Title: Index to Minimum Flows and Levels Rule Revisions Materials
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Title: Index to Minimum Flows and Levels Rule Revisions Materials
Alternate Title: SWFWMD. Index to Minimum Flows and Levels Rule Revisions Materials. Draft
Physical Description: 56p.
Language: English
Publication Date: July 22, 1997
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
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General Note: Box 5, Folder 12 ( SF MINIMUM FLOWS AND LEVELS, Volumes 1 and 2 ), Item 26
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Full Text










INDEX TO
MINIMUM FLOWS AND LEVELS
RULE REVISIONS MATERIALS


1. Chapter 40D-2
a. Proposed 40D-2, July Board Draft
b. Water Use Permitting Basis of Review Changes

2. Chapter 40D-4
a. Proposed 40D-4, July Board Draft
b. ERP Basis of Review Changes

3. Chapter 40D-8
a. Summary of Proposed 40D-8, July Board Draft
b. Proposed 40D-8, July Board Draft
c. Summary of Major Public Comments on 40D-8

4. Chapter 40D-80
a. Summary of Proposed 40D-80, July Board Draft
b. Proposed 40D-80, July Board Draft
c. Summary of Major Public Comments on 40D-80












E printed on
S recycled paper








Chapter 40D-2 and Water Use Permitting Basis of Review
Changes Necessary to Implement Minimum Flows and Levels

RULES OF THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
CHAPTER 40D-2 CONSUMPTIVE USE OF WATER

40D-2.091 Publications Incorporated by Reference
40D-2.301 Conditions for Issuance of Permits

40D-2.091 Publications Incorporated by Reference
The "Basis of Review for Water Use Permit Applications" ______r Apr 1-4994, 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 373.044, 373.113 FS. Law Implemented 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) Is necessary to fulfill a certain reasonable demand;
(b) Will not cause quantity or quality changes which adversely impact the water
resources, including both surface and ground waters;
(c) Will not cause adverse environmental impacts to wetlands, lakes, streams,
estuaries, fish and wildlife, or other natural resources;
(d) Will comply with the provisions of 4.3 of the Basis of Review described in 40D-
2.091 not cause, water ,. levels or rates of flow to de viate fro m the ranes set forth in Crhapter AnD8;
(e) Will utilize the lowest water quality the Applicant has the ability to use;
(f) Will not significantly induce saline water intrusion;
(g) Will not cause pollution of the aquifer;
(h) Will not adversely impact offsite land uses existing at the time of the application;
(i) Will not adversely impact an existing legal withdrawal;
(j) Will utilize local water resources to the greatest extent practicable;
(k) Will incorporate water conservation measures;
(I) Will incorporate reuse measures to the greatest extent practicable;
(m) Will not cause water to go to waste; and
(n) Will not otherwise be harmful to the water resources within the District.
(2) (3) No change.

Specific Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 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,



DRAFT 2-1









Water Use Permitting Basis Of Review Changes
Necessary to Implement Minimum Flows and Levels



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 40D-
8.031(5)(d) and the District's applicable Regional Water Supply Plan, including any recovery
strategies contained within the Plan. Where the water level of a water body with an
established Minimum Flow or Level is below the Minimum Flow or Level, Section 40D-
8.011(6) shall apply to renewal permits and Section 40D-8.031(5) shall apply to new
applications.


Water ;withdrawals must not c cause :

1. Lake levels to be reduced below the applicable minimum water level
established in Chapter 40D 8, F.A.C.

"2. %V.--Streamflow to be reduced below the minimum regulator; low Ievel as
established in Chapter 40D 8, F.A.C.

3. -Potentiometric surface or water- table levels to be reduced below minimum
regulatory level established in Chapter 40D8, F.A.C.

















B4-1










Chapter 40D-4 and Environmental Resource Permitting Basis of
Review Changes Necessary to Implement Minimum Flows and Levels


40D-4.091 Publications and Agreements Incorporated by
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, ______- Ap17-, 1997." This
document is available from the District upon request.
(2) (3) No change.

Specific Authority 120.54(8), 373.044, 373.046, 373.113, 373.171, 373.414 FS. Laws
Implemented 120.54(8), 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, 4-17-97,

BASIS OF REVIEW AMENDMENTS

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 the hydroperiod of a wetland or other
surface water, so as to adversely affect wetland functions or other surface water
functions as follows:
(a) Whenever portions of a system, such as constructed basins, structures,
stormwater ponds, canals, and ditches, could have the effect of reducing the
depth, duration or frequency of inundation or saturation in a wetland or other
surface water, the applicant must perform an analysis of the drawdown in
water levels or diversion of water flows resulting from such activities and
provide reasonable assurance that these drawdowns or diversions will not
adversely impact the functions that wetlands and other surface waters
provide to fish and wildlife and listed species.
(b) Increasing the depth, duration, or frequency of inundation through changing
the rate or method of discharge of water to wetlands or other surface waters
or by impounding water in wetlands or other surface waters must also be
addressed to prevent adverse effects to functions that wetlands and other
surface waters provide to fish and wildlife and listed species. Different types
of wetlands respond differently to increased depth, duration, or frequency of
inundation. Therefore, the applicant must provide reasonable assurance that
activities that have the potential to increase discharge or water levels will not
adversely affect the functioning of the specific wetland or other surface water
subject to the increased discharge or water level.

DRAFT B 4- 1










(c) Whenever portions of a system could have the effect of altering water levels
in wetlands or other surface waters, applicants shall be required to monitor
the wetland or other surface waters to demonstrate that such alteration has
not resulted in adverse impacts, or to calibrate the system to prevent adverse
impacts. Monitoring parameters, methods, schedules, and reporting
requirements shall be specified in permit conditions.
(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.

4.6 Overdrainage and water conservation Where practicable, systems shall be
designed to:
1. maintain water tables at the highest practicable level; the depth to which the
water table can be lowered will be determined based on the potential
adverse impact on recharge, the effect on water resources (quality and
quantity), and the necessity for fill and its impact on existing natural upland
vegetation; and
2. preserve site environmental values; and
3. not waste freshwater through overdrainage; and
4. not lower water tables which would adversely affect existing legal uses; and
5. preserve site groundwater recharge characteristics; and
6. retain water on-site for use and re-use for irrigation and other reasonable
beneficial uses.

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 or the level of ground water below a minimum flow or level that has
been established pursuant to Section 373.042, F.S.


















DRAFT B 4 2










July 22, 1997

Summary of Proposed Rule 40D-8, July Board Draft

The following is a summary of the main points of the proposed rule. Changes or
additions from the previous draft labeled "I" are highlighted in bold type.

1. A statement is added that where water levels and flows are below the
established Minimum Flows and Levels, the Minimum Flows and Levels
have no regulatory effect unless and until the District approves a recovery
strategy. (40D-8.011(6), p.1, lines 37-41; p. 2, lines 1-2)

2. A provision is added that the District will annually evaluate the status of
each water body for which a Minimum Flow or Level is established to
determine whether water levels are above or below the Minimum Flow or
Level in order to determine if water is available to be permitted. (40D-
8.011(7), p.2, lines 3-5)

3. A definition of "Long-term", "Normal Pool", and "Water Resources" have
been added. (40D-8.021(2), (6) and (8), p. 2, lines 24-27; p. 3, lines 2-4; p. 3,
lines 9-10) These terms are important terms used in the establishment and
implementation of Minimum Flows and Levels.

4. Many of the definitions relating to the lake level methodology have been
deleted from 40D-8.021 and appear now in the Lake Level Methodology
Manual incorporated by reference in 40D-8.091. The Lake Level
Methodology Manual can be found at pages 8-21 through 8-36 of 40D-8.

5. Guidance Levels for lakes are defined as advisory levels for the District, the
public and local governments. The types of Guidance Levels adopted prior
to the current revisions to the lake level methodology are described, as
well as those that will be adopted when the Board adopts the Minimum
Lake Levels for the nine priority lakes that are due by October 1, 1997.
(40D-8.021, p. 2, lines 15-23)

6. The basis for establishment of Minimum Flows and Levels in 40D-8.031(4)
was originally drafted before the 1997 legislative changes were made. This
section has been revised to track the direction given by the 1997
legislation. Similarly, the U-Factors have been revised to be consistent
with the 1997 legislation. The 1997 legislation was consistent with the
District's ongoing approach to establishing Minimum Flows and Levels,
i.e., base the Levels and Flows on science and consider social and
economic issues during implementation, so that only semantic changes

1










have been necessary no change in policy or procedures is needed. (40D-
8.031(4), p. 4, lines 23-44)

7. 40D-8.031(5) makes it clear that where levels are below Minimum Flows and
Levels existing permits are not automatically in violation; that the effect of the
Minimum Flows and Levels on existing permits will be addressed in the recovery
strategy; and that new permits will be issued only if provided for in the recovery
strategy. 40D-8.031(5), p. 4, lines 45-48; p. 5, lines 1-10)

8. Where the existing level is above the Minimum Flow or Level, permits will not be
granted that would cause the Minimum Flow or Level to be violated. (40D-
8.031(6), p. 5, lines 11-13)

9. The rule provides that all water above a Minimum Flow or Level is not
necessarily available for allocation to consumptive use permits and that in
addition to Minimum Flows and Levels requirements in Chapter 8 and 80, all
other permitting criteria of Chapter 2 or Chapter 4 must be met to receive a water
use or environmental resource permit. (40D-8.031(7), p. 5, lines 14-20)

10. The provisions relating to the Minimum Flow for the Hillsborough River
have been significantly condensed and a Minimum Flow of 10 cubic feet
per second is proposed for the Lower Hillsborough River at the foot of the
City of Tampa's dam. (40D-8.041(1), p. 5, lines 27-42)

11. The provisions relating to the Minimum Flow for the Tampa Bypass Canal
have been significantly condensed and A Minimum Flow of 0 cubic feet per
second is established at Structure 160 in the Tampa Bypass Canal (Palm
River) which will be reevaluated if and when modifications are made to the
Canal. (40D-8.041(2), p. 5, lines 43-46)

12. The proposed Minimum Flow for Sulphur Springs has been deleted. It is
intended that Sulphur Springs will be added to the list of priority waters to
be addressed by 1999. (40D-8.041(1), p. 5, lines 39-42)

13. Notwithstanding 40D-8.011(6) (described in No. 1 above) the Minimum
Flows at the City of Tampa's dam and for Structure 160 are effective upon
adoption of the rule. (40D-8.041(3), p. 6, lines 10,11)

14. The Lake Level Methodology Manual is incorporated by reference and made a
part of the District's rules in 40D-091. ( p. 6, lines 16-21)

15. The method for determining Guidance Levels adopted on or after August
27, 1997 are described in 40D-8.603. (p. 6, lines 27-44; p. 7, lines 1-42)


2










16. The rule renames the advisory lake levels (now Guidance Levels) that have been
previously adopted. The Ten Year Flood Warning does not change but the
Minimum Flood is now the Flood Level, the Low Management Level is now the
Low Level and the Extreme Low Management Level is now the Extreme Low
Level. (40D-8.603(5), p. 7, lines 25-42)

17. Rules 40D-8.605(2), 40D-8.611, and 40D-8.613 are repealed as now obsolete in
light of the manner in which Guidance Levels and Minimum Levels are to be
determined and given effect. (p. 8, lines 10-43, p. 9, lines 3-12)

18. Rule 40D-8.616 appears to be repealed but has only been moved to be a part of
40D-8.603 in an effort to better organize Chapter 8. (40D-8.616, p 9, lines 16-
22)

19. The terminology used in the current rule refers to "surface water
management practices" when referring to the District's practices in
operating lake control structures. This now could be confused with
environmental resource permitting concepts and requirements that
developed after the District originally adopted its lake practices
terminology in 1978. To avoid further confusion "best surface water
management practices" has been changed to "best lake control
management practices" and the definition of "best lake control
management practices has been repealed from 40D-8.021 and moved to
this rule 40D-8.621. (40D-8.621, p. 9, lines 38-42; p. 10, lines 1-6)

20. Minimum Wetland Levels are set forth in the table at 40D-8.624(3). If the
wetland has been determined to be below the Minimum Level an asterisk
(*) follows its Minimum Level elevation. The methodology for establishing
Minimum Wetland Levels is set forth in 40D-8.624(1) and (2) and the element of
timelduration has been added. How wetland sites are selected has also
been added. [The environmental and surveying field work is still being done as
of the date of this summary. It is hoped that some of the wetland levels can be
provided at the July Governing Board.] (40D-8.624(1)-(3), p 10, lines 17-46, p.
11, lines 1-7)

21. Minimum Lake Levels are set forth in the table at 40D-8.624(6). If the lake has
been determined to be below the Minimum Level an asterisk (*) now
follows its Minimum Level elevation. The methodology for establishing
Minimum Lake Levels is set forth in 40D-8.624(4) which now refers to the
Lake Level Methodology Manual for the specific details of the methodology
rather than putting the extensive details here. An element of timelduration
has been added to the methodology. How lakes are selected for which
levels will be set has also been added. (40D-8.624(4)-(6), p 11, lines 8-42)


3










22. Minimum Aquifer Levels are set forth in the table at 40D-8.626(8).
Approximately 30 sites have been added. If the aquifer site has been
determined to be below the Minimum Level an asterisk (*) now follows its
Minimum Level elevation. The methodology for establishing Minimum
Aquifer Levels is set forth in 40D-8.626(1)-(6) and the element of
timelduration has been added. How aquifer sites are selected has also
been added. The methodology has been fleshed out to be easier to follow.
(40D-8.626(1)-(7), p 16, lines 11-45; p. 17, all; p. 18, all; p. 19, all; p. 20, lines 1-
10)

23. The Lake Level Methodology Manual has been rewritten to be more
complete and easier to follow. The Manual contains the following
information:
a. Chapter One is an introductory chapter and includes a history and
description of the lake level program and definitions
b. Chapters Two Five contain the methodology for calculating the
Guidance Levels and the Minimum Levels
c. Chapter Six describes the additional information supplied to the
Governing Board in establishing lake levels.
(pp. 8-21-8-36)


























