Title: Notice of Proposed Rule Minimum Flows and Levels Rules
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 Material Information
Title: Notice of Proposed Rule Minimum Flows and Levels Rules
Alternate Title: SWFWMD. Notice of Proposed Rule Minimum Flows and Levels Rules, Chapters 40D-2, 40D-4 and 40D-8, F. A. C
Physical Description: 145p.
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 32
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052685
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
PROPOSED RULE
MINIMUM FLOWS
AND LEVELS
RULES
CHAPTERS 40D-2,
40D-4 AND 40D-8,
F.A.C.

,' ^,A:










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

PURPOSE AND EFFECT:

Simultaneously with this notice of rulemaking, the District is also

giving notice of rulemaking to establish the Minimum Flows and

Levels required by Section 373.042, F.S. (1996), for the'District's

designated priority water bodies within Pasco, Hillsborough and

Pinellas Counties by October 1, 1997. The changes to the Basis of

Review for Water Use Permitting set out below set forth how the

established Minimum Flows and Levels will be used in the District's

Water Use Permitting Program.

SUMMARY:

The proposed rules provide that:

1. Where the actual water level is at or above the Minimum

Flow or Level, all applications for permits (new or renewal) will

be evaluated to ensure that they do not cause the actual flow or

level to fall below the Flow or Level.



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2. Where the actual Flow or Level is below the Minimum Flow

or Level:

a. Unless allowed by the applicable recovery strategy,

no new quantities will be permitted and the applicant must compete

for water that would otherwise be authorized under the recovery

strategy.

b. Existing permits that cause the actual Flow or Level to

be below the Minimum Flow or Level are subject to a recovery

strategy when implemented by the District.

c. Until a recovery strategy is implemented by the District

a Minimum Flow or Level will have no permitting impact on existing

permittees or renewal applicants.

d. When a recovery strategy is implemented in Northern Tampa

Bay, applicants and existing permittees must comply with the

recovery strategy, Chapter 40D-2, F.A.C., and the Basis of Review,

with the exception that compliance with Rules 40D-2.301(b) and (c),

F.A.C., (wetland, lake, etc., impacts) and Section 4.2 of the Basis

of Review is not required as they relate to existing impacts.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST:

SPECIFIC AUTHORITY: 373.0421, 373.044, 373.113, 373.149, 373.171

FS.



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LAW IMPLEMENTED: 373.0421, 373.219, 373.223, 373.229, 373.239,

373.243 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING

WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

TIME AND DATE: To be announced.

PLACE: Southwest Florida Water Management District, Governing Board

Room, 2379 Broad Street, Brooksville, Florida

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE 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-2.091 Publications Incorporated by Reference

The "Basis of Review for Water Use Permit Applications"

Ap:il 11, 10 0, 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 373.0421. 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

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(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) through (c) No change.

(d) Will comply with the provisions of 4.3 of the Basis of

Review described in 40D-2.091 not ..au .. water 0vo o r r.at n of

flow to deviate from the rangEo c.t forth in Chaptr 140D 0;

(e) through (n) No change.

(2) and (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,



WATER USE PERMITTING BASIS OF REVIEW

The following changes are made to Chapter 4.0:

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 Chapter 40D-8. F.A.C.. as follows:

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1. For water bodies where the actual flow or level is at or

above a Minimum Flow or Level, withdrawals shall not cause the

actual flow or level to fall below the Minimum Flow.or Level on a

Long-term average basis. "Long-term" means an evaluation period

used in assessing withdrawal impacts through modeling or

statistical data analysis that represents a period of time of

sufficient length such that the evaluation period is insensitive t

unstable fluctuations of the variables utilized in the assessment

.e.g.. chances in withdrawal rates. and changes in hydrologic

conditions. in order to simulate steady state conditions. This

will vary because professional judgement is necessary to establish

the parameters to be used in the assessment of each application

depending on the geology and climate of the area of withdrawal. the

depth of and number of wells and the quantity to be withdrawn.

2. With regard to existing permits and renewal applicants.

where a withdrawal impacts a Minimum Flow or Level established in

Rules 40D-8.624 or 40D-8.626. F.A.C.. and the actual level at any

of the Minimum Flow or Level sites is below the Minimum Flow or

Level and the District has not yet implemented a recovery strategy

pursuant to Section 373.0421(2). F.S.. the provisions of this

Section 4.3 and Rule 40D-2.301(I) (d). F.A.C., do not apply.



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3. For water bodies where the actual flow or level is below

the Minimum Flow or Level and the District has implemented

regulatory requirements as part of a recovery strategy pursuant to

Section 373.0421(2) F.S .. which will be contained within the

District's Water Management Plan. the following apply:

a. Unless otherwise provided for in the District's recovery

strategy, additional withdrawal quantities shall not be allowed and

applications for new uses of water must compete under Section

373.233. F.S.. for a quantity of water that would otherwise be

authorized by the District under the recovery strategy.

b. Existing permits with withdrawals that cause or contribute

tQ the existing flow or level being below the Minimum Flow or Level

will be subject to a recovery strategy as described in Rule 40D-

8.031(4) (b) and Chapter 40D-2. F.A.C.

4. Within those portions of Hillsborouah County north of State

Road 60. and Pasco and Pinellas Counties for which a recovery

strategy has been implemented by the District, where a withdrawal

impacts a Minimum Flow or Level established in Rules 40D-8.624 or

40D-8.626. F.A.C.. and the actual level at any of the impacted

Minimum Flow or Level sites is below the Minimum Flow or Level.

applicants and existing permittees shall demonstrate compliance

with all the requirements of the recovery strategy adopted by rule

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and applicable to the affected water body. Chapter 40D-2. F.A.C..

and this Basis of Review with the exception that compliance with

Rules 40D-2.301(1) (b) and (c). F.A.C.. and Section 4.2 of the Basis

of Review is not required as they relate to existing impacts.

Water withdrawal's mut net cauoz.

1. -Lake lv .l to be r duocd b elow the applicabl minimum

water lovol z tabliahzd in Chapter 40D 0, F.A.C.

23. Ctrzamflow to be reduced below the mini-mum regulatory

flow l vl ao catabli h d in Chapter 40D 0, F.A.C.

3. eotcntiomttric surface e wat.r tabl o.-l oev a te b

reduced below minimum regulatory levol catabliahzd in

Chapter 40D 0, F.A.C.

NAME OF PERSON ORIGINATING PROPOSED RULE: Karen A. Lloyd, Senior

Attorney, Office of General Counsel

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE:

Governing Board of the Southwest Florida Water Management District

DATE PROPOSED RULE APPROVED: September 9, 1997

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 6,

1997

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

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American's With Disabilities Act should contact Dianne Lee at

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

800-231-6103; FAX number (352)754-6878/SUNCOM 663-6878.

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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

PURPOSE AND EFFECT:

Simultaneously with this notice of rulemaking, the District is also

giving notice of rulemaking to establish the Minimum Flows and

Levels required by Section 373.042, F.S. (1996), for the District's

designated priority water bodies within Pasco, Hillsborough and

Pinellas Counties by October 1, 1997. The changes to the Basis of

Review for Environmental Resource Permitting set out below set

forth how the established Minimum Flows and Levels will be used in

the District's Environmental Resource Permitting Program.

SUMMARY:

The proposed rules require permit applicants to provide reasonable

assurances that the regulated activity and design will not reduce

or suppress the flow of watercourse or the level of a surface water

body below an established Minimum Flow or Level.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST:



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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

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

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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.

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



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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

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

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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

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.



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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

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

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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.

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

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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

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

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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

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.

SPECIFIC AUTHORITY: 120.54(8), 373.0421, 373.044, 373.046, 373.113,

373.171, 373.414 FS.

LAW IMPLEMENTED: 120.54(8), 373.046, 373.403, 373.413, 373.414,

373.416, 373.429 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING

WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

TIME AND DATE: To be announced.

PLACE: Southwest Florida Water Management District, Governing Board

Room, 2379 Broad Street, Brooksville, Florida

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE 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:

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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, July 22, 1 ." This document is available

from the District upon request.

(2) and (3) No change.

Specific Authority 120.54(8), 373.0421. 373.044, 373.046, 373.113,

373.171, 373.414 FS. Laws Implemented 120.54(8), 373.0421. 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 OFREVIEW FOR

ENVIRONMENTAL RESOURCE PERMIT APPLICATIONS WITHIN

THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

The following changes are made to Chapter Three Environmental:

3.2.2.4 Water quantity impacts to wetlands and other surface

waters:



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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) through (c) No change.

(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.

The following changes are made to Chapter Four Water Quantity:

4.6 Overdrainage and water conservation Where practicable,

systems shall be designed to:

1. through 6. No change.

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.

NAME OF PERSON ORIGINATING PROPOSED RULE: Karen A. Lloyd, Senior

Attorney, Office of General Counsel



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NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE:

Governing Board of the Southwest Florida Water Management District

DATE PROPOSED RULE APPROVED: September 9, 1997

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 6,

1997

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-

800-231-6103; FAX number (352)754-6878/SUNCOM 663-6878.

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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 Refe-e Flows and Love.la 40D-8.041

Publications Incorporated by Reference 40D-8.091

Guidance Mangement Levels for Lakes

"and Otherr IAmpundment 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 Other

Impaundment. with District-Owned

Control Structures 40D-8.621

Schedule- f Levels for Lakes and Wetlands

"and Oth rmpoundment. 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

PURPOSE AND EFFECT:

To establish minimum flows and levels to satisfy the requirements

of Section 373.042, F.S. Section 373.042, F.S. requires that

minimum flows and levels be established for the District's

designated priority water bodies within Pasco, Hillsborough and

Pinellas Counties by October 1, 1997. The draft rules establish

minimum flows and levels for the priority water bodies. The

proposed rules also set forth informational provisions which

instruct where the implementing rules are located within the

District's Water Use and Environmental Resource Permitting

Programs. The previously adopted levels for lakes within the

District are renamed to avoid confusion with those lake levels

adopted pursuant to the proposed methodology.

SUMMARY:

The proposed rules provide the following:

1. Establishes Minimum Levels for the following lakes:

a. In Hillsborough County: Sapphire Lake, Cypress Lake,

Dosson Lake, Sunshine Lake, Lake Helen, Lake Ellen, Lake Barbara,

Little Moon Lake.

b. In Pasco County: Big Fish Lake

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2. Establishes Minimum Levels in wetlands at specified sites

within portions of Hillsborough, Pasco, and Pinellas Counties.

3. Establishes Minimum Levels in the Floridan aquifer at

specified sites within portions of Hillsborough, Pasco, and

Pinellas Counties.

4. Establishes Minimum Flows for the Hillsborough River and

the Tampa Bypass Canal.

5. Specifies that the City of Tampa may meet the

Hillsborough River Minimum Flow by diverting flow from the

Reservoir or Sulphur Springs, and that the Minimum Flow for the

Hillsborough River must be met beginning January 1, 1999.

6. Clarifies that the effect of Minimum Flows and Levels on

permits is specified in Chapters 40D-2 and 40D-4, F.A.C.

7. Adds a provision so that Minimum Flows and Levels adopted

through these Rule amendments will sunset October 1, 1999.

8. Levels formerly known as Management Levels, including the

10-Year Flood Warning Level, the Minimum Low Management Level, and

the Extreme Low Management Level are renamed Guidance Levels.

These Guidance Levels are adopted for informational purposes only

and have no regulatory effect.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST:



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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

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

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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.

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



5 -










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

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

6 -










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

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.



7 -










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

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

8 -










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.

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

9 -










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

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

10 -










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

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.

SPECIFIC AUTHORITY: 120.54(1), 373.016, 373.023, 373.042, 373.0421,

373.044, 373.085, 373.086, 373.103, 373.113, 373.133, 373.149,

373.171 FS.

LAW IMPLEMENTED: 120.53, 120.54(1), 373.016, 373.023, 373.026,

373.0395, 373.042, 373.0421, 373.044, 373.085, 373.086, 373.103,

373.171, 373..339 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING

WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

TIME AND DATE: To be announced.

PLACE: Southwest Florida Water Management District, Governing Board

Room, 2379 Broad Street, Brooksville, Florida

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Karen A.

Lloyd, Senior Attorney, Office of General Counsel, 2379 Broad



11 -










Street, Brooksville, Florida 34609-6899, (352) 796-7211, extension

4651.

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

40D-8.011 Policy and Purpose.

(1) The purpose of Chapter 40D-8. FA.C. is to establish

Mmfinimum E-lows and L--evels at specific locations throughout the

District pursuant to Sections 373.042 and 373.0421. F.S.. to

describe Guidance Levels for lakes, and to describe how the Minimum

Flows and Levels will be used by the District. In those areas

where the actual flow or water level is below the Minimum Flow or

Level the District will implement a recovery strategy which will be

contained within the District's Water Management Plan and. if

required by law. portions or all may be adopted by rule.

(2) Where appropriate, minimum E-lows and L-evels may reflect

seasonal variations and may include a schedule of variations and

other measures appropriate for the protection of non-consumptive

uses ande the water resources.

(3) A further purpose of Chapter 40D-8, F.A.C.. is to

establish minimum-flood levels and warning levels for surface

waters which are anticipated to occur on a somewhat regular basis,

and which shall serve as a precautionary warning to all persons who



12 -










would propose to construct facilities which may be damaged by

periodic high water levels.

(4) Minimum Ef-lows and L3-evels prescribed in Chapter 40D-8.

F.A. C. are used as a basis for imposing limitations on withdrawals

of water and. the design and construction of surface water

management systems. ce-rtain o-thr activiti-. These limitations are

prescribed in this and other chapters pa-rt of the rules of the

District-- as specified in Rule 40D-8.031(3). F.A.C.

Specific Authority 120,54. 373.016, 373.023, 373.044, 373.103 FS.

Law Implemented 373.026, 373.042, 373.044. 373.086 FS. History -

New 6-7-78, Amended 1-22-79, Formerly 16J-8.01. Amended



40D-8.021 Definitions.

The terms set forth herein shall have the meanings ascribed to

them unless the context clearly indicates otherwise, and such

meanings shall apply throughout all District these rules. Te

facilitate caoizr reference, certain tcrm3 defined by applicable

otatutc have beon included verbatim with appropriate citation. The

terms defined in Rule 40D-1.102. F.A.C.. 40D 0.021 shall also apply

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

(1) "Guidance Levels" Levels, determined by the District

using the best available information and expressed in feet relative

13 -










to National Geodetic Vertical Datum, used as advisory information,

including for the District, lake shore residents and local

governments or to aid in the control of adjustable structures. For

lakes for which levels were adopted after September 9. 1997.

Guidance Levels include Ten Year Flood Warning Level; Pre-

modification Annual High Level: Post-modification Annual High

Level: Pre-modification Annual Low Level: and Post-modification

Annual Low Level. For lakes for which levels were adopted before

September 9. 1997. Guidance Levels are the Ten Year Flood Warning

Level, the Annual Flood Level, the Low Level, and. if adopted for

the lake, the Extreme Low Level.

(2) "Long-term" An evaluation period used in assessing

withdrawal impacts through modeling or statistical data analysis

that represents a period of time of sufficient length such that the

evaluation period is insensitive to unstable fluctuations of the

variables utilized in the assessment e.g., changes in withdrawal

rates, and hydrologic conditions, in order to simulate steady state

conditions. This will vary because professional judgement is

necessary to establish the parameters to be used in the assessment

of each application depending on the geology and climate of the

area of withdrawal, the depth of and number of wells and the

quantity to be withdrawn.

14 -











(3) "Minimum Flow" means the level of flow for a surface

watercourse at which further withdrawals would be significantly

harmful to the water resources or ecologv of the area.

(1)-"Managoment rang," mcans thbedifforonco-botween -th

cotablijhcd minimum water lvCli aand minimum flCood 10eCl, and




torc wat.t. er,1to prLe-.-ePrv- non consumptivc ues of a e surface watr

bodyCand within thi6, range thv Diatrict appli.o and rquirca boto

.urfac water managoL1mo-L-m.nt practice.. .e

(41) 2- "Minimum water- I-evel" means the level of surface

water, water table, or potentiometric surface at which further

withdrawals would be significantly harmful to the water resources

of the area. Such level shall be expressed as an elevation, in feet

relative to National Geodetic Vertical Datum. above mean aca level,

ad may incorporate a elow managCement level and a oftextreme

managomont lovol, which together catablioh the lower limito of the

management range, t which a water body hall be allowed ta

fluctuate naturally.
.w LL&%,, ,, 4 6 J6. V.. %..,- ..6 .L ." .. %.0 646%, J6.L. &J4 A .d6V0 A. .6 L 6&.A- %o NJ A



(5) "Management Range" means, for those lakes with levels

adopted on or after September 9. 1997. the difference between the

applicable Annual Low Level and Annual High Level pursuant to Rule

40D-8.603. F.A.C. For lakes with levels adopted prior to September

15 -











9. 1997. management range means the difference between the Low

Level. or Extreme Low Level, if adopted for the lake. and the

Annual Flood Level.

-()"Minimum flood level" means tho high3ot lovol to which a
A./ i C i JiL%.0 v %.0_ L L.L & .0 .L.I%.v 66 .J6M & %o 6.0 J6 % vo V %.. L T, && -- %.a. l .

aurfacc water body Vhall be allowed to fluctuate without

Sinte rf rnce e xc pt a pprovd by the Board for the purp f

concrving the watora in the Ctate oo aR to realize their full

beneficial. l uo uch lvol %hall boe exproewd ao an olevation,- i

foot above mean Usa lovl.









recurring interval, Cr on a frequency of ct greater than a toe

percent (108) probability of occurrence in any given year, ao

determined from analyoia of beat available data.

(5) "Bost aurfaco water m- ag-ement practice" in the d.cign,

c*natruction, operation, and maintenance Cf atructuroa or dcvicca

roquirco a conaideration and evaluation of both long term and

haort term effocta of the activity upon the water roaourcoa of tho

District. Factor to be conaiderod include the following.

(a) Conaorvation and proper utilization of surface water.




16 -











(b) LProvention of damage from6 flood, %oil OrooAin, and




(-) Drocorvation of natural rcaourcco, fiah, and wildlife.




(e) Non consumptive uaca, including but not limited to,

navigation, recreation, and acathetic4.

Specific Authority 120.5. 373.016, 373.023, 373.044, 373.103 FS.

Law Implemented 373.016, 373.042, 373.044 FS. History New 6-7-78,

Amended 1-22-79, Formerly 16J-8.02. Amended

40D-8.031 Implementation.

(1) The proviaion of Chapter 40D 0 of thc rule3o aChall

continue to be implemented a- of May 2, 1570, within the
Ilillaborough River, -Northweat Il..illaborough, C. C amp, Aafia

0-L & %A W 4, %- v -L. I L L %. o A& 1 6- -o %o J6 L-1.%0, VT .-6.LI .LL J ..L --%w .


River, Coaat.al Rivera,. ana ota, Peace River, .ithlacooche River

and -inollaa Anclote River Daaina and hall be implemented

imm Lediately and hall apply within th & e area annexed into the

District by Chapter 70 TG, Lawa of Florida, .and hall apply a-




(a) Management lovela of lake and other impoundmenta aa

preacribed herein hall become effective immediately upon.

1. Installation of a ataff gauge in a prominent location on

the water body,

17 -











A2 Docting of notice to the public purouant to Rule 40D W0.G1G.,




3. DPublication of notice in a Qnapapcr having general
%.,J-L %A, W -6 A.%%-L %o4 --L &&--L %wo ItV E)4 U L %..%0I.%, A -A. %o era
%.4e %.0% . LJ6%64 V A.&4= %m* L L -,L 1

circulation within thL affe .cted area.

(b) The extreme low management lvl ao adjuaCted by the cyclic

variation hall becomeeffective when similarr notice haa been




.1.. No Guidance .manage.en.. L-evels shall be prescribed for

any reservoir or other artificial structure which is located

entirely within lands owned, leased, or otherwise controlled by the

user, and which require water only for filling, replenishing, and

maintaining of the water level thereof, provided however:

(a) No change.

(b) That the Pre-modification or Post-modification Annual

High. as applicable minimum f %loAd level purouant to Rulow 40D 0 .0%21

and-- 4D 0.6 and the Ten Year Elood Wwarning L-evel. all as

determined pursuant to the procedures set forth in the District's

Lake Level Methodology Manual incorporated by reference in Rule

40D-8.091. F.A.C.. pursuant to Rul.a 40D 0.021 and 40D O.G13 may be

established for any lake or oth--r impoundmnt determined by the

Board to be in the public interest.



18 -










(2) 3f* No Guidance manageme t Lrevels shall be prescribed for

Lake Manatee in Manatee County, Ward Lake in Manatee County, the

City of Tampa Reservoir on the Hillsborough River in Hillsborough

County, and the Peace River/Manasota Regional Water Supply

Authority Reservoir6 n&ral Dv pm nt Utiliti- R erv.ir

c.n-tructd in connection with the C- uthw6 t Flrida Water

Managmnt Ditrict' Prmit umbr 750001,74 172, and 75 290 in

DeSoto County.

(3) New water use or surface water management activity shall

not cause an established Minimum Flow or Level to be reduced or

suppressed. In addition, the effects of ground water withdrawals

shall not be considered in the design of surface water management

systems permitted under Chapters 40D-4. 40D-40. or 40D-400. F.A.C.

The manner in which the Minimum Flows and Levels established in

this Chapter 40D-8. F.A.C.. are implemented in the District's

Consumptive Use and Environmental Resource Permitting Programs is

described in Rule 40D-2.301.F.A.C.. and Section 4.3 of the Basis of

Review described in Rule 40D-2.091. F.A.C.. and Sections 3.2.2.4

and 4.6 of the Basis of Review described in Rule 40D-4.091. F.A.C.

(4) Where the actual flow or level of a water body is below

the Minimum Flow or Level,. pursuant to Section 373.0421(2). F.S..

the District shall expeditiously implement a recovery strategy with

19 -










the intent to achieve recovery to the established Minimum Flow and

Level as soon as practicable. Where required by law. the portion

of the recovery strategy containing criteria that must be met by

permittees and applicants under Chapters 40D-2 and 40D-4. F.A.C..

shall be adopted by rule. The entire recovery strategy shall be

contained in the District's applicable Regional Water Supply Plan

for the area. and the District's Water Management Plan.

(5) The District shall annually update the Governing Board

regarding the status of the water levels for those water bodies for

which Minimum Flows or Levels have been established, and. where

appropriate, the Governing Board may. through rulemaking. change

the status reflected in the tables set forth in Rules 40D-8.624 and

40D-8.626. F.A.C.

(6) Establishment of a Minimum Flow or Level shall not be

deemed to be a determination by the Governing Board that any

quantity above the established Minimum Flow or Level is available

for allocation to consumptive uses. For example, the District may

by regulation or order reserve such quantities as it deems

necessary pursuant to Section 373.223(3). F.S.

Specific Authority 12&.54. 373.016, 373.023, 373.044, 373.103 FS.

Law Implemented 120.543, 373.016, 373.023, 373.042. 373.0421.

373.044, 73.086. 373.103 FS. History New 6-7-78, Amended 10-16-

20 -










78, 1-22-79, Formerly 16J-8.03, Amended 3-23-81.



40D-8.041 Minimum Rates--e Flows- and Level .

(1) Minimum Flows For the Lower Hillsborough River

(a) For the purposes of Minimum Flows, the Lower Hillsborouah

River is defined as the river downstream of Fletcher Avenue. The

Lower Hillsborough River includes Sulphur Springs, an artesian

spring that enters the River via a short spring run located 2.2

miles downstream of the Hillsborough River.

(b) The Minimum Flow for the Lower Hillsborouah River at the

base of the City of Tampa's dam shall be ten (10) cubic feet per

second (cfs) when the surface water elevation at USGS gauge

02304500 is at or above 20.0 feet NGVD and 0.0 cfs when the surface

water elevation is below 20.0 feet NGVD. This Minimum Flow has

been determined based on the structural alterations in and along

the River and the dependence of viable ecological communities

downstream of the dam with flows from the Hillsborouah River

Reservoir and Sulphur Springs. The City of Tampa may meet this

flow requirement by diverting flow from Sulphur Springs or the

Reservoir. The required flows will become effective January 1.






21 -











(c) The District will establish a Minimum Flow for Sulphur

Springs in the future. As part of that process the District will

evaluate if additional flows from Sulphur Springs are available to

supplement the Minimum Flow for the Hillsborouah River at the base

of the City of Tampa's dam.

(2) Minimum Flows for the Tampa Bypass Canal

(a) The Tampa Bypass Canal extends 12 miles from above

Fletcher Avenue to McKay Bay. Structure 160 serves as the barrier

between the freshwater and tidal portions of the Tampa Bypass

Canal,

(b) The Minimum Flow for the Tampa Bypass Canal at Structure

160 is 0 cfs. This Minimum Flow accounts for the structural nature

of the Canal, its operational constraints and the relationship of

ecological communities in the tidal reaches of the Canal and McKay

Bay with freshwater flows through Structure 160.

(c) The Minimum Flow for the Tampa Bypass Canal at Structure

160 is established specific to the physical configuration and

operations constraints of the Tampa Bypass Canal as they exist at

the time of adoption of this Minimum Flow. If physical

modifications to the Tampa Bypass Canal are made. the District

shall reevaluate the Minimum Flow at Structure 160.



22 -










--(1) In catablihing minimum ratca of fleow and lovola and

regulatory lovola, the Doard hall uao the beat information and

method avRailable and will conaida r the protection of oxi*ting, ao

well- a future conaumRptiv uLco- of water o0 a. to promote the

o nacrvation, d6vlopme t and proper utili action of water while

preventing damage from flood, -oil oroaion,- and exceaoiv

drainage. When docqmtd appropriate, a achodulo of rato of flow and

lv ls may be- cotabliohod to reflect -ocaonal or cyclic

variation. ..Th. e Dard will al.o consider, and at ita diacrtion




navigation, recreation, and the preaorvation of natural rocourcoa,

fiah, and wildlife.

(2) Unloaa othorwiac deemed appropriate by the Doard, the

minimum ratoc of flow at a givon point on a-atroama or other

watcrcourac hall beocatabliahod by the Doard for each month,

January through December. M ini mum ratoa of flow -Chall be

catablihd tas. follow. For oeach month, theo five () lAweort

monthly mean diachargio for the preceding twenty (20) yaara hall

be av rage d. inimt rato of flow hall b%.e coatabli.ahd aa acvon r ty=

SperLtL (70.) of theoc valuc for the four () w ttat month and

ninety percent (00t) of thea valuc for the remaining eight (0)

monatha. The dr teination hall be baood on available data, or in

23 -











the abocnce of zuch data, it hall be oatabliahed by reasonable

calculation3 approved by the Doard.

w^(3) UnlC- othnrwieoe deemed appropriate by the Doard,- th
- .L%. %.,--L.A- L% L v %.4, ~1 e.L a,




minimum v -L l of the water table at a given point hallbe

oatabliahed by the Doard and hall be three feet (3') below the

Average Lof the five l.. ( at l l. i each -calCndar year

(provided no two%., (2) level %hall be taken from the am calendar

month) for the preceding ton (10) y ar. The dc termination cahall

be based on available data, -or in the abocne of e uch data,- it

hall be cotabliohod by roaaonable calculations approved by the -




(4 .) -.UnlWo & otherwise deemed appropriate byf the Doard, a

regulatory 0level0 for a confined aifer at a given point hall be

&a.%. a A a.. LL L.LL %.o %.w 1 &-o.A. IL L L .,V, a" J.6L. y J6 %L& WI.WJ-L6-L ro. L
tablih. d ge nerally to lim it the rate of movement of water from

the water table at the boundary- of the land owned, leaed, or

otherwise controlled by an applicant for a coneumptive uae permit

or at the boundary of an equivalent area baaed on the configuration

of the cone of deprc.ion caud by the proposed location and

operation of the well or well.

(a) Such regulatory level hall be determined by taking the

minimum level-e of the watertable plu 3 three fo& t (3 ) or euch

other adjuotmnt as deemed appropriate bya the Doard, and

24 -










subtracting the head difference required to paco the water crop

Sfrom tho water table to the confined aqu ifer Cuch he d difference

i-0 the. water crop divided by the ileakance coefficient -f the

"c nfinng bed. .The water crop, in the abaoone .f data to the

contrary, io 0 2290G50 gallon per day per .quare fCoot.

(b) -The leCvation of the potcnti m trick surfa at such point



Stim- -hal th1 cumulativ- w. kly averag...l e.vation b.. low1 r than


the regulatory lovl and at 1no tiCm Ohall the wnckly average

Clvationa of the potcntioamctric urfac of the Floridan AAquif er bo

more than five fact (5') below the regulatory level.

Specific Authority 120.54. 373.044, 373.133, 373.149, 373.171 FS.

Law Implemented 373.042, 373.086. 373.339 FS. History Readopted

10-5-74, Amended 12-31-74, Formerly 16J-O.15, 40D-1.601, Amended

10-1-84.

40D-8.091 Publications Incorporated By Reference

The determination of Guidance Levels. including the Annual

High and Low Levels and Minimum Lake Levels set forth in Rule 40D-

8.603. F.A.C.. are more particularly described in the Lake Level

Methodology Manual. dated September 1997. which is hereby

incorporated by reference into this Chapter and is available from

the District upon request.

25 -











Specific Authority 120.54. 373.016. 373.023. 373.044, 373.103,

373.113. 373.133. 373.149. 373.171 FS. Law Implemented 120.54.

373.016. 373.023. 373.026. 373.0395. 373.042. 373.0421. 373.044.

373.086. 373.103. 373.171. 373.339 FS. History New




40D-8.603 Meangemet. Guidance Levels for Lakes and-Other

Impoundment3.

(1) Guidance Levels adopted by the Governing Board on or after

September 9. 1997. and the method for calculating those Levels are

set forth in Rules 40D-8.603(2) and 40D-8.624(3) and (4). F.A.C.

Guidance Levels adopted by the Governing Board prior to

September 8. 1997, are listed in Rule 40D-8.624(6). F.A.C.

(2) Flood and High Levels

(a) The Ten (10) Year Flood Warning Level is provided as an

advisory guideline for lake shore development. The Ten (10) Year

Flood Warning Level, incorporates the level of flooding expected on

a frequency of not less than the ten (10) year recurring interval.

or on a frequency of not greater than a ten percent (10%)

probability of occurrence in any given year. The Ten Year Flood

Warning Level is calculated as described in Chapter Two of the

District's Lake Level Methodology Manual described in Rule 40D-

8,091. F.A.C.

26 -










(b) The Pre-modification Annual High Level for lakes is the

highest level to which a lake is expected to fluctuate on an

average annual basis. The Pre-modification Annual .High Level is

calculated as described in Chapter Three of the District's Lake

Level Methodology Manual described in Rule 40D-8.091. F.A.C.

(c) The Post-modification Annual High Level, for lakeswith

hydrologic regimes modified by surface water conveyance systems or

natural occurrences (e.g. sinkholes), is the highest level to which

a lake is expected to fluctuate on an average annual basis. The

Post-modification Annual High Level for lakes with an adjustable

structure is a peaking elevation and not one which is maintained.

The Post-modification Annual High Level is calculated as described

in Chapter Four of the District's Lake Level Methodology Manual

described in Rule 40D-8.091. F.A.C.

(3) Low Levels

(a) The Pre-modification Annual Low Level is the lowest level

to which a lake is expected to fluctuate on an average annual

basis. The Pre-modification Annual Low Level is calculated as

described in Chapter Three of the District's Lake Level Methodology

Manual described in Rule 40D-8.091. F.A.C.

(b) The Post-modification Annual Low Level, for lakes with

hydrologic regimes modified by anthropogenic activities excluding

27 -











withdrawals or natural occurrences (e.g. sinkholes), is the

expected annual low level of a lake which has been influenced by

such activities and which no longer fully exhibits pre-modification

fluctuations. The Post-modification Annual Low Level may be used

as a guide to operate a lake control structure, for those lakes

with control structures. The Pre-modification Annual Low Level is

calculated as described in Chapter Four of the District's Lake

Level Methodology Manual described in Rule 40D-8.091. F.A.C.

(4) Posted Notice

(a) Staff gauges will be installed in prominent locations on

each lake for which Guidance Levels or Minimum Levels have been

established. A notice shall be posted in the immediate proximity

of the staff gauge indicating that Levels have been established.

(b) The notice shall indicate the elevations of the Guidance

Level and the established Minimum Level.

(5) Renamina of Levels

(a) Lakes for which lake levels were adopted prior to

September 9. 1997. had what were referred to in the District's

Rules as management levels and alternatively as minimum levels.

These levels were the Ten Year Flood Warning Level, the Minimum

Flood Level, the Low Management Level and for some lakes there was

a Extreme Low Management Level. As of (effective date of these

28 -










proposed rule revisions) these levels are now referred to as the

Guidance Levels. For those lakes with levels established prior to

September 9. 1997. the Minimum Flood is now named the Annual Flood

Level, the Low Management Level is now named the Low Level and the

Extreme Low Management Level is now named the Extreme Low Level.

(b) For lakes for which levels were adopted before

September 8. 1997. a reference within the District's rules to the

applicable minimum level or to established minimum water levels

shall refer to the Low Management Level, or. if adopted for the

lake. the Extreme Low Management Level. Those lakes for which

levels were adopted prior to September 9. 1997. are set forth in

Rule 40D-8.624(7). F.A.C.. along with the adopted levels.

(c) For lakes for which levels were adopted on or after

September 9,. 1997. a reference in the District's rules to the

applicable minimum level or to established minimum water levels

shall refer to the adopted Minimum Level described in Rule 40D-

8.624(4) F.A.C.

(1) In zatabliohing minimum wator lv313, minimum flood lv0a1

and other ..anag.e.. nt l ..ve. for lakc and other i- mpoundme-nt-, the

Doard hall uoc the beat information avai3abl.





29 -











may be conoidered. Information may alo be obtained from aerial

mapping, hydr graph bottom ntour mapping,- -tag duration

cur ve, water ality rec rd. % tratifid Ibeach depo it ,

precipitation data and other sources.




l0v0el from water mark, -wtland vegetation, and dry land

vegetation, and tLo ctablish the clevaticn of cAptic tank3, dcfka,

aca wall, road, and floor clabs and te secure other pertinent

information.

Specific Authority 373.016, 373.023, 373.044, 373.103 FS. Law

Implemented 373.016, 373.042, 373.044. 373.086 FS. History New

6-7-78, Formerly 16J-8.672. Paragraphs (2)t(h) and (I) Formerly 16J-

8.6721. Paragraph(4) Formerly 16J-8.673. Amended




40D-8.605 Cyclic Variations for Minimum Water Level

(1) The Clevation oLf the minimum water level catabli3hed for

a lake- r other impoundment shall be lowered below the lew

management level periodically to allow fluctuation ncecosary for

th prAervation of natural roCurco fis h and wildlife, and for

the protection of non consumptive uosa The lowered lovol i-

d6cignated the extreme low management l2hvl.



30 -











(2) The low management lv..,L hall ble th applicabl e m-inimu

wator level a for -uch lake or other impoundment until four (

onaccutivc ycar3 have paaocd during which the actual water level

ha t failed to recede to the oxtrome low managom&nt lvel, ;in which
A 4.A%.,-0L&W A % .6 A6 v6 % ..J %.V%.If ve eL .%xI %a. E- JLO 'L a.L L e eI, e r ; LLL e I;, I e- 3.i e..W--V-TP IQ&

e. ie.n _L vO 1.. ,, e e ,m,4, # % L& .A.0#4 L%.....46 %-. Vi .%,. v6 ea L,,- a -.. m
evnt the c.tremi l-ow t-anag-ement lVvel 3hall bcom%6e the* applicable

m minimum water level for the lake or other impoundment until theo

actual water lovol rocedca to or below the extrorme low management




extreme low management level, the applicable minimum water level

for the lake or other imLpoundment hall immediately be rai9cd once

again to the low mVanag oenot lvol% and the cyclic variations hall

continue.

Specific Authority 373.016, 373.023, 373.044, 373.103 FS. Law

Implemented 373.016, 373.042, 373.044 FS. History New 6-7-78,

Formerly 16J-8.671. Repealed

40D-8.611 Minimum Flood Levels

-(1) The m-inimum flood lovl indicat- A the mini-mum lv-l to

which high water may be expected to riac on a omrCewhat regular

baaia and will not noccaaarily correopond to any particular flood

froqucncy. Flood watoro may often ric- above the minimum flood






31 -











(2) Docks, sca wall, septic tanks, drain fields, floor slabs,

fnd -ther physical improvement, -n .land near lakes and other

impoundmcnt3 for which management lcvcl have bcRn established,

should be go located and con tracted that their function will not

be impaired by rising wat er.

(2) -No structure, improvcmcnt, or device shall be constructed

or operated in .uch a manner as to diminish the capability of a

lake or other impoundmcnPt to fluctuate through the full managcmcnt

rangz Cstablishcd fCr auch impCundmCnt.

(4- ) Property owncrs arc hereby advicd that compliance with

District Rule and Regulations doce nct relieve-o wncrs -f the

rcsponcibility of complying with other regulaticns and ordinance
I required by lcal governing bodic., c.g%., in connection with the





National -Flcd In=urancc Program.
.A6 L L %WW % &W %.0 *,L,,%0& Lo n. e -I6














Specific Authority 373.016, 373.023, 373.044, 373.103 FS. Law

Implemented 373.016, 373.042, 373.044 FS. History New 6-7-78,

Formerly 16J-8.672. Repealed

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

(1) Flood warning levcls arc provided for a surface water body

as an advisory statement for the public interest. Property owncrs,

public officials and the general public arc advised that flooding

on a frequency of not 10 than a ten (10) year recurring interval

32 -











i.J &xp cted to occur at the indicated l.vation. Flood watbera tmy

often ri-c above the flood warning 1ovol.

(2) Floor lab, R-aptic tank and drain fi ldo, dock4, .-a














Specific Authority 373.016, 373.023, 373.044, 373.103 FS. Law

Implemented 373.016, 373.042, 373.044 FS. History New 1-22-79,






(1) -taff gauge3 will be installed in prominn1 t locations on

Sach lake or other impoundmIont for which a c managemInt rango hao

beon catabliahod. A notice hall be posted in the immediate
.proximity of th, e ,taff gauge indicating that .ag r nt -L vlAlr h














becn catabliohod.

