Title: Amendments
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Permanent Link: http://ufdc.ufl.edu/WL00002615/00001
 Material Information
Title: Amendments
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Amendments
General Note: Box 10, Folder 25 ( SF WMD Quarterly Meetings VOL II - 1977 ), Item 11
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00002615
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



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1 373.036 State water use plan. -

2 (1) The department shall proceed as rapidly as possible

3 to study existing water resources in the state; means and

4 methods of conserving ad .augmentilng suob waters ,existing and

5 contemplated needs and uses of water for protection and pro-

6 creation of fish and wildlife, irrigation, mining, power

7 development, and domestic, municipal, and industrial uses;

8 and all other related subjects, including drainage, reclama-

9 tion, flood-plain or flood-hasard- a*a zoning, and selection

10 of reservoir sites. The department shall cooperate with the

11 Division of State Planning of the Department of Administration

12 or its successor agency, progressively to formulateT-as-a

13 fiaeeenae-e&eaent-ef-a-eempekeesve-state-planT an inte-

14 grated, coordinated plan for the use and development of the

15 waters of the state, based on the above studies. This plan,

16 with such amendments, supplements and additions as may be

17 necessary from time to time, shall be known as the state

18 water use plan.

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373.039 Florida water plan. Thestqte vaer use plan

together with the water quality plans,. POlciep, standards,
and classifications of the department or its successor agency
as authorized by Chapter 403, P.S., shall constitute the
Florida water Plan. The state water u*a plan should be

developed in coordinattio with the Water quality standards
system. The department shell cooperate with the Division of
State Planning of the Department of Administration, or its
uaoeeaor gency, proqreeively ,to foraulate the State Water
Plan which shall be a functional element of the comprehensive
tate pIan.


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1 An act relating to water resources; creating s. 373.086 (3)

2 Florida Statues, providing for the p&yient of purchases of

3 land from ad valorem 'taxes.

4 Be It -na-ted by the legislature of the State of Florida:

5 Section 1. Section 373.086 (3), Florida Statues,

6 is created to read.

373.086 ProViding for district works.

8 (~ In order to help defray the cost of the acquisition
9 of lands'located Within ti legal boundaries of a water

10 management district, each district shall establish a special

11 truat fund which shall be funded from the levy of ad valorem

12 taxes. The maxkij u total village rate for this purpose which

13 each district can levy is as follows:
14 (a) Northwest Florida Water Management District:

15 0.0 mill

16 (b) Suwannee River Water Management District:

17 0.2 mill

; 1 (c) St. Johns River Water Management District:

19 0.1 mill

20 (d) Southwest Florida Water Management District:

21 0.1 mill

22 (e) South Florida Water Management District:

23 0.1 mill

24 These funds shall be for the acquisition of flood prone areas,

25 water storage lands, potential water well field sites, and

26 natural recharge areas, and may be used in conjunction with

27 general revenue funds if so appropriated by the legislature

28 for this purpose.

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1 373.109 Pemit application fees. TIhen a water management district

2 qov.eri-g board irplements a permit system pader t Ipa WI, or

3 IV of -ius chapter, it shall establish a schedule of fees foa fii4ng

4 applications for the, required permits. Such fees aall reflect the

5 cost -: the district for processing the application. However, permit

6 fees shall not be required from any governmental entity.
S 1 :l mor.eys received under the provisions of this section

8 shall be allocated for the use of the water management district and

9 shail be in addition to moneys otherwise appropriated in any general

10 appr-oriation act.

S (2) "he failure of any person to pay.the fees established hereuner

12 shall constitute grounds for revocation of his permit.

13 His--sy.-s. 19, part I, ch. 72-299;, 7, ch. 76-243.

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.M L-,JMEUT TO CHAPU'ER 373.303 -



1 (6) "Well" means any excava.iqL1 that is drilled, cored,

2 bored, washed, driven, dug, jetted, or otherwise constructed

3 when the intended use of such excavation is for the location,

4 acquisition, development, or artificial recharge of ground-

5 water, but such term does not include sena-point-weisa-as

6 herein-derinedT-er any wells for the purpose of obtaining

or prospecting for oil, natural gas, minerals, or products

8 .of mining or quarrying, for inserting media to dispose of

9 oil brines or to repressure oil- or natural gas-bearing

10 formation, or for storing petroleum, natural gas, or other
'11 products.

