Section 40DER17-02 - Minimum Flows for the Crystal River/Kings Bay System(a) For purposes of this rule, the Crystal River/Kings Bay System includes the watercourse from Kings Bay to the Gulf of Mexico, including contributing tributaries, Kings Bay, and all named and unnamed springs that discharge to the river or bay.(b) The Minimum Flow for the Crystal River/Kings Bay System is a long-term tidally-filtered average flow of 406 cubic feet per second ("cfs") at the United States Geological Survey Crystal River at Bagley Cove near Crystal River, FL Gage ("United States Geological Survey Gage No. 02310747"). The Minimum Flow is based on an 11% reduction from the long-term tidally-filtered average flow of 456 cfs adjusted for groundwater withdrawals for the period of record from 2002 through 2015 at the United States Geological Survey Gage No. 02310747.(c) Status assessments of the Minimum Flow for the Crystal River/Kings Bay System will be completed to determine whether the long-term tidally-filtered 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 tidally-filtered average flow of the Crystal River/Kings Bay System has been reduced due to withdrawals for the period of record from 2002 to the date of each status assessment at the United States Geological Survey Gage No. 02310747.2. 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 tidally-filtered average flows adjusted for withdrawals, then no further actions are required beyond continued monitoring.4. If the long-term tidally-filtered average flow is below the Minimum Flow, or if the long-term tidally-filtered 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 Crystal River/Kings Bay System.5. Based on the causation analysis, the District will re-evaluate the Minimum Flow for the Crystal River/Kings Bay 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.Fla. Admin. Code Ann. R. 40DER17-02
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.036, 373.042, 373.0421 FS.
Adopted by Florida Register Volume 43, Number 129, July 5, 2017 effective 6/29/2017.This emergency rule is being adopted pursuant to 373.042(2)(c), F.S. (2016), and will remain in effect until the related Crystal River/Kings Bay Minimum Flow proposed in rule 40D-8.041, F.A.C., becomes effective.