WATER SHORTAGE PLAN

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					RULES OF THE NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT
        CHAPTER 40A-21, FLORIDA ADMINISTRATIVE CODE




   WATER SHORTAGE PLAN




                  Effective March 29, 1992
                  Regulatory Guidelines #2000-5
             NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT
               CHAPTER 40A-21, FLORIDA ADMINISTRATIVE CODE
                          WATER SHORTAGE PLAN
                                                     (EFFECTIVE MARCH 29, 1992)




PART I – GENERAL
40A-21.001   Policy and Purpose...........................................................................................................................1
40A-21.031   Elements of the Plan ........................................................................................................................1
40A-21.051   Definitions.........................................................................................................................................2
PART II – DECLARING AND IMPLEMENTING A WATER SHORTAGE
40A-21.221   Evaluating Water Conditions .........................................................................................................4
40A-21.231   Declaring a Water Shortage............................................................................................................4
40A-21.251   Water Shortage Phases....................................................................................................................5
40A-21.271   Water Use Restrictions ....................................................................................................................6
40A-21.275   Variances ..........................................................................................................................................7
40A-21.291   Implementing a Water Shortage Declaration..............................................................................10
PART III – EMERGENCY PROVISIONS
40A-21.331   Declaring a Water Shortage Emergency .....................................................................................11
40A-21.371   Water Use Restrictions in a Water Shortage Emergency ..........................................................12
40A-21.391   Implementing a Water Shortage Emergency Declaration .........................................................12
PART IV – MONITORING AND ENFORCEMENT
40A-21.401   Monitoring......................................................................................................................................13
40A-21.421   Enforcement ...................................................................................................................................14
PART V – THE CLASSIFICATION SYSTEM
40A-21.511   Classification Sysem ......................................................................................................................15
40A-21.531   Source Classes ................................................................................................................................15
40A-21.551   Use Classes......................................................................................................................................16
40A-21.571   Method of Extraction or Diversion Classes .................................................................................17
PART VI – SPECIFIC RESTRICTIONS
40A-21.601   Specific Restrictions.......................................................................................................................18
40A-21.621   Phase I: Moderate Water Shortage.............................................................................................18
40A-21.631   Phase II: Severe Water Shortage.................................................................................................23
40A-21.641   Phase III: Extreme Water Shortage............................................................................................27
40A-21.651   Phase IV: Critical Water Shortage..............................................................................................32
.
                                                      (1)   Part I. General. Part I outlines the
               PART I – GENERAL
                                                            general goals and objectives of the
                                                            District in developing and adopting the
40A-21.001 POLICY AND PURPOSE                               Water Shortage Plan and provides
(1)    The procedures herein comprise the                   definitions for key terms utilized in the
       District's Water Shortage Plan                       plan.
       mandated by Chapter 373.246(1),                (2)   Part II. Declaring and Implementing a
       Florida Statutes. The purposes of the                Water Shortage. Part II describes the
       plan are to protect the water resources              procedures the District will utilize in
       of the District from serious harm; to                declaring a water shortage. Provisions
       assure equitable distribution of                     are made for comparing estimated
       available water resources among all                  present and anticipated water supplies
       water users during times of shortage,                with estimated present and anticipated
       consistent with the goals of                         user needs. The impact on the water
       minimizing adverse economic, social                  resource, if demands are met from
       and health-related impacts; to provide               available supplies, is also evaluated. In
       advance knowledge of the means by                    addition, a method for expressing the
       which water apportionments and                       severity of a water shortage in terms of
       reductions will be made during times                 four water shortage phases is provided.
       of shortage; and to promote greater                  General user restrictions and variance
       security for water use permittees.                   procedures are established. Finally,
(2)    These procedures apply to all water                  procedures for implementing the water
       users in the District, including those               shortage declaration are provided.
       exempt from permitting pursuant to             (3)   Part III. Emergency Provisions. Part III
       Rule 40A-2, Florida Administrative                   pertains to that condition when the
       Code. However, this plan is not                      restrictions imposed on water users
       intended to apply to users whose                     during a water shortage declaration
       source of water is limited solely to                 appear inadequate to sufficiently protect
       treated effluent or seawater. Thus, for              the water resource or individual users.
       each source, method of extraction or                 At that time, the Executive Director
       diversion and type of use, it is the                 with the concurrence of the Governing
       policy of the District to restrict water             Board may declare a water shortage
       users uniformly, regardless of whether               emergency and impose restrictions on
       the user utilizes water from a public or             individual users. Part III also describes
       private utility system, a private well               the procedures for declaring such a
       for domestic or individual home use,                 water shortage emergency and describes
       or any other type of water supply                    the water use restrictions which could be
       facility.                                            imposed under emergency conditions.
Specific Authority 373.044, 373.113 FS.
Laws Implemented 373.175, 373.246 FS.                 (4)   Part IV. Monitoring and Enforcement.
History–New                                                 Part IV describes the District's overall
                                                            program of monitoring surface and
40A-21.031 ELEMENTS OF THE PLAN                             ground waters, climatic conditions, and
                                                            water demand during a water shortage.
       The Water Shortage Plan consists of                  In addition, this part describes how the
       the following elements.                              District, in conjunction with local law


                                                  1
       enforcement officials, will enforce the               other regulatory and monitoring
       provisions of a declared water shortage               activities, under current authority.
       or water shortage emergency.                    (3)   "Even Numbered Address" means the
(5)    Part V. The Classification System.                    house address, box number or rural
       Part V classifies each user according to              route ending in the numbers 0, 2, 4, 6, 8
       the source of water supply, type of                   or the letters A-M. Post office box
       water use and method of withdrawal.                   numbers are not included.
       The classification system is utilized in        (4)   "Even Numbered Days" means the
       conjunction with Parts II, III, and VI to             days whose dates end in the numbers 0,
       determine the water use restrictions                  2, 4, 6, or 8. For purposes of this plan,
       with which users should comply.                       each day will begin at 12:00 a.m.
(6)    Part VI. Specific Restrictions. Part VI         (5)   "Flood Irrigation" means the delivery
       presents water use restrictions for each              of plant or crop irrigation water by the
       water shortage phase and water use                    design and practice of the flowing of
       class. Various combinations of these                  water over the surface to saturate the
       restrictions will be employed by the                  root zone, or, in specific applications,
       District to achieve the desired                       the raising of the level of ground water
       reduction in user demands during any                  through the root zone or to the soil
       phase of a water shortage.           The              surface.
       ultimate combination of restrictions
       chosen will be described within the             (6)   "Low-Volume Irrigation" means the
       water shortage order(s) published by                  use of equipment and devices
       the District as described in Rule 40A-                specifically designed to allow the
       21.275.                                               volume of water delivered to be limited
Specific Authority 373.044, 373.113 FS.
                                                             to a level consistent with the water
Laws Implemented 373.175, 373.246 FS.                        requirement of the plant being irrigated
History–New
                                                             and to allow that water to be placed with
                                                             a high degree of efficiency in the root
40A-21.051 DEFINITIONS                                       zone of the plant. The term also
                                                             includes water use in mist houses and
       When used in this plan:
                                                             similar    establishments     for   plant
(1)    "Chemigation" means the introduction                  propagation and low volume hand
       or application of chemicals (fertilizers,             watering/irrigation of plants or crops
       herbicides, fungicides, etc.) through an              with one hose fitted with a self-
       irrigation system.                                    canceling or automatic shutoff nozzle.
(2)    "Water Use Caution Area" means a                      Overhead irrigation and flood irrigation
       geographic area officially designated,                are not included.
       by rule or order, by the Governing              (7)   "Low-Volume       Mobile     Equipment
       Board that is experiencing, or is likely              Washing" means the washing of mobile
       to experience within the next 20 years,               equipment with a "bucket" and "sponge"
       source-specific     water      resource               or a hose with a self-canceling or
       problems of a significant long-term or                automatic shutoff nozzle or both.
       recurrent nature. Such a designation
                                                       (8)   "Low-Volume Pressure Cleaning"
       may result in the establishment of
                                                             means pressure cleaning by means of
       management levels in the area and
                                                             equipment which is specifically


                                                   2
      designed to reduce the inflow volume           (15) "Odd Numbered Days" means the days
      as accepted by industry standards.                  whose dates end in the numbers 1, 3, 5,
                                                          7, or 9. For purposes of this plan, each
(9)   "Management Level" means that
                                                          day will begin at 12:00 a.m.
      potentiometric level or surface water
      level below which it has been                  (16) "Overhead Irrigation" means the use
      determined that further declines could              of equipment and devices which deliver
      possibly     cause     water     quality            water under pressure, through the air,
      degradation or could interfere with any             above the level of the plant being
      existing legal uses of water in the area            irrigated.
      according to the best hydrologic               (17) "Percent Reduction in Overall Water
      information available.                              Use" means the total aggregate
(10) "Method of Extraction or Diversion                   reduction from all water uses within a
     Class" means the type of facility or                 source class, regardless of the type of
     means of withdrawal from the water                   use or method of withdrawal, which is
     resource employed by the user.                       necessary to reduce estimated present
     Method of extraction or diversion                    and anticipated water use demand to
     classes within the District are specified            estimate present and anticipated
     in Rule 40A-21.571.                                  available water supply.
(11) "Minimum Flow and Minimum                       (18) "Plan" means the water shortage plan
     Level" means that flow or level which                authorized in Section 373.246, Florida
     is the limit at which further                        Statutes, and contained in this
     withdrawals from the surface water or                document.
     ground water would be significantly             (19) "Reclaimed Water" means water that
     harmful to the water resources or                    has received at least secondary
     ecology of the area.                                 treatment and is reused after flowing out
(12) "Mobile Equipment" means any                         of a wastewater treatment facility.
     public,    private    or     commercial         (20) "Recycled Water" means runoff water
     automobile, truck, trailer, railroad car,            collected from a site and which is stored
     camper, boat, or any other type of                   for use.
     similar equipment. The term shall not
     include sanitation or sludge vehicles or        (21) "Reuse"        means      the    deliberate
     food vending or transporting vehicles.               application of reclaimed water, in
                                                          compliance with the Department of
(13) "Nursery Stock" means all plants,                    Environmental Protection and District
     trees, shrubs, vines, bulbs, cuttings,               rules, for a beneficial purpose.
     grafts, scions, buds, flowering annual
     plants, aquatic plants, seeds, corns or         (22) "Source Class" means the specified
     tubers, grown or kept for propagation,               water resource from which a user is
     distribution or sale.                                obtaining water either directly or
                                                          indirectly. Source classes within the
(14) "Odd Numbered Address" means the                     District are specified in Rule 40A-
     house address, box number or rural                   21.531.
     route ending in the numbers 1, 3, 5, 7,
     9 or the letters N-Z. Post office box           (23) "Traveling Volume Gun" means slow-
     numbers are not included.                            moving,    self-propelled irrigation
                                                          systems whereby water is projected


                                                 3
     through nozzles onto a limited portion         Specific Authority 373.044, 373.113 FS.
                                                    Laws Implemented 373.175, 373.246 FS.
     of a field, and which require manual           History—New
     repositioning after each pass.
(24) "Use Class" means the category                          PART II – DECLARING AND
     describing the purpose for which the                    IMPLEMENTING A WATER
     user is utilizing water. Use classes                           SHORTAGE
     within the District are specified in
     Rule 40A-21.551.                               40A-21.221 EVALUATING WATER
                                                               CONDITIONS
(25) "User" means any person or entity
     which directly or indirectly takes water       (1)    The District shall monitor the condition
     from the water resource, including                    of the water resources in the District as
     uses from private or public utility                   provided in 40A-21.401.
     systems, uses under consumptive use            (2)    Current data shall be compared to
     permits issued pursuant to Chapter                    historical data to determine whether the
     40A-2, F.A.C., or uses from individual                estimated present and anticipated
     wells or pumps for domestic or                        available water supply within any
     individual home use.                                  source class will be insufficient to meet
(26) "Water Resource" means any and all                    the estimated present and anticipated
     water on or beneath the surface of the                demands of the users from the source
     ground, including, water in natural or                class, or whether serious harm to the
     artificial water courses, lakes, ponds,               water resources can be expected.
     impoundments, streams, or diffused                    Factors that shall be considered in
     surface water and water percolating,                  determining whether serious harm to the
     standing or flowing beneath the                       water resource may occur include:
     surface of the ground.                                (a) Potential for increased saltwater
(27) "Water Shortage" means that                               intrusion, upconing, or other
     situation within all or part of the                       ground water contamination;
     District when water resources are                     (b) Potential     for increases   in
     insufficient to meet the needs of the                     drawdowns or cone of depressions
     users, or when conditions are such                        which may affect nearby users or
     that, to protect the water resources of                   the resource;
     the designated area from serious harm,
     temporary reductions in use are                       (c) Potential for significant adverse
     necessary. A water shortage usually                       impacts on fish and wildlife, and
     occurs as a result of a drought.                          the ecology of the area; and,
(28) "Water Shortage Emergency" means                      (d) Other factors adversely impacting
     that situation when provisions under a                    the water resources.
     water shortage declaration are not             Specific Authority 373.044, 373.113 FS.
                                                    Laws Implemented 373.175, 373.246 FS.
     sufficient to protect the public health,       History—New
     safety, or welfare; the health of
     animals, fish or aquatic life; a public
     water     supply;     or   commercial,         40A-21.231 DECLARING A WATER
     industrial, agricultural, or other                        SHORTAGE
     reasonable uses of water.                      (1)    The District shall evaluate the condition


