Fla. Admin. Code Ann. R. 40C-21.331 - Declaring a Water Shortage Emergency
(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.
(2) The District
will monitor the condition of the water resources of the District and the needs
of the users as provided in Rule
40C-21.221, F.A.C.
(3) If the monitoring and evaluation process
indicates that conditions are rapidly deteriorating, or if the District
receives a request for emergency assistance related to an ongoing drought or
other Water Shortage event, the District will ascertain whether the provisions
of part II of this chapter are sufficient to protect the public health, safety
or welfare, or the health of animals, fish or aquatic life, a public water
supply, or meet the minimum needs of commercial, industrial, agricultural,
recreational, or other reasonable beneficial uses in the affected area. This
will be accomplished by considering the following:
(a) The present and anticipated water supply
available to affected users including:
1.
Those factors listed in subsection
40C-21.251(4),
F.A.C.
2. The ability of affected
users to obtain water from other users on a temporary basis.
3. The ability of affected users to obtain
water from another Source Class.
4.
Other factors affecting the present and anticipated available water
supply.
(b) Factors
related to the potential for adverse impacts on 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 beneficial uses including:
1. Those
factors listed in subsection
40C-21.251(4),
F.A.C.
2. The extent to which
adverse impacts can be reduced by imposing additional water use restrictions
and other measures upon other users obtaining water from from the same Source
Class.
3. The extent to which
imposing additional water use restrictions and other measures upon other users
obtaining water from the same Source Class will create additional, unintended
adverse impacts.
4. Other factors
relating to potential adverse impacts to public health, safety and
welfare.
(c) Information
and requests from a local government in the affected area.
(4) If, in the opinion of the Executive
Director, the provisions in Part II are not sufficient to protect the public
health, safety, or welfare, the health of animals, fish or aquatic life, a
public water supply, or commercial, industrial, agricultural, recreational, or
other reasonable beneficial uses, then the Executive Director, with the
concurrence of the Board, may declare a water shortage emergency for the
affected users.
Notes
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.119, 373.175, 373.246 FS.
New 1-1-84, Amended 11-11-03, 8-23-18.
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