19128708, 40DER17-01 - Florida Administrative Rules, Law, Code, Register

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Notice: 19128708

Notice of Emergency Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Overview

RULE:

40DER17-01

Minimum Flows for Rainbow River System

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

The District is required by section 373.042(2)(a), F.S., to adopt a minimum flow or minimum water level (MFL) for the Rainbow River System (an Outstanding Florida Spring) by July 1, 2017. To ensure that the District meets its statutory requirement to adopt MFLs for the Rainbow River System by July 1, 2017, to set limits on further withdrawals that would be significantly harmful to the water resource values (water resources or ecology of the area) of the system, the District is adopting this emergency rule. The basis for this finding of an immediate danger to the public health, safety, or welfare also includes section 373.042(2)(c), F.S., which provides as follows:
The Legislature finds as provided in section 373.801(3)(b) that the adoption of minimum flows and minimum water levels or recovery or prevention strategies for Outstanding Florida Springs requires immediate action. The department and the districts are authorized, and all conditions are deemed to be met, to use emergency rulemaking provisions pursuant to section 120.54(4) to adopt minimum flows and minimum water levels pursuant to this subsection and to adopt recovery or prevention strategies concurrently with a minimum flow or minimum water level pursuant to section 373.805(2). The emergency rules shall remain in effect during the pendency of procedures to adopt rules addressing the subject of the emergency rules.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

The procedure used by the District to adopt the emergency rule is fair under the circumstances. Affected persons have had a minimum of one week prior notice of the emergency rule. The District included the proposed emergency rule in the Governing Board’s monthly meeting packet which is available to the public at a minimum of seven days prior to the day that the Board and Executive Director approved and filed the emergency rule for adoption. The public is given an opportunity to comment on all matters before the Board during its meetings. The Board’s meeting packet information is posted on the District’s website. Additionally, on June 19, 2017, the District posted on its website a copy of the Draft Final Report for the Rainbow River System MFL proposed in rule 40D-8.041, F.A.C., which contains the proposed emergency rule language. The emergency rule will be posted on the District’s website.

SUMMARY:

Until the MFL proposed in 40D-8.041(19), F.A.C., becomes effective, this emergency rule will temporarily establish minimum water flow for the Rainbow River System, an Outstanding Florida Spring, pursuant to the mandate of section 373.042, F.S. The minimum flow for the Rainbow River System was developed utilizing the percent-of-flow approach and is expressed in cubic feet per second as a long-term average flow adjusted for groundwater withdrawals from 1965 to 2015 at the USGS Rainbow River at Dunnellon, FL Gage. As with all minimum flows and levels established by the District, if adopted, the minimum flow in this rule would be used as a basis for imposing limitations on withdrawals of groundwater and surface water in the water use permitting regulatory process and for reviewing proposed surface water management systems in the environmental resource permitting regulatory process.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Melissa Gulvin, Government Affairs Program Manager, 2379 Broad Street, Brooksville, FL 34604, melissa.gulvin@watermatters.org, (352)796-7211 or 1(800)423-1476 (FL Only) ext. 4419.

PRINT PUBLISH DATE:

6/29/2017 Vol. 43/126

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=40DER17-01&PDate=6/29/2017&Section=4

REFERENCE MATERIALS:

No reference(s).

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