                                                4
      of the water resources in the District as              the percent reduction in overall water
      specified in Rule 40A-21.221.                          use required to protect the water
                                                             resources from serious harm or to
(2)   Prior to declaring a water shortage for
                                                             reduce usage such that established
      a source class, the Board may issue a
                                                             management levels, if any, are
      water shortage warning calling for
                                                             maintained to the greatest extent
      voluntary reductions in use within that
                                                             possible.
      source class. The Board may elect to
      have the District staff coordinate the          (6)    When appropriate, the District shall
      water shortage warning with local                      designate source-specific Water Use
      interest     groups      and      other                Caution Areas in which more stringent
      representatives of the various affected                monitoring or control of the resource is
      user classes as well as emergency                      determined necessary. Within these
      preparedness and other related                         areas, appropriate water users will be
      agencies and includes increased data                   required to utilize reclaimed water
      monitoring and analysis. Delineation                   unless it is demonstrated to the District's
      of the source class boundaries will be                 satisfaction    that   reuse     is    not
      made by the best geographic means                      economically,      environmentally      or
      available.                                             technically feasible.
(3)   If the District determines that water           (7)    Upon the designation of a Water Use
      levels have fallen below established                   Caution Area the District may set
      management levels, if any, or that                     management levels, if not already
      there is a possibility that insufficient               established for each affected source
      water will be available within a source                class in that area. If deemed necessary,
      class to meet the user demands from                    the establishment of the management
      that source, to meet the requirements                  levels and the increased monitoring
      of the permit system, or to protect the                efforts will help to provide the District
      water resource from serious harm, the                  with a management framework which
      Board shall issue an order declaring a                 can be used to evaluate the impacts on
      water shortage for the affected source                 the water resources by present and
      class or classes. When the affected                    projected future users.
      source extends beyond the District's            (8)    Management levels may also be
      boundaries, the District will coordinate               established by the District for source
      water shortage declarations with other                 classes which are not in a Water Use
      appropriate agencies to the extent                     Caution Area.
      practicable.
                                                      Specific Authority 373.044, 373.113 FS.
(4)   A water shortage shall also be declared         Laws Implemented 373.175, 373.246 FS.
                                                      History–New
      for those source classes not presently
      experiencing a water shortage if usage
      from such sources can be reasonably             40A-21.251 WATER SHORTAGE PHASES
      expected to impact the present and                    This section establishes four phases of
      anticipated available water supply in           water shortage as a function of the estimated
      the source classes identified in                percent reduction in overall water use
      subsection (3).                                 required to protect the water resources from
(5)   If a water shortage is declared for a           serious harm or to reduce usage such that
      source class, the District shall estimate       established management levels are maintained


                                                  5
to the greatest extent possible.                         40A-21.271 WATER USE RESTRICTIONS
(1)      Each source class for which a water             (1)   The Board, when appropriate, shall
         shortage has been declared shall be                   order the specific water use restrictions
         assigned a specific water shortage                    listed in Part VI for the appropriate
         phase.    The water shortage phase                    water shortage phase for each affected
         selected for a source class shall be                  source class. Further, the Board may
         based upon:                                           order restrictions in addition to those
                                                               described in Rule 40A-21.621-.651.
         (a) The estimated percent reduction
                                                               These changes shall be specified by use
             required in overall water use; and,
                                                               or method of extraction or diversion
         (b) For areas with multiple sources,                  class, within each source class, if
             the extent to which users have the                deemed necessary, to achieve the
             capability to obtain water from a                 desired percent reduction in overall use.
             source or sources other than the
                                                         (2)   Additional conditions or restrictions
             source class for which a water
                                                               which may be considered include:
             shortage has been declared.
                                                               (a) Provisions that facilitate the right of
(2)      The following water shortage phases
         are established:                                          water users in an area to make
                                                                   voluntary     agreements        among
                                                                   themselves, with the concurrence of
                                 Percent Reduction                 the Board, providing for the mutual
                                  Goal in Overall                  reduction, sharing, or rotation of
       Water Shortage
                                     Water Use                     use;
           Phase                     Demand                    (b) Provisions for the metering and
  I.     Moderate                         15%                      reporting of all water used,
         Water                                                     diverted, impounded, extracted or
         Shortage                                                  withdrawn;
  II. Severe Water                        30%                  (c) Provisions designed to maintain
      Shortage                                                     any    management      levels or
                                                                   minimum flows and minimum
  III. Extreme                            45%                      levels, established pursuant to
       Water                                                       Section 373.042, F.S.;
       Shortage
                                                               (d) Provisions which recognize the
  IV. Critical Water                      60%                      extent to which users can satisfy
      Shortage                                                     water demands from sources for
                                                                   which a water shortage has not
                                                                   been declared;
(3)      If the Governing Board determines that
         greater than 60% reduction in water                   (e) Provisions for monitoring water
         use is necessary, the Board will                          levels and determining chloride and
         develop       appropriate   additional                    other contaminant concentrations in
         restrictions.                                             order to protect against saltwater
Specific Authority 373.044, 373.113 FS.
                                                                   intrusion or other deterioration of
Laws Implemented 373.175, 373.246 FS.                              water quality, including the closing
History–New
                                                                   or plugging of wells;



                                                     6
       (f) Restrictions on the total amount of                Director, his designee or the Governing
           water that may be used, diverted,                  Board grants the variance.
           impounded,        extracted,     or          (2)   Criteria for Issuance – No petition for
           withdrawn during any day, month,                   variance will be considered for approval
           or year;                                           unless the petitioner provides reasonable
       (g) Restrictions on the timing of use,                 assurances that the variance will not be
           diversion,          impoundment,                   harmful to the water resources of the
           extraction, or withdrawal of                       District, and no other acceptable source
           water;                                             of water is available for the intended
                                                              use, and affirmatively demonstrates that
       (h) Restrictions on pumping rates and
                                                              one or more of the following
           schedules or diversion rates and
                                                              circumstances exists:
           schedules; or,
                                                              (a) The variance is essential to protect
       (i) Such      other   provisions   or
                                                                  health or safety;
           restrictions as are necessary to
           protect the water resources from                   (b) Compliance with the particular rule
           serious harm.                                          or order from which a variance is
                                                                  sought will require measures which,
(3)    If mandatory or other reductions on
                                                                  because of their extent or cost,
       permittees are in effect at the time of a
                                                                  cannot be accomplished within the
       water shortage declaration, these
                                                                  anticipated duration of the declared
       restrictions will remain in effect unless
                                                                  water shortage;
       the designated phase restrictions for
       that user class are greater. In that case,             (c) Compliance with the particular rule
       the more restrictive measures will be                      or order from which a variance is
       followed.                                                  sought will result in a substantial
                                                                  economic burden (supported by
(4)    Nothing herein shall limit any local,
                                                                  analytical documentation), or a
       state, or federal agency from
                                                                  substantial social or health burden
       establishing more restrictive water use
                                                                  on the applicant or those served by
       measures. If more stringent water
                                                                  the applicant, which is significantly
       conservation         measures        are
                                                                  greater than the burden on others
       promulgated by an appropriate
                                                                  within that use class;
       governmental entity, those more
       restrictive water use requirements shall               (d) Alternative restrictions which can
       apply and be enforced by the particular                    be implemented by the applicant
       government entity.                                         which would achieve the same level
Specific Authority 373.044, 373.113 FS.                           of demand reduction as required by
Laws Implemented 373.175, 373.246 FS.                             the restriction of the District from
History–New
                                                                  which a variance is sought and
                                                                  which are binding and enforceable
40A-21.275 VARIANCES                                              on the applicant;
(1)    All users requesting relief from the                   (e) The applicant is a private or public
       provisions of this plan shall file with                    utility that demonstrates that special
       the District a petition for a variance,                    circumstances       exist       which
       but shall conform to water use                             necessitates the issuance of a
       restrictions until the Executive                           variance.


                                                    7
(3)   Limiting Conditions - Variances                    shortage phase, restriction or
      granted shall be subject to the                    provision from which the petitioner
      following conditions, unless waived or             is requesting relief;
      modified by the Board:                         (c) A detailed statement of      the facts
      (a) The variance granted shall be the              which the petitioner           believes
          minimum necessary to alleviate                 demonstrate that the            request
          the circumstance for which the                 qualifies for a variance,    including
          variance was requested.                        any reports by qualified      technical
                                                         experts (e.g., PG, PE);
      (b) All variances shall automatically
          expire upon a declaration by the           (d) A specific description of the relief
          Board that a water shortage no                 desired (i.e., irrigation times,
          longer exists or when a more                   pumping amounts, etc.);
          restrictive      water      shortage       (e) The period of time for which the
          declaration is made. However,                  variance is sought, including the
          variance conditions which require              reasons and facts in support thereof;
          the petitioner to modify water use
          facilities to eliminate the need for       (f) The damage or harm resulting, or
          variances in the future shall                  which may result, to petitioner or to
          remain in full force and effect                others from compliance with the
          until such modifications have                  rule, order, restriction or provision;
          been completed. However, when              (g) The water use restrictions which
          a new application for variance is              petitioner can meet and the date
          filed within seven (7) working                 when petitioner can comply with
          days of the effective date of a                such restrictions;
          more restrictive water shortage
          declaration, the existing variance         (h) If the variance is sought under
          shall remain in effect until final             paragraph     (2)(b),   information
          agency action on the application.              identifying the restrictions which
                                                         currently can be met, a description
      (c) Variances       granted     under              of the measures which would be
          paragraph        (2)(b),     when              necessary to meet all restrictions
          appropriate, shall prescribe a                 and the date when these measures
          timetable for compliance with the              could be completed;
          restrictions from which a variance
          was sought.                                (i) If the applicant is the owner or
                                                         operator of a golf course whose
(4)   Petitions for Variances - The petition             need for a variance arises from the
      shall contain the following:                       operational inability of its irrigation
      (a) The petitioner's name and address,             system or works to meet the front
          home and work telephone                        half/back half golf course irrigation
          number, consumptive use permit                 requirement in 40A-21, Part V,
          number (if any), and a sufficiently            Specific Restrictions, the applicant
          detailed map showing the location              shall submit a map showing the
          of the property and its address for            proposed alternative division of the
          which relief is requested;                     course in-halves and an explanation
                                                         of    the    applicant's     proposed
      (b) The specific rule, order, water


                                                 8
          irrigation scheme;                              previously submitted.
      (j) For applications for variance from          (c) Within five working days after
          restrictions on irrigation, a general           receipt of a complete petition for
          description of the irrigation                   variance, the staff will recommend
          system, including pump size or                  to the Executive Director or his
          water system output, map of                     designee whether the petition
          irrigated area, and net acres                   complies with the provisions of
          irrigated;                                      subsections 40A-21.275 (2) through
                                                          (4). The recommendation will be in
      (k) The steps the petitioner is taking
                                                          writing and shall constitute
          to meet the restriction or provision
                                                          proposed agency action.            The
          from which the variance is sought;
                                                          District shall set forth in writing the
      (l) If the variance being sought is in              grounds or basis for any denial of a
          the form of an extension of time                variance and inform the applicant
          for compliance, the steps the                   of the right to a petition for an
          petitioner is presently taking to               administrative hearing on the denial
          comply and when compliance will                 of the application. A copy of the
          be achieved; and,                               recommendation will be forwarded
      (m) Any other information the                       to the petitioner.
          petitioner believes is material.            (d) The Executive Director or his
(5)   Variance Procedures                                 Designee shall review the petition
                                                          and the staff recommendation.
      (a) Unless the petitioner requests                  Petitions which do not require
          otherwise, the petition for                     immediate action or which do not
          variance or any petition for                    comply with the provisions of
          hearing an application for a                    subsections (2) through (4) may be
          variance shall be considered a                  deferred by the Executive Director
          petition for informal proceedings               for Board action. Petitions which
          under Chapter 120, Florida                      require immediate action and which
          Statutes.                                       comply with the provisions of
      (b) If a petition for variance is                   subsections (2) through (4) may be
          incomplete        or      additional            temporarily     granted    by    the
          information is required, the                    Executive Director or his Designee.
          District shall, within five working             Orders temporarily granting a
          days after receipt of the petition              petition by the Executive Director
          for variance, attempt to notify the             or his Designee shall be presented
          applicant of any deficiencies in                to the Board for concurrence,
          the petition or of any additional               rejection or modification. In case
          information that is required. No                of an extreme hardship which
          action shall be taken until the                 threatens the livelihood of a water
          requested information is furnished              user, the Executive Director, or his
          by the petitioner or until the                  Designee, upon receipt of a
          petitioner directs the District in              complete variance request, may
          writing to act on the petition -                immediately        authorize      an
          based upon the information                      emergency      variance.        The
                                                          emergency variance, if authorized,


