05-15-87
CRITERIA MANUAL
FOR
SEMINOLE
WATER RIGHTS COMPACT
TABLE OF CONTENTS
PAGE
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 .......... 2-11
2.3 Emergency Provisions ................................. 2-24
2.4 Monitoring ........................................... 2-26
2.5 Specific Restrictions ................................ 2-29
2.6 The Classification System ............................ 2-67
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
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
7.1 Approval and Amendment of Work Plans ................. 7-1
7.2 Emergency Situations ................................. 7-17
7.3 Information Requirements and Checklists .............. 7-22
CHAPTER 1 -- ADMINISTRATIVE
1.1 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.
1.1.2 The definitions delineated in the Compact apply to all
Chapters in the Manual.
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
1.2.1 Relationship Between Compact and Manual -- The
relationship is described in Part (II)(J) of the Compact.
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 Criteria Considerations for Determining
Environmental Impacts -- The Tribe's Work Plan will be reviewed
by the District for the purposes of advising the Board as to
conformance with 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.
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.
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.
The following subsections give general information concerning
the evaluation of environmental impacts.
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.
1.2.3.2 At the request of the Tribe, the District will
conduct a site inspection at a mutually convenient time.
1.2.3.3 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.
1.2.3.4 Pre-submission meetings and submittal of
optional explanatory information which may be useful to
the District in the review process are encouraged.
1.2.3.5 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, except those previously
impacted by drainage, land clearing,
earthwork, or those which have been
invaded by exotic species and are in a state
of environmental decay (excluding
unauthorized activities conducted by the
Tribe).
2. Natural waterbodies.
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.
C. Environmental features which are not related to
the water resources, such as: Unique upland
habitats, usually consisting of tropical hardwood
tree hammocks and beach dunes.
D. Preferred habitats for rare, endangered, or
threatened species of plants and/or animals.
1.2.3.6 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.
1.2.4 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.
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.
Monitoring will normally be required for sites with high
pollutant generating potential, such as industrial sites and
solid waste disposal sites.
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.
In general, there are two reasons for required water
monitoring:
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
B. Where the potential exists for saline water
intrusion.
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:
1. Lake Okeechobee and Lower Kissimmee
River.
2. Canals currently being backpumped to
Lake Okeechobee or the Conservation
areas, or proposed for backpumping.
3. Outstanding Florida Waters as defined as:
i. Waters within National Parks
ii. Waters within National Wildlife
Refuges
iii. Waters within State Parks or
Recreation Areas
iv. Waters within State Preserves
v. Waters within areas purchased under
the environmentally endangered
lands bond program.
4. Waters within National Preserves.
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 a 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. Wetlands
2. Forested lands
3. Rangelands
4. Agricultural
5. Urban and built-up lands.
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 have to be determined.
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)n is a subparagraph.
CHAPTER 2 -- CRITERIA FOR WATER
SHORTAGE DECLARATIONS
2.1 GENERAL
2.1.1 Purpose
2.1.1.1 This Chapter comprises the District's water
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.
2.1.1.2 These provisions apply to the Tribe and all
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
users 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:
2.1.2.1 General Part 2.1 present, the general
goals and objectives of the District's water shortage plan.
The various elements of the plan are described herein, and
definitions for key terms used in the plan are provided.
2.1.2.2 Declaring and Implementing a Water
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 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.
2.1.2.3 Emergency Provisions Normally, the
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.
2.1.2.4 Monitoring The District's overall
program of 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 2.5 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.
2.1.2.6 Classification System Part 2.6 classifies
each 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
2.1.3.1 Even Numbered Address means the house
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.
2.1.3.2 Flood Irrigation means the delivery of
plant or 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.
2.1.3.3 Ground Water Source means a source class
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.
2.1.3.4 Low-Volume Hand Watering means
watering by one hose attended by one person, fitted with a
self canceling or automatic shutoff nozzle.
2.1.3.5 Low-Volume Irrigation means the use of
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.
2.1.3.6 Low-Volume Mobile Equipment Washing
means the washing of mobile equipment with a "bucket"
and "sponge," or a hose with a self-canceling or automatic
shutoff nozzle, or both.
2.1.3.7 Low-Volume Pressure Cleaning means
pressure cleaning by means of equipment which is
specifically designed to reduce the inflow volume, as
accepted by industry standards.
2.1.3.8 Low-Volume Watering means the use of
equipment, devices, materials and/or methods, including
low-volume 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 to reduce flow and increase saturation
efficiency to a level accepted under industry standards.
2.1.3.9 Method of Withdrawal Class means the
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.
2.1.3.10 Mobile Equipment means any public,
private or commercial automobile, truck, trailer, railroad
car, camper, boat, or any other type of similar equipment.
The term shall not include sanitation or sludge vehicles, or
food vending or transporting vehicles.
2.1.3.11 Nursery Stock means all plants, trees,
shrubs, vines, bulbs, cuttings, grafts, scions, buds,
flowering annual plants, aquatic plants, seeds, corns, or
tubers, grown or kept for propagation, distribution or sale.
2.1.3.12 Odd Numbered Address means the house
address, box number or rural route ending in the numbers,
1,3,5,7,9 or the letters N-Z. Post office box numbers are
not included.
2.1.3.13 Odd Numbered Days means the days
whose dates end in the numbers 1,3,5,7,9. For
purposes of this Chapter the date shall be determined by
the day during which a watering period ends.
2.1.3.14 Overhead Irrigation means the use of
equipment and devices which deliver water under pressure,
through the air, above the level of the plant being
irrigated.
2.1.3.15 Percent Reduction in Overall Demand 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.
2.1.3.16 Plan means the water shortage plan
contained in this Chapter.
2.1.3.17 Source Class means the assigned water
resource from which a user is obtaining water, either
directly or indirectly. Source classes within the District
are specified in 2.6.2.
2.1.3.18 Surface Water Use Basin means the
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.
2.1.3.19 Use Class means the category describing
the purpose for which the user is utilizing water. Use
classes are generally grouped by related uses. The four
major groupings are:
Essential/Domestic/Utility/Commercial, Agriculture,
Nursery/Urban Irrigation/Recreation and Miscellaneous.
Neither the order or 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 purposes, 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. Water Utility Use means water used
for withdrawal, treatment, transmission,
and distribution by potable water system.
4. Power Production Use means the use
of water for steam generation, and the use
of water for cooling and for replenishment
of cooling reservoirs.
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
Non-District 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.
B. 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. Aquacultural Use means the use of
water for the spawning, cultivating,
harvesting or marketing of domesticated
fin-fish, shellfish, crustaceans, frogs,
turtles, alligators, and other aquatic
organisms that have a sport or other
economic value.
4. Soil Flooding means use of water for
raising 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. Freeze Protection means the periodic
and 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.
C. Nursery/Urban Irrigation/Recreation
1. Nursery Use means the use of water on
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.
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 and
school playgrounds.
5. Golf Course Use means water used to
irrigate an establishment designed and
used for playing golf.
6. Water Based Recreation Use means
water used for public or private swimming
and wading pools, including water slides.
This term does not include pools
specifically maintained to provide habitat
for aquatic life.
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.
2.1.3.20 User means the Tribe and any person, natural 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 subdivision,
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 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.
2.1.3.21 Water Resource means any and all water on or
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.
2.1.3.22 Water Shortage means that situation within all
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.
2.1.3.23 Water Shortage Emergency means that
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.
2.2 DECLARING AND IMPLEMENTING A WATER SHORTAGE
2.2.1 Evaluating Water Conditions
2.2.1.1 This section sets forth the steps the District will
take to periodically evaluate water conditions within the
District, in order to determine whether a water shortage
should be declared.
2.2.1.2 The District shall monitor the condition of the
water resources within the District as provided in 2.4.1.
2.2.1.3 Current data shall be compared to historical
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 date used to periodically evaluate water
conditions.
A. Present and anticipated 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
semi-confined aquifers.
2. Historic, current and anticipated flows in
surface waters.
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 seasonal
fluctuation in rainfall. And:
7. Other water resource factors affecting
present and anticipated available water supply.
B. 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
sources 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
whose supply of water is established by
federal law.
4. Anticipated seasonal fluctuations in user
demands.
5. The extent to which user demands may be
met from other source classes. And:
6. Other factors affecting present and
anticipated water demands.
C. 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
2.2.2.1 If, in the opinion of the District, there is a
possibility that insufficient water will be available within a
source class to meet the estimated present and anticipated
user 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.
2.2.2.2 A water shortage may also be declared for 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.
2.2.2.3 Prior to declaring a water shortage for a source
class, the Board or the Executive Director may issue a water
shortage warning, calling for voluntary reductions in
demand within that source.
2.2.2.4 If a water shortage is declared for a source 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
2.2.3.1 This section establishes four phases of water
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 type of water use restrictions which
will be ordered in a declared water shortage.
2.2.3.2 The following water shortage phases are
established:
Water Shortage Phase Color Code % reduction in
overall
demand
I. Moderate Water Shortage Yellow less than 15%
II. Severe Water Shortage Orange less than 30%
III. Extreme Water Shortage Red less than 45%
IV. Critical Water Shortage Purple 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
from 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
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.
2.2.4.2 The Board may order the water use restrictions
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 the 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 Additional restrictions which may be considered
include:
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,
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
2.2.5.1 The Tribe may request relief from the provisions
of 2.2 by filing a request for variance pursuant to 2.2.5.5.
2.2.5.2 Criteria for Issuance No request for variance
shall be granted unless the Tribe affirmatively
demonstrates that one 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.
2.2.5.3 Limiting Conditions Variances granted shall 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.
B. All variances shall expire upon a declaration by
the Board that a water shortage no longer
exists, 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.
C. Variances granted under 2.2.5.2(B) shall
prescribe a timetable for compliance with the
restrictions from which a variance was sought.
2.2.5.4 Requests for Variance The request shall
contain the following:
A. The specific section or order 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, 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. The restrictions which the Tribe can meet and
the date when the Tribe can comply with such
restrictions.
G. The steps the Tribe is taking to meet the
requirements or order from which the variance
is sought and when compliance will be achieved.
H. 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:
I. Any other information the Tribe believes is
material.
2.2.5.5 Procedures
A. Within five 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 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.
B. The Executive Director 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. Orders
temporarily granting a request 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, and 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. 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.
2.2.6 Implementing a Water Shortage Declaration
2.2.6.1 When a water shortage is declared, or if already
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.
2.2.6.2 A declaration of water shortage and any
provision or restriction adopted pursuant thereto under the
water shortage plan may be modified or rescinded by the
Board.
2.2.6.3 A declaration of water shortage and any
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.
2.2.6.4 All decisions of the Executive Director made
pursuant to 2.2.6 shall be by order and subject to
ratification by the Board at the next scheduled Board
meeting.
2.2.6.5 An order declaring a water shortage or imposing
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
2.3.1.1 This section sets forth the steps the District will
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.
2.3.1.2 The District shall monitor the condition of the
water resources of the District and the needs of the users as
provided in 2.4.1.
2.3.1.3 Current data shall be evaluated to determine
whether any user's or classes of users' estimated present
and 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.
A. 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.
B. 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 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.
2.3.1.4 If a water shortage emergency is declared for a
user, the District shall estimate the percent reduction in
user demand required to alleviate the emergency.
2.3.1.5 If a water shortage emergency is declared for a
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
2.3.2.1 This section specifies water use restrictions for 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.
2.3.2.2 Additional restrictions which may be considered
include those listed in 2.2.4.3.
2.4 MONITORING
2.4.1 Monitoring
2.4.1.1 This section generally describes the data
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.
2.4.1.2 Data may be obtained from any source
available, including but not limited to:
A. The District.
B. Other waste 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.
2.4.1.3 Resource Monitoring -- When appropriate, the
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.
2.4.1.4 Demand Monitoring When appropriate the
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.
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.
2.4.1.5 When appropriate, the District may prepare a
drought management report summarizing the data
gathered pursuant to this section.
2.5 SPECIFIC RESTRICTIONS
2.5.1 Specific Restrictions
2.5.1.1 Upon declaration of a water shortage or water
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 the Part and 2.2 shall be subject to
enforcement action, as provided under the Compact. The
restrictions specified in this Part are summarized in tabular
form on Figure 2-1. The information presented in Figure
2-1 should sufficiently describe the required restrictions for
most users.
2.5.1.2 In addition to the restrictions specified in this
Part and 2.2, wasteful and unnecessary water use is
prohibited regardless of the phase of the water shortage.
Such wasteful and unnecessary water use shall include, but not
be limited to:
A. Allowing water to be dispersed without any
practical 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.
2.5.1.3 In case of a conflict between Figure 2-1 and this
part, the specific restrictions in this Part shall control.
2.5.1.4 Within each section of this Part, use classes are
grouped in the same sequence as in 2.1.3.19.
2.5.2 Phase I - Moderate Water Shortage The following
restrictions shall apply when a phase I water shortage is declared
by the District.
2.5.2.1 Essential/Domestic/Utility/Commercial
A. Essential Use
1. The use of water for fire fighting, and
health or medical purposes 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.
B. 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.
C. 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.
D. Power Production Use 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. 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
seventy-five (75) gallons per
wash shall be voluntarily
reduced.
b. 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.
F. Diversion and Impoundment into Non-District
Facilities Water used for diversion and
impoundment into non-District facilities shall be
voluntarily reduced.
2.5.2.2 Agriculture
A. Agricultural Use
1. Overhead irrigation, except by portable
volume gun, shall be restricted to the
hours of 2:00 P.M. to 10:00 A.M.
2. Portable volume gun irrigation hours shall
be voluntarily reduced.
3. Low-volume irrigation hours shall not be
restricted.
4. 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.
5. Users having access to more than one
source class shall maximize the use of the
lesser or least restricted source class.
B. Livestock Use Livestock water use shall be
voluntarily reduced.
C. Aquacultural Use Aquacultural water use
shall be voluntarily reduced.
D. Soil Flooding
1. Soil flooding for pest control or soil
preservation shall be prohibited.
2. Soil flooding for burning of sugarcane
prior to harvest shall be voluntarily
reduced.
3. Soil flooding to permit harvesting of sod
shall be voluntarily reduced.
E. Freeze Protection Water use for freeze
protection shall be restricted to situations in
which official weather forecasting services
predict temperatures likely to cause permanent
damage to crops.
2.5.2.3 Nursery/Urban Irrigation/Recreation
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:
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.
3. Flood irrigation systems shall be restricted
to eight (8) days per month.
B. Landscape Irrigation - New Installation
1. For installations which have been in place
for less than thirty (30) days. And:
a. Less than five (5) 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) 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. 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.
C. Landscape Irrigation - Existing Installation
1. For existing installations less than five (5)
acres in size, water use for irrigation shall
be restricted to the hours from 4:00 A.M.
to 8:00 A.M., 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.
2. For existing installations five (5) 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,
Wednesday and Saturday.
b. Installations with even addresses or
no address shall be permitted to
irrigate on Tuesday, Thursday and
Sunday.
D. Recreation Area Use Existing and new
recreation area water use shall be restricted as
provided in 2.5.2.3(B) and (C) respectively.
E. Golf Course Use
1. Irrigation of greens and tees shall be
voluntarily reduced and shall be
accomplished during non-daylight 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.
F. Clay Tennis Courts Use
1. Watering of clay tennis courts shall be
restricted to the hours of 12:01 P.M. to
3:00 P.M., and 9:01 P.M. to 12:00 A.M. and
shall be for a maximum duration of five (5)
minutes for each court during each
allowed time.
2. Low-volume watering techniques shall be
used.
G. 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.
2.5.2.4 Miscellaneous
A. Cooling and Air Conditioning Use 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.
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
methods. Rinsing and flushing of boats
after saltwater use shall be limited to five
(5) minutes once a day for each boat.
3. Outside pressure cleaning shall be
restricted to only low-volume methods,
seven (7) days per week.
D. Aesthetic Use
1. Outside aesthetic uses of water shall be
prohibited.
2. Inside aesthetic uses of water shall be
voluntarily reduced.
2.5.3 Phase II - Severe Water Shortage The following
restrictions shall apply when a Phase II water shortage is declared
by the District.
