CHAPTER 1 ADMINISTRATIVE .................................................................................. 1-1
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TABLE OF CONTENTS
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CHAPTER 1 ADMINISTRATIVE .................................................................................. 1-1
1.1 Introduction ............................................................................................................ 1-1
1.2 Guidelines for Use of the Manual .......................................................................... 1-1
1.3 Description of Numbering System of the Manual ................................................. 1-7
CHAPTER 2 CRITERIA FOR WATER SHORTAGE DECLARATIONS .................... 2-1
2.1 General .................................................................................................................. 2-1
2.2 Declaring and Implementing a Water Shortage .................................................. 2-13
2.3 Emergency Provisions ......................................................................................... 2-25
2.4 Monitoring ............................................................................................................ 2-28
2.5 Specific Restrictions ............................................................................................ 2-30
2.6 The Classification System ................................................................................... 2-78
CHAPTER 3 CRITERIA FOR WATER USE ................................................................ 3-1
3.1 Introduction ............................................................................................................ 3-1
3.2 Definitions .............................................................................................................. 3-1
3.3 Criteria.................................................................................................................... 3-3
CHAPTER 4 CRITERIA OF SURFACE WATER MANAGEMENT SYSTEMS ............ 4-1
4.1 Introduction ............................................................................................................ 4-1
4.2 Definitions .............................................................................................................. 4-1
4.3 Criteria.................................................................................................................... 4-3
4.4 Design Information .............................................................................................. 4-23
CHAPTER 5 CRITERIA FOR WELL CONSTRUCTION ............................................... 5-1
5.1 Introduction ............................................................................................................ 5-1
5.2 Definitions .............................................................................................................. 5-1
5.3 Construction, Repair and Abandonment Standards ............................................. 5-4
1
Page
CHAPTER 6 CRITERIA FOR UNDERGROUND INJECTION PROJECTS ............... 6-1
6.1 Introduction ............................................................................................................ 6-1
6.2 Criteria and Standards for Class I and Class III Wells ........................................ 6-21
6.3 Criteria and Standards for Class IV Wells........................................................... 6-64
6.4 Criteria and Standards for Class V Wells............................................................ 6-65
CHAPTER 7
ADMINISTRATIVE PROCEDURES .................................................. 7-1
7.0 General .................................................................................................................. 7-1
7.1 Approval and Amendment of Work Plans ............................................................. 7-1
7.2 Emergency Situations.......................................................................................... 7-24
7.3 Information Requirements and Checklists .......................................................... 7-29
2
CHAPTER 1 -- ADMINISTRATIVE
1.1
conditions of the Compact and with respect to impacts on
the water resources on and contiguous to Tribal lands and
natural upland systems within Tribal lands.
INTRODUCTION
1.1.1 This Chapter contains information about how the Manual
is to be used in conjunction with the Compact. It outlines
criteria flexibility; criteria considerations for determining
environmental impacts and monitoring; and a description of the
numbering system of the Manual.
The District will evaluate the impact of the Work Plan in
relation to identified significant environmental features
directly related to the water resources, and make specific
recommendations as to the Work Plan based upon the
evaluation.
1.1.2 The definitions delineated in the Compact apply to all
Chapters in the Manual.
The District will separately identify environmental features
of the Work Plan which are indirectly or not at all related to
water resources and evaluate the impacts of the plan on
the non-water resource related environmental features. No
recommendations as to the acceptability of the plan will be
given based upon non-water resource related
environmental impacts.
1.1.3 All figures and tables referenced herein are found in
Appendix 1 of the Manual and maps delineating Reservation and
Tribal Trust lands are found in Appendix 2 of the Manual.
1.2
GUIDELINES FOR USE OF THE MANUAL
The following subsections give general information
concerning the evaluation of environmental impacts.
1.2.1 Relationship Between Compact and Manual -- The
relationship is described in Part (II)(J) of the Compact
1.2.3.1
Information utilized in the review will include
aerial photographs, topographic maps and development
plans, and relevant data from such other sources as site
inspections, studies, and meetings with Tribal
representatives.
1.2.2 Criteria Flexibility -- The specific criteria contained in this
Manual are flexible and have the primary goal of meeting the
provisions and objectives of the Compact. Performance criteria
are used where possible. Other methods of meeting overall
Compact requirements and objectives will be considered by the
District and the Board as appropriate under the circumstances.
It is understood that the Tribe is entitled to demonstrate that it
has met the requirements and objectives of the Compact
without regard to the specific criteria of this Manual.
1.2.3.2
At the request of the Tribe, the District will
conduct a site inspection at a mutually convenient time. If
necessary, the District will independently inspect the site to
determine environmental features. Adverse impacts will
not be reported or concluded without a site inspection.
1.2.3 Criteria Considerations for Determining Environmental
Impacts -- The Tribe's Work Plan will be reviewed by the District
or the purposes of advising the Board as to conformance with
1.2.3.3
1
The Tribe's and District's mutual,
overall goal is to avoid adverse impacts to wetlands and offset
unavoidable adverse impacts to wetlands to achieve no overall
net loss of wetland values and functions in accordance with
4.3.2.3.
History Note New 10-22-02
B.
Environmental features which may be
indirectly related to the water resources, such as:
1.
Intermittent ponds. And:
2.
Significant habitat diversity support
systems, usually consisting of highly productive mixed
upland and wetland systems with appropriate buffer areas.
1.2.3.4
The District first makes a determination
that potential impacts have been avoided to the maximum
extent practicable; remaining unavoidable impacts will then be
mitigated, to the extent appropriate and practicable, by requiring
steps to minimize impacts and, finally, compensate for
impacted wetland functions and values. This sequence is
satisfied when the Criteria contained in Chapter 4 are met for
Work Plan approval. Appropriate and practicable compensatory
mitigation is required for unavoidable adverse impacts which
remain only after all appropriate and practicable minimization
has been required.
History Note New 10-22-02
C.
Environmental features which are not
related to the water resources, such as: unique upland
habitats, usually consisting of tropical hardwood tree
hammocks.
D.
Preferred habitats for rare, endangered, or
threatened species of plants and/or animals.
1.2.3.7
The actual impact resulting from changes to
the natural habitat will be predicted by considering the
existing natural system as altered by the proposed plan. It
is recognized that the variety of actions associated with a
plan may result in both positive and negative environmental
impacts. The District, therefore, will balance both positive
and negative impacts of the Work Plan to achieve a
reasonable degree of protection for significant
environmental habitats consistent with the overall intent of
the Compact.
Wetlands and proposed impacts to
wetlands shall be evaluated using sound engineering and
ecological principles.
1.2.3.5
Pre-submission meetings and submittal of
optional explanatory information which may be useful to the
District in the review process are encouraged.
1.2.3.6
The District will evaluate impacts on water
resources in the following environmental categories:
A.
Environmental features directly related to the
water resources, such as:
1.
Wetlands habitats.
History Note Revised 10-22-02
2.
Natural waterbodies.
1.2.4
2
Criteria Considerations for Monitoring
1.2.4.1
General -- The reason for monitoring
requirements, including the monitoring and reporting schedules,
and the parameters of interest, will normally be stated in the
District evaluation for each Work Plan. Each monitoring
program will be designed specifically for proposed land use or
individual project in the plan in question and may include surface
and/or ground water sampling. Parameters of interest will
normally include, but not be limited to, water levels and chloride
concentrations for water use considerations and those required
by Federal Law for drainage considerations.
B.
intrusion.
Where the potential exists for saline water
1.2.4.3
Surface Water Management: Water Quality
Monitoring -- All new drainage systems will be evaluated
based on the ability of the system to prevent degradation of
receiving waters and compatibility with state water quality
standards.
A.
Areas within the Tribal Reservations and
Trust lands where water quality considerations are
extremely important because of the sensitivity of the region
include:
Monitoring required of the Tribe will be confined
to locations within their boundaries. Additional sampling
necessary, if any, to assess off-site impacts of the plan will be
conducted by the District.
1.
Kissimmee River.
Monitoring will normally be required for sites with
high pollutant generating potential, such as industrial sites and
solid waste disposal sites.
Lake
Okeechobee
and
Lower
2.
Canals currently being backpumped
to Lake Okeechobee or the Conservation areas, or
proposed for backpumping.
1.2.4.2
Water Use: Water Monitoring -- All new
withdrawal requests will be evaluated based on the withdrawal
amount and the aquifer's ability to prevent excessive
drawdowns or impacts on existing legal users protected under
the Compact or environmental features. If the potential exists
for such impacts to occur, monitoring may be required to
quantify actual drawdowns as a result of the withdrawals.
3.
Outstanding Florida Waters defined
as:
i.
ii.
Waters within National Parks
Waters
within
National
iii.
Waters within State Parks or
iv.
Waters
Wildlife Refuges
Recreation Areas
In general, there are two reasons for required water monitoring:
within
State
Preserves
A.
Where the impacts of the proposed withdrawal
may extend to environmental features protected under the
Compact, or adjacent legal uses/users protected under the
Compact, or
v.
Waters
within
areas
purchased under the environmentally endangered lands
bond program.
4.
3
Waters within National Preserves.
have to be determined.
B.
New developments which plan to utilize sensitive
areas for disposal of stormwater will be given more detailed
evaluation by the District. In addition, new projects entailing a
more intensified land use and planning to discharge to sensitive
receiving water, directly or indirectly, may be required to institute
a water quality monitoring program. The following list of land
use intensity is in ascending order:
1.
2.
3.
4.
5.
1.3
DESCRIPTION OF NUMBERING SYSTEM OF THE
MANUAL
Numbers and letters designating provisions of the Manual
shall be in the following order, and shall be identified in the
following manner: n is a Chapter; n.n is a Part; n.n.n is a
section; n.n.n.n is a subsection; n.n.n.n.(A) is a paragraph;
n.n.n.n.(A)n is a subparagraph.
Wetlands
Forested lands
Rangelands
Agricultural
Urban and built-up land.
C.
In general, there are two reasons for required
water quality monitoring:
1.
Such data can be used to determine if the
pollution abatement practices incorporated into the design for
the drainage system are functioning properly.
2.
In some cases there may be a real and
immediate concern regarding degradation of quality in the
receiving waters, regardless of the pollutant removal efficiency
of the drainage system.
D.
Written evaluations issued for submitted Work
Plans not immediately requiring monitoring will normally include
a statement to the effect that water quality monitoring may be
required in the future. This is not an indication that the District is
contemplating the implementation of an intensive water quality
monitoring program by the Tribe. If water quality problems
develop in specific areas, however, the Tribe, by virtue of that
statement, is aware that the quality of the water discharged may
I:\Client Documents\SEMINOLE\CRITERIA.MAN \Mitigation Criteria Chapter 1-FINAL.Doc
4
CHAPTER 2 -- CRITERIA FOR WATER
SHORTAGE DECLARATIONS
2.1
GENERAL
2.1.1 Purpose
This Chapter comprises the District's water
2.1.1.1
shortage plan as it relates to the Tribe within the realm of the
Compact. The purposes of the plan are to protect the water
resources of the District from 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 and the Tribe.
These provisions apply to the Tribe and all
2.1.1.2
water users including those exempt from permitting. However,
they shall not apply to users whose source of water is limited
solely to treated effluent or seawater. Thus, for each regulated
source and type of use, the District restricts water users uniformly,
regardless of whether the user uses water from a public or private
utility system, pursuant to a consumptive use permit, or from a
private well for domestic or individual home use.
2.1.2 Elements of the Water Shortage Plan The water shortage plan
consists of the following elements:
General Part 2.1 presents the general goals
2.1.2.1
and objectives of the District's water shortage plan. The various
elements of the plan are described herein, and definitions for key
2-1
terms used in the plan are provided.
Declaring and Implementing a Water
2.1.2.2
Shortage Part 2.2 describes the procedures the District will
utilize in declaring a water shortage. Provisions are made for
comparing estimated present and anticipated water supplies with
estimated present and anticipated water supplies with estimated
present and anticipated user needs. The impact on the water
resource, if demands are met from available supplies, is also
evaluated. In addition, a method for expressing the severity of a
water shortage in terms of four (4) water shortage phases is
provided. General user restrictions are established. Finally,
procedures for implementing the water shortage declaration are
presented.
Emergency Provisions
Normally,
the
2.1.2.3
provisions of Part 2.2 will be sufficient to protect users within use
classes during times of water shortage. At times, however, due to
the peculiar circumstances which apply to each individual user,
the class restrictions imposed in Part 2.2 may be inadequate to
sufficiently protect individual users. Part 2.3 establishes the
criteria for declaring a water shortage emergency. In addition,
provisions are made for instituting water use restrictions.
Monitoring The District's overall program of
2.1.2.4
monitoring surface and ground waters, climatic conditions, and
water demand during a shortage is generally described. In
addition, a monitoring program is established to determine the
impact of a water shortage on the water resources of the District,
and the effectiveness of a declaration of water shortage or water
shortage emergency.
2.1.2.5
Specific Restrictions Part
2-2
2.5
establishes
specific water use restrictions for each water shortage phase and
water use class. These restrictions are in addition to the general
restrictions stated in Parts 2.2 and 2.3.
Classification System Part 2.6 classifies each
2.1.2.6
user according to the source of water supply and method of
withdrawal. The classification system is utilized in conjunction
with Parts 2.2, 2.3 and 2.5 to determine the water use restrictions
with which the users of a particular source must comply.
2.1.3 Definitions
Even Numbered Address means the house
2.1.3.1
address, box number or rural route ending in the numbers 0, 2, 4,
6, 8 or the letters A-M. Post office box numbers are not included.
Flood Irrigation means the delivery of plant or
2.1.3.2
crop irrigation water by the design and practice of the flowing of
water over the surface to saturate the root zone or, in specific
applications, the raising of the level of groundwater through the
root zone or to the soil surface.
Ground Water Source means a source class
2.1.3.3
within which users obtain water directly from water table aquifers
or from confined or semi confined aquifers. Ground water
sources are a type of source class and are identified in subsection
2.6.2.2.
License
means, but is not limited to, the
2.1.3.4
appropriate professional registration, occupational license,
contractor license or applicator license for the jurisdiction in which
work is being performed.
History Note:
New 6-28-94.
2-3
Low-Volume Hand Watering
means
2.1.3.5
watering by one hose attended by one person, fitted with a selfcanceling or automatic shutoff nozzle.
History Note:
Renumbered 6-28-94.
Low-Volume Irrigationmeans the use of
2.1.3.6
equipment and devices specifically designed to allow the volume
of water delivered to be limited to a level consistent with the water
requirement of the plant being irrigated, and to allow that water to
be placed, with a high degree of efficiency, in the root zone of the
plant. The term also includes water use in mist houses and
similar establishments for plant propagation. Overhead irrigation
and flood irrigation are not included.
History Note:
Amended and renumbered 6-28-94.
Low-Volume Mobile Equipment Washing
2.1.3.7
means the washing of mobile equipment with a "bucket"
and "sponge," or a hose with a self-canceling or automatic shutoff
nozzle, or both.
History Note:
Renumbered 6-28-94.
Low-Volume Pressure Cleaning means
2.1.3.8
pressure cleaning by means of equipment which is specifically
designed to reduce the inflow volume, as accepted by industry
standards.
History Note:
Renumbered 6-28-94.
Low-Volume Wateringmeans the use of
2.1.3.9
equipment, devices, materials and/or methods, including lowvolume hand watering, which limit the amount of water applied to
a surface to the minimum necessary for dust control or
evaporation suppression; use of equipment specifically designed
2-4
to reduce flow and increase saturation efficiency to a level
accepted under industry standards.
History Note:
Renumbered 6-28-94.
Method of Withdrawal Class
means the
2.1.3.10
type of facility or means of extraction or diversion of the water
resource employed by the user. Method of withdrawal classes
within the District are specified in 2.6.3.
History Note:
Renumbered 6-28-94.
Mobile Equipment
means
any
public,
2.1.3.11
private or commercial automobile, truck, trailer, railroad car,
camper, boat, or any other type of similar equipment. The term
shall not include mobile homes, boats that serve as a primary
residence, sanitation or sludge vehicles, or food vending or
transporting vehicles.
History Note:
Amended and renumbered 6-28-94.
Nursery Stock means all plants, trees,
2.1.3.12
shrubs, vines, bulbs, cuttings, grafts, scions, buds, flowering
annual plants, aquatic plants, seeds, corns, or tubers, grown or
kept for propagation, distribution or sale.
History Note:
Renumbered 6-28-94.
Odd Numbered Address
means the house
2.1.3.13
address, box number or rural route ending in the numbers, 1, 3, 5,
7, or 9 or the letters N-Z. Post office box numbers are not
included.
History Note:
Renumbered 6-28-94.
Odd Numbered Days means the days whose
2.1.3.14
dates end in the numbers 1, 3, 5, 7, or 9. For purposes of this
Chapter the date shall be determined by the day during which a
2-5
watering period ends.
History Note:
Renumbered 6-28-94.
Overhead Irrigation means the use of
2.1.3.15
equipment and devices which deliver water under pressure,
through the air, above the level of the plant being irrigated.
History Note:
Renumbered 6-28-94.
Percent Reduction in Overall Demand
2.1.3.16
means the weighted average reduction in all water uses
within a source class, regardless of the type of use or method of
withdrawal, which is necessary to reduce estimated present and
anticipated demand to estimated present and anticipated
available water supply.
History Note:
Renumbered 6-28-94.
2.1.3.17
in this Chapter.
History Note:
Plan means the water shortage plan contained
Renumbered 6-28-94.