                                                  9
              would be in effect until such time
                                                                 40A-21.291 IMPLEMENTING A WATER
              as the District fully evaluates and
                                                                            SHORTAGE DECLARATION
              acts upon the request as provided
              for in sections 40A-21.275(3) and                  (1)   When a water shortage is declared, or if
              (5), Florida Administrative Code.                        already declared and a different level of
              The District, when appropriate,                          restrictions is imposed, the Governing
              shall attach to the variance                             Board shall cause publication of a notice
              authorizations any restrictions or                       of declaration or restrictions. The notice
              conditions necessary to protect                          shall be published at least once in a
              existing legal user(s) or the                            prominent place in a newspaper of
              resource.                                                general circulation in the affected areas
                                                                       of the water shortage. In addition, the
        (e) The Board shall consider all                               District shall make reasonable effort to
            deferred petitions as well as those                        inform the general public of the
            temporarily granted by the                                 restrictions in effect and the sources of
            Executive      Director     or     his                     supply which are affected. Particular
            Designee, at its next regularly                            attention shall be given to presenting
            scheduled meeting. The Board                               this information in a form which is
            may grant, or deny the deferred                            easily understood and applied by the
            petitions and may ratify, modify,                          citizens of the affected areas.
            or     rescind    those     petitions
            temporarily granted by the                           (2)   The Governing Board shall cause
            Executive      Director     or     his                     notification by regular mail of each
            Designee. All Board actions will                           affected consumptive use permittee
            be by written order and copies                             within the affected source class of any
            shall be furnished to the petitioner                       changes in the conditions of permits
            and      the     appropriate      law                      within the affected source class, any
            enforcement         officials       or                     suspension of permits within the
            appropriate governmental entity.                           affected source class or any other
            A petitioner whose variance has                            restriction on uses of water within the
            been granted will be furnished an                          affected source class.
            appropriate notice of water                          (3)   The District shall notify local
            shortage variance and any                                  governments in the affected area of any
            attachments which must be                                  water shortage declaration. In addition,
            prominently displayed at the                               local law enforcement officials shall be
            petitioner's place of use.                                 notified as soon as possible of any water
        (f) The Board shall revoke or modify                           shortage declaration or change of
            a variance when it determines that                         restrictions in effect within their areas of
            the continued utilization of the                           jurisdiction.
            variance is inconsistent with the                    (4)   An order declaring a water shortage or
            objectives of the District.                                imposing more severe restrictions shall
Specific Authority 373.044, 373.113, 373.244, 373.246 FS.              become effective seven days after any
Laws Implemented 373.175, 373.246 FS.
History–New                                                            notice required in subsection (1) is
                                                                       published. An order declaring a water
                                                                       shortage shall remain in effect until
                                                                       modified or rescinded by the Board.


                                                            10
(5)    A declaration of water shortage and            anticipated water use demand of any
       any provision or restriction adopted           user or class of users and the estimated
       pursuant thereto under the water               present and anticipated available water
       shortage plan may be modified or               supply will be insufficient for the
       rescinded by the Executive Director if         protection of the public health, safety or
       the order rendering the Governing              welfare, or the health of animals, fish or
       Board's declaration of water shortage          aquatic life, a public water supply, or
       specifically delegates to the Executive        the minimum needs of commercial,
       Director the authority to modify or            industrial,   agricultural,   or     other
       rescind the existing water shortage            reasonable-beneficial uses.
       restrictions.                                  (a) The present and anticipated
(6)    All decisions of the Executive Director            available water supply shall be
       made pursuant to this subsection shall             estimated. Factors that shall be
       be by order and subject to ratification            considered include:
       by the Board at the next scheduled                 1. Those factors listed in 40A-
       Board meeting.                                        21.221;
(7)    A declaration of water shortage and                2. The ability to obtain water from
       any provision or restriction adopted                  other users;
       pursuant thereto under the water
       shortage plan may be modified or                   3. The ability to obtain water from
       rescinded by the Board.                               another source class; and
Specific Authority 373.044, 373.113 FS.                   4. Other factors affecting the
Laws Implemented 373.175, 373.246 FS.
History–New                                                  present and anticipated available
                                                             water supply of a user.
           PART III – EMERGENCY                       (b) The potential for adverse impacts
               PROVISIONS                                 on the public health, safety, or
                                                          welfare, or the health of animals,
                                                          fish or aquatic life, or a public
40A-21.331 DECLARING A WATER                              water supply, or commercial,
           SHORTAGE EMERGENCY                             industrial, agricultural or other
(1)    The District shall monitor the                     reasonable-beneficial uses shall be
       condition of the water resources of the            evaluated. Factors that shall be
       District and the needs of the users as             considered include:
       provided in 40A-21.401 to determine                1. Those factors listed in 40A-
       whether a water shortage emergency                    21.221;
       exists. A water shortage emergency
       can occur under two situations: first,             2 The extent to which adverse
       when specific users rather than classes              impacts can be reduced by
       of users must be restricted and second,              imposing additional restrictions
       when the emergency occurs so                         on other users from the same
       abruptly that immediate action is                    source class;
       needed to restrict classes of users.               3. The extent to which restricting
(2)    Current data shall be evaluated to                    other users from the same source
       determine whether the present or                      class will create other adverse
                                                             impacts;


                                                 11
              4. If the user(s) affected is or                  water resources of the District.
                 includes a local governmental           (2)    A water shortage emergency declaration
                 unit, the recommendations of                   shall identify all restrictions deemed
                 its elected officials; and                     necessary to meet the emergency. All
              5. Factors relating to public                     users to whom an emergency order is
                 health, safety and welfare.                    directed will comply immediately, but
                                                                may petition the Board for a hearing as
(3)    If the provisions of a water shortage
                                                                set forth in Section 373.119, Florida
       declaration are not sufficient to protect
                                                                Statutes.
       the public health, safety or welfare, the
       health of animals, fish or aquatic life, a        (3)    All restrictions ordered pursuant to the
       public water supply, or commercial,                      declaration of a water shortage
       industrial, agricultural, or other                       emergency shall be in addition to, and
       reasonable-beneficial uses, then the                     enforced in combination with, any and
       Executive     Director,      with     the                all restrictions imposed under a water
       concurrence of the Governing Board,                      shortage declaration, unless specifically
       may declare a water shortage                             stated otherwise within the orders.
       emergency for the affected users.                 (4)    All restrictions ordered pursuant to the
(4)    If a water shortage emergency is                         declaration of a water shortage
       declared for a class or classes of users,                emergency by the Executive Director, as
       the Executive Director, with the                         provided in section 40A-21.331(3), will
       concurrence of the Governing Board,                      be subject to ratification, modification
       shall define the restrictions needed to                  or elimination by the Board at its next
       alleviate the emergency.                                 scheduled meeting.
(5)    The declaration of a water shortage               Specific Authority 373.044, 373.113 FS.
                                                         Laws Implemented 373.119, 373.175, 373.246 FS.
       emergency by the Executive Director,              History–New
       as provided in section 40A-21.331(3),
       shall be ratified, modified or rescinded
                                                         40A-21.391 IMPLEMENTING A WATER
       by the Board at its next scheduled
                                                                    SHORTAGE EMERGENCY
       meeting.
                                                                    DECLARATION
Specific Authority 373.044, 373.113 FS.
Laws Implemented 373.119, 373.175, 373.246 FS.           (1)    When a water shortage emergency is
History–New
                                                                declared or if already declared and more
                                                                severe restrictions are imposed, the
40A-21.371 WATER USE RESTRICTIONS IN                            District shall make reasonable effort to
           A WATER SHORTAGE                                     inform all users to whom an emergency
           EMERGENCY                                            order is directed of the existence of such
                                                                order, and all associated restrictions, by
(1)    When a water shortage emergency is
                                                                the best, practicable means available
       declared and the Executive Director,
       with the concurrence of the Governing                    under the circumstances.        Particular
                                                                attention shall be given to presenting
       Board, issues orders imposing
                                                                this information in a form which is
       restrictions deemed necessary to meet
                                                                easily understood and applied by the
       the emergency, such restrictions may
                                                                citizens of the affected areas.
       include:       apportioning, rotating,
       limiting, or prohibiting the use of the           (2)    The District shall make reasonable



                                                    12
       effort to notify each affected user of
                                                             PART IV – MONITORING AND
       any change in the condition of his use,
                                                                   ENFORCEMENT
       any suspension of his use, or any other
       restriction on his use by any means
       reasonable under the circumstances.             40A-21.401 MONITORING
       When the Board concurs in and ratifies          (1)   This section applies to the collection and
       the Executive Director's action,                      analysis of data which the District may
       affected permittees shall be notified as              undertake in anticipation of and during a
       provided in subsection 40A-21.291(2).                 declared water shortage or water
(3)    The District shall notify local                       shortage emergency.        Data obtained
       government officials of any water                     from monitoring efforts may be used to
       shortage      emergency     declaration.              determine:
       Notice shall be by the best, practicable              (a) Whether a water shortage warning
       means under the circumstances. In                         should be issued;
       addition, local law enforcement
       officials shall be notified as soon as                (b) Whether an area should be
       possible of any water shortage                            designated a Water Use Caution
       emergency declaration or change of                        Area;
       restrictions affecting their areas of                 (c) Whether a water shortage should be
       jurisdiction.                                             declared;
(4)    The declaration of a water shortage                   (d) Whether    a    water     shortage
       emergency and any measures adopted                        emergency should be declared;
       pursuant thereto may be modified or
       rescinded by the Executive Director,                  (e) Whether existing restrictions are
       with the concurrence of the Governing                     needed or are sufficient to protect
       Board, and later ratified, modified, or                   the water resources and users
       rescinded, by the Board at its next                       within the affected area, in light of
       scheduled meeting or at any following                     existing       and       anticipated
       meeting.                                                  climatological and hydrologic
                                                                 conditions;
(5)    An order declaring a water shortage
       emergency and any measures adopted                    (f) Whether the restrictions in effect
       pursuant thereto shall become effective                   require additional enforcement
       upon issuance, unless otherwise                           efforts; or,
       specified in the order. An order                      (g) Whether the restrictions in effect
       declaring a water shortage emergency                      may be rescinded.
       and any measures adopted pursuant
                                                       (2)   Data may be obtained from any reliable
       thereto shall remain in effect until
                                                             source available, including:
       modified or rescinded pursuant to
       subsection (4).                                       (a) The District, including information
Specific Authority 373.044, 373.113 FS.                          on permitted quantities, relevant
Laws Implemented 373.175, 373.246 FS.                            pumpage and meter records,
History–New
                                                                 general                hydrological,
                                                                 meterological,     and    biological
                                                                 information and all other relevant
                                                                 information;