2.5.3.1 Essential/Domestic/Utility/Commercial
A. Essential Use
1. The use of water for fire fighting, and
health or medical purposes 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.
B. Domestic Type Use
1. residential type domestic use shall be
voluntarily reduced to fifty (50) gallons per
person per day.
3. Domestic type use in industrial and
commercial establishments shall be
voluntarily reduced.
C. 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.
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. Power Production Use Water used for
power production shall be voluntarily reduced.
E. Commercial and Industrial Process Use
1. Commercial car washers 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. And:
ii. Use equal to or less than
seventy-five (75) gallons per
wash shall be voluntarily reduced.
b. For washes servicing mobile equipment
weighing ten thousand (10,000) pounds
or more,
i. use in excess of hundred fifty
(150) gallons per wash shall be
prohibited. And:
ii. Use equal to or less than
hundred fifty (150) gallons per
wash shall be voluntary reduced.
2. Water used for commercial and industrial
processes 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.
2.5.3.2 Agriculture
A. Agricultural Use
1. Overhead irrigation, except by portable
volume guns, shall be restricted to the
hours of 2:00 P.M. to 10:00 A.M.
2. Portable volume gun irrigation hours shall
be voluntarily reduced.
3. Low-volume irrigation hours shall not be
restricted.
4. All irrigation system 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.
5. Users having access to more than one
source class shall maximize the use of the
lesser or least restricted source class.
B. Livestock Use Livestock water use shall be
voluntarily reduced.
C. Aquacultural Use Aquacultural water use
shall be voluntarily reduced.
D. Soil Flooding
1. Soil flooding for pest control or soil
preservation shall be prohibited.
2. Soil flooding for burning of sugarcane
prior to harvest shall be voluntarily
reduced.
3. Soil flooding to permit harvesting of sod
shall be voluntarily reduced.
E. Freeze Protection Water use for freeze
protection shall be restricted to situations in
which official weather forecasting services
predict temperatures likely to cause permanent
damage to crops.
2.5.3.3 Nursery/Urban Irrigation/Recreation
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:
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.
3. Flood irrigation systems shall be restricted
to six (6) days per month.
B. Landscape Irrigation - New Installation
1. For installations which have been in place
for less than thirty (30) days. And:
a. Less than five (5) 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) 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 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.
C. Landscape Irrigation - Existing Installation
1. For existing installations less than five (5)
acres in size, water use for irrigation shall
be restricted to the hours from 4:00 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.
2. For existing installations five (5) 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., 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.
D. Recreation Area Use Existing and new
recreation area water use shall be restricted as
provided in 2.5.3.3(B) and (C) respectively.
E. Golf Course Use
1. Irrigation of greens and tees shall be
voluntarily reduced and shall be
accomplished during non-daylight hours.
2. Irrigation of roughs and non-playing areas
on the first nine 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 (9) holes
of the course shall be restricted to the
hours of 12:01 A.M. to 8:00 A.M., Thursday
and Sunday.
F. Clay Tennis Courts Use
1. Watering of clay tennis courts shall be
restricted to the hours of 12:01 P.M. to
3:00 P.M., and 9:01 P.M. to 12:00 A.M.,
and shall be for a maximum duration of
five (5) minutes for each court during each
allowed time period.
2. Low-volume watering techniques shall be
used.
G. 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. Existing facilities shall not be refilled
except for makeup water.
2.5.3.4 Miscellaneous
A. Cooling and Air Conditioning Use 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.
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 2.5.3.3(C), using only low-volume
methods. Rinsing and flushing of boats
after saltwater use shall be limited to five
(5) minutes once a day for each boat.
3. Outside pressure cleaning shall be
restricted to only low-volume methods,
seven (7) days per week.
D. Aesthetic Use
1. Outside aesthetic uses of water shall be
prohibited.
2. Inside aesthetic uses of water shall be
voluntarily reduced.
2.5.4 Phase III - Extreme Water Shortage The following
restrictions shall apply when a Phase III shortage is declared by
the District.
2.5.4.1 Essential/Domestic/Utility/Commercial
A. Essential Use
1. The use of water for fire fighting, and
health or medical purposes 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.
B. 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.
C. 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 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. Power Production Use 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. Car 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
seventy-five (75) gallons but
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.
b. For washes servicing mobile
equipment weighing ten thousand
(10,000) pounds or more,
i. Use in excess of hundred fifty
(150) gallons per wash shall be
prohibited.
ii. Use equal to or less than
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.
F. Diversion and Impoundment into Non-District
Facilities Water used for diversion and
impoundment into non-District facilities shall be
voluntarily reduced.
2.5.4.2 Agriculture
A. Agricultural Use
1. Overhead irrigation, including by portable
volume guns, 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 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
sources 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.
B. Livestock Use Livestock water use shall be
voluntarily reduced.
C. Aquacultural Use Aquacultural water use
shall be voluntarily reduced.
D. Soil Flooding
1. Soil flooding for pest control or soil
preservation shall be prohibited.
2. Soil flooding for burning of sugarcane
prior to harvest shall be voluntarily
reduced.
3. Soil flooding to permit harvesting of sod
shall be prohibited.
E. Freeze Protection Water use for freeze
protection shall be restricted to situations in
which official weather forecasting services
predict temperatures likely to cause permanent
damage to crops.
2.5.4.3 Nursery/Urban Irrigation/Recreation
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:
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.
3. Flood irrigation systems shall be restricted
to four (4) days per month.
B. Landscape Irrigation - New Installation
1. For installations which have been in place
for less than (30) days. And:
a. Less than five (5) 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) 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 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.
C. Landscape Irrigation - Existing Installation
1. For existing installations less than five (5)
acres in size, water use for irrigation shall
be restricted to the hours of 4:00 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.
2. For existing installations five (5) 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.
D. Recreation Area Use Existing and new
recreation area water use shall be restricted as
provided in 2.5.4.3(B) and (C) respectively.
E. 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
non-daylight 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.
F. Clay Tennis Courts Use
1. Watering of clay tennis courts shall be
restricted to the hours of 12:01 P.M. to
3:00 P.M., and to 9:01 P.M. to 12:00 A.M.,
and shall be for a maximum duration of
five (5) minutes for each court during each
allowed time period.
2. Low-volume watering techniques shall be
used.
G. 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. Existing facilities shall not be refilled
except for makeup water.
2.5.4.4 Miscellaneous
A. Cooling and Air Conditioning Use 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.
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
methods. Rinsing and flushing of boats
after saltwater use shall be limited to five
(5) minutes once a day for each boat.
3. Outside pressure cleaning shall be
restricted to only low-volume methods,
Monday through Friday.
D. Aesthetic Use
1. Outside aesthetic uses of water shall be
prohibited.
2. Inside aesthetic uses of water shall be
prohibited.
2.5.5. Phase IV - Critical Water Shortage The following
restrictions shall apply when a Phase IV shortage is declared by
the District.
2.5.5.1 Essential/Domestic/Utility/Commercial
A. Essential Use
1. The use of water for fire fighting, and
health or medical purposes shall not be
restricted.
2. Fire hydrant flushing shall be undertaken
only on an emergency basis.
3. Sanitary sewer line flushing and testing
shall be undertaken only on an emergency
basis.
B. 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.
C. 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 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. Power Production Use 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. For washers 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
seventy-five (75) gallons but
more than fifty (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.
b. For washes servicing mobile
equipment weighing ten thousand
(10,000) pounds or more,
i. use in excess of hundred fifty
(150) gallons per wash shall be
prohibited.
ii. Use equal to or less than
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.
F. Diversion and Impoundment Into Non-District
Water used for diversion and impoundment into
non-District facilities shall be voluntarily
reduced.
2.5.5.2 Agriculture
A. Agricultural Use
1. Overhead irrigation, including by portable
volume guns, 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 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 Tribe has
addressed in the Work Plan.
B. Livestock Use Livestock water use shall be
voluntarily reduced.
C. Aquacultural Use Aquacultural water use
shall be voluntarily reduced.
D. Soil Flooding
1. Soil flooding for pest control or soil
preservation shall be prohibited.
2. Soil flooding for burning of sugarcane
prior to harvest shall be voluntarily
reduced.
3. Soil flooding to permit harvesting of sod
shall be prohibited.
E. Freeze Protection Water use for freeze
protection shall be restricted to situations in
which official weather forecasting services
predict temperatures likely to cause permanent
damage to crops.
2.5.5.3 Nursery/Urban Irrigation/Recreation
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:
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
3. Flood irrigation systems shall be restricted
to two (2) days per month.
B. Landscape Irrigation - New Installation
1. For installations which have been in place
for less than thirty (30) days. And:
a. Less than five (5) acres in size, water
use for irrigation shall be restricted to
the hours of 6:00 A.M. to 7:00 A.M.,
Saturday.
b. Five (5) 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 hand watering of new
landscaping shall be restricted to Monday,
Wednesday and Friday.
3. Cleaning and adjusting of new irrigation
systems shall be prohibited.
C. Landscape Irrigation - Existing Installation
1. For existing installations less than five (5)
acres in size, water use for irrigation shall
be restricted to the hours from 6:00 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.
2. For existing installations five (5) acres or
greater in size, water use for irrigation
shall be restricted to the hours from 4:00
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.
D. Recreation Area Use Existing and new
recreation area water use shall be restricted as
provided in 2.5.5.3(B) and (C) respectively.
E. 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
non-daylight hours one (1) day per week.
The front nine (9) holes shall be restricted
to Saturday and the back nine (9) holes
shall be restricted to 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 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.
F. Clay Tennis Courts Use
1. Watering of clay tennis courts shall be
restricted to the hours of 12:01 P.M. to
3:00 P.M., and to 9:01 P.M. to 12:00 A.M.,
and shall be for a maximum duration of
five (5) minutes for each court during each
allowed time period.
2. Low-volume watering techniques shall be
used.
G. Water Based Recreation Use Water based
recreation water use shall be restricted, as
follows:
1. Draining of facilities into sewers or onto
impervious surfaces shall be prohibited.
2. Filling of new or existing facilities shall be
prohibited.
3. Use of makeup water shall be prohibited.
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. Cooling and air conditioning systems shall
not discharge water to tide.
3. Reuse of waters 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
methods. Rinsing and flushing of boats
after saltwater use shall be limited to five
(5) minutes once a day for each boat.
3. Outside pressure cleaning shall be
restricted to only low-volume methods,
Monday and Wednesday.
D. Aesthetic Use
1. Outside aesthetic uses of water shall be
prohibited.
2. Inside aesthetic uses of water shall be
prohibited.
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 the 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.
2.6.2.1 Surface Water Use Basins Surface waters are
classified by surface water use basin. The surface water use
basins are grouped by region as follows (See Figure 2-2):
A. Water Conservation Area/Everglades National
Park (See Figure 2-3) 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. Water Conservation Areas/Everglades
National park Water Use Basin.
B. Lower East Coast (See Figure 2-4) The
water 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.
C. Lake Okeechobee (See Figure 2-5) The
surface 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. Lakeshore Perimeter Water Use Basin.
D. Indian Prairie (See Figure 2-6) The surface
water use basins in this area 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:
1. Indian Prairie Water Use Basin.
2. Fisheating Creek Water Use Basin.
E. Lower West Coast (See Figure 2-7) -- The
surface 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. Fakahatchee South Water Use Basin.
2.6.2.2 Ground Water Sources Ground water
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. Water Table Aquifers Ground waters directly
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. Non-Potable Floridan Aquifer.
3. Sandstone Aquifer.
4. Upper Hawthorn Aquifer.
5. Other artesian or leaky artesian aquifers.
C. Figures 2-3 through 2-7 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.
2.6.3 Method of Withdrawal Classes Each water user may
be identified by one or more of the following method 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.
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 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.
3.2.4 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 two 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.
3.2.10 Potential Yield means the amount of water that can
be 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.
3.2.11 Saline Water means an aqueous solution with a
chloride concentration greater than 250 mg/l and less than that
of seawater.
3.2.12 Saline Water Interface means the saline water
interface is that hypothetical surface of chloride concentration
between freshwater and seawater where the chloride
concentration is 250 mg/l at each point on the surface.
3.2.13 Seawater means an aqueous solution with a chloride
concentration equal to or greater than 19,000 mg/l.
3.2.14 Service Territory or Service Area means the
geographical region in which a water supplier has the ability and
the legal right to distribute water for use.
3.2.15 System Efficiency (Irrigation) means the ratio of the
volume of water utilized by a crop to the volume of water
applied.
3.2.16 Use Class means the use classes described in Chapter
2 - Water Shortage.
3.3 CRITERIA
3.3.1 General
3.3.1.1 Control Over Activities -- The Tribe must have
legal 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.
3.3.1.2 Federal Agencies -- The Tribe must provide
information on necessary approvals from agencies such as
Environmental Protection Agency, and other Federal
agencies that have control over related activities.
3.3.1.3 Minimum Stages, Levels, and Flows -- Some
withdrawals will be subject to limitations because of
minimum surface or groundwater levels, in accordance
with the requirements and objectives of the Compact and
Manual.
3.3.1.4 Environmental -- The administrative procedures
used to determine impacts are included in Chapter 1 of this
Manual.
3.3.2 Evaluation of Water Needs
3.3.2.1 Agriculture -- For agricultural uses (excluding
livestock), 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 Sprinkler 75%
Volume gun 75%
Traveling gun 75%
Overhead 75%
Trickle Drip 85%
Spray jet 85%
3-4
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 .8 3.6
Alfalfa 5.59 4.14
Avocado 3.27 2.64
Citrus 5.30 5.30
Grapes 3.48 2.16
Grass 4.37 3.42
Pasture 3.29 2.93
Sugarcane 5.31 3.97
Grain Corn 5.40 4.51
Sweet Corn 5.48 4.57
Potato 7.17 5.88
Small Vegetables 3.67 3.20
Tomato 4.96 4.18
2. Brighton Reservation (Inches per acre)
Soil Type .8 1.5 3.6
Alfalfa 5.83 5.28 4.83
Avocado 3.74 3.41 3.01
Citrus 5.30 5.30 5.30
Grapes 3.70 3.16 2.58
Grass 5.45 4.16 3.74
Pasture 3.40 3.08 2.69
Sugarcane 5.50 4.95 4.27
Grain Corn 5.58 5.17 4.72
Sweet Corn 5.66 5.25 4.79
Potato 7.36 6.82 6.31
Small Vegetables 3.92 3.59 3.18
Tomato 5.14 4.78 4.33
3. Hollywood (Dania) Reservation (Inches
per acre)
Soil Type .2 0.4 3.6
Alfalfa 6.83 6.61 4.90
Avocado 4.32 4.13 2.68
Citrus 5.30 5.30 5.30
Grapes 4.55 4.35 2.88
Grass 5.44 5.23 3.68
Pasture 3.22 3.05 1.88
Sugarcane 6.39 6.18 4.52
Grain Corn 6.48 6.26 4.60
Sweet Corn 6.57 6.35 4.67
Potato 8.42 8.17 6.27
Small Vegetables 4.61 4.41 2.94
Tomato 6.01 5.80 4.18
4. 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
3.3.2.2 Public Water Supply (Potable) -- For
potable water uses 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.
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 ratio.
Or:
2. For proposed developments, a ratio
between 1.5 and 2.0 will be used.
3.3.2.3 Industrial -- For industrial uses water
demand shall be based on the amount of water needed to
perform an industrial process in an efficient, non-wasteful
and economic manner.
3.3.2.4 Mining (Dewatering) -- For mining
(dewatering) water demand shall be based on the amount
of withdrawal required to economically and effectively
remove the material.
3.3.2.5 Livestock -- For livestock water uses, the
water needs 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.
3.3.2.6 Freeze Protection -- The water needed for
freeze protection will be evaluated when:
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 protection.
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
3.3.3.1 General -- An evaluation of the water
which can be 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 in 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 wetlands: 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 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 Contamination -- Impacts
on aquifer 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 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.
3.3.3.2 Special Provisions Applicable to Specified
Reservation 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.
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.
CHAPTER 4 -- CRITERIA FOR SURFACE
WATER MANAGEMENT SYSTEMS
4.1 INTRODUCTION
The objective of this Chapter is to identify the procedures and
information used by the District to review the Work Plan.
