Title: Fla. Stat. 373.071, 373.072, 373.081 and 373.091 re "Water Resources Law,"
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 Material Information
Title: Fla. Stat. 373.071, 373.072, 373.081 and 373.091 re "Water Resources Law,"
Alternate Title: Fla. Stat. 373.071, 373.072, 373.081 and 373.091 re "Water Resources Law," Conservation, Definitions of Policy and Definitions and Purposes.
Physical Description: 2p.
Language: English
 Subjects
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 11
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00050831
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
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LOGICAL; WATER RESOURCES DIV.; ETC. Ch. 373 Ch. 373 CONSERVATION; GEOLOGICAL: WATER
,and shall any water regulatory district created under the the boa
and shall which lake is used or intended to be used for authority of this chapistrict created under the the bo
y a supply public bathing and/or the propagation of fish, (4) Water management district-ot bAny c
:essary for where the continuous flow of water is neces control or ) after management district operAny f lood said dcnt
,, occupant sary to maintain its purity for bathing and the under the authority of chapter 378 management district operating less cotifi
r personal water level of said lake for fish. (5) Water regulatory district-Any 378 notifiat
. However, History.-s6, ch. 28253, 1953. (5) after regulatory district-Any after istor.-
-ineralized Note.-Formerly 5370.05s. control body created under the authority of this 6S-409.
it is no chapter.
Srmined by 373.071 Water resources law.--S e c tio n s (6) Beneficial use---A use of water, includ- f3t73.091
:conserva- cited 7 through 373.241 shall be known and ing the method of diversion, storage, transpor- (1) i0
conserva- cited as the "water resources law." station, and application, that is reasonable and purpose
well plug.- History.-l, L 57-380. consistent with property rights and with the (2) T
373072 Declaration of public interest in the proper utilization of wa- consitu
the rapid growth of population, agriculture, domestic, agricultural, industrial, power, mu- Florida c
industry, and other economic activities, the nicipal, navigational, fish and wildlife, and rec-
for viola- water resources of the state must be pro- rational use. (3) C
or person tested, conserved, and controlled to assure (7) Water, or water resources--Surface municipal
hal allow their reasonable and beneficial use in the water excluding lakes or ponds completely sur- istorJ.-_
.ta valve, interest of the people of the state. There- rounded by land the title to which is vested in 373.101
control fore, it is declared to be the policy of the a single owner or in two or more cotenants, rights an
unneces t w at joint tenants or tenants by the entireties; and of this ia
unneces- (1) Waters in the state are a natural re- ground water. policy ou
sdemean source. (8) Average minimum flow-When required beneficial
d by law. (2) The ownership, control of develop- for the purposes of this law, the division shall servatio
a a ment and us of waters all beneficial dtemrmne and e-tablish the average minimum in the be:
purposes is within the jurisdiction of the flow for each month, January through Decem- vent the
state which in the exercise of its powers may ber, for a given watercourse at a given point resource
wells are establish measures to effectuate the proper and thereon. The average minimum flow as used of person
comprehensive utilization and protection of in this law shall be the average of the five water ri
-r a rea- the waters. lowest monthly mean discharge for each month, respected
agent of (3) The changing wants and constantly January through December, occurring during ed with
mission increasing needs of the people of the stantly the past twenty years of natural flow. The de- without
permission said may require the water resources of the state termination shall be based on available flow there sha
ofinves- to be put to beneficial uses to the extent data or in the absence of such data, it shall be from spri
urces of of which they are most reasonably capabextent established by reasonable calculations by the developed
granted andof of therefore thare mowaste and unreasonably c e division of water resources and conservation poses or :
tch land use of water should be prevented and the of the state board or its authorized agent will mate
surveys conservation of water should be accomplished. (9) Average minimum level-When re- History.-5
Sunder (4) The public welfare and t quired for the purposes of this law, the division
statute the(4) The public welfare reqand interest of shall determine and establish the average mrin- .373.131
>t by so development, wise use, conservation and pro- mnum level as use in ethis lawThe averagll be mithe general son-Th
dbelia- tection of water resources together with e mum level as used i this law shall be the general p
of such protection of land resources affected thereby average of the minimum thirty days lake water (1) T
(5) In an r acte hereby, level occurring during each of the five years of sion of ge
IncI with a subsu reading diversion of surface and lowest levels in the period of the preceding study by
031, or stubate is rewater in certain parts of the twenty consecutive years. The determination the most
31, or state is exceeding or threatening to ex- shall be based upon available lake level data, obtaining
elation eed thers e natural replenishment of such wa- supplemented when available by reasonable development
author re- orto reers and threatens to exhaust such waters calculations made by the division of water re- sources of
uthor- or to render them unfit for use by intrusion sources and conservation or its authorized to the bo
I of the d f salt water, or from other causes. It is to the agent. tions for
withe de- interest of the citizens of th state to conserve (10) Mean low level-When required for the (2) TC
wito in- andequitablers bmallocating their use in a fair purposes of this law, the division shall deter- use and E
pon the mine and establish the mean low level for resources
accord (6)l The foregoing declarations of policy ground water a~gIven-Toin The mean low tual data
shall73.04 not be construed to amend or modify level as used in this law shall be the level, survey, th
alve3 the provisions of 373.101. as determined by the division of water re- of health.
e wells st, ch -a. sources and conservation, below which the low- the engine
expense 373.081 Definitio.ns -When ering of the ground water level will cause ir- tion and<
this law or in t any sle or- appearing in reparable damage to adjacent landowners or such state'
this law or i.n any rule or regulation adopted contamination of the water source. The deter- with the c
"meant- thereto, the following words shall mination shall be based on available ground able to it
(1) Board or state board-T tat water level data, supplemented, when such data factual de
pt- of conservation board-The state board are incomplete, by reasonable calculations (3) To
p con- (2) Division-The i ivi o made by the division of water resources and districts,
ding a sources andonser division n o water re- conservation or its authorized agent. Provided, organization
i, 1953, (3) Local board-The governing board of however, that said calculations as made by special or
1872 1873

