7680671, 40D-80.075 - Florida Administrative Rules, Law, Code, Register

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Notice: 7680671

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

- RECOVERY AND PREVENTION STRATEGIES FOR MINIMUM FLOWS AND LEVELS

Overview

RULE:

40D-80.075

Regulatory Portion of Recovery Strategy for the Dover/Plant City Water Use Caution Area (Repealed)

PURPOSE:

To adopt rules describing the recovery strategy for minimum flows for the Lower Alafia River System which minimum flows are being adopted simultaneously with these rules. The actual flows are below the minimum flows being proposed for the Lower Alafia River System, so pursuant to Section 373.0421, F.S., the District must develop a recovery strategy to achieve the minimum flows. The proposed rules will establish a recovery strategy for the minimum flows for the Lower Alafia River System.

SUMMARY:

Mosaic Fertilizer’s Riverview Facility (Water Use Permit No. 20001532) depends on withdrawals from Lithia Major Spring and Buckhorn Main Spring for plant operations. Because there is no LFT limitation in the permit, the permitted withdrawals will violate the proposed minimum flows. When this occurs, Florida law, Section 373.0421, Florida Statute, requires a recovery strategy so that the minimum flow is achieved. The District and Mosaic have developed a recovery strategy that will allow Mosaic to continue the operation of the Riverview facility during low flow periods and meet the minimum flows by January 1, 2017. The recovery strategy requires augmentation of the South Prong of the Alafia River to replace their spring withdrawals when the flow in the lower Alafia River for the previous day falls below the LFT of 120 cfs. The augmentation will be done using upper Floridan aquifer agriculture wells permitted to Mosaic. The wells are located within the MIA of the SWUCA and a Net Benefit is required to use the agricultural wells for this purpose. The necessary quantities will be retired by December 31, 2016, to meet the Net Benefit requirements and to replace the withdrawals from the springs. In July 2009 Mosaic was issued a water use permit to use the agricultural wells for this purpose, subject to adoption of the minimum flows and recovery strategy.

RULEMAKING AUTHORITY:

373.0421, 373.044, 373.113, 373.171 FS.

LAW:

373.016, 373.023, 373.036, 373.0395, 373.042, 373.0421, 373.171 FS.

PRINT PUBLISH DATE:

9/25/2009 Vol. 35/38

COMMENTS:

From 9/25/2009 To 10/16/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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