4.2 DEFINITIONS
4.2.1 Buffer Zone means an area adjacent to the wetland
which protects wetland functions and minimizes adverse impacts
of development on the wetland functions.
4.2.2 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.
4.2.3 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 weighed by scales, if available,
or less than fifty (50) cubic yards of solid waste per day as
measured in place after covering.
4.2.4 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."
4.2.5 Control Elevation means the lowest elevation at
which water can be released through the control device.
4.2.6 Detention means the delay of storm water runoff
prior to discharge into receiving waters.
4.2.7 Detention Volume means the volume of open surface
storage behind the discharge structure between the overflow
elevation and control elevation.
4.2.8 Discharge Structure means a structural device, usually
of concrete, metal, timber, through which water is discharged
from a project to the receiving water.
4.2.9 Elevation means the height in feet above mean sea
level according to National Geodetic Vertical Datum (NGVD).
4.2.10 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.
4.2.11 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.
4.2.12 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.
4.2.13 Protected Wetland means wetland areas 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.
4.2.14 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.
4.2.15 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.
4.2.16 Retention/Detention Area (Wet) means a water
storage area with a bottom elevation lower than one foot above
the control elevation of the area.
4.2.17 Water Management Areas means areas to be utilized
for the conveyance or storage of storm water or environmental
preservation.
4.2.18 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
or 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.
4.3 CRITERIA
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.
4.3.2 Technical
4.3.2.1 Water Quantity
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.
B. Discharge Off-site discharge is limited to
amounts which will not cause additional adverse
off-site impacts. These amounts are:
1. Historic discharges. Or:
2. Amounts determined in previous
District permit actions. Or:
3. Amounts specified in District criteria
and set forth as follows:
Canal Allowable Runoff Design Frequency
C-40, C-41 35.4 Cubic Feet 10 year
per second
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.
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.
D. Overdrainage and Water Conservation
Systems shall be designed to attempt to:
1. Maintain water table in existing District
permitted Public Water Supply wellfield
cones of depression. And:
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. Not waste freshwater. And:
5. Not lower water tables which would
adversely affect the rights of others as
protected under the Compact. And:
6. Preserve site ground water recharge
characteristics.
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 off-site 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 Water Quality
A. Standards Projects shall be designed so
that discharges will meet State water quality
standards.
B. Retention/Detention Criteria
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):
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.
b. Dry detention volume shall be
provided equal to seventy-five
percent (75%) of the above amounts
computed for wet detention.
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.
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 till be
based on a ratio of 10:1 impervious area
runoff to previous area with proportional
credit granted for greater ratios.
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. 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:
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).
b. Broward County Wellfield Protection
Ordinance contour for Zone 3.
5. Water surface and roofed areas can be
deducted from site areas for water quality
pervious/impervious calculations.
6. Different standards may be applied to
urban public highway projects.
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:
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.
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:
a. All flows will be conveyed at
non-erosive velocities.
b. The project is designed to minimize
erosion.
2. Design features in support of this,
requirement may include, but not be
limited to:
a. Slopes adequate to promote runoff
but not affect slope stability.
b. Intermediate benches or swales
which reduce runoff velocities and
limit erosion.
c. Vegetation of closed portion of
landfill.
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
system, 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.
5. Dewatering operations at active, unlined
landfills will not be permitted.
6. For Class I and II landfills the District may
require one or more of the following
additional Best Management Practices:
a. Detention in excess of the quantities
stated in 4.3.2.2(B).
b. Dry detention areas.
c. Dry conveyance swales with
adequate dimensions to permit
maintenance.
d. Filter mechanisms for additional
water quality enhancement prior to
discharge.
e. Skimmers in front of discharge
structures to restrict discharge of
floatable materials.
f. Screw gates on water control
structures capable of restricting
discharge of poor quality surface
water.
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:
a. The hydrogeologic properties of the
formations underlying the landfill,
including aquifer characteristics,
groundwater elevations and
direction, and rate of groundwater
flow.
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 design of the project to determine
the requirements which will apply for a
particular project.
F. Use of Natural Areas and Existing Water Bodies
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.
2. Man-made areas (such as borrow pits).
3. Extensive areas which have the ability to
absorb impacts easily.
4. Areas incorporated into a system with
mitigation features.
G. Underground Exfiltration Systems
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.)
2. A safety factor of two or more shall be
applied to the design to allow for
geological uncertainties.
3. A dry system is one with the pipe invert at
or above the average wet season water
table.
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.
4.3.2.3 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.
B. Man-made 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 practicable,
wetlands on-site shall be incorporated into the
surface water management system in a manner
that protects their hydroperiod and fish and
wildlife values.
C. Habitat Diversity Systems Natural systems
composed of distinct upland/wetland systems
shall be preserved where it is evident that the
two are interdependent.
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
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
pre-development hydroperiods.
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.
Proposed buffer zones shall be delineated on
the Work Plan.
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.
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.
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.
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 for preventing oil and
grease from discharging to and/or from
retention/detention areas.
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 discharges. Such receiving
waters might include existing storm sewer
systems and man-made ditches, canals and
lakes.
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.
8. Pumped systems will only be allowed
where the Tribe accepts responsibility for
perpetual operation.
B. Control Devices/Bleed-Down Mechanisms for
Detention Systems
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 first day. The devices should
incorporate dimensions no smaller than six
(6) square inches of cross sectional area,
two (2) inches minimum dimension, and
twenty degrees (20(o)) for V notches.
2. Gravity control devices shall be of a V or
circular shaped configuration to increase
detention time during minor events.
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. Dry Retention/Detention Areas (not applicable
to natural or mitigation wetland areas):
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.
3. The design of dry retention/detention
areas shall incorporate considerations for
regular maintenance and vegetation
harvesting procedures.
D. Wet Retention/Detention Areas
1. Dimensional Criteria (as measured at or
from the control elevation)
a. Area 0.5 acre minimum.
b. Width One hundred (100) feet
minimum for linear areas in excess of
two hundred (200) feet length.
Irregular shaped areas may have
narrower reaches but should average
at least one hundred (100) feet.
(Note: Area and width requirements
may be waived for projects to be
operated by the Tribe.)
c. Depth A minimum of twenty
percent (20%) of the area shallower
than six (6) feet is required up to 2.5
percent of the project waterbody and
contributing areas (including side
slopes), and twenty five to fifty
percent (25% - 50%) of the area
deeper than twelve (12) feet is
desirable.
d. Side Slopes For purposes of
water quality enhancement and
maintenance, all wet retention/
detention areas should have below
ground side slopes no steeper than
4:1 (horizontal:vertical) out to a
depth of two (2) feet below the
control elevation, or an equivalent
substitute. Side slopes should be
topsoiled, nurtured or planted from
two (2) feet below to one (1) foot
above control elevation to promote
vegetative growth. Littoral zone
vegetation growth survival shall be a
consideration of plan approval. For
above ground impoundment dikes
located where failure could cause
significant damage to non-Tribal
property, or involve loss of human
live, would create a public health
hazard, or could cause irreversible
environmental or water quality
damage, recommended side slopes
for vegetated earth should be no
steeper than 2.5:1
(horizontal:vertical) for external
slopes and 3:1 (horizontal:vertical)
for internal slopes.
For other dikes, side slopes for
vegetated earth may be increased,
but should be not steeper than 2:1
(horizontal:vertical) for dikes
external to the Tribe's property.
e. Bulkheads Bulkheads may be
allowed for no more than forty
percent (40%) of the shoreline
length, but compensating littoral
zone must be provided.
2. Support Facility Design Criteria:
a. Perimeter maintenance and
operation easements of twenty (20)
feet (minimum preferable) width at
slopes no steeper than 4:1
(horizontal:vertical) should be
provided beyond the control
elevation water line.
b. Control elevations should be no
higher than two (2) feet below the
minimum road centerline elevation
in the area served by the control
device in order to protect the road
subgrade.
E. Exfiltration Systems Exfiltration systems shall
be designed to meet the following criteria:
1. Minimum pipe diameter of twelve (12)
inches.
2. Minimum trench width of three (3) feet.
3. Rock in trench must be enclosed in filter
material, at least on the top and sides.
And:
4. All inlets shall be provided with
maintenance sumps.
F. Deep Water Bodies Water bodies shall meet
both of the following criteria:
1. Entrapped salt water, resulting from
inland migration of salt water during
hurricane tide conditions or penetration of
the freshwater/salt water interface, will
not adversely impact existing legal water
users as protected by the Compact.
2. The penetration of a water-bearing
formation exhibiting poorer water quality,
in terms of chloride concentrations, will
not adversely impact existing legal water
users as protected by the Compact, or
result in adverse environmental impacts.
G. Impervious Areas Runoff shall be discharged
from impervious surfaces through retention
areas, detention devices, filtering and cleansing
devices, and/or subjected to some type of Best
Management Practice prior to discharge from
the project site. For projects which include
substantial paved areas, such as shopping
centers, large highway intersections with
frequent stopped traffic, and high density
developments, provisions shall be made for the
water discharges.
H. Stagnant Water Conditions Configurations
which create stagnant water conditions such as
hydraulically dead end canals are to be avoided,
regardless of the type of development.
4.4 DESIGN INFORMATION
4.4.1 Antecedent Conditions Antecedent conditions for
design purposes are average wet season.
4.4.2 Rainfall Reference sources include:
-- SFWMD Technical Publication No. 81-3 and the
following distribution table:
Time Cumulative Percentage of
(hours) Peak One Day Rainfall
0 0
24 14.6
48 35.9
58 57.2
59 62.8
59.5 67.8
59.75 82.8 100% One Day
60 101.5 Rainfall
60.5 108.8
61 112.6
62 117.7
72 135.9
-- Actual gage data analyzed by accepted statistical
methods.
-- U.S. Department of Agriculture, Soil Conservation
Service, Rainfall Frequency Atlas of Alabama, Florida
Georgia and South Carolina for Durations from 30
Minutes to 24 Hours and Return Periods from 1 to 100
years (1973).
-- Florida Department of Transportation Drainage
Manual (Second Edition, revised 1978) Revised
Rainfall Intensity Curves per Directive
No. 0736-01-79.
4.4.3 Evapotranspiration Amounts can be estimated as
follows:
4.4.3.1 Groundwater depth 0 to 1' - 0.3 ET/day
4.4.3.2 Groundwater depth 1' to 2.5' - 0.2 ET/day
4.4.3.3 Groundwater depth 2.5' to 4' - 0.1 ET/day
4.4.3.4 Groundwater depth below 4' - 0 ET/day
4.4.4 Storage
4.4.4.1 Open surface If open surface storage is
to be considered in the review, the Tribe should submit
stage-storage computations. If open surface storage plus
discharge is to be considered, the stage discharge
computations should also be submitted. Actual rather than
allowable discharges shall be used in routing. Often for the
more extreme events, such as a one hundred (100) year
frequency, discharge should be ignored because the high
tail water stage in the receiving water effectively prevents
any but a negligible discharge. In such cases a mass
accounting of on-site water will suffice, if adjacent areas
can safely be ignored.
4.4.4.2 Ground The Soil Conservation Service
has made the following estimate of soil storage capability
for the normal sandy soils found within the District in their
average natural state:
Depth to Water Table Cumulative Water Storage
1' 0.6
2' 2.5
3' 6.6
4' 10.9
For the same sandy soils which have been compacted
intentionally or incidental to earthwork operations, the
cumulative storage should be reduced twenty-five percent
(25%).
Groundwater storage beneath impervious surfaces
generally appears impractical to any great degree because
of the trapped air, which water cannot displace. It further
appears impractical below four (4) feet depths, except in
high sandy coastal ridge areas, because of the relationship
between infiltration rates and runoff rates in most parts of
south Florida.
4.4.5 Infiltration and Percolation
4.4.5.1 Ground Surface Ground surface
infiltration will be reviewed on the basis of commonly
accepted procedures such as those of Soil Conservation
Services (see U.S. Department of Agriculture, Soil
Conservation Service Technical Paper No. 149, "A Method
for Estimating Volume and rate of Runoff in Small
Watersheds" (1973), and U.S. Department of Agriculture,
Soil Conservation Service Technical Release No. 55, "Urban
Hydrology for Small Watershed" (1975); or Rational
Method (see Florida State Department of Transportation,
"Drainage Manual" (2nd Edition, rev. 1978); or standard
Civil Engineering textbooks), unless test data are submitted
to justify other procedures.
4.4.5.2 Subsurface Subsurface exfiltration
will be reviewed only on the basis of representative or
actual test data submitted by the Tribe. Tests shall be
consistent as to elevation, location, soils, with the system
design to which the test data will be applied. The Dade
County Department of Environmental Resource
Management and Florida Department of Transportation
are suggested as reference sources to the Tribe for test
procedures and design and maintenance performance of
subsurface exfiltration systems.
4.4.6 Runoff The usual methods of computation are as
follows:
A. Rainfall minus losses and storage.
B. Soil Conservation Service (see U.S. Department of
Agriculture, Soil Conservation Service, "National
Engineering Handbook, Section 4, Hydrology" - 1972),
with extra attention to hydrologic accounting of
water table conditions.
C. Rational method, for water quality
retention/detention purposes.
4.4.7 Receiving Water Stage
4.4.7.1 Regulated Systems Design and
maintained stage elevations should be available either
from the local jurisdiction or the District. Stages for
frequencies other than the design will be estimated by the
District upon request from the Tribe.
4.4.7.2 Non-Regulated Systems The Tribe
should compute receiving water stages for such systems
from the best available data and submit the results to the
District for review and concurrence before utilizing such
results in further computations.
4.4.7.3 Any System Variable tailwater stages
should be considered if they have a significant influence on
the design.
4.4.8 Discharge
4.4.8.1 Allowable Discharges Peak discharge, for
purposes of meeting maximum allowable discharges, may
normally be computed as the maximum average discharge
over a time period equal to the time of concentration of
the contributory area.
4.4.8.2 Non-Urban Gravity Systems Rural gravity
systems which are to be connected to District facilities are
generally reviewed on the basis of the discharge culvert
operating at a fixed head loss to meet the allowable
discharge rate. This basis is justified by the estimate that
the upstream headwater generated by rural runoff will be
unable to collect at the upstream culvert and appreciably
faster than the rate at which the receiving water rises.
CHAPTER 5 -- CRITERIA
FOR WELL CONSTRUCTION
5.1 INTRODUCTION
The objective of this Chapter is to outline the standards for the
construction, alteration, operation, maintenance, and abandonment
of any water well.
5.2 DEFINITIONS
5.2.1 Annulus or Annular Space means any artificially
created void existing between a well casing or liner pipe and a
borehole wall, or the space between two casings or liner pipes.
5.2.2 Aquifer means a geologic formation, group of
formations, or part of a formation that contains sufficient
saturated permeable material to yield useful quantities of
groundwater to wells and springs.
5.2.3 Casing Diameter or Diameter of Casing means the
largest inside diameter of the final casing.
5.2.4 Dewatering means the use of wells or other such
equipment to temporarily lower a water level, as may be
necessary during construction activities.
5.2.5 Drive Shoe means any device specifically designed,
fabricated, and installed to protect the end of a well casing or
liner pipe from collapse or other damage while the casing or liner
pipe is being driven into place in a well.
5.2.6 Gang Well means a system where two (2) or more
water wells are coupled together with a common header or
manifold.
5.2.7 Grout means a mixture of water, Portland cement
(American Concrete Institute type I; American Concrete Institute
type II, Class H; American Concrete Institute type III; or any
other types of cement approved by the District), and sand (not more
than two (2) parts of sand to one (1) part of cement by weight),
and other additives listed under 5.2.11, or other additives
approved by the District. Grout composition shall not exceed six
(6) gallons of water per cubic foot of cement.
5.2.8 Inspection Port means any opening not less than
three-quarters (3/4) inch in diameter through which
unobstructed access to the inside of the casing can be obtained
for measuring water levels. Inspection ports shall be threaded
openings temporarily sealed with a removable watertight plug.
5.2.9 Liner means a metallic or non-metallic pipe which is
installed either within the outer casing to improve, repair, or
protect the outer casing, or below the outer casing to seal off
caving material which may be encountered in the open hole of
the well.
5.2.10 Monitoring Well means a well used primarily to
monitor hydrologic parameters such as water levels or water
quality.
