Florida Regulations 40E-8.021: Definitions
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The terms set forth herein shall have the meanings ascribed to them, unless the context clearly indicates otherwise, and such meanings shall apply throughout the rules contained in this chapter. The terms defined in Fl. Admin. Code R. 40E-8.021, shall apply throughout the District’s consumptive use permit rules. In the event of a conflict or difference between the definitions contained in Fl. Admin. Code R. 40E-8.021, and the definitions set forth in other District rules, the definitions in this Fl. Admin. Code R. 40E-8.021, shall control for purposes of this chapter.
(1) Biscayne Aquifer – means the highly permeable surficial strata (hydraulic conductivities generally greater than 500 ft/day) that occur within Monroe, Miami-Dade (excluding those portions of coastal Monroe and Miami-Dade counties that discharge groundwater into Florida and Biscayne Bays), eastern Broward, and portions of eastern Palm Beach counties.
(2) Caloosahatchee River – means the surface waters that flow through the S-79 structure, combined with tributary contributions below S-79 that collectively flow southwest to San Carlos Bay.
(3) C&SF Project – means the project for Central and Southern Florida authorized under the heading ‘CENTRAL AND SOUTHERN FLORIDA’ in section 203 of the Flood Control Act of 1948 (Chapter 771).
(4) CERP – means the Comprehensive Everglades Restoration Plan contained in the ‘Final Integrated Feasibility Report and Programmatic Environmental Impact Statement’, dated April 1, 1999, as modified by the Water Resources Development Act of 2000.
(5) Certification or Certify – means the formal determination by the District, through a validation process consistent with state and federal law, of the total amount of water made available by a project or project phase of a recovery or prevention strategy, as appropriate, for natural systems and other uses.
(6) Direct Withdrawal means:
(a) A ground water withdrawal that causes a water table drawdown greater than 0.1 feet, as determined using a model accepted by the District, at any location beneath the MFL surface water body or aquifer, up through a 1 in 10 year drought; or
(b) A surface water withdrawal from facilities physically located within the boundaries of a MFL surface water body.
(7) Everglades – means the lands and waters included within Water Conservation Areas, the Holeyland/Rotenberger wildlife management areas, and the freshwater portions of the Everglades National Park.
(8) Northeast Subregion of Florida Bay (hereinafter “”Florida Bay””) – means the bays, basins, and sounds within Taylor Slough and the C-111 Canal basin watersheds, including Long Sound, Little Blackwater Sound, Blackwater Sound, Buttonwood Sound, Joe Bay, Little Madeira Bay, Madeira Bay, Terrapin Bay, Eagle Key Basin, and other open waters of Florida Bay northeast of a boundary line between Terrapin Bay and Plantation Key (see Map 2).
(9) Harm – means the temporary loss of water resource functions, as defined for consumptive use permitting in Fl. Admin. Code Chapter 40E-2, that results from a change in surface or ground water hydrology and takes a period of one to two years of average rainfall conditions to recover.
(10) Indirect Withdrawal – means the withdrawal of water from a water source for a consumptive use that receives surface water or ground water from an MFL water body or is tributary to an MFL water body.
(11) Lake Istokpoga – means the lands and waters contained within the Lake below 40.0 feet NGVD, the top of the U.S. Army Corps of Engineers’ regulation schedule.
(12) Lake Okeechobee – means the lands and waters contained within the perimeter of the Hoover Dike.
(13) LEC Plan – means the Lower East Coast Regional Water Supply Plan – May 2000, including all three volumes.
(14) Lower West Coast Aquifers – means the lower Tamiami aquifer, sandstone aquifer and the mid-Hawthorn aquifer that occur within Charlotte, Hendry, Glades, Lee and Collier counties.
(15) LWC Plan – means the Lower West Coast Regional Water Supply Plan – April 2000, including all three volumes.
(16) Minimum Flow – means a flow established by the District pursuant to Sections 373.042 and 373.0421, F.S., for a given water body and set forth in Parts II and III of this chapter, at which further withdrawals would be significantly harmful to the water resources or ecology of the area.
(17) MFL Exceedance – means to fall below a minimum flow or level, which is established in Parts II and III of this chapter, for a duration greater than specified for the MFL water body.
(18) MFL Violation – means to fall below a minimum flow or minimum level, which is established in Parts II and III of this chapter, for a duration and frequency greater than specified for the MFL water body. Unless otherwise specified herein, in determining the frequency with which water flows and levels fall below an established MFL for purposes of determining an MFL violation, a “”year”” means 365 days from the last day of the previous MFL exceedance.