Source Class
means the assigned water
2.1.3.18
resource from which a user is obtaining water, either directly or
indirectly. Source classes within the District are specified in 2.6.2.
History Note:
Renumbered 6-28-94.
Surface Water Use Basin means
the
2.1.3.19
geographical area within which a user obtains water from surface
waters. Surface water use basins are a type of source class and
are identified in 2.6.2.1.
History Note:
Renumbered 6-28-94.
Use Class means the category describing the
2.1.3.20
purpose for which the user is utilizing water. Use classes are
2-6
generally grouped by related uses. The four major groupings are:
Essential/Domestic/Utility/Commercial, Agriculture, Nursery/Urban
Irrigation/Recreation and Miscellaneous. Neither the order of
listing of the major groupings, nor the order of listing within each
major grouping is intended to establish relative priorities of water
use. A user may be assigned one or more use class regardless
of the groupings in this subsection.
Each water user shall be given one or more of the following use
classes:
A.
Essential / Domestic / Utility / Commercial
1.
Essential Use means use of water strictly for
fire fighting, safety, sanitation, health and
medical purposes, and the use of water to
satisfy federal, state or local public health and
safety requirements.
2.
Domestic Type Use means any use of water
for personal needs or for household purposes,
such as drinking, bathing, heating, cooking,
sanitation or cleaning, whether the use occurs in
a residence or in a commercial or industrial
establishment.
3.
means water used for
Water Utility Use
withdrawal, treatment, transmission, and
distribution by potable water systems.
4.
means the use of
Power Production Use
water for steam generation, and the use of
2-7
water for cooling and for replenishment of
cooling reservoirs.
B.
5.
Commercial and Industrial Process Use
means the use of water integral to the
production of the primary goods or services
provided by a business establishment.
6.
Diversion and Impoundment into NonDistrict Facilities
means the diversion or
extraction
of
water
into
non-District
impoundments and delivery systems designed
for purposes, including but not limited to,
maintaining structural integrity, providing
agricultural water and other non-recreational,
non-aesthetic uses.
Agricultural
1.
Agricultural Use means the use of water for
the commercial production of crops or the
growing of farm products including, but not
limited to, vegetables, citrus and tropical fruits,
pasture, nursery stock, sugar cane, rice, and
sod.
2.
Livestock Use means the use of water for
drinking by or washing of livestock.
3.
means the use of water
Aquacultural Use
for the spawning, cultivating, harvesting or
marketing of domesticated fin-fish, shellfish,
crustaceans, frogs, turtles, alligators, and other
2-8
aquatic organisms that have a sport or other
economic value.
C.
4.
means use of water for raising
Soil Flooding
of water levels on agricultural lands for
purposes not directly related to crop growth
including, but not limited to, soil preservation,
crop harvesting, and pest control.
5.
means the periodic and
Freeze Protection
infrequent use of water to protect agricultural
and nursery crops from permanent damage due
to low temperatures. This action would be
taken in response to official weather forecasting
services predicting freezing temperatures.
Nursery / Urban Irrigation / Recreation
1.
means the use of water on
Nursery Use
premises on or in which nursery stock is grown,
propagated, or held for sale or distribution, or
sold or reshipped.
2.
Landscape Irrigation - New Installation
means the outside watering or sprinkling
of shrubbery, trees, lawns, grass, ground
covers, plants, vines, gardens, and other such
flora which have been planted for less than
thirty (30) days and are situated in such diverse
locations as residential landscaping, parks,
cemeteries, public, commercial and industrial
establishments, public medians and rights of
way.
2-9
3.
Landscape Irrigation - Existing Installation
means the outside watering or sprinkling
of shrubbery, trees, lawns, grass, ground
covers, plants, vines, gardens and other such
flora which are planted and established and are
situated in such diverse locations as residential
landscaping, recreation areas, cemeteries,
public,
commercial
and
industrial
establishments, public medians and rights of
way.
4.
Recreation Area Use means the use of water
for the maintenance and support of intensive
recreational areas such as, but not limited to,
playgrounds, football, baseball, and soccer
fields, polo fields, tennis courts, race tracks and
school playgrounds.
5.
Golf Course Use means water used to irrigate
and establishment designed and used for
playing golf.
6.
means
Water Based Recreation Use
water used for public or private spas, swimming
pools and wading pools, including water slides.
This term does not include pools specifically
maintained to provide habitat for aquatic life.
2-10
D.
Miscellaneous
1.
Cooling
and
Air
Conditioning
Use
means the use of water for industrial
cooling or for air conditioning.
2.
Dewatering Use means the removal of water
from a specific area to facilitate mining or
construction.
3.
Other Outside Uses means the use of water
outdoors for the maintenance, cleaning and
washing of structures and mobile equipment,
including automobiles, and the washing of
streets, driveways, sidewalks and similar areas.
4.
Aesthetic Use means the use of water for
fountains, waterfalls, and landscape lakes and
ponds where such uses are entirely ornamental
and decorative and serve no other functional
purpose.
E.
The Board May Establish such Additional Use
Classifications as it deems Necessary.
History Note:
Amended and renumbered 6-28-94.
User means the Tribe and any person, natural
2.1.3.21
or artificial, individual, firm, association, organization, partnership,
business trust, corporation, company, agent, employee or other
legal entity, the United States of America, and the State and all
political subdivisions, regions, districts, municipalities, and public
agencies thereof, which directly or indirectly take water from the
water resource, including but not limited to uses from private or
2-11
public utility systems, uses under consumptive use permits, or
uses from individual wells or pumps for domestic or individual
home use. The term does not include persons who use treated
effluent or seawater.
History Note:
Renumbered 6-28-94.
Water Resource means any and all water on or
2.1.3.22
beneath the surface of the ground, including natural or artificial
water courses, lakes, ponds, or diffused surface water, and water
percolating, standing, or flowing beneath the surface of the
ground.
History Note:
Renumbered 6-28-94.
Water Shortage means that situation within all
2.1.3.23
or part of the District when insufficient water is available to meet
the present and anticipated needs of the users, or when
conditions are such as to require temporary reduction in total use
within a particular area to protect water resources from serious
harm. A water shortage usually occurs due to drought.
History Note:
Renumbered 6-28-94.
Water Shortage Emergency means
that
2.1.3.24
situation when the powers which can be exercised under Chapter
2 are not sufficient to protect the public health, safety, or welfare,
or the health of animals, fish or aquatic life, or a public water
supply, or commercial, industrial, agricultural, recreational or other
reasonable uses.
History Note:
Renumbered 6-28-94.
2-12
2.2
DECLARING AND IMPLEMENTING A WATER SHORTAGE
2.2.1 Evaluating Water Conditions
This section sets forth the steps the District will
2.2.1.1
take to periodically evaluate water conditions within the District, in
order to determine whether a water shortage should be declared.
The District shall monitor the condition of the
2.2.1.2
water resources within the District as provided in 2.4.1.
Current data shall be compared to historical
2.2.1.3
data to determine whether estimated present and anticipated
available water supply within any source class will be insufficient
to meet the estimated present and anticipated demands of the
users from the source class, or whether serious harm to the water
resources can be expected.
The District shall seek the
cooperation and assistance of the Tribe and state, county and
municipal government officials in developing the historic and
technical data used to periodically evaluate water conditions.
A.
Present and anticipated available water supply shall
be periodically estimated for each source class.
Factors considered in estimating present and
anticipated available supply within a source class may
include:
1.
Historic, current and anticipated levels in
surface and ground waters, including
potentiometric heads in confined and semiconfined aquifers.
2.
Historic, current and anticipated flows in surface
2-13
waters.
B.
3.
The extent to which water may be transferred
from one source class to another.
4.
The extent to which present water use
restrictions may enhance future supplies, or
postpone more stringent restrictions.
5.
Historic, current and anticipated demand of
natural systems, including losses due to
evapotranspiration and seepage.
6.
Historic, current and anticipated
fluctuation in rainfall. And:
7.
Other water resource factors affecting present
and anticipated available water supply.
seasonal
Present and anticipated user demands for each use
and method of withdrawal class shall be periodically
estimated for each source class. Factors considered
in estimating the present and anticipated demands of
the users within a source class may include:
1.
Estimated current and anticipated demands of
the Tribe and permitted users.
2.
Estimated current and anticipated demands of
users exempt from permitting, but subject to the
provisions of the water shortage plan.
3.
Current and anticipated demands of users
2-14
whose supply of water is established by federal
law.
C.
4.
Anticipated
demands.
seasonal
fluctuations
in
user
5.
The extent to which user demands may be met
from other source classes. And:
6.
Other factors affecting present and anticipated
water demands.
Estimated present and anticipated available water
supply shall be periodically compared to estimated
present and anticipated user demands to determine
impact on the water resource. Factors that may be
considered in determining whether serious harm to
the water resource may occur include:
1.
Potential for increased saline intrusion or other
ground water contamination.
2.
Potential for irreversible adverse impacts on fish
and wildlife. And:
3.
Other factors adversely impacting the water
resource.
2.2.2 Declaring a Water Shortage
If, in the opinion of the District, there is a
2.2.2.1
possibility that insufficient water will be available within a source
class to meet the estimated present and anticipated user
2-15
demands from that source, or to protect the water resource from
serious harm, the Board may declare a water shortage for the
affected source class. When the affected source extends beyond
the District's boundaries, the District shall coordinate water
shortage declarations with the appropriate water management
districts to the extent practicable.
A water shortage may also be declared for
2.2.2.2
those source classes not presently experiencing a water shortage
if usage from such sources can reasonably be expected to impact
the present and anticipated available water supply in those source
classes identified in 2.2.2.1.
Prior to declaring a water shortage for a source
2.2.2.3
class, the Board or the Executive Director may issue a water
shortage warning, calling for voluntary reductions in demand
within that source.
If a water shortage is declared for a source
2.2.2.4
class, the District shall estimate the percent reduction in overall
demand required to reduce demand to available water supply.
The restricted area may include, for enforcement purposes, all or
part of Reservations or Tribal Trust lands, a county, municipality,
surface water basin or utility service area which impacts a source
class for which a water shortage is declared.
2.2.3 Water Shortage Phases
This section establishes four phases of water
2.2.3.1
shortage as a function of the estimated percent reduction in
overall demand required to reduce estimated present and
anticipated demand to estimated present and anticipated
available water supply. The water shortage phase determines the
2-16
type of water use restrictions which will be ordered in a declared
water shortage.
2.2.3.2
established:
The following water shortage phases are
Water Shortage Phase Color Code % reduction in
overall demand
I.
Moderate Water Shortage
Yellow
II.
Severe Water Shortage Orange
III.
Extreme Water Shortage
IV.
Critical Water Shortage Purple
Red
less than 15%
less than 30%
less than 45%
less than 60%
2.2.3.3 Each source class for which a water shortage has been
declared shall be assigned a specific water shortage phase.
More than one source class may be combined into a single
class for this purpose. The water shortage phase selected for a
source class may be based upon:
A: The estimated percent reduction in overall demand as
determined in 2.2.2.4. And:
B: For areas with multiple sources, the extent to which
users have the capability to obtain water for a source or
sources other than the source class for which a water
shortage has been declared.
2.2.4 General Water Use Restriction
2.2.4.1
This section specifies general water use
2-17
restrictions for all users for each water shortage phase. Specific
restrictions by user class are presented in 2.5. Users desiring
detailed information about the specific restrictions applying to their
use should refer to 2.5.
The Board may order the water use restrictions
2.2.4.2
specified in 2.5 for the appropriate water shortage phase for each
affected source class. The restricted area may include, for
enforcement purposes, all or part of Tribal lands, a county,
municipality, surface water basin or utility service area which
impacts a source class for which a water shortage is declared.
Further, the Board may order any combination in lieu of, or in
addition to, the restrictions specified in 2.5 and the restrictions
described in 2.2.4.3, by use or method of withdrawal class, within
each source class, if necessary to achieve the percent reduction
in overall demand.
2.2.4.3
include:
Additional restrictions which may be considered
A.
Provisions that recognize the right of water users in an
area to make voluntary agreements among
themselves, with the concurrence of the Board or the
Executive Director, providing for the mutual reduction,
sharing, or rotation of use.
B.
Provisions for the distribution of water to the Tribe
and/or permittees in exchange for ceasing or reducing
ground or surface water withdrawals.
C.
Provisions for the metering and reporting of all water
used, diverted, impounded, extracted or withdrawn,
2-18
D.
Provisions designed to maintain minimum flows and
minimum levels,
E.
Provisions which recognize the extent to which users
can satisfy water demands from sources for which a
water shortage has not been declared,
F.
Provisions for monitoring water levels and determining
chloride concentrations in order to protect against
saline water intrusion or other deterioration of water
quality including the closing and plugging of wells,
G.
Restrictions on the total amount of water that may be
used, diverted, impounded, extracted, or withdrawn
during any day, month, or year,
H.
Restrictions on the timing of use, diversion,
impoundment, extraction, or withdrawal of water,
I.
Restrictions on pumping rates or diversion rates, or
J.
Such other provisions or restrictions as are necessary
to protect the water resources from serious harm.
2.2.5 Variances
The Tribe may request relief from the provisions
2.2.5.1
of 2.2 by filing a request for variance pursuant 2.2.5.5.
Criteria for Issuance No request for variance
2.2.5.2
shall be granted unless the Tribe provides reasonable assurances
that the variance will not otherwise be harmful to the water
resources of the District and affirmatively demonstrates that one
2-19
or more of the following circumstances exists:
A.
The variance is essential to protect health or safety.
Or:
B.
Compliance with the particular section or order from
which a variance is sought will require measures
which, because of their extent or cost, cannot be
accomplished within the anticipated duration of the
shortage.
C.
Alternative restrictions which achieve the same level
of demand reduction as the restrictions from which a
variance is sought are available and are binding and
enforceable.
D.
The Tribe is acting as a public utility and
demonstrates that special circumstances exist which
necessitate the issuance of a variance. Or:
E.
The Tribe's source of water includes an approved
aquifer storage and recovery installation or a water
reclamation project.
History Note:
Amended 6-28-94.
Limiting Conditions Variances granted shall
2.2.5.3
be subject to the following conditions, unless waived or modified
by the Board:
A.
The variance granted shall be the minimum necessary
to alleviate the circumstance for which the variance
was requested under 2.2.5.2.
2-20
B.
All variances shall expire upon a declaration by the
Board that a water shortage no longer exists or when
a more restrictive water shortage declaration is made,
unless the Board specifies that the variance shall be
in effect for a longer period of time, provided however,
that variance conditions which require the Tribe to
modify water use facilities shall remain in full force
and effect until such modifications have been
completed.
However, when a new request for
variance is filed within seven working days of the
effective date of a more restrictive water shortage
declaration, the existing variance shall remain in effect
until final agency action on the request.
C.
Variances granted under 2.2.5.2(B) may prescribe a
timetable for compliance with the restrictions from
which a variance was sought.
History Note:
Amended 6-28-94.
Requests for Variance
2.2.5.4
contain the following:
The request shall
A.
The specific section, order, water shortage phase or
restriction from which the Tribe is requesting relief.
B.
A detailed statement of the facts which the Tribe
believes demonstrate that the request qualifies for a
variance under 2.2.5.2, including reports by qualified
technical experts.
C.
A description of the relief desired.
D.
The period of time for which the variance is sought,
2-21
including the reasons and facts in support thereof.
E.
The damage or harm resulting, or which may result to
the Tribe, from compliance with the requirements or
order.
F.
If the variance is sought under 2.2.5.2(B), information
identifying the restrictions which currently can be met,
a description of the measures which would be
necessary to meet all restrictions and the date when
these measures could be completed.
G.
If the Tribe is the owner or operator of a golf course
whose need for a variance arises from the operational
inability of its irrigation system or works to meet the
front nine back nine requirement in 2.5, the Tribe shall
submit a map showing the proposed alternative
division of the course in half and an explanation of the
Tribe's proposed irrigation scheme. And:
H.
For requests for variance from restrictions on
irrigation, a general description of the irrigation
system, including pump or water system output and
irrigated area, and
I.
Any other information the Tribe believes is material.
History Note:
Amended 6-28-94.
2.2.5.5
A.
Procedures
Within ten working days after receipt of a complete
request for variance, which contains the information
listed in subsection 2.2.5.4, the staff shall recommend
2-22
to the Executive Director whether the request
complies with the provisions of 2.2.5.2 through
2.2.5.4. The recommendation shall be in writing and
shall constitute proposed agency action. A copy of
the recommendation shall be forwarded to the Tribe.
2-23
B.
The Executive Director or his designee shall review
the request and the staff recommendation. Requests
which do not require immediate action or which do not
comply with the provisions of 2.2.5.2 through 2.2.5.4
may be deferred for Board action. Requests which
require immediate action and which comply with the
provisions of 2.2.5.2 through 2.2.5.4 may be
temporarily granted by the Executive Director or his
designee.
Temporary variances granted by the
Executive Director or his designee shall be presented
to the Board for concurrence, rejection or modification.
C.
The Board shall consider all deferred requests, and
those temporarily granted by the Executive Director or
his designee, at its next regularly scheduled meeting.
The Board may grant, or deny the deferred requests
and may concur in, reject or modify those requests
temporarily granted by the Executive Director or his
designee. All Board action shall be by written order
and copies shall be furnished to the Tribe. The Tribe
shall be furnished an appropriate notice of water
shortage variance and any attachments which shall
be prominently displayed at the place of use.
D.
The Board may revoke or modify a variance when it
determines that the continued utilization of the
variance is inconsistent with the objectives of the
District.
