Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-21 - WATER SHORTAGE PLAN › Part I - GENERAL › Section 40E-21.051 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
The terms set forth herein shall have the meanings ascribed
					 to them, unless the context clearly indicates otherwise, and such meanings
					 shall apply throughout the rules contained in this chapter. The definitions set
					 forth in Rule  40E-8.021, F.A.C., shall be
					 incorporated by reference into this rule.
(1) "Water shortage" means that situation
				  within all or part of the District when insufficient water is available to meet
				  the present and anticipated needs of the users, or when conditions are such as
				  to require temporary reduction in total use within a particular area to protect
				  water resources from serious harm. A water shortage usually occurs due to
				  drought.
(2) "Water shortage
				  emergency" means that situation when the powers which can be exercised under
				  Chapter 40E-21, Part II, F.A.C., are not sufficient to protect the public
				  health, safety, or welfare, or the health of animals, fish or aquatic life, or
				  a public water supply, or commercial, industrial, agricultural, recreational or
				  other reasonable uses.
(3) "User"
				  means any person, natural or artificial, individual, firm, association,
				  organization, partnership, business trust, corporation, company, agent,
				  employee or other legal entity, the United States of America, and the State and
				  all political subdivisions, regions, districts, municipalities, and public
				  agencies thereof, which directly or indirectly takes water from the water
				  resource, including but not limited to uses from private or public utility
				  systems, uses under consumptive use permits issued pursuant to Chapter 40E-2,
				  F.A.C., or uses from individual wells or pumps for domestic or individual home
				  use. The term does not include persons who use treated effluent or
				  seawater.
(4) "Water resource"
				  means any and all water on or beneath the surface of the ground, including
				  natural or artificial water courses, lakes, ponds, or diffused surface water
				  and water percolating, standing, or flowing beneath the surface of the
				  ground.
(5) "Source class" means
				  the assigned water resource from which a user is obtaining water either
				  directly or indirectly. Source classes within the District are specified in
				  Rule  40E-21.631, F.A.C.
(6) "Use class" means the category describing
				  the purpose for which the user is utilizing water. Use classes within the
				  District are specified in Rule
				   40E-21.651, F.A.C.
(7) "Method of withdrawal class" means the
				  type of facility or means of extraction or diversion of the water resource
				  employed by the user. Method of withdrawal classes within the District are
				  specified in Rule  40E-21.671, F.A.C.
(8) "Surface water use basin" means the
				  geographical area within which a user obtains water from surface waters.
				  Surface water use basins are a type of source class and are identified in
				  subsection  40E-21.631(1),
				  F.A.C.
(9) "Ground water source"
				  means a source class within which users obtain water directly from water table
				  aquifers or from confined or semi confined aquifers. Ground water sources are a
				  type of source class and are identified in subsection
				   40E-21.631(2),
				  F.A.C.
(10) "Percent reduction in
				  overall demand" means the weighted average reduction in all water uses within a
				  source class, regardless of the type of use or method of withdrawal, which is
				  necessary to reduce estimated present and anticipated demand to estimated
				  present and anticipated available water supply.
(11) "Plan" means the water shortage plan
				  authorized in Section
				   373.246, F.S., and contained in
				  this chapter.
(12) "Low-volume
				  irrigation" means the use of equipment and devices specifically designed to
				  allow the volume of water delivered to be limited to a level consistent with
				  the water requirement of the plant being irrigated and to allow that water to
				  be placed with a high degree of efficiency in the root zone of the plant. The
				  term also includes water use in mist houses and similar establishments for
				  plant propagation. Overhead irrigation and flood irrigation are not
				  included.
(13) "Overhead
				  irrigation" means the use of equipment and devices which deliver water under
				  pressure, through the air, above the level of the plant being
				  irrigated.
(14) "Flood irrigation"
				  means the delivery of plant or crop irrigation water by the design and practice
				  of the flowing of water over the surface to saturate the root zone or in
				  specific applications the raising of the level of groundwater through the root
				  zone or to the soil surface.
(15)
				  "Low volume hand watering" means watering by one hose attended by one person,
				  fitted with a self-canceling or automatic shutoff nozzle.
(16) "Low-volume mobile equipment washing"
				  means the washing of mobile equipment with a "bucket" and "sponge" or a hose
				  with a self-canceling or automatic shutoff nozzle or both.
(17) "Low-volume pressure cleaning" means
				  pressure cleaning by means of equipment which is specifically designed to
				  reduce the inflow volume as accepted by industry standards.
(18) "Nursery stock" means all plants, trees,
				  shrubs, vines, bulbs, cuttings, grafts, scions, buds, flowering annual plants,
				  aquatic plants, seeds, corns, or tubers, grown or kept for propagation,
				  distribution or sale.
(19) "Mobile
				  equipment" means any public, private or commercial automobile, truck, trailer,
				  railroad car, camper, boat, or any other type of similar equipment. The term
				  shall not include mobile homes, boats that serve as a primary residence,
				  sanitation or sludge vehicles or food vending or transporting
				  vehicles.
(20) "Even numbered
				  address" means the house address, box number or rural route ending in the
				  numbers 0, 2, 4, 6, 8 or the letters A-M. Post office box numbers are not
				  included.
(21) "Odd numbered
				  address" means the house address, box number or rural route ending in the
				  numbers, 1, 3, 5, 7, 9 or the letters N-Z. Post office box numbers are not
				  included.
(22) "Odd numbered days"
				  means the days whose dates end in the numbers 1, 3, 5, 7 or 9. For purposes of
				  this chapter the date shall be determined by the day during which a watering
				  period ends.
(23) "Low-volume
				  watering" means the use of equipment, devices, materials and/or methods,
				  including low-volume hand watering, which limit the amount of water applied to
				  a surface to the minimum necessary for dust control or evaporation suppression;
				  use of equipment specifically designed to reduce flow and increase saturation
				  efficiency to a level accepted under industry standards.
(24) "License" means, but is not limited to,
				  the appropriate professional registration, occupational license, contractor
				  license or applicator license for the jurisdiction in which work is being
				  performed.
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, 2-14-91,
						9-10-01.