RULES
Minimum Flows
Middle Peace River, Alafia River, and Myakka River
In October and November 2005, in accordance with the District's Minimum Flows
and Levels priority list, the Governing Board approved Minimum Flows for the
fresh water segment of the Alafia River, the middle Peace River and the upper
segment of Myakka River.
The Minimum Flows for the middle Peace River became effective on February 6,
2006. The Minimum Flows for the Myakka River became effective on April 6, 2006.
A public hearing pursuant to Section 120.54(3)(c), F.S. has been requested by
Tampa Bay Water on the proposed Minimum Flows for the Alafia River. Tampa Bay
Water stated in its petition that it is uncertain about the effect the proposed
Minimum Flows for the freshwater segment of the Alafia River will have on its
water use permit which authorizes withdrawals from the estuarine portion of the
Alafia River without knowing the Minimum Flows proposed for the estuarine
segment of the River. Tampa Bay Water has agreed to continue the public hearing
to this summer when the Governing Board has considered proposed Minimum Flows
for the estuarine portion of the River.
Minimum Lake Levels
In accordance with the District's priority list, Minimum Levels were set on 20
lakes within the District over the last year.
Water Shortage Rules, 40D-21, F.A.C., Approved by Governing Board
On October 25, 2005, the District's governing board approved amendments to
Chapter 40D-21, F.A.C., that substantially rewrite the District's Water Shortage
Plan required by Section 373.246, F.S. and, that incorporate the water shortage
measures authorized by Section 373.175, F.S. All persons and operations that are
supplied with water from a private well or a utility system are covered by the
Water Shortage Plan. The changes were effective April 9, 2006.
The District's water shortage plan was first adopted in 1984. The proposed
amendments reflect the experience and knowledge gained through the droughts and
other water shortage events that have occurred since 1984.
The proposed amendments include:
Part I, which includes updated definitions and new definitions.
Part II, which describes the District's program for monitoring conditions in
anticipation of and during a Water Shortage. Part II also identifies and
quantifies the factors that the District will consider in declaring or
rescinding a Water Shortage. The Water Shortage Plan establishes four water
shortage phases: Phase I, Moderate Water Shortage, Phase II Severe Water
Shortage, Phase III Extreme Water Shortage, and Phase IV Critical Water
Shortage.
Part III establishes the procedures for declaring and implementing a Water
Shortage Emergency when the provisions of Part II are insufficient to protect
the water resource and its users.
Part IV, describes how the District, in conjunction with local governmental
entities and law enforcement officials, will enforce the provisions of a
declared Water Shortage or Water Shortage Emergency. A new feature of the Water
Shortage Plan is that local water suppliers are given the option of submitting
to the District a water shortage mitigation plan that is customized for the
supplier’s system for approval and which may be implemented in lieu of selected
provisions of the Water Shortage Plan.
Part V, classifies each user according to the source of water supply, type of
water use and method of withdrawal. These classifications are utilized in
conjunction with Parts I, II, III and VI. The use classifications include Indoor
Uses, Essential Uses, Commercial and Industrial Uses, Agricultural Uses,
Landscape Uses, Cemeteries, Golf Courses, Driving Ranges and Other Athletic Play
Areas.
Part VI, presents water use restrictions and other response mechanisms for each
Water Shortage Phase and Water Use Class.
Southern Water Use Caution Area
On May 12, the Governing Board approved amendments to Chapters 40D-2, 40D-8 and
40D-80, FAC, establishing Minimum Flows and Levels in the SWUCA and establishing
the regulatory portion of the recovery strategy for those Minimum Flows and
Levels.
The Governing Board approved amendments include the establishment of the Minimum
Flows for the upper Peace River, and Minimum Levels for the coastal portion of
the Floridan Aquifer in Hillsborough, Manatee and Sarasota Counties and eight
lakes in the Highlands Ridge area. The window will close on June 2, 2006 for any
requests for hearings.
