Title: The Laws, Rules & Regulations of the Southwest Florida Water Management District
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Title: The Laws, Rules & Regulations of the Southwest Florida Water Management District
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Language: English
Publisher: Southwest Florida Water Management District
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Spatial Coverage: North America -- United States of America -- Florida
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Abstract: Jake Varn Collection - The Laws, Rules & Regulations of the Southwest Florida Water Management District
General Note: Box 28, Folder 17 ( The Laws, Rules & Regulations of the Southwest Florida Water Management District - 1961 ), Item 1
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Full Text



The Laws Rules
& regulations

Sout west Fbrida
Water Management
District
t-O
1961 ,
EMT-sl it
Board of Governors
ill S. McAteer, Chairman
eMartirezie Chairman
RonadB LbertTreasurer
N. Books Johns, Secretary.
Helen T. Thorn, Asst. Tres.
iY1ena T Lorgi~no. Asst. Se.
NWila A.{. Member
Wr tubbs Jr. Member
Dona R. Feaster,Executive Director
Mm 11 y loon







C~373 WATER RESOURCES C~373


CHAPTER 373
WATER RESOURCES
PART I STATE WATER RESOURCE PLAN (ss. 373.012-373.197)
PART II PERMITTING OF CONSUMPTIVE USES OF WATER
(ss. 373.203-373.249)
PART m REGULATION OF WELLS (ss. 373.303-373.339)
PART IV MANAGEMENT AND STORAGE OF SURFACE WATERS
(ss. 373.403-373.443)
PART V FINANCE AND TAXATION (ss. 373.495-373.589)
PART Vi MISCELLANEOUS PROVISIONS (ss. 373.603-373.6161)


PART I
STATE WATER RESOURCE PLAN
373.012 Topographic mapping.
373.013 Short title.
373.016 Declaration of policy.
373.019 Definitions.
373.023 Scope and application.
373.026 General powers and duties of the depart-
ment.
373.029 Southeast River Basins Resources Advi-
sory Board.
373.033 Saltwater barrier line.
373.036 State water use plan.
S 373.039 Florida water plan.
373.042 Minimum flows and levels.
373.043 Adoption and enforcement of regulations
by the department.
373.044 Rules and regulations; enforcement.
373.046 Interagency agreements.
373.047 Cooperation between districts.
373.056 State agencies, cities, etc., authorized to
convey land to flood control districts.
373.069 Creation of water management districts.
373.0691 Transfer of areas.
373.0693 Basins; basin boards.
373.0695 Duties of basin boards; authorized ex-
penditures.
373.0697 Basin taxes.
373.073 Governing board.
373.074 Transitional provisions; chapter 76-243,
Laws of Florida.
373.076 Vacancies in the governing board; remov-
al from office.
373.079 Members of governing board; oath of of-
fice; etc.
373.083 General powers and duties of the govern-
ing board.
373.084 District works, operation by other gov-
ernmental agencies.
373.085 Use of works by other districts.
373.086 Providing for district works.
373.087 District works using aquifer for storage
and supply.
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.
373.106 Permit required for construction involv-
ing underground formation.
373.109 Permit application fees.
373.113 Adoption of regulations by the governing
board.
373.114 Land and Water Adjudicatory Commis-
sion; review of district policies, rules,
and orders.
373.116 Procedure for water use and impound-
ment construction permit applications.
373.119 Administrative enforcement procedures;
orders.
373.123 Penalty.
373.126 Quasi-judicial hearings before the gov-
erning board.
373.129 Maintenance of actions.
373.133 Judicial review.
373.136 Enforcement of regulations and orders.
373.139 Acquisition of real property.
373.146 Publication of notices, process, papers,
etc.
373.149 Existing districts preserved.
373.171 Rules and regulations.
373.175 Declaration of water shortage; emergen-
cy orders.
373.191 County water conservation projects.
373.196 Legislative findings.
373.1961 Water production.
373.1962 Regional water supply authorities.
373.1963 Assistance to West Coast Regional Water
Supply Authority.
373.1965 Kissimmee River Valley and Taylor
Creek-Nubbins Slough Basin; coordi-
nating council on restoration; project
implementation.
373.197 Kissimmee River Valley and Taylor
Creek-Nubbin Slough Basin restora-


Ch. 373


WATER RESOURCES


Ch. 373









WATER3ESTECESC. 3


tion project; measures authorized.
373.012 Topographic mapping.-
(1) In order to accelerate topographic mapping in
this state by the United States Geological Survey,
the Department of Transportation is hereby author-
ized and directed to set aside, to pledge, and to make
available annually out of its State Transportation
Trust Fund the sum of $30,000; and the 'Board of
Trustees of the Internal Improvement Trust Fund is
hereby authorized and directed to set aside, to pledge
and to make available annually out of the (Land
Acquisition Trust Fund] the sum of 310,000; and the
'[South Florida Water Management District] out of
its funds to be derived out of the proceeds of special
assessments of its flood control taxes, is authorized
and directed to set aside, to pledge and to make avail-
able annually such sum as may be required to meet
the needs for topographic mapping of areas affecting
said district. Such sums shall be delivered to the
Treasurer of the United States or to other proper
officer, to be applied by the Department of the Interi-
or, U. S. Geological Survey, as to said Department of
Transportation and to said 'Board of Trustees of the
Internal Improvement Trust Fund, toward the pay-
ment of not exceeding one-half the cost of standard
topographic mapping in this state conducted by the
United States Geological Survey and as to said flood
control district to be applied toward the payment of
such proportion or part of such cost as said district
may determine. Provided, however, that said sums
authorized in this section for the Department of
Transportation and for the 'Board of Trustees of the
Internal Improvement Trust Fund shall not prevent
either of said agencies from providing additional
amounts for topographic mapping of areas which
either agency may consider of priority status in the
interest of said agencies.
(2) To further accelerate the rate at which topo-
graphic mapping may be carried on in Florida, any
state agency having funds available for the purpose,
any county or drainage or reclamation or flood con-
trol district organized under the laws of this state,
any person, firm or corporation, is authorized to con-
tribute to the cost of such mapping by depositing
with the Department of Transportation such
amounts as may be determined to be applied in like
manner toward topographic mapping in this state as
set forth in subsection (1).
(3) The Department of Transportation, the
'Board of Trustees of the Internal Improvement
Trust Fund of this state, and '[South Florida Water
Management District] are hereby authorized to
make such arrangements or enter into such agree-
ments with the United States as may be necessary to
carry out the purposes of this section.
(4) The 'Board of Trustees of the Internal Im-
provement Trust Fund, as and when copies of topo-
graphic maps are made available to it, shall file such
maps in the same manner as other maps and plants
of land surveys by the United States, and the maps
shall be available for examination by any interested
person.
istorv.-es. 1-. 57-773; s. 2. ch. I-119: 1 ch. 65-TS: as 23.2. 3. .
h. S-106; h. 73-J7.
'No.--See a. 15, ch. 73.22. which aoouihed ch* oar-d of Truscea of the


Internal Improvem Trun Fund by mering it into th Dertmns of
Namral Rerource and trnaferrmn o chat doearmennc all funcous not crans
ferred elsewhere by that ac and which effeeveiy abolished th Internal
Improverme Trust Fund by raasfrrian all uncommitad ualan and all
ftaur revenues to he Land Acquisition u Fund. Also a, .O, h. 73-22.
trans errin all f=ncona of rth board reaina o the issuance of prmiu
=rtficaa. lice eas. eeapdons. and enforcement pur=an= to ch. 2S3 to th
Doparment of Zavironmoetal ReguLattio
'Noca-aracketid words aubaqrted by the editor or eternalal Lmprove-
nrt Trust Fund." See s. 5. ch. 75-22. triansferng the uacou d lance
and all a ubaiseny acting revenu of the Inernl oprovemt Trut
Fund to ch Lid Acquwioa Trus Fund. t be usd in accoranc with h.
375.
'"o -8racicatsd words eubtniated by the editors for "CenBui and SoutbI
on Florida Flood Coarol Di tict" to conorm to. L ch. 753125.

373.013 Short title.-This chapter shall be
known as the "Florida Water Resources Act of
1972."
HRstor.-e. 1 paru Ih. 72.99.
373.&16 Declartion of policy.-
(1) The a er th a are a m fl g a

erve r fu controlled s to realize theirf]
( t~rther declared to be the policy of the
Legislature:
(a) To provide for the management of water and
related land resources;
(b) To promote the conservation, development,
and proper utilization of surface and ground water;
(c) To develop and regulate dams, impound-
ments, reservoirs, and other works and to provide
water storage for beneficial purposes;
(d) To prevent damage from floods, soil erosion,
and excessive drainage;
(e) To preserve natural resources, fish and wild-
life;
() To promote recreational development, protect
public lands, and assist in maintaining the naviga-
ility of rivers and harbors; and
(g) Otherwise to promote the health, safety, and
general welfare of the people of this state.
(3) The Legislature recognizes that the water re-
source problems of the state vary from region to
region, both in magnitude and complexity. It is
therefore the intent of the Legislature to vest in the
Department of L[Environmental Regulation] or its
successor agency the power and responsibility to ac-
complish the conservation protection, management,
and control of the waterothe state and with suffi-
cient flexibility and di ion to accomplish these
ends through delegation of appropriate powers to
the various water management districts. The depart-
ment may exercise any power herein authorized to
be exercised by a water management district; howev-
er, to the greatest extent practicable, such power
should be delegated to the governing board of a wa-
ter management district.
laury.-s-2.2. part c. ch. -2-299.
'Note.--rackecad words subn itut*d by :.h editor for "Nacural Re-
wuro.." See a. I. ch. 7322. which =amferred ail powers. duties and func.
cion of the Depanr=tE of Nacurni Reoure re ado ro wauer anagemenr
a set forth ia ch. 373. mo the D parc c of Environmenial aRsution.
373.19 Definitions.-When appearing in this
chapter or in any rule, regulation, or order adooted
pursuant thereto, the following words shall, unless
the context clearly indicates otherwise, mean:
(1) "Department" means the Department of
'[Environmental Regulation] or its successor agency
or agencies.


Ch. 373


WATER RESOURCES


Ch_ 3.73









Cli.373 ATERRESORCESCh. 373


1(2) "Division" means the Division of Interior Re-
sources or its successor agency or agencies.
(3) "Water management district" means any
flood control, resource management, or water man-
agement district operating under the authority of
this chapter.
(4) "Governing board" means the governing
board of a water management district.
(5) "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.
(6) "Person" means any and all persons, natural
or artificial, including any individual, firm, associa-
tion, organization, partnership, business trust, cor-
poration, company, the United States of America,
and the state and all political subdivisions, regions,
districts, municipalities, and public agencies thereof.
The enumeration herein is not intended to be exclu-
sive or exhaustive.
(7) "Domestic use" means any use of water for
individual personal needs or for household purposes
such as drinking, bathing, heating, cooking, or sani-
tation.
(8) "Nonregulated use" means any use of water
which is exempted from regulation by the provisions
of this chapter.
(9) "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 wa-
ters within the jurisdiction of the state.
(10) "Ground water" means water beneath the
surface of the ground, whether or not flowing
through known and definite channels.
(11) "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 sur-
face.
(12) "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 shall have been
dredged or improved does not prevent the water-
course from being a stream.
(13) "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 uninterrupt-
ed.
(14) "Coastal waters" means waters of the Atlan-
tic Ocean or the Gulf of Mexico within the jurisdic-
tion of the state.
(15) "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.
Histor7.-. 3. par L tch. 72.299.
'Noue.-Braksced words subitad by the editors for "Nacural Re
sources. See .Nca 1 oulowing 373.06.


'Not.-S s 13. ch. S-2, which. in ffict. abolished the Division of [nceri
or Rsources. and also s. 11. ch. 73.22.
373.023 Scopeand application.-
(1) All watersinthe state are subject to regula-
tion under the pro sions of this chapter unless spe-
cifically exempted by general or special law.
(2) No state or local government agency may en-
force, except with respect to water quality, any spe-
cial act, rule, regulation, or order affecting the wa-
ters in the state controlled under the provisions of
this act, whether enacted or promulgated before or
after the effective date of this act, until such special
act, rule, regulation, or order has been filed with the
department. However, any agency empowered to is-
sue emergency orders affecting such waters may en-
force such emergency orders prior to filing such or-
ders with the department. Any rule or regulation in
effect on the effective date of this act which is not
filed with the department within 180 days after the
effective date of this act shall be deemed repealed if
the notice hereinafter called for shall have been re-
ceived by the state or local agency issuing such rule
or regulation. The department is directed to notify
by certified or registered mail every state or local
government agency known to be authorized to en-
force any special act, rule, regulation or order affect-
ing the waters of the state regarding the provisions
of this subsection. The department is directed to re-
view periodically such special acts, rules, regula-
tions, and orders and to recommend to the appropri-
ate agencies or the legislature the amendment, con-
solidation, or revocation of inconsistencies or du-
plications therein.
(3) Any state or local governmental agency or
other person having the power of eminent domain or
condemnation under the laws of this state must noti-
fy the department or the governing board of a water
management district prior to exercising that power.
BLatnoy.-s. 4. parc L h. 72.299, L e. 73-90.
373.026 General powers and duties of the de-
partment.-The L(Department of Environmental
Regulation], or its successor agency, shall be respon-
sible for the administration of this chapter at the
state level. However, the department may enter into
interagency agreements with any other state agency
conducting programs related to or materially affect-
ing the water resources of the state. All such intera-
gency agreements shall be subject to the provisions
of s. 373.046. In addition to its other powers and
duties, the department is authorized:
(1) To conduct, independently or in cooperation
with other agencies, topographic surveys, research,
and investigations into all aspects of water use and
water quality.
(2) To collect, compile, and analyze, for its use
and guidance in administering the water resource
laws of this state, scientific and factual data from the
United States Geological Survey or any state agency.
State agencies are directed to cooperate with the
department or its agents in making available to it for
this purpose such scientific and factual data as they
may have.
(3) To cooperate with other state agencies, water
management districts, and regional, county, or other
local governmental organizations or agencies creat-


Ch. 373


WATER RESOURCES


Ch. 373








Cb. 73 ATERRESURCE Ch 3I


ed for the purpose of utilizing and conserving the
waters in this state; to assist such organizations and
agencies in coordinating the use of their facilities;
and participate in an exchange of ideas, knowledge,
and data with such organizations and agencies. For
this purpose the department may maintain an advi-
sory staff of experts.
(4) To prepare and provide for dissemination to
the public of current and useful information relating
to the water resources of the state.
(5) To identify by continuing study those areas of
the state where saltwater intrusion is a threat to
freshwater resources and report its findings to the
water management districts, boards of county com-
missioners, and public concerned.
(6) To conduct, either independently or in coop-
eration with any person or governmental agency, a
program of study, research, and experimentation
and evaluation in the field of weather modification.
(7) To exercise general supervisory authority
over all water management districts. The depart-
ment may exercise any power herein authorized to
be exercised by a water management district. 2The
department shall review, and may rescind or modify,
any policy, rule, regulation, or order of a water man-
agement district, except those policies, rules, or reg-
ulations which involve only the internal manage-
ment of the district, to insure compliance with the
provisions and purposes of this chapter. Such review
may be initiated at any time either by the depart-
ment or by an interested person aggrieved by such
policy, rule, regulation, or order by filing a request
for such review with the department and serving a
copy on the water management district. Such re-
quest for review is not a precondition to the effective-
ness of such policy, rule, regulation, or order, or to
the seeking ofjudicial review as otherwise provided.
(8Xa) To-provide such coordination, cooperation,
or approval necessary to the effectuation of any plan
or.project of the Federal Government in connection
with or concerning the waters in the state. Unless
otherwise provided by state or federal law, the de-
partment shall, subject to confirmation by the Legis-
lature, have the power to approve or disapprove such
federal plans or projects on behalf of the state.
(b) The department, subject to confirmation by
the Legislature, shall act on behalf of the state in the
negotiation and consummation of any agreement or
compact with another state or other states concern-
ing waters of the state.
(9Xa) To hold annually a conference on water re-
sources developmental programs. Each agency, com-
mission, district, municipality, or political subdivi-
sion of the state responsible for a specific water re-
sources development program requiring federal as-
sistance shall present at such conference its pro-
grams and projects and the needs thereof. Notice of
the time and place of the annual conference on water
resources developmental programs shall be extend-
ed by mail at least 30 days prior to the date of such
conference to any person who has filed a written
request for notification with the department. Ade-
quate opportunity shall be afforded for participation
at the conference by interested members of the gen-
eral public.
(b) Upon termination of the water conference,


the department shall select those projects for presen-
tation in the Florida program of public works which
best represent the public welfare and interest of the
people of the state as required for the proper devel-
opment, use, conservation, and protection of the wa-
ters of the state and land resources affected thereby.
Thereafter, the department shall present to the ap-
propriate committees and agencies of the Federal
Government a program of public works for Florida,
requesting authorization for funds for each project.
Nlus7r.-. 5. putc L ch. 72-299: 4. ch. 7t.114.
'Noia.-Sca.tad word ,ub sturd by t. .diton for "Division of Itwrior
ourcr.of thr O3.pMrunnt of Naurul RooUm ." See Noct I flowing .
373.o016.
'Nota.-S3 s. IL ch. 7522 (s. 37.114). which vem eaxluve authority
-eitw oo;is. rui...~mLato and orders of wae mr anaememn district
in th Governor and Cabine. dsiag as the Land and Water Adiudicatory
ComBmXio&
373.029 Southeast River Basins Resources
Advisory Board.-
(1) The Governor of this state shall have authori-
ty to appoint a representative of this state to serve
on the Resources Advisory Board, Southeast River
Basins, as said board is now, or may hereafter be,
authorized, designated, and constituted. This power
of appointment shall include the authority to fill
vacancies in the position of representative of this
state on said board from whatever cause existing
and, from time to time, to make appointments for
successive terms.
(2) The representative of this state on said board
shall be reimbursed by this state for his necessary
travel expenses while engaged in the business of said
board, as provided by s. 112.061.
(3) For the purpose of paying Florida's pro rata
share of the expense of maintaining and operating
the Resources Advisory Board, Southeast River Ba-
sins, the '[department] may expend an amount not
in excess of $25,000 per annum out of moneys allo-
cated the departmentt.
(4) The Resources Advisory Board, Southeast
River Basins, is hereby authorized to enter into
whatever agreement or agreements are necessary
for the purpose of extending old-age and survivors
insurance coverage to the employees of said board.
Funds appropriated to or available to said board may
be expended for such purpose. The board is hereby
authorized to take whatever action or actions
deemed necessary to provide the aforesaid coverage.
HiaotyT.-.s. 19. ch. 63-407 a. 1. c. 6&410-. s. ch. 61. ch. -S 25, 35. ch.
60-106 25. ch. -34190.
'Not-sracketed word ubsimted by te editors for division. S Note
I foiiowm s. 373.010.
'o*.-aracksed words bucsiurud byr *he"ie itor o "Divsion of Admia-
isuaiv Seriea." Se .ote I following s. 373.016.
Noce.-Former 373.193.
373.033 Saltwater barrier line.-
(1) The '[department] may, at the request of the
board of county commissioners of any county, at the
request of the governing board of any water manage-
ment district, or any municipality or water district
responsible for the protection of a public water sup-
ply, or, having determined by adoption of an appro-
priate resolution that saltwater intrusion has be-
come a matter of emergency proportions, by its own
initiative, establish generally along rhe seacoast, in-
land from the seashore and within tne liu its of the
area within which the petitioning board has jurisdic-
tion, a saltwater barrier line inland of which no ca-


WATER RESOURCES


Ch. 373


Ch. 373







Cii. 73 WA~ RESU~cE C30,


h nal shall be constructed or enlarged, and no natural
stream shall be deepened or enlarged, which shall
discharge into tidal waters without a dam, control
structure or spillway at or seaward of the saltwater
barrier line, which shall prevent the movement of
salt water inland of the saltwater barrier line. Pro-
vided, however, that the '(department] is authorized,
in cases where saltwater intrusion is not a problem,
to waive the requirement of a barrier structure by
specific permit to construct a canal crossing the salt-
water barrier line without a protective device and
provided, further that the agency petitioning for the
establishment of the saltwater barrier line shall con-
cur in the waiver.
(2) Application by a board of county commission-
ers or by the governing board of a water manage-
ment district, a municipality or a water district for
the establishment of a saltwater barrier line shall be
made by adoption of an appropriate resolution,
agreeing to:
(a) Reimburse the '(department] the cost of nec-
essary investigation, including, but not limited to,
subsurface exploration by drilling, to determine the
proper location of the saltwater barrier line in that
county or in all or part of the district over which the
applying agency has jurisdiction.
(b) Require compliance with the provisions of
this law by county or district forces under their con-
trol; by those individuals or corporations filing plats
for record and by individuals, corporations or agen-
cies seeking authority to discharge surface or sub-
surface drainage into tidal waters.
(3) The board of county commissioners of any
county or the governing board of any water manage-
ment district, municipality or water district desiring
to establish a saltwater barrier line is authorized to
reimburse the '(department] for any expense en-
tailed in making an investigation to determine the
proper location of the saltwater barrier line, from
any funds available to them for general administra-
tive purposes.
(4) The department, any board of county commis-
sioners, and the governing board of any water man-
agement district, municipality, or water district hav-
ing competent jurisdiction over an area in which a
saltwater barrier is established shall be charged
with the enforcement of the provisions of this sec-
tion, and authority for the maintenance of actions
set forth in s. 373.221 shall apply to this section.
(5) The provisions ofs. 373.191 shall apply specif-
ically to the authority ofthe board of county commis-
sioners, or to the governing board of a water manage-
ment district, a municipality, or a water district hav-
ing jurisdiction over an area in which a salLwater
barrier line is established, to expend funds from
whatever source may be available to them for the
purpose of constructing saltwater barrier dams,
dikes, and spillways within existing canals and
streams in conformity with the purpose and intent
of the board in establishing the saltwater barrier
line.


Hlsory.-.L 2. ch 2 8310: s. 25. 35. cb. 9.106; 25-. h. 73.190: s .
78.95.
'Not.-arackied word substcuted by he editors for division. S** s. 11
ch. 5-22. which cra serrd a power. duues. and runcons of :he Depart.
ment of Naural Resources rating to wacer mnanagemmt as sec forth in ch.
373. to the Deparaemnt of Enviromnmeca Regulaton.

373.036 State water use plan.-
(1) The department shall proceed as rapidly as
possible to study existing water resources in the
state; means and methods of conserving and aug-
menting such waters; existing and contemplated
needs and uses of water for protection and procrea-
tion of fish and wildlife, irrigation, mining, power
development, and domestic, municipal, and industri-
al uses; and all other related subjects, including
drainage, reclamation, flood-plain or flood-hazard
area zoning, and selection of reservoir sites. The de-
artment shall cooperate with the 'Division of State
planning of the Department of Administration, or
its successor agency, progressively to formulate, as a
functional element ofa comprehensive state plan, an
integrated, coordinated plan for the use and develop-
ment of the waters of the state, based on the above
studies. This plan, with such amendments, supple-
ments and additions as may be necessary from time
to time, shall be known as the state water use plan.
(2) In the formulation of the state water use plan,
the department shall give due consideration to:
(a) The attainment of maximum reasonable-ben-
eficial use of water for such purposes as those re-
ferred to in subsection (1).
(b) The maximum economic development of the
water resources consistent with other uses.
(c) The control of such waters for such purposes
as environmental protection, drainage, flood control;,
and water storage.
(d) .The quantity of water available for applica-
tion to a reasonable-beneficial use.
(e) The prevention of wasteful, uneconomical,
impractical, or unreasonable uses of water re-
sources.
(f) Presently exercised domestic use and permit
rights.
(g) The preservation and enhancement of the wa-
ter quality of the state and the provisions of the state
water quality plan.
(h) The state water resources policy as expressed
by this chapter.
(3) During the process of formulating or revising
the state water use plan, the department shall con-
sult with. and carefully evaluate the recommenda-
tions of, concerned federal, state, and local agencies,
particularly the governing boards of the water man-
agement districts, and other interested persons.
(4) Each governing board is directed to cooperate
with the department in conducting surveys and in-
vestigations of water resources, to furnish the de-
partment with all available data of a technical na-
ture, and to advise and assist the department in the
formulation and drafting of those portions of the
state plan applicable to the district.
(5) The department shall not adopt or modify the
state water use plan or any portion thereof without
fist holding a public hearing on the matter. At least
90 days in advance of such hearing, the department


Ch.L 373


WATERL RESOURCES


Ch. 373








Cli. 33 WATR RESURCESCl. 373


shall notify any affected governing boards, and shall
give notice of such hearing by publication within the
affected region pursuant to the provisions of chapter
120, except such notice by publication shall be ex-
tended at least 90 days in advance of such hearings.
(6) For the purposes of this plan the department
may, in consultation with the affected governing
board, divide each water management district into
sections which shall conform as nearly as practica-
ble to hydrologically controllable areas and describe
all water resources within each area.
(7) The department shall give careful considera-
tion to the requirements of public recreation and to
the protection and procreation of fish and wildlife.
The department may prohibit or restrict other fu-
ture uses on certain designated bodies of water
which may be inconsistent with these objectives.
(8) The department may designate certain uses
in connection with a particular source of supply
which, because of the nature of the activity or the
amount of water required, would constitute an unde-
sirable use for which the governing board may deny
a permit.
(9) The department may designate certain uses
in connection with a particular source of supply
which, because of the nature of the activity or the
amount of water required, would result in an en-
hancement or improvement of the water resources of
the area. Such uses shall be preferred over other
uses in the event of competing applications under
the permitting systems authorized by this chapter.
(10) The department, in cooperation with the
'Division of State Planning of the Department of
Administration, or its successor agency, may add to
the state water use plan any other information, di-
rections, or objectives it deems necessary or desira-
ble for the guidance of the governing boards or other
agencies in the administration and enforcement of
this chapter.
=ioSry.-4. 8. pare r. ch. 72-299: u 2.3. ch. 73190.
a'Nou. 1t2. ci. 7,32. far idirsioa powrs. duti*. and ftuacio r arn-
erred o Ate partmem ot anmroair maeol Raulaion and Naural Rn

373.039 Florida water plan.-The state water
use plan together with the water quality standards
and classifications of the '[department] or its succes-
sor agency shall constitute the Florida water plan.
The state water use plan should be developed in coor-
dination with the water quality standards system.
siry.-. 7. pua L ch. 72.299.
'No.-Bradckced word su mtuued by :h edition for "0eparnment of Pollu-
zion ConcroL'" S. 7. ch 1522 which crau.erre the Dparnmec oat .Po..
cion Cocrol to che Depuaneu orf avinronmautl asuluoan.
373.042 Minimum flows and levels.-Within
each section, or the water management district as a
whole, the department or the governing board shall
establish the following:
(1) Minimum flow for all surface watercourses in
the area. The minimum flow for a given watercourse
shall be the limit at which further withdrawals
would be significantly harmful to the water re-
sources or ecology of the area.
(2) Minimum water level. The minimum water
level shall be the level of ground water in an aquifer
and the level of surface water at which further with-
drawals would be significantly harmful to the water
resources of the area.


The minimum flow and minimum water level shall
be calculated by the department and the governing
board using the best information available. When
appropriate, minimum flows and levels may be cal-
culated to reflect seasonal variations. The depart-
ment and the governing board shall also consider,
and at their discretion may provide for, the protec-
tion of nonconsumptive uses in the establishment of
minimum flows and levels.
istory.-. 6. par I. ch. 72299:. a. 2. ch. -3.90.
Not.-Former s. 373.03(7).
373.043 Adoption and enforcement of regula-
tions by the department.-The department shall
adopt, promulgate, and enforce such regulations and
review procedures as may be necessary or conven-
ient to administer the provisions of this chapter.
HImsor.-s. a par L ch. 72-29t; S. S. ch. 74114.
373.044 Rules and regulations; enforcement.
-In administering this chapter the governing board
of the district is authorized to make and adept rea-
sonable rules, regulations and orders consistent with
law and such rules, regulations and orders may be
enforced by mandatory injunction, or other appro-
priate action in the courts of the state.
H tol,y.-. 4. ch. 2970. 19.: 5 25. ch. 73-0.
.oc.-or~.r as. 3 .15i1.

373.046 Interagency agreements.-The de-
partment may enter into interagency agreements
with or among any other state agencies conducting
programs or exercising powers related to or affecting
the water resources of the state. Such agreements
may establish principal-agency or contract relation-
ships, provide for cross-deputization of enforcement
personnel, provide for consolidation of facilities,
equipment or personnel, or such other relationships
as may be deemed beneficial to the public interest.
Such interagency agreements shall be promulgated
in the same manner as rules and regulations, subject
to chapter 120. All state agencies conducting pro-
grams or exercising powers relating to or affecting
the water resources of the state are hereby author-
ized to delegate such authority to the department or
any of the several water management districts pur-
suant to such interagency agreements.
lstory.-.. 9. part L ch. 72.299.
373.047 Cooperation between districts.-Any
flood control district created under the authority of
chapter 378 is authorized to advise other flood con-
trol districts or water management districts of the
state in processing matters with the federal govern-
ment and to render such technical assistance as may
be helpful to the efficient operation of such other
districts.
Hlitory.-. 1 e. 61-245: a. 25. ch. 73-190.
No.-r-Form s. 378.52.
373.056 State agencies, cities, etc, authorized
to convey land to flood control districts.-
(1xa) When it is found to be in the public interest
and for the public convenience and welfare, and for
the public benefit, and necessary for carrying out the
works of improvement of any flood control district
referred to in this chapter for the protection of prop-
erty and the inhabitants in said district against rhe


Ch. 373


WATER RESOURCES


Ch. 373








WATER RESOURCES C. 37


effects of water, either from its surplus or deficiency,
and for assisting said district in acquiring land for
the purposes of said district at least public expense,
any state agency, any county, any drainage district,
any municipality or any governmental agency or
public corporation in this state holding title to land,
is hereby authorized, in the discretion of the proper
officer or officers, the county commissioners of any
county, or the governing board of any agency re-
ferred to in this section, to convey the title to or to
dedicate land, title to which is in such agency, in-
cluding tax reverted land, or to grant use rights
therein to any flood control district created under
any law enacted by the Legislature at its 1949 ses-
sion.
(b) The land to which this section shall apply
shall be located within the boundaries of said flood
control district.
(2) Land granted or conveyed to said district or
dedicated to the purposes thereof, or use rights in
said land granted thereto, shall be for the public
purposes of said district, and may be made subject to
the condition that in the event said land is not so
used, or if used and subsequently its use for said
purpose is abandoned, that granted shall cease as to
said district and shall automatically revert to the
granting agency.
(3) Any county, municipality, drainage district,
or other taxing agency holding title to land through
tax reversion, foreclosure, forfeiture, or through oth-
er procedure by which tax title vested in such agen-
cy, may, pending the determination of needs of said
district, withhold from sale or other disposition from
time to time such land as in the judgment of such
agency may be needed or helpful in facilitating the
purposes of this chapter. In the event more than one
taxing agency holds tax title to the same land, result-
ing in multiple reversion, each of said agencies may
grant to said district such right, title or interest as
it may have in said land.
(4) Any flood control district within this chapter
shall have authority to convey to any other agency
described herein land or rights in land owned by said
district not required for its purposes, under such
terms and conditions as the governing board of said
district may determine.
(5) Any land granted or conveyed to such district,
or dedicated to the purposes thereof, or the use right
of which has been granted thereto, shall not be sub-
ject to the district taxes, or other taxes or special
assessments so long as said title or said rights re-
main in said district.
(6) All rights of way of a flood control district,
which are within the boundaries of a drainage dis-
trict, shall not be liable for maintenance taxes of the
drainage district.
HLnory.--.M. 1. d. 32213, 1949. s i 61-497: s. 25. h. 73. 90.
Nom.-Formr 373.4.
373.069 Creation of water management dis-
tricts.-
(1) At 11:59 p.m. on December 31, 1976, the state
shall be divided into the following water manage-
ment districts:
(a) Northwest Florida Water Management Dis-
trict.


(b) Suwannee River Water Management Dis-
trict.
(c) St Johns River Water Management District.
(d) Southwest Florida Water .Management Dis-
trict.
(e) South Florida Water Management District.
(2) Notwithstanding the provisions of any other
special or general act to the contrary, the boundaries
of the respective districts named in subsection (1)
shall include the areas within the following bounda-
ries:
(a) Northwest Florida Water Management Dis-
trict-Begin at the point where the section line be-
tween Sections 26 and 27, Township 4 South, Range
3 East intersects the Gulf of Mexico; thence north
along the section line to the northwest corner of
Section 2, Township I South, Range 3 East; thence
east along the Tallahassee Base Line to the south-
east corner of Section 36, Township 1 North, Range
4 East; thence north along the range line to the
northwest corner of Section 6, Township 1 North,
Range 5 East; thence east along the township line to
the southeast corner of Section 36, Township 2
North, Range 5 East; thence north along the range
line to the northeast corner of Section 24, Township
2 North, Range 5 East; thence west along the section
line to the southwest corner of the east Y of Section
13, Township 2 North, Range 5 East; thence north to
the northwest corner of the east z of Section 13,
Township 2 North, Range 5 East; thence east along
the section line to the southeast corner of Section 12,
Township 2 North. Range 5 East; thence north along
the range line to the northeast corner of Section 24,
Township 3 North, Range 5 East; thence west along
the Watson Line to the southwest corner of Lot
Number 168; thence north along the line between
Lot Numbers 168 and 169, 154 and 155 to the Geor-
gia line; thence westward along the Georgia-Florida
line to the intersection of the south boundary of the
State of Alabama; thence west along the Alabama-
Florida line to the intersection of the northwest cor-
ner Alabama-Florida Boundary; thence south along
the Alabama-Florida line to the Gulf of Mexico;
thence east along the Gulf of Mexico, including the
waters of said Gulf within the jurisdiction of the
State of Florida, to the Point of Beginning.
(b) Suwannee River Water Management District.
-Begin in the Gulf of Mexico on the section line
between Sections 29 and 32, Township 15 South,
Range 15 East; thence east along the section lines to
the southwest corner of Section 27, Township 15
South, Range 17 East; thence north along the section
line to the northwest corner of Section 3, Township
15 South, Range 17 East; thence east along the sec-
tion line to the easterly right of way line of State
Road No. 337; thence northerly along said easterly
right of way line of State Road No. 337 to the south-
erly right of way line of State Road No. 24: thence
northeasterly along said southerly right of way line
of State Road No. 24 to the Levy-Alachua county
line; thence south along the Levy-Alachua county
line, also being the range line between Range 17 and
18 East to the southeast corner of Section 36, Town-
ship 11 South, Range 17 East; thence easterly along
the Levy-Alachua county line, also being the town-
ship line between Townships 11 and 12 South, to the
southeast corner of Section 36, Township 11 South,


Ch. 373


WGTER RESOURCES


Ch. 373









Cli. 373 WATER RESOURCES Cli. 373


S Range 18 East; thence north along the range line to
the northwest corner of Section 19, Township 9
South, Range 19 East; thence east along the section
line to the southeast corner of Section 13, Township
9 South, Range 19 East; thence north along the
range line to the northwest corner of Section 6,
Township 9 South, Range 20 East; thence eastward
along the township line to the southeast corner of
Section 36, Township 8 South, Range 20 East; thence
north along the township line to the northwest cor-
ner of Section 18, Township 8 South, Range 21 East;
thence east along the section line to the northeast
corner of Section 15, Township 8 South, Range 21
East; thence south along the section line to the
southwest corner of Section 23, Township 8 South,
Range 21 East; thence east along the section line to
the northeast corner of Section 26, Township 8
South, Range 21 East; thence south along the section
line to the southwest corner of the north 1/2 of Sec-
tion 25, Township 8 South, Range 21 East; thence
east along a line to the northeast corner of the south
half of Section 25, Township 8 South, Range 21 East;
thence south along the range line to the southwest
corner of Section 30, Township 8 South, Range 22
East; thence east along the section line to the north-
east corner of Section 32, Township 8 South, Range
22 East; thence south along the section line to the
southwest corner of Section 16, Township 9 South,
Range 22 East; thence eastward along the section
line to the southeast corner of the west Y of Section
18, Township 9 South, Range 23 East; thence north-
ward to the northeast corner of the west Y$ of Section
S 18, Township 9 South, Range 23 East; thence west to
the southwest corner of Section 7, Township 9 South,
Range 23 East; thence northward along the Brad-
ford-Clay County line to the northeast corner of Sec-
tion 36, Township 8 South, Range 22 East; thence
west along the section line to the southwest corner
of the east Y of Section 25, Township 8 South, Range
22 East; thence north to the northeast corner of the
west Y of Section 24, Township 8 South, Range 22
East; thence west along the section line to the south-
west corner of Section 13, Township 8 South, Range
22 East; thence north along the section line to the
northwest corner of Section 25, Township 7 South,
Range 22 East; thence east along the section line to
the southeast corner of Section 24, Township 7
South, Range 22 East; thence north along the Brad-
ford-Clay County line to the intersection of the south
boundary of Baker County; thence west along the
Baker-Bradford County line to the intersection of
the east boundary of Union County; thence west
along the Union-Baker County line to the southwest
corner of Section 18, Township 4 South, Range 20
East; thence north along the range line to the north-
east corner of Section 1, Township 3 South, Range 19
East; thence west along the township line to the in-
tersection of the east boundary of Columbia County;
thence north along the Baker-Columbia County line
to the intersection of the north boundary line of the
State of Florida; thence westward along the Georgia-
Florida line to the northwest corner of Lot Number
155; thence south along the line between Lot Num-
ber 154 and 155, 168 and 169 to the Watson Line;
S thence east along the Watson Line to the northeast
corner of Section 24, Townshio 3 North, Range 5


East; thence south along the range line between
Ranges 5 and 6 East to the southeast corner of Sec-,
tion 12, Township 2 North, Range 5 East; thence.
west along the section line to the northwest corner
of the east Y, of Section 13, Township 2 North, Range-
5 East; thence south to the southwest corner of the.
east Y2 of Section 13, Township 2 North, Range 5>
East; thence east along the section line to the north-i
east corner of Section 24, Township 2 North, Range.
5 East; thence south along the range line between.
Ranges 5 and 6 East to the southeast corner of Sec-i
tion 36, Township 2 North, Range 5 East; thence.
west along the township line between Townships 1.
and 2 North to the northwest corner of Section 6,
Township 1 North, Range 5 East; thence south along,
the range line between Ranges 4 and 5 East to the,
southeast corner of Section 36, Township 1 North,:
Range 4 East; thence west along the Tallahassee
Base Line to the northwest corner of Section 2,
Township 1 South, Range 3 East; thence south along
the section line to the Gulf of Mexico; thence along
the shore of the Gulf of Mexico, including the waters
of said gulf within the jurisdiction of the State of
Florida, to the point of the beginning.
(c) St Johns River Water Management District.
-Begin at the intersection of the south boundary of
Indian River County with the Atlantic Ocean;
thence west along the Indian River-St. Lucie County
line to the intersection of the west boundary of St.
Lucie County; thence south along the Okeechobee-
St. Lucie County line to the southeast corner of Sec-
tion 1, Township 34 South, Range 36 East; thence
west along the section line to the northwest corner
of Section 10, Township 34 South, Range 36 East;
thence south along the section line to the southeast
corner of Section 9, Township 34 South. Range 36
East; thence west along the section line to the north-
west corner of Section 18, Township 34 South, Range
36 East; thence south along the range line between
Ranges 35 and 36 East to the southeast corner of
Section 12, Township 34 South, Range 35 East;
thence west along the section line to the northwest
corner of Section 13, Township 34 South, Range 35
East; thence south along the section line to the
southeast corner of Section 35, Township 34 South,
Range 35 East; thence west along the township line
between Townships 34 and 35 south to the southwest
corner of Section'35, Township 34 South, Range 34
East; thence north along the section line to the Okee-
chobee-Osceola County line; thence west along the
Okeechobee-Osceola County line to the southwest
corner of Section 34, Township 32 South, Range 33
East; thence north along the section line to the
northwest corner of Section 3, Township 31 South,
Range 33 East; thence east along the township line
between Townships 30 and 31 South to the southeast
corner of Section 36. Township 30 South. Range 33
East; thence north along the range line between
Ranges 33 and 34 East to the northeast corner of
Section 1, Township 30 South, Range 33 East; thence
west along the township line between Townships 29
and 30 south to the southwest corner of Section 31,
Township 29 South, Range 33 East; thence north
along the range line between Ranges 32 and 33 East
to the northwest corner of Section 6, Township 28
South, Range 33 East; thence east along the town-


Ch. 373


WATER RESOURCES


Ch. 373









.WATER RESOU CES
. .. 373VW


ship line between Townships 27 and 28 south to the
southeast corner of Section 36, Township 27 South,
Range 32 East; thence north along the range line
between Ranges 32 and 33 East to the northeast
corner of Section 1, Township 26 South, Range 32
East; thence west along the township line between
Townships 25 and 26 South to the southwest corner
of Section 33, Township 25 South, Range 32 East;
thence north along the section line to the Orange-
Osceola County line; thence westerly along the Or-
ange-Osceola County line to the Southwest corner of
Section 31, Township 24 South, Range 32 East;
thence north along the range line to the intersection
with the northerly right-of-way line of State Road
528, also known as the Bee Line Expressway; thence
westerly along the northerly right-of-way line of
State Road 528 to the intersection with the northerly
right-of-way line of State Road 528A; thence wester-
ly along the northerly right-of-way line of State Road
528A to the westerly right-of-way line of U.S. High-
way 441; thence northerly along the right-of-way
line to the section line between sections 22 and 27 of
Township 22 South, Range 29 East; thence west
along the section lines to the Northeast corner of
Section 25, Township 22 South, Range 28 East;-
thence south along the range line between Ranges 28
and 29 East to the Southeast corner of Section 36,
Township 22 South, Range 28 East; thence west
along the township line between Townships 22 and
23 South to the Northeast corner of Section 2, Town-
ship 23 South, Range 27 East; thence south to the
Southeast corner of Section 11, Township 23 South,
Range 27 East; thence west along the section lines to
the Southwest corner of Section 7, Township 23
South, Range 27 East, also being the Lake-Orange
County line; thence south along the range line be-
tween Ranges 26 and 27 East to the southwest corner
of Section 18, Township 26 South, Range 27 East;
thence east along the section line to the northeast
corner of Section 19, township 26 South, Range 27
East; thence south along the section line to the
southwest corner of Section 32, Township 26 South,
Range 27 East; thence east along the township line
between Townships 26 and 27 South to the northeast
corner of Section 5, Township 27 South, Range 27
East; thence south along the section lines to the
southerly right-of-way line of State Road 600; thence
westerly along the southerly right-of-way line of said
State Road No. 600 to the west boundary of Section
27, Township 27 South, Range 26 East; thence north
along the section lines to the northeast corner of
Section 16, Township 25 South, Range 26 East;
thence west along the section line to the southwest
corner of Section 9, Township 25 South, Range 26
East; thence north along the section lines to the
Lake-Polk County line; thence west along the county
line to the southwest corner of Section 32, Township
24 South, Range 26 East; thence into Lake County,
north along the section lines to the northeast corner
of Section 30, Township 24 South, Range 26 East;
thence west along the section lines to the northeast
corner of Section 28, Township 24 South, Range 25
East; thence north along the section lines to the
northeast corner of Section 16, Township 24 South,
Range 25 East; thence west along the section line to
the northwest corner of Section 16, Township 24


