Florida Administrative Code

(1) The provisions of this chapter comprise the Southwest Florida Water Management District's (District) Water Shortage Plan required under Section 373.246(1), F.S., and include restrictions pursuant to Section 373.175, F.S. The purposes of the plan are to protect waters of the D…

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.246 FS. History-New 11-19-84, Amended 4-9-06, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) Except as otherwise noted below, all terms used herein shall have the same meaning as defined in Rule 40D-22.101, F.A.C. (2) "Agricultural Uses" are water uses associated with Agriculture as defined in Rule 40D-22.101, F.A.C. This specifically includes the irrigation of veget…

(1) Purpose - This part of the chapter generally describes the data collection and analyses that the District continuously undertakes in anticipation of and during a declared Water Shortage or Water Shortage Emergency. (2) Condition monitoring - Water resource data and water dema…

(1) The District shall consider the data collected by the District as described in Rule 40D-21.211, F.A.C., in determining: (a) Whether a Water Shortage or Water Shortage Emergency should be declared in light of existing or projected conditions and anticipated durations thereof; …

(1) The Board will declare Water Shortages and issue water use restrictions and other required actions as set forth in this chapter. The geographic area covered by a Water Shortage declaration will include all or part of the ground or surface water basin(s) within which the affec…

(1) This Water Shortage Plan establishes four phases of Water Shortage severity with associated water use restrictions and other required actions. (2) The following Water Shortage phases are established in accordance with Chapter 62-40, F.A.C.: (a) Moderate, (b) Severe, (c) Extre…

(1) Affected water users and Permittees shall be afforded the opportunity to comment to the Board concerning a proposed Water Shortage declaration, including proposed water use restrictions and other required actions, at a scheduled public hearing. (a) At least one public hearing…

(1) During a declared Water Shortage, the District shall continue to monitor and evaluate conditions in accordance with Rules 40D-21.211 and 40D-21.221, F.A.C. (2) When the data and evaluations set forth in Rules 40D-21.211, 40D-21.221 and 40D-21.251, F.A.C., indicate that condit…

(1) Purpose - This part of the chapter sets forth the steps the District will take to evaluate conditions within the District to determine whether a Water Shortage Emergency exists. (2) The District shall monitor and evaluate conditions as provided in Rules 40D-21.211 and 40D-21.…

(1) When a Water Shortage Emergency has been declared, the Executive Director will issue orders containing water use restrictions and other required or authorized actions deemed necessary to address the emergency. Examples of the required or allowed actions include: authorization…

(1) When a Water Shortage Emergency has been declared pursuant to subsection 40D-21.331(5), F.A.C., the Executive Director shall issue orders pursuant to the emergency provision of Section 373.119, F.S. Prior notice is not required for issuance of Water Shortage Emergency orders.…

(1) It is the policy of the District to seek the cooperation and assistance of state, county and municipal governmental officials, law enforcement officials, and police officers in accordance with Section 373.609, F.S., to facilitate the enforcement of this chapter and any order …

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History-New 4-9-06, Amended 1-8-08, , Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12. PART V THE CLASSIFICATION SYSTEM

Purpose - This part of the chapter establishes the basis for distinguishing among different users of the water resource according to major classes. Under this system, each water user may be classified according to source, use and method of withdrawal. Each of these classes is des…

Each water user may be classified according to one or more of the following sources of water: (1) Groundwater sources. (a) Water table aquifers; (b) Confined and semi-confined aquifers. (2) Surface water sources. (a) Streams or other watercourses; (b) Lakes or other impoundments.…

Each water user may be classified according to one or more of the following uses of water, as defined in Part I of this rule: (1) Indoor Uses. (2) Essential Uses, including a subclassification for Water Utility Use. (3) Commercial and Industrial Uses. (4) Agricultural Uses. (5) L…

Each water user may be classified by one or more of the following methods of withdrawal classes: (1) Surface Waters: (a) Pump, (b) Gravity Flow; (2) Ground Waters: (a) Artesian Well, (b) Pumped Well. Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. H…

(1) Purpose - this Part sets forth specific water use restrictions and other required actions available to the District for implementation upon a declaration of a Water Shortage or Water Shortage Emergency. (2) The water use restrictions and other required actions specified withi…

(1) A Phase I Water Shortage is a hydrologic or climatic condition in which at least one regional or local Drought Indicator has a moderately abnormal value, such that conditions warrant the District alerting the general public and the District ordering water utilities and other …

(1) A Phase II Water Shortage is a hydrologic or climatic condition in which multiple regional Drought Indicators have moderately abnormal values, or a local Drought Indicator for a specific public supply has a severely abnormal value, such that conditions warrant prudent actions…

(1) A Phase III Water Shortage is a hydrologic or climatic condition in which multiple regional Drought Indicators have severely abnormal values, or a local Drought Indicator for a specific public supply has an extremely abnormal value, such that conditions warrant temporary mini…

(1) A Phase IV Water Shortage is a hydrologic or climatic condition where multiple regional Drought Indicators have extremely abnormal values, or the local Drought Indicator for a specific public supply has a critically abnormal value, such that conditions warrant the temporary s…

(1) It is the policy of the District to promote and require water conservation during times of average and above average rainfall as well as during declared water shortages. To that end, the purpose of this chapter is to promote long-term sustainability of the water resources of …

When used in this chapter: (1) "Address" means the numeric or alphanumeric designation assigned to a house, building or plot of land by the U.S. Postal Service or, if none, by the local government, that, together with the street name, describes the physical location of a specific…

(1) General Requirements - The year-round water conservation measures contained in this section are applicable to all Users, including end Users served by public or private water systems and shall be effective throughout all geographical areas within the District. Any restriction…

Rulemaking Authority 373.044, 373,113, 373.171 FS. Law Implemented 373.171 FS. History-New 3-24-92, Repealed 7-2-98.

