(1) The procedures herein comprise the District’s Water Shortage Plan mandated by Chapter 373.246(1), F.S. The purposes of the plan are to protect the water resources of the District from serious harm; to assure equitable distribution of available water resources among all water users during times of shortage, consistent with the goals of minimizing adverse economic, social and health-related impacts; to provide advance knowledge of the means by which water apportionments and reductions will be made during times of shortage; and to promote greater security for water use permittees.

Terms Used In Florida Regulations 40A-21.001

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
    (2) These procedures apply to all water users in the District, including those exempt from permitting pursuant to Fl. Admin. Code Chapter 40A-2 However, this plan is not intended to apply to users whose source of water is limited solely to treated effluent or seawater. Thus, for each source, method of extraction or diversion and type of use, it is the policy of the District to restrict water users uniformly, regardless of whether the user utilizes water from a public or private utility system, a private well for domestic or individual home use, or any other type of water supply facility.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History-New 3-29-92.

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