Florida Regulations 40D-21.231: Declaring a Water Shortage
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(1) The Board will declare Water Shortages and issue water use restrictions and other required actions as set forth in this chapter. The geographic area covered by a Water Shortage declaration will include all or part of the ground or surface water basin(s) within which the affected source of water lies, as well as areas that are supplied water from the affected source. The Board will simplify the boundaries of the area subject to a Water Shortage declaration by using a major road or local government boundary so long as it is significantly consistent with the actual affected area.
(2) In considering whether to declare a Water Shortage, the Board shall consider the effect of any local responses to local water supply concerns, including: implementation of local water shortage management actions, use of any applicable system-to-system interconnection and the actions of any applicable Water Supply Authority.
(3) The Board will declare a Water Shortage for a source or Source Class not presently experiencing a Water Shortage if usage from such a source or Source Class can be reasonably expected to impact the present and anticipated available water supply from the source or Source Class currently experiencing a shortage.
(4) The Board will declare a Water Shortage for geographic areas not presently experiencing a Water Shortage if usage in such areas can be reasonably expected to impact the present and anticipated available water supply for an affected area. For example, a Water Shortage may be declared for an otherwise unaffected area that contains the alternative supply or emergency supplementation source for an affected area.
(5) When considering whether to declare a Water Shortage which would encompass a specific geographic area that includes less than all of a local government’s jurisdiction, because it is only partially within the District’s boundaries, the District will coordinate Water Shortage declarations with the applicable water management district so that, where practical, only one set of Lawn and Landscape irrigation restrictions in will be in effect within the boundaries of that local government.
(6) When considering whether to declare a Water Shortage which would be limited to either a specific geographic area or a specific water source such that local governments within a particular county or Water Supply Authority would be affected differently by the declaration, the District will consult with the applicable local governments and Water Supply Authority to the extent practical. The purpose of this consultation is to help determine whether to simplify, reduce or broaden the Water Shortage declaration boundaries in accordance with subsections 40D-21.231(1)-(4), F.A.C.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History-New 11-19-84, Amended 7-2-86, 4-9-06, 1-8-08, 7-5-12.
Terms Used In Florida Regulations 40D-21.231
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(3) The Board will declare a Water Shortage for a source or Source Class not presently experiencing a Water Shortage if usage from such a source or Source Class can be reasonably expected to impact the present and anticipated available water supply from the source or Source Class currently experiencing a shortage.
(4) The Board will declare a Water Shortage for geographic areas not presently experiencing a Water Shortage if usage in such areas can be reasonably expected to impact the present and anticipated available water supply for an affected area. For example, a Water Shortage may be declared for an otherwise unaffected area that contains the alternative supply or emergency supplementation source for an affected area.
(5) When considering whether to declare a Water Shortage which would encompass a specific geographic area that includes less than all of a local government’s jurisdiction, because it is only partially within the District’s boundaries, the District will coordinate Water Shortage declarations with the applicable water management district so that, where practical, only one set of Lawn and Landscape irrigation restrictions in will be in effect within the boundaries of that local government.
(6) When considering whether to declare a Water Shortage which would be limited to either a specific geographic area or a specific water source such that local governments within a particular county or Water Supply Authority would be affected differently by the declaration, the District will consult with the applicable local governments and Water Supply Authority to the extent practical. The purpose of this consultation is to help determine whether to simplify, reduce or broaden the Water Shortage declaration boundaries in accordance with subsections 40D-21.231(1)-(4), F.A.C.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History-New 11-19-84, Amended 7-2-86, 4-9-06, 1-8-08, 7-5-12.