South, Range 25 East; thence north along the section
line to the northeast corner of Section 8, Township
24 South, Range 25 East; thence west along the sec-
tion lines to the range line between Ranges 24 and
25; thence north along the range line to the north-
east corner of Section 1, Township 23 South, Range
24 East, also being on the township line between
Townships 22 and 23 South; thence west along the
township line to the northwest corner of Section 6,
Township 23 South, Range 24 East, also being on the
Sumter-Lake County line; thence north along the
Sumter-Lake County line, also being the range line
between Ranges 23 and 24 East, to the northeast
corner of Section 1, Township 18 South, Range 23
East, and the Marion County line; thence west along
the Sumter-Marion County line, also being the town-
ship line between Townships 17 and 18 South, to the
westerly right-of-way line of Interstate Highway 75;
thence northerly along the westerly right-of-way
line of Interstate Highway 75 to the Alachua-Marion
County line, said line also being the township line
between Townships 11 and 12 South; thence west
along the Alachua-Marion County line to the north-
west corner of Section 3, Township 12 South, Range
19 East, and the Levy County line; thence westerly
along the Levy-Alachua County line, also being the
township line between Townships 11 and 12 South,
to the southeast corner of Section 36, Township 11
South, Range 18 East; thence north along the range
line between Ranges 18 and 19 East to the northwest
corner of Section 19, Township 9 South, Range 19
East; thence east along the section line to the south-
east corer of Section 13, Township 9 South, Range
19 East; thence north along the range line between
Ranges 19 and 20 East to the northwest corner of
Section 6, Township 9 South, Range 20 East; thence
easterly along the township line between Townships
8 and 9 South to the southeast corner of Section 36,
Township 8 South, Range 20 East; thence north
along the range line between Ranges 20 and 21 East
to the northwest corner of Section 18, Township 8
South, Range 21 East; thence east along the section
line to the northeast corner of Section 15, Township
8 South, Range 21 East; thence south along the sec-
tion line to the southwest corner of Section 23, Town-
ship 8 South, Range 21 East; thence east along the
section line to the northeast corner of Section 26,
Township 8 South, Range 21 East; thence south
along the section line to the southwest corner of the
north Y, of Section 25. Township 8 South, Range 21
East; thence east to the northeast corner of the south
Yj of Section 25, Township 8 South, Range 21 East;
thence south along the range line between Ranges 21
and 22 East to the southwest corner of Section 30,
Township 8 South, Range 22 East; thence east along
the section line to the northeast corner of Section 32,
Township 8 South, Range 22 East; thence south
along the section line to the southwest corer of Sec.
tion 16, Township 9 South, Range 22 East; thence
eastward along the section line to the southeast cor-
ner of the west 1/8 of Section 18, Township 9 South,
Range 23 East; thence northward to the northeast
corner of the west Y of Section 18, Township 9 South,
Range 23 East; thence west to the southwest corner
of Section 7, Township 9 South, Range 23 East;
thence northward along the Bradford-Clay County


Ch. 373


WATER RESOURCES


Chi 373









WATER RESOURCES fu


line to the northeast corner of Section 36, Township
8 South, Range 22 East; thence west along the sec-
tion line to the southwest corner of the east Y of
Section 25, Township 8 South, Range 22 East; thence
north to the northeast corner of the west Y of Section
24, Township 8 South, Range 22 East; thence west
along the section line to the southwest corner of Sec-
tion 13, Township 8 South, Range 22 East; thence
north along the section line to the northwest corner
of Section 25, Township 7 South, Range 22 East;
thence east along the section line to the Bradford-
Clay County line; thence north along the Bradford-
Clay County line to the intersection of the south
boundary of Baker County, thence west along the
Baker-Bradford County line to the intersection of
the east boundary of Union County, thence west
along the Baker-Union County line to the southwest
corner of Section 18, Township 4 South, Range 20
East; thence north along the range line between
Ranges 19 and 20 East to the northeast corner of
Section 1. Township 3 South, Range 19 East; thence
west along the township line between Townships 2
and 3 South to the Baker-Columbia County line;
thence north along the Baker-Columbia County line
to the north boundary line of the State of Florida;
thence easterly along the Florida-Georgia line to the
Atlantic Ocean; thence southerly along the Atlantic
Ocean, including the waters of said ocean within the
action of the State of Florida to the point of
(d) Southwest Florida Water Management Dis-
trict-Begin at the intersection of the north bound-
ary of Lee County with the Gulf of Mexico; thence
eastward along the Lee-Charlotte County line to the
Southeast corner of Section 33, Township 42 South,
Range 24 East; thence North into Charlotte County,
along the section lines to the Northeast corner of
Section 4, Township 42 South, Range 24 East; thence
East along the township line between Townships 41
and 42 South to the Southeast corer of Section 36,
Township 41 South, Range 25 East; thence north
along the section line to the northwest corner of
Section 6, Township 41 South, Range 26 East; thence
east along the section line to the southeast corner of
Section 36, Township 40 South, Range 26 East;
thence North along the range line between Ranges
26 and 27 to the Northeast corner of Section 1, Town-
ship 40 South, Range 26 East, and the Charlotte-
Desoto County line; thence east along the Charlotte-
Desoto County line to the southeast corner of Section
36, Township 39 South. Range 27 East; thence north
along the DeSoto-Highlands County line to the inter-
section of the South boundary of Hardee County;
thence north along the Hardee-Highlands County
line to the southwest corner of Township 35 South,
Range 28 East; thence east along the north boundary
of Township 36 South to the northeast corner of Sec-
tion 1, Township 36 South, Range 28 East; thence
south along the range line to the southeast corner of
Section 12, Township 37 South, Range 28 East;
thence east along the section line to the northeast
corner of Section 15, Township 37 South, Range 29
East; thence south along the section line to the
southeast corner of Section 34, Township 37 South,
Range 29 East; thence east along the township line
to the northeast corner of Section 1, Township 38


South, Range 29 East; thence south along the range
line to the southeast corner of Section 1, Township
39 South, Range 29 East; thence east along the sec-
tion line to the northwest corner of Section 11, Town-
ship 39 South, Range 30 East; thence north along the
section line to the southwest corner of Section 35,
Township 38 South, Range 30 East; thence east
along the township line to the southeast corner of
the west 1/4 of Section 35, Township 38 South,
Range 30 East; thence north along the Y-section line
of Sections 35, 26, and 23, Township 38 South, Range
30 East to the northeast corner of the west Y section
of Section 23, Township 38 South, Range 30 East;
thence west along the section line to the northwest
corner of Section 23, Township 38 South, Range 30
East; thence north along the section line to the
northwest corner of Section 2, Township 37 South,
Range 30 East; thence west along the township line
to the southwest corner of Section 34, Township 36
South, Range 30 East; thence north along the section
line to the northwest corer of Section 3, Township
36 South, Range 30 East; thence west along the
township line to the southwest corner of Section 31,
Township 35 South, Range 30 East; thence north
along the range line between Ranges 29 and 30 East,
through Townships 35, 34, and 33 South, to the
northeast corner of Township 33 South, Range 29
East, being on the "Highands-Polk County line;
thence west along the Highlands-Polk County line to
the southeast corner of Township 32 South, Range 28
East; thence north along the range line between
Ranges 28 and 29 East, in Townships 32 and 31
South, to the northeast corner of Section 12 in Town-
ship 31 South, Range 28 East; thence east along the
section line to the northeast corner of Section 7,
Township 31 South, Range 29 East; thence north
along the section line to the northwest corner of
Section 17, Township 30 South, Range 29 East;
thence east along the section line to the northeast
corner of the west 1/2 of Section 17, Township 30
South, Range 29 East; thence north along the Y-
section line to the northeast corner of the west of
Section 5, Township 30 South, Range 29 East; thence
west along the section line to the southwest corner
of Section 32, Township 29 South, Range 29 East;
thence north along the section line to the northeast
corner of Section 19 in Township 29 South, Range 29
East; thence west along the north boundaries of Sec-
tion 19, Township 29 South, Range 29 East, and Sec-
tions 24, 23, 22, 21, and 20, Township 29 South,
Range 28 East, to the northwest corner of said Sec-
tion 20; thence north along the section line to the
intersection of said section line with the west shore
line of Lake Pierce in Township 29 South, Range 28
East; thence following the west shore of Lake Pierce
to its intersection again with the west section line of
Section 5, Township 29 South, Range 28 East; thence
north along the section line to the northwest corner
of Section 5, Township 29 South, Range 28 East;
thence east along the township line to the southwest
corner of Section 33, Township 28 South. Range 28
East; thence north along the section line to the
northwest corner of the southwest 4 of the south-
west Y of Section 28, Township 28 South, Range 28
East; thence east along the Y-section line to the in-
tersection of said Y-section line with Lake Pierce;


Ch. 373


WATER RESOURCES


Ch 33









Cli. 373 WATER RESOURCES Cli. 373


thence follow the shore line northeasterly to its in-
tersection with the ;-section line of Section 28,
Township 28 South, Range 28 East; thence north on
the Y-section line to the northwest corner of the
southeast Y of Section 28, Township 28 South, Range
28 East; thence east to the northeast corner of the
southeast Y of Section 28, Township 28 South, Range
28 East; thence south along the section line to the
northwest corner of Section 3, Township 29 South,
Range 28 East; thence east along the section line to
the northeast corner of Section 3, Township 29
South, Range 28 East; thence north along the section
line to the northwest corner of Section 23, Township
28 South, Range 28 East; thence west along the sec-
tion line to the southwest corner of Section 16, Town-
ship 28 South, Range 28 East; thence north along the
section line to the northwest corner of Section 16,
Township 28 South, Range 28 East; thence west
along the section line to the southwest corner of Sec-
tion 8, Township 28 South, Range 28 East; thence
north along the section line to the northwest corner
of Section 5, Township 28 South, Range 28 East;
thence west along the township line to the intersec-
tion of said township line with Lake Marion; thence
following the south shore line of Lake Marion to its
intersection again with said township line; thence
west along the township line to the southeast corner
of Section 36, Township 37- South, Range 27 East;
thence north along the range line between Ranges
27 and 28 East to the intersection of said range line
with Lake Marion; thence following the west shore
of Lake Marion to its intersection again with the
range line between Ranges 27 and 28 East; thence
north along said range line, in Townships 27 and 26
South, to the northeast corner of Township 26 South,
Range 27 East, being on the Polk-Osceola County
line; thence west along the Polk-Osceola County line
to the northwest corner of Township 26 South,
Range 27 East; thence south along the range line
between Ranges 26 and 27 East to the southwest
corner of Section 18 in Township 26 South, Range 27
East; thence east along the section line to the south-
east corner of said Section 18; thence south along the
section lines to the southwest corner of Section 32 in
Township 26 South, Range 27 East; thenwc east
along the section line to the southeast comer of said
Section 32; thence south along the section lines to
the southerly right-of-way line of State Road 600
(US. Route 17 and 92) in Township 27 South, Range
27 East; thence westerly along the southerly right-
of-way line of said State Road No. 600 to the West
boundary of Section 27, Township 27 South, Range
26 East; thence north along the section line to the
northeast corner of Section 16, Township 25 South,
Range 26 East; thence west along the section line to
the southwest corner of Section 9, Township 25
.South, Range 26 East: thence north along the section
line to the Lake-Polk County line; thence west along
the county line to the southwest corner of Section 32,
Township 24 South, Range 26 East; thence into Lake
County, north along the section lines to the north-
east corner of Section 30, Township 24 South, Range
26 East; thence west along the section lines to the
northeast corner of Section 28, Township 24 South,
Range 25 East; thence north along the section lines
to the northeast corner of Section 16, Township 24


South, Range 25 East; thence west along the section
line to the northwest corner of Section 16, Township
24 South, Range 25 East; thence north along the
section line to the northeast corner of Section 8,
Township 24 South, Range 25 East; thence west
along the section lines to the range line between
Ranges 24 and 25; thence north along the range line
to the northeast corer of Section 1, Township 23
South, Range 24 East, also being on the township
line between Townships 22 and 23 South; thence
west along the township line to the northwest corner
of Section 6, Township 23 South, Range 24 East also
being on the Sumter-Lake County line; thence north
along the Sumter-Lake County line, also being the
range line between Ranges 23 and 24, to the north-
east corner of Section 1, Township 18 South, Range
23 East and the Marion County line; thence west,
along the Sumter-Marion County line, also being the
township line between Townships 17 and 18 South,
to the westerly right-of-way line of Interstate High-
way 75; thence northerly along the westerly right-of-
way line of Interstate Highway 75 to the Alachua-
Marion County line, said line also being the town-
ship line between Townships 11 and 12 South;
thence west along.the Alachua-Marion County line
to the northwest corner of Section 3, Township 12
South, Range 19 East and the Levy County line;
thence westerly along the Levy-Alachua County
line, also being the township line between Town-
ships 11 and 12 South, to the southeast corer of
Section 36, Township 11 South, Range 17 East;
thence north along the Levy-Alachua County line,
also being the range line between Ranges 17 and 18
East, to the southerly right-of-way line of State Road
No. 24; thence southwesterly along said southerly
right-of-way line to the easterly right-of-way line of
State Road No. 337; thence southerly, along said
easterly right-of-way line of State Road No. 337, to
the south line of Section 35, Township 14 South,
Range 17 East; thence west along the section line to
the northwest corner of Section 3, Township 15
South, Range 17 East; thence south along the section
lines to the southwest corner of Section 27, Township
15 South, Range 17 East; thence west to the Gulf of
Mexico; thence south along the Gulf of Mexico, in-
cluding the waters of said gulf within the jurisdic-
tion of the State of Florida, to the point of beginning.
(e) South Florida Water Management District.-
Begin at the intersection of the north boundary of
Lee County with the Gulf of Mexico; thence easterly
along the Lee-Charlotte County line to the southwest
corner of Section 34, Township 42 South, Range 24
East; thence northerly along the section lines to the
northwest corner of Section 3, Township 42 South,
Range 24 East; thence easterly along the Township
line between Townships 41 and 42 South to the
southwest corer of Section 31, Township 41 South,
Range 26 East; thence northerly along the Range
line between Ranges 25 and 26 East to the northwest
corner of Section 6, Township 41 South. Range 26
East; thence easterly along the Township line be-
tween Townships 40 and 41 South to the southwest
corner of Section 31, Township 40 South, Range 27
East; thence northerly along the Range line between
Ranges 26 and 27 East to the Chariotte-DeSoto Coun-
ty line; thence easterly along the Charlotte-Desoto


Ch. 373


WATER RESOURCES


Ch. 373










CT REC. 373


County line to the west line of Highlands County;
thence northerly along the Highlands-Desoto Coun-
ty line and along the Highlands-Hardee County line
to the northwest corner of Township 36 South,
Range 28 East; thence east along the north boundary
of Township 36 South to the northeast corner of Sec-
tion 1, Township 36 South, Range 28 East; thence
south along the range line to the southeast corner of
Section 12, Township 37 .South, Range 28 East;
thence east along the section line to the northeast
corner of Section 15, Township 37 South, Range 29
East: thence south along the section line to the
southeast corner of Section 34, Township 37 South,
Range 29 East; thence east along the township line
to the northeast corner of Section 1, Township 38
South, Range 29 East; thence south along the range
line to the southeast corner of Section 1, Township
39 South, Range 29 East; thence east along the sec-
tion line to the northwest corner of Section 11, Town-
ship 39 South, Range 30 East; thence north along the
section line to the southwest corner of Section 35,
Township 38 South, Range 30 East; thence east
along the township line to the southeast corner of
the west Y of Section 35, Township 38 South, Range
30 East; thence north along the Y-section line of
Sections 35. 26, and 23, Township 38 South, Range 30
East to the northeast corner of the west Y section of
Section 23, Township 38 South, Range 30 East;
thence west along the section line to the northwest
corner of Section 23, Township 38 South, Range 30
East; thence north along the section line to the
northwest corner of Section 2, Township 37 South,
Range 30 East; thence west along the township line
to the southwest corner of Section 34, Township 36
South. Range 30 East; thence north along the section
line to the northwest corner of Section 3, Township
36 South, Range 30 East; thence west along the
township line to the southwest corner of Section 31,
Township 35 South, Range 30 East; thence north
along the range line between Ranges 29 and 30 East,
through Townships 35, 34, and 33 South, to the
northwest corner of Township 33 South, Range 30
East, being on the Highlands-Polk County line;
thence west along the Highlands-Polk County line to
the southwest corner of Township 32 South, Range
29 East; thence north along the range line between
Ranges 28 and 29 East, in Townships 32 and 31
South, to the northwest corner of Section 7 in Town-
ship 31 South, Range 29 East; thence east along the
section line to the northeast corner of Section 7,
Township 31 South, Range 29 East; thence north
along the section line to the northwest corner of
Section 17, Township 30 South, Range 29 East;
thence east along the section line to the northeast
corner of the west 1/2 of Section 17, Township 30
South, Range 29 East; thence north along the Y,-
section line to the northeast corer of the west Y of
Section 5, Township 30 South, Range 29 East; thence
west along the section line to the southwest corner
of Section 32, Township 29 South, Range 29 East;
thence north along the section line to the northeast
corner of Section 19 in Township 29 South, Range 29
East; thence west along the south boundaries of Sec-
tion 18, Township 29 South, Range 29 East and Sec-
tions 13, 14, 15, 16, and 17 in Township 29 South,
Range 28 East, to the southwest corner of said Sec-


tion 17; thence north along the section line to the
intersection of said section line with the west shore
line of Lake Pierce in Township 29 South. Range 28
East; thence following the west shore of Lake Pierce
to its intersection again with the west section line of
Section 5, Township 29 South, Range 28 East; thence
north along the section line to the northwest corner
of Section 5, Township 29 South, Range 28 East;
thence east along the township line to the southwest
corner of Section 33, Township 28 South, Range 28
East; thence north along the section line to the
northwest corer of the southwest Y4 of the south-
west K of Section 28, Township 28 South, Range 28
East; thence east along the Y-section line to the in-
tersection of said Y-section line with Lake Pierce;
thence follow the shore line northeasterly to its in-
tersection with the Y-section line of Section 28,
Township 28 South, Range 28 East; thence north on
the Y-section line to the northwest corner of the
southeast Y of Section 28, Township 28 South, Range
28 East; thence east along the Y,-section line to the
northeast corner of the southeast Y. of Section 28,
Township 28 South. Range 28 East; thence south
along the section line to the northwest corner of
Section 3, Township 29 South, Range 28 East; thence
east along the section line to the northeast corner of
Section 3, Township 29 South, Range 28 East; thence
north along the section line to the northwest corner
of Section 23, Township 28 South, Range 28 East;
thence west along the section line to the southwest
corner of Section 16, Township 28 South, Range 28
East; thence north along the section line to the
northwest corner of Section 16, Township 28 South,
Range 28 East; thence west along the section line to
the southwest corner of Section 8, Township 28
South, Range 28 East; thence north along the section
line to the northwest corner of Section 5, Township
28 South, Range 28 East; thence west along the
township line to the intersection of said township
line with Lake Marion; thence following the south
shore line of Lake Marion to its intersection again
with said township line; thence west along the town-
ship line to the southeast corner of Section 36, Town-
ship 27 South, Range 27 East; thence north along the
range line between Ranges 27 and 28 East to the
intersection of said range line with Lake Marion;
thence following the west shore of Lake Marion to its
intersection again with the range line between
Ranges 27 and 28 East; thence north along said
range line, in Townships 27 and 26 South, to the
northwest corner of Township 26 South, Range 28
East, being on the Polk-Osceola County line; thence
west along the Polk-Osceola County line to the
southwest corner of Township 25 South, Range 27
East; thence northerly along the range line between
Ranges 26 and 27 East to the northwest corer of
Section 18, Township 23 South, Range 27 East;
thence easterly along the section lines to the south-
west corner of Section 12, Township 23 South, Range
27 East; thence northerly along the section lines to
the northwest corner of Section 1, Township 23
South, Range 27 East; thence easterly along the
Township line between Townships 22 and 23 South
to the southwest corner of Section 31, Township 22
South, Range 29 East; thence northerly along the
Range line between Ranges 28 and 29 East to the


Ch. 373


WATER RESOURCES


Ch. 373









Cli..373 ATERRESORCESCh. 373


" northwest corner of Section 30, Township 22 South,
Range 29 East; thence easterly along the section
lines to the westerly right-of-way line of U.S. High-
way 441: thence southerly along the westerly right-
of-way line to the intersection with the northerly
right-of-way line of State Road 528A; thence easterly
along the northerly right-of-way line to the intersec-
tion with the northerly right-of-way line of State
Road 528, also known as the Bee Line Expressway-,
thence easterly along the northerly right-of-way line
of State Road 528 to the intersection with the range
line between Township 23 South, Range 31 East and
Township 23 South, Range 32 East; thence southerly
along the Range line between Ranges 31 and 32 East
to the Orange-Osceola County line; thence easterly
along said county line between Townships 24 and 25
South to the northeast corner of Section 5, Township
25 South, Range 32 East; thence southerly along the
section lines to the southeast corner of Section 32,
Township 25 South, Range 32 East; thence easterly
along the Township line between Townships 25 and
26 South to the northeast corner of Section 1, Town-
ship 26 South, Range 32 East; thence southerly along
the Range line between Ranges 32 and 33 East to the
southeast corner of Section 36, Township 27 South,
Range 32 East; thence westerly along the township
line between Townships 27 and 28 South, to the
northeast corner of Section 1, Township 28 South,
Range 32 East; thence southerly along the Range
line between Ranges 32 and 33 East to the southeast
corner of Section 36, Township 29 South, Range 32
East; thence easterly along the Tovnship line be-
f/ tween Townships 29 and 30 South to the northeast
corner of Section 1, Township 30 South, Range 33
East; thence southerly along the Range line between
Ranges 33 and 34 East to the southeast corner of
Section 36, Township 30 South, Range 33 East;
thence westerly along the Township line between
Townships 30 and 31 South to the northeast corner
of Section 4, Township 31 South, Range 33 East;
thence southerly along the section lines to the Os-
ceola-Okeechobee County line; thence easterly along
said county line to the northeast corner of Section 3,
Township 33 South, Range 34 East; thence southerly
along the section lines to the southeast corner of
Section 34, Township 34 South, Range 34 East;
thence easterly along the Township line between
Townships 34 and 35 South to the southwest corner
of Section 36, Township 34 South, Range 35 East;
thence northerly along the section lines to the north-
west corner ofSection 13, Township 34 South, Range
35 East; thence easterly along the section line to the
Range line between Ranges 35 and 36 East; thence
northerly along said Range line to the northwest
corner of Section 18, Township 34 South, Range 36
East; thence easterly along the section lines to the
southwest corner of Section 10, Township 34 south,
Range 36 East; thence northerly along the section
line to the northwest corner of said Section 10;
thence easterly along the section lines to the Okee-
chobee-St. Lucie County line; thence northerly along
said county line to the south line of Indian River
County; thence easterly along the St. Lucie-Indian
River County line to the Atlantic Ocean; thence
" southerly along the Atlantic Ocean to the Gulf of
Mexico; thence northerly along the Gulf of Mexico,


including the waters of said Ocean and of said Gulf
and the islands therein within the jurisdiction of the
State of Florida, to the point of beginning.
Hitory.--. 12. art ch. 72-299: c. 7c h90 i a.e. c t- ; a. L h.
.S-243; l 113. ch. r7-104: &1. :a. 6.
373.0691 Transfer of areas.-
(1) At the time of change of boundaries of the
respective districts under subsection 373.069(3), all
contractual obligations with respect to an area being
transferred to another district shall be assumed by
the district receiving such area; all real property
interests owned by a district within an area to be
transferred shall be conveyed to the district receiv-
ing such area; and all equipment, vehicles, other
personal property, and records owned, located, and
used by a district solely within an area being trans-
ferred shall be delivered to the district receiving
such area. However, if an area is transferred from a
district with a contractual obligation to the United
States of America for the operation and mainte-
nance of works within such area, then the deliveries
and conveyances required in this section shall be
deferred until the United States has approved the
assumption of the contractual obligations by the re-
ceiving district.
(2) The change ofboundaries shall not affect the
continuing authority, obligations, and commitments
of the water management districts, except as set
forth in this section.
Mowry-.- 2. ch. 7s.2-43
373.0693 Basins; basin boards.-
(1) Any areas within a district may be designated
by the district governing board as subdistricts or
basins. The designation ot such basins shall be made
by the district governing board by resolutions there-
of. 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
by this act shall become effective until approved by
the Legislature.
(2) Each basin shall be under the control of a
basin board which shall be comoosed 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 thrne Trotni
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
appointment 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 F zsion of the Legislature,
and the refusal or failure of the Senate to confirm an
appointment 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


Ch. 373


WATER RESOURCES


Ch. 373










Ch. 373


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
basin or, if no member resides in the basin, a mem--
ber of the governing board designated by the chair-
man of the governing board shall be the ex officio
chairman of the basin board. The ex officio chairman
shall preside at all meetings of the basin board, ex-
cept that the vice chairman may preside in his ab-
sence. 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 dis-
trict 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 Manaso-
ta Watershed Basin of the Ridge and Lower Gulf
Coast Water Management District shall become
members of the governing board of the Manasota
Basin of the Southwest Florida Water Management
District.
(8Xa) 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 bounda-
ries 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 ba-
sin shall be designated as the Oklawaha River Basin.
The members of the governing board of the Ok-
lawaha River Basin of the Southwest Florida Water
Management District shall become the members of
the governing board of the newly formed basin. The
governing board of the St. Johns River Water Man-
agement District may change the boundaries, but
may not abolish the basin.
(b)l. On July 1, 1977, the entire area of the St.
Johns River Water Management District, less those
areas in the Oklawaha Basin, shall be formed into a
subdistrict or basin of the St. Johns River Water
Management District. Such area shall be designated
as the Greater St. Johns River Basin.
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 sub-
ject to confirmation by the Senate as provided in
subsection (4).
(a) The initial boundaries of the Big Cypress Ba-
sin shall be established by resolution of the govern-
ing board of Central and Southern Florida Flood
Control District, after notice and hearing, and gener-
ally shall encompass the Big Cypress Swamp and
southwestern coastal area hydrologic cataloging
unit, as indicated on River Basin and Hydrologic
Unit Map of Florida-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 Wa-
ter Management District subsequently may change
the boundaries of the basin, but may not abolish the
basin prior to 11:58 p.m. on December 31, 1979.
(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 oursuant 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
Florida Water Management District. Such area
shall be designated as the Okeechobee Basin.
(a) The governing board of the South Florida Wa-
ter Management District shall also serve as the gov-
erning board of the Okeechobee Basin.
(b) The governing board of the South Florida Wa-
ter Management District may change the bounda-
ries of the Okeechobee Basin or may subdivide the
basin into smaller basins to be governed by basin
boards to be appointed by the Governor, subject to
confirmation by the Senate as provided in subsection
(4). However, the basin may not be enlarged to in-
clude the area included within the initial boundaries
of the Big Cypress Basin prior to 11:59 p.m. on De-
cember 31, 1979.
(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
continue to be funded on an equal basis throughout
the entire Okeechobee Basin as initially described on
December 31, 1976.
Hisory.-- S. ch. 73.190. s.3. sc. 786243; a. L ch. 77.382.


Ch. 373


WATER RESOURCES


Ch. 373










. -


373.0695 Duties of basin boards: authorized
expenditures.-
(1) The various boards shall be responsible for
discharging the following described functions in
their respective basins:
(a) The preparation of engineering plans for de-
velopment of the water resources of the basin and
the conduct of public hearings on such plans.
(b) The development and preparation of overall
basin plan of secondary water control facilities for
the guidance of subdrainage districts and private
land owners in the development of their respective
systems of water control which will be connected to
the primary works of the basin to complement the
engineering plan of primary works for the basin.
,c) The preparation of the annual budget for the
basin and the submission of such budget to the gov-
erning board of the district for inclusion in the dis-
trict budget.
(d) The consideration and prior approval of final
construction plans of the district for works to be
constructed in the basin.
(e) The administration of the affairs of the basin.
(f) Planning for and, upon request by a county,
municipality, or regional water supply authority,
providing water supply and transmission facilities
for the purpose of assisting such counties, municipal-
ities, and regional water supply authorities within
or serving the basin.
(2) Basin board moneys shall be utilized for-
(a) Engineering studies of works of the basin.
(b) Payment for the preparation of final plans
and specifications for construction of basin works
executed by the district.
(c) Payment of costs of construction of works of
the basin executed by the district.
(d) Payment for maintenance and operation of
basin works as carried out by the district.
(e) Administrative and regulatory activities of
the basin.
(f) Payment for real property interests for works
of the basin.
(g) Payment of costs of road, bridge, railroad, and
utilities modifications and changes resulting from
basin works.
(3) The works of the basin shall be those adopted
by the respective basin boards. Such works may be
adopted jointly with other basins and may be within
or without the area of the basin.
(4) In the exercise of the duties and powers grant-
ed herein, the basin boards shall be subject to all the
limitations and restrictions imposed on the water
management districts in s. 373.1961.
Hmory.-. 6. e3.t 90 s. 3 eh. 74.14.
373.0697 Basin taxes.-The respective basins
may, pursuant to s. 9(b), Art. VII of the State Consti-
tution, by resolution request the governing board of
the district to levy ad valorem taxes within such
basin. Upon receipt of such request, a basin tax levy
shall be made by the governing board of the district
to finance basin functions enumerated in s.
373.0695, notwithstanding the provisions of any oth-
er general or special law to the contrary, and subject
to the provisions of s. 373.503(3).


(1) The amount of money to be raised by said tax
levy shall be determined by the adoption of an annu-
al budget by the district board of governors, and the
average millage for the basin shall be that amount
required to raise the amount called for by the annual
budget when applied to the total assessment of the
basin as determined for county taxing purposes.
However, no such tax shall be levied within the ba-
sin unless and until the annual budget and required
tax levy shall have been approved by formal action
of the basin board, and no county in the district shall
be taxed under this provision at a rate to exceed one
mill.
(2) The taxes provided for in this section shall be
extended by the county property appraiser on the
county tax roll in each county within, or partly with-
in, the basin and shall be collected by the tax collec-
tor in the same manner and time as county taxes,
and the proceeds therefrom paid to the district for
basin purposes. Said taxes shall be a lien, until paid,
on the property against which assessed and enforce-
able in like manner as county taxes. The property
appraisers, tax collectors, and clerks of the circuit
court of the respective counties shall be entitled to
compensation for services performed in connection
with such taxes at the same rates as apply to county
taxes.
(3) It is hereby determined that the taxes author-
ized by this subsection are in proportion to the bene-
fits to be derived by the several parcels of real estate
within the basin from the works authorized herein.
HisUry 4.- ch. 73-190; r 2. o h. 7S-12-a h. 76243.
373.073 Governing board.-
(IXa) The governing board of each water man-
agement district shall be composed of nine members
who shall reside within the district. The term of of-
fice of members of the board shall be 4 years; howev-
er, four of the members composing each of the initial
boards in the districts newly established by this
chapter shall be appointed for terms expiring in
July, 1973, and five shall be appointed for terms
expiring in July, 1975. Members of the governing
boards continued under this chapter shall be ap-
pointed from the district at large as vacancies occur
on the governing boards. Such vacancies shall be
filled according to the residency requirements of
paragraph (b). Any governing board member serving
on December 31, 1976, who continues to reside in the
district to which he was appointed, subsequent to the
changes in boundaries set forth in subsection
373.069(3), shall continue to serve until his term of
office expires.
(b) After December 31, 1976, and notwith-
standing the provisions of any other general or spe-
cial law to the contrary, vacancies in the governing
boards of the water management districts shall be
filled according to the following residency require-
ments, representing areas designated by the U. S.
Water Resources Council in U. S. Geological Survey,
River Basin and Hydrological Unit Map of Florida-
1975, Map Series No. 72:
1. Northwest Florida Water Management Dis-
trict:
a. One member shall reside in the area generally
designated as the "Perdido River Basin-Perdido Bay


Ch. 373


WATER RESOURCES


Ch 373









C.33WATER RESOURCES ( -"


Coastal Area-Lower Conecuh River-Escambia River
Basin" hydrologic units.
b. One member shall reside in the area generally
designated as the "Blackwater River Basin-Es-
cambia Bay Coastal Area-Yellow River Basin-Choc-
tawhatchee Bay Coastal Area" hydrologic units.
c. One member shall reside in the area generally
designated as the "Choctawhatchee River Basin-St.
Andrews Bay Coastal Area" hydrologic units.
d. One member shall reside in the area generally
designated as the "Lower Chattahoochee-Apala-
chicola River-Chipola River Basin-Coastal Area be-
tween Ochlockonee River Apalachicola Rivers-
Apalachicola Bay coastal area and offshore islands"
hydrologic units.
e. One member shall reside in the area generally
designated as the "Ochlockonee River Basin-St.
Marks and Wakulla Rivers and coastal area between
Aucilla and Ochlockonee River Basin" hydrologic
units.
f. Four members shall be appointed at large, ex-
cept that no county shall have more than two mem-
bers on the governing board.
2. Suwannee River Water Management District:
a. One member shall reside in the area generally
designated as the "Aucilla River Basin" hydrologic
unit.
b. One member shall reside in the area generally
designated as the "Coastal Area between Suwannee
and Aucilla Rivers" hvdrologic unit.
c. One member shall reside in the area generally
designated as the "Withlacoochee River Basin-
Alapaha River Basin-Suwannee River Basin above
the Withlacoochee River" hydrologic units.
d. One member shall reside in the area generally
designated as the "Suwannee River Basin below the
Withiacoochee River excluding the Santa Fe River
Basin" hydrologic unit.
e. One member shall reside in the area generally
designated as the "Santa Fe Basin-Waccasassa River
and coastal area between Withlacoochee and Suwan-
nee River" hydrologic units.
f. Four members shall be appointed at large, ex-
cept that no county shall have more than two mem-
bers on the governing board.
3. St. Johns River Water Management District:
a. One member shall reside in the area generally
designated as the "St. Mary River Basin-Coastal
area between St. Marys and St. Johns Rivers" hy-
drologic units.
b. One member shall reside in the area generally
designated as the "St. Johns River Basin below Ok-
lawaha River-Coastal area between the St. Johns
River and Ponce de Leon Inlet" hydrologic units.
c. One member shall reside in the area generally
designated as the "Oklawaha River Basin" hydrolog-
ic unit.
d. One member shall reside in the area generally
designated as the "St. Johns River Basin above the
Oklawaha River" hydrologic unit.
e. One member shall reside in the area generally
designated as the "Coastal area between Ponce de
Leon Inlet and Sebastian Inlet-Coastal area Sebas-
tian Inlet to St. Lucie River" hydrologic units.
f. Four members shall be appointed at large, ex-
cept that no county shall have more that two mem-
bers on the governing board.


4. South Florida Water Management District:
a. Two members shall reside in Dade County.
b. One member shall reside in Broward County.
c. One member shall reside in Palm Beach Coun-
ty.
d. One member shall reside in Collier, Lee, Hen-
dry, or Charlotte Counties.
e. One member shall reside in Glades, Okeecho-
bee, Highlands, Polk, Orange, or Osceola Counties.
f. Two members, appointed at large, shall reside
in an area consisting of St. Lucie, Martin, Palm
Beach, Broward, Dade, and Monroe Counties.
g. One member, appointed at large, shall reside
in an area consisting of Collier, Lee, Charlotte, Hen-
dry, Glades, Osceola, Okeechobee, Polk, Highlands,
and Orange Counties.
h. No county shall have more than three mem-
bers on the governing board.
5. Southwest Florida Water Management Dis-
trict:
a. One member shall reside in the river basin
generally designated as the Withlacoochee River.
b. One member shall reside in the area generally
comprised of the Hillsborough, Alafia, and Little
Manatee River basins.
c. One member shall reside in the river basin
generally designated as the Peace River.
d. One member shall reside in the area generally
comprised of the Manatee and Myakka River basins.
e. One member shall reside in the watershed ba-
sins lying north of the Anclote River basin and west
of the Oklawaha River basin, excluding the With-
lacoochee River.
f. One member shall reside in the watershed ba-
sins lying south of the northern limits of the Anclote
River basin and west of the Hillsborough River ba-
sin, including all of Pinellas County.
g. Three members shall be appointed at large,
except that no county shall have more than two
members on the governing board, and Pinellas Coun-
ty and Hillsborough County shall each have two
members.
(2) Members of the governing boards shall be ap-
pointed by the Governor, subject to confirmation by
the Senate at the next regular session of the Legisla-
ture, and the refusal or failure of the Senate to con-
firm an appointment shall create a vacancy in the
office to which the appointment was made.
(3) Nothing in the transfer of functions from the
Department of Natural Resources to the Depart-
ment of Environmental Regulation by s. 11, chapter
75-22, Laws of Florida, shall affect the existence of,
or membership on, any water management district
board.
aBir.--L 13. pau L ch229 1.2. cha. i22: Ech. 7643; L ch.
TT.72.
373.074 Transitional provisions; chapter 76-
243, Laws of Florida.-
(1) It is the intent of the Legislature to make the
transfer of areas, and concomitant transfer of duties,
responsibilities, assets, and related matters, as
smooth and equitable as possible, preserving conti-
nuity wherever possible and desirable.
(2) As soon as practical, the Governor shall desig-
nate one member of the governing board of the Ridge
and Lower Gulf Coast Water Management District


Ch. 373


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Cb 373 WATER RESOURCES Cli. 373


who resides within the Manasota Basin, which is to
be transferred to the Southwest Florida Water Man-
agement District, to serve ex officio as a voting mem-
ber of the Southwest Florida Water Management
District, subject to all the rights, privileges, duties,
and responsibilities of other board members, while
continuing to serve as a member of the governing
board of the Ridge and Lower Gulf Coast Water
Management District. Such designee shall serve in
this dual capacity until December 31. 1976, at which
time his membership on the governing board of the
Ridge and Lower Gulf Coast Water Management
District shall terminate; but he shall continue to
serve as a member of the governing board of the
Southwest Florida Water Management District un-
til July, 1978. Such member shall be in addition to
the nine regular governing board members.
(3) As soon as practical, the Governor shall desig-
nate one member of the governing board of the
Southwest Florida Water Management District who
resides within the area to be transferred to the St.
Johns River Water Management District to serve ex
officio as a voting member of the St. Johns River
Water Management District, subject to all the
rights, privileges, duties, and responsibilities of oth-
er board members, while continuing to serve as a
member of the governing board of the Southwest
Florida Water Management District. Such designee
shall serve in this dual capacity until December 31,
1976, at which time his membership on the govern-
ing board of the Southwest Florida Water Manage-
ment District shall terminate; but he shall continue
to serve as a member of the governing board of the
St. Johns River Water Management District until
July, 1979. Such member shall be in addition to the
nine regular governing board members.
(4) As soon as practical, the Governor shall desig-
nate one member of the governing board of the Ridge
and Lower Gulf Coast Water Management District
who resides within the area to be transferred to the
Central and Southern Florida Flood Control District
to serve ex officio as a voting member of the Central
and Southern Florida Flood Control District, subject
to all the rights, privileges, duties, and responsibil-
ities of other board members, while continuing to
serve as a member of the governing board of the
Ridge and Lower Gulf Coast Water Management
District. Such designee shall serve in this dual capac-
ity until December 31. 1976, at which time his mem-
bership on the governing board of the Ridge and
Lower Gulf Coast Water Management District shall
terminate; but he shall continue to serve as a mem-
ber of the governing board of the receiving water
management district until July, 1979. Such member
shall be in addition to the nine regular governing
board members.
H mory.-* 4. c~. 78-243
373.076 Vacancies in the governing board;
removal from office.-
(1) Vacancies occurring in the governing board
of a district prior to the expiration of the affected
term shall be filled for the unexpired term.
(2) The Governor shall have authority to remove
from office any officer of said district in the manner
and for cause defined by the laws of this state appli-
cable to situations which may arise in said district.
History.- 14. par L ch. 72.299.


373.079 Members of governing board; oath of
office; etc.-
(1) Each member of the governing board of the
district, before entering upon his official duties, shall
take and subscribe to an oath, before some officer
authorized by law to administer oaths, that he will
honestly, faithfully and impartially perform the du-
ties devolving upon him in office as member of the
governing board of the district to which he was ap-
pointed and that he will not neglect any of the duties
imposed upon him by this chapter.
(2) Immediately after their appointment, and ev-
ery 2 years thereafter, members composing the gov-
erning board shall meet at some convenient place
and choose one of their number chairman of the
board, and some suitable person secretary, who may
or may not be a member of the governing board, and
who may be required to execute bond for the faithful
performance of his duties as the governing board
may determine. Such board shall adopt a seal with
a suitable device, and shall keep a well bound book
entitled, in effect, "Record of Governing Board of.....
District," in which shall be recorded minutes of all
meetings, resolutions, proceedings, certificates,
bonds given by all employees, and any and all corpo-
rate acts. which book shall at reasonable times be
open to the inspectionof any citizen of Florida or
taxpayer in the district or-his agent or attorney.
(3) The chairman and members of the board
shall receive no compensation for such services, but
while officially on work for the district shall receive
their actual traveling expenses and subsistence and
lodging, not to exceed the statutory amount allowed
state officers and employees, and other expenses in
the actual amount incurred therefore.
(4) The governing board of the district is author-
ized to employ an executive director and such engi-
neers, other professional persons, and other person-
nel and assistants as the board may deem necessary
and under such terms and conditions as it may deter-
mine, and to terminate such employment.
(5) The governing board may employ a legal staff
for the purposes of:
(a) Providing legal counsel on matters relating to
the exercise of its powers and duties;
(b) Representing it in all proceedings of an ad-
ministrative or judicial nature; and
(c) Otherwise assisting in the administration of
the provisions of this chapter.
(6) By resolution the governing board may deter-
mine the location of its principal office and provide
for the change thereof.
(7) The governing board shall meet at least once
a month and upon call of the chairman.
Hisorya.-. IS. pant I 2-29.
373.083 General powers and duties of the
governing board.-In addition to other powers and
duties allowed it by law, the governing board is au-
thorized to:
(1) Contract with public agencies, private corpo-
rations, or other persons; sue and be sued; and ap-
point and remove agents and employees, including
specialists and consultants.
(2) Issue orders to implement or enforce any of
the provisions of this chapter or regulations there-
under.


