Florida Regulations 40A-2.802: Water Resource Caution Areas
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The Governing Board designates the following areas as Water Resource Caution Areas. Designated Water Resource Caution Areas within the District are identified in Figures 2-2 and 2-3.
(1) Santa Rosa, Okaloosa, and Walton Counties.
The District has determined that the coastal area of Santa Rosa, Okaloosa, and Walton counties has limited potable water resources, are experiencing increasing water use demands and significant reductions in groundwater levels, and will potentially have to use advanced treatment technology, or the importation of water to meet future demands. To address the expanding demands and continued depletion of the area’s limited potable water resources, the Board hereby declares the area south of the Eglin Air Force Base in Santa Rosa, Okaloosa, and Walton counties, also the area extending south of SR-20 to the Bay County Line in Walton County, as a Water Resource Caution Area (See Figure 2-2). By means of this designation the following criteria are stipulated:
(a) An Individual Water Use Permit is required for all non-exempt groundwater withdrawals that are not granted a General Water Use Permit by rule in subsection 40A-2.061(6) or (7), F.A.C. The only exempt withdrawals are those designated in Fl. Admin. Code R. 40A-2.051;
(b) New and expanded uses of the Floridan Aquifer System for golf course, recreation, or landscape irrigation, or other non-potable uses, are determined not to be consistent with the public interest and are prohibited by the Board. However, the Governing Board shall consider the granting of an exemption to provide for the issuance of an Individual Water Use Permit if the following conditions are met:
1. A written exemption request is submitted as part of the permit application;
2. The use of reclaimed water is determined not to be economically, environmentally or technically feasible;
3. A commitment is provided by the applicant to utilize reclaimed water when determined feasible and to abandon and plug any Floridan Aquifer System well(s) at the time reclaimed water is utilized;
4. Hydrological data is submitted which demonstrates that no other source of ground or surface water can be utilized for the proposed use;
5. Water of the lowest acceptable quality available will be utilized for the proposed use;
6. Water conservation measures are identified that will be implemented at the time of authorization, and over the duration of the permit, to encourage and promote water conservation and efficiency in the use of the area’s water resources (conservation measures shall specifically provide for the reduction of irrigation water uses when applicable);
7. An undue economic hardship will threaten the livelihood of the applicant if the exemption request is not granted or if the applicant has to obtain water from a public water supply system; and
8. The request is determined reasonable-beneficial, and in the public interest and will not interfere with any existing legal uses.
(c) As authorized by Florida Statutes § 373.219, to ensure water use is consistent with the overall objectives of the District, permits granted to public water supply utilities within the Water Resource Caution Area shall be conditioned to require the submittal of water conservation plans, programs, and measures which shall be evaluated on their effectiveness to reduce water use demand and promote the efficient use of the area’s water supplies.
1. The plans, programs, and measures will be reviewed specifically for standards and implementation schedules intended to reduce annual average residential per capita water consumption to 110 gallons per day through such actions as adoption of water conservation-based rate structures, reduction of leaks to 10 percent or less of the water withdrawn, implementation of water conservation public education programs, etc.
2. Water conservation plans, programs, and measures developed by local governments operating water supply utilities will also be reviewed to determine if a Florida-friendly landscape ordinance meeting the requirements of Sections 373.185(2)(a)-(f), F.S., and an ordinance requiring the installation of a rain/moisture sensor cutoff device on automatic irrigation systems pursuant to Florida Statutes § 373.62, have been adopted.
3. Utilities operating wastewater treatment plants shall include in the plan an analysis of the economic, environmental, and technical feasibility of providing reclaimed water for reuse within five years and of providing total reuse of reclaimed water within 20 years.
(d) Public water supply systems shall be required to actively participate and aid in the implementation of the goals and plans of the Walton-Okaloosa-Santa Rosa Regional Utility Authority.
