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The 2025 Florida Statutes
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F.S. 373.016373.016 Declaration of policy.—(1) The waters in the state are among its basic resources. Such waters have not heretofore been conserved or fully controlled so as to realize their full beneficial use. (2) The department and the governing board shall take into account cumulative impacts on water resources and manage those resources in a manner to ensure their sustainability. (3) It is further declared to be the policy of the Legislature:(a) To provide for the management of water and related land resources; (b) To promote the conservation, replenishment, recapture, enhancement, development, and proper utilization of surface and groundwater; (c) To develop and regulate dams, impoundments, reservoirs, and other works and to provide water storage for beneficial purposes; (d) To promote the availability of sufficient water for all existing and future reasonable-beneficial uses and natural systems; (e) To prevent damage from floods, soil erosion, and excessive drainage; (f) To minimize degradation of water resources caused by the discharge of stormwater; (g) To preserve natural resources, fish, and wildlife; (h) To promote the public policy set forth in s. 403.021; (i) To promote recreational development, protect public lands, and assist in maintaining the navigability of rivers and harbors; and (j) Otherwise to promote the health, safety, and general welfare of the people of this state. In implementing this chapter, the department and the governing board shall construe and apply the policies in this subsection as a whole, and no specific policy is to be construed or applied in isolation from the other policies in this subsection. (4)(a) Because water constitutes a public resource benefiting the entire state, it is the policy of the Legislature that the waters in the state be managed on a state and regional basis. Consistent with this directive, the Legislature recognizes the need to allocate water throughout the state so as to meet all reasonable-beneficial uses. However, the Legislature acknowledges that such allocations have in the past adversely affected the water resources of certain areas in this state. To protect such water resources and to meet the current and future needs of those areas with abundant water, the Legislature directs the department and the water management districts to encourage the use of water from sources nearest the area of use or application whenever practicable. Such sources shall include all naturally occurring water sources and all alternative water sources, including, but not limited to, desalination, conservation, reuse of nonpotable reclaimed water and stormwater, and aquifer storage and recovery. Reuse of potable reclaimed water and stormwater shall not be subject to the evaluation described in s. 373.223(3)(a)-(g). However, this directive to encourage the use of water, whenever practicable, from sources nearest the area of use or application shall not apply to the transport and direct and indirect use of water within the area encompassed by the Central and Southern Florida Flood Control Project, nor shall it apply anywhere in the state to the transport and use of water supplied exclusively for bottled water as defined in s. 500.03(1)(d), nor shall it apply to the transport and use of reclaimed water for electrical power production by an electric utility as defined in s. 366.02(4). (b) In establishing the policy outlined in paragraph (a), the Legislature realizes that under certain circumstances the need to transport water from distant sources may be necessary for environmental, technical, or economic reasons. (5) The Legislature recognizes that the water resource problems of the state vary from region to region, both in magnitude and complexity. It is therefore the intent of the Legislature to vest in the Department of Environmental Protection or its successor agency the power and responsibility to accomplish the conservation, protection, management, and control of the waters of the state and with sufficient flexibility and discretion to accomplish these ends through delegation of appropriate powers to the various water management districts. The department may exercise any power herein authorized to be exercised by a water management district; however, to the greatest extent practicable, such power should be delegated to the governing board of a water management district. (6) It is further declared the policy of the Legislature that each water management district, to the extent consistent with effective management practices, shall approximate its fiscal and budget policies and procedures to those of the state. History.—s. 2, part I, ch. 72-299; s. 36, ch. 79-65; s. 70, ch. 83-310; s. 5, ch. 89-279; s. 20, ch. 93-213; s. 250, ch. 94-356; s. 1, ch. 97-160; s. 1, ch. 98-88; s. 31, ch. 2022-4; s. 36, ch. 2023-154.
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Annotations, Discussions, Cases:
Cases Citing Statute 373.016
Total Results: 22
371 So. 2d 663, 1979 Fla. LEXIS 4668
Supreme Court of Florida | Filed: May 3, 1979 | Docket: 1786394
Cited 24 times | Published
conservation and control of the waters in the state (Section 373.016, Fla. Stat. (1973)) makes all waters in the
421 So. 2d 1067
Supreme Court of Florida | Filed: Sep 14, 1982 | Docket: 108938
Cited 16 times | Published
protection, management, and control of state waters. § 373.016. This statutory plan, created by general law (chapter
717 So. 2d 72, 1998 WL 422566
District Court of Appeal of Florida | Filed: Jul 29, 1998 | Docket: 1681489
Cited 13 times | Published
state are among its basic resources", see section 373.016(1), Florida Statutes, and then continues for
739 F.3d 598, 37 I.E.R. Cas. (BNA) 660, 2014 WL 23737, 2014 U.S. App. LEXIS 14
Court of Appeals for the Eleventh Circuit | Filed: Jan 2, 2014 | Docket: 108927
Cited 11 times | Published
So.2d 1067, 1068 (Fla.1982) (citing Fla. Stat. § 373.016).,
*603
Structurally, the districts
948 So. 2d 794, 2006 WL 3371566
District Court of Appeal of Florida | Filed: Nov 22, 2006 | Docket: 1764117
Cited 10 times | Published
maintaining the navigability of rivers and harbors." § 373.016(3)(i), Fla. Stat. (2005). Section 373.414(1)(a)
333 So. 2d 472
District Court of Appeal of Florida | Filed: Jun 4, 1976 | Docket: 1687249
Cited 10 times | Published
on April 25, 1972.
