HomeMy WebLinkAboutCity of Tamarac Ordinance O-2001-002�1
Temp. Ordinance #1919
January 12, 2001 1
Revision 1, January 18, 2001
Revision 2, January 22, 2001
CITY OF TAMARAC, FLORIDA
ORDINANCE NO, 0-2001-t9A
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, CREATING ARTICLE VIII
"WATER CONSERVATION REGULATIONS", SECTION
22-300 THROUGH 22-309, IN CHAPTER 22 "UTILITIES"
OF THE CITY CODE OF ORDINANCES, PROVIDING FOR
THE ESTABLISHMENT OF PERMANENT WATER
CONSERVATION MEASURES AND IMPLEMENTATION
OF A WATER SHORTAGE PLAN; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS,
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the County Commission of Broward County, Florida, urges all
municipalities in Broward County to adopt a permanent irrigation ordinance similar to
or more restrictive than Broward County Ordinance 91-8 and to improve the
awareness of and to enforce these ordinances; and
WHEREAS, under normal no -shortage conditions, approximately 50% of the
total public water supply in Broward County is used for residential and commercial
irrigation based on a 1998 water supply assessment conducted by the South Florida
Water Management District; and
WHEREAS, Volume 2 of the 1997 Broward County Comprehensive Plan,
Policy 4.4.4 states that Broward County shall continue to maintain Chapter 36,
"Water Resources and Management," Article II, "Water Emergencies, Section 36-
55, "Restrictions on landscape irrigation", Broward County Code of Ordinances,
which imposes year-round, County -wide landscape irrigation restrictions of
landscape watering to the hours of 5:00 p.m. and 9:00 a.m.; and
CODING: Words in StF Gk throu gh type are deletions from existing law;
Words in underscored type are additions.
Temp. Ordinance #1919
January 12, 2001 2
Revision 1, January 18, 2001
Revision 2, January 22, 2001
WHEREAS, a water shortage or water shortage emergency may be declared
from time to time by the South Florida Water Management District affecting the City
of Tamarac; and
WHEREAS, during such water shortage conditions the amount of surface and
groundwater supplies may become insufficient to meet current or anticipated
demands; and
WHEREAS, upon the existence of such conditions it becomes imperative to
the public well being that certain uses of water be restricted or curtailed and that
available water resources be allocated; and
WHEREAS, the City Commissioners of the City of Tamarac, Florida feel that
during Phase I Moderate Water Shortage Restrictions or more severe restrictions as
declared by the South Florida Water Management District prohibiting restaurants in
Tamarac from serving water to their customers unless specifically requested by the
customer would help raise public awareness of the need to conserve water and
would help alleviate the water shortage; and
WHEREAS, the South Florida Water Management District has primary
responsibility under Chapter 373, Florida statutes, for regulating water use and
allocating available water supplies during periods of water shortage; and
WHEREAS, the South Florida Water Management District has adopted a
"Water Shortage Plan," codified as Chapter 40E-21, Florida Administrative Code (a
copy of which is attached hereto as Exhibit A), for the purpose of allocating and
conserving the water resource during periods of water shortage and maintaining a
uniform approach towards water use restrictions; and
1�i
CODING: Words in stru GIL throe ..h type are deletions from existing law;
Words in underscored type are additions.
Temp. Ordinance #1919
January 12, 2001 3
Revision 1, January 18, 2001
Revision 2, January 22, 2001
0 WHEREAS Broward Count 's 1989 Land Use Plan, Policy 9.02.04 states
Y Y
that local governments should adopt water conservation measures, such as those of
the South Florida Water Management District, to utilize during periods of drought;
,rare
WHEREAS, the South Florida Water Management District has requested the
assistance of the City of Tamarac, Florida in the enforcement of the provisions of the
"Water Shortage Plan"; and
WHEREAS, it is the desire of the City Commission of the City of Tamarac,
Florida to provide the South Florida Water Management District with all the possible
assistance in the enforcement of the provisions of the "Water Shortage Plan" during
a water shortage or water shortage emergency; and
WHEREAS,
Section 373.609,
Florida Statutes, provides that it shall
be the
duty of municipal
governmental and
law enforcement officials to assist the
South
•
Florida Water Management District in the enforcement of Chapter 373, Florida
Statutes, and any rules adopted thereunder, upon request by the South Florida
Water Management District; and
WHEREAS, the Director of Utilities recommends that Article Vill "Water
Conservation Regulations", Sections 22-300 through 22-309, in Chapter 22 "Utilities"
of the City Code of Ordinances be created to provide for the establishment of
permanent water conservation measures and implementation of a water shortage
plan; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to
be in the best interest of the citizens and residents of the City of Tamarac to
CODING: Words in StF Gk thro , nh type are deletions from existing law;
Words in underscored type are additions.
Temp. Ordinance #1919
January 12, 2001 4
Revision 1, January 18, 2001
Revision 2, January 22, 2001
establish permanent water conservation measures and to implement the water
shortage plan by adopting a Permanent Water Conservation and Water Shortage
Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part of this
Ordinance.
SECTION 2: Article VIII "Water Conservation Regulations" Sections
22-300 through 22-309, in Chapter 22 "Utilities" of the City Code of Ordinances is
hereby created to read as follows:
Article VIII. Water Conservation Regulations
Section 22-300 Intent and Purpose
It is the intent and purpose of this Article to protect the water resources of the Citv of
Tamarac and allocate available water supplies by assisting the South Florida Water
Management District in the implementation of its water shortage plan.
Section 22-301 a Definitions
For the purpose of this Article, the following terms, phrases, words and their
derivatives shall have the meanina aiven herein. When not inconsistent with the
context, words used in the present tense include the future, words in the plural
CODING: Words in StF Gk thFOU gh type are deletions from existing law;
Words in underscored type are additions.
11
•
Temp. Ordinance #1919
January 12, 2001 5
Revision 1, January 18, 2001
Revision 2, January 22, 2001
include the sinaular. and words in the sinaular include the olural. The word "shall' is
always mandatory and not merely directwy.
(a) District is the South Florida Water Management District.
(b) Person is any person, firm, partnership, association, corporation, company, or
oraanization of anv kind.
(c) Restaurant means a building or room, which is open to the general public -and
where food is prepared and served for pay for consumption on the premises.
(d) Water Resource means any and all water on or beneath the surface of the
round, including natural or artificial watercourses, lakes, ponds. or diffused
surface water, and water percolatina. standina, or slowina beneath the surface of
0 the ground.
(e) Water Shortage is when sufficient water is not available to meet present or
anticipated needs of persons usina the water resource. or when conditions are
such as to require temporary reduction in total water usage within a particular
area to protect the water resource from serious „harm. A water shortage usually
occurs due to drouaht.
(f) Water Shortage Emergency means that situation when the powers, which can be
exercised under, Part II of Chapter 40E-21. Florida Administrative Code, 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.
CODING: Words in StFHGk thFGU type are deletions from existing law;
Words in underscored type are additions.
Temp. Ordinance #1919
January 12, 2001 6
Revision 1, January 18, 2001
Revision 2, January 22, 2001
Section 22-302 Application of Article
The provisions of this Article shall apply to all persons usina the water resource
within the geographical areas subject to the "water shortage" or "water shortage
emergency," as determined by the District, whether from public or privately_ owned
water utilitv systems. private wells. or private connections with surface water bodies.
This Article shall not apply to persons using treated effluent or saltwater.
Section 22-303 Amendments to Water Shortage Plan
Chapter 40E-21, Florida Administrative Code, as it may be amended from time to
time is incorporated herein by reference as a part of the City of Tamarac Code.
Section 22-304 Declaration of Water Shortage; Water Shortage_ Emergency_
The declaration of a water shortage or water shortage emergency within all or any
part of the City of Tamarac by the Governing Board or the Executive Director of the
District shall invoke the provisions of this Article. Upon such declaration all water
use restrictions or other measures adopted by the District applicable to the City_ of
Tamarac, or any portion thereof, shall be subject to enforcement action pursuant to
this Ordinance. Any violation of the provisions of Chapter 40E-21, Florida
Administrative Code, or any order issued pursuant thereto, shall be a violation _o_f_this
Article.
Section 22-305 Restrictions on Landscape Irrigation in non -water shorta e
conditions
a) Landscape irrigation for new and existing installations shall be restricted to the
CODING: Words in type are deletions from existing law;
Words in underscored type are additions.
•
E
•
Temp. Ordinance #1919
January 12, 2001 7
Revision 1, January 18, 2001
0 Revision 2, January 22, 2001
hours of 5:00 p.m. to 9:00 a.m. seven days per week; low volume irrigation
systems or low volume hand watering using a self canceling nozzle shall not be
rPstrirtPd .
b) Irrigation systems may be operated outside restricted hours for the purpose of
system repair and maintenance as well as landscape maintenance_activities-
such as reauired aoolication of water to aooly fertilizer. herbicides. and
pesticides.
c) In the event the District imposes restrictions on landscape irrigation for new and
existing installations, which are more restrictive than those imposed by this
Section such more restrictive regulations shall apply in the geographic areas of
0 Tamarac subject to such more restrictive regulations.
•
d) All other uses of the water resource as defined in this Article including but not
limited to agricultural, nursery and golf course uses, shall be restricted pursuant
to the rules. orders and reaulations issued from time to time by the District.
Section 22-306 Serving of Water by Restaurants During Water Shortage
Restrictions
a) While Phase I Moderate Water Shortage Restrictions, or more severe
restrictions. as declared by the District are in effect for anv oortion of Broward
County, noperson within the geographic areas subject to such restrictions shall
causepermit, or allow the serving of water from any public or private well water
supply or distribution system to any customer of a restaurant unless specifically_
CODING: Words in ctFUGk thFo u 0 type are deletions from existing law;
Words in underscored type are additions.
Temp. Ordinance #1919
January 12, 2001 8
Revision 1, January 18, 2001
Revision 2, January 22, 2001
uested by such customer.
b) This restriction shall remain in effect as long as the Phase I Moderate Water
Restriction, or more severe restrictions, as -declared -by the District, remains in
effect.
Section 22-307 Enforcement
Eves code enforcement officer, police officer or sheriff having jurisdiction in the area
governed by this Article shall, in connection with all other duties__ imposed by law,
diligently enforce the provisions of this Ordinance. In addition, the City Manager
may also delegate enforcement responsibility, for this Ordinance to departments of
the Citv of Tamarac government in accordance with state and local law.
Section 22-308 Penalties
Violation of any provision of this Article shall be subject to the following penalties:
First Violation $50.00
Second and subsequent violations Fine not to exceed $250 and/or
imprisonment in the County jail not to
exceed 60 da
Each day in violation of this Article shall constitute _a_separate offense. In the initial
stapes of a water shortage or water shortage emergency, law enforcement officials
may provide violators with no more than one written warning. The City of Tamarac,
in addition to the criminal sanctions contained herein, may take any other
appropriate legal action including but not limited to emergency injunctive action to
CODING: Words in StF Gk thro , ..h type are deletions from existing law;
Words in underscored type are additions.
11
•
•
Temp. Ordinance #1919
January 12, 2001 9
Revision 1, January 18, 2001
enforce the provisions of this Article.