4










1 RULES OF THE
2 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
3 CHAPTER 40D-8
4 WATER LEVELS AND RATES OF FLOW

5 40D-8.011 Policy and Purpose
6 40D-8.021 Definitions
7 40D-8.031 Implementation
8 40D-8.041 Minimum Rates of Flow and Levels
9 40D-8.603 Managemenat-Levels for Lakes and Other Impoundments
10 40D-8.605 Cyclic Variations for Guidance Minimum Water Levels
-D 811 4 MiniIlmum Flood Levels
12 nOD 8.613 Ten (1) Year Flood Warning Level
13 40D 8.616 Posted Notice
14 40D-8.621 Operating Levels for Lakes and Other Imsopoundments with
15 i Structures
16 40D-8.624 Sched'ule-of Guidance Levels for Lakes and Wetlands, an-d-Other
17 Impounmenmts
18 40D-8.626 Minimum Aquifer Levels in Northern Hillsborough, Pasco, and Pinellas
19 Counties

20 40D-8.011 Policy and Purpose.
21 (1) The purpose of Chapter 40D-8 is to establish minimum flows and levels at
22 specific locations throughout the District and to describe Guidance Levels for lakes.
23 (2) Where appropriate, minimum flows and levels may reflect seasonal variations
24 and may include a schedule of variations and other measures appropriate for the
25 protection of non-consumptive uses andef the water resources.
26 (3) A further purpose of Chapter 40D-8 is to establish-minimum-flood levels and
27 warning levels for surface waters which are anticipated to occur on a somewhat regular
28 basis, and which shall serve as a precautionary warning to all persons who would propose
29 to construct facilities which may be damaged by periodic high water levels.
3 o (4) Minimum Flows and Levels prescribed in Chapter 40D-8 are used as a basis
31 for imposing limitations on withdrawals of water and the design and construction of surface
32 water management systems. certain other activities. These limitations are prescribed in this
33 and other chapters parts of the rules of the District.
34 ( Where existing flows or levels are below the established Minimum Flow or
35 Level, the District shall address achieving the established Flow or Level via a recovery
36 strategy in accordance with Sections 373.0361 and 373.0421, F.S.
37 ( Where the water level in a water body is below the Minimum Flow or Level,
38 the Minimum Flow or Level shall not have any regulatory effect with respect to existing
39 permits or renewal permit applications under Chapter 40D-2, F.A.C. unless and until the
40 District has adopted a recovery strategy, pursuant to Section 373.0421(2), F.S. This
41 recovery strategy will address the effect the established Minimum Flows or Levels shall



JULY BOARD DRAFT 8-1









1 have on 40D-2, F.A.C. permits issued prior to the effective date of the applicable Minimum
2 Flow or Level.
3 (7I Annually the District shall review the status of the water levels for those water
4 bodies for which Minimum Flows or Levels have been established and where appropriate
5 change the status reflected in the tables set forth in 40D-8.624 and 40D-8.626.

6 Specific Authority 373.016, 373.023, 373.044, 373.103 FS. Law Implemented 373.026,
7 373.042, 373.044, 373.086 FS. History New 6-7-78, Amended 1-22-79, Formerly 16J-
8 8.01, Amended

9 40D-8.021 Definitions.
10 The terms set forth herein shall have the meanings ascribed to them unless the
11 context clearly indicates otherwise, and such meanings shall apply throughout all District
12 these rules. To facile e r refe n terms defined by apple s te hve
13 been included verbatim with appropriate citation. The terms defined in Rule 40D-1.102
14 40D-0.024 shall also apply throughout Chapter 40D-8.
15 (1) "Guidance Levels" Levels, determined by the District using the best
16 available information and expressed in feet relative to National Geodetic Vertical Datum,
17 used as advisory information, including for the District, lake shore residents and local
18 governments or to aid in the control of adjustable structures. Lakes for which levels were
19 adopted after August, 27, 1997, Guidance Levels include: Ten Year Flood Warning Level;
20 Pre-modification Annual High Level; Post-modification Annual High Level; Pre-modification
21 Annual Low Level; and Post-modification Annual Low Level. For lakes for which levels
22 were adopted before August 27, 1997, Guidance Levels are the Ten Year Flood Warning
23 Level, the Flood Level, the Low Level, and, if adopted for the lake, the Extreme Low Level.
24 (2) "Long-term" An evaluation period used in withdrawal impact assessment
25 that represents a period of sufficient length such that the analysis is insensitive to unstable
26 fluctuations of the variables utilized in the evaluation, e.g., changes in withdrawal rates,
27 hydrologic conditions.
28 (3) "Minimum Flow" means the level of flow for a surface watercourse at which
29 further withdrawals would be significantly harmful to the water resources or ecology of the
30 area.
31 (1)-"Management range" means tho difference between the established
32 minimum water levels and minimum flood levels, and represents the capability of an
33 impoundment to receive, carri or stor li e water, to prese rI e non consumptive uses of a
34 surface water body, and within this range the District applies and requires best surface
35 water management practices.
36 (42) "Minimum water Lievel" means the level of surface water, water table, or
37 potentiometric surface at which further withdrawals would be significantly harmful to the
3 8 water resources of the area. Such level shall be expressed as an elevation, in feet relative
39 to National Geodetic Vertical Datum.above mean sea and may incorporate a low
40 management level and an extreme low management level, which together establish the

42 naturally.
43 (5j "Management range" means for those lakes with levels adopted on or after
44 August 27, 1997 the difference between the applicable Low Level and Flood Level
45 pursuant to 40D-8.603. For lakes with levels adopted prior to Auqust 27, 1997,
46 management range means the difference between the Low Level, or Extreme Low Level,

JULY BOARD DRAFT 8-2









1 if adopted for the lake, and the Flood Level.
2 (6 "Normal Pool"- A reference elevation based on the indicators listed in 40D-
3 8.624(1)(b) representing the water level in a wetland which occurs repeatedly and for
4 sufficient duration to cause anerobic conditions.
5 (7) "Recovery Flow or Level" a flow or level below the Minimum Flow or Level
6 that is used as an interim level in areas where the existing flow or level is below the
7 Minimum Flow or Level, as part of the District's recovery strategy set forth in Chapter 40D-
8 80, F.A.C.
9 (8) "Water Resources" waters in the state, including surface water and ground
10 water, and associated natural systems.
11 3) "Minimum flood level" means the. highest leave to which a surface water bodyh
12 ll 1 be allowed to fluctuate without interference except as approved by the Board for the

14 level shall be expressed as an elevation, in feet above mean sea level.
.15 ,(4) "Ten (10) year flood warning level" means that elevation n n feet above sea
16 level, which approximates the level of flooding expected on a frequency of not less than
17 the ten (10) year recurring interval, or on a frequency of not greater than a ten percent
18 (10%) probability of occurrence in any given year, as determined from analysis of best
19 available data.
20 (5.\. ,"Best surface water. management practice, win the design, construction,
21 operation, and maintenance of structures or devices requires a consideration and
22 evaluation of both long-term and short-term effects of the activity uponr the water r sources
23 of the District. Factors to be considered include the following:
24 (a) -Conservation and proper utilization of surface water.
25 0I(b)mPrevention of damage from floods, soil erosion, and4 excessive
26 drainage
27 Wo 1 () o Preservation of natural resources, fish, and wildlife.
28 (rage fr aqfer recharge.

30 recreation, and esthetics.
31
32 Specific Authority 373.016, 373.023, 373.044, 373.103 FS. Law Implemented 373.016,
33 373.042, 373.044 FS. History New 6-7-78, Amended 1-22-79, Formerly 16J-8.02,
34 Amended
35
36 40D-8.031 Implementation.
37 (1) The provisions of Chapter 40D-8 of these rules shall continue to be
38 implemented as of May 2, 1978, within the Hillsborough River, Northwest Hillsborough,
39 Green Swamp, Alafia River, Coastal Rivers, Manasota, Peace River, Withlacoochee River
40 and Pinellas-Anclote River Basins and shall be implemented immediately and shall apply
41 within the area annexed into the District by Chapter 78-65, Laws of Florida., and-shal-apply
4 2 as-* ffWll
43 (a)-Management levels of lakes and other impoundments as prescribed
44 herein shall become effective immediately upon:

46
46%6 body;%i05
"47 "2..-- Post.ting of notice to the public p,, nvursuant to Rul AOD 8.616; and





JULY BOARD DRAFT 8-3
,-, ,-,









2 atl; h;n iks nfnnt ,-n'zr-E.%-h ar,'n;
2 within the affected area.n
3 Is-ohs(b) EoThe exIreme low management level as adjusted by the cyclic variation
4 shall become effective when similar notice has been given.
5 (2) No Guidance management L evels shall be prescribed for any reservoir or
6 other artificial structure which is located entirely within lands owned, leased, or otherwise
7 controlled by the user, and which require water only for filling, replenishing, and maintaining
8 of the water level thereof, provided however:
9 (a) That Chapter 40D-2 rules shall apply to the use of water for such
10 filling, replenishing, and maintaining of the water level, and
11 (b) That the Pre-modification or Post-modification Annual High, as
12 applicable minimum flood level pursuant to Rules ID8 A .n_ 021 and o40D8.611 and the Ten
13 Year Fflood Wwarning Llevel, all as determined pursuant to the procedures set forth in the
14 District's Lake Level Methodology Manual incorporated by reference in Rule 40D-8.091
15 i pursuant to Rules n. D 8.02.1 % and -o0D 8.613 may be established for any lake er-ether
16 impoundment determined by the Board to be in the public interest.
17 (3) No Guidance management Lievels shall be prescribed for Lake Manatee in
18 Manatee County, Ward Lake in Manatee County, the City of Tampa Reservoir on the
19 Hillsborough River in Hillsborough County, and the Peace River/Manasota Regional Water
20 Supply Authority Reservoir General Development utilities Reservoir constructed in
21 connection with the Southwest Florida Water Management District's Permit Numbers
22 7500016, 74 172, and 75 290 in DeSoto County.
23 (41 The Governing Board shall establish Minimum Flows and Levels pursuant to
24 Sections 373.042 and 373.0421, F.S. considering the following factors which, if present,
25 are unique for each water body for which Flows or Levels are established:
26 (a) Chances and structural alterations to hydrologic regimes, either
27 natural, permitted under Chapter 373, F.S., or exempt from permitting, where:
28 1. They have changed the hydrologic characteristics and ecology
29 of the water body and the impacts of these alterations are scientifically established, and
30 2. They constitute a physical constraint on recovery of the historic
31 hvdrologic regime: and
32 3. There is no other practicable means of offsetting their impact.
33 (b Recreation, navigation, or aesthetic and scenic attributes supported
34 by the water body, including use of the water body for:
35 1. Powerboats:
36 2. Boat docks:
37 3. Canoes, Kayaks and other paddle-propelled boats:
38 4. Sailboats
39 5. Swimming:
40 6. Diving:
41 7. Snorkeling:;
42 8. Scuba Diving:
43 9. Fishing:q; or
44 10. Sensory beauty.
45 f51 In areas where the existing flow or level is below the established Minimum
46 Flow or Level:
47 (a) Existing permits with withdrawals that impact such Flows or Levels
48 shall not be considered to automatically be in violation of the Flow or Level;

JULY BOARD DRAFT 8-4









1 (b} Pursuant to 373.042(2), F.S. the District shall develop a recovery
2 strategy. A portion of the recovery strategy will be contained within 40D-80, F.A.C., the
3 District's Water Management Plan and the Regional Water Supply Plan for the area within
4 which the applicable waterbody is located; and
5 (c) Permits affecting the established Flows or Levels will be adjusted
6 during the term of the permit or upon permit renewal in accordance with the recovery
7 strategy.
8 (d) Unless otherwise provided for in the District's recovery strategy, where
9 the existing flow or level is below the Minimum Flow or Level, additional withdrawal
10 quantities that would contribute to violation of the Flow or Level shall not be allowed.
11 (6) Where the existing flow or level is above the Minimum Flow or Level, permits
12 shall not be granted that would cause the actual flow or level to fall below the Minimum
13 Flow or Level on a long-term average basis.
14 (7) Establishment of a Minimum Flow or Level shall not be deemed to be a
15 determination by the Governing Board that any quantity above the established Minimum
16. Flow or Level is available for allocation to consumptive uses. Additionally, the Conditions
17 for Issuance of 40D-2.301,40D-4.301, and 40D-4.302 F.A.C., and all pertaining sections
18 within the Bases of Review described in 40D-2.091 and 40D-4.091, F.A.C. are required to
19 be met irrespective of a permitted's demonstration of compliance with the Minimum Flows
20 and Levels requirements established herein and in Chapter 40D-80, F.A.C.
21 (8) A portion of the regulatory element of the recovery strategy for Northern
22 Tampa Bay is contained within Chapter 40D-80, F.A.C. at section 40D-80.073.

23 Specific Authority 373.016, 373.023, 373.044, 373.103 FS. Law Implemented 120.53,
24 373.016, 373.023, 373.042, 373.0421, 373.044, 373.086 373.103 FS.History New 6-7-
25 78, Amended 10-16-78, 1-22-79, Formerly 16J-8.03, Amended 3-23-81,

26 40D-8.041 Minimum Rates of Flow and L-evels.
27 (1) Minimum Flows For the Lower Hillsborouqh River
28 (a) For the purposes of Minimum Flows the Lower Hillsborouqh River is
29 defined as the river downstream of Fletcher Avenue. The Lower Hillsborough River
30 includes Sulphur Springs, an artesian spring that enters the river via a short spring run
31 located 2.2 miles downstream of the Hillsborough River.
32 (b} The Minimum Flow for the Lower Hillsborough River at the base of the
33 City of Tampa's dam shall be ten (10) cubic feet per second (cfs) when the surface water
34 elevation at USGS gqae 02304500 is at or above 18.0 feet NGVD and 0 cfs when the
35 surface water elevation is below 18.0 feet NGVD. This Minimum Flow has been
36 determined based on the structural alterations in and along the River and the dependence
37 of viable ecological communities downstream of the dam with flows from the Hillsborouqh
38 River Reservoir and Sulphur Springs.
39 (cl The District will establish a Minimum Flow for Sulphur Springs in the
40 future. As part of that process the District will evaluate if additional flows from Sulphur
41 Springs are available to supplement the Minimum Flow for the Hillsborough River at the
42 base of the City of Tampa's dam.
43 (2) Minimum Flows for the Tampa Bypass Canal
44 (a) The Tampa Bypass Canal extends 12 miles from above Fletcher
45 Avenue to McKay Bay. Structure 160 serves as the barrier between the freshwater and
46 tidal portions of the Tampa Bypass Canal.

