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  • tmdl
    067 3 F S as part of the Department s watershed management approach During this assessment the Department shall determine whether the water body is impaired and whether the impairment is due to pollutant discharges using the methodology in Part III The resultant verified list of impaired waters which is the list of waters for which TMDLs will be developed by the Department pursuant to subsection 403 067 4 will be adopted by Secretarial Order and will be subject to challenge under subsection 120 569 and 120 57 F S Once adopted the list will be submitted to the EPA pursuant to sub paragraph s 303 d 1 A and C of the CWA 2 Consistent with state and federal requirements opportunities for public participation including workshops meetings and periods to submit comments on draft lists will be provided as part of the development of planning and verified lists Specific Authority 403 061 403 067 FS Law Implemented 403 062 403 067 FS History New 62 303 200 Definitions As used in this chapter 1 BioRecon shall mean a bioassessment conducted following the procedures outlined in Protocols for Conducting a Biological Reconnaissance in Florida Streams Florida Department of Environmental Protection March 13 1995 which is incorporated by reference 2 Clean techniques shall mean those applicable field sampling procedures and analytical methods referenced in Method 1669 Sampling Ambient Water for Trace Metals at EPA Water Quality Criteria Levels July 1996 USEPA Office of Water Engineering and Analysis Division Washington D C which is incorporated by reference 3 Department or DEP shall mean the Florida Department of Environmental Protection 4 Designated use shall mean the present and future most beneficial use of a body of water as designated by the Environmental Regulation Commission by means of the classification system contained in Chapter 62 302 F A C 5 Estuary shall mean predominantly marine regions of interaction between rivers and nearshore ocean waters where tidal action and river flow mix fresh and salt water Such areas include bays mouths of rivers and lagoons 6 Impaired water shall mean a water body or water body segment that does not meet its applicable water quality standards as set forth in Chapters 62 302 and 62 4 F A C as determined by the methodology in Part III of this chapter due in whole or in part to discharges of pollutants from point or nonpoint sources 7 Lake Condition Index shall mean the benthic macroinvertebrate component of a bioassessment conducted following the procedures outlined in Development of Lake Condition Indexes LCI for Florida Florida Department of Environmental Protection July 2000 which is incorporated by reference 8 Natural background shall mean the condition of waters in the absence of man induced alterations based on the best scientific information available to the Department The establishment of natural background for an altered waterbody may be based upon a similar unaltered waterbody or on historical pre alteration data 9 Nuisance species shall mean species of flora or fauna whose noxious

    Original URL path: http://www.swfwc.org/Documents/tmdl.htm (2016-05-02)
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  • DQAImpairedwaters
    on the needs of the project the intended use of the final data and the degree of confidence required in the quality of the results data quality assessment can be conducted at many levels For the purposes of identification of impaired surface waters the level of data quality assessment to be conducted Table 1 requires providing the appropriate data elements Table 2 If the data and applicable data elements are in an electronic format data quality assessments can be performed automatically on large volumes of data using software tools without significant impact to staffing Department programs can realize significant improvement in environmental protection without additional process using these types of reviews routinely Table 1 Recommended Quality Assessment Checks Quality Test Review to determine if analyses were conducted within holding times Review for qualifiers indicative of problems Screen comments for keywords indicative of problems Review laboratory certification status for particular analyte at the time analysis was performed Review data to determine if parts are significantly greater than the whole e g ortho P total phosphorus or NH 3 TKN dissolved metal total metal Screen data for realistic ranges e g is pH 14 Review detection limits and quantitation limits against Department criteria and program action levels to ensure adequate sensitivity Review for blank contamination Table 2 Data Elements Related to Quality Assessment ID Element Description 1 Sample ID Unique Field Sample Identifier 2 Parameter Name Name of the parameter measured 3 Analytical Result Result for the analytical measurement 4 Result Units Units in which measurement is reported 5 DEP Qualifiers Qualifier code describing specific QA conditions as reported by the data provider 6 Result Comments Free form text where data provider relates information they consider relevant to the result 7 Date Time of sample collection 8 Date Time of sample preparation