Section 22-309 Water Users to Accept Provisions of Article
No water service shall be furnished to any person by a public or private utility unless
such person agrees to accept all the provisions of this Article. The acceptance of
water service shall be in itself the acceptance of the provisions thereof.
SECTION 3: It is the intention of the City Commission and it is hereby
ordained that the provisions of this Ordinance shall be made a part of the Code of
Ordinances of the City of Tamarac, Florida, and that Sections of -this Ordinance may
be renumbered or relettered and the "Ordinance" may be changed to "Section",
"Article'` or'sueh' other wordor phrase in order to accomplish such intention.
SECT(.QR AU91r0oyces or parts of Ordinances in conflict herewith
are4w4bVN4p6&b&ot") b9n1r6*uch conflict.
SECTION 5: If any provision of this Ordinance or the application
thereof to any person or circumstance is held invalid, such invalidity shall not affect
other provisions or applications of this Ordinance that can be given affect without the
invalid provision or application, and to this end the provisions of this Ordinance are
declared to be severable.
CODING: Words in rtF Gk throu^" type are deletions from existing law;
Words in underscored type are additions.
SECTION 6:
adoption.
Temp. Ordinance #1919
January 12, 2001 10
Revision 1, January 18, 2001
This Ordinance shall become effective immediately upon
PASSED, FIRST READING THIS 24 day of January, 2001.
PASSED, SECOND READING THIS 14 day of February, 2001.
ATTEST:
MARION S ENSON, CIVIC
CITY CLERK
I HEREBY CERTIFY that I,hav
agprpved this ORDINANfeE as
Cl
FO:mg/Utilities
ELL S. F
ATTO N
r
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE
MAYOR SCHREIBER
LIAL—
DIST 1: COMM. PORTNER
DIST Z: COMM. MISHKIN
DIST*
COMM. SULTANO��•
DST 1: VIM ROBERTS
CODING: Words in struck thFo inh type are deletions from existing law;
Words in underscored type are additions.
�J
� -1
CHAPTER 40E-21 Page 1 of 48
"EXHIBIT A"
El
CHAPTER 40E-21
WATER SHORTAGE PLAN
PART IGENERAL
40E-21.011 _ Policy and___Purqpose
40E-21.031 Elements of the Plan
40E-21.051 Definitions
40E-21.132 Water Use Restrictions
PART II DECLARING AND IMPLEMENTING A WATER SHORTAGE
• 40E--21.221 Evaluating Water Conditions
40E-21-231 Declaring a. Water Shortage
40E-21.251 Water Shortage Phases
40E-21.271 General Water Use Restrictions
40E-21.275 Variances
E-21.291 Irn ��lement_g a Water Shortage Declaration
n
PART III EMERGENCY PROVISIONS
40E-21.331 Declaring a Water Shortage Emer�cenvy
40E-21.371 Water Use Restrictions in a Water,Short�e Emergency
40E-21.391 Implementim Water Shortage Emergency_ Declaration
http://www.sfwmd.gov/curre/watshoWplan40E2 Lhtm1 12/1 /00
CHAPTER 40E-21
Page 2 of 48
PART IVMONITORING AND ENFORCEMENT
40E-21--401 _Monitoring
40E--21.421 Enforcement
PART V SPECIFIC RESTRICTIONS
40E-21.501 Specific Restr:ctions
40E-21.521 _Phase I._.__Moderate Water_Shortage
40E-21.531 Phase II Severe Water Shortage
40E-21.541 Phase III Extreme Water Shortage
40E-21.551 Phase IV Critical Water Shortage
PART VI THE CLASSIFICATION SYSTEM
40E-21.611 Classification_.Svstem
40E-21.631 Source Classes
40E-21.651 Use Classes
40E-21.671 Method of Withdrawal Classes
PARTTGENERAL
40E-21.011 Policy and Purpose.
•
•
(1) The rules in this chapter comprise the District's water shortage plan required under subsection
373.246(1), Florida Statutes. 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 is
impacts; to provide advance knowledge of the means by which water apportionments and reductions
http://www.sfwmd.gov/curre/watshort/plan40E21.html 12/1 /00
CHAPTER 40E-21
Page 3 of 48
will be made during times of shortage, and to promote greater security for water use permittees.
AW0512) These rules apply to all water users including those exempt from permitting pursuant to Rule 40E-
2.
. 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, or from a private well for
domestic or individual home use.
Specific Authority 373.044, 373.113 F.S.
Law Implemented 373.175, 373.246 F.S.
History --New 5-31-82.
40E-21.031 Elements of the Plan.
The water shortage plan consists of the following elements:
(1) Part 1. General - Part I provides the general goals and objectives of the District in developing and
adopting the water shortage plan. The various elements of the plan are described, and definitions for key
terms used in the plan are provided.
(2) Part 11. Declaring and Implementing a Water Shortage - Part 11 describes the procedures the District
will utilize in declaring a water shortage. Provisions are made for comparing estimated present and
anticipated water supplies with estimated present and anticipated user needs. The impact on the water
resource if demands are met from available supplies is also evaluated. In addition, a method for
expressing the severity of a water shortage in terms of four water shortage phases is provided. General
user restrictions are established. Finally, procedures for implementing the water shortage declaration are
provided.
(3) Part 1I1. Emergency Provisions - Normally, the provisions of Part II will be sufficient to protect users
within use classes during times of water shortage. At times, however, due to the peculiar circumstances
which apply to each individual user, the class restrictions imposed in Part II may be inadequate to
sufficiently protect individual users. In those situations, the Executive Director with the concurrence of
the Board may declare a water shortage emergency and impose restrictions on individual users. Part III
establishes the procedures for declaring and implementing a water shortage emergency. In addition,
provisions are made for establishing water use restrictions, including implementation of the restrictions
described in parts 11 and V.
(4) Part IV. Monitoring and Enforcement - This part describes how the District, in conjunction with
local law enforcement officials, will enforce the provisions of a declared water shortage or water
shortage emergency. The District's enforcement jurisdiction is described and enforcement procedures
are generally outlined. Penalties for violations of the water shortage plan and any order issued pursuant
to it are provided. In addition, the District's policy of seeking the cooperation and assistance of local
government officials and of assisting such officials in the enforcement of the water shortage plan is
generally described. The District's overall program of monitoring surface and ground waters, climatic
conditions and water demand during a shortage is generally described. In addition a monitoring program
is established to determine the impact of a water shortage on the water resources of the District and the
http://www.sfwmd.gov/curre/watshort/plan40E21.1itml 12/1 /00
CHAPTER 40E-21
Page 4 of 48
effectiveness of a declaration of water shortage or water shortage emergency.
(5) Part V. Specific Restrictions - Part V establishes specific water use restrictions for each water
shortage phase and water use class. These restrictions are in addition to the general restrictions
authorized in parts II and III. Water users may refer to this part for specific information concerning the
restrictions which apply to them during any phase of a water shortage.
(6) Part VI. The Classification System - Part VI classifies each user according to the source of water
supply, method of withdrawal and type of water use. The classification system is utilized in conjunction
with Parts I1, III and V to determine the water use restrictions with which the users of a particular source
must comply. This part is published separately as an appendix.
Specific Authority 373.044, 373,113 F.S.
Law Implemented 373.175, 373.246 F.S.
History --New 5-31-82.
40E-21.051 Definitions.
When used in this chapter:
(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
part II of chapter 40E-21 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, 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.
(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, 1.,.
http://www.sfwmd.gov/curre/watshort/plan40E2 Lhtml 12/1/00
CHAPTER 40E-21
Page 5 of 48
(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
9ule 40E-21.671.
(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-
2l .631_W.
(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.-21.4 1(2).
(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, Florida Statutes, 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.
http:Hwww.sfwmd.gov/curre/watshort/plan40E21.1itml 12/1 /00
CHAPTER 40E-21
Page 6 of 48
(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.
Specific Authority 373.044, 373.113 F.S.
Law Implemented 373.175, 373.246 F.S.
History --New 5-31-82, Amended 1-26-86, 2-14-91.
40E-21.132 Water Use Restrictions.
(1) The Water Shortage Plan in this section establishes the water use restrictions to be followed when
the Board declares a water shortage within the Lake Istokpoga Indian Prairie area. The restrictions are
intended to insure that established minimum flows and levels within the area maintained and that the
water resources within the area do not suffer serious harm.
(2) If the Board declares a water shortage pursuant to rule 40E-21.231 or the Executive Director with the
advice and concurrence of the Board declares a water shortage emergency pursuant to rule 40E-21.331
within the Lake Istokpoga-Indian Prairie Area, then uses from the affected sourced classes, shall be
restricted pursuant to rule 40E-21.271 or rule_40E-21_.371 respectively.
Specific Authority 373.044, 373.113 F.S.
Law Implemented 373.119, 373.175, 373.246 F.S.
History --New 9-3-81, Amended 7-4-82.
Formerly 16K-30.09.
PART II DECLARING AND IMPLEMENTING A WATER SHORTAGE
•
•
•
http://www.sfwmd.gov/curre/watshort/plan40E21.html 12/1/00
CHAPTER 40E-21
40E-21.221 Evaluating Water Conditions.
Page 7 of 48
&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.
(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 resource factors affecting present and anticipated available water supply.
(b) Present and anticipated user demands for each use and method of withdrawal class shall be
periodically estimated for each source class. Factors considered in estimating the present and anticipated
demands of the users within a source class may include:
1. estimated current and anticipated demands of permitted users,
2. estimated current and anticipated demands of users exempt from permitting, but subject to the
provisions of the water shortage plan,
3. current and anticipated demands of users whose supply of water is established by federal law,
0 4. anticipated seasonal fluctuations in user demands,
5. the extent to which user demands may be met from other source classes, and
http://www.sfwmd.gov/curre/watshort/plan40E21.html 12/1/00
CHAPTER 40E-21 Page 8 of 48
6. other factors affecting present and anticipated water demands.
(c) Estimated present and anticipated available water supply shall be periodically compared to estimated
present and anticipated user demands to determine impact on the water resource. Factors that may be
considered in determining whether serious harm to the water resource may occur include:
1. potential for increased saltwater intrusion or other ground water contamination,
2. potential for irreversible adverse impacts on fish and wildlife, and
3. other factors adversely impacting the water resource.
Specific Authority 373.044, 373.113 F.S.
Law Implemented 373.175, 373.246 F.S.
History --New 5-31-82, Amended 1-26-86.
40E-21.231 Declaring a Water Shortage.
(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, 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.
Specific Authority 373.044, 373.113 F.S.
Law Implemented 373.175, 373.246 F.S.
History --New 5-31-82, Amended 1-26-86.
40E-21.251 Water Shortage Phases. 0
(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
http://www.sfwmd.gov/curre/watshort/plan40E21.1itml 12/1 /00
CHAPTER 40E-21
Page 9 of 48
anticipated available water supply. The water shortage phase determines the type of water use
restrictions which will be ordered in a declared water shortage.
0(2) The following water shortage phases are established:
Phase
Code
% Reduction in Overall Demand
FWaterrtage
e W/S
Yellow
less than 15%
11. Severe W/S
Orange
less than 30%
III. Extreme W/S
Red
less than 45%
IV. Critical W/S
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 may be based upon:
(a) the estimated percent reduction in overall demand as determined in subsection 40E-21.231(4), 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.