5.2.11 Neat Cement Grout means grout without addition of
sand but may include bentonite (not to exceed five (5) pounds
per ninety-four (94) pound sack of cement), calcium chloride (not
to exceed 3 lbs. per 94 lb. sack of cement), or retarder (not to
exceed 1 lb per 94 lb. sack of cement), or other admixtures
approved by the District to reduce permeability or shrinkage,
increase fluidity, adjust slurry weight and/or control set time.
Neat cement grout composition shall not exceed six (6) gallons of
water per cubic foot of cement.
5.2.12 Observation Well means a well used primarily to
observe the elevation of the water table or potentiometric
surface, or to determine water quality in the aquifer.
5.2.13 Public Water Supply Well means a well constructed
for the purpose of supplying water to a public water system.
5.2.14 Public Water System means a system designed to
provide to the public piped water for human consumption, if
such a system has at least fifteen (15) service connections, or
regularly serves at least twenty-five (25) individuals daily, at
least sixty (60) days out of the year.
5.2.15 Sand-Point Well means any device which is driven
into place in unconsolidated earth materials, and which consist
of a pipe with an attached perforated metal tube or screen,
designed to permit the passage of water.
5.2.16 Test Hole means an artificial hole in the ground
drilled, bored, cored, washed, or jetted, the intended use of
which includes obtaining data for engineering and/or for
geophysical or geological exploration; prospecting for minerals
or products of mining or quarrying; not for the purposes of
either producing, disposing of, or searching for water.
5.2.17 Well means a water well, but specifically excludes a
test hole, an observation well or a monitoring well.
5.2.18 Well Casing means a metallic or non-metallic pipe
installed in a borehole to prevent caving, provide structural
strength, seal off zones of poor water quality, or prevent the
interchange of waters between aquifers.
5.3 CONSTRUCTION, REPAIR AND ABANDONMENT STANDARDS --
This Part relates to the standards and criteria for the construction,
repair and abandonment of wells.
5.2.1 Construction Methods -- Wells must be so
constructed, cased, grouted, plugged, capped, or sealed as to
prevent uncontrolled surface flow, uncontrolled movement of
water from one aquifer or zone to another, contamination of
groundwater or surface water resources, or other adverse
impacts.
5.3.2 Location -- Wells shall be located so as not to pose a
threat of contamination to the water resource.
5.3.3 Casing and Liner Pipe Standards
5.3.3.1 Well casing and liner pipe shall be new, or
shall be pipe or casing in like new condition. Such casing or
pipe shall not be used unless free of leaks, corrosion, and
dents; is straight and true, and is not out of round. Welded
or seamless black or galvanized pipe or casing, or stainless
steel pipe or casing, or approved types of non-metallic pipe
shall be used for well casing or liner pipe.
Well casing installed by driving, shall not have less than the
dimensions and weights specified in Table 1, unless
otherwise approved by the District, and shall conform to
the American Society for Testing and Materials (ASTM) A53-77A
Type S, Grade A, except as noted below.
Table 1
MINIMUM DIMENSIONS AND WEIGHTS FOR
BLACK OR GALVANIZED STEEL CASING OR
LINER PIPE INSTALLED BY DRIVING
nominal outside wall plain end
size diameter thickness weight
(in.) (in.) (in.) (lbs./ft)
3 3.500 0.216 7.58
3.5 4.000 0.226 9.11
4 4.500 0.237 10.79
or 0.188 or 8.62
5 5.563 0.258 14.62
6 6.625 0.280 18.97
8 8.625 0.277 24.70
10 10.750 0.307 31.20
12 12.750 0.330 43.77
5.3.3.2 Black or galvanized steel casing or line
pipe set into place without driving shall not have less than
the dimensions and weights specified in Table 2 and shall
conform to the American Petroleum Institute (API)
Standard 5L, Grade A.
Table 2
MINIMUM DIMENSIONS AND WEIGHTS FOR
BLACK OR GALVANIZED STEEL CASING OR
LINER PIPE SET INTO PLACE WITHOUT DRIVING
nominal outside wall plain end
size diameter thickness weight
(in.) (in.) (in.) (lbs./ft)
3 3.500 0.125 4.51
3.5 4.000 0.134 5.53
4 4.500 0.142 6.61
5 5.500 0.154 8.79
5.5 6.000 0.164 10.22
6 6.625 0.185 12.72
8 8.625 0.188 16.90
5.3.3.3 Black or galvanized steel casing installed
by driving with a nominal size between twelve (12) and
thirty (30) inches shall have minimum wall thickness of
0.375 inches and shall be of weights as specified by
American National Standards for Wrought Steel and
Wrought Iron Pipe ANSI B36.10-1970, for standard pipe.
Pipes larger than thirty (30) inches shall have a minimum
wall thickness of 0.500 inches and shall be of weights as
specified by American National Standards for Wrought
Steel and Wrought Iron Pipe ANSI B36.10-1970, for
standard pipe.
Four (4) inch nominal size pipe with a wall thickness of
0.188 shall be certified by the manufacturer to be in
accordance with American Petroleum Institute (API)
Standard 5L or ASTM A589-73, A120-77, A53-77A,
A252-77A Grade 2.
5.3.3.4 Black or galvanized steel casing or liner
pipe set into place without driving, with an outside
diameter less than 3.500 inches shall have a wall thickness
of not less than 0.125 inches. Black or galvanized steel
casing or liner pipe with a nominal size between eight (8)
and sixteen (16) inches shall have a wall thickness of not
less than 0.250 inches. Steel casing or liner pipe with a
nominal size of sixteen (16) inches or more shall have a wall
thickness of not less than 0.375 inches.
5.3.3.5 Stainless steel pipe used for casing or liner
pipe shall be Schedule 10S of the American National
Standards Institute (ANSI B 36.19-1976), or stronger
classification.
5.3.3.6 Polyvinyl Chloride (PVC) pipe may be used
for well casing or liner pipe. Any PVC pipe used to construct
a water well shall have been marked by the manufacturer,
under a method specified by the national Sanitation
Foundation, Ann Arbor, Michigan, as suitable for use in
potable water systems. Any PVC pipe larger than 4.5 inches
outside diameter used for well construction or repair shall
have a working pressure rating of not less than 200 p.s.i at
seventy-three degrees (73(o)) Fahrenheit or shall be ASA
Schedule 40. Other non-metallic pipe may be approved by
the District.
5.3.3.7 Steel well casing and liner pipe may be
joined in a watertight manner by threaded couplings or
electrical welding methods. PVC pipe shall be joined by
solvent bonded or threaded couplings or other approved
method which shall meet the strength requirements of
casing as specified in 5.3.3.6 above.
5.3.3.8 Non-metallic and stainless steel well casing
or liner pipe shall not be installed or seated by driving,
unless prior approval is obtained from the District.
For well casing or liner pipe installed by driving, the casing
or pipe shall not butt together inside threaded couplings
unless the joint is electrically welded so as to be completely
watertight. A drive shoe is required for use on casing or
pipe installed by driving unless exempted by the District.
5.3.4 Well Construction Requirements
5.3.4.1 In the construction of a well, reasonable
caution shall be taken to maintain the premises in sanitary
condition and to minimize the entrance of contaminants
into the water resource. Water and materials used in
construction shall be reasonably free of contamination.
5.3.4.2 Wells which penetrate multiple aquifers or
zones shall be completed so as to prevent
cross-contamination of different aquifers or zones if
significantly different water quality exists between these
aquifers or zones, and to prevent leakage of water from
one aquifer or zone to another aquifer or zone.
5.3.4.3 Casing shall extend from above top of
grade to the well screen for wells finished into
unconsolidated aquifers.
A. The well screen shall be attached to the casing
with a watertight seal. Or:
B. Be sealed against the casing with a packer. Or:
C. The screen assembly shall overlap the casing by
at least ten (10) feet.
5.3.4.4 Wells finished into consolidated aquifers,
require a continuous casing to extend from above top of
grade into the top of the aquifer. For artesian wells the
casing shall penetrate the entire thickness of the overlying
formations above the aquifer or producing zone within the
aquifer.
5.3.4.5 Notwithstanding the provisions of 5.3.4.4
above, the District may grant waivers for seating of casing
within the confining zone above an artesian aquifer on a
case-by-case basis when, in the opinion of the District,
extending casing to the top of the aquifer would present
undue hardship, provided that:
A. The casing extends a sufficient distance into the
confining zone so as to prevent movement of
water from the artesian aquifer to overlying
aquifers.
B. The District determines that such construction
will not adversely affect the water resources.
5.3.4.6 In all cases casing shall extend from land
surface to a minimum of three (3) feet below land surface.
5.2.5 Grouting and Sealing Wells shall be grouted and
sealed to protect the water resource from degradation caused by
movement of waters along the well annulus either from the
surface to the aquifer or between aquifers, and to prevent loss of
artesian pressure in artesian aquifers. All wells shall be
constructed and sealed using a method which insures that an
open or unnaturally permeable annular space does not remain
when a well is completed.
5.3.5.1 The casing shall be centered in the
borehole prior to grouting and sealing. In those cases
where, during grouting operations, circulation of the grout
is lost so that the annular space being grouted cannot be
filled in one continuous operation, a tremie pipe shall be
installed in the annular space to a point immediately above
the zone of lost circulation, and the annulus shall be
bridged at that point by sand and other approved material
introduced through the pipe. Grouting or sealing of the
annular space shall be completed using the pipe or other
approved methods. A tremie pipe, or other approved
technique, may also be used to complete grouting when
the total volume of grout to be emplaced exceeds that
which can be safely emplaced in one continuous operation.
The minimal set time for grouting of casing before drilling
operations may continue, shall be twelve (12) hours.
5.3.5.2 Wells less than four (4) inches in diameter
must have a minimum of a one (1) inch annular space for
grouting. Wells equal to or greater than four (4) inches in
diameter must have an annular space equal to or greater
than two (2) inches for grouting.
5.3.5.3 Wells constructed in unconsolidated
formations by any method which creates an annular space
shall be grouted no more than ten (10) feet above the top
of the screen to land surface.
5.3.5.4 The District may grant individual
exceptions or may exempt any areas of Tribal lands from
the requirements of grouting the annular space of that part
of the well which penetrates an unconsolidated formation,
except that the uppermost three (3) feet of the casing must
be grouted to provide protection from contaminated
surface water.
5.3.5.5 All other wells shall be grouted from the
bottom of the casing to land surface.
5.3.5.6 Grouting and sealing of water wells shall
be accomplished by the practices and methods
recommended by section A1-8.4 of AWWA A100-66,
AWWA Standard for Deep Wells, American Water Works
Association, Inc., or other methods approved by the District.
5.3.5.7 Wells constructed by methods which
require driven well casing are exempt from section 5.3.5,
provided the following conditions are met:
A. Casing shall be driven from land surface to its
final depth in a borehole smaller in diameter
than nominal outside diameter of the casing
used, or be driven from land surface to its final
depth ahead of the drill bit.
B. A drive shoe is used.
C. No annular space exists after casing is installed.
D. The uppermost three (3) feet of the casing must
be grouted to provide protection from
contaminated surface water.
E. The well is sealed in accordance with subsection
5.3.5.9.
F. All other requirements of Part 5.3 are met.
5.3.5.8 Temporary Well Seals Whenever
there is a temporary interruption in work on the well
during construction, repair, or abandonment, the well
opening shall be sealed with a substantial watertight cover.
Except for those areas of the District designated by the
District, any well in which pumping equipment is installed,
seasonally or periodically shall, whenever pumping
equipment is not installed, be capped with a watertight cap
or valve. If a temporary well seal is installed, an
unobstructed inspection port must be provided for wells six
(6) inches or greater in diameter.
5.3.5.9 Permanent Well Seals Wells located
on ground subject to flooding shall be properly sealed to
prevent the movement of contaminants and surface water
into the well. The upper end of the well casing shall include
a watertight seal with any vent above the one hundred
(100) year flood level. Pumping equipment and any
necessary pipe or electrical connections shall be so installed
as to prevent inadvertent introduction of contaminants
into the well. Pumping equipment and any necessary
piping or electrical connections installed within the casing
shall be installed through a well seal. An unobstructed
inspection port equipped with a temporary removable plug
shall be provided and accessible at the wellhead for wells
six (6) inches or greater in diameter.
5.3.6 Explosives The use of explosives in well
construction or development is prohibited unless specifically
approved by the District.
5.3.6 Flowing Wells If the well flows at land surface, each
well shall be provided with a valve so adjusted that only a supply
of water is available which is necessary for ordinary use by the
Tribe. Upon determination by the District that the water in an
artesian well is of such poor quality as to have an adverse impact
upon an aquifer or other water body which serves as a source of
public drinking water, or which is likely to be such a source in
the future, such well shall be plugged in accordance with 5.3.8.
5.3.8 Abandoned Well Plugging
5.3.8.1 Any well which was not constructed in
accordance with the standards of Part 5.3 and fails to be
corrected upon written notice shall be deemed an
abandoned well.
5.2.8.2 Any well which is an abandoned artesian
well under section 5.3.7 or subsection 5.3.8.1, shall be
plugged in accordance with subsection 5.3.8.3.
5.3.8.3 All abandoned wells shall be plugged by
filling them from bottom to top with neat cement grout.
The plugging shall be to restore or improve the hydrologic
conditions which existed before the well was constructed.
CHAPTER 6 -- CRITERIA FOR
UNDERGROUND INJECTION PROJECTS
6.1 INTRODUCTION
6.1.1 General
6.1.1.1 All projects involving underground
injection as defined in 40 CFR 144, shall be reviewed by the
District for appropriateness to the hydrogeology of the
area, to ensure that the project will not interfere with
designated uses of water, and is consistent with the terms
and conditions of the Compact. In performing this review,
the District shall consider whether the minimum criteria set
forth under 40 CFR 144 and all other applicable federal
legislation have been met. The District shall also consider
the extent to which the project meets the standards and
specifications applicable to similar projects within the
District but not constructed on Tribal lands or Reservations.
District's approval of an underground injection well or
project shall be contingent on the injection well or project
meeting the minimum requirements outlined below.
6.1.1.2 Purpose The purpose of the District
review is to ensure that the proposed project is designed to
protect the quality of the State's underground sources of
drinking water and to prevent degradation of the quality
of other aquifers adjacent to the injection zone that may be
used for other purposes. This purpose may be achieved
through the construction and operation of injection wells
in such a way that the injected fluid remains in the injection
zone, and that unapproved interchange of water between
aquifers is prohibited.
6.1.1.3 Scope
A. The District review will cover all injection wells
defined below, as Class I, III, IV and V wells.
B. Injection wells defined as Class II wells below,
are not included in this Chapter.
C. Specific Inclusions The following wells are
included among those types of injection
activities which are covered by this Chapter.
(This list is not intended to be exclusive but is for
clarification only.)
1. Any injection well other than a Class II well
located on a drilling platform inside
Florida's territorial waters.
2. Any dug hole or well that is deeper than its
largest surface dimension, where the
principal function of the hole is
emplacement of fluids.
3. Any septic tank or cesspool used by
generators of hazardous waste, or by
owners or operators of hazardous waste
management facilities, to dispose of fluids
containing hazardous waste.
D. Specific Exclusions The following are not
covered by this Chapter:
1. Injection wells located on a drilling
platform or other site that is beyond
Florida's territorial waters.
2. Any septic tank systems subject to Chapter
10D-6, Florida Administrative Code, and any
individual or single family residential waste
disposal systems.
3. Any dug hole which is not used for emplacement
of fluids underground.
4. Any well utilized in conjunction with the
operation of an earth-coupled heat pump
system as defined below.
6.1.2 Definitions When used in this section, the
following words shall have these meanings unless the context
clearly indicates otherwise:
6.1.2.1 Abandoned Well means a well, the use of
which has been permanently discontinued or which is in a
state or disrepair such that it cannot be used for its
intended purpose or for observation purposes.
6.1.2.2 Acidizing means the injection of acid
through the borehole or "well" into a "formation" to
increase permeability and porosity.
6.1.2.3 Allowable Stress means the allowable
stress for a material is the maximum stress that may be
safely applied, which equals the yield-point stress divided
by an appropriate factor of safety.
