Title: 1982 Supplement to Florida Statutes 1981, Chapter 373, Water Resources
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Title: 1982 Supplement to Florida Statutes 1981, Chapter 373, Water Resources
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Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - 1982 Supplement to Florida Statutes 1981, Chapter 373, Water Resources (JDV Box 86)
General Note: Box 22, Folder 4 ( Court Cases in The State Of Florida - 1982 ), Item 6
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Volume ID: VID00001
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Full Text



1982 SUPPLEMENT TO FLORIDA STATUTES 1981





CHAPTER 373
WATER RESOURCES
PART I STATE WATER RESOURCE PLAN
PART II PERMITTING OF CONSUMPTIVE
USES OF WATER
PART IV MANAGEMENT AND STORAGE
OF SURFACE WATERS
PART V FINANCE AND TAXATION
PART VI MISCELLANEOUS PROVISIONS

PART I
STATE WATER RESOURCE PLAN
373.019 Definitions.
373.0395 Groundwater basin resource availability
inventory.
373.0693 Basins; basin boards.
373.0695 Duties of basin boards; authorized ex-
penditures.
373.073 Governing board.
373.076 Vacancies in the governing board; remov-
al from office.
373.079 Members of governing board; oath of of-
fice; staff.
373.083 General powers and duties of the govern-
ing board.
373.084 District works, operation by other govern-
mental agencies.
373.085 Use of works by other districts.
373.086 Providing for district works.


_











q~ ~019 982SUPPEMET TOFLOIDA TATTES 981s. 373.0693


373.087 District works using aquifer for storage
and supply.
373.088 Application fees for certain real estate
transactions.
373.089 Sale of lands.
373.093 Lease of lands or interest in land.
373.096 Releases.
373.099 Execution of instruments.
373.103 Powers which may be vested in the gov-
erning board at the department's dis-
cretion.
373.1961 Water production.

373.019 Definitions.-When appearing in this
chapter or in any rule, regulation, or order adopted
pursuant thereto, the following words shall, unless
the context clearly indicates otherwise, mean:
(1) "Department" means the Department of En-
vironmental Regulation or its successor agency or
agencies.
(2) "Water management district" means any flood
control, resource management, or water management
district operating under the authority of this chapter.
t3) "Governing board" means the governing board
of a water management district.
(4) "Reasonable-beneficial use" means the use of
water in such quantity as is necessary for economic
and efficient utilization for a purpose and in a man-
ner which is both reasonable and consistent with the
public interest.
(5) "Person" means any and all persons, natural
or artificial, including any individual, firm, associa-
tion, organization, partnership, business trust, corpo-
ration, company, the United States of America, and
the state and all political subdivisions, regions, dis-
tricts, municipalities, and public agencies thereof.
The enumeration herein is not intended to be exclu-
sive or exhaustive.
(6) "Domestic use" means the use of water for the
individual personal household purposes of drinking,
bathing, cooking. or sanitation. All other uses shall
not be considered domestic.
(7) "Nonregulated use" means any use of water
which is exempted from regulation by the provisions
of this chapter.
(8) "Water" or "waters in the state" means any
and all water on or beneath the surface of the ground
or in the atmosphere, including natural or artificial
watercourses, lakes, ponds, or diffused surface water
and water percolating, standing, or flowing beneath
the surface of the ground, as well as all coastal waters
within the jurisdiction of the state.
(9) "Ground water" means water beneath the sur-
face of the ground, whether or not flowing through
known and definite channels.
(10) "Surface water" means water upon the sur-
face of the earth, whether contained in bounds creat-
ed naturally or artificially or diffused. Water from
natural springs shall be classified as surface water
when it exits from the spring onto the earth's surface.
11l) "Stream" means any river, creek. slough. or
natural watercourse in which water usually flows in a
defined bed or channel. It is not essential that the
flowing be uniform or uninterrupted. The fact that
some part of the bed or channel has been dredged or


