(1) “Alternative water supplies” means salt water; brackish surface and groundwater; surface water captured predominately during wet-weather flows; sources made available through the addition of new storage capacity for surface or groundwater, water that has been reclaimed after one or more public supply, municipal, industrial, commercial, or agricultural uses; the downstream augmentation of water bodies with reclaimed water; stormwater; and any other water supply source that is designated as nontraditional for a water supply planning region in the applicable regional water supply plan.
(2) “Capital costs” means planning, design, engineering, and project construction costs.
(3) “Coastal waters” means waters of the Atlantic Ocean or the Gulf of Mexico within the jurisdiction of the state.
(4) “Department” means the Department of Environmental Protection or its successor agency or agencies.
(5) “District water management plan” means the regional water resource plan developed by a governing board under s. 373.036.
(6) “Domestic use” means the use of water for the individual personal household purposes of drinking, bathing, cooking, or sanitation. All other uses shall not be considered domestic.
(7) “Florida water plan” means the state-level water resource plan developed by the department under s. 373.036.
(8) “Governing board” means the governing board of a water management district.
(9) “Groundwater” means water beneath the surface of the ground, whether or not flowing through known and definite channels.
(10) “Impoundment” means any lake, reservoir, pond, or other containment of surface water occupying a bed or depression in the earth’s surface and having a discernible shoreline.
(11) “Independent scientific peer review” means the review of scientific data, theories, and methodologies by a panel of independent, recognized experts in the fields of hydrology, hydrogeology, limnology, and other scientific disciplines relevant to the matters being reviewed under s. 373.042.
(12) “Multijurisdictional water supply entity” means two or more water utilities or local governments that have organized into a larger entity, or entered into an interlocal agreement or contract, for the purpose of more efficiently pursuing water supply development or alternative water supply development projects listed pursuant to a regional water supply plan.
(13) “Nonregulated use” means any use of water which is exempted from regulation by the provisions of this chapter.
(14) “Other watercourse” means any canal, ditch, or other artificial watercourse in which water usually flows in a defined bed or channel. It is not essential that the flowing be uniform or uninterrupted.
(15) “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.
(16) “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.
(17) “Reclaimed water” means water that has received at least secondary treatment and basic disinfection and is reused after flowing out of a domestic wastewater treatment facility. Reclaimed water is not subject to regulation pursuant to s. 373.175 or part II of this chapter until it has been discharged into waters as defined in s. 403.031(13).
(18) “Reclaimed water distribution system” means a network of pipes, pumping facilities, storage facilities, and appurtenances designed to convey and distribute reclaimed water from one or more domestic wastewater treatment facilities to one or more users of reclaimed water.
(19) “Regional water supply plan” means a detailed water supply plan developed by a governing board under s. 373.709.
(20) “Stream” means any river, creek, slough, or natural watercourse in which water usually flows in a defined bed or channel. It is not essential that the flowing be uniform or uninterrupted. The fact that some part of the bed or channel has been dredged or improved does not prevent the watercourse from being a stream.
(21) “Surface water” means water upon the surface of the earth, whether contained in bounds created naturally or artificially or diffused. Water from natural springs shall be classified as surface water when it exits from the spring onto the earth’s surface.
(22) “Water” or “waters in the state” means any and all water on or beneath the surface of the ground or in the atmosphere, including natural or artificial watercourses, lakes, ponds, or diffused surface water and water percolating, standing, or flowing beneath the surface of the ground, as well as all coastal waters within the jurisdiction of the state.
(23) “Water management district” means any flood control, resource management, or water management district operating under the authority of this chapter.
(24) “Water resource development” means the formulation and implementation of regional water resource management strategies, including the collection and evaluation of surface water and groundwater data; structural and nonstructural programs to protect and manage water resources; the development of regional water resource implementation programs; the construction, operation, and maintenance of major public works facilities to provide for flood control, surface and underground water storage, and groundwater recharge augmentation; and related technical assistance to local governments, government-owned and privately owned water utilities, and self-suppliers to the extent assistance to self-suppliers promotes the policies as set forth in s. 373.016.
(25) “Water resource implementation rule” means the rule authorized by s. 373.036, which sets forth goals, objectives, and guidance for the development and review of programs, rules, and plans relating to water resources, based on statutory policies and directives. The waters of the state are among its most basic resources. Such waters should be managed to conserve and protect water resources and to realize the full beneficial use of these resources.
(26) “Water supply development” means the planning, design, construction, operation, and maintenance of public or private facilities for water collection, production, treatment, transmission, or distribution for sale, resale, or end use.
