Title: 1985 Fla. Stats. Sec. 373.216. Implementation of program for regulating the consumptive use of water. 1p.
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Permanent Link: http://ufdc.ufl.edu/UF00052193/00001
 Material Information
Title: 1985 Fla. Stats. Sec. 373.216. Implementation of program for regulating the consumptive use of water. 1p.
Physical Description: Book
Spatial Coverage: North America -- United States of America -- Florida
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00052193
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.

Full Text


system. (d) Permit the water from the well to go to waste.
History.-ss 3 4c 28253, 1953 s 1ch 59-248. ss 25 35, ch 69-106; s 25, (2) A well is exempt from the provisions of this sec-
ch. 73-190, s. 44, ch. 79-65; s. 6, ch. 83-310
Note.-Former ss 370051, 373021, tion unless the Department of Environmental Regulation
can show that the uncontrolled flow of water from the
373.206 Artesian wells; flow regulated.-Every per- well does not have a reasonable and beneficial use, as
son, stock company, association, corporation, county, or defined in s. 373.019(5).
municipality owning or controlling the real estate upon (3) Any person who violates any provision of this
which is located a flowing artesian well in this state shall, section shall be subject to either:
within 90 days after June 15, 1953, provide each such (a) The remedial measures provided for in s.
well with a valve capable of controlling the discharge 373.436; or
from the well and shall keep the valve so adjusted that (b) A civil penalty of $100 a day for each and every
only a supply of water is available which is necessary for day of such violation and for each and every act of viola-
ordinary use by the owner, tenant, occupant, or person tion. The civil penalty may be recovered by the water
in control of the land for personal use and for conducting management board of the water management district in
his business. Upon the determination by the Depart- which the well is located or by the department in a suit
ment of Environmental Regulation or the appropriate wa- in a court of competent jurisdiction in the county where
ter management district that the water in an artesian the defendant resides, in the county of residence of any
well is of such poor quality as to have an adverse impact defendant if there is more than one defendant, or in the
upon an aquifer or other water body which serves as a county where the violation took place. The place of suit
source of public drinking water or which is likely to be shall be selected by the board or department, and the
such a source in the future, such well shall be plugged suit, by direction of the board or department, shall be in-
in accordance with department or appropriate water stituted and conducted in the name of the board or de-
management district specifications for well plugging, apartment by appropriate counsel. The payment of any
Hstory.-s. 1, ch 28253, 1953; s 1, ch 65-460; ss 25, 35, ch 69-106; s. 25, ch such damages does not impair or abridge any cause of
73-190; s. 45, ch. 79-65; s. 7, ch. 83-310.
Note.-Former ss 370052, 373.031 action which any person may have against the person
violating any provision of this section.
373.207 Abandoned artesian wells.- (4) The penalties provided by this section shall ap-
(1) Each water management district shall develop a ply notwithstanding any provisions of law to the con-
work plan which identifies the location of all known aban- trary.
doned artesian wells within its jurisdictional boundaries Hitory.-s 2, ch. 28253, 1953; s. 323, ch. 71-136; s 25, ch 73-190; s. 1, ch.
and defines the actions which the district must take in 7427. s- rch79-5 s. 46, ch.400
order to ensure that each such well is plugged on or be-
fore January 1, 1992. The work plan shall include the fol- 373.213 Certain artesian wells exempt.-Nothing
lowing: in ss. 370.051-370.055 shall be construed to apply to an
(a) An initial inventory which accounts for all known artesian well feeding a lake already in existence prior to
abandoned artesian wells in the district. June 15,1953, which lake is used or intended to be used
(b) The location and owner of each known aban- for public bathing and/or the propagation of fish, where
"doned well. the continuous flow of water is necessary to maintain its
(c) The methodology proposed by the district to ac- purity for bathing and the water level of said lake for fish.
complish the plugging of all known abandoned wells Hltory.-s. 6, ch 28253 195; s. 25, ch 73-190.
within the district on or before January 1, 1992. Nt-Former ss 370055 373-______ -____
(d) Data relating to costs to be incurred for the plug- '373.216 Implementation of program for regulating
going of all wells, including the per-well cost and person- the consumptive use of water.-The governing board
nel costs. of each water management district shall, no later than
(e) A schedule of priority for the plugging of wells, October 31,1983, implement a program for the issuance
which schedule is established to mitigate damage to the of permits authorizing the consumptive use of particular
ground water resource due to water quality degradation. quantities of water covering those areas deemed appro-
(2) Each water management district shall submit its [ private by the governing board. Appropriate monitoring
work plan to the Secretary of Environmental Regulation ? efforts shall be a part of any such program implemented.
no later than January 1, 1984. Thereafter, each water -Notice of any required hearing on the proposed imple-
management district shall submit an annual update of /mentation of these regulations shall be published at
its work plan until January 1, 1992, or until all wells identi- least once a week for 2 weeks in a newspaper of general
flied by the plan are plugged, whichever is later. circulation in the area to be affected by such regula-
History.-s 8, ch 83-310 tions, the last notice appearing no less than 10 days pri-

373.209 Artesian wells; penalties for violation.- oto the date of the public hearing, in addition to any no-
tice required by chapter 120.
(1) No owner, tenant, occupant, or person in control History-s 1, part i. ch 72-299l.cb !3(.-ct'rch-?8-=setch -t 101.
i of an artesian well shall knowingly and intentionally: -----
(a) Allow the well to flow continuously without a 373.217 Superseded laws and regulations.-
valve or mechanical device for checking or controlling (1) It is the intent of the Legislature to provide a
r the flow. means whereby reasonable programs for the issuance
(b) Permit the water to flow unnecessarily, of permits authorizing the consumptive use of particular
(c) Pump a well unnecessarily, quantities of water may be authorized by the Depart-
.. 492

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