Florida Regulations 40E-10.071: Water Reservation Areas: Upper and Lower Kissimmee Basin Planning Areas
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(1) Upper Chain of Lakes
(a) Lakes Hart-Mary Jane Reservation Waterbodies, as defined in Fl. Admin. Code R. 40E-10.021(8)(a):
1. Surface Water: All surface water in Lakes Hart-Mary Jane (Figure 4-2A) up to the water reservation stages depicted in Figure 4-2B and listed in Table 4-2 is reserved from additional allocations.
2. Groundwater: Surficial aquifer system groundwater contributing to Lakes Hart-Mary Jane that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Fl. Admin. Code R. 40E-2.091, effective March 21, 2021.
(b) Lakes Myrtle-Preston-Joel Reservation Waterbodies, as defined in Fl. Admin. Code R. 40E-10.021(8)(b):
1.Surface Water: All surface water in Lakes Myrtle-Preston-Joel (Figure 4-3A) up to the water reservation stages depicted in Figure 4-3B and listed in Table 4-3 is reserved from additional allocations.
2. Groundwater: Surficial aquifer system groundwater contributing to Lakes Myrtle-Preston-Joel that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Fl. Admin. Code R. 40E-2.091, effective March 21, 2021.
(c) East Lake Tohopekaliga Reservation Waterbodies, as defined in Fl. Admin. Code R. 40E-10.021(8)(c), and Contributing Waterbodies, as defined in Fl. Admin. Code R. 40E-10.021(8)(j):
1. Surface Water: All surface water in East Lake Tohopekaliga (Figure 4-4A) up to the water reservation stages depicted in Figure 4-4B and listed in Table 4-4 is reserved from additional allocations.
2. Groundwater: Surficial aquifer system groundwater contributing to East Lake Tohopekaliga or its contributing waterbodies that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Fl. Admin. Code R. 40E-2.091, effective March 21, 2021.
3. Contributing Waterbodies: Surface water that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Fl. Admin. Code R. 40E-2.091, effective March 21, 2021.
(d) Lake Tohopekaliga Reservation Waterbodies, as defined in Fl. Admin. Code R. 40E-10.021(8)(d), and Contributing Waterbodies, as defined in Fl. Admin. Code R. 40E-10.021(8)(j):
1. Surface Water: All surface water in Lake Tohopekaliga (Figure 4-5A) up to the water reservation stages depicted in Figure 4-5B and listed in Table 4-5 is reserved from additional allocations.
2. Groundwater: Surficial aquifer system groundwater contributing to Lake Tohopekaliga or its contributing waterbodies that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Fl. Admin. Code R. 40E-2.091, effective March 21, 2021.
3. Contributing Waterbodies: Surface water that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Fl. Admin. Code R. 40E-2.091, effective March 21, 2021.
(e) Alligator Chain of Lakes Reservation Waterbodies, as defined in Fl. Admin. Code R. 40E-10.021(8)(e), and Contributing Waterbodies, as defined in Fl. Admin. Code R. 40E-10.021(8)(j):
1. Surface Water: All surface water in the Alligator Chain of Lakes (Figure 4-6A) up to the water reservation stages depicted in Figure 4-6B and listed in Table 4-6 is reserved from additional allocations.
2. Groundwater: Surficial aquifer system groundwater contributing to the Alligator Chain of Lakes or its contributing waterbodies that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Fl. Admin. Code R. 40E-2.091, effective March 21, 2021.
3. Contributing Waterbodies: Surface water that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Fl. Admin. Code R. 40E-2.091, effective March 21, 2021.
(f) Lake Gentry Reservation Waterbodies, as defined in Fl. Admin. Code R. 40E-10.021(8)(f), and Contributing Waterbodies, as defined in Fl. Admin. Code R. 40E-10.021(8)(j):
1. Surface Water: All surface water in Lake Gentry (Figure 4-7A) up to the water reservation stages depicted in Figure 4-7B and listed in Table 4-7 is reserved from additional allocations.
2. Groundwater: Surficial aquifer system groundwater contributing to Lake Gentry or its contributing waterbodies that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Fl. Admin. Code R. 40E-2.091, effective March 21, 2021.
