Title: F.S. 1991. Sec. 373.036 State water use plan. Handwritten note: Is 17.40 subject to 373.036?
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00052945/00001
 Material Information
Title: F.S. 1991. Sec. 373.036 State water use plan. Handwritten note: Is 17.40 subject to 373.036?
Physical Description: Book
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052945
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text

of said board, (3) The board of county commissioners of any
county or the governing board of any water manage-
;pro rata share ment district, municipality or water district desiring to
operatingg the establish a saltwater barrier line is authorized to reim-
/er Basins, the burse the department for any expense entailed in mak-
t in excess of ing an investigation to determine the proper location of
ed the depart- the saltwater barrier line, from any funds available to
them for general administrative purposes.
southeast River (4) The department, any board of county commis-
into whatever sioners, and the governing board of any water manage-
or the purpose ment distri' m^r..niir~.a .r *,toar ,.io u-^ having com-
ince coverage petent ju / water bar-
ppropriated to rier is est 7 v forcement
ended for such of the pi ity for the
I to take what- mainten, 4 '. 7 :1 5 hall apply
to provide the to this s
(5) T )ly specifi-
i7-595; ss. 25,35, ch. cally to tl mmission-
ers, or tc nagement
district, C ig jurisdic-
tion ove rier line is
st of the board establish .., .__ ..... ource may
at the request be available to them for the purpose of constructing salt-
lagement dis- water barrier dams, dikes, and spillways within existing
responsible for canals and streams in conformity with the purpose and
, having deter- intent of the board in establishing the saltwater barrier
ution that salt- line.
History.-s. 2, ch. 63-210; ss. 25, 35, ch. 69-106; s. 25, ch. 73-190; s. 14, ch.
-nergency pro- 78-95; s. 40, ch. 79-65; s. 85, ch. 79-164.
generally along Note.-Former s 373.194.
nd within the
aing board has 373.036 State water use plan.-
i of which no (1) The department shall proceed as rapidly as pos-
md no natural sible to study existing water resources in the state;
hid no natural means and methods of conserving and augmenting
which shall dis- such waters; existing and contemplated needs and uses
ntrol structure of water for protection and procreation of fish and wild-
ar barrier line, life, irrigation, mining, power development, and domes-
t water inland tic, municipal, and industrial uses; and all other related
iever, that the subjects, including drainage, reclamation, flood plain or
ere saltwater flood-hazard area zoning, and selection of reservoir
requirement of sites. The department shall cooperate with the Execu-
istruct a canal tive Office of the Governor, or its successor agency, pro-
ta protective gressively to formulate, as a functional element of a com-
icy petitioning prehensive state plan, an integrated, coordinated plan
rrier line shall for the use and development of the waters of the state,
based on the above studies. This plan, with such
commissioners amendments, supplements, and additions as may be
lagement dis- necessary from time to time, shall be known as the state
the establish- water use plan.
iade by adop- (2) In the formulation of the state water use plan, the
3 to: department shall give due consideration to:
t of necessary (a) The attainment of maximum reasonable-
o, subsurface beneficial use of water for such purposes as those
roper location referred to in subsection (1).
xr in all or part (b) The maximum economic development of the
3ncy has juris- water resources consistent with other uses.
(c) The control of such waters for such purposes as
visions of this environmental protection, drainage, flood control, and
air control; by water storage.
ats for record (d) The quantity of water available for application to
icies seeking a reasonable-beneficial use.
Face drainage (e) The prevention of wasteful, uneconomical,
impractical, or unreasonable uses of water resources.

(f) Presently exercised domestic use and permit 373.(
rights, plan to<
(g) The preservation and enhancement of the water sificatic
quality of the state and the provisions of the state water shall cc
quality plan. use pla
(h) The state water resources policy as expressed water c
by this chapter. History.
(3) During the process of formulating or revising the
state water use plan, the department shall consult with, 373.(
and carefully evaluate the recommendations of, con- ments.
cerned federal, state, and local agencies, particularly (1)
the governing boards of the water management dis- govern,
tricts, and other interested persons. local gc
(4) Each governing board is directed to cooperate lic facial
with the department in conducting surveys and investi- water n
gations of water resources, to furnish the department (2)
with all available data of a technical nature, and to advise shall pr
and assist the department in the formulation and draft- local gC
ing of those portions of the state plan applicable to the tion of
district, public f
(5) The department shall not adopt or modify the ever is
state water use plan or any portion thereof without first include
holding a public hearing on the matter. At least 90 days (a)
in advance of such hearing, the department shall notify ties rep
any affected governing boards, and shall give notice of (b)
such hearing by publication within the affected region schedu
pursuant to the provisions of chapter 120, except such (c)
notice by publication shall be extended at least 90 days schedu
in advance of such hearings. other the
(6) For the purposes of this plan the department (d)
may, in consultation with the affected governing board, regulate(
divide each water management district into sections projects
which shall conform as nearly as practicable to hydro- operate
logically controllable areas and describe all water acterist
resources within each area. lands,
(7) The department shall give careful consideration (e)
to the requirements of public recreation and to the pro- includir
tection and procreation of fish and wildlife. The depart- and an
ment may prohibit or restrict other future uses on certain ground'
designated bodies of water which may be inconsistent injection
with these objectives. region
(8) The department may designate certain uses in 20 year
connection with a particular source of supply which, (f)
because of the nature of the activity or the amount of manage
water required, would constitute an undesirable use for (g) I
which the governing board may deny a permit, face we
(9) The department may designate certain uses in the eco
connection with a particular source of supply which, water
because of the nature of the activity or the amount of resource
water required, would result in an enhancement or History.
improvement of the water resources of the area. Such
uses shall be preferred over other uses in the event of 373
competing applications under the permitting systems inventc
authorized by this chapter. develop
(10) The department, in cooperation with the Execu- invento
tive Office of the Governor, or its successor agency, may the go
add to the state water use plan any other information, not e
directions, or objectives it deems necessary or desirable (1)
for the guidance of the governing boards or other agen- water
cies in the administration and enforcement of this chap- (2)
ter. contain
History.--s 6, part I, ch 72-299; ss 2, 3, ch. 73-190; s. 122, ch 79-190 ejected c




F.S. 1991

F.S. 1991

University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs