Title: Minimum Flows and Levels and Recovery Strategy Rule Revisions
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 Material Information
Title: Minimum Flows and Levels and Recovery Strategy Rule Revisions
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Minimum Flows and Levels and Recovery Strategy Rule Revisions
General Note: Box 16, Folder 7 ( WCRWSA - 1998 ), Item 12
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00003983
Volume ID: VID00001
Source Institution: Levin College of Law, 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






AGENDA ITEM 34



DATE: March 4, 1998

TO: Board of Directors
West Coast Regional Water Supply Authority

TeAtho *)iFr FROM: Donald D. Conn, General Counse (-/

SUBJECT: Minimum Flows and Levels, and Recovery Strategy Rule Revisions



ISSUE: What is the status of the District's proposed rule on Minimum Flows and Levels, and
the Recovery Strategy?

RECOMMENDATION: This item is presented for discussion.

DISCUSSION: Over the past 18 months the District has been actively revising its minimum
flows and levels rule, Chapter 40D-8, F.A.C., in response to legislative directives. In addition,
the District has been developing the minimum flow and level recovery strategy, Chapter 40D-80,
F.A.C., which was also a legislative requirement. The District currently plans to hold its final
hearing on revisions to Rules 40D-8 and 40D-80 at the April, 1998 Governing Board meeting.

Chapter 40D-8, F.A.C., has the potential to affect the Authority's water supply operation,
management and planning activities, and also its new project construction activities. Thus, it is
important to review and understand the proposed rules' regulatory effects not only on existing
operations but on future development. The proposed 40D-8 rule is referenced in the District's
water use permitting rules (Chapter 40D-2 and Basis of Review), and also in its environmental
resource permitting rules (Chapter 40D-4). However, provisions of these proposed rules state
that while the recovery strategy is in effect, water use permit applicants and existing permittees
are not required to comply with the permitting criteria listed in rule sections 40D-2.301(l)(b) and
(1)(c). Rule 40D-2.301(l)(c) deals with adverse environmental impacts caused by water
withdrawals, and Rule 40D-2.301(1)(b) deals with quantity or quality changes which adversely
impact surface and ground waters.

Minimum Flows and Levels Set in Chapter 40D-8

The rule does propose a minimum flow for the Lower Hillsborough River at the base of the
Hillsborough Reservoir dam of 10 cubic feet per second. This minimum flow requirement is not
effective until the year 2000, and would appear to have minimal impact on the Authority's water
supply proposals for diverting flow from the Hillsborough River during high flow times.


\\CLEARWATER\WCRWSA\WCRWSA\GENCONCL\CONN\BOARD\MFL.MEM


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Board of Directors
March 4, 1998
Page -2-


The rule proposes no minimum flow for the Tampa By-Pass Canal at its most downstream
structure. Therefore, this proposed rule would not affect the Authority's ability to use the Tampa
By-Pass Canal as a water supply source.

Rule 40D-8.624 establishes minimum water levels in 42 wetlands located throughout northern
Hillsborough, Pinellas and Pasco counties. These wetlands are located either on or near existing
wellfields or on the Cone Ranch property, and the minimum water levels are set at levels which
equate to no significant harm to the wetlands. Therefore, these levels would affect the
Authority's current operation and management of its wellfield facilities and might affect the
planning and permitting of any facilities located on the Cone Ranch site if these levels were to be
given regulatory effect.

However, for existing permitted facilities, these minimum levels set forth in Rule 40D-8.624 have
no regulatory effect until the District implements a recovery strategy. With adoption of a
recovery strategy, wellfield pumpage reductions will occur over a period of years, and the
District intends to evaluate the effectiveness of the recovery strategy at the end of the year 2010.
Thus, this rule appears to have no immediate effect upon the Authority's wellfield operation
activities.

Rule 40D-8.625 establishes three guidance levels and two minimum levels for 32 lakes in this
area located near Authority wellfields. The establishment of these levels may effect the
Authority's operation and management of its facilities. Other factors besides wellfield pumpage
may be contributing to changes in water levels in a particular lake. Therefore, the effect of these
minimum lake levels on the Authority's ability to pump at its existing facilities will need to be
evaluated on a case by case basis.

However, for existing permitted facilitaties, these minimum levels set forth in Rule 40D-8.625
have no regulatory effect until the District implements a recovery strategy. With adoption of a
recovery strategy, wellfield pumpage reductions will occur over a period of years, and the
District intends to evaluate the effectiveness of the recovery strategy at the end of the year 2010.
Thus, this rule appears to have no immediate effect upon the Authority's wellfield operation
activities.

Rule 40D-8.626 has been reserved by the District in the February 18, 1998 draft rule. This rule
section in previous drafts contained the proposed Floridan Aquifer Minimum levels. These levels
are now located in Chapter 40D-80, have been renamed management levels, and are targeted for
compliance by the end of the year 2010. Therefore, there are no proposed Floridan Aquifer
minimum levels in Chapter 40D-8 which would have any immediate effect upon the Authority's
wellfield operation and management activities.