12 (7) "Water well contractor" means any person, firm, or

13 corporation engaged in the business of constructing water

14 wells.

15 (8) "Well seal" means an approved arrangement or device

16 to prevent contaminants from entering the well at the upper

17 terminal.

18 (9+-aBa d-peint-wel&a-means-any-"eviee-wheh-le-driven

l9 :nte-piaee-and-whieh-eenists ee--ea-pipe-wvih-an-a-taehed

2p pefeirated-a-etaa:-taboe-o-seteen-aesigned-te-pernAt-the

21 passage-ef-water.

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applicable rules and regulations.


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No person shall construct, repair, abandon, or cause

td be constructed, 'repaired, or abandoned, any water well

contrary to the provisions of this part and applicable

rules and regulations. This part shall not apply to

equipment used temporarily for dewatering purposes or to

the process used in dewatering. No person shall abandon

or cause to be abandoned any boring into a water bearing

formationn contrary to the provisions of this part and


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-: _D4ENT TO CAPTER ,373.306










1 373.324 Bond Requirement. -

2 (1) Bond must be provided Each applicant, upon

3 notification of his compliance with all other requirements

4 for a water well contractor's license, shall furnish the

5 Division of Environmental Permitting with a $10,000 bond

6. made payable to the Governor of Florida or his successor

7 in office. The bond shall be conditioned on the applicant

8 faithfully and correctly complying with the requirements

9 of all laws, rules and regulations recognized by the

10 Department of Environmental Regulation as dealing with

11 construction or abandonment of wells in Florida. The bond

12 shall be written and issued by a surety company authorized

13 to do business in the State of Florida. Said bond may be

14 used to correct any violation as determined through the pro-

15 cedures specified in Seciton 373.319 above. Failure to ob-

16 tain or maintain the prescribed bond shall be cause for

17 either revocation of the license, or refusal to issue a

18 license renewal. Notification in writing of any change,

'19 modification, revocation or cancellation of said bond by

20 such surety company, must be given to the State of Florida,

21 Department of Environmental Regulation or its successor by

22 said surety company, in writing, at least 15 days prior to

23 any such change, modification, revocation or cancellation.

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PART IV
MANAGEMENT AN'b STORAGt

OF SURFACE WATERS


373.403 Definitions, When appearing in this chapter or in

any rule, regulation, or order adopted pursuant thereto,

the following terms shall mean:


o 0
6@)--aeseed-s-ysfema-MeaeM-eny-rservied-er-weeke-ieeeted

etelreay-wfcrhkn-hatnde-evwed-er-eentre&&ed-hy-tehe-aee-sat

wh&eh-tequiree-wateew-qay-eri-tbe-E&&i&&gv-repheashingT-and

maintemainRg-4he-waeer-ieve-*cheree.


** (6) "Alter" means to extend a dam.. .

) (7) "Maintenance" or "repairs" means remedial work .

~B* 7) Mintnanc or ~.a


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373.406 Exemptions The following exemptions shall apply:

4(E-NethMig-hereinaT-e-i-ay-Ke-wegaae-eM-evde5-

aeped-peasoan-fhereb-shal-he-wen erd-be-e-eppk-


ea~b~e-te-eealat~uetf*en7-a~eteeise,-e f-anea@-aY


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eaoaed-eyefeir--H wevevar-pICr--e*f-o-*l*-shap*m-shai&-be

applieabie-as-to-the-fcakin -and-d4sehargingf-et-atcer- for

ir iny-i.epritishigy-and-fmantla eg-mh-wter-ievei

an-any-seh-eIesed-.4-yeem.

44*(3),All rights and restrictions set forth in this. .


















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2

3 bill to Ube entitled

4 An aet relaltit to arteilah ell-s, amending s.

5 373.20,"Florida Statutes, taking the
6 responsibility for determination of water

7 quality standards and specifications for

8 plugging from the Division ot Interior

9 Resources and giving such'responsiblity to the

10 -respective water management districts in.which

11 the wells are located; providing an effective

12 date.