6.1.2.4 Annular Monitor Well means any pipe or
tubing which is permanently placed in the annulus of an
injection well to monitor a discrete zone.
6.1.2.5 Annulus or Annular Space means any
artificially created void existing between a well casing or
liner pipe and a borehole wall, or between two (2) casings
or between tubing and casing or liner pipe.
6.1.2.6 Aquifer means a geological formation,
group of formations or part of a formation that is capable
of yielding a significant amount of water to a well or
spring.
6.1.2.7 Area of Review means the area
surrounding an "injection well," described according to the
criteria set forth in 6.1.3.2, or in the case of a well
field, the project area plus a circumscribing area with a
fixed width of not less than one (1) mile.
6.1.2.8 Casing means a pipe or tubing of
appropriate material, of varying diameter and weight,
lowered into a borehole during or after drilling in order to
support the sides of the hole and thus prevent the walls
from caving, to prevent loss of drilling mud into porus
ground, or to prevent water, gas, or other fluid from
entering or leaving the hole.
6.1.2.9 Catastrophic Collapse means the sudden
and utter failure of adjacent or overlying strata which has
been caused by removal of underlying materials.
6.1.2.10 Cementing means the operation whereby
a cement slurry is pumped into a drilled hole or forced
behind the casing.
6.1.2.11 Centralizer means a casing accessory used
to properly align a casing within the open hole, or to
properly align one (1) casing within another casing, or to
properly align a tubing within a casing.
6.1.2.12 Cluster Well means a well where two
(2) or more monitor tubes of different lengths are
emplaced within a single borehole to monitor two (2) or
more discrete zones.
6.1.2.13 Confining Bed means a layer of
impermeable or distinctly less permeable material
stratigraphically adjacent to one (1) or more aquifers.
6.1.2.14 Confining Zones means a geological
formation, group of formations, or part of a formation that
is capable of limiting fluid movement from an injection
zone.
6.1.2.15 Contaminant means any substance which
is harmful to plant, animal or human life.
6.1.2.16 Conventional Mine means an open pit or
underground excavation for the production of minerals.
6.1.2.17 Disposal Well means a well used for the
disposal of waste into a subsurface stratum.
6.1.2.18 Dry Well means a well usually lined or
filled with rocks which holds drainage water until it
percolates into the ground.
6.1.2.19 Earth-Coupled Heat Pump System means
any space heating/cooling system in which water
containing no additives is circulated through a continuous
section of buried pipe, such that the earth is utilized as a
thermal exchange medium, but no fluid is either extracted
from, or injected into, any underground formation.
6.1.2.20 Emergency Disposal Method means an
effluent disposal method that, after prior District approval,
is only available for short term discharge under emergency
conditions when the primary disposal method is
inoperable.
6.1.2.21 Exempted Aquifer means an aquifer, or its
portion that meets the criteria in the definition of
"underground source of drinking water," but which has
been exempted according to the procedures of 40 CFR
144.7.
6.1.2.22 Experimental Technology means a
technology which has not been proven feasible under the
conditions in which it is being tested.
6.1.2.23 Exploratory Pilot Hole means a hole
drilled for the purpose of obtaining subsurface
information, or as a guide for the drill bit to follow when
drilling the final hole.
6.1.2.24 Exploratory Well means a cased well
drilled in an area in which there is limited hydrologic and
geologic data, to obtain sufficient data to determine the
feasibility of injection. With prior District approval, an
exploratory well may be plugged and abandoned,
converted to a monitor well, or used as an injection well if
it meets all applicable standards for a Class I well.
6.1.2.25 Facility or Activity means an "injection
well system," or any other facility or activity that is
subject to this Chapter.
6.1.2.26 Factor of Safety means the ultimate load
divided by the safe load, or the ultimate strength divided
by the allowable stress.
6.1.2.27 Fault means a surface or zone of rock
fracture along which there has been displacement.
6.1.2.28 Flow Rate means the volume per unit time
of the flow of fluids which emerge from an orifice, pump,
turbine, or which pass along a conduit or channel.
6.1.2.29 Fluid means material or substance which
flows or moves, whether in a semi-solid, liquid, sludge, gas,
or any other form or state.
6.1.2.30 Formation means a body of rock
characterized by a degree of lithologic homogeneity or
similarity, which is prevailingly, but not necessarily,
tabular and is mappable on the earth's surface or traceable
in the subsurface.
6.1.2.31 Formation Fluid means fluid present in a
formation under natural condition, as opposed to
introduced fluids, such as drilling mud.
6.1.2.32 Ground Water means water below the
land surface in a zone wherein all of the interstices are
filled with water.
6.1.2.33 Hazardous Waste means a hazardous
waste as defined in 40 CFR 261.3.
6.1.2.34 Hydrogeology means the branch of
hydrology that deals with ground water, its occurrence and
movements, its replenishment and depletion, the
properties of rocks that control ground water movement
and storage, and the methods of investigation and use of
ground water.
6.1.2.35 Injection Pressure means the pressure
required to inject fluid, as measured at the wellhead.
6.1.2.36 Injection Well means a well into which
fluids are being or will be injected, by gravity flow or under
pressure.
6.1.2.37 Injection Well System means the portion
of the disposal system from the effluent side, or pressure
side, of the injection pump to the bottom of the injection
well.
6.1.2.38 Injection Zone means a geological
formation, group of formations, or part of a formation
receiving fluids directly through a well.
6.1.2.39 Lithology means the description of rocks
on the basis of their physical and chemical characteristics.
6.1.2.40 Multi-Horizon Monitor Well means any
well which is used to monitor in each of two (2) or more
discrete zones.
6.1.2.41 New Injection Well means a well which
has not been approved by the District and which began
injection after the effective date of the Compact.
6.1.2.42 On-Site Monitor Well means a well
associated with an injection well or facility, that is used
primarily to monitor the mechanical integrity of the
injection well(s) and/or to monitor the effectiveness of the
confining beds overlying the injection zone.
6.1.2.43 Overdrill means the amount by which the
nominal diameter of the open hole exceeds the diameter of
the casing to be set in the hold.
6.1.2.44 Owner means the Tribe, person, entity, or
corporation with legal title to the property on which an
injection well exists.
6.1.2.45 Packer means a device lowered into a well
to produce a fluid-tight seal.
6.1.2.46 Plugging means the act or process of
stopping the flow of water, oil, or gas into, or out of, a
formation through a borehole or well penetrating that
formation.
6.1.2.47 Radioactive Waste means any waste which
contains radioactive material in concentrations which
exceed those listed in 10 CFR Part 20, Appendix B, Table II,
Column 2.
6.1.2.48 Regional Monitor Well means a well used
primarily to monitor the distant effects of injection from
one (1) or more injection facilities.
6.1.2.49 Satellite Monitor Well means a well
associated with an injection facility that is used primarily
to monitor the effects of injection from a single injection
well or facility.
6.1.2.50 Subsidence means the lowering of the
natural land surface in response to: Earth movements;
lowering of fluid pressure; removal of underlying
supporting material by mining or solution of solids, either
artificially or from natural causes; compaction due to
wetting (hydrocompaction); oxidation of organic matter in
soils; or added load on the land surface.
6.1.2.51 Surface Casing means the first string of
well casing to be installed in the well.
6.1.2.52 Test Well means the first injection well
constructed in a well field, which is used for specific
formation testing and to prove the feasibility of the
injection well system. A test well is designed to be used as
an injection well, if injection is proved feasible and
environmentally acceptable.
6.1.2.53 Tubing means piping material placed
inside the final string of casing to protect the casing, and
to convey the injected fluid to the injection zone.
6.1.2.54 Underground Source of Drinking Water
means an "aquifer" or its portion which meets the
definition in 40 CFR 144.3.
6.1.2.55 Well means a bored, drilled or driven
shaft, or a dug hole, which has a depth greater than the
diameter of the largest surface dimension.
6.1.2.56 Well Casing means a metallic or
non-metallic pipe installed in a borehole to prevent caving,
provide structural strength, seal off subsurface zones, or
prevent the interchange of waters between aquifers.
6.1.2.57 Well Injection means the subsurface
emplacement of fluids through a well by gravity flow or
under pressure.
6.1.2.58 Well Log means a record obtained from a
well that provides data on well construction or the
formations penetrated.
6.1.2.59 Well Monitoring means the measurement,
by on-site instruments or laboratory methods, of the
physical, chemical, or biological parameters required to
evaluate the performance of an injection well system.
6.1.2.60 Well Plug means a watertight and gastight
seal installed in a borehole or well to prevent movement of
fluids.
6.1.2.61 Well Record means a concise statement of
the available data regarding a well.
6.1.2.62 Well Stimulation means any of several
processes used to clean the well bore, enlarge channels,
and increase pore space in the interval to be injected, thus
making it possible for injected fluids to move more readily
into the formation, and includes, but is not limited to: 1)
surging; 2) jetting; 3) blasting; 4) acidizing; 5) hydraulic
fracturing.
6.1.3 General Provisions
6.1.3.1 Classification of Injection Wells Injection
wells are classified as follows:
A. Class I
1. Wells used by generators of hazardous
wastes, or by owners or operators of
hazardous waste management facilities to
inject hazardous waste beneath the
lowermost formation containing, within
one quarter (1/4) mile of the well bore, an
underground source of drinking water.
2. Other industrial and municipal (publicly or
privately owned) disposal wells which
inject fluids beneath the lowermost
formation containing, within one quarter
(1/4) mile of the well bore, an
underground source of drinking water.
B. Class II Wells which inject fluids:
1. Which are brought to the surface in
connection with conventional oil or
natural gas production and may be
commingled with waste waters from gas
plants, which are an integral part of
production operations, unless those waters
are classified as a hazardous waste at the
time of injection.
2. For enhanced recovery of oil or natural
gas. And:
3. For storage of hydrocarbons which are
liquid at standard temperature and
pressure.
C. Class III Wells which inject for extraction of
minerals, including:
1. Mining of sulfur by the Frasch process.
2. Solution mining of minerals. (Note:
Solution mining of minerals includes
sodium chloride, Potash, phosphate,
copper, uranium and any other mineral
which can be mined by this process.)
D. Class IV Wells by generators of
hazardous wastes or of radioactive wastes, by
owners or operators of hazardous waste
management facilities, or by owners or
operators of radioactive waste disposal sites to
dispose of hazardous wastes or radioactive
wastes into, or above a formation which, within
one quarter (1/4) mile of the well, contains
either an underground source of drinking water
or an exempted aquifer.
E. Class V Injection wells not included in Class I,
II, III, or IV. Class V wells, which are grouped
together by expected quality of the injection
fluid, include:
1. Group 1
a. Air conditioning return flow wells
used to return, to any aquifer, the
water used for heating or cooling.
An air conditioning supply well, heat
pump, and return flow well used to
inject water containing no additives
into the same permeable zone from
which it was withdrawn constitute a
closed loop system.
b. Cooling water return flow wells used
to inject water previously used for
cooling.
2. Group 2
a. Recharge wells used to replenish,
augment, or store water in an
aquifer.
b. Salt water intrusion barrier wells
used to inject water into a fresh
water aquifer to prevent the
intrusion of salt water into the fresh
water.
c. Subsidence control wells (not used
for the purpose of oil or natural gas
production) used to inject fluids into
a zone which does not produce oil or
gas to reduce or eliminate subsidence
associated with the overdraft of fresh
water.
d. Connector wells used to connect two
(2) aquifers to allow interchange of
water between those aquifers.
3. Group 3
a. Wells which are part of domestic
waste treatment systems.
b. Swimming pool drainage wells.
c. Devices receiving wastes, which have
an open bottom and sometimes have
perforated sides. This Chapter does
not apply to single family residential
waste disposal systems.
d. Wells used to inject spent brine into
the same formation from which it
was withdrawn after extraction of
halogens or their salts.
e. Injection wells used in experimental
technologies.
4. Group 4
a. Dry wells used for the injection of
wastes into a subsurface formation.
b. Sand backfill wells used to inject a
mixture of water and sand, tailings or
other solids, into mined out portions
of subsurface mines.
c. Wells other than Class IV used to
inject radioactive waste, provided the
concentrations of the waste do not
exceed federal drinking water
standards.
d. Injection wells used for in situ
recovery of phosphate, uraniferous
sandstone, clay, sand, and other
minerals extracted by the borehole
slurry mining method.
5. Group 5 Drainage wells used to drain
surface fluid, primarily storm runoff or lake
level, (by gravity flow) into a subsurface
formation.
6. Group 6
a. Injection wells associated with the
recovery of geothermal energy for
heating, aquaculture and production
of electric power.
b. Other wells.
6.1.3.2 Area of Review
A. An area of review, which shall apply to each
Class I and Class III well, well field, project or
area of the State, and which may apply to a Class V
injection well, shall be determined by the Tribe
taking into account the zone of endangering
influence, which is the area in which the
increased pressures in the injection zone may
cause the migration of the injected, and
formation fluid into an underground source of
drinking water. The area of review is the land
surface overlying the zone of endangering
influence.
B. In determining the area of review, the
information to be used shall include, but not be
limited to: Chemical, physical, and biological
characteristics of the injection fluids and
formation fluids; hydrogeology; appropriate
mathematical models, if available, for
computing pressure and concentration charges
in the injection zone as a function of distance
and time; population; ground water use and
dependence; and historical practices in the area.
A radius around the injection well of one (1)
mile shall be a minimum. In the case of a well
field project, a fixed width of not less than one
(1) mile for the circumscribing area shall be a
minimum.
6.1.3.3 Corrective Action
A. Coverage The Tribe, for Class I or Class III
injection well proposals, shall identify, and for
any Class V well may identify, the location of all
known wells within the area of review for the
injection well(s) which penetrate the injection
zone or confining zone. For such wells on Tribal
lands, which are in use or improperly sealed,
completed, or abandoned, the Tribe shall also
submit a plan describing such steps or
modifications as are necessary to prevent
movement of fluid into underground sources of
drinking water ("corrective action").
B. Criteria and Factors In determining the
adequacy of corrective action proposed by the
Tribe under (A) of this subsection and in
determining the additional steps needed to
prevent fluid movement into underground
sources of drinking water, the following criteria
and factors shall be considered.
1. Nature, volume, and injection rate of the
injected fluid.
3. Nature of native fluids, or by-products of
injection.
3. Potentially affected population.
4. Geology.
5. Hydrology.
6. History of the injection operation.
7. Completion and plugging records for all
wells.
8. Abandonment procedures in effect at the
time the well was abandoned.
9. Hydraulic connections with underground
sources of drinking water.
10. Life of injection well. And:
11. Pressure considerations.
C. Requirements
1. Existing Injection Wells Any proposal
for an existing injection well requiring
corrective action shall include a schedule
for completion of any corrective action
prescribed by, or acceptable to, the
District. In addition, schedules for
corrective action shall require completion
of the corrective action not later than
three (3) years after the effective date of
the plan.
2. New Injection Wells No new injection
well may commence injection until all
required corrective action has been
completed. Construction of a new
injection well prior to the completion of all
required action will not be approved
unless the Tribe can affirmatively
demonstrate that such construction will
not pose a threat to the quality of the
waters of the State.
3. Class III Wells Only When setting
corrective action requirements, the District
and the Tribe shall consider the overall
effect of the project on the hydraulic
gradient in potentially affected
underground sources of drinking water,
and the corresponding changes in
potentiometric surface(s) and flow
direction(s) rather than the discrete effect
of each well. If a decision is made that
corrective action is not necessary, based on
the determinations above, the monitoring
program required in section 6.2.5 shall be
designed to verify the validity of such
determinations.
6.1.3.4 Mechanical Integrity
A. An injection well has mechanical integrity if:
1. There is no leak in the casing, tubing or
packer. And:
2. There is no fluid movement into an
underground source of drinking water
through channels adjacent to the injection
well bore.
B. One of the following tests shall be used to
evaluate the absence of leaks under
subparagraph (A)(1) of this subsection:
1. Monitoring of annulus pressure. Or:
2. Pressure testing of inner casing or tubing.
C. One of the following methods shall be used to
determine the absence of fluid movement under
subparagraph (A)(2) of this subsection:
1. A temperature or noise log, and
monitoring of adjacent overlying aquifers.