(1) Users may request relief from the provisions of Chapter 40D-22, F.A.C., by following the procedures outlined in Rule 40D-1.1002, F.A.C., in accordance with Section 120.542, F.S., and Chapter 28-104, F.A.C. (2) Examples of circumstances, which, subject to the above referenced …

(1) This chapter shall be effective year round. However, if the measures, provisions and/or restrictions imposed when a water shortage has been declared pursuant to Chapter 40D-21, F.A.C., or related Board or Executive Director order are more restrictive than a water conservation…

Rulemaking Authority 373.044, 373.113, 373.185 FS. Law Implemented 373.185 FS. History-New 8-23-92, Repealed 11-30-09.

Rulemaking Authority 373.044, 373.113, 373.185 FS. Law Implemented 373.185 FS. History-New 8-23-92, Amended 11-30-09, Repealed 11-30-09.

Rulemaking Authority 373.044, 373.114, 373.185 FS. Law Implemented 373.185 FS. History-New 8-23-92, Repealed 11-30-09.

Rulemaking Authority 373.044, 373.113, 373.185 FS. Law Implemented 373.185 FS. History-New 8-23-92, Repealed 11-30-09.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.0831(3), 373.196(1), 373.1961(3) FS. History-New 1-7-09, Repealed 5-20-20.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.0363(4), 373.705(3), 373.707(1), 373.707(8) FS. History-New 1-7-09, Amended 1-16-11, 6-28-17, Repealed 5-20-20.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.0363(4), 373.705(3), 373.707(1), 373.707(8) FS. History-New 1-7-09, Amended 1-16-11, 6-28-17, Repealed 5-20-20.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.0363(4), 373.705(3), 373.707(1), 373.707(8) FS. History-New 1-7-09, Amended 1-16-11, Repealed 5-20-20.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.0363(4), 373.705(3), 373.707(1), 373.707(8) FS. History-New 1-7-09, Amended 8-30-09, 1-16-11, Repealed 5-20-20.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.083(1), 373.0831(3), 373.196(1), 373.1961(3) FS. History-New 1-7-09, Repealed 5-20-20.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.0363(4), 373.705(3), 373.707(1), 373.707(8) FS. History-New 1-7-09, Amended 1-16-11, 10-13-15, Repealed 5-20-20.

Rulemaking Authority 373.044, 373.113, 373.171, 373.309(1), 373.333(1), 373.337 FS. Law Implemented 373.306, 373.308, 373.309, 373.313, 373.316, 373.323(2), 373.324, 373.326, 373.329, 373.333, 373.337 FS. History-New 10-5-74, Formerly 16J-3.01, 16J-3.06(1), Amended 7-1-90, 9-30-9…

When used in this chapter: (1) "Abandoned well" means a well the use of which has been permanently discontinued. Any well shall be deemed abandoned which is in such a state of disrepair, that continued use for the purpose of obtaining groundwater or disposing of water or liquid w…

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.103(1), 373.306, 373.308, 373.309, 373.313, 373.314, 373.316, 373.319, 373.323(2), 373.326, 373.329, 373.333, 373.342 FS., 78-65, Laws of Florida. History-New 10-5-74, Amended 9-4-77, 10-16-7…

The authority for general administration of this chapter is delegated to the Executive Director of the District. It is the policy of the Board that in making this delegation the Executive Director may designate specific staff members to carry out various tasks but that overall su…

(1) The regulations promulgated by the Department governing the construction of water wells as set forth in Chapter 62-532, F.A.C. (2-16-12) available at https://www.flrules.org/Gateway/reference.asp?No=Ref-05524, the construction of water wells in delineated areas as set forth i…

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.323(8), 373.337 FS. Law Implemented 373.323, 373.324, 373.333, 373.336 FS. History-New 7-1-90, Amended 12-31-92, 2-1-05, 8-19-08, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) Unless expressly exempted by statute or District rule, a permit must be obtained from the District prior to construction, repair, modification or abandonment of any water well, including: (a) Water wells not in areas delineated pursuant to Chapter 62-524, F.A.C. (b) Potable w…

(1) The construction, repair, modification or abandonment of: (a) Up to eight (8) sandpoint irrigation, monitor, recovery, dewatering, or gang wells 4 inches or less in diameter; or (b) A Class V air conditioning heat pump system consisting of one supply well and one return well;…

(1) Permits for construction, repair, modification or abandonment of wells for which an individual water use permit is required under Chapter 40D-2, F.A.C., shall not be issued prior to issuance of the water use permit authorizing such water use withdrawals. (2) Notwithstanding t…

(1) The following wells are exempt from the requirements of Rule 40D-3.041, F.A.C.: (a) Wells exempted under Section 373.303(7), F.S. (b) Wells used for the purpose of temporary dewatering of subsurface formations for construction, mining or quarrying purposes for a period of les…