Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-80 - - RECOVERY AND PREVENTION STRATEGIES FOR MINIMUM FLOWS AND LEVELS › Section 40D-80.073 - Hillsborough River Recovery Strategy

Current through Reg. 50, No. 138; July 16, 2024
Beginning November 25, 2007, the Minimum Flow for the Lower
				  Hillsborough River shall be as provided in subsection
				   40D-8.041(1),
				  F.A.C., to be achieved on the time schedule as set forth below. The District
				  and the City of Tampa (City) shall measure the delivery of water to the base of
				  the dam relative to their respective elements as described below. The City
				  shall report this information to the District monthly on the 15th day of the
				  following month. In addition, the City shall submit a quarterly written report
				  of all activities and all progress towards timely completion of its elements of
				  the recovery strategy. Such reports will be submitted to the District within 15
				  calendar days after each calendar year quarter.
(1) The District and the City have entered
				into the Joint Funding Agreement Between The Southwest Florida Water Management
				District and The City of Tampa For Implementation of Recovery Projects To Meet
				Minimum Flows of The Lower Hillsborough River, dated October 19, 2007, (the
				Funding Agreement), which is incorporated herein by reference (
https://www.flrules.org/Gateway/reference.asp?No=Ref-13872
,
				effective 10/19/07). A copy of the Funding Agreement is available from the
				District upon request. The Funding Agreement and Rule
				 40D-80.073, F.A.C., constitute
				the District's recovery strategy for the Lower Hillsborough River required by
				Section  373.0421(2),
				F.S., and shall not compromise public health, safety and welfare.
(2) The schedule to achieve the Minimum Flows
				for the Lower Hillsborough River is as follows:
(a) Sulphur Springs.
Beginning on November 25, 2007, the City shall be required to
				  provide ten cubic feet per second (cfs) of water to the base of the City's dam
				  each day, provided such use will not compromise public health, safety and
				  welfare.
(b) Tampa Bypass
				Canal Diversions.
By January 1, 2008, provided that any permit that may be
				  required is approved, the District shall divert up to 7.1 million gallons of
				  water on any given day from the District's Tampa Bypass Canal (TBC) to the
				  Hillsborough River at the District's Structure 161. The District shall then
				  deliver water from the Hillsborough River immediately above the City's dam to
				  the base of the City's dam to help meet the minimum flow requirements of the
				  Lower Hillsborough River. Such diversions shall not occur if public health,
				  safety or welfare will be compromised.
1. The District shall complete a
				comprehensive analysis of these diversions within 90 days of the first year of
				operation to identify and subsequently make any mechanical or efficiency
				adjustments that may be necessary. The District shall use its best efforts to
				expedite obtaining any permit that may be needed to undertake these
				actions.
2. By October 1, 2013,
				provided that the transmission pipeline has been constructed and is
				operational, all of the water diverted from the TBC middle pool under this
				provision to help meet the minimum flow shall be provided to the Lower
				Hillsborough River per paragraph
				 40D-80.073(2)(g),
				F.A.C.
3. These diversions shall be
				prioritized as follows:
a. Priority Source One
				- Diversions From the TBC Middle Pool When the TBC Middle Pool is Above 12.0
				feet NGVD (1929 or its 1988 equivalent), and There is Flow of at Least 11 cfs
				Over the District's Structure 162.
On days when the TBC middle pool is above 12.0 feet NGVD
				  (1929 or its 1988 equivalent), as measured by the downstream gauge at the
				  District's Structure 161, and there is flow of at least 11 cfs over the
				  District's Structure 162, the District shall divert water from the TBC middle
				  pool to the Hillsborough River.
(I)
				The District shall then deliver 75 percent of any water diverted from the TBC
				to the Hillsborough River under this provision to the Lower Hillsborough River.
				Delivery of 75 percent of the water diverted from the TBC addresses concerns
				about potential losses due to subsurface leakage, evaporation and
				transpiration. This delivery shall be from the Hillsborough River just above
				the City's dam to the base of the City's dam, and shall supplement diversions
				from Sulphur Springs, Blue Sink and Morris Bridge Sink, as they are
				implemented, and as described in paragraphs
				 40D-80.073(2)(a), (c), (f), and
				(h), F.A.C.
(II) The TBC middle pool diversions will be
				limited to the quantity needed to achieve the minimum flow requirements of the
				Lower Hillsborough River set forth in subsection
				 40D-8.041(1),
				F.A.C., but will not exceed 7.1 million gallons on any given day.
