Florida Statutes
Fla. Stat. § 298.74 (2025)
Drainage of lakes.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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298.74 Drainage of lakes.—It is unlawful for any person to drain or draw water from any lake of greater area than 2 square miles so as to lower the level thereof without first obtaining the written consent of all owners of property abutting on or bounded by said lake; provided, however, this section shall not apply to any lake included wholly within the Everglades Drainage District. Courts of equity shall have jurisdiction to enjoin any person from violating the provisions of this section.
History.—ss. 1, 2, ch. 6596, 1915; RGS 1190, 1191; CGL 1630, 1631.
Notes of Decisions
Cited in 2
cases, 1969–1973 · leading case: Brown v. Ellingson, 224 So. 2d 391 (Fla. 2d DCA 1969).
Brown v. Ellingson, 224 So. 2d 391 (Fla. 2d DCA 1969). “We therefore believe that plaintiff's complaint states a cause of action pursuant to § 298.74, Fla. Stat., F.S.A., and that he should be given the opportunity of proving whether the complaint is true or not.”
McMullen v. Ramsey Stock Farms, Inc., 272 So. 2d 844 (Fla. 1st DCA 1973). “The provisions of Section 298.74 Florida Statutes, F.S.A., are applicable only in those instances where the water level of a lake having an area greater than 2 square miles is being lowered on the land of an abutting property owner; therefore, that statute is not applicable in…”
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