6606687, 40E-10.011 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 6606687

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

South Florida Water Management District

Chapter:

Water Reservations

Overview

RULE:

40E-10.011	Policy and Purpose
40E-10.021	Definitions
40E-10.031	Water Reservations Implementation
40E-10.041	Water Reservation Areas: Lower West Coast Planning Area

PURPOSE:

To define the quantity, location and timing of waters reserved from allocation for the protection of fish and wildlife pursuant to Section 373.223(4), F.S., for specified water bodies.

SUMMARY:

This chapter establishes both surface water and groundwater reservations for the Picayune Strand and the Fakahatchee Estuary. These reservations are based on information contained in the peer reviewed report entitled “Technical Document to Support a Water Reservation Rule for Picayune Strand and Downstream Estuaries”, which establishes the linkages between the identification of the reserved water and the protection of fish and wildlife. Because the water reservation authority under Section 373.223(4), F.S., authorizes the set aside of water from consumptive use, Chapter 40E-10, F.A.C. establishes that applicants for consumptive use permits meet the requirement of this chapter by providing reasonable assurances that criteria contained in rules governing issuance of individual and general water use permits are met. It also sets forth that presently existing legal uses for the duration of the permit existing on [effective date] are determined to be not contrary to the public interest, pursuant to Section 373.223(4), F.S. Finally, Chapter 40E-10, F.A.C. contains figures showing the location of the reserved water and the volume probability curves which simulated the surface water inflow that is protected by this Chapter.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.171 FS.

LAW:

373.016, 373.1501, 373.1502, 373.026, 373.219, 373.223, 373.4592, 373.4595, 373.470 FS.

PRINT PUBLISH DATE:

1/9/2009 Vol. 35/01

COMMENTS:

From 1/9/2009 To 1/30/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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