(e) Golf course and industrial users which withdraw water from the Floridan Aquifer System shall be required to develop, adopt, and implement water conservation plans and measures to encourage and promote water conservation and efficiency in the use of the area’s water supplies, and to utilize reclaimed water if determined to be economically, environmentally, and technically feasible.
(2) Upper Telogia Creek Drainage Basin, Gadsden County.
The District has determined that areas of Gadsden County have experienced reductions in water supplies and have experienced continued competition for the available water resources. Water use within portions of the County, if not properly managed, has the potential of negatively impacting the water resources, the economic base, and the agricultural industry of the County; as well as, public supply and domestic well users. To provide for the comprehensive management of the water supplies within a portion of Gadsden County, the Board hereby declares the Upper Telogia Creek Drainage Basin located within Gadsden County, Florida, as determined by United States Geological Survey 7.5 Minute Topographic Maps named, “”Gretna””, “”Sycamore,”” and “”Mt. Pleasant””, a Water Resource Caution Area (Figure 2-3). By means of this designation the following criteria are stipulated:
(a) An Individual Water Use Permit is required for all non-exempt groundwater withdrawals that are not granted a General Water Use Permit by rule in subsection 40A-2.061(5), F.A.C. The only exempt withdrawals are those designated by Fl. Admin. Code R. 40A-2.051;
(b) As authorized by Florida Statutes § 373.219, to ensure water use is consistent with the overall objectives of the District, permits granted to public water supply utilities within the Water Resource Caution Area shall be conditioned to require the submittal of water conservation plans, programs, and measures which shall be evaluated on their effectiveness to reduce water use demands and promote water reuse and the efficient use of the area’s water supplies. Utilities which are presently treating wastewater, or which will treat wastewater in the future, shall include in the plan an analysis of the economic, environmental and technical feasibility of providing reclaimed water for reuse within five years, and of providing total reuse of reclaimed water within 20 years; and
(d) Golf course and industrial users which shall be required to develop, adopt, and implement water conservation plans and measures to encourage and promote water conservation and efficiency in the use of the area’s water supplies, and to utilize reclaimed water if it is determined to be economically, environmentally, and technically feasible.
The District has determined that the coastal area of Santa Rosa, Okaloosa, and Walton counties has limited potable water resources, are experiencing increasing water use demands and significant reductions in groundwater levels, and will potentially have to use advanced treatment technology, or the importation of water to meet future demands. To address the expanding demands and continued depletion of the area’s limited potable water resources, the Board hereby declares the area south of the Eglin Air Force Base in Santa Rosa, Okaloosa, and Walton counties, also the area extending south of SR-20 to the Bay County Line in Walton County, as a Water Resource Caution Area (See Figure 2-2). By means of this designation the following criteria are stipulated:
(a) An Individual Water Use Permit is required for all non-exempt groundwater withdrawals that are not granted a General Water Use Permit by rule in subsection 40A-2.061(6) or (7), F.A.C. The only exempt withdrawals are those designated in Fl. Admin. Code R. 40A-2.051;
(b) New and expanded uses of the Floridan Aquifer System for golf course, recreation, or landscape irrigation, or other non-potable uses, are determined not to be consistent with the public interest and are prohibited by the Board. However, the Governing Board shall consider the granting of an exemption to provide for the issuance of an Individual Water Use Permit if the following conditions are met:
1. A written exemption request is submitted as part of the permit application;
2. The use of reclaimed water is determined not to be economically, environmentally or technically feasible;
3. A commitment is provided by the applicant to utilize reclaimed water when determined feasible and to abandon and plug any Floridan Aquifer System well(s) at the time reclaimed water is utilized;
4. Hydrological data is submitted which demonstrates that no other source of ground or surface water can be utilized for the proposed use;
5. Water of the lowest acceptable quality available will be utilized for the proposed use;
6. Water conservation measures are identified that will be implemented at the time of authorization, and over the duration of the permit, to encourage and promote water conservation and efficiency in the use of the area’s water resources (conservation measures shall specifically provide for the reduction of irrigation water uses when applicable);
7. An undue economic hardship will threaten the livelihood of the applicant if the exemption request is not granted or if the applicant has to obtain water from a public water supply system; and
8. The request is determined reasonable-beneficial, and in the public interest and will not interfere with any existing legal uses.
