Title: Notice of Correction Minimum Flows and Levels Rules
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Permanent Link: http://ufdc.ufl.edu/UF00052681/00001
 Material Information
Title: Notice of Correction Minimum Flows and Levels Rules
Alternate Title: SWFWMD. Notice of Correction Minimum Flows and Levels Rules Chapters 40D-2, 40D-4 and 40D-8, F. A. C.
Physical Description: 13p.
Language: English
Publication Date: September 24, 1997
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 5, Folder 12 ( SF MINIMUM FLOWS AND LEVELS, Volumes 1 and 2 ), Item 28
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052681
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text



NOTICE OF
CORRECTION
MINIMUM FLOWS
AND LEVELS
RULES
CHAPTERS 40D-2,
40D-4 AND 40 D-8,
F.A.C.


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SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

RULE CHAPTER TITLE: RULE CHAPTER NO.:

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

RULE TITLE: RULE NO.:

Publications Incorporated by Reference 40D-2.091

Conditions for Issuance of Permits 40D-2.301

NOTICE OF CORRECTION

Notice is hereby given that the Southwest Florida Water Management

District has made a correction to the notice of proposed rule which

appeared in the Florida Administrative Weekly, Vol. 23, No. 38,

dated September 19, 1997, to add the "Summary of Statement of

Estimated Regulatory Cost" and a statement concerning information

about the Statement of Estimated Regulatory Cost and lower cost

regulatory alternatives. The Statement of Estimated Regulatory

Cost was available at the time the rule was approved by the

Governing Board. The Summary and the statement were inadvertently

omitted from the notice and are as follows:

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST:

Comparison of Current Rule with Proposed Rule Revisions. Proposed

revisions were made to Chapters 40D-2, 40D-4 and 40D-8 of the

Florida Administrative Code (F.A.C.). The proposed rule revision

sets minimum flows and levels for priority water resources in the

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northern Tampa Bay area including (1) Floridan aquifer levels

within northern Hillsborough, Pasco and Pinellas Counties; (2)

northern Tampa Bay area Lakes Barbara, Big Fish, Cypress, Dosson,

Ellen, Helen, Little Moon, Sapphire and Sunshine; (3) Wetland

levels within northern Hillsborough, Pasco and Pinellas Counties;

and (4) the lower Hillsborough River and the Tampa Bypass Canal.

The proposed rule revision also sets out how the Minimum Flows and

Levels affect applicants and permittees under Chapters 40D-2 and

40D-4, F.A.C.

In considering the following discussion of estimated regulatory

costs, it is important to note that the proposed lake, wetland and

aquifer levels will expire on October 1, 1999 unless the proposed

levels, or other levels approved by the Governing Board, are re-

published for rule adoption by October 1, 1999.

The proposed minimum flow for the lower Hillsborough River will

take regulatory effect on January 1, 1999. The proposed minimum

flow for the Tampa Bypass Canal will take regulatory effect upon

the effective date of the proposed rule. The proposed minimum flow

for the lower Hillsborough River is 10 cubic feet per second (cfs)

when water level is at or above 20 feet NGVD at USGS gage 02304500,

and zero cfs when the water level is below 20 feet. The proposed

minimum flow is zero cfs for the Tampa Bypass Canal.

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Where actual water levels in the Northern Tampa Bay area are

determined to be below the proposed minimum levels, the proposed

minimum levels will have no regulatory effect on existing water use

permittees until applicable portions of a recovery strategy have

been implemented. Under current rule, permits-to applicants for

new water use quantities are not being issued where existing

withdrawals have already caused unacceptable environmental impacts.

Where actual water levels are determined to be above the proposed

minimum water levels, water use permit applicants, including

renewals, must demonstrate compliance with the proposed minimum

levels as of the effective date of the proposed rule.

Comparison of the current rule with the proposed rule revision

finds that the rule revision is not significantly different from

current rule in terms of the permitted's or applicant's access to

water from the Floridan aquifer, lakes for which levels are

proposed, the Tampa Bypass Canal and the Hillsborough Reservoir in

the Northern Tampa Bay area. The proposed rule revision is not

expected to impact existing environmental resource permittees.

