Fla. Admin. Code Ann. R. 62-40.474 - Reservations

(1) The governing board or the department, by rule, may reserve water from use by permit applicants, pursuant to Section 373.223(4), F.S., in such locations and quantities, and for such seasons of the year, as in its judgment may be required for the protection of fish and wildlife or the public health and safety. Such reservations shall be subject to periodic review at least every five years, and revised if necessary in light of changed conditions. However, all presently existing legal uses of water shall be protected so long as such use is not contrary to the public interest.

(a) Reservations may be used for the protection of fish and wildlife to:

1. Aid in a recovery or prevention strategy for a water resource with an established minimum flow or level,

2. Aid in the restoration of natural systems which provide fish and wildlife habitat,

3. Protect flows or levels that support fish and wildlife before harm occurs,

4. Protect fish and wildlife within an Outstanding Florida Water, an Aquatic Preserve, a state park, or other publicly owned conservation land with significant ecological value, or

5. Prevent withdrawals in any other circumstance required to protect fish and wildlife.

(b) Reservations may be used for the protection of public health and safety to:

1. Prevent sinkhole formation,

2. Prevent or decrease saltwater intrusion,

3. Prevent the movement or withdrawal of groundwater pollutants, or

4. Prevent withdrawals in any other circumstance required to protect public health and safety.

(2) Reservations shall, to the extent practical, clearly describe the location, quantity, timing, and distribution of the water reserved.

(3) Reservations can be adopted prospectively for water quantities anticipated to be made available. When water is reserved prospectively, the reservation rule shall state when the quantities are anticipated to become available and how the reserved quantities will be adjusted if the actual water made available is different than the quantity anticipated.

(4) The District shall conduct an 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 reservation if the District determines such a review is needed. In determining whether to conduct an independent scientific peer review the District should include consideration of:

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

(b) The level of complexity of the reservation;

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

(d) The degree of public concern regarding the reservation.

(5) During the annual development and submittal of the minimum flow and level priority list, required by Section 373.042, F.S., the District shall identify any water bodies for which a reservation of water is proposed under Section 373.223(4), F.S., and whether the reservation is proposed for the protection of fish and wildlife or the public health and safety.

Notes

Fla. Admin. Code Ann. R. 62-40.474

Rulemaking Authority 373.026(7), 373.036, 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.036, 373.042, 373.046, 373.103, 373.106, 373.171, 373.175, 373.223, 373.246, 373.418, 373.451, 373.453, 373.703, 403.0891 FS.

New 5-7-06, Amended 5-6-13.

New 5-7-06, Amended 5-6-13.