(1) Water shortage restrictions will be imposed as required by District rules on the direct or indirect withdrawals from a MFL water body if a MFL exceedance occurs or is projected to occur during climatic conditions more severe than a 1 in 10 year drought, to the extent consumptive uses contribute to such exceedance. Under these circumstances, the District will equitably distribute available supplies to prevent serious harm to the water resources, pursuant to Sections 373.175 and 373.246, F.S., and the District’s Water Shortage Plan, Fl. Admin. Code Chapter 40E-21 The Water Shortage Plan utilizes a phased cutback approach with the severity of use restrictions increasing commensurate with increased potential for serious harm to the water resources.
    (2) Water shortage restrictions will not be used in place of a component in an approved recovery plan to provide hydrologic benefits that are ultimately to be provided by such recovery strategy.
    (3) MFL criteria will not be utilized to trigger water shortage restrictions during climatic conditions less severe than a 1 in 10 year level of drought.
    (4) Water shortage restrictions will be implemented considering the factors in Fl. Admin. Code Chapter 40E-21, and this rule. In declaring a water shortage to protect a MFL water body, the governing board shall give consideration to:
    (a) The level of drought;
    (b) Whether the MFL criteria will be or is being exceeded due to direct or indirect withdrawals;
    (c) The magnitude of the impact on the MFL water body, including water resource functions addressed by the MFL, from such withdrawals;
    (d) The magnitude of the regional hydrologic improvements projected to be derived from the proposed cutbacks;
    (e) Water management actions significantly contributing to the MFL exceedance; and
    (f) The practicality of using other methods, such as deliveries of water from the regional system, to reduce MFL exceedances.
    (5) The establishment and implementation of MFLs shall not limit the District’s ability to impose water shortage restrictions pursuant to Sections 373.175 and 373.246, F.S., and the District’s Water Shortage Plan, Fl. Admin. Code Chapter 40E-21, when water levels in a MFL water body are above an established MFL, nor shall it limit the District’s ability to allow for the discharge or withdrawal of water from a MFL water body, when water levels are below an established MFL.
    (6) Phase III water shortage restrictions may be imposed, consistent with the factors herein, when a MFL criteria exceedance or violation is imminent. Phase III or greater water shortage restrictions shall be implemented allowing for a shared adversity between continuing consumptive use and water resource needs.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.042, 373.0421, 373.175, 373.246 FS. History-New 9-10-01.