Florida Regulations 40E-10.041: Water Reservation Areas: Lower West Coast Planning Area
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(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 Fl. Admin. Code R. 40E-2.091, shall be revised pursuant to Florida Statutes § 373.223(4), 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. History-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 Fl. Admin. Code Chapter 40E-10, for the inclusion of the appendices referenced in the above rule text.
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 Fl. Admin. Code R. 40E-2.091, shall be revised pursuant to Florida Statutes § 373.223(4), 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. History-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 Fl. Admin. Code Chapter 40E-10, for the inclusion of the appendices referenced in the above rule text.