F.S. 1985 WATER RESOURCES Ch. 373
"f ment of Environmental Regulation, subject to judicial re- mines that such transport and use is consistent with the
view and also subject to review by the Governor and public interest, and no local government shall adopt or
Cabinet, sitting as the Land and Water Adjudicatory enforce any law, ordinance, rule, regulation, or order to
Commission as provided in s. 373.114. the contrary.
(2) It is the further intent of the Legislature that Part (3) The governing board or the department, by regu-
II of the Florida Water Resources Act of 1972, as amend- nation, may reserve from use by permit applicants, water
ed, as set forth in ss. 373.203-373.249, shall provide the in such locations and quantities, and for such seasons
exclusive authority for requiring permits for the con- of the year, as in its judgment may be required for the
sumptive use of water and for authorizing transportation protection of fish and wildlife or the public health and
thereof pursuant to s. 373.223(2). safety. Such reservations shall be subject to periodic re-
(3) If any provision of Part II of the Florida Water Re- view and revision in the light of changed conditions.
sources Act of 1972, as amended, as set forth in ss.i However, all presently existing legal uses of water shall
373.203-373.249, is in conflict with any other provision, be protected so long as such use is not contrary to the
limitation, or restriction which is now in effect under any\ public interest.
law or ordinance of this state or any political subdivision History.-s 3. part I, ch 72 299 s 10, ch 73190; s 10, ch 76-243 s 35. ch
or municipality, or any rule or regulation promulgated \ -i "
thereunder, Part II shall govern and control, and such 3 Ect o rior l c n on
other law or ordinance or rule or regulation promulgated 3732235 Effect of prior land acquisition on con-
thereunder shall be deemed superseded for the pur- sumptive use permitting.-The fact that any applicant
pose of regulating the consumptive use of water. How- has acquired, by the exercise of eminent domain or oth-
ever, this section shall not be construed to supersede erwise, any land for the specific purpose of serving as
the provisions of the Florida Electrical Power Plant Siting a site for a wellfield or fight-of-way prior to obtaining a
Act. consumptive use permit from a water management dis-
(4) Other than as provided in subsection (3) of this trict does not create any presumption of entitlement to
section, Part II of the Florida Water Resources Act of a consumptive use permit. Evidence relating to such pri-
1972, as amended, preempts the regulation of the con- or acquisition of land or right-of-way by any applicant is
sumptive use of water as defined in this act. not admissible in any proceeding related to consump-
History.-s 9, ch 76-243; s 1, ch 77-174 tive use permitting and has no bearing upon any water
management district's determination of reasonable ben-
373.219 Permits required.- eficial use in the permitting process. In the event that
(1) The governing board or the department may re- any applicant elects to acquire land prior to obtaining a
quire such permits for consumptive use of water and consumptive use permit from a water management dis-
may impose such reasonable conditions as are neces- trict, such action shall be considered a voluntary risk as-
sary to assure that such use is consistent with the over- sumed by the applicant, and the fact of such prior acqui-
all objectives of the district or department and is not sition shall not be admissible in any administrative or ju-
harmful to the water resources of the area. However, no dicial proceeding relating to consumptive use permitting
permit shall be required for domestic consumption of under this chapter, including any appeal taken from a
water by individual users, water management district decision.
(2) In the event that any person shall file a complaint History.-s. 85, ch 83-310
with the governing board or the department that any
other person is making a diversion, withdrawal, im- 373.224 Existing permits.-Any permits or permit
poundment, or consumptive use of water not expressly agreements for consumptive use of water executed or
exempted under the provisions of this chapter and with- issued by an existing flood control, water management,
out a permit to do so, the governing board or the depart- or water regulatory district pursuant to chapter 373 or
ment shall cause an investigation to be made, and if the chapter 378 prior to December 31, 1976, shall remain in
facts stated in the complaint are verified the governing full force and effect in accordance with its terms until
board or the department shall order the discontinuance otherwise modified or revoked as authorized herein. :1i
of the use. History.-s. 11, ch 73 190, s 3, ch 75-125.
History.-s 2, part I!, ch. 72-299; s 9, ch. 73-190 373.226 Existing uses.-
_^~ -_ 373.226 Existing uses.-
.. 373.223 Conditions for a permit.- (1) All existing uses of water, unless otherwise ex-
/ (1) To obtain a permit pursuant to the provisions of empted from regulation by the provisions of this chap-
this chapter, the applicant must establish that the pro- ter, may be continued after adoption of this permit sys-
posed use of water: tem only with a permit issued as provided herein.
(a) Is a reasonable-beneficial use as defined in s. (2) The governing board or the department shall is-
373.019(4); sue an initial permit for the continuation of all uses in ex-
(b) Will not interfere with any presently existing legal istence before the effective date of implementation of
use of water; and this part if the existing use is a reasonable beneficial use
(c) Is consistent with the public interest, as defined in s. 373.019(5) and is allowable under the
(2) The governing board or the department may au- common law of this state.
thorize the holder of a use permit to transport and use (3) Application for permit under the provisions of
ground or surface water beyond overlying land, across subsection (2) must be made within a period of 2 years
county boundaries, or outside the watershed from which from the effective date of implementation of these regu-
it is taken if the governing board or department deter- lations in an area. Failure to apply within this period shall