reglab/statecodes huggingface dataset:
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-20 - GENERAL WATER USE PERMITS › Section 40E-20.341 - Revocation of General Water Use Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 120.60(6),
					 373.103(4),
					 373.219,
					 373.229
					 FS.
New 9-3-81, Formerly 16K-2.031(5), 16K-2.032(5), Amended
					 4-20-94, 7-2-98, 8-14-02, Repealed by Section 3, Chapter 2012-31, Laws of
					 Florida, 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-20 - GENERAL WATER USE PERMITS › Section 40E-20.351 - Transfer of General Water Use Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.223,
					 373.229,
					 373.239
					 FS.
New 12-1-82, Amended 4-20-94, 8-14-02, Repealed
					 7-14-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-20 - GENERAL WATER USE PERMITS › Section 40E-20.381 - Limiting Conditions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118 FS. Law Implemented
					 373.042,
					 373.0421,
					 373.103(4),
					 373.118,
					 373.219,
					 373.223
					 FS.
New 9-3-81, Formerly 16K-2.031(2), 16K-2.032(2), Amended
					 2-24-85, 7-26-87, 4-20-94, 7-11-96, 4-9-97, 12-10-97, 11-4-01, 8-14-02,
					 4-23-07, 2-13-08, Repealed 7-14-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-20 - GENERAL WATER USE PERMITS › Section 40E-20.391 - Publication (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118 FS. Law Implemented
					 373.042,
					 373.0421,
					 373.103(4),
					 373.118,
					 373.219,
					 373.223
					 FS.
New 8-14-02, Repealed by Section 3, Chapter 2012-31, Laws
					 of Florida, 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-21 - WATER SHORTAGE PLAN › Part I - GENERAL › Section 40E-21.011 - Policy and Purpose

Current through Reg. 50, No. 138; July 16, 2024
(1) The rules in
				  this chapter comprise the District's water shortage plan required under Section
				   373.246(1),
				  F.S. The purposes of the plan are to protect the water resources of the
				  District from harm; to assure equitable distribution of available water
				  resources among all water users during times of shortage, consistent with the
				  goals of minimizing adverse economic, social and health related impacts; to
				  provide advance knowledge of the means by which water apportionments and
				  reductions will be made during times of shortage, and to promote greater
				  security for water use permittees.
(2) These rules apply to all water users
				  including those exempt from permitting pursuant to Rule
				   40E-2.051, F.A.C. However, these
				  rules shall not apply to users whose source of water is limited solely to
				  treated effluent or seawater. Thus, for each regulated source and type of use
				  it is the policy of the District to restrict water users uniformly, regardless
				  of whether the user uses water from a public or private utility system,
				  pursuant to a consumptive use permit issued under Chapter 40E-2, F.A.C., or
				  from a private well for domestic or individual home use.
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.175,
						373.246
						FS.
New 5-31-82.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-21 - WATER SHORTAGE PLAN › Part I - GENERAL › Section 40E-21.031 - Elements of the Plan (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.175,
						373.246
						FS.
New 5-31-82, Repealed by Section 3, Chapter 2012-31, Laws
						of Florida, 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-21 - WATER SHORTAGE PLAN › Part I - GENERAL › Section 40E-21.132 - Water Use Restrictions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.119,
						373.175,
						373.246
						FS.
New 9-3-81, Amended 7-4-82, Formerly 16K-30.09, Repealed
						by Section 3, Chapter 2012-31, Laws of Florida,
						5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-21 - WATER SHORTAGE PLAN › Part II - DECLARING AND IMPLEMENTING A WATER SHORTAGE › Section 40E-21.221 - Evaluating Water Conditions

Current through Reg. 50, No. 138; July 16, 2024
(1) This
				  rule sets forth the steps the District will take to periodically evaluate water
				  conditions within the District in order to determine whether a water shortage
				  should be declared.
(2) The
				  District shall monitor the condition of the water resources in the District as
				  provided in Rule  40E-21.401, F.A.C.
(3) Current data shall be compared to
				  historical data to determine whether estimated present and anticipated
				  available water supply within any source class will be insufficient to meet the
				  estimated present and anticipated demands of the users from the source class,
				  or whether serious harm to the water resources can be expected. It shall be the
				  policy of the District to seek the cooperation and assistance of state, county
				  and municipal government officials in developing the historic and technical
				  data used to periodically evaluate water conditions.
(a) Present and anticipated available water
				  supply shall be periodically estimated for each source class. Factors
				  considered in estimating present and anticipated available supply within a
				  source class may include:
1. Historic, current
				  and anticipated levels in surface and ground waters, including potentiometric
				  heads in confined and semiconfined aquifers,
2. Historic, current and anticipated flows in
				  surface waters,
3. The extent to
				  which water may be transferred from one source class to another,
4. The extent to which present water use
				  restrictions may enhance future supplies, or postpone more stringent
				  restrictions,
5. Historic, current
				  and anticipated demand of natural systems, including losses due to
				  evapotranspiration and seepage,
6.
				  Historic, current and anticipated seasonal fluctuation in rainfall,
				  and
7. Other water resources
				  factors affecting present and anticipated available water
				  supply.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-21 - WATER SHORTAGE PLAN › Part II - DECLARING AND IMPLEMENTING A WATER SHORTAGE › Section 40E-21.231 - Declaring a Water Shortage

