Title: Opinion File 76-71 thru 76-72
Full Citation
Permanent Link: http://ufdc.ufl.edu/WL00003461/00001
 Material Information
Title: Opinion File 76-71 thru 76-72
Physical Description: Book
Language: English
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Buddy Blain's Collections - Opinion File 76-71 thru 76-72
General Note: Box 14, Folder 5 ( Opinions 1976 - 1977 - 1976 - 1977 ), Item 14
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003461
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

^ 76-71


T): MGG /Y i C 1

RE: Jurisdiction of SWFWMD
"-^ c------
C apter 373 as amended, provides that the Water Management Dis-
tict may, in order to obtain the most beneficial use of water
sources of the State and to protect the public health's safety
d welfare in the interest of water users affected, establish
les and regulations or orders affecting the use of water, as
editions warrant, and forbidding the construction of new di-
rsion facilities or wells, the initiation of new water uses, or
dification of any existing uses, diversion facilities, or storage
cilities without permit within the affected area. Provided how-
er, that no rule, regulation or order shall require any modi-
cation of an existing use or disposition of water in the District
less it is shown that the use or disposition proposed to be modi-
ed is detrimental to other water users or to the water resources
the State. F. S. 373.171(1976).

e Statute provides that the Water Management District shall
ve regulatory powers over any construction involving underground
f >rmations such as projects involving artificial recharge or in-
ntional introduction of water into any underground formation;
nsumptive use of water except for domestic consumption of water
individual users; construction repair, abandonment and use of
y water wells within the district; and management and storage
Surface waters.

rhaps the broadest areas in the Statute concern those sections
ncerned with the permitting of consumptive uses of water and the
regulation of management and storage of surface waters. The Statute
ntains no definition for consumptive use, however, it would seem
reasonable for such a term to be construed as including the pollution
f water. Assuming this construction to be valid it would be
logical to assume that District has the power to require any person,
other than a domestic user, to obtain a permit for any building or
construction which would result in pollution of any waters within
he State. This is a power very similar to that now possessed by
he Corps of Engineers.

he Section involving the regulation of management and storage of
surface waters provides that the Governing Board or the Department
f Environmental Regulation may require such permits and impose
uch reasonable conditions as are necessary to assure that the

f- 1

-- 1 --

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7I 6= 7

S: Jurisdiction of SWFWMD (CONTINUED)

c instruction or alteration of any dam, impoundment, reservoir,
a purtenant work, or works, will not be harmful to the water
r sources of the district (F. S. 373.413). Additionally the
Statute provides that the governing board or Department of
environmental Regulation may require such permits and impose
ich reasonable conditions as are necessary to assure that the
I eration and maintenance of any dam, impoundment, reservoir, or
a purtenant work, or works will not be inconsistent with the
Ser-all objectives of the district and will hot be harmful to
e water resources of the district. This section of the Statute
ever, provides that 'no rule b: regulation or order adopted by
e governing, board shall' be construed to Affebct the right of, any
rson engaged in the occupation of agrJi-ultre, .floriculture, .-
horticulture to alter the topography, of any tract of land for
Srposes consistent with the practice of such occupation. However,
ch alteration may not be for the sole" or; predominant. purpose of
ponding or obstructing sorfac- waters.' Additionally nio rule or
gulation adopted by the governingboard shall be. construed to be
plicable to construction, operation or maintenance of any closed
stem' except that. tO b regulation of consumptive uses shall be
plicable to such closed system.

e scope of this section of the Statute is revealed by examining
Sie definitions contained in sections 373.019 and 373.403 of the
atutes. 373.019 F. S. defines "water" or "waters in the State"
any and all water on or beneath the surface of the ground or
Sthe atmosphere including natural or artificial water courses,
kes, ponds, or diffused surface water and water perculating,
ending or flowing beneath the surface of the ground, as well as
l coastal waters within the jurisdiction of the State. "Surface
water" is defined as water upon the surface of the earth, whether
cntained in bounds created naturally or artificallyor. diffused.
ter from natural springs shall be classified as surface water
en it exits from the spring onto the earth's surface.. Section
73.403 F. S. defines "works" as all artificial structures not
ciuded in sub-Sections 1 and 2, (which define dams and appurtenant
rks), including but not limited to ditches, canals, conduits,
annels, culverts, pipes and other construction that conhectsto,
raw water from, drains water into, or is placed in-or across,
he waters of the State, but not including wells t at are defined
n part 3. The Statute defines "dam" as any artificial or natural
carrier with appurtenant works raised to obstruct or impound, or
hici does obstruct or impound the surface waters of the State.

examination of these definitions indicates the District might have
he right to regulate the construction and maintenance of any ditch
depression or fill project structure which might affect or alter
he drainage patterns in any given area.


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