Ch. 373


WATER RESOURCES


Ch. 373









Chi. 373 WATER RESOURCES Ci 37


(3) Make surveys and investigations of the water
supply and resources of the district and cooperate
/' with other governmental agencies in similar activi-
ties.
Mffisry.- 16. par L ch. 72.299.
373.084 District works, operation by other
governmental agencies.-The district may permit
governing bodies of water conservation districts,
drainage and other improvement districts, and fed-
eral, state and local governments, authorities or
agencies to operate and maintain the works of the
district under conditions which the governing board
may deem advisable.
HIM.-. 4. ch. 211S. 192;.& 25. ch. 73.190.
Note.-Forir s. 378.161.
373.085 Use of works by other districts.-
(1) The governing board shall have authority to
prescribe the manner in which local works provided
by other districts or by private persons shall connect
with and make use of the works of the district, to
issue permits therefore, and to cancel the same for
noncompliance with the conditions thereof, or for
other cause. It shall be unlawful to connect with or
make use of the works of said district without con-
sent in writing from its governing board, ann saim
board shall have authority to prevent, or if done to
estop or terminate the same.
(2) Damage resulting from unlawful use of such
works, or from violations of the conditions of permit
issued by the board shall. if made by other than a
public agency, be subject to such penalty as is or may
be prescribed by law and in addition thereto by a
date and in a manner prescribed by the board, repair
of said damage to the satisfaction of said board, or
deposit with said board a sum sufficient therefore,
and if by a public agency, then at the expense of such
agency the repair of said damage to the satisfaction
of the board or the deposit with said board of a sum
sufficient therefore.
HImsto.--. 17.h ch. 2S209. 1949. 2ch. 73S190.
No.-Former s. 378.17.
373.086 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 nec-
essary establish, maintain and regulate water levels
in all canals, lakes, rivers, channels, reservoirs,
streams or other bodies of water owned or main-
tained by the district; to cross any highway, or rail-
way 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 obstruction necessary for the
construction, maintenance 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 said district shall be those adopt-
C 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.
HLnary.--. 16. c. 25209. 1949 s. 2. ch. 29790, 1952: s 1. ch. 61-147; s. 3.
ch. 61-497; 2. ch. 63.224: 4 i. ch. 67.206: s. L. part V. c. 72.299: s. 2. ch.
73.190.
Note.- ormer s. 378.16.
373.087 District works using aquifer for stor-
age and supply.-The governing board may estab-
lish works of the district for the purpose of introduc-
ing water into, or drawing water from. the underly-
ing aquifer for storage or supply. However, only wa-
ter of a compatible quality shall be introduced di-
rectly into such aquifer.
Hiowry.--. L ch. 2-31&
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
title 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 uoon
terms and security to be approved by the governing
board, 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) hereof, it shall be the duty of the dis-
trict to cause a notice of intention to sell to be pub-
lished in a newspaper published in the county in
which said land is situated once each week for 3
successive weeks (three insertions being sufficient),
the first publication of which shall be not less than
30 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 where sur-
plus lands are being resold to the then owner of that
adjacent parcel from which the surplus land was
originally 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 registered mail to the address shown on the coun-
ty tax roll within 30 days after the land is declared
surplus.
Hsary.-t 4. ch. 29790. 8 25. ch.. 73-190.
Not.-Formwr s. 37.B.
373.093 Lease of lands or interest in land.-
The governing board of the district may lease any
lands or interest in land, including but not limited to
oil and mineral rights, to which the district has ac-
quired title, or to which it may hereafter acquire
title in the following manner.
(1) For the best price and terms obtainable, to be
determined by the board.
(2) Before leasing any land, or interest in land
including but not limited to oil and mineral rights,


WATER RESOURCES


Ch. 373


Ch. 373









Cli. 373 WATER RESOURCES Cli. 373


the district shall cause a notice of intention to lease
to be published in a newspaper published in the
county in which said land is situated and such other
places as the board may determine once each week
for 3 successive weeks (three insertions being suffi-
cient), the first publication of which shall be not less
than 30 nor more than 45 days prior to any lease,
which said notice shall set forth the time and place
of leasing and a description of the lands to be leased.
(3) It shall not be necessary to publish the notice
as provided by subsection (2) where the lease is made
to a person in connection with land acquisition by
the district and the lease results in a diminution of
the cost to the district in the acquisition of the land.
Hstory.--. 4. h. 29790. 193: s. 2 dc. T3.L90.
Not.-Farmer S. 37.49.
373.096 Releases.-The governing board of the
district may release any canal easement, reservation
or right-of-way interests, conveyed to it for which it
has no present or apparent future use under terms
and conditions determined by the board.
Hisiar .-i. 4. ch. 2T90. '55: s. 25. h.-- 3190.
No..-Formu s. 378.50.
373.099 Execution of ihstruments.-Any in-
struments of sale, lease, release or conveyance exe-
cuted pursuant to the provisions of this chapter shall
be executed in the name of the district by its govern-
ing board acting by the chairman or vice chairman
of said board and shall have the corporate seal of the
board affixed thereto attested by its secretary and
any such instrument shall be effective to pass the
title or interest of the district in the property con-
veyed; provided, the district shall not warrant the
title to any property sold, leased, released or con-
veyed.
Hiory.-. 4. ch. 29790. 19 : 2&, ch. '3-190.
ovfe.-rorm a. 37 .51.
373.103 Powers which may be vested in the
governing board at the department's discretion.
-n addition to the other powers and duties allowed
it by law, the governing board of a water manage-
ment district may be specifically authorized by the
department to:
(1) Administer and enforce all provisions of this
chapter, including the permit systems established in
parts IL, I, and IV of this chapter.
(2) Cooperate with the United States in the man-
ner provided by Congress for flood control, reclama-
tion, conservation, and allied purposes in protecting
the inhabitants, the land, and other property within
the district from the effects of a surplus or a deficien-
cy of water when the same may be beneficial to the
public health, welfare, safety, and utility.
(3) Plan, construct, operate, and maintain works
of the district as hereinafter defined.
(4) Determine, establish, and control the level of
waters to be maintained in all canals, lakes, rivers,
channels, reservoirs, streams, or other bodies of wa-
ter controlled by the district; to maintain such wa-
ters at the levels so determined and established by
means of dams, locks, flood gates, dikes, and other
structures; and to regulate the discharge into, or
,4 withdrawal from, the canals, lakes, rivers, channels,


reservoirs, streams, or other bodies of water con-
trolled by the district or which are a work of the
district, including review of small watershed.
projects (Public Law 83-566).
(5) Expend, at the discretion of the governing
board, for purposes of promotion, advertisement,
and improvement of the program and objectives of
the district, a yearly sum not to exceed one-fourth of
1 percent of the moneys collected by taxation within
the district.
(6) Exercise such additional power and authority
compatible with this chapter and other statutes and
federal laws affecting the district as may be neces-
sary to perform such duties and acts and to decide
such matters and dispose of the same as are not
specifically defined in or covered by statute.
(7) Prepare, in cooperation with the department,
that part of the state water use plan applicable to the
district.
Hiaort.-- pat L ch. 7229-: 7. c7h. 73190.
373.106 Permit required for construction in-
volving underground formation.-
(1) No construction may be begun on a project
involving artificial recharge or the intentional intro-
duction of water into any underground formation
except as permitted in chapter 377, without the writ-
ten permission of the governing board of any water
management district within which the construction
will take place. Such application shall contain the
detailed plans and specifications for the construction
of the project.
(2) A water management district may do any act
necessary to replenish the ground water of said dis-
trict. The district may, among other things, for the
purposes of replenishing the ground water supplies
within the district:
(a) Buy water;
(bi Exchange water-
(c) Distribute water to persons in exchange for
ceasing or reducing ground water extractions;
(d) Spread, sink, and inject water into the under-
ground;
(e) Store, transport, recapture, reclaim, purify,
treat, or otherwise manage and control water for the
beneficial use of persons or property within the dis-
trict; and
(f) Build the necessary works to achieve ground
water replenishment.
Hianry.-. Pan I. ch. 2.299: s. Ch. s7395.
373.109 Permit application fees.-When a wa-
ter management district governing board imple-
ments a permit system under part II, II, or IV of this
chapter, it shall establish a schedule of fees for filing
applications for the required permits. Such fees shall
reflect the cost to the district for processing the ap-
plication. However, permit fees shall not be required
from any governmental entity.
(1) All moneys received under the provisions of
this section shall be allocated for the use of the water
management district and shall be in addition to
moneys otherwise appropriated in any general ap-
propriation act.
(2) The failure of any person to pay the fees es-
tablished hereunder shall constitute grounds for rev-


Ch. 373


WATER RESOUTRCSS


Ch. 373










Ch. 373


location of his permit.
H.btry-. 19. pant L ch. .U299: s. 7. h. T243.
373.113 Adoption of regulations by the gov-
erning board.-In administering the provisions of
this chapter the governing board shall adopt, pro-
mulgate, and enforce such regulations as may be
reasonably necessary to effectuate its powers, duties,
and functions pursuant to the provisions of chapter
120.
HRitnr4.-& 20. pau L ch. 2.299.
373.114 Land and Water Adjudicatory Com-
mission; review of district policies, rules, and
orders.-The Governor and cabinet, sitting as the
Land and Water Adjudicatory Commission, shall
have the exclusive power by a vote of four of the
members, to review, and may rescind or modify, any
rule or order of a water management district, except
those rules which involve only the internal manage-
ment of the water management district, to insure
compliance witn tne provisions and purposes ot tnls
chapter. Such review may be initiated at any time oy
the Governor and cabinet, by the secretary, by the
Environmental Regulation Commission. or by an in.
terested party aggrieved by such rule or order, by
filing a request for such review with the Land and
Water Adjudicatory Commission and serving a copy
on the water management district. Such request for
review is not a precondition to the effectiveness of
such rule or order, or to the seeking of judicial re-
view as provided by ss, 373.133 and 120.68.
Bscorr.-s. 11 ch. -3-22.
373.116 Procedure for water use and im-
poundment construction permit applications.-
(1) Applications for water use permits, under
part II of this chapter, and for permits for construc-
tion or alteration of dams, impoundments, reser-
voirs, and appurtenant works, under part IV of this
chapter, shall be filed with the water management
district on appropriate forms provided by the gov-
erning board.
(2) Upon receipt of an application for a permit of
the type referred to in subsection (1), the governing
board shall cause a notice thereof to be published in
a newspaper having general circulation within the
affected area. In addition, the governing board shall
send, by regular mail, a copy of such notice to any
person who has filed a written request for notifica-
tion of any pending applications adfecting this par-
ticular designated area.
istory.-s.L 21 ur L ch. 2-A* .I ch. 'i-94.
373.119 Administrative enforcement proce-
dures; orders.-
(1) Whenever the executive director of a water
management district has reason to believe that a
violation of any provision of this chapter or any regu-
lation promulgated thereunder or permits or order
issued pursuant thereto has occurred, is occurring,
or is about to occur, the executive director may cause
a written complaint to be served upon the alleged
violator or violators. The complaint shall specify the
provision or provisions of this chapter or regulation
or permit or order alleged to be violated or about to
be violated and the facts alleged to constitute a viola-
tion thereof, and may order that necessary correc-
tive action be taken within a reasonable time to be


prescribed in such order. Any such order shall be-
come final unless the person or persons named
therein request by written petition a hearing no lat-
er than 14 days after the 'date such order is served.
(2) Whenever the executive director, with the
concurrence and advice of the governing board, finds
that an emergency exists requiring immediate ac-
tion to protect the public health, safety, or welfare;
the health of animals, fish or aquatic life; a public
water supply; or recreational, commercial industri-
al, agricultural or other reasonable uses, the execu-
tive director may, without prior notice, issue an or-
der reciting the existence of such an emergency and
requiring that such action be taken as the executive
director deems necessary to meet the emergency.
(3) Any person to whom an emergency order is
directed pursuant to subsection (2) shall comply
therewith immediately, but on petition to the board
shall be afforded a hearing as soon as possible.
Htiotr.-& 22. p I. L ch. 72299: 14. ch. 7-.9.
373.123 Penalty.-Any person, real or artificial.
that shall construct or enlarge, or cause to be con-
structed or enlarged, a canal or shall enlarge or
deepen a natural stream in such a manner as to
permit salt water to move inland of an established
saltwater barrier line, shall be guilty of a misde-
meanor of the second degree, punishable as provided
in s. 775.083. Each day such movement of salt water
shall continue, shall constitute a separate offense of
the provisions of this law.
Buaory.-. 3. ch 63-210- a. 324. c. c 71-38; 25. ch. 73T.90.
Note.-Forner s. 373.198.
373.126 Quasi-judicial hearings before the
governing board.-(Repealed by s. 14, ch. 78-95.]
373.129 Maintenance of actions.-The 'fde-
partment], the governing board of any water man-
agement district, or any local board is authorized to
commence and maintain proper and necessary ac-
tions and proceedings in any court of competent ju-
risdiction for any of the following purposes:
(1) To enforce rules, regulations and orders
adopted or issued pursuant to this law.
(2) To enjoin or abate violations of the provisions
of this law or rules, regulations and orders adopted
pursuant thereto.
(3) To protect and preserve the water resources
of the state.
(4) To defend all actions and proceedings involv-
ing its powers and duties pertaining to the water
resources of the state.
staty.-o 1s S7.3 80 s. 16. ch. 3633 36 s. 25. 35, S. 69-106; a 25. ch.
73 190.
'aNoe&-Bck d word afuhicutud by ch* edison for division. See Noce
I (olowu i. 373.016.
4of-onran.r. 373.221.
373.133 Judicial review.-[Repealed by s. 14, ch.
73-35.1
373.138 Enforcement of regulations and or-
ders.-
(1) The governing board may enforce its regula-
tions and orders adopted pursuant to this chapter, by
suit for injunction or other appropriate action in the
courts of the state.
(2) Any action by a citizen of the state to seek
judicial enforcement of any of the provisions of this
chapter shall be governed by the Florida Environ-


Ch. 373


WATER RESOURCES










Ch. 373 WATER RESOURCES Ch. 373


mental Protection Act, s. 403.412.
maory.-. 25. pan I. L. 72.299.
373.139 Acquisition of real property.-
(1) The Legislature declares it to be necessary for
the public health and welfare that water and water-
related resources be conserved and protected. The
acquisition of real property for this objective shall
constitute a public purpose for which public funds
may be expended.
(2) The governing board of the district is empow-
ered and authorized to acquire fee title to real prop-
erty and easements therein by purchase, gift. devise,
lease, eminent domain, or otherwise for flood con-
trol, water storage, water management, and preser-
vation of wetlands, streams and lakes, except that
eminent domain powers may be used only for acquir-
ing real property for flood control and water storage.
(3) Lands acquired for the purposes enumerated
in subsection (2) may also be used for recreational
purposes, and whenever practicable such lands shall
be open to the general public for recreational uses.
(4) For the purpose of introducing water into, or
drawing water from, the underlying aquifer for stor-
age or supply, the governing board is authorized to
hold, control, and acquire by donation, lease, or pur-
chase any land, public or private.
(5) This section shall not limit the exercise of
similar powers delegated by statute to any state or
local governmental agency or other person.
mHito.--. 2. pan L si. L-29* a L. c. 72413.
373.146 Publication of notices, process, and
papers.-Whenever in this chapter the publication
of any notice, process, or paper is required or provid-
ed for. unless otherwise provided by law, the publica-
tion thereof in some newspaper or newspapers as
defined in chapter 50 having general circulation
within the area to be affected shall be taken and
considered as being sufficient.
Umr7.-. 44. h. 25209. 1949: &. 27, pan h. 299: 25. 73190: s.
14. c.L 74.
Viace.--?oamr s. 378.44.
373.149 Existing districts preserved.-Thi in-
actment of this act shall not affect the existence of
the Central and Southern Florida Flood Control Dis-
trict created by chapter 25270, Laws of Florida, 1949,
or the Southwest Florida Water Management Dis-
trict, created by chapter 61-691 Laws of Florida, or
any contract or obligation of such districts entered
into prior to the effective date of this act. The two
districts shall continue to exercise the taxing powers
authorized to them in the territories within their
respective boundaries, except that nothing herein
shall limit the department in considering and recom-
mending to the 1973 session of the legislature
changes in the boundaries and transfers of funds,
appropriations, personnel, property, or equipment
between or among the existing districts and districts
created by this chapter. The two districts shall con-
tinue to exercise the powers presently authorized by
chapters 378 and 373, notwithstanding provisions
contained to the contrary in this chapter, until any
such powers shall be specifically revoked or modified
by the department pursuant to this chapter, except
that the provisions of s. 373.139 relating to acquisi-
tion of real property shall apply.
Hitory.-~ 26. pu L ch. 2.299.


373.171 Rules and regulations.-
(1) 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, governing boards, by ac-
tion not inconsistent with the other provisions of this
law and without impairing property rights, may:
(a) Establish rules, regulations, or orders affect-
ing the use of water, as conditions warrant, and for-
bidding the construction of new diversion facilities
or wells, the initiation of new water uses, or the
modification of any existing uses, diversion facilities,
or storage facilities within the affected area.
(b) Regulate the use of water within the affected
area by apportioning, limiting, or rotating uses of
water or by preventing those uses which the govern-
ing board finds have ceased to be reasonable or bene-
ficial.
(c) Make other rules, regulations, and orders nec-
essary for the preservation of the interests of the
public and of affected water users.
(2) In promulgating rules and regulations and isL
suing orders under this law, the governing board
shall act with a view to full protection of the existing
rights to water in this state insofar as is consistent
with the purpose of this law.
(3) No rule, regulation or order shall require any
modification of existing use or disposition of water in
the district unless it is shown that the use or disposi-
tion proposed to be modified is detrimental to other
water users or to the water resources of the state.
(4) All rules and regulations adopted by the gov-
erning board shall be filed with the Department of
State as provided in chapter 120. An information
copy will be filed with the Department of Environ-
mental Regulation.
HBtOr.-. 11, h. S7-M 0: it. 5.33* s 1 0. 2. 35. h. O94. s, h.
T6.241: L 7h. 11- : 14. d. 4. 5.
373.175 Declaration of water shortage; emer-
gency orders.-
(1) The governing board of the district may by
order declare that a water shortage exists within all
or part of the district when insufficient ground or
surface water is available to meet the needs of the
users or when conditions are such as to require tem-
porary reduction in total use within the area to pro-
tect water resources from serious harm.
(2) The governing board may impose such re-
strictions on one or more users of the water resource
as may be necessary to protect the water resources
of the area from serious harm.
(3) When a water shortage is declared, the gov-
erning board shall cause notice thereof to be pub-
lished 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.
(4) If an emergency condition exists due to a wa-
ter shortage within any area of the district and the
executive director of the district, with the concur-
rence of the governing board, finds that the exercise
of powers under this section is not sufficient to pro-
tect the public health, safety, or welfare, the health
of animals, fish, or aquatic life, a public water sup-


Ch. 373


WATER RESOURCES


Ch. 373









Cb. r373


S oply, or recreational commercial, industrial, agricul-
tural, or other reasonable uses, he may, pursuant to
the provisions of chapter 120, issue emergency or-
ders reciting the existence of such an emergency and
requiring that such action, including, but not limited
to, apportioning, rotating, limiting, or prohibiting
the use of the water resources of the district, be tak-
en as the executive director, with the concurrence of
the governing board, deems necessary to meet tihe
emergency.
(5) The Department of Natural Resources shall
review, and may rescind, modify, or approve, any
policy rule, regulation, or order of a water manage-
ment district authorized by this section.
sMt.mr.-. ch. 7L c 30; s. 25. sLh. 7Mso i. h 732 .14. cLh. 7.9S.
'os.-4 Sa.. Lh. cS 7522 (a. 37114). which Tos. eciuvm ushoncy to
iyw porica. jule. aa&ona. an ornd of wumr nanoegam dianuic
in the Gomor and Cabiacn aun s chhe Land and Wao Adjudiecmy
Caluniaon.o
Noef-Fomor s. 378. 2.
373.191 County water conservation projects.
-The several counties of the state may cooperate
with the division by engaging in county water devel-
opment and conservation projects and may use coun-
ty funds and equipment for this purpose and to do all
other things necessary in connection with the devel-
opment and conservation of the county's water re-
sources consistent with the provisions of this law and
the rules and regulations adopted pursuant thereto.
atory-s 13. ch. 57-380: 25. 35. ch. -.106.
373.196 Legislative findings.-
(1) It is the finding of the legislature that cooper-
/" ative efforts between municipalities, counties, water
management districts, and the Department of 'En-
vironmental Regulation] are mandatory in order to.
meet the water needs of rapidly urbanizing areas in
a manner which will supply adequate and dependa-
ble supplies of water where needed without resulting
in adverse effects upon the areas from whence such
water is withdrawn. Such efforts should utilize all
practical means of obtaining water, including, but
not limited to, withdrawals of surface water and
ground water, recycling of waste water, and desalini-
zation, and will necessitate not only cooperation but
also well-coordinated activities. The purpose of this
act is to provide additional statutory authority for
such cooperative and coordinated efforts.
(2) Municipalities and counties are encouraged
to create regional water supply authorities as au-
thorized herein. It is further the intent that munici-
palities, counties, and regional water supply authori-
ties are to have the primary responsibility for water
supply, and water management districts and their
basin boards are to engage only in those functions
that are incidental to the exercise of their flood con-
trol and water management powers.
(3) Nothing herein shall be construed to preclude
the various municipalities and counties from contin-
uing to operate existing water production and trans-
mission facilities or to enter into cooperative agree-
ments with other municipalities and counties for the
purpose of meeting their respective needs for de-
pendable and adequate supplies of water, provided
,- the obtaining of water through such operations shall
not be done in a manner which results in adverse


effects upon the areas from whence such water is
withdrawn.
mlsooy.-- i. ch. 74-114.
Not-.-arickcad words ubiuwed by the edicon for "Naoural Rf-
sourne" S. N.so I oilowmi &. 373.016.
373.1961 Water production.-In the perform-
ance of, and in conjunction with, its other powers
and duties, the governing board of a water manage-
ment district existing pursuant to chapter 373:
(1) May engage in planning to assist counties,
municipalities, and regional water supply authori-
ties in meeting the water supply needs of the rapidly
urbanizng areas within its district in such manner
as will give priority to reducing adverse environmen-
tal effects of improper or excessive withdrawals of
water from concentrated areas.
(2) Upon request of a county, municipality, or
regional water supply authority, shall assist such
counties and municipalities and water supply au-
thorities in meeting the water supply needs of the
rapidly urbanizing areas within its district in such
manner as will give priority to reducing adverse en-
vironmental effects of improper or excessive with-
drawals of water from concentrated areas.
(3) At the request of a county, municipality, or
regional water supply authority, may establish wa-
ter production and transmission facilities for the
purpose of supplying water to such counties, munici-
palities, 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 reason-
able and beneficial needs of the county or any of the
inhabitants 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
Governor and Cabinet sitting as the Land and Water
Adjudicatory Commission. The district may supply
water at rates and upon terms mutually agreed to by
the parties or, if they do not agree, as set by the
governing board and specifically approved by the
Governor and Cabinet sitting as the Land and Water
Adjudicatory 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
domain powers herein granted to acquire water and
water rights already devoted to reasonable and bene-
ficial use or any water production or transmission
facilities owned by any county, municipality, or re-
gional water supply authority.
mlutory.-s 2. ch. 74114; s. 14. ch. 76-243.
373.1962 Regional water supply authori-
ties.-
(1) By agreement between local governmental
units created or existing pursuant to the provisions
of Art. VIII of the State Constitution, pursuant to


WATER RESOURCES


Ch. 373


Ch. 373











Ch. 73 WTER SOUCESCh. 373


the Florida Interlocal Cooperation Act of 1969, s.
163.01, and upon the approval of the 'Governor and
Cabinet sitting as head of the Department of Natu-
ral Resources to insure that such agreement will be
in the public interest and complies with the intent
and purposes of this act, regional water supply au-
thorities may be created for the purpose of develop-
ing, storing, and supplying water for county or mu-
nicipal purposes in such a manner as will give priori-
ty to reducing adverse environmental effects of ex-
cessive or improper withdrawals of water from con-
centrated areas. In approving said agreement the
'Governor and Cabinet, sitting as head of the De-
partment of Natural Resources, shall consider, but
not be limited to, the following:
(a) Whether the geographic territory of the pro-
posed authority is of sufficient size and character to
reduce the environmental effects of improper or ex-
cessive withdrawals of water from concentrated
areas.
(b) The maximization of economic development
of the water resources within the territory of the
proposed authority.
(c) The availability of a dependable and adequate
water supply.
(d) The ability of any proposed authority to de-
sign, construct, operate, and maintain water supply
facilities in the locations, and at the times necessary,
to insure that an adequate water supply will be
available to all citizens within the authority.
(e) The effect or impact of any proposed authori-
ty on any municipality, county, or existing authority
or authorities.
(f) The existing needs of the water users within
the area of the authority.
(2) In addition to other powers and duties agreed
upon, and notwithstanding the provisions of s.
163.01, such authority may:
(a) Upon approval of the electors residing in each
county or municipality within the territory to be
included in any authority, levy ad valorem taxes, not
to exceed one-half mill, pursuant to s. 9(b), Art. VII
of the State Constitution. No tax authorized by this
paragraph shall be levied in any county or munici-
pality without an affirmative vote of the electors
residing in such county or municipality.
(b) Acquire water and water rights; develop,
store, and transport water, provide, sell and deliver
water for county or municipal uses and purposes;
provide for the furnishing of such water and water
service upon terms and conditions and at rates
which will apportion to parties and nonparties an
equitable share of the capital cost and operating ex-
pense of the authority's work to the purchaser.
(c) Not engage in local distribution.
id) Exercise the power of eminent domain in the
manner provided by law for the condemnation of
private property for public use to acquire title to
such interest in real property as is necessary to the
exercise of the powers herein granted. except water
and water rights already devoted to reasonable and
beneficial use or any water production or transmis-
sion facilities owned by any county or municipality.
(e) Issue revenue bonds in the manner prescribed
by the Revenue Bond Act of 1953, as amended, part
I, chapter 159, to be payable solely from funds de-


rived from the sale of water by the atitority to any
county or municipality. Such bonds may be addition-
ally secured by the full faith and credit of any county
or municipality, as provided by s. 159.16 or by a
pledge of excise taxes, as provided by s. 159.19. For
the purpose of issuing revenue bonds, an authority
shall be considered a "unit" as defined in s. 159.02(2)
and as that term is used in the Revenue Bond Act of
1953, as amended. Such bonds may be issued to fi-
nance the cost of acquiring properties and facilities
for the production and transmission of water by the
authority to any county or municipality, which cost
shall include the acquisition of real property and
easements therein for such purposes. Such bonds
may be in the form of refunding bonds to take up any
outstanding bonds of the authority or of any county
or municipality where such outstanding bonds are
secured by properties and facilities for production
and transmission of water, which properties and fa-
cilities are being acquired by the authority. Refund-
ing bonds may be issued to take up and refund all
outstanding bonds of said authority that are subject
to call and termination, and all bonds of said author-
ity that are not subject to call or redemption, when
the surrender of said bonds can be procured from the
holder thereof at prices satisfactory to the authority.
Such refunding bonds may be issued at any time
when, in the judgment of the authority, it will be to
the best interest of the authority financially or eco-
nomically by securing a lower rate of interest on said
bonds or by extending the time of maturity of said
bonds or, for any other reason, in the judgment of the
authority, advantageous to said authority.
(f) Sue and be sued in its own name.
(g) Borrow money and incur indebtedness and
issue bonds or other evidence of such indebtedness.
(h) Join with one or more other public corpora-
tions for the purpose of carrying out any of its pow-
ers and for that purpose to contract with such other
public corporation or corporations for the purpose of
financing such acquisitions, construction, and opera-
tions. Such contracts may provide for contributions
to be made by each party thereto, for the division
and apportionment of the expenses of such acquisi-
tions and operations, and for the division and appor-
tionment of the benefits, services, and products
therefrom. Such contract may contain such other
and further covenants and agreements as may be
necessary and convenient to accomplish the pur-
poses hereof.
(3) When it is found to be in the public interest,
for the public convenience and welfare, for a public
benefit, and necessary for carrying out the purpose
of any regional water supply authority, any state
agency, county, drainage or water management dis-
trict existing pursuant to chapter 298, water man-
agement district existing pursuant to chapter 373,
municipality, governmental agency, or public corpo-
ration in this state holding title to any interest in
land is hereby authorized, in its discretion, to convey
the title to or dedicate land, title to which is in such
entity, including tax reverted land, or to grant use-
rights therein, to any regional water supply authori-
ty created pursuant to this section. Land granted or
conveyed to such authority shall be for the public
purposes of such authority and may be made subject


Ch. 373


WATER RESOURCES


Ch. 373








Chi. 373 WTRRSUCSCi 7


to the condition that in the event said land is not so
used, or if used and subsequently its use for said
purpose is abandoned, the interest granted shall
cease as to such authority and shall automatically
revert to the granting entity.
(4) Each county or municipality which is a party
to an agreement pursuant to subsection (1) shall
have a preferential right to purchase water from the
regional water supply authority for use by such
county or municipality.
(5) In carrying out the provisions of this section,
any county wherein water is withdrawn by the au-
thority shall not be deprived, directly or indirectly,
of the prior right to the reasonable and beneficial use
of water which is required adequately to supply the
reasonable and beneficial needs of the county or any
of the inhabitants or property owners therein.
(6) Upon a resolution adopted by the governing
body of any county or municipality, the authority
may, subject to a majority vote of its voting mem-
bers, include such county or municipality in its re-
gional water supply authority upon such terms and
conditions as may be prescribed.
(7) The authority shall design, construct, oper-
ate, and maintain facilities in the locations and a:
the times necessary to insure that an adequate water
supply will be available to all citizens within the
authority.
tory.-.. 7. 7 74,114. s. L ch. 7.174.
'Noa&-5.aon L ch. 73 .2 ti tMdm pweon. daudi. ad unJcPsonsothr
Oaecamau oi Naural Ra.ur.- ~eianf to wacer manmmu a c h* 0D
paumnebt of EaviTmaLnnal dona.
373.1963 Assistance to West Coast Regional
Water Supply Authority.-
(1) In lieu of the provisions in paragraph
373.1962(2)(a), the Southwest Florida Water Man-
agement District shall assist the West Coast Region-
al Water Supply Authority for a period of 5 years,
terminating December 31, 1981, by levying an ad
valorem tax, upon request of the authority, of not
more than 0.05 mill on all taxable property within
the limits of the authority. During such period the
corresponding basin board ad valorem tax levies
shall be reduced accordingly.
(2) The authority shall prepare its annual budget
in the same manner as prescribed for the prepara-
tion of basin budgets, but such authority budget
shall not be subject to review by the respective basin
boards or by the governing board of the district.
(3) The annual millage for the authority shall be
the amount required to raise the amount called for
by the annual budget when applied to the total as-
sessment on all taxable property within the limits of
the authority, as determined for county taxing pur-
poses.
(4) The authority may, by resolution, request the
governing board of the district to levy ad valorem
taxes within the boundaries of the authority. Upon
receipt of such request, together with formal certifi-
cation of the adoption of its annual budget and of the
required tax levy, the authority tax levy shall be
made by the governing board of the district to fi-
nance authority functions.
(5) The taxes provided for in this section shall be
extended by the property appraiser on the county
tax roll in each county within, or partly within. the
authority boundaries and shall be collected by the


tax collector in the same manner and time as county
taxes, and the proceeds therefrom paid to the district
which shall forthwith pay them over to the authori-
ty. Until paid, such taxes shall be a lien on the prop-
erty against which assessed and enforceable in like
manner as county taxes. The property appraisers,
tax collectors, and clerks of the circuit court of the
respective counties shall be entitled to compensation
for services performed in connection with such taxes
at the same rates as apply to county taxes.
(6) The governing board of the district shall not
be responsible for any actions or lack of actions by
the authority.
BisOr.-c M. Ich. 15243: s. L. ch. 7--174.
373.1965 Kissimmee River Valley and Taylor
Creek-Nubbins Slough Basin; coordinating
council on restoration; project implementa-
tion.-
(1) There is created the Coordinating Council on
the Restoration of the Kissimmee River Valley and
Taylor Creek-Nubbins Slough Basin. The council
shall be composed of the Executive Director of the
Department of Natural Resources, the Executive Di-
rector of the Florida Game and Fresh Water Fish
Commission, the Executive Director of the Central
and Southern Florida Flood Control District, and the
Commissioner of the Department of Agriculture and
Consumer Services, or their designees, and the Sec-
retary of the Department of Environmental Regula-
tion, who shall serve as chairman.
(2) In recognition of the complete findings of the
Special Project to Prevent the Eutrophication of
Lake Okeechobee, the council shall develop meas-
ures which are to be taken by the Department of
Environmental Regulation, the Department of Nat-
ural Resources, the Game and Fresh Water Fish
Commission, and the Central and Southern Florida
Flood Control District to restore the water quality of
the Kissimmee River Valley and Taylor Creek-Nub-
bins Slough Basin. Such measures shall be designed
to minimize and ultimately remove the threats to
the agricultural industry, the wildlife, and the peo-;
ple of central and southern Florida, posed by land
uses and water-management practices which cause
the degradation of water quality in such area and
shall be designed to alleviate excessive nutrient
loading from the Taylor Creek-Nubbins Slough Ba-
sin. In developing such measures, the council shall
seek to:
(a) Conserve and improve ground and surface
water supplies throughout the region.
(b) Improve the quality of water for all beneficial
purposes throughout the region, and in Lake Okee-
chobee.
(c) Restore the natural seasonal water level fluc-
tuations in the lakes of the Kissimmee River and in
its natural flood plains and marshlands.
(d) Recreate conditions favorable to increases in
production of wetland vegetation, native aquatic life,
and wetland wildlife.
(e) Protect presently developed areas from un-
natural floods, to the extent that such protection is
now achievable.
(f) Utilize the natural and free energies of the
river system to the greatest extent possible. so as to
hold to a minimum all recurring annual needs of


WATER RESOURCES


Ch. 373


Ch. 373









C33W ERRSUCSCh. 3733


petroleum energy supplies.
(g) Provide for the effective enforcement of exist-
ing laws designed to prevent excessive nutrient load-
ing of area waters.
(3) The Department of Environmental Regula-
tion, the Department of Natural Resources, the
Game and Fresh Water Fish Commission, and the
Central and Southern Florida Flood Control District
shall each implement and enforce those measures
developed by the council which are within its juris-
diction. The Secretary of the Department of Envi-
ronmental Regulation shall be responsible for the
overall supervision of the enforcement of such meas-
ures.
(4) The Central and Southern Florida Flood Con-
trol District or its successor agency shall establish a
Special Trust Fund for the Restoration of the Kis-
simmee River Valley and Lake Okeechobee, which
shall be funded from State General Revenue, federal
matching funds, donations, and district funds, pro-
vided that district funds shall equal 20 percent of
State General Revenue funds.
(5) The Secretary of the Department of Environ-
mental Regulation shall present to the Legislature,
within 1 year of the effective date of this act, the
council's comprehensive report and complete plans
for implementation of the corrective actions re-
quired, including fund requirements, and the imple-
mentation of the program within 5 years after the
effective date of this act. During the 5-year imple-
mentation period, the Secretary of the Department
of Environmental Regulation shall present to the
Legislature an annual, comprehensive, interim
progress report.
(6) Upon completion of the entire program to the
satisfaction of the council and the Legislature, the
council shall cease to exist, and all funds and moneys
remaining in the Special Fund shall be immediately
paid over to the General Revenue Fund.
iastry.-- L 76413.
373.197 Kissimmee River Valley and Taylor
Creek-Nubbins Slough Basin restoration project;
measures authorized.-
(1) The Legislature hereby directs the Florida
Department of Environmental Regulation, in con-
junction with the South Florida Water Management
District, to seek appropriate authorization by the
Congress of the United States for a restudy of the
Kissimmee River Valley and the Taylor Creek-Nub-
bins Slough Basin.
(2) The Legislature recommends that the author-
ization provide that the Board of Engineers for Riv-
ers and Harbors, created under s. 3 ofthe Rivers and
Harbors Act, approved June 13, 1902, be directed to
review the report of the Chief of Engineers on Cen-
tral and Southern Florida, published as House Docu-
ment Numbered 643, Eightieth Congress, and other
pertinent reports, with a view to determining wheth-
er any modification of the recommendations con-
tained therein and of the system of works construct-
ed pursuant thereto is advisable with respect to
questions of the quality of water entering the Kis-
simmee River and Taylor Creek-Nubbins Slough and
Lake Okeechobee therefrom, flood control, recrea-
tion, navigation, loss of fish and wildlife resources,
other current and foreseeable environmental prob-


V


lems, and loss of environmental amenities in those
areas. Potential modification alternatives, if any,
shall include, but not be limited to, consideration of
restoration of all or parts of the Kissimmee River
below Lake Kissimmee and of the Taylor Creek-Nub-
bins Slough Basin.
(3) The Department and the Water Management
District shall also seek to assure that this restudy be
conducted by the Corps of Engineers in close cooper-
ation with the Coordinating Council on the Restora-
tion of the Kissimmee River Valley and the Taylor
Creek-Nubbins Slough Basin and that the study be
responsive to the problems and needs identified by
the Coordinating Council and consider development
of detailed physical and mathematical models to as-
sess and predict these identified problems.
HaTnry.--. L ch. 77t04.
PART II
PERMITTING OF CONSUMPTIVE
USES OF WATER


373.203

373.206
373.209
373.213
373.216
373.217
373.219
373.223
373.224
373.226
373.229
373.233
373.236
373.239
373.243
373.246
373.249


Definitions.
Artesian wells; flow regulated.
Artesian wells; penalties for violation.
Certain artesian wells exempt.
Implementation of program for regulat-
ing the consumptive use of water.
Superseded laws and regulations.
Permits required.
Conditions for a permit.
Existing permits.
Existing uses.
Application for permit.
Competing applications.
Duration of permits.
Modification and renewal of permit
terms.
Revocation of permits.
Declaration of water shortage or emer-
gency.
Existing regulatory districts preserved.


373.203 Definitions.-
(1) An "artesian well" is defined as an artificial
hole in the ground from which water supplies may
be obtained and which penetrates any water-bearing
rock, the water in which is raised to the surface by
natural flow, or which rises to an elevation above the
top of the water-bearing bed. "Artesian wells" are
defined further to include all holes, drilled as a
source of water, that penetrate any water-bearing
beds that are a part of the artesian water system of
Florida, as determined by representatives of the
Florida Geological Survey or '(Department of Envi-
ronmental Regulation].
(2) "Waste" is defined to be the causing, suffer-
ing or permitting any water flowing from, or being
pumped from, an artesian well to run into any river,
creek, or other natural watercourse or channel, or
into any bay or pond i unless used thereafter for the
beneficial purposes of irrigation of land, mining or
other industrial purposes of domestic usei, or into
any street, road or highway, or upon the land of any
person, or upon the public lands of the United States
or of the stare, unless it be used thereon for the


WATER RESOURCES


Ch. 373


Ch. 373









Cli.373 ATERRESRCESCIL 373


beneficial purposes of the irrigation thereof, indus-
trial purposes, domestic use, or the propagation of
fish. The use of any water flowing from an artesian
well for the irrigation of land shall be restricted to
a minimum by the use of proper structural devices
in the irrigation system.
History.-s. 3. 4. ch. 2823. 19S3; s. 1. ch. 539248: s. 25. ch. 0.10 8 : s.
2&. ch. _3-190.
'Noec-Brackeed words sub asad by ch.e ditors or "Oivisa of In~crior
Raources." See Nou 1 fllowina s. 373.016.
Nom.--ormnn 370.051, 371021.
373.206 Artesian wells; flow regulated.--Ev-
ery person, stock company, association or corpora-
tion, county or municipality owning or controlling
the real estate upon which is located a flowing arte-
sian well in this state shall, within 90 days after
June 15. 1953, provide each such well with a valve
capable of controlling the discharge from the well,
and shall keep the valve so adjusted that only a sup-
ply of water shall be available as is necessary for
ordinary use by the owner, tenant, occupant or per-
son in control of the land for personal use and on
conducting his business. However, if the water in a
well is so highly mineralized or otherwise of such
poor quality that it is no longer a usable water sup-
ply, as determined by the '(Department of Environ-
mental Regulation], then it shall be plugged in ac-
cordance with the '(department's] specifications for
well plugging.
History.-.. 1. ch. 2823. 1953; a c. -L ch.- s us. 25. 35 9. 08: S 25,
ch. 73.190.
'No..-Brackted word subdscitud for "Division of Interior Resources"
and Nquivailen. S Note 1 foiIowing s. 373.016.
Not.-Former as. 300.052. 33.031.
373.209 Artesian wells; penalties for viola-
tion.-
(1) No owner, tenant, occupant, or person in con-
trol of an artesian well shall knowingly and inten-
tionally:
(a) Allow the well to flow continuously without a
valve or mechanical device for checking or control-
ling the clow.
(b) Permit the water to flow unnecessarily.
(c) Pump a well unnecessarily.
(d) Permit the water from the well to go to waste.
(2) A well is exempt from the provisions of this
section unless the '[Department of Environmental
Regulation] can show that the uncontrolled flow of
water from the well does not have a reasonable and
beneficial use, as defined in s. 373.019(5).
(3) Any person who violates any provision of this
section shall be subject to either:
(a) The remedial measures provided for in s.
373.436; or
(b) A civil penalty of $100 a day for each and
every day of such violation and for each and every
act of violation. The civil penalty may be recovered
by the water management board of the water man-
agement district in which the well is located or by
the 'Ldepartment] in a suit in a court of competent
jurisdiction in the county where the defendant re-
sides, in the county of residence of any defendant if
there is more than one defendant, or 'in the county
where the violation took place. The place of suit shall
be selected by the board or department, and the suit,
by direction of the board or department. shall be
instituted and conducted in the name of the board or
26


department by appropriate counsel. The payment of
any such damages does not impair or abridge any
cause of action which any person may have against
the person violating any provision of this section.
(4) The penalties provided by this section shall
apply notwithstanding any provisions of law to the
contrary.
Eitory.- 2. ch. 2. 2253. 1953; a 323, ch. 71-136 25. ch. 73.190: a 1. ch.
74-279.
' Noue.-8ac.ard word subscdtud by the editors for "Dpumentc of Nacu.
ra Rmourems. See Noce 1 following s. 373.016.
'oaf.--Words In a coAr o coampec e jurisdic~o" deeted by he editors
u duplcuiv. of sredin- c.
No&.-rForr ,70.053. 373.041.

373.213 Certain artesian wells exempt.-
Nothing in ss. 370.051-370.055 shall be construed to
apply to an artesian well feeding a lake already in
existence prior to June 15, 1953, which lake is used
or intended to be used for public bathing and/or the
propagation of fish, where the continuous flow of
water is necessary to maintain its purity for bathing
and the water level of said lake for fish.
Hry.- ch. 28253. 1953: 5.ch. 73190.
=o=.-Form us. 370.055. 373.061.
373.216 Implementation of program for regu-
lating the consumptive use of water.-The de-
partment may authorize the governing board of a
water management district to implement a program
for the issuance of permits authorizing the consump-
tive use of particular quantities of water. 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
circulation 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.
iasor.- i. p1. : ch. 72-29, l 3 i. c 73. 0 s. 14. !i 78.95.
373.217 Superseded laws and regulations.-
(1) It is the intent of the Legislature to provide a
means whereby reasonable programs for the issu-
ance of permits authorizing the consumptive use of
particular quantities of water may be authorized by
the Department of Environmental Regulation, sub-
ject to judicial review and also subject to review by
the Governor and Cabinet, sitting as the Land and
Water Adjudicatory Commission as provided in s.
373.114.
(2) It is the further intent of the Legislature that
Part II of the Florida Water Resources Act of 1972,
as amended, as set forth in ss. 373.203-373.249, shall
provide the exclusive authority for requiring per-
mits for the consumptive use of water and for au-
thorizing transportation thereof pursuant to s.
373.223(2).
(3) If any provision of Part II of the Florida Wa-
ter Resources Act of 1972, as amended, as set forth
in ss. 373.203-373.249, is in conflict with any other
provision, limitation, or restriction which is now in
effect under any law or ordinance of this state or any
political subdivision or municipality, or any rule or
regulation promulgated thereunder, Part II shall
govern and control, and such other law or ordinance
or rule or regulation promulgated thereunder shall
be deemed superseded for the purpose of regulating
the consumptive use of water. However, this section
shall not be construed to supersede the provisions of


Ch. 373


WATER RESOURCES


Ch. 373











M. 373 WATER RESOURCES


the Florida Electrical Power Plant Siting Act.
(4) Other than as provided in subsection (3) of
this section, Part II of the Florida Water Resources
Act of 1972, as amended, preempts the regulation of
the consumptive use of water as defined in this act.
HiMor.--. 9, ch. 7243; s. L ch. 77.174.
373.219 Permits required.-
(1) The governing board or the department may
require such permits for consumptive use of water
and may impose such reasonable conditions as are
necessary to assure that such use is consistent with
the overall objectives of the district or department
and is not harmful to the water resources of the area.
However, no permit shall be required for domestic
consumption of water by individual users.
(2) In the event that any person shall file a com-
plaint with the governing board or the department
that any other person is making a diversion, with-
drawal, impoundment, or consumptive use of water
not expressly exempted under the provisions of this
chapter and without a permit to do so, the governing
board or the department shall cause an investigation
to be made, and if the facts stated in the complaint
are verified the governing board or the department
shall order the discontinuance of the use.
HItory.--. 2. parnc cih. T7.299 9. ch. 73.190.
373.223 Conditions for a permit.-
(1) To obtain a permit pursuant to the provisions
of this chapter, the applicant must establish that the
proposed use of water:
(a) Is a reasonable beneficial use as defined in s.
373.019(5); and
(b) Will not interfere with any presently existing
legal use of water, and
(c) Is consistent with the public interest.
(2) The governing board or the department may
authorize the holder of a use permit to transport and
use ground or surface water beyond overlying land,
across county boundaries, or outside the watershed
from which it is taken if the governing board or
department determines that such transport and use
is consistent with the public interest, and no local
government shall adopt or enforce any law, ordi-
nance, rule, regulation, or order to the contrary.
(3) The governing board or the department, by
regulation, may reserve from use by permit appli-
cants, water in such locations and quantities, and for
such seasons of the year, as in its judgment may be
required for the protection of fish and wildlife or the
public health and safety. Such reservations shall be
subject to periodic review and revision in the light of
changed conditions. However, all presently existing
legal uses of water shall be protected so long as such
use is not contrary to the public interest.
History.-. 3. parM c-. 2-299: s. 10 73190 c0. c. 76.243.
373.224 Existing permits.-Any permits or per-
mit agreements for consumptive use of water execut-
ed or issued by an existing flood control, water man-
agement, or water regulatory district pursuant to
chapter 373 or chapter 378 prior to December 31,
1976, shall remain in full force and effect in accord-
ance with its terms until otherwise modified or re-
voked as authorized herein.
itotory.-. I.. ch. 3.190: 3. 3ch 12S.


