Florida Regulations 40B-2.021: Definitions
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(1) “”Alternative Water Supplies”” means saltwater; brackish surface and ground water; surface water captured primarily during wet-weather flows; sources made available through the addition of new storage capacity for surface or ground water; water that has been reclaimed after one or more public supply, municipal, industrial, commercial, or agricultural uses; the downstream augmentation of water bodies with reclaimed water; storm water and any other water supply sources that are designated as non-traditional for a water supply planning region in the applicable regional water supply plan.
(2) “”Average Daily Rate of Withdrawal (ADR)”” means the volume of water withdrawn during 365 consecutive days divided by 365, expressed in million gallons per day. The total volume may be calculated using historical data or projected based on the best available information.
(3) “”Basin,”” as used in the context of interbasin transfer, means those major river basin areas delineated on Map Series Number 72, published by the Florida Department of Natural Resources, Bureau of Geology, 1975, down to the accounting unit level of recognition. The best information available shall be used to precisely define basin boundaries.
(4) “”Existing Legal Use”” means all uses of water which are exempt under Florida Statutes Chapter 373, or Fl. Admin. Code Chapter 40B-2, or which have a valid Florida Statutes Chapter 373, Part II, permit.
(5) “”Harm”” means when a use, diversion, or withdrawal causes adverse impact to an existing legal use of water, offsite land use, water resource, or environmental feature associated with the water resource.
(6) “”Minimum Flows and Levels”” means the minimum flow for a watercourse or the minimum water level for ground water in an aquifer or the minimum water level for a surfacewater body that is the limit at which further withdrawals would be significantly harmful to the water resources or ecology of the area. These levels have been established by the District for designated water bodies in Fl. Admin. Code Chapter 40B-8
(7) “”Public Interest”” means those broad-based interests and concerns that are collectively shared by members of a community or residents of the District or the State.
(8) “”Reasonable-beneficial Use”” means the use of water in such quantity as is necessary for economic and efficient consumption for a purpose and in a manner which is both reasonable and consistent with the public interest.
(9) “”Water”” or “”Waters in the State”” means any and all water on or beneath the surface of the ground or in the atmosphere, including natural or artificial watercourses, lakes, ponds, or diffused surface water and water percolating, standing, or flowing beneath the surface of the ground, as well as all coastal waters within the jurisdiction of the state.
(10) “”Water Use”” means any use of water which reduces the supply from which it is withdrawn or diverted.
(11) All definitions in Florida Statutes § 373.019, shall apply to this chapter.
Rulemaking Authority 120.54(1)(a), 373.044, 373.113 FS. Law Implemented 120.53(1)(a), 373.019, 373.216 FS. History-New 10-1-82, Amended 5-1-83, 1-6-10, 3-24-14.
Terms Used In Florida Regulations 40B-2.021
- 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) “”Basin,”” as used in the context of interbasin transfer, means those major river basin areas delineated on Map Series Number 72, published by the Florida Department of Natural Resources, Bureau of Geology, 1975, down to the accounting unit level of recognition. The best information available shall be used to precisely define basin boundaries.
(4) “”Existing Legal Use”” means all uses of water which are exempt under Florida Statutes Chapter 373, or Fl. Admin. Code Chapter 40B-2, or which have a valid Florida Statutes Chapter 373, Part II, permit.
(5) “”Harm”” means when a use, diversion, or withdrawal causes adverse impact to an existing legal use of water, offsite land use, water resource, or environmental feature associated with the water resource.
(6) “”Minimum Flows and Levels”” means the minimum flow for a watercourse or the minimum water level for ground water in an aquifer or the minimum water level for a surfacewater body that is the limit at which further withdrawals would be significantly harmful to the water resources or ecology of the area. These levels have been established by the District for designated water bodies in Fl. Admin. Code Chapter 40B-8
(7) “”Public Interest”” means those broad-based interests and concerns that are collectively shared by members of a community or residents of the District or the State.
(8) “”Reasonable-beneficial Use”” means the use of water in such quantity as is necessary for economic and efficient consumption for a purpose and in a manner which is both reasonable and consistent with the public interest.
(9) “”Water”” or “”Waters in the State”” means any and all water on or beneath the surface of the ground or in the atmosphere, including natural or artificial watercourses, lakes, ponds, or diffused surface water and water percolating, standing, or flowing beneath the surface of the ground, as well as all coastal waters within the jurisdiction of the state.
(10) “”Water Use”” means any use of water which reduces the supply from which it is withdrawn or diverted.
(11) All definitions in Florida Statutes § 373.019, shall apply to this chapter.
Rulemaking Authority 120.54(1)(a), 373.044, 373.113 FS. Law Implemented 120.53(1)(a), 373.019, 373.216 FS. History-New 10-1-82, Amended 5-1-83, 1-6-10, 3-24-14.