Current through Reg. 50, No. 138; July 16, 2024
(1) If in the
				  opinion of the District there is a possibility that insufficient water will be
				  available within a source class to meet the estimated present and anticipated
				  user demands from that source, or to protect the water resource from serious
				  harm, as determined by evaluating the factors in Rule
				   40E-21.221, F.A.C., the Board
				  may declare a water shortage for the affected source class. When the affected
				  source extends beyond the District's boundaries, the District shall coordinate
				  water shortage declarations with the appropriate water management districts to
				  the extent practicable.
(2) A water
				  shortage may also be declared for those source classes not presently
				  experiencing a water shortage if usage from such sources can reasonably be
				  expected to impact the present and anticipated available water supply in those
				  source classes identified in subsection (1).
(3) Prior to declaring a water shortage for a
				  source class, the Board or the Executive Director may issue a water shortage
				  warning calling for voluntary reductions in demand within that
				  source.
(4) If a water shortage is
				  declared for a source class, the District shall estimate the percent reduction
				  in overall demand required to reduce demand to available water supply. The
				  restricted area may include for enforcement purposes, all or part of a county,
				  municipality, surface water basin or utility service area which impacts a
				  source class for which a water shortage is declared.
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.042,
						373.0421,
						373.175,
						373.246
						FS.
New 5-31-82, Amended 1-26-86,
						9-10-01.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-21 - WATER SHORTAGE PLAN › Part II - DECLARING AND IMPLEMENTING A WATER SHORTAGE › Section 40E-21.251 - Water Shortage Phases

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule
				  establishes four phases of water shortage as a function of the estimated
				  percent reduction in overall demand required to reduce estimated present and
				  anticipated demand to estimated present and anticipated available water supply.
				  The water shortage phase determines the type of water use restrictions which
				  will be ordered in a declared water shortage.
(2) The following water shortage phases are
				  established:
Water Shortage Phase
Color Code
% reduction in overall demand
I. Moderate Water Shortage
Yellow
less than 15%
II. Severe Water Shortage
Orange
less than 30%
III. Extreme Water Shortage
Red
less than 45%
IV. Critical Water Shortage
Purple
less than 60%
(3)
				  Each source class for which a water shortage has been declared shall be
				  assigned a specific water shortage phase. More than one source class may be
				  combined into a single class for this purpose. The water shortage phase
				  selected for a source class is based upon:
(a)
				  The estimated percent reduction in overall demand as determined in subsection
				   40E-21.231(4),
				  F.A.C., and
(b) For areas with
				  multiple sources, the extent to which users have the capability to obtain water
				  from a source or sources other than the source class for which a water shortage
				  has been declared.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-21 - WATER SHORTAGE PLAN › Part II - DECLARING AND IMPLEMENTING A WATER SHORTAGE › Section 40E-21.271 - General Water Use Restrictions

Current through Reg. 50, No. 138; July 16, 2024
(1)
				  This rule specifies general water use restrictions for all users for each water
				  shortage phase. Specific restrictions by user class are presented in Part V of
				  this chapter. Users desiring detailed information about the specific
				  restrictions applying to their use should refer to Part V.
(2) The Board will order any combination of
				  the water use restrictions specified in the chapter for the appropriate water
				  shortage phase for each affected source class. The restricted area will include
				  for enforcement purposes, all or part of a county, municipality, surface water
				  basin or utility service area which impacts a source class for which a water
				  shortage is declared.
(3)
				  Additional restrictions to consider include:
(a) Provisions that recognize the right of
				  water users in an area to make voluntary agreements among themselves, with the
				  concurrence of the Board or the Executive Director, providing for the mutual
				  reduction, sharing, or rotation of use,
(b) Provisions for the distribution of water
				  to permittees in exchange for ceasing or reducing ground or surface water
				  withdrawals,
(c) Provisions for the
				  metering and reporting of all water used, diverted, impounded, extracted or
				  withdrawn,
(d) Provisions designed
				  to implement minimum flows and levels through water shortage rules in this
				  chapter, and Chapters 40E-8 and 40E-22, F.A.C.
(e) Provisions which recognize the extent to
				  which users can satisfy water demands from sources for which a water shortage
				  has not been declared,
(f)
				  Provisions for monitoring water levels and determining chloride concentrations
				  in order to protect against salt water intrusion or other deterioration of
				  water quality including the closing and plugging of wells,
(g) Restrictions on the total amount of water
				  that may be used, diverted, impounded, extracted, or withdrawn during any day,
				  month, or year,
(h) Restrictions on
				  the timing of use, diversion, impoundment, extraction, or withdrawal of
				  water,
(i) Restrictions on pumping
				  rates or diversion rates, or
(j)
				  Such other provisions or restrictions as are necessary to protect the water
				  resources from serious harm.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-21 - WATER SHORTAGE PLAN › Part II - DECLARING AND IMPLEMENTING A WATER SHORTAGE › Section 40E-21.275 - Variances