(III) Such diversions shall cease from the
				TBC middle pool if the elevation difference between the TBC middle and lower
				pools exceeds 7.0 feet.
(IV) On
				days when flow over the Hillsborough River Dam naturally exceeds 20 cfs during
				the months of July through March, or 24 cfs during the months of April through
				June and when diversions from the TBC middle pool are not needed to replenish
				the supply from Storage Projects described in subsections
				 40D-80.073(3) and
				(4), F.A.C., diversions from the TBC middle
				pool shall not occur and any flows in the TBC lower pool above elevation 9.0
				feet NGVD (1929 or its 1988 equivalent), shall be available for water
				supply.
(V) Prior to October 1,
				2013, and during the months of March through June, on days when some water is
				needed from the TBC middle pool to help meet the minimum flow for the Lower
				Hillsborough River, all available water from the TBC middle pool not needed to
				be diverted in accordance with SWFWMD Water Use Permit No. 20006675 but not
				exceeding 7.1 million gallons on any given day will be diverted to the
				Hillsborough River. Water delivered to the Hillsborough River in excess of that
				needed to help meet the minimum flow of the Lower Hillsborough River shall
				remain in the Hillsborough River above the dam. Keeping this water in the
				Hillsborough River above the dam will reduce the time and quantities of
				supplemental flow needed to help meet the minimum flow requirements.
(VI) During the months of July through
				February, on days when water is needed from the TBC middle pool to help meet
				the minimum flow of the Lower Hillsborough River, only that amount of water
				needed to help meet the minimum flow but not in excess of 7.1 million gallons
				on any given day shall be diverted from the TBC middle pool to the Hillsborough
				River, and any water in the TBC middle and lower pools above elevations 12.0
				and 9.0 feet NGVD (1929 or its 1988 equivalent), respectively, shall be
				available for water supply.
b. Priority Source Two - Diversions When the
				TBC Middle Pool is Above 12.0 feet NGVD (1929 or its 1988 equivalent), and the
				Flow Over the District's Structure 162 is Less Than 11 cfs.
On days when the TBC middle pool is above 12.0 feet NGVD
				  (1929 or its 1988 equivalent), as measured by the downstream gauge at the
				  District's Structure 161, and the flow over the District's Structure 162 is
				  less than 11 cfs, the District shall divert water from the TBC middle pool to
				  the Hillsborough River.
(I) The
				District shall then deliver 75 percent of any water diverted from the TBC
				middle pool to the Hillsborough River under this provision to the Lower
				Hillsborough River. Delivery of 75 percent of the water diverted from the TBC
				addresses concerns about potential losses due to subsurface leakage,
				evaporation and transpiration. This delivery shall be from the Hillsborough
				River just above the City's dam to immediately below the City's dam, and shall
				supplement diversions from Sulphur Springs, Blue Sink and Morris Bridge Sink,
				as they are implemented, and as described in paragraphs
				 40D-80.073(2)(a), (c), (f), and
				(h), F.A.C.
(II) The TBC middle pool diversions will be
				limited to the quantity needed to achieve the minimum flow requirements of the
				Lower Hillsborough River, but will not exceed 7.1 million gallons on any given
				day.
A. On days such diversions occur, the
				District will divert from the TBC lower pool to the TBC middle pool quantity
				equivalent to that diverted by the District from the TBC middle pool to the
				Hillsborough River.
B. Such
				diversions shall cease from both the TBC middle and lower pool when the stage
				of the TBC lower pool reaches 6.0 feet NGVD (1929 or its 1988 equivalent), as
				measured by the gauge at the District's Structure 160, or the elevation
				difference between the TBC middle and lower pools exceeds 7.0
				feet.
(III) Once the
				stage in the TBC lower pool is below 8.7 feet NGVD (1929 or its 1988
				equivalent), withdrawals from this priority source to help meet the minimum
				flow for the lower Hillsborough River are considered withdrawals from the
				storage of the TBC lower pool. When the stage in the TBC lower pool is below
				8.7 feet NGVD (1929 or its 1988 equivalent), the following restrictions apply:
A. At no time shall withdrawals from the
				lower pool to help meet the minimum flow for the lower Hillsborough River cause
				the stage in the lower pool to go below 6.0 feet NGVD (1929 or its 1988
				equivalent), or cause the elevation difference between the TBC middle and lower
				pools to exceed 7.0 feet, as measured on either side of the District's
				Structure 162.
