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 — 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 — New 5-31-82, Amended 1-26-86, 9-10-01.
(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.
(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 District’s
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 District’s 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 District’s 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 — New 5-31-82 Amended 1-26-86, 2-14-91, 9-10-01.
(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 District’s
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 District’s 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 District’s 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 — 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
user’s share of the total allocation for agricultural irrigation made by the
District from that source for that month and in that basin. The District’s 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
District’s 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
District’s allocation determination for agricultural irrigation within the Lake
Okeechobee Region, as described in
Subsection 40E-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 — New 5-31-82, Amended
1-26-86, 2-14-91, 9-10-01.