Current through Reg. 50, No. 138; July 16, 2024
(1) All users requesting relief from the
				  provisions of this rule chapter shall file an application for variance but must
				  conform to water use restrictions until the Executive Director grants a
				  temporary variance or the Board grants the variance.
(2) Criteria for Issuance - No application
				  for variance shall be granted unless the applicant provides reasonable
				  assurances that the variance will not otherwise be harmful to the water
				  resources of the District and affirmatively demonstrates that one or more of
				  the following circumstances exists:
(a) The
				  variance is essential to protect health or safety, or
(b) Compliance with the particular rule or
				  order from which a variance is sought will require measures which, because of
				  their extent or cost, cannot be accomplished within the anticipated duration of
				  the shortage, or
(c) Alternative
				  restrictions which achieve the same level of demand reduction as the
				  restrictions from which a variance is sought are available and are binding and
				  enforceable, or
(d) The applicant
				  is a public or private utility that demonstrates that special circumstances
				  exist which necessitate the issuance of a variance, or
(e) The applicant's source of water includes
				  an approved aquifer storage and recovery installation or a water reclamation
				  project.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-21 - WATER SHORTAGE PLAN › Part II - DECLARING AND IMPLEMENTING A WATER SHORTAGE › Section 40E-21.291 - Implementing a Water Shortage Declaration

Current through Reg. 50, No. 138; July 16, 2024
(1) When a water shortage is declared, or if
				  already declared if more severe restrictions are imposed, the District will
				  publish notice of the declaration or restrictions at least once in newspapers
				  of general circulation in the areas affected. In addition the District shall
				  make every effort to inform the general public of the restrictions in effect
				  and the sources of supply which are affected. Particular attention shall be
				  given to presenting this information in a form which is easily understood and
				  applied by the citizens of the affected areas.
(2) The District shall notify each affected
				  permittee within the affected source class of any change in the condition of
				  his permit, any suspension of his permit, or any other restriction on his use
				  of water. Notice shall be by regular mail.
(3) The District shall notify local elected
				  officials of any water shortage declaration. Notice shall be by the best
				  practicable means under the circumstances. In addition local law enforcement
				  officials shall be notified as soon as possible of any water shortage
				  declaration or change of restrictions affecting their areas of responsibility.
				  Any special materials necessary for enforcement of the order shall be furnished
				  to local law enforcement officials by the best practicable means under the
				  circumstances.
(4) A declaration of
				  water shortage and any provision or restriction adopted pursuant thereto under
				  the water shortage plan may be modified or rescinded by the Board.
(5) A declaration of water shortage and any
				  provision or restriction adopted pursuant thereto under the water shortage plan
				  may be modified or rescinded by the Executive Director if all of the following
				  circumstances are present:
(a) The Board
				  previously issued a declaration of water shortage which remains in
				  effect,
(b) The order rendering the
				  Board's declaration of water shortage specifically delegates to the Executive
				  Director the authority to modify or rescind the existing water shortage
				  restrictions, and
(c) The
				  District's monitoring of water conditions and plan implementation reasonably
				  demonstrates that a modification or rescission of the Board's declaration of
				  water shortage is warranted and necessary.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-21 - WATER SHORTAGE PLAN › Part III - EMERGENCY PROVISIONS › Section 40E-21.331 - Declaring a Water Shortage Emergency