B. If supplemental
				flows are required to help meet the lower Hillsborough River minimum flow from
				this Priority Source, once withdrawals begin from storage they will continue
				until the TBC lower pool reaches an elevation of 6.0 feet NGVD (1929 or its
				1988 equivalent). At such time as either of the conditions set forth in
				sub-sub-sub-subparagraph
				 40D-80.073(2)(b) 
				3.b.(III)A., F.A.C., above, are met, the District shall cease withdrawals from
				the TBC lower pool. The District shall only reinitiate withdrawals from the TBC
				lower pool when its elevation equals or exceeds 9.0 feet NGVD (1929 or its 1988
				equivalent), for 20 consecutive days, which is defined as the TBC lower pool
				replenishment.
C. The total
				withdrawn from storage on any given day shall not exceed 7.1 million gallons on
				any given day.
D. Withdrawals from
				storage will be limited to the quantity needed to help achieve the minimum flow
				requirements of the Lower Hillsborough River after utilizing the quantity
				diverted from all other sources, as they are implemented, and as described in
				subsections  40D-80.073(2), (3), and
				(4), F.A.C.
c. Priority Source Three - Diversions When
				TBC Middle Pool Elevations are Between 10.0 and 12.0 Feet NGVD (1929 or its
				1988 equivalent).
The District will make all reasonable efforts to obtain
				  authorization from the United States Army Corps of Engineers to allow the
				  withdrawals of up to 7.1 million gallons on any given day from the TBC middle
				  pool to aid in the Lower Hillsborough River minimum flow requirements when the
				  TBC middle pool is below 12.0 feet and above 10.0 feet NGVD (1929 or its 1988
				  equivalent).
(I) These diversions will
				only occur when the stage of the TBC lower pool has reached 6.0 feet NGVD (1929
				or its 1988 equivalent), or the TBC lower pool is in a state of replenishment
				as described in sub-sub-sub-subparagraph
				 40D-80.073(2)(b) 
				3.b.(III)B., F.A.C. These diversions will be limited to the quantity needed to
				help achieve the minimum flow requirements of the Lower Hillsborough River
				after utilizing the quantity diverted from all other sources, as they are
				implemented, and as described in subsections
				 40D-80.073(2), (3), and
				(4), F.A.C., but will not exceed 7.1 million
				gallons on any given day.
(II)
				These diversions shall cease if the elevation difference between the
				Hillsborough River and TBC middle pool exceeds 9.5 feet, if approved by the
				United States Army Corps of Engineers, as measured on either side of the
				District's Structure 161, or if the elevation difference between the TBC middle
				and lower pools exceeds 7.0 feet, as measured on either side of the District's
				Structure 162.
(III) Diversions
				associated with this provision will not occur until the water transmission
				pipeline as set forth in paragraph
				 40D-80.073(2)(g),
				F.A.C., is completed or by October 1, 2013, whichever is sooner. Once the stage
				in the TBC middle pool is below 12.0 feet NGVD (1929 or its 1988 equivalent),
				withdrawals to help meet the minimum flow for the Lower Hillsborough River are
				considered withdrawals from the storage of the TBC middle pool. When the stage
				is below 12.0 feet NGVD (1929 or its 1988 equivalent), the following
				restrictions apply:
A. At no time shall
				withdrawals from the TBC middle pool to help meet the minimum flow for the
				Lower Hillsborough River cause the stage in the middle pool to go below 10.0
				feet NGVD (1929 or 1988 equivalent), or cause the elevation difference between
				the TBC middle pool and Hillsborough River to exceed 9.5 feet, as measured on
				either side of the District's Structure 161, or cause the elevation difference
				between the TBC middle and lower pools to exceed 7.0 feet, as measured on
				either side of the District's Structure 162.
B. If supplemental flows are required to help
				meet the Lower Hillsborough River minimum flow from this Priority Source, once
				withdrawals begin from storage they will continue until the TBC middle pool
				reaches an elevation of 10.0 feet NGVD (1929 or its 1988 equivalent). At such
				time as either of the conditions set forth in sub-sub-sub-subparagraph
				 40D-80.073(2)(b) 
				3.c.(III)A., F.A.C., above, are met, the District shall cease withdrawals from
				the TBC middle pool. The District shall only reinitiate withdrawals from the
				TBC middle pool when its elevation equals or exceeds 12.0 feet NGVD (1929 or
				its 1988 equivalent), for 20 consecutive days, which is defined as the TBC Pool
				Replenishment, and there is less than 11 cfs of flow over the District's
				Structure 162.
C. The total
				withdrawn from storage on any one day shall not exceed 7.1 million
				gallons.
