40A-21.271. Water Use Restrictions

(1) The Board, when appropriate, shall order the specific water use restrictions listed in Part VI for the appropriate water shortage phase for each affected source class. Further, the Board shall order restrictions in addition to those described in rules 40A-21.621-.651, F.A.C. These changes shall be specified by use or method of extraction or diversion class within each source class to achieve the desired percent reduction in overall use.

(2) Additional conditions or restrictions which may be considered include:

(a) Provisions that facilitate the right of water users in an area to make voluntary agreements among themselves, with the concurrence of the Board, providing for the mutual reduction, sharing, or rotation of use;

(b) Provisions for the metering and reporting of all water used, diverted, impounded, extracted or withdrawn;

(c) Provisions designed to maintain any management levels or minimum flows and minimum levels, established pursuant to section 373.042, F.S.;

(d) Provisions which recognize the extent to which users can satisfy water demands from sources for which a water shortage has not been declared;

(e) Provisions for monitoring water levels and determining chloride and other contaminant concentrations in order to protect against saltwater intrusion or other deterioration of water quality, including the closing or plugging of wells;

(f) Restrictions on the total amount of water that may be used, diverted, impounded, extracted, or withdrawn during any day, month, or year;

(g) Restrictions on the timing of use, diversion, impoundment, extraction, or withdrawal of water;

(h) Restrictions on pumping rates and schedules or diversion rates and schedules; or,

(i) Such other provisions or restrictions as are necessary to protect the water resources from serious harm.

(3) If mandatory or other reductions on permittees are in effect at the time of a water shortage declaration, these restrictions will remain in effect unless the designated phase restrictions for that user class are greater. In that case, the more restrictive measures will be followed.

(4) Nothing herein shall limit any local, state, or federal agency from establishing more restrictive water use measures. If more stringent water conservation measures are promulgated by an appropriate governmental entity, those more restrictive water use requirements shall apply and be enforced by the particular government entity.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 3-29-92, Amended 3-27-19.