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  • SOUTH FLORIDA WATER MANAGEMENT DISTRICT
    body 10 Lake Okeechobee means the lands and waters contained within the perimeter of the Hoover Dike 11 LEC Plan means the Lower East Coast Regional Water Supply Plan May 2000 including all three volumes 12 Lower West Coast Aquifers means the lower Tamiami aquifer sandstone aquifer and the mid Hawthorn aquifer that occur within Charlotte Hendry Glades Lee and Collier counties 13 LWC Plan means the Lower West Coast Regional Water Supply Plan April 2000 including all three volumes 14 Minimum Flow means a flow established by the District pursuant to Sections 373 042 and 373 0421 F S for a given water body and set forth in Parts II and III of this chapter at which further withdrawals would be significantly harmful to the water resources or ecology of the area 15 Minimum Flow and Level Exceedance means to fall below a minimum flow or level which is establis hed in Parts II and III of this chapter for a duration greater than specified for the MFL water body 16 Minimum Flow and Level Violation means to fall below a minimum flow or minimum level which is established in Parts II and III of this chapter for a duration and frequency greater than specified for the MFL water body Unless otherwise specified herein in determining the frequency with which water flows and levels fall below an established MFL for purposes of determining a MFL violation a y ear means 365 days from the last day of the previous MFL exceedance 17 Minimum Level means the level of groundwater in an aquifer or the level of surface water established by the District pursuant to Sections 373 042 and 373 0421 F S in Parts II and III of this chapter at which further withdrawals would be significantly harmful to the water resources of the area 18 MFL Water Body means any surface water watercourse or aquifer for which an MFL is established in Part II or III of this chapter 19 Operations means activities taken by the District for the movement of surface water through works of the District pursuant to Chapter 373 F S 20 Prevention Strategy ies means the structural and non structural actions approved by the District in regional water supply plans pursuant to Section 373 0421 F S or by rule for areas where MFLs are currently not violated but are projected to be violated within twenty 20 years of the establishment of the minimum flow or level if said prevention strategies are not implemented 21 Recovery Strategy ies means the structural and non structural actions approved by the District in regional water supply plans pursuant to Section 373 0421 F S or by rule for areas where MFLs are currently violated 22 Regional Water Supply Plan means a plan approved by the District pursuant to Section 373 0361 F S 23 Serious Harm means the long term loss of water resource functions as addressed in Chapters 40E 21 and 40E 22 F A C resulting from a change in surface or ground water hydrology 24 Significant Harm means the temporary loss of water resource functions which result from a change in surface or ground water hydrology that take s more than two years to recover but which is considered less severe than serious harm The specific water resource functions addressed by a MFL and the duration of the recovery period associated with significant harm are defined for each priority water body based on the MFL technical support document Specific Authority 373 044 373 113 373 171 FS Law Implemented 373 016 373 036 373 0361 373 042 373 0421 FS History New 9 10 01 PART II MFL CRITERIA LOWER EAST COAST REGIONAL PLANNING AREA 40E 8 221 Minimum Flows and Levels Surface Waters The MFLs contained in this Part identify the point at which further withdrawals would cause significant harm to the water resources or ecology of the area as applicable pursuant to Sections 373 042 and 373 0421 F S It is the District s intent to correct or prevent the violation of these MFLs through management of the water resources 1 Lake Okeechobee An MFL violation occurs in Lake Okeechobee when an exceedance as defined herein occurs more than once every six years An exceedance is a decline below 11 feet NGVD for more than 80 non consecutive or consecutive days during an eighteen month period The eighteen month period shall be initiated following the first day Lake Okeechobee falls below 11 feet NGVD and shall not include more than one wet season defined as May 31 st through October 31 st of any given calendar year 2 Caloosahatchee River A minimum mean monthly flow of 300 CFS is necessary to maintain sufficient salinities at S 79 in order to prevent a MFL exceedance A MFL exceedance occurs during a 365 day period when a a 30 day average salinity concentration exceeds 10 parts per thousand at the Ft Myers salinity station measured at 20 of the total river depth