D. Withdrawals from
				storage will be limited to the quantity needed to help achieve the minimum flow
				requirements of the Lower Hillsborough River after utilizing the quantity
				diverted from all other sources, as they are implemented, and as described in
				subsections  40D-80.073(2), (3), and
				(4),
				F.A.C.
(c) Sulphur Springs Project.
1. By October 1, 2009, and as specified in
				the Funding Agreement incorporated in subsection (1) above, the City shall
				complete the modification of the lower weir to provide to the base of the dam
				all available flow from Sulphur Springs not needed to maintain the minimum flow
				for manatees as set forth in paragraph
				 40D-8.041(2)(b),
				F.A.C.
2. By October 1, 2010, the
				City shall complete the construction of the upper gates and the pump station to
				provide to the base of the dam all available flow from Sulphur Springs not
				needed to maintain the minimum flow for manatees as set forth in paragraph
				 40D-8.041(2)(b),
				F.A.C.
3. By October 1, 2012, and
				as specified in the Funding Agreement incorporated in subsection (1) above, the
				City is to provide to the base of the dam, all available flow from Sulphur
				Springs not needed to maintain the minimum flow for Sulphur Springs as set
				forth in paragraph  40D-8.041(2)(a),
				F.A.C.
a. These diversions shall not exceed
				11.6 million gallons on any given day.
b. The City is authorized to use any
				remaining quantities at Sulphur Springs for water supply purposes consistent
				with SWFWMD Water Use Permit No. 20002062.
4. Additionally, beginning on October 1,
				2010, on days when the minimum flow requirements are being adjusted for the
				Lower Hillsborough River, as described in paragraph
				 40D-8.041(1)(b),
				F.A.C., and there is flow at Sulphur Springs in excess of the quantity needed
				to help meet the adjusted flow as described in paragraph
				 40D-8.041(1)(b),
				F.A.C., and the minimum flow requirements in paragraph
				 40D-8.041(2)(b),
				F.A.C., and the City is not using such flow to augment the Hillsborough River
				above the dam, the City shall move such quantity to the base of the City's dam
				up to the unadjusted quantities described in paragraph
				 40D-8.041(1)(b),
				F.A.C.
(d) Blue Sink
				Analysis.
By October 1, 2010, and as specified in the Funding Agreement
				  incorporated in subsection (1) above, the City in cooperation with the District
				  shall complete a thorough cost/benefit analysis to divert all available flow
				  from Blue Sink in north Tampa to a location to help meet the minimum flow or to
				  the base of the City's dam.
(e) Transmission Pipeline Evaluation.
By October 1, 2010, and as specified in the Funding Agreement
				  incorporated in subsection (1) above, the City shall complete a thorough design
				  development evaluation to construct a water transmission pipeline from the TBC
				  middle pool to the City's David L. Tippin Water Treatment Facility, including a
				  spur to just below the City's dam.
(f) Blue Sink Project.
By October 1, 2011, and as specified in the Funding Agreement
				  incorporated in subsection (1) above, the City will provide all available flow
				  from Blue Sink project to help meet the minimum flow provided that all required
				  permits are approved, and it is determined that the project is feasible. Once
				  developed, all water from this source shall be used to the extent that flow is
				  available to help meet the minimum flow for the Lower Hillsborough
				  River.
(g) Transmission
				Pipeline Project.
By October 1, 2013, and as specified in the Funding Agreement
				  incorporated in subsection (1) above, the City shall complete the water
				  transmission pipeline described in paragraph
				   40D-80.073(2)(e),
				  F.A.C., and move the water the District will move as specified in paragraphs
				   40D-80.073(2)(b) and
				  (h), F.A.C., to the Lower Hillsborough River
				  directly below the dam as needed to help meet the minimum flow or to transport
				  water in accordance with SWFWMD Water Use Permit No. 20006675.
1. This transmission line will eliminate all
				adjustment for losses described in paragraphs
				 40D-80.073(2)(b) and
				(h), F.A.C.
2. Additionally, the City will provide an
				additional flow of 1.9 million gallons each day to the base of the dam from the
				TBC middle pool provided that water is being transported in accordance with
				SWFWMD Water Use Permit No. 20006675. This additional 1.9 million gallons each
				day is anticipated to be part of the water savings associated with this
				transmission pipeline.
3. Once the
				pipeline is completed, the 1.9 million gallons each day of additional flow
				provided by the City as part of the water savings associated with the pipeline
				will be used in preference to all other sources except Sulphur Springs and Blue
				Sink to help meet the minimum flow for the Lower Hillsborough River.
