Title: Opinion File 70-15
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Permanent Link: http://ufdc.ufl.edu/WL00003291/00001
 Material Information
Title: Opinion File 70-15
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 70-15
General Note: Box 14, Folder 2 ( Opinion File 1961-1971 - 1961-1971 ), Item 79
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003291
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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fli I / KEY WORDS: l2lY170- 15






Query: Can SWFWMD (R) control or regulate well fields by either prevent-
ing the construction of wells, limiting the number, size or depth, or
restricting the pumping from such wells?

Conclusion:
Yes, if it is shown by preponderance of the evidence presented at publiC
hearing that the use, either contemplated or present, is detrimental t6 other
water users or to the water resources of the state.

Discussion:
Section 373. 171 authorizes SWFWMD (RI to establish orders affecting the use
of water as conditions warrant, and forbidding the construction of new diver-
sion facilities or wells, the initiation of new water uses, or the modifications
of any existing uses, diversion facilities, or storage facilities wit in the
affected area. This power is granted 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.

This section further authorizes the Regulatory Board to regulate the use of
water within the affected area by apportioning, limiting or rotating uses of
water, or by preventing those uses which the local board finds haVe ceased
to be reasonable or beneficial. 373. 171(1)(b).

Sub-section (3) provides that no order shall require any modification of exist-
I ing use of water unless it is shown that the use is detrimental to other water
users or to the v,.atei resouirces of the state.
f



No rule shall be adopted except after a public hearing pursuant to notice as
provided in Section 373. 151 and the need for such action must be Shown by a
preponderance of the evidence presented at the public hearing. 373. 171(4).

If the Board desires to issue an order to a named person affecting his use of
water, rather than an order of general applicability and future effect, the
Regulatory Board need only give notice to such affected persons at least 10
days prior to the hearing. This notice can be given by personal service or
registered or certified mail and must state the time and place of the hearing
and proposed action concerning his use of water. 373. 151 (2).

Chairman McAteer asked that each member of the Board be provided a copy
of the opinion for their individual study.

There being no further business to come before the Board at this time the
meeting adjourned at 10:15 A. M.


DT:ce




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