JULY BOARD DRAFT 8-5









1 (b) The Minimum Flow for the Tampa Bypass Canal at Structure 160 is
2 0 cfs. This Minimum Flow accounts for the structural nature of the Canal, its operational
3 constraints and the relationship of ecological communities in the tidal reaches of the Canal
4 and McKay Bay with freshwater flows through Structure 160.
5 (c) The Minimum Flow for the Tampa Bypass Canal at Structure 160 is
6 established specific to the physical configuration and operations constraints of the Tampa
7 Bypass Canal as they exist at the time of adoption of this Minimum Flow. If physical
8 modifications to the Tampa Bypass Canal are made, the District shall reevaluate the
9 Minimum Flow at Structure 160.
10 (3) Notwithstanding 40D-8.011(6), the Minimum Flows established in this Rule
11 40D-8.041 shall become operative upon the effective date of their adoption.

12
13 Specific Authority 373.044, 373.133, 373.149, 373.171 FS. Law Implemented 373.042,
14 373.086, 373.339 FS. History Readopted 10-5-74, Amended 12-31-74, Formerly 16J-
15 0.15, 40D-1.601, Amended 10-1-84,

16 40D-8.091 Publications Incorporated By Reference
17 The determination of Guidance Flood Levels, including the Annual High and Low
18 Levels, and Minimum Lake Levels set forth in 40D-8.603 and 40D-8.624 are more
19 particularly described in the Lake Level Methodology Manual, dated 1997 which
20 is hereby incorporated into this chapter. This document is available from the District upon
21 request.

22 Specific Authority 120.54, 373.016, 373.023, 373.044, 373.103, 373.113, 373.133,
23 373.149, 373.171 FS. Law Implemented 120.53, 120.54, 373.016, 373.023, 373.026,
24 373.0395, 373.042, 373.0421,373.044, 373.086, 373.103, 373.171, 373.339 FS. History-
25 New

26 40D-8.603 Management Guidance Levels for Lakes and Other Impound.mens.
27 (1) Guidance Levels and Minimum Levels adopted by the Governing Board on
28 or after August 27, 1997 and the method for calculating those Levels are set forth in 40D-
29 8.603(2) and 8.624(3) and (4). Guidance Levels adopted by the Governing Board prior
30 to Auqust 27, 1997 are listed in 40D-8.624(5).
31 (2) Flood and High Levels
32 (a) The Ten (10) Year Flood Warning Level is provided as an advisory
33 guideline for lake shore development. The Ten (10) Year Flood Warning Level,
34 incorporates the level of flooding expected on a frequency of not less than the ten (10) year
35 recurring interval, or on a frequency of not greater than a ten percent (10%) probability of
36 occurrence in any given year. The Ten Year Flood Warning Level is calculated as
37 described in Chapter Two of the District's Lake Level Methodology Manual described in
38 40D-8.091.
39 (b} The Pre-modification Annual High Level for lakes is the highest level
40 to which a lake is expected to fluctuate on an average annual basis. The Pre-modification
41 Annual High Level is calculated as described in Chapter Three of the District's Lake Level
42 Methodology Manual described in 40D-8.091.
4 3 (c) The Post-modification Annual High Level, for lakes with hydrologic
44 regimes modified by surface water conveyance systems or natural occurrences (e.g.

JULY BOARD DRAFT 8-6









1 sinkholes) is the highest level to which a lake is expected to fluctuate on an average annual
2 basis. The Post-modification Annual High Level for lakes with an adjustable structure is
3 a peaking elevation and not one which is maintained. The Post-modification Annual High
4 Level is calculated as described in Chapter Four of the District's Lake Level Methodoloqy
5 Manual described in 40D-8.091.
6 (3) Low Levels
7 (a) The Pre-modification Annual Low Level is the expected annual low
8 level of a lake. The Pre-modification Annual Low Level is calculated as described in
9 Chapter Three of the District's Lake Level Methodology Manual described in 40D-8.091.
10 (b) The Post-modification Annual Low Level, for lakes with hydrologic
11 regimes modified by anthropogenic activities excluding withdrawals or natural occurrences
12 (e.g. sinkholes) is the expected annual low level of a lake which has been influenced by
13 such activities and which no longer fully exhibits pre-modification fluctuations. The Post-
14 modification Annual Low Level may be used as a guide to operate a lake control structure,
15 for those lakes with control structures. The Pre-modification Annual Low Level is
16 calculated as described in Chapter Four of the District's Lake Level Methodology Manual
17 described in 40D-8.091.
18 (4) Posted Notice
19 (a) Staff gauges will be installed in prominent locations on each lake for
20 which Guidance Levels or Minimum Levels have been established. A notice shall be
21 posted in the immediate proximity of the staff gauge indicating that Levels have been
22 established.
23 (b} The notice shall indicate the elevations of the Annual High Level and
24 the established Minimum Level.
25 (5) Renaming of Levels
26 (a) Lakes for which lake levels were adopted prior to August, 1997 had
27 what were referred to in the District's Rules as management levels and alternatively as
28 minimum levels. These levels were the Ten Year Flood Warning Level, the Minimum Flood
29 Level, the Low Management Level and for some lakes there was a Extreme Low
30 Management Level. As of (effective date of these proposed rule revisions) these levels are
31 now referred to as the Guidance Levels. For those lakes with levels established prior to
32 August, 1997 the Minimum Flood is now named the Flood Level, the Low Management
33 Level is now named the Low Level and the Extreme Low Management Level is now named
34 the Extreme Low Level.
35 (b} For lakes for which levels were adopted before August 27, 1997, a
36 reference within the District's rules to the applicable minimum level or to established
37 minimum water levels shall refer to the Low Management Level, or, if adopted for the lake,
38 the Extreme Low Management Level. Those lakes for which levels were adopted prior to
39 August 1997 are set forth in 40D-8.624(5) along with the adopted levels.
40 ,c) For lakes for which levels were adopted on or after August, 1997 a
41 reference in the District's rules to the applicable minimum level or to established minimum
42 water levels shall refer to the adopted Minimum Level set forth in 40D-8.624(4).

44 management levels for lakes and othe-r impoundments, the Board shall use thek- best
45 information available.


48 "obtained from aerial mapping, hydrographs, bottom contour mapping, stage duration

JULY BOARD DRAFT 8-7









1 curves, water quality records, stratified beach deposits, precipitation data and other
2 SGcFGes-
S40D-8.605 CycField lic Vatiationsy b e used to determine past suae levels from water
4 marks, wetlaFornd lakes withation, and District-and owned getatontrol, and to establishure the elevation of septthe ic
12 watenks, docks, sea walls, roads, and floor slabs a nd to secure other ernent inf rmation.

6 Specific Authority 373.016, 373.023, 373.044, 373.103 FS. Law Implemented 373.016,
7 373.042, 373.044, 373.086 FS. History New 6-7-78, Formerly 16J-8.672, Paragraphs
8 (2)(h) and (i) Formerly 16J-8.6721, Paragraph(4) Formerly 16J-8.673, Amended


10 40D-8.605 Cyclic Variations for GuidanceMinimum Water Levels.
11 {4) For lakes with a District-owned control structure the elevation of the minimum
12 water levels established for a lake or other impoundment shall be lowered below the Low
13 Level, or Extreme Low Level, if adopted, or the Annual Low, as applicable (see 40D-
14 8.603(5)) ew ma nagement, evel periodically to allow fluctuation necessary for the
15 preservation of natural resources, fish and wildlife, and for the protection of non-
16 consumptive uses. The lowered level is designated the extreme low management level.
17 (2)-The low management level shall be the applicable minimum water level fo
18 such lake or other impoundment until uvlfour 1ii(4) consecutive years have .passed during which
19 the actual water level has failed to recede to the extreme low management level; in which
20 event the extreme low1 management level.shall a become the applicable minimum water level
21 for the lake or other imipoundment until the actual water l l recedes to or below the
22 extreme low management Ilevel. Wheiinever the actual wate1 r leveI l recedes to or below theI
23 extreme low management level, the applicable minimum water level for the lake or other
24 impoundment shall immediately be raised once again to the low management level and the
25 cyclic variations shall continue.
26 Specific Authority 373.016, 373.023, 373.044, 373.103 FS. Law Implemented 373.016,
27 373.042, 373.044 373.086 FS. History New 6-7-78, Formerly 16J-8.671, Amended
28_

29 40D-8.611 Minimum Flood Levels
30 (1)-The minimum flood level indicates the minimum level to which high water may

32 paricular flood frequency. Flood waters may often rise above the minimum flood level.
33 ---(2) Docks, sea wals, septic tanks, drain fields, floor slabs, and other physical
iil35 have been estab 1!50a9ill 1111 ished, should be so located and constructed that their function will not bel
36 impaired by rising water.



42 regulations and ordinances required by loca l governing bodies, e.g., as in connection withIi l l
43 the National Food Insurance Program.






JULY BOARD DRAFT 8-8









1 Specific Authority 373.016, 373.023, 373.044, 373.103 FS. Law Implemented 373.016,
2 373.042, 373.044 FS. History New 6-7-78, Formerly 16J-8.672, Repealed

3 40D-8.613 Ten (10) Year Flood Warning Levels.
4 (1) -Flood warning levels are provided for a suIrfoace water body as an advisor' -
5 statement for the public interest. Propey owners' Dr-r R public officials and the general public
6 are advised that flooding on a frequency of not less than a ten (10) yea r rnecu rring internal
7 i s expected to occur at the in dictated elevation. Flood waters may often rise above the flood
8 wa Jng le evel.
9 0(I) Floor slabs, septic tanks and drain fields, docks, seaIn walls. a 1 nd other physical
10 improvements, on land near ,lakes and other impoundments for which flood warning levels
11 have been established, should be so located and constructed sufficiently above the flood
12 warning level such that their functions will not be impaired by the rising water.

13 Specific Authority 373.016, 373.023, 373.044, 373.103 FS. Law Implemented 373.016,
14 373.042, 373.044 FS. History New 1-22-79, Formerly 16J-8.6721, Repealed
15

16 40D-8.616 Posted Notice.
"17 ,(1) ,Staff gauges will be installed n prominent locations on each lake or other
18 impoundment for which a management range has been established. A notice shall be
19 posted in the immediate proximity of the staff gauge indicating that management levels
20 have been established.
21 (2) The notice shal-l indicate the elevations of the minimum flood Ilevel and the
22 applicable minimum water level.

23 Specific Authority 373.016, 373.023, 373.044, 373.103 FS. Law Implemented 373.016,
24 373.042, 373.044 FS. History New 6-7-78, Formerly 16J-8.673, Repealed
25

26 40D-8.621 Operating Levels for Lakes, and Other Imrpondments with
27 Structures.
28 (1) Schedules, levels, and procedures for operation of lakes-and other
29 impoundments equipped with structures shall be established by the Board.
30 (2) The operating range for a structure of a lake r, their imp oundmrent shall be
31 prescribed as that between the high operating level and the low operating level.
32 (a) High operating level shall be established by the Board in consideration
33 of public testimony and in keeping with the best lake control management surface water
34 management practices.
35 (b) Low operating level shall be established by the Board in consideration
36 of public testimony and in keeping with the best lake control management surface-water
37 ,management practices.
38 (31 Best lake control management practices in the design, construction,
39 operation, and maintenance of structures or devices requires a consideration and
40 evaluation of both long-term and short-term effects of the activity upon the water resources
41 of the District. Factors to be considered include the following:
42 {a. Conservation and proper utilization of surface water.


JULY BOARD DRAFT 8-9









1 (b) Prevention of damage from floods, soil erosion, and excessive
2 drainage.
3 L(c Preservation of natural resources, fish and wildlife,
4 (d) Storage for aquifer recharge.
5 (e) Non-consumptive uses, including but not limited to, navigation,
6 recreation, and aesthetics.
7 (43) A prescribed schedule for operation of all lakes and other impo undrnent. with
8 structures shall be established by the Board. The schedule will contain time sequences by
9 which the levels of the water body will be maintained throughout the established
10 management range. While recognizing the difficulty of maintaining precise control of actual
11 levels, the schedule shall provide the guideline by which the operator of the structure will
12 attempt to maintain the prescribed levels insofar as he has control.

13 Specific Authority 373.016, 373.023, 373.044, 373.103 FS. Law Implemented 373.016,
14 373.042, 373.044 FS. History New 6-7-78, Formerly 16J-8.677.