373.226 Existing uses.-
(1) All existing uses of water, unless otherwise
exempted from regulation by the provisions of this
chapter, may be continued after adoption of this per-
mit system only with a permit issued as provided
herein.
(2) The governing board or the department shall
issue an initial permit for the continuation of all
uses in existence before the effective date of imple-
mentation of this part if the existing use is a reasona-
ble beneficial use as defined in s. 373.019(5) and is
allowable under the common law of this state.
(3) Application for permit under the provisions
of subsection (2) must be made within a period of 2
years from the effective date of implementation of
these regulations in an area. Failure to apply within
this period shall create a conclusive presumption of
abandonment of the use, and the user, if he desires
to revive the use, must apply for a permit under the
provisions of s. 373.229.
H s.. r-4. p, Pn L ch. 72.29-2. 12. :h. 1-90.
373.229 Application for permit.-
(1) All permit applications filed with the govern-
ing board or the department under this part and
notice thereof required under s. 373.116 shall con-
tain:
(a) The name of the applicant and his address
or, in the case of a corporation, the address of its
principal business office;
(b) The date of filing;
(c) The date set for a hearing, if any;
(d) The source of the water supply;
(e) The quantity of water applied for;
(f) The use to be made of the water and any
limitation thereon;
(g) The place of use;
(h) The location of the well or point of diver-
sion; and
(i) Such other information as the governing
board or the department may deem necessary.
(2) The notice shall state that written objections
to the proposed permit may be filed with the govern-
ing board or the department by a specified date. The
governing board or the department, at its discretion,
may request further information from either appli-
cant or objectors, and a reasonable time shall be
allowed for such responses.
(3) If the proposed application is for less than
100,000 gallons per day, the governing board or the
department may consider the application and any
objections thereto without a hearing. If the proposed
application is for 100,000 gallons per day or more
and no objection is received, the governing board or
the department, after proper investigation by its
staff, may, at its discretion. approve the application
without a hearing.
SHlsory.-- 5. parrt E. 72-299: s. 13. ch. 73.190: s. I.i. ch. T-243; I. h.
-.174.
373.233 Competing applications.-
(1) If two or more applications which otherwise
comply with the provisions of this part are pending
for a quantity of water that is inadequate for both or
all, or which for any other reason are in conflict, the
governing board or the department shall have the
right to approve or modify the application which


WATER RESOURCES


Ch. 373


Ch 3.73










CI 373


best serves the public interest.
(2) In the event that two or more competing ap-
plications qualify equally under the provisions of
subsection (1), the governing board or the depart-
ment shall give preference to a renewal application
over an initial application.
Hitory.-. 6. pau I bch. 2-299.
373.236 Duration of permits.-
(1) Permits may be granted for any period of time
not exceeding 20 years. The governing board or the
department may base duration of permits on a rea-
sonable system of classification according to source
of supply or type of use, or both.
(2) The governing board or the department may
authorize a permit of duration of up to 50 years in
the case of a municipality or other governmental
body or of a public works or public service corpora-
tion where such a period is required to provide for
the retirement of bonds for the construction of wa-
terworks and waste disposal facilities.
almToy-. 7. part I. ch. 72-299.
373.239 Modification and renewal of permit
terms.-
(1) A permitted may seek modification of any
terms of an unexpired permit.
(2) If the proposed modification involves water
use of 100,000 gallons or more per day, the applica-
tion shall be treated under the provisions of s.
373.229 in the same manner as the initial permit
application. Otherwise, the governing board or the
department may at its discretion approve the pro-
posed modification without a hearing, provided the
permitted establishes that:
(a) A change in conditions has resulted in the
water allowed under the permit becoming inade-
quate for the permitted's need, or
(b) The proposed modification would result in a
more efficient utilization of water than is possible
under the existing permit.
(3) All permit renewal applications shall be
treated under this part in the same manner as the
initial permit application.
History.-& 4. Par tL. c. 72-299; s. 14 eh. -3.190.
373243 Revocation of permits.-The govern-
ing board or the department may revoke a permit as
follows:
(1) For any material false statement in an appli-
cation to continue, initiate, or modify a use, or for
any material false statement in any report or state-
ment of fact required of the user pursuant to the
provisions of this chapter, the governing board or the
department may revoke the user's permit, in whole
or in part, permanently.
(2) For willful violation of the conditions of the
permit, the governing board or the department may
permanently or temporarily revoke the permit, in
whole or in part.
(3) For violation of any provision of this chapter,
the governing board or the department may revoke
the permit, in whole or in part, for a period not to
exceed 1 year.
(4) For nonuse of the water supply allowed by the
permit for a period of 2 years or more, the governing
board or the department may revoke the permit per-


manently and in whole winless the user can prove
that his nonuse was due to extreme hardship caused
by factors beyond his control.
(5) The governing board or the department may
revoke a permit, permanently and in whole, with the
written consent of the permitted.
HiaorU.-4. 9. parn IL. 72-299: s. C1. ch 7&S..
373.246 Declaration of water shortage or
emergency.-
(1) The governing board or the department by
regulation shall formulate a olan for imolementa-
tion during periods of water shortage. 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
order may declare that a water shortage exists with-
in all or part of the district when insufficient water
is available to meet the requirements of the permit
system or when conditions are such as to require
temporary reduction in total use within the area to
protect water resources from serious harm. Such or-
ders 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
measures adopted pursuant thereto may be rescind-
ed 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
shortage.
(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
concurrence of the governing board, finds that the
exercise of powers under subsection (1) are not suffi-
cient to protect the public health, safety, or welfare,
the health of animals, fish or aquatic life, a public
water supply, or recreational, commercial, industri-
al, agricultural, or other reasonable uses, it or he
may, pursuant to the provisions of s. 373.119, issue
orders reciting the existence of such an emergency
and requiring that such action, including but not
limited to apportioning, rotating, limiting, or prohib-
iting the use of the water resources of the district, be
taken as the department or the executive director
deems necessary to meet the emergency.


WATER RESOURCES


Ch. 373


Ch 373











Ch373 WTER RCh.373w


(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.
He ory.-*. 10. part. EL -2.299;, 14. ch. .3-94.
373.249 Existing regulatory districts pre-
served.-The enactment of this chapter shall not
affect any existing water regulatory districts pursu-
ant to chapter 373, or orders issued by said regulato-
ry districts, unless specifically revoked, modified, or
amended by such regulatory district or by the de-
partment.
aBLto.-- pa. M h. 72-299.

PART m
REGULATION OF WELLS
373.303 Definitions.
373.306 Scope.
373.309 Authority to adopt rules, regulations, and
procedures.
373.313 Prior permission and notification.
373.316 Existig installations.
373.319 Inspections.
373.323 Licenses.
373.326 Exemptions.
373.329 Fees.
373.333 Enforcement.
373.336 Penalties.
373.339 Existing regulations preserved.
373.303 Definitions.-As used in this part:
(1) "Abandoned water well" means a well the use
of which has been permanently discontinued. Any
well shall be deemed abandoned which is in such a
state of disrepair, as determined by a representative
of the department, that continued use for the pur-
pose of obtaining groundwater or disposing of water
or liquid wastes is impracticable.
(2) "Construction of water wells" means all parts
necessary to obtain groundwater by wells, including
the location and excavation of the well, but exclud-
ing the installation of pumps and.pumping equip-
ment.
(3) "Department" means the Department of
L[Environmental Regulation].
(4) "Political subdivision" means a city, town,
county, district, or other public body created by or
pursuant to state law, or any combination thereof
acting cooperatively or jointly.
(5) "Repair" means any action which involves
the physical alteration or replacement of any part of
a well, but does not include the alteration or replace-
ment of any portion of a well which is above ground
surface.
(6) "Well" means any excavation that is drilled,
cored, bored, washed, driven, dug, jetted, or other-
wise constructed when the intended use of such exca-
vation is for the location, acquisition, development,
or artificial recharge of groundwater, but such term
does not include sand-point wells as herein defined,
or any well for the purpose of obtaining or prospect-
ing for oil, natural gas, minerals, or products of min-
ing or quarrying, for inserting media to dispose of oil
brines or to repressure oil-or natural gas-bearing for-
mation, or for storing petroleum, natural gas, or oth-
er products. oc


'7) "Water well contractor" means any person,
firm, or corporation engaged in the business of con-
structing water wells.
(8) "Well seal" means an approved arrangement
or device to prevent contaminants from entering the
well at the upper terminal.
(9) "Sand-point well" means any device which is
driven into place and which consists of a pipe with
an attached perforated metal tube or screen de-
signed to permit the passage of water.
aNstory.-- L pan IIz. c. 2-299.
'Naete-B4rckcud words subsituted by the editor for "Natral Ra
sorse" See No 1 following s. 373.016.
373306 Scope.-No person shall construct, re-
pair, abandon, or cause to be constructed, repaired,
or abandoned, any water well contrary to the provi-
sions of this part and applicable rules and regula-
tions. This part shall not apply to equipment used
temporarily for dewatering purposes or to the proc-
ess used in dewatering.
ierory.-- 2. pan IIL ch. T.299:. 73.90.
373.309 Authority to adopt rules, regula-
tions, and procedures.-The department shall
adopt, and may from time to time amend, rules and
regulations governing the location, construction, re-
pair, and abandonment of water wells and shall be
responsible for the administration of this part. With
respect thereto it shall:
(1) Enforce the provisions of this part and any
rules and regulations adopted pursuant thereto.
(2) Delegate, at its discretion, to any political
subdivision any of its authority under this part in
the administration of the rules and regulations
adopted hereunder.
(3) Establish procedures and forms for the sub-
mission, review, approval, and rejection of applica-
tions, notifications, and reports required under this
part.
(4) Require ac its discretion the making and fil-
ing of logs, and the saving of cuttings and cores,
which shall be delivered to the LfDepartment of En-
vironmental Regulation].
(5) Issue such additional regulations and take
such other actions as may be necessary to carry out
the provisions of this part.
Hslory.-. 3. prt eM. 72n-99.
'Noe..-arackeud word subwcued by te editors for "Div-rion of Latrior
Reoure:m of the d*pa.r="L Se. Noe L foUloin s. 37 J3.O1
373.313 Prior permission and notification.-
(1) Taking into consideration other applicable
state laws, in any geographical area where the de-
partment determines such permission to be reasona-
bly necessary to protect the groundwater resources,
prior permission shall be obtained from the depart-
ment for each of the following:
(a) The construction of any water well;
(b) The repair of any water well; or
(c) The abandonment of any water well.
However, in any area where undue hardship might
arise by reason of such requirement, prior permis-
sion will not be required.
(2) The department shall be notified of any of the
following whenever prior permission is not required:


f'L fl


Ch. 373


~VATER RESOT~RC~IT~











C 7 WATER RESOURCES


(a) The construction of any water well;
(b) The repair of any water well; or
(c) The abandonment of any water well.
asto.y-. 4. pan m. ch. 72.29.
373.316 Existing installations.-No well in ex-
istence on the effective date of this part shall be
required to conform to the provisions of s. 373.313 or
any rules or regulations adopted pursuant thereto.
However, any well now or hereafter abandoned or
repaired as defined in this part shall be brought into
compliance with the requirements of this part and
any applicable rules or regulations with respect to
abandonment of wells, and any well which is deter-
mined by the department to be a hazard to the
groundwater resources must comply with the provi-
sions of this part and applicable rules and regula-
tions within a reasonable time after notification of
such determination has been given.
HloTry.-&. pan m c. 7.299.
373.319 Inspections.-
(1) The department is authorized to inspect any
water well or abandoned water well Duly author-
ized representatives of the department may at rea-
sonable times enter upon and shall be given access
to any premises for the purpose of such inspection.
(2) If upon the basis of such inspections the de-
partment finds applicable laws, rules, or regulations
have not been complied with, it shall disapprove the
well If disapproved, no well shall thereafter be used
until brought into compliance with the rules and
regulations promulgated under this law.
HIro.-L S. pan IL h. c2M 99S: ki. tLse
373.323 Licenses.-
(1) Every person who wishes to engage in busi-
ness as a water well contractor shall obtain from the
department a license to conduct such business.
(2) The department may adopt and from time to
time amend rules and regulations governing appli-
cations foz. water well contractor licenses. The de-
partment shall license as a water well contractor
any person properly making application therefore
who is an adult for all legal purposes, has knowledge
of rules and regulations adopted under this part, and
has had not less than 2 years' experience in the work.
for which he is applying for a license. The depart-
ment shall prepare an examination which each such
applicant must pass in order to qualify for such li-
cense.
(3) This section shall not apply to any person who
performs labor or services at the direction and under
the supervision of a licensed water well contractor.
(4) A political subdivision engaged in well-drill-
ing shall be licensed under this part but shall be
exempt from paying the license fees for the drilling
done by regular employees of, and with equipment
owned by, it.
(5) Licenses issued pursuant to this section are
not transferable and shall expire on July 1 of each
year. A license may be renewed without examina-
tion for an ensuing year by making application not
later than 30 days after the expiration date and pay-
ing the applicable fee. Such application shall have
30


the effect of extending the validity of the current
license until a new license is received or the appli-
cant is notified by the department that it has refused
to renew his license. After July 31 of each year, a
license will be renewed only upon application and
payment of the applicable fee plus a penalty of $50.
(6) Whenever the department determines that
the holder of any license issued pursuant to this sec-
tion has violated any provision of this part or any
rule or regulation adopted pursuant thereto, the de-
partment is authorized to suspend or revoke any
such license. Any order issued pursuant to this sub-
section shall become effective 30 days after service
thereof unless a written petition requesting hearing
under the procedure provided in chapter 120 is filed
sooner.
(7) No application for a license issued pursuant
to this section may be made within 1 year after revo-
cation thereof.
ltor-. 7, paurt Ei. 7h2-2 114 14. d 77-104 a. 14. ch. 7
373.326 Exemptions.-
(1) When the department finds that compliance

with all requirements of this part would result in
undue hardship, an exemption from any one or more
such requirements may be granted by the depart-
ment to the extent necessary to ameliorate such un-
due hardship and to the extent such exemption can
be granted without impairing the intent and purpose
of this part.
(2) Nothing in this part shall prevent a person
who has not obtained a license pursuant to s. 373.323
from constructing a well that is 2 inches or under in
diameter, on his own or leased property, intended for
use only in a single family house which is his resi-
dence, or intended for use only for farming purposes
on his farm, and when the waters to be produced are
not intended for use by the public or any residence
other than his own. Such persons shall comply with
all rules and regulations as to construction of wells
adopted under this part.
BlIory.-...r P pan t 7h. 299.
373.329 Fees.-The following fees are required:
(1) A fee ofS100 shall accompany each new appli-
cation for a license required under s. 373.323.
(2) A fee of $25 shall accompany each application
for a renewal of license under s. 373.323.
Hlray.-s. 9. p r aL ch72.299t.: s $1h90.
373.333 Enforcement--
(1) Whenever the department has reasonable
grounds for believing that there has been a violation
of this part or any rule or regulation adopted pursu-
ant thereto, it shall give written notice to the person
alleged to be in violation. Such notice shall identify
the provision of this part or regulation issued here-
under alleged to be violated and the facts alleged to
constitute such violation.
(2) Such notice shall be served in the manner.
required by law for the service of process upon per-
sons in a civil action and shall be accompanied by an
order of the department requiring described remedi-
al action which, if taken within the time specified in
such order, will effect compliance with the require-
ments of this part and regulations issued hereunder.
Such order shall become final unless a request for


WATER RESOURCES


Ch. 373


Ch .73











S3E RSCI. 373


hearing as provided in chapter 120 is made within 30
days from the date of service of such order.
Hmory.-* 10, pan Im ch. 2.299.
373.338 Penalties.-Any person who violates
any provision of this part or regulation or order is-
sued hereunder shall, upon conviction, be guilty of a
misdemeanor of the second degree, punishable as
provided in ss. 773.082 and 775.083. Continuing vio-
lation after notice thereof shall constitute a separate
violation for each day so continued.
History.-.- IL pae cU 2- 9 s. ch. 3190.
373.339 Existing regulations preserved.-The
enactment of this chapter shall not apply in any area
where water wells are regulated by a water regulato-
ry district pursuant to the authority of chapter 373
unless and until the department shall modify or re-
voke such regulations and provide that such area
will thereafter be governed by the provisions of this
part.
HRtory.-. 12. ert m. tl. c .299.
PART IV
MANAGEMENT AND STORAGE
OF SURFACE WATERS


373.403
373.406
373.409
373.413
373.416
373.419
373.423
373.426
373.429
373.433
373.436
373.439
373.443


Definitions.
Exemptions.
Headgates, valves and measuring devic-
es.
Permits for construction or alteration.
Permits for maintenance or operation.
Completion report.
Inspection.
Abandonment.
Revocation and modification of permits.
Abatement.
Remedial measures.
Emergency measures.
Immunity from liability.


373.403 Definitions.-When appearing in this
chapter or in any rule, regulation, or order adopted
pursuant thereto, the following terms shall mean:
(1) "Dam" means any artificial or natural barri-
er, with appurtenant works, raised to obstruct or
impound, or which does obstruct or impound, any of
the surface waters of the state.
(2) "Appurtenant works" means any artificial
improvements to a dam which might affect the safe-
ty of such dam or, when employed, might affect the
holding capacity of such dam or of the reservoir or
impoundment created by such dam.
(3) "Imooundment" 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
holding area which contains or will contain the wa-
ter impounded by a dam.
(5) "Works" means all artificial structures not
included in subsections (1) and (2), including, but not
limited to, ditches, canals, conduits, channels, cul-
verts, pipes, and other construction that connects to,
draws water from, drains water into, or is placed in


or across, the waters in the state, but not including
wells as defined in part III
(6) "Closed system" means any reservoir or
works located entirely within lands owned or con-
trolled by the user and which requires water only for
the filling, replenishing, and maintaining the water
level thereof.
(7) "Alter" means to extend a dam or works be-
yond maintenance in its original condition, includ-
ing 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, appurtenant work or
works, but excluding routine custodial maintenance.
mHorl.-. 1. prt IV. -2-29, sa. ch. 73.190.
373.406 Exemptions.-The following exemp-
tions shall apply:
(1) Nothing herein, or in any rule, regulation, or
order adopted pursuant thereto, shall be construed
to affect the fight of any natural person to capture,
discharge, and use water for purposes permitted by
law.
(2) Nothing herein, or in any rule, regulation, or
order adopted pursuant thereto, shall be construed
to affect the right of any person engaged in the occu-
pation of agriculture, floriculture, or horticulture to
alter the topography of any tract of land for purposes
consistent with the practice of such occupation.
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 thereto, shall be construed
to be applicable to construction, operation, or main-
tenance of any closed system. However, part II of
this chapter shall be applicable as to the taking and
discharging of water for filling, replenishing, and
maintaining the water level in any such closed sys-
tem.
(4) All rights and restrictions set forth in this
section shall be enforced by the governing board or
the Department of t'Environmental Regulation] or
its successor agency, and nothing contained herein
shall be construed to establish a basis for a cause of
action for private litigants.
Bttom7.-- 2. pat JV, ehb. 2-299.
'oI.-Braciked words abmuatecd by he editors for "amral Re.
saur.'" sne Nt 1 rolowirs r3016.
373.409 Headgates, valves and measuring de-
vices.-
(1) The department or the governing board may,
by regulation, require the owner of any dam, im-
poundment, reservoir, appurtenant work, or works
subject to the provisions of this part to install and
maintain a substantial and serviceable headgate or
valve at the point designated by the department or
the governing board to measure the water dis-
charged or diverted.
(2) If any owner shall not have constructed or
installed such headgate or valve or such measuring
device within 60 days after the governing board or
department has ordered its construction, the govern-
ing board or department shall have such headgate,


Ch. 373


WATER RESOURCES


Ch. 373









C~373 WATER RESOURCES Cli. 373


valve, or measuring device constructed or installed,
and the costs of installing the headgate, valve, or
measuring device shall be a lien against the owner's
land upon which such installation takes place until
the governing board or department is reimbursed in
full.
(3) No person shall alter or tamper with a meas-
uring device so as to cause it to register other than
the actual amount of water diverted, discharged, or
taken. Violation of this subsection shall be a misde-
meanor in the second degree, punishable under s.
775.082(5)(b).
Hlstoy.-.= 3. part I, h. 72-299.
373.413 Permits for construction or altera-
tion.-
(1) Except for the exemptions set forth herein,
the governing board or the department may require
such permits and impose such reasonable conditions
as are necessary to assure that the construction or
alteration of any dam, impoundment, reservoir, ap-
purtenant work, or works will not be harmful to the
water resources of the district. The department or
the governing board may delineate areas within the
district wherein permits may be required.
(2) A person proposing to construct or alter a
dam, impoundment, reservoir, appurtenant work, or
works subject to such permit shall apply to the gov-
erning board or department for a permit authorizing
such construction or alteration. The application
shall contain the following:
(a) Name and address of the applicant.
(b) Name and address of the owner or owners of
the land upon which the works are to be constructed
and a legal description of such land.
(c) Location of the work.
(d) Sketches of construction pending tentative
approval.
(e) Name and address of the person who pre-
pared the plans and specifications of construction.
(f) Name and address of the person who will con-
struct the proposed work.
(g) General purpose of the proposed work.
(h) Such other information as the governing
board or department may require.
(3) After receipt of an application for a permit,
the governing board or department shall cause a
notice thereof to be published in a newspaper having
general circulation within the affected area. In addi-
tion, the governing board or department shall send
a copy of such notice to any person who has filed a
written request for notification of any pending appli-
cations affecting the particular designated area.
This notice shall be sent by regular mail prior to the
date of publication. The notice shall contain:
(a) The name and address of the applicant or, in
the case of a corporation, the address of its principal
business office;
(b) The date of filing;
(c) The date set for a hearing, if any;
(d) The source of the water to be contained;
(e) The quantity of water to be contained;
(f) The use to be made of the water and any limi-
tation thereon; and
(g) Such other information as the governing
board or the department may deem necessary.
(4) The notice provided for in subsection (3) shall
state that written objections to the proposed permit


may be filed with the governing board or department
by a specified date. The governing board or depart-
ment, at its discretion, may request further informa-
tion from either applicant or objectors, and a reason-
able time shall be allowed for such responses.
(5) If no substantial objection to the application
is received, the governing board or the department,
after proper investigation by its staff, may at its
discretion approve the application without a hear-
ing. Otherwise, it shall set a time for a hearing in
accordance with the provisions of chapter 120.
mHlMay- 4. pug IV. 72.29 s. 19, ch. .-3.190: 14. h.d 7.9.

373.416 Permits for maintenance or opera-
tion.-
(1) Except for the exemptions set forth in this
part, the governing board or department may re-
quire such permits and impose such reasonable con-
ditions as are necessary to assure that the operation
or maintenance of any dam, impoundment, reser-
voir, appurtenant work, or works will not be incon-
sistent with the overall objectives of the district and
will not be harmful to the water resources of the
district.
(2) Except as otherwise provided in ss. 373.426
and 373.429, a permit issued by the governing board
or department for the maintenance or operation of
a dam, impoundment, reservoir, appurtenant work,
or works shall be permanent, and the sale or convey-
ance of such dam, impoundment, reservoir, appurte-
nant work, or works, or the land on which the same
is located, shall in no way affect the validity of the
permit, provided the owner in whose name the per-
mit was granted notifies the governing board or de-
partment of such change of ownership within 30
days of such transfer.
Iory.-- S. pan IV. c 2.299: s. 20. ch. 7t90.
373.419 Completion report.-Within 30 days
after the completion of construction or alteration of
any dam, impoundment, reservoir, appurtenant
work, or works, the permitted shall file a written
statement of completion with the governing board or
department. The governing board or department
shall designate the form of such statement and such
information as it shall require.
Hstory.-. 6. part IV. c. 72299.
373.423 Inspection.-
(1). During the construction or alteration of any
dam, impoundment, reservoir, appurtenant work, or
works, the governing board or department shall
make at its expense such periodic inspections as it
deems necessary to insure conformity with the ap-
proved plans and specifications included in the per-
mit.
(2) If during construction or alteration the gov-
erning.board or department finds that the work is
not being done in accordance with the approved
plans and specifications as indicated in the permit.
it shall give the permitted written notice staring
with which particulars of the approved plans and
specifications the construction is not in compliance
and shall order immediate compliance with such
plans and specifications. Failure to act in accordance
with the orders of the governing board or depart-
ment after receipt of written notice shall result in


Ch. 373


WATER RESOURCES


Ch. 373








Cli.~~~~~~I =7 AE EORE ~7


the initiation of revocation proceedings in accord-
ance with s. 373.429.
(3) Upon completion of the work, the executive
director of the district or the '[Department of Envi-
ronmental Regulation] or its successor agency shall
have periodic inspections made, annually or more
frequently as deemed necessary, of permitted dams,
reservoirs, impoundments, appurtenant work, or
works to protect the public health and safety and the
natural resources of the state. No person shall refuse
immediate entry or access to any authorized repre-
sentative of the governing board or the department
who requests entry for purposes of such inspection
and presents appropriate credentials.
History.- 7. pa IV. ch. T229*9 21. 2L 73-190.
'Noe.-S-radcd word subucitud by ch* edicar for "director of the
DiOjiio of [n crior RoM..o See NS t following s. 33.016.
373.426 Abandonment.-
(1) Any owner of any dam, impoundment, reser-
voir, appurtenant work, or works wishing to aban-
don or remove such work may first be required by
the governing board or the department to obtain a
permit to do so and may be required to meet such
reasonable conditions as are necessary to assure that
such abandonment will not be inconsistent with the
overall objectives of the district.
(2) Where any permitted dam, impoundment,
reservoir, appurtenant work, or works is not owned
nor directly controlled by the state or any of its agen-
cies and is not used nor maintained under the au-
thority of the owner for a period of 3 years, it shall
be presumed that the owner has abandoned such
dam, impoundment, reservoir, appurtenant work. or
works, and has dedicated the same to the district for
the use of the people of the district.
(3) The title of the district to any such dam, im-
poundment, reservoir, appurtenant work. or works
may be established and determined in the court ap-
pointed by statute to determine the title to real es-
tate.
B.toBTy.- 8. peu tV. ch. 72.29W: 2. ch. 73.190.
373.429 Revocation and modification of per-
mits.-The governing board or the department may
revoke or modify a permit at any time if it deter-
mines that a dam, impoundment, reservoir, appurte-
nant work, or works has become a danger to the
public health or safety or if its operation has become
inconsistent with the objectives of the district. The
affected party may file a written petition for hearing
no later than 14 days after notice of revocation or
modification is served. If the executive director of
the district or the division determines that the dan-
ger to the public is imminent, he may order a tempo-
rary suspension of the construction, alteration, or
operation of the works until the hearing is conclud-
ed, or may take such action as authorized under s.
373.439.
Hie.ry.-. S. pan Iv. ch. .2- s. 14. ch. M8.95.
373.433 Abatement.-Any dam. impoundment,
reservoir, appurtenant work, or works which vio-
lates the laws of this state or which violates the
standards of the governing board or the department
shall be declared a public nuisance. The operation of
such dam, impoundment, reservoir, appurtenant
work, or works may be enjoined by suit by the state


or any of its agencies or by a private citizen. The
governing board or the department shall be a neces-
sary party to any such suit. Nothing herein shall be
construed to conflict with the provisions of s.
373.429.
HNiary-. 1. 0, arc IV, ch. 2.299.
373.436 Remedial measures.-
(1) Upon completion of any inspection provided
for by s. 373.423(3), the executive director shall de-
termine what alterations or repairs are necessary
and order that such alterations and repairs shall be
made within a time certain, which shall be a reason-
able time. The owner of such dam, impoundment,
reservoir, appurtenant work, or works may file a
written petition for hearing before the governing
board or the department no later than 14 days after
such order is served. If, after such order becomes
final, the owner shall fail to make the specified alter-
ations or repairs, the governing board or the depart-
ment may, in its discretion, cause such alterations or
repairs to be made.
(2) Any cost to the district or the department of
alterations or repairs made by it under the provi-
sions of subsection (1) shall be a lien against the
property of the landowner on whose lands the altera-
tions or repairs are made until the governing board
or department is reimbursed, with reasonable inter-
est and attorney's fees, for its costs.
Hisory.- 11. par IV. ch. 72-299: s 14. ch. 7s.
373.439 Emergency measures.-
(1) The executive director, with the concurrence
of the governing board, or the I[Department of Envi-
ronmental Regulation] shall immediately employ
any remedial means to protect life and property if
either-
(a) The condition of any dam, impoundment, res-
ervoir, appurtenant work, or works is so dangerous
to the safety of life or property as not to permit time
for the issuance and enforcement of an order relative
to maintenance or operation.
(b) Passing or imminent floods threaten the safe-
ty of any dam, impoundment, reservoir, appurte-
nant work, or works.
(2) In applying the emergency measures provid-
ed for in this section, the executive director or '(De-
partment of Environmental Regulation] may in an
emergency do any of the following:
(a) Lower the water level by releasing water
from any impoundment or reservoir.
(b) Completely empty the impoundment or reser-
voir.
(c) Take such other steps as may be essential to
safeguard life and property.
(3) The executive director or 'Department of En-
vironmental Regulation] shall continue in full
charge and control of such dam, impoundment, res-
ervoir, and its appurtenant works until they are ren-
dered safe or the emergency occasioning the action
has ceased.
Himory.-. 12. pant V ch. ~299.
'Noc.--raci.uad laaP sutboaiud by the dicors for a rreirnce to the
direnor of the OivIoan of eurinor Reoumrc*.& S-Noo N following s. 33.016.
373.443 Immunity from liability.-No action
shall be brought against the state or district, or any


Ch. 373


WATER RESOURCES


Ch. 373








ob. 373 WATER RESOURCES Ch. 373


agents or employees of the state or district, for the
recovery of damages caused by the partial or total
failure of any dam, impoundment, reservoir, appur-
tenant work, or works upon the ground that the
state or district is liable by virtue of any of the fol-
lowing:
(1) Approval of the permit for construction or
alteration.
(2) The issuance or enforcement of any order rel-
ative to maintenance or operation.
(3) Control or regulation of dams, impound-
ments, reservoirs, appurtenant work, or works regu-
lated under this chapter.
(4) Measures taken to protect against failure
during emergency.
ory.-... 13. pan Iv c. 72.299.
PART V
FINANCE AND TAXATION


373.495
373.498

373.501

373.503
373.506
373.507
373.516
373.536
373.539
373.543

373.546
373.553
373.556
373.559
373.563
373.566
373.569
373.573
373.576
373.579
373.583
373.586
373.589


Water resources development account.
Disbursements from water resources de-
velopment account.
Appropriation of funds to water manage-
ment districts.
Manner of taxation.
Costs of district.
Districts, basins, and taxing authorities;
budget and expense reports; audits.
Benefits to rights-of-way.
District budget and hearing thereon.
Imposition of taxes.
Land held by Board of Trustees of the
Internal Improvement Trust Fund;
areas not taxed.
Unit areas.
Treasurer and depositories.
Investment of funds.
May borrow money temporarily.
Bonds.
Refunding bonds.
Bond election.
Bonds to be validated.
Sale of bonds.
Proceeds from taxes for bond purposes.
Registration of bonds.
Unpaid warrants to draw interest.
Audit by Auditor General.


373.495 Water resources development ac-
count.-There is hereby created in the General Rev.
enue Fund an account to be known as the "Water
Resources Development Account." Subject to such
appropriation as the Legislature may make from
time to time, the purpose of said account shall be to
provide assistance to the water management dis-
tricts created under this act for the protection, con-
servation, or development of the water resources of
the state.
m .oe .-&. 10, part L. e. 2.-299*. C2. 73.190.
Nao.--Fonr s. 373.059.
373.498 Disbursements from water resources
development account.-Subject to the provisions
of this chapter, there shall be available to any flood
control or water management district created under


this chapter or by special acts ot Legislature, out of
said Water Resources Development Account upon
the approval of the '[Department of Environmental
Regulation], a sum or sums of money not exceeding
in the aggregate the total estimated amount re-
quired to cover the costs allocated to the district for
constructing the works of said district, for the acqui-
sition of lands for water storage areas, for highway
bridge construction, and for administration and pro-
motion. These works may include small watershed
projects (Public Law 83-566). Said sum or sums shall
be available as money is required for said purposes
and may be a grant to said districts. Also, subject to
the provisions of this chapter, there shall be availa-
ble to any navigation district or agency created un-
der chapter 374 or by special act of the Legislature,
out of said Water Resources Development Account
upon approval of the 'Idepartmentl, a sum or sums
of money not exceeding in the aggregate the total
estimated amount required to cover the costs allocat-
ed to the district for constructing the works, for high-
way bridge construction, for the acquisition of land
for rights-of-way, for water storage areas, and for
administration and promotion. Said sum or sums
shall be available as money is required for said pur-
poses and may be a grant to said districts or agencies.
MHtny-. cha. 2S209. 194s: s. da. ca.27; i. e. 867.199 as 253. X ch.
.690: s. 2. ch. 0.143; s. 25, h. 73190.
Nou.-aracktuud word subcmtutad by the *ditor for "Division of Inarior
Reources of the oNpaentat Nof aRri ourcas.* S 3 N t: I olowing s
373.018.
No.o--rmr s. 373.04.
373.501 Appropriation of funds to water
management districts.-The department may allo-
cate to the water management districts, from funds
appropriated to the department, such sums as may
be deemed necessary to defray the costs of the ad-
ministrative, regulatory, and other activities of the
districts. The governing boards shall submit annual
budget requests for such purposes to the depart-
ment, and the department shall consider such budg-
ets in preparing its budget request for the Legisla-
ture.
Htsory.-. IL pur L 72.29s s 5. h. h. 73190.
.NoF.--ormer s. 3.06e.
373.503 Manner of taxation.-
(1) It is the finding of the Legislature that the
general regulatory and administrative functions of
the districts herein authorized are of general benefit
to the people of the state and should substantially be
financed by general appropriations. Further, it is the
finding of the Legislature that water resources pro-
grams of particular benefit to limited segments of
the population should be financed by those most di-
rectly benefited. To those ends, this chapter provides
for the establishment of permit application fees and
a method of ad valorem taxation to finance the
wjrks of the district.
t2)(a) The Legislature declares that the millage
authorized for water management purposes by s.
9(b), Art. VII of the State Constitution shall be levied
only by the water management districts set forth in
chapter 373 and intends by this section to prevent
any laws which would allow other units of govern-
ment to levy any portion of said millage. However,
this does not preclude such units of government
tiom financing and engaging in water management


Ch. 373


WATER RESOURCES


Ch. 373








Cli.373 ATERRESORCESCh. 373


programs if otherwise authorized by law.
(b) Pursuant to s. 11(a)(21), Art. III of the State
Constitution, the Legislature hereby prohibits spe-
cial laws or general laws of local application pertain-
ing to the allocation of any portion of the village
authorized for water management purposes by s.
9(b), Art. VII of the State Constitution to any unit of
government other than those districts established by
chapter 373.
(c) The authority of the Central and Southern
Florida Flood Control District and the Southwest
Florida Water Management District to levy ad valo-
rem taxes within the territories specified in chapter
25270, Laws of Florida, 1949, and chapter 61-691,
Laws of Florida, respectively, as heretofore amend-
ed. shall continue until those districts have authori-
ty to levy ad valorem taxes pursuant to this section.
(3) The districts may levy ad valorem taxes on
property within the district solely for the purposes of
this chapter and of chapter 25270, Laws of Florida,
1949, as amended. and chapter 61-691, Laws of Flori-
da, as amended. The authority to levy ad valorem
taxes as provided in this act shall commence with
the year 1977. However, the taxes levied for 1977 by
the governing boards pursuant to this section shall
be prorated to ensure that no such taxes will be
levied for the first 4 days of the tax year, which days
will fall prior to the effective date of the amendment
to s. 9(b), Art. VII of the Constitution of the State of
Florida, which was approved March 9, 1976. When
appropriate, taxes levied by each governing board
may be separated by the governing board into a mil-
lage necessary for the purposes of the district and a
millage necessary for financing basin functions spec-
ified in s. 373.0695. Beginning with the taxing year
1977, and notwithstanding the provisions of any oth-
er general or special law to the contrary, the maxi-
mum total millage rate for district and basin pur-
poses shall be:
(a) Northwest Florida Water Management Dis-
trict: 0.05 milL
(b) Suwannee River Water Management Dis-
trict: 0.75 mill.
(c) St. Johns River Water Management District:
0.375 mill
(d) Southwest Florida Water Management Dis-
trict: 1.0 mill.
(e) South Florida Water Management District:
0.80 mill.
The maximum millage assessed for district purposes
shall not exceed 25 percent of the total authorized
millage when there are one or more basins in a dis-
trict, and the maximum millage assessed for basin
purposes shall not exceed 75 percent of the total
authorized millage.
(4) It is hereby determined that the taxes author-
ized by this chapter are in proportion to the benefits
to be derived by the several parcels of real estate
within the districts to which territories are annexed
and transferred. It is further determined that the
cost of conducting elections within the respective
districts or within the transferred or annexed terri-
tories, including costs incidental thereto in prepar-
inz for such election and in informing the electors of
35


the issues therein, is a proper expenditure of the
department, of the respective districts, and of the
district to which such territory is or has been annex-
ed or transferred.
Hsory.-- .panu V. ch. 72.299* s. 24. ch. .190t: 12. ch. T7.243.
373.506 Costs of district.-If it should appear
necessary to procure funds with which to pay the
expenses of a district, or to meet emergencies, before
a sufficient sum can be obtained from the collection
of the tax, the board may borrow a sufficient amount
of money to pay expenses and to meet emergencies
and may issue interest-bearing negotiable notes
therefore and pledge the proceeds of the tax imposed
under the provisions of this chapter for the repay-
ment thereof. Said board may issue to any person
performing work or services or furnishing anything
of value interest-bearing negotiable evidence of debt.
tory.-I. 19, ch. 25209. 1949; 25. 2 73.O. a1. ci. 76.243
Noa.s-Formr s 3783.9.
373.507 Districts, basins, and taxing authori-
ties; budget and expense reports; audits.-Each
district and basin referred to in chapter 76-243, Laws
of Florida, shall furnish a detailed copy of its budget
and past year's expenditures to the Governor, the
Legislature, and the governing body of each county
in which the district or basin has jurisdiction or de-
rives any funds for the operations of the district or
basin. Each district, basin, and taxing authority
shall make provision for an annual postaudit of its
financial accounts and activities. Additionally, each
district, basin, and taxing authority shall make pro-
vision for an independent performance audit of its
financial accounts and activities in order that a com-
plete performance audit shall be conducted for each
3-year period. The year in which these performance
audits are conducted shall be determined by the De-
partment of Environmental Regulation. These post-
audits and performance audits shall be made in ac-
cordance with the rules of the Auditor General pro-
mulgated pursuant to as. 166.241 and 11.47.
altry.-. 16, ch. 7s-243: 1. c 77Tr7.
373.516 Benefits to rights-of-way.-The gov-
erning board of the district shall assess benefits to
rights-of-way of railroads and other public service
corporations in like manner as for other property,
and the imposition and collection of said tax shall be
in like manner as is provided with respect to other
property, except that the basis of value of railroad
rights-of-way for assessment purposes is hereby fix-
ed at 34,000 per mile without reference to number of
tracks, or other facilities thereon, and the governing
board of the district shall furnish the property ap-
praiser of the county in which such rights-of-way is
located a description thereof, the number of miles in
length and the tax rate on value-benefit basis to be
applied in assessing district taxes against said
rights-of-way.
Hoy.-t- 22. 25209. 1949; 25. ch. 73-190: ch. 77-102
Not-Foramr a. 378.22.
373.536 District budget and hearing there-
on.-
(1) Commencing October 1. 1975, the fiscal year
of districts created under the provisions of this chap-


Ch. 373


WATER RESOURCES


Ch. 373








WATER RESOURCES


ter shall extend from October 1 of one year through
September 30 of the following year. The governing
board of the district shall, on or before July 15 of
each year, complete the preparation of a tentative
budget for the district covering its proposed opera-
tion and requirements for the ensuing fiscal year.
The budget shall set forth. classified by object and
purpose, and by fund if so designated, the proposed
expenditures of the district for bonds or other debt,
for construction, for acquisition of land, and other
purposes, for operation and maintenance of the dis-
trict's works, the conduct of the affairs of the district
generally, to which may be added an amount to be
held as a reserve.
(2) The budget shall also show the estimated
amount which will appear at me oegnnmng or me
fiscal year as obligated upon commitments made but
uncompleted. There shall be shown the estimated
unobligated or net balance which will be on hand at
the beginning of the fiscal year, and the estimated
amount to be raised by district taxes and from other
sources for meeting the district's requirements.
(3) On a date to be fixed by the governing board
each year, the board shall publish a notice of its
intention to adopt the budget or as the same may be
amended for the district for the ensuing fiscal year.
The notice shall set forth the tentative budget in full,
and shall be notice to all owners of property subject
to the district taxes that on a date and at a place
appearing in the notice, opportunity will be afforded
to such owners, their attorneys or agents, to appear
before the board and show their objections to the
budget. The notice shall be published.for 2 consecu-
tive weeks, in one or more newspapers qualified to
accept legal advertisements having a combined gen-
eral circulation in the counties having land in the'
district, the last insertion of which shall appear not
less than I nor more than 3 weeks prior to the date
set by the board for the hearing on the budget, or if
there be no such newspaper then by posting the no.
twice as provided by s. 50.021.
(4) The hearing will be by and before the govern-
ing board of the district on a date to be fixed by the
board not sooner than 1 week and not later than 3
weeks after the date of the last publication of notice
of intention to adopt the budget and may be contin-
ued from day to day until terminated by the board.
Promptly thereafter, the governing board shall give
consideration to objections filed against the budget
and in its discretion may amend, modify or change
the tentative budget. The board shall adopt a final
budget for the district which shall thereupon be the
operating and fiscal guide for the district for the
ensuing year; provided, however, transfers of funds
may be made within the budget by action of the
governing board at a public meeting of the governing
board. Should the district receive unanticipated
funds after the adoption of the final budget, the final
budget may be amended by including the said funds,
so long as notice of intention to amend shall be pub-
lished one time in one or more newspapers qualified
to accept .legal advertisements having a combined
general circulation in the counties in the distric-t
The notice shall set forth the proposed amendment


and shall be published at least 10 days prior to the
public meeting of the board at which the proposed
amendment is to be considered. Provided, in the
event of disaster or of emergency arising to prevent
or avert the same, the governing board shall not be
limited by the budget but shall have authority to
apply such funds as may be available therefore or as
may be procured for such purpose.
(5) For the period from July 1, 1974, through Sep-
tember 30. 1975, the districts created pursuant to
this chapter may adopt two separate budgets to cov-
er a 12-month fiscal year and a 3-month fiscal year
or a single budget to cover a 15-month fiscal year.
Other than the times specified, such budgets shall be
anopte in compliance witn me provisions or trs
section.
sHi.ar.-. 2a. cia. 2S. L94W i2. d. isTL. l9Us a 4. s5-4,: a. L
chL. dS-& L ch. I4 r7.4 &. aS. "Ma. &is A1 4. .u4.
.No .-F ame .. 37 .2A
373.339 Imposition of taxes.-
(1) Each year the governing board of the district
shall certify to the property appraiser of the county
in which the property is situate, timely for the prep-
aration of the tax roll. the tax rate to be applied in
determining the amount of the district's annual tax,
and the property appraiser shall extend on his coun-
ty tax roll the amount of such tax, determined ac the
rate certified to him by the governing board, and
shall certify the same to the tax collector at the same
time and in like manner as for county taxes.
2) Collection diic t taxes, the issuance of tax
sale certificates for nonpayment thereof, the re-
demption or sale of said certificates, the vesting of
title by tax forfeiture, and the sale of the land and
other real estate so forfeited shall be at the same
time, in conjunction with, and by like procedure and
of like effect as is provided by law with respect to
county taxes, nor may either the county or the dis-
trict taxes be paid or redemption effected without
the payment or redemption of both. The title to dis-
trict tax forfeited land shall vest in the county on
behalf of said district along with chat of the county
for county tax forfeited land, said district tax forfeit-
ed land to be held, sold, or otherwise disposed of by
said county for the benefit of said district. The pro-
ceeds therefrom, after deducting costs, shall be paid
to the district in amounts proportionate to the re-
specive tax liens thereon.
(3) The district tax liens shall be of equal dignity
with those of the county.
(4) The tax officers of the county are hereby au.
thorized and directed to perform the duties devolv-
ing upon them under this chapter, and to receive
compensation therefore at such rates or charges as
are provided by law with respect to similar services
or charges in other cases.
r .- a. ~h 2= 9. i1Mt. u 2 a A. L .13: a C1. ?1-O .
37 20.
373.543 Land held by 'Board of Trustees of
the Internal Improvement Trust Fund; areas not
taxed.--
(1) Land held by the 'Board of Trustees of the
Internal Improvement Trust Fund shail be subject to
the tax imposed under authority of this chapter, and
said 'board o trustees is authorized to oay the same


Ch. 373


~V~T~ER RE~SOURCES


Ch 373









WATER RESOURCES


out of any money in its possession derived from the
sale of land or otherwise. For facilitating the assess-
ment of district taxes on land of said fnd, the
'board of trustees thereof is authorized to prepare
lists of land held by it and, timely for the purpose, to
transmit a list of said land to the property appraiser
of each county in which such land is located, and the
property appraiser is directed to extend said land
upon the district tax roll according to the description
furnished by said Lboard of trustees and to ascertain
the value thereof as for other land.
(2) Land comprising part of the principal of the
State School Trust Fund declared by the Constitu-
tion to be "sacred and inviolate," or other real estate,
title to which is in the State Board of Education,
shall not be subject to the district tax nor snaL there
be liability therefore upon any state agency.
(3) There shall be excluded from district taxes all
bodies of navigable water and unreclaimed water
areas meandered by the public surveys, all rights-of-
way of said district, all areas devoted or dedicated to
the use of and for the works of the district, rights-of-
way of state and county highways, and streets within
the limits of incorporated towns, and property
owned by a public agency open to the use of the
public or for the public benefit not leased to or oper-
ated by a private agency.
Bo. .-*.. 30. ch 220. 194. s. 2, cb. .41.119: as2 3 ch. 69106; s. 25.
S-7319 L +. 77.02.
L'NoS.-e IS l 73S.22. which abolshd the Board of Trusa s of the
Intuwai imprwots Tzraa Fund by mrtrs it into che O paramnt of
Naturui R aaoua d nfrRto tuhat .nrBmci all mtibotum wo trac*a-
famd 0iewarfe by rhc act. ad which 'fhoveiy ao d te la
Imrmento Tcrua Fund by tasaf.. all unomutted balances and ail
future reomum to the Laad A cquuicia eut Fund. Alo s* 1. ch. ch322.
uanarrif all fw.ao o*a th* board rating to the iruance of wrmio.
errfi a. Uliea. tacana,. and meforremana pu.-au to ch. 253 to the
COpeartaa t f EvirOeVmmcsil Rguloadoa.
c=N=a-frU a. 373.30.
373.546 Unit areas.-The governing board may,
in its discretion, adopt and effectuate unit areas em-
bracing separate or combined drainage basins, or
parts thereof, or areas of related lands and works, for
convenience or economy in constructing, maintain-
ing and operating the works of the district, and for
the purpose of imposing taxes within each area to
meet these requirements of the said area.
Bisary.--. 31. eh. 2209. 149;: s. 25, ch. 73-190.
Now.-Foratr 38.31.
373.553 Treasurer and depositories.-
(1) The governing board shall designate a trea-
surer who shall be custodian of all funds belonging
to the said board and to the said district, and such
funds shall be disbursed upon the order of, or in the
manner prescribed by, the governing board by war-
rant 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 procedures for disbursement of funds in
such amounts and in such manner as the board may
prescribe, except that disbursement of funds prior to
specific board approval may only be authorized upon
certification by its chief executive officer or his des-
ignated assistant to the treasurer or assistant trea-
surer 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 disburse-
ments shall be reported to the board at its next regu-
lar meeting.


