Florida Administrative Code

Rulemaking Authority 373.044, 373.083, 373.113, 373.118 FS. Law Implemented 373.042, 373.0421, 373.083, 373.103(4), 373.118, 373.219 FS. History-New 9-3-81, Formerly 16K-2.032(4), 16K-3.031(4), Amended 4-20-94, 7-11-96, 4-9-97, 12-10-97, 11-4-01, 8-14-02, 8-31-03, 4-23-07, 2-13-0…

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118 FS. History-New 8-14-02, Amended 10-23-12, Repealed 7-14-14.

Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.042, 373.0421, 373.103(4), 373.118, 373.171, 373.223, 373.229 FS. History-New 8-14-02, Amended 8-31-03, 4-23-07, 9-13-07, 2-13-08, 10-14-08, 7-2-09, 3-15-10, 3-18-10, 9-26-12, 10-23-12, Repealed 7-14-…

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.103(1), 373.219, 373.223, 373.229 FS. History-New 8-14-02, Amended 8-31-03 (2), 8-31-03 (3), 10-23-12, Repealed 7-14-14.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.60(2), 373.219 FS. History-New 9-3-81, Amended 4-20-94, 7-2-98, 8-14-02, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.036, 373.042, 373.103(4), 373.1501, 373.1502, 373.223, 373.229, 373.2295, 373.470 FS. History-New 8-14-02, Amended 8-31-03, 4-23-07, 2-13-08, 7-2-09, 9-26-12, 10-23-12, Repealed 7-14-14.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.042, 373.0421, 373.103(4), 373.118, 373.219, 373.223 FS. History-New 9-3-81, Amended 12-1-82, Formerly 16K-2.031(1), 16K-2.032(1)(b), Amended 2-24-85, 3-29-87, 7-26-87, 4-20-94, 7-11-96, 4-9-97, 12-10-97, 11-4…

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.236 FS. History-New 9-3-81, Formerly 16K-2.031(2)(j), 16K-2.032(2)(d), Amended 7-26-87, 4-20-94, 8-14-02, 8-31-03, 4-23-07, 2-13-08, 10-23-12, Repealed 7-14-14.

Rulemaking Authority 373.044, 373.113, 373.171, 373.216 FS. Law Implemented 373.223, 373.229, 373.239 FS. History-New 4-20-94, Amended 7-11-96, 4-9-97, 12-10-97, 8-14-02, 8-31-03, 4-23-07, 2-13-08, 7-2-09, 3-15-10, Repealed 7-14-14.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.60(6), 373.103(4), 373.219, 373.229 FS. History-New 9-3-81, Formerly 16K-2.031(5), 16K-2.032(5), Amended 4-20-94, 7-2-98, 8-14-02, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.223, 373.229, 373.239 FS. History-New 12-1-82, Amended 4-20-94, 8-14-02, Repealed 7-14-14.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.042, 373.0421, 373.103(4), 373.118, 373.219, 373.223 FS. History-New 9-3-81, Formerly 16K-2.031(2), 16K-2.032(2), Amended 2-24-85, 7-26-87, 4-20-94, 7-11-96, 4-9-97, 12-10-97, 11-4-01, 8-14-02, 4-23-07, 2-13-0…

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.042, 373.0421, 373.103(4), 373.118, 373.219, 373.223 FS. History-New 8-14-02, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) The rules in this chapter comprise the District's water shortage plan required under Section 373.246(1), F.S. The purposes of the plan are to protect the water resources of the District from harm; to assure equitable distribution of available water resources among all water u…

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History-New 5-31-82, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

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 referen…

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.119, 373.175, 373.246 FS. History-New 9-3-81, Amended 7-4-82, Formerly 16K-30.09, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12. PART II DECLARING AND IMPLEMENTING A WATER SHORTAGE

(1) This rule sets forth the steps the District will take to periodically evaluate water conditions within the District in order to determine whether a water shortage should be declared. (2) The District shall monitor the condition of the water resources in the District as provid…

(1) If in the opinion of the District there is a possibility that insufficient water will be available within a source class to meet the estimated present and anticipated user demands from that source, or to protect the water resource from serious harm, as determined by evaluatin…

(1) This rule establishes four phases of water shortage as a function of the estimated percent reduction in overall demand required to reduce estimated present and anticipated demand to estimated present and anticipated available water supply. The water shortage phase determines …

(1) This rule specifies general water use restrictions for all users for each water shortage phase. Specific restrictions by user class are presented in Part V of this chapter. Users desiring detailed information about the specific restrictions applying to their use should refer …

(1) All users requesting relief from the provisions of this rule chapter shall file an application for variance but must conform to water use restrictions until the Executive Director grants a temporary variance or the Board grants the variance. (2) Criteria for Issuance - No app…

(1) When a water shortage is declared, or if already declared if more severe restrictions are imposed, the District will publish notice of the declaration or restrictions at least once in newspapers of general circulation in the areas affected. In addition the District shall make…

(1) This rule sets forth the steps the District will take to evaluate water conditions within the District in order to determine whether a water shortage emergency exists. A water shortage emergency can occur under two situations; first when specific users rather than classes of …

(1) This rule specifies water use restrictions for a user subject to an order declaring a water shortage emergency. More than one user may be included in a single order for purposes of establishing water use restrictions pursuant to this rule. (2) The Executive Director, with the…