                                                  13
      (b) Other water management districts;            (4)    Demand        Monitoring.           When
                                                              appropriate, the District will collect and
      (c) Permittees who are required to
                                                              analyze data concerning any aspect of
          submit data as a condition of their
                                                              user demand upon the water resources.
          permit;
                                                              Data which may be collected include:
      (d) Any local,      state,   or   federal
                                                              (a) Historical and estimated current
          agency;
                                                                  and anticipated water use of
      (e) Any other source available.                             permitted users;
(3)   Resource      Monitoring.          When                 (b) Historical and estimated current
      appropriate the District will collect and                   and anticipated water use of users
      analyze data concerning any aspect of                       exempt from permitting, but subject
      the water resource. Data which may                          to the provisions of the water
      be collected include:                                       shortage plan;
      (a) Any existing management levels;                     (c) Historical and anticipated seasonal
      (b) Historical, current, and anticipated                    fluctuations in water use;
          levels in surface and ground                        (d) The extent to which user demands
          waters, including potentiometric                        may be met from other source
          heads in unconfined, confined,                          classes; and
          and semi-confined aquifers;
                                                              (e) Other factors affecting present and
      (c) Historic, current, and anticipated                      anticipated water use.
          flows in surface waters;                     Specific Authority 373.044, 373.113 FS.
                                                       Laws Implemented 373.175, 373.246 FS.
      (d) Historic, current and anticipated            History–New
          water quality in surface and
          ground waters;
                                                       40A-21.421 ENFORCEMENT
      (e) The extent to which water may be
          transferred from one source class            (1)    It is the policy of the District to seek the
          to another;                                         cooperation and assistance of the state,
                                                              county and municipal governmental
      (f) The extent to which present water                   officials, and law enforcement officials
          use restrictions may enhance                        in the enforcement of the water shortage
          future supplies or postpone more                    plan or water shortage emergency or any
          stringent restrictions;                             water shortage order issued pursuant
      (g) Historical, current, and anticipated                thereto. Counties and municipalities
          demand of natural systems,                          within the jurisdiction of the District are
          including      losses     due     to                encouraged to adopt ordinances which
          evapotranspiration and seepage                      provide for local enforcement of the
          and needs of fish and wildlife;                     provisions of this plan, or any order
                                                              adopted pursuant thereto. It shall be the
      (h) Historic, current, and anticipated                  policy of the District to encourage local
          seasonal fluctuations in rainfall;                  law enforcement officials to provide
      (i) Other water quantity and quality                    violators of the water use restrictions
          factors affecting present and                       with no more than one written warning
          anticipated   available   water                     during the initial phases of a water
          supply.                                             shortage or water shortage emergency.


                                                  14
(2)   In enforcing the provisions of any                       possessory interest in those premises is
      water shortage order issued pursuant to                  responsible. In the event that no one is
      this plan, the District may utilize any                  present at the premises while such
      of the enforcement remedies available                    unauthorized use is occurring, it shall be
      pursuant to Chapters 120 or 373,                         presumed that the owner of the premises
      Florida Statutes.                                        is responsible for such use. These
                                                               presumptions shall not affect the burden
(3)   Enforcement action may be initiated
                                                               of proof of the District to present a
      by the Executive Director or his
                                                               prima facia case as to each violation,
      Designee pursuant to Section 373.603,
                                                               and shall be rebuttable by the
      Florida Statutes, against an individual
                                                               presentation of evidence to indicate that
      violator or class of violators or all of
                                                               another person was responsible for the
      the violators of a particular water
                                                               unauthorized water use.
      shortage order issued pursuant to this
      plan.                                            Specific Authority 373.044, 373.113, 373,246, 373.603, 373.609 FS.
                                                       Laws Implemented 373.175, 373.246 FS.
                                                       History–New
(4)   The Executive Director or his
      Designee      may     assign     District
      personnel for the purpose of initiating                PART V - THE CLASSIFICATION
      enforcement action, pursuant to                                   SYSTEM
      Section 373.603, Florida Statutes,
      against an individual violator or class
                                                       40A-21.511 CLASSIFICATION SYSTEM
      of violators of any water shortage rule
      or order issued pursuant to this plan.                Unless the emergency provisions of this
                                                       plan are invoked, water users are regulated by
(5)   In the event that a water shortage or            class under the provisions of this water
      water shortage emergency has been                shortage plan. This section establishes the
      declared and the provisions of this plan
                                                       Classification System which provides the
      have been invoked, the Executive
                                                       basis for distinguishing among different user
      Director, with the concurrence of the
                                                       classes. Under the system, each water user is
      Governing Board, may thereafter take
                                                       classified according to source, use, and
      appropriate emergency action pursuant
                                                       method of extraction or diversion.
      to Sections 373.175(4), 373.246(7) and
                                                       Specific Authority 373.044, 373.113 FS.
      120.69, Florida Statutes, or Chapter             Laws Implemented 373.175, 373.246 FS.
      40A-1.209, Florida Administrative                History–New
      Code, to enforce the provisions of this
      plan or any order issued pursuant                40A-21.531 SOURCE CLASSES
      thereto, or alleviate any emergency
      conditions which might thereafter                (1)     Each user may be classified according to
      occur. Such action shall be ratified,                    ground or surface sources of water as
      modified, or rescinded by the Board at                   described in Chapter 40A-2.501, F.A.C.
      its next scheduled meeting.                      (2)     Those users who are required to obtain a
(6)   In the event a water user is in violation                Consumptive Use Permit under the
      of the water shortage plan or any water                  provisions of Chapter 40A-2, Florida
      shortage order issued pursuant thereto,                  Administrative Code, will be assigned a
      it shall be presumed that the person                     source classification at the time the
      present at the premises where such                       permit is issued.
      unauthorized use is occurring who has


                                                  15
Specific Authority 373.044, 373.113 FS.                  (7)   "Diversion and Impoundment Into
Laws Implemented 373.175, 373.246 FS.                          Non-District Facilities" means the
History–New
                                                               diversion or extraction of water into
                                                               non-District impoundments and delivery
40A-21.551 USE CLASSES                                         systems designed for purposes including
      Each water user shall be given one or                    maintaining      structural     integrity,
more of the following use classes regardless                   providing agricultural water and other
of whether the water is self-supplied or                       non-recreational non-aesthetic use.
provided by a public water supply system.                (8)   "Domestic Use" means any use of
However, the Governing Board may                               water for personal needs or for
establish such additional use classifications                  household purposes such as drinking,
as it deems necessary.                                         bathing, cooking, sanitation or cleaning,
(1)    "Aesthetic Use" means the use of                        which occurs in a residence.
       water for fountains, waterfalls, and              (9)   "Essential Use" means use of water
       landscape lakes and ponds where such                    strictly for fire fighting purposes, health
       uses are primarily ornamental and                       and medical purposes and the use of
       decorative.                                             water to satisfy federal, state or local
(2)    "Agricultural Irrigation Use" means                     public health and safety requirements.
       the use of water for the commercial               (10) "Freeze Protection" means the periodic
       production of crops or the growing of                  and infrequent use of water to protect
       farm products including: vegetables,                   agricultural and nursery crops from
       citrus, pasture, nursery stock, turf grass             permanent damage due to low
       and sod.                                               temperatures. This action would be
(3)    "Aquacultural Use" means the use of                    taken in response to forecasts of
       water for the spawning, cultivating,                   freezing temperatures by official
       harvesting or marketing of fin-fish,                   weather forecasting services.
       shellfish, crustaceans, frogs, turtles,           (11) "Golf Course Irrigation Use" means
       alligators and other aquatic organisms                 water used to irrigate golf courses.
       that have a sport or other economic
                                                         (12) "Heating and Cooling Use" means the
       value.
                                                              use of water for heating, air-
(4)    "Aquifer Restoration Use" means the                    conditioning or other cooling uses.
       withdrawal of water for the purpose of
                                                         (13) "Industrial Use" means the use of
       recovering contaminant(s) to restore
                                                              water integral to the production of the
       or improve the quality of the water
                                                              primary goods provided by a business
       within an aquifer.
                                                              establishment, and includes those many
(5)    "Commercial Use" means the use of                      uses wherein the water serves the
       water integral to the production of the                purposes of manufacturing, commerce,
       primary goods or services provided by                  trade or industry.
       a business establishment, such as a car
                                                         (14) "Landscape Irrigation Use" means the
       wash and laundromat.
                                                              outside watering of plants, shrubs, grass,
(6)    "Dewatering Use" means the removal                     trees, and other such flora in landscapes
       of water from a specific area to                       surrounding homes, non-commercial
       facilitate mining or construction.                     household gardens, industrial buildings,



                                                    16
     parks, recreational areas, cemeteries,         (23) "Public Supply Use" means water used
     public right-of-ways, and medians.                  for withdrawal, treatment, transmission
                                                         and distribution by public water
(15) "Livestock and Other Animal Use"
                                                         systems.
     means the use of water for drinking by
     or washing of livestock, including zoo         (24) "Recreation Area Irrigation Use"
     animals.                                            means the use of water for irrigating
                                                         recreational areas such as football,
(16) "Mining Use" means the use of water
                                                         baseball, or soccer fields, and
     for extraction, transportation, or
                                                         playgrounds.
     processing of minerals.
                                                    (25) "Sanitation" includes supplying water
(17) "Navigation Use" means water
                                                         for toilet facilities and for cleaning,
     discharged from ground or surface
                                                         when the use occurs in a non-residence.
     sources either to tide water or to
                                                         This use DOES NOT include any use of
     downstream lakes or reaches of rivers
                                                         water for personal needs, such as
     or canals for the purpose of permitting
                                                         bathing, showering, use of lavatories,
     or protecting boating activity.
                                                         cooking, or drinking which occurs in a
(18) "Nursery Irrigation Use (Non-                       commercial or industrial establishment
     agricultural)" means the use of water               or any other type of non-residence.
     on premises in which nursery plants
                                                    (26) "Soil Flooding" means the use of water
     are held for sale or distribution or
                                                         for the raising of water levels on
     shipment. The term does not apply to
                                                         agricultural lands for purposes not
     water used for production of nursery
                                                         directly related to crop growth including
     stock.
                                                         soil preservation, crop harvesting and
(19) "Other Outside Use" means the use of                pest control.
     water outdoors for dust control, the
                                                    (27) "Water Based Recreation Use" means
     maintenance, cleaning and washing of
                                                         water used for public or private
     structures and mobile equipment
                                                         swimming and wading pools, spas and
     including automobiles and the washing
                                                         other water-oriented recreation such as
     of streets, driveways, sidewalks and
                                                         fishing, boating and water slides.
     similar areas.
                                                    Specific Authority 373.044, 373.113 FS.
(20) "Other Public Supply Use" means the            Laws Implemented 373.175, 373.246 FS.
                                                    History–New
     use of water in public drinking water
     systems not covered or included in the
     Florida Safe Drinking Water Act and            40A-21.571 METHOD OF EXTRACTION OR
     as defined in Chapter 64E-8, Florida                      DIVERSION CLASSES
     Administrative Code, Rule of the
                                                          Each water user may be identified by
     Department of Health.
                                                    one or more of the following methods of
(21) "Perishable Food Processing" means             extraction or withdrawal classes. However,
     industrial    uses    involving the            the Governing Board may establish such
     processing of perishable foods.                additional classes as it deems necessary.
(22) "Power Production Use" means the               (1)    Surface Waters:
     use of water for steam generation and                 (a) pump
     the use of water for cooling and for                  (b) gravity flow
     replenishment of cooling reservoirs.                  (c) siphon


                                               17
(2)    Ground Waters:                                          Governing Board, the District may
       (a) flowing artesian well                               require signs be posted identifying the
       (b) pumped well                                         use of reclaimed water for other uses.
Specific Authority 373.044, 373.113 FS.                 (5)    The use of recycled water from a
Laws Implemented 373.175, 373.246 FS.
History–New                                                    holding pond(s) is allowed anytime
                                                               provided the ponds are not augmented
                                                               from wells or surface water sources.
 PART VI - SPECIFIC RESTRICTIONS
                                                        (6)    In addition to the restrictions specified
                                                               in this plan, wasteful and unnecessary
40A-21.601 SPECIFIC RESTRICTIONS
                                                               water use is prohibited regardless of the
(1)    Upon declaration of a water shortage                    phase of water shortage. Such wasteful
       or water shortage emergency, the use                    and unnecessary water use shall include,
       of water in a manner inconsistent with                  but not be limited to:
       the restrictions specified in this plan,
                                                                (a) Allowing water to be dispersed
       shall be prohibited. It shall be the duty
                                                                    without any practical purpose to the
       of each water user to stay informed as
                                                                    water user, regardless of the type of
       to the phase of water shortage and the
                                                                    water use;
       applicable restrictions for the phase.
       Violation of the restrictions specified                 (b) Allowing water to be dispersed in a
       in this plan is subject to enforcement                      grossly      inefficient     manner,
       action pursuant to section 373.603,                         regardless of the type of water use;
       Florida Statutes, and 40A-21.421,                       (c) Allowing water to be dispersed to
       Florida Administrative Code. The                            accomplish a purpose for which
       specific restrictions specified in this                     water use is unnecessary or which
       plan are presented in Sections 21.621,                      can be readily accomplished
       21.631, 21.641, and 21.651.                                 through alternative methods of
(2)    Water users, when possible, shall                           significantly less water use.
       maximize the use of water of the                 Specific Authority 373.044, 373.113 FS.
       lowest acceptable water quality                  Laws Implemented 373.175, 373,246 FS.
                                                        History–New
       available, which includes the reuse of
       reclaimed water.
                                                        40A-21.621 PHASE I: MODERATE WATER
(3)    Water users having access to more
                                                                   SHORTAGE
       than one source class shall maximize
       the use of the lesser or least restricted              A Phase I Water Shortage refers to a
       source class and the lowest acceptable           moderate shortage, whereby a reduction in
       water quality of that source class.              overall user demand of up to 15 percent is
                                                        necessary to achieve adequate protection of
(4)    The use of reclaimed water is not                the water resource, and of the public health,
       restricted for all legitimate reuse              safety, and welfare. In addition to the
       activities.   Irrigation sites using             following restrictions, the Governing Board in
       reclaimed water must include signs               consultation with District staff, shall when
       designed and located to inform the               necessary, implement other restrictions to
       general public and District personnel            achieve the required percent reduction in
       of such use.        When determined              overall demand.
       necessary and appropriate by the
                                                        (1)    Aesthetic Use (Fountains, Pond Water