*Specific Authority 373.044, 373.113 F.S.
Law Implemented 373.175, 373.246 F.S.
History --New 5-31-82.
40E-21.271 General Water Use Restrictions.
(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 may order the water use restrictions specified in part V for the appropriate water shortage
phase for each affected source class. 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. Further, the Board may order any combination in lieu of or in
addition to the restrictions specified in part V of the restrictions described in subsection (3), by use or
method of withdrawal class, within each source class, if necessary to achieve the percent reduction in
overall demand.
(3) Additional restrictions which may be considered 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
http://www.sfwmd.gov/curre/watshort/plan40E2 Lhtml 12/1 /00
CHAPTER 40E-21
Page 10 of 48
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, 0
(c) provisions for the metering and reporting of all water used, diverted, impounded, extracted or
withdrawn,
(d) provisions designed to maintain minimum flows and minimum levels,
(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
0) such other provisions or restrictions as are necessary to protect the water resources from serious •
harm.
Specific Authority 373.044, 373.113 F.S.
Law Implemented 373.175, 373.246 F.S.
History --New 5-31-82, Amended 1-26-86
40E-21.275 Variances.
(1) All users requesting relief from the provisions of this 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
http://www.sfwmd.gov/curre/watshort/plan40E21.html 12/1 /00
CHAPTER 40E-21
Page 11 of 48
(c) Alternative restrictions which achieve the same level of demand reduction as the restrictions from
hich 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.
(3) Limiting Conditions - Variances granted shall be subject to the following conditions, unless waived
or modified by the Board:
(a) The variance granted shall be the minimum necessary to alleviate the circumstance for which the
variance was requested under subsection (2).
(b) All variances shall expire upon a declaration by the Board that a water shortage no longer exists or
when a more restrictive water shortage declaration is made, unless the Board specifies that the variance
shall be in effect for a longer period of time, provided however that variance conditions which require
the applicant to modify water use facilities shall remain in full force and effect until such modifications
have been completed. However, when a new application for variance is fled within seven working days
of the effective date of a more restrictive water shortage declaration, the existing variance shall remain
in effect until final agency action on the application.
(c) Variances granted under paragraph (2)(b) may prescribe a timetable for compliance with the
restrictions from which a variance was sought.
(4) Applications for Variance - The application shall contain the following:
(a) the applicant's name, address, telephone number and location of the property for which relief is
requested.
(b) the specific rule, order, water shortage phase or restriction from which the applicant is requesting
relief,
(c) a detailed statement of the facts which the applicant believes demonstrate that the request qualifies
for a variance under subsection (2), including reports by qualified technical experts,
(d) a description of the relief desired,
(e) the period of time for which the variance is sought, including the reasons and facts in support thereof,
(f) the damage or harm resulting or which may result to the applicant from compliance with the rule or
order,
(g) if the variance is sought under paragraph (2)(b), information identifying the restrictions which
currently can be met, a description of the measures which would be necessary to meet all restricitons and
the date when these measures could be completed,
(h) if the applicant is the owner or operator of a golf course whose need for a variance arises from the
operational inability of its irrigation system or works to meet the front nine -back nine requirement in
http://www.sfwmd.gov/curre/watshorVplan40E21.1itml 12/1/00
CHAPTER 40E-21 Page 12 of 48
40E-21, Part V, the applicant shall submit a map showing the proposed alternative division of the course
in -half and an explanation of the applicant's proposed irrigation scheme, 0
(i) For applications for variance from restrictions on irrigation, a general description of the irrigation
system, including pump or water system output and irrigated area, and
0) any other information, the applicant believes is material.
(5) Procedures
(a) Within ten working days after receipt of a complete application for variance, which contains the
information listed in subsection 40E-21..275_(�, the staff shall recommend to the Executive Director
whether the application complies with the provisions of subsections (2) through (4). The
recommendation shall be in writing and shall constitute proposed agency action. The District shall set
forth in writing the grounds or basis for denial of the variance and inform the applicant of the right to a
hearing on the denial of the application by filing a petition. A copy of the recommendation shall be
forwarded to the applicant. Any petition for hearing on an application for variance shall be considered a
petition for informal proceedings in accordance with section 40E-1.571(2).
(b) The Executive Director or his designee shall review the application and the staff recommendation.
Applications which do not require immediate action or which do not comply with the provisions of
subsections (2) through (4) may be deferred for Board action. Applications which require immediate
action and which comply with the provisions of subsections (2) through (4) may be temporarily granted
by the Executive Director or his designee. Temporary variances granted by the Executive Director or his
designee shall be presented to the Board for concurrence, rejection or modification.
(c) The Board shall consider all deferred applications as well as those temporarily granted by the
Executive Director or his designee, at its next regularly scheduled meeting. The Board may grant, or
deny the deferred applications and may concur in, reject or modify those variances temporarily granted
by the Executive Director or his designee. All Board action denying applications for variances shall be
by written order and copies shall be furnished to the applicant and the appropriate law enforcement
officials. An applicant whose variance has been granted shall be furnished an appropriate notice of water
shortage variance and any attachments which shall be prominently displayed at the applicant's place of
use.
(d) The Board may revoke or modify a variance when it determines that the continued utilization of the
variance is inconsistent with the objectives of the District.
Specific Authority 373.044, 371113 F.S.
Law Implemented 373.175, 373.246 F.S.
History --New 5-31-82, Amended 1-26-86, 2-14-91.
40E-21.291 Implementing a Water Shortage Declaration.
(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
http://www.sfwmd.gov/curre/watsliorUplan4OE2 Lhtml 12/1 /00
CHAPTER 40E-21
Page 13 of 48
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
epf 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 recision of the Board's declaration of water shortage is warranted and necessary.
(6) All decisions of the Executive Director made pursuant to this subsection shall be by order and
subject to ratification by the Board at the next scheduled Board meeting.
(7) An order declaring a water shortage or imposing more severe restrictions shall become effective on
the day after any notice required in subsection (1) is published. An order declaring a water shortage shall
remain in effect until modified or rescinded by the Board or the Executive Director.
Specific Authority 373.044, 373.113 F.S.
Law Implemented 373.119, 373,175, 373.246 F.S.
History --New 5-31-82, Amended 1-26-86.
PART III EMERGENCY PROVISIONS
0 40E-21.331 Declaring a Water Shortage Emergency.
http://www.sfwmd.gov/curre/watshort/plan40E21.html 12/1 /00
CHAPTER 40E-21
Page 14 of 48
(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.
(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 4.0_.E-21__221(3)(a),
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.
(b) The potential for adverse impacts on 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 -beneficial use shall be evaluated. Factors that may be considered include:
1. those factors listed in paragraphs 40E-21_221(3)(b) and_(c,
2. the extent to which adverse impacts can be reduced by imposing additional restrictions on other users
from the same source class,
3. the extent to which restricting other users from the same source class will create other adverse
impacts,
4. if the user(s) affected is or includes a local governmental unit, the recommendation of its board of
elected officials, and
5. other factors relating to public health, safety and welfare.
(4) The executive director may declare a water shortage emergency with the advice and concurrence of
the Board:
(a) If, in the opinion of the District, the provisions of part 11 are not sufficient to protect the public
health, safety, or welfare, the health of animals, fish or aquatic life, a public water supply, or
commercial, industrial, agricultural, recreational, or other reasonable -beneficial uses,
(b) If water restrictions must be immediately imposed on a class or classes of users due to a rapid is
decline of water availability and there is insufficient time to convene the Board. In order to declare a
http://www.sfwmd.gov/curre/watshort/plan40E21.html 12/1 /00
CHAPTER 40E-21
Page 15 of 48
water shortage emergency under this subsection, the decline must have occurred in such a manner that
the monitoring and evaluation of the water resources under rule 40E-21.,221 could not reasonably have
Oredicted the emergency.
(5) If a water shortage emergency is declared for a user, the District shall estimate the percent reduction
in user demand required to alleviate the emergency.
(6) If a water shortage emergency is declared for a class or classes of users, the executive director shall
define the restrictions needed to alleviate the emergency including those set forth in Rules 40E-21.231
and 40E-21.251.
(7) Water shortage emergencies declared under this section must be ratified by the board at its next
available meeting.
(8) Local governmental units are requested to immediately report any resource -related water supply
problems detected or experienced by their community to the District.
Specific Authority 373.044, 373,113 F.S.
Law Implemented 373.119, 373.175, 373.246 F.S.
History --New 5-31-82, Amended, 12-16-84, 1-26-86.
0 40E-21.371 Water Use Restrictions in a Water Shortage Emergency.
(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).
Specific Authority 373.044, 373.113 F.S.
Law Implemented 373.119, 373.175, 373.246 F.S.
History --New 5-31-82.
40E-21.391 implementing a Water Shortage Emergency Declaration.
(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
http://www.sfwmd.gov/curre/watshort/plan40E2 ] .htm] 12/1 /00
CHAPTER 40E-21
Page 16 of 48
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. 0
(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).
(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 addition 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).
Specific Authority 373.044, 373.113 F.S.
Law Implemented 373.119, 373.175, 373.246 F.S.
History --New 5-31-82.
PART IV MONITORING AND ENFORCEMENT
40E-21.401 Monitoring.
(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.
http://www.sfwmd.gov/curre/watshort/plan4OE21.htm1 12/1 /00
CHAPTER 40E-21
Page 17 of 48
(2) Data may be obtained from any source available, including but not limited to:
0) the District,
(b) other water management districts,
(c) permittees who are required to submit data as a condition of their permit,
(d) any local, state or federal agency, and
(e) any other source available.
(3) Resource Monitoring - When appropriate the District shall collect and analyze data concerning any
aspect of the water resource. Data which may be collected include but are not limited to:
(a) levels in surface and ground waters, including potentiometric heads in confined and semiconfined
aquifers,
(b) water quality in surface and ground waters,
(c) flows in surface waters,
(d) transfers of water from one source class to another,
�(e) demand of natural systems, including but not limited to losses due to evapotranspiration and seepage,
(f) rainfall,
(g) impacts on fish and wildlife, and
(h) other data required to evaluate the status of the water resources of the District.
(4) Demand Monitoring - When appropriate the District shall collect and analyze data concerning any
aspect of user demand upon the water resources. Data which may be collected include but are not
limited to:
(a) demands of permitted users,
(b) demands of users exempt from permitting, but subject to the provisions of the water shortage plan,
(c) demands of users whose supply of water is established by federal law, and
(d) other data required to evaluate demands on the water resources of the District.
(5) When appropriate, the District may prepare a drought management report summarizing the data
gathered pursuant to this rule.
• Specific Authority 373.044, 373.113 P.S.
http://www.sfwmd.gov/curre/watshort/plan40E21.html 12/1 /00
, CHAPTER 40E-21 Page 18 of 48
Law Implemented 373.026, 373.103, 373.175, 373.246 F.S.
History --New 5-31-82.
40E-21.421 Enforcement.
(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 chapters 120 or 373, Florida Statutes,
or chapter 40E.
(3) Enforcement action may be initiated by the Executive Director or his designee pursuant to section
373.603, Florida Statutes, 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, Florida Statutes, 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,
Florida Statutes, and rule 40E-1.611, 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.