(2) The board is hereby authorized to select as
depositories in which the funds of the said board and
of the said district shall be deposited any banking
corporation organized under the laws of the state or
under the National Banking Act, doing business in
the state, upon such terms and conditions as to the
payment of interest by such depository upon the
funds so deposited as the said board shall deem just
and reasonable and also upon such terms as to secu-
rity by such depository as said board shall deem
proper, which security may be either by satisfactory
individual or surety bonds or by the deposit with the
treasurer of bonds of the district issued by said
board, bonds of the United States, bonds or certifi-
cates of the several states, county and municipal
bonds or certificates, and county or county school
time warrants, issued by any of the counties or cities
of the state or by any of the state agencies, depart-
ments or commissions authorized to issue bonds or
certificates, or issued by authority created by the
Legislature. Such bonds or certificates may be gener-
al obligations of the issuing authority or they may be
secured by utility revenues, or other revenues, or by
excise taxes, or they may be secured by a limited ad
valorem tax; provided, however, that none of the
foregoing bonds or certificates shall be accepted as
security for the funds herein mentioned unless they
shall have qualities pertinent to bank investments;
and provided further, that except as to the bonds of
the United States or bonds the payment of whose
principal and interest is guaranteed by the United
States or federal certificates of indebtedness, or
state, county or municipal obligation bonds, the
bonds or certificates herein mentioned shall be rated
in one of the highest four classifications by estab-
lished nationally recognized investment rating ser-
vices, the type, amount or value of such bonds or
certificates shall be in such amount as may be desig-
nated by the governing board of the district.
Hlor,--i. 33, ch. 25~09. 194a9:.. 3. 3ch 224; 25. d, 73.190: s3. 1 ch.
73-213; 1s, ch. 77.104.
Nort.-For-ar & 373.a3
373.556 Investment of funds.-The governing
board of the district may, in its discretion, invest
funds of the district in the following manner.
(1) That portion of the funds of the district which
the board anticipates will be needed for emergencies
may be invested in bonds or other obligations, either
bearing interest or sold on a discount basis, of the
United States, or the United States Treasury, or
those for the payment of the principal and interest
of which the faith and credit of the United States is
pledged.
(2) All other funds of the district may be invested
in securities named in subsection (1) hereof, or in
bonds or other interest-bearing obligations of any
incorporated county, city, town, school district or
road and bridge district located in the state, for
which the full faith and credit of such political subdi-
vision has been pledged; provided, such political sub-
division or its successor, through merger, consolida-
tion or otherwise, has not within 5 years previous to
the making of such investment, defaulted for more
than 6 months in the payment of any part of the
principal or interest of its bonded indebtedness; and,
provided, the securities purchased under the provi-


Ch. 373


WATER RESOURCES


Ch 373










Ch. 73 WTER ESOUCESChi. 373


sions of this subsection shall have a maturity date on
or before the anticipated date of need for the funds
represented thereby.
Hlsory..-. 4. ch. 29 0. 1955; 25. 7 3.10.
Not.-Formr s. 3 3s.331.
373559 May borrow money temporarilv.-In
order to provide for the works described by this chap-
ter, the governing board is hereby authorized and
empowered to borrow money temporarily, from time
to time, for a period not to exceed 1 year at any one
time, not including renewals thereof, and to issue its
promissory notes therefore upon such terms and at
such rates of interest as the said board may deem
advisable, payable from the taxes herein levied and
imposed, ana the increment thereof. Any of such
notes may be used in payment or amounts aue, or to
become due. upon contracts made or to be made by
said board for carrying on the work authorized and
provided for herein, and the said board may, to se-
cure the payment of any of such notes, hypothecate
bonds herein authorized to be issued, and may there-
after redeem such hypothecated bonds. Any of the
notes so issued may be paid out of the proceeds of
bonds authorized to be issued by this chapter.
"mry.- 3. e 2509. 14 a& 25 eh. '3-t0.
Noa.-Formea s. 378.34.
373.563 Bonds.-
(1) The governing board is hereby authorized and
empowered to borrow money on permanent loans
and incur obligations from time to time on such
terms and at such rates of interest as it may deem
proper, not exceeding 7K percent per annum, for the
purpose of raising funds to prosecute to final comple-
tion the works and all expenses necessary or needful
to be incurred in carrying out the purposes of this
chapter, and the better to enable the said board to
borrow the money to carry out the purposes afore-
said, the board is hereby authorized and empowered
to issue in the corporate name of said board, negotia-
ble couoon bonds of said district.
(2) The bonds to be issued by authority of this
chapter shall be in such form as shall be prescribed
by the said board, shall recite that they are issued
under the authority of this chapter, and shall pledge
the faith and credit of the governing board of the
district for the prompt payment of the interest and
principal thereof.
(3) Said bonds shall have all the qualities of nego-
tiable paper under the Law Merchant, and shall not
be invalid for any irregularity, or defect in the pro-
ceedings for the issue and sale thereof except for-
gery; and shall be incontestable in the hands of bona
fide purchasers or holders thereof for value. The pro-
visions of this chapter shall constitute an irrevocable
contract between said board and the district and the
holders of any bonds and the coupons thereof, issued
pursuant to the provisions hereof. Any holder of any
of said bonds or coupons may either at law or in
equity by suit, action or mandamus enforce and com-
pel the performance of the duties required by this
chapter of any of the officers or persons mentioned
in this chapter in relation to the said bonds, or to the
collection, enforcement and application of the taxes
for the payment thereof.
(4) The amount of bonds to be issued in any one
year, when added to the amount then outstanding,


shail be not greater than can be supported for that
year in accordance with the bond schedule out of 90
percent of the taxes imposed, or to be imposed, for
that year, plus other moneys in the hands of the
district usable for bond purposes after deducting
therefrom amounts estimated to be required for
maintenance and operation of the works of the dis-
trict, cost of administration, and amounts for such
other purposes as the governing board may deter-
mine, nor shall the governing board levy in any year
taxes insufficient to support said bonds for such year
on the basis herein described.
(5) All bonds and coupons not paid at maturity
shall bear interest at a race not to exceed 7Y percent
per annum from maturity until paid. or until suffi-
cient funds have been deposited at the place of pay-
ment.
16) The bonds to be issued by authority of this
chapter shall be in denominations of not less than
S100, bearing interest from date at a rate not to
exceed 5 percent per annum, payable semiannually,
to mature at annual intervals within 40 years com-
mencing after a period of not later than 10 years, to
be determined by said board, both principal and in-
terest payable at some convenient place designated
by said board to be named in said bonds, which said
bonds shall be signed by the chairman of the board,
attested with the seal of said district and by the
signature of the secretary of said board. In case any
of the officers whose signatures, countersignatures
and certificates appear upon '[the said bonds and]
coupons shall cease to be such officer before the de-
livery of such bonds to the purchaser, such signature
or countersignature and certificate shall neverthe-
less be valid and sufficient for all purposes the same
as if they had remained in office until the delivery
of the bonds.
(7) Interest coupons shall be attached to the said
bonds and the said coupons shall be consecutively
numbered, specifying the number of the bond to
which they are attached, and shall be attested by the
lithographed or engraved facsimile signature of the
chairman and secretary of said board.
(8) In the discretion of said board, it may be pro-
vided that at any time, after such date as shall be
fixed by the said board, said bonds may be redeemed
before maturity at the option of said board, or its
successors in office. If any bond so issued subject to
redemption before maturity shall not be presented
when called for redemption, it shall cease to bear
interest from and after the date so fixed for redemp-
tion.
Hitory.-. 3A. ch. 2s2.09. 1949. ch. 6147; s. 2S. s 3. 190: & 33. h.
3"3o02: .1.. ch. 7-174.
'Not.--Brtkaed lanuag. isertud by th editors :a comet a prinur's
error in F"orda Stamtu 19t.
No.&-Former s. 373-5.
373.566 Refunding bonds.-The governing
board shall have authority to issue refunding bonds
to cake up any outstanding bonds of said district
falling due and becoming payable, when, in the judg-
ment of said board, it shall be for the best interests
of said district so to do. The said board is hereby
authorized and empowered to issue refunding bonds
*o cake up and refund all bonds of said district out-


Ch. 373


WATER RESOURCES


Ch. 373










Cli.373 ATERRESORCESCh. 373


standing that are subject to call and termination,
and all bonds of said district that are not subject to
call or redemption, where the surrender of said
bonds can be procured from the holder thereof at
prices satisfactory to the board. Such refunding
bonds may be issued at any time when in the judg-
ment of said board it will be to the interest of the
district financially or economically by securing a
lower rate of interest on said bonds or by extending
the time of maturity of said bonds, or for any ocher
reason in the judgment of said board advantageous
to said district.
Isftory.-.. 3. ch. 2S209. 19S9 ia 2 c. 3h 190.
Not.-Former 4. 378.;6.
373.569 Bond election.-When required by the
state constitution, the governing board shall call an
election of the freeholders in said district, in which
said election the matter of whether or not said bonds
shall be issued shall be decided as provided by law
with respect to bond elections.
Hitory.-a. 37, ch. 25209. 1949; s. 25. ch. 73190.
Noe.-Formr s. 373.37.
373.573 Bonds to be validated.-Whenever the
governing board shall have authorized the issuance
of bonds under the provisions of this chapter, the
said board may, if it shall so elect, have said bonds
validated in the manner provided by chapter 75, and
to that end the said board may adopt a suitable reso-
lution for the issuance of said bonds.
Biaary.-- 38. ch. 2 209 19* 2.3.1d0.
Nowr-Former s. 33.38.
373.576 Sale of bonds.-All of said bonds shall
be executed and delivered to the treasurer of said
district, who shall sell the same in such quantities
and at such rates as the board may deem necessary
to meet the payments for the works and improve-
ments in the district. Said bonds shall not be sold for
less than 95 cents on the dollar, with accrued inter-
est.
Isory.-.. 39. 25, 20. 122 949 2. dh 73.190.
Note.-Fornmr a 373.39.
373.579 Proceeds from taxes for bond pur-
poses.-It shall be the duty of the treasurer as custo-
dian of the funds belonging to the said board and to
the district, out of the proceeds of the taxes levied
and imposed by this chapter and out of any other
moneys in his possession belonging to the district,
which moneys so far as necessary shall be set apart
and appropriated for the purpose, to apply said mon-
eys and to pay the interest upon the said bonds as the
same shall fall due and at the maturity of the said
bonds to pay the principal thereof.
Hitary.--. 40. ch. 2S209. 194.9. 25. dh 73-190.
Nac*-Form* 378.40.
373.583 Registration of bonds.-
(1) Whenever the owner of any coupon bond is-
sued pursuant to the provisions of this chapter shall
present such bond and all unpaid coupons thereof to
the treasurer of the district with request for the con-
version of such bond into a registered bond. such
treasurer shall cut off and cancel the coupons of any
such coupon bond so presented, and shall stamp,
print or write upon such coupon bond so presented


either upon the back or the face thereof as may be
convenient, a statement to the effect that said bond
is registered in the name of the owner and that
thereafter the interest and principal of said bond are
payable to the registered owner. Thereafter and
from time to time any such bond may be transferred
by such registered owner in person or by attorney
duly authorized on presentation of such bond to the
treasurer, and the bond again registered as before, a
similar statement being stamped or written thereon.
(2) Such statement stamped, printed or written
upon any such bond may be in substantially the fol-
lowing form:

(Date, giving month, year and day.)
This bond is to be registered pursuant to the stat.
utes in such case made and provided in the name of
(here insert name of.owner), and the interest and
principal thereof are hereafter payable to such own-
er.
...mS.R.rl-
(3) If any bond shall have been registered as
aforesaid, the principal and interest of said bond
shall be payable to the registered owner. The trea-
surer shall enter in the register of said bonds to be
kept by him, or in a separate book, the fact of the
registration of such bonds, and in whose names re-
spectively, so that said register or book shall at all
times show what bonds are registered and the name
of the registered owner thereof.
bisry.-- 41. e. 25209. 1949; 25 ch. 73-190.
No=e.-rFom.r a. .1.
373.586 Unpaid warrants to draw interest.-
If any warrant issued under this chapter is not paid
when presented to the treasurer of the district be-
cause of lack of funds in the treasury, such fact shall
be endorsed on the back of such warrant, and such
warrant shall draw interest thereafter at a rate not
exceeding 6 percent per annum, until such time as
there is money on hand to pay the amount of such
warrant and the interest then accumulated; but no
interest shall be allowed on warrants after notice to
the holder or holders thereof that sufficient funds
are in the treasury to pay said endorsed warrants
and interest.
L.-orr.-., 42. ch. 2094 2. -31;sO: a. us L h. T. T-.04.
.o.-Former i. 373.42.
373.589 Audit by Auditor General.-At the di-
rection of the Governor, audit of the district's ac-
counts may be made from time to time by the Audi-
tor General. and such audit shall be within the au-
thority of said Auditor General, to make. Copy of
such audit shall be furnished the Governor and the
governing board of the district, and a copy shall be
filed with the clerks of the circuit courts of each
county within or partly within said district. The ex-
pense of said audit shall be paid by the district upon
a statement thereof rendered to the district by the
Auditor General. Payment of the amount thereof
shall be made to the State Department of Banking
and Finance to be entered in and to reimburse the
account of the Auditor General so as not to reduce


Ch. 373


WATER RESOURCES


Ch. 373









3Ch. 373


the legislative appropriation for said Auditor Gener-
al.
History.-. 4 ch. 25209. 1949 s. & c 6"42: s. 12. 35. ch. 9-106; 25.
ch. 73-190.
Nate.-Former s. 378.43.

PART VI'
MISCELLANEOUS PROVISIONS

373.603 Power to enforce.
373.604 Awards to employees for meritorious ser-
vice.
373.605 Group insurance for water management
districts.
373.609 Enforcement; city and county officers to
assist.
373.613 Penalties.
373.614 Unlawful damage to district property or
works; penalty.
373.616 Liberally construed, etc.
373.6161 Chapter to be liberally construed.
373.617 Judicial review relating to permits and li-
censes.
373.603 Power to enforce.-The '(Department
of Environmental Regulation] or the governing
board of any water management district and any
officer or agent thereof may enforce any provision of
this law or any rule or regulation adopted and pro-
mulgated or order issued thereunder to the same
extent as any peace officer is authorized to enforce
the law. Any officer or agent of any such board may
appear before any magistrate empowered to issue
warrants in criminal cases and make an affidavit
and apply for the issuance of a warrant in the man-
ner provided by law; and said magistrate, if such
affidavit shall allege the commission of an offense,
shall issue a warrant directed to any sheriff or depu-
ty for the arrest of any offender. The provisions of
this section shall apply to the Florida Water Re-
sources Act of 1972 in its entirety.
aItory-.-. -80 14. ch. 63.33& a. 25, 35 ch. 69.06; s. 2. pua
VT 7.29: s. 25 ch. 73-190; s. 117, h. 7704.
'No-BracscLu d words subAuuM-d by Che dicmrs or "diisioa." See NYo
1 foaUwin as. 373.016.
Not-9=3rZ1r a. 373.201.

373.604 Awards to employees for meritorious
service.-The governing board of any water man-
agement district may adopt and implement a pro-
gram of meritorious service awards or district em-
ployees who make proposals which are implemented
and result in reducing district expenditures or im-
proving district operations, who make exceptional
contributions to the efficiency of the district, or who
make other improvements in the operations of the
district. No award granted under the provisions of
this section shall exceed $2,000 or 10 percent of the
first year's savings, whichever is less, unless a larger
award is made by the Legislature. Awards shall be
paid by the district from any available funds.
Hi.tory.-. 1. ch. 74.257.
373.605 Group insurance for water manage-
ment districts.-
(1) The governing board of any water manage-
ment district is hereby authorized and empowered to
provide group insurance for its employees in the
same manner and with the same provisions and limi-
tations authorized for other public employees by ss.


112.08, 112.09, 112.10, 112.11, 112.12 and 112.14.
t2) Any and all insurance agreements in effect as
of October 1, 1974, which conform to the provisions
of this section are hereby ratified.
HEtory.--. L 2. ch. 74-213.
373.609 Enforcement; city and county offi-
cers to assist.-It shall be the duty of every state
and county attorney, sheriff, police officer, and other
appropriate city and county official, upon request, to
assist the Ltdepartment], the governing board of any
water management district, or any local board, or
any of their agents in the enforcement of the provi-
sions of this law and the rules and regulations adopt-
ed thereunder.
Hby.-. ld.I. 57 s. 15. 57 & s ch S. 633* 35& M ch. 6910s. & 25 ch.
73-190 117, c. 77.104.
'Note.-B acrtd word subdituod by the .diton for "di*imao." S Not
I followlng s. 373.016.
NoF.-orrumr s. 373.211

373.613 Penalties.-Any person who violates
any provision of this law or any rule, regulation or
order adopted or issued pursuant thereto is guilty of
a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.
Bttorl-y.- 18. 57.-30:, 325, ch. 71-L3 s. 25. ch. 73190.
No.t--Formar 33.241.
373.614 Unlawful damage to district proper-
ty or works; penalty.-The governing board of the
district shall have the power, and is authorized, to
offer and pay rewards of up to S1,000 to any person
furnishing information leading to the arrest and
conviction of any person who has committed an un-
lawful act or acts upon the rights-of-way, land, or
land interests of the district or has destroyed or dam-
aged district properties or works.
FHtisry.-- 25. ch. 73.190; ch. 7322.
Noa.-Former r. 378.1t3.
373.616 Liberally construed, etc.-The provi-
sions of this chapter shall be liberally construed in
order to effectively carry out its purposes.
HIswy.-*. 4. pat Vt. c. d72.29.
373.6161 Chapter to be liberally construed.-
This chapter shall be construed liberally for effectu-
ating the purposes described herein, and the proce-
dure herein prescribed shall be followed and applied
with such latitude consistent with the intent thereof
as shall best meet the requirements or necessities
therefore.
Hisory.-. ch. 25209:+ ch. 25213. 1949 a. 25. cd. 73190.
o.-rcer-- s. 373.47.
373.617 Judicial review relating to permits
and licenses.-
(1) As used in this section, unless the context oth-
erwise requires:
* (a) "Agency" means any official, officer, commis-
sion, authority, council, committee, department, di-
vision, bureau, board, section, or other unit or entity
of state government.
(b) "Permit" means any permit or license re-
quired by this chapter.
(2) Any person substantially affected by a final
action of any agency with respect to a permit may
seek review within 90 days of the rendering of such


Ch. 373


WATER RESOURCES


Ch. 373









Cli..373 ATERRESORCESChi. 373


decision and request monetary damages and other
relief in the circuit court in the judicial circuit in
which the affected property is located; however, cir-
cuit court review shall be confined solely to deter-
mining whether final agency action is an unreasona-
ble exercise of the state's police power constituting
a taking without just compensation. Review of final
agency action for the purpose of determining wheth-
er the action is in accordance with existing statutes
or rules and based on competent substantial evi-
dence shall proceed in accordance with chapter 120.
(3) If the court determines the decision reviewed
is an unreasonable exercise of the state's police pow-
er constituting a taking without just compensation,
the court shall remand the matter to the agency
which shall, within a reasonable time:
(a) Agree to issue the permit;
(b) Agree to pay appropriate monetary damages;
however, in determining the amount of compensa-
tion to be paid, consideration shall be given by the
court to any enhancement to the value of the land
attributable to governmental action; or
(c) Agree to modify its decision to avoid an unrea-
sonable exercise of police power.
(4) The agency shall submit a statement of its
agreed-upon action to the court in the form of a pro-
posed order. If the action is a reasonable exercise of
police power, the court shall enter its final order
approving the proposed order. If the agency fails to
submit a proposed order within a reasonable time
not to exceed 90 days which specifies an action that
is a reasonable exercise of police power, the court
may order the agency to perform any of the alterna-
tives specified in subsection (3).
(5) The court shall award reasonable attorney's
fees and court costs to the agency or substantially
affected person, whichever prevails.
(6) The provisions of this section are cumulative
and shall not be deemed to abrogate any other reme-
dies provided by law.
Him.ory.- 14. C?. -3.1
Note.-Also publid at s 1 L212. 253.7-83 380.0W, and 403.90.


WATER RESOURCES


Ch. 373


Ch. 373












CHAPTER 61-691


SENATE BILL NO. 485


AN ACT creating Southwest Florida Water Management District in Florida;
defining the boundaries of said district; imposing taxes on all pro-
perty in said district; and providing that said district shall operate
under Chapter 378, Florida Statutes, with certain exceptions; providing
for creation of Basin Water Management Boards within said District;
providing for the abolishment of the Peace River Valley Water Conserva-
tion and Drainage District created by Chapter 59-1002, Laws of Florida;
providing for the discharge of its obligations and for the transfer of
its assets to the District herein created; providing for the operations
and management of property of the Lake Apopka Recreation and Water
Conservation and Control Authority created by Chapter 28325, Laws of
Florida, 1953, and the Oklawaha Becreation and Water Conservation and
Control Authority created by Chapter 29222,Laws of Florida, 1953, and
transferring certain functions and excluding the counties of Dixie,
Charlotte, Manatee and Sarasota from the provisions of this Act.

BeSt Enacted by the Leg itatau oj the S-tat aj FRoida.:

Section 1. For the purpose defined in Chapter 378, Florida Statutes,
and to facilitate the creation and initial operation of a district under
said chapter, Southwest Florida Water Management District is hereby
created a public corporation for carrying out and effectuating the pro-
visions of said chapter. Other than as herein provided, Southwest Florida
Water Management District shall operate under and be governed by the
provisions of Chapter 378, Florida Statutes, as amended from time to time.

Section 2. Southwest Florida Water Management District shall include
the area within the following boundaries:

Begin at the intersection of the south boundary of Charlotte
County with the Gulf of Mexico; thence eastward along the
Charlotte-Lee County line to the southeast corner of Section
33, Township 42 South, Range 24 East; thence north along the
section line to the northeast corner of Section 4, Township 42,
Range 24 East; thence east along the township line to the
northeast corner of Section 1, Township 42 South, Range 25
East; thence north along the range line to the northeast corner
of Section 1, Township 41 South, Range 25 East; thence east
along the township line to the southeast corner of Section 36,
Township 40 South, Range 26 East; thence north along the range
line to the northeast corner of Section 1, Township 40 South,
Range 26 East; thence east along township line to southeast
corner of Section 36, Township 39 South, Range 27 East; thence
north along the range line to northeast corner of Section 1,
Township 33 South, Range 27 East; thence west along township
line to southwest corner of Section 34, Township 32 South,
Range 27 East; thence north along the section line to the













northeast corner of Section 33, Township 30 South, Range 27 East;
thence east along the section line to the southeast corner of
Section 26, Township 30 South, Range 27 East; thence north along
the section line to the northeast corner of Section 35, Township
28 South, Range 27 East, thence west along section line to the
southwest corner of Section 27, Township 28 South, Range 27 East;
thence north along section line to the northwest corner of Section
3, Township 28 South, Bange 27 East; thence west to southwest
corner of Section 33, Township 27 South, Range 27 East; thence
north along section line to northeast corner of Section 5, Town-
ship 27 South, Range 27 East; thence vest along township line
between Townships 26 and 27 South to the southwest corner of
Section 31, Township 26 South, Range 27 East; thence north along
range line between ranges 26 and 27 East to the northwest corner
Section 18, Township 23 South, Bange 27 East; thence east along
section line to southeast corner of Section 11, Township 23 South,
Range 27 East; thence north along section line to northeast corner
of Section 2, Township 23 South, Range 27 East; thence east along
township line between Township 22 and 23 South to the southeast
corner of Section 31, Township 22 South, Range 28 East; thence
north along section line to northeast corner Section 30, Town-
ship 22 South, Range 28 East; thence west along section line to
southwest corner Section 19, Township 22 South, Bange 28 East;
thence north along range line between Ranges 27 and 28 East to
southwest corner Section 7, Township 22 South, Range 28 East;
thence east along section line to southeast corner Section 7,
Township 22 South, Range 28 East; thence north along section
line to southwest corner Section 17, Township 21 South, Bange
28 East; thence east along section line to southeast corner
Section 17, Township 21 South, Bange 28 East; thence north along
section line to northeast corner Section 32, Township 20 South,
Range 28 East; thence west along section line to northwest corner
Section 31, Township 20 South, Range 28 East; thence south along
range line to southwest corner Section 31, Township 20 South,
Range 28 East; thence vest along township line to southwest corner
Section 35, Township 20 South, Range 27 East; thence north along
section line to northeast corner Section 3, Township 20 South,
Range 27 East; thence east along township line between Township
19 and 20 South to northeast corner Section 1, Township 20 South,
Range 27 East; thence north along range line to the northeast
corner Section 1, Township 19 South, Range 27 East; thence west
along township line to northeast corner Section 1, Township 19
South, Bange 26 East; thence north along range line between
Ranges 26 and 27 East to northeast corner Section 1, Township
18 South, Range 26 East; thence west along township line to
southwest corner Section 35, Township 17 South, Range 26 East;
thence north along section line to northeast corner of Section
15, Township 17 South, Range 26 East; thence west along section
line to southwest corner of Section 7, Township 17 South, Range























26 East; thence north along range line between Ranges 25 and
26 East to northeast corner Section 1, Township 15 South, Range
25 East; thence west along township line to southwest corner of
Section 31, Township 14 South, Range 25 East; thence north along
range line between Ranges 24 and 25 East to the Marion-Putnam
County line (Oklawaha River); thence west along Marion County
line to the Levy County line; thence westerly along the Alachua-
Levy County line to the Gilchrist County line; thence north
along Gilchrist County to Santa Fe River; thence westerly
along the Santa Fe River to the Suwannee River; thence south
along the Suwannee River to the Dixie-Lafayette County line;
thence west along the Dixie-Lafayette County line to the
Taylor-Dixie County line; thence south along the Dixie-Taylor
County line to the Gulf of Mexico; thence south along the shore
of the Gulf of Mexico to the point of beginning.




Section 4. PAjovidtig 06o d.-4atiat oAh6 .--District works as provided
in Section 378.16, Florida Statutes, shall be constructed, owned and
maintained and operated by the governing board of the district. In
addition, the district shall negotiate a contract with the Oklawaha
Basin Recreation and Water Conservation and Control Authority in Lake
County, and the Lake Apopka Recreation and Water Conservation and Con-
trol Authority of Orange County to assume responsibility for the operation
and maintenance of their water control works. Provided, that the South-
west Florida Water Management District shall not assume responsibility for
the operation of these structures prior to January 1, 1964 at midnight.











Section 5. Ptoviding 4ao water hed bas&in.--(l) All of the area of
the district shall be subdivided by the governing board of the district
into watershed basins to include each major stream and its tributary
streams and all lands draining therein except the area known as a Green
Swamp Watershed Basin, which is described as follows:

that portion of Township 27 South, Range 27 East lying within
the district and all of Township 27 South, Range 26 East; Town-
ship 27 South, Range 25 East; Township 27 South, Range 24 East;
Township 26 South, Range 23 East; Township 26 South, Range 24 East;
Township 26 South, Range 25 East; Township 26 South, Range 26 East;
Township 25 South, Range 22, 23, 24, 25, 26 East; Township 24
South, Range 23, 24, 25, 26 East; Township 23 South, Range 23, 24,
25 East.

The designation of such watershed basins shall be made by the District
Governing Board by resolutions thereof. The Governing Board of the
district may change the boundaries of watershed basins except Green Swamp
Watershed Basin to correct inequities or to create new watershed basins
or sub-watershed basins by resolution.

(2) Each watershed basin except the Green Swamp Watershed Basin
which shall be controlled by the Governing Board of the District shall
be under the control of a Basin Water Management Board which shall be
composed of one (1) representative from each of the included counties in
the basin who shall be appointed by the Governor. The county commissioners
of each of the included counties shall nominate freeholders of the basin
who shall be considered for such appointments by the Governor.

(3) Watershed basins, including all or part of two (2) counties only
shall have a board of three (3) members. One shall be nominated by each
board of county commissioners and the third shall be nominated by agree-
ment of both boards. All such nominees shall be appointed by the Governor.

(4) Watershed basins wholly contained in one (1) county shall have a
board of three (3) members. The three (3) members shall be nominated by
the board of county commissioners and appointed by the Governor.

(5) Each member of the various watershed management boards shall serve
for a period of three (3) years or until his successor is appointed by the
Governor, except that the initial boards in each watershed shall cast lots
to divide the board membership into three (3) groups as equally as possible
with members in such groups to serve one (1), two (2) and three (3) years,
respectively. Each board shall choose a vice chairman and secretary to
serve for a period of one (1) year. The term of office of board members
shall be construed to commence on July 1 preceding the date of their
appointment and terminate July 30 of the year of the end of their term.

(6) Members of the watershed management boards shall be compensated only
as provided in Chapter 378.15 (3) Laws of Florida.











(7) The member of the governing board of the district representing
the basin or representing the area including the basin shall be the ex
officio chairman of the basin water management board. The ex officio
chairman shall preside at all meetings of the basin water management
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.

Section 6. VutieU o ba.ia w ate management boaed6.--The various
basin water management boards shall be responsible for discharging
the following described functions in their respective watershed basins:

(1) Preparation of engineering plans for development of the water
resources of the basin and conduct public hearings on.such plans.

(2) Development and preparation of over-all basin plan of secondary
water control facilities for the guidance of sub-drainage districts
and private land owners in the development of their respective systems
of water control which will be connected to the primary works of the
basin to complement the engineering plan of primary works for the
basin.

(3) Prepare the annual budget for the basin and submit such budget
to the governing board of the district for inclusion in the district
budget.

(4) Final construction plans of the district for works to be con-
structed in the basin shall have prior approval of the basin water
management board.

(5) Administration of affairs of basin water management board.

Section 7. PouLding do a cue o6 da tic.at tax monies and watzuhked bcA-in
2Z moBtieA.--

(1) District wide tax levies are provided to produce the necessary
funds with which the district may finance the following activities:

(a) District administration including preliminary organization.

(b) In the watershed basin designated as Green Swamp engineering and
planning, including the preparation of detailed plans and specifications
for construction; the purchase of lands and rights of way for water
storage and related activities, including levees, canals and control
structures, and maintenance and operation of such district works.

(c) Maintenance and operation of all works covered by operating agree-
ments in Section 4 of this chapter.













(d) Providing, however, that no tax shall be assessed, levied or
collected under the provisions of this act in any county which is
now collecting taxes for the payment for construction, operation or
administration of structures which will become a part of the system
of.water controls in the district acquired to accomplish the pur-
poses of this act, until the tax year succeeding that in which the
negotiations for contract between the district and the basin for
operation and maintenance of the water control works are completed.
Provided further that nothing in this act shall be construed to
repeal or abrogate any of the powers, duties and authority of the
Oklawaha Basin Recreation and Water Conservation and Control Authority.

(1) Watershed basin tax monies shall be utilized for:

(a) Engineering studies of primary works of the basin.

(b) Payment for the preparation of final plans and
specifications for construction of basin works executed
by the. district.

(c) Payment of costs of construction of works in the
basin executed by the district.

(d) Payment for maintenance and operation of basin works
as carried out by the district.except as provided in
Section 7 (1) (c).

(e) Administrative activities of the basin water management
board.

(f) Payment for rights-of-way for works in the basin.

(g) Payment of costs of road, bridge, railroad and utilities
modifications and changes resulting from basin works.

Section 8. Ptovi4ding 6ot diZtx.t and watuVhed ba.in tax Z.evieA.--

(1) The Governing Board of the district is authorized to levy annually
an ad valorem tax on all property of the district subject to county taxes
not to exceed the amount necessary to provide that amount of money deter-
mined to be necessary for the purpose set forth in Section 7 (1) of this
chapter. Provided, however, such tax shall be determined in each county
lying wholly or in part within the district by multiplying the average
rate, at which the total assessed value of all taxable property within
the district must be taxed to raise the required amount of taxes, by a
fraction determined separately for each county, the numerator of which
shall be the average percentage of assessed value to true value of all
counties within the district as determined by the state railroad assess-
ment board for that year and the denominator of which shall be the per-
centage of assessed value to true value of the particular county for
which the annual tax rate is being determined; provided that for the year
1962 the average annual rate shall be one-tenth (1/10) mill on the dollar
($1.00) of assessed value of such property and in subsequent years the












annual tax rate for these purposes shall not exceed three-tenths (3/10)
mill on the dollar ($1.00) of assessed value of such property in any county
in the district. The maximum tax rate to be levied in any one (1) year
under the authority of this section shall not exceed three-tenths (3/10)
mill on the dollar ($1.00) of assessed value in the county within the
district having the lowest level of assessment as determined by the
state railroad assessment board and the rate of taxation for each of the
other counties shall be adjusted in proportion to the ratio of the level
of assessment in the county with the lowest assessment to the level of
assessment in the county for which the rate is being determined.

(2) A watershed basin tax levy shall be made by the governing board
of the district to finance the watershed basin functions enumerated in
Section 7 (2) above. The amount of money to be raised by said tax levy
shall be determined by the adoption of an annual budget by the district
board of governors and the average millage for the basin shall be that
amount required to raise the amount called for by the annual budget
when applied to the total assessment of the basin as determined for
county taxing purposes. The rate of taxation of each county shall be
determined by multiplying the average mileage by the ratio of the
average level of assessment in the basin to the level of assessment
in the county as determined by the state railroad assessment board.
Provided, that no such tax shall be levied within the basin unless and
until annual budget and required tax levy shall have been approved by
formal action of the basin water management board. Provided that no
county in the district shall be taxed under this provision at a rate to
- exceed one (1) mill.

(3) The taxes provided for in this section shall be extended by
the county tax assessor on the county tax roll in each county within or
partly within the district and shall be collected by the tax collector,
in the same manner and time as county taxes, and the proceeds therefrom
paid to said district. Said taxes shall be a lien until paid on the
property against which assessed, and enforceable in like manner as county
taxes. The tax assessor, tax collector and clerk of the circuit court of
the respective counties shall be entitled to compensation for services
performed in connection with such taxes at the same rates as apply to
county taxes.

(4) All lands, the title to which is vested in the trustees of the
internal improvement fund, located within the boundaries of the Southwest
Florida Water Management District shall be subject to the tax authorized
to be levied by this act and for such purpose shall be assessed in an
amount equal to the other lands in the same vicinity, which amount the
said trustees shall ascertain and certify to the governing board of the
district.

(5) It is hereby determined that the taxes authorized by this act are
in proportion to the benefits to be derived by the several parcels of
real estate within the district from the works authorized herein.















Section 9. Pxoviding got contimsation o development bo Peace Riven
Basin.--

(1) It is being contemplated .that the Southwest Florida Water Manage-
ment District and the Peace River Basin Water Management Board shall assume
responsibility for planning, constructing, and operating necessary water
management works .in the Peace River Basin wherein the Peace River valley
water conservation and drainage district created and established by
Chapter 59-1002, Laws of Florida, has authority, the said Peace River
valley water conservation and drainage district is hereby directed to
settle all outstanding obligations with funds on hand and to transfer all
remaining assets or obligations to the Southwest Florida Water Management
District effective June 30, 1963, at midnight. Any funds so transferred
shall be expended by the district board only with the approval of the
Peace River Basin Water Management Board.

(2) Peace River valley water conservation and drainage district,
organized and existing under Chapter 59-1002, Laws of Florida, is
abolished effective June 30, 1963, at midnight.

Section 10. WalduVe O poeweduAe cAating diattzrt.--By reason of the
creation of the Southwest Florida Water Management District by this
chapter, the provisions of Chapter 378, Florida Statutes, with reference
to the creation of such a district are not applicable.

Section 11. Exc~ u.ion o6 uton t n tutionat ph4aAAe.--If any word, phrase,
clause, sentence, paragraph or any other portion of this chapter should be
declared unconstitutional by any court of competent jurisdiction, the
decision of such court shall not affect or impair any of the remaining
provisions of this chapter. It is hereby declared to be the legislative
intent that this chapter would have been adopted had such unconstitutional
portion not been included therein.

Section 12. Con6icZt with othet tea. --In the event of a conflict between
the provisions of this chapter and the provisions of any other chapter,
the provisions of this chapter shall control to the extent of such conflict.

Section 13. Adequate puLbUC notic..--It is found and determined that
notice of intention to apply for this legislation was given in the time,
form, and manner required by the constitution and law. Said notice is found
to be sufficient and is hereby validated and approved.
Section 15. E6dective date od thki act.--This chapter shall take effect
at 12:01 A.M. on July 1, 1961.















RULES

OF THE
SOUTHWEST FLORIDA WATER

MANAGEMENT DISTRICT

CHAPTER 16J-0

GENERAL
PART 0 General


16J-0.001
16J-0.01
16J-0.02
16J-0.03
16J-0.10
16J-0.11
16J-0.111
16J-0.12

16J-0.13
16J-0.14
16J-0.15
16J-0.20
16J-0.30
16J-0.40


Description of Organization
Purpose
Definitions
Watershed Basins
Permit Application, Permit Forms and
Files
Preparation of Drawings and Sketches
Fee Schedule
Permits Contingent Upon Land Ownership
or Control
Bond
Reapplying for Permits
Minimum Rate of Flows and Levels
Publication and Notice
Hearings, Meetings, and Agendas
Forms and Instructions


16J-0.001 Description of Organization.
(-1) The Southwest Florida Water Management
District was created by Chapter 61-691, Laws of
Florida, as a public corporation for carrying out and
effectuating the provisions of Chapter 378, Florida
Statutes. Other than as provided in Chapter 61-691,
Laws of Florida, the District operates under and is
governed by the provisions of Chapter 373, Florida
Statutes.
(2) The District boundaries presently
encompass all or part of sixteen (16) counties as
listed below:
Charlotte Manatee
Citrus Marion
DeSoto Orange
Hardee Pasco
Hernando Pinellas
illsborough Polk
Lake Sarasota
Levy Sumter

(3) Works of the District are to be
constructed, owned, and maintained and operated
by the Governing Board of the District.
(a) The District has assumed responsibility
for planning, constructing, and operating necessary
water management works in the Peace River Basin
wherein the Peace River Valley Water Conservation
and Drainage District had authority prior to its
abolishment.
(b) The District has assumed responsibility as


local sponsoring agent to cooperate with the United
States in the manner provided by Congress for the
construction, operation, and maintenance of the
Four River Basins, Florida project.
(4) All of the area of the District has been
subdivided by the Governing Board into watershed
basins as described in Rule 16J-0.03. By resolution
the Governing Board may change the boundaries of
watershed basins except the Green Swamp watershed
basin to correct inequities or to create new watershed
basins or sub-watershed basins.
(5) The Governing Board of the District
controls the Green Swamp watershed basin. All other
watershed basins are under the control of basin water
management boards composed of one (1)
representative from each of the included counties in
the basin who are appointed by the Governor.
Watershed basins, including all or part of two (2)
counties only, or wholly contained in one (1) county,
shall have boards of three (3) members.
(6) The member of the Governing Board
representing the basin or representing the area
including the basin shall serve as ex officio chairman
of the basin water management board. The ex officio
chairman shall preside at all meetings of the basin
water management 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. Each
basin board shall choose the vice chairman and
secretary to serve for a period of one (1) year.
(7)(a) The District maintains a headquarters
for all District and Basin matters at its offices on U.
S. 41, seven (7) miles south of Brooksville, Florida,
or by mail to 5060 U.S. Highway 41 South,
Brooksville, Florida 33512. The public may obtain
information or make submissions or requests in
person at District headquarters or by mail to the
above address. Telephone service is maintained in
the Brooksville exchange area. Current telephone
numbers are listed in the telephone directories.
(b) Branch offices, temporary field offices
and operations' centers are maintained throughout
the District for greater efficiency, especially relating
to acquisition, construction, maintenance, and
operation.
(c) The District maintains office hours at its
headquarters Monday through Friday of each week,


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CHAPTER 16J-0 EEA up.N.8


except for officially sanctioned holidays, from 8:00
A.M. until 5:00 P.M.
(8) All forms and instructions used by the
District relating to all procedures other than
internal-administrative and ministerial have been
approved by the Governing Board and are set forth
in full in Rule 16J-0.40. The nature and
requirements of all formal and informal procedures
are set forth throughout these Rules in the
respective parts.
(9) Unless otherwise prescribed by law or in
these Rules, the Executive Director, or any
Governing Board member, with the concurrence of
the Chairman of the Governing Board, shall
determine whether each hearing shall be conducted
before the Governing Board, before a member of
the Governing Board, or before a Hearing Officer
assigned by the Division of Administrative Hearings
of the Department of Administration of the State
of Florida. If any member of the Board objects to
such determination, the matter will be presented to
the Board for further consideration. All hearings
will be conducted pursuant to Chapter 373, Florida
Statutes, and to these Rules and, in the absence of
applicable provisions herein, pursuant to the
provisions of the Administrative Procedure Act.
(10)(a) Any person may appear before the
Board in person or by representative to request a
declaratory statement as to the applicability of any
statutory provision or of any rule or order of the
agency or may file a written petition with the
District.
(b) The petition shall set forth the following:
1. Name of Petitioner.
2. Address of Petitioner.
3. District Rule on which declaratory
statement is sought.
4. Description of how this Rule affects or
does not affect petitioner's rights, privileges, and
immunities.
5. Signature of Petitioner.
6. Date signed.
(c) A declaratory statement is a means for
determining the rights of parties when a
controversy, or when doubt concerning the
applicability of any Rule or order, has arisen before
any wrong has actually been committed.
(d) The Governing Board may at its
discretion, or upon request, hold a hearing to
dispose of a petition submitted pursuant to this
section.
(e) A Governing Board order disposing of the
petition shall be rendered at the next regular
monthly meeting of the Governing Board held not
less than twenty-one (21) days after receipt of the
petition; provided however, if a hearing is granted,
the Governing Board disposing of the petition shall
be rendered at the regular monthly meeting of the
Governing Board following the hearing conclusion,
if the meeting was conducted before the Governing
Board; otherwise, the Governing Board order will be
rendered at the next regular monthly meeting of the
Governing Board held not less than fourteen (14)
days after the recommended order is received by
the Executive Director for distribution to all
members of the Governing Board.
Specific Authority 373.044. 373.113, 373.149. 373.171 FS.
Law Implemented 373.169 FS. 76-243, 61-691.Lawsof
Florida. History Readopted 10.6-74, Amended 12-31-74
10-24-76. 7-21-77.