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14 Be It Enacted by the Legislature of the State of Florida:

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16 Section 1. Section 373.206, Florida Statutes, is
17 amended to read:

18 373.206 Artesian wells; flow regulated. -Every person, stock

19 company, association or corporation, county or municipality

20 owning or controlling the real estate upon which is located

21 a flowing artesian well in this state shall within 90 days

22 after June 15, 1953, provide each such well with a valve

23 capable of controlling the discharge from the well, and

24 shall keep the valve so adjusted that only a supply of water

25 shall be available as is necessary for reasonable and

26 beneficial ordinary use by the owner, tenant, occupant or

27 person in control of the land er-peeenia-ase-enda-en-een-

28 dueting-h*e-blasiness. However, if the water in a well is

29 so highly mineralized or otherwise of such poor quality that

30 it is no longer a usable water supply, as determined by

31 the water management district in which the well is located,




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department, than it shall be plugged in accordance with
that district's departmen Ce- specifications for well plugging.


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3 A bill to be entitled

4 An act relating to artesian wells; creating s.

5 373.207, Florida Statutes, providing that each

6 water management district maintain an inventory

of artesian wells located within its

8 boundaries; providing for notification to

9 persons in control of artesian wells of their

10 duty to control same; providing for testing for

11 inter-aquifer mixing; providing for each

12 district to devise a comprehensive plan to

13 carry out the purposes of this section;
14 providing an effective date.

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16 Be It Enacted by the Legislature of the State of Florida:

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S18 Section 1. Section 373.207, Florida Statutes, is

19 created to read:

20 373.207 Artesian wells; water management district

21 responsibilities.--

22 (1) Each water management district shall establish an

23 inventory of all artesian wells having a diameter of 3 inches

24 or greater which are located within its boundaries. Each

2t district shall periodically examine each well and the water

26 flowing or being pumped from each, and maintain records on the

27 water quality, the status and conditions of all wells including

28 those which have been repaired or plugged, and any other

29 critical or unusual conditions encountered upon inspection.

30 (2) The district shall be responsible for notifying

31 any person owning or controlling the real estate upon which is




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I located an artesian well which is flowing continuously,

2 without a valve or mechanical device for checking or.

3 controlling the flow, of the provisions of s. 737.206.

4 (3) Whenever inter-aquifer mixing caused by an

5 artesian well can reasonably be expected to exist, the well

6. shall be tested by the district to determine if such mixing

7 exists. If mixing is found to exist so that the water in one

8 aquifer may become so highly mineralized or otherwise of such

9 poor quality that it may become an unusable water supply, the

10 district shall formulate procedures to end the mixing and

11 safeguard the water supply. If successful repair is possible,

12 the person owning or controlling the real estate upon which

13 the artesian well is located shall repair the well according

14 to specifications prepared by the water management district in

15 which the well is located. If successful repair is not

46 possible, the well shall be plugged in accordance with that

17 district's specifications for plugging.

18 (4) Each district shall formulate a comprehensive plan

19 to implement and maintain a program to meet the specifications

20 of this section and submit this plan to the Department of

21 Environmental Regulation or its successor agency by July 1,

22 1978. The department shall have the power to adopt guidelines

23 for this plan, and all plans must meet the requirements of

24 these guidelines. The department may require the district to

25 submit periodic reports on any action taken under this section

26 (5) Each district shall complete the inventory

27 procedure required by this section by January 1, 1981.

28 (6) For the purposes of this section, there is hereby

29 appropriated from the General Revenue the sum of $500,000.

30 Sectioq 2. This act shall take effect upon becoming a

31 law.




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298.01 Formation of water-management district -

(1) The Department of Environmental Regulatipn, or a

majority of the owners of any contiguous body of wet .or

overflowed lands or lands subject to overflow, situated in

one or more counties in this state, ay form a water-anage-

ment control district, hereinafter referred to as "district,"

for the purpose of preserving and protecting water resources,

for sanitary or agricultural purposes.. .


















































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298.26 Chief engineer to make annual reports to supervisors;

approval of reports; water-management plan. -

S. A copy of all such annual reports and the water-

management plan shall be filed with the Department of

Environmental Regulation. At lease Once each 5 years the

department shei may review the water-management plan and

propojs such modifications as ic may deem proper.




















































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