History Note:
Amended 6-28-94.
2-24
2.2.6 Implementing a Water Shortage Declaration
When a water shortage is declared, or if already
2.2.6.1
declared if more severe restrictions are imposed, the District will
notify the Tribe and publish notice of the declaration or restrictions
at least once in newspapers of general circulation in the areas
affected. In addition, the District shall make every effort to inform
the general public of the restrictions in effect and the sources of
supply which are affected. Particular attention shall be given to
presenting this information in a form which is easily understood
and applied by the citizens of the affected areas.
A declaration of water shortage and any
2.2.6.2
provision or restriction adopted pursuant thereto under the water
shortage plan may be modified or rescinded by the Board.
A declaration of water shortage and any
2.2.6.3
provision or restriction adopted pursuant thereto under the water
shortage plan may be modified or rescinded by the Executive
Director if all of the following circumstances are present:
A.
The Board previously issued a declaration of water
shortage which remains in effect.
B.
The order rendering the Board's declaration of water
shortage specifically delegates to the Executive
Director the authority to modify or rescind the existing
water shortage restrictions. And:
C.
The District's monitoring of water conditions and plan
implementation reasonably demonstrates that a
modification or recision of the Board's declaration of
water shortage is warranted and necessary.
2-25
All decisions of the Executive Director made
2.2.6.4
pursuant to 2.2.6 shall be by order and subject to ratification by
the Board at the next scheduled Board meeting.
An order declaring a water shortage or imposing
2.2.6.5
more severe restrictions shall become effective on the day after
any notice required in 2.2.6.1 is published. An order declaring a
water shortage shall remain in effect until modified or rescinded by
the Board or the Executive Director.
2.3
EMERGENCY PROVISIONS
2.3.1 Criteria for Declaring a Water Shortage Emergency
This section sets forth the steps the District will
2.3.1.1
take to evaluate water conditions within the District in order to
determine whether a water shortage emergency exists. A water
shortage emergency can occur under two situations; when
specific users rather than classes of users must be restricted, and
second, when the emergency occurs so abruptly that immediate
action is needed to restrict classes of users.
The District shall monitor the condition of the
2.3.1.2
water resources of the District and the needs of the users as
provided in 2.4.1.
Current data shall be evaluated to determine
2.3.1.3
whether any user's or classes of users' estimated present an
anticipated available water supply will be insufficient to protect the
public health, safety or welfare, or the health of animals, fish or
aquatic life, a public water supply, or commercial, industrial,
agricultural, recreational, or other reasonable-beneficial use.
2-26
A.
B.
The present and anticipated water supply available to
the user or classes of users shall be estimated.
Factors that may be considered include:
1.
Those factors listed in paragraph 2.2.1.3(A).
2.
The ability of the user or classes of users to
obtain water from other users.
3.
The ability of the user or classes of users to
obtain water from another source class. And:
4.
Other factors affecting the present and
anticipated available water supply of a user or
classes of users.
The potential for adverse impacts on the public health,
safety or welfare, or the health of animals, fish or
aquatic life, or a public water supply, or commercial,
industrial, agricultural, recreational, or other
reasonable beneficial use shall be evaluated. Factors
that may be considered include:
1.
Those factors listed in paragraphs 2.2.1.3(B)
and (C).
2.
The extent to which adverse impacts can be
reduced by imposing additional restrictions on
other users from the same source class.
3.
The extent to which restricting other users from
the same source class will create other adverse
2-27
impacts.
4.
If the Tribe is affected, the recommendation of
its board of officials. And:
5.
Other factors relating to public health, safety
and welfare.
If a water shortage emergency is declared for a
2.3.1.4
user, the district shall estimate the percent reduction in user
demand required to alleviate the emergency.
If a water shortage emergency is declared for a
2.3.1.5
class or classes of users, the Executive Director shall define the
restrictions needed to alleviate the emergency, including those set
forth in 2.2.2 and 2.2.3.
2.3.1.6 The Tribe is requested to immediately report any
resource related water supply problems detected or
experienced within Reservation and Tribal Trust lands to the
District.
2.3.2 Water Use Restrictions in a Water Shortage Emergency
This section specifies water use restrictions for
2.3.2.1
a user subject to an order declaring a water shortage emergency.
More than one user may be included in a single order for
purposes of establishing water use restrictions pursuant to 2.3.2.
Additional restrictions which may be considered
2.3.2.2
include those listed in 2.2.4.3.
2-28
2.4
MONITORING
2.4.1 Monitoring
This section generally describes the data
2.4.1.1
collection and analysis the District may undertake in anticipation
of and during a declared water shortage or water shortage
emergency. Monitoring data may be used to determine:
A.
Whether a water shortage or water shortage
emergency should be declared.
B.
Whether the restrictions in effect are sufficient to
protect the water resources and users within the
affected area, in light of existing and anticipated
climatological conditions. and:
C.
Whether the restrictions in effect are being adequately
enforced.
Data may be obtained from any source
2.4.1.2
available, including but not limited to:
A.
The District.
B.
Other water management districts.
C.
The Tribe and permittees who are required to submit
data as a condition of their Work Plan or permit.
D.
Any local, state or federal agency. And:
E.
Any other source available.
2-29
Resource Monitoring -- When appropriate, the
2.4.1.3
District shall collect and analyze data concerning any aspect of
the water resource. Data which may be collected include, but are
not limited to:
A.
Levels in surface and ground waters, including
potentiometric heads in confined and semi-confined
aquifers.
B.
Water quality in surface and ground waters.
C.
Flows in surface waters.
D.
Transfers of water from one source class to another.
E.
Demand of natural systems including, but not limited
to, losses due to evapotranspiration and seepage.
F.
Rainfall.
G.
Impacts on fish and wildlife. And:
H.
Other data required to evaluate the status of the water
resources of the District.
Demand Monitoring When appropriate the
2.4.1.4
District shall collect and analyze data concerning any aspect of
user demand upon the water resources. Data which may be
collected include but are not limited to:
A.
Demands of the Tribe and permitted users.
2-30
B.
Demands of users exempt from permitting, but subject
to the provisions of the water shortage plan.
C.
Demands of users whose supply of water is
established by federal law. And:
D.
Other data required to evaluate demands on the water
resources of the District.
When appropriate, the District may prepare a
2.4.1.5
drought management report summarizing the data gathered
pursuant to this section.
2.5
SPECIFIC RESTRICTIONS
2.5.1 Specific Restrictions
Upon declaration of a water shortage or water
2.5.1.1
shortage emergency it shall be prohibited to use water in a
manner inconsistent with the restrictions specified in this Part and
2.2. It shall be the duty of each water user to stay informed as to
the phase of water shortage and the applicable restrictions for that
phase. Violation of the restrictions specified in this Part and 2.2
shall be subject to enforcement action, as provided under the
Compact.
History Note:
Amended 6-28-94.
In addition to the restrictions specified in this
2.5.1.2
Part and 2.2, wasteful and unnecessary water use is prohibited
regardless of the phase of water shortage. Such wasteful and
unnecessary water use shall include, but not be limited to:
A.
Allowing water to be dispersed without any practical
2-31
purpose to the water user, regardless of the type of
water use.
B.
Allowing water to be dispersed in a grossly inefficient
manner, regardless of the type of water use.
C.
Allowing water to be dispersed to accomplish a
purpose for which water use is unnecessary or which
can be readily accomplished through alternative
methods without water use.
Within each section of this Part, use classes are
2.5.1.3
grouped in the same sequence as in 2.1.3.20.
History Note:
Amended and renumbered 6-28-94.
The
following
2.5.2 Phase I - Moderate Water Shortage
restrictions shall apply when a phase I water shortage is declared by the
District.
Essential/Domestic/Utility/Commercial
2.5.2.1
A.
Essential Use
1.
The use of water for fire fighting, safety,
sanitation, health and medical purposes and
other essential uses shall not be restricted.
2.
Fire hydrant flushing shall be undertaken only
on an emergency basis.
3.
Sanitary sewer line flushing and testing shall not
be restricted except on a voluntary basis.
2-32
B.
C.
D.
Domestic Type Use
1.
Residential type domestic use shall be
voluntarily reduced to achieve a per capita
consumption of sixty (60) gallons per person per
day.
2.
Domestic type use in industrial and commercial
establishments shall be voluntarily reduced.
Water Utility Use
1.
Initial pressure at the point of use (meter) shall
be voluntarily reduced to levels no greater than
forty-five (45) pounds per square inch. Upon
reduction of pressure, the utility shall notify the
appropriate fire fighting agencies and make
arrangements for direct communication when
additional pressure is required.
2.
New water line flushing and disinfection shall be
restricted to the hours of 7:00 P.M. to 7:00 A.M.,
seven (7) days per week.
3.
As may be appropriate the utility shall institute
additional voluntary conservation measures,
such as reclaiming of backwash water,
improving and accelerating leak detection
surveys and repair programs, installing and
calibrating meters, and stabilizing and
equalizing system pressures.
Power Production Use
2-33
Water used for power
production shall be voluntarily reduced.
E.
Commercial and Industrial Process Use
1.
Commercial car washes shall be restricted as
follows:
a.
b.
2.
For washes servicing passenger vehicles
and mobile equipment weighing less than
ten thousand (10,000) pounds,
i.
use in excess of seventy-five (75)
gallons per wash shall be
prohibited. And:
ii.
Use equal to or less than seventyfive (75) gallons per wash shall be
voluntarily reduced.
For washes servicing mobile equipment
weighing ten thousand (10,000) pounds or
more,
i.
use in excess of one hundred fifty
(150) gallons per wash shall be
prohibited. And:
ii.
Use equal to or less than one
hundred fifty (150) gallons per wash
shall be voluntarily reduced.
Water used for commercial and industrial
processes shall be voluntarily reduced.
2-34
3.
Water use for cleaning, adjusting and repair of
irrigation systems by a licensed person or entity
shall be restricted as follows:
a.
projects one (1) irrigated acre or greater in
size shall be limited to one (1) hour per
acre per week.
b.
projects less than one (1) irrigated acre in
size shall be limited to ten (10) minutes
per zone per week.
4.
Water use for pesticide application under the
supervision of a licensed pest control operator
shall be voluntarily reduced.
Under the
provisions of this subparagraph, the applicator
must be on the premises when water is applied
outside of the hours allowed for irrigation.
5.
Water use for well development under the
supervision of a licensed well contractor shall be
voluntarily reduced.
6.
Water use for mobile equipment washing by a
licensed person or entity shall be voluntarily
reduced.
2-35
F.
Diversion and Impoundment into Non-District
Facilities Water
used
for
diversion
and
impoundment into non-District facilities shall be
voluntarily reduced.
History Note:
Amended 6-28-94.
2.5.2.2
Agriculture
A.
Agricultural Use
1.
Overhead irrigation shall be restricted to the
hours of 2:00 P.M. to 10:00 A.M.
2.
Low-volume irrigation hours shall not be
restricted.
3.
All irrigation systems shall be operated in a
manner that will maximize the percentage of
water withdrawn and held, which is placed in the
root zone of the crop and will minimize the
amount of water which is withdrawn and
released or lost to the user but is not
immediately available for other users.
4.
Users having access to more than one source
class shall maximize the use of the lesser or
least restricted source class.
5.
Overhead irrigation for field grown citrus nursery
stock moisture stress reduction shall be allowed
daily for ten (10) minutes per irrigation zone
from 11:30 A.M. to 12:00 P.M. and from 1:30
P.M. to 2:00 P.M.
2-36
B.
Livestock Use Livestock
voluntarily reduced.
water
use
shall
be
C.
Aquacultural water use shall
Aquacultural Use
be voluntarily reduced.
D.
Soil Flooding
1.
Soil flooding for vegetable seed planting, rice
planting, burning of sugarcane prior to harvest
and to permit harvesting of sod shall be
voluntarily reduced.
2.
Soil flooding for all other purposes shall be
prohibited.
Water
use
for
freeze
Freeze Protection
protection shall be restricted to situations in which
official weather forecasting services predict
temperatures likely to cause permanent damage to
crops.
History Note:
Amended 6-28-94.
E.
Nursery/Urban Irrigation/Recreation
2.5.2.3
A.
Nursery Use
1.
Low-volume irrigation uses and low-volume
hand watering shall be voluntarily reduced.
2.
Overhead irrigation uses shall be restricted as
follows:
2-37
a.
Inside
8:00 A.M. to 8:00 P.M., seven
(7) days per week.
b.
Outside
7:00 P.M. to 7:00 A.M., seven
(7) days per week.
c.
3.
B.
Overhead irrigation for containerized
nursery stock moisture stress reduction
on stock grown in containers up to and
including one (1) gallon in size shall be
allowed daily for ten (10) minutes per
irrigation zone from 11:30 A.M. to 12:00
P.M., 1:30 P.M. to 2:00 P.M. and 3:30
P.M. to 4:00 P.M.
Flood irrigation systems shall be restricted to
eight (8) days per month.
Landscape Irrigation - New Installation
1.
For installations which have been in place for
less than thirty (30) days. And:
a.
Less than five (5) irrigated acres in size,
water use for irrigation shall be restricted
to the hours of 2:00 A.M. to 8:00 A.M.,
Monday through Friday.
b.
Five (5) irrigated acres or greater in size,
water use for irrigation shall be restricted
to the hours of 12:01 A.M. to 8:00 A.M.,
Monday through Friday.
2-38
C.
2.
Low-volume irrigation and low-volume hand
watering of new landscaping shall be voluntarily
reduced.
3.
Cleaning and adjusting of new irrigation
systems shall be restricted to ten (10) minutes
per zone on a one time basis.
Landscape Irrigation - Existing Installation
1.
2.
For existing installations less than five (5)
irrigated acres in size, water use for irrigation
shall be restricted to the hours from 4:00 A.M. to
8:00 A.M. for all types of irrigation, except low
volume irrigation, and 5:00 P.M. to 7:00 P.M. for
low volume hand watering only, three (3) days
per week.
a.
Installations with odd addresses shall be
permitted to irrigate on Monday,
Wednesday and Saturday.
b.
Installations with even addresses or no
address shall be permitted to irrigate on
Tuesday, Thursday and Sunday.
For existing installations five (5) irrigated acres
or greater in size, water use for irrigation shall
be restricted to the hours from 12:01 A.M. to
8:00 A.M., three (3) days per week.
a.
Installations with odd addresses shall be
permitted to irrigate on Monday,
2-39
Wednesday and Saturday.
b.
D.
Installations with even addresses or no
address shall be permitted to irrigate on
Tuesday, Thursday and Sunday.
3.
Water use for cleaning, adjusting and repair or
existing irrigation systems shall be limited to ten
(10) minutes per zone per week.
4.
Low volume irrigation uses shall be voluntarily
reduced.
Recreation Area Use
1.
Landscape irrigation for new and existing
recreation areas shall be restricted to the hours
prescribed for new and existing landscape in
paragraphs 2.5.2.3(B) and (C) respectively.
2.
Irrigation of seeded and/or sprigged recreation
areas that have been in place for less than thirty
(30) days shall be allowed daily for ten (10)
minutes per irrigation zone from 11:30 A.M. to
12:00 P.M., 1:30 P.M. to 2:00 P.M. and 3:30
P.M. to 4:00 P.M.
3.
Watering of pervious non-vegetated recreational
/ sporting surfaces shall be restricted to ten (10)
minutes of application prior to each recreational
/ sporting event. Low volume watering shall be
used.
2-40
E.
F.
Golf Course Use
1.
Irrigation of greens and tees shall be voluntarily
reduced and shall be accomplished during nondaylight hours.
2.
Irrigation of fairways, roughs and non-playing
areas on the first nine (9) holes of the course
shall be restricted to the hours of 12:01 A.M. to
8:00 A.M., Monday, Wednesday and Saturday.
3.
Irrigation of fairways, roughs and non-playing
areas on the last nine (9) holes of the course
shall be restricted to the hours of 12:01 A.M. to
8:00 A.M., Tuesday, Thursday and Sunday.
4.
Irrigation of seeded and / or sprigged areas that
have been in place for less than thirty (30) days
shall be allowed daily for ten (10) minutes per
irrigation zone from 11:30 A.M. to 12:00 P.M.,
1:30 P.M. to 2:00 P.M. and 3:30 P.M. to 4:00
P.M.
Water Based Recreation Use
1.
Water based recreation water use shall be
voluntarily reduced.
2.
History Note:
Draining of facilities into sewers or onto
impervious surfaces shall be prohibited.
Amended 6-28-94.
2.5.2.4
Miscellaneous
2-41
A.
The use of
Cooling and Air Conditioning Use
water for cooling and air conditioning shall be
restricted to that amount of water necessary to
maintain a minimum temperature of seventy-eight (78)
degrees Fahrenheit.
B.
Dewatering Use Dewatering discharge of fresh water
to tide shall be prohibited.
C.
Other Outside Uses
1.
Washing or cleaning streets, driveways,
sidewalks, or other impervious areas with water
shall be prohibited.
2.
Mobile equipment washing with water shall be
restricted to the hours and days prescribed for
existing landscape irrigation in 2.5.2.3(C) using
only low-volume mobile equipment washing
methods and shall be conducted over a
pervious surface or in an area that immediately
drains to a pervious surface. Rinsing and
flushing of boats after saltwater use shall be
limited to fifteen (15) minutes once a day for
each boat.
3.
Outside pressure cleaning shall be restricted to
only low-volume pressure cleaning, seven (7)
days per week.
4.
