Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-8 - MINIMUM FLOWS AND LEVELS › Part IV - IMPLEMENTATION › Section 40E-8.421 - Prevention and Recovery Strategies

Current through Reg. 50, No. 138; July 16, 2024
(1)
				  At the time of adoption of this rule, the existing flow or level for certain
				  specified water bodies is below, or within 20 years is projected to fall below,
				  the applicable MFL. For this reason, Section
				   373.709, F.S., requires regional
				  water supply plans to contain recovery and prevention strategies, including
				  water resource development and water supply development projects that are
				  needed to achieve compliance with MFLs during the planning period. The
				  implementation of such projects will allow for the orderly replacement or
				  enhancement of existing water sources with alternative supplies in order to
				  provide sufficient water for all existing and projected reasonable-beneficial
				  uses, consistent with Section
				   373.0421, F.S.
(a) MFLs and recovery and prevention
				  strategies will be implemented in phases with consideration of the District's
				  missions in managing water resources, including water supply, flood protection,
				  environmental enhancement and water quality protection, as required by Section
				   373.016, F.S.
(b) MFLs are implemented to prevent
				  significant harm to the water resources and, where applicable, the ecology of
				  the area due to further withdrawals (Sections
				   373.042 and
				   373.0421, F.S.). A consumptive
				  use permitting program is implemented to prevent harm to the water resource
				  (Section  373.219, F.S.). A water shortage
				  program is implemented to prevent serious harm to the water resource (Sections
				   373.175 and
				   373.246, F.S.). Additionally,
				  the protection of water resources will, in part, be achieved through the
				  reservation of water for fish and wildlife or public health and safety (Section
				   373.223(4),
				  F.S.). The conceptual model identifying the relationships between these water
				  resource protection requirements is set forth in Figure I in this
				  Part.
(c) The rules implementing
				  water resource protection tools, including Chapters 40E-2, 40E-8, 40E-21,
				  40E-22, F.A.C., and the "Applicant's Handbook for Water Use Permit Applications
				  within the South Florida Water Management District," incorporated by reference
				  in Rule  40E-2.091, F.A.C., identify the
				  specific factors and conditions that will be applied and considered in
				  implementing the conceptual model. Due to the extreme variations in water
				  resource conditions, climatic conditions, hydrologic conditions, and economic
				  considerations that will be faced when implementing these rules, it is critical
				  to apply such criteria flexibly and to reserve for the governing board the
				  ability to implement water resource protection and allocation programs
				  considering all of the District's missions under Chapter 373, F.S., and to
				  balance water supply, flood protection, resource protection and water quality
				  protection needs. Implementation of the recovery and prevention strategies will
				  be achieved in compliance with the assurances to consumptive users and to
				  natural systems contained in the LEC Plan and the LWC Plan.
(d) The phasing and timetables for
				  implementation of structural components in recovery and prevention strategies
				  contained in approved regional water supply plans are found to meet the
				  requirements in Section
				   373.0421(2),
				  F.S., for the expeditious and practicable recovery of the MFLs.
(e) Upon completion of each project or
				  project phase of a recovery or prevention plan the District will certify the
				  availability of water, as defined in subsection
				   40E-8.021(5),
				  F.A.C.
(f) In order to ensure that
				  the actual and projected performance of prevention and recovery strategies
				  approved in the regional waters supply plans is sufficient to meet water
				  resource needs, including MFLs, and the existing and projected
				  reasonable-beneficial uses, the District will update recovery and prevention
				  strategies on a periodic basis, based on new information and system
				  performance. The performance of the recovery and prevention strategies in
				  comparison to the performance projected in the regional water supply plans,
				  will be assessed by the District for each recovery or prevention strategy
				  phase. Based on the actual performance and new information obtained regarding
				  the water resources, the District will review and revise, if necessary,
				  recovery and prevention strategies through the regional water supply plan
				  update process every five years, or sooner, as required by Section
				   373.709, F.S. At that time, the
				  governing board will determine if rule modifications to the MFL or recovery and
				  prevention strategies are necessary to continue to meet the requirements of
				  Sections  373.042 and
				   373.0421, F.S.
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