(6) In the event a water user is in violation of the water shortage plan or any water shortage order issued
pursuant thereto, it shall be presumed that the person present at the premises where such unauthorized
use is occurring who has a possessory interest in those premises, is responsible therefor. In the event that
no one is present at the premises while such unauthorized use is occurring, it shall be presumed that the
owner of the premises is responsible for such use. These presumptions shall not affect the burden of
proof of the District to present a prima facia case as to each violation, and shall be rebuttable by the
presentation of evidence to indicate that another person was responsible for the unauthorized water use.
Specific Authority 373.044, 373.113 F.S.
Law Implemented 373.119, 373.175, 373.246, 373.603, 373,609 F.S.
History --New 5-31-82.
•
http://www.sfwmd.gov/curre/watshort/plan40E2 Lhtml 12/l /00
CHAPTER 40E-21
Page 19 of 48
PART V SPECIFIC RESTRICTIONS
40E-21.501 Specific Restrictions.
(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.. (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.
,p(3) Within each rule, use classes are grouped in the same sequence as in rule 40E-21.651.
Specific Authority 373.044, 373,113 F.S.
Law Implemented 373.175, 373.246 F.S.
History --New 5-31-82, Amended 2-14-91.
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
(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.
(b) Domestic Type Use
http:Hv;ww.sfwmd.gov/curre/watsliort/plan4OE21.html 12/1 /00
CHAPTER 40E-21
Page 20 of 48
1. Residential type domestic use shall be voluntarily reduced to achieve a per capita consumption of 60
gallons per person per day. 0
2. Domestic type use in industrial and commercial establishments shall be voluntarily reduced.
(c) Water Utility Use
1. Initial pressure at the point of use (meter) shall be voluntarily reduced to levels no greater than 45
pounds per square inch. Upon reduction of pressure, the utility shall notify the appropriate fire -fighting
agencies and make arrangements for direct communication when additional pressure is required.
2. New water line flushing and disinfection shall be restricted to the hours of 7:00 P.M. to 7:00 A.M.
seven days per week.
3. As may be appropriate the utility shall institute additional voluntary conservation measures such as
reclaiming of backwash water, improving and accelerating leak detection surveys and repair programs,
installing and calibrating meters, and stabilizing and equalizing system pressures.
(d) Power Production Use
Water used for power production shall be voluntarily reduced.
(e) Commercial and Industrial Process Use
1. Commercial car washes shall be restricted as follows:
a. for washes servicing passenger vehicles and mobile equipment weighing less than 10,000 pounds,
i. use in excess of 75 gallons per wash shall be prohibited and
ii. use equal to or less than 75 gallons per wash shall be voluntarily reduced;
b. for washes servicing mobile equipment weighing 10,000 pounds or more,
i. use in excess of 150 gallons per wash shall be prohibited and
ii. use equal to or less than 150 gallons per wash shall be voluntarily reduced.
2. Water used for commercial and industrial processes shall be voluntarily reduced.
3. Water use for cleaning, adjusting and repair of irrigation systems by a licensed person or entity shall
be restricted as follows:
a. projects one irrigated acre or greater in size shall be limited to one hour per acre per week,
b. projects less than one irrigated acre in size shall be limited to 10 minutes per zone per week.
4. Water use for pesticide application under the supervision of a licensed pest control operator shall be
voluntarily reduced. Under the provisions of this subparagraph, the applicator must be on the premises
when water is applied outside of the hours allowed for irrigation.
http://www.sfwmd.gov/curre/watshort/plan40E21.htmi 12/1/00
CHAPTER 40E-21
Page 21 of 48
5. Water use for well development under the supervision of a licensed well contractor shall be
voluntarily reduced.
06. Water use for mobile equipment washing by a licensed person or entity shall be voluntarily reduced.
(i) Diversion and Impoundment into Non -District Facilities
Water used for diversion and impoundment into non -District facilities shall be voluntarily reduced.
(2) Agriculture
(a) Agricultural Use
1. Overhead irrigation shall be restricted to the hours of 2:00 P.M. to 10:00 A.M.
2. Low volume irrigation hours shall not be restricted.
3. All irrigation systems shall be operated in a manner that will maximize the percentage of water
withdrawn and held which is placed in the root zone of the crop and will minimize the amount of water
which is withdrawn and released or lost to the user but is not immediately available for other users.
4. Users having access to more than one source class shall maximize the use of the lesser or least
restricted source class.
5. Overhead irrigation for field grown citrus nursery stock moisture stress reduction shall be allowed
daily for 10 minutes per irrigation zone from 11.30 A.M. to 12:00 P.M. and from 1:30 P.M. to 2:00 P.M.
(b) Livestock Use
Livestock water use shall be voluntarily reduced.
(c) Aquacultural Use
Aquacultural water use shall be voluntarily reduced.
(d) Soil Flooding
1. Soil flooding for vegetable seed planting, rice planting, burning of sugarcane prior to harvest and to
permit harvesting of sod shall be voluntarily reduced.
2. Soil flooding for all other purposes shall be prohibited.
(e) Freeze Protection
Water use for freeze protection shall be restricted to situations in which official weather forecasting
services predict temperatures likely to cause permanent damage to crops.
• (3) Nursery/Urban Irrigation/Recreation
http://www.sfwmd.gov/curre/watshort/plan40E21.htm1 12/1 /00
CHAPTER 40E-21
Page 22 of 48
(a) Nursery Use
1. Low volume irrigation uses and low volume hand watering shall be voluntarily reduced.
2. Overhead irrigation uses shall be restricted as follows:
a. inside - 8:00 A.M. to 8:00 P.M., seven days per week.
b. outside - 7:00 F.M. to 7:00 A.M., seven days per week.
c. Overhead irrigation for containerized nursery stock moisture stress reduction on stock grown in
containers up to and including 1 gallon in size shall be allowed daily for 10 minutes per irrigation zone
from 11:30 A.M. to 12:00 P.M., 1:30 P.M. to 2:00 P.M. and 3:30 F.M. to 4:00 P.M.
3. Flood irrigation systems shall be restricted to 8 days per month.
(b) Landscape Irrigation - New Installation
1. For installations which have been in place for less than 30 days and
a. less than 5 irrigated acres in size, water use for irrigation shall be restricted to the hours of 2:00 A.M.
to 8:00 A.M., Monday through Friday,
b. 5 irrigated acres or greater in size, water use for irrigation shall be restricted to the hours of 12:01
A.M. to 8:00 A.M. Monday through Friday.
2. Low volume irrigation and low volume hand watering of new landscaping shall be voluntarily
reduced.
3. Cleaning and adjusting of new irrigation systems shall be restricted to 10 minutes per zone on a one
time basis.
(c) Landscape Irrigation - Existing Installation
1. For existing installations less than 5 irrigated acres in size, water use for irrigation shall be restricted
to the hours from 4:00 A.M. to 8:00 A.M. for all types of' rrigation, except low volume irrigation, and
5:00 P.M. to 7:00 P.M. for low volume hand watering only, three days per week.
a. Installations with odd addresses shall be permitted to irrigate on Monday, Wednesday and Saturday.
b. Installations with even addresses or no address shall be permitted to irrigate on Tuesday, Thursday
and Sunday.
2. For existing installations 5 irrigated acres or greater in size, water use for irrigation shall be restricted
to the hours from 12:01 A.M. to 8:00 A.M., three days per week.
a. Installations with odd addresses shall be permitted to irrigate on Monday, Wednesday and Saturday.
b. Installations with even addresses or no address shall be permitted to irrigate on Tuesday, Thursday
and Sunday.
•
•
http://www.sfwmd.gov/curre/watshort/plan40E21.html 12/l /00
CHAPTER 40E-21
Page 23 of 48
3. Water use for cleaning, adjusting and repair of existing irrigation systems shall be limited to ten
minutes per zone per week.
04. Low volume irrigation uses shall be voluntarily reduced.
(d) Recreation Area Use
1. Landscape irrigation for new and existing recreation areas shall be restricted to the hours prescribed
for new and existing landscape irrigation in paragraphs (b) and (c) respectively.
2. Irrigation of seeded and/or sprigged recreation areas that have been in place for less than thirty days
shall be allowed daily for 10 minutes per irrigation zone from 11:30 A.M. to 12:00 P.M., 1:30 P.M. to
2:00 P.M. and 3:30 P.M. to 4:00 P.M.
3. Watering of pervious non -vegetated recreational/sporting surfaces shall be restricted to ten minutes of
application prior to each recreational/sporting event. Low volume watering shall be used.
(e) Golf Course Use
1. Irrigation of greens and tees shall be voluntarily reduced and shall be accomplished during non -
daylight hours.
2. Irrigation of fairways, roughs and nonplaying areas on the first nine holes of the course shall be
restricted to the hours of 12:01 A.M. to 8:00 A.M. on Monday, Wednesday and Saturday.
3. Irrigation of fairways, roughs and nonplaying areas on the last nine holes of the course shall be
restricted to the hours of 12:01 A.M. to 8:00 A.M., Tuesday, Thursday and Sunday.
4. Irrigation of seeded and/or sprigged areas that have been in place for less than thirty days shall be
allowed daily for 10 minutes per irrigation zone from 11:30 A.M. to 12:00 P.M., 1:30 P.M. to 2:00 P.M.
and 3:30 P.M. to 4:00 F.M.
(f) Water Based Recreation Use
1. Water based recreation water use shall be voluntarily reduced.
2. Draining of facilities into sewers or onto impervious surfaces shall be prohibited.
(4) Miscellaneous
(a) Cooling and Air Conditioning Use
The use of water for cooling and air conditioning shall be restricted to that amount of water necessary to
maintain a minimum temperature of 78 degrees Fahrenheit.
(b) Dewatering Use
• Discharge of fresh water to tide from dewatering shall be prohibited.
(c) Navigation Use
http://www.sfwmd.gov/curre/watshort/plan40E21.html 12/1/00
CHAPTER 40E-21
Page 24 of 48
1. The District shall request the U. S. Army Corps of Engineers to restrict its lockages to maintain
acceptable chloride concentrations upstream of the locks and to conserve water. 10
2. In the case of the Franklin Lock and Dam, the District shall request the U. S. Army Corps of
Engineers to restrict lockages to once every four hours if:
a. chloride levels upstream of 5-79 are 180 parts per million or higher and
b. a rainfall in excess of one inch in 24 hours is not predicted in the surface water use basin within the
next 48 hours.
3. If the restrictions imposed in subparagraph 2. are insufficient to stop the rising chloride levels, the
District shall request the U. S. Army Corps of Engineers to further restrict lockages to once every four
hours, twice per week.
4. If the restrictions imposed in subparagraphs 2. and 3. are still insufficient to stop the rising chloride
levels, the District shall request the U. S. Army Corps of Engineers to prohibit lockages.
(d) Other Outside Uses
1. Washing or cleaning streets, driveways, sidewalks, or other impervious areas with water shall be
prohibited.
2. Outside pressure cleaning shall be restricted to only low volume pressure cleaning, seven days a
week. 0
3. Mobile equipment washing with water shall be restricted to the hours and days prescribed for existing
landscape irrigation in paragraph (3)(c)1, using only low volume mobile equipment washing methods
and shall be conducted over a pervious surface or in an area that immediately drains to a pervious
surface. Rinsing and flushing of boats after saltwater use shall be limited to 15 minutes once a day for
each boat.
