Florida Regulations 40E-21.271: General Water Use Restrictions
Current as of: 2024 | Check for updates
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(1) This rule specifies general water use restrictions for all users for each water shortage phase. Specific restrictions by user class are presented in Part V of this chapter. Users desiring detailed information about the specific restrictions applying to their use should refer to Part V.
(2) The Board will order any combination of the water use restrictions specified in the chapter for the appropriate water shortage phase for each affected source class. The restricted area will include for enforcement purposes, all or part of a county, municipality, surface water basin or utility service area which impacts a source class for which a water shortage is declared.
(3) Additional restrictions to consider include:
(a) Provisions that recognize the right of water users in an area to make voluntary agreements among themselves, with the concurrence of the Board or the Executive Director, providing for the mutual reduction, sharing, or rotation of use,
(b) Provisions for the distribution of water to permittees in exchange for ceasing or reducing ground or surface water withdrawals,
(c) Provisions for the metering and reporting of all water used, diverted, impounded, extracted or withdrawn,
(d) Provisions designed to implement minimum flows and levels through water shortage rules in this chapter, and Chapters 40E-8 and 40E-22, F.A.C.
(e) Provisions which recognize the extent to which users can satisfy water demands from sources for which a water shortage has not been declared,
(f) Provisions for monitoring water levels and determining chloride concentrations in order to protect against salt water intrusion or other deterioration of water quality including the closing and plugging of wells,
(g) Restrictions on the total amount of water that may be used, diverted, impounded, extracted, or withdrawn during any day, month, or year,
(h) Restrictions on the timing of use, diversion, impoundment, extraction, or withdrawal of water,
(i) Restrictions on pumping rates or diversion rates, or
(j) Such other provisions or restrictions as are necessary to protect the water resources from serious harm.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.042, 373.0421, 373.175, 373.246 FS. History-New 5-31-82, Amended 1-26-86, 9-10-01, 9-12-18.
(3) Additional restrictions to consider include:
(a) Provisions that recognize the right of water users in an area to make voluntary agreements among themselves, with the concurrence of the Board or the Executive Director, providing for the mutual reduction, sharing, or rotation of use,
(b) Provisions for the distribution of water to permittees in exchange for ceasing or reducing ground or surface water withdrawals,
(c) Provisions for the metering and reporting of all water used, diverted, impounded, extracted or withdrawn,
(d) Provisions designed to implement minimum flows and levels through water shortage rules in this chapter, and Chapters 40E-8 and 40E-22, F.A.C.
(e) Provisions which recognize the extent to which users can satisfy water demands from sources for which a water shortage has not been declared,
(f) Provisions for monitoring water levels and determining chloride concentrations in order to protect against salt water intrusion or other deterioration of water quality including the closing and plugging of wells,
(g) Restrictions on the total amount of water that may be used, diverted, impounded, extracted, or withdrawn during any day, month, or year,
(h) Restrictions on the timing of use, diversion, impoundment, extraction, or withdrawal of water,
(i) Restrictions on pumping rates or diversion rates, or
(j) Such other provisions or restrictions as are necessary to protect the water resources from serious harm.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.042, 373.0421, 373.175, 373.246 FS. History-New 5-31-82, Amended 1-26-86, 9-10-01, 9-12-18.