Board of Directors-
March 4, 1998
Page -3-


Recovery Strategy

The District has proposed the recovery strategy in Chapter 40D-80, F.A.C. The District's
Governing Board is required to adopt the regulatory portion of the recovery strategy by rule.
The objective of the recovery strategy is to achieve the minimum levels set forth for the
wetlands and lakes identified in Rules 40D-8.624 and 40D-8.625, discussed above. The District
will evaluate the success of this recovery strategy after the year 2010.

The District's proposed recovery strategy includes reference to the District's proposed Northern
Tampa Bay Agreement (Partnership Plan) and the Authority's Master Water Plan, but is not
dependent upon either of these plans for its implementation.

The Partnership Agreement would provide a funding source for the Authority to construct
District-approved water supplies to replace some quantities of water currently produced from the
11 existing Central System wellfields. Permits for these wellfields would be reduced over time to
no more than 90 mgd annual average by the end of 2007. This Agreement is to be signed by July
1, 1998. By July 1, 1998, if the Authority has not signed the Agreement or has not submitted
permit applications to modify existing permits to reduce quantities, the District will initiate
actions to modify existing permitted quantities in order to implement the recovery strategy.

Fundamental to successful implementation of the recovery strategy is the Authority's wellfield
operations plan for the Central System Facilities which is required to be submitted to the District
by July 1, 1998 for its approval. The operations plan may then be updated annually and from time
to time, as appropriate. The Authority and its member governments are also required to submit a
mitigation plan to the District to address unacceptable adverse impacts to wetlands and lakes
resulting from withdrawals at Central System Facilities. The mitigation plan is to be submitted by
July 1, 1999.

In summary, with an adopted recovery strategy the minimum flows and levels in Chapter 40D-8
and conditions for permit issuance in Rules 40D-2.301(1)(b) and (1)(c) are suspended, and the
Authority has time to develop new water supply sources to replace the reductions in permitted
quantities that are required by the recovery strategy, as thereby address the minimum levels
proposed in Chapter 40D-8.


DDC/rak

Attachment


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February Recommendation:



Procedural Matters:



1. Approve changes to September action .


and 40D-80 Do not restart adoption:.


do not withdraw September action yet.

do not publish Februarychangesyet



2. Continue public hearing to keep rules open


technical analysis ::: ..... '


consistency with Partnership- .. .



3. Withdraw & republish only after ial hearing
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Feb uary Recommendation: (CONT'D)

Staff Recommendation:


1. Approve changes to September action and 40D-8
...ac. i n an. ',

2. Do not restart adoption process y.:et.


3. Continue current public hearing th ough :

Anril. 1998.


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4. Approve Stipulation


5. Approve notice of Al


for Dismissal '

ril final hearing
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Background


Septemb


S40D-8,


S40D-2,


S40D-4,


No 40D-8


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MinimumFlows and Levels' i'


Consumptive Use Permitting
Environmental Resurce Permtt g
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background, (CONT'D)

40D-8 September Action:
Created Methodologies and E tablished
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Isolated
Lakes -
Florida
Hillsbol
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rough River" belo. F l. ,t er
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February Recommendation:

Approve changes to the
rules as follows:

40D-8:
Wetlands
> Adjust significant harm

> Change numeric minim
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> Add 6 wetlands


- total


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February Recommendation: CONToD)


40D-8:

Lakes


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SChange methodology

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> Establish minimum high and minimum

level for:

9 original lakes

an additional 23 lakes


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February Recor

40D-8:

Aquifers

> Provide onl
levels (i.e.,


nmendation: (CONT'D) ,

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ly Floridan aquifer protection
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40D-4


ry Recommendation: (CONT')







rify that compliance with D2 riteria

wetlands and lakes is s spndd only
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il recovery completed

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February Recommendation: (coNTr
40D-80:
> Sets forth first phase of regulatory
portion of Recovery Strategy:'' -:
Acknowledges, but is independent "f, .
Partnership Plan and WCR Master Plan''.
> If Agreement signed, then terminates, I
Rules remain in effect, pending any:. ."
rulemaking, permit modification or other
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February Recommendation: (CONTD)


Objective of Recovery Strategy :


> Recover actual levels Mi mum. land
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& Lake Levels ..,'



1 Focuses recovery on Centraln System

wellfield pumping


Reduce pumping to 121 ..m2gd by 2002, ,

90 mgd by 2007 1 .. ... :; .
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MIC y nCLVllii 1clucluIlI. (CONT'D)


- Create zones around wellfields within

which Minimum :Wetlandand Lake ,

Levels established


Define zones by Floridan Aquifer

Recovery Management Levels

(Target Levels)


- Target Levels evaluated in 2010
evaluate d:: ln; ;i ,


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February Recommendation: (CONTD)
Minimum Lake and Wetland Levels in
flexible zones met by pumping reductions
& other means :.. --; : '/.

> WCRWSA and Local Gov'ts to submit
operational plan to optimize resource and
supply benefits which will achieve, ,12002. 2007

> Mitigation plan for critical wetlands and lakesi:
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February Recomr
> Other users
renewal and
strategy

o Periodic revi,

> Comprehensi
resources an

> If necessary,


nendation: (CONT'D)


addressed permit by permit at
in light of overall recovery
*. ,,. ;.*I ,:

ew .

ive evaluation of status of
d recov eryin' '
secondL bpha se IMP een ed ,
second phase i mpf-em e iled
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;.14




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