Title: The State Board of Conservation
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Permanent Link: http://ufdc.ufl.edu/UF00050824/00001
 Material Information
Title: The State Board of Conservation
Alternate Title: Fla. Stat. Sec. 373.081. The State Board of Conservation. Definitions.
Physical Description: 1p.
Language: English
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Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 2, Folder 1A ( SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (Regulatory), Folder 1 ), Item 4
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00050824
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

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Ch. 373 CONSERVATION; GEOLOGICAL; WATER RESOURCES DEPT.; ETC. Ch. 373 Ch. 373

373.081 Definitions.-When appearing in ground-water elevation data are incomplete, by and such or
this law or in any rule or regulation adopted reasonable calculations. ed to cooper
pursuant thereto, the following words shall History.-a2, ch. 57-380; 12, ch. 63-336. ing this co6
mean: 373.091 Ex em option s.-No provision of ation to
(1) Board or state board-The state board 373.081-373.251 shall apply to: information t
of converatioer man. (1) Individual users of state for domestic threport its f
(2) Division-The water resources division.
(3)purposes or ordinary livestock consumption. (5) To
(2) That part of rivers or streams which tinuing stut
% any water regulatory district created under the constitute the boundary of the state of Florida
or which may divide the lands of the state of a threat to
44 Florida from any other state. report its fir
\ control or water management district operating
S under the authority of chapter 378. (3) Control of water-borne wastes from sioners and
i ne atoi municipalities or industries. i are made.
6i (5) Water regulatory district--Any water Histoiy.-o, ch. 57-380.
control body created under the authority of this mstory.--7, ci
chapter. 373.101 Purpose; preservation of existing 373.141
(6) Beneficial use-A use of water, includ- rights and specific limitations.-The purposes and use of w
ing the method of diversion, storage, transpor- of this law are to implement the declared water (1) The
station, and application, that is reasonable and policy of this state by effecting the maximum the capture
consistent with property rights and with the beneficial utilization, development and con- watercourse
public interest in the proper utilization of wa- servation of the water resources of the state mum flow a
ter resources, including, but not limited to, in the bpst interest of all its people and to pre- those instai
domestic, agricultural, industrial, power, mu- vent the waste and unreasonable use of said cate that lol
nicipal, navigational, fish and wildlife, and rec- resources; however, the present property rights low the aver
rational use. of persons owning land and exercising existing of capture
(7) Water, or water resources-Surface water rights appertaining thereto shall be users, or th(
water excluding lakes or ponds completely sur- respected and such rights shall not be restrict- authorize th<
rounded by land the title to which is vested in ed without due process of law nor divested ter of any la
a single owner or in two or more cotenants, without payment of just compensation; and mum level;
joint tenants or tenants by the entireties; and there shall be no authorization to divert water and use of
ground water. from springs (or downstream therefrom), now average mini
(8) Average minimum flow-When required developed and operated for recreational pur- ture; and to
for the purposes of this law, the division shall poses or as tourist attractions, to a degree th:a: waters beyon
determine and establish the average mini- will materially interfere with such use. vided that su
mum flow for a given water-course at a given History.-, ch. 57-380. sion of watei
point thereon. The average minimum flow as source will r
used in this law shall be the average of the 373.131 General powers and duties of divi- uses existing
minimum thirty-day flow occurring during each sion.-The division shall have the followingr the capture,
of the five lowest calendar years in the period general powers and duties: (2) The
of the preceding twenty consecutive years. The (1) To conduct in cooperation with the divi- ing body of ai
determination shall be based upon available sion of geology and other agencies a continuous cerned with 1
flow data, supplemented, when available flow study by research and otherwise to determine form within t
: data are incomplete, by reasonable calcula- the most advantageous and best methods fnr of the activity
tions. obtaining maximum beneficial utilization, dce- to perform b
(9) Average minimum level-When re- velopment and conservation of the water re- History.-08 ch.
quired for the purposes of this law, the division sources of Florida and to make periodic report i
shall determine and establish the average min- to the board of its findings and recommenda- 373.142 W,
mum level for a given lake. The average mini- tions for transmission to the legislature. (1) The b<
mum level as used in this law shall be the aver- (2) To collect, compile and analyze for i\ where within
age of the minimum thirty-day lake water level use and guidance in administering the water ment district :
occurring during each of the five lowest calen- resources law of this state scientific and f.ac- area subject
dar years in the period of the preceding twenty tual data from the United States geologic:! tory districts :
consecutive years. The determination shall be survey, the division of geology, the state board of this law. .
based upon available lake-level data, supple- of health, the agricultural experiment station, cept by the c
mented, when available lake-level data are in- the engineering and industrial experiment sta- No district sl
complete, by reasonable calculations, tion and other federal and state agencies, and cept pursuant
(10) Average minimum elevation-When such state agencies are directed to coopera:tc may be called
required for the purposes of this law, the divi- with the division or its agents in making avaiil- agement distri
sion shall determine and establish the aver- able to it for this purpose such scientific and (a) Upon I
age minimum elevation for ground water at a factual data as they may have. commissioners
given point. The average minimum elevation as (3) To cooperate with water management county commit
used in this law shall be the elevation which districts, county or other local governr.er.tn counties in thi
is one-half of the distance between mean sea organizations or agencies created by genera, ly within any a
level and the average ground-water elevation special or local legislation for the purpose 0 a district; or
occurring during the period of the preceding utilizing and conserving the waters of this strat (b) Upon P
twenty consecutive years. The determination and to assist such organizations and agencic: cent of the fr
shall be based upon available ground-water in coordinating the use of their facilities aru: posed to be est
elevation data, supplemented, when available in an exchange of ideas, knowledge and dat.. j to the most re




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