improved does not prevent the watercourse from be-
ing a stream.
(12) "Other watercourse" means any canal, ditch,
or other artificial watercourse in which water usually
flows in a defined bed or channel. it is not essential
that the flowing be uniform or uninterrupted.
(13) "Coastal waters" means waters of the Atlan-
tic Ocean or the Gulf of Mexico within the jurisdic-
tion of the state.
(14) "Impoundment" means any lake, reservoir.
pond, or other containment of surface water occupy-
ing a bed or depression in the earth's surface and
having a discernible shoreline.
(15) "Works of the district" means those projects
and works, including, but not limited to, structures,
impoundments, wells, streams, and other water-
courses, together with the appurtenant facilities and
accompanying lands, which have been officially
adopted by the governing board of the district as
works of the district.
History.-s. 3, part 1. ch. 72-299: s. 37. ch. 79-6.; s. 1, ch. ?0-259; s. 5, ch. J-
101.

373.0395 Groundwater basin resource
availability inventory.-Each water management
district shall develop a groundwater basin resource
availability inventory covering those areas deemed
appropriate by the governing board. This inventory
shall include, but not be limited to, the following:
(1) A hydrogeologic study to define the ground-
water basin and its associated recharge areas.
(2) Site specific areas in the basin deemed prone
to contamination or overdraft resulting from current
or projected development.
(3) Prime groundwater recharge areas.
(4) Criteria to establish minimum seasonal sur-
face and groundwater levels.
(5) Areas suitable for future water resource devel-
opment within the groundwater basin.
(6) Existing sources of wastewater discharge suit-
able for reuse as well as the feasibility of integrating
coastal wellfie!ds.
(7) Potential quantities of water available for
consumptive uses.
Upon completion, a copy of the groundwater basin
availability inventory shall be submitted to each af-
fected municipality, county, and regional planning
agency. This inventory shall be reviewed by the af-
fected municipalities, counties, and regional planning
agencies for consistency with the local government
comprehensive plan and shall be considered in future
revisions of such plan. It is the intent of the Legisla-
ture that future growth and development planning
reflect the limitations of the available groundwater or
other available water supplies.
History.- ,. ch. 82-1(1.

'373.0693 Basins; basin boards.-
(1) Any areas within a district may be designated
by the district governing board as subdistricts or ba-
sins. The designation of such basins shall be made by
the district governing board by resolutions thereof.
The governing board of the district may change the
boundaries of such basins, or create new basins, by
resolution. No subdistrict or basin in the St. Johns
Water Management District other than established


s 3701


s 373019


1982 SUPPLEMENT TO FLORIDA STATUTES 1981


s. 373.0693












1982 SUPPLEMENT TO FLORIDA STATUTES 19813


by this act shall become effective until approved by
the Legislature.
(2) Each basin shall he under the control of a ba-
sin board which shall be composed of not less than
three members, but shall include one representative
from each of the included counties in the basin.
(3) Each member of the various basin boards
shall serve for a period of 3 years or until his succes-
sor is appointed, except that the board membership
of each new basin shall be divided into three groups
as equally as possible, with members in such groups
to be appointed for 1, 2. and 3 years, respectively.
Each basin board shall choose a vice chairman and a
secretary to serve for a period of 1 year. The term of
office of a basin board member shall be construed to
commence on July 1 preceding the date of his ap-
pointment and to terminate June 30 of the year of
the end of his term.
(4) Members of basin boards shall be appointed
by the Governor, subject to confirmation by the Sen-
ate at the next regular session of the Legislature, and
the refusal or failure of the Senate to confirm an ap-
pointment shall create a vacancy in the office to
which the appointment was made.
(5) Basin board members shall receive no com-
pensation for such services, but while officially on
work for the district shall receive their actual travel-
ing expenses and subsistence and lodging, not to ex-
ceed the statutory amount allowed state officers and
employees, and other expenses in the actual amount
incurred.
(6) Notwithstanding the provisions of any other
general or special law to the contrary, a member of
the governing board of the district residing in the ba-
sin or, if no member resides in the basin, a member of
the governing board designated by the chairman of
the governing board shall be the ex officio chairman
of the basin board. The ex officio chairman shall pre-
side at all meetings of the basin board, except that
the vice chairman may preside in his absence. The ex
officio chairman shall have no official vote, except in
case of a tie vote being cast by the members, but shall
be the liaison officer of the district in all affairs in the
basin and shall be kept informed of all such affairs.
(7) At 11:59 p.m. on December 31, 1976, the
Manasota Watershed Basin of the Ridge and Lower
Gulf Coast Water Management District, which is an-
nexed to the Southwest Florida Water Management
District by change of its boundaries pursuant to
chapter 76-243, Laws of Florida. shall be formed into
a subdistrict or basin of the Southwest Florida Water
Management District, subject to the same provisions
as the other basins in such district. Such subdistrict
shall be designated initially as the Manasota Basin.
The members of the governing board of the Mana-
sota Watershed Basin of the Ridge and Lower Gulf
Coast Water Management District shall become
members of the governing board of the Manasota Ba-
sin of the Southwest Florida Water Management Dis-
trict.
(8)(a) At 11:59 p.m. on December 31, 1976, the
area being transferred from the Southwest Florida
Water Management District to the St. Johns River
Water Management District by change of boundaries
pursuant to chapter 76-243, Laws of Florida, shall be
formed into a subdistrict or basin of the St. Johns