15 40D-8.624 Schedule-i Levels for Lakes, and, Wetlands -and-ther
16 Impeondments.
17 (1 Establishment of Minimum Wetland Levels
18 (a) Where a Minimum Level for isolated, cypress dominated wetlands is
19 established and incorporated into the table at 40D-8.624(3) below, the Minimum Level shall
20 be that level which is 1.7 feet below a reference elevation referred to as the normal pool
21 elevation. Wetland water levels are deemed to be below the Minimum Level when the
22 median staqe is below the Minimum Level based on a six year monitoring period.
23 (b} The normal pool elevation shall be determined based on a
24 consideration, utilizing professional iudgement, of biological indicators of sustained
25 inundation such as:
26 1. The lower limit of epiphytic mosses and liverworts intolerant of
27 sustained inundation;
28 2. The upper limit of the root crown on Lyonia lucida growing on
29 tree tussocks;
30 3. The upper limit of adventitious roots on Hypericum fasiculatum
31 and other species which exhibit this morphologic response to sustained inundation;
32 4. Other indicators which can be demonstrated to represent a
33 similar period of sustained inundation.
34 (2) Wetlands within Hillsborough, Pasco and Pinellas County for which Minimum
35 Levels have been established as set forth in the table in 40D-8.624(3) below were selected
36 based upon the wetland meeting the following guidelines:
37 (a) located in an area that is or may be experiencing adverse withdrawal
38 impacts;
39 (b) isolated cypress dome greater than .5 acres in size;
40 (c) easily accessible:
41 (d) wetlands with monitoring data are preferred:
42 (e) appears to be impacted primarily by water withdrawal; and
43 (3) Minimum Levels for wetlands are hereby established as set forth in the
44 following table. For those wetlands whose Minimum Level elevation is followed by an (*),
45 it has been deemed that upon the effective date of the rule adopting the Minimum Level
46 that the wetland water levels are below the Minimum Levels as described in 40D-

JULY BOARD DRAFT 8-10









1 8.624(1)(a) above. If insufficient data exists to determine if the wetland water level is below
2 the Minimum Wetland Level pursuant to 40D-8.624(1) and (3), the wetland water level can
3 be determined to be below the Minimum Wetland Level based on an evaluation of
4 *********************
5

6 Location Wetland Identification Minimum Level
(NGVD)

7 TBD TBD TBD

8 (4) Establishment of Minimum Lake Levels
9 (a) Pre-modification Lakes (PrM) the Minimum Level shall be the Pre-
10 modification Annual Low Level calculated as described in Chapter Three of the District's
11 Lake Level Methodology Manual described in 40D-8.091. The lake level is deemed to be
12 below the Minimum Level when the elevation representing the P50 is depressed below the
13 Annual Low Level for greater than 50% of the time for at least a six year period.
14 (b) Post-modification Lakes with at least six years of hydrologic data
15 (PMD) the Minimum Level is the P50 as determined from the stage data used to establish
16 the Post-modification Annual High and Low Levels pursuant to Chapter Four of the
17 District's Lake Level Methodology Manual described in 40D-8.091. The lake level is
18 deemed to be below the Minimum Level when the elevation representing the P50 is below
19 the Minimum Level more than 50% of the time for at least a six year period.
20 (c) Post-modification Lakes with less than six years of hydrologic data or
21 lakes without six years of hydrologic data prior to impacts due to water withdrawals (PMND)
22 the Minimum Level is the midpoint between the Post-modification Annual High and Low
23 Levels elevations as determined pursuant Chapters Four and Five of the District's Lake
24 Level Methodoloqy Manual described in 40D-8.091. The lake level is deemed to be below
25 the Minimum Level when the elevation representing the P50 is below the Minimum Level
26 more than 50% of the time for at least a six year period.
27 (d If insufficient data exists to determine if the lake level is below the
28 Minimum Level pursuant to 40D-8.624(3)(a) (c) above the lake level can be determined
29 to be below the Minimum Level based on a comparison with similar lakes by use of aerial
30 photographs and evaluation of biological indicators.
31 (5 Minimum Levels have been established on Lakes Barbara, Big Fish, Cypress,
32 Dosson, Helen, Ellen, Little Moon, Rainbow and Sunshine based on the Priority Schedule
33 for the Establishment of Minimum Flows and Levels within the District's Water
34 Management Plan, dated March, 1995, as updated June, 1996.
35 (64) Levels for lakes and other impoundments are hereby established as set forth
36 in the following table.foeo'ws- After the Minimum Level elevation for each lake an
37 abbreviation of PrM, PMD or PMND is listed. The abbreviation indicates which of the
38 methodologies described in 40D-8.624(3) above was used to calculate the Minimum Level.
39 Guidance Levels established prior to August 1997 are set forth in 40D-8.624(5) below.
40 For those lakes whose Minimum Level elevation is followed by an asterisk (*), it has been
41 deemed that upon the effective date of the rule adopting the Minimum Level for those lakes
42 the lake level is below the Minimum Level as described in 40D-8.624(3)(a)-(b) above.



JULY BOARD DRAFT 8-11









1 Location by County and Name of Ten Year Annual Annual Minimum
2 Basin Lake Flood High Low Level
Guidance Guidance Guidance (NGVD)
(NGVD) (NGVD) (NGVD)

3 (a) In Charlotte County
4 Within The Peace River
5 Basin
6 RESERVED
2 (b) In Citrus County
8 Within The Coastal
9 Rivers Basin
10 RESERVED
11 (c) In Citrus County
12 Within The
13 Withlacoochee River
14 Basin
15 RESERVED
16 (d) In DeSoto County
17 Within The Peace River
18 Basin
19 RESERVED
20 (e) In Hardee County
21 Within The Peace River
22 Basin
23 RESERVED
24 (f) In Hernando County
25. Within The Coastal
26 Rivers Basin
27 RESERVED
28. (g) In Hemando County
29. Within The
30_ Hillsborough River
31 Basin
32 RESERVED
33 (h) In Hernando County
34 Within The
35 Withlacoochee River
36 Basin
37 RESERVED





JULY BOARD DRAFT 8-12









1 (i) In Highlands County
2 Within The Peace River
3 Basin
4 RESERVED
5 (j) In Hillsborough
6 County Within The
7 Alafia River Basin
8 RESERVED

9 (k) In Hillsborough
10 County Within The
11 Hillsborough River
12 Basin
13 RESERVED
14 (1) In Hillsborough Sapphire 64.1 63.5 61.9 62.7*
15 County, Within the Lake (PMND)
16 Northwest Hillsborough S-14,T-
17 Basin 27,R-18

Cypress 49.5 48.9 47.3 48.1*
Lake (PMND)
S-24,T-
27,R-17
Dosson 55.1 53.4 50.0 52.1*
Lake (PMD)
S-20,T-
27,R-18
Sunshine 55.1 52.8 50.6 51.7*
Lake (PMND)
S-20,T-
27,R-18
sQ-


Lake 54.2 53.0 51.4 52.2*
Helen (PMND)
S-19,T-
27,R-18
Lake Ellen 54.2 53.0 51.4 52.2*
S-1 9,T- (PMND)
27,R-18
Lake 54.2 53.0 51.4 52.2*
Barbara (PMND)
S-19,T-
27, R-18


JULY BOARD DRAFT 8-13









Little Moon 41.0 40.8 38.9 39.9*
Lake (PMND)
S-28,T-
27,R-17

1 (m) In Lake County
2 Within The Green
3 Swamp Basin
4 RESERVED
5 (n) In Levy County
6 Within The
7 Withlacoochee River
8 Basin
9 RESERVED
10 (o) In Manatee County
11 Within The Manasota
12 Basin
13 RESERVED
14 (p) In Marion County
15 Within The
16 Withlacoochee River
17 Basin
18 RESERVED
19 (q) In Pasco County Big Fish 76.9 76.5 74.6 74.6*
20 Within the Coastal Lake (PrM)
21 Rivers Basin S-21IT-
24R-19


22 (r) In Pasco County
23 Within The Green
24 Swamp Basin
25 RESERVED

266 (s) In Pasco County
27 Within The
28 Hillsborough River
29 Basin
30 RESERVED

31 (t) In Pasco County
32 Within The Pinellas-
33 Anclote River Basin
34 RESERVED________




JULY BOARD DRAFT 8-14









1 (u) In Pasco County
2 Within The
3 Withlacoochee River
4 Basin
5 RESERVED
6 (v) In Pinellas County
"7 Within The Pinellas-
8 Anclote River Basin
9 RESERVED
10 (w) In Polk County
11 Within The Alafia River
12 Basin
13 RESERVED
14 (x) In Polk county
15 Within The Green
16 Swamp Basin
17 RESERVED
18 (y) In Polk County
19 Within The
20 Hillsborouqh River
21 Basin
22 RESERVED
23 (z) In Polk county
24 Within The Peace River
25 Basin
26 RESERVED
27 (aa) In Sarasota
28 County Within The
29 Manasota Basin
30 RESERVED

31 (bb) In Sumter county
32 Within The Green
33 Swamp Basin
34 RESERVED _______________

35 (cc) In Sumter County
36 Within The
37 Withlacoochee River
38 Basin
39 RESERVED

40 (71 Guidance Levels established for lakes prior to August, 1997 are set forth in
41 the following table:


JULY BOARD DRAFT 8-15









1 TABLE OF LAKE LEVELS PREVIOUSLY ADOPTED HAVE BEEN OMITTED FOR
2 THIS DRAFT BECAUSE THE ONLY CHANGE IS TO THE NAME OF THE LEVELS AS
3 DESCRIBED IN 40D-8.603(5) NOT TO THE LEVELS THEMSELVES.

4 Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.042,
5 373.103 FS. History New 6-7-78, Amended 1-22-79, 4-27-80, 10-21-80, 12-22-80, 3-23-
6 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,
7 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,
8 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-
9 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-
10 91, 10-7-91, 7-26-92, 3-1-93, 5-11-94, 6-6-96, 2-23-97,

11 40D-8.626 Minimum Aquifer Levels in Northern Hillsborough, Pasco, and Pinellas
12 Counties

13 (1) The Minimum Aquifer Level shall be a Long-term average water level and
14 shall be used as a Long-term average when evaluating water use permit applications.
15 (2) Establishment of Minimum Aquifer Levels Within Hillsborough, North of U.S.
16 Highway 60, Pasco and Pinellas Counties, the Minimum Aquifer Level for the Upper
17 Floridan aquifer system (UFAS) shall be calculated based on the relationship between
18 water levels in the Upper Floridan aquifer and water levels in the surficial aquifer system
19 (SAS) and associated wetlands. The Minimum Aquifer Level is determined using the
20 following steps:
21 (a) Determine the pre-withdrawal level at the well;
22 (b) Estimate the allowable Floridan aquifer water level drawdown at the
23 well!
24 (c) Subtract the allowable Floridan drawdown from the pre-withdrawal
25 water level to calculate the Minimum Aquifer Level.
26 (1 The pre-withdrawal water level represents the level in a Floridan aquifer
27 monitor well before the existence of significant ground water withdrawals in the vicinity of
28 the well. The pre-withdrawal water level is estimated for each site using the following
29 methods:
30 (a) If five years or more of the pre-withdrawal data for the well are
31 available, then the pre-withdrawal level is calculated by taking the average of the pre-
32 withdrawal water level data.
33 (b) If one to four years of pre-withdrawal data are available, then the pre-
34 withdrawal level is calculated by taking the average of the pre-withdrawal water level data
35 and verifying that the available pre-withdrawal water level record represents average
36 climatic conditions. This is performed by assessing rainfall records of the area, or by
37 adding the long-term average cumulative drawdown at the well to the current long-term
38 average water level of the well, and comparing the result to the average of the available
39 pre-withdrawal water level record at the well. The current water level is the average water
40 level over a period when historic ground-water withdrawals near the well were nearly
41 constant (annual pumpaqe varied by less than 20 percent from the long-term average).
42 The long term average drawdown is estimated using the best available methodology.
43 (c If no pre-withdrawal water level data for the well are available, then the
44 pre-withdrawal water level is determined by adding the long term average cumulative
45 drawdown at the well to the current long term average water level of the well.

JULY BOARD DRAFT 8-16









1 (4) Allowable Floridan aquifer water level drawdown
2 (a) For each location chosen for establishment of a Minimum Aquifer
3 Level, the allowable drawdown in the UFAS is determined based on the allowable
4 drawdown in the surficial aquifer system and associated wetlands. The ratio of surficial to
5 Floridan allowable drawdown is based on the Upper Floridan aquifer leakance coefficient
6 for the area surrounding the Minimum Aquifer Level well.
7 (b) The wetland Minimum Level based on 40D-8.624(1) is 1.7 feet below
8 the wetland normal pool. Because the median P50 wetland water level for healthy cypress
9 wetlands is 1.0 foot below normal pool, the wetland Minimum Level represents 0.7 feet of
10 long-term average drawdown in the wetland.
11 (c For the purpose of calculating the Minimum Aquifer Level in the
12 Floridan at the locations specified in 40D-8.626(6), below, a drawdown of 0.7 feet in the
13 surficial aquifer is assumed to represent a drawdown of 0.7 feet in the wetland. The
14 following procedure outlines how the 0.7 foot drawdown in the surficial aquifer is used to
15 calculate the allowable Floridan aquifer drawdown:
16 1. The Floridan aquifer drawdown that would cause 0.7 feet of
17 surficial aquifer drawdown is estimated from Figure 8-1, a type curve which was developed
18 using the Northern Tampa Bay Regional Ground-water Flow Model. For development of
19 the type-curve, the surficial and Floridan aquifers drawdown was determined for each
20 active cell in the model.
21 2. The ratio of surficial to Floridan aquifer drawdown was then
22 calculated and plotted against the value of leakance for that model cell.
23 3 To calculate the allowable Floridan aquifer drawdown at the
24 proposed Minimum Level well, the leakance between the surficial aquifer and the Upper
25 Floridan aquifer shall be estimated for the area of the Minimum Aquifer Level well. Best
26 available data with respect to the leakance value can include aquifer performance test
27 results or calibrated ground-water flow model leakance coefficient data.
28 4. Using the site specific leakance determined in 40D-
29 8.626(4)(c)2., the ratio of surficial to Floridan drawdown for the well site is determined from
30 Figure 8-1 by noting where the vertical line for a particular leakance coefficient intersects
31 the type curve and then reading across for the appropriate drawdown ratio value.
32 (5) Minimum Aquifer Level calculation Once the pre-withdrawal level and the
33 allowable Floridan aquifer drawdown are determined, the allowable Floridan aquifer
34 drawdown is subtracted from the pre-withdrawal level to determine the Minimum Level.
35 (6) The aquifer sites for which Minimum Aquifer Levels have been established
36 as set forth in 40D-8.626(7) below were selected using the following guidelines:
37 (a) the site is located in an area that is or may be experiencing adverse
38 withdrawal impacts;
39 (b} the site has a Floridan monitor well
40 (c) sites where a surficial well is co-located with the Floridan well (well
41 nests) are preferred;
42 (d) wells or well nests having a long period of record are preferred:, and
43 ideally include data before water withdrawals commenced; and
44 ({e the well or well nest should be within close proximity of lakes or
45 wetlands.
46 (71 Aquifer levels are deemed to be below the Minimum Aquifer Level when the
47 average level is below the Minimum Aquifer Level for a six year period. If insufficient data
48 exists to determine if the aquifer level is below the Minimum Aquifer Level pursuant to 40D-

