Title: Opinion File 78-24 thru 78-25
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Permanent Link: http://ufdc.ufl.edu/WL00003529/00001
 Material Information
Title: Opinion File 78-24 thru 78-25
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 78-24 thru 78-25
General Note: Box 14, Folder 5 ( Opinions 1976 - 1977 - 1976 - 1977 ), Item 81
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003529
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
y8 8-24




MEMORANDUM

TO:
KEY WORDS: __ -
FROM: LMB 7
DATE: August 15, 1978 L--
RE: SWFWMD -- Exemption for Domestic Consumption


Query: Do rules of SWFWMD provide that a permit is required
for domestic consumptive use of water by individual users if
the withdrawal is from a well having an inside diameter of
six inches or more?

16J-2.03(1)(b) states:
Permits are required for the withdrawal of water if the
withdrawal is from a well having an inside diameter of
six inches or more.

16J-2.04(3)(a) states:
SNo permit shall be required for domestic consumption
of water by individual users but the Board shall presume,
unless otherwise shown to the contrary, that any use
of water exceeding the quantities set forth in 16J-2.03
is not limited to such domestic consumption and is
thereby not exempt by this provision.
Section 373.219(1), F.S. states:

No permit shall be required for domestic consumption
of water by individual users.
In view of the statutory language it seems inappropriate to require
a consumptive use permit even if the withdrawal is from a well
having an inside diameter of six inches or more so long as the
water will be used for domestic consumption by individual users.
The exemption set forth in Section 16J-2.04(3)(a) could be
construed to adequately cover and exempt withdrawals for domestic
consumption of water by individual users since the presumption
(unless otherwise shown to the contrary) only relates to use of
water exceeding the quantities set forth in Rule 16J-2.03.


111






28-q25

MEMO
N August 15, 1978
Page 2



This exemption provides that if the withdrawal during a single
day exceeds 1,000,000 gallons or if the average annual daily
withdrawal exceeds 100,000 gallons then the Board shall presume,
unless otherwise shown to the contrary, that such use is not
limited to domestic consumption and is thereby not exempt by
this provision. The presumption does not extend to the size
of the withdrawal facility. Therefore, even if the withdrawal
is from a well having an inside diameter of six inches or more
or if the withdrawal equipment has a capacity of more than
1,000,000 gallons per day it would still be exempt from consumptive
use permitting if the water withdrawal will be used for domestic
consumption by individual users.

A permit for construction of a well two inches or greater in
diameter is required by Part 3 of the rules even though the well
will be used for domestic consumption by individual users.

It would seem appropriate to advise each owner who is exempt
under the domestic consumption provision that his exemption only
applies so long as the water is used for domestic consumption
' by individual users and any extension of use would require a
consumptive use permit.

Rule 16J-2.16(2)(b) defines domestic use to include use for
individual personal needs or for household purposes such as
drinking, bathing, heating, cooking, or sanitation. This is
taken directly from Section 373.019(7), Florida Statutes.


LMB/pap


~I




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