(19) Minimum Level – means the level of groundwater in an aquifer or the level of surface water established by the District pursuant to Sections 373.042 and 373.0421, F.S., in Parts II and III of this chapter, at which further withdrawals would be significantly harmful to the water resources of the area.
(20) MFL Water Body – means any surface water, watercourse, or aquifer for which an MFL is established in Part II or III of this chapter.
(21) Northwest Fork of the Loxahatchee River: Means those areas defined below:
(a) Northwest Fork of the Loxahatchee River that has been federally designated as Wild, Scenic and Recreational uses (as defined in the Loxahatchee River Wild and Scenic River Management Plan 2000) (see Map 1, incorporated herein), including the river channel that extends from river mile 6.0 (latitude 26.9856, longitude 80.1426) located near the eastern edge of Jonathan Dickinson State Park and continues upstream to the G-92 structure (latitude 26.91014, longitude 80.17578), including the South Indian Water Control District Canal C-14. The river channel includes the physical water flow courses and adjacent floodplain up to the limits of the floodplain swamp and wetlands within Riverbend Park, as determined by state wetland delineation criteria;
(b) Cypress Creek which extends westward from river mile 10.6 to the intersection of Gulf Stream Citrus Road (latitude 26.96484, longitude 80.1855) located approximately one mile west of the Florida Turnpike and includes its natural river channels and contiguous floodplain as determined by state wetland delineation criteria;
(c) Kitching Creek which extends from river mile 8.1 (latitude 26.9908, longitude 80.1540) northward through Jonathan Dickinson State Park to north of Bridge Road (latitude 27.05513, longitude 80.17580), including its natural river channels and contiguous floodplain as determined by state wetland delineation criteria; and
(d) Hobe Grove Ditch which extends west from river mile 9.1 (latitude 26.9854, longitude 80.1594) westward to the Hobe-St. Lucie Conservancy District pump station outfall (latitude 26.5908, longitude 80.1031) including its natural river channels and contiguous floodplain as determined by state wetland delineation criteria.
(22) Operations – means activities taken by the District for the movement of surface water through works of the District pursuant to Florida Statutes Chapter 373
(23) Parts Per Thousand (ppt) – means in the measurement of salinity the total amount of salt in grams per 1000 grams of water. Practical salinity units (psu) similarly means a measure of salinity, but one that is based on conductivity of water at a standard temperature and pressure. Both terms are used interchangeably for purposes of this rule.
(24) Prevention Strategy(ies) – means the structural and non-structural actions approved by the District in regional water supply plans, pursuant to Florida Statutes § 373.0421, or by rule, for areas where MFLs are currently not violated, but are projected to be violated within twenty (20) years of the establishment of the minimum flow or level, if said prevention strategies are not implemented.
(25) Recovery Strategy(ies) – means the structural and non-structural actions approved by the District in regional water supply plans, pursuant to Florida Statutes § 373.0421, or by rule, for areas where MFLs are currently violated.
(26) Regional Water Supply Plan – means a plan approved by the District pursuant to Florida Statutes § 373.709
(27) St. Lucie River North Fork – means the surface waters that extend from the Gordy Road Bridge structure (state plane coordinates, x851212.831, y1116105.7470), combined with tributary contributions below Gordy Road and collectively flow south to the confluence with the C-24 canal (state plane coordinates, x873,712.20, y1064,390.41).
(28) St. Lucie River South Fork – means the surface waters that extend from the culverts located at state plane coordinates x902,512.67, y1,001,799.91, north to the confluence of the river and the St. Lucie Canal (C-44).
(29) St. Lucie Estuary – means the surface water body south of the confluence of the St. Lucie River North Fork and C-24, north of the confluence of the St. Lucie River South Fork and C-44, and west of the western boundary of the Intracoastal Waterway, exclusive of canals.
(30) Serious Harm – means the long-term loss of water resource functions, as addressed in Chapters 40E-21 and 40E-22, F.A.C., resulting from a change in surface or ground water hydrology.
(31) Significant Harm – means the temporary loss of water resource functions, which result from a change in surface or ground water hydrology, that takes more than two years to recover, but which is considered less severe than serious harm. The specific water resource functions addressed by an MFL and the duration of the recovery period associated with significant harm are defined for each priority water body based on the MFL technical support document.
