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AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, <br />CREATING CHAPTER 319 (WATER CONSERVATION <br />ORDINANCE FOR LANDSCAPE IRRIGATION) OF THE CODE OF <br />INDIAN RIVER COUNTY PROVIDING FOR LOCAL <br />IMPLEMENTATION OF THE WATER CONSERVATION RULE <br />FOR LANDSCAPE IRRIGATION OF THE ST. JOHNS RIVER <br />WATER MANAGEMENT DISTRICT; PROVIDING DEFINITIONS; <br />PROVIDING THE LANDSCAPE IRRIGATION SCHEDULES; <br />PROVIDING EXCEPTIONS TO THE LANDSCAPE IRRIGATION <br />SCHEDULES; PROVIDING FOR WAIVERS FROM THE SPECIFIC <br />DAY OF THE WEEK LIMITATIONS; PROVIDING FOR <br />APPLICABILITY OF THE ORDINANCE; PROVIDING FOR <br />ENFORCEMENT OF THE ORDINANCE; PROVIDING FOR <br />PENALTIES FOR VIOLATION OF THE ORDINANCE; PROVIDING <br />FOR CONFLICT AND SEVERABILITY; PROVIDING FOR <br />CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. <br />WHEREAS, the St. Johns River Water Management District has responsibility and <br />exclusive authority under Chapter 373, Florida Statutes, for regulating the consumptive <br />use of water; and <br />WHEREAS, the St. Johns River Water Management District has amended Rule <br />40C-2.042, F.A.C., its General Consumptive Use Permit by Rule that regulates small <br />irrigation uses below consumptive use permit thresholds in Rule 40C-2.041(1), F.A.C.; <br />and <br />WHEREAS, Rule 40C -2.042(2)(a), F.A.C., grants a general permit to each person <br />located within the District to use, withdraw or divert water for small landscape irrigation <br />uses, provided that irrigation occurs in accordance with the requirements set forth in this <br />ordinance, which are also subject to the exceptions set forth in this ordinance; and <br />WHEREAS, Rule 40C-2.042, F.A.C., applies to landscape irrigation regardless of <br />whether the water comes from ground or surface water, from a private well or pump, or <br />from a public or private utility; and <br />WHEREAS, Rule 40C -2.042(2)(b), F.A.C., strongly encourages a local government <br />to adopt an ordinance to enforce Rule 40C -2.042(2)(a), F.A.C., within its jurisdiction by <br />adopting a landscape irrigation ordinance that incorporates each of the provisions set forth <br />in Rule 40C -2.042(2)(a), F.A.C.; and <br />WHEREAS, it is the desire of the Indian River County Board of County <br />Commissioners to adopt an ordinance in accordance with 40C -2.042(2)(a) and (b), <br />F.A.C.; and <br />