Florida Regulations 40A-21.331: Declaring a Water Shortage Emergency
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(1) The District shall monitor the condition of the water resources of the District and the needs of the users as provided in Fl. Admin. Code R. 40A-21.401, 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) Current data shall be evaluated to determine whether the present or anticipated water use demand of any user or class of users and the estimated present and anticipated available water supply will be insufficient for the protection of the public health, safety or welfare, or the health of animals, fish or aquatic life, a public water supply, or the minimum needs of commercial, industrial, agricultural, or other reasonable-beneficial uses.
(a) The present and anticipated available water supply shall be estimated. Factors that shall be considered include:
1. Those factors listed in Fl. Admin. Code R. 40A-21.221;
2. The ability to obtain water from other users;
3. The ability to obtain water from another source class; and
4. Other factors affecting the present and anticipated available water supply of a user.
(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 or other reasonable-beneficial uses shall be evaluated. Factors that shall be considered include:
1. Those factors listed in Fl. Admin. Code R. 40A-21.221;
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 recommendations of its elected officials; and
5. Factors relating to public health, safety and welfare.
(3) If the provisions of a water shortage declaration 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, or other reasonable-beneficial uses, then the Executive Director, with the concurrence of the Governing Board, may declare a water shortage emergency for the affected users.
(4) If a water shortage emergency is declared for a class or classes of users, the Executive Director, with the concurrence of the Governing Board, shall define the restrictions needed to alleviate the emergency.
(5) The declaration of a water shortage emergency by the Executive Director, as provided in subsection 40A-21.331(3), F.A.C., shall be ratified, modified or rescinded by the Board at its next scheduled meeting.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.119, 373.175, 373.246 FS. History-New 3-29-92.
(a) The present and anticipated available water supply shall be estimated. Factors that shall be considered include:
1. Those factors listed in Fl. Admin. Code R. 40A-21.221;
2. The ability to obtain water from other users;
3. The ability to obtain water from another source class; and
4. Other factors affecting the present and anticipated available water supply of a user.
(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 or other reasonable-beneficial uses shall be evaluated. Factors that shall be considered include:
1. Those factors listed in Fl. Admin. Code R. 40A-21.221;
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 recommendations of its elected officials; and
5. Factors relating to public health, safety and welfare.
(3) If the provisions of a water shortage declaration 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, or other reasonable-beneficial uses, then the Executive Director, with the concurrence of the Governing Board, may declare a water shortage emergency for the affected users.
(4) If a water shortage emergency is declared for a class or classes of users, the Executive Director, with the concurrence of the Governing Board, shall define the restrictions needed to alleviate the emergency.
(5) The declaration of a water shortage emergency by the Executive Director, as provided in subsection 40A-21.331(3), F.A.C., shall be ratified, modified or rescinded by the Board at its next scheduled meeting.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.119, 373.175, 373.246 FS. History-New 3-29-92.