40B-21.275. Implementing a Water Shortage Declaration

(1) In implementing 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 relative 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 serious harm to natural systems;

(f) Water shortage plans of 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 water use reduction methods and means on the public health, safety and welfare.

(2) Declaration of a water shortage and notification thereof shall be conducted in accordance with Section 373.246, F.S.

(3) When a water shortage is declared, the District will publish notice of the declaration in a prominent place within newspapers of general circulation in the areas affected. Such notice shall be published each day for the first week of the shortage and once a week thereafter until the declaration is rescinded. In addition, the District shall make every reasonable effort to inform the general public of the reduction methods and means in effect and the source classes which are affected. Particular attention shall be given to presenting this information in a form which is easily understood and applied by the citizens of the affected areas.

(4) The District shall notify each affected permittee within the affected source class of any change in permit conditions, any permit suspension or any other restriction on water use. Notice shall be by electronic or regular mail.

(5) At least one public hearing shall be scheduled, which will be noticed according to the provisions in subsection (2). The public and water use permit holders shall be afforded an opportunity to participate during water shortage public hearing(s) and present testimony on water shortage effects and the impacts of the proposed reduction methods and means. Substantive evidence submitted by the public at or prior to the hearing shall be made a part of the record at the hearing.

(6) Additional public hearings may be announced by the Board during a declared water shortage, and reasonable additional notice will be provided.

(7) The District shall notify local elected officials of any water shortage declaration and subsequent restrictions. Notice shall be by the best practicable means under the circumstances. In addition, local law enforcement officials shall be notified as soon as possible of any water shortage declaration or change in reduction methods and means affecting their areas of responsibility.

(8) A declaration of water shortage or any provision or restriction imposed under the water shortage plan may be modified or rescinded by the Board.

(9) An order declaring a water shortage or emergency orders shall become effective on the day after any notice required in subsection (3) is published. An order declaring a water shortage shall remain in effect until modified or rescinded by the Governing Board.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 7-30-06, Amended 1-28-14.