The 2023 Florida Statutes (including Special Session C)

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 373
WATER RESOURCES

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F.S. 373.171

373.171 Rules.—

(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.

(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.

F.S. 373.171 on Google Scholar

F.S. 373.171 on Casetext

Amendments to 373.171

Arrestable Offenses / Crimes under Fla. Stat. 373.171

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 373.171.

Annotations, Discussions, Cases:

Cases from cite.case.law:

MARION COUNTY, v. C. GREENE, III S., 5 So. 3d 775 (Fla. Dist. Ct. App. 2009)

. . . See §§ 373.113, 373.171, Fla. Stat. (2007). . . .

GILBERTSON a S. a v. LENNAR HOMES, INC. No., 629 So. 2d 1029 (Fla. Dist. Ct. App. 1993)

. . . Under section 373.171(l)(a), Florida Statutes (1979), the governing board of each water management district . . . These rules and regulations must be filed with the Department of State. § 373.171(4), Fla.Stat. (1979 . . .

OSCEOLA COUNTY, a v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT,, 486 So. 2d 616 (Fla. Dist. Ct. App. 1986)

. . . See e.g., § 373.0693, § 373.0697, § 373.083-099, § 373.106, § 373.119, § 373.139, § 373.171, Fla.Stat . . .

DESERET RANCHES OF FLORIDA, INC. v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, St., 406 So. 2d 1132 (Fla. Dist. Ct. App. 1981)

. . . See, e. g., §§ 373.047, 373.0693, 373.0697, 373.083-.099, 373.106, 373.119, 373.129, 373.139, 373.171 . . .