Current through Reg. 50, No. 138; July 16, 2024
(1)
				  This rule sets forth the steps the District will take to evaluate water
				  conditions within the District in order to determine whether a water shortage
				  emergency exists. A water shortage emergency can occur under two situations;
				  first when specific users rather than classes of users must be restricted, and
				  second when the emergency occurs so abruptly that immediate action is needed to
				  restrict classes of users.
(2) The
				  District shall monitor the condition of the water resources of the District and
				  the needs of the users as provided in Rule
				   40E-21.401, F.A.C.
(3) Current data shall be evaluated to
				  determine whether any user's or classes of users' estimated present and
				  anticipated available water supply will be insufficient to protect the public
				  health, safety or welfare, or the health of animals, fish or aquatic life, a
				  public water supply, or commercial, industrial, agricultural, recreational, or
				  other reasonable-beneficial use.
(a) The
				  present and anticipated water supply available to the user or classes of users
				  shall be estimated. Factors that may be considered include:
1. Those factors listed in paragraph
				   40E-21.221(3)(a),
				  F.A.C.,
2. The ability of the user
				  or classes of users to obtain water from other users,
3. The ability of the user or classes of
				  users to obtain water from another source class, and
4. Other factors affecting the present and
				  anticipated available water supply of a user or classes of
				  users.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-21 - WATER SHORTAGE PLAN › Part III - EMERGENCY PROVISIONS › Section 40E-21.371 - Water Use Restrictions in a Water Shortage Emergency

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule specifies water use
				  restrictions for a user subject to an order declaring a water shortage
				  emergency. More than one user may be included in a single order for purposes of
				  establishing water use restrictions pursuant to this rule.
(2) The Executive Director, with the advice
				  and concurrence of the Board, may order water use restrictions for any user
				  experiencing a water shortage emergency, consistent with any water shortage
				  restriction specified in Part V, regardless of the water shortage phase
				  applicable to the remaining users within the source class. Further, the
				  Executive Director, with the advice and concurrence of the Board, may order any
				  additional combination of restrictions necessary to achieve the percent
				  reduction in user demand.
(3)
				  Additional restrictions which may be considered include those listed in
				  subsection  40E-21.271(3),
				  F.A.C.
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.119,
						373.175,
						373.246
						FS.
New 5-31-82.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-21 - WATER SHORTAGE PLAN › Part III - EMERGENCY PROVISIONS › Section 40E-21.391 - Implementing a Water Shortage Emergency Declaration

Current through Reg. 50, No. 138; July 16, 2024
(1) When a water shortage emergency is
				  declared, or if already declared if more severe restrictions are imposed, the
				  District will publish notice of the declaration or restrictions at least once
				  in newspapers of general circulation in the areas affected. In addition the
				  District shall make every effort to inform the general public of the
				  restrictions in effect and the sources of supply which are affected. Particular
				  attention shall be given to presenting this information in a form which is
				  easily understood and applied by the citizens of the affected areas.
(2) The Executive Director shall notify each
				  affected user of any change in the condition of his use, any suspension of his
				  use, or any other restriction on his use by any means reasonable under the
				  circumstances. When the Board concurs in and ratifies the Executive Director's
				  action, affected permittees shall be notified as provided in subsection
				   40E-21.291(2),
				  F.A.C.
(3) The District shall
				  notify local elected officials of any water shortage emergency declaration.
				  Notice shall be by the best practicable means under the circumstances. In
				  additional local law enforcement officials shall be notified as soon as
				  possible of any water shortage emergency declaration or change of restrictions
				  affecting their areas of responsibility. Any special materials necessary for
				  enforcement of the order shall be furnished to local law enforcement officials
				  by the best practicable means under the circumstances.
(4) The declaration of a water shortage
				  emergency and any measures adopted pursuant thereto may be modified or
				  rescinded by the Executive Director with the advice and concurrence of the
				  Board or by order of the Board.
(5)
				  An order declaring a water shortage emergency and any measures adopted pursuant
				  thereto shall become effective upon issuance, unless otherwise specified in the
				  order. An order declaring a water shortage emergency and any measures adopted
				  pursuant thereto shall remain in effect until modified or rescinded pursuant to
				  subsection (4).
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.119,
						373.175,
						373.246
						FS.
New 5-31-82.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-21 - WATER SHORTAGE PLAN › Part IV - MONITORING AND ENFORCEMENT › Section 40E-21.401 - Monitoring

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule generally describes the data
				  collection and analysis the District may undertake in anticipation of and
				  during a declared water shortage or water shortage emergency. Monitoring data
				  may be used to determine:
(a) Whether a water
				  shortage or water shortage emergency should be declared,
(b) Whether the restrictions in effect are
				  sufficient to protect the water resources and users within the affected area,
				  in light of existing and anticipated climatological conditions, and
(c) Whether the restrictions in effect are
				  being adequately enforced.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-21 - WATER SHORTAGE PLAN › Part IV - MONITORING AND ENFORCEMENT › Section 40E-21.421 - Enforcement