Requirements for environmental resource permit applicants regarding

protection of wetlands will not be different from that likely to be

required under existing rule. New environmental resource permit

applicants who might have been able to take advantage of a

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withdrawal-lowered surficial aquifer level may incur additional

costs under the proposed rule.

Permittees Likely to be Required to Comply with the.Proposed Rule

Revision. Other than the City of Tampa, the proposed rule revision

will not affect existing water use permittees. The City of Tampa

may need to increase augmentation of the Hillsborough River

Reservoir with water from the Tampa Bypass Canal or may also

augment the reservoir from Sulphur Springs. The additional water

will be used to comply with the minimum flow requirements for the

lower Hillsborough River. The proposed rule revision will not

impact existing environmental resource permittees.

Applicants Likely to be Required to Comply with the Proposed Rule

Revision. The impacts of the proposed rule revision on water use

permit applicants will not be significantly different under the

proposed rule than under existing rule. The proposed rule revision

is consistent with the purpose and intent of the existing Chapter

40D-2.301, Conditions for Issuance of Permits, and the actions that

the District has taken to address adverse impacts of withdrawals

within northern Hillsborough, Pasco, and Pinellas Counties.

There exists a region in the northern Tampa Bay area in which new

Floridan aquifer withdrawals are typically not permitted due to

existing unacceptable environmental impacts. Applicants for new

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withdrawals would have to do so under the competing applications

provisions of Section 373 Florida Statutes, and Chapter 40D-2,

F.A.C., under both existing rules and proposed rules (unless

specifically provided for under a proposed recovery strategy). The

proposed rules-have the potential to cause a small increase in the

size of this region in which additional withdrawals are typically

not permitted. It is not possible to obtain a meaningful estimate

of the future number of permit applicants who will request

withdrawals from this very small additional area. However, it is

possible that one or more persons who would have been able to

obtain permitted quantities in this area under the current rule

would not be as successful under the proposed rule revision.

The proposed rule revision as it applies to the minimum flows

established for the lower Hillsborough River will not change the

ability of applicants to obtain a water use permit for withdrawals

from this river.

New environmental resource permit applicants who might have been

able to take advantage of a withdrawal-lowered surficial aquifer

level will not be able to do so under the proposed rule revision

and, therefore, may incur additional site development costs under

the proposed rule. Under the proposed rule revision, new regulated

40D-4 permitted activities may not suppress a ground or surface

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water level below the minimum level. Therefore, the design of the

surface water management system would have to be based on higher

surficial aquifer levels.

Cost to the District, the State and Local Government Entities. The

proposed rule revisions are not anticipated to incur significant

costs to either the State of Florida or to local government

entities in terms of changes in tax revenues or changes in non-

water-related governmental costs. Tax revenues and the level of

government services are not anticipated to change as a result of

the proposed rule revision.

The cost to the Southwest Florida Water Management District

(District) are those costs that are incremental to current permit

review, monitoring, and enforcement activities that are directly

related to implementation of the proposed rule revisions. The total

one-time cost associated with the proposed rule revision is

estimated to be $509,916. The total annual recurring cost

associated with the proposed rule revision is estimated to be

$65,549. In addition, the incremental cost to review permit

applications for new water quantities to determine if the proposed

minimum flows and levels would be violated will add about $20 per

application to permit application review costs.



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Transaction Costs to Permittees and Applicants. Transaction cost

to the City of Tampa is estimated to be $271,180 per year. This

cost includes estimated capital and annual O&M requirements to pump

additional water from the Tampa Bypass Canal into the lower

Hillsborough River to meet minimum flow requirements.

The proposed rule revision is not anticipated to incur transactions

costs to other existing water use and environmental resource

permittees.

In areas where the actual water level is above the minimum level,

water use permit applicants, including water use permittees who

request additional withdrawals, may incur transaction costs as a

result of the proposed rule revision. Because current rule is

consistent with the proposed rule revision, the additional

transaction costs are not expected to be significantly different

than that which would occur under existing rule.

