Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-2 - REGULATION OF CONSUMPTIVE USES OF WATER › Section 40A-2.223 - Reservation of Water

Current through Reg. 50, No. 138; July 16, 2024
(1) At U.S.
				Geological Survey gauging station No. 02358000, Apalachicola River at
				Chattahoochee, the magnitude, duration and frequency of observed flows are
				reserved for the protection of fish and wildlife of the river, floodplain and
				Apalachicola Bay.
(2) At U.S.
				Geological Survey gauging station No. 02358700, Apalachicola River near
				Blountstown, the magnitude, duration and frequency of observed flows are
				reserved for the protection of fish and wildlife of the river, floodplain and
				Apalachicola Bay.
(3) At and below
				U.S. Geological Survey gauging station No. 02359170, Apalachicola River near
				Sumatra, the magnitude, duration and frequency of observed flows are reserved
				for the protection of fish and wildlife of the river, floodplain and
				Apalachicola Bay.
(4) At U.S.
				Geological Survey gauging station No. 02359000, Chipola River near Altha, the
				magnitude, duration and frequency of observed flows are reserved for the
				protection of fish and wildlife of the Chipola River, Apalachicola River, the
				associated floodplains and Apalachicola Bay.
(5) The Governing Board finds that
				consumptive withdrawals of surface water from the main stem of the Apalachicola
				River are not in the public interest and therefore reserves from use by permit
				the flows specified in subsections (1), (2) and (3). Such reservation is made
				for all seasons of the year.
(6)
				The Governing Board finds that consumptive withdrawals of surface water from
				the main stem of the Chipola River and the Chipola Cutoff are not in the public
				interest and, therefore, reserves from use by permit the flows specified in
				subsection (4). Such reservation is made for all seasons of the year.
(7) For purposes of this Rule
				 40A-2.223, F.A.C., consumptive
				withdrawals shall mean withdrawals minus returns but shall not include
				evaporative losses. Diversions of surface water for cooling purposes, fish and
				wildlife propagation, fish and wildlife refuge, water based migratory bird
				hunting refuges and similar diversions are exempt from the provisions of this
				Rule  40A-2.223, F.A.C., provided that
				such diverted water, minus evapotranspiration, is returned to the Apalachicola
				River Basin.
(8) Nothing in this
				section shall exempt diversions as specified in subsection (7) from obtaining
				water use permits required elsewhere in this Chapter 40A-2, F.A.C.
(9) The Governing Board finds that surface
				water withdrawals by the City of Port St. Joe from the Chipola River is an
				alternative water supply as contemplated by Sections
				 373.019 and
				 373.707, F.S., and are therefore
				exempt from the provisions of this Rule
				 40A-2.223, F.A.C. Nothing in
				this section shall exempt the City of Port St. Joe from the permitting
				requirements of this Chapter 40A-2, F.A.C.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171,
					  373.216,
					  373.219  FS. Law Implemented
					 373.216,
					 373.219,
					  373.223 FS.
New 2-27-06, Amended
					 5-29-14.