River Water Management District. Such basin shall
be designated as the Oklawaha River Basin. The
members of the governing board of the Oklawaha
River Basin of the Southwest Florida Water Manage-
ment District shall become the members of the gov-
erning board of the newly formed basin. The govern-
ing board of the St. Johns River Water Management
District may change the boundaries, but may not
abolish the basin.
(b)l. The entire area of the St. Johns River Wa-
ter Management District, less those areas in the Ok-
lawaha Basin, shall be formed into a subdistrict or
basin of the St. Johns River Water Management Dis-
trict. Such area shall be designated as the Greater St.
Johns River Basin. The Greater St. Johns River Ba-
sin shall have all the powers, duties, functions, and
responsibilities provided and authorized for subdis-
tricts or basins of water management districts.
2. The governing board of the St. Johns River
Water Management District shall also serve as the
governing board of the Greater St. Johns River Ba-
sin.
(9) At 11:59 p.m. on December 31, 1976, a portion
of the Big Cypress Basin of the Ridge and Lower Gulf
Coast District which is being annexed into the South
Florida Water Management District by change of
boundaries pursuant to chapter 76-243, Laws of Flor-
ida, shall be formed into a subdistrict or basin of the
South Florida Water Management District. Such
portion shall be designated as the Big Cypress Basin.
On or before December 31, 1976, the Governor shall
appoint not fewer than five persons residing in the
area to serve as members of the governing board of
the basin, effective at the time of transfer and subject
to confirmation by the Senate as provided in subsec-
tion (4).
(a) The initial boundaries of the Big Cypress Ba-
sin shall be established by resolution of the governing
board of Central and Southern Florida Flood Control
District, after notice and hearing, and generally shall
encompass the Big Cypress Swamp and southwestern
coastal area hydrologic cataloging unit, as indicated
on River Basin and Hydrologic Unit Map of Flori-
da-1975, Florida Department of Natural Resources,
Bureau of Geology Map Series No. 72.
(b) If the governing board shall fail to establish
the initial boundaries on or before December 31,
1976, the initial boundaries shall be the same bound-
aries as described for the Big Cypress Basin of the
Ridge and Lower Gulf Coast District.
(c) The governing board of the South Florida
Water Management District subsequently may
change the boundaries of the basin, but may not
abolish the basin.
(10) At 11:59 p.m. on December 31, 1976, the en-
tire area of the South Florida Water Management
District, including all areas being annexed into the
district pursuant to chapter 76-243, Laws of Florida,
but less those areas in the Big Cypress Basin, shall be
formed into a subdistrict or basin of the South Flori-
da Water Management District. Such area shall be
designated as the Okeechobee Basin.
(a) The governing board of the South Florida
Water Management District shall also serve as the
governing board of the Okeechobee Basin.
(b) The governing board of the South Florida


