40E-21.651. Use Classes

Use classes are generally grouped by related uses. The four major groupings are: Essential/Domestic/Utility/Commercial, Agriculture, Nursery/Urban Irrigation/Recreation and Miscellaneous. Neither the order of listing of the major groupings nor the order of listing within each major grouping is intended to establish relative priorities of water use. A user may be assigned one or more use class regardless of the groupings in this rule.

Each water user shall be given one or more of the following use classes:

(1) Essential/Domestic/Utility/Commercial.

(a) “Essential use” means use of water strictly for fire fighting, safety, sanitation, health and medical purposes and the use of water to satisfy federal, state or local public health and safety requirements.

(b) “Domestic type use” means any use of water for personal needs or for household purposes such as drinking, bathing, heating, cooking, sanitation or cleaning, whether the use occurs in a residence or in a commercial or industrial establishment.

(c) “Water utility use” means water used for withdrawal, treatment, transmission and distribution by potable water systems.

(d) “Power production use” means the use of water for steam generation and the use of water for cooling and for replenishment of cooling reservoirs.

(e) “Commercial and industrial process use” means the use of water integral to the production of the primary goods or services provided by a business establishment.

(f) “Diversion and impoundment into non-District facilities” means the diversion or extraction of water into non-District impoundments and delivery systems designed for purposes of, including but not limited to, maintaining control elevations in order to provide for groundwater recharge, and to provide water for reasonable-beneficial uses.

(2) Agriculture.

(a) “Agricultural use” means the use of water for the commercial production of crops or the growing of farm products including but not limited to vegetables, citrus and tropical fruits, pasture, nursery stock, sugar cane, rice and sod.

(b) “Livestock use” means the use of water for drinking by or washing of livestock.

(c) “Aquacultural use” means the use of water for the spawning, cultivating, harvesting or marketing of domesticated fin-fish, shellfish, crustaceans, frogs, turtles, alligators and other aquatic organisms that have a sport or other economic value.

(d) “Soil flooding” means use of water for raising of water levels on agricultural lands for purposes not directly related to crop growth including but not limited to soil preservation crop harvesting and pest control.

(e) “Freeze protection” means the periodic and infrequent use of water to protect agricultural and nursery crops from permanent damage due to low temperatures. This action would be taken in response to forecasts of freezing temperatures by official weather forecasting services.

(3) Nursery/Urban Irrigation/Recreation.

(a) “Nursery use” means the use of water on premises on or in which is nursery stock grown, propagated or held for sale or distribution or sold or reshipped.

(b) “Landscape irrigation – new installation” means the outside watering or sprinkling of shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens and other such flora which have been planted for less than 30 days and are situated in such diverse locations as residential landscaping, parks, cemeteries, public, commercial and industrial establishments, public medians and rights of way.

(c) “Landscape irrigation – existing installation” means the outside watering or sprinkling of shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens and other such flora which are planted and established and are situated in such diverse locations as residential landscapings, recreation areas, cemeteries, public, commercial and industrial establishments, public medians and rights of way.

(d) “Recreation area use” means the use of water for the maintenance and support of intensive recreational areas such as but not limited to playgrounds, football, baseball, and soccer fields, polo fields, tennis courts, race tracks and school playgrounds.

(e) “Golf course use” means water used to irrigate an establishment designed and used for playing golf.

(f) “Water based recreation use” means water used for public or private spas, swimming pools and wading pools, including water slides. This term does not include pools specifically maintained to provide habitat for aquatic life.

(4) Miscellaneous.

(a) “Cooling and air conditioning use” means the use of water for industrial cooling or for air conditioning.

(b) “Dewatering use” means the removal of water from a specific area to facilitate mining or construction.

(c) “Navigation use” means water discharged from ground or surface sources either to tidewater or to downstream lakes or reaches of rivers or canals for the purpose of permitting or promoting boating activity.

(d) “Other outside uses” means the use of water outdoors for the maintenance, cleaning and washing of structures and mobile equipment including automobiles and the washing of streets, driveways, sidewalks and similar areas.

(e) “Aesthetic use” means the use of water for fountains, waterfalls, and landscape lakes and ponds where such uses are entirely ornamental and decorative and serve no other functional purpose.

(5) The Board may establish such additional use classifications as it deems necessary.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 5-31-82, Amended 2-14-91, 8-14-03.