Washing boats that serve as a primary
residence shall be restricted to the hours and
2-42
days prescribed for existing landscape irrigation
in paragraph 2.5.2.3(C)1. Boats with an odd
slip number shall be permitted to be washed on
Monday, Wednesday and Saturday. Boats with
an even slip number or no slip number shall be
permitted to be washed on Tuesday, Thursday
and Sunday.
D.
Aesthetic Use
1.
Non-recirculating outside aesthetic uses of
water shall be prohibited.
2.
Water use for outside aesthetic purposes by
facilities that recirculate water shall be
voluntarily reduced and must meet the following
criteria:
a.
Draining of water from outside aesthetic
facilities into sewers or onto impervious
surfaces is prohibited.
b.
Outside aesthetic facilities shall not be
operated when wind conditions cause
water to be lost from the recirculating
capacity of the facility.
c.
Outside aesthetic facilities that leak water
shall not be operated.
d.
Outside aesthetic facilities that lose water
due to an overflow shall not be operated.
2-43
3.
History Note:
Inside aesthetic uses of water shall be
voluntarily reduced.
Amended 6-28-94.
2.5.3 Phase II - Severe Water Shortage The following restrictions shall
apply when a Phase II water shortage is declared by the District.
Essential/Domestic/Utility/Commercial
2.5.3.1
A.
B.
C.
Essential Use
1.
The use of water for fire fighting, safety,
sanitation, health and medical purposes and
other essential uses shall not be restricted.
2.
Fire hydrant flushing shall be undertaken only
on an emergency basis.
3.
Sanitary sewer line flushing and testing shall not
be restricted except on a voluntary basis.
Domestic Type Use
1.
Residential type domestic use shall be
voluntarily reduced to fifty (50) gallons per
person per day.
2.
Domestic type use in industrial and commercial
establishments shall be voluntarily reduced.
Water Utility Use
1.
Initial pressure at the point of use (meter) shall
2-44
be reduced to levels no greater than forty-five
(45) pounds per square inch. Upon reduction of
pressure, the utility shall notify the appropriate
fire fighting agencies and make arrangements
for direct communication when additional
pressure is required.
2.
New water line flushing and disinfection shall be
restricted to the hours of 7:00 P.M. to 7:00 A.M.,
seven (7) days per week.
3.
As may be appropriate the utility shall institute
additional voluntary conservation measures
such as reclaiming of backwash water,
improving and accelerating leak detection
surveys and repair programs, installing and
calibrating meters, and stabilizing and
equalizing system pressures.
D.
Water used for power
Power Production Use
production shall be voluntarily reduced.
E.
Commercial and Industrial Process Use
1.
Commercial car washes shall be restricted as
follows:
a.
For washes servicing passenger vehicles
and mobile equipment weighing less than
ten thousand (10,000) pounds,
i.
2-45
use in excess of seventy-five (75)
gallons per wash shall be
prohibited. And:
ii.
b.
Use equal to or less than seventyfive (75) gallons per wash shall be
voluntarily reduced.
For washes servicing mobile equipment
weighing ten thousand (10,000) pounds or
more,
i.
use in excess of one hundred fifty
(150) gallons per wash shall be
prohibited. And:
ii.
Use equal to or less than one
hundred fifty (150) gallons per wash
shall be voluntarily reduced.
2.
Water used for commercial and industrial
processes shall be voluntarily reduced.
3.
Water use for cleaning, adjusting and repair of
irrigation systems by a licensed person or entity
shall be restricted as follows:
a.
projects one (1) irrigated acre or greater in
size shall be limited to one hour per acre
per week.
b.
projects less than one (1) irrigated acre in
size shall be limited to ten (10) minutes
per zone per week.
2-46
F.
4.
Water use for pesticide application under the
supervision of a licensed pest control operator
shall be voluntarily reduced.
Under the
provisions of this subparagraph, the applicator
must be on the premises when water is applied
outside of the hours allowed for irrigation.
5.
Water use for well development under the
supervision of a licensed well contractor shall be
voluntarily reduced.
6.
Water use for mobile equipment washing by a
licensed person or entity shall be voluntarily
reduced.
Diversion and Impoundment into Non-District
Facilities Water
used
for
diversion
and
impoundment into non-District facilities shall be
voluntarily reduced.
2.5.3.2
Agriculture
A.
Agricultural Use
1.
Overhead irrigation shall be restricted to the
hours of 2:00 P.M. to 10:00 A.M.
2.
Low-volume irrigation hours shall not be
restricted.
3.
All irrigation systems shall be operated in a
manner that will maximize the percentage of
water withdrawn and held, which is placed in the
2-47
root zone of the crop and will minimize the
amount of water which is withdrawn and
released or lost to the user but is not
immediately available for other users.
4.
Users having access to more than one source
class shall maximize the use of the lesser or
least restricted source class.
5.
Overhead irrigation for field grown citrus nursery
stock moisture stress reduction shall be allowed
daily for ten (10) minutes per irrigation zone
from 11:30 A.M. to 12:00 P.M. and from 1:30
P.M. to 2:00 P.M.
B.
Livestock Use Livestock
voluntarily reduced.
C.
Aquacultural water use shall
Aquacultural Use
be voluntarily reduced.
D.
Soil Flooding
E.
water
use
shall
be
1.
Soil flooding for vegetable seed planting, rice
planting, burning of sugarcane prior to harvest
and to permit harvesting of sod shall be
voluntarily reduced.
2.
Soil flooding for all other purposes shall be
prohibited.
Water
use
for
freeze
Freeze Protection
protection shall be restricted to situations in which
2-48
official weather forecasting services predict
temperatures likely to cause permanent damage to
crops.
History Note:
Amended 6-28-94.
Nursery/Urban Irrigation/Recreation
2.5.3.3
A.
Nursery Use
1.
Low-volume irrigation uses and low-volume
hand watering shall be voluntarily reduced.
2.
Overhead irrigation uses shall be restricted as
follows:
3.
a.
Inside
8:00 A.M. to 8:00 P.M., seven
(7) days per week.
b.
Outside
7:00 P.M. to 7:00 A.M., on
odd numbered days.
c.
Overhead irrigation for containerized
nursery stock moisture stress reduction
on stock grown in containers up to and
including one (1) gallon in size shall be
allowed daily for ten (10) minutes per
irrigation zone from 11:30 A.M. to 12:00
P.M., 1:30 P.M. to 2:00 P.M. and 3:30
P.M. to 4:00 P.M.
Flood irrigation systems shall be restricted to six
(6) days per month.
2-49
B.
Landscape Irrigation - New Installation
1.
C.
For installations which have been in place for
less than thirty (30) days. And:
a.
Less than five (5) irrigated acres in size,
water use for irrigation shall be restricted
to the hours of 2:00 A.M. to 8:00 A.M.,
Monday, Wednesday, Thursday and
Friday.
b.
Five (5) irrigated acres or greater in size,
water use for irrigation shall be restricted
to the hours of 12:01 A.M. to 8:00 A.M.,
Monday, Wednesday, Thursday and
Friday.
2.
Low-volume irrigation and low-volume hand
watering of new landscaping shall be voluntarily
reduced.
3.
Cleaning and adjusting of new irrigation
systems shall be restricted to ten (10) minutes
per zone on a one (1) time basis.
Landscape Irrigation - Existing Installation
1.
For existing installations less than five (5)
irrigated acres in size, water use for irrigation
shall be restricted to the hours from 4:00 A.M. to
8:00 A.M. for all types of irrigation, except low
volume irrigation, and 5:00 P.M. to 7:00 P.M. for
low volume hand watering only, two (2) days per
2-50
week.
2.
D.
a.
Installations with odd addresses shall be
permitted to irrigate on Wednesday and
Saturday.
b.
Installations with even addresses or no
address shall be permitted to irrigate on
Thursday and Sunday.
For existing installations five (5) irrigated acres
or greater in size, water use for irrigation shall
be restricted to the hours from 12:01 A.M. to
8:00 A.M., two (2) days per week.
a.
Installations with odd addresses shall be
permitted to irrigate on Wednesday and
Saturday.
b.
Installations with even addresses or no
address shall be permitted to irrigate on
Thursday and Sunday.
3.
Water use for cleaning, adjusting and repair or
existing irrigation systems shall be limited to ten
(10) minutes per zone per week.
4.
Low volume irrigation uses shall be voluntarily
reduced.
Recreation Area Use
1.
Landscape irrigation for new and existing
2-51
recreation areas shall be restricted to the hours
prescribed for new and existing landscape in
paragraphs 2.5.3.3(B) and (C) respectively.
E.
2.
Irrigation of seeded and/or sprigged recreation
areas that have been in place for less than thirty
(30) days shall be allowed daily for five (5)
minutes per irrigation zone from 11:30 A.M. to
12:00 P.M., 1:30 P.M. to 2:00 P.M. and 3:30
P.M. to 4:00 P.M.
3.
Watering of pervious non-vegetated recreational
/ sporting surfaces shall be restricted to ten (10)
minutes of application prior to each recreational
/ sporting event. Low volume watering shall be
used.
Golf Course Use
1.
Irrigation of greens and tees shall be voluntarily
reduced and shall be accomplished during nondaylight hours.
2.
Irrigation of fairways, roughs and non-playing
areas on the first nine (9) holes of the course
shall be restricted to the hours of 12:01 A.M. to
8:00 A.M., Wednesday and Saturday.
3.
Irrigation of fairways, roughs and non-playing
areas on the last nine (9) holes of the course
shall be restricted to the hours of 12:01 A.M. to
8:00 A.M., Thursday and Sunday.
2-52
4.
F.
Irrigation of seeded and / or sprigged areas that
have been in place for less than thirty (30) days
shall be allowed daily for five (5) minutes per
irrigation zone from 11:30 A.M. to 12:00 P.M.,
1:30 P.M. to 2:00 P.M. and 3:30 P.M. to 4:00
P.M.
Water Based Recreation Use
1.
Water based recreation water use shall be
voluntarily reduced.
2.
Draining of facilities into sewers or onto
impervious surfaces shall be prohibited.
3.
History Note:
Existing facilities shall not be refilled except for
makeup water, unless the facility is leaking
more than one (1) inch of water a day. If a
facility is leaking more than one (1) inch of water
a day and is in need of repair, it may be drained
onto
pervious surface for repairs and
subsequently refilled.
Amended 6-28-94.
2.5.3.4
Miscellaneous
A.
The use of
Cooling and Air Conditioning Use
water for cooling and air conditioning shall be
restricted to that amount of water necessary to
maintain a minimum temperature of seventy-eight (78)
degrees Fahrenheit.
B.
Dewatering Use Dewatering discharge of fresh water
2-53
to tide shall be prohibited.
C.
D.
Other Outside Uses
1.
Washing or cleaning streets, driveways,
sidewalks, or other impervious areas with water
shall be prohibited.
2.
Mobile equipment washing with water shall be
restricted to the hours and days prescribed for
existing landscape irrigation in 2.5.3.3(C) using
only low-volume mobile equipment washing
methods and shall be conducted over a
pervious surface or in an area that immediately
drains to a pervious surface. Rinsing and
flushing of boats after saltwater use shall be
limited to fifteen (15) minutes once a day for
each boat.
3.
Outside pressure cleaning shall be restricted to
only low-volume pressure cleaning, seven (7)
days per week.
4.
Washing boats that serve as a primary
residence shall be restricted to the hours and
days prescribed for existing landscape irrigation
in paragraph 2.5.3.3(C)1. Boats with an odd
slip number shall be permitted to be washed on
Wednesday and Saturday. Boats with an even
slip number or no slip number shall be permitted
to be washed on , Thursday and Sunday.
Aesthetic Use
2-54
1.
Non-recirculating outside aesthetic uses of
water shall be prohibited.
2.
Water use for outside aesthetic purposes by
facilities that recirculate water shall be
voluntarily reduced and must meet the following
criteria:
3.
History Note:
a.
Draining of water from outside aesthetic
facilities into sewers or onto impervious
surfaces is prohibited.
b.
Outside aesthetic facilities shall not be
operated when wind conditions cause
water to be lost from the recirculating
capacity of the facility.
c.
Outside aesthetic facilities that leak water
shall not be operated.
d.
Outside aesthetic facilities that lose water
due to an overflow shall not be operated.
Inside aesthetic uses of water shall be
voluntarily reduced.
Amended 6-28-94.
The
following
2.5.4 Phase III - Extreme Water Shortage
restrictions shall apply when a Phase III shortage is declared by the
District.
2.5.4.1
Essential/Domestic/Utility/Commercial
2-55
A.
B.
C.
Essential Use
1.
The use of water for fire fighting, safety,
sanitation, health and medical purposes and
other essential uses shall not be restricted.
2.
Fire hydrant flushing shall be undertaken only
on an emergency basis.
3.
Sanitary sewer line flushing and testing shall not
be restricted except on a voluntary basis.
Domestic Type Use
1.
Residential type domestic use shall be
voluntarily reduced to forty (40) gallons per
person per day.
2.
Domestic type use in industrial and commercial
establishments shall be voluntarily reduced.
Water Utility Use
1.
Initial pressure at the point of use (meter) shall
be reduced to levels no greater than forty-five
(45) pounds per square inch. Voluntary initial
pressure reductions below 45 psi shall be made
consistent with the utility's ability to maintain
adequate service and fire flow pressures. Upon
reduction of pressure, the utility shall notify the
appropriate fire fighting agencies and make
arrangements for direct communication when
2-56
additional pressure is required.
2.
New water line flushing and disinfection shall be
restricted to the hours of 7:00 P.M. to 7:00 A.M.,
seven (7) days per week.
3.
As may be appropriate, the utility shall institute
additional voluntary conservation measures
such as reclaiming of backwash water,
improving and accelerating leak detection
surveys and repair programs, installing and
calibrating meters, and stabilizing and
equalizing system pressures.
D.
Water used for power
Power Production Use
production shall be voluntarily reduced.
E.
Commercial and Industrial Process Use
1.
Commercial car washes shall be restricted as
follows:
a.
For washes servicing passenger vehicles
and mobile equipment weighing less than
ten thousand (10,000) pounds,
i.
use in excess of seventy-five (75)
gallons per wash shall be
prohibited.
ii.
Use equal to or less than seventyfive (75) gallons but more than 50
gallons per wash shall be restricted
2-57
to the hours of 8:00 A.M. through
3:00 P.M. And:
iii.
b.
Use equal to or less than fifty (50)
gallons per wash shall be voluntarily
reduced.
For washes servicing mobile equipment
weighing ten thousand (10,000) pounds or
more,
i.
use in excess of one hundred fifty
(150) gallons per wash shall be
prohibited.
ii.
Use equal to or less than one
hundred fifty (150) gallons but more
than 100 gallons per wash shall be
restricted to the hours of 8:00 A.M.
through 3:00 P.M. And:
iii.
Use equal to or less than one
hundred (100) gallons per wash
shall be voluntarily reduced.
2.
Water used for commercial and industrial
processes shall be voluntarily reduced.
3.
Water use for cleaning, adjusting and repair of
irrigation systems by a licensed person or entity
shall be restricted as follows:
a.
projects one (1) irrigated acre or greater in
2-58
size shall be limited to one hour per acre
per week.
b.
projects less than one (1) irrigated acre in
size shall be limited to ten (10) minutes
per zone per week.
4.
Water use for pesticide application under the
supervision of a licensed pest control operator
shall be voluntarily reduced.
Under the
provisions of this subparagraph, the applicator
must be on the premises when water is applied
outside of the hours allowed for irrigation.
5.
Water use for well development under the
supervision of a licensed well contractor shall be
voluntarily reduced.
6.
Water use for mobile equipment washing by a
licensed person or entity shall be voluntarily
reduced.
F.
Diversion and Impoundment into Non-District
Facilities Water
used
for
diversion
and
impoundment into non-District facilities shall be
voluntarily reduced.
History Note:
Amended 6-28-94.
2.5.4.2
Agriculture
A.
Agricultural Use
1.
Overhead irrigation shall be restricted to the
2-59
hours of 7:00 P.M. to 7:00 A.M.
2.
Low-volume irrigation hours shall not be
restricted.
3.
All irrigation systems shall be operated in a
manner that will maximize the percentage of
water withdrawn and held, which is placed in the
root zone of the crop and will minimize the
amount of water which is withdrawn and
released or lost to the user but is not
immediately available for other users.
4.
Users having access to more than one (1)
source class shall maximize the use of the
lesser or least restricted source class.
5.
Withdrawals by each user from each source
class in each month shall be limited to an
amount that represents each user's share of the
total allocation for agricultural irrigation made by
the District from that source for that month and
in that basin.
The District's allocation for
agricultural irrigation will be determined based
on its evaluation of the supply capabilities of the
source class, the supply capabilities of other
source classes available in the area, the needs
of agriculture and all other users in the area and
the District's overall management strategy for
handling
the
uncertainties
of
future
climatological events. The share of the total
agricultural irrigation allocation available to each
user will be based on any prioritization among
2-60
crops the District establishes based on
economic loss and equity considerations. Also
the acreage and quantity of withdrawals for
which the user has been permitted and the
acreage and quantity of withdrawals for which
the Tribe has addressed in the Work Plan.
6.
Overhead irrigation for field grown citrus nursery
stock moisture stress reduction shall be allowed
daily for ten (10) minutes per irrigation zone
from 11:30 A.M. to 12:00 P.M., 1:30 P.M. to
2:00 P.M. and 3:30 P.M. to 4:00 P.M.
B.
Livestock Use Livestock
voluntarily reduced.
C.
Aquacultural water use shall
Aquacultural Use
be voluntarily reduced.
D.