(c) As authorized by Florida Statutes § 373.219, to ensure water use is consistent with the overall objectives of the District, permits granted to public water supply utilities within the Water Resource Caution Area shall be conditioned to require the submittal of water conservation plans, programs, and measures which shall be evaluated on their effectiveness to reduce water use demand and promote the efficient use of the area’s water supplies.
1. The plans, programs, and measures will be reviewed specifically for standards and implementation schedules intended to reduce annual average residential per capita water consumption to 110 gallons per day through such actions as adoption of water conservation-based rate structures, reduction of leaks to 10 percent or less of the water withdrawn, implementation of water conservation public education programs, etc.
2. Water conservation plans, programs, and measures developed by local governments operating water supply utilities will also be reviewed to determine if a Florida-friendly landscape ordinance meeting the requirements of Sections 373.185(2)(a)-(f), F.S., and an ordinance requiring the installation of a rain/moisture sensor cutoff device on automatic irrigation systems pursuant to Florida Statutes § 373.62, have been adopted.
3. Utilities operating wastewater treatment plants shall include in the plan an analysis of the economic, environmental, and technical feasibility of providing reclaimed water for reuse within five years and of providing total reuse of reclaimed water within 20 years.
(d) Public water supply systems shall be required to actively participate and aid in the implementation of the goals and plans of the Walton-Okaloosa-Santa Rosa Regional Utility Authority.
(e) Golf course and industrial users which withdraw water from the Floridan Aquifer System shall be required to develop, adopt, and implement water conservation plans and measures to encourage and promote water conservation and efficiency in the use of the area’s water supplies, and to utilize reclaimed water if determined to be economically, environmentally, and technically feasible.
(2) Upper Telogia Creek Drainage Basin, Gadsden County.
The District has determined that areas of Gadsden County have experienced reductions in water supplies and have experienced continued competition for the available water resources. Water use within portions of the County, if not properly managed, has the potential of negatively impacting the water resources, the economic base, and the agricultural industry of the County; as well as, public supply and domestic well users. To provide for the comprehensive management of the water supplies within a portion of Gadsden County, the Board hereby declares the Upper Telogia Creek Drainage Basin located within Gadsden County, Florida, as determined by United States Geological Survey 7.5 Minute Topographic Maps named, “”Gretna””, “”Sycamore,”” and “”Mt. Pleasant””, a Water Resource Caution Area (Figure 2-3). By means of this designation the following criteria are stipulated:
(a) An Individual Water Use Permit is required for all non-exempt groundwater withdrawals that are not granted a General Water Use Permit by rule in subsection 40A-2.061(5), F.A.C. The only exempt withdrawals are those designated by Fl. Admin. Code R. 40A-2.051;
(b) As authorized by Florida Statutes § 373.219, to ensure water use is consistent with the overall objectives of the District, permits granted to public water supply utilities within the Water Resource Caution Area shall be conditioned to require the submittal of water conservation plans, programs, and measures which shall be evaluated on their effectiveness to reduce water use demands and promote water reuse and the efficient use of the area’s water supplies. Utilities which are presently treating wastewater, or which will treat wastewater in the future, shall include in the plan an analysis of the economic, environmental and technical feasibility of providing reclaimed water for reuse within five years, and of providing total reuse of reclaimed water within 20 years; and
(d) Golf course and industrial users which shall be required to develop, adopt, and implement water conservation plans and measures to encourage and promote water conservation and efficiency in the use of the area’s water supplies, and to utilize reclaimed water if it is determined to be economically, environmentally, and technically feasible.
Rulemaking Authority 373.044, 373.171, 373.223 FS. Law Implemented 373.219, 373.223, 373.250 FS. History-New 8-1-89, Amended 5-31-92, 11-1-93, 10-1-95, 5-29-14.