Rulemaking Authority §§ 9, 10 P.L. 83-358, 373.044, 373.113, 373.119, 373.129, 373.136, 373.171 FS. Law Implemented 373.016, 373.036, 373.042, 373.0421, 373.175, 373.216, 373.219, 373.223, 373.246, 373.709 FS. History-New 9-10-01, Amended 11-11-02, 4-1-03, 1-19-06, 12-12-06, 10-23-12, 9-7-15.
(2) Caloosahatchee River – means the surface waters that flow through the S-79 structure, combined with tributary contributions below S-79 that collectively flow southwest to San Carlos Bay.
(3) C&SF Project – means the project for Central and Southern Florida authorized under the heading ‘CENTRAL AND SOUTHERN FLORIDA’ in section 203 of the Flood Control Act of 1948 (Chapter 771).
(4) CERP – means the Comprehensive Everglades Restoration Plan contained in the ‘Final Integrated Feasibility Report and Programmatic Environmental Impact Statement’, dated April 1, 1999, as modified by the Water Resources Development Act of 2000.
(5) Certification or Certify – means the formal determination by the District, through a validation process consistent with state and federal law, of the total amount of water made available by a project or project phase of a recovery or prevention strategy, as appropriate, for natural systems and other uses.
(6) Direct Withdrawal means:
(a) A ground water withdrawal that causes a water table drawdown greater than 0.1 feet, as determined using a model accepted by the District, at any location beneath the MFL surface water body or aquifer, up through a 1 in 10 year drought; or
(b) A surface water withdrawal from facilities physically located within the boundaries of a MFL surface water body.
(7) Everglades – means the lands and waters included within Water Conservation Areas, the Holeyland/Rotenberger wildlife management areas, and the freshwater portions of the Everglades National Park.
(8) Northeast Subregion of Florida Bay (hereinafter “”Florida Bay””) – means the bays, basins, and sounds within Taylor Slough and the C-111 Canal basin watersheds, including Long Sound, Little Blackwater Sound, Blackwater Sound, Buttonwood Sound, Joe Bay, Little Madeira Bay, Madeira Bay, Terrapin Bay, Eagle Key Basin, and other open waters of Florida Bay northeast of a boundary line between Terrapin Bay and Plantation Key (see Map 2).
(9) Harm – means the temporary loss of water resource functions, as defined for consumptive use permitting in Fl. Admin. Code Chapter 40E-2, that results from a change in surface or ground water hydrology and takes a period of one to two years of average rainfall conditions to recover.
(10) Indirect Withdrawal – means the withdrawal of water from a water source for a consumptive use that receives surface water or ground water from an MFL water body or is tributary to an MFL water body.
(11) Lake Istokpoga – means the lands and waters contained within the Lake below 40.0 feet NGVD, the top of the U.S. Army Corps of Engineers’ regulation schedule.
(12) Lake Okeechobee – means the lands and waters contained within the perimeter of the Hoover Dike.
(13) LEC Plan – means the Lower East Coast Regional Water Supply Plan – May 2000, including all three volumes.
(14) Lower West Coast Aquifers – means the lower Tamiami aquifer, sandstone aquifer and the mid-Hawthorn aquifer that occur within Charlotte, Hendry, Glades, Lee and Collier counties.
(15) LWC Plan – means the Lower West Coast Regional Water Supply Plan – April 2000, including all three volumes.
(16) Minimum Flow – means a flow established by the District pursuant to Sections 373.042 and 373.0421, F.S., for a given water body and set forth in Parts II and III of this chapter, at which further withdrawals would be significantly harmful to the water resources or ecology of the area.
(17) MFL Exceedance – means to fall below a minimum flow or level, which is established in Parts II and III of this chapter, for a duration greater than specified for the MFL water body.
(18) MFL Violation – means to fall below a minimum flow or minimum level, which is established in Parts II and III of this chapter, for a duration and frequency greater than specified for the MFL water body. Unless otherwise specified herein, in determining the frequency with which water flows and levels fall below an established MFL for purposes of determining an MFL violation, a “”year”” means 365 days from the last day of the previous MFL exceedance.
(19) Minimum Level – means the level of groundwater in an aquifer or the level of surface water established by the District pursuant to Sections 373.042 and 373.0421, F.S., in Parts II and III of this chapter, at which further withdrawals would be significantly harmful to the water resources of the area.