&, 373.0693


.' "'


s 3730693I


. D I


1982 SI;PPLEMENT TO FLORIDA STATUTES 1981












s. 33.093 192 SPPLEENTTO FORIA SATUTS 181s. 373.088


Water Management District may change the bounda-
ries of the Okeechobee Basin or may subdivide the
basin into smaller basins to he governed by basin
boards to be appointed by the Governor, subject to
confirmation by the Senate as provided in subsection
14). However, the basin inay not be enlarged to in-
clude the area included within the initial boundaries
of the Big Cypress Basin.
(c) The local effort required in connection with
construction, operation, and maintenance of the co-
operative federal project referred to as the Central
and Southern Florida Flood Control Project, which
remains after the upper St. Johns portion is trans-
ferred to the St. Johns River Water Management
District, shall be funded by tax levies on all taxable
property within the Okeechobee Basin. In the event
the Okeechobee Basin is subdivided into smaller ba-
sins, as authorized in paragraph (b), the governing
board shall ascertain the equitable pro rata share for
each smaller basin and charge back such share so as
to insure that the portion of the Central and South-
ern Florida Flood Control Project remaining in the
South Florida Water Management District shall con-
tinue to be funded on an equal basis throughout the
entire Okeechobee Basin as initially described on De-
cember 31, 1976.
History.--s 6. ch. 73-l9i: s. 3 ch. 76-24,; s. 1, ch. 77-382; s. 1, ch. 79-50; s.
1. ch. 32-46r; s. 1. ch. 82-64.
'Note.--Repealed effective Oct,lher 1. 1988. by s. 1. ch. 82-46, and scheduled
for review pursuant to s. 1.1 .l I n advance of that date.

373.0695 Duties of basin boards; authorized
expenditures.-[Repealed effective October 1, 1988,
by s. 1, ch. 82-46, and scheduled for review pursuant
to s. 11.611 in advance of that date.]

373.073 Governing board.-[Repealed effec-
tive October 1, 1988, by s. 1, ch. 82-46, and scheduled
for review pursuant to s. 11.611 in advance of that
date.]

373.076 Vacancies in the governing board;
removal from office.-[Repealed effective October
1. 1988, by s. 1, ch. 82-46, and scheduled for review
pursuant to s. 11.611 in advance of that date.]

373.079 Members of governing board; oath
of office; staff.-[Repealed effective October 1,
1988, by s. 1, ch. 82-46, and scheduled for review pur-
suant to s. 11.611 in advance of that date.]

373.083 General powers and duties of the
governing board.-[Repealed effective October 1,
19S8, by s. 1, ch. 82-46, and scheduled for review pur-
suant to s. 11.611 in advance of that date.]

373.084 District works, operation by other
governmental agencies.--[Repealed effective Oc-
tober 1, 1988. by s. 1, ch. 82-46, and scheduled for re-
view pursuant to s. 11.611 in advance of that date.]

373.085 Use of works by other districts.
[Repealed effective October 1, 1988, by s. 1. ch. 82-
46, and scheduled for review pursuant to s. 11.611 in
advance of that date.)


