14292094, 62-42.100 - Florida Administrative Rules, Law, Code, Register

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Notice: 14292094

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

Minimum Flows and Levels

Overview

RULE:

62-42.100	Scope
62-42.200	Definitions
62-42.300	Minimum Flows and Levels and Recovery and Prevention Strategies

PURPOSE:

The purpose of the proposed rules 62-42.100, 62-42.200, and 62-42.300, F.A.C., is to establish and adopt Minimum Flows and Levels (MFLs) for water bodies in Florida. Specifically, in Rule 62-42.100, the Department proposes for adoption a scope identifying the purposes of the rule chapter and recognizing that recovery and prevention strategies may contain non-regulatory provisions to be included in the applicable district water supply plans. Rule 62-42.200 proposes for adoption technical definitions necessary to understand the other rules in the chapter (specifically, proposed Rule 62-42.300, F.A.C.), including the definitions of a Flow Duration Curve and a Flow Duration Frequency. Rule 62-42.300 proposes for adoption MFLs for the Lower Santa Fe and Ichetucknee Rivers and Associated Priority Springs.

SUMMARY:

By Board resolution, Suwannee River Water Management District requested that the Department adopt the MFLs for Lower Santa Fe and Ichetucknee Rivers and Associated Priority Springs. DEP adopted MFLs are effective in all districts without the need for further rulemaking. This proposed rule establishes a new rule chapter for Department-adopted MFLs and sets out the MFLs for the Lower Santa Fe and Ichetucknee Rivers and Associated Priority Springs. When it has been determined that a water body has fallen below, or is projected to fall within 20 years below, an adopted MFL, the Department must simultaneously approve the recovery or prevention strategy required by Section 373.0421(2), F.S., and paragraph 62-40.473(5), F.A.C. Therefore, the Department has proposed for adoption a regulatory strategy to be implemented during an initial phase of recovery, including provisions relating to existing permittees, renewal applicants, modification applicants, and new users. Specifically, new uses of water, whether by new users or by requests for increased allocations, must offset their impacts to the MFL water bodies. Users’ existing allocated quantities are found consistent with this recovery strategy.

RULEMAKING AUTHORITY:

373.026(7), 373.036(1)(d), 373.043, 373.171

LAW:

373.023, 373.026, 373.033, 373.036(1)(d), 373.0391, 373.0395, 373.042, 373.046, 373.0831, 373.086, 373.103, 373.106, 373.171, 373.175, 373.185, 373.1961, 373.223, 373.246, 373.250, 373.418, 373.451, 373.453, 403.0615(3), 403.064, 403.0891 FS., Ch. 2002-296, s. 38, Laws of Florida

PRINT PUBLISH DATE:

3/7/2014 Vol. 40/46

COMMENTS:

From 3/7/2014 To 3/28/2014 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-03947 Section 6.0: Supplemental Regulatory Measures

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