Florida Regulations 40B-21.001: Purpose and Policy
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(1) Chapter 373, Florida Statutes (F.S.), provides for the conservation, protection, management, and control of the waters of the state by the water management districts. Florida Statutes § 373.246, specifies that each water management district shall formulate a plan for implementation during periods of water shortage.
(2) The procedures in this plan comprise the Suwannee River Water Management District’s (District) water shortage plan required under Florida Statutes § 373.246(1) 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 users.
(3) This chapter and any implementation of it during a water shortage or water shortage emergency, shall not divest the Governing Board and Executive Director of the authority to declare a water shortage or water shortage emergency pursuant to Florida Statutes § 373.175
(4) These procedures apply to all water users, including those exempted from Fl. Admin. Code Chapter 40B-2, permitting requirements.
(5) It is the policy of the Governing Board that:
(a) Water users and the general public will be supplied frequent and accurate information regarding the status of water resources, methods of water conservation, and means for efficient water use.
(b) This plan will only be implemented in times of water shortage as determined by comparing current hydrologic monitoring data, historical trends, and anticipated demand by users.
(c) Artificial water shortages will not be created by the over-allocation of available supplies in the administration and implementation of Fl. Admin. Code Chapter 40B-2, Permitting of Water Use.
(d) The specific means and methods for water use reduction that are found in Part V of this chapter will recognize the relative efficiency of similarly classified users.
(e) The specific means and methods for water use reduction that are found in Part V of this chapter will represent a guideline for specific restrictions to be imposed on users who transfer water across basin boundaries-interbasin transfers.
(f) During times of declared water shortage, the cooperation of local government officials, local law enforcement officials, and the public will be actively encouraged.
(g) The District will seek the cooperation and assistance of state, county, and municipal governmental officials, law enforcement officials, and police officers in the enforcement of the water shortage plan or any water shortage order issued pursuant thereto.
(h) Use of reclaimed water (wastewater or stormwater) will not be restricted in this chapter in order to promote the use of reclaimed water as an alternative source. The District shall evaluate this policy no later than five years following the effective date of this chapter and make appropriate modifications as necessary.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246, 373.603 FS. History-New 7-30-06.
Terms Used In Florida Regulations 40B-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
(3) This chapter and any implementation of it during a water shortage or water shortage emergency, shall not divest the Governing Board and Executive Director of the authority to declare a water shortage or water shortage emergency pursuant to Florida Statutes § 373.175
(4) These procedures apply to all water users, including those exempted from Fl. Admin. Code Chapter 40B-2, permitting requirements.
(5) It is the policy of the Governing Board that:
(a) Water users and the general public will be supplied frequent and accurate information regarding the status of water resources, methods of water conservation, and means for efficient water use.
(b) This plan will only be implemented in times of water shortage as determined by comparing current hydrologic monitoring data, historical trends, and anticipated demand by users.
(c) Artificial water shortages will not be created by the over-allocation of available supplies in the administration and implementation of Fl. Admin. Code Chapter 40B-2, Permitting of Water Use.
(d) The specific means and methods for water use reduction that are found in Part V of this chapter will recognize the relative efficiency of similarly classified users.
(e) The specific means and methods for water use reduction that are found in Part V of this chapter will represent a guideline for specific restrictions to be imposed on users who transfer water across basin boundaries-interbasin transfers.
(f) During times of declared water shortage, the cooperation of local government officials, local law enforcement officials, and the public will be actively encouraged.
(g) The District will seek the cooperation and assistance of state, county, and municipal governmental officials, law enforcement officials, and police officers in the enforcement of the water shortage plan or any water shortage order issued pursuant thereto.
(h) Use of reclaimed water (wastewater or stormwater) will not be restricted in this chapter in order to promote the use of reclaimed water as an alternative source. The District shall evaluate this policy no later than five years following the effective date of this chapter and make appropriate modifications as necessary.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246, 373.603 FS. History-New 7-30-06.