1373.086 Providing for district works.-
(1) In order to carry out the works for the dis-
trict, and for effectuating the purposes of this chap-
ter, the governing board is authorized to clean out,
straighten, enlarge. or change the course of any wa-
terway, natural or artificial, within or without the
district: to provide such canals, levees, dikes, dams,
sluiceways, reservoirs, holding basins, floodways,
pumping stations, bridges, highways, and other works
and facilities which the board may deem necessary:
to establish, maintain, and regulate water levels in all
canals, lakes, rivers, channels. reservoirs, streams, or
other bodies of water owned or maintained by the
district; to cross any highway or railway with works
of the district and to hold, control, and acquire by
donation, lease, or purchase, or to condemn any land,
public or private, needed for rights-of-way or other
purposes, and may remove any building or other ob-
struction necessary for the construction, mainte-
nance, and operation of the works; and to hold and
have full control over the works and rights-of-way of
the district.
(2) The works of the district shall be those adopt-
ed by the governing board of the district. The district
may require or take over for operation and mainte-
nance such works of other districts as the governing
board may deem advisable under agreement with
such districts.
(3)(a) Notwithstanding the provisions of chapter
120, the temporary construction, operation, or main-
tenance of water supply backpumping facilities to be
used for storage of surplus water shall not require a
permit under this chapter, chapter 253. or chapter
403 from the Department of Environmental Regula-
tion if the governing board issues an order declaring
a water emergency which order is approved by the
Secretary of Environmental Regulation. Such ap-
proval may be given by telephone and confirmed by
appropriate order at a later date. The temporary con-
struction, operation, or maintenance of the facilities
shall cease when the governing board or the secretary
issues an order declaring that the emergency no long-
er exists. If the district intends to operate any such
facilities permanently under nonemergency condi-
tions, it shall apply for the appropriate required per-
mits from the Department of Environmental Regula-
tion within 30 days of rescinding the emergency or-
der.
(b) Notwithstanding the provisions of chapter
120, emergency orders issued pursuant to this subsec-
tion shall be valid for a period of 90 days and may be
renewed for a single 90-day period.
History.-s i6, ch. 25209, 1949: s. 2, ch. 297-). 1955: c h. !-;4. 7. h.
61-.4'7: s. 2. ch. 6 -24: s. 1. i. 67-206; s. 1,. part V ih. 72 9 5 2.9 ch. 7.':. i,
s. 1, ch. !2.4?t. s. 4, oh. 2-101.
'Note.-Repealed effective October 1, 1988. b, h.- 42- and -.c:heduled
for review pur-uant to .. 11.611 in aovauce of that date.
Note. -Former s. 37. .i6.

373.087 District works using aquifer for
storage and supply.-[Repealed effective October
1, 1988, by s. 1, ch. 82-46, and scheduled for review
pursuant to s. 11.611 in advance of that date.]

373.088 Application fees for certain real es-
tate transactions.-The governing board may
adopt rules to provide for the assessment and collec-
tion of reasonable fees for the processing of applica-


s. 373.0693


1982 SUPPLE'NIENT TO FLORIDA STATUTES 1981


s. 373.088










10Q9 4EI1DTr 1I'F~T TA~ PT rimnsr IcTATVTP'e R4o


tions for sale, easement, lease, exchange, release, non-
use commitment, disclaimer, quitclaim 'deed, or reis-
suance or correction of deed 'with respect to any in-
terest in lands. such fees to be commensurate with
the actual cost of processing such applications.
Itistory. :1. ch. ,2-1(W
'Note. I'he wrd "deedr" as inserted by the editors.
'Note.- Ihe words "with respect to" were substituted by the editors for the
word "lor."

'373.089 Sale of lands.-The governing board
of the district may sell lands to which the district has
acquired title or to which it may hereafter acquire ti-
tle in the following manner:
(1) Any lands determined by the governing board
to be surplus may be sold by the district, at any time
for the highest price obtainable.
(2) All sales of land shall be for cash or upon
terms and security to be approved by the governing
hoard, but a deed therefore shall not be executed and
delivered until full payment is made.
(3) Before selling any land, except as provided in
subsection (5), it shall be the duty of the district to
cause a notice of intention to sell to be published in
a newspaper published in the county in which the
land is situated once each week for 3 successive weeks
(three insertions being sufficient), the first publica-
tion of which shall be not less than 30 days nor more
than 45 days prior to any sale, which notice shall set
forth the time and place of the sale and a description
of lands to be offered for sale.
(4) All sales shall be conducted at the county
courthouse in the county in which the land is located
on any day of the week except Sunday and at any
time specified in the notice between the hours of 11
a.m. and 2 p.m.
(5) Public sale shall not be required when surplus
lands are being resold to the then owner of that adja-
cent parcel from which the surplus land was original-
ly parted; provided such sale is made within 1 year
from the time the land is declared surplus; and the
owner of the adjacent parcel shall be notified by reg-
istered mail to the address shown on the county tax
roll within 30 days after the land is declared surplus.
(6) Public sale shall not be required when a
building determined to be surplus was constructed or
purchased using funds from the General Revenue
Fund and the buyer is another regional agency or
state agency that will use the structure in furtherance
of its programs.
History. -. 4, ch. 29790. 1955; 2,. .5. ch. 7;3-19i: s. 1. ch. 82-46: s. 9, ch. 32-
'Note.- Repraled effeciv- October I. 198S. hv s. 1. ch 52-46. and scheduled
i- re'-,i% Imrsuant to i 11.611 in advance of that date.
Note.- Frmer -. .I17. ti

373.093 Lease of lands or interest in land.
-[Repealed effective October 1. 1988, by s. 1, ch. 82-
46, and scheduled for review pursuant to s. 11.611 in
advance of that date.]

