Florida Administrative Code
40 - WATER MANAGEMENT DISTRICTS
40D - Southwest Florida Water Management District
Chapter 40DER-17 - EMERGENCY RULES FOR YEAR 2017
Section 40DER17-01 - Minimum Flows for the Rainbow River System
Universal Citation: FL Admin Code R 40DER17-01
Current through Reg. 50, No. 187; September 24, 2024
(1) Minimum Flow for the Rainbow River System.
(a) For purposes of this rule, the
Rainbow River System includes the watercourse from the Rainbow Springs Group
headsprings to the Withlacoochee River, including contributing tributaries, and
all named and unnamed springs that discharge to the river.
(b) The Minimum Flow for the Rainbow River
System is a long-term average flow of 649 cubic feet per second ("cfs") at the
United States Geological Survey Rainbow River at Dunnellon, FL Gage ("United
States Geological Survey Gage No. 02313100"). The Minimum Flow is based on a 5%
reduction from the long-term average flow of 683 cfs adjusted for groundwater
withdrawals for the period of record from 1965-2015 at the United States
Geological Survey Gage No. 02313100.
(c) Status assessments of the Minimum Flow
for the Rainbow River System will be completed to determine whether the
long-term average flow is below or projected to fall below the criteria adopted
in this section. Each status assessment is independent from and not a
determination of water use permit compliance or environmental resource permit
compliance. Permit compliance is a regulatory function that is not within the
scope of this subsection. As part of each status assessment, the District will
use the following approach:
1. The District
will evaluate the Minimum Flow annually to determine the extent to which the
long-term average flow of the Rainbow River System has been reduced due to
withdrawals for the period of record from 1965 to the date of each status
assessment at the United States Geological Survey Gage No. 02313100.
2. The District will also evaluate the
Minimum Flow every five years as part of the regional water supply planning
process.
3. If the Minimum Flow is
being met based on long-term average flows adjusted for withdrawals, then no
further actions are required beyond continued monitoring.
4. If the long-term average flow is below the
Minimum Flow, or if the long-term average flow is projected to fall below the
Minimum Flow within 20 years based on the evaluation performed as part of the
regional water supply planning process, the District will conduct a causation
analysis to evaluate the potential causes of impacts on the Rainbow River
System.
5. Based on the causation
analysis, the District will re-evaluate the Minimum Flow for the Rainbow River
System, or adopt a recovery or prevention strategy consistent with the
provisions of Section
373.0421(2),
F.S.
(d) The District
will re-evaluate the Minimum Flow within ten years of adoption of this
rule.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.036, 373.042, 373.0421 FS.
This emergency rule is being adopted pursuant to 373.042(2)(c), F.S. (2016), and will remain in effect until the related Rainbow River System Minimum Flow proposed in rule 40D-8.041, F.A.C., becomes effective.
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