(1) In order to obtain the most beneficial use of the water resources of the state and to protect the public health, safety, and welfare and the interests of the water users affected, governing boards, by action not inconsistent with the other provisions of this law and without impairing property rights, may:
(a) Adopt rules or issue orders affecting the use of water, as conditions warrant, and forbidding the construction of new diversion facilities or wells, the initiation of new water uses, or the modification of any existing uses, diversion facilities, or storage facilities within the affected area.
(b) Regulate the use of water within the affected area by apportioning, limiting, or rotating uses of water or by preventing those uses which the governing board finds have ceased to be reasonable or beneficial.
(c) Issue orders and adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter.
(2) In adopting rules and issuing orders under this law, the governing board shall act with a view to full protection of the existing rights to water in this state insofar as is consistent with the purpose of this law.
(3) No rule or order shall require any modification of existing use or disposition of water in the district unless it is shown that the use or disposition proposed to be modified is detrimental to other water users or to the water resources of the state.
(4) All rules adopted by the governing board shall be filed with the Department of State as provided in chapter 120. An information copy will be filed with the Department of Environmental Protection.
(5) Cooperative funding programs are not subject to the rulemaking requirements of chapter 120. However, any portion of an approved program which affects the substantial interests of a party is subject to s. 120.569.
History.—s. 11, ch. 57-380; s. 8, ch. 63-336; ss. 10, 25, 35, ch. 69-106; s. 8, ch. 76-243; s. 1, ch. 77-117; s. 14, ch. 78-95; s. 256, ch. 94-356; s. 84, ch. 98-200; s. 3, ch. 2013-229.
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.