373.096 Releases.-[Repealed effective Octo-
ber 1, 1988, by s. 1. ch. 82-46, and scheduled for re-
view pursuant to s. 11.611 in advance of that date.]

373.099 Execution of instruments.-[Re-
pealed effective October 1, 1988, by s. 1, ch. 82-46,


and scheduled for review pursuant to s. 11.611 in ad-
vance of that date.]

373.103 Powers which may be vested in the
governing board at the department's discretion.
-[Repealed effective October 1, 1988, by s. 1, ch. 62-
46, and scheduled for review pursuant to s. 11.611 in
advance of that date.]

373.1961 Water production.-In the perform-
ance of, and in conjunction with, its other powers and
duties, the governing board of a water management
district existing pursuant to chapter 373:
(1) Shall engage in planning to assist counties,
municipalities, and regional water supply authorities
in meeting the water supply needs within its district
in such manner as will give priority to encouraging
conservation and reducing adverse environmental ef-
fects of improper or excessive withdrawals of water
from concentrated areas.
(2) Upon request of a county, municipality, or re-
gional water supply authority, shall assist such coun-
ties and municipalities and water supply authorities
in meeting the water supply needs within its district
in such manner as will give priority to encouraging
conservation and reducing adverse environmental ef-
fects of improper or excessive withdrawals of water
from concentrated areas.
(3) At the request of a county, municipality, or
regional water supply authority, may establish water
production and transmission facilities for the pur-
pose of supplying water to such counties, municipali-
ties, and regional water supply authorities.
(4) Shall not engage in local distribution.
(5) Shall not deprive, directly or indirectly, any
county wherein water is withdrawn of the prior right
to the reasonable and beneficial use of water which is
required to supply adequately the reasonable and
beneficial needs of the county or any of the inhabi-
tants or property owners therein.
(6) May provide water and financial assistance to
regional water supply authorities, but may not pro-
vide water to counties and municipalities which are
located within the area of such authority without the
specific approval of the authority or, in the event of
the authority's disapproval, the approval of the Gov-
ernor and Cabinet sitting as the Land and Water Ad-
judicatory Commission. The district may supply wa-
ter at rates and upon terms mutually agreed to by the
parties or, if they do not agree, as set by the govern-
ing board and specifically approved by the Governor
and Cabinet sitting as the Land and Water Adjudica-
tory Commission.
(7) May acquire title to such interest as is neces-
sary in real property, by purchase, gift, devise, lease,
eminent domain, or otherwise, for water production
and transmission consistent with this section. How-
ever, the district shall not use any of the eminent do-
main powers herein granted to acquire water and wa-
ter rights already devoted to reasonable and benefi-
cial use or any water production or transmission fa-
cilities owned by any county, municipality, or region-
al water supply authority.
History.--. 2. ch. 74-!14: s. :4. 'h. 76-24:i 7. 7, ch. 82-101.


s. ,711 .QQ I o Q 9 1JV T VXV I 1r r. ADITIA QarA'-sa TV, 1Q,, Q *4 '7'1 1 C I.


c 7 *I'Ine


s 3731961











s.373.216 1982 SUPPLEMENT TO FLORIDA STATUTES 1981


PART II

PERMITTING OF CONSUMPTIVE
USES OF WATER


373.216

373.245
373.246


Implementation of program for regulating
the consumptive use of water.
Violations of permit conditions.
Declaration of water shortage or emergen-
cy.


373.216 Implementation of program for reg-
ulating the consumptive use of water.-The gov-
erning board of each water management district
shall, no later than October 31, 1983, implement a
program for the issuance of permits authorizing the
consumptive use of particular quantities of water
covering those areas deemed appropriate by the gov-
erning board. Appropriate monitoring efforts shall be
a part of any such program implemented. Notice of
any required hearing on the proposed implementa-
tion of these regulations shall be published at least
once a week for 2 weeks in a newspaper of general cir-
culation in the area to be affected by such regula-
tions, the last notice appearing no less than 10 days
prior to the date of the public hearing, in addition to
any notice required by chapter 120.
History.-s. 1, part 11. ch. 72-299; d, ch. 73-190; s. 14, ch. 78-95: s. 8. ch. 82-
i01.

