(1) In order to carry out the works for the district, and for effectuating the purposes of this chapter, the governing board is authorized to clean out, straighten, enlarge, or change the course of any waterway, 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 necessary; to establish, maintain, and regulate water levels in all canals, lakes, rivers, channels, reservoirs, streams, or other bodies of water owned or maintained by the district; to cross any highway or railway 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 the district shall be those adopted by the governing board of the district. The district may require or take over for operation and maintenance such works of other districts as the governing board may deem advisable under agreement with such districts.
(3)(a) Notwithstanding the provisions of chapter 120, the temporary construction, operation, or maintenance of water supply backpumping facilities to be used for storage of surplus water shall not require a permit under this chapter, chapter 253, or chapter 403 from the Department of Environmental Protection if the governing board issues an order declaring a water emergency which order is approved by the Secretary of Environmental Protection. Such approval may be given by telephone and confirmed by appropriate order at a later date. The temporary construction, operation, or maintenance of the facilities shall cease when the governing board or the secretary issues an order declaring that the emergency no longer exists. If the district intends to operate any such facilities permanently under nonemergency conditions, it shall apply for the appropriate required permits from the Department of Environmental Protection within 30 days of rescinding the emergency order.
(b) Notwithstanding the provisions of chapter 120, emergency orders issued pursuant to this subsection shall be valid for a period of 90 days and may be renewed for a single 90-day period.
History.—s. 16, ch. 25209, 1949; s. 2, ch. 29790, 1955; s. 1, ch. 61-147; s. 3, ch. 61-497; s. 2, ch. 63-224; s. 1, ch. 67-206; s. 1, part VI, ch. 72-299; s. 25, ch. 73-190; s. 1, ch. 82-46; s. 4, ch. 82-101; s. 25, ch. 88-242; ss. 1, 2, ch. 89-279; ss. 11, 12, ch. 90-217; s. 255, ch. 94-356.
Note.—Former s. 378.16.
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.