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Alafia River Minimum Flows and Levels - Southwest Florida Water ...

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Chapter 1 <strong>Minimum</strong> <strong>Flows</strong> <strong>and</strong> <strong>Levels</strong><br />

1.1 Overview<br />

The <strong>Southwest</strong> <strong>Florida</strong> <strong>Water</strong> Management District (SWFWMD), by virtue of its<br />

responsibility to permit the consumptive use of water <strong>and</strong> a legislative m<strong>and</strong>ate to<br />

protect water resources from “significant harm”, has been directed to establish<br />

minimum flows <strong>and</strong> levels (MFLs) for streams <strong>and</strong> rivers within its boundaries<br />

(Section 373.042, <strong>Florida</strong> Statutes). As currently defined by statute, “the minimum<br />

flow for a given watercourse shall be the limit at which further withdrawals<br />

would be significantly harmful to the water resources or ecology of the area.”<br />

Mere development or adoption of a minimum flow, of course, does not protect a<br />

water body from significant harm; however, protection, recovery or regulatory<br />

compliance can be gauged once a st<strong>and</strong>ard has been established. The District's<br />

purpose in establishing MFLs is to create a yardstick against which permitting <strong>and</strong>/or<br />

planning decisions regarding water withdrawals, either surface or groundwater, can<br />

be made. Should an amount of withdrawal requested cause “significant harm” then<br />

a permit cannot be issued. If, when developing MFLs, it is determined that a system<br />

is already significantly harmed as a result of existing withdrawals, then a recovery<br />

plan is developed <strong>and</strong> implemented.<br />

According to state law, minimum flows <strong>and</strong> levels are to be established based upon<br />

the best available information (Section 373.042, F.S), <strong>and</strong> shall be developed with<br />

consideration of “...changes <strong>and</strong> structural alterations to watersheds, surface waters<br />

<strong>and</strong> aquifers <strong>and</strong> the effects such changes or alterations have had, <strong>and</strong> the<br />

constraints such changes or alterations have placed, on the hydrology of the<br />

affected watershed, surface water, or aquifer...” (Section 373.0421, F.S.). Changes,<br />

alterations <strong>and</strong> constraints associated with water withdrawals are not to be<br />

considered when developing minimum flows <strong>and</strong> levels. However, according to the<br />

State <strong>Water</strong> Resources Implementation Rule (Chapter 62-40.473, <strong>Florida</strong><br />

Administrative Code), “consideration shall be given to the protection of water<br />

resources, natural seasonal fluctuations in water flows or levels, <strong>and</strong> environmental<br />

values associated with coastal, estuarine, aquatic <strong>and</strong> wetl<strong>and</strong>s ecology, including:<br />

1) Recreation in <strong>and</strong> on the water;<br />

2) Fish <strong>and</strong> wildlife habitats <strong>and</strong> the passage of fish;<br />

3) Estuarine resources;<br />

4) Transfer of detrital material;<br />

5) Maintenance of freshwater storage <strong>and</strong> supply;<br />

6) Aesthetic <strong>and</strong> scenic attributes;<br />

7) Filtration <strong>and</strong> absorption of nutrients <strong>and</strong> other pollutants;<br />

8) Sediment loads;<br />

1-1

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