Current through Reg. 50, No. 138; July 16, 2024
(1) It shall be the policy of the District to
				  seek the cooperation and assistance of state, county and municipal governmental
				  officials, law enforcement officials, and police officers in the enforcement of
				  the water shortage plan or any water shortage order issued pursuant thereto.
Counties and municipalities throughout the jurisdiction of
					 the District are authorized and encouraged to adopt ordinances which provide
					 for local enforcement of the provisions of this chapter, or any order adopted
					 pursuant thereto. It shall be the policy of the District to encourage local law
					 enforcement officials to provide violators of the water use restrictions with
					 no more than one written warning during the initial phases of a water shortage
					 or water shortage emergency.
(2) In enforcing the provisions of any water
				  shortage order issued pursuant to this chapter, the District may utilize any of
				  the enforcement remedies available pursuant to Chapter 120 or 373, F.S., or
				  Chapter 40E, F.A.C.
(3) Enforcement
				  action may be initiated by the Executive Director or his designee pursuant to
				  Section  373.603, F.S., against an
				  individual violator or class of violators or all of the violators of a
				  particular water shortage rule or order.
(4) The Executive Director or his designee
				  may assign District personnel for the purpose of initiating enforcement action
				  pursuant to Section  373.603, F.S., for the violation
				  of any water shortage rule or order.
(5) In the event that a water shortage or
				  water shortage emergency has been declared by the Board and the provisions of
				  this chapter have been invoked, the Executive Director or his designee may
				  thereafter take appropriate emergency action pursuant to Sections
				   373.119,
				   373.175(4),
				   373.246(7)  and
				   120.69, F.S., and Rule
				   40E-1.611, F.A.C., to enforce
				  the provisions of this chapter or any order issued pursuant thereto, or
				  alleviate any emergency conditions which might thereafter occur. Such action
				  shall be subject to subsequent ratification by the Board at its next regular
				  meeting.
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.119,
						373.175,
						373.246,
						373.603,
						373.609
						FS.
New 5-31-82, Amended
						9-12-18.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-21 - WATER SHORTAGE PLAN › Part V - SPECIFIC RESTRICTIONS › Section 40E-21.501 - Specific Restrictions

Current through Reg. 50, No. 138; July 16, 2024
(1) Upon
				  declaration of a water shortage or water shortage emergency it shall be
				  prohibited to use water in a manner inconsistent with the restrictions
				  specified in this part and Part II. It shall be the duty of each water user to
				  stay informed as to the phase of water shortage and the applicable restrictions
				  for that phase. Violation of the restrictions specified in this part and Part
				  II shall be subject to enforcement action pursuant to Rule
				   40E-21.421, F.A.C.
(2) In addition to the restrictions specified
				  in this part and Part II, wasteful and unnecessary water use is prohibited
				  regardless of the phase of water shortage. Such wasteful and unnecessary water
				  use shall include, but not be limited to:
(a)
				  Allowing water to be dispersed without any practical purpose to the water user,
				  regardless of the type of water use.
(b) Allowing water to be dispersed in a
				  grossly inefficient manner, regardless of the type of water use.
(c) Allowing water to be dispersed to
				  accomplish a purpose for which water use is unnecessary or which can be readily
				  accomplished through alternative methods without water use.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-21 - WATER SHORTAGE PLAN › Part V - SPECIFIC RESTRICTIONS › Section 40E-21.521 - Phase I Moderate Water Shortage

Current through Reg. 50, No. 138; July 16, 2024
The following restrictions shall apply when a Phase I water
					 shortage is declared by the District.
(1) Essential/Domestic/Utility/Commercial.
(a) Essential Use:
1. The use of water for firefighting, safety,
				  sanitation, health and medical purposes and other essential uses shall not be
				  restricted.
2. Fire hydrant
				  flushing shall be undertaken only on an emergency basis.
3. Sanitary sewer line flushing and testing
				  shall not be restricted except on a voluntary basis.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-21 - WATER SHORTAGE PLAN › Part V - SPECIFIC RESTRICTIONS › Section 40E-21.531 - Phase II Severe Water Shortage

Current through Reg. 50, No. 138; July 16, 2024
The following restrictions shall apply when a Phase II
					 water shortage is declared by the District.
(1) Essential/Domestic/Utility/Commercial.
(a) Essential Use.
1. The use of water for firefighting, safety,
				  sanitation, health and medical purposes and other essential uses shall not be
				  restricted.
2. Fire hydrant
				  flushing shall be undertaken only on an emergency basis.
3. Sanitary sewer line flushing and testing
				  shall not be restricted except on a voluntary basis.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-21 - WATER SHORTAGE PLAN › Part V - SPECIFIC RESTRICTIONS › Section 40E-21.541 - Phase III Extreme Water Shortage

