Title: Opinion File 76-177 thru 76-178
Full Citation
Permanent Link: http://ufdc.ufl.edu/WL00003474/00001
 Material Information
Title: Opinion File 76-177 thru 76-178
Physical Description: Book
Language: English
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Buddy Blain's Collections - Opinion File 76-177 thru 76-178
General Note: Box 14, Folder 5 ( Opinions 1976 - 1977 - 1976 - 1977 ), Item 27
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003474
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

W southwest Flida 71
Water ManLagemenrit District

DERRILL McATEER. Chairman. Brooksville THOMAS VAN DER VEER. Secretary. Yankeetown RONALD B. LAMBERT. Wauchula
J. R. GRAW. Vice Chairman, Ocala S. C. BEXLEY. JR., Land O'Lakes ROBERT MARTINEZ. Tampa
JOE E. HILL, Treasurer. Leesburg N. BROOKS JOHNS. Lakeland LEWIS H. HOMER. Clearwater
1 7, 19V6 Dunald R. Feaster. Executive Director
1 7, 1976 -
'0Yf111o' Lola(

APR 9 1976
;er Bales, Jr., Esquire
F Attorney
Sof Zephyrhills / /
- Eighth Street r
iyrhills, Florida 33599
Mr. Bales: / 77
- letter dated March 29, 1976 has been referred to me for reply.
-eply to your inquiry, you are familiar with Chapter 373, Florida Statutes,
:h governs your situation. If you will look at Part III of Chapter 373,
nill show that the construction, repair or abandoning of water wells of
r two inches are subject to regulation by the Department of Environmental
elation, successor to the Department of Natural Resources, and the Water
agement Districts. Thus, an Ordinance prohibiting construction of wells
ject to regulation under Chapter 373, F.S., would be in conflict with the
te Statute. However, you should note the exemption under Section 373.226,
., which covers construction of wells two inches or under in diameter for
in a single family residence or for farming purposes. It appears that the
/ regulations over these wells would be over the water well contractor and
health standards imposed by the health units in counties and cities.
to regulating the consumptive use of the water, Parts II and IV of Chapter
SF.S., are applicable to the activity. In implementing the authority
nted in Chapter 373, F.S., the Southwest Florida Water Management District
pted Rules that appear in Chapter 16J, Florida Administrative Code. Enclosed
& compilation of the applicable rules and laws mentioned herein for your
distance. You will note that this District's rules require permits when the
hdrawal is for a 100,000 gallons average per day on an annual basis, is from
ell having an inside diameter of six inches or more, or if the withdrawal
withdrawal equipment will be for more than one million gallons per day.
ordingly, the above information should indicate the law applicable to the
istruction of wells and permitting the use of the water. Any Ordinance
cted by the City of Zephyrhills would have to be drawn so as not to conflict


er Bales,
1 7, 1976

Jr., Esquire


Sany existing law or regulation enacted pursuant to Chapter 373, Florida
utes. Should you need additional information or assistance, please

Truly yours,

Ff Attorney

Myron G. Gibbons, Esquire
Mr. James A. Mann

.* -s

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