Soil Flooding
E.
water
use
shall
be
1.
Soil flooding for vegetable seed planting, rice
planting, burning of sugarcane prior to harvest
and to permit harvesting of sod shall be
voluntarily reduced.
2.
Soil flooding for all other purposes shall be
prohibited.
Water
use
for
freeze
Freeze Protection
protection shall be restricted to situations in which
official weather forecasting services predict
temperatures likely to cause permanent damage to
2-61
crops.
History Note:
Amended 6-28-94.
Nursery/Urban Irrigation/Recreation
2.5.4.3
A.
Nursery Use
1.
Low-volume irrigation uses and low-volume
hand watering shall be voluntarily reduced.
2.
Overhead irrigation uses shall be restricted as
follows:
3.
B.
a.
Inside
8:00 A.M. to 8:00 P.M., on
odd numbered days.
b.
Outside
12:01 A.M. to 7:00 A.M., on
odd numbered days.
c.
Outside
overhead
irrigation
for
containerized nursery stock moisture
stress reduction on stock grown in
containers up to and including one (1)
gallon in size shall be allowed daily for ten
(10) minutes per irrigation zone from
11:30 A.M. to 12:00 P.M., 1:30 P.M. to
2:00 P.M. and 3:30 P.M. to 4:00 P.M.
Flood irrigation systems shall be restricted to
four (4) days per month.
Landscape Irrigation - New Installation
2-62
1.
C.
For installations which have been in place for
less than thirty (30) days. And:
a.
Less than five (5) irrigated acres in size,
water use for irrigation shall be restricted
to the hours of 2:00 A.M. to 7:00 A.M.,
Monday, Wednesday and Friday.
b.
Five (5) irrigated acres or greater in size,
water use for irrigation shall be restricted
to the hours of 12:01 A.M. to 7:00 A.M.,
Monday, Wednesday and Friday.
2.
Low-volume irrigation and low-volume hand
watering of new landscaping shall be voluntarily
reduced.
3.
Cleaning and adjusting of new irrigation
systems shall be restricted to ten (10) minutes
per zone on a one (1) time basis.
Landscape Irrigation - Existing Installation
1.
For existing installations less than five (5)
irrigated acres in size, water use for irrigation
shall be restricted to the hours from 4:00 A.M. to
7:00 A.M. for all types of irrigation, except low
volume irrigation, and 5:00 P.M. to 7:00 P.M. for
low volume hand watering only, one (1) day per
week.
a.
Installations with odd addresses shall be
permitted to irrigate on Saturday.
2-63
b.
2.
D.
Installations with even addresses or no
address shall be permitted to irrigate on
Sunday.
For existing installations five (5) irrigated acres
or greater in size, water use for irrigation shall
be restricted to the hours from 12:01 A.M. to
7:00 A.M., one (1) day per week.
a.
Installations with odd addresses shall be
permitted to irrigate on Saturday.
b.
Installations with even addresses or no
address shall be permitted to irrigate on
Sunday.
3.
Water use for cleaning, adjusting and repair or
existing irrigation systems shall be limited to ten
(10) minutes per zone per week.
4.
Low volume irrigation uses shall be voluntarily
reduced.
Recreation Area Use
1.
Landscape irrigation for new and existing
recreation areas shall be restricted to the hours
prescribed for new and existing landscape in
paragraphs 2.5.4.3(B) and (C) respectively.
2.
Watering of pervious non-vegetated recreational
/ sporting surfaces shall be restricted to ten (10)
2-64
minutes of application prior to each recreational
/ sporting event. Low volume watering shall be
used.
E.
F.
Golf Course Use
1.
Irrigation of greens shall be voluntarily reduced
and shall be accomplished during non-daylight
hours.
2.
Irrigation of tees shall be restricted to nondaylight hours three (3) days per week. The
front nine (9) holes shall be restricted to
Monday, Wednesday and Saturday and the
back nine (9) holes shall be restricted to
Tuesday, Thursday and Sunday.
3.
Irrigation of fairways, roughs and non-playing
areas on the first nine (9) holes of the course
shall be restricted to the hours of 12:01 A.M. to
7:00 A.M., on Saturday.
4.
Irrigation of fairways, roughs and non-playing
areas on the last nine (9) holes of the course
shall be restricted to the hours of 12:01 A.M. to
7:00 A.M., on Sunday.
Water Based Recreation Use
1.
Water based recreation water use shall be
voluntarily reduced.
2.
Draining of facilities into sewers or onto
2-65
impervious surfaces shall be prohibited.
3.
History Note:
Existing facilities shall not be refilled except for
makeup water, unless the facility is leaking
more than one (1) inch of water a day. If a
facility is leaking more than one (1) inch of water
a day and is in need of repair, it may be drained
onto a
pervious surface for repairs and
subsequently refilled.
Amended 6-28-94.
2-66
Miscellaneous
2.5.4.4
A.
The use of
Cooling and Air Conditioning Use
water for cooling and air conditioning shall be
restricted to that amount of water necessary to
maintain a minimum temperature of seventy-eight (78)
degrees Fahrenheit.
B.
Dewatering Use Dewatering discharge of fresh water
to tide shall be prohibited.
C.
Other Outside Uses
1.
Washing or cleaning streets, driveways,
sidewalks, or other impervious areas with water
shall be prohibited.
2.
Mobile equipment washing with water shall be
restricted to the hours and days prescribed for
existing landscape irrigation in 2.5.4.3(C) using
only low-volume mobile equipment washing
methods and shall be conducted over a
pervious surface or in an area that immediately
drains to a pervious surface. Rinsing and
flushing of boats after saltwater use shall be
limited to fifteen (15) minutes once a day for
each boat.
3.
Outside pressure cleaning shall be restricted to
only low-volume pressure cleaning, Monday
through Friday.
4.
Washing boats that serve as a primary
2-67
residence shall be restricted to the hours and
days prescribed for existing landscape irrigation
in paragraph 2.5.4.3(C)1. Boats with an odd
slip number shall be permitted to be washed on
Saturday. Boats with an even slip number or no
slip number shall be permitted to be washed on
Sunday.
D.
Aesthetic Use
1.
Outside aesthetic uses of water shall be
prohibited.
2.
Inside aesthetic uses of water shall be
prohibited.
Amended 6-28-94.
History Note:
The
following
2.5.5 Phase IV - Critical Water Shortage
restrictions shall apply when a Phase IV shortage is declared by the
District.
Essential/Domestic/Utility/Commercial
2.5.5.1
A.
Essential Use
1.
The use of water for fire fighting, safety,
sanitation, health and medical purposes and
other essential uses shall not be restricted.
2.
Fire hydrant flushing shall be undertaken only
on an emergency basis.
2-68
3.
B.
C.
Sanitary sewer line flushing and testing shall not
be restricted except on a voluntary basis.
Domestic Type Use
1.
Residential type domestic use shall be
voluntarily reduced to thirty (30) gallons per
person per day.
2.
Domestic type use in industrial and commercial
establishments shall be voluntarily reduced to
the minimum levels necessary to preserve
public health and safety.
Water Utility Use
1.
Initial pressure at the point of use (meter) shall
be reduced to levels no greater than forty-five
(45) pounds per square inch. Voluntary initial
pressure reductions below 45 psi shall be made
consistent with the utility's ability to maintain
adequate service and fire flow pressures. Upon
reduction of pressure, the utility shall notify the
appropriate fire fighting agencies and make
arrangements for direct communication when
additional pressure is required.
2.
New water line flushing and disinfection shall be
restricted to the hours of 7:00 P.M. to 7:00 A.M.,
seven (7) days per week.
3.
As may be appropriate, the utility shall institute
additional voluntary conservation measures
2-69
such as reclaiming of backwash water,
improving and accelerating leak detection
surveys and repair programs, installing and
calibrating meters, and stabilizing and
equalizing system pressures.
D.
Water used for power
Power Production Use
production shall be voluntarily reduced.
E.
Commercial and Industrial Process Use
1.
Commercial car washes shall be restricted as
follows:
a.
b.
For washes servicing passenger vehicles
and mobile equipment weighing less than
ten thousand (10,000) pounds,
i.
use in excess of seventy-five (75)
gallons per wash shall be
prohibited.
ii.
Use equal to or less than seventyfive (75) gallons but more than 50
gallons per wash shall be restricted
to the hours of 8:00 A.M. through
3:00 P.M. And:
iii.
Use equal to or less than fifty (50)
gallons per wash shall be voluntarily
reduced.
For washes servicing mobile equipment
2-70
weighing ten thousand (10,000) pounds or
more,
i.
use in excess of one hundred fifty
(150) gallons per wash shall be
prohibited.
ii.
Use equal to or less than one
hundred fifty (150) gallons but more
than one hundred (100) gallons per
wash shall be restricted to the hours
of 8:00 A.M. through 3:00 P.M.
And:
iii.
Use equal to or less than one
hundred (100) gallons per wash
shall be voluntarily reduced.
2.
Water used for commercial and industrial
processes shall be voluntarily reduced.
3.
Water use for cleaning, adjusting and repair of
irrigation systems by a licensed person or entity
shall be restricted as follows:
a.
projects one (1) irrigated acre or greater in
size shall be limited to one (1) hour per
acre per week.
b.
projects less than one (1) irrigated acre in
size shall be limited to ten (10) minutes
per zone per week.
2-71
4.
Water use for pesticide application under the
supervision of a licensed pest control operator
shall be voluntarily reduced.
Under the
provisions of this subparagraph, the applicator
must be on the premises when water is applied
outside of the hours allowed for irrigation.
5.
Water use for well development under the
supervision of a licensed well contractor shall be
voluntarily reduced.
6.
Water use for mobile equipment washing by a
licensed person or entity shall be voluntarily
reduced.
F.
Diversion and Impoundment into Non-District
Facilities Water
used
for
diversion
and
impoundment into non-District facilities shall be
voluntarily reduced.
History Note:
Amended 6-28-94.
2.5.5.2
Agriculture
A.
Agricultural Use
1.
Overhead irrigation shall be restricted to the
hours of 7:00 P.M. to 7:00 A.M.
2.
Low-volume irrigation hours shall not be
restricted.
3.
All irrigation systems shall be operated in a
manner that will maximize the percentage of
2-72
water withdrawn and held, which is placed in the
root zone of the crop and will minimize the
amount of water which is withdrawn and
released or lost to the user but is not
immediately available for other users.
4.
Users having access to more than one source
class shall maximize the use of the lesser or
least restricted source class.
5.
Withdrawals by each user from each source
class in each month shall be limited to an
amount that represents each user's share of the
total allocation for agricultural irrigation made by
the District from that source for that month and
in that basin.
The District's allocation for
agricultural irrigation will be determined based
on its evaluation of the supply capabilities of the
source class, the supply capabilities of other
source classes available in the area, the needs
of agriculture and all other users in the area and
the District's overall management strategy for
handling
the
uncertainties
of
future
climatological events. The share of the total
agricultural irrigation allocation available to each
user will be based on any prioritization among
crops the District establishes based on
economic loss and equity considerations. Also
the acreage and quantity of withdrawals for
which the user has been permitted and the
acreage and quantity of withdrawals for which
the Tribe has addressed in the Work Plan.
2-73
6.
Overhead irrigation for field grown citrus nursery
stock moisture stress reduction shall be allowed
daily for ten (10) minutes per irrigation zone
from 11:30 A.M. to 12:00 P.M., 1:30 P.M. to
2:00 P.M. and 3:30 P.M. to 4:00 P.M.
B.
Livestock Use Livestock
voluntarily reduced.
water
use
shall
be
C.
Aquacultural water use shall
Aquacultural Use
be voluntarily reduced.
D.
Soil Flooding
1.
Soil flooding for vegetable seed planting, rice
planting, burning of sugarcane prior to harvest
and to permit harvesting of sod shall be
voluntarily reduced.
2.
Soil flooding for all other purposes shall be
prohibited.
Water
use
for
freeze
Freeze Protection
protection shall be restricted to situations in which
official weather forecasting services predict
temperatures likely to cause permanent damage to
crops.
History Note:
Amended 6-28-94.
E.
2.5.5.3
A.
Nursery/Urban Irrigation/Recreation
Nursery Use
2-74
1.
Low-volume irrigation uses and low-volume
hand watering shall be voluntarily reduced.
2.
Overhead irrigation uses shall be restricted as
follows:
3.
B.
a.
Inside
8:00 A.M. to 4:00 P.M., on
odd numbered days.
b.
Outside
2:00 A.M. to 7:00 A.M., on
odd numbered days.
c.
Outside
overhead
irrigation
for
containerized nursery stock moisture
stress reduction on stock grown in
containers up to and including one (1)
gallon in size shall be allowed daily for ten
(10) minutes per irrigation zone from
11:30 A.M. to 12:00 P.M., 1:30 P.M. to
2:00 P.M. and 3:30 P.M. to 4:00 P.M.
Flood irrigation systems shall be restricted to
two (2) days per month.
Landscape Irrigation - New Installation
1.
For installations which have been in place for
less than thirty (30) days. And:
a.
Less than five (5) irrigated acres in size,
water use for irrigation shall be restricted
to the hours of 6:00 A.M. to 7:00 A.M.,
Saturday
2-75
b.
C.
Five (5) irrigated acres or greater in size,
water use for irrigation shall be restricted
to the hours of 4:00 A.M. to 7:00 A.M.,
Saturday.
2.
Low-volume irrigation and low-volume hand
watering of new landscaping shall be restricted
to Monday, Wednesday and Friday.
3.
Cleaning and adjusting of
systems shall be prohibited.
new
irrigation
Landscape Irrigation - Existing Installation
1.
2.
For existing installations less than five (5)
irrigated acres in size, water use for irrigation
shall be restricted to the hours from 6:00 A.M. to
7:00 A.M. for all types of irrigation, except low
volume irrigation, and 5:00 P.M. to 7:00 P.M. for
low volume hand watering only, one (1) day per
week.
a.
Installations with odd addresses shall be
permitted to irrigate on Saturday.
b.
Installations with even addresses or no
address shall be permitted to irrigate on
Sunday.
For existing installations five (5) irrigated acres
or greater in size, water use for irrigation shall
be restricted to the hours from 4:00 A.M. to 7:00
2-76
A.M., one (1) day per week.
3.
D.
E.
a.
Installations with odd addresses shall be
permitted to irrigate on Saturday.
b.
Installations with even addresses or no
address shall be permitted to irrigate on
Sunday.
Low volume irrigation uses shall be restricted to
Monday, Wednesday and Friday.
Recreation Area Use
1.
Landscape irrigation for new and existing
recreation areas shall be restricted to the hours
prescribed for new and existing landscape in
paragraphs 2.5.5.3(B) and (C) respectively.
2.
Watering of pervious non-vegetated recreational
/ sporting surfaces shall be restricted to ten (10)
minutes of application prior to each recreational
/ sporting event. Low volume watering shall be
used.
Golf Course Use
1.
Irrigation of greens shall be voluntarily reduced
and shall be accomplished during non-daylight
hours.
2.
Irrigation of tees shall be restricted to nondaylight hours one (1) day per week. The front
2-77
nine (9) holes shall be restricted to Saturday
and the back nine (9) holes shall be restricted to
Sunday.
F.
3.
Irrigation of fairways, roughs and non-playing
areas on the first nine (9) holes of the course
shall be restricted to the hours of 4:00 A.M. to
7:00 A.M., on Saturday.
4.
Irrigation of fairways, roughs and non-playing
areas on the last nine (9) holes of the course
shall be restricted to the hours of 4:00 A.M. to
7:00 A.M., on Sunday.
Water Based Recreation Use
1.
Draining of facilities into sewers or onto
impervious surfaces shall be prohibited.
2.
Filling of new or existing facilities shall be
prohibited.
3.
History Note:
Use of makeup water shall be prohibited.
Amended 6-28-94.
2.5.5.4
Miscellaneous
A.
Cooling and Air Conditioning Use
1.
The use of water for cooling and air conditioning
shall be restricted to that amount of water
necessary to maintain a minimum temperature
of seventy-eight (78) degrees Fahrenheit.
2-78
2.
Cooling and air conditioning systems shall not
discharge water to tide.
3.
Reuse of water shall be required.
B.
Dewatering Use Dewatering discharge of fresh water
to tide shall be prohibited.
C.
Other Outside Uses
1.
Washing or cleaning streets, driveways,
sidewalks, or other impervious areas with water
shall be prohibited.
2.
Mobile equipment washing with water shall be
restricted to the hours and days prescribed for
existing landscape irrigation in 2.5.5.3(C) using
only low-volume mobile equipment washing
methods and shall be conducted over a
pervious surface or in an area that immediately
drains to a pervious surface. Rinsing and
flushing of boats after saltwater use shall be
limited to fifteen (15) minutes once a day for
each boat.
3.
Outside pressure cleaning shall be restricted to
only low-volume pressure cleaning, Monday
and Wednesday.
4.
Washing boats that serve as a primary
residence shall be restricted to the hours and
days prescribed for existing landscape irrigation
2-79
in paragraph 2.5.5.3(C)1. Boats with an odd
slip number shall be permitted to be washed on
Saturday. Boats with an even slip number or no
slip number shall be permitted to be washed on
Sunday.
D.
Aesthetic Use
1.
Outside aesthetic uses of water shall be
prohibited.
2.
Inside aesthetic uses of water shall be
prohibited.
History Note:
Amended 6-28-94.
2.6
THE CLASSIFICATION SYSTEM
2.6.1 Classification System Unless the emergency provisions of Part
2.3 are invoked, water users are regulated by class under the provisions
of this water shortage plan. The sections of this Part establish he
classification system which provides the basis for distinguishing among
different user classes. Under the system, each water user is classified
according to source, use and method of withdrawal.
