Florida Administrative Code
40 - WATER MANAGEMENT DISTRICTS
40D - Southwest Florida Water Management District
Chapter 40D-21 - WATER SHORTAGE PLAN
Section 40D-21.275 - Implementing a Water Shortage Declaration

Universal Citation: FL Admin Code R 40D-21.275

Current through Reg. 50, No. 187; September 24, 2024

(1) Affected water users and Permittees shall be afforded the opportunity to comment to the Board concerning a proposed Water Shortage declaration, including proposed water use restrictions and other required actions, at a scheduled public hearing.

(a) At least one public hearing will be scheduled to afford the public the opportunity to comment.

(b) The public shall be allowed a reasonable opportunity to participate during the public hearing in order to present non-repetitive testimony about current conditions and impacts of a proposed Water Shortage declaration. Such participation shall be subject to the control of the Governing Board and may be limited as necessary to facilitate reasonable progress of the hearing.

(2) When a Water Shortage is initially declared, the District will issue a news release and publish an adverstisement within newspapers of general circulation in the affected area. The news release and newspaper ad shall serve as notice to all users and local government officials in the affected area as to the declaration of Water Shortage, including identification of the phase and a summary of water use restrictions and other required actions. The District will issue a news release for any subsequent extension or other modification of that declaration.

(3) The District shall send a Notice of Water Shortage by regular mail to each Permittee whose permit will be affected or whose permitted water use will otherwise be restricted by the Water Shortage declaration.

(4) An order declaring a Water Shortage or modifying an existing declaration shall become effective on the day after the newspaper ad required in subsection (2) above is published or any subsequent effective date stated in the order. An order declaring a Water Shortage or modifying an existing declaration shall remain in effect for the period of time established in the order; or, if no period of time is established, until the order is modified or rescinded by the Board.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS.

New 11-19-84, Amended 4-9-06, 7-5-12, 10-30-12.

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