3. Contributing Waterbodies: Surface water that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Fl. Admin. Code R. 40E-2.091, effective March 21, 2021.
(2) Headwaters Revitalization Lakes Reservation Waterbodies, as defined in Fl. Admin. Code R. 40E-10.021(8)(g), and Contributing Waterbodies, as defined in Fl. Admin. Code R. 40E-10.021(8)(j):
(a) Surface Water: All surface water in the Headwaters Revitalization Lakes (Figure 4-8A; Figure 4-8B; Table 4-8) is reserved from additional allocations.
(b) Groundwater: Surficial aquifer system groundwater contributing to the Headwaters Revitalization Lakes or their contributing waterbodies that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Fl. Admin. Code R. 40E-2.091, effective March 21, 2021.
(c) Contributing Waterbodies: Surface water that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Fl. Admin. Code R. 40E-2.091, effective March 21, 2021.
(3) Kissimmee River Reservation Waterbodies, as defined in Fl. Admin. Code R. 40E-10.021(8)(h), and Contributing Waterbodies, as defined in Fl. Admin. Code R. 40E-10.021(8)(j):
(a) Surface Water: All surface water in the Kissimmee River (Figure 4-9) is reserved from additional allocations in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Fl. Admin. Code R. 40E-2.091, effective March 21, 2021.
(b) Groundwater: Surficial aquifer system groundwater contributing to the Kissimmee River or its contributing waterbodies that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Fl. Admin. Code R. 40E-2.091, effective March 21, 2021.
(c) Contributing Waterbodies: Surface water that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Fl. Admin. Code R. 40E-2.091, effective March 21, 2021.
(4) The reservation contained in this rule and the criteria contained in Subsection 3.11.5 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, effective March 21, 2021, shall be reviewed and revised pursuant to Florida Statutes § 373.223(4), in light of changed conditions or new information, including any revised regulation schedules.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Laws Implemented 373.016, 373.026, 373.036, 373.1501, 373.1502, 373.219, 373.223, 373.4592, 373.4595, 373.470 FS. History—New 3-21-21.
Editor’s Note: Please see the Word document for Chapter 40E-10 for the inclusion of the appendices referenced in the above rule text.
(a) Lakes Hart-Mary Jane Reservation Waterbodies, as defined in Fl. Admin. Code R. 40E-10.021(8)(a):
1. Surface Water: All surface water in Lakes Hart-Mary Jane (Figure 4-2A) up to the water reservation stages depicted in Figure 4-2B and listed in Table 4-2 is reserved from additional allocations.
2. Groundwater: Surficial aquifer system groundwater contributing to Lakes Hart-Mary Jane that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Fl. Admin. Code R. 40E-2.091, effective March 21, 2021.
(b) Lakes Myrtle-Preston-Joel Reservation Waterbodies, as defined in Fl. Admin. Code R. 40E-10.021(8)(b):
1.Surface Water: All surface water in Lakes Myrtle-Preston-Joel (Figure 4-3A) up to the water reservation stages depicted in Figure 4-3B and listed in Table 4-3 is reserved from additional allocations.
2. Groundwater: Surficial aquifer system groundwater contributing to Lakes Myrtle-Preston-Joel that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Fl. Admin. Code R. 40E-2.091, effective March 21, 2021.
(c) East Lake Tohopekaliga Reservation Waterbodies, as defined in Fl. Admin. Code R. 40E-10.021(8)(c), and Contributing Waterbodies, as defined in Fl. Admin. Code R. 40E-10.021(8)(j):
1. Surface Water: All surface water in East Lake Tohopekaliga (Figure 4-4A) up to the water reservation stages depicted in Figure 4-4B and listed in Table 4-4 is reserved from additional allocations.
2. Groundwater: Surficial aquifer system groundwater contributing to East Lake Tohopekaliga or its contributing waterbodies that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Fl. Admin. Code R. 40E-2.091, effective March 21, 2021.
3. Contributing Waterbodies: Surface water that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Fl. Admin. Code R. 40E-2.091, effective March 21, 2021.