2.6.2 Source Classes Source classes are generally divided into
surface water use basins and groundwater sources. A water user may
be assigned any combination of both surface water use basin and
groundwater source classes.
Surface Water Use Basins Surface
waters
2.6.2.1
are classified by surface water use basin. The surface water use
basins are grouped by region as follows (See Figure 2-1):
2-80
A.
Water Conservation Area / Everglades National
Park (See Figure 2-2) The surface water use basins
in this area are directly supplied with surface water
from the Water Conservation Areas and Everglades
National Park. The following surface water use basin
is included in the area:
1.
B.
C.
Everglades
The water
Lower East Coast (See Figure 2-3)
use basins in this area are directly supplied with
surface water from the Water Conservation Areas or
the M Canal. The following surface water use basins
are included in the area:
1.
Water Conservation Area 2 Water Use Basin.
2.
Water Conservation Area 3 Water Use Basin.
The surface
Lake Okeechobee (See Figure 2-4)
water use basins in this area are directly supplied with
surface water from Lake Okeechobee. The following
surface water use basin is included in the area:
1.
D.
Water Conservation Areas /
National Park Water Use Basin.
Lakeshore Perimeter Water Use Basin.
The surface water
Indian Prairie (See Figure 2-5)
use basins in this are directly supplied with surface
water from Lake Istokpoga and Fisheating Creek or
associated surface water bodies.
The following
surface water use basins are included in the area:
2-81
E.
1.
Indian Prairie Water Use Basin.
2.
Fisheating Creek Water Use Basin.
The surface
Lower West Coast (See Figure 2-6)
water use basins in this area are directly supplied
from local surface waters. The following surface
water use basins are included in the area:
1.
Big Cypress Preserve Water Use Basin.
2.
Fakahatchee North Water Use Basin.
3.
History Note:
Fakahatchee South Water Use Basin.
Amended 6-28-94.
Ground Water Sources
Ground
water
2.6.2.2
sources are classified based on the available hydrologic
information, and the restricted area may include aquifers
underlying all or part of a county, municipality, surface water basin
or utility service area, as follows:
A.
waters
directly
Water Table Aquifers Ground
recharged by surface waters and rainfall are classified
according to the surface water use basin within which
they are located. The titles and boundaries described
in 2.6.2.1 shall apply.
B.
Confined and Semi-Confined Aquifers Ground
waters not directly recharged by surface waters and
rainfall are classified as follows:
1.
Potable Floridan Aquifer.
2-82
2.
Non-Potable Floridan Aquifer.
3.
Sandstone Aquifer.
4.
Upper Hawthorn Aquifer.
5.
Other artesian or leaky artesian aquifers.
C.
Figures 2-2 through 2-6 list the water table, confined
and semi-confined aquifers generally found within
each surface water use basin. Adjacent areas which
are supplied from a restricted ground water source
may also be included in the restricted area.
History Note:
Amended 6-28-94.
Each water user may be
2.6.3 Method of Withdrawal Classes
identified by one or more of the following methods of withdrawal
classes:
2.6.3.1
Surface waters:
A.
Pump.
B.
Gravity flow.
2.6.3.2
Ground waters:
A.
Artesian well.
B.
Pumped well.
C.
Infiltration gallery.
2-83
CHAPTER 3 -- CRITERIA FOR WATER USE
3.1 INTRODUCTION
The purpose of this Chapter is to identify the procedures and
information employed by the District to review the Work Plan.
The objective of the review is to insure that the Tribe
demonstrates that the use is a reasonable-beneficial use, that
such use will not interfere with any presently existing legal
use of water protected under the Compact and is consistent
with the Compact.
3.2
DEFINITIONS
3.2.1
Annual Withdrawal means the quantity of water for use
on a yearly basis.
3.2.2
Area of Influence means the area of land surrounding a
well or wellfield which may be impacted by the wellfield or, as
a consequence of regional gradients, a land area which may
impact the wellfield because groundwater flow under the land
area is towards the wellfield. The area of influence of a
wellfield may be determined on a case-by-case basis by
defining the drawdown induced by proposed withdrawals as
the boundaries of the area of influence.
3.2.3
Cone of Depression means the conical shape taken by
the potentiometric surface showing the variation of drawdown
with distance due to pumping from a well or wellfield within
its area of influence.
3-1
3.2.4
Conservation means the act of reducing water usage
through voluntary or mandatory altering of water use
practices and/or installation of low water use systems,
fixtures, and devices.
3.2.5
Current Pumpage means the quantity of water pumped
during the recent twelve (12) month period preceding the date
of Work Plan.
3.2.6
Daily Withdrawal means for agricultural use, the
maximum monthly supplemental requirement divided by thirty
(30) days.
3.2.7
Freshwater means an aqueous solution with a chloride
concentration equal to or less than tow hundred fifty (250)
milligrams per liter (mg/l).
3.2.8
Historical Maximum Daily Withdrawal means the
maximum quantity of water that was pumped on any one (1)
day during the current pumpage period.
3.2.9
Maximum Daily Withdrawal means the maximum
quantity of water which can be withdrawn on a daily basis.
Potential Yield means the amount of water that can be
3.2.10
withdrawn from a wellfield on an annual basis without
creating adverse impacts, including but not limited to, impacts
on the wellfield itself, adjacent uses protected under the
Compact, the environment protected under the Compact,
water bodies, land use, and water quality.
Saline Water means an aqueous solution with a chloride
3.2.11
concentration greater than 250 mg/l and less than that of
seawater.
Saline Water Interface means the saline water interface
3.2.12
is that hypothetical surface of chloride concentration between
3-2
freshwater and seawater where the chloride concentration is
250 mg/l at each point on the surface.
Seawater means an aqueous solution with a chloride
3.2.13
concentration equal to or greater than 19,000 mg/l.
Service Territory or Service Area means the geographical
3.2.14
region in which a water supplier has the ability and the legal
right to distribute water for use.
System Efficiency (Irrigation) means the ratio of the
3.2.15
volume of water utilized by a crop to the volume of water
applied.
Use Class means the use classes described in Chapter 2
3.2.16
- Water Shortage.
3.3
3.3.1
CRITERIA
General
Control Over Activities -- The Tribe must have legal
3.3.1.1
control over the activities or situations for which water use is
proposed in the Work Plan. This includes service areas for
public water supply, lands which they wish to irrigate, and
lands on which pumps or wells will be located.
Federal Agencies
-The Tribe must provide
3.3.1.2
information on necessary approvals from agencies such as
Environmental Protection Agency, and other Federal agencies
that have control over related activities.
Minimum Stages, Levels, and Flows -- Some withdrawals will
3.3.1.3
be subject to limitations because of minimum surface or groundwater
levels, in accordance with the requirements and objectives of the
Compact and Manual.
3-3
Environmental
-The administrative procedures used to
3.3.1.4
determine impacts are included in Chapter 1 of this Manual.
Evaluation of Water Needs
3.3.2
Agriculture
-For agricultural uses *excluding livestock),
3.3.2.1
supplemental crop irrigation requirements will be determined by using
the supplemental irrigation requirements per acre, as set forth under
3.3.2.1(b) and dividing by the system efficiencies, as set forth in
3.3.2.1(A). If the existing and/or proposed capacity is less than the
supplemental crop requirement divided by the system efficiency, then
the water need will be the existing and proposed capacity.
A.
System Efficiency
System
Method
Efficiency
Surface-gravity Seepage, furrow
50%
Semi-closed,closed pipe
50%
Crown flooding
50%
Sub-irrigation
50%
Sprinkler
Trickle
Sprinkler
Volume gun,
traveling gun
Overhead
75%
75%
75%
Drip
Spray jet
85%
85%
B.
Maximum Monthly Crop Requirements -- soil types for Tribal lands are
shown on Figures 3-1 to 3-4.
1.
Big Cypress Reservation (Inches per acre)
Soil Type
Alfalfa
3-4
.8
3.6
5.59
4.14
Avocado
3.27
Citrus
5.30
Grapes
3.48
Grass
4.37
Pasture
3.29
Sugarcane
5.31
Grain Corn
5.40
Sweet Corn
5.48
Potato
7.17
Small Vegetables
3.67
Tomato
4.96
2.
2.64
5.30
2.16
3.42
2.93
3.97
4.51
4.57
5.88
3.20
4.18
Brighton Reservation (Inches per acre)
Soil Type
.8
Alfalfa
5.83
Avocado
3.74
Citrus
5.30
Grapes
3.70
Grass
5.45
Pastures
3.40
Sugarcane
5.50
Grain Corn
5.58
Sweet corn
5.66
Potato
7.36
Small Vegetables
3.92
Tomato
5.14
1.5
3.6
5.28 4.83
3.41 3.01
5.30 5.30
3.16 2.58
4.163.74
3.08 2.69
4.954.27
5.174.72
5.25 4.79
6.82 6.31
3.59 3.18
4.78 4.33
3. Hollywood (Dania) Reservation (Inches per acre)
Soil Type
Alfalfa
Avocado
Citrus
Grapes
Grass
Pasture
Sugarcane
3-5
.2
6.83
4.32
5.30
4.55
5.44
3.22
6.39
0.4
3.6
6.61 4.90
4.13 2.68
5.30 5.30
4.35 2.88
5.233.68
3.05 1.88
6.184.52
Grain Corn
6.48
Sweet corn
6.57
Potato
8.42
Small Vegetables
4.61
Tomato
6.01
4.
6.264.60
6.35 4.67
8.17 6.27
4.41 2.94
5.80 4.18
Immokolee Lands (Inches per acre)
Soil Type
.8
Alfalfa
5.59
Avocado
3.27
Citrus
5.30
Grapes
3.48
Grass
4.37
Pasture
3.29
Sugarcane
5.31
Grain Corn
5.40
Sweet corn
5.48
Potato
7.17
Small Vegetables
3.67
Tomato
4.96
Public Water Supply (Potable) -- For potable water uses
3.3.2.2
potable demand shall be calculated by multiplying projected
population by the capita consumption.
A.
Per capita consumption will be determined using either:
1.
Historical average per capita daily water use calculated either by
dividing average daily water withdrawals by the most recent twelve
(12) months of pumpage data by the permanent resident population
for the same period of time, or by determining the per capita daily
water use, as described above, for each of the five (5) most recent
years and choosing the highest value. Or:
2.
If no historical use of water exists, a design per capita use based on
dwelling unit type, population characteristics, and comparison with
adjacent similar developments will be used.
3-6
B.
Maximum daily withdrawal will be determined by multiplying the
average daily allocation by an acceptable maximum daily to average
daily withdrawal ratio determined using either:
1.
Dividing the historical maximum daily withdrawal by the average
daily withdrawal for twelve (12) months of record or where several
years of pumpage records are available, determining the ratio for
each of the previous three (3) years and using the most suitable
ration. Or:
2.
For proposed developments, a ratio between 1.5 and 2.0 will be
used.
Industrial -- For industrial uses water demand shall be
3.3.2.3
based on the amount of water needed to perform an industrial
process in an efficient, non-wasteful and economic manner.
Mining (Dewatering) -- For mining (dewatering) water
3.3.2.4
demand shall be based on the amount of withdrawal required to
economically and effectively remove the material.
Livestock -- For livestock water uses, the water needs
3.3.2.5
will be determined by multiplying the estimated total number of
animals by gallons needed per day per animal. Usage by beef
cattle is twelve (12) gallons per day per head (gpd/head), usage for
dairy cattle is 35 gpd/head for drinking and 150 gpd/head for barn
use, usage by horses is 12 gpd/head.
Freeze Protection -3.3.2.6
protection will be evaluated when:
The water needed for freeze
A.
The Tribe makes a request.
B.
The Tribe is able to show through system design that the water can
be utilized.
C.
The application of water in the proposed manner will provide freeze
3-7
protection.
3-8
D.
The use of water is in agreement with the amount of water
necessary for freeze protection as commonly approved by the
District, or in agreement with the University of Florida, Institute of
Food and Agricultural Services. And
E.
The requested amount of water necessary for freeze protection
exceeds the water needed for irrigation. The use of water for
freeze protection will be subject to technical review as described
under 3.3.3.
3.3.3
Evaluation of Water Availability
General -- An evaluation of the water which can be
3.3.3.1
withdrawn without causing impacts on the resource, existing legal
uses protected under the Compact, or the environment, will be
performed on a case-by-case basis. However, where supporting
technical data is not submitted to the District for review, the criteria
in section 3.3.3 will be used. Available water shall be determined
using, but not limited to: Hydrological data, existing aquifer
performance testing, monitoring data, computer modeling, and
other techniques to determine the amount of water that can be
withdrawn without causing water level or potentiometric head
declines that would have one or more of the following
consequences:
A.
Impacts on Existing Legal Users -- Impacts on existing legal users
of water protected under the Compact, defined as a decrease of ten
percent (10%) or more in the withdrawal capability of an existing
legal use as protected under the Compact.
B.
Impacts on Tribal Wetlands -- Significant impacts on wetlands or
environmental features protected under this Compact. Significant
impacts to the environmental features shall be defined as potentially
occurring when a one (1) foot drawdown in the water table aquifer
is projected beneath the wetland: as determined by modeling
ninety (90) days of pumpage with no recharge to the aquifer.
Should the potential exist for significant impacts as established by
the above criteria and the withdrawal source cannot be moved, the
3-9
District may require that a monitoring program be initiated to
determine actual impacts. If the monitoring program indicates that
a one (1) foot drawdown occurs beneath the wetland and the
District discovers that there is potential for significant adverse
impact of the biological and hydrological function indicative of that
wetland type, then pumpages shall be reduced or terminated.
C.
Impacts on Saline Water -- Impact as a result of saline water
intrusion, defined as potentially occurring when a hydraulic head of
less than one (1) foot National Geodetic Vertical Datum (NGVD)
cannot be maintained between the withdrawal point and saline
water during the months of November through April; or where
monitoring within eight hundred (800) feet of a production well
reflects chloride concentration increases at the base of the aquifer,
indicating long term advancement of the saline front; or other
evidence showing saline water intrusion will be a serious threat to
the aquifer as a result of the withdrawal.
D.
-Impacts on aquifer
Impacts on Aquifer Contamination
contamination as a result of potential movement of contaminants in
the aquifer. Potential for movement shall be defined as occurring
when a 1.0 foot drawdown in the aquifer is projected beneath the
contaminant source; determined by modeling ninety (90) days of
pumpage assuming no recharge to the aquifer. More stringent
restrictions may be necessary as determined by the affected
contaminant source.
E.
Impacts on Non-Tribal Land Uses -- Impacts on existing land uses
protected under the Compact, on lands other than Reservations or
Tribal Trust Lands, such as land subsidence or collapse; significant
lowering of lake or wetland water levels; drainage of ponds and
other water bodies; or appreciable damage or destruction of
landscape and other vegetation. An appreciable impact on existing
water bodies is defined as a drawdown of water levels of 10% or
more as a direct result of lowering of water table elevations or
potentiometric levels.
Should the potential exist for significant impacts as determined by the
3-10
above criteria, and the withdrawal source cannot be moved, the
District may require that a monitoring program be initiated to
determine actual impacts. If the monitoring program indicates that
consequential drawdowns occur which may result in significant
adverse impacts on existing land uses protected under the Compact
then pumpages shall be reduced or terminated.
Special Provisions Applicable to Specified Reservation
3.3.3.2
and Tribal Trust Lands.
A.
Brighton Reservation --
1.
The District shall determine, to the degree possible, whether the
Tribe is getting its share of surface water, as specified in the
Compact from the District canals and from District borrow canals
calculated by the District on a monthly basis, and shall take the
necessary steps to provide solutions to the water supply problems.
The District shall:
i.
Examine operational criteria for District structures in the Indian
Prairie Basin to balance the available surface water in the northern
and southern areas of the system;
ii.
To the extent feasible, seek to eliminate structural bypasses in the
Indian Prairie Basin and uses of Indian Prairie Basin water by those
outside the basin by substituting an alternate source for such uses;
and
iii.
Cooperate with the Tribe to identify functional problems within the
Tribe's internal water supply system.
3-11
2.
The District shall investigate the feasibility of augmenting surface
water supplies in the Indian Prairie Basin. Such efforts could include,
but are not limited to, investigating the feasibility of:
i.
Installing a pump facility on the Istokpoga Canal;
ii.
Expanding the Lake Okeechobee Service Area to replenish the water
supply in the borrow canals in the Indian Prairie Basin; and
iii.
Modifying the regulation schedule of Lake Istokpoga.
3.
The District shall report its initial findings resulting from the
investigation undertaken pursuant to this section no later than
December 31, 1987. The District shall propose a plan of action to
fulfill requirements of this section no later than January 31, 1988
which shall be reasonably designed to assure that the Tribe will
receive its share of basin waters as specified in the Compact.
4.
If the above investigations do not result in the Tribe receiving fifteen
percent (15%) of the total amount of water which can be withdrawn
by all users from surface water in the Indian Prairie Basin as specified
in the Compact, then the District shall take such action as is necessary
to ensure that the requirements of the Compact are met.
3-12
CHAPTER 4 -- CRITERIA
MANAGEMENT SYSTEMS
WATER
4.2.5
Control Device: means an element of a
discharge structure which allows the gradual release of
water under controlled conditions. This is sometimes
referred to as the bleed-down mechanism, or "bleeder."
The objective of this Chapter is to identify the procedures and
information used by the District to review the Work Plan.
