Section 40E-10.021 - Definitions(1)Fakahatchee Estuary - The area within the Ten Thousand Islands region including the following river/bay systems, from west to east: Blackwater River/Blackwater Bay, Whitney River/Buttonwood Bay, Pumpkin River/Pumpkin Bay, Wood River, Little Wood River and Faka Union Canal/Faka Union Bay, and Fakahatchee Bay as depicted in Figure 1-3 Fakahatchee Estuary.(2)Picayune Strand - The area located southwest of the Florida Panther National Wildlife Refuge, north of the Ten Thousand Islands NWR, east of the South Belle Meade State Conservation and Recreation Lands (CARL) Project, west of the Fakahatchee Strand Preserve State Park, and northeast of Collier-Seminole State Park as depicted in Figure 1-2 Picayune Strand. The legal description of the Picayune Strand is contained in Appendix 1.(3)North Fork of the St. Lucie River- The area that extends from the Gordy Road structure (state plane coordinates, x851212.831, y1116105.7470), to the confluence of the North Fork of the St. Lucie River and the C-24 canal (state plane coordinates, x873, 712.20, y1064, 390.41) as depicted in Appendix 2, Figure 2-1.(4)Nearshore Central Biscayne Bay - The area within Biscayne Bay up to 1640 feet (500 meters) from the shoreline beginning south of Shoal Point extending southward to north of Turkey Point as depicted in Figure 3-1.(5) Caloosahatchee River - 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, as defined in subsection 40E-8.021(2), F.A.C.(6) Caloosahatchee River (C-43) West Basin Storage Reservoir - A reservoir located in Hendry County, Florida, west of the City of LaBelle on the east side of the Townsend Canal and south of SR 80 as described in Appendix 1-12, and depicted in Figure 1-13 (also known as the 'C-43 Reservoir').(7) Everglades Agricultural Area (EAA) Reservoir - A reservoir located in Palm Beach County, Florida, south of the City of South Bay between the Miami and North New River Canals as described in Appendix 3 and depicted in Figure 3-5.(8) For the Upper Chains of Lakes, Headwaters Revitalization Lakes, and Kissimmee River water reservation, the following definitions apply:(a) Lakes Hart-Mary Jane Reservation Waterbodies - Lake Hart, Lake Mary Jane, Lake Whippoorwill, Whippoorwill Canal, and the Central and Southern Florida Flood Control Project canals that occur between the S-57 and S-62 structures in Orange and Osceola counties, as depicted in Appendix 4, Figures 4-1 and 4-2A.(b) Lakes Myrtle-Preston-Joel Reservation Waterbodies - Lake Myrtle, Lake Preston, Lake Joel, Myrtle/Preston Canal, and the Central and Southern Florida Flood Control Project canals that occur between the S-57 and S-58 structures in Osceola County, as depicted in Appendix 4, Figures 4-1 and 4-3A.(c) East Lake Tohopekaliga Reservation Waterbodies - East Lake Tohopekaliga, Fells Cove, Ajay Lake, Lake Runnymede, Runnymede Canal, and the Central and Southern Florida Flood Control Project canals that occur between the S-59 and S-62 structures in Orange and Osceola counties, as depicted in Appendix 4, Figures 4-1 and 4-4A.(d) Lake Tohopekaliga Reservation Waterbodies - Lake Tohopekaliga and the Central and Southern Florida Flood Control Project canals that occur between the S-59 and S-61 structures in Osceola County, as depicted in Appendix 4, Figures 4-1 and 4-5A.(e) Alligator Chain of Lakes Reservation Waterbodies - Alligator Chain of Lakes, including Lake Center, Coon Lake, Trout Lake, Lake Lizzie, Brick Lake, Alligator Lake, Live Oak Lake, and Sardine Lake; Center/Coon, Live Oak, Sardine, and Brick canals; and the Central and Southern Florida Flood Control Project canals that occur between the S-58 and S-60 structures in Osceola County, as depicted in Appendix 4, Figures 4-1 and 4-6A.(f) Lake Gentry Reservation Waterbodies - Lake Gentry and the Central and Southern Florida Flood Control Project canals that occur between the S-60 and S-63A structures in Osceola County, as depicted in Appendix 4, Figures 4-1 and 4-7A.(g) Headwaters Revitalization Lakes Reservation Waterbodies - Lake Kissimmee, Lake Hatchineha, Tiger Lake, Tiger Creek, Cypress Lake, Zipprer Canal east of the G-103 structure, Jackson Canal downstream of the G-111 structure, and the Central and Southern Florida Flood Control Project canals that occur between the S-61, S-63A, and S-65 structures in Osceola and Polk counties, as depicted in Appendix 4, Figures 4-1 and 4-8A.(h) Kissimmee River Reservation Waterbodies - The Kissimmee River and its 100-year floodplain between the S-65 and S-65D structures, Istokpoga Canal and the floodplain located east of the S-67 structure; and the C-38 Canal and remnant river channels between the S-65D and S-65E structures in Polk, Osceola, Okeechobee and Highlands counties, as depicted in Appendix 4, Figures 4-1 and 4-9.(i) Upper Chain of Lakes Reservation Waterbodies - Refers to the collective waterbodies defined in paragraphs (8)(a)-(8)(f) above, as depicted in Figure 4-1.(j) Contributing Waterbodies - All wetlands and other surface waters, including canals and ditches, that contribute surface water to a reservation waterbody, as depicted in Figures 4-1, 4-4A, 4-5A, 4-6A, 4-7A, 4-8A, and 4-9.Fla. Admin. Code Ann. R. 40E-10.021
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, Amended by Florida Register Volume 40, Number 127, July 1, 2014 effective 7/16/2014, Amended by Florida Register Volume 47, Number 012, January 20, 2021 effective 1/31/2021, Amended by Florida Register Volume 47, Number 036, February 23, 2021 effective 3/10/2021.New 7-2-09, Amended 3-18-10, 7-21-13, 7-16-14, 1-31-21, 3-10-21. Editor's Note: Please see the Word document for Chapter 40E-10 for the inclusion of the appendices referenced in the above rule text.