-- (2) The notice -hall indicate the olevationa of the minimum
flod lvl and th applicable minium water .

Specific Authority 373.016, 373.023, 373.044, 373.103 FS. Law

Implemented 373.016, 373.042, 373.044 FS. History New 1-22-78,

Formerly 16J-8.67213 Repealed

40D-8616 Posted Notice33 -
-&. %,. U,. %.L. &. V A. h. ^.0 a & L.0 %., U& -L. A., A- J- I. L WL LL J6 W %.0 L, %.v.6 W A %, ,























-33 -










40D-8.621 Operating Levels for Lakes, and Other Imp-undme nt

with District-Owned Control Structures.

(1) Schedules, levels, and procedures for operation of lakes

with a District-owned control structure an- -th-r imp.undm.. nt

equipped wi.th ructure shall be established by the Board.

(2) The operating range for a structure of a lake -r other

impendment shall be prescribed as that between the high operating

level and the low operating level.

(a) High operating level shall be established by the Board in

consideration of the Guidance Levels. public testimony and in

keeping with the best lake control surfacee water management

practices.

(b) Low operating level shall be established by the Board in

consideration of Guidance Levels. any applicable Minimum Level.

public testimony and in keeping with the best lake control seeurfa

water management practices.

(3) Best lake control management practices in the design.

construction, operation, and maintenance of structures or devices

requires a consideration and evaluation of both long-term and

short-term effects of the activity upon the water resources of the

District. Factors to be considered include the following:

(a) Conservation and proper utilization of surface water.

34 -










(b) Prevention of damage from floods, soil erosion, and

excessive drainage.

(c) Preservation of natural resources, fish and wildlife.

(d) Storage for aquifer recharge.

(e) Non-consumptive uses. including but not limited to.

navigation, recreation, and aesthetics.

(f) Compliance with any Minimum Level established for the

lake.

(4) +3+ A prescribed schedule for operation of all lakes afd

Sthr imp. ,,und,, with structures shall be established by the

Board. The schedule will contain time sequences by which the levels

of the water body will be maintained throughout the established

management range. While recognizing the difficulty of maintaining

precise control of actual levels, the schedule shall provide the

guideline by which the operator of the structure will attempt to

maintain the prescribed levels insofar as he has control.

Specific Authority 373.016, 373.023, 373.044, 373.103 FS. Law

Implemented 373.016, 373.042, 373.044 FS. History New 6-7-78,

Formerly 16J-8.677. Amended

40D-8.624 Cchcdulc of Levels for Lakes- and Wetlands-af4




(1) Establishment of Minimum Wetland Levels

35 -











(al Where a Minimum Level for isolated, cypress dominated

wetlands is established and incorporated into the table at Rule

40D-8.624 (3). F.A.C.. below, the Minimum Level shall .be that level

which is 1.7 feet below a reference elevation referred to as the

normal pool elevation. Wetland water levels are deemed to be below

the Minimum Level when the median stage is below the Minimum Level

based on a six (6) year monitoring period.

(b) The normal pool elevation shall be determined based on a

consideration, utilizing professional judgement, of biological

indicators of sustained inundation such as:

I. The lower limit of epiphytic mosses and liverworts

intolerant of sustained inundation:

2. The upper limit of the root crown on Lyonia lucida

growing on tree tussocks:

3. The upper limit of adventitious roots on Hypericum

fasicula.tum and other species which exhibit this morphologic

response to sustained inundation;

4. Other indicators which can be demonstrated to represent

a similar period of sustained inundation.

..21 Wetlands within Hillsborough County north of "State Road

60 and Pasco and Pinellas Counties for which Minimum Levels have

been established as set forth in the table in Rule 40D-8.624(3).

36 -










F.A.C.. below were selected based upon the wetland meeting the

following guidelines:

ial located in an area that is or may be experiencing adverse

water withdrawal impacts:

(b) isolated cypress dome greater than -0.5 acres in size:

(c) District's ability to enter property on a long term-basis

for instrumentation and monitoring of the site:

(d) wetlands with monitoring data are preferred: and

i(e appears to be impacted primarily by water withdrawal.

(3) Minimum Levels for wetlands are hereby established as set

forth in the following table. If insufficient data exists to

determine if the wetland water level is below the Minimum Wetland

Level, pursuant to Rules 40D-8.624(1) and (3). F.A.C.. the wetland

water level can be determined to be below the Minimum Wetland Level

based on an evaluation of aerial photographs and evaluation of

biological indicators. The Minimum Levels approved by the

Governing Board on September 9. 1997. shall be reevaluated by the

Governing Board no later than October 1. 1999. These Levels shall

expire on October 1. 1999. unless these levels, or other levels

approved by the Governina Board, are published for rule adoption

prior to October i. 1999.



37 -











Minimum Wetland Levels Approved September 9, 1997

Wetland Site Minimum Level Latitude Longitude

(a) CC W-41 73.2 28 18 44 82 22 25

(b) CC W-11 67.6 28 17 46 82 23 6

(c) CC W-12 62.2 28 17 33 82 23 39

(d) CC W-17 63.2 28 17 8 82 23 41

(e) CC Site G 62.8 28 16 21 82 24 18

(f) STWF D 29.2 28 15 19 82 38 5

(g) STWF 43.4 28 14 40 82 35 45

Central

Recorder

(h) STWF Z 40.1 28 14 10 82 35 7

(i) STWF 44.7 28 14 45 82 33 56

Eastern

Recorder

(j) STWF S-75 45.5 28 15 1 82 33 46

(k) STWF M 43.1 28 14 34 82 34 24

(1) STWF N 45.2 28 14 33 82 33 8

(m) MBWF Entry 33.8 28 6 55 82 18 24

Dome

(n) MBWF X-4 40.7 28 7 26 82 20 14

(o) MBWF Clay 39.9 28 7 21 82 20 45

Gully Cypress

(p) MBWF 32.3 28 6 20 82 20 33

Unnamed

38 -











(q) EWWF NW-42 27.1 28 9 21 82 39 47

(r) EWWF NW-44 36.8 28 10 5 82 37 52

(s) EWWF Sails 19.9 29 10 3 82 40 58

Property

Wetland

10S/10D

(t) SPWF NW-49 57.5 28 11 0 82 30 27

(u) SPWF South 57.6 28 10 53 82 30 29

Cypress

(v) SPWF NW-50 57.4 28 11 17 82 30 28

South Pasco

(w) S21 WF NW- 51.6 28 7 16 82 30 51

53 East

(x) Cosme WF 39.6 28 6 2 82 35 27

Wetland

(y) CBARWF TQ- 73.3 28 20 37 82 29 11

1 West

(z) CBARWF T-3 68.9 28 20 52 82 29 44

(aa) CBARWF 72.4 28 20 37 82 28 28

Stop #7

(bb) CBARWF Q- 72.8 28 20 46 82 28 11

1

(cc) CR1 87.0 28 7 57 82 7 16

(dd) CR2 90.6 28 7 14 82 7 11


39 -











(ee) CR3 95.5 28 6 39 82 7 14

(ff) CR4 99.1 28 6 50 82 5 54

(gg) CR5 105.3 28 5 53 82 4 56

(hh) CR6 96.1 28 7 32 82 5 57

(ii) NPWF #3 44.5 28 19 0 82 34 32

(jj) NPWF #21 44.6 28 17 23 82 34 30



(4) Establishment of Minimum Lake Levels

(a) Pre-modification Lakes (PrM) the Minimum Level shall be

the Pre-modification Annual Low Level calculated as described in

Chapter Three of the District's Lake Level Methodology Manual

described in Rule 40D-8.091. F.A.C. The lake level is deemed to be

below the Minimum Level when the elevation representing the P50 is

depressed below the Annual Low Level for greater than 50% of the

time for at least a six (6) year period.

(b) Post-modification Lakes with at least six (6) years of

hydrologic data (PMD) the Minimum Level is the P50 as determined

from the stage data used to establish the Post-modification Annual

High and Low Levels pursuant to Chapter Four of the District's Lake

Level Methodology Manual described in Rule 40D-8.091. F.A.C. The

lake level is deemed to be below the Minimum Level when the

elevation representing the P50 is below the Minimum Level more than

50% of the time for at least a six year period.

40 -










L.L Post-modification Lakes with less than six (6) years of

hydroloaic data or lakes without six (6) years of hydroloaic data

prior to impacts due to water withdrawals (PMND) -the Minimum

Level is the midpoint between the Post-modification Annual High and

Low Levels elevations as determined pursuant Chapters Four and Five

of the District's Lake Level Methodology Manual described in Rule

40D-8.091. F.A.C. The lake level is deemed to be below the Minimum

Level when the elevation representing the P50 is below the Minimum

Level more than 50% of the time for at least a six (6) year period.

(d) If insufficient data exists to determine if the lake

level is below the Minimum Level pursuant to Rules 40D-8.624(4) (a)

- (c). F.A.C.. above, the lake level can be determined to be below

the Minimum Level based on a comparison with similar lakes by use

of aerial photographs and evaluation of biological indicators.

(5) Within Hillsborough and Pasco Counties. Minimum Levels

have been established on Lakes Barbara. Big Fish. Cypress. Dosson.

Helen. Ellen. Little Moon. Rainbow and Sunshine, based on the

Priority Schedule for the Establishment of Minimum Flows and Levels

within the District's Water Management Plan. dated March 1995. as

updated June 1996. The Minimum Levels established for these lakes

shall be reevaluated by the Governing Board no later than

October 1. 1999. These Levels shall expire on October 1. 1999.

41 -











unless these levels, or other levels approved by the Governing

Board. are published for rule adoption prior to October 1. 1999.

