40D-1.102. Definitions

The terms set forth herein shall have the meanings ascribed to them unless the context clearly indicates otherwise, and such meanings shall apply throughout these rules. To facilitate easier reference, certain terms defined by applicable statute have been included herein with appropriate citation. Terms which apply to only 1 chapter of these rules are defined in the respective chapter.

(1) “Act” means the Florida Water Resources Act of 1972, as amended, together with all provisions of Chapter 373, F.S., relating to Water Management Districts and any amendments thereto which may be made from time to time.

(2) “Aquifer” means a hydrologic unit which consists of a geologic formation, a related group of formations, or only part of a formation, which is saturated with water and capable of transmitting usable quantities of water to wells or springs.

(3) “Board” means the Governing Board.

(4) “Consumptive use” means any use of water that reduces the supply from which it is withdrawn or diverted.

(5) “District” means the Southwest Florida Water Management District.

(6) “Domestic use” means any use of water for individual personal needs or for household purposes such as drinking, bathing, heating, cooking, or sanitation. Section 373.019(6), F.S.

(7) “Executive Director” means the Executive Director of the District or the person designated by the Board to act in his absence.

(8) “Governing Board” means the Governing Board of Southwest Florida Water Management District.

(9) “Impoundment” means any natural or manmade lake, reservoir, pond, or other containment of water occupying a bed or depression in the earth’s surface and having a discernible shoreline.

(10) “Material change” means information which is reasonably expected to lead to a different agency action on the application or an impact or design specification that is different in degree or kind than previously proposed.

(11) “Minimum rate of flow” means the limit at which further withdrawals from a stream or other watercourse would be significantly harmful to the water resources or ecology of the area.

(12) “Minimum level” means the level of the water table or of the potentiometric surface of water in an aquifer or the level of surface water at which further withdrawals would be significantly harmful to the water resources of the area.

(13) “Other watercourse” means any canal, ditch, or other artificial watercourse in which water usually flows in a defined bed or channel. It is not essential that the flowing be uniform or uninterrupted, Section 373.019(14), F.S.

(14) “Otherwise control” means any contractual right, rental agreement, license, or permit from an owner which an applicant has to exercise authority over certain property, especially insofar as it relates to the water resources of the property.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.019, 373.046, 373.073, 373.079, 373.103, 373.403 FS. History–Readopted 10-5-74, Amended 12-31-74, Formerly 16J-0.02, 40D-0.021, Amended 6-29-14.