from the water surface at a location of latitude 263907 260 longitude 815209 296 or b a single daily average salinity exceeds a concentration of 20 parts per thousand at the Ft Myers salinity station Exceedance of either subsection a or subsection b for two consecutive years is a violation of the MFL 3 Everglades a Criteria for Peat Forming Wetlands Water levels within wetlands overlying organic peat soils within the water conservation areas Rotenberger and Holeyland wildlife management areas and Shark River Slough Everglades National Park shall not fall 1 0 feet or more below ground surface as measured at a key gage for one or more days during a period in which the water level has remained below ground for a minimum of 30 days at specific return frequencies as specified in Table 1 below b Criteria for Marl Forming Wet lands Water levels within marl forming wetlands that are located east and west of Shark River Slough the Rocky Glades and Taylor Slough within Everglades National Park shall not fall 1 5 feet below ground surface as measured at a key gage for one or more days during a period in which the water level has remained below ground for a minimum of 90 days at specific return frequencies for different areas as identified in Table 1 below The MFL criteria listed in Table 1 are based on existing changes and structural alterations to the pre drainage conditions of the Everglades It is the District s intent through implementation of the LEC Plan and the CERP to achieve mini mum hydropattern return frequencies that approximate CERP compatible pre drainage conditions in the Everglades As a result as the existing structural changes and alterations are corrected the MFL criteria contained herein will be modified through a rul e amendment consistent with the LEC Plan and the CERP Specific Authority 373 044 373 113 373 171 FS Law Implemented 373 016 373 036 373 0361 373 042 373 0421 FS History New 9 10 01 Table 1 Minimum water levels duration and return frequencies for key water management gages located within the Everglades 1 2 3 Area Key Gage Soil Type MFL Criteria Return Frequency years 3 4 WCA 1 1 7 Peat 1 1 in 4 WCA 2A 2A 17 Peat 1 in 4 WCA 2B 2B 21 Peat 1 in 3 WCA 3A North 3A NE Peat 1 in 2 WCA 3A North 3A NW Peat 1 in 4 WCA 3A North 3A 2 Peat 1 in 4 WCA 3A North 3A 3 Peat 1 in 3 WCA 3A central 3A 4 Peat 1 in 4 WCA 3A South 3A 28 Peat 1 in 4 WCA 3B 3B SE Peat 1 in 7 Rotenberger WMA Rotts Peat 1 in 2 Holeyland WMA HoleyG Peat 1 in 3 NE Shark Slough NESRS 2 Peat 1 in 10 Central Shark Slough NP 33 Peat 1 in 10 Central Shark Slough NP 36 Peat 1 in 7 Marl wetlands east of Shark Slough NP 38 Marl 2 1 in 3 Marl wetlands west of Shark Slough NP 201 G 620 Marl 1 in 5 Rockland marl marsh G 1502 Marl 1 in 2 Taylor Slough NP 67 Marl 1 in 2 1 MFL Criteria for Peat forming wetlands Water levels within wetlands overlying organic peat soils within the water conservation areas Rotenberger and Holeyland wildlife management areas and Shark River Slough Everglades National Park shall not fall 1 0 feet or more below ground surface as measured at a key gage for one or more days during a period in which the water level has remained below ground for at least 30 days at specific return frequencies shown above 2 MFL Criteria for Marl forming wetlands Water levels within marl forming wetlands that are located east and west of Shark River Slough the Rocky Glades and Taylor Slough within the Everglades National Park shall not fall 1 5 ft below ground surface as measured at a key gage for one or more days during a period in which the water level has remained below ground for at least 90 days at specific return frequencies for different areas as shown above 3 Return frequencies were developed using version 3 7 of the South Florida Water Management Model SFWMM and are the same as those stated on page 168 Table 44 of the adopted LEC Regional Water Supply Plan May 2000 4 MFL depth duration and return frequencies are based on historic rainfall conditions for the 31 year period of record from 1965 to 1995 40E 8 231 Minimum Levels Aquifers Biscayne Aquifer The minimum level for the Biscayne aquifer is the level that results in movement of the saltwater interface landward to the extent that ground water quality at an established withdrawal point is insufficient to serve as a water supply source A MFL violation occurs when water levels within the aquifer produce this degree of saltwater movement at any point in time Specific Authority 373 044 373 113 373 171 F S Law Implemented 373 016 373 036 373 0361 373 042 373 0421 F S History New 9 10 01 PART III MFL CRITERIA FOR LOWER WEST COAST REGIONAL PLANNING AREA 40E 8 301 Minimum Flows and Levels Surface Waters The MFLs contained in this Part identify the point at which further withdrawals would cause significant harm to the water resources or ecology of the area as applicable pursuant to Sections 373 042 and 373 0421 F S It is the District s intent to correct or prevent the violation of these criteria through management of the water resources