                                                   18
     Level Maintenance, etc.)                                  systems     for    cleaning     and
                                                               maintenance purposes shall be
     (a) Outside use of water for aesthetic
                                                               limited to the minimum necessary
         purposes is prohibited.
                                                               to maintain efficient operation of
     (b) Voluntary reduction in the inside                     the system and shall be limited to a
         use of water for aesthetic purposes                   maximum of once per week.
         is encouraged.
                                                           (i) Flood and seepage irrigation
(2) Agricultural Irrigation Use                                methods shall not have a tailwater
     (a) Low volume irrigation is not                          discharge from the property.
         restricted.                                       (j) The voluntary use of other water
     (b) Overhead irrigation, except by                        conservation    techniques    is
         traveling volume gun, will be                         encouraged.
         restricted to the hours of 2:00 p.m.        (3)   Aquacultural Use
         to 10:00 a.m.
                                                           oluntary reduction in water use is
     (c) Voluntary restrictions in the use                 encouraged.
         of traveling volume gun irrigation
                                                     (4)   Aquifer Restoration Use
         systems is encouraged.
                                                           he withdrawal of water shall be limited
     (d) Irrigation of, or preparation for,
                                                           to the minimum necessary to efficiently
         planting new nursery plants is
                                                           operate the recovery system.
         allowed any time of day for one
         30 day period provided irrigation           (5)   Commercial Use
         is limited to the amount necessary                (a) The use of fresh water shall be
         for plant establishment.                              reduced to the greatest extent
     (e) All irrigation systems will be                        practicable by employing water
         operated in a manner that will                        conserving measures and water
         maximize the amount of water                          conserving devices.
         placed and held in the root zone of               (b) Off-site discharge shall be reduced
         the crop and will minimize the                        or eliminated to the extent possible.
         amount of water which is
         withdrawn and released or lost to                 (c) Recycled water shall be used to
         the user but is not immediately                       replace fresh water wherever
         available to other users.                             feasible.
     (f) Chemigation shall be coordinated                  (d) Clean-up requiring water use shall
         with the irrigation schedules.                        be reduced to the minimum
                                                               required to protect the efficiency of
     (g) Watering in of chemicals,                             the operation and prevent damage
         including insecticides, pesticides,                   to equipment.
         fertilizers,   fungicides,     and
         herbicides, when required by law,                 (e) Reduce or suspend the washing of
         the     manufacturer,   or     best                   vehicles except for health and
         management practices, shall be                        safety needs.
         coordinated with the irrigation                   (f) Voluntary reductions in water used
         schedules.                                            in other commercial processes are
     (h) The     operation    of   irrigation                  encouraged.


                                                19
(6)   Dewatering Use                                      (c) Irrigation of fairways, roughs, and
                                                              non-play areas on the back one half
      Discharge of fresh water to tide is
                                                              of the course(s) shall be restricted
      prohibited.
                                                              to the hours of 12:00 midnight to
(7)   Diversion & Impoundment into Non-                       8:00 a.m. on Tuesday, Thursday,
      District Facility                                       and Sunday.
      Voluntary reductions in diversions are              (d) Irrigation of seeded or sprigged
      encouraged.                                             areas that have been in place for
(8)   Domestic Use                                            less than thirty days shall be
                                                              allowed daily for 10 minutes per
      Voluntary reduction of household                        irrigation zone from 11:30 a.m. to
      domestic use to 60 gallons per person                   12:00 p.m., 1:30 p.m. to 2:00 p.m.,
      per day is encouraged.                                  and 3:30 p.m. to 4:00 p.m.
(9)   Essential use                                       (e) Reduce or suspend as possible,
      (a) The use of water for firefighting                   those horticultural practices which
          and health or medical purposes is                   stimulate the need for increased
          not restricted.                                     irrigation.
      (b) Fire hydrant flushing and testing               (f) Chemigation shall be coordinated
          is restricted to that necessary for                 with the irrigation schedules.
          the protection of human health,                 (g) Watering in of chemicals, including
          safety, and welfare.                                insecticides, pesticides, fertilizers,
      (c) Sanitary sewer line flushing and                    fungicides, and herbicides, when
          testing will be restricted on a                     required by law, the manufacturer,
          voluntary basis.                                    or best management practices, shall
                                                              be coordinated with the irrigation
(10) Freeze Protection                                        schedules.
      Water use is limited to situations in               (h) The operation of irrigation systems
      which official weather forecast                         for cleaning and maintenance
      services predict freezing temperatures                  purposes shall be limited to the
      likely to cause permanent damage to                     minimum necessary to maintain
      crops.                                                  efficient operation of the system
(11) Golf Course Irrigation Use                               and shall be limited to a maximum
                                                              of once per week.
      (a) Irrigation of greens and tees shall
          be reduced to the maximum extent           (12) Heating and Cooling Use
          practicable     and    shall    be              (a) The use of water is restricted to that
          accomplished during non-daylight                    necessary to maintain temperatures
          hours.                                              no colder than 68 degrees and no
      (b) Irrigation of fairways, roughs, and                 warmer than 78 degrees.
          non-play areas on the front one                 (b) Discharge of water from heating or
          half of the course(s) shall be                      cooling systems shall be limited to
          restricted to the hours of 12:00                    pervious surfaces.
          midnight to 8:00 a.m. on Monday,
          Wednesday, and Saturday.                   (13) Industrial Process and Perishable Food
                                                          Processing Uses


                                                20
     Voluntary reduction in water used in                 Voluntary reduction in water use is
     industrial processes is encouraged.                  encouraged.
(14) Landscape Irrigation and Recreation             (16) Mining Use
     Area Irrigation Use.                                 (a) Impounded surface water shall be
     (a) Irrigation of new landscape                          used to replace fresh water
         (installed less than 30 days) is                     withdrawals wherever possible.
         restricted to the hours of 12:00                 (b) Spraying for dust control shall be
         a.m. to 8:00 a.m. Monday through                     reduced to the minimum required
         Friday.                                              for health and safety.
     (b) Irrigation of established landscape              (c) Closed pipes shall be utilized for
         at locations with odd numbered                       conveying water where feasible.
         addresses is restricted to the hours
         of 12:00 a.m. to 8:00 a.m. on               (17) Navigation Use
         Monday,        Wednesday,        and             Requests may be made for additional
         Saturday.                                        releases from upstream impoundments.
     (c) Irrigation of established landscape         (18) Nursery       Irrigation   Use     (Non-
         at locations with even numbered                  agricultural)
         addresses or with no address is
         restricted to the hours of 12:00                 (a) Voluntary reduction of water use by
         a.m. to 8:00 a.m. on Tuesday,                        low volume irrigation methods
         Thursday, and Sunday.                                (e.g.,     micro-irrigation)      is
                                                              encouraged.
     (d) Low volume watering of new and
         established landscaping is not                   (b) Overhead irrigation of nursery
         restricted,   but    should be                       plants is restricted to the hours of
         voluntarily reduced.                                 12:00 noon to 1:00 p.m. and from
                                                              7:00 p.m. to 7:00 a.m. seven days a
     (e) Chemigation shall be coordinated                     week.
         with irrigation schedules.
                                                          (c) Chemigation shall be coordinated
     (f) Watering in of chemicals,                            with the irrigation schedules.
         including insecticides, pesticides,
         fertilizers,   fungicides,     and               (d) Watering in of chemicals, including
         herbicides, when required by law,                    insecticides, pesticides, fertilizers,
         the     manufacturer,   or     best                  fungicides, and herbicides, when
         management practices, shall be                       required by law, the manufacturer,
         coordinated with the irrigation                      or best management practices, shall
         schedules.                                           be coordinated with the irrigation
                                                              schedules.
     (g) The operation of irrigation
         systems    for     cleaning    and               (e) The operation of irrigation systems
         maintenance shall be limited to                      for cleaning and maintenance
         the minimum necessary to                             purposes shall be limited to the
         maintain efficient operation of the                  minimum necessary to maintain
         system and shall be limited to a                     efficient operation of the system
         maximum of once per week.                            and shall be limited to a maximum
                                                              of once per week.
(15) Livestock Use and Other Animal Use


                                                21
     (f) The use of flooding for irrigation                  cleaning, and water-cooled air
         purposes shall be limited to 8 days                 conditioning shall be reduced or
         per month.                                          eliminated to the greatest extent
                                                             possible.
(19) Other Outside Uses
                                                         (c) Power companies should encourage
     (a) Washing or cleaning of streets,
                                                             customers to reduce power
         driveways, sidewalks, and other
                                                             consumption, so that they may
         impervious surfaces is prohibited,
                                                             reduce power generation, and in
         except to meet federal, state or
                                                             turn, reduce water consumption.
         local health or safety standards.
                                                         (d) Voluntary reductions in other water
     (b) Non-commercial vehicle and
                                                             uses is encouraged.
         mobile equipment washing is
         allowed on pervious surfaces               (21) Public Supply Use
         only, during landscape irrigation               (a) Initial pressure at the point of use
         hours, by low volume methods                        (meter) will be reduced by 15%
         only.                                               where it is operationally feasible to
     (c) Washing boats that serve as a                       do so. Prior to the reduction of
         primary residence shall be                          pressure, the utility will notify the
         restricted to the hours and days                    appropriate firefighting agencies
         prescribed for existing landscape                   and make arrangements for direct
         irrigation. Boats with an odd slip                  communication when additional
         number shall be permitted to be                     pressure is required.
         washed on Monday, Wednesday                     (b) Utilities   shall   institute,  as
         and Saturday. Boats with an even                    appropriate, conservation measures
         slip number or no slip number                       such as improving and accelerating
         shall be permitted to be washed                     leak detection surveys and repair
         on Tuesday, Thursday and                            programs, and installing and
         Sunday.                                             calibrating meters.
     (d) Rinsing of boats and flushing of                (c) New water line flushing and
         boat engines after use shall be                     disinfection shall be limited to
         limited to ten minutes a day.                       minimum requirements.
     (e) Outside pressure cleaning is               (22) Sanitation and Other Public Supply
         allowed, using low volume                       Uses
         processes only, seven days per
         week.                                           Voluntary reduction in water use by
                                                         15% is encouraged.
(20) Power Production Use
                                                    (23) Soil Flooding Use
     (a) To the greatest extent practicable,
         power production from facilities                (a) Flooding is prohibited for pest
         utilizing the water source                          control and soil preservation.
         experiencing the shortage should                (b) Voluntary reductions in water used
         be minimized while maximizing                       for    sod-flooding    to   permit
         the use of facilities dependent on                  harvesting is encouraged.
         less affected water sources.
                                                    (24) Water Based Recreation Use
     (b) Non-essential uses of water, plant


