40E-21.331. Declaring a Water Shortage Emergency

(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. A water shortage emergency can occur under two situations; first when specific users rather than classes of users must be restricted, and second when the emergency occurs so abruptly that immediate action is needed to restrict classes of users.

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

(3) Current data shall be evaluated to determine whether any user’s or classes of users’ estimated present and anticipated available water supply will be insufficient to protect the public health, safety or welfare, or the health of animals, fish or aquatic life, a public water supply, or commercial, industrial, agricultural, recreational, or other reasonable-beneficial use.

(a) The present and anticipated water supply available to the user or classes of users shall be estimated. Factors that may be considered include:

1. Those factors listed in paragraph 40E-21.221(3)(a), F.A.C.,

2. The ability of the user or classes of users to obtain water from other users,

3. The ability of the user or classes of users to obtain water from another source class, and

4. Other factors affecting the present and anticipated available water supply of a user or classes of users.

(b) 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 use shall be evaluated. Factors that may be considered include:

1. Those factors listed in paragraphs 40E-21.221(3)(b) and (c), F.A.C.,

2. The extent to which adverse impacts can be reduced by imposing additional restrictions on other users from the same source class,

3. The extent to which restricting other users from the same source class will create other adverse impacts,

4. If the user(s) affected is or includes a local governmental unit, the recommendation of its board of elected officials, and

5. Other factors relating to public health, safety and welfare.

(4) The executive director may declare a water shortage emergency with the advice and concurrence of the Board:

(a) If, in the opinion of the District, the provisions of 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,

(b) If water restrictions must be immediately imposed on a class or classes of users due to a rapid decline of water availability and there is insufficient time to convene the Board. In order to declare a water shortage emergency under this subsection, the decline must have occurred in such a manner that the monitoring and evaluation of the water resources under Rule 40E-21.221, F.A.C., could not reasonably have predicted the emergency.

(5) If a water shortage emergency is declared for a user, the District shall estimate the percent reduction in user demand required to alleviate the emergency.

(6) If a water shortage emergency is declared for a class or classes of users, the executive director shall define the restrictions needed to alleviate the emergency including those set forth in Rules 40E-21.231 and 40E-21.251, F.A.C.

(7) Water shortage emergencies declared under this rule must be ratified by the board at its next available meeting.

(8) Local governmental units are requested to immediately report any resource-related water supply problems detected or experienced by their community to the District.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.119, 373.175, 373.246 FS. History–New 5-31-82, Amended 12-16-84, 1-26-86.