternative actions or programs in lieu of or in combination with

11 the measures set forth above that will contribute to the attainment of the Minimum Flow or

12 Level and will optimize the net positive effect on the impacted water resources.

13 (1) New Applications for Water Withdrawals

14 Applications for new quantities of water will not be approved if the proposed

15 withdrawal of water, cumulatively with other permitted withdrawals of water, would cause

16 the water level of a water body to be below an established Minimum Flow or Level.

17 Applications for new uses of water in areas where the actual level or flow is below the

18 Minimum Flow or Level must compete under Section 373.233 F.S. for a quantity of water

19 that would otherwise be authorized by the District under the recovery strategy.

20 Specific Authority 120.54. 373.0421. 373.044. 373.113. 373.113. 373.171 FS. Law

21 Implemented 120.54. 373.016. 373.023. 373.0395. 373.042. 373.0421. 373.171 FS.

22 History New

DECEMBER 12, 1997 BOARD DRAFT 80-8





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