40E-21.221. Evaluating Water Conditions

(1) This rule sets forth the steps the District will take to periodically evaluate water conditions within the District in order to determine whether a water shortage should be declared.

(2) The District shall monitor the condition of the water resources in the District as provided in rule 40E-21.401, F.A.C.

(3) Current data shall be compared to historical data to determine whether estimated present and anticipated available water supply within any source class will be insufficient to meet the estimated present and anticipated demands of the users from the source class, or whether serious harm to the water resources can be expected. It shall be the policy of the District to seek the cooperation and assistance of state, county and municipal government officials in developing the historic and technical data used to periodically evaluate water conditions.

(a) Present and anticipated available water supply shall be periodically estimated for each source class. Factors considered in estimating present and anticipated available supply within a source class may include:

1. Historic, current and anticipated levels in surface and ground waters, including potentiometric heads in confined and semiconfined aquifers,

2. Historic, current and anticipated flows in surface waters,

3. The extent to which water may be transferred from one source class to another,

4. The extent to which present water use restrictions may enhance future supplies, or postpone more stringent restrictions,

5. Historic, current and anticipated demand of natural systems, including losses due to evapotranspiration and seepage,

6. Historic, current and anticipated seasonal fluctuation in rainfall, and

7. Other water resources factors affecting present and anticipated available water supply.

(b) Present and anticipated user demands for each use and method of withdrawal class shall be periodically estimated for each source class. Factors considered in estimating the present and anticipated demands of the users within a source class include:

1. Estimated current and anticipated demands of permitted users,

2. Estimated current and anticipated demands of users exempt from permitting, but subject to the provisions of the water shortage plan,

3. Current and anticipated demands of users whose supply of water is established by federal law,

4. Anticipated seasonal fluctuations in user demands,

5. The extent to which user demands may be met from other source classes, and

6. Other factors affecting present and anticipated water demands.

(c) Estimated present and anticipated available water supply shall be periodically compared to estimated present and anticipated user demands to determine impact on the water resource. Factors considered in determining whether serious harm to the water resource may occur include:

1. Potential for increased saltwater intrusion or other ground water contamination,

2. Potential for irreversible adverse impacts on fish and wildlife, and

3. Other factors adversely impacting the water resource.

(d) Evaluations under this rule shall consider established minimum flows and levels and associated rules regarding implementation of water shortage provisions contained in chapters 40E-8 and 40E-22, F.A.C. Minimum flows and levels shall be implemented allowing for a shared adversity between consumptive uses and water resources, consistent with this chapter, and chapters 40E-8 and 40E-22, F.A.C.

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.