Current through Reg. 50, No. 187; September 24, 2024
(1) Picayune Strand as defined in subsection
40E-10.021(2),
F.A.C.:
(a) Surface waters:
1. All surface water contained within the
Picayune Strand are reserved from allocation (see Figure 1).
2. All surface water flowing into the
Picayune Strand identified below is reserved from allocation:
(I) The surface water flows depicted on
Figures 1-4.A, B, and C, simulated at weir 'Miller2' within the Miller Canal
(see Figure 1-2);
(II) The surface
water flows depicted on Figures 1-5.A, B, and C, simulated at weir 'FU3' within
the Faka Union Canal (see Figure 1-2); and
(III) The surface water flows depicted on
Figures 1-6.A, B, and C simulated at spillway 'Lucky LA' within the Merritt
Canal (see Figure 1-2).
(b) Groundwater: All groundwater in the water
table and unconfined portions of Lower Tamiami aquifer underlying the Picayune
Strand is reserved from allocation.
(2) Fakahatchee Estuary as defined in
subsection 40E-10.021(1),
F.A.C.:
(a) Surface waters:
The surface water flows into the Fakahatchee Estuary
identified below are reserved from allocation:
1. The surface water flows depicted on
Figures 1-7.A, B, and C simulated at Faka Union Canal at structure FU1 (See
Figure 1-3);
2. The surface water
flows depicted on Figures 1-8.A, B, and C simulated at 'Miller@41' transect
(beginning at coordinate 471365.13N, 599423.29 E Southeast to 479226.67N,
595105.77E (delivering surface water to Blackwater Bay and Buttonwood Bay) see
Figure 1-3);
3. The surface water
flows depicted on Figures 1-9.A, B, and C simulated at 'FU@41' transect
(beginning at coordinate 480427.89N, 595005.67E Southeast to 487735.34N,
592478.09E (delivering surface water to Pumpkin Bay) see Figure 1-3);
4. The surface water flows depicted on
Figures 1-10.A, B, and C simulated at 'Merritt@41' transect (beginning at
coordinate 490942.49N, 593218.49E flowing Southeast to 499050.54N, 590515.81E
(delivering surface water to Faka Union Bay) see Figure 1-3); and
5. The surface water flows depicted on
Figures 1-11.A, B, and C simulated at 'Fakahatchee@41' transect (beginning at
coordinate 498623.81N, 587955.37E Southeast to 533587.95N, 575807.53E
(delivering surface water to Fakahatchee Bay) see Figure
1-3).
(b) Groundwater:
All groundwater in the water table and unconfined portions of Lower Tamiami
aquifer underlying the Fakahatchee Estuary is reserved from allocation.
Reservations contained in subparagraphs 1. and 2. Above,
shall be reviewed in light of changed conditions or new information by December
31, 2014.
(3)
Caloosahatchee River (C-43) West Basin Storage Reservoir:
(a) All surface water contained within and
released, via operation, from the Caloosahatchee River (C-43) West Basin
Storage Reservoir is reserved from allocation.
(b) The water reserved under this subsection
will be available for fish and wildlife upon a formal determination of the
Governing Board, pursuant to state and federal law, that the Caloosahatchee
River (C-43) West Basin Storage Reservoir is operational.
(c) The reservation contained in this
subsection and the criteria contained in Section 3.11.4 of the "Applicant's
Handbook for Water Use Permit Applications within the South Florida Water
Management District, " incorporated by reference in Rule
40E-2.091, F.A.C., shall be
revised pursuant to Section
373.223(4),
F.S., in light of changed conditions or new information and prior to the
approval described in paragraph (3)(b) above.
Rulemaking Authority
373.044,
373.113,
373.171 FS. Law Implemented
373.016,
373.026,
373.036,
373.1501,
373.1502,
373.219,
373.223,
373.4592,
373.4595,
373.470
FS.
New 7-2-09, Amended 3-18-10, 7-21-13, 7-16-14, 3-15-17.
Editor's Note: Please see the Word document for Chapter 40E-10, F.A.C., for the
inclusion of the appendices referenced in the above rule
text.