L(6) () Levels for lakes and -ther- mpundment are hereby

established as set forth in the following table .fl-low- After the

Minimum Level elevation for each lake an abbreviation of PrM. PMD

or PMND is listed. The abbreviation indicates which of the

methodologies described in Rule 40D-8.624(4), F.A.C.. above was

used to calculate the Minimum Level. Guidance Levels established

prior to September 9. 1997. are set forth in Rule 40D-8.624(7)

F.A.C.. below. Those lakes for which Minimum Level elevation is

followed by an asterisk (*) it has been deemed that upon the

effective date of the rule adopting the Minimum Level for those

lakes the lake level is below the Minimum Level. If insufficient

data exists to determine if the lake level is below the Minimum

Level, pursuant to Rules 40D-8.624(a) (c). F.A.C.. above, the

lake level can be determined to be below the Minimum Level based on

a comparison with similar lakes by use of aerial photographs and

evaluation of biological indicators.










42 -











Location by Name of Ten Annual Annual Minimum

County and Basin Lake XYea High Low Leve

Flood Guidance Guidance (NGVD)

Guidance (NGVD) (NGVD)

(NGVD)

(a) In Charlotte

County Within

The Peace River

Basin

RESERVED

(b) In Citrus

County Within

The Coastal

Rivers Basin

RESERVED

(c) In Citrus

County Within

The

Withlacoochee

River Basin

RESERVED




43 -











(d) In DeSoto

County Within

The Peace River

Basin

RESERVED

(e) In Hardee

County Within

The Peace River

Basin

RESERVED

(f) In Hernando

County Within

The Coastal

Rivers Basin

RESERVED

(g) In Hernando

County Within

The Hillsborough

River Basin

RESERVED







44 -











(h) In Hernando

County Within

The

Withlacoochee

River Basin

RESERVED

(i) In Highlands

County Within

The Peace River

Basin

RESERVED

(j) In

Hillsborough

County Within

The Alafia River

Basin

RESERVED














45 -











(k) In

Hillsborough

County Within

The Hillsborough

River Basin

RESERVED

(1) In Saophire 6.1 63.5 61.9 7

Hillsborouch Lake (P

County Within S-14.T-

the Northwest 27,R-18

Hillsborough

Basin



Cvypress 49.5 48.9 47. 4

Lake (PMND)

S-24.T-

27. R- 17

DIosson 55.1 53.4 5. 52.1*

Lake (PMD)

S-20.T-

27.R-18




46 -












Sunshine 55.1 52.8 53.00.6 51.7*

Lake I (PMNI^

S-20.T-

27.R-18

Lake 54.2 53.0 51.4 52.2

Helen 1'p (PMND)

S-19.T-

27.R-18

Lake 54.2 53.0 51.4 52. 2

Ellen (PMND)

S-19.T-

27.R-18

Lake 54.2 53.0 51.4 52.2*

Barbara (PMND

S-19.T-

27.R-18

Little 40.8 39.0 37.1 38.1*

Moon (PMMD)

Lake

S-28.T-


27.R-17





47 -











(m) In Lake

County Within

The Green Swamp

Basin

RESERVED

(n) In Levy

County Within

The

Withlacoochee

River Basin

RESERVED

(o) In Manatee

County Within

The Manasota

Basin

RESERVED

(p) In Marion

County Within

The

Withlacoochee

River Basin

RESERVED


48 -











(a) In Pasco Big Fish 77.4 76.5 74.6 74.6*

County Within ake (PrM)

the Coastal S-21.T-

Rivers Basin 24.R-19






(r) In Pasco

County Within

The Green Swamp

Basin

RESERVED

(s) In Pasco

County Within

The Hillsborough

River Basin

RESERVED

(t) In Pasco

County Within

The Pinellas-

Anclote River

Basin

RESERVED


49 -











(u) In Pasco

County Within

The

Withlacoochee

River Basin

RESERVED

(v) In Pinellas

County Within

The Pinellas-

Anclote River

Basin

RESERVED

(w) In Polk

County Within

The Alafia River

Basin

"RESERVED

(x) In Polk

County Within

The Green Swamp




RESERVED


50 -











(y) In Polk

County Within

The Hillsborough

River Basin

RESERVED

(z) In Polk

County Within

The Peace River

Basin

RESERVED

(aa) In Sarasota

County Within

The Manasota

Basin

RESERVED

(bb) In Sumter

County Within

The Green Swamp

Basin

RESERVED







51 -











(cc) In Sumter

County Within

The

Withlacoochee

River Basin

RESERVED



(7) Guidance Levels established for lakes prior to

September 8. 1997. are set forth in the following table:


































52 -











GUIDANCE LEVELS

Minimum Water Levolc

Location of Ten (10) Miimum Low Extreme
Impoundment Year Annual Flood Low
By County And Basin -Feed Level Level Mgt--
Warning In Fet I- -eet Level
Level A bove Man Abo-ve -Mean In F
In Feet Sa Level Saf Levl %Above CMean
.Above Meanr Ml-- ---l-- (m- ca LT vl1
Gea (NGVD) (NGVD) (-mlf
Level -+mi-) (NGVD)
(NGVD)

(a) In Charlotte
County. Within
The Peace
River Basin

(b) In Citrus
County Within
The Coastal
Rivers Basin

(c) In Citrus
County Within
The Withlacoochee
River Basin

Bradley, Lake 43.40' 42.50' 40.25' 38.25'
23 20S 20E

Cato, Lake 38.82' 38.00' 35.50' 34.00'
5 19 20







53 -











Connell, Lake 35.68' 35.50' 32.00' 30.00'

6 19 20

Cooter, Lake 41.80' 40.50' 38.25' 36.25'

17 19 20

Hog Pond, Lake 35.92' 34.50' 32.00' 30.00'

(Nina)

2 19 19

Holden, Lake 32.44' 32.00' 29.50' 28.00'

(Inverness)

32 19 20

Magnolia, Lake 32.36' 31.00' 28.50' 27.00'

3 20 20

Rush, Lake 36.20' 35.75' 33.25' 31.25'

(Williams)

03-17-18





















54 -











Lake Tsala Apopka 40.50' 39.00' 36.75' 34.75'

(Hernando' Pool)

1 18S 19E

2 18S 19E

11 18S 19E

12 18S 19E

13 18S 19E

23 18S 19E

24 18S 19E

25 18S 19E

26 18S 19E

5 18S 20E

6 18S 20E

7 18S 20E

8 18S 20E

16 18S 20E

17 18S 20E

18 18S 20E

19 18S 20E

20 18S 20E

21 18S 20E



55 -











Lake Tsala Apopka 41.80' 40.50' 38.25' 36.25'

(Inverness Pool)

33 18S 20E

34 18S 20E

35 18S 20E

1 19S 20E

2 19S 20E

3 19S 20E

4 19S 20E

8 19S 20E

9 19S 20E

10 19S 20E

11 19S 20E

12 19S 20E

13 19S 20E

14 19S 20E

15 19S 20E

16 19S 20E

17 19S 20E

21 19S 20E

22 19S 20E I



56 -











Lake Tsala Apopka 43.40' 42.50' 40.25' 38.25'

(Floral City Pool)

19 19S 21E

21 19S 21E

22 19S 21E

27 19S 21E

28 19S 21E

29 19S 21E

30 19S 21E

31 19S 21E

32 19S 21E

33 19S 21E

34 19S 21E

1 20S 20E

2 20S 20E

3 20S 20E

10 20S 20E

11 20S 20E

12 20S 20E

13 20S 20E

14 20S 20E



57 -











25 19S 20E

26 19S 20E

34 19S 20E

35 19S 20E

36 19S 20E

Little Lake 43.40' 41.50' 39.00' 37.25'

(Consuella)

15 20S 20E

Lake Twin 38.11' 37.00' 35.00' 33.00'

6 19 20

(d) In DeSoto

County Within The

Peace River Basin

(e) In Hardee

County Within The

Peace River Basin

(f) In Hernando

County Within The

Costal Rivers Basin










58 -











(g) In Hernando

County Within The

Hillsborough River

Basin

LAKES

Nicks Lake 114.46' 113.00' 110.50' 108.50'

29 23S 20E

St. Clair Lake 114.46' 113.00' 110.50' 108.50'

33 23S 20E

(h) In Hernando

County Within The

Withlacoochee River

Basin

LAKES

Elizabeth, Lake 62.90' 60.25' 57.00' 55.50'

S11 T23S R21E

Francis, Lake 62.90' 60.25' 57.00' 55.50'

11 23S 21E

Geneva, Lake 62.90' 60.25' 57.00' 55.50'

11 23S 21E

Lindsey, Lake 70.60' 69.00' 66.00' 64.50'

25 23S 19E




59 -











Mountain Lake 105.10' 104.00' 101.00' 99.00'

16 23S 20E

Neff Lake 104.40' 103.00' 100.0.0' 98.00'

20 23S 20E

Sparkman Lake 94.40' 91.50' 89.00' 88.00'

24 23S 19E

Spring Lake 185.02' 184.25' 181.25' 178.25'

15 23S 20E

(I) In Highlands

County Within The

Peace River Basin

LAKES

Sec Twsp Rng

Adelaide, Lake 110.00' 106.50' 104.00' 102.50'

5 33S 28E

Angelo, Lake 104.00' 99.50' 97.00' 95.00'

4 27S 25E

"Anoka, Lake 124.00' 124.00' 122.00' 120.00'

27 33S 28E

Apthorpe, Lake 72.00' 71.50' 68.00' 66.00'

18 36S 30E

Blue, Lake 78.70' 77.50' 75.00' 73.50'

30 36S 30E


60 -











Bonnet, Lake 91.90' 90.75' 88.00' 86.00'

8 34S 29E

Brentwood, Lake 102.30' 102.75' 99.50' 98.00'

10 33S 28E

Buck, Lake 96.40' 94.00' 91.50' 89.50'

29 37S 30E

Byrd, Lake 110.60' 108.25' 105.50' 104.00'