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 violations. 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 sup-
plemental, and nothing in this section is intended to
preclude the use of any other existing cause of action,
remedy, or procedure.
History.-- 10, ch. 82-101.

373.246 Declaration of water shortage or
emergency.-
(1) The governing board or the department by
regulation 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 governing board or the department
shall adopt a reasonable system of permit classifica-
tion according to source of water supply, method of
extraction or diversion, use of water, or a combina-
tion thereof.
(2) The governing board or the department by or-
der may declare that a water shortage exists within
all or part of the district when insufficient water is
available to meet the requirements of the permit sys-
tem or when conditions are such as to require tempo-
rary reduction in total use within the area to protect
water resources from serious harm. Such orders shall
be final agency action.
(3) In accordance with the plan adopted under
subsection (1), the governing board or the depart-


ment may impose such restrictions on one or more
classes of permits 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 gov-
erning 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 shall 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 short-
age.
(7) If an emergency condition exists due to a wa-
ter shortage within any area of the district, and if the
department, or the executive director with the con-
currence of the governing board, finds that the exer-
cise of powers under subsection (1) are 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, agri-
cultural, or other reasonable uses, it or he may, pur-
suant to the provisions of s. 373.119, issue orders re-
citing the existence of such an emergency and requir-
ing that such action, including but not limited to ap-
portioning, rotating, limiting, or prohibiting the use
of the water resources of the district, be taken as the
department or the executive director deems neces-
sary to meet the emergency.
(8) An affected party to whom an emergency or-
der is directed under subsection (7) shall comply im-
mediately, but may challenge such an order in the
manner set forth in s. 373.119.
History.--s. 10, part II. kh 72-299; s. 14, ch. 7h-95: s. II, ch. S2-101.
PART IV

MANAGEMENT AND STORAGE
OF SURFACE WATERS

373.403 Definitions.
373.406 Exemptions.

373.403 Definitions.-When appearing in this
part or in any rule, regulation, or order adopted pur-
suant thereto, the following terms mean:
(1) "Dam" means any artificial or natural barrier,
with appurtenant works, raised to obstruct or im-
pound, or which does obstruct or impound, any of the
surface waters of the state.
(2) "Appurtenant works" means any artificial im-
provements to a dam which might affect the safety of
such dam or, when employed, might affect the hold-
ing capacity of such dam or of the reservoir or im-
poundment created by such dam.
(3) "Impoundment" means any lake, reservoir,
pond, or other containment of surface water occupy-
ing a bed or depression in the earth's surface and
having a discernible shoreline.
(4) "Reservoir" means any artificial or natural


s. 373.403


1982 SI~PPILEMENT TO FLOHIDA STA~rU~S1~B~


. s 373.216











1982 SUPPLEMENT TO FLORIDA STATUTES 1981


holding area which contains or will contain the water
impounded by a dam.
(5) "Works" means all artificial structures, in-
cluding, but not limited to, ditches, canals, conduits,
channels, culverts, pipes, and other construction that
connects to, draws water from, drains water into, or is
placed in or across the waters in the state.
(6) "Closed system" means any reservoir or works
located entirely within agricultural lands owned or
controlled by the user and which requires water only
for the filling, replenishing, and maintaining the wa-
ter level thereof.
(7) "Alter" means to extend a dam or works be-
yond maintenance in its original condition, including
changes which may increase or diminish the flow or
storage of surface water which may affect the safety
of such dam or works.
(8) "Maintenance" or "repairs" means remedial
work of a nature as may affect the safety of any dam,
impoundment, reservoir, or appurtenant work or
works, but excludes routine custodial maintenance.
History.-s. 1, part IV, ch. 72-299: s. 18. ch. 71-190; s. 4, ch. 80-259; s. 1, ch.
82-101.