Current through Reg. 50, No. 138; July 16, 2024
The following restrictions shall apply when a Phase III
					 shortage is declared by the District.
(1) Essential/Domestic/Utility/Commercial.
(a) Essential Use.
1. The use of water for firefighting, safety,
				  sanitation, health and medical purposes and other essential uses shall not be
				  restricted.
2. Fire hydrant
				  flushing shall be undertaken only on an emergency basis.
3. Sanitary sewer line flushing and testing
				  shall not be restricted except on a voluntary basis.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-21 - WATER SHORTAGE PLAN › Part V - SPECIFIC RESTRICTIONS › Section 40E-21.551 - Phase IV Critical Water Shortage

Current through Reg. 50, No. 138; July 16, 2024
The following restrictions shall apply when a Phase IV
					 shortage is declared by the District.
(1) Essential/Domestic/Utility/Commercial.
(a) Essential Use.
1. The use of water for firefighting, safety,
				  sanitation, health and medical purposes and other essential uses shall not be
				  restricted.
2. Fire hydrant
				  flushing shall be undertaken only on an emergency basis.
3. Sanitary sewer line flushing and testing
				  shall be undertaken only on an emergency basis.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-21 - WATER SHORTAGE PLAN › Part VI - THE CLASSIFICATION SYSTEM › Section 40E-21.611 - Classification System (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.175,
						373.246
						FS.
New 5-31-82, Repealed by Section 3, Chapter 2012-31, Laws
						of Florida, 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-21 - WATER SHORTAGE PLAN › Part VI - THE CLASSIFICATION SYSTEM › Section 40E-21.631 - Source Classes

Current through Reg. 50, No. 138; July 16, 2024
Source classes are generally divided into surface water use
					 basins and groundwater sources. A water user may be assigned any combination of
					 both surface water use basin and groundwater source classes.
(1) Surface Water Use Basins. Surface waters
				  are classified by surface water use basin. Descriptions of the boundaries of
				  the surface water use basins are found in Rule
				   40E-21.691, F.A.C. The surface
				  water use basins are grouped by region as follows (see Figure 21-1):
(a) Water Conservation Area/Everglades
				  National Park (see Figure 21-2).
1. The
				  surface water use basins in this area are directly supplied with surface water
				  from the Water Conservation Areas and Everglades National Park. The following
				  surface water use basins are included in the area:
2. Water Conservation Areas/Everglades
				  National Park Water Use Basin.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-21 - WATER SHORTAGE PLAN › Part VI - THE CLASSIFICATION SYSTEM › Section 40E-21.651 - Use Classes

Current through Reg. 50, No. 138; July 16, 2024
Use classes are generally grouped by related uses. The four
					 major groupings are: Essential/Domestic/Utility/Commercial, Agriculture,
					 Nursery/Urban Irrigation/Recreation and Miscellaneous. Neither the order of
					 listing of the major groupings nor the order of listing within each major
					 grouping is intended to establish relative priorities of water use. A user may
					 be assigned one or more use class regardless of the groupings in this
					 rule.
Each water user shall be given one or more of the following
					 use classes:
(1)
				  Essential/Domestic/Utility/Commercial.
(a)
				  "Essential use" means use of water strictly for fire fighting, safety,
				  sanitation, health and medical purposes and the use of water to satisfy
				  federal, state or local public health and safety requirements.
(b) "Domestic type use" means any use of
				  water for personal needs or for household purposes such as drinking, bathing,
				  heating, cooking, sanitation or cleaning, whether the use occurs in a residence
				  or in a commercial or industrial establishment.
(c) "Water utility use" means water used for
				  withdrawal, treatment, transmission and distribution by potable water
				  systems.
(d) "Power production use"
				  means the use of water for steam generation and the use of water for cooling
				  and for replenishment of cooling reservoirs.
(e) "Commercial and industrial process use"
				  means the use of water integral to the production of the primary goods or
				  services provided by a business establishment.
(f) "Diversion and impoundment into
				  non-District facilities" means the diversion or extraction of water into
				  non-District impoundments and delivery systems designed for purposes of,
				  including but not limited to, maintaining control elevations in order to
				  provide for groundwater recharge, and to provide water for
				  reasonable-beneficial uses.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-21 - WATER SHORTAGE PLAN › Part VI - THE CLASSIFICATION SYSTEM › Section 40E-21.671 - Method of Withdrawal Classes

Current through Reg. 50, No. 138; July 16, 2024
Each water user may be identified by one or more of the
					 following method of withdrawal classes:
(1) Surface waters:
(a) Pump.
(b) Gravity flow.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-22 - REGIONAL WATER SHORTAGE PLANS › Part I - LAKE ISTOKPOGA - INDIAN PRAIRIE AREA › Section 40E-22.011 - Policy and Purpose

