Current through Reg. 50, No. 187; September 24, 2024
(1) Nearshore Central Biscayne Bay as defined
in subsection 40E-10.021(6),
F.A.C.:
All surface water contained within Nearshore Central Biscayne
Bay is reserved from allocation (see Figure 3-1).
(2) Surface water flowing into Nearshore
Central Biscayne Bay as identified below is reserved from allocation:
(a) Surface water flows depicted on Figures
3-2.A and 3-2.B through S-123 derived from the following contributing canal
reaches:
1. The C-100A canal upstream of S-123
to S-120 including all integrated conveyance canals.
2. The C-100C canal upstream of S-123 to
S-119 including all integrated conveyance canals.
3. The C-100B canal upstream of S-123 to
S-122 including all integrated conveyance canals.
4. The C-100 canal upstream of S-123 to S-118
including all integrated conveyance canals.
(b) Surface water flows depicted on Figures
3-3.A and 3-3.B through S-21 derived from the following contributing canal
reaches:
1. The L-31E borrow canal upstream of
S-21 to the canal terminus.
2. The
C-1 canal upstream of S-21 to S-122 and S-149 including all integrated
conveyance canals.
3. The C-1 canal
upstream of S-21 to the C-1W canal and S-338 including all integrated
conveyance canals.
(c)
Surface water flows depicted on Figures 3-4.A and 3-4.B which is the combined
flow through S-21A, S-20G, and S-20F as derived from the following contributing
canal reaches:
1. The C-102 canal connecting
to the C-102 N canal upstream of S-21A to S-195.
2. The C-102 canal upstream of S-21A to
S-165.
3. The L-31E borrow canal
upstream of S-21A to its terminus near S-21 including the Gould's
Canal.
4. The L-31E borrow canal
upstream of S-21A south to S-20G.
5. The Military canal upstream of
S-20G.
6. The C-103 canal upstream
of S-20F to S-179.
7. The L-31E
borrow canal upstream of S-20F to S-20G including all integrated conveyance
canals.
8. The L-31E borrow canal
from S-20F south to the North Canal.
9. The North Canal.
10. The L-31E borrow canal from S-20F south
to the Florida City Canal.
11. The
Florida City Canal from Southwest 107th Avenue to its confluence with the L-31E
borrow canal.
Reservations contained in the section shall be reviewed in
light of changed conditions or new
information.
(3) EAA Reservoir:
(a) All surface water released, via
operation, from the EAA Reservoir that is directed to the Lower East Coast
Everglades Waterbodies through Structures S-624, S-625, and S-626 (see Figure
3-6) is reserved from allocation.
(b) The water prospectively reserved under
this subsection is not available for fish and wildlife until the Governing
Board makes a formal determination, pursuant to state and federal law, that the
EAA Reservoir is operational.
(c)
Within 90 days of approval of the Final Project Operating Manual or Final
System Operating Manual for the EAA Reservoir, the District shall publish a
Notice of Rule Development to revise the reservation contained in paragraph
40E-10.061(3)(a),
F.A.C., above, and criteria in Section 3.11.6 of the Applicant's Handbook,
incorporated by reference in Rule
40E-2.091, F.A.C. Said
rulemaking must result in an adopted rule that is in effect, unless subject to
legal proceedings or legislative ratification, within two years of publication
of the Notice of Rule Development and before the EAA Reservoir is deemed
operational pursuant to paragraph
40E-10.061(3)(b),
F.A.C., above.
(d) The reservation
contained in paragraph
40E-10.061(3)(a),
F.A.C., above, and the criteria contained in Section 3.11.6 of the "Applicant's
Handbook for Water Use Permit Applications within the South Florida Water
Management District" (Applicant's Handbook), incorporated by reference in Rule
40E-2.091, F.A.C., shall be
revised in light of changed conditions or new information.
(e) Water released from the EAA Reservoir
through structure S-628 is not reserved.
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 7-21-13, Amended 3-15-17, 1-31-21. 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.