Specific Authority 373 044 373 113 373 119 373 129 373 136 373 171 FS Law Implemented 373 016 373 036 373 0361 373 042 373 0421 373 175 373 216 373 219 373 223 373 246 FS History New 9 10 01 40E 8 331 Minimum Levels Aquifers The minimum levels for the lower Tamiami aquifer the Sandstone aquifer and the mid Hawthorn aquifer shall equal the structural top of the aquifer A violation of this criteria occurs when the water levels drop below the top of the uppermost geologic strata that comprises the aquifer at any point in time Water level measurements that are made to monitor the conditions of the aquifers for the purpose of this rule shall be located no closer than 50 feet from any existing pumping well Specific Authority 373 044 373 113 373 171 FS Law Implemented 373 016 373 036 373 0361 373 042 373 0421 FS History New 9 10 01 PART IV IMPLEMENTATION 40E 8 421 Pre vention and Recovery Strategies 1 At the time of adoption of this rule the existing flow or level for certain specified water bodies is below or within 20 years is projected to fall below the applicable MFL For this reason Section 373 0361 F S requires regional water supply plans to contain recovery and prevention strategies including water resource development and water supply development projects that are needed to achieve compliance with MFLs during the planning period The implementation of such projects will allow for the orderly replacement or enhancement of existing water sources with alternative supplies in order to provide sufficient water for all existing and projected reasonable beneficial uses consistent with Section 373 0421 F S a MFLs and recovery and prevention strategies will be implemented in phases with consideration of the District s missions in managing water resources including water supply flood protection environmental enhancement and water quality protection as required by Section 373 016 F S b MFLs are implemented to prevent significant harm to the water resources and where applicable the ecology of the area due to further withdrawals Sections 373 042 and 373 0421 F S A consumptive use permitting program is implemented to prevent harm to the water resource Section 373 219 F S A water shortage program is implemented to prevent serious harm to the water resource Sections 373 175 and 373 246 F S Additionally the protection of water resources will in part be achieved through the reservation of water for fish and wildlife or public health and safety Section 373 223 4 F S The conceptual model identifying the relationships between these water resource protection requirements is set forth in Figure I in this Part c The rules implementing water resource protection tools including Chapters 40E 2 40E 8 40E 20 40E 21 and 40E 22 F A C identify the specific factors and conditions that will be applied and considered in implementing the conceptual model Due to the extreme variations in water resource conditions climatic conditions hydrologic conditions and economic considerations that will be faced when implementing these rules it is critical to apply such criteria flexibly and to reserve for the governing board the ability to implement water resource protection and allocation programs considering all of the District s missions under Chapter 373 F S and to balance water supply flood protection resource protection and water quality protection needs Implementation of the recovery and prevention strategies will be achieved in compliance with the assurances to consumptive users and to natural systems contained in the LEC Plan and the LWC Plan d The phasing and timetables for implementation of structural components in recovery and prevention strategies contained in approved regional water supply plans are found to meet the requirements in Section 373 0421 2 F S for the expeditious and practicable recovery of the MFLs e Upon completion of each project or project phase of a recovery or prevention plan the District will certify the availability of water as defined in Subsection Rule 40E 8 021 5 F A C f In order to ensure that the actual and projected performance of prevention and recovery strategies approved in the regional waters supply plans is sufficient to meet water resource needs including MFLs and the existing and projected reasonable beneficial uses the District will update recovery and prevention strategies on a periodic basis based on new information and system performance The performance of the recovery and prevention strategies in comparison to the performance projected in the regional water supply plans will be assessed by the District for each recovery or prevention strategy phase Based on the actual performance and new information obtained regarding the water resources the District will review and revise if necessary recovery and prevention strategies through the regional water supply plan update process every five years or sooner as required by Section 373 0361 F S At that time the governing board will determine if rule modifications to the MFL or recovery and prevention strategies