Section 40D-2.302 - Reservations from Use(1) All available water from the Morris Bridge Sink but not greater than 3.9 million gallons of water on any given day is reserved to be used to contribute to achieving or maintaining the Minimum Flows for the Lower Hillsborough River set forth in Rule 40D-8.041, F.A.C. The Morris Bridge Sink is located in Section 5, Township 28S, Range 20E, approximately 0.6 miles south of the Hillsborough River and 0.5 miles north of Cow House Creek in Hillsborough County, Florida.(2) The Governing Board anticipates reserving from use water necessary to recover to, and protect, the Minimum Flows and Levels established for the Southern Water Use Caution Area as set forth in Chapter 40D-8, F.A.C. These reservations will be adopted through future rulemaking on a case-by-case basis, to address water that is developed through water resource development projects designed to achieve and maintain Minimum Flows and Levels. Adopted reservations will be incorporated into this Rule 40D-2.302, F.A.C.(3) The Governing Board finds reserving from allocation and use by permit applicants the water stored in Lake Hancock at and below water elevation 100.0 feet NGVD (1929) is required for the protection of fish and wildlife. The Governing Board also finds reserving from allocation and use by permit applicants the water released from Lake Hancock to Lower Saddle Creek is required for the protection of fish and wildlife when any of the following flow thresholds in the Upper Peace River are not met: (a) 17 cubic feet per second ("cfs") at United States Geological Survey ("USGS") Bartow Gage No. 02294650;(b) 27 cfs at USGS Fort Meade Gage No. 02294898;(c) 45 cfs at USGS Zolfo Springs Gage No. 02295637.Fla. Admin. Code Ann. R. 40D-2.302
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.0421, 373.223(4) FS.
New 1-1-07, Amended 11-25-07, Amended by Florida Register Volume 46, Number 093, May 12, 2020 effective 5/27/2020.New 1-1-07, Amended 11-25-07, 5-27-20.