The proposed amendments will provide that approved Water Shortage Mitigation Plans will be considered by the District in determining whether to declare a water shortage or water shortage emergency. The proposed amendments will also clarify submittal ...

 

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO: RULE TITLE
40D-21.231: Declaring a Water Shortage
40D-21.331: Declaring a Water Shortage Emergency
40D-21.441: Public Supply Water Shortage Mitigation Plans.
PURPOSE AND EFFECT: The proposed amendments will provide that approved Water Shortage Mitigation Plans will be considered by the District in determining whether to declare a water shortage or water shortage emergency. The proposed amendments will also clarify submittal documentation for a Water Shortage Mitigation Plan and the effect on the District's authority under its Water Shortage Plan and water use permits where the District approves a variance or waiver to the District's Water Shortage Plan based on a Water Shortage Mitigation Plan.
SUMMARY: The proposed amendments add that approved Water Shortage Mitigation Plans will be a factor to be considered by the Governing Board or Executive Director in determining whether to declare a water shortage or water shortage emergency, respectively. The proposed amendments also clarify that the District retains its authority to impose restrictions and to affect water use permits during a declared water shortage or water shortage emergency in areas where a Water Shortage Mitigation Plan has been approved.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 373.044, 373.113 FS.
LAW IMPLEMENTED: 373.119, 373.175, 373.246 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Karen A. Lloyd, Assistant Deputy Counsel, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4651

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40D-21.231  Declaring a Water Shortage.

(1)  No change.

(2)  In considering whether to declare a Water Shortage, the Board shall consider the effect of any Water Shortage Mitigation Plans approved by the Board pursuant to Rule 40D-21.441, F.A.C.

(2) through (5) renumbered (3) through (6) No change.

Specific Authority 373.044, 373.113 FS.  Law Implemented 373.175, 373.246 FS. History–New 11-19-84, Amended 7-2-86, 4-9-06,________.

 

40D-21.331  Declaring a Water Shortage Emergency.

(1) through (2) No change.

(3) If the monitoring and evaluation process indicates that conditions are rapidly deteriorating, or if the District receives a request for an emergency action related to an ongoing drought or other Water Shortage event, District staff shall ascertain whether the provisions of Part II of this Rule are sufficient to protect public health, safety or welfare and Essential Uses, or the health of livestock and other animals, fish or aquatic life in the affected area. This shall be accomplished through consideration of the following:

(a) through (b) No change.

(c) The effect of any Water Shortage Mitigation Plans approved by the Board pursuant to Rule 40D-21.441, F.A.C., and rRecommendations from, and emergency actions taken by, a local government in the affected area.

(4) No change.

Specific Authority 373.044, 373.113 FS. Law Implemented 373.119, 373.246 FS. History–New 11-19-84, Amended 7-2-86, 4-9-06,________.

 

40D-21.441 Public Supply Water Shortage Mitigation Plans.

(1) No change.

(2) A Regional Authority or Local Water Supplier may request that the District approve its WSMP for implementation in lieu of some or all of the applicable provisions of this Chapter so that it may take pre-designated local action in response to conditions described in the WSMP. The request shall be submitted in the form of a petition for variance or waiver of some or all of the provisions of this Chapter, pursuant to Section 120.542, F.S. A petition for variance or waiver may be filed at any time, whether the District has declared a Water Shortage or not, and the Regional Authority or Local Water Supplier is encouraged to file its petition well in advance of its need to implement the drought provisions of its WSMP. 

(3) Once a WSMP is approved by the District, it shall be binding on the applicable Regional Authority or Local Water Supplier and its customers. Each Regional Authority and Local Water Supplier and their customers shall continue to comply with any provisions of this Chapter and any order issued pursuant thereto which are not varied or waived through the District’s approval of the WSMP. The District shall consider the effect of an approved WSMP in conjunction with Rule 40D-21.231, F.A.C. The existence of an approved WSMP does not affect the authority of the District to declare or rescind a water shortage and applicable response mechanisms as provided in this Chapter and Chapter 373, F.S. Each Regional Authority and Local Water Supplier should seek clarification as to the applicability of any orders that are issued after District approval of its WSMP.

(4)(3) In addition to fulfilling the requirements of Section 120.542, F.S., and Rule 40D-1.1002, F.A.C., the proposed WSMP shall contain the following:

(a) through (c) No change.

(d) Identification of supply management response mechanisms to be implemented for each Water Shortage Phase.  Supply management includes, but is not limited to, supply supplementation through the use of permitted supply sources, including withdrawal of quantities or for a purpose not expressly granted by the applicable Water Use Permit, or the temporary use of emergency supply sources, which may include unpermitted sources. Identification of each supply management response must include a detailed description of the methodologies used to select the applicable proposed supplementation source and a detailed description of the legal and physical means through which the proposed supplementation will be accomplished.  The granting of a variance or waiver based on a WSMP does not constitute a modification to the petitioner’s Water Use Permit nor does it constitute issuance of an emergency authorization.  However, eEach Regional Authority or Local Water Supplier is encouraged to proactively coordinate with the District to develop a template executive director order or other document to be presented used, when needed, for the District’s consideration, to expedite the processing of any request for a temporary permit modification or other emergency authorization in conjunction with implementation of the WSMP authorize emergency use of each proposed supplementation source, as part of the petition for variance or waiver.

(e) through (j) No change.

Specific Authority 373.044, 373.113 FS.  Law Implemented 373.175, 373.246 FS. History–New 4-9-06, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Karen A. Lloyd, Assistant Deputy Counsel, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4651
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 25, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 2, 2007