4. Washing boats that serve as a primary residence shall be restricted to the hours and days prescribed
for existing landscape irrigation in paragraph (3)(c)1. Boats with an odd slip number shall be permitted
to be washed on Monday, Wednesday and Saturday. Boats with an even slip number or no slip number
shall be permitted to be washed on Tuesday, Thursday and Sunday.
(e) Aesthetic Use
1. Non -recirculating outside aesthetic uses of water shall be prohibited.
2. Water use for outside aesthetic purposes by facilities that recirculate water shall be voluntarily
reduced and must meet the following criteria:
a. Draining of water from outside aesthetic facilities into sewers or onto impervious surfaces is
prohibited.
b. Outside aesthetic facilities shall not be operated when wind conditions cause water to be lost from the
recirculating capacity of the facility.
http://www.sfwmd.gov/curre/watsliort/plan40E21.html 12/1 /00
CHAPTER 40E-21
c. Outside aesthetic facilities that leak water shall not be operated.
Page 25 of 48
V. Outside aesthetic facilities that lose water due to an overflow shall not be operated.
3. Inside aesthetic uses of water shall be voluntarily reduced.
Specific Authority 373.044, 373.113 F.S.
Law Implemented 373.175, 373.246 F.S.
History --New 5-31-82, Amended 1-26-86, 2-14-91.
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
(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.
(b) Domestic Type Use
1. Residential type domestic use shall be voluntarily reduced to 50 gallons per person per day.
2. Domestic type use in industrial and commercial establishments shall be voluntarily reduced.
(c) Water Utility Use
I . Initial pressure at the point of use (meter) shall be reduced to levels no greater than 45 pounds per
square inch. Upon reduction of pressure, the utility shall notify the appropriate fire -fighting agencies and
make arrangements for direct communication when additional pressure is required.
2. New water line flushing and disinfection shall be restricted to the hours of 7:00 P.M. to 7:00 A.M.
seven days per week.
3. As may be appropriate the utility shall institute additional voluntary conservation measures such as
reclaiming of backwash water, improving and accelerating leak detection surveys and repair programs,
installing and calibrating meters, and stabilizing and equalizing system pressures.
0(d) Power Production Use
http://www.sfwmd.gov/curre/watshort/plan40E21.html 12/1 /00
CHAPTER 40E-21 Page 26 of 48
Water used for power production shall be voluntarily reduced.
(e) Commercial and Industrial Process Use
1. Commercial car washes shall be restricted as follows:
a. for washes servicing passenger vehicles and mobile equipment weighing less than 10,000 pounds,
i. use in excess of 75 gallons per wash shall be prohibited and
ii. use equal to or less than 75 gallons per wash shall be voluntarily reduced;
b. for washes servicing mobile equipment weighing 10,000 pounds or more,
i. use in excess of 150 gallons per wash shall be prohibited and
ii. use equal to or less than 150 gallons per wash shall be voluntarily reduced.
2. Water used for commercial and industrial processes shall be voluntarily reduced.
3. Water use for cleaning, adjusting and repair of irrigation systems by a licensed person or entity shall
be restricted as follows:
a. projects one irrigated acre or greater in size shall be limited to one hour per acre per week,
b. projects less than one irrigated acre in size shall be limited to 10 minutes per zone per week.
4. Water use for pesticide application under the supervision of a licensed pest control operator shall be
voluntarily reduced. Under the provisions of this subparagraph, the applicator must be on the premises
when water is applied outside of the hours allowed for irrigation.
5. Water use for well development under the supervision of a licensed well contractor shall be
voluntarily reduced.
6. Water use for mobile equipment washing by a licensed person or entity shall be voluntarily reduced.
(f) Diversion and Impoundment into Non -District Facilities
1. Water used for diversion and impoundment into non -District facilities shall be voluntarily reduced.
(2) Agriculture
(a) Agricultural Use
1. Overhead irrigation shall be restricted to the hours of 2:00 P.M. to 10:00 A.M.
2. Low volume irrigation hours shall not be restricted. 0
3. All irrigation systems shall be operated in a manner that will maximize the percentage of water
http://www.sfwmd.gov/curre/wats]7ort/plan40E21.html 12/1 /00
CHAPTER 40E-21
Page 27 of 48
withdrawn and held which is placed in the root zone of the crop and will minimize the amount of water
which is withdrawn and released or lost to the user but is not immediately available for other users.
4)4. Users having access to more than one source class shall maximize the use of the lesser or least
restricted source class.
5.Overhead irrigation for field grown citrus nursery stock moisture stress reduction shall be allowed
daily for 10 minutes per irrigation zone from 11:30 A.M. to 12:00 P.M. and from 1:30 P.M. to 2:00 P.M.
(b) Livestock Use
Livestock water use shall be voluntarily reduced.
(c) Aquacultural Use
Aquacultural water use shall be voluntarily reduced.
(d) Soil Flooding
1. Soil flooding for vegetable seed planting, rice planting, burning of sugarcane prior to harvest and to
permit harvesting of sod shall be voluntarily reduced.
2. Soil flooding for all other purposes shall be prohibited.
(e) Freeze Protection
Water use for freeze protection shall be restricted to situations in which official weather forecasting
services predict temperatures likely to cause permanent damage to crops.
(3) Nursery/Urban Irrigation/Recreation
(a) Nursery Use
1. Low volume irrigation uses and low volume hand watering shall be voluntarily reduced.
2. Overhead irrigation uses shall be restricted as follows:
a. inside - 8:00 A.M. to 8:00 P.M., seven days per week.
b. outside - 7.00 P.M. to 7:00 A.M., on odd numbered days.
c. Outside overhead irrigation for containerized nursery stock moisture stress reduction on stock grown
in containers up to and including one gallon in size shall be allowed daily for 10 minutes per irrigation
zone from 11:30 A.M. to 12:00 P.M., 1:30 P.M. to 2:00 P.M. and 3:30 P.M. to 4:00 P.M.
3. Flood irrigation systems shall be restricted to 6 days per month.
I* (b) Landscape Irrigation - New Installation
http://www.sfwmd.gov/curre/watshort/plan4OE21.html 12/1 /00
,CHAPTER 40E-21 Page 28 of 48
1. For installations which have been in place for less than 30 days and
a. less than 5 irrigated acres in size, water use for irrigation shall be restricted to the hours of 2:00 A.M.
to 8:00 A.M., Monday, Wednesday, Thursday and Friday,
b. 5 irrigated acres or greater in size, water use for irrigation shall be restricted to the hours of 12:01
A.M. to 8:00 A.M. Monday, Wednesday, Thursday and Friday.
2. Low volume irrigation and low volume hand watering of new landscaping shall be voluntarily
reduced.
3. Cleaning and adjusting of new irrigation systems shall be restricted to 10 minutes per zone on a one
time basis.
(c) Landscape Irrigation - Existing Installation
1. For existing installations less than 5 irrigated acres in size, water use for irrigation shall be restricted
to the hours from 4:00 A.M. to 8:00 A.M. for all types of irrigation, except low volume irrigation, and
5:00 P.M. to 7:00 P.M. for low volume hand watering, two days per week.
Installations with odd addresses shall be permitted to irrigate on Wednesday and Saturday.
b. Installations with even addresses or no address shall be permitted to irrigate on Thursday and Sunday.
2. For existing installations 5 irrigated acres or greater in size, water use for irrigation shall be restricted
to the hours from 12:01 A.M. to 8:00 A.M., two days per week. 0
a. Installations with odd addresses shall be permitted to irrigate on Wednesday and Saturday.
b. Installations with even addresses or no address shall be permitted to irrigate on Thursday and Sunday.
3. Water use for cleaning, adjusting and repair of existing irrigation systems shall be limited to ten
minutes per zone per week.
4. Low volume irrigation uses shall be voluntarily reduced.
(d) Recreation Area Use
1. Landscape irrigation for new and existing recreation areas shall be restricted to the hours prescribed
for new and existing landscape irrigation in paragraphs (b) and (c) respectively.
2. Irrigation of seeded and/or sprigged recreation areas that have been in place for Iess than thirty days
shall be allowed daily for 5 minutes per irrigation zone from 11:30 A.M. to 12:00 P.M., 1:30 P.M. to
2:00 P.M. and 3:30 P.M. to 4:00 P.M.
3. Watering of pervious non -vegetated recreational/sporting surfaces shall be restricted to ten minutes of
application prior to each recreational/sporting event. Low volume watering shall be used.
(e) Golf Course Use
http://www.sfwmd.gov/curre/watshort/plan40E21.1itmi 12/1 /00
CHAPTER 40E-21
Page 29 of 48
1. Irrigation of greens and tees shall be voluntarily reduced and shall be accomplished during non-
aylight hours.
Irrigation of roughs and nonplaying areas on the first nine holes of the course shall be restricted to the
hours of 12:01 A. M. to 8:00 A.M. on Wednesday and Saturday.
3. Irrigation of fairways, roughs and nonplaying areas on the last nine holes of the course shall be
restricted to the hours of 12:01 A.M. to 8:00 A.M. on Thursday and Sunday.
4. Irrigation of seeded and/or sprigged areas that have been in place for less than thirty days shall be
allowed daily for 5 minutes per irrigation zone from 11:30 A.M. to 12:00 P.M., 1:30 P.M. to 2:00 P.M.
and 3:30 P.M. to 4:00 P.M.
(f) Water Based Recreation Use
I . Water based recreation water use shall be voluntarily reduced.
2. Draining of facilities into sewers or onto impervious surfaces shall be prohibited.
3. Existing facilities shall not be refilled except for makeup water, unless the facility is leaking more
than one inch of water a day. If a facility is leaking more than one inch of water a day and is in need of
repair, it may be drained onto a pervious surface for repairs and subsequently refilled.
(4) Miscellaneous
*a) Cooling and Air Conditioning Use
The use of water for cooling and air conditioning shall be restricted to that amount of water necessary to
maintain a minimum temperature of 78 degrees Fahrenheit.
(b) Dewatering Use
Discharge of fresh water to tide from dewatering shall be prohibited.
(c) Navigation Use
1. The District shall request the U. S. Army Corps of Engineers to restrict its lockages to maintain
acceptable chloride concentrations upstream of the locks and to conserve water.
2. In the case of the Franklin Lock and Dam, the District shall request the U.S. Army Corps of Engineers
to restrict lockages to once every four hours if:
a. chloride levels upstream of S-79 are 180 parts per million or higher and
b. a rainfall in excess of one inch in 24 hours is not predicted in the surface water use basin within the
next 48 hours.
3. If the restrictions imposed in subparagraph 2. are insufficient to stop the rising chloride levels, the
District shall request the U. S. Army Corps of Engineers to further restrict lockages to once every four
hours, twice per week.
http://www.sfwmd.gov/curre/watshort/plan40E21.html 12/ 1 /00
CHAPTER 40E-21
Page 30 of 48
4. If the restrictions imposed in subparagraphs 2. and 3. are still insufficient to stop the rising chloride
levels, the District shall request the U. S. Army Corps of Engineers to prohibit lockages.
d Other Outside Uses
1. Washing or cleaning streets, driveways, sidewalks, or other impervious areas with water shall be
prohibited.