16J-0.01 Purpose. The purpose of these rules
and regulations is to implement the declared water
policy of the Southwest Florida Water Management
District and the State of Florida by effecting the
maximum beneficial utilization, development, and
conservation of the water resources of the District in
the best interest of its people and to prevent the
depletion, deterioration, waste, and unreasonable use
of the resources. Pursuant to this purpose, rules and
regulations are hereby established to control and
regulate the waters within the geographical
boundaries of the District to carry out the intents and
purposes of the Florida Water Resources Act of 1972,
as amended.
Specifc Authority 373.044, 373.113, 373.149. 373.171 FS.
Law Implemented 373.016 FS. HItory-Readopted 105-74.



16J-0.02 Definitions. The terms set forth
herein shall have the meanings ascribed to them
unless the context clearly indicates otherwise, and
such meanings shall apply throughout these Rules. To
facilitate easier reference, certain terms defined by
applicable statute have been included herein with
appropriate citation. Terms which apply to only one
(1) part of these Rules are defined in the respective
part.
(1) "Act" means the Florida Water Resources
Act of 1972, as amended, together with all provisions
of Chapter 373, Florida Statutes, relating to Water
Management Districts and any amendments thereto
which may be made from time to time.
(2) "Aquifer" means a hydrologic unit which
consists of a geologic formation, a related group of
formations, or only part of a formation, which is
saturated with water and capable of transmitting
usable quantities of water to wells or springs.
(3) "Board" means the Governing Board.
(4) "Consumptive use" means any use of water
which reduces the supply from which it is withdrawn
or diverted.
(5) "District" means the Southwest Florida
Water Management District.
(6) "Domestic use" means any use of water for
individual personal needs or for household purposes
such as drinking, bathing, heating, cooking, or
sanitation. Subsection 373.019(7) FS.
(7) "Executive Director" means the Executive
Director of the District or the person designated by
the Board to act in his absence.
(8) "Governing Board" means the Governing
Board of Southwest Florida Water Management
District.
(9) "Impoundment" means any natural or
man-made lake, reservoir, pond, or other containment
of water occupying a bed or depression in the earth's
surface and having a discernible shoreline.
(10) "Minimumrate of flow" means the limit at
which further withdrawals from a stream or other
watercourse would be significantly harmful to the
water resources or ecology of the area.
(11) "Minimum level" means the level of the
water table or of the potentiometric surface of water
in an aquifer or the level of surface water at which
further withdrawals would be significantly harmful to
the water resources of the area.
(12) "Other watercourse" means any canal,


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SuVp. No. 83 GENERAL CHAPTER 16J-0


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. Subsection 373.019(13) FS.
(13) "Otherwise control" means any
contractual right, rental agreement, license, or permit
from an owner which an applicant has to exercise
authority over certain property, especially insofar as
it relates to the water resources of the property.
(14) "Person" means any and all persons,
natural or artificial, including any individual, firm,
association, organization, partnership, business trust,
corporation, company, the United States of America,
and the State and all political subdivisions, regions,
districts, municipalities, and public agencies thereof.
The enumeration herein is not intended to be
exclusive or exhaustive. Subsection 373.019(6) FS.
(15) "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 manner which is both reasonable and consistent
with the public interest. Subsection 373.019(5) PS.
(16) "Reservoir" means any artificial or
natural holding area which contains or will contain
the water impounded by a dam. Subsection
373.403(4) FS.
(17) "Stream" means any river, creek, slough,
or natural watercourse.
(18) "Water" or "waters in the District" means
any and all water on or beneath the surface of the
Spground 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
District.
(19) "Water Regulatory District" means the
Southwest Florida Water Management District
(Regulatory) created October 30, 1968, Pursuant to
authority of Chapter 373, Florida Statutes.
Specifa Authority 373.044. 373.113. 373.149. 373.171 FS.
Law Implemented 373.019. 373.403. 373.339 FS.
History-Readopted 10-5-74, Amended 12-31-74.
16J-0.03 Watershed Basins. Pursuant to
section 5 of Chapter 61-691, Law of Florida, the
area of the District is divided into watershed basins
to include each major stream and its tributary
streams and all lands draining therein except the
area known as the Green Swamp watershed basin.
(1) The area of the Green Swamp Basin is
located in parts of Lake, Sumter, Pasco, and Polk
Counties.
(a) That portion of the Green Swamp Basin
lying within Lake County is described as follows:
Begin at intersection of Lake-Sumter County
line with Lake-Polk County line;


Thence north along Lake-Sumter County line
to northwest corner of Section 6, Township 23
South, Range 24 East;
Thence east along township line between
Townships 22 and 23 South, to the northeast
corer of Section 1, Township 23 South, Range 24
East;
Thence South along the range" line between
Ranges 24 and 25 East; to the southwest comer of
Section 6, Township 24 South, Range 25 East;
Thence East along the section lines, to the
northeast comer of Section 8, Township 24 South,
Range 25 East:Thence South to the southeast
comer of Section 8, Township 24 South, Range 25 East;
Thence East along the section line, to the
northeast comer of Section 16, Township 24 South,
Range 25 East;
Thence South along the section lines, to the
southeast comer of Section 21, Township 24 South,
Range 25 East;
Thence East along the section lines, to the
northeast corner of Section 30, Township 24 South,
Range 26 East;
Thence South along the section lines, to the
southeast comer of Section 31, Township 24 South,
Range 26 East and the Lake-Polk County line;
Thence West along the Lake-Polk County line,
also being the township line between Townships 24
and 25 South, to the southwest corner of Section
35, Township 24 South, Range 25 East;
Thence North to the northwest comer of
Section 35, Township 24 South, Range 25 East;
Thence West along the section lines, to the
southwest corner of Section 30, Township 24
South, Range 25 East;
Thence South to the southeast comer of
Section 36, Township 24 South, Range 24 East and
the Lake-Polk County line;
Thence West along the Lake-Polk County line,
also being the township line between Townships 24
and 25 South, to the southwest corer of Section
31, Township 24 South, Range 24 East and the
Point of Beginning.
(b) That portion of the Green Swamp Basin
lying within Sumter County is described as follows:
Begin at intersection of Sumter-Polk County
line with Sumter-Pasco County line;
Thence north along Sumter-Pasco County line
to northwest corner of Section 6, Township 23
South, Range 23 East;
Thence east along township line to intersection
with Sumter-Lake County line;
Thence east along Sumter-Lake County line
to intersection with Polk-Lake County line;
Thence continue southerly and westerly along
Sumter-Polk County line to point of beginning.


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(c) That portion of the Green Swamp Basin
lying within Pasco County is described as follows:
Begin at southwest corner of Section 31,
Township 25 South, Range 22 East;
Thence north along range line to northwest
corner of Section 6, Township 25 South, Range 22
East;
Thence east along township line to intersection
with Pasco-Sumter County line;
Thence south along Pasco-Sumter County line
to intersection with Polk-Sumter County line;
Thence continue south and west along
Pasco-Polk County line to northwest comer of
Section 3, Township 26 South, Range 22 East;
Thence continue west along township line to
point of beginning.
(d) That portion of the Green Swamp Basin
lying within Polk County is described as follows:
Begin at southwest comer of Section 31,
Township 26 South, Range 23 East;
Thence north along range line between Ranges
22 and 23 East, to the northwest comer of Section
6, Township 26 South, Range 23 East and the
Pasco County line;
Continue North along the Polk-Pasco line to
the Sumter County line and the Withlacoochee
River;
Thence easterly along the Polk-Sumter County
line, also being the Withlacoochee River, to the
intersection with the range line between Ranges 23
and 24 East;
Thence North along the range line, also being
the Polk-Sumter County line to the northwest
comer of Section 6, Township 25 South, Range 24
East, and the Lake County line;
Thence East along the Polk-Lake County line,
to the northeast comer of Section 1, Township 25
South, Range 24 East;
Thence North along the range line between
Ranges 24 and 25 East, to the northwest corer of
Section 31, Township 24 South, Range 25 East;
Thence East along the section lines, also being
the Polk-Lake County line, to the northeast comer
of Section 34, Township 24 South, Range 25 East;
Thence South to the southeast comer of
Section 34, Township 24 South, Range 25 East;
Thence East along the Polk-Lake County line,
also being the township line, to the northeast corer
of Section 5, Township 25 South, Range 26 East;
Thence South to the southeast comer of
Section 8, Township 25 South, Range 26 East;
Thence East to the northeast comer of Section
16, Township 25 South, Range 26 East;
Thence South along the section lines to the
point of intersection of the west line of Section 27,
Township 27 South, Range 26 East, with the South
right-of-way line of State Route 600;
Thence East along the southerly right-of-way
line of State Route 600 to the Point of Intersection
with the East line of Section 29, Township 27
South, Range 27 East;
Thence South along the Section lines to the
southeast corner of Section 32, Township 27 South,
Range 27 East;
Thence West along the township line between
Townships 27 and 28 South, to the southwest
comer of Section 31, Township 27 South, Range 24
East;
Thence North along the Range line between


Ranges 23 and 24 East, to the southeast corner of
Section 36, Township 26 South, Range 23 East;
Thence West along the township line between
Townships 26 and 27 South to the southwest
comer of Section 31. Township 26 South, Range 23
East and the Point of Beinning.
(2) The area of the Alafla River Basin is
located in parts of Hillsborough and Polk Counties.
(a) That portion of the Alafia River Basin
located in Hillsborough County is described as
follows:
Begin at intersection of Hillsborough-Manatee
County line with Gulf of Mexico;
Thence easterly along Hillsborough-Manatee
County line to intersection with Hillsborough-Polk
County line;
Thence north along Hillsborough-Polk County
line to northeast corner of Section 25, Township 28
South, Range 22 East;
Thence west to northwest corner of Section 27,
Township 28 South, Range 22 East;
Thence south to southeast corner of Section
33, Township 28 South, Range 22 East;
Thence west to southwest corner of Section 32,
Township 28 South, Range 22 East;
Thence south to southeast corner of Section 6,
Township 29 South, Range 22 East;
Thence west to southwest corner of Section 6,
Township 29 South, Range 22 East;
Thence north to northeast corner of Section 1,
Township 29 South, Range 21 East;
Thence west to northeast corer of Section 4,
Township 29 South, Range 21 East;
Thence south to southeast corner of Section 9,
Township 29 South, Range 21 East;
Thence west to northwest corner of Section 17,
Township 29 South, Range 21 East;
Thence south to southwest corner of Section
17, Township 29 South, Range 21 East;
Thence west to southeast corner of Section 14,
Township 29 South, Range 20 East;
Thence south to southwest corner of Section
24, Township 29 South, Range 20 East;
Thence west to McKay Bay and section line
between Sections 21 and 28, Township 29 South,
Range 19 East;
Thence southerly and westerly through McKay,
Hillsborough, and Tampa Bays to point of beginning.
(b) That portion of the Alafia River Basin
located within Polk County is described as follows:
Begin at southwest corner of Section 7,
Township 32 South, Range 23 East;
Thence east to southeast corer of Section 8,
Township 32 South, Range 23 East;
Thence north to northwest comer of Section 9,
Township 32 South, Range 23 East;
Thence east to northeast corner of Section 9,
Township 32 South, Range 23 East;
Thence north to northwest corner of Section 3,
Township 32 South, Range 23 East;
Thence east to southeast corner of Section 31,
Township 31 South, Range 24 East;
Thence north to southwest corner of Section
17, Township 31 South, Range 24 East;
Thence east to southeast corner of Section 17,
Township 31 South, Range 24 East;
Thence north to northwest corner of Section 4,
Township 31 South, Range 24 East;
Thence east to northeast corner of Section 4,


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CHAPTER 16,1-0 GENERAL Sung. No. 83


Township 31 South, Range 24 East;
Thence north to northeast corner of Section 4,
Township 30 South, Range 24 East;
Thence west along township line to southwest
corner of Section 33, Township 29 South, Range 24
East:
Thence north to northeast corner of Section
32, Township 29 South, Range 24 East;
Thence west to southwest corner of Section 29,
Township 29 South, Range 24 East;
Thence north to northeast corner of Section
18, Township 29 South, Range 24 East;
Thence west to southwest corner of Section 7,
Township 29 South, Range 24 East;
Thence north to northeast corner of Section
25, Township 28 South, Range 23 East;
Thence west to Polk-Hillsborough County line;
Thence south along Polk-Hillsborough County
line to point of beginning.
(3) The area of the Crystal-Homosassa River
Basin is located entirely within Citrus County and is
described as follows:
Begin at intersection of Citrus-Hernando
County line with Gulf of Mexico;
Thence east along Citrus-Hernando County line
to southeast corner of Section 11, Township 21
South. Range 19 East;
Thence north to northeast corer of Section
11, Township 21 South, Range 19 East;
Thence west to southwest corer of Section 2,
Township 21 South, Range 19 East;
Thence north to northwest corer of Section
35, Township 20 South, Range 19 East;
Thence east to southeast corner of Section 26,
Township 20 South, Range 19 East;
Thence north to northeast corner of Section
23, Township 20 South, Range 19 East;
Thence west to southwest corner of Section 15,
Township 20 South, Range 19 East;
Thence north to northeast corner of Section 4,
Township 20 South, Range 19 East;
Thence west to southwest corner of Section 33,
Township 19 South, Range 19 East;
Thence north to northeast corner of Section 6,
Township 19 South, Range 19 East;
Thence west to southwest corner of Section 31,
Township 18 South, Range 19 East;
Thence north to northeast corer of Section
25, Township 18 South, Range 18 East;
Thence west to southwest corner of Section 21,
Township 18 South, Range 18 East;
Thence north to northeast corner of Section
17, Township 18 South, Range 18 East;
Thence west to southwest corner of Section 8,
Township 18 South, Range 18 Rast;
Thence north to northeast corner of Section 7,
Township 18 South, Range 18 East;
Thence west to southwest comer of Section 6,
Township 18 South, Range 18 East;
Thence north to northeast corner of Section 1,
Township 18 South, Range 17 East;
Thence west to southwest corner of Section 31,
Township 17 South, Range 17 East;
Thence north to northeast corner of Section
36, Township 17 South, Range 16 East;
Thence west to southwest corner of Section 25,
Township 17 South, Range 16 East;
Thence north to northeast corner of Section
23, Township 17 South, Range 16 East;
Thence west to Gulf of Mexico;


Thence south along coast of Gulf of Mexico to
point of beginning.
(4) The area of the Hillsborough River Basin is
located in parts of Hillsborough, Polk, Pasco, and
Hernando Counties.
(a) That portion of the Hillsborough River
Basin located within Hillsborough County is
described as follows:
Begin at intersection of section line between
Sections 33 and 34, Township 30 South, Range 18
East, with Tampa Bay;
Thence north to northwest corner of Section
27, Township 28 South, Range 18 East;
Thence east to southeast corer of Section 22,
Township 28 South, Range 18 East;
Thence north to northwest corner of Section
23, Township 28 South, Range 18 East;
Thence east to southeast corner of SW 1/4 of
Section 14, Township 28 South, Range 18 East;
Thence north to northwest corner of NE 1/4 of
Section 2, Township 28 South, Range 18 East;
Thence east to southeast comer of SW 1/4 of
Section 36, Township 27 South, Range 18 East;
Thence north to northeast corner of NW 1/4 of
Section 25, Township 27 South, Range 18 East;
Thence west to southeast corner of SW 1/4 of
SW 1/4 of Section 24, Township 27 South, Range 18
East;
Thence north to northeast corner of NW 1/4 of
NW 1/4 of Section 13, Township 27 South, Range 18
East;
Thence east to southeast corner of SW 1/4 of
Section 12, Township 27 South, Range 18 East;
Thence north to Hillsborough-Pasco County
line;
Thence east along Hillsborough-Pasco County
line to intersection with Pasco-Polk County line;
Thence continue east and south along
Hillsborough-Polk County line to southeast corner of
Section 24, Township 28 South, Range 22 East;
Thence west to northwest corner of Section 27,
Township 28 South, Range 22 East;
Thence south to southeast corner of Section
33, Township 28 South, Range 22 East;
Thence west to southwest corner of Section 32,
Township 28 South, Range 22 East;
Thence south to southeast corner of Section 6,
Township 29 South, Range 22 East;
Thence west to southwest corner of Section 6,
Township 29 South, Range 22 East;
Thence north to northeast comer of Section 1,
Township 29 South, Range 21 East;
Thence west to northeast corner of Section 4,
Township 29 South, Range 21 East;
Thence south to southeast corner of Section 9,
Township 29 South, Range 21 East;
Thence west to northwest corner of Section 17,
Township 29 South, Range 21 East;
Thence south to southwest corner of Section
17, Township 29 South, Range 21 East;
Thence west to southeast corner of Section 14,
Township 29 South, Range 20 East;
Thence south to southwest comer of Section
24, Township 29 South, Range 20 East;
Thence west to McKay Bay and section line
between Sections 21 and 28, Township 29 South,
Range 19 East;
Thence southerly and westerly through McKay,
Hillsborough, and Tampa Bays to point of beginning.


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(b) That portion of the Hillsborough River
Basin located within Polk County divides into two
separate parts.
1. The first part of the portion of the
Hillsborough River Basin located within Polk County
is described as follows:
Begin at southwest corner of Section 19,
Township 28 South, Range 23 East;
Thence north along Hillsborough-Polk County
line to northwest comer of Section 6, Township 27
South, Range 23 East;
Thence east to northeast corner of Section 1,
Township 27 South, Range 23 East;
Thence south to southeast corner of Section
12, Township 27 South, Range 23 East;
Thence west to northwest corner of Section 13,
Township 27 South, Range 23 East;
Thence south to southeast corner of Section
14, Township 27 South, Range 23 East;
Thence west to northwest corner of Section 23,
Township 27 South, Range 23 East;
Thence south to southwest corner of Section 2,
Township 28 South, Range 23 East;
Thence east to northeast comer of Section 11,
Township 28 South, Range 23 East;
Thence south to southwest corner of Section
13, Township 28 South, Range 23 East;
Thence east to northeast corner of Section 24,
Township 28 South, Range 23 East;
Thence south to southeast corner of Section
24, Township 28 South, Range 23 East;
Thence west to point of beginning.
2. The second part of the portion of the
Hillsborough River Basin located within Polk County
is described as follows:
Begin at southeast corner of Section 36,
Township 26 South, Range 22 East;
Thence west along Polk-Hillsborough County
line to intersection with Polk-Pasco County line;
Thence north and east along Polk-Pasco County
line to northeast corner of Section 1, Township 26
South, Range 22 East;
Thence south to point of beginning.
(c) That portion of the Hillsborough River
Basin located within Pasco County is described as
follows:
Begin at southwest corner of Section 36,
Township 26 South, Range 18 East;
Thence north to northwest corner of Section
13, Township 25 South, Range 18 East;
Thence east to southeast corner of Section 12,
Township 25 South, Range 18 East;
Thence north to northwest corner of Section 7,
Township 25 South, Range 19 East;
Thence east to southeast corner of Section 6,
Township 25 South, Range 19 East;
Thence north to northwest corner of Section 5,
Township 25 South, Range 19 East;
Thence east to southeast comer of Section 33,
Township 24 South, Range 19 East;
Thence north to northwest corner of Section
34, Township 24 South, Range 19 East;
Thence east to southeast corner of Section 27,
Township 24 South, Range 19 East;
Thence north to northwest corner of Section
26, Township 24 South, Range 19 East;
Thence east to southeast corner of Section 23,
Township 24 South, Range 19 East;
Thence north to Pasco-Hernando County line;
Thence east along Pasco-Hernando County line


to northeast corner of Section 2, Township 24 South,
Range 20 East;
Thence south to southwest corner of Section 1,
Township 25 South, Range 20 East;
Thence east to Northeast corner of Section 12,
Township 25 South, Range 20 East;
Thence south to southwest corner of Section
18, Township 25 South, Range 21 East;
Thence east to northeast corner of Section 19,
Township 25 South, Range 21 East;
Thence south to southwest corner of Section
20, Township 25 South, Range 21 East;
Thence east to northeast corner of Section 29,
Township 25 South, Range 21 East;
Thence south to southwest corner of Section
28, Township 25 South, Range 21 East;
Thence east to northeast corner of Section 36,
Township 25 South, Range 21 East;
Thence south to southwest corner of Section
31, Township 25 South, Range 22 East;
Thence east to northeast corner of Section 4,
Township 26 South, Range 22 East;
Thence south along Pasco-Polk County line to
intersection with Pasco-Hillsborough County line;
Thence west along Pasco-Hillsborough County
line to point of beginning.
(d) That portion of the Hillsborough River
Basin located within Hernando County is described as
follows:
Begin at southwest corner of Section 36,
Township 23 South, Range 19 East;
Thence north to northwest corner of Section
25, Township 23 South, Range 19 East;
Thence east to southeast corner of Section 21,
Township 23 South, Range 20 East;
Thence north to northwest corner of Section
22, Township 23 South, Range 20 East;
Thence east to northeast corner of Section 24,
Township 23 South, Range 20 East;
Thence south to southeast corner of Section
25, Township 23 South, Range 20 East;
Thence west to northwest corner of Section 36,
Township 23 South, Range 20 East;
Thene south to Hernando-Pasco County line.
Thence west along Hernando-Pasco County line
to point of beginning.
(5) The area of the Northwest Hillsborough
Basin is located entirely within Hillsborough County
and is described as follows:
Begin at the point on the Hillsborough-Pinellas
County line one mile south of Road 60 in Old Tampa
Bay;
Thence north along Hillsborough-Pinellas
County line to northwest corner of Section 6,
Township 27 South, Range 17 East;
Thence east along Hilisborough-Pasco County
line to northeast corner of NW 1/4 of Section 1,
Township 27 South, Range 18 East;
Thence south to southeast corner of SW 1/4 of
Section 12, Township 27 South, Range 18 East;
Thence west to northwest corner of NE 1/4 of
NW 1/4 of Section 13, Township 27 South, Range 18
East;
Thence south to northeast corner of NW 1/4 of
NW 1/4 of Section 25, Township 27 South, Range 18
East;
Thence east to northwest corner of NE 1/4 of
Section25, Township 27 South, Range 18 East;
Thence south to southeast corner of SW 1/4 of
Section 36, Township 27 South, Range 18 East;


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CHAPTER 16J-O GENERAL Supp. No. 83


Thence west to northeast corner of NW 1/4 of
Section 2, Township 28 South, Range 18 East;
Thence south to southeast corner of SW 1/4 of
Section 14, Township 28 South, Range 18 East;
Thence west to northeast corner of Section 22,
Township 28 South, Range 18 East;
Thence south to southeast corner of Section
22, Township 28 South, Range 18 East;
Thence west to northwest corner of Section 27,
Township 28 South, Range 18 East;
Thence south to intersection of section line
between Sections 33 and 34, Township 30 South,
Range 18 East with Tampa Bay;
Thence westerly in Tampa Bay to
Hillsborough-Pinellas County line;
Thence northerly and westerly in Tampa Bay
along Hillsborough-Pinellas County line to point of
beginning.
(6) The area of the Manasota Basin is located
within Manatee and Sarasota Counties:
(a) That portion of Manasota Basin in
Manatee County is described as follows:
Begin at intersection of Hillsborough-Manatee
County Line with Gulf of Mexico;
Thence easterly along Hillsborough-Manatee
County Line to intersection with Manatee- Hardee
County Line;
Thence south along the Manatee-Hardee
County Line to the southeast Corner of Section 36,
Township 37 South, Range 22 East;
Thence west along the Manatee-Sarasota
County Line to the southwest corner of Section 31,
Township 37 South, Range 21 East;
Thence north along the Manatee-Sarasota
County Line to the southeast corner of Section 36,
Township 35 South, Range 20 East;
Thence west along the Manatee-Sarasota
County Line to Gulf of Mexico;
Thence north along the coast of Gulf of
Mexico to Point of Beginning.
(b) That portion of Manasota Basin in
Sarasota County is described as follows:
Begin at intersection of Manatee-Sarasota
County Line with Gulf of Mexico;
Thence east along the Manatee-Sarasota
County Line to the northeast comer of Section 1,
Township 36 South, Range 20 East;
Thence south along the Manatee-Sarasota
County Line to the northwest comer of Section 6,
Township 38 South, Range 21 East;
Thence east along the Manatee-Saraota
County Line to the Sarasota-DeSoto County Line;
Thence south along the DeSota-Sarasota
County Line to the Charlotte-Sarasota County Line;
Thence west along the Charlotte-Sarasota
County Line to the southeast corner of Section 36,
Township 39 South, Range 20 East;
Thence south along the Charlotte-Sarasota
County Line to the northeast corner of Section 1,
Township 41 South, Range 20 East;
Thence west along the Charlotte-Sarasota
County Line to the Gulf of Mexico;
Thence north along coast of Gulf of Mexico to
Point of Beginning.
(b) That portion of the Oklawaha River Basin
located within Lake County is described as follows:


(7) The area of the Pinellas-Anclote River
Basin is located in parts of Pinellas and Pasco
Counties.
(a) That portion of the Pinellas-Anclote River
Basin located within Pinellas County is described as
follows:
Begin at the point on Pinellas-Hillsborough
County line one mile south of Road 60 in Old Tampa
Bay;
Thence north along Pinellas-Hillaborough
County line to intersection with Pinellas-Pasco
County line;
Thence west along Pinellas-Pasco County line to
Gulf of Mexico;
Thence southerly in Gulf of Mexico to
Pinellas-Hillsborough County line;
Thence easterly and northerly along
Pinellas-Hillaborough County line to point of
beginning.
(b) That portion of the Pinellas-Anclote River
Basin located within Pasco County is described as
follows:
Begin at southeast corner of Section 35,
Township 26 South, Range 18 East;
Thence north to northeast corner of Section
35, Township 25 South, Range 18 East;
Thence west to northwest corner of Section 32,
Township 25 South, Range 18 East;
Thence south to southeast corner of Section
31, Township 25 South, Range 18 East;
Thence west along township line to northwest
corner of Section 2, Township 26 South, Range 17
East;
Thence south to southeast corner of Section 3,
Township 26 South, Range 17 East;
Thence west to northwest corner of Section 9,
Township 26 South, Range 17 East;
Thence south to southeast corner of Section 8,
Township 26 South, Range 17 East;
Thence west to northwest corner of Section 16,
Township 26 South, Range 16 East;
Thence south to southeast corner of Section
17, Township 26 South, Range 16 East;
Thence west to northwest corner of Section 20,
Township 26 South, Range 16 East;
Thence south to southeast corner of Section
30, Township 26 South, Range 16 East;
Thence west to Gulf of Mexico;
Thence southerly in Gulf of Mexico to
Pasco-Pinellas County line;
Thence east along Pasco-Pinellas County line to
point of beginning.
(8) The area of the Pithlachascotee River Basin
is located in parts of Hernando and Pasco Counties.
(a) That portion of the Pithlachascotee River
Basin located within Hernando County is described as
follows:
Begin at intersection of Gulf of Mexico with
Hernando-Pasco County line;
Thence east along Herando-Pasco County line
to southeast corner of Section 35, Township 23
South, Range 19 East;
Thence north to northeast corner of Section 2,
Township 23 South, Range 19 East;
Thence west to southwest corner of Section 35,
Township 22 South, Range 19 East;
Thence north to northwest corner of Section


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14, Township 22 South, Range 19 East;
Thence east to southeast corner of Section 11,
Township 22 South, Range 19 East;
Thence north to Hernando-Citrus County line;
Thence west, thence north, thence west, along
Hernando-Citrus County line to Gulf of Mexico;
Thence south along shore of Gulf of Mexico to
point of beginning.
(b) That portion of the Pithlachascotee River
Basin located within Pasco County is described as
follows:
Begin at intersection of the section line
between Sections 27 and 34, Township 26 South,
Range 15 East, extended, with the Gulf of Mexico.
Thence east to southeast corner of Section 30,
Township 26 South, Range 16 East;
Thence north to northwest corer of Section
20, Township 26 South, Range 16 East;
Thence east to southeast comer of Section 17,
Township 26 South, Range 16 East;
Thence north to northwest corner of Section
16, Township 26 South, Range 16 East;
Thence east to southeast corner of Section 8,
Township 26 South, Range 17 East;
Thence north to northwest corner of Section 9,
Township 26 South, Range 17 East;
Thence east to southeast corner of Section 3,
Township 26 South, Range 17 East;
Thence north to northwest corer of Section 2,
Township 26 South, Range 17 East;
Thence east to southeast corner of Section 31,
Township 25 South, Range 18 East;
Thence north to northwest corner of Section
32, Township 25 South, Range 18 East;
Thence east to southeast corner of Section 26,
Township 25 South, Range 18 East;
Thence north to northwest corer of Section
13, Township 25 South, Range 18 East;
Thence east to southeast corner of Section 12,
Township 25 South, Range 18 East;
Thence north to northwest corner of Section 7,
Township 25 South, Range 19 East;
Thence east to southeast corner of Section 6,
Township 25 South, Range 19 East;
Thence north to northwest corer of Section 5,
Township 25 South, Range 19 East;
Thence east to southeast corner of Section 33,
Township 24 South, Range 19 East;
Thence north to northwest corner of Section
34, Township 24 South, Range 19 East;
Thence east to southeast corner of Section 27,
Township 24 South, Range 19 East;
Thence north to northwest corner of Section
26, Township 24 South, Range 19 East;
Thence east to southeast comer of Section 23,
Township 24 South, Range 19 East;
Thence north to Pasco-Hernando County line;
Thence west along Pasco-Herando County line
to Gulf of Mexico;
Thence south along shore of Gulf of Mexico to
point of beginning.
(9) The area of the Withlacoochee River Basin
is located in parts of Citrus, Hernando, Lake, Levy,
Marion, Pasco, and Sumter Counties.
(a) That portion of the Withlacoochee River
Basin located within Hernando County is described
as follows:
Begin at southwest corer of Section 24,


Township 23 South, Range 19 East;
Thence east to southeast comer of Section 21,
Township 23 South, Range 20 East;
Thence north to northwest corer of Section
22, Township 23 South, Range 20 East;
Thence east to northeast comer of Section 24,
Township 23 South, Range 20 East;
Thence continue east along Hernando-Pasco
County line to southeast corner of Section 13,
Township 23 South, Range 22 East;
Thence northerly and northwesterly along
Henando-Sumter County line to intersection with
Hernando-Citrus County line;
Thence west along Hernando-Citrus County
line to northwest comer of Section 13, Township
21 South, Range 19 East;
Thence south to southeast comer of Section
11, Township 22 south, Range 19 East;
Thence west to northwest corer of Section
14, Township 22 South, Range 19 East;
Thence south to southwest corer of Section
35, Township 22 South, Range 19 East;
Thence east to northeast comer of Section 2,
Township 23 South, Range 19 East;
Thence south to point of beginning; and
The area contained in Section 36, Township
23 South, Range 20 East;
(b) That portion of the Withlacoochee River
Basin located within Pasco County is described as
follows:
Begin at northwest corner of Section 1,
Township 24 South, Range 20 East;
Thence south to southwest corer of Section
1, Township 25 South, Range 20 East;
Thence east to northeast comer of Section 12,
Township 25 South, Range 20 East;
Thence south to southwest corner of Section
18, Township 25 South, Range 21 East;
Thence east to northeast corner of Section 19,
Township 25 South, Range 21 East;
Thence south to southwest corer of Section
20, Township 25 South, Range 21 East;
Thence east to northeast comer of Section 29,
Township 25 South, Range 21 East;
Thence south to southwest corner of Section
28, Township 25 South, Range 21 East;
Thence east to southeast comer of Section 25,
Township 25 South, Range 21 East;
Thence north to northwest corner of Section
6, Township 25 South, Range 22 East;
Thence east to Pasco-Sumter County line;
Thence north along Pasco-Sumter County line
to intersection with Pasco-Hernando County line;
Thence west along Pasco-Herando County
line to northwest comer of Section 19, Township
23 South, Range 21 East;
Thence south to northeast corer of Section 1,
Township 24 South, Range 20 East;
(c) That portion of the Withlacoochee River
Basin located within Sumter County is described as
follows:
Begin at southwest corer of Section 31,
Township 22 South, Range 23 East;
Thence east to Sumter-Lake County line;
Thence north along Sumter-Lake County line
to intersection of Sumter-Marion County line;
Thence west along Sumter-Marion County line
to intersection Sumter-Citrus County line;
Thence southerly along Sumter-Citrus County


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CATRI-0GENERAL W.. 212*~


line to intersection with Citrus-Hernando County
line;
Thence southerly along Sumter-Hemando
County line to point of beginning.
(d) That portion of the Withlacoochee River
Basin lying within Marion County is described as
follows:
All of that portion of Marion County lying
West of the westerly right-of-way line of US.
Interstate Route 75.
(e) That portion of the Withlacoochee River
Basin lying within Levy County is described as
follows:
Begin where the easterly line of Levy County
intersects the Withlacoochee River, said line also
being the range line between Ranges 17 and 18
East;
Thence North, along the range line, to the
northeast corer of Section 1, Township 15 South,
Range 17 East;
Thence East, along the township line between
Townships 14 and 15 South, to the southeast
corner of Section 33, Township 14 South, Range 19
East and the Marion County line;
Thence North, along the section lines, also
being the Levy County line, to the northeast corner
of Section 4. Township 12 South, Range 19 East
and the Alachua County line;
Thence westerly, along the township line, also
being the Levy-Alachua County fine, to the
northeast comer of Section 1, Township 12 South,
Range 17 East;
Thence North, along the Levy-Alachua County
line, also being the range line between Ranges 17
and 18 East, to the southerly right-of-way line of
State Road No. 24;
Thence southwesterly along said southerly
right-of-way line to the easterly right-of-way line of
State Road No. 337;
Thence southerly, along said easterly
right-of-way line of State Road No. 337, to the
South line of Section 35, Township 14 South,
Range 17 East;
Thence West along the section line to the
northwest comer of Section 3, Township 15 South,
Range 17 East;
Thence South along the section lines to the
southwest corner of Section 27, Township 15
South, Range 17 East;
Thence West to the Gulf of Mexico;
Thence South, along the Gulf of Mexico,
including the waters of said gulf within the
jurisdiction of the State of Florida, to the South
boundary line of Levy County and its westerly
extension.
Thence easterly, along the Levy-Citrus County
line to the Marion County line and the Point of
Beginning.
(f) That portion of the Withlacoochee River
Basin located within Citrus County is described as
follows:
Begin at southwest corner of Section 12,
Township 21 South, Range 19 East;
Thence east along Citrus-Hernando County line
to intersection with Citrus-Sumter County line;
Thence northerly and northwesterly along
Citrus-Sumter County line to intersection with
Marion-Sumter County line;
Thence continue northwesterly along


Citrus-Marion County line to intersection with
Marion-Levy County line;
Thence westerly along Citrus-Levy County line
to intersection with Gulf of Mexico;
Thence south along coast of Gulf of Mexico to
northwest comer of Section 19, Township 17
South, Range 16 East;
Thence east to northeast corner of Section 23,
Township 17 South, Range 16 East;
Thence south to southwest comer of Section
25, Township 17 South, Range 16 East;
Thence east to northeast corner of Section 36,
Township 17 South, Range 16 East;
Thence south to southwest corner of Section
31, Township 17 South, Range 17 East;
Thence east to northeast corer of Section 1,
Township 18 South, Range 17 East;
Thence south to southwest comer of Section
6, Township 18 South, Range 18 East;
Thence east to northeast corner of Section 7,
Township 18 South, Range 18 East;
Thence south to southwest comer of Section
8, Township 18 South, Range 18 East;
Thence east to northeast corner of Section 17,
Township 18 South, Range 18 East;
Thence south to southwest comer of Section
21, Township 18 South, Range 18 East;
Thence east to northeast corner of Section 25,
Township 18 South, Range 18 East;
Thence south to southwest comer of Section
31, Township 18 South, Range 19 East;
Thence east to northeast comer of Section 6,
Township 19 South, Range 19 East;
Thence south to southwest comer of Section
33, Township 19 South, Range 19 East;
Thence east to northeast corner of Section 4,
Township 20 South, Range 19 East;
Thence south to southwest comer of Section
15, Township 20 South, Range 19 East;
Thence east to northeast comer of Section 23,
Township 20 South, Range 19 East;
Thence south to southeast comer of Section
26, Township 20 South, Range 19 East;
Thence west to northwest corner of Section
35, Township 20 South, Range 19 East;
Thence south to southwest comer of Section
2, Township 21 South, Range 19 East;
Thence east to northeast corner of Section 11,
Township 21 South, Range 19 East;
Thence south to point of beginning.
(10) The area of the Peace River Basin is
located in parts of Polk, Hardee, Highlands, DeSoto,
and Charlotte Counties.
(a) That portion of the Peace River Basin
located with Polk County is defined as follows:
Begin at southwest comer of Section 31,
Township 32 South, Range 23 East;
Thence north along the Polk-Hillsborough
County line to northwest comer of Section 18,
Township 32 South, Range 23 East;
Thence east to northeast comer of Section 17,
Township 32 South, Range 23 East;
Thence north to northwest corner of Section
9, Township 32 South, Range 23 East;
Thence east to northeast comer of Section 9,
Township 32 South, Range 23 East;
Thence north to northwest comer of Section
3, Township 32 South, Range 23 East;


58


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Supp. No.96 GENERAL CHAPTER 16J-0


Thence east to northeast corner of Section 6,
Township 32 South, Range 24 East;
Thence north to northwest comer of Section
20, Township 31 South, Range 24 East;
Thence east to northeast comer of Section 20,
Township 31 South, Range 24 East;
Thence north to northwest corner of Section
4, Township 31 South, Range 24 East;
Thence east to northeast corner of Section 4,
Township 31 South, Range 24 East;
Thence north to northwest corner of Section
3, Township 30 South, Range 24 East;
Thence west to the southwest corer of
Section 33, Township 29 South, Rane 24 East;
Thence north to northwest corner of Section
33, Township 29 South, Range 24 East;
Thence west to southwest corner of Section
29, Township 29 South. Range 24 East;
Thence north to northwest corner of Section
17, Township 29 South, Range 24 East;
Thence west to southwest corner of Section 7,
Township 29 South, Range 24 East;
Thence north to northwest corner of Section
19, Township 28 South, Range 24 East;
Thence west to southwest corner of Section
13, Township 28 South, Range 23 East;
Thence north to northwest corner of Section
12, Township 28 South, Range 23 East;
Thence west to southwest comer of Section 2,
Township 28 South, Range 23 East;
Thence north to northwest corner of Section
23, Township 27 South, Range 23 East;
Thence east to northeast corner of Section 23,
Township 27 South, Range 23 East;
Thence north to northwest comer of Section
13, Township 27 South, Range 23 East;
Thence east to northeast corner of Section 13,
Township 27 South, Range 23 East;
Thence south to southwest comer of Section
31, Township 27 South, Range 24 East;
Thence East along the township line between
Townships 27 and 28 South to the southeast corner
of Section 32, Township 27 South, Range 27 East;
Thence North to the northwest corner of
Section 4, Township 27 South, Range 27 East, and
the township line;
Thence West to the southwest comer of
Section 32, Township 26 South, Range 27 East;
Thence North to the southeast comer of
Section 18, Township 26 South, Range 27 East;
Thence West to the southwest corner of
Section 18, Township 26 South, Range 27 East, and
the range line;
Thence North along the range line between
Ranges 26 and 27 East, to the northwest comer of
Section 6, Township 26 South, Range 27 East and
the Polk-Oscola County line;
Thence East along the Polk-Osceola County line
to the northeast corner of Section 1, Township 26
South, Range 27 East;
Thence South along the range Ime between
Ranges 27 and 28 East to the northerly margin of
Lake Marion;
Thence Southerly, along the Westerly margin
of Lake Marion, to its intersection with the range
line between Ranges 27 and 28 East;
Thence Southerly, along said range line, to the
South boundary of Township 27 South;
Thence Easterly, along said township line, to
the intersection of said township line with Lake


Marion;
Thence following the south shore line of Lake
Marion to its intersection again with said township
line;
Thence East, along said township line, to the
northwest corner of Section 5, Township 28 South,
Range 28 East;
Thence South along the section line to the
southwest corner of Section 8, Township 28 South,
Range 28 East;
Thence East along the section line to the
northwest corner of Section 16, Township 28
South, Range 28 East;
Thence South, along the section line to the
southwest corner of Section 16, Township 28
South, Range 28 East;
Thence East along the section line to the
northwest corer of Section 23, Township 28
South, Range 28 East;
Thence South along the section line to the
northeast corner of Section 3, Township 29 South,
Range 28 East;
Thence West along the section line to the
northwest corner of Section 3, Township 29 South,
Range 28 East;
Thence North along the section line to the
northeast corner of the southeast V of Section 28,
Township 28 South, Range 28 East;
Thence West along the North boundary of the

southeast % to the northwest comer of the
southeast % of said Section 28;
Thence South along the West boundary of the
southeast V to its intersection with the shore line of
Lake Pierce;
Thence follow the shore line generally
southwesterly to its intersection with the North
boundary of the south of the southwest / of said
Section 28;
Thence West along said North boundary to
the northwest comer of the South % of the
southwest of said Section 28;
Thence South along the section line to the
southwest corner of Section 33, Township 28
South, Range 28 East;
Thence West along the section line to the
northwest corner of Section 5, Township 29 South,
Range 28 East;
Thence South along the section line to its
intersection with the West shore line of Lake Pierce;
Thence following the West shore line of Lake
Pierce to its intersection with the West boundary of
Section 8, Township 29 South, Range 28 East;
Thence South along the section line to the
northwest comer of Section 20, Township 29
South, Range 28 East;
Thence East along the North boundaries of
Sections 20, 21, 22, 23 and 24, Township 29
South, Range 28 East, and Section 19, Township 29
South, Range 29 East to the northeast comer of
said Section 19;
Thence South along the section line to the
southwest corner of Section 32, Township 29
South, Range 29 East;
Thence East along the section line to the
northeast corner of the northwest of Section 5,
Township 30 South, Range 29 East;
Thence South to the southeast corer of the
southwest of Section 8, Township 30 South,
Range 29 East;
Thence West along the section line to the


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CHAPTER 16J-0 GSUP. No. 96


northwest corner of Section 17, Township 30
South, Range 29 East;
Thence South along the section line to the
northeast comer of Section 7, Township 31 South,
Range 29 East;
Thence South along the range line to the
southeast corner of Section 1, Township 39 South,
Range 29 East;
Thence East along the section line to the
northwest corner of Section 11, Township 39
South, Range 30 East;
Thence North along the section line to the
southwest comer of Section 35, Township 38
South, Range 30 East;
Thence East along the township line to the
southeast corner of the West % of Section 35,
Township 38 South, Range 30 East;
Thence North along the % section line of
Sections 35, 26 and 23, Township 38 South, Range
'30 East to the northeast corner of the West %V
section of Section 23, Township 38 South, Range
30 East;
Thence West along the section line to the
northwest corner of Section 23, Township 38
South, Range 30 East;
Thence North along the section line to the
northwest corner of Section 2, Township 37 South,
Range 30 East;
Thence West along the township line to the
Southwest corner of Section 34, Township 36
South, Range 30 East.
Thence North along the section line to the
northwest corner of Section 3, Township 36 South,
Range 30 East.
Thence West along the township line to the
southwest corner of Section 31, Township 35
South, Range 30 East;
Thence North along the range line between
Ranges 29 and 30 East, through Townships 35, 34,
and 33 South, to the northeast corner of Township
33 South, Range 29 East, being on the
Highlands-Polk County line;
Thence West along the Highlands-Polk
County line to the northwest corner of Township
33 South, Range 28 East;
Thence South along the range line between
Ranges 27 and 28 East, in Townships 33, 34, and
35 South, to the southwest corner of Township 35
South, Range 28 East, the Point of Beginning.
Thence West to the northeast corner of
Section 12, Township 31 South, Range 28 East;
Thence southerly along the westerly margin of
Lake Marion to the south boundary of Township 27
South;
Thence West along the township line to the
northeast comer of Section 1, Township 28 South,
Range 27 East;
Thence South along the range line between
Ranges 27 and 28 East, to the northwest comer of
Section 30, Township 29 South, Range 28 East;
Thence East along the section lines to the
northeast corner of Section 25, Township 29 South,
Range 28 East, and the range line between Ranges
28 and 29 East;
Thence South along aid range line to the
southeast corner of Section 36, Township 32 South,
Range 28 East and the Polk-Highlands County line;


Thence West along the Polk-Highlands County
line to the southeast corer of Section 36,
Township 32 South, Range 27 East, and the Hardee
County line;
Thence continue West along the township line,
also being the Polk-Hardee County line, to the
southwest corner of Section 31, Township 32
South, Range 23 East and the Point of Beginning.
(b) That portion of the Peace River Basin
located within Hardee County is described as follows:
Begin at intersection of Hardee-Manatee
County line with Hardee-DeSoto County line;
Thence north along Hardee-Manatee County
line to intersection with Hardee-Polk County line;
Thence east along Hardee-Polk County line to
intersection with Hardee-Highlands County line;
Thence south along Hardee-Highlands County
line to intersection with Hardee-DeSoto County line;
Thence west along Hardee-DeSoto County line
to point of beginning.
(c) That portion of the Peace River Basin
located within DeSoto County is described as
follows:
Begin at intersection of DeSoto-Sarasota
County line with DeSoto-Charlotte County line;
Thence north along DeSoto-Sarasota County
line to intersection with ManateeSarasota County
line;
Thence continue north along DeSoto-Sarasota
County line to intersection with DeSoto-Hardee
County line;
Thence east along DeSoto-Hardee County line
to intersection with DeSoto-Highlands County line;
Thence south along DeSoto-Highlands County
line to intersection with DeSoto-Charlotte County
line;
Thence west along DeSoto-Charlotte County
line to point of beginning.
(d) That portion of the Peace River Basin
located within Charlotte County is described as
follows:
Begin at intersection of Charlotte-Sarasota
County line with Gulf of Mexico;
Thence east, north, and east along
Charlotte-Srasota County line to intersection with
DeSoto-Sarasota County line;
Thence continue east along Charlotte-DeSoto
County line to northeast corner of Section 1,
Township 40 South, Range 26 East;
Thence south along range line to southeast
corner of Section 36, Township 40 South, Range 26
East;
Thence west along township line to southwest
corner of Section 31, Township 40 South, Range 26
East;
Thence south along range line to southeast
corner of Section 36, Township 41 South, Range 25
East;
Thence west along township line to southwest
corner of Section 34, Township 41 South, Range 24
East;
Thence south to Charlotte-Lee County line;
Thence west along Charlotte-Lee County line to
Gulf of Mexico:
(e) Begin at the southwest corner of Township 35
South, Range 28 East, on the Hardee-Highlands
County line, the Point of Beginning;


CHAPTER 16J-0


GENERAL


SuoD. No. 96













iup No 96 i iI HATE 1i -


Thence East along the North boundary of
Township 36 South to the Northeast corner of
Section 1, Township 36 South, Range 28 East;
Thence South along the range line to the
Southeast comer of Section 12, Township 37
South, Range 28 East;
Thence East along the section line to the
northeast corner of Section 15, Township 37 South,
Range 29 East;
Thence South along the section line to the
southeast comer of Section 34, Township 37 South,
Range 29 East;
Thence East along the township line to the
northeast corner of Section 1, Township 38 South,
Range 29 East;
Specific Authority 373.044. 373.113, 373.149, 373.171
FS. aw Implemented 313.0693 FS. 61491 and 78645.
aws of Florida. History-Readopted 106.74. Amended
9-4.77, 10-16-78.


