18223601, 62-41.400 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 18223601

Notice of Development of Rulemaking

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

REGULATION OF THE CONSUMPTIVE USES OF WATER

Overview

RULE:

62-41.400	Outstanding Florida Springs, Scope of Rule
62-41.401	Outstanding Florida Springs, Conditions for Issuance of Permits
62-41.402	Outstanding Florida Springs, Uniform Definition of Harmful to the Water Resources of the Area

PURPOSE:

Springs are of great scientific importance in understanding the diverse functions of aquatic ecosystems. Water quality of springs is an indicator of local conditions of the Floridan Aquifer, which is a source of drinking water for many residents of this state. Water flows in springs may reflect regional aquifer conditions. In addition, springs provide recreational opportunities for swimming, canoeing, wildlife watching, fishing, cave diving, and many other activities in this state.  In 2016, SB 552 (2016-01, Laws of Florida) amended section 373.219, F.S., to require the department to adopt uniform rules for issuing permits which prevent groundwater withdrawals that are harmful to the water resources and a uniform definition of the term “harmful to the water resources” to provide water management districts with minimum standards necessary to be consistent with the overall water policy of the state for Outstanding Florida Springs.  The rule is likely to affect consumptive use permitting in the Northwest Florida, Suwannee River, St. Johns River, and Southwest Florida Water Management Districts.

SUBJECT:

The Department’s rulemaking effort will address uniform rules for issuing permits which prevent groundwater withdrawals that are harmful to the water resources and a uniform definition of the term “harmful to the water resources” for Outstanding Florida Springs.  “Outstanding Florida Spring” includes all historic first magnitude springs, including their associated spring runs, and the following additional springs, including their associated spring runs: De Leon Springs; Peacock Springs; Poe Springs; Rock Springs; Wekiwa Springs; and Gemini Springs.  The term does not include submarine springs or river rises.

RULEMAKING AUTHORITY:

373.026, 373.219, 373.813

LAW:

373.219, 373.223, 373.802

PRINT PUBLISH DATE:

11/1/2016 Vol. 42/213

RELATED STATUTES
AND LAWS:

373.026, 373.219, 373.813, 373.219, 373.223, 373.802

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=62-41.400&PDate=11/1/2016&Section=1

REFERENCE MATERIALS:

No reference(s).

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