Title: Water Resources Ch 373
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Title: Water Resources Ch 373
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Language: English
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Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Water Resources Ch 373
General Note: Box 10, Folder 14 ( SF-Water Use Caution Areas-SWFWMD - 1993-1994 ), Item 50
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chapter 61-691, Laws of Florida, or any contract or obli-
gation of such districts entered into prior to the effective
date of this act. The two districts shall continue to exer-
cise the taxing powers authorized to them in the territo-
ries within their respective boundaries, except that noth-
ing herein shall limit the department in considering and
recommending to the 1973 session of the Legislature
changes in the boundaries and transfers of funds,
appropriations, personnel, property, or equipment
between or among the existing districts and districts
created by this chapter. The two districts shall continue
to exercise the powers presently authorized by chapters
378 and 373, notwithstanding provisions contained to
the contrary in this chapter, until any such powers shall
be specifically revoked or modified by the department
pursuant to this chapter, except that the provisions of
s. 373.139 relating to acquisition of real property shall
apply.
Hltory.-s. 28. part I, ch. 72-299.

373.171 Rules and regulations.-
(1) In order to obtain the most beneficial use of the
water resources of the state and to protect the public
health, safety, and welfare and the interests of the water
users affected, governing boards, by action not incon-
sistent with the other provisions of this law and without
impairing property rights, may:
(a) Establish rules, regulations, or orders affecting
the use of water, as conditions warrant, and forbidding
the construction of new diversion facilities or wells, the
initiation of new water uses, or the modification of any
existing uses, diversion facilities, or storage facilities
within the affected area.
(b) Regulate the use of water within the affected
area by apportioning, limiting, or rotating uses of water
or by preventing those uses which the governing board
finds have ceased to be reasonable or beneficial.
(c) Make other rules, regulations, and orders neces-
sary for the preservation of the interests of the public
and of affected water users.
(2) In promulgating rules and regulations and issuing
orders under this law, the governing board shall act with
a view to full protection of the existing rights to water in
this state insofar as is consistent with the purpose of this
law.
(3) No rule, regulation or order shall require any mod-
ification of existing use or disposition of water in the dis-
trict unless it is shown that the use or disposition pro-
posed to be modified is detrimental to otner water users
or to the water resources of the state.
(4) All rules and regulations adopted by the govern-
ing board shall be filed with the Department of State as
provided in chapter 120. An information copy will be filed
with the Department of Environmental Regulation.
History.--s 11. ch. 57-380; s. 8, ch. 63-336; ss. 10. 25, 35, ch. 69-106; s. 8, ch.
76-243; s. 1, ch. 77-117: s. 14, ch. 78-95.

373.1725 Notice of intent by publication.-In addi-
tion to rulemaking procedures required pursuant to
chapter 120, the water management districts, when pro-
posing to adopt, amend, or repeal any rule, shall provide
notice of intent by publication in a newspaper of general
circulation in the affected area. The publication notice


shall summarize the proposed rule and shall occur at
least 14 days prior to the intended action.
H1stoy.-s. 12, ch. 91-288.

373.175 Declaration of water shortage; emergency
orders.-
(1) The governing board of the district may by order
declare that a water shortage exists within all or part of
the district when insufficient ground or surface water is
available to meet the needs of the users or when condi-
tions are such as to require temporary reduction in total
use within the area to protect water resources from seri-
ous harm.
(2) The governing board may impose such restric-
tions on one or more users of the water resource as may
be necessary to protect the water resources of the area
from serious harm.
(3) When a water shortage is declared, the govern-
ing board shall cause notice thereof to be published in
a prominent place within a newspaper of general circula-
tion throughout the area. Publication of such notice shall
serve as notire to all users in the area of the condition
of water shortage.
(4) If an emergency condition exists due to a water
shortage within any area of the district and the executive
director of the district, with the concurrence of the gov-
erning board, finds that the exercise of powers under
this section is not sufficient to protect the public health,
safety, or welfare, the health of animals, fish, or aquatic
life, a public water supply, or recreational, commercial,
industrial, agricultural, or other reasonable uses, he may,
pursuant to the provisions of chapter 120, issue emer-
gency orders reciting the existence of such an emer-
gency and requiring that such action, including, but not
limited to, apportioning, rotating, limiting, or prohibiting
the use of the water resources of the district, be taken
as the executive director, with the concurrence of the
governing board, deems necessary to meet the emer-
gency.
Hitoy.-s. 1, ch. 72-730; s. 25. ch. 73-190. s. 1. ch. 73-295. s. 14, ch 78-95;
s. 35. ch. 83-218.
Note.-Former s. 378.152.