Current through Reg. 50, No. 138; July 16, 2024
This part establishes minimum water levels for Lake
					 Istokpoga and the canals within the Indian Prairie Basin, minimum flows for the
					 canals within the Indian Prairie Basin and Arbuckle Creek and Josephine Creek
					 and a permit classification system and water shortage plan for the Lake
					 Istokpoga-Indian Prairie Area. The rules in this part apply to water
					 withdrawals from Lake Istokpoga and the Indian Prairie Basin.
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.042,
						373.086,
						373.103(4),
						373.175,
						373.246
						FS.
New 9-3-81, Formerly 16K-30.01,
						 40E-21.011.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-22 - REGIONAL WATER SHORTAGE PLANS › Part I - LAKE ISTOKPOGA - INDIAN PRAIRIE AREA › Section 40E-22.072 - Minimum Levels

Current through Reg. 50, No. 138; July 16, 2024
The following minimum levels shall be maintained.
(1) Lake Istokpoga.
(a) The minimum levels for Lake Istokpoga are
				  shown in Figure 22-2.
Click here to view
					 image
(b) The
				  District may, after public notice, allow the minimum levels in Figure 22-2 to
				  be temporarily lowered for environmental or water quality reasons.
(2) Primary Canals
(feet above mean sea level)
(a) Canal 39-A above Structure 75
22.5
(b) Canal 40 above Structure 72
17.7
(c) Canal 41 above Structure 71
17.0
(d) Canal 41 above Structure 70
22.5
(e) Canal 41-A above Structure 84
21.7
(f) Canal 41-A above Structures 82 and 83
29.0
(g) Borrow Canal of Interceptor Levee 59
17.7
(h) Borrow Canal of Interceptor Levee 60
17.7
(i) Borrow Canal of Interceptor Levee 61
17.0
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-22 - REGIONAL WATER SHORTAGE PLANS › Part I - LAKE ISTOKPOGA - INDIAN PRAIRIE AREA › Section 40E-22.082 - Minimum Flows (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.042,
						373.086,
						373.103(4)
						FS.
New 9-3-81, Formerly 16K-30.04, 16K-30.06, 40E-21.082,
						Repealed by Section 3, Chapter 2012-31, Laws of Florida,
						5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-22 - REGIONAL WATER SHORTAGE PLANS › Part I - LAKE ISTOKPOGA - INDIAN PRAIRIE AREA › Section 40E-22.112 - Permit Classification (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.246
						FS.
New 9-3-81, Formerly 16K-30.07, 40E-21.112, Repealed by
						Section 3, Chapter 2012-31, Laws of Florida,
						5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-22 - REGIONAL WATER SHORTAGE PLANS › Part I - LAKE ISTOKPOGA - INDIAN PRAIRIE AREA › Section 40E-22.122 - Termination of Withdrawals

Current through Reg. 50, No. 138; July 16, 2024
Upon notice from the District, water withdrawals under
					 permits having source classification "S' shall be terminated when any of the
					 minimum levels specified in Rule
					  40E-22.072, F.A.C., is
					 reached.
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.086,
						373.103(4),
						373.246
						FS.
New 9-3-81, Formerly 16K-30.08,
						40E-21.122.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-22 - REGIONAL WATER SHORTAGE PLANS › Part I - LAKE ISTOKPOGA - INDIAN PRAIRIE AREA › Section 40E-22.132 - Water Shortage Plan (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.246
						FS.
New 9-3-81, Formerly 16K-30.09,
						 40E-21.132, Repealed by Section
						3, Chapter 2012-31, Laws of Florida,
						5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-22 - REGIONAL WATER SHORTAGE PLANS › Part II - LUCIE COUNTY AGRICULTURAL AREA › Section 40E-22.212 - Policy and Purpose

Current through Reg. 50, No. 138; July 16, 2024
This part establishes minimum flows and levels for Canals
					 23, 24 and 25 and a permit classification system for the St. Lucie County
					 Agricultural Area. The rules in this part apply to water withdrawals within the
					 St. Lucie County Agricultural Area and water withdrawals from Canal 25 below
					 Structure 99.
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.042,
						373.086,
						373.103(4),
						373.175,
						373.246
						FS.
New 9-3-81, Formerly 16K-31.01,
						40E-21.212.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-22 - REGIONAL WATER SHORTAGE PLANS › Part II - LUCIE COUNTY AGRICULTURAL AREA › Section 40E-22.232 - Minimum Levels