16J-0.10 Permit Application Forms.
(1) Thi various application for permit forms
can be obtained from the Southwest Florida Water
Management District.
(2) Each application form will be given an
identifying number when received by the District.
(3) Any application which has not been
completed and upon which fees or deposits have
not been paid within six (6) months is subject to
rejection, provided notice of proposed rejection is
mailed to applicant not less than ten (10) days prior
to such rejection.
(4) The original file containing the application
with accompanying attachments, the order, permit
or permit agreement issued, transcript of the
proceedings and all exhibits shall be maintained in
the File of Record at District Headquarters. Any
person ma. inspect the File of Record at all
reasonable times. Any person seeking to intervene,
oppoe or appeal from any Recommended Order or
Final Order shall file the original pleading on the
Staff Attorney for placing on File of Record and a
copy on the District's Board Counsel, together with
copies on all other parties of record.
Specif4i Authority 373.044. 37.113, 373.149. 373.171 FS.
Law Implemented 373.085, 373.106, 373.116, 373.216,
373.229, 373.246. 373.249. 373.339, 373.413, 373.416
FS. Hitory-.ildoptf d 10-6-74. Amended 10-24-76.


16J-0.11 Preparation of Dmwing$ and
Sketches.
(1) All drawings and sketches submitted with
applications shall be on letter size (8% xll") paper,
or of a size that can be folded to 8"xll", such as
ll"xl7" or 17"x22". Three copies of the drawing
must be provided. If 8H"xll" size, one must be of
black line type capable of being photocopied. If
larger than 8%"zll" drawings are used, one must be
the original drawing or a reproducible.
(2) Drawings shall be to scale or properly and
adequately dimensioned. A drawing or sketch shall be


identified as to location or should include a location
plan. Cross sections and elevations shall be included
where applicable.
(3) Location plans should locate the points of
installation, construction, withdrawal, discharge or
use by referencing to section lines, roads, or other
obvious and permanent landmark.
(4) The plan and cross section or elevation
shall clearly portray the construction in its
relationship to the channel and/or right-of-way.
Certain elevations must be designated to facilitate
processing of the application. These are: canal
bottom elevations, water surface elevation and
ground elevation expressed in mean sea level (msl.).
The elevation of the low member of a bridge span
must be shown. For overhead wire crossings and in
the case of water or gas lines, low member elevation
must also be indicated on the drawing.
Specific Authority 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.106. 373.116. 373.229, 373.339,
373.413 FS. History-Readopted 10-6-74.
16J-0.111 Fee Schedule. A permit processing
fee is required and shall be paid to the District
when certain applications are filed pursuant to these
Rules except when the applicant is a department
agency, public body, body politic or political
subdivision of the State of Florida. This fee is for
the purpose of helping defray the costs of
processing, notices, advertising, and mailing required
in connection with consideration of such
applications. If an application is for a combination
of permits under one or more parts, payment of
only one fee shall be required.
(1) The fee for an application for a permit
for consumptive use of water pursuant to Part 2
shall be.
. ...... ...... . $10.00
(2) No fee shall be required for an application
for a permit for construction of a well pursuant to
Part 3 or to Chapter 16CC, Florida Administrative
Code.
(3) The fee for an application for a permit for
activities relating to management and storage of
surface waters pursuant to Part 4 shall be.
............................... $10.00
Speciic Authority 373.044. 373.113. 373.149. 373.171
FS. Law Implemented 373085, 373.219, 373.339,
373.413. 373.416 FS. History-.eadopted 104-74,
Amended 12.31-.74, 10.24-76, 721-77.
16J-0.12 Permits Contingent Upon Land
Ownership or Control.
(1) All permits issued pursuant to these Rules
are contingent upon continued ownership, lease, or
other control of property rights in underlying,
overlying, or adjacent lands, and are covenants
running with such lands.
(2) A permit may be assigned to a subsequent
owner subject to all terms and conditions contained
in such permit upon notification in writing to the
Board of such assignment, provided ownership, lease,
or other control of all such lands is conveyed to the


Supp. No. 96


GENERAL


CHAPTER 16J-0














CHAPTER 16J-0


assignee and further provided that the assignee, by
accepting such assignment, does assume responsibility
for complying with all such terms and conditions.
The Board may withhold its approval of the permit
assignment if it has been demonstrated to the Board
that the assignee has failed to properly manage
another such facility within the District.
(3) If only a part of such lands is so conveyed,
or if the ownership, lease, or other control is divided,
such permit shall immediately terminate unless the
terms of the permit are modified by the Board.
Speifi Authority 373.044. 373.113. 313.149. 373.171 FS.
Law Implemented 373.086, 373.219. 373.339. 373.413.
373.416 PS. Hiltory-Readopted 10.5-74.
16J-0.13 Bond.
(1) The Board may require the applicant for a


permit to furnish a bond made payable to the District
and its successors, with a reputable bonding
corporation authorized to do business in this State as
surety, conditioned upon full compliance with terms
of the permit, including the proper construction,
operation, and maintenance of the facility by the
applicant so it will not be detrimental to the
operation and maintenance of works of the District
existing or planned. The amount of the bond shall be
in such amount as the Board shall determine to be
adequate.
(2) In the alternative to subsection (1), the
Board may require liability insurance in such amount
as the Board shall determine endorsed in favor of the
District or a hold harmless agreement satisfactory to
the Board.


Supp. No. 83


GENERAL














Sup,. ~o. 73 GENERAL CHAPTER 16J-0


(3) The Board may require that such bond or
liability insurance be maintained as a condition of the
continued validity of the permit.
General Authorty 373.044. 373.113, 373.149, 373.171 FS.
Law Implemented 373.088, 373.21 9, 373 3.413,
373.416 FS. Hisory-Readopted 10--74
16J0.14 Reapplying for Permits. When an
application for a permit has been denied, a new
application for such permit shall not be resubmitted
within six (6) months of such denial unless the
applicant can show substantial change in conditions
or unless the permit applied for is substantially
modified.
Spei t Authority 373.044, 373.113. 373.149, 373.171 PS.
Law Implemented 313.086. 373.219, 373.339, 373.413.
373.416 FS. Histoar-Readopted 10-5-74.
16J-015 Minimum Rates of Flows and Levels.
(1) In establishing minimum rates of flows and
levels and regulatory levels, the Board shall use the
best information and method available and will
consider the protection of existing, as well as future
consumptive uses of water so as to promote the
conservation, development and proper utilization of
water while preventing damage from floods, soil
erosion and excessive drainage. When deemed
appropriate, a schedule of rates of flows and levels
may be established to reflect seasonal or cyclic
variations. The Board will also consider, and at its
discretion may provide for, the protection of
nonconsumptive uses, including navigation, recreation
and the preservation of natural resources, fish and
wildlife.
(2) Unless otherwise deemed appropriate by
the Board, the minimum rates of flow at a given point
on a stream or other watercourse shall be established
by the Board for each month, January through
December. Minimum rates of flow shall be established
as follows: For each month, the five (5) lowest
monthly mean discharges for the preceding twenty
(20) yards shall be averaged. Minimum rates of flow
shall be established as seventy percent (70%) of these
values for the four (4) wettest months and ninety
percent (90%) of these values for the remaining eight
(8) months. The determination shall be based on
available data, or in the absence of such data, it shall
be established by reasonable calculations approved by
the Board.
(3) Unless otherwise deemed appropriate by
the Board, the minimum levels of water of a given
lake or other impoundment or at a given point on a
stream or other watercourse shall be established by
the Board and shall be one foot (1') below the average
of he five (5) lowest water levels in each calendar
year (provided no two (2) levels shall be taken from
the same calendar month) for the preceding ten (10)
years. The determination shall be based on available
data or in the absence of such data, it shall be
established by reasonable calculations approved by
the Board.
(4) Unless otherwise deemed appropriate by
the Board, the minimum level of the water table at a
given point shall be established by the Board and shall
be three feet (3') below the average of the five (5)
lowest levels in each calendar year (provided no two
(2) levels shall be taken from the same
calendar month) for the preceding ten (10) years. The
determination shall be based on available data or in
the absence of such data, it shall be established by
reasonable calculations approved by the Board.


(5) Unless otherwise deemed appropriate by
the Board, a regulatory level for a confined aquifer at
a given point shall be established generally to limit
the rate of movement of water from the water table
at the boundary of the land owned, leased, or
otherwise controlled by an applicant for a
consumptive use permit or at the boundary of an
equivalent area based on the configuration of the
cone of depression caused by the proposed location
and operation of the well or wells.
(a) Such regulatory level shall be determined
by taking the minimum level of the water table plus
three feet (3'), or such other adjustment as deemed
appropriate by the Board, and subtracting the head
difference required to pass the water crop from the
water table to the confined aquifer. Such head
difference is the water crop divided by the leakance
coefficient of the confining bed. The water crop, in
the absence of data to the contrary is 0.0229568
gallons per day per square foot.
(b) The elevation of the potentiometric surface
at such point shall be measured cumulatively
throughout the production year. At no time shall the
cumulative- weekly average elevation be lower than
the regulatory level and at no time shall the weekly
average elevations of the potentiometric surface of
the Floridan Aquifer be more than five feet (5')
below the regulatory level.
Specfle Authority 373.044 373.113, 373.149. 373.171 FS.
Law Implemented 373.042. 373.339 FS. Hitorry-eadopted
10-5-74. Amended 12-31-74.
16J-0.20 Publication and Notice. Whenever in
these Rules the publication of any notice, process, or
paper is required or provided for, unless otherwise
expressly provided, the publication thereof in some
newspaper or newspapers as defined in Chapter 50,
Florida Statutes, having general circulation within the
area to be affected shall be taken and considered as
being sufficient.
SpecifbAuthory 373.044, 373.113. 373.149, 373.171 FS.
Law Implemented 373.146 PS. istory-e.adopted 10-6-74.

16J-0.30 Hering, Meetings, and Agendas.
(1) Unless otherwise provided herein, all
hearings before the Board required under these Rules
shall be conducted in accordance with the provisions
of Chapter 120, Florida Statutes.
(2) Meetings of the Board will be held on a
regular monthly basis, usually at the District
headquarters, or at such other time, date, and place as
announced by the Chairman. Special meetings will be
held on call of the Chairman or at the request of two
(2) Board members.
(3) The Board will maintain a current mailing
list for the purpose of mailing Board meeting notices
to all persons making such request in writing.
(4) Meetings of basin water management
boards will be held on a regular basis, as determined
by the respective basin boards, at times, dates, and
places set by the respective ex offiio chairman or
vice chairman in his absence. Special meetings will be
held on call of the basin board ex officio chairman or
vice chairman in his absence.
(5) The Board will maintain separate mailing
lists for the respective basin boards for the purpose of
mailing basin board meeting notices to all persons
making such request in writing.
(6) Any request to place an item on an agenda
at a meeting of the Board or of a basin board shall be
submitted not less than ten (10) days prior to the
meeting.


Supp. No. 73


GENERAL


CHAPTER 16J-0















CHAPTER 1J-0


(7) Regular monthly meetings of the
Governing Board will be held on the first
Wednesday of each month at District headquarters
commencing at 9:30 A.M., unless announced to the
contrary at the previous regular monthly meeting.
Regular monthly meetings may be held at other
times only after publishing notice thereof not less
than ten (10) days prior to such meeting. There will
be a workshop meeting of the Board on the day
proceeding each monthly meeting, unlem announced
to the contrary at the previous regular monthly
meeting.
(8) Special meetings of the Governing Board
may be held to consider specifically enumerated
matters on call of the Chairman and upon preparation
of an agenda for such meeting and notification to
Board members not less than seven (7) days in
advance of such meeting. Notices of such meetings
shall be given to representatives of the news media
and to such other persons as have requested such
notice or who are directly affected by the subject of
such meeting. Special meetings may be called by the
Chairman on less than seven (7) days notice if the
Chairman finds that conditions warrant such short
notice, provided that public notice and notice to
Board members of a minimum of twelve (12) hours
shall be given and that the Board shall ratify the
findings of the Chairman for the short notice.
(9) Meetings of all Basin Boards shall be
announced at the regular monthly meetings of the
Governing Board and shall be scheduled by the
Chairmen of the respective Basin Boards. Special


meetings may be held in the same manner as
prescribed for holding special meetings of the
Governing Board.
(10) Mailing lists will be maintained by the
District for the purpose of giving notice of all
meetings. Separate lists will bn maintained for
Governing Board meeting and for meetings of each
of the respective Basins. Names will be placed on such
lists upon written request mailed to the District.
Periodically such lists will be purged after written
notice.
(11) Agendas shall be prepared by the
Executive Director, after consultation with the
Chairmen of the respective Boards, for each meeting,
hearing, or workshop, which agendas shall be
prepared at least seven (7) days before the meeting,
and made available for distribution on request of any
interested persons. Such agendas shall contain the
items to be considered in the order of presentation.
After an agenda has been made available, change shall
be made only for good cause as determined by the
Chairman or the Board. Any member of the
Governing Board or of a respective Basin Board may
place an item on an agenda if the request is made to
the Executive Director not less than seven (7) days
orior to the meeting.
Specift Authority 373.044. 373.113. 373.149, 373.171 FS.
Law Implemented 373.0493. 373.079 FS., 1-691, Laws of
Florida. History-Readopted 10-6-74, Amended 12-31-74,
10-24-76.
16J-0.40 Forms and Instructions. The
following forms and instructions have been approved
by the Governing Board and may be obtained from
District headquarters.


Ground Water

Well Location Verification
SF-1620 Application for Registration as Well
Driller
SF-1624-1A Rev. Bond for Drilling Contractors
SF-1624-2A Supplemental Bond for Test and
Foundation Hole Contractors,
Engineering Testing Laboratories.
SF-1627 Application for a Permit to Construct
a Well under a Special Certificate
of Registration
Application for Firm Identification
Number
SF-1632 Rev. Confirmation of Firm Identification
Number
SF-1634 Sworn Written Complaint Form
SF-1641 Well Abandonment Report
SF-1653 Warning Notice
SF-1710 Rev. Application for a Permit to Construct
a Well (Used along with Department
of Natural Resources Water Well
Contractor's Well Completion
Report)
Instructions and Forms
for Completing the Consumptive Use Permit
(Cup) Application Form
Southwest Florida Water Management District
Consumptive Use Permit Application
Southwest Florida Water Management District
(SWFWMD) Consumptive Use Permit


Supp. No. 73


GENERAL


CHAPTER 16J.0













Supp. No. 73 GENERAL CHAPTER 16J-0




Surface Water

Notice of Violation
SF-1651 Notice to Cease and Desist
Completion Report
-Rev. Application for Permit-Used along
with Chapter 16CB-1 and Guidelines
for Docks or Piers and Bulkheads














Sup o GENERAL CHAPTER 16JL-0l


HYD. TECH.


DATE__ __ S-

PERMIT NO.

DRILLER __s___
West
COUNTY

/ BASIN SIZE

REMARKS


__T_-_R_
North


East


South


DATE S T- R

PERMIT NO North

DRILLER
West East
COUNTY_

BASIN SIZE South

REMARKS




DATE S .._T R__

PERMIT NO. __ th

DRILLER West Erst

COUNTY

BASIN -- SIZE South
South
REMARKS


GENERAL


Sumo No. 53


CHAPTER 16J-0


















CHAPER 1J-OGENERAL
APPICAI 4 FOR R ItlEGISTRATION AS WELL DRILLER

To: CHIEF, PERMITS SECTION
SOUTHWEST FLORI0A WATER UMAAGEMENT DISTRICT (REGULATORY)
I=S OFFICz BOX 457
UIOMMIULE FLONIOA 3352
1 kv"nw- atic tis U a* ad MUM a Geuvd4sadd (ames ad Mel) catifam of rquimra ma n a"Rnistsr 118 1tillee" jder the
p '' U 11he Il.in a Rhplatioa' Us l ( The astm c mcugUd ub aqlace wit Sci. LOZ(4)() Rf sad Sal ad Rot

('UUlYI..Pw csr. ~ eaypr

L DPPUCAIIT:

a) NEW.

11) emas ("lm Fi Isgm ace







ed Tve of tsaimus Ccta8 m b**d m Comsrdsem cPm
a Ouno" isU ON Am
a) vrldfe two (7) 11 r, dtctevrns Date Of Bi rth__________________


a) Yamosgaim Is adi o Tof -oft

II Kim a 1Uwmw1 wids udm Fe have umu:___________________________________



ci Typ wof tym~ bo w usof ad v~ eat wckiys as Usreeighly favllw
m~w Rmm sRolwy 0 C*toToold Air 0OV
a m) o omgmoat wdhIi wfts INm *Me tlit ledesbil ________Inkstio
Urn Welts Rck Wef Vm~ ells______ iel Flu Well$_____
timarp l~*lmdi laida ~yWels ...........OU T














II. GVOAL4.
1) Ustduesi Nwomlssa oteram "thSm wheat y"m ilceaud or ugslato.


b) nMv yon Uver Irm ed a WON
IV. RafEF!RENCE


affais swum


,~eeal mOet" 'SfAr. -


I u 4 "U sit 4 bU ging lhM matio is tos and awdct U ft best of my ewdd ad belief.


Sem Uo ad oalctibhad bem me, by tIe said
._ _-. tit csfwhich wfceilsas mry had Md al d of fice.


gpliaciat Q Ai_.CATi
awpict heein, this day of


a*Ot~m, .uaCc ts acO nO

Coerst. Flondo


RETURN TO CHIEF, PERMITS SECTION


swro51
if qias


GENERAL


I III II I


Supn NrA 2t


O


iI


CHAPTER 16J-0














CHAPTER 16J-0 GENERAL Supp. No. 51

BOiU FOR DRILLI :G CONTR,;CTORS

KHOW ALL HMER BY THESE PRESEhTS: That we,
hereinafter called the Principal,
and a corporation duly
qualified and authorized under tne laws of the State of Florida to act as surety
on bonds, hereinafter called the Surety, are held and firmly bound unto. the
SOUTHWEST FLORIDA WATER 'ANAGEMHET DISTRICT (REGULATORY), its successors and
assigns in the sum of Five Thousand Dollars, the true payment whereof well and
truly to be made we do bind ourselves, our respective heirs, executors, administrators,
successors, assigns, jointly and severally, firmly by this bond.
The condition of this bond is such that if the above bound Principal, and each
officer, employee, or agent of said'Principal, shall comply with the provisions
of Chapter 373, Florida Statutes, and other applicable laws of this State, the
rules and regulations prescribed by the SOUTHWEST FLORIDA HATER MANtAGEENT DISTRICT
(REGULATORY) (Chapter 16 CC Administrative Code of the State,of Florida and
amendments thereto), and the orders adopted or issued pursuant thereto for the
protection of the water resources of the area encompassed by the SOUTHl'EST FLORIDA
WATER MHAAGENENT DISTRICT, that this obligation shall become null and void;
otherwise to remain in full force and effect.
THE SOUTHWEST FLORIDA MATER M'ANAGEMENT DISTRICT (REGULATORY)
shall have a direct right to action against the Principal and Surety under this
obligation for damage to the water resources of such area suffered as a result
of the failure of the Principal or officers, employees or agents of said Principal
in failing to comply with such provisions of the laws, rules, regulations and
orders; provided, however, that no suit, action or proceeding by reason of any
such failure whatsoever shall be brought upon this bond after one year from the
date such damage occurs.
The premium anniversary of the bond shall be midnight on the 30th day of June.
The Surety may cancel this bond and be relieved of further liability hereunder
by delivering 30 days' written notice to the SOUTHWEST FLORIDA WATER F)~AAG8EtENT
DISTRICT (REGULATORY); however, such cancellation shall not affect any
liability incurred or accrued hereunder prior to the termination of said period.
In witness whereof, the Principal and Surety have executed this bond on
this day of 19


Principal

(SEAL) _


By Attorney in Fact
Surety

APPROVED BY:
SOUTHWEST FLORIDA UATER
MANASEIHERT DISTRICT (REGULATORY)
this day of 19 __

By
Title





SF l1,A (R)
SF 1)24-1A ,Rev.















Su~p.Na. 1 GEERALCHAPTER 16J-0


SUPPLEMENTAL BOND FOR
TEST AND FOUNDATION HOLE CONTRACTORS
ENGINEERING TESTING LABORATORIES


KNOW ALL MEN BY THESE PRESENTS: That we,

hereinafter called the Principal,
and a corporation
duly qualified and authorized under the laws of the State of Florida to act as
surety on bonds, hereinafter called the Surety, are held and firmly bound unto
the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY), hereinafter to be
designated as SWFWMD(R), its successors and assigns, in the sum of Twenty-Five
Thousand Dollars, the true payment whereof well and truly to be made we do bind
ourselves, our respective heirs, executors, administrators, successors, assigns,
jointly and severally, firmly by this bond.
The condition of this bond is such that If the above bound Principal, and each
officer, employee, or agent of said Principal shall comply with the provisions
of Chapter 373, Florida Statutes and other applicable laws of this State, the
rules and regulations prescribed by the SWFWMO(R) (Chapter 16 CC, Administrative
Code of the State of Florida and amendments thereto), and the orders adopted or
issued pursuant thereto for the protection of the water resources of the area
encompassed by the SWFUMO(R), that this obligation shall become null and void;
otherwise to remain in full force and effect.

The SWFWJM(R) shall have a direct right of action against the Principal and the
Surety under this obligation for damage to the water resources of such area to
be suffered as a result of the failure of the Principal or officers, employees
or agents of said Principal in failing to comply with such provisions of the
laws, rules, regulations and orders; provided, however, that no suit, action or
proceeding by reason of any such failure whatsoever shall be brought upon this
bond after one year from the date such damage occurs.

The premium anniversary of this bond shall be midnight on the 30th day of June.
The Surety may cancel this bond and be relieved of further liability hereunder
by delivering 30 days' written notice to the SWFWMO(R); however, such cancall-
ation shall not affect any liability incurred or accrued hereunder prior to the
termination of said period.
In witness whereof, the Principal and the Surety have executed this Bond on this
day of


Principal

(Seal)
By_______________
Attorney in Fact
Surety


Approved by:
SOUTHWEST FLORICA WATER MANAGEMENT OISTRICT(REGULATORY)
this __day of

By_______
Title



SWFWMO(R)
SF 1624-2A


GENERAL


CHAPTER 16J*0


Suoo. No. 51















supp. No. 53 GENERAL CHAPTER 16J.0

SOUTHWEST FLORIOA WATER MANAGEMENT DISTRICT (REGULATORY)
APPLICATION FOR A PERMIT TO CONSTRUCT A WELL
UNDER A SPECIAL CERTIFICATE OF REGISTRATION

To: CHIEF, PERMITS SECTION
SOUTHWEST FLORIDA WATER MANAGEMENT DtSTRICT (REGULATORY)
Post Office Box 457
Brooksville. Florida 33512 DATE

.PLEASE TYPE OR PRINT IN BALLPOINT PEN)
In compliance with the Rules and Regulations Sections 1.01 through 1.06. inclusive. Southwest Florida Water Management District
Regulatory) adopted pursuant to Section 373.X30 Florida Statutes. the undersigned

-- (,o"--- -- Aof -
11 imrr or, ri.e ) 4 iRe. No.) (Addrr)

applies for a permit and approval of the Southwest Florida Water Management District (Regulatory) for the construction of a wells) under a
special certificate of registration in

Section Township Range at or near

IStrlt or Rural Iout) (4Cti) oaunvvy

1. The purpose of the wells) is
(Seu*mc noe*s. strlateramoh~ tes nrles. etc.)

2. _____wel(st) will be
(2Nu.mTe of wetlsJ (Tyej: etted. caol. too, rotary or ower d esqgn4t

to the approximate depth of feet and will be inches in diameter;


there will be feet of casing, constructed of material and will have

(oroeesen twye of cealn seUl

3. Will the space between the casing and the hole be sealed? C Yes C No

If so, at what points? .

4. Will any abandoned hole be sealed? Yes C No How?

The required accompanying paper is enclosed herewith; plat or sketch showing location of proposed wells) relative to existing buildings or
other physical features, especially the locations of all known sources of contamination in the vicinity.

i agree that: A Special Completion Report will be furnished for any Inadvertent Water Well
as required by 16CC 1.03 (13)
A (SWFWMD(R) SF.40Q2), showirntne various strata or formsains pierced by the w(ell will be fowNarded .ithzin
thirty3G (T mvrafter comrnpeti cessaiioof otdritsqoperation. Coi ancPwith all provisions of the Rules and
Regulations of thebu thwest Florida ate Managemnt DisbT ( Regulatory cited ab~ ,well be-eccomplished.

Access to proposed well sites for inspection at any reasonable time is hereby granted personnel of Southwest Florida
Water Management Oistrict (Regulatory).


(Signature of Owner) (Signature of Well Drilling Contractor)


(Printed Name of Well Owner) (Printed Name & Title


(Address) (Address)

ApDroved by _____ --
(Authorized reor:-' activee of SWFWMO(R)) (Title) (Date)

Sw^wMO() RETURN TO CHIEF, PERMITS SECTION
SF 1627


70


- I I I

















CHAPTER 16.J-0


saug. ilo. s


SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY)
APPLICATION FOR FIRM IDENTIFICATION NUMBER


To: CHI EP, PIMITS SECTION

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY)
Post Office Box 457
Brooksville, Florida 33512



(P1.CASC TYPC 00lA PlRT I :ALLICIT PC1)


I MtkRfES MAEr ArPPICATI04 FOR P ISSUACC OPf FIRM OC4TIPICATION MutJISCR TO CC ASSIGNED TOt

1. NAUL OP FIRM


,uW0sw4 ;un*,st, on ,. o'.'
SYP..?.gO..CS GA .. c0. G


CITY
2. PCFSOM4 L4AIK APP.I1ATION


I? ?


Ir146q


21. 0ea6


POSITION I PItP

AOT ORI0Sf ,, .. ,x
s1arr AMOets$ oG P.o. CIx


ict- T*TI -sor cour
1.LIST MAMCS AKZ RIlISTRATION NUMS(RS OF ALL SOUT"HW 3T FLORIDA WATER JAMAACMuINT DISTRICT (REGULATORY)
reCISTEURO WELL CfILLRS WORKING FOR FIRM.

NAM *to. No.,
MA.___,,___.____________ RCu. MO,.,.
ii MA PLG. gg


,*IG. NO4


NAME


14AM REG.


NO.


0 e UTerseA. seP4C is A09eJaA. 1rr A1 aorAT ISCIT.
4.CUANTITY OF OCCALS WHICII ARE Nt4O1E FOR THE FOLLOWING 1416 ANO VSMICLtS


Sy- o A wgm l w,.t V--


"OMs


so ASOetr*e- rsg&et Is *MC2auia. ArtaCem CPrSatn 6s.4T.


I MRrSY ACXNOQwL. Ot TNAT A.L. DROLLING OPf(RA*TIO CONDUCTED SY MY COUIPMu(NT Wki. 6t CONOUCTED IN ACCORGANCI
WITH TM4 SOUT* CST PLamRIOA CATR uA.MACEiCAT 01TiICT (RICULATORY) RtII.s N PtCUULATI nS AND SU tRVISOt *S A
SOUJTfHWEST .LORIOA WATER MANAGCMNT OISTItICT (IRtULA.TCRT REGISTERED *<1.. ORII.LCR ANO THAT I i..l.. WfTlIN
TiINTY (301 OATS. I.aOtM SOUTWet(ST FLOrICA WAITE MANACCM4NT OIiTRICT (VEGULATQRO ) OF ANT AOOITIOMS TO 03 C0ANCtS
IN MY ORtLLING ST.PP OR I mvNTORY COFGS W AMO VCH'IC.


s56ArTUAC a0 pPtsc.. S?


RET1JUN TO C24EP, PSAMITS SECiTON


- ---- --


II IIlII I I I I I I


IIlI I I


I


--
*urur


GENERAL


&


uAMS











Supp. No. 53 GENERAL CHAPTER 16J-0
Your application for a firm identification number has been approved by the
Southwest Florida Water Hanagement District (Regulatory).

Your number is

This number is to be used in connection with all of your drilling operations.

A current decal is to be displayed with this number in letters not less than
two (2) inches high on both sides of all drilling rigs. SWFWMD(R) will fur-
nish the decals but you must furnish the number. You may, upon request, be
furnished decals for other associated equipment you may wish to identify.

Your number is not transferable. If a rig is sold or otherwise disposed of,
the decals are to be removed and the Chief Hydrologist notified.

Additional decals may be required through damage or destruction to the decal
or by the acquiring of additional equipment. We will furnish the necessary
decals if you will advise the number needed and the reason for the request.

Current stickers will be furnished for the decals each year upon renewal of
your surety bond.

IT IS A VIOLATION OF THE RULES AND REGULATIONS OF THE DISTRICT NOT TO HAVE
DECALS AND NUMBERS ON ALL DRILLING RIGS.


SWFWMD(R)
SF1632 rev.


_ __

















CHAPTER 16J-0 GENERAL Supp. No. 5

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY)
SWORN WRITTEN COMPLAINT FORM
To: CHIEF. PERMITS SECTION
SOUTHWEST FLORIOA WATER MANAGEMENT DISTRICT (REGULATORY)
Post Office Box 457
Brooksville. Florida 33512

(PLEASE TV 0OP PnINT IN SALLPOINT PINI


Genteimmn:

I do hereby
(last name) (first) Imiddle itial)

file a complain aqaint
well driver's name and rgsnration number

In the spce provided below o e state the reason for this complaint. BE SPECIFIC and indude the sant infraion. the date it occurred.
the location of the wll. any other witness and all other pertinent information. (Attach a separate shee if additional opa is needed; also
attach any documentary idene such as photograhs. etc.)


Very truly yours.


(Signature)


(Date)


Sworn to and subscribed before me, by the sa' id _


19-


to certify which witness my hand and sal of office.


Notary Public in and for

County. Florida


swWuoct N,
So 1a


RETURN TO CHIEF, PERMITS SECTION


;;jee P,.t GIV TO IOWN-


SW:WPA0MI
SP 14414


u,


GIVE TO OWNER















Supp. No. 53 GENERAL CHAPTER 16J-0

WELL ABANDONMENT REPORT

(To be forwarded if a weil n started but not completed)

To: CHIEF, PERMITS SECTION
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY)
Post Office Box 457
Brookwiie. Florida 33512 DATE

IPine we er Wrm in mellpemt m-

Proierty Ow er

MWing Addness

Well Loation
Street annd timber o Townhip. Range, andSection

Why was well abandoned?_
Low Yield Cing Poor Water Quality their

Type of Wel
DOrild Orivn Oug Bored Othw

Totl depth of well Oiamnetr hDep of asing
Feet Inch Feet

Depth to rock oepth t water Limestone fontion
Feet Feet Y or No

Material oerlying rock_
Cay Sand or G el Mixed

Mltria and yardage used for fill or meal in rock etion of well-









Matial and ardse used r for sealing ajtov rock









To permit adoqute grouting. te cang should remn in plc* but liner pipe or any other obstrctons should be removed.

Was caing left in place NHow much?

Were lnes and other obsructions removed?.... --


Name of pmon or firm doing maing wonark

Address ... ------


SwPwSocr1 RETURN TO CHIEF, PERMITS SECTION
Uo sag













CHAPTER 16J-0 GENERAL Supp. No. 53
WARNING NOTICE W
-- WN 602


To: Date:
You are in violation of the Florida Statutes and the Rules and Regulations of the Southwest Florida
Water Management District (Regulatory) to wit:


Florida


s etutatS WF 10( )


You have until
date and time
above stated rules and regulations or official citation will be served.


to comply with the


Issued by:

Title:


SWFWM NIt
Sp 1*53


etAt IAIAA R% 1\


CI-r..r--


















Supp. No. 53 GENERAL CHAPTER 16J-0


SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT REGULATORY)

APPLICATION FOR A PERMIT TO CONSTRUCT A WELL


To: Cmhr. Prmigaus.m
lea am ass 457 Phans 1204) 7(6-7211
8a .*m11.. rtrids 336t2 O M_____,

ITreenon am s me -Ai o S aw O ~
in cipence wei k ie Rulel and Itegenle o4 ke*3 hea Fled. Weer Meregemen ur ODini.cv (Reguleery)


mquosts trro time~ a owl in,
.00mign -U,40 STUFF isn le a TV T.

.W~el 1bes eeghnsoe..e. -1ta COW*~ too, 0 oeIw. sac*"(~i
Y~~~I~~UI L.560 *tJ Ge... nCt~~L GY




We il b pi ly_______ fee deep.Well he eee

OLdClt bln .e Ceweed~efe

C4"4e ell be Iee by [ coetling Cr_ OW C3 bet. Sceii between cownip wh l. Well -4 seeled -ite:



Well -0 be leeeed or
is.P,. fw--%wep, tCow AND StW? *GGC el"Y coy. 1
Well twill be send fo. 0 pn..eo eeipply C2 pblte -we.- Sewelyt '-Ieinieen C! -6ndwell

to". -1l W k.r

If Oits peewut i, so ris,. feee e or el se f.4 eal c onseet. see s per..n p...it 9-o eber

eed iedicae ,wk to be dow


1 eWon he tweesk a I"- this 30 e o" ite, 4,4ling oemomee coese esed -a awpiy .ith ol e sew.eot of the
Ouule wd Regelas. o. OW SW11FIOMR) eW witk l0C. he1li- u14n1111406 relese to well ceeeiewf.e.
5.V.eWr .40 ODMltole CSMVO~i

I heieby cemeene ie meplaned by See sihwt e#Fie Wew.. YHaentee onrict wed by $Se dewe Fiwede "mete
Menegeeeeei Oisseet ( .9. elecryl itce ,.e. w.-now and *10e.eeee. ei... WW ii *i. pene-t ..
4eeied I eree to 48ep, wh vie Conudit". ef fee en ne"el~ ustle of Ai,' ion. Acr.. to peeeed Well
sie fee eupeewtion e. any fesenebl iew to b a a gbprewted owsne .4 of SWFWMAO aid SwPWMkC.

Sitpietim e .0 so. his .Aftivaed Age.. -

00 NlOTW UTt OBLOW tw1 LINM SOE WItD1(1rI US* ONLY

PERMIT TO C"TRUi A Jr LL

Re.w.. of I* bw. eimieriont aned .witete kb.lne:..gCndm ;di be J l., th..e. '.~el -0i 0tf
SiieeMd We...u Meonee., J....., end.: it cesec,,,. ss"! o et i,.n ." i es. '-w" ,$
.1,6;. hwtt pt-o i 'nrwd- : or~i rn~~r ~,r~.


A.!..,;:- satelk hb .e. .....wleu -V.s.,.li 1.0 -4.
.'ctC Itne o0n... ..*n I0 d-1 .in 1.. -.. .' ... -. ..-
-: + Me.4. -ns .we -1 a. e

Tb.... .e:*~(C Wene ee iumely .seui .i sedge~ .4 .ini -, .~ ..,e.. ~ *~~ 4 4. '
Th. mo "t..oy m,-
tne was ft~.,p,





T14.1 PFRMIT 1Ot VAr.. UNML ;4FOPLRLY SMC44Vn ANC SsrALCT 2Y N OY -
SWFl#O'R' 47O MA!.1ftTl'?5.?4D AT 114t ffl, t Z %Iq--el .t t. I .. 0
PROMINENTLY DISPLAYED














CHAPTER 16J-0 GENERAL Supp. No. s3

CONDITIONS UPON WHICH PERMIT IS GRANTED. This permit is not an application for allocation of water
or of any particular quantity of water and the granting of this permit shall not constitute such allocation of water.
Southwest Florida Water Management District (Regulatory) specifically reserves the right to implement a program
for the issuance of permits authorizing consumptive use of particular quantities of water and to impose restric-
tions on one oa more users of water. The rights reserved herein may also be exercised by the Governing Board of
Southwest FloridaWater Management District pursuant to StatoLaw and the rules and regulations of said District.


Compliance with the special items checked below shall be required.

1. Q This permit is for the purpose of drilling a test or exploratory well.

2. Q Compliance with local health regulations is required.

3. 0 Engineering plans and related documents covering this well, pump and piping installation are required to be
submitted to this office.

4. M The construction of the proposed well must be in compliance with the engineering plans and specifications
approved by this District in the application for this permit.

5. M This well shell be drilled in accordancewith thewell field plan and specifications submitted to this District,
as prepared by

6. Test holes may be constructed as provided in the Rules and Regulations of Southwest Florida Water Manage-
ment District (Regulatory). Upon abandonment, the hole must be thoroughly plugged from bottom to top and
surface finished so as to cause no hazard to human or animal passage over it, and to seal it hydraulically
to prevent any leakage of water into or out of this well.

7. ( Well cuttings are required every ten feet and at every change in formation. Sample bags will be provided by
the District.

8. 7 Geophysical logging of this well would be of great value to SWFWMD(R) hydrologic records. If we may be
allowed to do so mail the enclosed card when drilling starts.

9. O Salt water intrusion-The location of this well is marginal. It may overlie the salt water encroachment zone.
It may or may not yield acceptable water at time of completion and it probably will produce salty water be-
fore long. However, it might hove a life of several years. Therefore, this permit is granted with the under-
standing that should the well not produce acceptable water it will be sealed.

10. Q Other















-I





Supp. No. 73 GENERAL CHAP
ERA CHAPTER 16J.0


Fw-
R dmmfth
mAn
BIG
LLER









f








CHAPTER 16J-0 GENERAL Supp. No. 73

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

INSTRUCTIONS ANO FORMS FOR COMPLETING THE CONSUMPTIVE USE PERMIT
(CUP) APPLICATION FORM

INSTRUCTIONS

THIS APPLICATION IS FOR ONLY THOSE WATERS WHICH ARE WITHDRAWN FROM THE PROPERTY
COVERED 8Y THIS APPLICATION. DO NOT INCLUDE ANY WATERS FROM OTHER SOURCES. PLEASE
TYPE OR PRINT (00 NOT USE PENCIL) ALL ANSWERS FOR THE CONSUMPTIVE USE PERMIT (CUP)
APPLICATION. A WORK SHEET COPY OF ALL FORMS ANO SKETCHES SHOULD OE COMPLETED
FIRST IN PENCIL AND RETAINED FOR YOUR RECORDS.

1. Name and Mi ig addreo of applicant. Identify e applicant a an individual. dbs. (doing business as).
prtnehip. srororation or other al enity and include with the application authriaion for the opli.
Om to act if other than the owner. Include under local compact an individual who has knowledge of the
property who may be onaced for addition information about th* application ad who mn asi with
tin the faclities.
2. Prorty c rd by i application should b lind aswned or lead. Include uder lasted al property
for which the applicant has contracml rights, suh as renal agemnt license written permission from
an owner which gives te aplicnt authority over carin property. silly inmfar as it rates to the
war rmourcs of ame. Include a copy of aI such ~gremints with he application. The awn should be
identified as o leal entity a an individual dtba (doing busiessas). partship or corporation.

3. Comete *the spraoided.

4. Compeia the s s provided. If the nmwr is both. C. b uto indicted in No.9which re eiing and
which a ropod facilities.

5. Indiate in the aproorie saces. mte numbo of points from which water wi be withdrawn. Example:

wells -.; strea --; lakesor ponds : other (specify) Total .

Indicate by percentage amounts, the proposed uns of the water to be with n: the total should add to
an hundred eant (100%). Individual domenic aspoly: include her the total pen which is used
for individual personal needs or tot household purpo, mch as, drinking, bathing. hating, cooking, or
as rtation aid for lws of les thn five (5) acrs.

7. Provide breakdown of water uses shown in No. 6 by insrting the pernt of usage in t appropriate
pacs. Complete parts No. 74. Public amoly; and No.7b. Induril. if applicable.

Conlete part No.7c. Irrigation. per the following inructions:

(1) CROP lat each el erately. If more than am cro will be ried pw yeer from the s ae awcge.
indicate the number of rop harvests by Mpac that number in paremtesi behind the cro nme.
EatmoWp: Mtrawbria (2). PMur.golf coaure ald law of imoe that fiv () ar in sie should
be linhd here as "ra. Fish fnnm shiou be lised a "fish".

12) PERCENT of total withdramwl is that Prwentag of the total watr withdraw which wldi be applied
to the cro on a mnerag yearly beas.

(31 ACREAGE is the amount of are used ach r fo the croo. In mo cauns this will only be a
portion of the total lan on the application. uness the total acreage s under ultvation.
(4) Irriation METHOD should b indicated by a letter. Exwampe "s" for sprinkling "f" for flood
(ditch) and "d" for drip or trickle.

(I) Annual hours of OPERATION is the total hours that this o will b irrigated during an avere
year, brken down ieo day and night tIe operation. Time required for mMing irtable uip ment
should not be included if the sywas is not in operation at tha tikm.

1. The amount of water dimd off s for paiuao moly has bMn shown in No. IndeiriMl ars should
indiae water disoosd off it if the final dioition of water is ito city m- or by runoff into
sawm or othe body of wer which leaves the gmarty. Thner ar mine inanc in irrigation whqre
water is disposd off from ditches. The percent of water disped wouM be reported here.