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3 CONSERVATION; GEOLOGICAL; WATER RESOURCES DIV.; ETC. Ch. 373

tter regulatory district created under the the board of conservation or its agents shall
ity of this chapter. not be conclusive or carry any presumption but
Water management district-Any flood said determination shall become conclusive un-
1 or water management district operating less contested in writing within sixty days after
the authority of chapter 378. notification.
Water regulatory district-Any water History.--a, ch. 7-3a80; a2, ch. 63-336; (2), (8)-(io) 51, eh.
[ body created under the authority of this 65-409.
r. 373.091 E x e m p t i o n s.--No provision of
Beneficial use-A use of water, includ- 373.081-373.241 shall apply to
method of diversion, storage, transpor- (1) Individual users, of water for domestic
and application, that is reasonable and purposes or ordinary livestock consumption.
amnt with property rights and with the (2) That part of rivers or streams which
1-,erest in the proper utilization of wa- constitute the boundary of the state of Florida
:,es, including, but not Iimirted to, or which may divide the lands of the state of
:a. agricultural, industrial, power, mu- Florida from any other state.
-avigational, fish and wildlife, and rec-
s: use. (3) Control of water-borne wastes from
Water, or water resources--Surface municipalities or industries.
excluding lakes or ponds completely sur-
d by land the title to which is vested in 373.101 Purpose; preservation of existing
le owner or in two or more cotenants, rights and specific limitations.-The purposes
mnants or tenants by the entireties; and of this law are to implement the declared water
water. policy of this state by effecting the maximum
Average minimum flow---When required beneficial utilization, development anrd c"-
Spurposes of this law, the division shall servation of the water resources of the state
ine and establish the average minimum in the best interest of all its people and to pre-
r each month, January through Decem- vent the waste and unreasonable use of said
r a given watercourse at a given point resources; however, the present property rights
L. The average minimum flow as used of persons owning land and exercising existing
law shall be the average of the five water rights appertaining thereto shall be
monthly mean discharge for each month, respected and such rights shall not be restrict-
y through December, occurring during ed without due process of law nor divested
Stwenty years of natural flow. The de- without payment of ust compensation; and




Average minimum level----When re- mistory,.-4, ch. 57-3s0.
:r the purposes of this law, the division
etermine and establish the average min- 373.131 General powers and duties of divi-
evel for a given lake. The average mini- sion.-The division shall have the following
vel as used in this law shall be the general powers and duties:
2 of the minimum thirty days lake water (1) To conduct in cooperation with the divi-
:curring during each of the five years of slon of geology and other agencies a continuous
levels in the period of the preceding study by research and otherwise to determine
consecutive years. The determination the most advantageous and best methods for
e based upon available lake level data, obtaining maximum beneficial utilization, de-
aented when available by reasonable velopment and conservation of the water re-
tions made by the division of water re- sources of Florida and to make periodic reports
Sand conservation or its authorized to the board of its findings and recommenda-
tions for transmission to the legislature.
Mean low level-When required for the (2) To collect, compile and analyze for its
.s of this law, the division shall deter- use and guidance in administering the water
nd establish the mean low level for resources law of this state scientific and fae-
water at a given point. The mean low tual data from the United States geological
3 used in this law shall be the level, survey, the division of geology, tL'e state board
;rmined by the division of water re- of health, the agricultural experiment station,
and conservation, below which the low- the engineering and industrial experiment sta-
f the ground water level will cause ir- tion and other federal and state agencies, and
,le damage to adjacent landowners or such state agencies are directed to cooperate
nation of the water source. The deter- with the division or its agents in making avail-
n shall be based on available ground able to it for this purpose such scientific and
svel data, supplemented, when such data factual data as they may have.
complete by reasonable calculations (3) To cooperate with water management
y the division of water resources and districts, county or other local governmental
ation or its authorized agent. Provided, organizations or agencies created by general
r, that said calculations as made by special or local legislation for the purpose of
1873




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