                                               22
       (a) Filling is permitted for new and                to 10:00 a.m.
           existing facilities, but should be          (c) Traveling volume gun irrigation
           voluntarily reduced.                            will be reduced to the maximum
       (b) Makeup water is permitted for                   extent practicable, and will be
           new and existing facilities, but                restricted to the hours of 5:00 p.m.
           should be voluntarily reduced.                  to 2:00 p.m.
       (c) Draining of facilities into sewers          (d) Irrigation of or preparation for
           or onto impervious surfaces is                  planting new nursery plants is
           prohibited.                                     allowed any time of day for one 30
                                                           day period provided irrigation is
       (d) Voluntary reductions in water
                                                           limited to the amount necessary for
           used for other aspects of Water
                                                           plant establishment.
           based recreation is encouraged.
Specific Authority 373.044, 373.113 FS.                (e) All irrigation systems will be
Laws Implemented 373.175, 373.246 FS.                      operated in a manner that will
History–New
                                                           maximize the amount of water
                                                           placed and held in the root zone of
40A-21.631 PHASE II: SEVERE WATER                          the crop and will minimize the
           SHORTAGE                                        amount of water which is
     A Phase II Water Shortage refers to a                 withdrawn and released or lost to
severe shortage, whereby a reduction in                    the user but is not immediately
overall user demand of up to 30 percent is                 available to other users.
necessary to achieve adequate protection of            (f) Chemigation shall be coordinated
the water resource, and of the public health,              with irrigation schedules.
safety, and welfare. In addition to the
                                                       (g) Watering in of chemicals, including
following restrictions, the Governing Board
                                                           insecticides, pesticides, fertilizers,
in consultation with District staff, shall
                                                           fungicides, and herbicides, when
when       necessary,     implement    other
                                                           required by law, the manufacturer,
restrictions to achieve the required percent
                                                           or best management practices, shall
reduction in overall demand.
                                                           be coordinated with the irrigation
(1)    Aesthetic Use (Fountains, Pond Water                schedules.
       Level Maintenance, etc.)
                                                       (h) The operation of irrigation systems
       (a) Outside use of water for aesthetic              for cleaning and maintenance
           purposes is prohibited.                         purposes shall be limited to the
       (b) Voluntary reduction in the inside               minimum necessary to maintain
           use of water for aesthetic purposes             efficient operation of the system
           is encouraged.                                  and shall be limited to a maximum
                                                           of once per week.
(2)    Agricultural Irrigation Use
                                                       (i) Flood and seepage irrigation
       (a) Low volume irrigation is not                    methods shall not have a tailwater
           restricted.                                     discharge from the property.
       (b) Overhead        irrigation,   except        (j) The voluntary use of other water
           traveling volume gun, will be                   conservation    techniques    is
           restricted to the hours of 2:00 p.m.            encouraged.


                                                  23
(3)   Aquacultural Use                                    District Facility
      Voluntary reduction in water use is                 Voluntary reductions in diversions are
      encouraged.                                         encouraged.
(4)   Aquifer Restoration Use                       (8)   Domestic Use
      The withdrawal of water shall be                    Voluntary reduction of household
      limited to the minimum necessary to                 domestic use to 50 gallons per person
      efficiently operate the recovery                    per day is encouraged.
      system.                                       (9)   Essential use
(5)   Commercial Use                                      (a) The use of water for firefighting
      (a) The use of water at commercial                      and health or medical purposes is
          car washes with odd addresses is                    not restricted.
          restricted to Friday through                    (b) Fire hydrant flushing and testing is
          Wednesday.                                          restricted to that necessary for the
      (b) The use of water at commercial                      protection of human health, safety,
          car washes with even addresses or                   and welfare.
          no address is restricted to                     (c) Sanitary sewer line flushing and
          Thursday through Tuesday.                           testing will be restricted on a
      (c) Other commercial uses of water                      voluntary basis.
          shall be reduced to the greatest          (10) Freeze Protection
          extent practicable by employing
          water conserving measures and                   Water use is limited to situations in
          water conserving devices.                       which official weather forecast services
                                                          predict freezing temperatures likely to
      (d) Off-site discharge shall be                     cause permanent damage to crops.
          reduced or eliminated to the
          extent possible.                          (11) Golf Course Irrigation Use
      (e) Recycled water shall be used to                 (a) Irrigation of greens and tees shall
          replace fresh water wherever                        be reduced to the maximum extent
          feasible.                                           practicable     and    shall    be
                                                              accomplished during non-daylight
      (f) Clean-up requiring water use shall                  hours.
          be reduced to the minimum
          required to protect the efficiency              (b) Irrigation of fairways, roughs, and
          of the operation and prevent                        non-play areas on the front one half
          damage to equipment.                                of the course(s) shall be restricted
                                                              to the hours of 12:00 midnight to
      (g) Reduce or suspend the washing of                    8:00 a.m. on Wednesday, and
          vehicles except for health and                      Saturday.
          safety needs.
                                                          (c) Irrigation of fairways, roughs, and
(6)   Dewatering Use                                          non-play areas on the back one half
      Discharge of fresh water to tide is                     of the course(s) shall be restricted
      prohibited.                                             to the hours of 12:00 midnight to
                                                              8:00 a.m. on Thursday, and Sunday.
(7)   Diversion & Impoundment into Non-



                                               24
     (d) Irrigation of seeded and/or                        the greatest extent possible.
         sprigged areas that have been in               (b) Recycled water shall be used
         place for less than thirty days                    wherever feasible.
         shall be allowed daily for 5
         minutes per irrigation zone from               (c) Voluntary reduction in water used
         11:30 a.m. to 12:00 p.m., 1:30                     in other industrial processes is
         p.m. to 2:00 p.m., and 3:30 p.m.                   encouraged.
         to 4:00 p.m.                               (14) Landscape Irrigation and Recreation
     (e) Reduce or suspend as possible,                  Area Irrigation Use.
         those horticultural practices which            (a) Irrigation of new landscape
         stimulate the need for increased                   (installed less than 30 days) is
         irrigation.                                        restricted to the hours of 12:00 a.m.
     (f) Chemigation shall be coordinated                   to 8:00 a.m. on Monday, Tuesday,
         with the irrigation schedules.                     and Thursday through Friday.
     (g) Watering in of chemicals,                      (b) Irrigation of established landscape
         including insecticides, pesticides,                at locations with odd numbered
         fertilizers,   fungicides,     and                 addresses     is     restricted  to
         herbicides, when required by law,                  Wednesday, and Saturday between
         the     manufacturer,   or     best                the hours of 12:00 a.m. and 8:00
         management practices, shall be                     a.m.
         coordinated with the irrigation                (c) Irrigation of established landscape
         schedules.                                         at locations with even numbered
     (h) The operation of irrigation                        addresses or with no address is
         systems     for    cleaning    and                 restricted to Thursday, and Sunday
         maintenance purposes shall be                      between the hours of 12:00 a.m.
         limited to the minimum necessary                   and 8:00 a.m.
         to maintain efficient operation of             (d) Low volume watering of new and
         the system and is limited to a                     established landscaping is not
         maximum of once per week.                          restricted, but should be voluntarily
(12) Heating and Cooling Use                                reduced.
     (a) The use of water is restricted to              (e) Chemigation shall be coordinated
         that necessary to maintain                         with the irrigation schedules.
         temperatures no colder than 68                 (f) Watering in of chemicals, including
         degrees and no warmer than 78                      insecticides, pesticides, fertilizers,
         degrees.                                           fungicides, and herbicides, when
     (b) Discharge of water from heating                    required by law, the manufacturer,
         or cooling systems shall be                        or best management practices, shall
         limited to pervious surfaces.                      be coordinated with the irrigation
                                                            schedules.
(13) Industrial Process and Perishable Food
     Processing Uses                                    (g) The operation of irrigation systems
                                                            for cleaning and maintenance shall
     (a) Nonessential uses, plant cleaning,                 be limited to the minimum
         and water-cooled air conditioning,                 necessary to maintain efficient
         shall be reduced or eliminated to


                                               25
          operation of the system and shall               (e) The operation of irrigation systems
          be limited to a maximum of once                     for cleaning and maintenance
          per week.                                           purposes shall be limited to the
                                                              minimum necessary to maintain
(15) Livestock Use and Other Animal Use
                                                              efficient operation of the system
     Voluntary reduction in water use is                      and shall be limited to a maximum
     encouraged.                                              of once per week.
(16) Mining Use                                           (f) The use of flooding for irrigation
     (a) Impounded surface water shall be                     purposes shall be limited to 8 days
         used to replace fresh water                          per month.
         withdrawals wherever possible.              (19) Other Outside Uses
     (b) Spraying for dust control shall be               (a) Washing or cleaning of streets,
         kept to the minimum required for                     driveways, sidewalks and other
         health and safety.                                   impervious surfaces is prohibited,
     (c) Closed pipes shall be utilized for                   except to meet federal, state or local
         conveying water where feasible.                      health or safety standards.

(17) Navigation Use                                       (b) Non-commercial     vehicle    and
                                                              mobile equipment washing is
     Requests may be made for additional                      allowed on pervious surfaces only,
     releases from upstream impoundments.                     during landscape irrigation hours,
(18) Nursery      Irrigation   Use    (Non-                   by low volume methods only.
     agricultural)                                        (c) Washing boats that serve as a
     (a) Voluntary reduction of water use                     primary     residence   shall  be
         by low volume irrigation methods                     restricted to the hours and days
         (e.g.,   micro-irrigation)    is                     prescribed for existing landscape
         encouraged.                                          irrigation. Boats with an odd slip
                                                              number shall be permitted to be
     (b) Overhead irrigation of nursery                       washed on Wednesday and
         plants is restricted to the hours of                 Saturday. Boats with an even slip
         12:00 noon to 1:00 p.m. and from                     number or no slip number shall be
         7:00 p.m. to 7:00 a.m. on                            permitted to be washed on
         Monday,        Wednesday,       and                  Thursday and Sunday.
         Saturdays.
                                                          (d) Rinsing of boats and flushing of
     (c) Chemigation shall be coordinated                     boat engines after use shall be
         with the irrigation schedules.                       limited to ten minutes a day.
     (d) Watering in of chemicals,                        (e) Outside pressure cleaning is
         including insecticides, pesticides,                  allowed   using   low   volume
         fertilizers,   fungicides,     and                   processes only, seven days per
         herbicides, when required by law,                    week.
         the     manufacturer,   or     best
         management practices, shall be              (20) Power Production Use
         coordinated with the irrigation                  (a) To the greatest extent practicable,
         schedules.                                           power production from facilities
                                                              utilizing  the    water     source


                                                26
         experiencing the shortage should                           control and soil preservation.
         be minimized while maximizing                       (b) Voluntary reductions in water used
         the use of facilities dependent on                      for    sod-flooding    to   permit
         less affected water sources.                            harvesting is encouraged.
     (b) Non-essential uses of water, plant           (24) Water Based Recreation Use
         cleaning, and water-cooled air
         conditioning shall be reduced or                    (a) Filling    of              new   facilities is
         eliminated to the greatest extent                       permitted.
         possible.                                           (b) Filling of existing facilities is
     (c) Power      companies      should                        prohibited.
         encourage customers to reduce                       (c) Makeup water for new and existing
         power consumption, so that they                         facilities is permitted, but should be
         may reduce power generation, and                        voluntarily reduced.
         in    turn,    reduce      water
         consumption.                                        (d) Draining of facilities into sewers or
                                                                 onto impervious surfaces is
     (d) Voluntary reductions in other                           prohibited.
         water uses is encouraged.
                                                             (e) Voluntary reductions in water used
(21) Public Supply Use                                           for other aspects of water based
     (a) Initial pressure at the point of use                    recreation is encouraged.
         (meter) will be reduced by 15%               Specific Authority 373.044, 373.113 FS.
                                                      Laws Implemented 373.175, 373.246 FS.
         where it is operationally feasible           History–New
         to do so. Prior to the reduction of
         pressure, the utility will notify the
         appropriate fire fighting agencies           40A-21.641 PHASE III: EXTREME WATER
         and make arrangements for direct                        SHORTAGE
         communication when additional                     A Phase III Water Shortage refers to an
         pressure is required.                        extreme shortage, whereby a reduction in
     (b) Utilities shall institute, as                overall user demand of up to 45 percent is
         appropriate,           conservation          necessary to achieve adequate protection of
         measures such as improving and               the water resource, and of the public health,
         accelerating     leak      detection         safety, and welfare. In addition to the
         surveys and repair programs, and             following restrictions, the Governing Board in
         installing and calibrating meters.           consultation with District staff, shall when
                                                      necessary, implement other restrictions to
     (c) New water line flushing and                  achieve the required percent reduction in
         disinfection shall be limited to             overall demand.
         minimum requirements.
                                                      (1)    Aesthetic Use (i.e., Fountains, Pond
(22) Sanitation and Other Public Supply                      Water Level Maintenance.)
     Uses
                                                             (a) Outside use of water for aesthetic
     Voluntary reduction in water use by                         purposes is prohibited.
     15% is encouraged.
                                                             (b) Inside use of water for aesthetic
(23) Soil Flooding Use                                           purposes is prohibited.
     (a) Flooding is prohibited for pest