JULY BOARD DRAFT 8-17









1 8.626(7) the aquifer level can be determined to be below the Minimum Aquifer Level
2 based on an evaluation of regional aquifer level data, including potentiometric surface
3 maps. For those aquifer sites whose Minimum Aquifer Level elevation is followed by an
4 asterisk (*), it has been deemed that upon the effective date of the rule adopting the
5 Minimum Level for those aquifer sites the aquifer level is below the Minimum Aquifer Level
6 as described in 40D-8.626(8) below.
7 (8) Minimum Aquifer Levels shall be established as follows:

8 Well Latitude Longitude Minimum Level
9 Name (NGVD)
10 (a) T-1 280708 820748 84.6*
11 (b) T-2 280510 820438 94.9*
12 (c) T-3 280849 820537 89.6*
13 (d) A-1 282149 822815 66.8*
14 (e) CB3E 282221 822419 69.2*
15 (f) TMR1 281719 822246 65.5*
16 (g) TMR3 281745 822342 64.5*
17 (h) MW500 281204 822240 51.6
18 (i)2-1000 281019 822114 58.9
19 (j) MB1 280652 822042 31.8
20 (k) MB6 280628 822007 25.6*
21 (I) MB13 280656 821751 29.2
22 (m) HILLSB 13 280703 823027 46.4*
23 (n) CALM33A 280834 823435 27.0
24 (o) JAMES11 280653 823415 33.2*

25 (p) COSME3 280608 823529 27.6*
26 (q) EW005 281021 823956 22.7*
27 (r) EW11 280905 823905 24.5*
28 (s) EW142 281018 823808 29.0*
29 (t) MATTS 281102 822924 62.6*
30 (u) SP42 281036 823056 51.9*
31 (v) 1A EAST 281006 823852 42.4*
32 (w) 1A WEST 280922 823955 30.9*

JULY BOARD DRAFT 8-18









1 (x) NPMW-2 281907 823344 46.4*

2 (y) Debuel 280741 822709 55.4*
3 (z) Lutz Park 280913 822832 57.6*
4 (aa) Buchanan 280522 822810 42.2*
5 (bb)RMP8D1 280342 823256 31.1*
6 (cc) 280552 823257 31.4
7 Hutchinson
8 #59
9 (dd) Claywell 280551 823121 45.0*
10 Elem.
11 (ee) N2 281011 823905 24.8*
12 (ff) N4 280945 823804 32.0*

13 (gg) Eagles 280609 823830 20.9*
14 WRAP
15 (hh) Lutz Lake 280921 822230 44.6*
16 Fern
17 (ii) Ledantec 281255 823103 52.3*

18 (jj) Starkey 281312 823616 35.2*
19 Regional
20 (kk) Starkey 281443 823401 43.4*
21 1A East

22 (11) Starkey 281454 823802 28.7*
23 707
24 (mm) MW1 281447 823542 34.4*
25 (nn) Seven 281223 823933 21.0"
26 Springs Deep
27 (oo) Starkey 281135 823607 42.9*
28 Ranch WRAP

29 (pp) NPMW-7 281825 823405 44.5*
30 (qq) NPMW- 281631 823411 41.7*
31 11
32 (rr) SR52 282010 823737 51.9
33 VVWest
34 (ss) TMR4 281650 822444 60.5*

JULY BOARD DRAFT 8-19









1 (tt) SR52 East 281918 822645 73.2*
2 (uu) WRW 282324 822853 52.9*
3 (w) CB1SE 282100 822628 72.5*
4 (ww) FK6 281938 822423 70.7*
5 (xx) Morris 280652 822042 28.8*
6 Bridge 1

7 (yy) Morris 280656 821751 30.3*
8 Bridge 13
9 (zz) DGW2 280827 822055 40.5
10 (aa) DMW500 281204 822238 51.2*
11
12 Specific Authority 120.54, 373.042, 373.044, 373.113, 373.171 FS. Law Implemented
13 120.54, 373.016, 373.023, 373.0395, 373.042, 373.171 FS. History- New

































JULY BOARD DRAFT 8-20









1 Lake Level Methodology Manual
2

3 CHAPTER ONE INTRODUCTION

4 1.1 Objectives Under Part I of Chapter 373, Florida Statutes (FS) and Chapter 40D-8,
5 Florida Administrative Code (FAC), the District is responsible for establishing
6 minimum levels for lakes within its jurisdiction. Pursuant to Chapter 373.042, FS,
7 minimum levels shall be calculated using best available information, and may reflect
8 seasonal variations. The District shall also consider, and at their discretion may
9 provide for, the protection of non-consumptive uses in establishment of Minimum
10 Levels. The objective of this document is to identify and describe the usual
11 procedures and methods used by District staff in determining and proposing lake
12 levels to the Governing Board.

13 1.2 History of the Lake Levels Program Since the mid-1970's, the District has
14 maintained a program to adopt management levels for lakes throughout the District.
15 These management levels were selected to be representative of a healthy
16 fluctuation range for each lake and can be used for water management purposes.


17 Prior to 1996, management levels had been set on 397 lakes. However, in 1996,
18 revisions to Chapter 373, Florida Statutes resulted in changes to the Lake Levels
19 Program. The most substantial change to the program was the requirement that a
20 Minimum Level be established. This Minimum Level is the level of a lake at which
21 further withdrawals would be significantly harmful to the water resources of the area.
22 As a result of the 1997 rule revisions, the terms management levels, Minimum Flood
23 Level and Low Management Level were changed to guidance levels, Annual High
24 Level and Annual Low Level, respectively. The Extreme Low Level was deleted
25 from the methodology and will no longer be an adopted level.

26 1.3 Criteria for Inclusion of Lakes in the Lake Levels Program Historically, lakes
27 were included in the lake levels program based on several criteria. These criteria
28 included lakes with District water control structures, lakes with water use permits
29 and lakes 20 acres or larger with multiple owners. In response to legislative
30 mandates in 1996, criteria were added to the lake selection process which
31 emphasized lakes located in Water Resource Caution Areas, lakes in the vicinity of
32 major water withdrawals and lakes specifically identified by local governments or
33 other entities. The revisions to Chapter 373, F.S. also required that the District
34 adopt a Minimum Flows and Levels (MF/L) Priority List. The MF/L Priority List,
35 which identifies the lakes and the time frames for establishing levels, is included in
36 the District Water Management Plan.

37 1.4 Levels Established under the Lake Levels Program -The levels defined below
38 will be established based on the procedures and methods discussed in this
39 document. All levels shall be expressed in feet relative to National Geodetic Vertical
40 Datum (NGVD) of 1929.


40D-8.L 8-21









1 Guidance Levels, as described in section 1.4. below, are established for all lakes
2 in the Lake Level program as follows. Pre-modification Guidance levels will be
3 determined for all lakes included in the Lake Levels Program. For lakes with
4 modified surface conveyance systems, Post-modification Guidance levels also will
5 be determined. The levels finally recommended to the Governing Board will depend
6 on the type of lake system. For lakes without modifications to the surface
"7 conveyance systems, Pre-modification Guidance Levels will be recommended to
8 the Governing Board. For lakes with modified surface conveyance systems, Post-
9 modification Guidance Levels will be recommended to the Governing Board. Pre-
10 modification Guidance Levels for these lakes may be provided to the Board for
11 informational purposes.

12 A Minimum Level based on lake type will also be determined and recommended to
13 the Governing Board for lakes included in the Lake Level Program.

14 1.4.1 Guidance Levels determined by the District using the best available information
15 and expressed in feet relative to National Geodetic Vertical Datum, used as
16 advisory information, including for the District, lake shore residents and local
17 governments or to aid in the control of adjustable structures. Guidance Levels
18 include: Ten Year Flood Warning Level; Pre-modification Annual High Level; Post-
19 modification Annual High Level; Pre-modification Annual Low Level; and Post-
20 modification Annual Low Level.


21 1.4.2 Ten (10) Year Flood Warning Level is an advisory level provided as a
22 discretionary guideline for lakeshore development. The Ten (10) Year Flood
23 Warning Level, incorporates the level of flooding expected on a frequency of not
24 greater than ten percent (10%) probability of occurrence in any given year.

25 1.4.3 Pre-modification Levels refer to lake water regimes before impacts by human
26 activities and includes modification of surface water conveyance systems and water
27 withdrawals.

28 1.4.3.1 Pre-modification Annual High Level the highest level to which a lake is
29 expected to fluctuate on an average annual basis.

30 1.4.3.2 Pre-modification Annual Low Level approximates the average annual low
31 level of a lake.

32 1.4.4 Post-modification Levels refer to lake water regimes resulting from alterations
33 to the lake's surface water conveyance systems.

34 1.4.4.1 Post-modification Annual High Level lakes with water regimes resulting
35 from alterations to the lake's surface water conveyance systems. The Post-
36 modification Annual High Level is the highest level to which a lake is
37 expected to fluctuate on an average annual basis.



40D-8.L 8-22









1 1.4.4.2 Post-modification Annual Low Level lakes with water regimes resulting
2 from alterations to the lake's surface water conveyance systems. The Post-
3 modification Annual Low Level approximates the annual low level of a lake.
4 The Post-modification Annual Low Level may be used as a guide to operate
5 a lake control structure for those lakes with existing control structures.

6 1.4.5 Pre-modification Minimum Level the Pre-modification Annual Low Level. Non-
7 conformance with the Pre-modification Minimum Level occurs when the P50 from
8 the previous six (6) calendar years of hydrologic data falls below the Pre-
9 modification Minimum Level.

10 1.4.6 Post-modification Minimum Level For lakes with hydrologic data, the Post-
11 modification Minimum Level is the P50 as determined from the stage data used to
12 establish the Post-modification Annual High and Annual Low Levels. For lakes with
13 less than six years of hydrologic data or lakes without hydrologic data prior to
14 impacts due to water withdrawals, the Post-modification Minimum Level is the
15 midpoint between the adopted Post-modification Annual High and Annual Low
16 Guidance elevations. Non-conformance with the Post-modification Minimum Level
17 level occurs when the P50 from the previous six (6) calendar years of hydrologic
18 data falls below the Post-modification Minimum Level.

19 1.5 Definitions The definitions in this section apply to the determination of all levels
20 described in this document.

21 1.5.1 P10 a percentile ranking defined as the elevation of the water surface of a lake
22 that is equaled or exceeded 10 percent of the time as determined from a stage
23 duration analysis.

24 1.5.2 P50 a percentile ranking defined as the elevation of the water surface of a lake
25 that is equaled or exceeded 50 percent of the time as determined from a stage
26 duration analysis.

27 1.5.3 P90 a percentile ranking defined as the elevation of the water surface of a lake
28 that is equaled or exceeded 90 percent of the time as determined from a stage
29 duration analysis.

30 1.5.4 Reference Lake Water Regime (RLWR) is a regional factor that approximates
31 the typical annual range of lake level fluctuations for lakes within a similar
32 hydrogeologic setting. The RLWR corresponds to the difference between the
33 annual high and annual low Levels. It is used to estimate the Annual High or
34 Annual Low Level for lakes without hydrologic data and biological indicators of one
35 of the levels. (See Chapter Five.

36 1.5.5 Stage Duration Curve a graphic representation of the percent of time the water
37 surface of a lake equals or exceeds a particular elevation. A stage duration curve
38 is developed by plotting lake level elevations against the cumulative frequency of
39 occurrence of those elevations for uniform increments of time e.g., monthly
40 readings.

40D-8.L 8-23









1 1.5.5.1 Pre-modification Stage Duration Curve a stage duration curve prepared
2 using a minimum of six years of Pre-modification hydrologic data.

3 1.5.5.2 Post-modification Stage Duration Curve a stage duration curve prepared
4 using a minimum of six years of Pre-modification hydrologic data which
5 begins after the construction/installation of surface water conveyance
6 systems.

7 1.5.6 Pre-modification period before lake water regimes were impacted by human
8 activities such as alteration of surface water conveyance systems and water
9 withdrawals.

10 1.5.7 Post-modification period after lake water regimes were impacted by human
11 activities, specifically alterations to the surface water conveyance systems.





































40D-8 .L 8-24









1 CHAPTER TWO DETERMINATION OF 10 YEAR FLOOD WARNING LEVELS

2 2.1 General The Ten (10) Year Flood Warning Level shall be established using
3 methods that correspond to the hydrology and type of conveyance system of the
4 lake being evaluated. Generally, lakes are classified as open basin lakes that
5 discharge and closed basin lakes. Open basin lakes that discharge are those lakes
6 that have a surface water conveyance system that by itself, or in series with other
7 lakes, connects to or is part of an ordered stream or creek. A closed basin lake,
8 has no outlet conveyance system, or has an outlet system that overflows only during
9 peak elevations. The methodology to be used for the determination of the 10-year
10 Flood Warning Level of these two lake types is given below.