4. In the event that this pipeline is not
				substantially completed by October 1, 2013, or that the City did not provide
				the District with a minimum ninety (90) days notice prior to October 1, 2013,
				of the delay of completion of the pipeline due to circumstances beyond its
				control, then, the City will be responsible for delivering the flows the
				District was previously obligated to divert from the TBC middle pool to the
				Hillsborough River and then to immediately below the City's dam under
				paragraphs  40D-80.073(2)(b) and
				(h), F.A.C.; except that the District shall
				continue to be responsible to pump water from the TBC lower pool to the middle
				pool as described in subparagraph
				 40D-80.073(2)(b) 
				2., F.A.C., and from Morris Bridge Sink to the TBC middle pool as described in
				paragraph  40D-80.073(2)(h),
				F.A.C.
5. The City shall also
				provide the 1.9 million gallons each day if needed to help meet the flow
				described in this provision, from some other permitable source and is obligated
				to do so pursuant to subparagraph (2)(b)4. above.
(h) Morris Bridge Sink Project.
1. By October 1, 2012, or earlier, and upon
				completion of the project, provided that any permit that may be required is
				approved, the District shall divert up to 3.9 million gallons of water on any
				given day from the Morris Bridge Sink to the TBC middle pool.
a. The Morris Bridge Sink diversions will be
				limited to the quantity needed to achieve the minimum flow requirements of the
				Lower Hillsborough River, after utilizing the quantity diverted from Sulphur
				Springs, Blue Sink and the 1.9 million gallons of water savings each day
				anticipated from the transmission pipeline, as they are implemented, and as
				described in paragraphs
				 40D-80.073(2)(a), (c), (f), and
				(g), F.A.C.
b. However, on days when Tampa Bay Water does
				not draw the TBC lower pool down to 9.0 feet NGVD (1929 or its 1988 equivalent)
				for water supply purposes, and supplemental flow is needed for the Lower
				Hillsborough River minimum flow requirements beyond water that can be delivered
				from Sulphur Springs, Blue Sink and the 1.9 million gallons of water savings
				each day anticipated from the transmission pipeline described in paragraphs
				 40D-80.073(2)(a), (c), (f), and
				(g), F.A.C., the District shall divert up to
				7.1 million gallons on any given day from the TBC lower pool to the TBC middle
				pool prior to diverting flows from the Morris Bridge Sink to the TBC middle
				pool.
c. The District shall cease
				to divert water from the TBC lower pool under this provision once the elevation
				of the TBC lower pool reaches 9.0 feet NGVD (1929 or its 1988
				equivalent).
2. Prior to
				the completion of the pipeline described in paragraph
				 40D-80.073(2)(g),
				F.A.C., the District shall transfer any water delivered to the TBC middle pool
				from the Morris Bridge Sink or the TBC lower pool under this provision to the
				Hillsborough River near the District's Structure 161.
a. These deliveries shall be made on the same
				day the District delivers water from the Morris Bridge Sink or the TBC lower
				pool.
b. The District shall then
				deliver 75 percent of any water diverted to the Hillsborough River under this
				provision to the Lower Hillsborough River. This delivery shall be from the
				Hillsborough River just above the City's dam to immediately below the City's
				dam.
c. The deliveries of the water
				from the Morris Bridge Sink to the TBC middle pool then on to the Hillsborough
				River are in addition to any other diversions from the TBC middle pool to the
				Hillsborough River described in paragraphs
				 40D-80.073(2)(b) and
				(h), F.A.C.
3. Once the City completes the water
				transmission pipeline described in paragraphs
				 40D-80.073(2)(e) and
				(g), F.A.C., or as may be otherwise
				responsible for delivering the flows the District was previously obligated to
				divert pursuant to paragraph
				 40D-80.073(2)(g),
				F.A.C., the City shall move any water the District delivers to the TBC middle
				pool from Morris Bridge Sink or the TBC lower pool under this provision to the
				Lower Hillsborough River directly below the dam. Such delivery by the City will
				occur on the same day the District delivers the water from the Morris Bridge
				Sink or the TBC lower pool to the TBC middle pool.
4. At no time shall withdrawals from the TBC
				under this provision cause:
a. The elevation
				difference between the TBC middle pool and Hillsborough River to exceed 9.5
				feet as measured on either side of the District's Structure 161; or
b. The elevation difference between the TBC
				middle and lower pools to exceed 7.0 feet as measured on either side of the
				District's Structure 162.
(i) Beginning October 1, 2017, the City shall
				be required to meet the minimum flows at the base of the dam as set forth in
				subsection  40D-8.041(1),
				F.A.C.