Title: Interpretation of "consistent with the public interest" by the Governing Board of the District is guided by the legislative intent found in Fla. Stat.
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 Material Information
Title: Interpretation of "consistent with the public interest" by the Governing Board of the District is guided by the legislative intent found in Fla. Stat.
Physical Description: Book
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Spatial Coverage: North America -- United States of America -- Florida
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Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00052194
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
e In determining whether a proposed use of water is
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consistent with the ,.olic interest, the Governi Board of the

District is guided by the legislative intent found within Chapter

373, Florida Statutes. For example, to the extent a proposed use

tends to be consistent with the policy statements of the legislature

contained in Section 373.016(2), Florida Statutes, the proposed

use tends to be "consistent with the public interest." To the

extent the proposed use tends to be consistent with the policies,

goals, and objectives of the state water use plan, as described

in Section 373.036(2), Florida Statutes, the proposed use tends

to be "consistent with the public interest." To the extent the

proposed use tends to promote the most beneficial use of the

water resources of the state while protecting public health,

safety, and welfare and the interests of water users affected,

the proposed use tends to be "consistent with the public interest."

Section 373.171(1), Florida Statutes. Additionally, to the

extent the proposed use is consistent with the 'overall objectives

of the district or the department and is not harmful to the water
resources of the area, the proposed use tends to be "consistent

with the public interest." Section 373.219(1), Florida Statutes.

There are no specific, all inclusive, criteria which an

applicant may follow to demonstrate,'through competent substantial

evidence, that a proposed use of water is consistent with the

public interest. It must be recognized that we live in a world

in transition and what is consistent with the public interest

today, may cease to be consistent with the public interest at

some point in the future. Many activities which were not consistent

with the public interest in the past have now become consistent.

New methods, new technologies, new demands, new problems, and

many other changing factors mandate that "consistency with the

public interest" be measured by a flexible yardstick through the

exercise of sound discretion.





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