Title: Prevention and Recovery Strategies for Minimum Flows and Levels
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 Material Information
Title: Prevention and Recovery Strategies for Minimum Flows and Levels
Alternate Title: SWFWMD. Notice of Rule Development 40D-80 Prevention and Recovery Strategies for Minimum Flows and Levels
Physical Description: 13p.
Language: English
Publication Date: July 11, 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 29
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052682
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

RULE DEVELOPMENT

40D-80

PREVENTION

AND

RECOVERY STRATEGIES

FOR MINIMUM FLOWS

AND LEVELS

0 printed on
recycled paper










SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

RULE CHAPTER TITLE: RULE CHAPTER NO.:

Prevention and Recovery Strategies

For Minimum Flows and Levels 40D-80

RULE TITLE: RULE NO.:

Policy and Purpose 40D-80.011

Recovery Strategy For Pasco,

Hillsborough and Pinellas Counties 40D-80.073

PURPOSE AND EFFECT:

Section 373.042, F.S., requires the District to establish minimum

flows and levels for priority water bodies within Pasco,

Hillsborough and Pinellas Counties ("Northern Tampa Bay") by

October 1, 1997. Section 373.0421(2), F.S., (1997) states that

when the District determines that the actual water level for a

water body is below the established minimum level the district must

expeditiously implement a plan to recover the water levels to the

established minimum. The District is in the process of

establishing the minimum flows and levels required to be

established in Northern Tampa Bay by October 1, 1997, and has

determined that many of the existing levels are below the proposed

levels. The District's recover strategy to achieve the minimum

levels proposed within Northern Tampa Bay is included within this

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Chapter 40D-80. The recovery strategy addresses all water use

permittees use through 2015. However, the West Coast Regional

Water Supply Authority and member governments water supply

facilities are the primary focus of the recovery strategy because

they account for the majority of water withdrawals within Northern

Tampa Bay. The recovery strategy addresses the first phase of the

recovery plan for Northern Tampa Bay. The strategy in part

provides that pumpage from 11 well fields will be reduced from

approximately 140 million gallons per day (mgd) annual average

daily to 90 mgd by 2007; that between 2007 and 2010 pumpage may be

no greater than 90 mgd average daily; and that between 2010 and

2015 pumpage may be no greater than 115 mgd annual average daily.

For other permits, if a withdrawal impacts an established minimum

flow or level, the permit will be evaluated at renewal to determine

the permitt'ee's practical ability to implement measures to reduce

the withdrawal impact on the flow or level.

SUBJECT AREA TO BE ADDRESSED:

This Chapter sets forth the recovery or prevention strategies to

achieve or protect, as applicable, the minimum flows and water

levels established for rivers, lakes, wetlands and aquifers in

Chapter 40D-8, F.A.C., as required by Section 373.0421(2), F.S.

(1997). At this time, the Chapter contains only the first phase of

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the recovery strategy for Pasco, Hillsborough and Pinellas

Counties.

SPECIFIC AUTHORITY: 120.54, 373.0421, 373.044, 373.103, 373.113,

373.171 F.S.

LAW IMPLEMENTED: 120.54, 373.0421, 373.171 F.S.

A PUBLIC HEARING WILL BE HELD ON THE TIME, DATE AND PLACE SHOWN

BELOW:

TIME AND DATE: July 30, 1997, 9 a.m.

PLACE: Southwest Florida Water Management District, Governing Board

Room, 2379 Broad Street, Brooksville, Florida

A WORKSHOP WILL BE HELD ON THE TIME, DATE AND PLACE SHOWN BELOW:

TIME AND DATE: August 12, 1997, 6 p.m. 8 p.m.

PLACE: Tampa Service Office, Board Room, 7601 U.S. Highway 301

North, Tampa, Florida

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT

IS: Karen A. Lloyd, Senior Attorney, Office of General Counsel,

2379 Broad Street, Brooksville, Florida 34609-6899, (352) 796-

7211, extension 4651.

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

40D-80.011 Policy and Purpose

This chapter sets forth the recovery or prevention strategies

to achieve or protect. as applicable, the minimum flows and water

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levels established for rivers, lakes, wetlands and aquifers in

Chapter 40D-8. FA.C. as required by Section 373.0421(2). Florida

Statutes (1997).

Specific Authority 120.54. 373.0421. 373.044. 373.103. 373.113.

373.171 FS, Law Implemented 120.54. 373,0421. 373.171 FS. History -

New

40D-80.073 Recovery Strategy For Pasco, Hillsborouh and

Pinellas Counties




I..L Chapter 96-339. Laws of Florida requires the District to

establish minimum flows and levels fr priority waters within

Pasco. Hillsborough and Pinellas Counties (the Northern Tampa Bay

Area or Area) by October 1. 1997. Those levels are contained

within Chapter 40D-8, F.A.C. In establishing those flows and

levels, the District has determined that the existing water levels

in many of the priority waters are below the minimum levels. The

recovery strategy for those waters through 2015 is set forth in

this Rule .. This strategy includes the phased development of

additional sources by permittees to offset existing withdrawals

which are causing unacceptable adverse environmental impacts within

the Area. and is based upon a certain quantity becoming available

for this offset. This strategy also incorporates periodic review
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of the effects of the recovery strategy so that mid-ter

corrections can be accomplished, if needed.

121 Recovery Strategy Elements Relating to West Coast

Regional Water Supply Authority and Member Governments

The West Coast Regional Water Supply Authority (WCRWSA)

and member governments water supply facilities account for the

majority of water withdrawals within the Area. For this reason,

these facilities are the primary focus of the recovery strategy for

the Area. The recovery strategy is based upon the development of

85 million gallons per day (mgd) annual average daily quantity of

additional water supply sources to partially offset withdrawal

impacts caused by WCRWSA and member governments Central System

(defined below) facilities and to supply future water demand

increases. The recovery strategy is further predicated on the

assumed continued withdrawal of 65 mgd annual average daily

quantities from the Hillsborough River Reservoir/Tampa Bypass Canal

system, and 24 mgd annual average daily quantities from the South

Central Hillsborough Regional Wellfield.

(a) Central System Facilities

The Central System Facilities are those facilities listed

below owned and operated individually or jointly by the WCRWSA and

its member governments:

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i1 Cosme-Odessa Wellfield

2 Eldridge-Wilde Wellfield

Section 21 Wellfield

4. South Pasco Wellfield

5. Cypress Creek Wellfield

6. Cross Bar Ranch Wellfield

7. Starkey Wellfield

8. Morris Bridge Wellfield

j. Northwest Hillsborough Regional Wellfield

10. Cypress Bridge Wellfield

ii. North Pasco Wellfield

(b). Quantities Withdrawn from the Central System Facilities

J. The total quantity available to be withdrawn from the

Central System facilities, as limited by the specific terms and

conditions of each of the Central System facility's water use

permits, is as follows:

i. Prior to 2007: Up to 140 million gallons per day (mqd)

annual average daily quantity as limited by specific terms and

conditions of each of the Central System facility's water use

permits :





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ii. 2007-2010: Up to 90 mgd annual average daily quantity as

limited by specific terms and conditions of each of the Central

System facility's water use permits;

iii, 2010-2015: Up to 115 mgd annual average daily quantity as

limited by specific terms and conditions of each of the Central

System facility's water use permits.

2. Figure 80-1 depicts the Central System quantities

available to be withdrawn based on the recovery strategy. Figure

80-2 depicts the quantities to be reduced over time based on the

recovery strategy. For both Figures, the quantities other than for

years 2007 and 2015 are merely interpolations between points for

illustrative purposes and are not intended to be binding.

(c) Environmental Balancing

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

coordinated manner to optimize the environmental benefits of

reduced withdrawals as new sources are made available to offset

water production from the Central System facilities. Water

production from the Central System facilities shall be reduced in

accordance with the recovery strategy. The WCRWSA. by July 1.

1998, shall develop and implement a method to distribute among the

Central System facilities the reduction in withdrawn water

quantities which is to occur through the recovery strategy. The

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method must include consideration of:

i. the severity of the long term impacts associated with each

facility;

ii. environmental response to changing production quantities

of each facility;

iii. seasonal and annual drought conditions within the

Central System facilities;

iv, maintaining or improving operating flexibility for water

supply and minimum level recovery; and

v. any other factors considered critical to water supply and

minimum level recovery by the WCRWSA.

2. Prior to its implementation, the WCRWSA shall submit to

the District Governing Board the document explaining the

distribution methodology for approval. The methodology can be

modified by the WCRWSA based on operating experience once



starts. Modifications to the methodology shall be submitted to the

District Governing Board for approval prior to implementation.

(d) Periodic Review of Recovery Strategy

The District shall review the recovery strategy periodically.

but not limited to the dates by which the status reports described

below are due. to assess the progress of strategy elements and to

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*



determine whether changes to the strategy are warranted. The

District will evaluate the recovery attained in light of the

reductions in quantities withdrawn achieved by the due date of each

status report described below. These reviews shall be based. in

part, upon reports generated by the WCRWSA describing the status of

all additional sources either developed or in development to offset

withdrawals from Central System facilities. Status reports shall

be submitted by the WCRWSA to the District by October 1 of the

years 2002. 2007. and 2010. The reports shall include:

.. A description of additional sources developed by the

report date:

2. Estimates of timing for completion additional sources and

the quantities associated with each source:

3. A description of environmental balancing activities

accomplished as of the report date: and

4. A discussion of planned environmental balancing

activities to be accomplished within the next 5 year period based

upon anticipated additional source development.

(3) Recovery Strategy Elements Relating To Other Water Use

Permittees

Permittees whose water withdrawals impact established minimum

flows and levels will be evaluated upon permit renewal to determine

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the permitted's practical ability to implement measures to reduce

its impacts on the flow or level during the proposed permit term.

The items that shall be considered in this determination include:

a.) The cost to the permitted to implement the measures;

(b) The time that it will take the permitted to fully

implement the measures;

icL Any unavoidable public health, safety or welfare

emergency that would be caused by implementation of the measures;

(d) Whether the water resources benefits gained from

implementation of the permitted's measures to attain the minimum

flow or level outweigh water resources impacts that may result from

the measures; and

(e) Alternative actions or programs in lieu of or in

combination with the measures set forth above that will contribute

to the attainment of the minimum flow or level and will optimize

the net positive effect on the impacted environmental systems.

Specific Authority 120.54. 373.0421. 373.044. 373.113, 373.171 FS.

Law Implemented 120.54. 373.0421. 373.171 FS. History New










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Figure 80-1. WCRWSA Central System Quantities

Based On Recovery Strategy













Year







Figure 80-2. Wellfield Reduction Quantities
120-
20 X X














97 98 99 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Year

140- 11 -
100





20-
















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The Southwest Florida Water Management District does not

discriminate on the basis of any individual's disability status.

Anyone requiring reasonable accommodation as provided for in the

American's With Disabilities Act should contact Dianne Lee at

(352)796-7211 or 1-800-423-1476, extension 4658; TDD only number 1-

00-231-6103; FAX number (352)754-6878/SUNCOM 663-6878.

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12 -JUL 111997




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