2. Outside pressure cleaning shall be restricted to only low volume pressure cleaning, seven days a
week.
3. Mobile equipment washing with water shall be restricted to the hours and days prescribed for existing
landscape irrigation in paragraph (3)(c)1, using only low volume mobile equipment washing methods
and shall be conducted over a pervious surface or in an area that immediately drains to a pervious
surface. Rinsing and flushing of boats after saltwater use shall be limited to 15 minutes once a day for
each boat.
4. Washing boats that serve as a primary residence shall be restricted to the hours and days prescribed
for existing landscape irrigation in paragraph (3)(c)1. Boats with an odd slip number shall be permitted
to be washed on Wednesday and Saturday. Boats with an even slip number or no slip number shall be
permitted to be washed on Thursday and Sunday.
(e) Aesthetic Use
1. Non -recirculating outside aesthetic uses of water shall be prohibited.
2. Water use for outside aesthetic purposes by facilities that recirculate water shall be voluntarily
reduced and must meet the following criteria:
a. Draining of water from outside aesthetic facilities into sewers or onto impervious surfaces is
prohibited.
b. Outside aesthetic facilities shall not be operated when wind conditions cause water to be lost from the
recirculating capacity of the facility.
c. Outside aesthetic facilities that leak water shall not be operated.
d. Outside aesthetic facilities that lose water due to an overflow shall not be operated.
3. Inside aesthetic uses of water shall be voluntarily reduced.
Specific Authority 373.044, 373.113 F.S.
Law Implemented 373.175, 373.246 F.S.
History --New 5-31-82, Amended 1-26-86, 2-14-91.
40E-21.541 Phase III Extreme Water Shortage.
http://www.sfwmd.gov/curre/watshort/plan40E21.1itml 12/1 /00
CHAPTER 40E-21 Page 31 of 48
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.
(b) Domestic Type Use
1. Residential type domestic use shall be voluntarily reduced to 40 gallons per person per day.
2. Domestic type use in industrial and commercial establishments shall be voluntarily reduced.
(c) Water Utility Use
1. Initial pressure at the point of use (meter) shall be reduced to levels no greater than 45 pounds per
square inch. Voluntary initial pressure reductions below 45 psi shall be made consistent with the utility's
ability to maintain adequate service and fire flow pressures. Upon reduction of pressure, the utility shall
notify the appropriate fire -fighting agencies and make arrangements for direct communication when
additional pressure is required.
2. New water line flushing and disinfection shall be restricted to the hours of 7:00 P.M. to 7:00 A.M.
seven days per week.
3. As may be appropriate the utility shall institute additional voluntary conservation measures such as
reclaiming of backwash water, improving and accelerating leak detection surveys and repair programs,
installing and calibrating meters, and stabilizing and equalizing system pressures.
(d) Power Production Use
1. Water used for power production shall be voluntarily reduced.
(e) Commercial and Industrial Process Use
1. Commercial car washes shall be restricted as follows:
a. for washes servicing passenger vehicles and mobile equipment weighing less than 10,000 pounds,
i. use in excess of 75 gallons per wash shall be prohibited,
ii. use equal to or less than 75 gallons but more than 50 gallons per wash shall be restricted to the hours
of 8:00 A.M. through 3:00 P.M., and
iii. use equal to or less than 50 gallons per wash shall be voluntarily reduced;
http://www.sfwmd.gov/curre/watshort/plan40E21.html 12/1/00
CHAPTER 40E-21
Page 32 of 48
b. for washes servicing mobile equipment weighing 10,000 pounds or more,
i. use in excess of 150 gallons per wash shall be prohibited,
ii. use equal to or less than 150 gallons but more than 100 gallons per wash shall be restricted to the
hours of 8:00 A.M. through 3:00 F.M., and
iii. use equal to or less than 100 gallons per wash shall be voluntarily reduced.
2. Water used for commercial and industrial processes shall be voluntarily reduced.
3. Water use for cleaning, adjusting and repair of irrigation systems by a licensed person or entity shall
be restricted as follows:
a. projects one irrigated acre or greater in size shall be limited to one hour per acre per week,
b. projects less than one irrigated acre in size shall be limited to 10 minutes per zone per week.
4. Water use for pesticide application under the supervision of a licensed pest control operator shall be
voluntarily reduced. Under the provisions of this subparagraph, the applicator must be on the premises
when water is applied outside of the hours allowed for irrigation.
5. Water use for well development under the supervision of a licensed well contractor shall be
voluntarily reduced.
6. Water use for mobile equipment washing by a licensed person or entity shall be voluntarily reduced.
(f) Diversion and Impoundment into Non -District Facilities
1. Water used for diversion and impoundment into non -District facilities shall be voluntarily reduced.
(2) Agriculture
(a) Agricultural Use
1. Overhead irrigation shall be restricted to the hours of 7:00 F.M. to 7:00 A.M.
2. Low volume irrigation hours shall not be restricted.
3. All irrigation systems shall be operated in a manner that will maximize the percentage of water
withdrawn and held which is placed in the root zone of the crop and will minimize the amount of water
which is withdrawn and released or lost to the user but is not immediately available for other users.
4. Users having access to more than one source class shall maximize the use of the lesser or least
restricted source class.
5. Withdrawals by each user from each source class in each month shall be limited to an amount that
represents each user's share of the total allocation for agricultural irrigation made by the District from
that source for that month and in that basin. The District's allocation for agricultural irrigation will be
determined based on its evaluation of the supply capabilities of the source class, the supply capabilities
•
http://www.sfwmd.gov/curre/watsliort/plan40E21.btml 12/1/00
CHAPTER 40E-21
Page 33 of 48
of other source classes available in the area, the needs of agriculture and all 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 economic loss and equity considerations and
the acreage and quantity of withdrawals for which the user has been permitted.
6. Overhead irrigation for field grown citrus nursery stock moisture stress reduction shall be allowed
daily for 10 minutes per irrigation zone from 11:30 A.M. to 12:00 P.M., 1:30 P.M. to 2:00 P.M. and
3:30 P.M. to 4:00 P.M.
(b) Livestock Use
Livestock water use shall be voluntarily reduced.
(c) Aquacultural Use
Aquacultural water use shall be voluntarily reduced.
(d) Soil Flooding
1. Soil flooding for vegetable seed planting, rice planting, burning of sugarcane prior to harvest and to
permit harvesting of sod shall be voluntarily reduced.
2. Soil flooding for all other purposes shall be prohibited.
I* (e) Freeze Protection
Water use for freeze protection shall be restricted to situations in which official weather forecasting
services predict temperatures likely to cause permanent damage to crops.
(3) Nursery/Urban Irrigation/Recreation
(a) Nursery Use
1. Low volume irrigation uses and low volume hand watering shall be voluntarily reduced.
2. Overhead irrigation uses shall be restricted as follows:
a. inside - 8:00 A.M. to 8:00 P.M., on odd numbered days.
b. outside - 12:01 A.M. to 7:00 A.M., on odd numbered days.
c. Outside overhead irrigation for containerized nursery stock moisture stress reduction on stock grown
in containers up to and including one gallon in size shall be allowed daily for 10 minutes per irrigation
zone from 11:30 A.M. to 12:00 P.M., 1:30 P.M. to 2:00 P.M. and 3:30 P.M. to 4:00 P.M.
3. Flood irrigation systems shall be restricted to 4 days per month.
(b) Landscape Irrigation - New Installation
http://www.sfwmd.gov/curre/watshort/plan40E2 Lhtml 12/1 /00
CHAPTER 40E-21 Page 34 of 48
1. For installations which have been in place for less than 30 days and
a. less than 5 irrigated acres in size, water use for irrigation shall be restricted to the hours of 2:00 A.M.
to 7:00 A.M., Monday, Wednesday and Friday, 0
b. 5 irrigated acres or greater in size, water use for irrigation shall be restricted to the hours of 12:01
A.M. to 7:00 A.M. Monday, Wednesday and Friday.
2. Low volume irrigation and low volume hand watering of new landscaping shall be voluntarily
reduced.
3. Cleaning and adjusting of new irrigation systems shall be restricted to 10 minutes per zone on a one
time basis.
(c) Landscape Irrigation - Existing Installation
1. For existing installations less than 5 irrigated acres in size, water use for irrigation shall be restricted
to the hours from 4:00 A.M. to 7:00 A.M. for all types of irrigation, except low volume irrigation, and
5:00 P.M. to 7:00 P.M. for low volume hand watering only, one day per week.
a. Installations with odd addresses shall be permitted to irrigate on Saturday.
b. Installations with even addresses or no address shall be permitted to irrigate on Sunday.
2. For existing installations 5 irrigated acres or greater in size, water use for irrigation shall be restricted
to the hours from 12:01 A.M. to 7:00 A.M., one day per week. is
a. Installations with odd addresses shall be permitted to irrigate on Saturday.
b. Installations with even addresses or no address shall be permitted to irrigate on Sunday.
3. Water use for cleaning, adjusting and repair of existing irrigation systems shall be limited to ten
minutes per zone per week.
4. Low volume irrigation uses shall be voluntarily reduced.
(d) Recreation Area Use
1. Landscape irrigation for new and existing recreation areas shall be restricted to the hours prescribed
for new and existing landscape irrigation in paragraphs (b) and (c) respectively.
2. Watering of pervious non -vegetated recreational/sporting surfaces shall be restricted to ten minutes of
application prior to each recreational/sporting event. Low volume watering shall be used.
(e) Golf Course Use
1. Irrigation of greens shall be voluntarily reduced and shall be accomplished during non -daylight hours.
2. Irrigation of tees shall be restricted to non -daylight hours three days per week. The front nine holes
shall be restricted to Monday, Wednesday and Saturday and the back nine holes shall be restricted to
http://www.sfwmd.gov/curre/watshort/plan40E2 I .html 12/1 /00
CHAPTER 40E-21
Tuesday, Thursday and Sunday.
Page 35 of 48
rIrrigation of fairways, roughs and nonplaying areas on the first nine holes of the course shall be
estricted to the hours of 12:01 A.M. to 7:00 A.M. on Saturday.
4. Irrigation of fairways, roughs and nonplaying areas on the last nine holes of the course shall be
restricted to the hours of 12:01 A.M. to 7:00 A.M. on Sunday.
(f) Water Based Recreation Use
1. Water based recreation water use shall be voluntarily reduced.
2. Draining of facilities into sewers or onto impervious surfaces shall be prohibited.
3. Existing facilities shall not be refilled except for makeup water, unless the facility is leaking more
than one inch of water a day. If the facility is leaking more than one inch of water a day and is in need of
repair, it may be drained onto a pervious surface for repairs and subsequently refilled.
(4) Miscellaneous
(a) Cooling and Air Conditioning Use
The use of water for cooling and air conditioning shall be restricted to that amount of water necessary to
maintain a minimum temperature of 78 degrees Fahrenheit.
Ob) Dewatering Use
Discharge of fresh water to tide from dewatering shall be prohibited.
(c) Navigation Use
1. The District shall request the U. S. Army Corps of Engineers to restrict its lockages to maintain
acceptable chloride concentrations upstream of the locks and to conserve water.
2. In the case of the Franklin Lock and Dam, the District shall request the U.S. Army Corps of Engineers
to restrict lockages to once every four hours if:
a. chloride levels upstream of S-79 are 180 parts per million or higher and
b. a rainfall in excess of one inch in 24 hours is not predicted in the surface water use basin within the
next 48 hours.