                                                 27
(2)   Agricultural Irrigation Use                               maintenance purposes shall be
                                                                limited to the minimum necessary
      (a) Low volume irrigation is not
                                                                to maintain efficient operation of
          restricted.
                                                                the system and shall be limited to a
      (b) Overhead        irrigation,   except                  maximum of once per week.
          traveling volume gun, will be
                                                            (i) Flood and seepage irrigation
          restricted to the hours of 7:00 p.m.
                                                                methods shall not have a tailwater
          to 9:00 a.m. However, overhead
                                                                discharge from the property.
          irrigation of containerized nursery
          stock for heat/moisture stress                    (j) Voluntary use of other water
          reduction is allowed between the                      conservation  techniques  is
          hours of 12:00 noon and 1:00 p.m.                     encouraged.
      (c) Traveling volume gun irrigation             (3)   Aquacultural Use
          will be reduced to the maximum                    Voluntary reduction in water use is
          extent practicable, and will be                   encouraged.
          restricted to the hours of 5:00 p.m.
          to 11:00 a.m.                               (4)   Aquifer Restoration Use
      (d) Irrigation of, or preparation for,                The withdrawal of water shall be limited
          planting new nursery plants is                    to the minimum necessary to efficiently
          allowed any time of day for one                   operate the recovery system.
          30 day period provided irrigation           (5)   Commercial Use
          is limited to the amount necessary
          for plant establishment.                          (a) Water use at commercial car
                                                                washes with odd numbered
      (e) All irrigation systems will be                        addresses is restricted to Monday,
          operated in a manner that will                        Wednesday, Friday, Saturday, and
          maximize the amount of water                          Sunday.
          placed and held in the root zone of
          the crop and will minimize the                    (b) Water use at commercial car
          amount of water which is                              washes with even numbered
          withdrawn and released or lost to                     addresses and locations with no
          the user but is not immediately                       address is restricted to Monday,
          available to other users.                             Tuesday, Thursday, Saturday, and
                                                                Sunday.
      (f) Chemigation shall be coordinated
          with irrigation schedules.                        (c) Other commercial processes are
                                                                encouraged to make a 15%
      (g) Watering in of chemicals,                             voluntary reduction based on 3
          including insecticides, pesticides,                   months normal operation prior to
          fertilizers,   fungicides,     and                    the initial declaration of water
          herbicides, when required by law,                     shortage.
          the     manufacturer,   or     best
          management practices, shall be                    (d) Off-site discharge shall be reduced
          coordinated with the irrigation                       or eliminated to the extent possible.
          schedules.                                        (e) Recycled water shall be used to
      (h) The operation of irrigation                           replace fresh water wherever
          systems for   cleaning and                            feasible.


                                                 28
      (f) Clean-up requiring water use shall             reduced to the maximum extent
          be reduced to the minimum                      practical and accomplished during
          required to protect the efficiency             non-daylight hours.
          of the operation and prevent               (b) Irrigation of tees on the front one
          damage to equipment.                           half of the course(s) shall be
      (g) Reduce or suspend the washing of               accomplished during non-daylight
          vehicles except for health and                 hours on Monday, Wednesday, and
          safety needs.                                  Saturday.
(6)   Dewatering Use                                 (c) Irrigation of tees on the back one
                                                         half of the course(s) shall be
      (a) Discharge of fresh water to tide is
                                                         accomplished during non-daylight
          prohibited.
                                                         hours on Tuesday, Thursday, and
      (b) Discharge of fresh water offsite is            Sunday.
          prohibited.
                                                     (d) Irrigation of fairways, roughs, and
(7)   Diversion & Impoundment into Non-                  non-play areas on the front one half
      District Facility                                  of the course(s) shall be
      Voluntary reductions in diversions are             accomplished between the hours of
      encouraged.                                        12:00 midnight to 8:00 a.m. on
                                                         Saturday.
(8)   Domestic Use
                                                     (e) Irrigation of fairways, roughs, and
      Voluntary reduction of household                   non-play areas on the back one half
      domestic use to 40 gallons per person              of the course(s) shall be
      per day is encouraged.                             accomplished between the hours of
(9)   Essential use                                      12:00 midnight to 8:00 a.m. on
                                                         Sundays.
      (a) The use of water for firefighting
          and health or medical purposes is          (f) Reduce or suspend as possible,
          not restricted.                                those horticultural practices which
                                                         stimulate the need for increased
      (b) Fire hydrant flushing and testing              irrigation.
          is restricted to that necessary for
          the protection of human health,            (g) Chemigation shall be coordinated
          safety, and welfare.                           with the irrigation schedules.
      (c) Sanitary sewer line flushing and           (h) Watering in of chemicals, including
          testing will be restricted on a                insecticides, pesticides, fertilizers,
          voluntary basis.                               fungicides, and herbicides, when
                                                         required by law, the manufacturer,
(10) Freeze Protection                                   or best management practices, shall
      Water use is limited to situations in              be coordinated with the irrigation
      which official weather forecast                    schedules.
      services predict freezing temperatures         (i) The operation of irrigation systems
      likely to cause permanent damage to                for cleaning and maintenance
      crops.                                             purposes shall be limited to the
(11) Golf Course Irrigation Use                          minimum necessary to maintain
                                                         efficient operation of the system
      (a) Irrigation of greens shall be


                                                29
         and shall be limited to            a                   Sunday.
         maximum of once per week.                         (d) Low volume watering of new and
(12) Heating and Cooling Use                                   established landscaping is not
                                                               restricted, but should be voluntarily
     (a) Water use shall be restricted to
                                                               reduced.
         that necessary to maintain
         temperatures no colder than 78                    (e) Chemigation shall be coordinated
         degrees and no warmer than 68                         with the irrigation schedules.
         degrees.                                          (f) Watering in of chemicals, including
     (b) Discharge of water from heating                       insecticides, pesticides, fertilizers,
         or cooling systems shall be                           fungicides, and herbicides, when
         limited to pervious surfaces.                         required by law, the manufacturer,
                                                               or best management practices, shall
(13) Industrial Process and Perishable Food
                                                               be coordinated with the irrigation
     Processing Uses
                                                               schedules.
     (a) Voluntary 15% reduction in water
                                                           (g) The operation of irrigation systems
         used in Industrial processes, based
                                                               for cleaning and maintenance shall
         on three months of normal
                                                               be limited to the minimum
         operation    prior     to     initial
                                                               necessary to maintain efficient
         declaration of the water shortage,
                                                               operation of the system and shall be
         is encouraged.
                                                               limited to a maximum of once per
     (b) Recycled water shall be used                          week.
         wherever feasible.
                                                      (15) Livestock and Other Animal Use
     (c) Nonessential uses, plant cleaning,
                                                           Voluntary reduction in water use is
         and water-cooled air conditioning,
                                                           encouraged.
         shall be reduced or eliminated to
         the greatest extent possible.                (16) Mining Use
(14) Landscape Irrigation and Recreation                   (a) Impounded surface water shall be
     Area Irrigation Use.                                      used to replace fresh water
                                                               withdrawals wherever possible.
     (a) Irrigation of new landscape
         (installed less than 30 days) is                  (b) Spraying for dust control shall be
         restricted to the hours of 12:00                      kept to the minimum required for
         a.m. to 8:00 a.m. on Monday,                          health and safety.
         Wednesday, and Friday.                            (c) Closed pipes shall be utilized for
     (b) Irrigation of established landscape                   conveying water where feasible.
         at locations with odd numbered               (17) Navigation Use
         addresses shall occur between the
         hours of 12:00 a.m. and 8:00 a.m.                 Requests may be made for additional
         on Saturday.                                      releases from upstream impoundments.
     (c) Irrigation of established landscape          (18) Nursery       Irrigation   Use     (Non-
         at locations with even number                     agricultural)
         addresses or no address shall be                  (a) Voluntary reduction of water use by
         accomplished between the hours                        low volume irrigation methods
         of 12:00 a.m. and 8:00 a.m. on


                                                 30
         (e.g.,   micro-irrigation)        is                 prescribed for existing landscape
         encouraged.                                          irrigation. Boats with an odd slip
                                                              number shall be permitted to be
     (b) Overhead irrigation of nursery
                                                              washed on Saturday. Boats with an
         plants is restricted to the hours of
                                                              even slip number or no slip number
         12:00 noon to 1:00 p.m. and from
                                                              shall be permitted to be washed on
         12:00 a.m. to 7:00 a.m. on
                                                              Sunday.
         Monday,        Wednesday,       and
         Saturdays.                                       (d) Rinsing of boats and flushing of
                                                              boat engines after use shall be
     (c) Chemigation shall be coordinated
                                                              limited to ten minutes a day.
         with the irrigation schedules.
                                                          (e) Outside pressure cleaning is
     (d) Watering in of chemicals,
                                                              allowed   using  low   volume
         including insecticides, pesticides,
                                                              processes only, Monday through
         fertilizers,   fungicides,     and
                                                              Friday.
         herbicides, when required by law,
         the     manufacturer,   or     best         (20) Power Production Use
         management practices, shall be                   (a) To the greatest extent practicable,
         coordinated with the irrigation                      power production from facilities
         schedules.                                           utilizing    the    water    source
     (e) The operation of irrigation                          experiencing the shortage should be
         systems     for    cleaning    and                   minimized while maximizing the
         maintenance purposes shall be                        use of facilities dependent on less
         limited to the minimum necessary                     affected water sources.
         to maintain efficient operation of               (b) Non-essential uses of water, plant
         the system and shall be limited to                   cleaning, and water-cooled air
         a maximum of once per week.                          conditioning shall be reduced or
     (g) The use of flooding for irrigation                   eliminated to the greatest extent
         purposes shall be limited to 4 days                  possible.
         per month.                                       (c) Power companies should encourage
(19) Other Outside Uses                                       customers to reduce power
                                                              consumption, so that they may
     (a) Washing or cleaning of streets,
                                                              reduce power generation, and in
         driveways, sidewalks or other
                                                              turn, reduce water consumption.
         impervious surfaces is prohibited,
         except to meet federal, state, or                (d) Voluntary reductions in other water
         local health or safety standards.                    uses is encouraged.
     (b) Non-commercial vehicle and                  (21) Public Supply Use
         mobile equipment washing is                      (a) Initial pressure at the point of use
         allowed on pervious surfaces                         (meter) will be reduced by 15%
         only, during landscape irrigation                    where it is operationally feasible to
         hours, by low volume methods                         do so. Prior to the reduction of
         only.                                                pressure, the utility will notify the
     (c) Washing boats that serve as a                        appropriate firefighting agencies
         primary residence shall be                           and make arrangements for direct
         restricted to the hours and days                     communication when additional


                                                31
              pressure is required.                              overall user demand of up to 60 percent is
                                                                 necessary to achieve adequate protection of
       (b) Utilities shall institute, as
                                                                 the water resource, and of the public health,
           appropriate,           conservation
                                                                 safety, and welfare. In addition to the
           measures such as improving and
                                                                 following restrictions, the Governing Board in
           accelerating     leak      detection
                                                                 consultation with District staff, shall when
           surveys and repair programs, and
                                                                 necessary, implement other restrictions to
           installing and calibrating meters.
                                                                 achieve the required percent reduction in
       (c) New water line flushing and                           overall demand.
           disinfection shall be limited to
                                                                 (1)   Aesthetic Use (Fountains, Pond Water
           minimum requirements.
                                                                       Level Maintenance, etc.)
(22) Sanitation and Other Public Supply
                                                                       (a) Outside use of water for aesthetic
     Uses
                                                                           purposes is prohibited.
       Voluntary reduction in water use by
                                                                       (b) Inside use of water for aesthetic
       30% is encouraged.
                                                                           purposes is prohibited.
(23) Soil Flooding Use
                                                                 (2)   Agricultural Irrigation Use
       (a) Sod-flooding for pest control and
                                                                       (a) Low volume irrigation is not
           soil preservation is prohibited.
                                                                           restricted.
       (b) Sod-flooding to permit harvesting
                                                                       (b) Overhead irrigation, excluding
           is prohibited.
                                                                           traveling volume gun, will be
(24) Water Based Recreation Use                                            restricted to the hours of 7:00 p.m.
       (a) Filling of              new    facilities   is                  to 9:00 a.m. However, overhead
           permitted.                                                      irrigation of containerized nursery
                                                                           stock for heat/moisture stress
       (b) Filling of existing facilities is                               reduction is allowed between the
           prohibited.                                                     hours of 12:00 noon and 1:00 p.m.
       (c) Makeup water for new and                                    (c) Traveling volume gun irrigation
           existing facilities is permitted, but                           will be reduced to the maximum
           should be voluntarily reduced.                                  extent practicable, and will be
       (d) Draining of facilities into sewers                              restricted to the hours of 5:00 p.m.
           or onto impervious surfaces is                                  to 11:00 a.m.
           prohibited.                                                 (d) Irrigation of or preparation for
       (e) Voluntary reductions in water                                   planting new nursery plants is
           used for other aspects of water                                 allowed any time of day for one 30
           based recreation is encouraged.                                 day period provided irrigation is
Specific Authority 373.044, 373.113 FS.
                                                                           limited to the amount necessary for
Laws Implemented 373.175, 373.246 FS.                                      plant establishment.
History–New
                                                                       (e) All irrigation systems will be
                                                                           operated in a manner that will
40A-21.651 PHASE IV: CRITICAL WATER                                        maximize the amount of water
           SHORTAGE                                                        placed and held in the root zone of
     A Phase IV Water Shortage refers to a                                 the crop and will minimize the
critical shortage, whereby a reduction in                                  amount of water which is