Or:
2. A temperature or noise log, monitoring of
adjacent overlying aquifers, and
radioactive tracer logs.
D. The use of tests to demonstrate mechanical
integrity, other than those listed in paragraph
(B) and subparagraph (C)(1) of this subsection,
may be allowed with written approval from the
District.
E. In conducting and evaluating the tests
enumerated in this subsection, or others to be
allowed by the District, the Tribe shall apply
methods and standards generally accepted in
the industry. When the Tribe reports the results
of mechanical integrity tests, the Tribe shall
include a description of the test(s) and the
method(s) used. Monitoring and other test data
submitted since the previous evaluation shall be
assessed and reviewed.
F. A plan for any Class I or III well or injection
project which lacks mechanical integrity shall
not be - and for any Class V well may not be
approved until the Tribe shows to the
satisfaction of the District that the well has
mechanical integrity or unless the Tribe
affirmatively demonstrates that the injection
well will not pose a potential threat to the
waters of the State.
6.2 CRITERIA AND STANDARDS FOR CLASS I AND CLASS III WELLS
6.2.1 General Prohibition of Class I Wells Injecting
Hazardous Wastes The construction of any well meeting the
classification in subparagraph 6.1.3.1(A)(1) shall be prohibited on
Tribal lands or Reservations.
6.2.2. Evaluation of Geologic and Hydrologic Environment
6.2.2.1 General
A. Class I Wells The Tribe shall demonstrate to
the District's satisfaction that the hydrogeologic
environment is suitable for waste injection
without endangering the underground sources
of drinking water or modifying the ambient
water quality of other aquifers overlying the
injection zone. In the Class I well construction
submittals the Tribe shall address the proposed
testing and sampling procedures for adequately
defining the depth at which total dissolves
solids exceed 10,000 mg/l in formation waters.
An assessment of the lateral position at which
total dissolved solids exceed 10,000 mg/l in the
injection zone waters shall also be provided.
The District may request that the Tribe provide,
in addition to site specific and area of review
information, regional information that will
allow prediction of the regional impact of the
proposed injection well.
B. Class III Wells The District shall evaluate each
proposed mining operation for potential effects
of the mining activity on the underground
sources of drinking water, and shall, at a
minimum, consider the effects of
depressurization of the aquifer on the water
quality of any underground sources of drinking
water. The Tribe must demonstrate that the
hydrogeologic environment is suitable for
injection for extraction of minerals or energy
without endangering the underground sources
of drinking water, unless the aquifer is an
exempted aquifer.
No Class III mining activity shall be allowed in an
underground source of drinking water, or shall
result in violation of federal drinking water
standards, unless the aquifer is an exempted
aquifer.
6.2.2.2 Confining Zone
A. Class I Wells At least one confining zone
above the injection zone is required. The Tribe
shall demonstrate that the confining zone(s) has
sufficient areal extent, thickness, lithologic and
hydraulic characteristics to prevent injected fluid
migration, and that it insures protection of
underground sources of drinking water.
B. Class III Wells If an underground source of
drinking water exists above or below the
proposed mining zone, a confining zone is
required between the mining zone and the
underground source of drinking water. The
confining zone must be of such thickness, areal
extent, and permeability to constrain the effects
of the mining to the mining zone, and the
integrity of the confining zone must be
maintained for the life of the project.
C. Testing of Confining Zone for Class I and III
Wells The Tribe shall provide sufficient data
such as logs, lithologic cores, water samples, and
drill stem tests (or aquifer tests) to adequately
demonstrate the confining characteristics of the
bed. A monitoring system, which may include,
but not be limited to, one (1) or more on-site
monitor well(s), designed to evaluate the
long-term effectiveness of the confining zone
may be required. If the Tribe does not propose a
monitoring system, the Tribe shall demonstrate
that it is not needed. The geophysical logs may
include, but not be limited to:
1. Electric Log
2. Natural Gamma-Ray
3. Fluid Conductance Log
4. Caliper Log
5. Static and Pumping Temperature Log
6. Spinner Flowmeter
7. Acoustic Velocity
8. Density Log
9. Porosity Log
6.2.2.3 Injection Zone - Class I Wells The Tribe
shall demonstrate that the proposed injection zone has
sufficient extent, thickness, lithologic and hydraulic
characteristics to adequately receive waste.
A. Testing of Injection Zone The purpose of
testing the injection zone is to demonstrate the
zone's capacity for receiving injected fluid. The
Tribe shall demonstrate the suitability of a
proposed zone by determining the hydraulic
characteristics, lithology, thickness, extent, and
compatibility of injection and formation fluids.
Testing of the injection zone shall include a
pumping injection test at a flow rate of not less
than the maximum design capacity of the well,
and of such duration that can demonstrate the
trend of the injection pressure on the long-term
operating conditions. If an adequate water
supply for the injection test does not exist, and
data collected during drilling strongly indicate
the presence of confining bed(s), the Tribe may
use secondarily treated domestic wastewater
effluent for testing only with prior approval.
Testing of the injection zone may include, but
not be limited to:
1. Water Samples
2. Withdrawal Tests
3. Video Television Survey
4. Lithologic Cores
5. Drill Cuttings
6. Geophysical Surveys such as:
a. Electric Survey
b. Natural Gamma-Ray
c. Fluid Conductance Survey
d. Caliper Survey
e. Static and Pumping Temperature
Survey
f. Spinner Flowmeter
g. Acoustic Velocity
h. Focused Resistivity
i. Density Survey
j. Porosity Survey.
6.2.3 Well Construction Standards for Class I and III Wells
6.2.3.1 General Design Considerations
A. All Class I and III wells shall be cased and
cemented to prevent the movement of fluids
into, or between underground sources of
drinking water, and to maintain the quality of
aquifers above the injection zone that may be
used for monitoring or other purposes.
B. All Class I wells shall be designed and
constructed in such a fashion that they inject
into a formation which is below the lowermost
formation containing, within one quarter (1/4)
mile of the well bore, an underground source of
drinking water.
C. In the design specifications for a Class I well, the
Tribe shall address the problem of corrosion,
proposed protective measure(s), and, if
appropriate, proposed methods of monitoring.
The Tribe shall consider thickness and type of
cement, number and thickness of casings, casing
material, casing coatings, formation fluid
(water) quality, injection fluid quality and life
expectancy of the well.
For Class I wells all outer surfaces of uncemented
casings or portions of casings shall be coated or
otherwise protected against corrosion. This
protection shall extend for a minimum distance
of thirty (30) feet above and below the
uncemented portion of the casing.
D. All Class I injection wells, except those municipal
wells (publicly or privately owned) injecting
non-corrosive wastes, shall inject fluids through
tubing with a packer set immediately above the
injection zone, or tubing with an approved fluid
seal as an alternative. The tubing, packer and
fluid seal shall be designed for the expected
service.
1. The use of other alternatives to a packer
may be allowed with the written approval
from the District. The alternative method
shall reliably provide a comparable level of
protection to underground sources of
drinking water.
2. In determining and specifying
requirements for tubing, packer, or
alternatives, the following factors shall be
considered:
a. Depth of setting.
b. Characteristics of injection fluid
(chemical content, corrosiveness, and
density).
c. Injection pressure.
d. Annular pressure.
e. Rate, temperature and volume of
injected fluid. And:
f. Size of casing.
E. For Class I wells the following designs are not
allowed:
1. Annuli between casings open to the land
surface in any injection well. And:
2. Monitoring tubes emplaced and cemented
in the annulus adjacent to the innermost
or injection string of casing.
F. For all Class I wells, the Tribe shall address
potential surge and water hammer protection to
ensure the safety and integrity of any injection
well system.
G. District approval is required prior to any
remedial procedures that alter the basic design
specifications, materials, or character of a Class I
or III well.
6.2.3.2 Exploratory Pilot Hole An exploratory
pilot hole in any Class I well, or for Class III wells, at any
proposed injection well site may be required, and the hole
to be drilled in stages. If the Tribe does not propose an
exploratory pilot hole, the Tribe must demonstrate that it is
not needed.
6.2.3.3 Drilling Submittal of a step-by-step
drilling plan may be required, to be included in the design
specifications for Class I and III wells. The drilling plan
shall specify the proposed drilling program, sampling, coring,
and testing procedures.
A. For Class I wells, a deviation survey will be run at
least every ninety (90) feet (every three (3)
joints) of the cased portion of the well and at
more frequent intervals when necessary, to
insure that the casing can be set and centered
for cementing. The maximum deviation at each
measurement shall not exceed one degree (1(0))
deviation from vertical. This requirement may
be waived, or less stringent requirements
applied in some cases, provided that the Tribe
submits proof that such modification will not
adversely affect the successful construction and
future operation of the well in such a way as to
threaten underground sources of drinking water
with contamination.
B. For Class I wells, directional surveys may be
required, if, after an analysis of the well design
and drilling program, it is deemed necessary.
The directional survey shall be conducted during
drilling or in the pilot hole and the reamed hole
as separate surveys before running the casing.
C. The Tribe may be required to demonstrate that
salt used for density control during drilling will
not adversely affect the establishment of
background water quality for monitoring
purposes.
6.2.3.4 Casings
A. The casings used in the construction of each
newly drilled Class I and III well shall be designed
for the life expectancy of the well, and shall be
new and unused for Class I wells.
B. The number, thickness, type of materials, and
length of casing shall be sufficient to protect the
quality of drinking water resources, the integrity
of the well, and the confining strata. At a
minimum, the final string of casing shall be
made of seamless mild steel pipe having a 0.500
inch wall thickness. If the Tribe proposes to use
pipe composed of other than 0.500 inch wall
seamless mild steel for the final casing, they shall
demonstrate that the proposed material and
thicknesses will not compromise the integrity or
operation of the well.
C. Exact setting depths of all casings shall be
determined in the field based on all available
information, and subject to District approval.
6.2.3.5 Cementing
A. The Tribe shall submit the proposed cementing
program with the design specifications for Class I
or III wells. The cement used in the construction
of each newly drilled well shall be designed for
the life expectancy of the well. In determining
and specifying casing and cementing
requirements, the following factors shall be
considered:
1. Depth to the injection zone.
2. Injection pressure, external pressure,
internal pressure, and axial loading.
3. Hole size.
4. Size and grade of all casings strings (wall
thickness, diameter, nominal weight,
length, joint specification, and
construction material).
5. Corrosiveness of injected fluid, formation
fluids, and temperatures.
6. Lithology of injection and confining zones.
And:
7. Type or grade of cement.
B. Cement must be compatible with the injected
fluid, native fluids, and the formation, but in no
case less than the quality of American Society of
Testing Materials Type 2 or its equivalent
(Standard Specification for Portland Cement,
American National Standards Institute/American
Society of Testing and Materials C 150-78(a),
1978).
C. Design specifications, when submitted for
approval, shall include a list of cement additives
which may be needed in the operation. If an
additive is not in the design specifications, the
Tribe shall obtain prior approval for its use.
Accurate records shall be kept and all additives
used shall be reported.
D. Use of cement additives, water/cement ratio,
and the type of water used for mixing shall be
determined by the Tribe, provided the integrity,
containment, corrosion protection, and
structural strength of the cement are not
significantly affected.
E. Prior to cementing, the hole shall be in condition
to allow optimum bonding of the cement to the
casing and formation, and to prevent
channeling.
F. Cement placement shall be in such a manner
that the purposes and characteristics of the
cement are retained, and shall be subject to
approval and in accordance with "AWWA
Standard for Deep Wells." American Water Well
Association A100-66, 1966.
G. The Tribe shall submit the cement testing
program for approval. The purpose of the
cement testing program is to insure that the
cement seal is adequate to prevent migration of
fluids in channels, microannular space, or voids
in the cement. The methods of testing may
include, but are not limited to:
1. Pressure testing of the cement plug at the
bottom of the casing - to not less than 1.5
times the expected injection pressure or
fifty (50) pounds per square inch, whichever
is greater.
2. Temperature survey - must be run within
forty-eight (48) hours after cementing.
3. Cement bond survey.
H. During cementing, adequate pressure
differentials shall be maintained to prevent
collapse or distortion of the casing.
I. For Class I wells, the final string of casing shall
have a nominal overdrill of ten (10) inches unless
the Tribe can affirmatively demonstrate that an
overdrill of not less than five (5) inches is
sufficient. The annulus surrounding the final string
of casing shall have a nominal five (5) inch
cement thickness from the bottom of the casing
to land surface. These requirements may be
modified, provided that the Tribe submits proof
that such modification will not adversely affect
the successful construction and future operation
of the well in such a way as to threaten an
underground source of drinking water with
contamination. The remaining casings must
have a minimum thickness of two and one-half
(2-1/2) inches of cement surrounding the casings
with not less than five (5) inches of overdrill. A
nominal ten (10) inch overdrill shall be required
with any intermediate string of casing for which
an annular monitor tube of up to two and three
eighth (2-3/8) inch maximum outer diameter is
to be emplaced. Commensurate increases in the
overdrill shall be required for monitor tubes
larger than 2 3/8 inches in outer diameter. The
Tribe shall include a centralizing outline for the
purpose of centralizing the casing when
submitting the cementing program, to provide
adequate annular space around the casing for
proper cementing.
6.2.3.6 Testing During Drilling and Construction
of New Class I Wells
A. Appropriate geophysical surveys and other tests
shall be conducted during the drilling and
construction of new Class I wells. A descriptive
report, interpreting the results of such
geophysical surveys and tests shall be presented
for in-progress reviews, as part of periodic
progress reports, or in letter form as
appropriate. Such reports shall include field
copies of the surveys and test data and analyses
results at the level required to support field
decisions made during drilling or proposed
during in-progress reviews. At a minimum, such
surveys and tests shall include:
1. Deviation checks which shall be in
accordance with subsection 6.2.3.3. Such
checks shall be at sufficiently frequent
intervals to assure that vertical avenues for
fluid migration in the form of diverging
holes are not created during drilling.
2. Such other geophysical surveys and tests as
may be necessary after taking into account
the availability of similar data in the area
of the drilling site, the construction plan,
and the need for additional information
that may arise from time to time as the
construction of the well progresses. In
determining which geophysical surveys
and tests shall be required, the following
geophysical surveys shall be considered for
use in the following situations:
a. For surface casing intended to
protect underground sources of
drinking water:
i. Resistivity, sonic survey,
spontaneous potential, and
mechanical or sonar caliper
surveys before the casing is
installed. And:
ii. A cement bond, temperature,
or density survey after the
casing is set and cemented.
b. For intermediate and long strings of
casings intended to facilitate
injection:
i. Resistivity, spontaneous
potential, porosity, and gamma
ray surveys before the casing is
installed.
ii. Fracture finder surveys. And:
iii. A cement bond, temperature,
or density survey after the
casing is set and cemented.
c. For Class I wells in which an annular
monitor tube is proposed for other
than the final or innermost casing:
i. A caliper survey in the reamed
hole which is to contain the
monitor tube and,
ii. A temperature survey may be
required in the monitor tube
after the monitor tube has been
set and cemented.
B. The following information concerning the
injection formation shall be determined or
calculated for new Class I wells:
1. Fluid pressure.
2. Temperature.
3. Fracture pressure.
4. Other physical and chemical characteristics
of the injection matrix. And:
5. Physical and chemical characteristics of the
formation fluids.
6.2.3.7 Testing Integrity of Completed Class I
Wells Upon completion of construction, the
completed wells will be tested to assure that the wells will
function as built. Tests to be performed may include, but
not be limited to:
A. Cement Bond Survey.
B. Temperature Survey.
C. Pressure test of final casing to at least 1.5 times
the expected injection pressure for one (1) hour,
with no pressure drop after temperature
correction.
D. Video Television Survey - from top to bottom of
the well for baseline monitoring purposes.