3. If the restrictions imposed in subparagraph 2. are insufficient to stop the rising chloride levels, the
District shall request the U. S. Army Corps of Engineers to further restrict lockages to once every four
hours, twice per week.
4. If the restrictions imposed in subparagraphs 2. and 3. are still insufficient to stop the rising chloride
levels, the District shall request the U. S. Army Corps of Engineers to prohibit lockages.
(d) Other Outside Uses
http://www.sfwmd.gov/curre/watshort/plan40E21.1itml 12/1 /00
CHAPTER 40E-21
Page 36 of 48
1. Washing or cleaning streets, driveways, sidewalks, or other impervious areas with water shall be
prohibited.
2. Outside pressure cleaning shall be restricted to only low volume pressure cleaning, Monday through
Friday.
3. Mobile equipment washing with water shall be restricted to the hours and days prescribed for existing
landscape irrigation in paragraph (3)(c)I, using only low volume mobile equipment washing methods
and shall be conducted over a pervious surface or in an area that immediately drains to a pervious
surface. Rinsing and flushing of boats after saltwater use shall be limited to 15 minutes once a day for
each boat.
4. Washing boats that serve as a primary residence shall be restricted to the hours and days prescribed
for existing landscape irrigation in paragraph (3)(c)1. Boats with an odd slip number shall be permitted
to be washed on Saturday. Boats with an even slip number or no slip number shall be permitted to be
washed on Sunday.
(e) Aesthetic Use
1. Outside aesthetic uses of water shall be prohibited.
2. Inside aesthetic uses of water shall be prohibited.
Specific Authority 373.044, 373.113 F.S.
Law Implemented 373.175, �73.246 F.S.
History --New 5-31 -82, Amended 1-26-86, 2-14-91.
40E-21.551 Phase IV Critical Water Shortage.
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.
(b) Domestic Type Use
1. Residential type domestic use shall be voluntarily reduced to 30 gallons per person per day. #
2. Domestic type use in industrial and commercial establishments shall be voluntarily reduced to the
http://www.sfwmd.gov/curre/watshort/plan40E21.html 12/1 /00
CHAPTER 40E-21 Page 37 of 48
minimum levels necessary to preserve public health and safety.
0c) Water Utility Use
1. Initial pressure at the point of use (meter) shall be reduced to levels no greater than 45 pounds per
square inch. Voluntary initial pressure reductions below 45 psi shall be made consistent with the utility's
ability to maintain adequate service and fire flow pressures. Upon reduction of pressure, the utility shall
notify the appropriate fire -fighting agencies and make arrangements for direct communication when
additional pressure is required.
2. New water line flushing and disinfection shall be restricted to the hours of 7:00 F.M. to 7:00 A.M.
seven days per week.
3. As may be appropriate the utility shall institute additional conservation measures such as reclaiming
of backwash water, improving and accelerating leak detection surveys and repair programs, installing
and calibrating meters, and stabilizing and equalizing system pressures.
(d) Power Production Use
Water used for power production shall be voluntarily reduced.
(e) Commercial and Industrial Process Use
1. Commercial car washes shall be restricted as follows:
lea. for washes servicing passenger vehicles and mobile equipment weighing less than 10,000 pounds,
i. use in excess of 75 gallons per wash shall be prohibited,
ii. use equal to or less than 75 gallons but more than 50 gallons per wash shall be restricted to the hours
of 8:00 A.M. through 3:00 P.M., and
iii. use equal to or less than 50 gallons per wash shall be voluntarily reduced;
b. for washes servicing mobile equipment weighing 10,000 pounds or more,
i. use in excess of 150 gallons per wash shall be prohibited,
ii. use equal to or less than 150 gallons but more than 100 gallons per wash shall be restricted to the
hours of 8:00 A.M. through 3:00 P.M., and
iii. use equal to or less than 100 gallons per wash shall be voluntarily reduced.
2. Water used for commercial and industrial processes shall be voluntarily reduced.
3. Water use for cleaning, adjusting and repair of irrigation systems by a licensed person or entity shall
be restricted as follows:
0 a. projects one irrigated acre or greater in size shall be limited to one hour per acre per week,
http://www.sfwmd.gov/curre/watshort/plan40E21.html 12/1 /00
,CHAPTER 40E-21
Page 38 of 48
b. projects less than one irrigated acre in size shall be limited to 10 minutes per zone per week.
4. Water use for pesticide application under the supervision of a licensed pest control operator shall be
voluntarily reduced. Under the provisions of this subparagraph, the applicator must be on the premises
when water is applied outside of the hours allowed for irrigation.
5. Water use for well development under the supervision of a licensed well contractor shall be
voluntarily reduced.
6. Water use for mobile equipment washing by a licensed person or entity shall be voluntarily reduced.
(f) Diversion and Impoundment into Non -District Facilities
1. Water used for diversion and impoundment into non -District facilities shall be voluntarily reduced.
(2) Agriculture
(a) Agricultural Use
1. Overhead irrigation shall be restricted to the hours of 7:00 P.M. to 7:00 A.M.
2. Low volume irrigation hours shall not be restricted.
3. All irrigation systems shall be operated in a manner that will maximize the percentage of water
withdrawn and held which is placed in the root zone of the crop and will minimize the amount of water
which is withdrawn and released or lost to the user but is not immediately available for other users.
4. Users having access to more than one source class shall maximize the use of the lesser or least
restricted source class.
5. Withdrawals by each user from each source class in each month shall be limited to an amount that
represents each user's share of the total allocation for agricultural irrigation made by the District from
that source for that month and in that basin. The District's allocation for agricultural irrigation will be
determined 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 all 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 economic loss and equity considerations and
the acreage and quantity of withdrawals for which the user has been permitted.
6. Overhead irrigation for field grown citrus nursery stock moisture stress reduction shall be allowed
daily for 10 minutes per irrigation zone from 11:30 A.M. to 12:00 P.M., 1:30 P.M. to 2:00 P.M. and
3:30 P.M. to 4:00 P.M.
(b) Livestock Use
Livestock water use shall be voluntarily reduced.
(c) Aquacultural Use
http://www.sfwmd.gov/curre/watshort/plan40E21.htm] 12/1 /00
CHAPTER 40E-21
Aquacultural water use shall be voluntarily reduced.
Page 39 of 48
Od) Soil Flooding
1. Soil flooding for vegetable seed planting, rice planting, burning of sugarcane prior to harvest and to
permit harvesting of sod shall be voluntarily reduced.
2. Soil flooding for all other purposes shall be prohibited.
(e) Freeze Protection
Water use for freeze protection shall be restricted to situations in which official weather forecasting
services predict temperatures likely to cause permanent damage to crops.
(3) Nursery/Urban Irrigation/Recreation
(a) Nursery Use
1. Low volume irrigation uses and low volume hand watering shall be voluntarily reduced.
2. Overhead irrigation uses shall be restricted as follows:
a. inside - 8:00 A.M. to 4:00 P.M., on odd numbered days.
�b. outside - 2.00 A.M. to 7:00 A.M., on odd numbered days.
c. Outside overhead irrigation for containerized nursery stock moisture stress reduction on stock grown
in containers up to and including one gallon in size shall be allowed daily for 10 minutes per irrigation
zone from 11:30 A.M. to 12:00 P.M., 1:30 P.M. to 2:00 P.M. and 3:30 P.M. to 4:00 P.M.
3. Flood irrigation systems shall be restricted to 2 days per month.
(b) Landscape Irrigation - New Installation
1. For installations which have been in place for less than 30 days and
a. less than 5 irrigated acres in size, water use for irrigation shall be restricted to the hours of 6:00 A.M.
to 7:00 A.M., Saturday.
b. 5 irrigated acres or greater in size, water use for irrigation shall be restricted to the hours of 4:00 A.M.
to 7:00 A.M., Saturday.
2. Low volume irrigation and low volume hand watering of new landscaping shall be restricted to
Monday, Wednesday and Friday.
3. Cleaning and adjusting of new irrigation systems shall be prohibited.
I* (c) Landscape Irrigation - Existing Installation
http://www.sfwmd.gov/curre/watshort/plan40E2 Lhtml 12/1 /00
CHAPTER 40E-21
Page 40 of 48
1. For existing installations less than 5 irrigated acres in size, water use for irrigation shall be restricted
to the hours from 6:00 A.M. to 7:00 A.M. for all types of irrigation, except low volume irrigation, and
5:00 P.M. to 7:00 P.M. for low volume hand watering only, one day per week. 0
a. Installations with odd addresses shall be permitted to irrigate on Saturday.
b. Installations with even addresses or no address shall be permitted to irrigate on Sunday.
2. For existing installations 5 irrigated acres or greater in size, water use for irrigation shall be restricted
to the hours from 4:00 A.M. to 7:00 A.M., one day per week.
a. Installations with odd addresses shall be permitted to irrigate on Saturday.
b. Installations with even addresses or no address shall be penmitted to irrigate on Sunday.
3. Low volume irrigation uses shall be restricted to Monday, Wednesday and Friday.
(d) Recreation Area Use
1. Landscape irrigation for new and existing recreation areas shall be restricted to the hours prescribed
for new and existing landscape irrigation in paragraphs (b) and (c) respectively.
2. Watering of pervious non -vegetated recreational/sporting surfaces shall be restricted to ten minutes of
application prior to each recreational/sporting event. Low volume watering shall be used.
(e) Golf Course Use 0
1. Irrigation of greens shall be voluntarily reduced and shall be accomplished during non -daylight hours.
2. Irrigation of tees shall be restricted to non -daylight hours one day per week. The front nine holes shall
be restricted to Saturday and the back nine holes shall be restricted to Sunday.
3. Irrigation of fairways, roughs and nonplaying areas on the first nine holes of the course shall be
restricted to the hours of 4:00 A.M. to 7:00 A.M. on Saturday.
4. Irrigation of fairways, roughs and nonplaying areas on the last nine holes of the course shall be
restricted to the hours of 4:00 A.M. to 7:00 A.M. on Sunday.
(f) Water Based Recreation Use
Water based recreation water use shall be restricted, as follows:
1. Draining of facilities into sewers or onto impervious surfaces shall be prohibited.
2. Filling of new or existing facilities shall be prohibited.
3. Use of makeup water shall be prohibited.
(4) Miscellaneous
http://www.sfwmd.gov/curre/watshort/plan40E2 I.htmI 12/l /00
CHAPTER 40E-21
(a) Cooling and Air Conditioning Use
Page 41 of 48
1. The use of water for cooling and air conditioning shall be restricted to that amount of water necessary
to maintain a minimum temperature of 78 degrees Fahrenheit.
2. Cooling and air conditioning systems shall not discharge water to tide.
3. Reuse of water shall be required.
(b) Dewatering Use
Discharge of fresh water to tide from dewatering shall be prohibited.
(c) Navigation Use
1. The District shall request the U. S. Army Corps of Engineers to restrict its lockages to maintain
acceptable chloride concentrations upstream of the locks and to conserve water.
