Florida Statute 373.171 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 373.171

Total Results: 5

Marion County v. Greene

Court: District Court of Appeal of Florida | Date Filed: 2009-03-20

Citation: 5 So. 3d 775, 2009 Fla. App. LEXIS 2277, 2009 WL 722021

Snippet: of consumptive uses of water. See §§ 373.113, 373.171, Fla. Stat. (2007). As a result, the District has

Gilbertson v. Lennar Homes, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1993-12-29

Citation: 629 So. 2d 1029, 1993 WL 538235

Snippet: Stat. (1979) (emphasis added). Under section 373.171(1)(a), Florida Statutes (1979), the governing board

Osceola Cty. v. St. Johns River Water Mgt. Dist.

Court: District Court of Appeal of Florida | Date Filed: 1986-03-06

Citation: 486 So. 2d 616, 11 Fla. L. Weekly 595, 1986 Fla. App. LEXIS 6754

Snippet: 373.083-099, § 373.106, § 373.119, § 373.139, § 373.171, Fla. Stat. (1985). See also Deseret Ranches of

Deseret Ranches of Florida, Inc. v. St. Johns River Water Management Dist.

Court: District Court of Appeal of Florida | Date Filed: 1981-12-02

Citation: 406 So. 2d 1132, 1981 Fla. App. LEXIS 21783

Snippet: 083-.099, 373.106, 373.119, 373.129, 373.139, 373.171, 373.1961, 393.409-416, 373.423, 373.429, Fla.

Ago

Court: Florida Attorney General Reports | Date Filed: 1977-09-13

Snippet: districts (see ss. 373.044, 373.113 and 373.171, F. S., and s. 373.171, F. S. [1976 Supp.]) which are reviewable