Florida Regulations 40C-21.331: Declaring a Water Shortage Emergency
Current as of: 2024 | Check for updates
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(1) This rule sets forth the steps the District will take to evaluate water conditions within the District in order to determine whether a Water Shortage Emergency exists.
(2) The District will monitor the condition of the water resources of the District and the needs of the users as provided in Fl. Admin. Code R. 40C-21.221
(3) If the monitoring and evaluation process indicates that conditions are rapidly deteriorating, or if the District receives a request for emergency assistance related to an ongoing drought or other Water Shortage event, the District will ascertain whether the provisions of part II of this chapter are sufficient to protect the public health, safety or welfare, or the health of animals, fish or aquatic life, a public water supply, or meet the minimum needs of commercial, industrial, agricultural, recreational, or other reasonable beneficial uses in the affected area. This will be accomplished by considering the following:
(a) The present and anticipated water supply available to affected users including:
1. Those factors listed in subsection 40C-21.251(4), F.A.C.
2. The ability of affected users to obtain water from other users on a temporary basis.
3. The ability of affected users to obtain water from another Source Class.
4. Other factors affecting the present and anticipated available water supply.
(b) Factors related to 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, recreational, or other reasonable beneficial uses including:
1. Those factors listed in subsection 40C-21.251(4), F.A.C.
2. The extent to which adverse impacts can be reduced by imposing additional water use restrictions and other measures upon other users obtaining water from from the same Source Class.
3. The extent to which imposing additional water use restrictions and other measures upon other users obtaining water from the same Source Class will create additional, unintended adverse impacts.
4. Other factors relating to potential adverse impacts to public health, safety and welfare.
(c) Information and requests from a local government in the affected area.
(4) If, in the opinion of the Executive Director, the provisions in Part II 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, recreational, or other reasonable beneficial uses, then the Executive Director, with the concurrence of the Board, may declare a water shortage emergency for the affected users.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.119, 373.175, 373.246 FS. History-New 1-1-84, Amended 11-11-03, 8-23-18.
(3) If the monitoring and evaluation process indicates that conditions are rapidly deteriorating, or if the District receives a request for emergency assistance related to an ongoing drought or other Water Shortage event, the District will ascertain whether the provisions of part II of this chapter are sufficient to protect the public health, safety or welfare, or the health of animals, fish or aquatic life, a public water supply, or meet the minimum needs of commercial, industrial, agricultural, recreational, or other reasonable beneficial uses in the affected area. This will be accomplished by considering the following:
(a) The present and anticipated water supply available to affected users including:
1. Those factors listed in subsection 40C-21.251(4), F.A.C.
2. The ability of affected users to obtain water from other users on a temporary basis.
3. The ability of affected users to obtain water from another Source Class.
4. Other factors affecting the present and anticipated available water supply.
(b) Factors related to 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, recreational, or other reasonable beneficial uses including:
1. Those factors listed in subsection 40C-21.251(4), F.A.C.
2. The extent to which adverse impacts can be reduced by imposing additional water use restrictions and other measures upon other users obtaining water from from the same Source Class.
3. The extent to which imposing additional water use restrictions and other measures upon other users obtaining water from the same Source Class will create additional, unintended adverse impacts.
4. Other factors relating to potential adverse impacts to public health, safety and welfare.
(c) Information and requests from a local government in the affected area.
(4) If, in the opinion of the Executive Director, the provisions in Part II 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, recreational, or other reasonable beneficial uses, then the Executive Director, with the concurrence of the Board, may declare a water shortage emergency for the affected users.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.119, 373.175, 373.246 FS. History-New 1-1-84, Amended 11-11-03, 8-23-18.