Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-8 - WATER LEVELS AND RATES OF FLOW › Section 40D-8.011 - Policy and Purpose

Current through Reg. 50, No. 138; July 16, 2024
(1) The purpose of
				Chapter 40D-8, F.A.C., is to establish Minimum Flows and Levels at specific
				locations throughout the District pursuant to Sections
				 373.042 and
				 373.0421, F.S., to describe
				Guidance Levels for lakes, and to describe how the Minimum Flows and Levels
				will be used by the District. Minimum Flows and Levels are intended to prevent
				significant harm to the water resources or ecology of the area as provided in
				Section  373.042, F.S. In those areas
				where the Long-term flow or water level is below the Minimum Flow or Level the
				District will implement a recovery strategy which will be contained within the
				District's Water Management Plan and, if required by law, portions or all shall
				be adopted by rule.
(2) Where
				appropriate, Minimum Flows and Levels may reflect seasonal variations and may
				include a schedule of variations and other measures appropriate for the
				protection of non-consumptive uses and the water resources.
(3) A further purpose of Chapter 40D-8,
				F.A.C., is to establish Guidance Levels for surface waters which are
				anticipated to occur on a somewhat regular basis, and which shall serve as a
				precautionary warning to all persons who would propose to construct facilities
				which may be damaged by periodic high or low water levels.
(4) Minimum Flows and Levels prescribed in
				Chapter 40D-8, F.A.C., are used in water resource planning, as one of the
				criteria in evaluating applications for water use permits under Chapter 40D-2,
				F.A.C., and, in the design, construction and management of surface water
				management systems as specified in subsection
				 40D-8.031(3),
				F.A.C. The existence of a Minimum Flow or Level for a water body, where that
				water body is proposed to be impacted by an activity that requires a permit
				under Chapter 40D-2, Consumptive Use Permitting, or Chapter 40D-4, F.A.C.,
				Environmental Resource Permits, does not override the applicability of all
				other permitting criteria nor alter the manner in which the District evaluates
				compliance with permitting criteria, except to the extent that the MFL criteria
				is supplemental to all other criteria.
(5) The Minimum Flows and Levels established
				in this Chapter 40D-8, F.A.C., are based on the best information available at
				the time the Flow or Level was established. The best available information in
				any particular case will vary in type
,
scope, duration, quantity
				and quality and may be less than optimally desired. In addition, in many
				instances the establishment of a Minimum Flow or Level requires development of
				methodologies that previously did not exist and so are applied for the first
				time in establishing the Minimum Flow or Level. The District has many ongoing
				environmental monitoring and data collection and analysis programs, and will
				develop additional programs over time. The District intends to coordinate with
				local governments, Tampa Bay Water, government-owned and privately-owned
				utilities, environmental regulation agencies, Tampa Bay Estuary Program, public
				interest groups and other affected and interested parties to design, create,
				and implement the program. Together with all the parties' designated experts, a
				long-term independent scientific peer review shall be included in the programs.
				These programs will supplement the District's available information upon which
				Minimum Flows and Levels can be established and reviewed. These programs
				collectively provide information to assist in 1) characterizing water regimes
				in wetland systems, and the relationships between and among surficial features,
				the surficial aquifer, and the Floridan aquifer; and 2) evaluating the measures
				available to prevent significant harm to the water resources and ecology, in
				addition to withdrawal management, and the effectiveness of those measures.
				Therefore, to apprise the Governing Board of advancements made under those
				programs
,
the District shall annually update the Governing Board
				regarding
:
(a) The status of the
				water levels for those water bodies for which Minimum Flows or Levels have been
				established; and
(b) Any additional
				information or methodologies, as appropriate
,
that could be
				applied to:
1. Assess established Minimum
				Flows or Levels; or
2. Establish
				Minimum Flows or Levels for additional water bodies; or
3. Determine compliance with Minimum Flows or
				Levels.