(27) For the sole purpose of serving as the basis for the unified statewide methodology adopted pursuant to s. 373.421(1), as amended, “wetlands” means those areas that are inundated or saturated by surface water or groundwater at a frequency and a duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soils. Soils present in wetlands generally are classified as hydric or alluvial, or possess characteristics that are associated with reducing soil conditions. The prevalent vegetation in wetlands generally consists of facultative or obligate hydrophytic macrophytes that are typically adapted to areas having soil conditions described above. These species, due to morphological, physiological, or reproductive adaptations, have the ability to grow, reproduce, or persist in aquatic environments or anaerobic soil conditions. Florida wetlands generally include swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps and other similar areas. Florida wetlands generally do not include longleaf or slash pine flatwoods with an understory dominated by saw palmetto. Upon legislative ratification of the methodology adopted pursuant to s. 373.421(1), as amended, the limitation contained herein regarding the purpose of this definition shall cease to be effective.
(28) “Works of the district” means those projects and works, including, but not limited to, structures, impoundments, wells, streams, and other watercourses, together with the appurtenant facilities and accompanying lands, which have been officially adopted by the governing board of the district as works of the district.
History.—s. 3, part I, ch. 72-299; s. 37, ch. 79-65; s. 1, ch. 80-259; s. 5, ch. 82-101; s. 6, ch. 89-279; s. 21, ch. 93-213; s. 15, ch. 94-122; s. 251, ch. 94-356; s. 1, ch. 96-339; s. 1, ch. 96-370; s. 2, ch. 97-160; s. 1, ch. 2005-291; s. 10, ch. 2010-205; s. 1, ch. 2012-150; s. 2, ch. 2016-1.
Structure Florida Statutes
Title XXVIII - Natural Resources; Conservation, Reclamation, and Use
Part I - State Water Resource Plan (Ss. 373.012-373.200)
373.012 - Topographic mapping.
373.016 - Declaration of policy.
373.023 - Scope and application.
373.026 - General powers and duties of the department.
373.033 - Saltwater barrier line.
373.036 - Florida water plan; district water management plans.
373.0363 - Southern Water Use Caution Area Recovery Strategy.
373.037 - Pilot program for alternative water supply development in restricted allocation areas.
373.0397 - Floridan and Biscayne aquifers; designation of prime groundwater recharge areas.
373.042 - Minimum flows and minimum water levels.
373.0421 - Establishment and implementation of minimum flows and minimum water levels.
373.043 - Adoption and enforcement of rules by the department.
373.044 - Rules; enforcement; availability of personnel rules.
373.046 - Interagency agreements.
373.0465 - Central Florida Water Initiative.
373.0466 - Central Florida Water Initiative Grant Program.
373.047 - Cooperation between districts.
373.069 - Creation of water management districts.
373.0693 - Basins; basin boards.
373.0695 - Duties of basin boards; authorized expenditures.
373.0698 - Creation and operation of basin boards; other laws superseded.
373.076 - Vacancies in the governing board; removal from office.
373.079 - Members of governing board; oath of office; staff.
373.083 - General powers and duties of the governing board.
373.084 - District works, operation by other governmental agencies.
373.085 - Use of works or land by other districts or private persons.
373.086 - Providing for district works.
373.087 - District works using aquifer for storage and supply.
373.088 - Application fees for certain real estate transactions.
373.089 - Sale or exchange of lands, or interests or rights in lands.
373.093 - Lease of lands or interest in land and personal property.
373.099 - Execution of instruments.
373.103 - Powers which may be vested in the governing board at the department’s discretion.
373.106 - Permit required for construction involving underground formation.
373.109 - Permit application fees.
373.113 - Adoption of rules by the governing board.
373.1131 - Consolidated action on permits.
373.1135 - Small business program.
373.116 - Procedure for water use and impoundment construction permit applications.
373.117 - Certification by professional engineer.
373.1175 - Signing and sealing by professional geologists.
373.118 - General permits; delegation.
373.119 - Administrative enforcement procedures; orders.
373.129 - Maintenance of actions.
373.136 - Enforcement of regulations and orders.
373.139 - Acquisition of real property.
373.1391 - Management of real property.
373.1401 - Management of lands of water management districts.
373.146 - Publication of notices, process, and papers.
373.149 - Existing districts preserved.
373.1501 - South Florida Water Management District as local sponsor.
373.1502 - Regulation of comprehensive plan project components.
373.1725 - Notice of intent by publication.
373.175 - Declaration of water shortage; emergency orders.
373.185 - Local Florida-friendly landscaping ordinances.
373.187 - Water management district implementation of Florida-friendly landscaping.
373.199 - Florida Forever Water Management District Work Plan.