Current through Reg. 50, No. 138; July 16, 2024
The following minimum levels shall be maintained:
CANAL
LEVEL (feet above mean sea level)
(1) Canal 23 above Structure 97
14.0
(2) Canal 23 between Structure 48 and Structure
								97
4.0
(3) Canal 24 above Structure 49
14.0
(4) Canal 25 above Structure 99
14.0
(5) Canal 25 between Structure 50 and Structure
								99
8.0
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.042,
						373.086,
						373.103(4)
						FS.
New 9-3-81, Formerly 16K-31.04,
						40E-21.232.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-22 - REGIONAL WATER SHORTAGE PLANS › Part II - LUCIE COUNTY AGRICULTURAL AREA › Section 40E-22.242 - Minimum Flows (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.042,
						373.086,
						373.103(4)
						FS.
New 9-3-81, Formerly 16K-31.03, 40E-21.242, Repealed by
						Section 3, Chapter 2012-31, Laws of Florida,
						5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-22 - REGIONAL WATER SHORTAGE PLANS › Part II - LUCIE COUNTY AGRICULTURAL AREA › Section 40E-22.252 - Permit Classification (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.246
						FS.
New 9-3-81, Formerly 16K-31.05, 40E-21.252, Repealed by
						Section 3, Chapter 2012-31, Laws of Florida,
						5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-22 - REGIONAL WATER SHORTAGE PLANS › Part II - LUCIE COUNTY AGRICULTURAL AREA › Section 40E-22.262 - Termination of Withdrawals

Current through Reg. 50, No. 138; July 16, 2024
(1) Upon notice
				  from the District, water withdrawals under permits having source classification
				  "S" shall be terminated under the following conditions:
(a) For water withdrawals directly from
				  either Canal 23, 24 or 25: when level in the primary canal from which water is
				  being withdrawn reaches the minimum level set forth in Rule
				   40E-22.242, F.A.C.
(b) For water withdrawals made from canals or
				  ditches connecting with either Canal 23, 24 or 25: when the level in the
				  connecting canal from which water is being withdrawn reaches an elevation of
				  14.0 feet mean sea level.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-22 - REGIONAL WATER SHORTAGE PLANS › Part II - LUCIE COUNTY AGRICULTURAL AREA › Section 40E-22.272 - Water Use Restrictions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.086,
						373.103(4),
						373.246
						FS.
New 9-3-81, Formerly 16K-31.07, 40E-21.272, Repealed by
						Section 3, Chapter 2012-31, Laws of Florida,
						5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-22 - REGIONAL WATER SHORTAGE PLANS › Part III - LAKE OKEECHOBEE REGION › Section 40E-22.312 - Policy and Purpose

Current through Reg. 50, No. 138; July 16, 2024
This section identifies water levels within Lake Okeechobee
					 that will be considered by the Governing Board in declaring a water shortage
					 pursuant to Rule  40E-21.231, F.A.C. The rules in
					 this section apply to the withdrawal of surface water from the Lake Okeechobee
					 Region as depicted on Figure 21-4 and described in subsection
					  40E-21.691(3),
					 F.A.C., and the Brighton Reservation in accordance with the terms of the Water
					 Rights Compact Among the Seminole Tribe of Florida, the state of Florida, and
					 the South Florida Water Management District ("Seminole
					 Compact").
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.042,
						373.0421,
						373.086,
						373.103(4),
						373.175,
						373.246
						FS.
New 9-10-01.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-22 - REGIONAL WATER SHORTAGE PLANS › Part III - LAKE OKEECHOBEE REGION › Section 40E-22.322 - Geographic Application

Current through Reg. 50, No. 138; July 16, 2024
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.
Rulemaking Authority
						373.044,
						373.113 FS. Law Implemented
						373.042,
						373.0421,
						373.086,
						373.103(4),
						373.175,
						373.246
						FS.
New 9-10-01.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-22 - REGIONAL WATER SHORTAGE PLANS › Part III - LAKE OKEECHOBEE REGION › Section 40E-22.332 - Water Shortage Triggers

Current through Reg. 50, No. 138; July 16, 2024
(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, a Phase II water shortage may be
				  declared within the service area pursuant to Rule
				   40E-21.531, F.A.C.
(c) When water levels within Lake Okeechobee
				  fall below, or can be expected to fall below the June 1st lake stage of 10.5
				  feet NGVD, a Phase III or greater water shortage may be declared within the
				  service area pursuant to Rule
				   40E-21.541, F.A.C.
Click here to view
					 image
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-23 - CRITICAL WATER SUPPLY PROBLEM AREAS › Section 40E-23.011 - Policy and Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.016, 373.023, 373.103(1), 373.216-.249,
					  403.064(1) 
					 FS.
New 11-17-91, Repealed by Section 3, Chapter 2012-31, Laws
					 of Florida, 5-27-12.