11 2.2 Lakes that discharge 10 Year Flood Warning Levels for lakes that discharge shall
12 be established using numerical single storm event models. Rainfall depths shall be
13 taken from Part D of the Environmental Resources Permitting Information Manual
14 (SWFWMD, 1996). Runoff volumes shall be computed using conventional methods
15 such as the Soil Conservation Service (SCS) curve number method, or with
16 standard infiltration formulas (e.g. Hortons Equation, Green-Ampt Equation). Runoff
17 distributions shall be computed using conventional methods including the SCS
18 method or other unit hydrograph methods, or the kinematic wave overland flow
19 method. Modeling programs that account for tailwater and compute backflow are
20 preferred for the hydraulic routing. The initial water level elevation used in the
21 model of a lake with no significant alterations to its natural surface conveyance
22 and/or outlet configuration shall be the Pre-modification Annual High Level as
23 defined in Chapter 3. The initial water level elevation of a lake with significant
24 alterations to its natural surface conveyance and/or outlet configuration shall be the
25 Post-modification Annual High Level as defined in Chapter 4. Exceptions shall be
26 based on peer review by the appropriate District staff and their consensus and
27 thoroughly documented in a report or memorandum to the project file.

28 2.3 Closed Basin Lakes 10-Year Flood Warning Levels for closed basin lakes and
29 lakes that overflow only during peak elevations shall be derived using a frequency
30 analysis of lake stage readings, or lake stages predicted by a physically based
31 numerical "continuous simulation model", or an empirical simulation model derived
32 either by linear or non-linear regression methods. The choice to use a linear or non-
33 linear regression technique shall be based on engineering judgement. The
34 simulation periods for either numerical or empirical models shall be based on not
35 less than thirty years of contiguous rainfall record. A composite of more than one
36 rainfall station in the region in which the subject lake is located is acceptable.
37 Calibration of the simulation model shall be based on as many indicators as
38 possible including, but not limited to, stage records and biological ans physical
39 indicators referenced in other parts of this document. If stage records do not exist
40 or the record does not contain peak elevation readings, then particular attention
41 should be given to obtaining eye-witness accounts of peak stages. Model
42 simulations to determine the 10-Year Flood Warning Level shall exclude effects of
43 water withdrawals.



40D-8.L 8-25









1 CHAPTER THREE DETERMINATION OF PRE-MODIFICATION LEVELS

2 3.1 General Pre-modification Levels refer to lake water regimes prior to impacts by
3 human activities including modification of surface water conveyance systems and
4 water withdrawals. Pre-modification levels may be determined from 'one or a
5 combination of the following procedures: analysis of stage duration data; and
6 analysis of biological and physical water level indicators. Other information used
7 to determine Pre-modification Levels may include, but not be limited to, survey data,
8 maps and hydrologic data from such sources as the United States Geological
9 Survey, the Army Corps of Engineers and General Land Office Notes. For lakes
10 without stage duration data and biological indicators, the Pre-modification Annual
11 Low Level may be determined using the Reference Lake Water Regime described
12 in Chapter 5. If Pre-modification Levels are determined using more than one
13 procedure, the Pre-modification Levels finally recommended will be a reconciliation
14 of the procedures used.

15 If Pre-modification Levels are determined using more than one procedure, the Pre-
16 modification Levels finally recommended will be a reconciliation of the procedures
17 used. Reconciliation involves comparing the levels determined by the various
18 methods. If the Pre-modification Levels determined by each of the methods are
19 similar, then the levels determined from analysis of stage duration data take
20 precedence unless the stage duration data are determined to be impacted by water
21 withdrawals. If the levels determined by each of the methods are not similar, then
22 possible reasons for the difference should be investigated. Physical indicators
23 should only be used to determine the Pre-modification levels if biological indicators
24 and hydrologic data are not available for the lake.

25 Biological and physical indicators have been used to determine water levels.
26 (Cooke, 1939; Davis, 1973; Florida Board of Conservation, 1969; Holcomb &
27 Wegener, 1971; Kenner, 1961). This approach has been used primarily to
28 determine high-water levels on lakes (Bishop, 1967; Knochenmus, 1967). Dooris
29 and Courser (1976) related both high and low water levels to various biological,
3 0 hydrological and cultural features.

31 3.2 Analysis of Stage Duration Data This method applies only to lakes which have
32 a minimum six years of Pre-modification stage data.

33 3.2.1 Pre-modification Annual High Level The Flood Annual High Level is equal to the
34 elevation corresponding to the P10 value on a Pre-modification Stage Duration
35 Curve.

36 3.2.2 Pre-modification Annual Low Level The Pre-modification Annual Low Level is
37 equal to the elevation corresponding to the P90 value on a Pre-modification Stage
38 Duration Curve.

39 3.3 Analysis of Biological and Physical Indicators This method is applied to lakes
40 for which one or more biological and/or physical indicators are present. The


40D-8 .L 8-26









1 methodology is based on known relationships between the location of wetland and
2 upland plant species and Pre-modification water levels.

3 3.3.1 Methods for Site Selection and Measuring Indicator Elevations Elevations of
4 the indicators described in this section shall be measured using accepted surveying
5 practices.

6 Locations for measuring biological indicators shall be chosen based on the
7 presence of the indicator plant species. Preferred locations will have naturally
8 vegetated wetlands around the lake, fringed by palmettos or other upland plant
9 species. As many transects as practical should be measured in each of these
10 areas. If multiple specimens of each indicator species occur on the lake, then
11 elevations should be determined for as many specimens as practical.

12 In the absence of naturally vegetated wetlands and uplands, elevations shall be
13 measured for any available biological indicators included in this document.
14 Activities which may have impacted elevations, such as, filling, soil subsidence, land
15 clearing and similar activities shall be considered and accounted for during
16 evaluation and analysis of the data. If no biological or physical indicators are
17 present, proceed to Chapters Four and Five.

18 3.3.2 Pre-modification Annual High Level Biological indicators of the Pre-modification
19 Annual High Level may include, but not be limited to, the following: palmetto
20 (Serenoa repens); cypress (Taxodium sp.); longleaf pine (Pinus palustrus); live oak
21 (Quercus virginiana); and mature wax myrtle (Myrica cerifera); cliches.

22 The method for measuring elevations of the indicator plants is described below.
23 Data recorded includes the elevation of the indicator species and for trees, the
24 diameter at breast height (DBH).

25 a. The elevation of the soil at the base of the lowest lakeward extent of the
26 palmetto (Serenoa repens) fringe is measured at the lowest rooted extent of
27 the plant.
28 b. The elevation of the soil at the base of the highest landward extent of the
29 cypress (Taxodium sp.) fringe is measured on the landward side of the tree
30 at the base of the trunk.
31 c. The elevation of the soil at the base of the lowest lakeward extent of longleaf
32 pine (Pinus palustrus) fringe is measured on the lakeward side of the tree at
33 the base of the trunk. Note: Only longleaf pine shall be used to establish the
34 Annual High Level.
35 d. The elevation of the soil at the base of the lowest lakeward extent of the live
3 6 oak (Quercus virginiana) fringe is measured on the lakeward side of the tree
37 at the base of the trunk for trees with a minimum diameter at breast height
38 (DBH) of 24".
39 e. The elevation of the soil at the base of the lowest lakeward extent of the
40 mature wax myrtle (Myrica cerifera) fringe is measured on the lakeward side
41 of the tree at the base of the trunk.


40D-8.L 8-27









1 If more than one specimen of each indicator species is measured, then the average
2 elevation and standard deviation are calculated for the indicator species. The average
3 elevations of the indicator species are used in the analysis of the Pre-modification Levels.
4 If multiple biological indicators occur on the lake, then the Pre-modification Annual High
5 Level may be determined from the biological indicators using best scientific judgement.
6 If more than one indicator plant species is present and measured, then typically the priority
7 order for use of biological indicators is palmetto, cypress, pine and/or live oak and mature
8 wax myrtle.

9 In the absence of, or in support of, biological indicators, physical indicators may be used
10 to determine the Pre-modification Annual High Level. Physical indicators may include, but
11 not be limited to, one or a combination, of the following:

12 a. The elevation of the toe of the highest landward scarp line. (Bishop, 1967
13 and Knochenmus, 1967).
14 b. Analysis of historic aerial photography, topographic maps, surveys, site plans
15 or other information that may identify locations or elevations of biological
16 indicators of the Pre-modification Annual Level.
17 c. The elevation of stratified beach deposits (Bishop, 1967 and Knochenmus,
18 1967).

19 If none of the above biological or physical indicators exist along the lake shore and
20 cultivated groves of perennial woody species (i.e. citrus trees, pine plantations) occur along
21 the shoreline, then the lowest lakeward elevation of the cultivated species may be used to
22 determine the Pre-modification Annual High Level. The lowest lakeward elevation of the
23 crop shall be measured at the lowest rooted extent of the crop. This method is not
24 applicable if the cultivated species is water dependent or water tolerant crop.

25 3.3.3 Pre-modification Annual Low Level Biological indicators of the Pre-modification
26 Annual Low Level may include, but not be limited to, the average elevation of the
27 soil at the base of the lowest lakeward extent of the cypress (Taxodium sp.) fringe.
28 The elevation of the lowest lakeward extent of the cypress trees shall be measured
29 on the lakeward side of the tree at the base of the trunk.

30 If other biological indicators of the Pre-modification Annual Low Level are proposed,
31 they must integrate water levels over a long period of time and must persist after
32 water levels have receded. For example, due to their rapid growth and colonization
33 rates, the lowest lakeward extent of emergent and floating aquatic plants such as
34 lotus (Nelumbo spp.), pickerel weed (Pontederia spp.), maidencane (Panicum
35 hemitomon) and torpedo grass (Panicum repens) are not a suitable indicator of Pre-
3 6 modification Annual Low Levels.

37 3.3.4 Reference Lake Water Regime The RLWR is used only if stage duration data
3 8 and biological or physical indicators of the Pre-modification Annual High or Annual
39 Low Level are not available. The Reference Lake Water Regime (RLWR)
40 represents a lake level fluctuation range, and therefore cannot be used alone to
41 establish lake levels. The RLWR is used to calculate a Pre-modification Annual
42 High or Annual Low Level once a Pre-modification Annual High Level or Annual Low

40D-8 .L 8-28









1 Level has been determined from one or more of the biological and physical methods
2 described above.

3 3.3.4.1 The Pre-modification Annual High Level is equal to the Pre-modification
4 Annual Low Level plus the RLWR.

5 3.3.4.1 The Pre-modification Annual Low Level is equal to the Pre-modification
6 Annual High Level minus the RLWR.












































40D-8 .L 8-29









1 CHAPTER FOUR DETERMINATION OF POST-MODIFICATION LEVELS

2 4.1 General Post-modification Levels refer to lake water regimes impacted by human
3 activities, excluding water withdrawals. Post-modification levels may be determined
4 from analysis of stage duration data and analysis of modifications of the surface
5 water conveyance systems from the lake. Typically, biological indicators may not
6 be used to establish Post-modification levels. For lakes without stage duration data,
7 Post-modification levels may be determined by the application of the RLWR
8 described in Chapter 5.

9 If Post-modification levels are determined by more than one procedure, the Post-
10 modification levels finally recommended are a reconciliation of the procedures used.
11 Levels determined using analysis of stage duration data take precedence over the
12 levels determined from analysis of outfall elevations and the RLWR unless the
13 stage duration data is determined to be impacted by water withdrawals. Analysis
14 of outfall elevations and application of the RLWR is used only if sufficient stage
15 duration data are not available or if the lake is impacted by water withdrawals.

16 4.2 Analysis of Stage Duration Data This method applies only to those lakes with a
17 minimum of six continuous years of Post-modification stage duration data that have
18 not been impacted by water withdrawals.

19 4.2.1 Post-modification Annual High Level The Post-modification Annual High Level
20 is equal to the elevation corresponding to the P10 value on the Post-modification
21 Stage Duration Curve.

22 4.2.2 Post-modification Annual Low Level The Post-modification Annual Low Level
23 is equal to the elevation corresponding to the P90 value on the Post-modification
24 Stage Duration Curve.

25 4.3 Analysis of Outfall Elevations and Application of RLWR This method is applied
26 to lakes with modified surface water conveyance systems with less than six
27 continuous years of Post-modification stage duration data or lakes with stage data
28 impacted by water withdrawals. The method accounts for modifications to surface
29 water conveyance systems on the lake that does not allow water levels to be
30 maintained above the invert elevation of the outfall.

31 Elevations of outfalls will be measured using accepted survey practices. In the case
32 of open ditches or canals, bottom elevations shall be measured and the highest
33 legally existing and maintained stable point along the outlet profile shall be the
34 control point. For culverts or pipes, the invert (lowest point) of the pipe or culvert
35 shall be measured and this will be the control point. For fixed crest weirs, the
36 elevation of the top of the weir shall be measured and this shall be the control point.


37 Elevations will be established for all outfalls on the lake using the above procedures.
38 If there is more than one outfall on the lake, then the lowest outfall will be
39 considered as the control point.

40D-8 .L 8-30









1 4.3.1 Post-modification Annual High Level, Non-adjustable structurelopen
2 conveyance The Post-modification Annual High Level is equal to the elevation of
3 the lowest legal flow line control. The lowest legal flow line control is the highest
4 stable point along the outlet profile.

5 4.3.2 Post-modification Annual Low Level, Non-adjustable structure/open
6 conveyance The Post-modification Annual Low Level for lakes with less than six
7 continuous years of stage data or lakes with stage data impacted by water
8 withdrawals must be determined using the RLWR described in Chapter 5.

9 The Post-modification Annual Low Level is equal to the Post-modification Annual
10 High Level minus the RLWR.

11 4.3.3 Post-modification Annual High Level, Adjustable Structure The Post-
12 modification Annual High Level is equal to the highest elevation to which the
13 structure can be operated.

14 4.3.4 Post-modification Annual Low Level, Adjustable Structure The Post-
15 modification Annual Low Level is equal to the lowest elevation to which the structure
16 can be operated.






























