Fla. Admin. Code Ann. R. 62-40.473 - Minimum Flows and Levels

(1) In establishing minimum flows and levels pursuant to Sections 373.042 and 373.0421, F.S., consideration shall be given to natural seasonal fluctuations in water flows or levels, nonconsumptive uses, and environmental values associated with coastal, estuarine, riverine, spring, aquatic, and wetlands ecology, including:

(a) Recreation in and on the water;

(b) Fish and wildlife habitats and the passage of fish;

(c) Estuarine resources;

(d) Transfer of detrital material;

(e) Maintenance of freshwater storage and supply;

(f) Aesthetic and scenic attributes;

(g) Filtration and absorption of nutrients and other pollutants;

(h) Sediment loads;

(i) Water quality; and,

(j) Navigation.

(2) Water bodies experience variations in water flows and levels that often contribute to significant functions of the system, such as those described in subsection 62-40.473(1), F.A.C. Minimum flows and levels should be expressed as multiple flows or levels defining a minimum hydrologic regime, to the extent practical and necessary to establish the limit beyond which further withdrawals would be significantly harmful to the water resources or the ecology of the area as provided in Section 373.042(1), F.S. However, a minimum flow or level need not be expressed as multiple flows or levels if other resource protection tools, such as reservations implemented to protect fish and wildlife or public health and safety, that provide equivalent or greater protection of the hydrologic regime of the water body, are developed and adopted in coordination with the minimum flow or level.

(3) Established minimum flows and levels shall be protected during the construction and operation of water resource projects and, where relevant, to the issuance of permits pursuant to Section 373.086 and Parts II and IV of Chapter 373, F.S.

(4) Established minimum flows and levels shall be protected during declaration of a water shortage pursuant to Section 373.175 or 373.246, F.S., except when the drought is of a severity that such protection would compromise public health and safety, or such protection would otherwise be inconsistent with the public interest as determined by the governing board.

(5) After the effective date of this rule, recovery and prevention strategies shall be developed as follows:

(a) At the time the minimum flow or level is initially adopted, if the water body is below or is projected to fall within 20 years below, the initial minimum flow or level, the District shall simultaneously approve the recovery or prevention strategy required by Section 373.0421(2), F.S.

(b) After the initial adoption, when a minimum flow or level is revised, if the water body is below or is projected to fall within 20 years below, the revised minimum flow or level, the District shall simultaneously approve the recovery or prevention strategy required by Section 373.0421(2), F.S. or modify an existing recovery or prevention strategy. The District may adopt the revised minimum flow and level prior to the approval of the recovery or prevention strategy if the revised minimum flow and level is less constraining on existing or projected future consumptive uses.

(c) For water bodies without a prevention or recovery strategy, when the District determines the water body has fallen below, or is projected to fall within 20 years below, the adopted minimum flow or level, the District shall expeditiously approve a recovery or prevention strategy.

(6) A minimum flow or level recovery or prevention strategy shall include phasing or a timetable which will allow for the provision of sufficient water supplies for all existing and projected reasonable-beneficial uses, including development of additional water supplies and implementation of conservation and other efficiency measures concurrent with, to the extent practical, and to offset, reductions in permitted withdrawals. In the development of a recovery or prevention strategy, the District shall consider the need for water resource or water supply development, additional regulatory measures, and implementation of additional water conservation measures.

(7) All approved applicable recovery or prevention strategies shall be expeditiously implemented.

(8) For water bodies that are below their established minimum flow or level, renewals of existing consumptive use permits, increased allocations, or new withdrawals shall be allowed only if they meet applicable District rules, including those implementing the recovery or prevention strategy.

(9) A minimum flow and level priority list and schedule, meeting the requirements of Section 373.042(2), F.S. shall be submitted to the Department annually. At a minimum, the schedule shall include the minimum flows and levels planned for establishment in the next three years. The priority list shall also identify whether or not voluntary scientific peer review will be undertaken for those water bodies and the basis for the decision. The District shall identify any water bodies included on the list which may be affected by withdrawals occurring in other Districts.

(10) In determining whether to conduct voluntary independent scientific peer review of all scientific or technical data, methodologies, and models, including all scientific and technical assumptions employed in each model, used to establish a minimum flow or level pursuant to Section 373.042(4), F.S., the District shall consider:

(a) Whether or not the minimum flow or level is based on a previously peer-reviewed methodology;

(b) The level of complexity of the minimum flow and level;

(c) Whether or not the water body for which the minimum flow and level is being developed includes water resource characteristics that are substantially different than previously peer reviewed minimum flows or levels; and,

(d) The degree of public concern regarding the minimum flow and level.

Notes

Fla. Admin. Code Ann. R. 62-40.473

Rulemaking Authority 373.026(7), 373.036, 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.036(1)(d), 373.042, 373.0421, 373.086, 373.103, 373.171, 373.175, 373.223, 373.246, 373.250, 373.413, 373.414, 373.416, 373.418, 373.451, 373.453, 373.703, 403.064, 403.0891 FS.

New 5-5-81, Formerly 17-40.08, Amended 12-5-88, Formerly 17-40.080, 17-40.405, Formerly 17-40.473, Amended 7-20-95, 5-7-05, 5-6-13.

New 5-5-81, Formerly 17-40.08, Amended 12-5-88, Formerly 17-40.080, 17-40.405, Formerly 17-40.473, Amended 7-20-95, 5-7-05, 5-6-13.