9 33S 28E

Carrie, Lake 75.13' 75.50' 73.00' 72.50'

21 36S 29E

Charlotte, Lake 93.90' 93.75' 91.25' 89.75'

17 35S 29E

Chilton, Lake 116.30' 114.00' 111.00' 109.50'

7 33S 28E

Clay, Lake 79.00' 78.75' 76.00' 75.00'

29 36S 30E

Crews, Lake 120.50' 119.50' 117.00' 115.50'

32 36S 29E

Damon, Lake 102.30' 101.00' 98.00' 95.00'

3 33S 28E

Denton, Lake 117.10' 116.50' 114.00' 112.00'

2 34S 28E





61 -











Dinner, Lake 103.50' 102.50' 98.50' 97.00'

17 34S 29E

Francis, Lake 70.80' 70.50' 67.50' 66.50'

22 36S 29E

Glenada, Lake 118.40' 120.00' 117.00' 115.50'

34 33S 28E

Grassy, Lake 92.10' 91.50' 88.50' 87.50'

17 37S 30E

Harry, Lake 67.60' 67.50' 63.00' 62.00'

1 36S 29E

Henry, Lake 75.13 75.50' 73.00' 72.50'

25 36S 29E

Hill 101.00' 99.25' 96.00' 94.50'

17 36S 29E

Huckleberry Lake 104.80' 104.50' 102.00' 101.00'

7 35S 29E

Huntley, Lake 83.40' 83.75' 81.00' 79.50'

5 37S 30E

Jackson, Lake 103.20' 103.00' 100.00' 98.00'

30 34S 29E

Josephine, Lake 72.70' 72.50' 69.00' 68.50'

32 35S 29E





62 -











June-in-Winter, 75.13' 75.50' 73.00' 72.50'

Lake

34 36S 29E

Lake Lachard 79.56' 78.50' 76.00' 74.00'

36 36S 29E

Lelia, Lake 113.00' 114.50' 112.50' 110.50'

34 33S 29E

Letta, Lake 100.00' 100.00' 97.00' 95.00'

31 33S 29E

Little Bonnet Lake 101.70' 100.00' 97.00' 96.00'

36 33S 28E

103.20' 103.00' 100.00' 98.00'

Little Lake Jackson

6 35S 29E

Little Red Water 104.10' 103.25' 100.50' 98.50'

Lake

14 36S 29E

Lost 90.60' 88.00' 84.00' 82.75'

12 37S 29E

Lotela, Lake 106.60' 108.50' 105.00' 104.00'

26 33S 28E

McCoy, Lake 87.39' 87.00' 84.00' 82.00'

6 37S 30E


63 -











Mirror, Lake 94.70' 93.50' 90.00' 88.00'

7 37S 30E

Center Nellie 73.20' 71.50' 67.00' 65.00'

13 36S 29E

N.W. Nellie 73.20' 71.50' 67.00' 65.00'

13 36S 29E

S.E. Nellie 73.20' 71.50' 67.00' 65.00'

13 36S 29E

Olivia, Lake 118.10' 117.50' 114.50' 113.00'

6 33S 28E

Pearl, Lake 87.27' 87.00' 84.00' 82.00'

6 37S 30E

Persimmon 69.30' 68.25' 65.00' 63.50'

10 36S 29E

Pioneer, Lake 108.60' 108.00' 104.50' 103.00'

11 36S 28E

Placid, Lake 94.70' 94.50' 91.50' 90.00'

30 36S 30E

Pythias, Lake 101.20' 101.00' 98.00' 95.00'

2 33S 28E

Red Beach Lake 76.80' 76.50' 73.75' 72.75'

15 35S 29E





64 -











Red Water Lake 70.80' 70.50' 67.50' 66.50'

14 36S 29E

Ruth, Lake 94.20' 94.00' 91.50' 90.00'

18 35S 29E

Saddlebags, Lake 84.27' 84.00' 81.00' 79.00'

6 37S 30E

Sebring, Lake 107.60' 107.25' 104.50' 103.00'

14 34S 28E

Simmons 74.30' 72.50' 68.00' 66.50'

24 36S 29E

Sirena, Lake 87.27' 87.00' 84.00' 82.00'

1 37S 29E

Trout Lake 100.60' 101.00' 98.00' 95.00'

34 32S 28E

Tulane, Lake 120.50' 120.00' 116.00' 114.00'

27 33S 28E

Unnamed Lake (B) 92.10' 91.50' 88.50' 87.50'

20 37S 30E

Unnamed Lake (F) 78.50' 78.00' 74.00' 72.00'

24 36S 29E

Verona, Lake 123.00' 119.00' 115.25' 113.00'

23 33S 28E





65 -











Viola, Lake 112.20' 109.50' 105.75' 104.00'

14 33S 28E

Wolf Lake 93.80' 92.50' 90.00' 88.00'

24 35S 28E

(j) In Hillsborough

County Within The

Alafia River Basin

LAKES

Carlton, Lake 93.60' 93.50' 90.50' 88.00'

Edward Medard 67.10' 62.75' 57.50' 56.00'

Reservoir

Grady Lake 40.70' 39.00' 36.00' 34.00'

Hickory Hammock 32.80' 32.25' 30.50' 29.00'

Lake

Unnamed Lake #2 56.00' 56.00' No Recommendation



Wimauma, Lake 87.20' 86.75' 83.00' 81.00'

(k) In Hillsborough

County Within The

Hillsborough River

Basin

LAKES




66 -











Bellows Lake 24.50' 23.75' 21.50' 19.00'

(East Lake)

Burrell Lake 50.50' 50.00' 47.50' 45.00'

Commiston Lake 64.20' 63.00' 60.50' 59.00'

Eckles Lake 33.40' 32.50' 30.00' 28.00'

Egypt Lake 38.50' 37.50' 35.00' 32.50'

Gornto Lake 39.00' 38.50' 36.00' 34.00'

Hanna Lake 63.50' 62.50' 59.50' 58.25'

Hart Lake 67.20' 66.00' 64.00' 63.00'

Hog Island Lake 67.00' 66.00' 64.00' 61.00'

Hooker Lake 45.50' 45.00' 43.00' 42.00'

Kathy, Lake 45.50' 43.50' 42.50' 42.00'

Keene Lake 63.90' 63.00' 60.50' 59.00'

Kell Lake 67.30' 66.00' 63.50' 62.50'

Long Lake 52.00' 50.25' 48.00' 46.00'

Long Pond 48.50' 46.50' 44.00' 42.00'

Mud Lake 115.80' 115.00' 112.50' 110.50'

(Lake Walder)

Stemper, Lake 62.60' 62.00' 59.50' 58.00'

Thonotosassa, Lake 39.10' 37.00' 34.50' 33.00'

Unnamed Lake 63.40' 63.00' 60.50' 59.00'

Unnamed Lake 62.00' 61.00' 58.50' 57.00'

Valrico Lake 48.50' 45.00' 42.50' 41.00'

Weeks, Lake 43.80' 43.25' 41.00' 39.50'





67 -











(1) In Hillsborough

County Within The

Northwest

Hillsborough Basin

Sec Twsp Rng

LAKES SWEETWATER CREEK WATERSHED

Avis lake 38.50' 37.00' 34.50' 32.50'

15 28S 18E

Bay Lake 47.00' 46.75' 44.00' 42.50'

Bird Lake 53.00' 50.50' 48.50' 46.50'

Boat Lake 38.00' 35.50' 33.75' 31.25'

Brant Lake 60.50' 58.75' 56.50' 54.50'

Brooker Lake 66.00' 64.25' 61.00' 59.00'

Carroll Lake 38.50' 37.00' 34.50' 32.50'

Chapman Lake 52.30' 52.25' 49.50' 48.00'

Charles, Lake 56.10' 54.75' 52.00' 50.00'

Cooper, Lake 64.00' 61.75' 59.75' 57.00'

Crenshaw, Lake 57.50' 56.25' 54.50' 51.00'

Crystal Lake 62.10' 62.00' 59.00' 57.00'

Deer Lake 70.00' 67.25' 64.50' 62.50'

Elaine, Lake 38.50' 37.00' 34.50' 32.50'

15 28S 18E

Ellen, Lake 41.80' 41.50' 39.00' 37.00'

Gass Lake 51.50' 49.50' 46.25' 44.50'

George, Lake 51.00' 48.00' 45.00' 42.00'


68 -











Geraci, Lake 65.00' 63.50' 61.50' 59.50'

Halls Lake 50.70' 50.00' 47.50' 46.00'

3 28S 18E

Hobbs, Lake 68.20' 66.75' 63.25' 61.50'

Lipsey, Lake 42.50' 41.50' 39.00' 37.00'

Magdalene, Lake 50.70' 50.00' 47.50' 46.00'

Merrywater, Lake 58.00' 56.50' 54.50' 52.00'

Platt Lake 51.80' 50.50' 45.75' 46.00'

Reinheimer, Lake 61.50' 59.50' 57.00' 56.00'

Saddleback Lake 56.50' 55.50' 53.00' 52.00'

Strawberry Lake 62.80' 62.00' 59.75' 57.00'

Thomas, Lake 64.00' 63.50' 61.25' 59.25'

Twin Lake 34.00' 32.00' 30.00' 27.75'

White Trout Lake 38.50' 36.50' 34.00' 32.50'

ROCKY CREEK WATERSHED

Allen, Lake 62.60' 62.50' 59.75' 57.50'

Armistead, Lake 46.50' 44.00' 40.50' 39.00'

Browns Lake 63.70' 63.50'- 60.75' 59.00'

Halfmoonr Lake 47.00' 45.00' 42.00' 39.00'

Harvey, Lake 62.90' 62.50' 60.25' 58.00'



Josephine, Lake 47.50' 46.00' 42.75' 40.00'