40D-8.L 8-31










1 CHAPTER FIVE REFERENCE LAKE WATER REGIME

2 5.1 General In some cases there are little or no lake stage data or the existing lake
3 stage data reflects impacts due to human activities (e.g., water withdrawals). For
4 lakes which have sustained long-term water level declines, the P10 and P90 values
5 are generally uncorrelated to Pre-modification biological and physical indicators of
6 water levels. For the case where declines were caused by water withdrawals, the
7 P10 and P90 values can not be used to determine Guidance Levels because they
8 would grandfather effects of the water withdrawals into the adopted levels.

9 The Reference Lake Water Regime (RLWR) was developed to approximate the
10 annual range of lake level fluctuation that typically occurs and corresponds to the
11 range of fluctuation defined by the Annual High and Annual Low Guidance Levels.
12 The RLWR is a regional factor developed for lakes in the same hydrogeologic
13 region as the lakes for which levels are being established. It is applied to lakes with
14 less than six (6) years of stage data or where stage data have been significantly
15 influenced by water withdrawals. The District will continue to investigate methods
16 for calculating the RLWR and to estimate fluctuation ranges which can be used to
17 establish Guidance Levels.

18 Guidance Levels established by use of the RLWR are considered to be provisional
19 until six (6) years of lake stage data have been collected. Following collection of
20 sufficient data, an analysis of the adopted levels and stage data will be conducted
21 and a recommendation made as to whether the Governing Board should consider
22 re-establishing the levels.

23 In many areas of the SWFWMD there are few lakes that are unaffected by human
24 activities. To ensure that the RLWR is based on a representative number of lakes,
25 lakes that are in decline or that have experienced a decline in water levels, are
26 incorporated into the calculation of the RLWR. Though water withdrawals can
27 cause increases in annual lake water level fluctuations, long-term water level
28 declines are the cumulative result of these increases and typically do not occur in
29 a single year. Annual fluctuations in lake levels are still highly related to changes
30 in rainfall. In some instances lakes have experienced changes in annual
31 fluctuations of about 1 foot when comparing changes for different decades (e.g.
32 Horse Lake). A review of the data indicates that large annual fluctuations typically
33 occur in years of high rainfall following a period of low lake stage.

34 5.2 Calculation of RLWR Calculation and application of the RLWR is described in the
35 following sections. The District will continue to investigate methods for calculating
36 the RLWR and to estimate fluctuation ranges which can be used to establish
37 Guidance Levels.

3 8 5.2.1 CASE 1: Closed basin lake with less than six (6) years of stage data

39 The RLWR is calculated from lakes in the same hydrogeologic region as the lake(s) for
40 which levels are being established. Following identification of representative lakes in the

40D-8.L 8-32









1 region, the lake stage data are reviewed and lakes with less than six (6) years of data are
2 removed from the analysis. Annual stage duration curves are prepared for each of the
3 remaining lakes and differences between the annual P10 and P90 levels are calculated.
4 Next, for each lake the median of the annual differences is obtained to establish a median
5 range of fluctuation for the respective lakes. The RLWR is finally calculated as the median
6 of the individual lake medians.

7 5.2.2 Case 2 Lake without data connected to lake with data

8 If a lake for which levels are to be established is connected via a surface water conveyance
9 system to a lake with data, then the RLWR shall be calculated using data from the adjacent
10 lake. The criteria for applying this method are: the lakes must share the same level pool;
11 and the lake must have a minimum of six continuous years of stage data.

12 For example: Lakes Rainbow and Little Moon are connected above 34.67', NGVD and
13 Rainbow Lake has stage data from 1972 to 1996. Therefore, the RLWR used for Little
14 Moon Lake is equal to the median of the differences between annual P10 and annual P90
15 values for Rainbow Lake.

16 5.2.3 CASE 3: Lake impacted by water withdrawals

17 For lakes affected by water withdrawals and that have less than six (6) years of stage data
18 prior to the initiation of withdrawals a site specific RLWR is calculated. The site specific
19 RLWR is calculated using data collected for the lake of interest. Annual stage duration
20 curves are prepared and differences between the annual P10 and P90 levels are
21 calculated. The RLWR is calculated as the median of the annual differences to establish
22 a median range of fluctuation for the lake.

23 5.3 Application of RLWR The RLWR may be used to calculate either Pre-
24 modification Flood Levels or Low Levels depending upon the biological and
25 physical indicators present. The RLWR may also be used to calculate the Post-
26 modification Low Level.

27 5.3.1 Determination of Pre-modification Levels Using the RLWR

28 5.3.1.2 Pre-modification Annual Low Level If there are biological or physical
29 indicators of the Pre-modification Annual High Level then the Pre-
30 modification Annual Low Level can be calculated by subtracting the RLWR
31 from the Pre-modification Annual High Level elevation established by the
32 biological and/or physical indicators.

3 3 Pre-modification Annual Low Level = Pre-modification Annual High Level RLWR

34 5.3.1.3 Pre-modification Annual High Level If there are no unimpacted biological
35 or physical indicators of the Pre-modification Annual High Level, but there
36 are biological indicators of the Annual Low Level, then the Pre-Modification
37 Annual High Level can be calculated by adding the RLWR to the Pre-
38 modification Annual Low Level elevation established by the biological

40D-8 .L 8-33








1 Indicators.

2 Pre-modification Annual High Level = Pre-modification Annual Low Level +
3 RLWR

4 5.3.2 Post-modification Annual Low Level If the natural surface water conveyance of
5 a lake has been modified by construction of ditches or the installation of culverts
6 and there are no Post-modification data available, then the Post-modification
7 Annual Low Level must be determined from the RLWR. In this case, the Annual
8 Post-modification Low Level is determined by subtracting the RLWR from the Post-
9 modification Annual High Level elevation established by analysis of outfall
10 elevations.

11 Post-modification Annual Low Level = Post-modification Annual High Level RLWR

12 Note: To use the RLWR you must have a point at which to start. Either you have
13 a Annual High Level and work down or you have an Annual Low Level and work up.

14 5.4 Determining Effects of Water Withdrawals Before using period of record data
15 to establish Guidance Levels,. it is necessary to determine whether the lake has
16 been or is potentially affected by water withdrawals. If lake levels are influenced by
17 water withdrawals, using the period of record data to establish Guidance Levels may
18 "grandfather" the effects of water withdrawals. Determine effects of water
19 withdrawals on lake levels can be accomplished using one or a combination of the
20 following methods:
21 Analysis of the hydrologic budget of the lake
22 Statistical regression analysis
23 Continuous simulation models
24 Groundwater flow models
25 Analysis of hydrographs
26 Analysis of existing studies



















40D-8 .L 8-34










1 CHAPTER SIX ADDITIONAL INFORMATION SUPPLIED TO THE GOVERNING
2 BOARD FOR ADOPTING LAKE LEVELS

3 6.1 General District staff may provide additional information to the Governing Board
4 when recommending Guidance and Minimum Levels to the Governing Board. This
5 information may include, but not be limited to, bathymetric maps, aerial
6 photographs, and elevations of docks, seawalls, house slabs and other structures.
7 Information regarding typical uses of the lake (i.e., recreational uses, irrigation,
8 potable water supply) and surrounding land uses also may be provided.









































40D-8.L 8-35









1 BIBLIOGRAPHY

2 Bishop, E.W. 1967. Florida Lakes. Part 1, A study of the high water lines of some Florida
3 lakes. Division of Water Resources, Florida Board of Conservation. Tallahassee,
4 FL.

5 Cooke, C.W. 1939. Scenery of Florida: Interpreted by a geologist. Florida Geological
6 Survey. Tallahassee, FL.

7 Davis, Jr., J.H. 1973. Establishment of mean high water lines in Florida Lakes.
8 Publication #24. Florida Water Resources Research Center. Gainesville, FL.

9 Dooris, P.M. and Courser, W.D. 1976. Determining stages and fluctuation schedules for
10 lakes in Central and South Florida. Florida Scientist. 39(1):14-18.

11 Florida Board of Conservation. 1969. Florida Lakes, Part III. Gazetteer. Division of
12 Water Resources. Tallahassee, FL.

13 Holcomb, D. and W. Wegener. 1971. Hydrophytic changes related to lake fluctuation
14 measured by point transects. Proceedings of the Twenty-fifth Annual Conference
15 of Southeastern Association of Game and Fish Commissioners. Charleston, SC.

16 Kenner, W.E. 1961. Stage characteristics of Florida lakes, Informational Circular #31.
17 Florida Geological Survey. Tallahassee, FL.

18 Knochenmus, Darwin D. 1967. Shoreline features as indicators of high lake levels. U.S.
19 Geological Survey Professional Paper 575-C.

20 SWFWMD. 1996. Environmental Resources Permitting Information Manual. Southwest
21 Florida Water Management Districts. Brooksville, FL




















40D-8 .L 8-36










Summary of Major Public Comments on Proposed Revisions To 40D-8


1. Describe criteria for selecting water bodies for which Minimum Levels will be
established. Done

2. Designate which water bodies are below the Minimum Level. Done

3. Clarify that the wetland methodology applies only to those wetlands specifically
listed as having Minimum Levels established. Done

4. Clarify that Minimum Flows and Levels are applicable to Part IV permits. Done

5. Specify whether there is a time element used in determining whether a Minimum
Aquifer Level is met. Done

6. Define normal pool as used in establishing the Minimum Wetlands Level. Done.
There is no standard definition of normal pool. The definition is based on a
description contained in a report prepared by a consultant to the West Coast
Regional Water Supply Authority.

7. Requests that major changes to the methodologies be made. Not done due to
the process that was followed to develop the methodologies currently set forth in
the rule and due to lack of time for staff to evaluate the suggestions due to
rulemaking deadlines.

8. Suggested that the District develop a Water Resource Methodology Manual
setting forth methodologies used to establish Minimum Flows and Levels over
the next year and submit to the DEP for approval. Can not delay setting forth in
this rule the methodologies actually used.

9. Extensive semantical changes suggested. Many were made, others were
rendered moot by other changes that were made..









July 23, 1997

Summary of Proposed Rule 40D-80, July Board Draft

The following is a summary of the main points of the proposed rule.
Changes or additions from the previous draft are highlighted in bold type.

1. Emphasis has been added to make it clear that the proposed
40D-80 is only a portion of the District's phased recovery strategy for
Northern Tampa Bay. (page 1, lines 15 and 16; page 1, lines 31-33;
page 2, lines 5-10).

2. The Rule has been revised to make reference to all the wellfield
operators Pinellas, Pasco, and Hillsborough counties, St.
Petersburg, Tampa, and the West Coast Regional Water Supply
Authority (WCRWSA) so that it will be enforceable whether or not the
WCRWSA Governance initiative comes to fruition (page 1, lines 35-38).

3. The primary focus of the portion of the recovery strategy
encompassed in the rule is the reduction of wellfield withdrawals, as these
withdrawals have caused the overwhelming majority of adverse water
resource impacts in the Northern Tampa Bay area, however, all water
users are addressed (page 1, lines 35-41).

4. The District's intent to address the water resource problems of
the area in a cooperative manner through the Partnership Plan and an
open rule development process is highlighted (page 1, lines 42-44;
page 2, lines 1-10).

5. Although it is anticipated that the District's Partnership Plan and
WCRWSA's Master Plan will be accomplished, the recovery required
by the rule is independent of these initiatives and must be
accomplished whether or not they are successful (page 2, lines 11-
13).

6. The total annual average daily quantity allowed to be withdrawn
from the Central System wellfields is limited to 121 mgd as of the year

1









2002, and 90 mgd as of 2007. Quantities allowable after the year 2010
will be determined during the 2007-2010 time frame (page 2, lines 28-
37).

7. Recovery levels interim water levels that will begin the phased
reduction of withdrawals from the Central System wellfields are
established and required to be met by 2002 and 2007 (page 2, lines 41-
45; page 3, lines 1-8).

8. The wellfield operators may submit for Governing Board
approval an alternative proposal to achieve to distribute wellfield
pumpage so that the Central System wellfields are operated in an
environmentally-balanced manner (page 3, lines 9-28).

9. The District will periodically re-evaluate the recovery strategy
elements within the rule and may alter these elements if warranted (page 3,
lines 29-42; page 4, lines 1-8).

10. The wellfield-operators must submit annual reports to the Governing
Board detailing their progress in developing new sources of supply and
environmental balancing of wellfields pumping (page 3, lines 43-45; page 4,
lines 1-9).

11. The quantity reductions for the wellfields will be implemented by
modifying the wellfields permits, beginning in July of 1998 unless an
alternative method is proposed before then and the Board resets the
date (page 4, lines 10-20).

12. Permitted withdrawals other than the wellfields will be evaluated on a
permit-by-permit basis to determine the appropriate measures that should
be taken for these withdrawals (page 4, lines 21-37).








