SWUCA Minimum Flows and Levels Update

The Governing Board at its January 2002 Board meeting, initiated rulemaking to establish minimum flows and levels in the Southern Water Use Caution Area (SWUCA). Staff discussed with the Board the methodological approaches to establishing minimum flows and levels for the Upper Peace River, Lakes Eagle, McLeod, Wales and Clinch in Polk County, Lakes Lotela, Letta and Jackson in Highlands County and the Upper Floridan Aquifer to address salt water intrusion along the coast. It is anticipated that the Board will be presented with proposed minimum flows and levels for these water bodies and preliminary recovery strategies at its April 23, 2002 Board meeting. Public workshops will begin after that.

New Year Round Water Conservation Measures

Due to limited water resources, the Board intends to strengthen rule chapter 40D-22, F.A.C. governing year-round conservation measures to ensure that water conservation is a part of everyday water use and not practiced only during a severe drought. The existing year-round conservation measures have been in place since 1984 and primarily ban watering between the hours of 10 a.m. and 4 p.m. Two-day restrictions have been in effect District-wide as part of water shortage orders since 1992 with the exception of recent temporary one-day restrictions to address the drought. The water shortage plan is designed to provide extraordinary steps during drought conditions.

The year-round measures prohibit wasting water and include limiting irrigation to two days per week and include conservation measures specific to athletic play areas, agriculture, industry, cemeteries, essential uses, and golf course.

The year-round measures will serve as a baseline for conservation for those who are self supplied or obtain water from a utility and who are not required and do not have a water use permit for their water use. Any future water shortage or emergency water shortage restrictions declared through the District’s water shortage rules or orders would be in addition to these year-round measures. The District will continue to require additional water conservation by all water users, including public supply, industry, agriculture and golf courses, through their water use permits.

The District has held the first round of workshops on the revisions to chapter 40D-22. As a result of those workshops staff is developing a goal-based alternative to the District's water conservation rules for public supply permittees and their customers. The objective is to allow local governments and other public water suppliers to develop and implement conservation programs for their customers that will achieve specified conservation and is tailored to their community – e.g. water use, utility system, systems of enforcement of regulations, budget, etc., rather than following the District's uniform conservation rules.

A workshop on the draft rules will be held April 19, 2002 in the District's Tampa Service Office. Staff will discuss the rules with the Board at its April 23, 2002, Board meeting.

Repeal of Mining Rule

The Governing Board initiated repeal of Chapter 40D-45, Surface Water Management for Mining Materials Other Than Phosphate, F.A.C. in January 1996. This Chapter contained permitting criteria and thresholds unique to mining activities regulated by the District. The majority of Chapter 40D-45, F.A.C. was identified as obsolete as a result of the adoption of the Environmental Resource Permitting rules in Chapter 40D-4, F.A.C., and the current Operating Agreement with the Department of Environmental Protection. In October 1999, the District listed Chapter 40D-45, in is entirety, as exceeding the District's rulemaking authority pursuant to Section 120.536, F.S. No authorizing legislation was passed by the 2000 Legislature and pursuant to Section 120.536, F.S., the District was required to begin proceedings to repeal Chapter 40D-45, F.A.C. by January 1, 2001. The Governing Board again authorized repeal of chapter 40D-45, F.A.C. and it was repeal effective as of October 9, 2001.

Staff is working to develop a rule to address the projects that were exempted from District regulation by the rule that no longer exists.