(d) Lake Tohopekaliga Reservation Waterbodies, as defined in Fl. Admin. Code R. 40E-10.021(8)(d), and Contributing Waterbodies, as defined in Fl. Admin. Code R. 40E-10.021(8)(j):
1. Surface Water: All surface water in Lake Tohopekaliga (Figure 4-5A) up to the water reservation stages depicted in Figure 4-5B and listed in Table 4-5 is reserved from additional allocations.
2. Groundwater: Surficial aquifer system groundwater contributing to Lake Tohopekaliga or its contributing waterbodies that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Fl. Admin. Code R. 40E-2.091, effective March 21, 2021.
3. Contributing Waterbodies: Surface water that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Fl. Admin. Code R. 40E-2.091, effective March 21, 2021.
(e) Alligator Chain of Lakes Reservation Waterbodies, as defined in Fl. Admin. Code R. 40E-10.021(8)(e), and Contributing Waterbodies, as defined in Fl. Admin. Code R. 40E-10.021(8)(j):
1. Surface Water: All surface water in the Alligator Chain of Lakes (Figure 4-6A) up to the water reservation stages depicted in Figure 4-6B and listed in Table 4-6 is reserved from additional allocations.
2. Groundwater: Surficial aquifer system groundwater contributing to the Alligator Chain of Lakes or its contributing waterbodies that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Fl. Admin. Code R. 40E-2.091, effective March 21, 2021.
3. Contributing Waterbodies: Surface water that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Fl. Admin. Code R. 40E-2.091, effective March 21, 2021.
(f) Lake Gentry Reservation Waterbodies, as defined in Fl. Admin. Code R. 40E-10.021(8)(f), and Contributing Waterbodies, as defined in Fl. Admin. Code R. 40E-10.021(8)(j):
1. Surface Water: All surface water in Lake Gentry (Figure 4-7A) up to the water reservation stages depicted in Figure 4-7B and listed in Table 4-7 is reserved from additional allocations.
2. Groundwater: Surficial aquifer system groundwater contributing to Lake Gentry or its contributing waterbodies that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Fl. Admin. Code R. 40E-2.091, effective March 21, 2021.
3. Contributing Waterbodies: Surface water that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Fl. Admin. Code R. 40E-2.091, effective March 21, 2021.
(2) Headwaters Revitalization Lakes Reservation Waterbodies, as defined in Fl. Admin. Code R. 40E-10.021(8)(g), and Contributing Waterbodies, as defined in Fl. Admin. Code R. 40E-10.021(8)(j):
(a) Surface Water: All surface water in the Headwaters Revitalization Lakes (Figure 4-8A; Figure 4-8B; Table 4-8) is reserved from additional allocations.
(b) Groundwater: Surficial aquifer system groundwater contributing to the Headwaters Revitalization Lakes or their contributing waterbodies that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Fl. Admin. Code R. 40E-2.091, effective March 21, 2021.
(c) Contributing Waterbodies: Surface water that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Fl. Admin. Code R. 40E-2.091, effective March 21, 2021.
(3) Kissimmee River Reservation Waterbodies, as defined in Fl. Admin. Code R. 40E-10.021(8)(h), and Contributing Waterbodies, as defined in Fl. Admin. Code R. 40E-10.021(8)(j):
(a) Surface Water: All surface water in the Kissimmee River (Figure 4-9) is reserved from additional allocations in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Fl. Admin. Code R. 40E-2.091, effective March 21, 2021.
(b) Groundwater: Surficial aquifer system groundwater contributing to the Kissimmee River or its contributing waterbodies that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Fl. Admin. Code R. 40E-2.091, effective March 21, 2021.
(c) Contributing Waterbodies: Surface water that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Fl. Admin. Code R. 40E-2.091, effective March 21, 2021.
(4) The reservation contained in this rule and the criteria contained in Subsection 3.11.5 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, effective March 21, 2021, shall be reviewed and revised pursuant to Florida Statutes § 373.223(4), in light of changed conditions or new information, including any revised regulation schedules.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Laws Implemented 373.016, 373.026, 373.036, 373.1501, 373.1502, 373.219, 373.223, 373.4592, 373.4595, 373.470 FS. History—New 3-21-21.
Editor’s Note: Please see the Word document for Chapter 40E-10 for the inclusion of the appendices referenced in the above rule text.