                                                            32
          withdrawn and released or lost to                    washes with even numbered
          the user but is not immediately                      addresses and locations with no
          available to other users.                            address is restricted to Monday,
                                                               Tuesday, Thursday, Saturday, and
      (f) Chemigation shall be coordinated
                                                               Sunday.
          with the irrigation schedules.
                                                           (c) Other commercial processes are
      (g) Watering in of chemicals,
                                                               encouraged to make a 15%
          including insecticides, pesticides,
                                                               voluntary reduction based on 3
          fertilizers,   fungicides,     and
                                                               months normal operation prior to
          herbicides, when required by law,
                                                               the initial declaration of water
          the     manufacturer,   or     best
                                                               shortage.
          management practices, shall be
          coordinated with the irrigation                  (d) Off-site discharge shall be reduced
          schedules.                                           or eliminated to the extent possible.
      (h) The operation of irrigation                      (e) Recycled water shall be used to
          systems     for    cleaning    and                   replace fresh water wherever
          maintenance purposes shall be                        feasible.
          limited to the minimum necessary                 (f) Clean-up requiring water use shall
          to maintain efficient operation of                   be reduced to the minimum
          the system and shall be limited to                   required to protect the efficiency of
          a maximum of once per week.                          the operation and prevent damage
      (i) Flood and seepage irrigation                         to equipment.
          methods shall not have a tailwater               (g) Reduce or suspend the washing of
          discharge from the property.                         vehicles except for health and
      (j) The voluntary use of other water                     safety needs.
          conservation    techniques    is           (6)   Dewatering Use
          encouraged.
                                                           (a) Discharge of fresh water to tide is
(3)   Aquacultural Use                                         prohibited.
      Voluntary reduction in water use is                  (b) Discharge of fresh water offsite is
      encouraged.                                              prohibited.
(4)   Aquifer Restoration Use                        (7)   Diversion & Impoundment into Non-
      The withdrawal of water shall be                     District Facility
      limited to the minimum necessary to                  Voluntary reductions in diversions are
      efficiently operate the recovery                     encouraged.
      system.
                                                     (8)   Domestic Uses
(5)   Commercial Use
                                                           Voluntary reduction of household
      (a) Water use at commercial car                      domestic use to 30 gallons per person
          washes with odd numbered                         per day is encouraged.
          addresses is restricted to Monday,
          Wednesday, Friday, Saturday, and           (9)   Essential use
          Sunday.                                          (a) The use of water for firefighting
      (b) Water use at commercial car                          and health or medical purposes is



                                                33
         not restricted.                                      irrigation.
     (b) Fire hydrant flushing and testing                (g) Chemigation shall be coordinated
         is restricted to that necessary for                  with the irrigation schedules.
         the protection of human health,                  (h) Watering in of chemicals, including
         safety, and welfare.                                 insecticides, pesticides, fertilizers,
     (c) Sanitary sewer line flushing and                     fungicides, and herbicides, when
         testing is restricted to that                        required by law, the manufacturer,
         necessary for the protection of                      or best management practices, shall
         human health, safety, and welfare.                   be coordinated with the irrigation
                                                              schedules.
(10) Freeze Protection
                                                          (i) The operation of irrigation systems
     Water use is limited to situations in
                                                              for cleaning and maintenance
     which official weather forecast
                                                              purposes shall be limited to the
     services predict freezing temperatures
                                                              minimum necessary to maintain
     likely to cause permanent damage to
                                                              efficient operation of the system
     crops.
                                                              and shall be limited to a maximum
(11) Golf Course Irrigation Use                               of once per week.
     (a) Irrigation of greens shall be               (12) Heating and Cooling Use
         reduced to the maximum extent
                                                          (a) The use of water is restricted to that
         practicable   and    shall    be
                                                              necessary to maintain temperatures
         accomplished during non-daylight
                                                              no colder than 68 degrees and no
         hours.
                                                              warmer than 78 degrees.
     (b) Irrigation of tees on the front one
                                                          (b) No immediate discharge of water to
         half of the course(s) shall be
                                                              tide-water is permitted.
         restricted to non-daylight hours on
         Saturday.                                        (c) Any water not directly returned to
                                                              the source from which it was
     (c) Irrigation of tees on the back one
                                                              withdrawn shall be reused, if
         half of the course shall be
                                                              possible.
         restricted to non-daylight hours on
         Sunday.                                          (d) Discharge of water from heating or
                                                              cooling systems shall be limited to
     (d) Irrigation of fairways, roughs, and
                                                              pervious surfaces.
         non-play areas on the front one
         half of the course(s) shall be              (13) Industrial Process and Perishable Food
         restricted to the hours of 4:00 a.m.             Processing Uses
         to 7:00 a.m. on Saturday.                        (a) Voluntary 15% reduction in water
     (e) Irrigation of fairways, roughs, and                  used in Industrial processes, based
         non-play areas on the back one                       on three months of normal
         half of the course(s) shall be                       operation prior to initial declaration
         restricted to hours of 4:00 a.m. to                  of the water shortage, is
         7:00 a.m. on Sunday.                                 encouraged.
     (f) Reduce or suspend as possible,                   (b) Recycled water shall be used
         those horticultural practices which                  wherever feasible.
         stimulate the need for increased


                                                34
    (c) Nonessential uses, plant cleaning,          (15) Livestock and Other Animal Use
        and water-cooled air conditioning,               Voluntary reduction in water use is
        shall be reduced or eliminated to                encouraged.
        the greatest extent possible.
                                                    (16) Mining Use
(14) Landscape Irrigation and Recreation
     Area Irrigation Use.                                (a) Impounded surface water shall be
                                                             used to replace fresh water
    (a) Irrigation of new landscape                          withdrawals wherever possible.
        (installed less than 30 days) is
        restricted to the hours of 4:00 a.m.             (b) Spraying for dust control shall be
        to 7:00 a.m. on Saturday.                            kept to the minimum required for
                                                             health and safety.
    (b) Irrigation of existing landscape at
        a location with an odd numbered                  (c) Closed pipes shall be utilized for
        address shall occur between the                      conveying water where feasible.
        hours of 6:00 a.m. and 7:00 a.m.            (17) Navigation Use
        on Saturday.
                                                         Requests may be made for additional
    (c) Irrigation of existing landscape at              releases from upstream impoundments.
        a location with an even numbered
        address or no address shall occur           (18) Nursery       Irrigation   Use     (Non-
        between the hours of 6:00 a.m.                   agricultural)
        and 7:00 a.m. on Sunday.                         (a) Voluntary reduction of water use by
    (d) Low volume watering of existing                      low volume irrigation methods
        landscaping is restricted to                         (e.g.,     micro-irrigation)      is
        Monday, Wednesday, and Friday                        encouraged.
        during non-daylight hours, but                   (b) Overhead irrigation of nursery
        should be voluntarily reduced                        plants is restricted to the hours of
        further.                                             12:00 noon to 1:00 p.m. and from
    (e) Chemigation shall be coordinated                     2:00 a.m. to 7:00 a.m. on Monday,
        with the irrigation schedules.                       Wednesday, and Saturdays.
    (f) Watering in of chemicals,                        (c) Chemigation shall be coordinated
        including insecticides, pesticides,                  with the irrigation schedules.
        fertilizers,   fungicides,     and               (d) Watering in of chemicals, including
        herbicides, when required by law,                    insecticides, pesticides, fertilizers,
        the     manufacturer,   or     best                  fungicides, and herbicides, when
        management practices, shall be                       required by law, the manufacturer,
        coordinated with the irrigation                      or best management practices, shall
        schedules.                                           be coordinated with the irrigation
    (g) The operation of irrigation                          schedules.
        systems    for     cleaning    and               (e) The operation of irrigation systems
        maintenance shall be limited to                      for cleaning and maintenance shall
        the minimum necessary to                             be limited to the minimum
        maintain efficient operation of the                  necessary to maintain efficient
        system and shall be limited to a                     operation of the system and shall be
        maximum of once per week.                            limited to a maximum of once per


                                               35
         week.                                               cleaning, and water-cooled air
                                                             conditioning shall be reduced or
     (f) The use of flooding for irrigation
                                                             eliminated to the greatest extent
         purposes shall be limited to 2 days
                                                             possible.
         per month.
                                                         (c) Power companies should encourage
(19) Other Outside Uses
                                                             customers to reduce power
     (a) Washing or cleaning of streets,                     consumption, so that they may
         driveways, sidewalks or other                       reduce power generation, and in
         impervious surfaces is prohibited                   turn, reduce water consumption.
         except to meet federal, state, or
                                                         (d) Voluntary reductions in other water
         local health or safety standards.
                                                             uses is encouraged.
     (b) Non-commercial vehicle and
                                                    (21) Public Supply Use
         mobile equipment washing is
         allowed on pervious surfaces                    (a) Initial pressure at the point of use
         only, during landscape irrigation                   (meter) will be reduced by 15%
         hours, by low volume methods                        where it is operationally feasible to
         only.                                               do so. Prior to the reduction of
                                                             pressure, the utility will notify the
     (c) Washing boats that serve as a
                                                             appropriate firefighting agencies
         primary residence shall be
                                                             and make arrangements for direct
         restricted to the hours and days
                                                             communication when additional
         prescribed for existing landscape
                                                             pressure is required.
         irrigation. Boats with an odd slip
         number shall be permitted to be                 (b) Utilities   shall   institute,  as
         washed on Saturday. Boats with                      appropriate, conservation measures
         an even slip number or no slip                      such as improving and accelerating
         number shall be permitted to be                     leak detection surveys and repair
         washed on Sunday.                                   programs, and installing and
                                                             calibrating meters.
     (d) Rinsing of boats and flushing of
         boat engines after use shall be                 (c) New water line flushing and
         limited to ten minutes a day.                       disinfection shall be limited to
                                                             minimum requirements.
     (e) Outside pressure cleaning is
         allowed using low volume                   (22) Sanitation and Other Public Supply
         processes only on Monday and                    Uses
         Wednesday.                                      Voluntary reduction in water use by
(20) Power Production Use                                30% is encouraged.
     (a) To the greatest extent practicable,        (23) Soil Flooding Use
         power production from facilities                (a) Sod-flooding for pest control and
         utilizing the water source                          soil preservation is prohibited.
         experiencing the shortage should
         be minimized while maximizing                   (b) Sod-flooding to permit harvesting
         the use of facilities dependent on                  is prohibited.
         less affected water sources.               (24) Water Based Recreation Use
     (b) Non-essential uses of water, plant              (a) Filling of new and existing facilities


                                               36
              is prohibited.
       (b) Makeup water for new and
           existing facilities is prohibited.
       (c) Draining of facilities into sewers
           or onto impervious surfaces is
           prohibited.
       (d) Voluntary reductions in water
           used for other aspects of water
           based recreation is encouraged.
Specific Authority 373.044, 373.113 FS.
Laws Implemented 373.175, 373.246 FS.
History–New




                                                37
              District Headquarters
(10 miles west of Tallahassee on U.S. Highway 90)
           81 Water Management Drive
             Havana, FL 32333-9700
                  (850) 539-5999



             Marianna Field Office
               4765 Pelt Street
             Marianna, FL 32446
               (850) 482-9522



             Pensacola Field Office
           2261 West Nine Mile Road
           Pensacola, FL 32534-9416
                (850) 484-5125




             Visit Us on the Web at:
            www.state.fl.us/nwfwmd