E. Injection tests.
F. Withdrawal tests - if necessary and if possible.
And:
G. Caliper survey.
6.2.3.8 Testing of Class III Wells
A. Appropriate geophysical surveys and other tests
shall be conducted during the drilling and
construction of new Class III wells. Upon
completion of construction, the completed well
system will be tested to assure that the well
system will function as designed at the design
operation pressures. A descriptive report
interpreting the results of such surveys and tests
shall be prepared and submitted. The surveys
and tests appropriate to each type of Class III
well shall be determined based on the intended
function, depth, construction and other
characteristics of the well, availability of similar
data in the area of the drilling site and the need
for additional information that may arise from
time to time as the construction of the well
progresses. At a minimum, such surveys and
tests shall include deviation checks conducted on
all holes where pilot holes and reaming are
used, at sufficiently frequently intervals to assure
that vertical avenues for fluid migration in the
form of diverging holes are not created during
drilling.
B. Where the injection zone is a water bearing
formation, the following information
concerning the injection zone shall be
determined or calculated for new Class III wells:
1. Fluid pressure.
2. Temperature.
3. Fracture pressure.
4. Other physical and chemical characteristics
of the injection zone.
5. Physical and chemical characteristics of the
formation fluids. And:
6. Compatibility of injected fluids with
formation fluids.
C. Where the injection formation is not a water
bearing formation, the information listed in
subparagraphs (B)(3) and (B)(4) of this
subsection must be submitted.
6.2.3.9 Environmental Concerns During
Construction
A. For Class I and III wells, the disposal of drilling
fluids or cuttings, and the disposal of formation
water or waste during testing shall be in a sound
environmental manner that avoids violation of
federal surface and ground water quality
standards. The proposed disposal method must
be approved by the District prior to start of
construction.
B. For Class I wells the use of drilling pads will be
required. The pads will be designed to collect
spillage of contaminants and to support the
heaviest load that will be encountered during
drilling. At locations where the unconfined
aquifer contains less than 10,000 mg/l total
dissolved solids, monitor wells capable of
detecting any contamination of the unconfined
aquifer from drilling activities shall be required.
C. For Class I wells, flow control shall be used when
drilling into formations in which pressure heads
exceed land surface, to prevent uncontrolled
release of formation or drilling fluids at land
surface.
D. For Class III wells, the Tribe is advised that
permits may be required for surface facilities
associated with the mining activity.
6.2.4 Operating Requirements for Class I and III Wells
6.2.4.1 Class I Well Operating Requirements
Operating requirements for Class I wells shall, at a
minimum, specify that:
A. To preserve the integrity of the formations,
bottom hole (including hydrostatic) pressure
shall not exceed a maximum so as to insure that
the injection pressure does not initiate new
fractures in the injection zone, initiate fractures
in the confining zone, significantly alter the
fluid movement capabilities of the confining
zone, or cause the movement of injection or
formation fluids into an underground source of
drinking water or into an essential monitoring
zone.
B. The integrity of the well structure shall be
protected; hence, total pressure shall not exceed
the maximum allowable stress of the materials
used to construct the well.
C. Injection for disposal purposes is prohibited:
1. Between the outermost casing protecting
the underground sources of drinking
water and the well bore.
2. Through annular monitor tubes. And:
3. Through wells designed to monitor the
injection zone except when specifically
designed as a temporary injection well or
approved (in writing) for emergency
discharge use.
D. Unless an alternative to a packer has been
approved, the annulus between the tubing,
where required, and the final or innermost
string of casings shall be filled with a fluid and a
pressure shall be maintained on the annulus.
Both the type of fluid and the proposed pressure
shall be approved.
E. The maximum velocity of injected fluid shall not
exceed the point where the mechanical limits of
the well design or structure of the formation will
be adversely affected. The maximum injection
velocity of a well that begins operation after
June 1, 1985 shall not exceed eight (8) feet per
second (ft/sec), unless the Tribe can prove that
higher velocities will not compromise the
integrity or operation of the well.
6.2.4.2 Class III Well Operating Requirements
Operating requirements prescribed for Class III wells shall,
at a minimum, specify that:
A. Injection pressure at the wellhead shall not
exceed a minimum which shall be calculated to
assure that the pressure in the injection zone
during injection does not initiate new fractures
in the confining zone, or cause the migration of
injection or formation fluids into an
underground source of drinking water.
B. Injection between the outermost casing
protecting underground sources of drinking
water and the well bore is prohibited.
C. Where the proposed mining operation includes
mining a portion of the confining zone, a
sufficient amount of confining zone must
remain to provide an effective confinement that
protects aquifers above and below the mining
area.
6.2.4.3 Operation and Maintenance Manual
A. The operation and maintenance manual(s) for
injection well disposal facilities, or portions
thereof, shall be prepared for the use of
operators, maintenance personnel, technicians,
laboratory personnel and others, as appropriate,
and shall consist of:
1. Written instructions provided to the
injection system operators for the safe,
reliable operation of the system.
2. Records of the basic engineering design
and equipment description.
3. A program to assure proper maintenance
of the system.
B. Each operation and maintenance manual is
subject to approval.
C. The Tribe or operator of the facility shall provide
a copy of the approved manual to the operators,
maintenance personnel, technicians, laboratory
personnel and others, as appropriate. The
manual(s) shall be available for reference at the
facility or other approved site.
D. Revisions to the Manual may be required to
reflect any facility modifications performed, in
order to comply with the requirements of this
Chapter, or to reflect experience resulting from
facility operation.
6.2.4.4 Abnormal Events
A. In the event the Tribe is temporarily unable to
comply with any of the criteria outlined in this
Chapter, due to breakdown of equipment,
power outages, destruction by hazard of fire,
wind, or by other cause, the Tribe shall notify
the District. Notification shall be made to the
office of the District within twenty-four (24)
hours of breakdown or malfunction - in person,
by telephone, or by telegraph.
B. A report shall be required within seventy-two
(72) hours of the notification referenced in (A),
above. A final written report shall be submitted
within two (2) weeks and shall describe the
nature and cause of the breakdown or
malfunction, the steps being taken or planned
to be taken to correct the problem and prevent
its reoccurrence, emergency procedures in use
pending correction of the problem, and the time
when the facility will again be operating in
compliance with the criteria in this Chapter.
C. If the Tribe is unable to use the approved
primary disposal method under emergency
conditions, the Tribe may use an emergency
discharge only if prior approval of the
emergency method has been obtained. The
Tribe shall address the emergency disposal
methods in the plan and the operating manual.
D. In the event a well must be redeveloped, the
Tribe shall address disposal of backwashed
fluids. The disposal method shall be approved.
6.2.5 Monitoring Well Construction Standards for Class I
and III Wells
6.2.5.1 General Design Considerations
A. For Class I wells, associated on-site, cluster,
multi-horizon, or annular monitoring wells shall
not penetrate the injection zone or final
confining bed.
B. For satellite and regional monitor wells
associated with Class I wells, cluster or
multi-horizon monitoring wells may penetrate
the injection zone or final confining bed only if
the Tribe can demonstrate that the
underground sources of drinking water and
confining strata will be protected, the integrity
of the monitoring and injection well system will
be protected, and the well is designed in such a
way that it can be easily repaired.
C. All monitoring wells constructed for Class III
injection operations shall be constructed in
accordance with Chapter 5 and applicable
federal rules and regulations.
D. Approval is required prior to any remedial
procedures that alter the basic design
specifications.
6.2.5.2 Exploratory Pilot Hole For Class I
wells, an exploratory pilot hole may be required, and the
hole may be required to be drilled in stages. If the Tribe
does not propose an exploratory pilot hole, the Tribe must
demonstrate that it is not needed for logging or other
purposes.
6.2.5.3 Drilling A step-by-step drilling plan may
be required to be submitted with the design specifications.
6.2.5.4 Casings and Tubing
A. The casings or tubing used in the construction of
each newly drilled well shall be designed for the
life expectancy of the well.
B. The number, thickness, type of material, and
length of casing or tubing shall be sufficient to
protect the quality of drinking water resources,
and the integrity of the well and the confining
strata. The type of materials used in the
monitoring well shall not bias the sampling
parameters used in the monitoring program.
C. Exact setting depths for all casings or tubing
shall be determined in the field, based on all
available information, and subject to prior
approval.
6.2.5.5 Cementing
A. The Tribe shall submit the proposed cementing
program with the design specifications. The
cement used in the construction of each newly
drilled well shall be designed for the life
expectancy of the well. The Tribe shall submit a
list of proposed additives for District approval.
B. Cement must be compatible with the native
fluids and the formation, but in no case less than
the quality of American Society for Testing and
Materials Type 2 or its equivalent (Standard
Specification for Portland Cement, American National
Standards Institute/American Society for Testing and
Materials, C150-781A, 1978).
C. Cement placement shall be in such a manner
that the purposes and characteristics of the
cement are retained, and shall be subject to
approval and in accordance with "AWWA
Standard for Deep Wells," American Water Well
Association, A100-66, 1966.
D. The Tribe shall submit the cement testing
program for approval.
E. For Class I monitor wells, other than annular
monitor wells, a nominal thickness of two and
one-half (2-1/2) inches of cement surrounding
the casings with not less than five (5) inches of
overdrill is required, except for the annulus
being used for monitoring in wells with open
annulus monitoring.
F. All casings and tubing shall be centralized where
possible to ensure uniform cementing.
G. All outer surface of casing or tubing which are
uncemented shall be protected from corrosion
for a minimum of thirty (30) feet above and
below the uncemented portion.
6.2.5.6 Testing of Monitoring Well Construction
Tests may include, but not be limited to:
A. Cement Bond Survey.
B. Temperature Survey.
C. Pressure test to at least 1.5 times the expected
ultimate monitoring pressure, but not less than
fifty (50) pounds per square inch for one (1)
hour, with no pressure drop after temperature
correction.
D. A pumping test to determine if the monitor well
has sufficient capacity to yield a representative
ground water sample.
E. Chemical analyses of water from strata tapped
by well.
F. Water level measurement referenced to mean
seal level.
6.2.6 Monitoring Requirements for Class I and III Wells
6.2.6.1 Class I Wells For Class I wells,
monitoring requirements shall, at a minimum, include:
A. The analysis of the injected fluids at a frequency
specified by the District, to yield representative
data on their characteristics.
B. The installation and use of continuous
indicating, recording, and totalizing devices to
monitor flow rate and volume, and installation
and use of continuous indicating and recording
devices to monitor the injection pressure and
the pressure on the annulus between the tubing
and the final or innermost string of casing, if
there is an annulus.
1. A controlled injection test or a bottom
hole pressure survey, if a long-term trend
of increasing injection pressure is
indicated.
C. A demonstration of mechanical integrity at least
once every five (5) years during the life of the
well. And:
1. As part of the baseline monitoring
information, a video television survey from
the surface to the bottom of the injection
zone shall be run prior to injection, but
after completion of testing, except for
those wells that inject through tubing or
where it is physically impossible to do so,
and every five (5) years thereafter, or more
frequently if deemed necessary.
2. The television survey may be either black
and white or color.
3. Adequate provisions must be made to
centralize the camera in the borehole.
4. Before running the survey adequate
provisions shall be made to assure that
fluid in both the casing and open borehole
is of sufficient clarity to provide a baseline
survey of acceptable quality.
D. Within the area of review, the type, number,
and location of well(s) to be used to monitor any
potential migration of fluids into, or in the
direction of underground sources of drinking
water, and pressure in the underground sources
of drinking water; the parameters to be
measured and the frequency of monitoring shall
be stated by the District.
E. The background water quality of the injection
zone and the monitoring zone(s) shall be
determined prior to injection for both domestic
wastewater and industrial Class I wells (including
reverse osmosis reject water), in accordance with
the sampling and testing methods approved by
the District.
1. Background levels shall be determined
pursuant to the following criteria:
a. For monitor zones in underground
sources of drinking water - the
primary and secondary drinking
water quality parameters, and the
minimum criteria provided in federal
legislation.
b. For the injection zone and monitor
zones in other ground waters - the
criteria shall be established on a
case-by-case basis.
F. Monitor wells shall be required above the injection
zone near the injection well, field or
project.
1. The Tribe shall be able to monitor the
following:
a. The absence of fluid movement
adjacent to the well bore as required
in subsection 6.1.3.6. And:
b. The long-term effectiveness of the
confining zone.
G. Monitor wells may be required above and in the
injection zone at a sufficient distance from the
well, field or project for regional monitoring.
H. For Class I wells, a five (5) gallon unacidized
representative sample of native water from the
injection zone shall, where practical, be
collected and provided to a laboratory specified
by the District.
I. Post-Closure Monitoring For Class I wells, the
Tribe may be required to submit a post-closure
monitoring plan designed to monitor the
attenuation of any pressure effects and water
quality changes caused by the underground
injection operation, both in the injection zone
and/or in overlying aquifers. The proposed
monitoring plan shall, at a minimum, utilize the
injection wells and associated monitor wells, to
the extent that they are capable of yielding
representative ground water samples. The
proposed monitoring plan may also include
other accessible wells.
1. Items to be addressed by the Tribe in the
proposed post-closure monitoring plan
shall include, but not be limited to:
a. Designation of the wells to be used
for post-closure monitoring.
b. The parameters to be monitored, by
well.
c. The sampling frequency.
d. The proposed duration of the
post-closure monitoring period.
And:
e. A documented estimate of the total
cost of the post-closure monitoring
program.
2. A revision of the post-closure monitoring
plan may be required, when appropriate,
in order to reflect changes in the design or
scope of the underground injection
operation, inflation of costs associated
with the plan, or other factors resulting
from the construction or operation of the
injection well system. The Tribe also may
initiate modification of the post-closure
monitoring plan, subject to approval.
6.2.6.2 Class III Wells For Class III wells,
monitoring requirements shall, at a minimum, specify:
A. The analyses of the physical and chemical
characteristics of the injected fluid with
sufficient frequency to yield representative data
on its characteristics.
B. Installation and use of continuous recording
devices to monitor the injection pressure, flow
rate and volume.
C. The demonstration of mechanical integrity
pursuant to subsection 6.1.3.6, at least once
every five (5) years during the life of the well.
D. Weekly monitoring of fluid level and of the
parameters chosen to measure water quality in
the injection zone with sufficient frequency to
yield representative data on its characteristics.
E. Quarterly monitoring of wells adjacent to the
injection site to detect any migration from the
injection zone into an underground source of
drinking water.
F. All Class III wells may be monitored on a field or
project basis rather than an individual well basis
by manifold monitoring. Manifold monitoring
may be used in cases of facilities consisting of
more than one (1) injection well operating with
a common manifold. Separate monitoring
systems for each well are not required provided
the Tribe/operator demonstrates that manifold
monitoring is comparable to individual well
monitoring.
G. The Tribe may be required to monitor for a
period of time after mining operations cease. If
the monitoring reveals violations, the Tribe must
investigate and take corrective action.
H. Monitoring Criteria
1. Where injection is into a formation which
contains water with less than 10,000 mg/l
total dissolved solids, monitoring wells
shall be completed into the injection zone
and into any underground sources of
drinking water above, and may be
required below, the injection zone which
could be affected by the mining operation.
These wells shall be located in such a
fashion as to detect any excursion of
injected fluids, process by-products, or
formation fluids outside the mining area
or zone. The monitoring wells shall be
located so that they will not be physically
affected if the operation is subject to
subsidence or catastrophic collapse.
2. Where injection is into a formation which
does not contain water with less than
10,000 mg/l total dissolved solids,
monitoring wells may be required above
and in the injection zone.
3. Where the injection wells penetrate an
underground source of drinking water in
an area subject to subsidence or
catastrophic collapse, an adequate number
of monitoring wells shall be completed
into the underground source of drinking
water to detect any movement of injected
fluids, process by-products or formation
fluids into the underground source of
drinking water. The monitoring wells shall
be located outside the physical influence
of the subsidence or catastrophic collapse.
4. Monitoring for subsidence may be
required.
I. In determining the number, location,
construction and frequency of monitoring of the
monitoring wells the following criteria shall be
considered:
1. The population relying on the
underground source of drinking water
affected or potentially affected by the
injection operation.
2. The proximity of the injection operation to
points of withdrawal of drinking water.
3. The local geology and hydrology.
4. The operating pressures and whether a
negative pressure gradient is being
maintained.