In Ch. 72-299 (Fla. Stat. § 373.016) the legislature declared as policy:
(1) The waters
622 So. 2d 520, 1993 WL 274014
District Court of Appeal of Florida | Filed: Jul 23, 1993 | Docket: 1529062
Cited 5 times | Published
boards of the water management districts. Section 373.016(3), Fla. Stat. By rule 17-101.040(12)(a)3,
774 So. 2d 903, 2001 WL 10391
District Court of Appeal of Florida | Filed: Jan 5, 2001 | Docket: 1330773
Cited 4 times | Published
Rights, 53 U. Miami L.Rev. 363 (Jan.1999).
Section 373.016(3), Florida Statutes (1995),[6] vests power
613 So. 2d 60, 1993 Fla. App. LEXIS 3, 1993 WL 890
District Court of Appeal of Florida | Filed: Jan 6, 1993 | Docket: 454325
Cited 4 times | Published
conservation and control of the waters in the state (Section 373.016, Fla. Stat. (1973)) makes all waters in the
406 So. 2d 1132, 1981 Fla. App. LEXIS 21783
District Court of Appeal of Florida | Filed: Dec 2, 1981 | Docket: 2539607
Cited 4 times | Published
have an extensive working relationship. Under section 373.016, the Department has the power and responsibility
17 So. 3d 738, 2009 Fla. App. LEXIS 9759, 2009 WL 2067373
District Court of Appeal of Florida | Filed: Jul 17, 2009 | Docket: 1644483
Cited 2 times | Published
management of water and related land resources. § 373.016(3), Fla. Stat. (2007).[3] To help implement the
195 F. Supp. 2d 1358, 2002 U.S. Dist. LEXIS 6933, 2002 WL 538055
District Court, S.D. Florida | Filed: Feb 7, 2002 | Docket: 2352848
Cited 2 times | Published
board of a water management district.
FLA. STAT. § 373.016
* * * * * *
It is the finding of the
625 So. 2d 17, 1993 Fla. App. LEXIS 8913, 1993 WL 331924
District Court of Appeal of Florida | Filed: Sep 3, 1993 | Docket: 1517586
Cited 2 times | Published
conservation and control of the waters in the state (Section 373.016, Fla. Stat. (1973)) makes all waters in the
623 So. 2d 1193, 1993 Fla. App. LEXIS 8650, 1993 WL 317075
District Court of Appeal of Florida | Filed: Aug 23, 1993 | Docket: 1183027
Cited 2 times | Published
governing board of a water management district." Section 373.016(3), Fla. Stat. (1991).
[3] The Commission
486 So. 2d 616, 11 Fla. L. Weekly 595, 1986 Fla. App. LEXIS 6754
District Court of Appeal of Florida | Filed: Mar 6, 1986 | Docket: 1714235
Cited 2 times | Published
policy for the management of Florida water. See § 373.016, Fla. Stat. (1985).[3] The authority over water
355 So. 2d 796
District Court of Appeal of Florida | Filed: Oct 12, 1977 | Docket: 1361122
Cited 2 times | Published
maximizing the beneficial use of the resources. Section 373.016(1), Florida Statutes. The legislation set out
629 So. 2d 1029, 1993 WL 538235
District Court of Appeal of Florida | Filed: Dec 29, 1993 | Docket: 1677265
Cited 1 times | Published
general welfare of the people of this state.
§ 373.016(2), Fla. Stat. (1979) (emphasis added).
The Act
253 So. 3d 623
District Court of Appeal of Florida | Filed: Aug 8, 2018 | Docket: 7619149
Published
because
it is among our most basic resources. § 373.016(1), Fla. Stat. (2016). The
Legislature has declared
762 So. 2d 982, 2000 Fla. App. LEXIS 6853, 2000 WL 726480
District Court of Appeal of Florida | Filed: Jun 7, 2000 | Docket: 64798830
Published
and policies” set forth in Chapter 373. In section. 373.016(3)(i), Florida Statutes (1999), the legislature
Florida Attorney General Reports | Filed: Apr 10, 1997 | Docket: 3258984
Published
of the department in this area, stating in section 373.016, Florida Statutes, that the department is vested
578 So. 2d 1130, 1991 WL 44909
District Court of Appeal of Florida | Filed: Apr 4, 1991 | Docket: 1525341
Published
State of Florida. Art. II, § 7, Fla. Const.; § 373.016(3), Fla. Stat. (1989). As the water district's
504 So. 2d 385, 12 Fla. L. Weekly 113, 1987 Fla. LEXIS 1568
Supreme Court of Florida | Filed: Feb 26, 1987 | Docket: 453273
Published
appropriate powers to the five districts. See, e.g., section 373.016(3), Fla. Stat. (1985).
The administrative power