373.185 Local Xeriscape ordinances.-
(1) As used in this section, the term:
(a) "Local government" means any county or munici-
pality of the state.
(b) "Xeriscape" means a landscaping method that
maximizes the conservation of water by the use of site-
appropriate plants and an efficient watering system. The
principles of Xeriscape include planning and design,
appropriate choice of plants, soil analysis which may
include the use of solid waste compost, efficient irriga-
tion, practical use of turf, appropriate use of mulches,
and proper maintenance.
(2) Each water management district shall design
and implement an incentive program to encourage all
local governments within its district to adopt new ordi-
nances or amend existing ordinances to require Xeri-
scape landscaping for development permitted after the
effective date of the new ordinance or amendment. Each
district shall adopt rules governing the implementation
of its incentive program and governing the review and
approval of local government Xeriscape ordinances or


1052


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Ch. 37 WATER RESOURCES .S. 1991


board or the department may revoke the permit perma-
nently and in whole unless the user can prove that his
nonuse was due to extreme hardship caused by factors
beyond his control.
(5) The governing board or the department may
revoke a permit, permanently and in whole, with the writ-
ten consent of the permitted.
HIntoy.-s. 9, part ch. 72-299; s. 14, ch. 78-95.
373.244 Temporary permits.-
(1) The governing board of a water management dis-
trict may issue, or may authorize its executive director
to issue, temporary permits for the consumptive use of
water while an application is pending for a permit pursu-
ant to ss. 373.219 and 373.229.
(2) Such a temporary permit shall be issued for a
period of time to expire on the day following the next reg-
ular meeting of the governing board. At such meeting,
the governing board shall consider whether it appears
that the proposed use meets the criteria set forth in s.
373.223(1) and that such temporary permit is necessary
for consumptive use of water prior to final action on an
application for a permit pursuant to ss. 373.219 and
373.229.
(3) The governing board may summarily extend the
term of a temporary permit for subsequent periods of
time to expire on or before the day following the next
regular meeting of the governing board.
(4) The board shall review temporary permits at
each regular meeting and may terminate a temporary
permit or refuse to extend it further upon a finding that
the water use does not meet the criteria set forth in s.
373.223(1) or that adverse effects are occurring as a
result of water use under the temporary permit or that
the water authorized to be used under such permit is no
longer required by the permitholder.
(5) The notice and hearing that might otherwise be
required pursuant to s. 373.116(2) and chapter 120 shall
not be required prior to issuance or extension of a tem-
porary permit pursuant to the provisions of this section.
(6) Issuance of a temporary permit pursuant to the
provisions of this section shall not in any way be con-
strued as a commitment to issue a permit pursuant to
ss. 373.219 and 373.229. No action taken by the govem-
ing board, or by the executive director if so authorized,
shall be construed to estop the governing board from
subsequently denying an application for a permit pursu-
ant to ss. 373.219 and 373.229.
HI.tloy.-s. 1. ch. 79-160.
373.245 Violations of permit conditions.-Holders
of consumptive use permits who violate conditions of
such permits shall be liable to abutting consumptive use
permitholders for damages caused by such permit viola-
tions. No cause of action shall accrue under this section
until the complainant has first applied for and then been
denied relief by the water management district for the
permit violations complained of. The provisions of this
section are supplemental, and nothing in this section is
intended to preclude the use of any other existing cause
of action, remedy, or procedure.
HIstoMy.-s. 10, ch. 82-101.
373.246 Declaration of water shortage or emer-
gency.-


(1) The governing board or the department by regu-
lation shall formulate a plan for implementation during
periods of water shortage. Copies of the water shortage
plan shall be submitted to the Speaker of the House of
Representatives and the President of the Senate no later
than October 31, 1983. As a part of this plan the govern-
ing board or the department shall adopt a reasonable
system of water-use classification according to source
of water supply; method of extraction, withdrawal, or
diversion; or use of water or a combination thereof. The
plan may include provisions for variances and alterna-
tive measures to prevent undue hardship and ensure
equitable distribution of water resources.
(2) The governing board or the department by order
may declare that a water shortage exists for a source or
sources within all or part of the district when insufficient
water is or will be available to meet the present and
anticipated requirements of the users or when condi-
tions are such as to require temporary reduction in total
use within the area to protect water resources from seri-
ous harm. Such orders will be final agency action.
(3) In accordance with the plan adopted under sub-
section (1), the governing board or the department may
impose such restrictions on one or more classes of
water uses as may be necessary to protect the water
resources of the area from serious harm and to restore
them to their previous condition.
(4) A declaration of water shortage and any mea-
sures adopted pursuant thereto may be rescinded by
the governing board or the department.
(5) When a water shortage is declared, the govern-
ing board or the department shall cause notice thereof
to be published in a prominent place within a newspaper
of general circulation throughout the area. Publication of
such notice will serve as notice to all users in the area
of the condition of water shortage.
(6) The governing board or the department shall
notify each permitted in the district by regular mail of any
change in the condition of his permit or any suspension
of his permit or of any other restriction on his use of
water for the duration of the water shortage.
(7) If an emergency condition exists due to a water
shortage within any area of the district, and if the depart-
ment, or the executive director of the district with the
concurrence of the governing board, finds that the exer-
cise of powers under subsection (1) is not sufficient to
protect the public health, safety, or welfare; the health
of animals, fish or aquatic life; a public water supply; or
recreational, commercial, industrial, agricultural, or other
reasonable uses, it or he may, pursuant to the provisions
of s. 373.119, issue emergency orders reciting the exist-
ence of such an emergency and requiring that such
action, including, but not limited to, apportioning, rotat-
ing, limiting, or prohibiting the use of the water
resources of the district, be taken as the department or
the executive director deems necessary to meet the
emergency.
(8) An affected party to whom an emergency order
is directed under subsection (7) shall comply immedi-
ately, but may challenge such an order in the manner set
forth in s. 373.119.
HitMy.-s. 10. part II, ch. 72-299; s. 14, ch. 78-95; s. 11, ch. 82-101; s. 10, ch.
84-341.


1062


Ch. 373


WATER RESOURCES


1. S.F 991




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