373.406 Exemptions.-The following exemp-
tions shall apply:
(1) Nothing herein, or in any rule, regulation, or
order adopted pursuant hereto, shall be construed to
affect the right of any natural person to capture, dis-
charge, and use water for purposes permitted by law.
(2) Nothing herein, or in any rule, regulation, or
order adopted pursuant hereto, shall be construed to
affect the right of any person engaged in the occupa-
tion of agriculture, silviculture, floriculture, or horti-
culture to alter the topography of any tract of land
for purposes consistent with the practice of such oc-
cupation. However, such alteration may not be for
the sole or predominant purpose of impounding or
obstructing surface waters.
(3) Nothing herein, or in any rule, regulation, or
order adopted pursuant hereto, shall be construed to
be applicable to construction, operation, or mainte-
nance of any agricultural closed system. However,
part II of this chapter shall be applicable as to the
taking and discharging of water for filling, replenish-
ing, and maintaining the water level in any such agri-
cultural closed system. This subsection shall not be
construed to eliminate the necessity to meet general-
ly accepted engineering practices for construction,
operation, and maintenance of dams, dikes, or levees.
(4) All rights and restrictions set forth in this sec-
tion shall be enforced by the governing board or the
Department of Environmental Regulation or its suc-
cessor agency, and nothing contained herein shall be
construed to establish a basis for a cause of action for
private litigants.
History.-- 2. part IV, ch. 72-299; s. 47, ch. 79-65; s. 5, ch. 80-259: s. 2, ch.
' 101.


373.507 Districts, basins, and taxing author-
ities; budget and expense reports; audits.-Each
district and basin referred to in chapter 373 shall fur-
nish a detailed copy of its budget and past year's ex-
penditures to the Governor, the Legislature, and the
governing body of each county in which the district
or basin has jurisdiction or derives any funds for the
operations of the district or basin. Each district, ba-
sin, and taxing authority shall make provision for an
annual postaudit of its financial accounts. These
postaudits shall be made in accordance with the rules
of the Auditor General promulgated pursuant to ss.
166.241 and 11.47.
History.-s. 16. ch. 76-24:3, s. 1, ch. 77-:37: s. 12. c. .2-101.

373.553 Treasurer of the board; deposito-
ries.-
(1) The governing board shall designate a trea-
surerwho shall be custodian of all funds belonging to
the board and to the district, and such funds shall be
disbursed upon the order of, or in the manner pre-
scribed by, the governing board by warrant or check
signed by the treasurer or assistant treasurer and
countersigned by the chairman or vice chairman of
the board. The board is authorized to establish pro-
cedures for disbursement of funds in such amounts
and in such manner as the board may prescribe, ex-
cept that disbursement of funds prior to specific
board approval may only be authorized upon certifi-
cation by its chief executive officer or his designated
assistant to the treasurer or assistant treasurer and to
the chairman or vice chairman of the board that such
disbursement is proper and in order and is within
budgetary limits. Any such disbursements shall be
reported to the board at its next regular meeting.
(2) The board is authorized to select as deposito-
ries in which the funds of the board and of the dis-
trict shall be deposited in any qualified public depos-
itory as defined in s. 280.02, and such deposits shall
be secured in the manner provided in chapter 280.
History.-s- 33, ch. 2-'09, 194 ; :3. ch. 6.-224: s. 25. ch. 7'-!90, s. 1. ch. 7 .
213: 115, ch. 77-104, s. 13. ch. ;2-101.
Note.--Former s. 378.33.

PART VI
MISCELLANEOUS PROVISIONS
373.619 Recognition of water and sewer-saving de-
vices.

373.619 Recognition of water and sewer-
saving devices.-The Legislature urges all public-
owned or investor-owned water and sewerage systems
to reduce connection fees and regular service charges
for customers who utilize water or sewer-saving de-
vices, including, but not limited to, individual gray-
water disposal systems.
History.-s. 2 h. 82-10.


PART V


FINANCE AND TAXATION
373.507 Districts, basins, and taxing authorities;
budget and expense reports; audits.
373.553 Treasurer of the board; depositories.


s. 373.619


s. 373.403




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