(20) MFL Water Body – means any surface water, watercourse, or aquifer for which an MFL is established in Part II or III of this chapter.
(21) Northwest Fork of the Loxahatchee River: Means those areas defined below:
(a) Northwest Fork of the Loxahatchee River that has been federally designated as Wild, Scenic and Recreational uses (as defined in the Loxahatchee River Wild and Scenic River Management Plan 2000) (see Map 1, incorporated herein), including the river channel that extends from river mile 6.0 (latitude 26.9856, longitude 80.1426) located near the eastern edge of Jonathan Dickinson State Park and continues upstream to the G-92 structure (latitude 26.91014, longitude 80.17578), including the South Indian Water Control District Canal C-14. The river channel includes the physical water flow courses and adjacent floodplain up to the limits of the floodplain swamp and wetlands within Riverbend Park, as determined by state wetland delineation criteria;
(b) Cypress Creek which extends westward from river mile 10.6 to the intersection of Gulf Stream Citrus Road (latitude 26.96484, longitude 80.1855) located approximately one mile west of the Florida Turnpike and includes its natural river channels and contiguous floodplain as determined by state wetland delineation criteria;
(c) Kitching Creek which extends from river mile 8.1 (latitude 26.9908, longitude 80.1540) northward through Jonathan Dickinson State Park to north of Bridge Road (latitude 27.05513, longitude 80.17580), including its natural river channels and contiguous floodplain as determined by state wetland delineation criteria; and
(d) Hobe Grove Ditch which extends west from river mile 9.1 (latitude 26.9854, longitude 80.1594) westward to the Hobe-St. Lucie Conservancy District pump station outfall (latitude 26.5908, longitude 80.1031) including its natural river channels and contiguous floodplain as determined by state wetland delineation criteria.
(22) Operations – means activities taken by the District for the movement of surface water through works of the District pursuant to Florida Statutes Chapter 373
(23) Parts Per Thousand (ppt) – means in the measurement of salinity the total amount of salt in grams per 1000 grams of water. Practical salinity units (psu) similarly means a measure of salinity, but one that is based on conductivity of water at a standard temperature and pressure. Both terms are used interchangeably for purposes of this rule.
(24) Prevention Strategy(ies) – means the structural and non-structural actions approved by the District in regional water supply plans, pursuant to Florida Statutes § 373.0421, or by rule, for areas where MFLs are currently not violated, but are projected to be violated within twenty (20) years of the establishment of the minimum flow or level, if said prevention strategies are not implemented.
(25) Recovery Strategy(ies) – means the structural and non-structural actions approved by the District in regional water supply plans, pursuant to Florida Statutes § 373.0421, or by rule, for areas where MFLs are currently violated.
(26) Regional Water Supply Plan – means a plan approved by the District pursuant to Florida Statutes § 373.709
(27) St. Lucie River North Fork – means the surface waters that extend from the Gordy Road Bridge structure (state plane coordinates, x851212.831, y1116105.7470), combined with tributary contributions below Gordy Road and collectively flow south to the confluence with the C-24 canal (state plane coordinates, x873,712.20, y1064,390.41).
(28) St. Lucie River South Fork – means the surface waters that extend from the culverts located at state plane coordinates x902,512.67, y1,001,799.91, north to the confluence of the river and the St. Lucie Canal (C-44).
(29) St. Lucie Estuary – means the surface water body south of the confluence of the St. Lucie River North Fork and C-24, north of the confluence of the St. Lucie River South Fork and C-44, and west of the western boundary of the Intracoastal Waterway, exclusive of canals.
(30) Serious Harm – means the long-term loss of water resource functions, as addressed in Chapters 40E-21 and 40E-22, F.A.C., resulting from a change in surface or ground water hydrology.
(31) Significant Harm – means the temporary loss of water resource functions, which result from a change in surface or ground water hydrology, that takes more than two years to recover, but which is considered less severe than serious harm. The specific water resource functions addressed by an MFL and the duration of the recovery period associated with significant harm are defined for each priority water body based on the MFL technical support document.
Rulemaking Authority §§ 9, 10 P.L. 83-358, 373.044, 373.113, 373.119, 373.129, 373.136, 373.171 FS. Law Implemented 373.016, 373.036, 373.042, 373.0421, 373.175, 373.216, 373.219, 373.223, 373.246, 373.709 FS. History-New 9-10-01, Amended 11-11-02, 4-1-03, 1-19-06, 12-12-06, 10-23-12, 9-7-15.