62-40.412. Water Conservation

(1) The overall water conservation goal of the state shall be to prevent and reduce wasteful, uneconomical, impractical, or unreasonable use of water resources. Conservation of water shall be required unless not economically, environmentally, or technically feasible.

(2) The Districts shall seek to accomplish this goal by:

(a) Assisting local governments, water supply utilities, regional water supply authorities, and other parties in designing and implementing plans and programs to conserve water. Such programs may include analyzing the effectiveness of particular water conservation measures.

(b) Coordinating with the Florida Department of Agriculture and Consumer Services in the development of agricultural water conservation programs and best management practices pursuant to Section 570.085, F.S.

(c) Requiring efficient use of water. In determining efficiency requirements, the Districts shall consider the effectiveness of efficiency measures already being implemented, including whether a public water supply utility has achieved the per capita water use goal if such a goal is adopted by rule by the appropriate District, and the need for and feasibility of additional measures. Efficiency measures that shall be considered, but not necessarily required of each water user, include the following:

1. Programs and measures that promote or require efficient irrigation practices;

2. Imposition of year-round restrictions, which may include variances or exemptions, on particular irrigation activities or irrigation sources. If time of day watering restrictions are implemented, watering shall be restricted from 10:00 a.m. to 4:00 p.m. to the extent practical;

3. Minimization of unaccounted-for water losses;

4. The use of conservaton rate structures wherever practical. A District shall afford a utility wide latitude in adopting a rate structure, and shall limit its review to whether the utility has provided reasonable assurance that the rate structure contains a schedule of rates designed to promote efficient use of water by providing economic incentives. The District shall not fix or revise rates or rate structures. Such rates may be phased in over time;

5. The use of informative billing practices for utilities. Such practices may be phased in over time;

6. Accurate measurement and reporting of water use, including metering; and

7. Promotion of water-conserving plumbing fixtures and appliances, water-efficient landscaping, and automatic rain sensors or soil moisture sensors.

(d) Considering incentives, such as longer term permits, greater certainty of supply during water shortages, and permit extensions, for permittees that implement conservation measures significantly beyond those required in the permitting process;

(e) Striving to achieve consistent water conservation requirements for water users in cities, counties or other political jurisdictions that fall within more than one District;

(f) Maintaining public information and education programs for long- and short-term water conservation goals;

(g) Including water conservation in regional water supply planning; and

(h) Promoting the efficient and effective reuse of reclaimed water and recycling of stormwater and industrial wastewater through measures including regulation, incentives, public education, and technical assistance consistent with the provisions of Rule 62-40.416, F.A.C.

(3) To demonstrate compliance with the efficiency requirement in paragraph (2)(c), a public water supply utility may propose a goal-based water conservation plan or program in lieu of the measures in subparagraphs 62-40.412(2)(c)1. through 7., F.A.C., above, or other standard requirements of a District. Such a plan or program shall allow flexibility in choosing water conservation measures to be implemented, and be affordable. The goal-based water conservation plan or program may include any of the measures in subparagraphs 62-40.412(2)(c)1. through 7., F.A.C., above, efficient and effective use of reclaimed or recycled water, educational or incentive programs, or other effective measures proposed by the water supply utility. Progress toward goals must be measurable. If a public water supply utility proposing a water conservation plan or program provides reasonable assurance that the plan or program will achieve effective water conservation at least as well as the standard water conservation requirements adopted by the appropriate District, then the District shall approve the plan or program, and the plan or program shall satisfy water conservation requirements imposed as a condition to obtaining a consumptive use permit. For purposes of this subsection, the term “public water supply utility” shall include both publicly-owned and privately-owned public water supply utilities.

(4) In order to incentivize conservation of water, if actual water use is less than permitted water use due to documented implementation of water conservation measures, the permitted allocation shall not be modified by the District due to these circumstances during the term of the permit. Nothing in this subsection shall be construed to alter the Districts’ authority to reduce permitted consumptive use under circumstances not addressed by this subsection.

Rulemaking Authority 373.016, 373.019, 373.026, 373.036, 373.043, 373.171, 373.219, 373.223, 373.236 FS. Law Implemented 373.016, 373.019, 373.023, 373.026, 373.036, 373.103, 373.145, 373.171, 373.175, 373.219, 373.223, 373.227, 373.236, 373.246, 373.250, 373.418, 373.621, 373.703, 373.711, 403.064, 403.0891 FS. History– New 7-20-95, Amended 1-7-97, 5-7-05, 5-6-13.