Section 40A-2.223 - Reservation of Water(1) At U.S. Geological Survey gauging station No. 02358000, Apalachicola River at Chattahoochee, the magnitude, duration and frequency of observed flows are reserved for the protection of fish and wildlife of the river, floodplain and Apalachicola Bay.(2) At U.S. Geological Survey gauging station No. 02358700, Apalachicola River near Blountstown, the magnitude, duration and frequency of observed flows are reserved for the protection of fish and wildlife of the river, floodplain and Apalachicola Bay.(3) At and below U.S. Geological Survey gauging station No. 02359170, Apalachicola River near Sumatra, the magnitude, duration and frequency of observed flows are reserved for the protection of fish and wildlife of the river, floodplain and Apalachicola Bay.(4) At U.S. Geological Survey gauging station No. 02359000, Chipola River near Altha, the magnitude, duration and frequency of observed flows are reserved for the protection of fish and wildlife of the Chipola River, Apalachicola River, the associated floodplains and Apalachicola Bay.(5) The Governing Board finds that consumptive withdrawals of surface water from the main stem of the Apalachicola River are not in the public interest and therefore reserves from use by permit the flows specified in subsections (1), (2) and (3). Such reservation is made for all seasons of the year.(6) The Governing Board finds that consumptive withdrawals of surface water from the main stem of the Chipola River and the Chipola Cutoff are not in the public interest and, therefore, reserves from use by permit the flows specified in subsection (4). Such reservation is made for all seasons of the year.(7) For purposes of this Rule 40A-2.223, F.A.C., consumptive withdrawals shall mean withdrawals minus returns but shall not include evaporative losses. Diversions of surface water for cooling purposes, fish and wildlife propagation, fish and wildlife refuge, water based migratory bird hunting refuges and similar diversions are exempt from the provisions of this Rule 40A-2.223, F.A.C., provided that such diverted water, minus evapotranspiration, is returned to the Apalachicola River Basin.(8) Nothing in this section shall exempt diversions as specified in subsection (7) from obtaining water use permits required elsewhere in this Chapter 40A-2, F.A.C.(9) The Governing Board finds that surface water withdrawals by the City of Port St. Joe from the Chipola River is an alternative water supply as contemplated by Sections 373.019 and 373.707, F.S., and are therefore exempt from the provisions of this Rule 40A-2.223, F.A.C. Nothing in this section shall exempt the City of Port St. Joe from the permitting requirements of this Chapter 40A-2, F.A.C.Fla. Admin. Code Ann. R. 40A-2.223
Rulemaking Authority 373.044, 373.113, 373.171, 373.216, 373.219 FS. Law Implemented 373.216, 373.219, 373.223 FS.
New 2-27-06, Amended 5-29-14.New 2-27-06, Amended 5-29-14.