April 30, 1975
MEMORANDUM IF !'.
TO: DERRILL S. McATEER, CHAIRMAN, BOARD OF GOVERNORS MAY 2" 1975
FROM: JAY T. AHERN, STAFF ATTORNEYq C lV l 1
RE: Steps to Follow in Declaring Water Use Caution,
Water Shortage or Emergency
Steps for Declaring a Water Use Caution Area
1. Governing Board finds the aggregate use of water in an area has reached
a point that requires coordination and regulation, or
2. The aggregate use of water has exceeded or threatens to exceed or
impairs the renewal or replenishment of such waters.
3. *Direct investigations and reports thereon to show whether timely action
by any agency or person may preclude the need for regulation and the
area to be covered by the declaration.
4. Upon the Governing Board's review of the report and finding a Water
Use Caution Area should be declared, the Board declares it and delineates
the boundary of the hydrologic area. The Board also may issue orders
and regulations consistent with the degree of control needed. These
orders or regulations could include requiring users of 100 million gallons
per year to submit reports on 30 day intervals advising of quantities used,
sources of water, nature of water use and disposal of used waters. Also,
District provides for timing of withdrawals, protection against salt-water
encroachment or unreasonable adverse effects on other water users, require
wells be spaced or construction controls or pumping levels be established
or maximum withdrawals be set up and require groundwater users pay for
the costs to construct diversionary facilities.
5. Direct hearings in the future to adopt other orders and regulations con-
sistent with Chapter 373, Floria Statutes.
Steps for Declaring of Water Shortage
1. Publish Notice of Public Hearing.
2. Governing Board declares a water shortage exist when insufficient water
exists or conditions are such to require temporary reduction in total
use within the area to protect water resources from serious harm.
3. Cause Notice of the Water Shortage to be published in a newspaper of
general circulation in the area each day for the first week of the
shortage and once a week thereafter until the shortage declaration is
April 30, 1975
4. Notify permit users by regular mail of any changes or suspension in the
terms of the permit or any other restrictions on their use of water dur-
ing the shortage.
Steps for Declaring an Emergency Condition Due To Water Shortage
1. The Executive Director with concurrence of Governing Board finds the
District's existing rules or regulations are not sufficient to meet
or protect the public health, safety or welfare or a public water supply
or recreational, commercial, industrial, agricultural or other reasonable
2. Issues orders reciting the existence of such an emergency and require
actions such as apportioning, rotating, limiting or prohibiting the
use of the water resources of the District as deemed necessary to meet
cc: Mr. D. R. Feaster
Mr. James A. Mann
Myron G. Gibbons, Esquire
L. M. Blain, Esquire Lv