4.2.6
Control Elevation: means the lowest elevation
at which water can be released through the control device.
4.2
4.2.7
Creation: The establishment of new wetlands
by conversion of other land forms.
History Note: New 10-22-02
4.1
FOR
SURFACE
INTRODUCTION
DEFINITIONS
4.2.1
Appropriate and Practicable: is defined as
measures to offset unavoidable impacts that are appropriate to
the scope and degree of those impacts and practicable in
terms of cost, existing technology, and logistics and effects to
public safety in light of overall project purposes.
History Note: New 10-22-02
4.2.8
Detention: means the delay of storm water
runoff prior to discharge into receiving waters.
4.2.9
Detention Volume: means the volume of open
surface storage behind the discharge structure between the
overflow elevation and control elevation.
4.2.2
Buffer Zone: means an area adjacent to the
wetland which protects wetland functions and minimizes
adverse impacts of development on the wetland functions.
4.2.10
Discharge Structure: means a structural
device, usually of concrete, metal, timber, through which
water is discharged from a project to the receiving water.
4.2.3
Class I Landfill: means landfills which receive
solid waste, and which receive a monthly average of twenty
(20) tons or more of solid waste per day as weighed by scale,
if available, or fifty (50) cubic yards or more of solid waste per
day as measured in place after covering.
4.2.11
Ecological Value: The value of functions
performed by wetlands and other environmentally sensitive
areas. These functions include providing habitat for wildlife,
corridors for wildlife movement, food chain support,
groundwater recharge, water storage and flow attenuation,
and water quality enhancement.
History Note: New 10-22-02
4.2.4
Class II Landfill: means landfills which receive
solid waste, and which receive a monthly average of twenty
(20) tons or less of solid waste per day as weighted by scales,
if available, or less than fifty (50) cubic yards of solid waste per
day as measured in place after covering.
4.2.12
Elevation: means the height in feet above
mean sea level according to National Geodetic Vertical
1
Datum (NGVD).
or a combination thereof.
History Note: New 10-22-02
4.2.13
Endangered Species: Those animal species
and plant species which are listed as endangered in 50 Code
of Federal Regulations 17.12.
History Note: New 10-22-02
4.2.19
Mitigation Program: A Mitigation Program is
defined in this case as wetland, which may include
associated upland, restoration, creation, enhancement, and
in exceptional circumstances preservation undertaken
expressly for the purpose of compensating for unavoidable
wetland losses in advance of development actions, when
such compensation cannot be achieved at the development
site or would not be as environmentally beneficial. It typically
involves the consolidation of small, fragmented wetland
mitigation projects into one large contiguous site. Units of
restored, created, enhanced or preserved wetlands are
expressed as "functional units per acre" which may
subsequently be withdrawn to offset "debits of units" incurred
at a project development site. Ideally, mitigation programs are
developed and functioning in advance of development
impacts.
History Note: New 10-22-02
4.2.14
Enhancement: Improving the ecological value of
wetlands, which may include associated uplands that have
been degraded in comparison to their historic condition.
History Note: New 10-22-02
4.2.15
Historic Discharge: means the peak rate at
which runoff leaves a parcel of land by gravity in an
undisturbed/natural site condition, or the legally allowable
discharge at the time of plan submission.
4.2.16
Impervious: means land surfaces which do not
allow, or minimally allow, the penetration of water; included as
examples are building roofs, normal concrete and asphalt
pavements, and some fine grained soils such as clays.
4.2.20
Mitigation
Functional
Units
Acreage:
Represents the increase or decrease per acre of the
presence of function resulting from the mitigation or impact
activities.
History Note: New 10-22-02
4.2.17
Listed Species: Those animal species which
are endangered, threatened or of special concern, and those
plant species listed in 50 Code of Federal Regulation 17.12,
when such plants are found to be located in a wetland.
History Note: New 10-22-02
4.2.21
Overflow Elevation:
means the design
elevation of a discharge structure at which, or below which,
water is contained behind the structure, except for that which
leaks out, or bleeds out, through a control device down to the
control elevation.
4.2.18
Mitigation:
Mitigation is defined as the
replacement of the chemical, physical and biological functions
of wetlands which are lost as a result of adverse impacts
through compensation. Compensation for impacts usually
consists of restoration, enhancement, creation, preservation,
2
4.2.22
Protected Wetland: means wetland areas that
have been mitigated pursuant to the criteria established in
4.3.2.3, or set aside through project design, conservation, or
specified in the Compact for preservation, to ensure continued
biological and hydrologic function indicative of that wetland
type. Protection of wetlands may also include mitigation
necessary to fully compensate for wetland losses in a manner
that contributes to the long-term ecological functioning of the
Reservation within which the impact occurs.
History Note: Revised 10-22-02
storage area with a bottom elevation lower than one foot
above the control elevation of the area.
4.2.28
Threatened Species: Those animal species
and plant species which are listed as threatened in 50 Code
of Federal Regulations 17.12.
History Note: New 10-22-02
4.2.29
Water Management Areas: means areas to
be utilized for the conveyance or storage of storm water or
environmental preservation.
4.2.23
Preservation: The protection of wetlands,
which may include associated uplands, from adverse impacts
by inclusion in a mitigation area to be preserved.
History Note: New 10-22-02
4.2.30
Wetlands: means areas that are inundated by
surface or ground water with a frequency sufficient to
support, and under normal circumstances do or would
support, a prevalence of vegetative or aquatic life that
requires saturated or seasonally saturated soil conditions for
growth and reproduction. Wetlands generally include
swamps, marshes, bogs, and similar areas such as
sloughs, wet prairies, river overflows, mud flats, and natural
ponds.
4.2.24
Restoration: Converting to a historic condition
those wetlands, which may include associated uplands, which
currently exist as a land form which differs from the historic
condition.
History Note: New 10-22-02
4.2.25
Retention: means the prevention of storm
runoff from direct discharge into receiving waters; included as
examples are systems which discharge through percolation,
exfiltration, filtered bleed-down and evaporation processes.
4.2.26
Retention/Detention Area (Dry): means a water
storage area with a bottom elevation at least one foot above the
control elevation of the area. Included sumps, mosquito control
swales and other minor features may be at a lower elevation.
4.2.31
Wetland Assessment Methodology: The
assessment methodology for determining the functional
value of a wetland. An example of an assessment
methodology is the Wetland Rapid Assessment Procedure
(WRAP), September 1997, Technical Publication REG 001
and the Numeric Functional Assessment (NFA) based on the
joint State/Federal Mitigation Bank Review Team Process for
Florida, Operational Draft, October, 1998.
History Note: New 10-22-02
4.2.27
4.2.32
Retention/Detention Area (Wet): means a water
3
Wetland Delineation:
A determination
of the landward extent of wetlands, including isolated wetlands,
pursuant to the United States Army Corps of Engineers
Wetlands Delineation annual Technical Report Y-87-1. Nothing
herein is intended to expand or reduce the determination of the
landward extent of wetlands on the Reservations.
History Note: New 10-22-02
4.3
2.
Amounts
District permit actions. Or:
Canal
Frequency
4.3.1
General:
The administrative procedures
used to determine environmental impacts are included in
Chapter 1 of this Manual. Part 4.4 gives design information
generally used by the District for review of surface water
management systems which may be utilized by the Tribe to
meet the criteria of this Chapter.
Technical
4.3.2.1
Water Quantity
in
previous
3.
Amounts specified in District criteria
and set forth as follows:
CRITERIA
4.3.2
determined
Allowable Runoff
Design
C-40, C-41
35.4 Cubic Feet per second
10 Year
per square mile (CSM
L-28
11.8 CSM)
25 Year
Unless otherwise specified by previous District permits or
District criteria, a storm event of three (3) day duration and
twenty-five (25) year return frequency shall be used in
computing off-site discharge. Allowable discharges will be
designated by the District on a case-by-case basis upon
request.
A.
General: This subsection refers to flood and
drought frequency impacts interchangeably with rainfall
frequency. However, additional calculations may be necessary
to identify other combinations of site conditions and rainfall
frequencies which might result in impacts of the specified
frequency. Examples include designs affected by spring tides,
fluctuating tides and fluctuating receiving water stages.
C.
Flood Plain Encroachment: There shall be no
net encroachment into that floodplain which is encompassed
by the one hundred (100) year event, and which will
adversely affect the existing rights of others. Storage
volumes for purposes of compensation shall be calculated
based upon the loss of storage between the level of the one
hundred (100) year event and the average wet season water
table level.
B.
Discharge: Off-site discharge is limited to
amounts which will not cause additional adverse off-site
impacts. These amounts are:
D.
Overdrainage and Water Conservation
Systems shall be designed to attempt to:
1.
Historic discharges. Or:
4
1.
Maintain water table in existing District
permitted Public Water Supply wellfield cones of depression.
And:
B.
1.
Retention and/or detention in the
overall system, including swales, lakes, canals, greenways,
shall be provided for by satisfying one of the three (3)
following criteria or equivalent combinations thereof (Note:
Figure 4-1 can be utilized where the conditions can be met):
2.
Preserve site environmental values (see
section 1.2.3 and subsection 4.3.2.3 of this Manual). And:
3.
Maintain water tables no more than six
(6) feet below natural ground. And:
4.
a.
Wet detention volume shall
be provided for the first inch of runoff from the developed
project, or the total runoff of 2.5 inches times the
percentage of imperviousness, whichever is greater.
Not waste freshwater. And:
5.
Not lower water tables which would
adversely affect the rights of others as protected under the
Compact. And:
6.
characteristics.
b.
Dry detention volume shall
be provided equal to seventy-five percent (75%) of the
above amounts computed for wet detention.
Preserve site ground water recharge
c.
Retention volume shall be
provided equal to fifty percent (50%) of the above
amounts computed for wet detention. Retention volume
included in flood protection calculations requires a
demonstration of guarantees of long term operation and
maintenance of system bleed-down ability.
2.
Commercial or industrial areas
shall provide at least one-half (1/2) inch of dry detention
or retention pre-treatment as part of the required
retention/detention, unless reasonable assurances can
be offered that hazardous materials will not enter the
project's surface water management system. Such
assurances may include deed restrictions on sale
property occupancy, recorded lease agreements,
ordinances, licenses, engineered containment systems.
E.
Historic Basin Storage: Provision must be
made to replace or otherwise mitigate the loss of historic basin
storage provided by the project site.
F.
Off-Site Lands: On-site diversion swales, dikes,
may be necessary to allow the passage of drainage from offsite upland areas to downstream areas. Diking of project
development areas may be necessary to contain water at or
above stages identified in the project discharge computations.
4.3.2.2
Retention/Detention Criteria
Water Quality
A.
Standards: Projects shall be designed so that
discharges will meet State water quality standards.
5
3.
Systems with inlets in grassed areas will
be credited with up to 0.2 inches of the required wet detention
amount for the contributing areas. Full credit will be based on a
ratio of 10:1 impervious area runoff to pervious area with
proportional credit granted for greater ratios.
deducted
from
site
areas
pervious/impervious calculations.
for
water
quality
4.
Projects having greater than forty
percent (40%) impervious area and which discharge directly to
sensitive receiving water shall provide at least one-half (1/2)
inch of dry detention or retention pre-treatment as part of the
required retention/detention. Sensitive receiving waters are
defined in 1.2.4.3(A) of this Manual.
C.
High Density Projects: Projects which have
more than forty percent (40%) impervious area may be
required to use retention rather than detention, depending on
such variables as:
6.
Different standards may be applied to
urban public highway projects.
And:
Water bodies within a District permitted public
water supply wellfield cone-of-depression, which are not
separated from the aquifer by strata at least ten (10) feet thick,
having an average saturated hydraulic conductivity of less than
0.1 foot per day; where the cone-of-depression is defined by
one of the following:
1.
Sensitivity of receiving water.
2.
Soils.
3.
Arrangement of on-site facilities.
D.
Projects
Located
Within
Cones
of
Depression: Retention/detention area locations shall not
reduce hydraulic recharge distances to public water supply
wells in excess of two percent (2%), nor shall wet
retention/detention areas be closer to public water supply
wells than three hundred (300) feet.
a.
In those areas of the District
where no local wellfield protection ordinance has been adopted
by the local governing body, the one (1) foot drawdown line, as
expressed in the water table aquifer under conditions of no
rainfall and one hundred (100) days of pumpage at the
permitted average daily pumpage rate (where significant canal
recharge is indicated, canal recharge representative of a once
in a one hundred (100) year drought will be considered).
E.
Solid Waste Facilities
1.
Surface water management systems
shall be so designed and constructed as to maintain the
integrity of the landfill at all times (during construction,
operation, closure and post closure). Assurances must be
provided that:
b.
Broward
County
Wellfield
Protection Ordinance contour for Zone
5.
Water surface and roofed areas can be
a.
6
All flows will be conveyed at
non-erosive velocities.
b.
may require one or more of the following additional Best
Management Practices:
The
project
is
designed
to
minimize erosion.
a.
Detention in excess of the
quantities stated in 4.3.2.2(B).
b.
Dry detention areas.
2.
Design features in support of this
requirement may include, but not be limited to:
c.
Dry conveyance swales with
adequate dimensions to permit maintenance.
a.
Slopes adequate to promote
runoff but not affect slope stability.
d.
Filter
mechanisms
additional water quality enhancement prior to discharge.
b.
Intermediate benches or swales
which reduce runoff velocities and limit erosion.
c.
for
e.
Skimmers in front of discharge
structures to restrict discharge of floatable materials.
Vegetation of closed portion of
landfill.
f.
Screw gates on water control
structures capable of restricting discharge of poor quality
surface water.
3.
Class I and II landfill projects shall
provide adequate assurance that leachate will not enter the
surface water management system. This assurance may be
provided through affirmative demonstration that all applicable
State standards for design and emplacement of liners,
leachate collection systems, and treatment and disposal of
leachate will be met.
4.
Borrow pits shall not be included in the
surface water management system unless the Tribe can
affirmatively demonstrate that leachate will not enter the borrow
pit, and that State water quality standards will be met.
g.
Vegetation
of
appropriate
portions of the water management system including, but not
limited to, conveyance swales.
7.
To provide information for assessing
the need for Best Management Practices at a specific site,
the District will require a hydrogeologic investigation that
should, at a minimum, provide information on:
5.
Dewatering operations at active, unlined
landfills will not be permitted.
6.
a.
The hydrogeologic properties of
the formations underlying the landfill, including aquifer
characteristics, groundwater elevations and direction, and
rate of groundwater flow.
For Class I and II landfills the District
7
1.
Systems shall be designed for the
retention volumes specified in paragraph 4.3.2.2(B) for
retention systems, exfiltrated over one (1) hour for retention
purposes prior to overflow, and based on test data for the
site. (Note: Such systems should not be proposed for
projects to be operated by entities other than single owners
or entities with full time maintenance staff.)
b.
Location of existing wells within
one-half mile of the site perimeter.
c.
Locations and specifications of
existing or proposed monitor wells.
8.
The Tribe should consult with the District
during the design of the project to determine the requirements
which will apply for a particular project.
F.
2.
A safety factor of two or more shall be
applied to the design to allow for geological uncertainties.
Use of Natural Areas and Existing Water Bodies
3.
A dry system is one with the pipe invert
at or above the average wet season water table.
Natural areas and existing water bodies may be
used for retention/detention purposes on some occasions,
when not in conflict with environmental or public use
considerations (see 1.2.3 and 4.3.2.3 of this Manual).
Candidate areas for such purposes might include:
1.
Previously degraded areas.
H.
Sewage Treatment Percolation Ponds: Above
ground pond dikes shall not be within two hundred (200) feet
of water bodies or one hundred (100) feet of dry
retention/detention areas. Additional calculations may be
necessary in unusual cases, requiring deviations from these
dimensions.
2.
Man-made areas (such as borrow pits).
4.3.2.3
3.
Extensive areas which have the ability to
absorb impacts easily.
4.
mitigation features.
G.
Environmental
A.
References to wetlands in this subsection are
those wetlands designated for protection under Part V.D. of
the Compact. Wetlands and appropriate buffer areas shall be
protected except as otherwise outlined in Part V.D. of the
Compact.
Areas incorporated into a system with
B.
Wetlands (in on-site uplands and/or impacted
wetlands) may be created to replace natural wetlands as
provided in Part V.D.4. of the Compact. To the extent
appropriate and practicable, wetlands on-site shall be
Underground Exfiltration Systems
8
incorporated into the surface water management system in a
manner that protects their hydroperiod and fish and wildlife
values.
hydroperiods in wetlands made part of a surface water
management system. In areas to be developed, water shall
be routed to preserved wetlands not made part of the surface
water management system, so as to approximate predevelopment hydroperiods.
C.
Habitat Diversity Systems: Natural systems
composed of distinct upland/wetland systems shall be
preserved where it is evident that the two are interdependent.
Proposed Work Plan activities shall not impact the values of
wetland functions so as to cause adverse impacts to:
F.
Zones: Buffer zones shall be provided around
all wetlands that are to be protected or incorporated into a
surface water management system. Actual delineation of the
buffer zone may vary according to site specific conditions,
provided it extends at least fifteen (15) feet landward from the
edge of the wetland in all places and averages twenty-five
(25) feet from the landward edge of the wetland.
1. the abundance and diversity of fish, wildlife
and listed species; and
2. the habitat of fish, wildlife and listed species;
Proposed buffer zones shall be delineated on
the Work Plan.
