(1) The provisions of this chapter comprise the Southwest Florida Water Management District’s (District) Water Shortage Plan required under Florida Statutes § 373.246(1), and include restrictions pursuant to Florida Statutes § 373.175 The purposes of the plan are to protect waters of the District from serious harm; to establish procedures and responses that prevent undue hardship and ensure equitable distribution of available water resources during times of shortage and, to provide advance knowledge of the means by which water apportionments and reductions will be made during times of shortage as a means of promoting greater security for Water Use Permittees.

Terms Used In Florida Regulations 40D-21.011

  • 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 provisions apply to all water users, including those not subject to permitting pursuant to Fl. Admin. Code Chapter 40D-2
    (3) This chapter is designed to be an integral part of the District’s continuing effort to promote conservation of the waters of the District.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History-New 11-19-84, Amended 4-9-06.

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