Florida/Georgia Personal Injury & Workers Compensation

...§ 373.016(3) Fla. Stat. (1973). In order to exercise such controls a permitting system is established which requires permits for consumptive use of water, exempting only "domestic consumption of water by individual users" from the requirements of a permit. § 373.219(1) Fla....

...Friedman of Rose, Sundstrom & Bentley, Tallahassee, for appellant. Wayne E. Flowers, Palatka, for appellee. SHARP, Chief Judge. C.E. Middlebrooks appeals from an order of the St. Johns River Management District (District) which approved Middlebrooks' application for a consumptive use permit (C.U.P.) pursuant to section 373.219(1), Florida Statutes (1985), [1] but which conditioned the permit on his filing an application for a recreational use permit and reduction of the flow of water from two wells involved in this case during low use periods....

...within the geographical boundaries of the District ... ." (emphasis supplied). The District's authority to regulate wells [ see §§ 373.206-207; § 373.209] is not limited by time nor boundaries of the Wekiva preserve. AFFIRMED. DAUKSCH and COWART, JJ., concur. NOTES [1] Section 373.219(1), Florida Statutes (1985) provides: 373.219 Permits required....

...§ 373.016(3) Fla. Stat. (1973). In order to exercise such controls a permitting system is established which requires permits for consumptive use of water, exempting only "domestic consumption of water by individual users" from the requirements of a permit. § 373.219(1) Fla....

...a water management district "shall adopt, promulgate, and enforce such regulations as may be reasonably necessary to effectuate its powers, duties, and functions pursuant to the provisions of chapter 120." [10] See also § 373.044, Fla.Stat. (1995). Section 373.219(1), Florida Statutes (1995), gives the water management districts the power to require permits for the consumptive use of water and to impose such reasonable conditions as are necessary to ensure "that such use is consistent with the...

...ey are purchasing their water. While recognizing that the proposed portion of BOR 3.6 is "consistent with the overall purposes of chapter 373," the ALJ nevertheless found that it was an invalid delegation of legislative authority. The ALJ found that section 373.219(1), Florida Statutes (1995), only authorizes the District to require water use permits for the "consumptive use of water." He further found that the "District's proposed requirement in BOR section 3.6 ... impermissibly enlarges and extends section 373.219(1) to an individual or entity receiving water from a permittee." The ALJ noted that although chapter 373 does not define the term "consumptive use," "water" is defined in section 373.019(8), Florida Statutes (1995), as "any and all wa...

...troduction to chapter 373, in section 373.019, Florida Statutes (1995), entitled "Definitions," the legislature stated that "the following words shall, unless the context clearly indicates otherwise," have the meanings given to them in that section. Section 373.219(1) states that "[t]he governing board [of a water management district] ......

...h the overall objectives of the district ... and is not harmful to the water resources of the area." The only specific exclusion to the permit requirement is the "domestic consumption of water by individual users." We conclude that in the context of section 373.219, the word "water" as used in the term "consumptive use of water" must have a more expansive definition than that given in section 373.019(8)....

....019(8) refers primarily to water in its natural habitat—in the ocean, in lakes or ponds, or in the atmosphere, as well as water that has gathered in artificial watercourses. Thus, it refers to water that has not yet been harnessed for consumption. Section 373.219(1) gives the water management districts authority over the consumption of water and allows them to impose reasonable conditions over how it is used. We conclude that the word "water" in the term "consumptive use of water" in section 373.219(1) refers to water in its consumptive state—water that has already been harnessed for consumption....

...§ 373.016(3), Fla. Stat. (1973). In order to exercise such controls a permitting system is established which requires permits for consumptive use of water, exempting only "domestic consumption of water by individual users" from the requirements of a permit. § 373.219(1), Fla....

...Sections 373.203-.249, Florida Statutes, authorized implementation of a consumptive use of water permit system by each water district. Except for domestic consumption of water by individuals, all new and existing uses were subject to the permit procedure. Section 373.219, .226, Florida Statutes....

...gional water management districts. See § 373.016(3), Fla. Stat. (1985). The Water Resources Act originally established six water management districts. In 1977, the districts were reorganized into five districts. Chapter 77-104, § 113, Laws of Fla. Section 373.219, Florida Statutes, authorizes D.E.R....

...Osceola County has a sufficient interest in the use of the water resources within its boundaries to give it standing to file this petition. [1] Although the Florida Water Resources Act of 1972 gives to the districts and the DER exclusive authority for granting or denying consumptive use permits, section 373.219, Florida Statutes (1983), the counties are required by statute to make plans for and carry out local efforts to conserve and manage the water resources within their boundaries....

...n, or order to the contrary. *622 Significantly, transfers outside district lines are not included. Criteria to resolve competing uses and needs for permits within a district are clearly set out by the Act, and are given to each district to resolve. § 373.219(1), Fla....

...Kemp, Deborah J., Interbasin Transfers of Water in Florida, 56 Fla.B.J. 9, 12 (1982). In my view, it is no oversight or accident that inter-district transfers are not expressly provided for in the Act. See Askew v. Cross Key Waterways, 372 So.2d 913 (Fla. 1978). NOTES [1] See § 373.219, Fla....

...373.603 , F.S., as to the authority of the district to enforce any provision of the Florida Water Resources Act of 1972 in its entirety. The district, of course, is required by statute to grant permits only when, for consumptive use of water, it would not be harmful to the water resources of the area. Section 373.219 (1), F.S....

...ces, the legislature has encouraged delegation of appropriate powers to the five districts. See, e.g., section 373.016(3), Fla. Stat. (1985). The administrative power at issue in the instant case involves the permitting of consumptive uses of water. Section 373.219(1) *387 provides that the DER or the governing board of any district may require such permits in order to ensure that the potential use is consistent with the overall objectives of the plan and is not harmful to the water resources of the area....