are necessary to continue to meet the requirements of Sections 373 042 and 373 0421 F S Figure 1 Conceptual Relationship Among the Harm Serious Harm and Significant Harm Standards 2 The Everglades and the Caloosahatchee River a As the effective date of this rule the Everglades and Caloosahatchee River have experienced MFL violations As a result the LEC Plan and the LWC Plan contain approved recovery strategies pursuant to Section 373 0421 F S Inc luded in these recovery and prevention strategies is the CERP b MFLs for many areas within the Everglades and the Caloosahatchee River served by the C SF Project will not be achieved immediately upon adoption of this rule largely because of the lack of adequate regional storage or ineffective water drainage and distribution infrastructure Although not all locations within the Everglades are currently in violation of the proposed MFL the Everglades as a whole is subject to a recovery strategy The LEC Plan identifies the structural and non structural remedies necessary for the recovery of MFL water bodies These structural and non structural remedies are also intended to restore the Everglades and the Caloosahatchee River above the MFLs through Chapter 373 F S authorities of the District The projected long term restoration of flows and levels in the Everglades resulting from implementation of the LEC Plan and the CERP is documented in the LEC Plan and are intended to more closely approximate pre drainage conditions The planned components include implementing consumptive use and water shortage programs removing conveyance limitations implementing revised C SF Project operational programs storing additional freshwater reserving water for the protection of fish and wildlife and developing alternative sources for water supply These components will be implemented over the next 20 years resulting in a phased restoration of the affected areas c The District as the U S Army Corps of Engineers local sponsor of the C SF Project is charged with implementing the CERP in accordance with the Water Resources Development Act of 2000 WRDA Title VI entitled Comprehensive Everglades Restoration and in accordance with State law Assurances regarding water availability for consumptive uses and protection of natural systems are set forth in WRDA Chapter 373 F S CERP and the LEC Plan which will be followed by the District in implementing this Chapter Additional quantities

    Original URL path: http://www.swfwc.org/Documents/MFLfinal1.htm (2016-05-02)
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  • CHAPTER 40E-22 — REGIONAL WATER SHORTAGE PLANS
    Specific Authority 373 044 373 113 FS Law Implemented 373 042 373 0421 373 086 373 103 4 373 175 373 246 FS History New 9 10 01 40E 22 322 Geographic Application This rule shall be applied to the Lake Okeechobee Region described in Subsection 40E 21 691 3 F A C and the Brighton Reservation in accordance with the terms of the Seminole Compact In addition depending upon particular hydrologic conditions restrictions imposed under this section may be applied to agricultural users of Lake Okeechobee and its connected canal system that are in areas outside the Lake Okeechobee Region Such areas will be identified as appropriate in the specific water shortage order declaring the restrictions Specific Authority 373 044 373 113 FS Law Implemented 373 042 373 0421 373 086 373 103 4 373 175 373 246 FS History New 9 10 01 40E 22 332 Water Shortage Triggers 1 Water shortage trigger levels for Lake Okeechobee are shown on Figure 22 4 When water levels within Lake Okeechobee fall below these trigger levels the governing board may impose water shortage restrictions pursuant to Rules 40E 21 231 40E 8 441 F A C and this Part In considering declaring a water shortage the governing board shall consider other factors evaluated in this Part and Rule 40E 21 221 F A C along with these trigger levels 2 a When water levels within Lake Okeechobee fall within Zone A depicted on Figure 22 4 a Phase I water shortage may be declared within the service area pursuant to Rule 40E 21 521 F A C b When water levels within Lake Okeechobee fall within Zone A area depicted on Figure 22 4 and can be expected to reach a June 1st lake stage of 10 5 feet NGVD

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  • SOUTH FLORIDA WATER MANAGEMENT DISTRICT