2. In the case of the Franklin Lock and Dam, the District shall request the U.S. Army Corps of Engineers
to restrict lockages to once every four hours if:
a. chloride levels upstream of S-79 are 180 parts per million or higher and
b. a rainfall in excess of one inch in 24 hours is not predicted in the surface water use basin within the
next 48 hours.
3. If the restrictions imposed in subparagraph 2. are insufficient to stop the rising chloride levels, the
District shall request the U. S. Army Corps of Engineers to further restrict lockages to once every four
hours, twice per week.
4. If the restrictions imposed in subparagraphs 2. and 3. are still insufficient to stop the rising chloride
levels, the District shall request the U. S. Army Corps of Engineers to prohibit lockages.
(d) Other Outside Uses
1. Washing or cleaning streets, driveways, sidewalks, or other impervious areas with water shall be
prohibited.
2. Outside pressure cleaning shall be restricted to only low volume pressure cleaning, Monday and
Wednesday.
3. Mobile equipment washing with water shall be restricted to the hours and days prescribed for existing
landscape irrigation in paragraph (3)(c)l, using only low volume mobile equipment washing methods
and shall be conducted over a pervious surface or in an area that immediately drains to a pervious
surface. Rinsing and flushing of boats after saltwater use shall be limited to 15 minutes once a day for
each boat.
4. Washing boats that serve as a primary residence shall be restricted to the hours and days prescribed
for existing landscape irrigation in paragraph (3)(c)1. Boats with an odd slip number shall be permitted
to be washed on Saturday. Boats with an even slip number or no slip number shall be permitted to be
http://www.sfwmd.gov/curre/watshort/plan40E21.html 12/1 /00
CHAPTER 40E-21
Page 42 of 48
washed on Sunday.
(e) Aesthetic Use
1.Outside aesthetic uses of water shall be prohibited.
2. Inside aesthetic uses of water shall be prohibited.
Specific Authority 373.044, 373.113 F.S.
Law Implemented 373.175, 373.246 F.S.
History --New 5-31-82, Amended 1-26-86, 2-14-91.
PART VI THE CLASSIFICATION SYSTEM
40E-21.611 Classification System.
Unless the emergency provisions of part III of this chapter are invoked, water users are regulated by
class under the provisions of this water shortage plan. The rules in this part establish the classification
system which provides the basis for distinguishing among different user classes. Under the system, each
water user is classified according to source, use and method of withdrawal.
Specific Authority 373.044, 373.113 F.S.
Law Implemented 373.175, 373.246 F.S.
History --New 5-31-82.
40E-21.631 Source Classes.
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. 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)
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:
•
http://www.sfwmd.gov/curre/watshort/plan40E21.html 12/1 /00
,CHAPTER 40E-21
Water Conservation Areas/Everglades National Park Water Use Basin
Page 43 of 48
10(b) Lower East Coast (see Figure 21-3)
The water use basins in this area are directly supplied with surface water from the Water Conservation
Areas or the M Canal. The following surface water use basins are included in the area:
1. Interior Palm Beach County Water Use Basin
2. Loxahatchee River Water Use Basin
3. C-18 Water Use Basin
4. North Palm Beach County Water Use Basin
5. M Canal Water Use Basin
6. Water Conservation Area 1 West Palm Beach Canal Water Use Basin
7. Water Conservation Area 2 Water Use Basin
8. Water Conservation Area 3 Water Use Basin
9. South Dade Water Use Basin
I* (c) Lake Okeechobee (see Figure 21-4)
The surface water use basins in this area are directly supplied with surface water from Lake
Okeechobee. The following surface water use basins are included in the area:
1. Everglades Agricultural Area Water Use Basin
2. Caloosahatchee River Water Use Basin
3. St. Lucie River Water Use Basin
4. Lakeshore Perimeter Water Use Basin
(d) Upper East Coast (see Figure 21-5)
The surface water use basins in this area are directly supplied from local surface waters. The following
surface water use basins are included in the area:
1. St. Lucie County Agricultural Area Water Use Basin
2. Coastal St. Lucie County Water Use Basin
0 3. Port St. Lucie Water Use Basin
http://www.sfwmd.gov/curre/watshort/plan40E2 Lhtml 12/1 /00
CHAPTER 40E-21
Page 44 of 48
4. Northwest Martin County Water Use Basin
5. South Coastal Martin County Water Use Basin
6: North Coastal Martin County Water Use Basin
7, West Coastal Martin County Water Use Basin
8. Stuart Peninsula Water Use Basin
9. Interior Martin County Water Use Basin
10. Northwest Loxahatchee River Water Use Basin
(e) Kissimmee (see Figure 21-6)
The surface water use basins in this area are directly supplied with surface water from the West Chain of
Lakes, the Upper Chain of Lakes and the Kissimmee River. The following surface water use basins are
included in the area:
1. West Chain of Lakes Water Use Basin
2. Upper Chain of Lakes Water Use Basin
3. Kissimmee River Valley Water Use Basin •
4. Taylor Creek -Nubbin Slough Water Use Basin
(f) Indian Prairie (see Figure 21-7)
The surface water use basins in this are directly supplied with surface water from Lake Istokpoga and
Fisheating Creek or associated surface water bodies. The following surface water use basins are
included in the area:
1. Indian Prairie Water Use Basin
2. Fisheating Creek Water Use Basin
(g) Lower West Coast (see Figure 21-8)
The surface water use basins in this area are directly supplied from local surface waters. The following
surface water use basins are included in the area:
1. Caloosahatchee River Watershed - North, Water Use Basin
2. Caloosahatchee River Watershed - South, Water Use Basin
3. South Hendry County/L-28 Gap Water Use Basin
http://www.sfwmd.gov/curre/watsliort/plan4OE21.html 12/1/00
CHAPTER 40E-21
Page 45 of 48
4. Big Cypress Preserve Water Use Basin
0. Fakahatchee North Water Use Basin
6. Fakahatchee South Water Use Basin
7. Coastal Collier County Water Use Basin
(2) Groundwater Sources.
Groundwater sources are classified based on the available hydrologic information, and the restricted area
may include aquifers underlying all or part of a county, municipality, surface water basin or utility
service area, as follows:
(a) Water table aquifers.
Groundwaters directly recharged by surface waters and rainfall are classified according to the surface
water use basin within which they are located. The titles and boundaries described in subsection (1) shall
apply.
(b) Confined and semiconfined aquifers.
Groundwaters not directly recharged by surface waters and rainfall are classified as follows:
01. Potable Floridan Aquifer.
2. Non -Potable Floridan Aquifer.
3. Sandstone Aquifer.
4, Upper Hawthorn Aquifer.
5. Suwannee Aquifer.
6. Lower Hawthorn Aquifer,
7. Other artesian or leaky artesian aquifers.
(c) Figures 21-2 through 21-8 list the water table, confined and semiconfined aquifers generally found
within each surface water use basin. Adjacent areas which are supplied from a restricted groundwater
source may also be included in the restricted area.
Specific Authority 373.044, 373.113 F.S.
Law Implemented 373.175, 373.246 F.S.
Histor,, y--New 5-31-82, Amended 1-26-86, 2-14-91.
http://www.sfwmd.gov/curre/watshorUplan40E21.1itml 12/1 /00
.CHAPTER 40E-21
Page 46 of 48
40E-21.651 Use Classes.
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 including, but not limited
to, maintaining structural integrity, providing agricultural water and other non -recreational, non -
aesthetic uses.
(2) Agriculture
(a) "Agricultural use" means the use of water for the commercial production of crops or the growing of
farm products including but not limited to vegetables, citrus and tropical fruits, pasture, nursery stock,
sugar cane, rice and sod.
(b) "Livestock use" means the use of water for drinking by or washing of livestock.
(c) "Aquacultural use" means the use of water for the spawning, cultivating, harvesting or marketing of
domesticated fin -fish, shellfish, crustaceans, frogs, turtles, alligators and other aquatic organisms that
have a sport or other economic value.
(d) "Soil flooding" means use of water for raising of water levels on agricultural lands for purposes not
directly related to crop growth including but not limited to soil preservation crop harvesting and pest
control. •
(e) "Freeze protection" means the periodic and infrequent use of water to protect agricultural and
http://www.sfwmd.gov/curre/watsbort/plan40E21.1itml 12/1 /00
, CHAPTER 40E-21
Page 47 of 48
crops from permanent damage due to low temperatures. This action would be taken in response to
forecasts of freezing temperatures by official weather forecasting services.
0(3) Nursery/Urban Irrigation/Recreation
(a) "Nursery use" means the use of water on premises on or in which is nursery stock grown, propagated
or held for sale or distribution or sold or reshipped.
(b) "Landscape irrigation -new installation" means the outside watering or sprinkling of shrubbery, trees,
lawns, grass, ground covers, plants, vines, gardens and other such flora which have been planted for less
than 30 days and are situated in such diverse locations as residential landscaping, parks, cemeteries,
public, commercial and industrial establishments, public medians and rights of way.
(c) "Landscape irrigation - existing installation" means the outside watering or sprinkling of shrubbery,
trees, lawns, grass, ground covers, plants, vines, gardens and other such flora which are planted and
established and are situated in such diverse locations as residential landscapings, recreation areas,
cemeteries, public, commercial and industrial establishments, public medians and rights of way.
(d) "Recreation area use" means the use of water for the maintenance and support of intensive
recreational areas such as but not limited to playgrounds, football, baseball, and soccer fields, polo
fields, tennis courts, race tracks and school playgrounds.
(e) "Golf course use" means water used to irrigate an establishment designed and used for playing golf.
(f) "Water based recreation use" means water used for public or private spas, swimming pools and
wading pools, including water slides. This term does not include pools specifically maintained to
provide habitat for aquatic life.
(4) Miscellaneous
(a) "Cooling and air conditioning use" means the use of water for industrial cooling or for air
conditioning.
(b) "Dewatering use" means the removal of water from a specific area to facilitate mining or
construction.
(c) "Navigation use" means water discharged from ground or surface sources either to tidewater or to
downstream lakes or reaches of rivers or canals for the purpose of permitting or promoting boating
activity.
(d) "Other outside uses" means the use of water outdoors for the maintenance, cleaning and washing of
structures and mobile equipment including automobiles and the washing of streets, driveways, sidewalks
and similar areas.
(e) "Aesthetic use" means the use of water for fountains, waterfalls, and landscape lakes and ponds
where such uses are entirely ornamental and decorative and serve no other functional purpose.
(5) The Board may establish such additional use classifications as it deems necessary.
Specific Authority 373.044, 373.113 F.S.
http://www.sfwmd.gov/curre/watshort/plan40E21.html 12/1/00
CHAPTER 40E-21
Page 48 of 48
Law Implemented 373.175, 373.246 F.S.
History --New 5-31-82, Amended 2-14-91.
40E-21.671 Method of Withdrawal Classes.
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
(2) Ground waters:
(a) artesian well
(b) pumped well
(c) infiltration gallery
Specific Authority 373.044, 373.113 F.S.
Law Implemented 373.175, 373.246 F.S.
History --New 5-31-82.
Watershortage home 11 SFWMD Service Centers 11 Related Sites
For More Information Call 800-662-8876
who to contact • site map • search • webmaster • site design • home
Use of information herein constitutes acceptance of ourdisclaimer.
•
•
•
http://www.sfwmd.gov/curre/watshort/plan40E21.htmi 12/1 /00