De minimis effects shall not be considered adverse impacts
for the purposes of this subparagraph. The assessment of
impacts expected as a result of proposed activities on the
values and functions that any wetland provides to fish, wildlife,
and listed species will be based on the best scientific judgment
or some other mutually acceptable assessment procedure.
History Note: Revised 10-22-02
Buffer zones may consist of natural features
suitable for the particular site, such as undisturbed uplands,
open water bodies, wildlife corridors, or other appropriate
natural or structural features.
Upland areas or wildlife corridors adjacent to
buffer zones may be incorporated in areas set aside in
satisfaction of Part V.D.4. of the Compact, provided they are
in excess of the minimum buffer zone.
D.
Lake/Canals
Wetland
Separation:
Lakes/canals which may adversely affect wetland areas shall
be separated from the wetlands protected under the Compact
by a minimum distance of two hundred (200) feet unless tests,
calculations or other information demonstrate deviation from
this dimension is appropriate.
E.
Water Levels: Water tables shall not be altered
such that off-site wetlands, or wetlands protected under the
Compact, are adversely affected. Control elevations shall be
established which maintain or improve pre-development
G.
Mitigation:
History Note: New 10-22-02
Intent: Wetlands greater than forty (40) contiguous
acres as described in Part V.D.2. of the Compact, may be
9
protected through the provision of a mitigation proposal which
satisfies the following requirements. Protection of wetlands
may also include mitigation necessary to fully compensate for
unavoidable adverse impacts to wetlands in a manner that
contributes to the long-term ecological functioning of the
Reservation within which the impact occurs. In undertaking
such mitigation, the Tribe's and District's mutual, overall goal is
to avoid adverse impacts to wetlands and offset unavoidable
adverse impacts to wetlands to achieve no overall net loss of
wetland values and functions.
shall it be construed as requiring a project that is significantly
different in type or function. A proposed modification which is
not technically capable of being made is not economically
viable, or which adversely affects public safety through the
endangerment of lives or property is not considered
“practicable”. A proposed modification need not remove all
economic value of the property in order to be considered not
“appropriate and practicable”. Conversely, a modification
need not provide the highest and best use of the property to
be “appropriate and practicable”. The District will give full
consideration to the views of the Tribe and the resources
available to the Tribe when making this practicability
determination.
H.
Sequencing: In evaluating Work Plan and
Work Plan amendment submittals, as a practical matter,
information on all facets of a project, including potential
mitigation, is ideally gathered and reviewed at the same time.
First, the District makes a determination that potential impacts
have been avoided to the maximum extent practicable.
Second, the remaining unavoidable impacts are minimized to
the extent appropriate and practicable. Finally, compensatory
mitigation for unavoidable adverse impacts to wetland resource
values and functions is required.
3.
Compensatory Mitigation. Appropriate
and practicable compensatory mitigation is required for
unavoidable adverse impacts which remain after all
appropriate and practicable minimization has been required.
Compensatory actions (e.g., restoration, enhancement,
preservation, restoration of existing degraded wetlands or
creation of man-made wetlands) should be undertaken, when
practicable, in areas adjacent or contiguous to the discharge
site
(onsite
compensatory mitigation). If on-site
compensatory mitigation is not practicable, off-site
compensatory mitigation should be undertaken in the same
geographic area if practicable (i.e., in close physical proximity
and, to the extent possible, the same reservation). In
determining the compensatory mitigation required, the values
and functions lost by the resource to be impacted must be
considered.
1.
Avoidance allows Work Plan approval for
only the least environmentally damaging practicable alternative.
The thrust of this section on alternatives is avoidance of
impacts. Compensatory mitigation may not be used as a
method to reduce environmental impacts in the evaluation of
the least environmentally damaging practicable alternatives.
2.
Minimization. Appropriate and practicable steps
to minimize the adverse impacts will be required through
project design modifications and Work Plan conditions. The
term “modification” shall not be construed as including the
alternative of not implementing the system in some form, nor
I.
Mitigation Guidelines:
History Note: New 10-22-02
10
WRAP SCORE
1.
General Provisions: Compensatory mitigation
for impacts to wetlands greater than 40 contiguous acres in
size shall be determined on a case-by-case basis and reflect a
no-net loss of wetland Functional Value Units (Units) on the
Reservation(s). Units shall be determined using the Wetland
Rapid Assessment Procedure (WRAP) and Numeric
Functional Assessment (NFA). The below-listed ratios are
proposed as guidelines to be used by the Tribe and the District
to ensure that there is not an overall loss of wetland function.
For impacts to wetlands that are less than 40 contiguous acres
in size, the Tribe will have the option of using the multiplier (1),
regardless of WRAP score.
≤
.50 =
.51 to .59 =
.60 to .69 =
.70 to .74 =
.75 to .84 =
≥
.85 =
MULTIPLIER
1:1
1.5:1
2:1
3:1
4.5:1
5:1
Example 1:
The Tribe proposes to impact (fill)
wetland X (45 acres) for residential development. Wetland X
is greater than forty (40) contiguous acres in size so the
ratios will need to be used. The completed WRAP/NFA
analysis for that wetland provides a score of 0.65. This
equates to a proposed impact of 45 acres X .65 (WRAP
Score) X 2 (Multiplier), or 58.5 units of impact that require
compensation. To offset this impact, an equal amount of
units would be deducted from the advanced mitigation
program ledger, or a mitigation project would be required that
would produce an equal number of units.
2.
a.
Wetland Assessment:
Appropriate
wetland assessment procedures for determining the values
and functions of a wetland will be used to qualitatively assess
the wetlands to be impacted, as well as the mitigation
proposed. Factors including wetland size, temporal loss, risks
associated with mitigation success and other special
circumstances which warrant weighting, for example the
regional setting of the wetland and the effect of the Central and
Southern Florida Flood Control Project, will be taken into
consideration in the assessment of any proposed impacts and
mitigation. See the Wetland Rapid Assessment Procedure
(WRAP), September 1997, Technical Publication REG 001
and the Numeric Functional Assessment based on the joint
State/Federal Mitigation Bank Review Team Process for
Florida, Operational Draft, October, 1998 for examples of how
to perform this assessment. Multipliers shall be used to
determine the required compensatory mitigation for impacts to
wetlands of forty (40) contiguous acres in size or more as
follows:
Example 2:
The Tribe proposes to impact (fill)
wetland X (20 acres) for industrial development. This
wetland is less than forty (40) contiguous acres in size. The
completed WRAP/NFA analysis for the wetland provides a
score of 0.73. However, since this wetland is less than forty
(40) contiguous acres in size, the Tribe has the option of
using either a multiplier of (1) or the same acreage of
mitigation, regardless of the WRAP/NFA score.
This
equates to a choice between the following mitigation options:
(20 acres X .73 WRAP/NFA score)) X 1 (Multiplier) = 14.6
Units required; or in the alternative 20 acres of mitigation for
the 20 acres of impacts).
2.
b.
Alternative
11
Wetland Assessment: Alternative wetland assessment
methodologies may be considered that are mutually
acceptable to the Tribe and the District.
Unavoidable impacts to wetland areas that contain
50% or greater coverage of melaleuca shall require less
mitigation than that which is normally required under Section
4.3.2.3.I. The amount of required mitigation, as calculated
under Section 4.3.2.3.I. shall be reduced by 25% when
mitigating for impacts to wetlands containing greater than
50% coverage of melaleuca.
3.
Proposed Mitigation (including Advanced
Mitigation): WRAP/NFA scores will be conducted for each
proposed mitigation site in order to determine the mitigation
potential/objective and an average or overall score will be
developed. Upon acceptance of a suitable mitigation plan, a
post-WRAP/NFA score will be designated. The difference
between the two WRAP/NFA scores (known as mitigation lift)
will determine the amount of Functional Value Units (Units)
available for each respective site. For example, if the average
WRAP/NFA score of an advanced mitigation site is 0.4 and the
post-WRAP/NFA score is determined to be 0.9, then the “lift”
will be 0.5. This number multiplied by the advanced mitigation
acreage will provide the total number of units available.
Accordingly, a 524 acre melaleuca-dominated area proposed
for enhancement for mitigation would result in 262 Units (524 x
.5 (lift) = 262 Units).
4.
Melaleuca within the wetland to be impacted shall be
mapped in units not larger than 1/2 acre which differentiate
coverages of 50%-75% and 76%-100%. The Tribe may elect
to measure coverage in more detail. The District shall allow
the use of larger mapping units when the Tribe can
demonstrate that:
a. 1/2 acre mapping units will impose an economic
hardship due to the large size of the wetland impact areas;
and
b. Mapping in larger units will not result in additional
acreage qualifying for the ratios in this subsection. The
coverage of melaleuca shall be defined as the absolute
percentage of the area in question that lies under the crown
of a melaleuca tree with a one inch or greater trunk diameter
at breast height. The crown of each melaleuca tree shall be
considered a solid shape without regard for holes or
openings among the leaves and branches. Any valid
vegetative sampling method shall be acceptable for
estimating melaleuca coverage, including visual observation,
use of random sample points, a grid of points, or line or belt
transects. (See Bonham, C.D. 1989, Measurements for
Terrestrial Vegetation for guidance in estimating coverage.)
Melaleuca Dominated Wetlands
When the District evaluates mitigation proposals to
offset impacts to Melaleuca dominated wetlands, the following
factors will be considered to determine the appropriate
mitigation. However, the following factors shall only be
considered for impacts to those wetlands that are less than
forty (40) contiguous acres in size no matter what the WRAP
score and to those wetlands that are greater than forty (40)
contiguous acres in size that have a WRAP score of .51 or
higher:
12
Aerial photography may be used to complement on-the-ground
estimates of melaleuca coverage for large tracts.
g.
A vegetation planting scheme if
planting is proposed, and schedule for implementation.
5.
Mitigation Proposals: The Tribe shall
provide reasonable assurances that proposed mitigation will:
offset adverse impacts due to regulated activities; and achieve
mitigation success by providing viable and sustainable
ecological and hydrological functions. The Tribe shall submit
detailed
plans
describing
proposed
construction,
establishment, and management of mitigation areas. These
plans should include the following information, as appropriate
for the type of mitigation proposed:
h.
used in wetland creation.
Sources of plants and soils
i.
Measures to be implemented
during and after construction to avoid adverse impacts
related to proposed activities.
a.
An aerial or satellite imagery of
mitigation area and region.
j.
A
management
plan
comprising all aspects of operation and maintenance,
including water management practices, vegetation
establishment, exotic and nuisance species control, fire
management, and control of access.
b.
A soils map of the mitigation area
and other soils information pertinent to the specific mitigation
actions proposed.
k.
A description of the activities
proposed to control exotic and nuisance species should
these become established in the mitigation area.
c.
A hydrologic features map of the
mitigation area and adjacent hydrologic contributing and
receiving areas.
l.
A description of anticipated site
conditions within the mitigation area after the mitigation plan
is successfully implemented.
d.
A map of vegetation communities
within the mitigation area.
e.
Construction drawings detailing
proposed hydrological alterations and all structural
components associated with proposed activities.
f.
Proposed construction activities,
including a detailed schedule for implementation.
m.
A topographic map of the
mitigation area and adjacent hydrologic contributing and
receiving areas.
n.
A description of current
hydrologic conditions affecting the mitigation area.
o.
A proposed monitoring plan to
demonstrate mitigation.
13
p.
A mitigation ledger. The ledger
listing of the number and type of mitigation acres in the
Mitigation Program.
specifically described in any Work Plan proposed under Part
VII, Section A. of the Compact.
9.
Mitigation Success: Due to the wide
range of types of projects which may be proposed for
mitigation, specific success criteria will be determined on a
case-by-case basis (which may include but not be limited to
wetland assessment procedures). The success criteria to
be included in the Work Plan conditions will specify the
minimum requirements necessary to attain a determination
of success. The mitigation shall be deemed successful by
the District when the mitigation area has achieved viable and
sustainable ecological and hydrological functions and the
specific success criteria in the Work Plan are met. If
success is not achieved within the timeframe specified within
the Work Plan, remedial measures shall be required.
Monitoring and maintenance requirements shall remain in
effect until success is achieved.
q.
GIS vector overlays of mitigation
areas and areas debited from the mitigation areas.
6.
Innovative
Mitigation
Proposals:
Innovative mitigation proposals proposed by the Tribe which
deviate from the practices described above shall be
considered on a case-by-case basis.
7.
Monitoring:
Proposed mitigation for
wetland impacts on a reservation shall include the
submittal of a proposed monitoring plan, if the proposed
mitigation
involves
creation,
restoration
or
enhancement of wetlands. This plan shall be reviewed
and mutually agreed upon prior to any associated
impacts occurring. The plan shall be designed in such
a manner as to demonstrate the level of mitigation
success. The Tribe shall monitor the progress of
mitigation areas until success can be demonstrated.
Monitoring parameters, methods, schedules, and
reporting requirements will be specified by the District
in Work Plan conditions.
J.
Cumulative Impacts:
History Note: New 10-22-02
The Tribe shall provide reasonable assurances that a
proposed Work Plan activity will not cause unacceptable
cumulative impacts upon wetlands within the same
Reservation as the proposed activity.
8.
Preservation of Mitigation Areas: The
Tribe shall propose and be responsible for implementing
methods that assure that mitigation areas will not be adversely
impacted unless such impacts are subsequently concurred ith
through future Work Plans or Work Plan amendments. The
Tribe’s commitment to preserve the mitigation areas shall be
1.
The impact on wetlands and other
surface waters shall be reviewed by evaluating the impacts
to water quality as set forth in subsection 4.3.2.2 and by
evaluating the impacts to values and functions identified in 4.3.2.3.
2.
The Tribe must provide reasonable
assurance that the proposed system, when considered with
14
other projects which are existing or activities regulated under
the Compact which are under construction, or projects for
which Work Plan approval has been sought, will not result in
unacceptable cumulative impacts to water quality or the
functions of wetlands and other surface waters within the
same Reservation. If the Tribe proposes to mitigate adverse
impacts within the same Reservation as the impacts, and if the
mitigation fully offsets the impacts, the District will consider the
Work Plan activity to have no unacceptable cumulative impacts
upon wetlands and other surface waters.
Tribe may propose mitigation measures, as provided for in
paragraph 4.3.2.3.
4.3.2.4
Construction
A.
Discharge Structures:
1.
All design discharges shall be made
through structural discharge facilities. Earth berms shall be
used only to disperse or collect sheet flows from or to
ditches, swales, served by discharge structures.
3.
The cumulative impact evaluation is
conducted using an assumption that reasonably expected
future Work Plan approvals with like impacts will be sought,
thus necessitating equitable distribution of acceptable impacts
among future activities.
2.
Discharge structures shall be fixed so
that discharge cannot be made below the control elevation,
except that emergency devices may be installed with secure
locking devices.
Either the District or an acceptable
governmental agency will keep the keys for any such
devices.
4.
Cumulative impacts are considered
unacceptable when the proposed system, considered in
conjunction with the past, present, and future activities as
described in 4.3.2.3.J.2. would result in a violation of applicable
water quality standards or significant adverse impacts to
values and functions of wetlands identified in 4.3.2.3. within the
same Reservation. However, if there are no cumulative
impacts when considering the Reservation’s location within the
watershed as a whole then the District will consider the Work
Plan activity to have no unacceptable cumulative impacts on
wetlands or other surface waters.
3.
Non-operable discharge structures
shall be constructed so that they are just that. Flashboard
risers should not be used for urban construction.
4.
Discharge structures should include
gratings for safety and maintenance purposes. The use of
trash collection screens is desirable.
5.
Discharge structures shall include a
"baffle" system to encourage discharge from the center of
the water column rather than the top or bottom. Discharge
structures from areas with greater than fifty percent (50%)
impervious area, or from systems with inlets in paved areas,
shall include a baffle, skimmer, or other mechanism suitable
5.
The Tribe may propose measures such
as preservation to prevent cumulative impacts.
Such
preservation shall comply with subparagraph 4.3.2.3.I.8. If
unacceptable cumulative impacts are expected to occur, the
15
for preventing oil and grease from discharging to and/or from
retention/detention areas.
circular shaped configuration to increase detention time
during minor events.
6.
Direct discharges, such as through
culverts, storm drains, weir structures, to receiving waters will
normally be allowed which, by virtue of their large capacity, and
configuration, are easily able to absorb concentrated
discharges. Such receiving waters might include existing
storm sewer systems and man-made ditches, canals and
lakes.
3.
Pumped control devices shall normally
be sized based on a design discharge of twenty percent
(20%) of the detention volume in one (1) day.
C.
1.
Dry retention/detention areas shall
have mechanisms for returning the groundwater level in the
area to the control elevation.
2.
Mosquito control ditches or other
appropriate features for such purpose, shall be incorporated
into the design of dry retention/detention areas.
7.
Indirect discharges, such as overflow
and spreader swales, are required where the receiving water
or its adjacent supporting ecosystem might be degraded by a
direct discharge. The discharge structure would therefore
discharge into the overflow, spreader swale, which in turn
would release the water to the actual receiving water. Such
receiving waters might include natural streams, lakes and
marshes and land naturally receiving overland sheetflow.
3.
The design of dry retention/detention
areas shall incorporate considerations for regular
maintenance and vegetation harvesting procedures.
8.
Pumped systems will only be allowed
where the Tribe accepts responsibility for perpetual operation.
B.
Control Devices/Bleed-Down Mechanisms for
Detention Systems:
D.
Wet Retention/Detention Areas:
1.
Dimensional Criteria: (as measured at
or from the control elevation)
1.
Gravity control devices shall normally be
sized based on a design discharge of one-half (1/2) inch of the
detention volume during the f
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