40E-21.051. Definitions

The terms set forth herein shall have the meanings ascribed to them, unless the context clearly indicates otherwise, and such meanings shall apply throughout the rules contained in this chapter. The definitions set forth in Rule 40E-8.021, F.A.C., shall be incorporated by reference into this rule.

(1) “Water shortage” means that situation within all or part of the District when insufficient water is available to meet the present and anticipated needs of the users, or when conditions are such as to require temporary reduction in total use within a particular area to protect water resources from serious harm. A water shortage usually occurs due to drought.

(2) “Water shortage emergency” means that situation when the powers which can be exercised under Chapter 40E-21, Part II, F.A.C., are not sufficient to protect the public health, safety, or welfare, or the health of animals, fish or aquatic life, or a public water supply, or commercial, industrial, agricultural, recreational or other reasonable uses.

(3) “User” means any person, natural or artificial, individual, firm, association, organization, partnership, business trust, corporation, company, agent, employee or other legal entity, the United States of America, and the State and all political subdivisions, regions, districts, municipalities, and public agencies thereof, which directly or indirectly takes water from the water resource, including but not limited to uses from private or public utility systems, uses under consumptive use permits issued pursuant to Chapter 40E-2, F.A.C., or uses from individual wells or pumps for domestic or individual home use. The term does not include persons who use treated effluent or seawater.

(4) “Water resource” means any and all water on or beneath the surface of the ground, including natural or artificial water courses, lakes, ponds, or diffused surface water and water percolating, standing, or flowing beneath the surface of the ground.

(5) “Source class” means the assigned water resource from which a user is obtaining water either directly or indirectly. Source classes within the District are specified in Rule 40E-21.631, F.A.C.

(6) “Use class” means the category describing the purpose for which the user is utilizing water. Use classes within the District are specified in Rule 40E-21.651, F.A.C.

(7) “Method of withdrawal class” means the type of facility or means of extraction or diversion of the water resource employed by the user. Method of withdrawal classes within the District are specified in Rule 40E-21.671, F.A.C.

(8) “Surface water use basin” means the geographical area within which a user obtains water from surface waters. Surface water use basins are a type of source class and are identified in subsection 40E-21.631(1), F.A.C.

(9) “Ground water source” means a source class within which users obtain water directly from water table aquifers or from confined or semi confined aquifers. Ground water sources are a type of source class and are identified in subsection 40E-21.631(2), F.A.C.

(10) “Percent reduction in overall demand” means the weighted average reduction in all water uses within a source class, regardless of the type of use or method of withdrawal, which is necessary to reduce estimated present and anticipated demand to estimated present and anticipated available water supply.

(11) “Plan” means the water shortage plan authorized in Section 373.246, F.S., and contained in this chapter.

(12) “Low-volume irrigation” means the use of equipment and devices specifically designed to allow the volume of water delivered to be limited to a level consistent with the water requirement of the plant being irrigated and to allow that water to be placed with a high degree of efficiency in the root zone of the plant. The term also includes water use in mist houses and similar establishments for plant propagation. Overhead irrigation and flood irrigation are not included.

(13) “Overhead irrigation” means the use of equipment and devices which deliver water under pressure, through the air, above the level of the plant being irrigated.

(14) “Flood irrigation” means the delivery of plant or crop irrigation water by the design and practice of the flowing of water over the surface to saturate the root zone or in specific applications the raising of the level of groundwater through the root zone or to the soil surface.

(15) “Low volume hand watering” means watering by one hose attended by one person, fitted with a self-canceling or automatic shutoff nozzle.

(16) “Low-volume mobile equipment washing” means the washing of mobile equipment with a “bucket” and “sponge” or a hose with a self-canceling or automatic shutoff nozzle or both.

(17) “Low-volume pressure cleaning” means pressure cleaning by means of equipment which is specifically designed to reduce the inflow volume as accepted by industry standards.

(18) “Nursery stock” means all plants, trees, shrubs, vines, bulbs, cuttings, grafts, scions, buds, flowering annual plants, aquatic plants, seeds, corns, or tubers, grown or kept for propagation, distribution or sale.

(19) “Mobile equipment” means any public, private or commercial automobile, truck, trailer, railroad car, camper, boat, or any other type of similar equipment. The term shall not include mobile homes, boats that serve as a primary residence, sanitation or sludge vehicles or food vending or transporting vehicles.

(20) “Even numbered address” means the house address, box number or rural route ending in the numbers 0, 2, 4, 6, 8 or the letters A-M. Post office box numbers are not included.

(21) “Odd numbered address” means the house address, box number or rural route ending in the numbers, 1, 3, 5, 7, 9 or the letters N-Z. Post office box numbers are not included.

(22) “Odd numbered days” means the days whose dates end in the numbers 1, 3, 5, 7 or 9. For purposes of this chapter the date shall be determined by the day during which a watering period ends.

(23) “Low-volume watering” means the use of equipment, devices, materials and/or methods, including low-volume hand watering, which limit the amount of water applied to a surface to the minimum necessary for dust control or evaporation suppression; use of equipment specifically designed to reduce flow and increase saturation efficiency to a level accepted under industry standards.

(24) “License” means, but is not limited to, the appropriate professional registration, occupational license, contractor license or applicator license for the jurisdiction in which work is being performed.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.042, 373.0421, 373.175, 373.246 FS. History–New 5-31-82, Amended 1-26-86, 2-14-91, 9-10-01.