62-40.411. Water Shortage

(1) To the extent practical, the Districts shall seek to achieve a consistent approach to water shortage phases and related restrictions, particularly where political jurisdictions fall within more than one District.

(2) Except when an emergency order is issued under Sections 373.175 and 373.246, F.S., when a District declares a phased water shortage, it will impose water use restrictions in a minimum of three and a maximum of four phases depending upon the severity of the shortage. The phases are as follows:

(a) A “moderate” water shortage shall result in the imposition of Phase 1 water restrictions.

(b) A “severe” water shortage shall result in the imposition of Phase 2 water restrictions.

(c) An “extreme” water shortage shall result in the imposition of Phase 3 water restrictions.

(d) A “critical” water shortage shall result in the imposition of Phase 4 water restrictions.

(3) In implementing the phased water use restrictions, the factors the District shall consider include:

(a) The source of the water supply experiencing the shortage;

(b) The relative impact of the various categories of water users on the water body for which the shortage is declared;

(c) The availability and practicality of alternative sources;

(d) The economic impacts that the restrictions are likely to have on each category of user. To the degree practical, the governing board shall impose water use restrictions in a manner that distributes the burden of the restrictions equitably among water users, relative to their impact on the sources experiencing the shortage;

(e) The potential for harm to natural systems;

(f) Water shortage plans of regional water supply authorities and local governments;

(g) The appropriate geographic scope of the restrictions;

(h) The effectiveness of the restriction imposed in terms of reducing water use and protecting the relevant water supply source; and

(i) The impact of the restriction on the public health, safety and welfare.

(4) Use classifications to be used when implementing water use restrictions shall include the following:

(a) Indoor uses, which include water used for indoor personal and household needs, and similar needs at businesses;

(b) Essential uses such as fire fighting, sanitation, health and medical use;

(c) Agricultural uses, such as production of vegetable and other crops, citrus and fruit trees, nursery plants, pasture, sod, aquaculture, soil flooding, and freeze protection;

(d) Commercial and industrial uses in which water is integral to the production of goods and services, including power generation;

(e) Water utility use, which may include both water used for potable supply and water used for maintaining and operating the supply system;

(f) Landscape irrigation, which is the outdoor irrigation of grass, trees and other plants in places such as residences, businesses, golf courses, parks, recreational areas, cemeteries, and public buildings; and

(g) Other uses such as aesthetic ponds, fountains and water features, environmental restoration or enhancement, cooling and air conditioning, and navigation.

(5) The District may expand upon or further subdivide the use classifications in paragraphs (a) through (g) above for purposes of issuing restrictions on specific uses.

Specific Authority 373.026(7), 373.036(1)(d), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.103, 373.171, 373.175, 373.1961, 373.223, 373.246, 373.250, 373.418, 403.064 FS. History–New 5-7-05.