LeClare, Lake 53.50' 52.00' 49.50' 47.00'

Pretty Lake 46.70' 45.50' 42.75' 40.00'

Rock Lake 48.00' 46.00' 42.75' 40.00'



69 -











Starvation Lake 55.00' 53.00' 50.00' 48.00'

Turkey Ford Lake 55.00' 54.00' 51.50' 50.00'

Virginia Lake 63.00' 62.50' 60.25' 58.00'



DOUBLEBRANCH CREEK WATERSHED

Fairy Lake 36.00' 34.75' 32.00' 29.50'

Hixon Lake 37.00' 36.50' 33.25' 31.00'

Unnamed Lake #1 38.90' 37.50' 35.00' 34.50'

2 28S 17E

Unnamed Lake #2 38.90' 37.50' 35.00' 34.50'

2 28S 17E

BROKER CREEK WATERSHED

Alice, Lake 42.40' 42.25' 40.25' 37.50'

Artillery, Lake 44.50' 44.00' 40.50' 39.00'

3 27S 17E

Buck Lake 35.50' 35.00' 32.00' 29.50'

Calm Lake 52.20' 50.50' 47.50' 45.50'

Church Lake 36.40' 36.25' 34.00' 31.50'

Crescent Lake 44.20' 42.50' 40.00' 38.50'

Echo Lake 36.40' 36.25' 34.00' 31.50'

Elizabeth Lake 54.00' 53.00' 51.00' 49.00'

Fern, Lake 48.00' 46.00' 43.00' 41.50'

Frances, Lake 42.50' 40.50' 38.00' 36.00'

Garden Lake 35.00' 32.00' 29.00' 26.50'

Horse Lake 48.40' 46.50' 44.00' 42.00'


70 -











Island Ford Lake 42.30' 41.50' 39.00' 37.00'

Jackson, Lake 36.00' 33.50' 31.00' 29.00'

James Lake 47.70' 46.50' 43.50' 42.00'

23 27S 17E

Juanita, Lake 43.80' 42.25' 40.00' 37.50'

Keystone Lake 43.20' 42.00' 39.75' 39.00'

Little Lake 47.70' 46.50' 43.50' 42.00'

23 27S 17E

Mound Lake 51.60' 51.00' 48.00' 46.00'

Rainbow Lake 40.80' 40.50' 37.50' 35.00'

Raleigh, Lake 43.30' 42.50' 38.00' 35.00'

Rogers, Lake NO LEVELS RECOMMENDED

Sunset Lake 35.00' 34.75' 32.50' 31.00'

Taylor, Lake 39.70' 39.25' 36.75' 34.75'

Velburton Lake 41.50' 40.00' 37.25' 35.00'

ANCLOTE RIVER WATERSHED

Dan, Lake 35.00' 32.00' 28.00' 25.00'

Hiawatha, Lake 52.50' 50.50' 48.00' 45.00'

Osceola, Lake 47.40' 46.50 44.50' 42.50'



(m) In Lake County

Within The Green

Swamp Basin






71 -











(n) In Levy County

Within The

Withlacoochee River

Basin

Marion, Lake 56.60' 53.00' 50.50' 48.50'

02-14-17

(o) In Manatee

County Within The

Manasota Basin

(p) In Marion

County Within The

Withlacoochee River

Basin

Bonable, Lake 65.10 64.00' 61.50' 59.50'

31-15-18

Little Bonable, 59.80' 58.00' 55.50' 53.50'

Lake

30-15-18

Tiger, Lake 65.10' 64.00' 61.50' 59.50'

32-15-18

(q) In Pasco County

Within The Costal

Rivers Basin

72 -











Crews Lake 57.00' 55.00' 52.00' 50.00'

16 24S 18E

Garden Lake 22.10' 19.00' 16.25' 15.75'

16 25S 16E

Moon Lake 41.00' 40.50' 37.50' 35.50'

28 25S 17E

Pasco Lake 67.50' 67.00' 64.00' 62.00'

22 24S 18E

Pierce Lake 73.60' 73.00' 70.00' 68.00'

9 25S 18E

Richey Lake 14.10' 13.00' 10.00' 8.00'

3 26S 16E

Unnamed Lake No. 22 62.60' 62.50' 59.50' 57.50'

27 24S 18E

Worrell, Lake 22.10' 19.00' 16.25' 15.75'

(Bass Lake)

26 25S 16E

(r) In Pasco County

Within The Green

Swamp Basin









73 -











(s) In Pasco County

Within The

Hillsborough River

Basin

Bell Lake 72.53' 72.50' 70.00' 69.00'

13 26S 18E

Bird Lake 67.70' 67.50' 65.00' 63.00'

Catfish Lake 68.72' 68.00' 65.50' 63.50'

30 25 19

Cow (East) Lake 78.63' 78.50' 76.00' 75.00'

19 26S 19E

Floyd, Lake 68.41' 68.50' 66.00' 64.00'

36 26 19

Gooseneck, Lake 75.10' 73.50' 71.00' 69.00'

29 26 19

Lake Hancock 107.48' 106.50' 104.00' 102.00'

5 24S 20E

Hog (Joyce) Lake 76.66' 76.50 73.50' 72.50'

19 26S 19E

Lake Iola 147.55' 147.50' 145.00' 142.50'

15 24S 20E

Lake Jessamine 144.18' 142.00' 138.00' 136.00'

11 24S 20E



74 -











JoAnn, Lake 68.72' 68.00' 65.50' 63.50'

30 26 19

King Lake 73.58' 73.50' 71.50' 69.50'

7 26S 19E

King Lake (East) 105.49' 105.25' 102.50' 100.00'

22 25S 20E

Middle Lake 107.48' 107.00' 105.00' 103.00'

4 24S 20E

Moody Lake 110.48' 110.00' 107.50' 105.50'

10 24S 20E

Myrtle, Lake 68.72' 68.00' 65.50' 63.50'

30 26 19

Padgett, Lake 71.34' 71.25' 69.00' 67.50'

24 26S 18E

Saxon Lake 71.34' 71.25' 69.00' 67.50'

30 26S 19E

Tampa (Turtle) 66.00' 65.50' 63.00' 61.00'

32 26 19

Toni, Lake 68.72' 68.00' 65.50' 63.50'

30 26 19

Twin, Lake 68.35' 67.50' 65.00' 63.00'

28 26 19





75 -











Unnamed #26 68.72' 68.00' 65.50' 63.50'

25 26 18

(t) In Pasco County

Within The

Pinellas-Anclote

River Basin

Bass Lake (Holiday) 48.80' 48.75' 45.75' 45.00'

34 26E 17S

Big Lake Vienna 70.70' 70.25' 67.00' 65.00'

23 26 18

Camp 64.30' 64.00' 61.75' 59.00'

34 26 18

Fishing Lake 48.80' 48.75' 45.75' 45.00'

34 26E 17S

Geneva Lake (Mud) 51.20' 50.00' 48.00' 46.00'

26 26E 17S

Linda 67.30' 66.75' 64.00' 62.00'

26 26 18

Little Moss (Como) 67.00' 66.00' 63.00' 62.00'

35 26 18

Minniola, Lake 51.20' 50.00' 48.00' 46.00'

34 26E 17S





76 -











Moss 65.00' 64.00' 61.50' 59.00'

35 26 18

Parker Lake (Ann) 48.80' 48.75' 45.75' 45.00'

35 26E 17S

Seminole, Lake 49.20' 48.75' 46.00' 45.00'

35 26E 17S

Thomas 75.60' 75.00' 72.50' 71.50'

11 26 18

Wistaria 74.90' 74.00' 71.00' 69.00'

2 26 18

(u) In Pasco County

Within The

Withlacoochee River

Basin

Buddy, Lake 97.02' 94.50' 91.50' 90.00'

S17 T25S R21E

Pasadena, Lake 97.02' 94.50' 91.50' 90.00'

16 25S 21E

Clear Lake 127.90' 127.50' 125.25' 123.75'

1 25S 20E










77 -












(v) In Pinellas

County Within The

Pinellas-Anclote

River Basin

Lake Tarpon 4.20' 3.80' 2.20' 1.00'

7 27S 16E

8 27S 16E

16 27S 16E

17 27S 16E

18 27S 16E

19 27S 16E

20 27S 16E

28 27S 16E

29 27S 16E

30 27S 16E

32 27S 16E

33 27S 16E

4 28S 16E

(w) In Polk County

Within The Alafia

River Basin

Scott, Lake 168.60' 168.00' 165.00' 164.25'


78 -











(x) In Polk County

Within The Green

Swamp Basin

Agnes, Lake 135.20' 135.75' 134.75' 130.75'

Alfred 132.30' 130.75' 128.25' 126.25'

S30 T27S R26

Arietta, Lake 144.00' 144.00' 141.00' 138.00'

Camp, Lake 133.40' 134.50' 132.00' 130.00'

Clearwater Lake 146.20' 143.50' 141.00' 139.00'

Cummings 131.50' 131.00' 127.50' 125.50'

S31 T27 R26

Eva 132.30' 131.50' 129.00' 127.00'

S29 T27 R26

Grassy Lake 133.20' 132.00' 129.50' 128.00'

(Big Glades)

Griffin 132.30' 131.50' 129.00' 127.00'

S30 T27 R26

Gum, Lake 132.60' 131.00' 128.50' 126.00'

Haines, Lake 129.70' 128.75' 126.50' 124.50'

Helene, Lake 144.80' 144.00' 141.00' 139.00'

Juliana, Lake 134.70' 132.50' 130.00' 127.50'

Little.Lake Agnes 135.20' 136.00' 133.00' 131.00'

Little Van Lake 141.40' 139.00' 136.50' 135.50'

Mattie, Lake 134.70' 132.50' 130.00' 127.50'



79 -





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