23902854, 40E-2.091 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 23902854

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

South Florida Water Management District

Chapter:

CONSUMPTIVE USE

Overview

RULE:

40E-2.091

Publications Incorporated by Reference

PURPOSE:

The Kissimmee River Restoration Project (KRRP) restores over 40 square miles of river/floodplain ecosystem including 43 miles of meandering river channel and 27,000 acres of wetlands. The project is a joint partnership between the District and U.S. Army Corps of Engineers.  The KRRP involves an estimated $800 million public investment that was developed to address public concerns about the effects of the Central and Southern Florida Flood Control Project on the Kissimmee River — specifically the altered hydrology, loss of floodplain wetlands, and resulting loss of habitat and reduced populations of many species of fish and wildlife. The proposed rules identify and reserve water needed for the protection of fish and wildlife.

SUMMARY:

The proposed rules will reserve from additional allocation: 1) all surface water in the Kissimmee River, its floodplain, and the Headwaters Revitalization Lakes; 2) quantities of surface water up to specific water reservation stages in the Upper Chain of Lakes; and 3) surface water and groundwater in the surficial aquifer system and contributing waterbodies that contribute water to the reservation lakes and the Kissimmee River and floodplain.
The proposed reservation rules will be implemented in coordination with the District’s water use permitting program to ensure future water users do not withdraw reserved water. Direct and indirect withdrawals of water from the Kissimmee River and Headwaters Lakes will be limited to existing permitted water use allocations. Additional direct and indirect withdrawals of water from the Upper Chain of Lakes and contributing waterbodies will be limited to quantities of surface water above the proposed water reservation stages. Any new withdrawals authorized under the water use permitting program shall not reduce average annual flows at S-65 by 4.18 percent. This requirement is imposed to ensure that water use withdrawals do not interfere with KRRP restoration targets. The proposed rules also include regulatory criteria to protect downstream users in the Lake Okeechobee Service Area. 
The excerpt of the proposed amendments to the “Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District” is available on the District’s website at: https://www.sfwmd.gov/our-work/water-reservations.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.171, 373.216 FS

LAW:

373.042, 373.0421, 373.083, 373.109, 373.196, 373.219, 373.223, 373.224, 373.229, 373.232, 373.233, 373.236, 373.239, 373.250 FS

PRINT PUBLISH DATE:

11/20/2020 Vol. 46/227

COMMENTS:

From 11/20/2020 To 12/11/2020 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-05372 Excerpt from ERP Handbook Vol I effective 08/10/14
Ref-09390 Applicant's Handbook Volume 1

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