Title: 17.40.04 Water Use
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Permanent Link: http://ufdc.ufl.edu/WL00001752/00001
 Material Information
Title: 17.40.04 Water Use
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: 17.40.04 Water Use Adopted 11/17/81
General Note: Box 9, Folder 6 ( SF- State Water Policy/Property Rights Issue - 1980-1981 ), Item 9
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00001752
Volume ID: VID00001
Source Institution: Levin College of Law, 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

17-40.04 Water Use -- --

The follow hall apply to those areas wheri use of water
is regulated pursuant to Part II of Chapter 373, Florida Statutes:

(1) No permit shall be granted to authorize the use of water
unless the applicant establishes that the proposed use is a
reasonable-beneficial use, will not interfere with presently
existing legal uses of water and is consistent with the public
interest.
(2) In determining whether a water use is a reasonable-beneficial
use, consideration should be given to any evidence presented
concerning the following factors:
(a) The quantity of water requested for the use;
(b) the demonstrated need for the use;
(c) The suitability of the use to the source of water;
(d) The purpose and value of the use;
(e) The extent and amount of harm caused;
(f) The practicality of mitigating any harm by adjusting
the quantity or method of use;
(g) Whether the impact of the withdrawal extends to land
not owned or legally controlled by the user;
(h) The method and efficiency of use;
(i) Water conservation measures taken or available to be
taken;
(j) The practicality of reuse, or the use of waters of
more suitable quality;
(k) The present and projected demand for the source of water;
(1) The long term yield available from the source of water;
(m) The extent of water quality degradation caused;
(n) Thether the proposed use would cause or contribute to
flood damage; and
(o) Whether the proposed use would significantly induce salt
water intrusion.
(p) The amount of water which can be withdrawn without
causing harm to the resource.
(q) Other relevant factors.
(3) Water shall be reserved from permit use in such locations and
quantities, and for such seasons of the year, as in the judgment of
the Department or District may be required for the protection of
fish and wildlife or the public health or safety.
(4) Conservation of water shall be a requirement unless not
economically or environmentally feasible.
(5) In implementing consunptive use permitting programs, the
Department and Districts shall recognize the rights of property
owners, as limited by law, to make consumptive uses of water from
their land, and the rights of other users, as limited by law, to
make consumptive uses of water, for reasonable beneficial uses in
a manner consistent with the public interest that will not interfere
with any presently existing legal use of water.
(6) Permits authorizing oonsuptive uses of water which cause
unanticipated significant adverse impacts on off-site land uses
existing at the time of permit application, or on legal uses of
water existing at the time of permit application, should be
considered for modification to curtail or abate the adverse impacts
unless the impacts can be mitigated by the permitted.




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