Florida Statutes
Part I - State Water Resource Plan (Ss. 373.012-373.200)
373.085 - Use of works or land by other districts or private persons.



(1)(a) In order to promote water quantity and water resource development, projects that improve flood control, and conservation of lands, the district and other governmental agencies shall encourage public-private partnerships by collaborating, when possible, with those partnerships when procuring materials for infrastructure and restoration work projects, consistent with district and state procurement procedures.
(b) The governing board has authority to prescribe the manner in which local works provided by other districts or by private persons will connect with and make use of the works or land of the district, to issue permits therefor, and to cancel the permits for noncompliance with the conditions thereof or for other cause. It is unlawful to connect with or make use of the works or land of the district without consent in writing from its governing board, and the board has authority to prevent or, if done, estop or terminate the same. The use of the works or land of the district for access is governed by this section and is not subject to the provisions of s. 704.01. However, any land or works of the district which have historically been used for public access to the ocean by means of the North New River Canal and its tributaries may not be closed for this purpose unless the district can demonstrate that significant harm to the resource would result from such public use.

(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 therefor, 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 therefor.
History.—s. 17, ch. 25209, 1949; s. 25, ch. 73-190; s. 1, ch. 82-46; s. 7, ch. 84-341; s. 25, ch. 88-242; ss. 1, 2, ch. 89-279; ss. 11, 12, ch. 90-217; s. 53, ch. 2010-205.
Note.—Former s. 378.17.

Structure Florida Statutes

Florida Statutes

Title XXVIII - Natural Resources; Conservation, Reclamation, and Use

Chapter 373 - Water Resources

Part I - State Water Resource Plan (Ss. 373.012-373.200)

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 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.

373.056 - State agencies, counties, drainage districts, municipalities, or governmental agencies or public corporations authorized to convey or receive land from water management 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 expenditures.

373.0697 - Basin taxes.

373.0698 - Creation and operation of basin boards; other laws superseded.

373.073 - Governing board.

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.

373.096 - Releases.

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.

373.107 - Citation of rule.

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.

373.114 - Land and Water Adjudicatory Commission; review of district rules and orders; department review of district rules.

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.

373.123 - Penalty.

373.129 - Maintenance of actions.

373.136 - Enforcement of regulations and orders.

373.139 - Acquisition of real property.

373.1391 - Management of real property.

373.1395 - Limitation on liability of water management district with respect to areas made available to the public for recreational purposes without charge.

373.1401 - Management of lands of water management districts.

373.145 - Information program regarding hydrologic conditioning and consumption of major surface and groundwater sources.

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.

373.171 - Rules.

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.

373.200 - Seminole Tribe Water Rights Compact.