373.016
Declaration of policy.
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373.016 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.
Notes of Decisions
Cited in 23
cases, 1976–2018 · leading case: United States Ex Rel. Lesinski v. South Florida Water Management District
United States Ex Rel. Lesinski v. South Florida Water Management District (2014)
“1982) (citing Fla. Stat. § 373.016 )., *603 Structurally, the districts are designed to perform a state function — water management and protection — with regional flexibility and discretion.”
Southwest Florida Water Management Dist. v. Charlotte Cty. (2001)
“The ALJ noted that the determination of cumulative impact "unavoidably involves site-specific considerations which render it impractical to adopt rule criteria that can be applied with `cookie cutter' certainty.”
Village of Tequesta v. Jupiter Inlet Corp. (1979)
“The Department *671 of Environmental Regulation and the various water management districts are given the responsibility to accomplish the conservation, protection, management, and control of the waters of the state. § 373.016(3) Fla. Stat. (1973). In order to exercise such…”
Pinellas County v. Lake Padgett Pines (1976)
“72-299 ( Fla. Stat. § 373.016 ) the legislature declared as policy: (1) The waters in the state are among its basic resources.”
River Users v. Environmental Protection (2006)
“" § 373.016(3)(i), Fla. Stat. (2005). Section 373.”
A. Duda & Sons, Inc. v. St. Johns River Water Management District (2009)
“§ 373.016(3), Fla. Stat. (2007). 3 To help implement the policy, *741 water management districts are authorized to require permits and “impose such reasonable conditions as are necessary to assure that the construction or alteration of any stormwater management system, dam,…”
Osceola Cty. v. St. Johns River Water Mgt. Dist. (1986)
“See § 373.016, Fla. Stat. (1985). [3] The authority over water management activities was initially vested in the Department *618 of Natural Resources (D.”
City of St. Petersburg v. Southwest Fla. Water Management Dist. (1977)
“See Section 373.016, Florida Statutes. Second, St.”
ST. JOHNS RIVER v. Consolidated-Tomoka (1998)
“This Chapter begins with a statement that the "waters in the state are among its basic resources", see section 373.016(1), Florida Statutes, and then continues for more than one hundred pages to lay out the legislative plan to protect state waters.”
Davey Compressor Co. v. City of Delray Beach (1993)
“The Department of Environmental Regulation and the various water management districts are given the responsibility to accomplish the conservation, protection, management, and control of the waters in the state.”
Quevedo v. South Florida Water Management District (2000)
“of “the promotion of recreational development” was “inconsistent with the legislative declaration of policy” in section 373.016, Florida Statutes (1999); the fence’s interference with the “actual and potential use” of the public land was inconsistent with Rule 40E-6.”
Deseret Ranches of Florida, Inc. v. St. Johns River Water Management Dist. (1981)
“Under section 373.016, the Department has the power and responsibility of managing the waters of this state and may delegate "appropriate powers" to the various water management districts.”
— 373.016(1) — 3 cases
ST. JOHNS RIVER v. Consolidated-Tomoka (1998)
“This Chapter begins with a statement that the "waters in the state are among its basic resources", see section 373.016(1), Florida Statutes, and then continues for more than one hundred pages to lay out the legislative plan to protect state waters.”
City of St. Petersburg v. Southwest Fla. Water Management Dist. (1977)
“See Section 373.016, Florida Statutes. Second, St.”
— 373.016(2) — 3 cases
Southwest Florida Water Management Dist. v. Charlotte Cty. (2001)
“The ALJ noted that the determination of cumulative impact "unavoidably involves site-specific considerations which render it impractical to adopt rule criteria that can be applied with `cookie cutter' certainty.”
City of St. Petersburg v. Southwest Fla. Water Management Dist. (1977)
“See Section 373.016, Florida Statutes. Second, St.”
— 373.016(3) — 10 cases
Southwest Florida Water Management Dist. v. Charlotte Cty. (2001)
“The ALJ noted that the determination of cumulative impact "unavoidably involves site-specific considerations which render it impractical to adopt rule criteria that can be applied with `cookie cutter' certainty.”
Village of Tequesta v. Jupiter Inlet Corp. (1979)
“The Department *671 of Environmental Regulation and the various water management districts are given the responsibility to accomplish the conservation, protection, management, and control of the waters of the state. § 373.016(3) Fla. Stat. (1973). In order to exercise such…”
A. Duda & Sons, Inc. v. St. Johns River Water Management District (2009)
“§ 373.016(3), Fla. Stat. (2007). 3 To help implement the policy, *741 water management districts are authorized to require permits and “impose such reasonable conditions as are necessary to assure that the construction or alteration of any stormwater management system, dam,…”
Osceola Cty. v. St. Johns River Water Mgt. Dist. (1986)
“See § 373.016, Fla. Stat. (1985). [3] The authority over water management activities was initially vested in the Department *618 of Natural Resources (D.”
Davey Compressor Co. v. City of Delray Beach (1993)
“The Department of Environmental Regulation and the various water management districts are given the responsibility to accomplish the conservation, protection, management, and control of the waters in the state.”
— 373.016(3)(b) — 1 case
— 373.016(3)(e) — 1 case
A. Duda & Sons, Inc. v. St. Johns River Water Management District (2009)
“§ 373.016(3), Fla. Stat. (2007). 3 To help implement the policy, *741 water management districts are authorized to require permits and “impose such reasonable conditions as are necessary to assure that the construction or alteration of any stormwater management system, dam,…”
— 373.016(3)(i) — 2 cases
River Users v. Environmental Protection (2006)
“" § 373.016(3)(i), Fla. Stat. (2005). Section 373.”
Quevedo v. South Florida Water Management District (2000)
“of “the promotion of recreational development” was “inconsistent with the legislative declaration of policy” in section 373.016, Florida Statutes (1999); the fence’s interference with the “actual and potential use” of the public land was inconsistent with Rule 40E-6.”
— 373.016(5) — 2 cases
Southwest Florida Water Management Dist. v. Charlotte Cty. (2001)
“The ALJ noted that the determination of cumulative impact "unavoidably involves site-specific considerations which render it impractical to adopt rule criteria that can be applied with `cookie cutter' certainty.”
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