For environmental resource permit applicants, site development

costs would be expected to increase for those applicants who could

have based their surface water management system design on the

incidentally-lowered water table.

Impact on Small Businesses. Small Cities and Small Counties. There

are no small counties in the affected area. There appear to be



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three small cities in the affected area. Small cities are not

expected to be impacted by the proposed rule revision.

Of the 110 water use permittees in the affected area,. 91 appear to

be private businesses. An estimated 92 percent or 84 businesses

have 100 or fewer employees. None of these permittees is expected

to incur transaction costs under the proposed rule revision. Some

new environmental resource permit applicants in the area may be

small businesses and may be affected by the proposed rule revision.

However, at this time, it is not possible to predict the number or

the cost.

Expected Benefits of Reduced Groundwater Pumping in Northern

Hillsborough. Pasco. and Pinellas Counties. The proposed minimum

flow at the Hillsborough River Reservoir may improve ecological

conditions in the lower portion of the river, particularly between

the Reservoir and Sulphur Springs. Until a recovery plan is

adopted, it is unlikely that groundwater pumping will be reduced

from current levels. Under a recovery strategy, it is unlikely that

groundwater and surface water levels within the withdrawal impact

area will rise above those levels that would result from the

stringent application of existing rules. However, groundwater and

surface water levels in aquifers, lakes and wetlands where minimum

levels and recovery strategies are established are expected to

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increase relative to current conditions. Also, other lakes and

wetlands in the region may experience increased water levels.

Higher water levels may reduce damage to property .owners, other

existing legal water users and environmental resources. Any person

who wishes to provide information regarding the statement of

estimated regulatory costs, or to provide a proposal for a lower

cost regulatory alternative must do so in writing within 21 days of

this notice.

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SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

RULE CHAPTER TITLE: RULE CHAPTER NO.:

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

RULE TITLE: RULE NO.:

Publications and Agreements Incorporated

by Reference 40D-4.091

NOTICE OF CORRECTION

Notice is hereby given that the Southwest Florida Water Management

District has made a correction to the notice of proposed rule which

appeared in the Florida Administrative Weekly, Vol. 23, No. 38,

dated September 19, 1997, to add the following statement regarding

the "Summary of Statement of Estimated Regulatory Cost": Any

person who wishes to provide information regarding the statement of

estimated regulatory costs, or to provide a proposal for a lower

cost regulatory alternative must do so in writing within 21 days of

this notice.

*\rules\03293\noc2.04













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SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

RULE CHAPTER TITLE: RULE CHAPTER NO.

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

RULE TITLE: RULE NO.:

Policy and Purpose 40D-8.011

Definitions 40D-8.021

Implementation 40D-8.031

Minimum Raes-e Flowsw and- Lvl4 40D-8.041

Publications Incorporated by Reference 40D-8 ..91

Guidance Managment- Levels for Lakes

and Other Impuandment3 40D-8.603

Cyclic Variations for Minimum Water Level 40D-8.605

Minimum Flood Levels 40D-8.611

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

Posted Notice 40D-8.616

Operating Levels for Lakes and- Othe

Impoundment with District-Owned

Control Structures 40D-8.621

Sch-edu-- f Levels for Lakes and Wetlands

and Other Imprundment 40D-8 .624

Minimum Aquifer Levels in

Hillsborough County North of

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State Road 60, and Pasco

and Pinellas Counties 40D-8.626

NOTICE OF CORRECTION

Notice is hereby given that the Southwest Florida Water Management

District has made a correction to the notice -of proposed rule which

appeared in the Florida Administrative Weekly, Vol. 23, No. 38,

dated September 19, 1997, to add the following statement regarding

the "Summary of Statement of Estimated Regulatory Cost": Any

person who wishes to provide information regarding the statement of

estimated regulatory costs, or to provide a proposal for a lower

cost regulatory alternative must do so in writing within 21 days of

this notice.

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