(1) When a water shortage emergency is declared, or if already declared if more severe restrictions are imposed, the District will publish notice of the declaration or restrictions at least once in newspapers of general circulation in the areas affected. In addition the District …

(1) This rule generally describes the data collection and analysis the District may undertake in anticipation of and during a declared water shortage or water shortage emergency. Monitoring data may be used to determine: (a) Whether a water shortage or water shortage emergency sh…

(1) It shall be 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 the enforcement of the water shortage plan or any water shortage order issued pursuant theret…

(1) Upon declaration of a water shortage or water shortage emergency it shall be prohibited to use water in a manner inconsistent with the restrictions specified in this part and Part II. It shall be the duty of each water user to stay informed as to the phase of water shortage a…

The following restrictions shall apply when a Phase I water shortage is declared by the District. (1) Essential/Domestic/Utility/Commercial. (a) Essential Use: 1. The use of water for firefighting, safety, sanitation, health and medical purposes and other essential uses shall not…

The following restrictions shall apply when a Phase II water shortage is declared by the District. (1) Essential/Domestic/Utility/Commercial. (a) Essential Use. 1. The use of water for firefighting, safety, sanitation, health and medical purposes and other essential uses shall no…

The following restrictions shall apply when a Phase III shortage is declared by the District. (1) Essential/Domestic/Utility/Commercial. (a) Essential Use. 1. The use of water for firefighting, safety, sanitation, health and medical purposes and other essential uses shall not be …

The following restrictions shall apply when a Phase IV shortage is declared by the District. (1) Essential/Domestic/Utility/Commercial. (a) Essential Use. 1. The use of water for firefighting, safety, sanitation, health and medical purposes and other essential uses shall not be r…

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History-New 5-31-82, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Source classes are generally divided into surface water use basins and groundwater sources. A water user may be assigned any combination of both surface water use basin and groundwater source classes. (1) Surface Water Use Basins. Surface waters are classified by surface water us…

Use classes are generally grouped by related uses. The four major groupings are: Essential/Domestic/Utility/Commercial, Agriculture, Nursery/Urban Irrigation/Recreation and Miscellaneous. Neither the order of listing of the major groupings nor the order of listing within each maj…

Each water user may be identified by one or more of the following method of withdrawal classes: (1) Surface waters: (a) Pump. (b) Gravity flow. (2) Ground waters: (a) Artesian well. (b) Pumped well. (c) Infiltration gallery. Rulemaking Authority 373.044, 373.113 FS. Law Implement…

This rule contains descriptions of the boundaries of the surface water use basins listed in Rule 40E-21.631, F.A.C. (1) Water Conservation Areas/Everglades National Park Water Conservation Areas/Everglades National Park Water Use Basin, described as: Palm Beach County (See Figure…

This part establishes minimum water levels for Lake Istokpoga and the canals within the Indian Prairie Basin, minimum flows for the canals within the Indian Prairie Basin and Arbuckle Creek and Josephine Creek and a permit classification system and water shortage plan for the Lak…

(See Figure 21-1.) The Indian Prairie Basin includes the areas within the following boundaries: Begin at the northeast corner of Section 1, Township 38 South, Range 33 East, in the North boundary line of Glades County; thence, southwesterly, to the southwest corner of the northwe…

The following minimum levels shall be maintained. (1) Lake Istokpoga. (a) The minimum levels for Lake Istokpoga are shown in Figure 22-2. (b) The District may, after public notice, allow the minimum levels in Figure 22-2 to be temporarily lowered for environmental or water qualit…

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.042, 373.086, 373.103(4) FS. History-New 9-3-81, Formerly 16K-30.04, 16K-30.06, 40E-21.082, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.246 FS. History-New 9-3-81, Formerly 16K-30.07, 40E-21.112, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Upon notice from the District, water withdrawals under permits having source classification "S' shall be terminated when any of the minimum levels specified in Rule 40E-22.072, F.A.C., is reached. Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.086, 373.103(4), 373.…

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.246 FS. History-New 9-3-81, Formerly 16K-30.09, 40E-21.132, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12. PART II LUCIE COUNTY AGRICULTURAL AREA

This part establishes minimum flows and levels for Canals 23, 24 and 25 and a permit classification system for the St. Lucie County Agricultural Area. The rules in this part apply to water withdrawals within the St. Lucie County Agricultural Area and water withdrawals from Canal …

(See Figure 21-3.) The St. Lucie County Agricultural Area includes the area within the following boundaries: BEGINNING at the Northeast corner of Section 1, Township 34 South, Range 38 East thence, Southerly along the East line of Sections 1, 12 and 13, Township 34 South, Range 3…

The following minimum levels shall be maintained: CANAL LEVEL (feet above mean sea level) (1) Canal 23 above Structure 97 14.0 (2) Canal 23 between Structure 48 and Structure 97 4.0 (3) Canal 24 above Structure 49 14.0 (4) Canal 25 above Structure 99 14.0 (5) Canal 25 between Str…

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.042, 373.086, 373.103(4) FS. History-New 9-3-81, Formerly 16K-31.03, 40E-21.242, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.246 FS. History-New 9-3-81, Formerly 16K-31.05, 40E-21.252, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.