Current through Reg. 50, No. 187; September 24, 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.
(3) The City and
the District shall, as specified in the Funding Agreement incorporated in
subsection (1) above, cooperate in the evaluation of options for storage of
water (Storage Projects) such as aquifer storage and recovery and additional
source options (e.g., diversions from Morris Bridge Sink greater than those
described in paragraph
40D-80.073(2)(h),
F.A.C.), in sufficient permitable quantities, that upon discharge to the base
of the dam, together with the other sources of flow described in subsection
40D-80.073(2),
F.A.C., will meet the minimum flows beginning October 1, 2017, or
earlier.
(4) The City may propose
for District approval additional source or storage projects that when completed
may be used in lieu of all or part of one or more sources described in
paragraphs 40D-80.073(2)(b)
-(h), F.A.C.
(5) Any District
sponsored project, which shall include evaluation of up to 3.9 million gallons
per day of additional quantities other than those identified in paragraph
40D-80.073(2)(h),
F.A.C., from the Morris Bridge Sink, shall be implemented by the District no
later than October 1, 2017, provided that it is deemed feasible by the
District, to eliminate or reduce the need to divert water from the TBC middle
and lower pool storage as described in paragraph
40D-80.073(2)(b),
F.A.C. Such projects shall be implemented only after receiving any required
permits.
(6) Each spring, beginning
in 2008, the District shall review the recovery strategy to assess the progress
of implementation of the recovery strategy and report that progress to the
Governing Board. This annual review and report shall include identification of
the Storage Projects or other additional source options that will be
operational by October 1, 2017. If and when developed, Storage Projects or
other additional source options to supply supplemental flows to meet the
minimum flow will be used in preference to removal of water from storage in
either the middle or lower pools of the TBC as described in subsection
40D-80.073(2),
F.A.C.
(7) The City and the
District shall continue the existing monitoring and analysis of the water
resources within the Lower Hillsborough River and the District shall provide
this information to the Governing Board as part of the annual review and report
described in subsection (6), above.
(8) In 2013, and for each five-year period
through 2023, the District shall evaluate the hydrology, dissolved oxygen,
salinity, temperature, pH and biologic results achieved from implementation of
the recovery strategy for the prior five years, including the duration,
frequency and impacts of the adjusted minimum flow as described in paragraph
40D-8.041(1)(b),
F.A.C. As part of the evaluation, the District will assess the recording
systems used to monitor these parameters. The District shall also monitor and
evaluate the effect the Recovery Strategy is having on water levels in the
Hillsborough River above the City's dam to at least Fletcher Avenue. The
District will evaluate all projects described in this Recovery Strategy
relative to their potential to cause unacceptable adverse impacts prior to
their implementation.
(9) In
conjunction with recovery of the Lower Hillsborough River and to enhance
restoration of McKay Bay and Palm River estuary, the District intends to
undertake a wetland restoration project adjacent to McKay Bay. The City agrees
to contribute to the project by providing up to 7.1 million gallons on any
given day of reclaimed water, as needed for the project. Within five years of
completion of this wetland project, and for two subsequent five-year periods
thereafter, the District shall review the hydrologic, dissolved oxygen,
salinity, temperature, pH and biologic results achieved from the implementation
of the restoration project and other similar District projects that may
occur.
Rulemaking Authority
373.044,
373.113,
373.171 FS. Law Implemented
373.036,
373.0361,
373.171,
373.0421,
373.0831,
373.1963
FS.
New 8-3-00, Amended 8-3-00, 11-25-07, 5-26-10, 5-19-14,
11-24-21.