    e through j No change Specific Authority 373 044 373 113 FS Law Implemented 373 042 373 0421 373 175 373 246 FS History New 5 31 82 Amended 1 26 86 9 10 01 40E 21 521 Phase I Moderate Water Shortage The following restrictions shall apply when a Phase I water shortage is declared by the District 1 Essential Domestic Utility Commercial 2 Agriculture a 1 Through 5 No change 6 Withdrawals by each permitted user within the Lake Okeechobee Region as described in Subsection 40E 21 691 3 F A C shall be limited to an amount that represents each user s share of the total allocation for agricultural irrigation made by the District from Lake Okeechobee Lake for that month and in that basin The District s allocation determination for agricultural irrigation within the Lake Okeechobee Region will be based on its evaluation of the supply capabilities of the source class the supply capabilities of other source classes available in the area the needs of agriculture and other users in the area and the District s overall management strategy for handling the uncertainties of future climatological events The share of the total agricultural irrigation allocation available to each user will be based on any prioritization among crops the District establishes based on irrigation efficiency economic loss and equity considerations and the acreage and quantity of withdrawals for which the user has been permitted The District s allocation determination for agricultural irrigation within the Lake Okeechobee Region will be based on the supply capacity of Lake Okeechobee assuming a June 1 st lake stage of 10 5 feet NGVD b through e No change 3 through 4 No change Specific Authority 373 044 373 113 FS Law Implemented 373 042 373 0421 373 175 373 246 FS History New 5 31 82 Amended 1 26 86 2 14 91 9 10 01 40E 21 531 Phase II Severe Water Shortage The following restrictions shall apply when a Phase II water shortage is declared by the District 1 Essential Domestic Utility Commercial 2 Agriculture a 1 Through 5 No change 6 Withdrawals by each permitted user within the Lake Okeechobee Region as described in Section 40E 21 691 3 F A C shall be limited to an amount that represents each user s share of the total allocation for agricultural irrigation made by the District from Lake Okeechobee Lake for that month and in that basin The District s allocation determination for agricultural irrigation within the Lake Okeechobee Region will be based on its evaluation of the supply capabilities of the source class the supply capabilities of other source classes available in the area the needs of agriculture and other users in the area and the District s overall management strategy for handling the uncertainties of future climatological events The share of the total agricultural irrigation allocation available to each user will be based on any prioritization among crops the District establishes based on irrigation efficiency economic loss

    Original URL path: http://www.swfwc.org/Documents/MFLfinal3.htm (2016-05-02)
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  • RULE CHAPTER TITLE:
    as defined in subsection 373 019 4 Florida Statutes with consideration given to the factors set forth in Subsection Rule 62 40 410 F A C 17 40 401 2 f Will not interfere with presently existing legal uses g Is in accordance with the Water Resource Implementation Rule State Water Policy on water transport pursuant to Rule 62 40 422 F A C 17 40 402 h Makes use of a reclaimed water source unless the applicant in any geographic location demonstrates that its use is either not economically environmentally or technically feasible or in areas not designated as Critical Water Supply Problem Areas pursuant to Chapter 40E 23 F A C the applicant demonstrates reclaimed water is not readily available i Meets the established minimum flows and levels and implementation provisions in Chapter 373 F S this Chapter and Chapter 40E 8 F A C and j i Is consistent with Sections 373 016 373 036 Florida Statutes and otherwise is consistent with the public interest as prescribed by Chapter 373 and this Chapter 2 In order to satisfy the conditions for permit issuance in subsection 1 the permit applicant must provide reasonable assurances that the criteria in the Basis of Review for Water Use Permit Applications within the South Florida Water Management District September 2001 October 1997 incorporated by reference in Subsection Rule 40E 2 091 1 are met Specific Authority 373 044 373 113 373 171 FS Law Implemented 373 023 373 042 373 0421 373 185 373 219 373 223 373 226 373 236 FS History New 9 3 81 Formerly 16K 2 035 2 Amended 2 24 85 1 4 93 4 20 94 7 11 96 4 9 97 12 10 97 9 10 01 40E 2 381 Limiting Conditions The Board shall

    Original URL path: http://www.swfwc.org/Documents/MFLfinal4.htm (2016-05-02)
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  • DRAFT
    water between the Lake and the outlet so we could not do 54 days of full releases but rather would release more gradually Therefore with operational flexibility we can manage in the manner described above and get rid of this water without problems by arranging these 54 days worth of flow in an appropriate matter Conclusion In a normal year we can manage the lake fine But Florida is a land of extremes Overhead 20 Wettest years Annual Changes in Lake Okeechobee s Water Level the average annual inflow 10 feet the average annual evaporation 5 feet this year s outflow 5 feet Over the past 31 years the average uses of the outflow have been agriculture 1 5 foot urban and LEC water supply 0 6 inches estuaries other 3 5 foot or more In one fifth of the years from Trimble s 66year data set the Lake received more than 10 feet of inflow If we assume