2









1 RULES OF THE
2 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
3 CHAPTER 40D-80
4 PREVENTION AND RECOVERY STRATEGIES
5 FOR MINIMUM FLOWS AND LEVELS
6
7 40D-80.011 Policy and Purpose
8 40D-80.073 Recovery Strategy For Pasco, Hillsborough and Pinellas Counties
9
10 40D-80.011 Policy and Purpose
11
12 This chapter sets forth the regulatory portions of the recovery or prevention
13 strategies to achieve or protect, as applicable, the Minimum Flows and Levels established
14 for rivers, lakes, wetlands and aquifers in Chapter 40D-8, F.A.C. as required by Section
15 373.0421(2), Florida Statutes (1997). The complete recovery strategy for a given area will
16 be set forth in the District Water Management Plan.
17
18 Specific Authority 120.54, 373.0421, 373.044, 373.113, 373.113, 373.171 FS. Law
19 Implemented 120.54, 373.016, 373.023, 373.0395, 373.042, 373.0421, 373.171 FS.
20 History New
21
22 40D-80.073 Phased Recovery Strategy For Pasco, Hillsborough and Pinellas
23 Counties
24
25 (1) Background
26 Chapter 96-339, Laws of Florida requires the District to establish Minimum
27 Flows and Levels for priority waters within Pasco, Hillsborouqh and Pinellas Counties (the
28 Norther Tampa Bay Area or Area) by October 1, 1997. Those Minimum Flows and Levels
29 are contained within Chapter 40D-8, F.A.C. In establishing those Flows and Levels, the
30 District has determined that the existing water levels in many of the priority waters are
31 below the Minimum Levels. In keeping with Section 373.0421 F.S., the District is
32 expeditiously implementing a recovery strategy for those waters, and this Rule comprises
33 a portion of that strategy.
34 (2A Recovery Strategy Elements
35 (a) The West Coast Regional Water Supply Authority (WCRWSA),
36 Pinellas County, Pasco County, Hillsborough County, the City of Tampa, and the City of
37 St. Petersburg, the last five listed referred to as "Local Governments", water supply
38 facilities account for the majority of water withdrawals within the Area. For this reason,
39 these facilities are the primary focus of the portion of the recovery strategy encompassed
40 by this Rule. Other user's withdrawals result in relatively minimal water resource impacts,
41 however all water users are addressed by this Rule.
42 (b) The District has been engaged in discussions with the WCRWSA on
43 the District's proposed Partnership Plan. The Partnership Plan would make available to
44 the WCRWSA from the District millions of dollars to be used to develop alternative

JULY BOARD DRAFT 80-1









1 sources of water supply. Independently, the WCRWSA Master Plan, December, 1995,
2 provides for the development of 85 million gallons per day (mgd) annual average daily
3 quantity of additional water supply sources and partially offsets additional water supply
4 needs for growth by increased conservation and demand management.
5 (c) This recovery strategy is in keeping with the District's efforts to resolve
6 the water supply and water resource impact concerns of the Northern Tampa Bay area in
7 a cooperative manner with the water suppliers and interested parties. The portion of the
8 District's recovery strategy embodied within this Rule is the first phase of a long-term
9 approach toward eventual attainment of the Minimum Flows and Levels established in
10 Chapter 40D-8, F.A.C.
11 (d The portion of the Recovery Strategy set forth in Chapter 40D-
12 80.073(2) anticipates successful implementation of the Partnership Plan and WCRWSA
13 Master Plan but is independent of and not contingent upon their implementation.
14 (e) Central System Facilities
15 The Central System Facilities are those facilities listed below owned
16 and operated individually or jointly by the WCRWSA and the Local Governments:
17 1. Cosme-Odessa Wellfield
18 2. Eldridge-Wilde Wellfield
19 3. Section 21 Wellfield
20 4. South Pasco Wellfield
21 5. Cypress Creek Wellfield
22 6. Cross Bar Ranch Wellfield
23 7. Starkey Wellfield
24 8. Morris Bridge Wellfield
25 9. Northwest Hillsborough Regional Welifield
26 10. Cypress Bridge Wellfield
27 11. North Pasco Wellfield
28 (f) Quantities Withdrawn from the Central System Facilities
29 1. The total annual average daily quantity available to be
30 withdrawn from the Central System facilities, as further limited by the Recovery Levels
31 specified in Table 80-1, below, and by the specific terms and conditions of each Central
32 System facility water use permit, is as follows:
33 i. 2002-2006: No more than 121 mqd;
34 ii 2007-2010: No more than 90 mgd;
35 iii. After 2010: Quantity will be determined based upon an
36 evaluation of the water resources recovery accomplished and the additional sources that
37 can be developed to offset further pumpage reductions, as necessary.
38 2_ Figure 80-1 is a graphic representation of the Central System
39 quantities available to be withdrawn based on the recovery strategy. The quantities after
40 2010 will be developed based on information available in the 2007-2010 timeframe.
41 (g) Recovery Levels
42 Based on the quantities available to the Central System facilities as specified in 40D-
43 80(2)(f), above, the District has established Recovery Levels for Floridan aquifer sites set
44 forth in Table 80-1, below. These recovery levels are intended to act as interim levels
45 toward eventual attainment of the Minimum Flows and Levels established in 40D-8, F.A.C.

JULY BOARD DRAFT 80-2









1 The WCRWSA and Local Governments shall operate the Central System facilities in a
2 manner that does not cause the Recovery Levels to be exceeded.
3 (h} Environmental Balancinq
4 1. The Central System facilities shall be operated in a coordinated
5 manner to optimize the water resources benefits of reduced withdrawals as new sources
6 are made available to offset water production from the Central System facilities. Water
7 production from the Central System facilities shall be made in accordance with the
8 recovery levels established herein.
9 2. The WCRWSA and the Local Governments may propose to the
10 District Governing Board alternative methods to distribute among the Central System
11 facilities the reduction in withdrawn water quantities which is to occur through the recovery
12 strategy. Such alternative methods may only be implemented following District Governing
13 Board approval. Any alternative method proposed shall give first priority to water resources
14 recovery in and around the Cross Bar Ranch, Cypress Creek, and Starkey wellfields,
15 followed by the remainder of the northwest Hillsborough/Pasco/northeast Pinellas counties
16 area wellfields, and must include:
17 i consideration of the severity of the long term impacts
18 associated with each facility;
19 ii consideration of water resource response to changing
20 production quantities of each facility;
21 iii. consideration of seasonal and annual drought conditions
22 within the area of the Central System facilities;
23 iv. consideration of maintaining or improving operating
24 flexibility for water supply and Minimum Level recovery;
25 v. consideration of any other factors deemed critical to
26 water supply and Minimum Level recovery by the WCRWSA and the Local Governments:
27 vi. consideration of alternate recovery levels which result
28 from the quantity reductions related to the proposed distribution methodology.
29 {i) Periodic Review of Recovery Strategy
30 1. The District shall review the recovery strategy periodically to
31 assess the progress of strategy elements and to determine whether changes to the
32 strategy, including the Recovery Levels and the Central System quantities and time-periods
33 stated above, are warranted. The District will evaluate the water resource recovery
34 attained in light of the reductions in quantities withdrawn achieved based on:
35 i. Whether progress toward and attainment of the recovery
36 levels required by 40D-80.073(2)(q). above, has been achieved; and
37 ii. An evaluation of whether wetland and lake stage-
38 duration data indicate that wetland and lake water levels are improving.
39 2. These reviews shall be based upon reports generated by the
40 WCRWSA and the Local Governments describing the status of all additional sources either
41 developed or in development to offset withdrawals from Central System facilities as well
42 as any other water supply and water resource information available to the District.
43 3. Status reports shall be submitted by the WCRWSA and the
44 Local Governments to the District by October 1 of each year beginning in 1997. The
45 reports shall include:

JULY BOARD DRAFT 80-3









1 i. A description of additional sources developed by the
2 report date;
3 ii. Estimates of timing for completion of additional sources
4 and the quantities associated with each source;
5 iii. A description of environmental balancing activities
6 accomplished as of the report date; and
7 iv. A discussion of planned environmental balancing
8 activities to be accomplished within the next 5 years based upon anticipated additional
9 source development.
10 f(j Implementation
11 The quantity reductions per wellfield resulting from that portion of the
12 recovery strategy set forth in 40D-80.073(2) shall be implemented through modification of
13 the WCRWSA's and the Local Governments' Central System water use permits to reflect
14 the quantity reductions approved by the District Governing Board following submission by
15 the WCRWSA and the Local Governments of the distribution plan required by 40D-
16 80.073(2)(c). Permit modification activities shall commence July 1, 1998, unless an
17 alternate methodology, as set forth in 40D-80.073(2)(h), above, is proposed prior to that
18 date and the Governing Board determines that permit modification should be delayed.
19 However, nothing in this Rule shall be construed to limit the Governing Board's capability
20 of modifying any permit in conformance with 40D-2.331, F.A.C.
21 (k) Recovery Strategy Elements Relating To Other Water Use Permittees
22 Permittees whose water withdrawals impact established Recovery Levels or
23 Minimum Flows and Levels will be evaluated upon permit renewal to determine the
24 permitted's practical ability to implement measures to reduce its impacts on the flow or
25 level during the proposed permit term. The items that shall be considered in this
26 determination include:
27 1. The cost to the permitted to implement the measures;
28 2. The time that it will take the permitted to fully implement the
29 measures;
30 3. Any unavoidable public health, safety or welfare emergency that
31 would be caused by implementation of the measures;
32 4. Whether the water resources benefits gained from
33 implementation of the permitted's measures to attain the Minimum Flow or Level outweigh
34 water resources impacts that may result from the measures; and
35 5. Alternative actions or programs in lieu of or in combination with
36 the measures set forth above that will contribute to the attainment of the Minimum Flow or
37 Level and will optimize the net positive effect on the impacted water resources.
38
39 Specific Authority 120.54, 373.0421, 373.044, 373.113, 373.113, 373.171 FS. Law
40 Implemented 120.54, 373.016, 373.023, 373.0395, 373.042, 373.0421, 373.171 FS.
41 History- New .





JULY BOARD DRAFT 80-4










1 Table 80-1. Recovery Levels
2 Well Name Latitude Longitude Recovery Levels (NGVD)
3 2002 2007
4 (a) T-1 280708 820748
5 (b) T-2 280510 820438
6 (c) T-3 280849 820537
7 (d) A-1 282149 822815
8 (e) CB3E 282221 822419
9 (f) TMR1 281719 822246
10 (Q) TMR3 281745 822342
11 (h) MW500 281204 822240
12 (i 2-1000 281019 822114
13 () MB1 280652 822042
14 (k) MB6 280628 822007
15 () MB13 280656 821751
16 (m) HILLSB 13 280703 823027
17 (n) CALM33 A 280834 823435
18 (o)JAMES11 280653 823415
19 (p) COSME3 280608 823529
20 (a) EW005 281021 823956
21 (r)EW 11 280905 823905
22 (s) EW142 281018 823808
23 (t) MATTS 281102 822924
24 (u) SP42 281036 823056
25 (v) 1A EAST 281006 823852
26 (w) 1A WEST 280922 823955
27 (x) NPMW-2 281907 823344
28 () Debuel 280741 822709
29 (z) Lutz Park 280913 822832
30 (aa) Buchanan 280522 822810
31 (bb) RMP8D1 280342 823256


JULY BOARD DRAFT 80-5










1 Well Name Latitude Lonqitude Recovery Levels
2 2002 2007
3 (cc) Hutchinson #59 280552 823257
4 (dd) Claywell Elem. 280551 823121
5 (ee) N2 281011 823905
6 ff) N4 280945 823804
7 (qq) Eagles WRAP 280609 823830
8 (hh) Lutz Lake Fern 280921 822230
9 (ii) Ledantec 281255 823103
10 (ii) Starkey Regional 281312 823616
11 (kk) Starkey 1A East 281443 823401
12 (II) Starkev 707 281454 823802
13 (mm) MW1 281447 823542
14 (nn) Seven Sprinqs Deep 281223 823933
15 (oo) Starkey Ranch WRAP 281135 823607
16 (pp) NPMW-7 281825 823405
17 (qq) NPMW-11 281631 823411
18 (rr) SR52 West 282010 823737
19 (ss) TMR4 281650 822444
20 (tt) SR52 East 281918 822645
21 (uu) WRW 282324 822853
22 (w)CB1SE 282100 822628
23 (ww) FK6 281938 822423
24 (xx) Morris Bridge 1 280652 822042
25 (w) Morris Bddqe 1,3 280656 821751
26 (zz) DGW2 280827 822055
27 (aa) DMW500 281204 822238
28
29
30
31
32

JULY BOARD DRAFT 80-6










Figure 80-1. Central System Quantities

Based On Phased Recovery Strategy Beginning in 2002
140
2140 121 _121 -_121 _1121_
120

100 90 90 90 TBD*

a 80
(O


40

20
40 ......... -.- -..- ---..
20 -- ___-_-__-_________________________________________

2 0 -- ----------------------------------


2002 2003 2004 2005 2006 2007 2008 2009 2010 2011+
Year

1
2
3
4

5
6 TBD = To Be Determined; The quantities for the period after 2010 will be
7 determined during the period 2007-2010 based on an evaluation of water resources
8 recovery and potential additional water supply sources to be developed.

















JULY BOARD DRAFT 80-7










July 23, 1997

Summary of Major Public Comments On Proposed Rule 40D-80

1. The Rule is lacking enforceability and specific requirements to reduce pumpage
and associated water resource impacts. Considerable new language has been
added that give "teeth" to the proposed rule, dressing both enforceability and
specific requirements of permittees.

2. When evaluating recovery, clarify what will be evaluated. Done language was
added stating that wetland and lake stage duration data will be evaluated.

3. Can other sources be brought on faster than required in the recovery plan? The
recovery plan is based upon the Partnership Plan and the WCRWSA Master
Plan, but the Recovery Levels become effective in any event. Whether other
sources could be developed quicker has not been evaluated.

4. The plan should address the possibility that WCRWSA Governance initiative
fails. Done language was added to clarify that the recovery requirements are
effective whether or not Govemance is successful and that the rule requirements
relate to all wellfield operators, not just WCRWSA.

5. The quantities for the Central System after 2010 should not be allowed to rise.
Quantities after 2010 are highly speculative at this time; language was added to
clarify that post-2010 quantities will be determined in the 2007-2010 timeframe.

6. Identify the criteria used to prioritize the wellfields listed as first to be addressed
in an environmental balancing plan. The wellfields listed are based on several
factors, including the magnitude of affected environmental features and to what
extent the impacts are continuing.

7. Will the Recovery Levels be adopted by rule? Yes the Recovery Levels as
proposed would be adopted by rule.

8. Wetland and lake recovery should be based on the methodologies developed by
the Technical Committee rather than 40D-2 criteria. Done this change was
made.

9. Hillsborough County suggests that the region-wide Recovery Strategy currently
proposed in 40D-80 be dropped and replaced with a case-by-case (wellfield-by-
wellfield) basis through the permit process.

10. Jeff Mathias submitted an elaborate alternate Recovery Strategy for the Central
System wellfields. The proposed Recovery Strategy is favored because it is
based on the Partnership Plan and WCRWSA's Master Plan.





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