The principle focus of the regulatory portion of the recovery strategy is the
reduction of ground water withdrawals to allow recovery to the Minimum Aquifer
Level. If a proposed withdrawal of new quantities impacts a water body with an
actual flow or level that is below the Minimum Flow or Level, then no new
quantities of water will be permitted unless the proposed withdrawal will
provide a net benefit to the impacted water body. The proposed rules describe
the three types of net benefit that can be proposed.
In order to maximize the efficient utilization of water resources in the SWUCA
so as to allow for recovery, the District is proposing rules that will emphasize
that new and renewal water use permits applicants must demonstrate a
reasonable-beneficial use, that conservation measures will be implemented and
alternative sources of water will be utilized to the extent economically,
technically and environmentally feasible.
The proposed rules include a method for calculating public water supply service
area population so that the calculation of population size is standardized for
utilities within the Southern Water Use Caution Area. This standardization is
integral to determining compliance with per capita daily water use rule
requirements and developing future per capita daily water use standards.
The proposed rules repeal the Highlands Water Use Caution Area and the Eastern
Tampa Bay Water Use Caution Area.
In addition to the regulatory component of the recovery strategy for the Minimum
Flows and Levels established in the SWUCA, the District developed a
comprehensive financial and resource development component that is designed to
target recovery of the upper Peace River and lakes to their established Minimum
Flows and Levels.
OTHER MATTERS
Interdistrict Transfer Approved to Supply Polk County
The Tohopekaliga Water Authority ("Toho"), and Polk County entered into an
Interlocal Agreement that contemplates that Toho will temporarily provide Polk
County's Northeast Regional Utility Service Area ("NERUSA") with potable water
supply for up to five years. Polk County is subject to a consent order with the
Southwest Florida Water Management District ("Southwest") to refrain from
overpumping under its permit and develop additional sources of water to meet
water use demands in the NERUSA. Toho's withdrawal facilities are located in the
South Florida Water Management District ("South Florida") and the County's
NERUSA is located within the Southwest.
Toho applied to South Florida to modify its permit to allow an interdistrict
transfer of up to 3.75 mgd to Polk County for use within Southwest.
Section 373.223(3), F.S., provides a process for the "interdistrict transfer"
through the withdrawal of groundwater in one water management district and the
use of that water in another water management district. The application is filed
with the water management district in which the withdrawals are proposed to be
made. Only a permit from that district, based on its permitting criteria, is
required for the interdistrict transfer. The comments of the district within
which the water will be used must be attached to the notice of proposed action.
In applying the public interest test, the Governing Board must consider the
future water needs of the area of the withdrawal and the area of use. If both
needs can be met, and all other permitting criteria are met, the permit shall be
issued. An additional notice of proposed action is required. If requested, DEP
reviews the intended action and issues a final order.
The South Florida Governing Board approved the transfer, subject to Toho, Polk
County, Southwest and South Florida entering into an agreement that contains the
provisions specified by the South Florida Governing Board. The South Florida
Governing Board sought assurances that the water was in fact needed by Polk
County, that the County's need is temporary because it will have other sources
on line within five years to meet water supply demands, and that all parties
acknowledge that the interdistrict transfer approval is good only for five
years. An agreement was reached and Polk County and Toho are now authorized
undertake the interdistrict transfer.
Executive Director's Emergency Water Shortage Order
On May 11, 2006, the District's Executive Director issued an Emergency Order
authorizing Tampa Bay Water to augment the City of Tampa's public supply
reservoir due to low water elevations resulting from dry weather conditions.
The District had not declared a water shortage for any part of the District, but
the City of Tampa's surface water reservoir's declining water supply warranted
an emergency order allowing supplementation of the supply to protect public
health, safety and welfare.
The Order authorizes Tampa Bay Water to make withdrawal diversions from, and to
lower the stage in, the Middle Pool of the Tampa Bypass Canal to a level at or
above 10 feet, NGVD (1929), measured upstream of Structure S-162 while
maintaining a head differential across Structure S-161 that shall not exceed a
maximum of 12 feet, subject to the terms and conditions to be imposed by the
U.S. Army Corps of Engineers.
