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) through (24) No change.

Specific 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.

PART II††††††††† DECLARING AND IMPLEMENTING A WATER SHORTAGE

 

40E-21.221 Evaluating Water Conditions.

 

(1)through (2)†††††††††† No change.

 

(3)†††††† Current data shall be compared to historical data to determine whether estimated present and anticipated available water supply within any source class will be insufficient to meet the estimated present and anticipated demands of the users from the source class, or whether serious harm to the water resources can be expected. It shall be the policy of the District to seek the cooperation and assistance of state, county and municipal government officials in developing the historic and technical data used to periodically evaluate water conditions.

(a) through (c)††††††††††† No change.

(d)†††††† Evaluations under this rule shall consider established minimum flows and levels and associated rules regarding implementation of water shortage provisions contained in Chapters 40E-8 and 40E-22, F.A.C.†† Minimum flows and levels shall be implemented allowing for a shared adversity between consumptive uses and water resources, consistent with this chapter, and Chapters 40E-8 and 40E-22, F.A.C.

Specific Authority 373.044, 373.113 FS.

Law Implemented 373.042, 373.0421, 373.175, 373.246 FS.

History ó New 5-31-82, Amended 1-26-86, 9-10-01.

40E-21.231 Declaring a Water Shortage.

 

(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 evaluating the factors in Rule 40E-21.221, F.A.C. the Board may declare a water shortage for the affected source class. When the affected source extends beyond the District's boundaries, the District shall coordinate water shortage declarations with the appropriate water management districts to the extent practicable.

(2) through (4)No change.

 

Specific Authority 373.044, 373.113 FS.


Law Implemented 373.042, 373.0421, 373.175, 373.246 FS.

 

History ó New 5-31-82, Amended 1-26-86, 9-10-01.

 

40E-21.271 General Water Use Restrictions.

(1) through (2) No change.

(3)†††††† Additional restrictions which may be considered include:

(a) through (c) No change.

(d)†††††† Provisions designed to implement minimum flows and levels through water shortage rules in this chapter, and Chapters 40E-8 and 40E-22, F.A.C.

(e) through (j) No change.

Specific 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, 9-10-01.

40E-21.521†† Phase I Moderate Water Shortage.

 

The following restrictions shall apply when a Phase I water shortage is declared by the District:

(1)†††††† Essential/Domestic/Utility/Commercial.

(2)†††††† Agriculture.

(a)†††††† 1. Through 5. No change

6.†††††††† Withdrawals by each permitted user within the Lake Okeechobee Region as described in Subsection 40E-21.691(3), F.A.C., shall be limited to an amount that represents each user's share of the total allocation for agricultural irrigation made by the District from Lake Okeechobee (Lake) for that month and in that basin.†† The Districtís allocation determination for agricultural irrigation within the Lake Okeechobee Region will be based on its evaluation of the supply capabilities of the source class, the supply capabilities of other source classes available in the area, the needs of agriculture and other users in the area, and the Districtís overall management strategy for handling the uncertainties of future climatological events.The share of the total agricultural irrigation allocation available to each user will be based on any prioritization among crops the District establishes based on irrigation efficiency, economic loss and equity considerations, and the acreage and quantity of withdrawals for which the user has been permitted.The Districtís allocation determination for agricultural irrigation within the Lake Okeechobee Region will be based on the supply capacity of Lake Okeechobee assuming a June 1st lake stage of 10.5 feet NGVD.

(b)†††††† through ††††††††† (e)†††††† No change.

(3)†††††† through ††††††††† (4)†††††† No change.

Specific Authority 373.044, 373.113 FS.

Law Implemented 373.042, 373.0421, 373.175, 373.246 FS.

History ó New 5-31-82Amended 1-26-86, 2-14-91, 9-10-01.

40E-21.531†† Phase II Severe Water Shortage.

 

The following restrictions shall apply when a Phase II water shortage is declared by the District:

(1)†††††† Essential/Domestic/Utility/Commercial.

(2)†††††† Agriculture.

(a)††††††††††††††††††††††† 1. Through 5. No change

6.†††††††† Withdrawals by each permitted user within the Lake Okeechobee Region as described in Section 40E-21.691(3), F.A.C., shall be limited to an amount that represents each user's share of the total allocation for agricultural irrigation made by the District from Lake Okeechobee (Lake) for that month and in that basin.†† The Districtís allocation determination for agricultural irrigation within the Lake Okeechobee Region will be based on its evaluation of the supply capabilities of the source class, the supply capabilities of other source classes available in the area, the needs of agriculture and other users in the area, and the Districtís overall management strategy for handling the uncertainties of future climatological events.The share of the total agricultural irrigation allocation available to each user will be based on any prioritization among crops the District establishes based on irrigation efficiency, economic loss and equity considerations, and the acreage and quantity of withdrawals for which the user has been permitted.The Districtís allocation determination for agricultural irrigation within the Lake Okeechobee Region will be based on the supply capacity of Lake Okeechobee assuming a June 1st lake stage of 10.5 feet NGVD.

(b)†††††† through ††††††††† (e)†††††† No change.

(3)†††††† through ††††††††† (4)†††††† No change.

Specific Authority 373.044, 373.113 FS.

Law Implemented 373.042, 373.0421, 373.175, 373.246 FS.

History ó New 5-31-82, Amended 1-26-86, 2-14-91, 9-10-01.

40E-21.541 Phase III Extreme Water Shortage.The following restrictions shall apply when a Phase III shortage is declared by the District.

(1)†††††† No change.

(2)†††††† (a)†††††† 1. through 4.†† ††††††††††† No Change.

5.†††††††† Withdrawals by each user from each source class in each month shall be limited to an amount that represents each userís share of the total allocation for agricultural irrigation made by the District from that source for that month and in that basin.†† The Districtís allocation determination for agricultural irrigation will be based on its evaluation of the supply capabilities of the source class, the supply capabilities of other source classes available in the area, the needs of agriculture and all other users in the area and the Districtís overall management strategy for handling the uncertainties of future climatological events. The share of the total agricultural irrigation allocation available to each user will be based on any prioritization among crops the District established based on irrigation efficiency, economic loss and equity considerations and the acreage and quantity of withdrawals for which the user has been permitted.The Districtís allocation determination for agricultural irrigation within the Lake Okeechobee Region, as described in Subsection40E-21.691(3), F.A.C., will be based on the supply capacity of Lake Okeechobee as defined by the establishment of a temporary revised reference elevation.

In making the determination the District will consider the following:

a.†††††††† The short and long term harm to the water resources and economy associated with further reduction in Lake stage;

b.†††††††† The harm to the crops, and associated economic impacts, projected to result from the reduction or elimination of water supply; and

c.†††††††† The projected drought duration.

The day to day operational decisions associated with implementing the temporary revised reference elevation shall be delegated to staff in the Phase III water shortage order.†† The governing board will be updated on a monthly basis at a governing board or other public meeting of past and projected changes to the temporary revised reference elevation.

6.†††††††† No change.

(b)†††††† through ††††††††† (e)†††††† No change.

(3)†††††† through ††††††††† (4)†††††† No change.

Specific Authority 373.044, 373.113 FS.

Law Implemented 373.042, 373.0421, 373.175, 373.246 FS.

History ó New 5-31-82, Amended 1-26-86, 2-14-91, 9-10-01.

 

Final MFL page 4