S. Indicate all withdrawal oinaon the roarty whsa or nt they er in u at the oresnttine Standbv.
i reaction. nd any other facity not preentlyin u siouldhow thewithdrawle as ero Proposed
failii should be trted as working families but should be lhawn a "proposed by notion of the
k r "P" bd the number. Conplate parts Nosl ad No. 9b per the following msucios:

The number assigned. column (1), to either the well. or the intake (drool pipe. should apee with the
unn shown on the location shet. The dineter. column (21. is the diamtr ot the wellaing or the
intake (drool psp. in inch. The depth of the well. column a (3. is to be given in f measure from the
sound surrfa to de bottom of the hole. The nam of the arem. column b(31. is th formal or mmon
nmi D assocised with the body of water from which water is mbing wtdidrawn. If more than one nn is
masoiste with such water, it should be a noted.



79
















Supp. No.73 GENERAL CHAPTER 16J-O

The arg daily withdrawal. loamn (4). i the estimated amoun of water to hb gi for the y diided
by 36w. For Exwuplo To conmpute the jor deily withdrawal fr irrgtion. oke the toal number
of indes of water anticipated t be applied on an average anu bume multiply by the number of cr
t be iritd. and mutiply ain by 27.154. Finally. divide th enta among by 366

Exanpe 12 amrage mul tobe allied: 40 amr of a
1) t2X40-480

21 4X27T 1i4- 130 3,20

3) t3A033JH20+3 3.5710 gellons/da

The mamimn d0iy withdraw. column (51. is th amount of wter hich would be pumpd during a
24 haur period of m iknum wihdrmewl. To eomputew due m um daily w'midrael, take the amount of
water withdrawn in minmt: multiple by a fg wit hdrawalfour ad a multiply again by the number
of hours tha th*e w m would be opewated an the len day.

EXample Prmatle gun which deMimvr $10 gallonal/minute ad rumn 14hours

1) g0X EO 33.O00 glomn ur

2) 33.000X 14 462.000 glons/da m imum

10. Affidavit of Ownwrhip: The Rul and aegulatMon of the Southwws Porida Wate ManeIme ODirict
require tdat adfaen operty owners e blistd by the appliant for notifltion taniernm m Irg
withdrawal of water in heir immediate area. In mweial inmanc when the permit i for a antinuing
us of water ad when ihere is an inrdinately large mrnber of permn to be notified. it is goible to g
a waivr et affidavit by making application a the Blrd for suh waiver. rms for waiver offfidavit
will be fuminiMd uon requce The Raplation for waiver will be pr mntd t the ard a it requar
monthly meting. I aooroed. the waiver my be used in lace of the Affidavit of Ownership and should
be ibmmted wirh this publication. The appliao is required to compete a Affidavit of Ownerip farm
along with this olication or Amit a waier. Complete the form a per nsruction theron


Signure of Applicant ad Owner If other mhn an indiuidust r general partner include authoriztion to
sgn. If a corporation tve officer mut agn ad arfix corporate el. If applimn is no the r of
mid property the Ile owner or h authorized agent mus alIs sign.

11. Comolete the Withdrawal Location Sketch indicated

12. Complte the Prooerty Location Map if required.















INCLUDE WITH THIS COMPLETE APPLICATION:

1 A ter of wae if one has ben r e in ta of an affidat of owmnerhip.

2. A cleck or moy order in the aoui't of ten dor I1000) made payable to Southwest Florida Water
Manauwnv t Ostrict.

3. AN rate W mf tormetion teet which have been added (lw. rtifcate of authorization to act at age. etc)
well as any omr perntne normaten which will asse n the processing of your ooictio n.

4. Mai all to lte Southwe Florida Water Mangement ODirict. Consauetie Use Permits S00 U. S Highway
41 South. Brookewle. Flida 33112 in the anvtoM as furnmidd w"th the aviation formal.
















CHAPTER 16J-O GENERAL Supp. No. 73

OUTHWsrI FLORIDA WATER MAuNAGEMENT oDw
CONIUJMIVE U PEI APPLICATION
W00 U. & H4ihmV 41, Sma*
HAVI YOU INCLUDED S10 ANMO B lari FBlr C312
ID ThI ,APPLICATION 204.7M7211

PIIm TYI OR PRINT. OD aum ipnL

1. APPLICANT





LOCALCONTACT

2. DOmt PRORY mr by ts nl.m d

Ul iLm m
IWN" 0 mm. "M .., in -sa amw. ... mamlu-
~i a i s use emr n e
OWNRC .



de. s S



ATTACH A COPY OF THI LASE OR OTmHE AGRaMnNT WITlH TwH COMPuTO APUCPATIO FOR

3. It *is min ft ku em mma m m owion o f a wmm Conmm"the
U Pumti (CU~m? __ s_ It y ie E CP au tEr

4. Tfteuawmemet iwoI emd by Etsamawd

IL i uml y 1, 13s m.. .....INN





q. *SZam ow. Es *I m




wa ime I m ; .. ba .....i...... ap, s .in?..,,. ash.t )- .
S'Z 6 tow"!

a. pi- appl... ...---- i .. 6T.I iI i. bI sf

wo ,- ,o teIsi Tmal (U.iM IeOU .e

PWdn.7. Uss e use. he N. & pe Mt OW l W fW".
h&ifa apptl by dioml moewe ba A k d............S. emd s _pees~ on g.o ing

n osf do b ;s duf o bamI ef Wintd wm -.


Pu I. ie .n w lis mls ise


-(sil law....... I


a- %sow 41"IF I %
eete sen erea mseb as

Power seenn(aee)........I ne e ip .....
Seeems rr i Na7.........amslas a o e


_____


----'- ----




















) (2) a) (4) (0)
CNOP (im easin somp kaly) PERCENT (lcal ACREAGE METHOD" OPERATION hour
us irsmub tion No.?) widuduwll V. of d dav nivht ttal


& Wm any of de wowr wi mdm for um oalr dnk piubli apply, as daow in sN. g aabo. be disommd

off sit yes no e --- Indiea total prant ma dod: ----


. Indicate al wiindrael poits on tw property whoer or not Ty ae in ure at dne psm tinm. Sindby.

fir proalon. and any dw faility not premnl in ur diaumlM aw to e widrwaml as "Zar" Prop Ma

f ditctis dn bes aed th wIne a working falties but lhouM be Ma n "Popond" by noanin of the

sr "P".

a. Withdrawal frm WEULL gn a number in eoiun / o w a wel ank d emr data for aeh m ll in

olumnm 11 through i. T i number asigpd a ash m mul ot ree wt the numbr on wi d*aal

Met (No. 11).

o not writs in ths pe (1) (2 (3) Withdr -llo
(foroffi uc l n oyl No. DiOam Dept Awrag am





















(N u 11. O


(4) (5)
__ __ W _


N additional em is aed. add a s t et.


CHAPTER 16J-0


t.i Wa T


GENERAL



















AFFIDAVIT OF OWNERSHIP FORI

10 List.b. nw 1. fon ad o*n" ow admnd~ of mch prow om.. wdi *s pmbd

dir. Enuhr d. dade a umd. The Obaiamnwp *3 im"'dIty of uwheq d. Oi. of a.46omM

~opmomavras by do.I apdI



owun wW die Mb"iwiq bdidu dads .m dw wMl. aor(a dw oaw. of die appilam) fustdhe

p ow bemidmy oin soMm. agRum be a&

YAW Dd uaomMorm Oadin
--y vwwn-wfroam WON bwa -y

Uhd "0600AW NaDt not rgqum&d. hews.,ow. dw Affkidit of Ownwdip form. mm be mwkwd NA (me appi.
MmI ad ouw nmd witdi. CUP app30iomom

100.0m 10 aam 1.to oin
SoWAoM to. 1.00 1. 3o fe 200 fm
10 00ad3 die.. 40 tint 400 fen

If war *b he widdrawn a body of SURFACE WATER list wijarni owmmamedbrq a*3fleww


lmmMm.al a-oe Diamm u Dbm.- foww
awnplma~drwlea m omem pmnm V bwRklv


mi um*am any aminmi
of Induo am

.I.AM0 or vIon
oW 5.000.00


laor ONia dwamnr i~i
2JMiodriri


*~~~a addau muds.am One. Pailom to Goi all swoemmv mwanad do@* axwes sidio

ow mal in a3 difey ao I of wi awepd imL



m pmum' of DMFUCANT



* Upsmvof OWNER


kmm hiddiadmisub. a is. Nfo dew. buidisatl or -wra '00"M Co.,oatda farithed Offb WAdM
indp aW &foxn of at Inpmtin


CHAPTER 16J-0


Supp. No. 73


GENERAL















OMII. .. IE CHAPTER 16J-

11. A. WITHrRAWA(S) LOCATION
Below is map o one ma on o a twndipdivided ine 1/4- 1/4. Poeam unpmi a l*kdicor wryv ctidaon dpny ond by
dis apiedon whih has orne w mu i wedawil poims or imake pipe Aosig the edac la NmI n the point as aceaiety
a posibe. LaoU all wihdured poins whit or not dey are in u sf they We aco dli iysap Numbn a4gned t
thme willdrim pims rme agrm wi the numbers mn in im No 9 on dh CUP applia-n- tfm.

NI ad of propmety emmri by lhis auli is in one a dech dthe lio mid mperty on tis ds.

If mte pmperm itbyed apkpHeMion is in mne thiunenwratio a maidl nadn (111 i. hktkado. L mdditnl actions wil b
tnWidmd bny renum to me Oariae. Cmplv ne for seiai tla of a mpeur w*wislth poin s and te e dod PROP-
ERTY LOCATION MAP (ihm No. 121



SECTION TOWNSHIP SOUTH RANGE EAST




NW 1/4 of NW 1/4 NE 114@ 114 NW 1/4 of 1/4 NE /4 f HE 1/4











SW 1/4 of NW NWt SE /4 of NW 1/4 of NE 1/4 SE 1/4 o NE 1/4











NW 114 o SW /4 NE 1 14 of SW 14 NW 1/4of SE 1/4 NE 14of SE /4











sw /4o SW1/4 E l4oS SW 1/4 t SES 1/4 o S 1/4 o SE 1/4






m20 acre
40 San 10 acres So

I UI-


Saml tI'* -. feet (1/8 mil*


CHAPTER 16J-0


GENERAL
















11. B. WITHORAWAL(Sl LOCATION
Adliioni actions il beurnidty eIi to th ia. Complex on ior mehaction of proprvidt bihdal poinmaadli
tI endoid PROPERTY LOCATION MAP (iUn No. 12)









SECTION ______ TOWNlIPSOUTH RANGE EAST


Sale 1"8 660 f8 t (1/ mae


NW1/4 of /4 N1E M4 o N /4 NW 14 oNE 14 NE I4 of NE 1/4










SWIM 4of NW 1i4 1/4 MotNWIl4 SW/4ofNEl/4 1/4otN Elt









NW 1t4 ot SI 1/4 NE 114 f SW 1/4 NWIr 4 Ofta 1/4 Nt 14E O1W IA










NSW1/4of SW 114 I 114 oa sml114 bw i1 iS0 l4 a ilia ac 14






40 aas tOa S 20*.


CHAPTER 16J-0


GENERAL


Suvp. No. 73















12. PflOetTY LOrATION MD?
gho* 6e a in t lhme bal e mm e n oa a mhip.6 If a WOty m a by ti appad.n Cows Moum #Oa
em n .pe ~drar slo h twa pty kiamml wi es n on thi On me hm a dihdl to d dl pmormtim&
A of pi, mb rt .e i agre im yoWr ploptmy. If o y du mm mai dme dkm 4100Aildai ho, adi
a sm dtuh~ ide pmpap Alughn tdiIing.


Se 1-" 2640It (1J Ma


Suno. No. 73


GENERAL


CHAPTER 1&T-0












CHAPTER 16J-O GENERAL Supp. No. 73
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
(SWFWMD)
CONSUMPTIVE USE PERMIT


PERMIT GRANTED TO: PERMIT NO.
DATE PERMIT GRANTED:
_DATE PERMIT APPLICATION
FILED:
PERMIT EXPIRES ON:
SOURCE CLASSIFICATION: _
USE CLASSIFICATION: ,
(Legal Name and Address) USE CLASSIFICATION:

TERMS AND CONDITIONS OF THIS PERMIT ARE AS FOLLOWS:

I. That all statements in the application and in supporting data are true and accurate and
based upon the best information available, and that all conditions set forth herein will
be complied with. If any of the statements in the application and in the supporting data
are found to be untrue and inaccurate, or if applicant fails to comply with all of the
conditions set forth herein, then this Permit shall automatically become null and void.
2. This Permit is predicated upon the assertion by applicant that the use of water applied
for and ranted is and continues to be a reasonable beneficial use as defined in Section
379.019(5), Florida Statutes, is and continues to be consistent with the public interest,
and will not interfere with any legal useof water existingon the date this Permit is granted.
3. In granting this Permit, SWFWMD has, by regulation, reserved from use by applicant,
water in such locations and quantities, for such seasons of the year, as it determines may
be required for the protection of fish and wildlife and the public health and safety.
Such reservations are subject to periodic review and revision in light of changed conditions.
4. Based upon the application and supporting documents, SWFWMD finds that the
applicant's use of water was in existence before January 1, 1975 at the rate of-
gallons per-
5. Nothin in this Permit should be construed to limit the authority of Southwest Florida
Water Management District to declare water shortages and issue orders pursuant to
Section 373.175, Florida Statutes, or to formulate a plan for implementation during
periods of water shortage pursuant to Section 373.246, Florida Statutes.
6. This Permit authorizes the applicant named above to make a maximum combined
average annual withdrawal of gallons of water per with a
maximum combined withdrawal rate not to exceed during a single day.
Withdrawals are authorized as shown in the table below.
7. WITHDRAWAL POINT GALLONS PER DAY GALLONS PER DAY
LATITUDE LONGITUDE MAXIMUM AVERAGE


I













8. The use of said water is restricted to the use classification set forth above. Any change
in the use of said water will require a modification of this Permit.
9. In the event an emergency water shortage should be declared, the District may alter,
modify or declare to be inactive, all or parts of this Permit. An authorized District
Representative may, at any reasonable time, enter the property to inspect the facilities
and may require that this Permit be shown.
10. Applicant shall within the time limits hereinafter set forth, complete the following
items, and if applicant fails to complete them by the specified date, then this Permit
shall automatically become null and void.















Authorized Signature, SWFWMD




Applicant hereby certifies that applicant is the owner of the property covered by this application,
that the information contained in this application is true and accurate and, if applicant is a corporation
or a partnership. that the undersigned has the legal authority to execute this application and affidavit
on behalf of said corporation or partnership.


Signature of Applicant


Sworn to and subscribed before
me this -. day of .,
1976.


Notary Public
My Commission Expires:


supp. No. 75


GENERAL


CHAPTER 16J-0







CHAPTER 1EJ-o GENERAL Supp. No. 73


NOTICE of VIOLATION
YOU ARE IN VIOLATION of chapter 378
Florida Statutes (Flood Control) and Chap-
ter 357-1 of the Florida Administrative
Code (Regulation for the protection of the
works of the Southwest Florida water
Management District.)
YOU ARE DIRECTED to contact the office
below failure to do so will result in pro-
secution to the fullest extent of the law.
CHIEF PERMIT SECTION
Southwest Florida Water Management
District. P.O.Box 457, Brooksville, Fla. 33512
Tel Brooksville 904-796-7211


Supp. No. 73


CHAPTER 16J-0


GENERAL

















Supp. No. 73 GENERAL CHAPTER 16J-0


NOTICE TO CEASE AND DESIST

TO


tnsEor eMon Js-a/ eoo coae t'o .w. IITr.s a 01 o9lNTO

Addre s .6J
You ar is immi of Cfhaper 73. rl3r*s S= :".. ad Chapter kBI not lF.leds Admiaseaaws Cd chiteb at wthe
RIes and Resldatem of tm Sam.i.est FIleida WlWa Mu aue e Disnct (Ilrxeeey). copies at blhi tiaesw meld. at-
wit:

Flweide Sanms
Brief escriptioa of viola-
.__ SWRltR)d R t..on Baod 41oation of same.

I yes do an- .me tdb ab.os eaeam s a e beaA.. a 19,
tLhea he Son lme Feids falor Msnupar DiOertr t(Researr will pressed as iks dr be advihd dwr ef te(lowi lws:
603 DivIsion
1172.20 Pera atoo e Th iaa i d,. he pnsesag bar of ay eate mneaemeB disic ichi bl L a wmb r ag-
lmyr district is located. sy Lead bard. sad sp office or &asf of them bud@ ay rteo ay pmaryson- of w aay adM
a .tglulsim adped an pirmigaled o ed e isused tdbred. to W. aes as auy pwac officer is atemborisel a ate
ise lee. A? aoficar or .aye of aty seei beld Us appear bwfly e aIy Mraes. .epera c ijsse ereasa a criaiarl ca-es
sad smie e aflOiajwk apply f r iu m e ah urne isn be ammer pmi aed by l od sid Y ia.w. if sck safMtar
*ltl allege as t coaamisn a of a eaf .slll irse a senT direted wa aay sbarill. deputy. a consabl taabe a tret u say
offender.
609
1373J1 Ed.e : city ad claos lics a ausia. t I uastl be TIM las da o 20f e d tseay aawy. smlrilf. co
stable. police officerr ad slbri app*epriai- ity ad comty offiasis. po aqtsa. a.a tsiel dt4he gavml a b6ama of day
uaer asr a.r disnct, or any leut board. ao ar ae of th a pes is ads dcc et ala peiseas at oais law an d lhb rules
and egdaataes adepasAs teedaer.
129 diTviaon
1371.24 Mimesn .s aasam. Tim* Amd. Ibq pownries bad at ay water maagemear dimict. a ay lal basednl is
aabiovid a commeme ad mainmi proper d cmssary artiM a proreedig i assay com of cmpr ten idaieas for la
at cbe fl|ei.g prposes:
(1) Toe *dee rules. resulacaa sad adrts adopted r issued pIemus to cs hs.
(2) To eao a r laeiiews of tr proismme of dkis la r aes. gdMlats a d adeln adeed pure aer hees.
(3) To pfa.ee and pr. ahe wr resources of ae -a..e.
(.1 To daeend all acs ad proedisp. inerap it pFrsn asd dowie peMtaiiMg M ae uo s. maa .f dche amae.

M373 Pmelaties. Any wpI e I '.S a ? 4a1la *- a. nad .gnpldea aor d der nad or ised pr-
sm i ateo a. ilcty eo m.e- sdue.eaie canW t E object to p-niame by .priu.s me a e scadiN( t 60
alet ao faina s aexeedia 1500.00 or bsah.
Days Chief Pemits Section
if y m.y questimes teardlip ibl m*mer. ymea sbad ismedl ly emac the oic. of abs Oli.t*pe.lepl. iSosr-h
*ms FleiLs daer iMoagaeir Diselie (Rplaiaeoy). ar d Disac office e U.S. Hi lsay et, located ven miles much of
Bnreksille. Floead or by aelpblein Breseail* 1904) 7-63aM1 TlZa-w fJn IJ '*I*.
SOUTHWEST FLORIDA WATER MANAGEMENT
DISTRICT (REGULATORY)

By


CERTIFICATE OF SERVICE

STATE OF FLORIDA
COUNTY OF

THIS S TO CERTIFY. THAT I.

lee this day saw ad up. u iad dtrd. a opy f ala c ,ae : a6mnr r -

0aed. tois.... day of 19_




S.a na ad swubmsited before tr i day ai 19

N-ry pbie _________




s st, 9NDIMUM QW NOTICE
-, .m. .




:;,".' ma
CHIEF PE nITS SECT:i














90











CHAPTER 16J-0 GENERAL Supp. No. 73

COMPLETION REPORT

PERMIT NUMBER

APPLICANT
Name

Address Phone

PROJECT COMPLETED
Date

PROJECT ABANDONED
Date
REMARKS





Signature













Spp. No. 73 GENERAL CHAPTER 16J-0
NO CARBON REQUIRED

APPLICATION FOR PERMIT Number

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
P. Box 457. Brooksville Florida 33512

L Description of construetio or use: ..... .... .. .... .............


2. Location:
Cont ...... Section: ... ... Township: Range,..........
Block: .......... Lot: ... ............. Subdivision:..........................
3. "Works of the Dist (Body of Water) involved (Section 16 CB-1 (1.03) ......................

4. Name of applicant: ................................................. ...................... ....................
Street or P. O. Box: .... .. .. ...... ............. ........................
City .. ... ....... ... ... ................. .... tate ........ .......... ....
5 Name of owner if other tha applicant: .........................
St t or P. O B : ....... ....................................................... ..............
agtv .. ... ..... ..... ..... .... ............ State
f piat is not the owner. a letter dated and signed by owner authorizing the applicant to act faor him
must accompany this application.
Area (acre) proposed to be served: (If tpplicaton is for drainage or irrigation connection. ist the acre-
ages involved.) .................. .........
7. How soon after receipt of the permit will work commence? days. When will work be completed?
(If not completed by this date and no extension of time is applied far and wanted, thi
permit is voided.)
& In the event that the requirements or interests of the Snuthwest Florida Water Maaagemna t Distdet indicate
that the removal or alteraton of any structure or works installed by the penmittes is neceary, or if the str
trb becomes in an unsafe condition, the structure or works must be removed or altered within 0 days of
notice and at no cost to the District. Should the permitted fail or refuse to alter, or remove the strutuere when
s notified, the SWFWMD may alter, repair or remove the strutue or work and the cost inidetal thereto
must be paid by the permitt-
Any eroson to or shoaling in a Work of the District" caused by the permitted's onstructioa shall be re-
moved or repaired promptly by the permitted at no epense to the Disaict
10 This application including sketches, drawing or plans and specifications attached contains a fil and com-
plete description of the work proposed or use desired of th above described fadlities of the District and
for which permit is herewith applied. It shall be a part of any permit that may be sued.
11 This application s subject to all stipulatios which may appear on the approving tranmittal tter.

Submitted this .......... day of ......... ....... 19 ..

Signature of Applicant
(Initial) (Data)
Enginering Division Approvd ................ ........ ... ............. ----
Maintenance Division Approved .... ....... -.. ..----- ..--.
Final Construction Completed ............................ ............. .. ......

Appliot keeps Yellow Coagy ad send White forrmd
etvisao *m/










RULES
OF
THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
CHAPTER 16 CB-I
PROTECTION OF THE WORKS OF THE DISTRICT


1.01 Explanation of the Permit System
1.02 Legal Basis for Issuance of Permits
1.03 The Works of the District
1.01 Explanation of the Permit Sys-
tem.-
(1) The Southwest Florida Water Manage-
ment District owns, maintains, or has accepted
responsibility for certain canals, water control
structures, rights-of-way, lakes and streams;
as well as other works which are specifically
named in this rule as "The Works of the Dis-
trict".
(2) The protection of existing works from
actions which would impair their ability to ac-
complish the purpose for which they were in-
tended, and the protection of other works for
which planning is under way is the responsibil-
ity of this District.
(3) These regulations establish procedures
to be followed by those who find it necessary to
connect to, withdraw water from, discharge
water into, place construction within or across,
or otherwise make use of the works of the
Southwest Florida Water Management District.
(4) State Laws prohibit such work unless
approved by the Governing Board of the Dis-
trict. This approval is usually granted in the
form of a permit.
(5) The Permit does not convey any prop-
erty rights or privileges other than those speci-
fied in the Permit; it does not authorize any
injury to private property or invasion of pri-
vate rights nor does it waive the governing
requirements of any other agency or authority.
It simply expresses the assent of the Southwest
Florida Water Management District insofar as
concerns the public's interest and protection
under the Flood Control Law.
General Authority 378 FS Law Implemented 378.01(1)(2)(3)
(4) 378.151; 378.16(1)(2); 375.17(1)(2)
*Hstory.-New 2-20-4. Amened S-2s-67
.1.02 Legal Basis for the Issuance of Per-
mits.-
(1) Chapter 61-691, Laws of Florida, cre-
ated the Southwest Florida Water Management
District July 1, 1961, to effect the provisions
of Chapter 378, Florida Statutes.
(2) Chapter 378, Florida Statutes, (Florida
Flood Control), contains provisions in Chapter
378.01 (1) (2) (3) (4), Chapter 378.151, Chap-
ter 378.16 (1) (2), and Chapter 378.17 (1) (2).
General Authority 61-691 LF; 378 FS
(3) The Governing Board of the Southwest
Florida Water Management District has corn-


1.04 Permit Application Procedure
1.05 Preparation of Drawing or Sketch

mitted itself in writing to the Secretary of the
Army to perform the requirements of local co-
operation under the project, "Four River Ba-
sins, Florida" (H. D. 585, 87th Congress, 2nd
Session). Among these requirements is the fol-
lowing:
"In the case of all canals, reservoir outlets,
floodways, and natural streams on which up-
stream project works are provided, the neces-
sary floodway should be preserved or the
rights thereon secured to permit discharges
which would not cause significant damages un-
der present conditions of development."
General Authori:y 378 FS Law Implemented 378.01(1); 378.07
stery7.-New 2.-20-6
1.03 The Works of the District.-The
following were declared to be "The' Works of
the District" by the Governing Board of the
Southwest Florida Water Management District
in its Resolution No. 63, dated October 9, 1963;
and subsequent motions of January 16, 1964;
March 17, 1965, March 15, 1967 and March 13,
1968 and at a Public Hearing of May 8, 1968:
(1) The Hillsborough River, its natural
floodway and tributaries, connecting channels,
canals, and lakes.
(2) The Oklawaha River, its natural flood-
way and tributaries, connecting channels, ca-
nals, and lakes.
(3) The Withlacoochee River, its natural
floodway and tributaries, connecting channels,
canals, and lakes.
(4) The Peace River, its natural floodway
and tributaries, connecting channels, canals,
and the lakes which are regulated by the Dis-
trict control structures, including their con-
necting channels and canals.
(5) The authorized Green Swamp Basin
reservoirs, connecting channels, control struc-
tures, and discharge channels below reservoirs.
(Note: The land areas required for the three
reservoirs must be protected against encroach-
ment by private or public works to insure
proper functioning of the "Four River Basins,
Florida" project.)
(6) The Anclote River, its natural floodway
and tributaries, connecting channels, canals,
and lakes.
(7) Lake Tarpon, its connecting channels
and canals including the Lake Tarpon Outfall
Canal.


.93


Supp. #54


PROTECTION OF WORKS.


CHAPTER 16 CB-1










Supp. No. 73 GENERAL CHAPTER 16J-0
DOCK OR PIERS


We require the following information on woik to be performed prior to issuance
of a permit for a dock or pier.

I. A sketch indicating the proposed dock location in relation to the existing
shoreline and the side property lines.

2. The proposeddeck elevation above the existing water level.




Some Basic Guidelines

I. Docks shall be a minimum of 10 Feet from the side property line.

2. Dock length shall be limited to length required to provide navigability.

3. Docks shall be float type or supported upon open pilings.

4. Docks shall be positioned at right angles to the shore except in unusual circumstances.

5. Docks shall not be located or constructed in a manner which would inhibit flow
or restrict navigation.

6. Docks may parallel the shoreline.

7. Docks should have warning reflectors.













BULKHEADS


We require the following information on work to be performed prior to
issuance of a permit for a bulkhead.

1. A property survey or sketch indicating the proposed wall location
in relation to the existing shore line.

2. The proposed alignment must be staked out for an on site inspection
by our Field Inspector. Notify the Southwest Florida Water Management
District when the site is ready for inspection.

SOME BASIC GUIDELINES


1. Bulkheads must be located landward of the mean high water line
except in unusual circumstances.

2. Foundtions or pile ends should be well below the low water line
and in firm material.

3. There should be a minimum four (4) foot return on each end of t.he
wall and deadmen should not be more than ten (10) feet apart unless
other adequate means of anchorage is provided.

4. Weep holes for yard drainage should be provided above the water
line.







Spgcta Authdty 73.079. 373.126. 73.129, 120.53 PS.
Law Implemented 373.10. 373.113, 120.53 FS.
3t"if-N.w 12-31-74. Amnuded 10-24-76.


CHAPTER 16.T-0


GENERAL


Supp. No. 73















RULES

OF THE

SOUTHWEST FLORIDA WATER

MANAGEMENT DISTRICT

CHAPTER 16J-1

WORKS OF THE DISTRICT


PART 1 -Works of the District
16J-1.001 Purpose
16J-1.002 Definitions
16J-1.003 Implementation
16J-1.01 Explanation of the Permit System for the
works of the District
16J-1.03 The Works of the District
16J-1.051 Permit Required; Exemptions;
Applications
16J-1.06 Content of Application and Conditions
for Permit
16J-1.061 Permit Processing Fee
16J-1.07 Notice and Hearing Requirements
16J-1.09 Inspections
16J-1.10 Completion Report
16J-1.11 Revocation and Modification of Permits
16J-1.13 Remedial Measures
16J-1.14 Emergency Authorization for
Construction of Works
16J-1.15 Emergency Measures
16J-1.40 Encroachment Lines
16J-1.41 Hillsborough River Encroachment Line

16J-1.001 Purpose.
(1) The purpose of Part 1 of these rules and
regulations is to implement the declared water policy
of Southwest Florida Water Management District and
the State of Florida insofar as it relates to the works
of the District. The Southwest Florida Water
Management District adopted Rules relating to
protection of the works of the District on February
20, 1964. The Rules so adopted which are still
applicable are set forth herein. The Rules in this part
are for the protection of the works of the District.
(2) The Governing Board of the Southwest
Florida Water Management District, in discharging its
duties and responsibilities has committed itself in
writing to the Secretary of the Army to perform the
requirements of local cooperation under the project,
"Four River Basins, Florida" (H. D. 585, 87th
Congress, 2nd Session). Among these requirements is
the following:
"In the case of all canals, reservoir outlets,
floodways, and natural streams on which
upstream projects works are provided, the
necessary flood-way should be preserved or the
rights thereon secured to permit discharges
which would not cause significant damage
under present conditions of development."
Specifa Authority 373.044, 373.113. 373.149. 373.171 FS.
681-691. Laws of Florida. Law Implemented 373.084.
373.085. 373.086, 373.087, 373.103 PS.
History-Readopted 10.6-74.


16J-1.002 Definitions. The terms set forth
herein shall have the meanings ascribed to them
unless the context clearly indicates otherwise and
such meanings shall apply throughout Part 1 of these
rules and regulations. The terms defined in Rule
16J-0.02 shall also apply throughout Part 1.
(1) "Tributaries" means the contributing
streams and other watercourses, including brooks,
rills and rivulets, extending upstream to the point
where water usually begins to flow in a regular
channel, with an alveus, or bed, and banks or sides, or
to the point where the lines of ordinary high water
marks converge, whichever extends the farthest
up-gradient.
(2) "Work of the District" means any lake or
other impoundment, or stream or other watercourse,
control structure, or other facility, owned and
maintained by the District or adopted by the
Govening Board as a work of the District.
Specine Authority 373.044. 373.113, 373.149, 373.171 FS.
61-691 Laws of Florida. Law Implemented 373.086 FS.
Hitora-eadopted 10.5-74.

16J-1.003 Implementation. Part 1 shall
continue to be implemented throughout the entire
area which remained as part of the District after the
transfer pursuant to Chapter 76-243, Law of
Florida, which occurred at 11:59 p.m. on December
31, 1976; and shall be immediately implemented in
the areas transferred as a part of the District
pursuant to Chapter 76-243, Laws of Florida, which
occurred at 11.59 p.m. on December 31,1976. In
addition, Part 1 shall be immediately implemented
in the area transferred as a part of the District
pursuant to Chapter 78-65, Laws of Florida, which
occurred on July 1, 1978. If any provisions of Part
1 are inconsistent with prior rules and procedures,
the new provisions shall apply commencing July 1,
1977.
Specific Authority 373.044, 373.113, 373.149, 373.171
FS. 7845. Laws of Fla. Law Implemented 373.084,
373.085, 373.088, 373.087, 373.103 FS, 78-66, Laws of
Fla. History--eadopted 10-5-74, Amended 7-21-77,
10-16-78.
16J-1.01 Explanation of the Permit System for
Works of the District.
(1) The Southwest Florida Water Management
District owns, maintains, or has accepted
responsibility for certain canals, water control
structures, rights-of-way, lakes and streams, as well as
other works which are specifically named in this part
as "The Works of the District."
(2) The protection of existing works from
actions which would impair its capacity to
accomplish the purpose for which it was intended,


WORKS OF THE DISTRICT


CHAPTER 16J-1


Supp. No. 96














CHAPTER 16J.1 WORKS OF THE DISTRICT


and the protection of other works for which planning
is under way is the responsibility of this District.
(3) These regulations establish procedures to
be followed by those who find it necessary to
connect to, withdraw water from, discharge water
into, place construction within or across, or to
otherwise make use of the works of the Southwest
Florida Water Management District.
(4) State Laws prohibit such work unless
approved by the Governing Board of the District.
This approval is usually granted in the form of a
permit.
(5) The Permit does not convey any property
rights or privileges other than those specified in the
Permit; it does not authorize any injury to private
property or invasion of private rights nor does it
waive the governing requirements of any other agency
or authority. It simply expresses the assent of the
Southwest Florida Water Management District insofar
as concerns the public's interest and protection of the
water resources of the District.
Specift Authorty 373044. 373.113. 373.149 373.171 FS.
61-691 Laws of Fla. Law Implmented 373.084. 373.085.
373.086, 373.087, 37&103 VS. Hitory-Readopted 10.5.74.


16J-1.03 The Works of the District.
The following have been declared to be "The Works
of the District" by the Governing Board of the
Southwest Florida Water Management District
through the adoption of the indicated resolutions and
motions:
(1) The Hillsborough River, its natural
floodway and tributaries, connecting channels, canals,
and lakes. By Resolution No. 63, dated October 9,
1963.
(2) The Oklawaha River, its natural floodway
and tributaries, connecting channels, canals, and
lakes. By Resolution No. 63, dated October 9, 1963.
(3) The Withlacoochee River, its natural
floodway and tributaries, connecting channels, canals,
and lakes. By Resolution No. 63, dated October 9,
1963.
(4) The Peace River, its natural floodway and
tributaries, connecting channels, canals, and the lakes
which are regulated by the District control structures,
including their connecting channels and canals. By
Resolution No. 63, dated October 9, 1963.
(5) The authorized Green Swamp Basin
reservoirs, connecting channels, control structures,
and discharge channels below reservoirs. (Note: The
land areas required for the three (3) areas, reservoirs
must be protected against encroachment by private or
public works to insure proper functioning of the
"Four River Basins, Florida" project.) By Resolution
No. 63, dated October 9, 1963.
(6) The Anclote River, its natural floodway
and tributaries, connecting channels, canals, and
lakes. By Resolution No. 63, dated October 9, 1963.
(7) Lake Tarpon, its connecting channels and
canals, including the Lake Tarpon Outfall Canal. By
Resolution No. 63, dated October 9, 1963.


(8) Old Tampa Bay north of Courtney
Campbell Causeway and all tributary streams,
channels, and canals discharging therein. By
Resolution No. 63, dated October 9, 1963.
(9) The Alafia River, its natural floodway and
tributaries, connecting channels, canals, and lakes. By
Resolution No. 63-A, adopted March 17, 1965.
(10) The Little Manatee River, its natural
floodway and tributaries, connecting channels, canals,
and lakes. By Resolution No. 63-A, adopted March
17,1965.
(11) The Palm River and Six Mile Creek, their
natural floodways and tributaries, connecting
channels, canals, and lakes. By Resolution No. 63,
dated October 9, 1963.
(12) The Pithlachascotee River, its natural
floodway and tributaries, connecting channels, canals,
and lakes. By motion adopted March 15, 1967.
(13) The Waccasassa River, its natural
floodway and tributaries, connecting channels, canals,
and lakes. By motion adopted March 15, 1967.
(14) McKay Bay north of 22nd Street
Causeway, all tributaries, channels, and canals
discharging therein. By motion adopted March 15,
1967.
(15) The Weeki Wachee River, its natural
floodway, tributaries, connecting channels and canals.
By motion adopted March 13, 1968.
(16) Lake Sloan, in Hillsborough County,
together with its natural floodways and tributaries,
connecting canals and lakes. By Resolution No. 538,
dated April 10, 1974.
(17) Crystal River, its natural floodways and
tributaries, connecting channels, canals, and lakes. By
Resolution No. 542, dated April 10, 1974.
(18) Homosassa River, its natural floodways
and tributaries, connecting channels, canals, and
lakes. By Resolution No. 542, dated April 10, 1974.
(19) Chassahowitzka River, its natural
floodways and tributaries, connecting channels,
canas, and lakes. By Resolution No. 542, dated April
10, 1974.
(20) Bullfrog Creek, north of Big Bend Road
(S.R.672).
(21) Delany Creek, west of the eastern
boundary of Section 30, Township 29S, Range 20 E.
Spednc Authodty 373.044. 373.113. 373.149. 373.171 FS.
61-691. Laws of Florida. Law Implemeted 373.086 FS.
Histor-Readopted 10-5-74, Amended 12-31-74.


16J-1.051 Permit Required; Exemptions;
Applications.
(1) Unless expressly exempted, a permit shall
be required to connect to, withdraw
water from, discharge water into, place
construction within or across, or otherwise make use
of a work of the District or to remove any facility or
otherwise terminate such activity.
(2) A permit shall not be required:
(a) To remove any dock, pier, piling, or boat
house.


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CHAPTER 16J*1














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CHAPTER 16J-1


(b) To construct, alter or remove any pumping
facility withdrawing water from any stream, lake or
pond for individual domestic use or for watering
residential lawns and shrubs so long as such activity
does not breach or alter the bank or shoreline or
constitute a hindrance to the flow of any stream or
other watercourse which is a work of the District,
provided however, that Part 2 shall apply to the use
of water for such purposes.
(c) To temporarily dewater an area within the
limits of a Work of the District for construction,
alteration, or repair of building or other foundations
and roadways, or during installation, alteration, or
repair of utility pipelines, cables, culverts and catch
basins, when such temporary dewatering will be for a
period not exceeding six (6) months, provided
however, that the District shall be advised in writing
prior to commencing such activity. A permit shall be
required prior to continuation of dewatering activities


beyond the initial six (6) months period.
(d) For activities exempted from Chapter 373
permits by Section 403.813(2), Florida Statutes, as
amended by Chapter 78-146, Laws of Florida.
Specfic Authority 373.044. 373.113. 373.149. 373.171
F. 61-691. aws ot Florida. Law Impemend 373.084.
373.085. 373.086. 373.103. 403.813 FS.
HIstory-Readopted 10.-74, Amended 12-31-74, 8-2-78.


16J-1.06 Content of Application and
Condition for Permit.
(1) Permit Application shall be sworn to and
dated by the applicant or his duly authorized agent
and shall be filed with the Board on forms provided
by the Board which shall include:
(a) The name and address of the applicant.
(b) The name and address of the owner or
owners of the land upon which the construction or
alteration is to take place, and a legal description of


SUpp. No. 94














Supi~. No.73 WORKS OF THE DISTRICT CHAPTER 163-1


such land.
(c) Location of the work.
(d) Plans and specifications.
(e) The name and address of the person who
prepared the plans and specifications.
(f) The name and address of the person who
will construct the proposed work, when available.
(2) The Board may also require the applicant
to submit other information deemed necessary.
(3) To obtain a permit under Part 1 the
permitted activity:
(a) Must be reasonable and beneficial; and
(b) Must not be inconsistent with the public
interest.
(4) Issuance of a permit will be denied if the
permitted activity:
(a) Will place fill material, or any non-water
use related structure within the mean annual
floodplain of a lake or other impoundment, or of a
stream or other watercourse.
(b) Will cause significant adverse effects on
lands not owned, leased, or otherwise controlled by
the applicant by drainage or inundation.
(c) Will restrict or alter the rate of flow of a
stream or other watercourse within the floodplain of a
twenty-five (25) year flood unless the land is owned,
leased, or otherwise controlled by the applicant.
(d) Will extend beyond a line of encroachment
established by the Board.
(e) Will cause an increase or decrease in the
rate of flow of a stream or other watercourse by five
percent (5%) or more.
(f) Will cause an increase in the peak rate of
flow or total volume of storm runoff by ten percent
(10%) or more from landsowned, leased, or otherwise
controlled by applicant.
(5) The Board for good cause shown may
grant exceptions to the provisions of paragraph (4)
above when, after consideration of all data presented,
including economic information, it finds that it is
not inconsistent with the public interest.
Specifei Authority 373.044. 373.113, 373.149, 373.171 FS,
61-691 Laws o Fla. Law Implemented 373.084, 373.085,
373.086, 373.103 FS. History--eadopted 10-8-74.
Amended 12-31-74.
16J-1.061 Permit Processing Fee. A permit
processing fee shall be paid to the District at the time
a permit application is filed in the amount prescribed
in the schedule set forth in Rule 16J-0.111.
Sp9ciic Authority 373.044, 373.113, 373.149, 373.171 FS,
61-691 Laws of Fa. Law Implemented 373.109 FS.
History-Radopted 10-4-74.

163-1.07 Notice and Hearing Requirements.
(1) The Board will either issue or deny the
permit within forty-five (45) days after receipt of a
completed application, together with all supporting
information requested, or set a time for a public
hearing on said application.
(2) The applicant shall be given notice not less
than ten (10) days in advance of such hearing.
Specitfi Authority 373.044, 373.113, 373.149. 373.171 FS.
61-691 Laws of Fla. Law Implemented 373.084. 373.085.
373.086, 373.103 FS. tHitory-Readopted 10-8-74.
16J-1.09 Inspections.
(1) During such construction or alteration of
any permitted work or works, the Board may cause
to be made at its expense such periodic inspections as
it deems necessary to insure conformity with the


approved plans and specifications included in the
permit.
(2) If during construction or alteration, the
Board finds that the work is not being done in
accordance with the approved plans and
specifications as indicated in the permit, it shall give
the permitted written notice stating how the
construction is not in compliance and ordering
immediate compliance with such plans and
specifications. Failure to act in accordance with the
orders of the Board after receipt of written notice
may result in the initiation of revocation proceedings
in accordance with the provisions of Rule 16J-1.11.
(3) Upon completion of such construction or
alteration, the Executive Director shall have
inspections as frequently as deemed necessary. No
person shall refuse immediate entry or access to any
authorized representative of the Board who requests
entry for purposes of such inspection and who
presents appropriate credentials.
901lc Authority 373.044. 373.113. 373.149. 373.171 FS
61-691 Laws of Fla. Law Implemented 373.084, 373.085,
373.086. 373.103 FS. HIstory-Readopted 10-6-74.
16J-1.10 Completion Report. Within thirty
(30) days after the completion of construction or
alteration for which a permit was granted by the
Board, the permitted shall file with the District a
written statement of completion on the appropriate
form provided by the Board.
Speciti Authority 373.044. 373.113, 373.149, 373.171 PS.
61-691 Laws of Fla. Law Implemented 373.084, 373.085,
373.086, 373.103 FS. History-Readopted 10-6-74.
16J-1.11 Revocation and Modification of
Permits.
(1) The Board may revoke or modify a permit
at any time if it determines that the permitted work
or works has become a danger to the public health or
safety or if its operation has become inconsistent
with the objectives of the District or is in violation of
any regulation or order of the District, or the
conditions of the permit.
(2) Before any such revocation or
modification, the Board shall give written notification
thereof by registered or certified mail to all affected
persons. Such notification shall contain a statement
of the reasons why the permit may be revoked or
modified, and a reference to any applicable District
objective, regulation, order, or permit condition. An
affected person may file a written petition no later
than ten (10) days after notice of proposed
revocation or modification is served for a hearing in
accordance with Part 0. No permit shall be revoked or
modified before an affected person is afforded an
opportunity for a hearing before the Board.
(3) If the Executive Director determines that
the danger to the public is imminent, he may order a
temporary suspension of the construction, alteration,
repair, or operation of the work or works until the
hearing is concluded, or may take such action as
authorized under Rule 163-1.14.
Specifc Authority 373.044, 373.113, 373.149. 373.171 FS.
61-691. Laws of Fla. Law Implemented 373.084, 373.086,
373.086. 373.103 FS. History-Readopted 10-5-74,
Amended 12-31-74.
16J-113 Remedial Measures.
(1) Upon completion of any inspection
provided for by Rule 16J-1.09(3), the Executive
Director shall determine what alterations or repairs
are necessary, and order that such alterations or
repairs shall be made within a certain time, which


CHAPTER 16J-1


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Suva. No. 73




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