the same evaporation ag urban LEC use we need to get 3 5 feet of water down the estuaries instead of the one foot in normal years If it takes 54 days to get rid of 1 foot of water it will take 188 days to get rid of 3 5 feet In these years so much other water would be flowing through these canals we can not find 188 open days to release this water and estuary harm occurs for example in the Indian River Lagoon area their estuary flows now are about 140 of natural because of drainage so in wet years they harm their estuary before any Okeechobee water is released i e there are not any days to release Okeechobee water let alone 188 days SO in at least one in five years we get damage to the Lake or estuaries or both no matter how much operational flexibility we use We just don t have anywhere else to put that water We can see this same effect in predictions from the CORP s Water Supply and Environment WSE Lake level management plan overhead WSE predicted events over a 31 year period the Caloosahatchee River will have damaging releases 2800 cfs 27 times the St Lucie River will have 31 damaging releases 1600 cfs Lake Okeechobee will have prolonged deep water events 4 times The data for this table taken from Lake O Regulation Schedule Study presentation to SFWMD Governing Board April 15 1998 This is NOT the fault of WSE any operation schedule would have similar problems because we just don t have anywhere to put extra water during wet events What about DRY years Overhead 20 Driest years Annual Changes in Lake Okeechobee s Water Level the average annual inflow 3 4 feet the average annual evaporation 5 feet this year s outflow none deficit Over the past 31 years the average uses of the outflow have been agriculture 1 5 foot urban and LEC water supply 0 6 inches estuaries other minus 3 2

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  • Articles of Incorporation
    standing and ad hoc advisory groups or committees on any issues to delegate to officers and members the power to incur obligations withdraw funds and make payments on behalf of the Watershed Council to designate a bank in which Watershed Council funds will be deposited to apply for receive and expend funds to designate a fiscal agent to handle funds and administer grants to appoint and fix salaries of employees of the Watershed Council to form or assist in forming committees or seek advice from committees including those representing sub watersheds within the Caloosahatchee and Big Cypress Watersheds to adopt and carry into effect such measures as are deemed proper and expedient to promote the objectives of the Watershed Council to make contracts and agreements and to exercise whatever degree of management and control it deems is required to assure the success of contracts and projects notwithstanding any other provisions herein to carry out any activities and exercise all authority not prohibited by these Articles or applicable law ARTICLE IV MEMBERSHIP Section 1 Membership in the Watershed Council will be open to all interested parties including individuals organizations businesses and governmental agencies etc subject to the membership classifications and qualifications as set forth in the Bylaws Section 2 The Watershed Council Board of Directors shall initially include five members The number of Directors may be changed from time to time pursuant to the Bylaws but shall never be less than three Section 3 Members of the Board of Directors shall be elected and hold office in accordance with the Bylaws ARTICLE V BYLAWS Section 1 The Board of Directors shall initially adopt Bylaws for the conduct of the business of the Watershed Council ARTICLE VI AMENDMENTS TO ARTICLES These Articles of Incorporation may be amended as provided by law No amendments are permitted which would cause any loss of the corporation s status under section 501 c 3 of the Code ARTICLE VII NO PRIVATE INUREMENTS RESTRICTIONS ON ACTIVITIES Section 1 All members of the Watershed Council shall serve without compensation except for expenses incurred during the performance of their duties which may be reimbursed upon approval of the Board No part of the net earnings of the corporation shall inure to the benefit of any member or individual Section 2 Except as permitted by the election authorized under Section 501 h of the Code no substantial no substantial part of the activities of the Watershed Council shall be the carrying on of propaganda or otherwise attempting to influence legislation and the corporation shall not participate in or intervene in including the publishing or distribution of statements any political campaign on behalf of or in opposition to any candidate for public office Section 3 Notwithstanding any other provision of these Articles the Watershed Council shall not carry on any other activities not permitted to be carried on a by an organization exempt from Federal income tax under the Code or b by an organization s contributions which are deductible under

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