Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-21 - WATER SHORTAGE PLAN › Section 40D-21.231 - Declaring a Water Shortage

Current through Reg. 50, No. 138; July 16, 2024
(1) The Board
				will declare Water Shortages and issue water use restrictions and other
				required actions as set forth in this chapter. The geographic area covered by a
				Water Shortage declaration will include all or part of the ground or surface
				water basin(s) within which the affected source of water lies, as well as areas
				that are supplied water from the affected source. The Board will simplify the
				boundaries of the area subject to a Water Shortage declaration by using a major
				road or local government boundary so long as it is significantly consistent
				with the actual affected area.
(2)
				In considering whether to declare a Water Shortage, the Board shall consider
				the effect of any local responses to local water supply concerns, including:
				implementation of local water shortage management actions, use of any
				applicable system-to-system interconnection and the actions of any applicable
				Water Supply Authority.
(3) The
				Board will declare a Water Shortage for a source or Source Class not presently
				experiencing a Water Shortage if usage from such a source or Source Class can
				be reasonably expected to impact the present and anticipated available water
				supply from the source or Source Class currently experiencing a
				shortage.
(4) The Board will
				declare a Water Shortage for geographic areas not presently experiencing a
				Water Shortage if usage in such areas can be reasonably expected to impact the
				present and anticipated available water supply for an affected area. For
				example, a Water Shortage may be declared for an otherwise unaffected area that
				contains the alternative supply or emergency supplementation source for an
				affected area.
(5) When considering
				whether to declare a Water Shortage which would encompass a specific geographic
				area that includes less than all of a local government's jurisdiction, because
				it is only partially within the District's boundaries, the District will
				coordinate Water Shortage declarations with the applicable water management
				district so that, where practical, only one set of Lawn and Landscape
				irrigation restrictions in will be in effect within the boundaries of that
				local government.
(6) When
				considering whether to declare a Water Shortage which would be limited to
				either a specific geographic area or a specific water source such that local
				governments within a particular county or Water Supply Authority would be
				affected differently by the declaration, the District will consult with the
				applicable local governments and Water Supply Authority to the extent
				practical. The purpose of this consultation is to help determine whether to
				simplify, reduce or broaden the Water Shortage declaration boundaries in
				accordance with subsections
				 40D-21.231(1) 
				-(4), F.A.C.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.175,
					 373.246
					 FS.
New 11-19-84, Amended 7-2-86, 4-9-06, 1-8-08,
					 7-5-12.