5. The toxicity and volume of the injected
fluid, the formation water, and the process
by-products. And:
6. Number of injection wells per unit area.
6.2.7 Reporting Requirements for Class I and III Wells
6.2.7.1 Class I Exploratory Well Construction and
Class I Test/Injection Well Construction
A. Periodic data reports and progress reports may
be required that may include, but not be limited
to, the following:
1. Driller's log
2. Geophysical surveys
3. Core analyses
4. Lithologic Logs
5. Drill stem tests
6. Pump tests
7. Daily job (construction) reports
8. Water quality analyses.
B. Interpretation of data contained in the data
reports or progress reports is required at the
completion of each significant phase of construction,
such as completion of test well
construction and testing, completion of
injection well construction, and completion of
injection well testing.
C. The Tribe shall submit final reports of all data
collected from the exploratory well with
interpretations, with the plan for a Class I
test/injection well construction and testing. The
final report submitted with the proposal for a
Class I Injection Well Operation Plan shall
include, but not be limited to, the following:
1. A map showing the location of the
proposed injection wells or well field area
and the applicable area of review. Within
the area of review, the map must show the
number and location of all producing
wells, injection wells, abandoned wells, dry
hole, surface bodies of water, springs,
public water systems, mines (surface and
subsurface), quarries, water wells and
other pertinent surface features, including
residences and roads. The map should also
show faults, if known or suspected. Only
information of public record and pertinent
information known to the Tribe is required
to be included on the map.
2. A tabulation of data on all wells within the
area of review which penetrate into the
proposed injection zone, confining zone,
or proposed monitoring zone. Such data
shall include a description of each well's
type, construction, date drilled, location,
depth, record of plugging and/or
completion, and any additional
information the District may require.
3. Maps and cross sections indicating the
general vertical and lateral limits within
the area of review of all underground
sources of drinking water, their position
relative to the injection formation and the
direction of water movement, where
known, in each underground source of
drinking water which may be affected by
the proposed injection.
4. Maps and cross sections detailing the
hydrology and geologic structures of the
local area.
5. Generalized maps and cross sections
illustrating the regional geologic setting.
6. Proposed operating data:
a. Average and maximum daily rate and
volume of the fluid to be injected.
b. Average and maximum injection
pressure. And:
c. Source and an analysis of the
chemical, physical, radiological and
biological characteristics of injection
fluids, including any additives for
Class III wells. For Class I wells, a
demonstration that the effluent
quality meets the applicable federal
standards.
7. Proposed formation testing program to
obtain an analysis of the chemical, physical
and radiological characteristics of, and
other information on the injection zone.
8. Proposed stimulation program.
9. Proposed injection procedure.
10. Engineering drawings of the surface and
subsurface construction details of the
system, including design features for surge
control and water hammer protection.
11. Contingency plans to cope with all shut-ins
or well failures, or, for Class III wells,
catastrophic collapse, to protect the
quality of the waters of the State including
emergency discharge provisions.
12. Plans (including maps) and proposed
monitoring data to be reported for
meeting the monitoring requirements in
6.2.6.
13. For wells within the area of review which
penetrate the injection zone, but are not
properly completed or plugged, the
corrective action proposed to be taken
under 6.1.3.3.
14. Construction procedures including a
cementing and casing program, logging
procedures, deviation checks and a drilling,
testing and coring program.
15. For Class III wells, expected changes in
pressure, native fluid displacement,
direction of movement of injection fluid.
16. For Class III wells, a proposed monitoring
plan, which includes a plan for detecting
migration of fluids into underground
sources of drinking water, a plan to detect
water quality violations in the monitoring
well, and the proposed monitoring data to
be submitted.
17. For Class I, a period of temporary injection
operation for the purposes of long term
testing shall be required. Each well shall
be tested for integrity of construction, and
shall be followed by a short term injection
test of sufficient duration to allow for the
prediction of the operating pressure.
18. During the period of temporary injection
operation, the District may require
periodic inspections at certain stages of
construction.
19. For Class III wells, a period of temporary
operation for the purpose of testing shall
be required. Each well must first be tested
for integrity of construction, prior to any
injection testing.
6.2.7.2 Class I Injection Well Operation
A. The Tribe must submit the proposed
methodology for collection and reporting of
operational data, to ensure that the data is
collected, correlated, and reported in a fashion
that would enable the District to evaluate well
performance.
B. The frequency of reporting shall at a minimum
include:
1. Operating reports on:
a. The physical, chemical and other
relevant characteristics of injection
fluids.
b. Daily reading of the pressure and
flow for each well shall be submitted.
For each domestic effluent disposal
well, a specific injectivity test shall be
performed quarterly while the
pumping rate to the well(s) has been
set at a predetermined level and
reported as the specific injectivity
index (gpm/specific pressure (psig)).
The Tribe shall propose which
pumping rate will be used based on
the expected flow, the design of the
pump station, including the volume
of the wet well and pump type(s),
and the type of pump controls used.
c. Monthly average, maximum and
minimum values for injection
pressure, flow rate, and volume, and
annular pressure. And:
d. The results of monitoring prescribed
under subsection 6.2.5.1.
2. Reporting the results within three (3)
months after the completion of:
a. Periodic tests of mechanical integrity.
b. Any other test of the injection well
conducted by the Tribe if required.
c. Any well work over.
C. Additional data to be submitted with the
periodic operations reports, at the request
of the District.
D. Progress reports, if required, shall be
submitted no later than thirty (30) days
following each interim date and the final
date of compliance.
6.2.7.3 Class III Well Construction/Operating/
Plugging and Abandonment Reports
A. Periodic data reports and progress reports
may be required that may include, but not
be limited to, the following:
1. Driller's log
2. Geophysical surveys
3. Core analyses
4. Lithologic logs
5. Drill stem tests
6. Withdrawal or aquifer tests
7. Number of wells constructed,
abandoned, in operation, and
recorded on property deeds
8. Results of post-closure monitoring
9. Daily construction reports
B. The frequency of reporting shall be
specified by the District. However, the
Tribe may be required to submit monthly
operating reports that shall include, but
not be limited to, the number of wells
constructed, number in operation, number
abandoned, and number of wells recorded
on property deeds for that month.
C. Interpretation of data contained in the
data reports or progress reports is required
at the completion of each significant phase
of construction.
D. Reporting Requirements Reporting
requirements shall, at a minimum include:
1. Quarterly reporting on required
monitoring.
2. Results of mechanical integrity and
any other periodic test to be reported
with the first regular quarterly report
after the completion of the test.
And:
3. Monitoring may be required to be
reported on a project or field basis
rather than individual well basis.
E. At least once every year, but more
frequently if specified, the Tribe shall
record the plugging method and location
of each well abandoned during that year
in the public records of the County.
F. The Tribe shall submit a Final Report with
interpretations of all data collected. The
Final Report shall include, but not be
limited to, all information and data
collected under Part 6.2, with appropriate
interpretations.
6.2.7.4 Abandonment Reports for Class I and III
Wells
A. Upon completion of plugging and
abandonment of a well or well field, the
Tribe shall submit a Final Report which
includes, but is not limited to, the
following:
1. Certification of completion in
accordance with approved plans and
specifications by the engineer of
record.
2. Evidence, such as a sealed copy or
certification from the county clerk,
that a surveyor's plot of the location
of the abandoned wells has been
recorded in the County public records.
6.2.8 Plugging and Abandonment Criteria and Procedures
for Class I and II Wells
6.2.8.1 A well may be ordered plugged when it
has been abandoned or when it is determined to be a
threat to the waters of the State.
6.2.8.2 Any Class I or III well approval shall include
conditions to ensure that plugging and abandonment of
the well will not allow the movement of fluids either into
an underground source of drinking water, or from one
underground source of drinking water to another. The
Tribe shall be required to submit a plan for plugging and
abandonment, which may include post-closure monitoring
of the injection operation. The post-closure monitoring
plan shall be designed in accordance with the requirements
of paragraph 6.2.6.1(I). For the purposes of this section,
temporary intermittent cessation of injection operations is
not abandonment. Where applicable, the plugging and
abandonment plan shall address the proposed post-closure
monitoring.
6.2.8.3 Prior to abandoning Class I or III wells, the
well shall be plugged with cement in a manner which will
not allow the movement of fluids either into, or between
underground sources of drinking water. Class III wells may
be plugged using other plugging materials if it is
satisfactorily shown that such materials will prevent
movement of fluids into, or between underground sources
of drinking water. The proposed plugging method and
type of plugging material shall be approved.
6.2.8.4 Placement of the plugging material shall
be accomplished by one of the following methods:
A. The Balance Method.
B. The Dump Bailer Method.
C. The Two-Plug method. Or:
D. Any other recognized method as effective or
more effective than the above which is
approved by the District.
6.2.8.5 The well to be abandoned shall, prior to
the placement of the cement plug(s), be in a state of static
equilibrium, with the mud weight equalized from top to
bottom, either by circulating the mud in the well at least
once or by a comparable approved method.
6.2.8.6 The Tribe shall notify the District at least
hundred eighty (180) days before conversion or
abandonment of a Class I well, unless abandonment within
a lesser period of time is necessary to protect the waters of
the State.
6.2.8.7 For all Class I wells, the final or innermost
string of casings shall be filled with neat cement grout, or
an approved equivalent, from the bottom of the casing to the
surface. The use of other fillers may be allowed in the open
hole, provided that the objectives of confining injected
fluids to the injection horizon and prevention of migration
of injected and/or native fluids between aquifers are
satisfied. Annular monitor tubes in an injection well may
be left unplugged temporarily if they are to be used for
their intended purpose and do not compromise the
objectives listed above. If temporarily left open, the
annular monitor tubes shall be plugged with cement at the
end of post-closure monitoring. If the tubes are not used
for monitoring, they shall be filled with neat cement from
the bottom of the monitor zone to land surface.
6.2.8.8 The plugging and abandonment plan
required in section 6.2.8 shall, in the case of a Class III
well field which underlies or is in an exempted aquifer,
also demonstrate that no movement of contaminants from the
mined zone into an underground source of drinking water
will occur. Aquifer cleanup and monitoring shall be
prescribed where deemed necessary and feasible to insure
that no migration of contaminants from the mined zone
into an underground source of drinking water will occur.
6.2.8.9 In the event a radioactive source tool has
been irretrievably lost down an injection well, the District
shall be immediately notified. The well shall not be
plugged until all applicable Nuclear Regulatory Commission
regulations have been satisfied.
6.2.8.10 The Tribe or operator of a well must
provide adequate documentation that the well was
properly abandoned.
6.3 CRITERIA AND STANDARDS FOR CLASS IV WELLS
6.3.1 General For the purposes of this Chapter the
definitions of a Class IV well specifically includes the disposal
of fluids containing hazardous waste from any septic tank or
cesspool used by generators of hazardous waste, or by owners or
operators of hazardous waste management facilities, into, or
above an underground source of drinking water.
6.3.2 General Prohibition of Class IV Wells
The construction or operation of any Class IV well is prohibited.
6.4 CRITERIA AND STANDARDS FOR CLASS V WELLS
6.4.1 General
6.4.1.1 This Part sets forth criteria and standards
for all injection wells not covered in previous sections.
Generally, wells covered in this part inject non-hazardous
fluids into, or above formations that contain underground
sources of drinking water. Included are wells not covered
in Class IV that inject natural and man-made radioactive
materials, provided these concentrations do not exceed
current federal drinking water standards.
6.4.1.2 Classification of Class V Wells Various
types of Class V wells that exist or may exist in Florida are
grouped together by expected quality of the injected fluid,
in order to facilitate the determination of permitting,
operating, and monitoring requirements for these wells.
The groups are:
A. Group 1 Wells associated with thermal energy
exchange processes, which include air conditioning
return flow wells and cooling water return
flow wells. Cooling water return flow wells may
be part of a closed-loop system, with no
hazardous additives, or part of an open-loop
system that may use additives.
B. Group 2 Recharge wells, saltwater intrusion
barrier wells, connector wells, and subsidence
control wells.
C. Group 3 Wells which are part of domestic
waste treatment systems, swimming pool
drainage wells, injection wells used in
experimental technologies, and wells used to
inject spent brine into the same formation from
which it was withdrawn after extraction of
halogens or their salts.
D. Group 4 Non-hazardous industrial and
commercial disposal wells, which include
laundry waste, dry wells, sand backfill wells, and
nuclear disposal wells used to inject radioactive
wastes, provided the concentrations of the
waste do not exceed federal drinking water
standards, and injection wells used for in situ
recovery of phosphate, uraniferous sandstone,
clay, sand, and other minerals extracted by the
borehole slurry mining method.
E. Group 5 Lake level drainage and stormwater
drainage wells.
F. Group 6 Geothermal wells and "other" wells.
6.4.1.3 The use of any Class V well for injection
shall not present a hazard to any existing or future use of
an underground source of drinking water.
6.4.2 Well Construction Standards for Class V Wells
6.4.2.1 The variety of Class V wells and their uses
dictate a variety of construction designs consistent with
those uses, and precludes specific construction standards
for each type of Class V well outlined in this Chapter.
However, a well must be designed and constructed for its
intended use, in accordance with good engineering
practices, and the design and construction must be
approved.
6.4.2.2 The design criteria for Class I wells (6.2)
may be applied to the construction of Class V wells,
including surge and water hammer protection measures,
and other factors.
6.4.2.3 Class V wells shall be constructed so that
their intended use does not violate applicable federal
water quality standards at the point of discharge, except
where specifically exempted. Migration or mixing of fluids
from aquifers of substantively different water quality
(through the construction or use of a Class V well) shall be
prevented by preserving the integrity of confining beds
between these aquifers through cementing or some other
acceptable method.
6.4.2.4 A well completion report, defining details
of construction and describing various formations penetrated
by the well, shall be submitted within two (2) days
after completion of the drilling operation.
6.4.2.5 Samples of formations penetrated may be
required. If required, and when drilling is completed,
samples shall be forwarded to:
State Geologist
903 West Tennessee Street
Tallahassee, Florida 32304
6.4.2.6 If casing is used within the well, it shall, at
a minimum, meet the requirements for water well
construction set forth in Chapter 5.
6.4.2.7 Class V wells shall not be dynamited,
except with written permission from the District.
6.4.2.8 A test well or boring shall be filled with
cement within five (5) days after completion of the testing
for which it was drilled. Such test wells or borings shall
not be used as drainage wells unless approval has been
obtained in accordance with this Chapter.
6.4.3 Operating Requirements for Class V Wells
6.4.3.1 All Class V wells shall be operated in such a
manner that they do not present a hazard to an
underground source of drinking water. Effluent quality
shall meet applicable federal standards.
6.4.3.2 Pre-treatment may be required for fluids
injected through existing wells, to insure that the injected
fluid does not violate federal water quality standards.
6.4.3.3 Operating requirements may be imposed
on Group 1 - cooling water return flow wells on an
open-loop system, with additives; Group 3, except for
swimming pool drainage wells; Group 4; and Group 6.
6.4.3.4 Operating requirements may be imposed
on Groups 2 and 5.
6.4.4 Monitoring Requirements for Class V Wells
6.4.4.1 The need for monitoring shall be
determined by the type of well, nature of the injected fluid,
and water quality of the receiving aquifer. Monitoring
requirements may be imposed for Groups 1, 2, 3, 5 and 6.
6.4.4.2 The nature of the fluid being injected into,
or above an underground source of drinking water from
Group 4 wells is such that monitoring may be required for
wells in this group.
6.4.4.3 The frequency of monitoring shall be
determined based on the location of the well, the nature of
the injected fluid and applicable federal regulations.
6.4.5 Reporting Requirements for Class V Wells
6.4.5.1 Reporting requirements shall be
determined by the type of well and nature of injected fluid.
6.4.5.2 Reporting shall be required for: Group 1 - cooling
water return flow wells on an open-loop system,
with additives; Group 3, except for swimming pool
drainage wells; Group 4 and Group 6.
6.4.5.3 Reporting may be required for Groups 3
and 5.
6.4.6 Plugging and Abandonment for Class V Wells
6.4.6.1 A Class V well may be ordered plugged and
abandoned when it no longer performs its intended
purpose, or when it is determined to be a hazard to the
ground water resource.
6.4.6.2 Prior to abandoning Class V wells, the well
shall be plugged with cement in a manner which will not
allow movement of fluids between underground sources of
drinking water. The proposed plugging method and type
of cement shall be approved. Placement of the cement
shall be accomplished by any recognized and acceptable
method.
Back to the Table of Contents
|