The 2023 Florida Statutes (including Special Session C)

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 373
WATER RESOURCES

View Entire Chapter

F.S. 373.203

373.203 Definitions.—

(1) “Abandoned artesian well” is defined as an artesian well:

(a) That does not have a properly functioning valve;

(b) The use of which has been permanently discontinued;

(d) That is discharging water containing greater than 500 milligrams per liter of chlorides into a drinking water aquifer;

(e) That is in such a state of disrepair that it cannot be used for its intended purpose without having an adverse impact upon an aquifer which serves as a source of drinking water or which is likely to be such a source in the future; or

(f) That does not have proper flow control on or below the land surface.

(2) An “artesian well” is defined as an artificial hole in the ground from which water supplies may be obtained and which penetrates any water-bearing rock, the water in which is raised to the surface by natural flow, or which rises to an elevation above the top of the water-bearing bed. “Artesian wells” are defined further to include all holes, drilled as a source of water, that penetrate any water-bearing beds that are a part of the artesian water system of Florida, as determined by representatives of the Florida Geological Survey or the Department of Environmental Protection.

(3) “Plugging” is defined as plugging, capping, or otherwise controlling a well as deemed appropriate by the department or by the appropriate water management district.

(4) “Waste” is defined to be the causing, suffering, or permitting any water flowing from, or being pumped from, an artesian well to run into any river, creek, or other natural watercourse or channel, or into any bay or pond (unless used thereafter for the beneficial purposes of irrigation of land, mining, or other industrial purposes of domestic use), or into any street, road or highway, or upon the land of any person, or upon the public lands of the United States or of the state, unless it is used thereon for the beneficial purposes of the irrigation thereof, industrial purposes, domestic use, or the propagation of fish. The use of any water flowing from an artesian well for the irrigation of land shall be restricted to a minimum by the use of proper structural devices in the irrigation system.

History.—ss. 3, 4, ch. 28253, 1953; s. 1, ch. 59-248; ss. 25, 35, ch. 69-106; s. 25, ch. 73-190; s. 44, ch. 79-65; s. 6, ch. 83-310; s. 261, ch. 94-356.

Note.—Former ss. 370.051, 373.021.

F.S. 373.203 on Google Scholar

F.S. 373.203 on Casetext

Amendments to 373.203

Arrestable Offenses / Crimes under Fla. Stat. 373.203

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 373.203.

Annotations, Discussions, Cases:

Cases from cite.case.law:

SEMINOLE TRIBE OF FLORIDA, v. HENDRY COUNTY, a CO. LLC, a, 106 So. 3d 19 (Fla. Dist. Ct. App. 2013)

. . . permits for the consumptive use of water; states that the Florida Water Resources Act of 1972, sections 373.203 . . .

NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT, v. DEPARTMENT OF COMMUNITY AFFAIRS, F., 7 So. 3d 1129 (Fla. Dist. Ct. App. 2009)

. . . Legis-latui’e that Part II of the Florida Water Resources Act of 1972, as amended, as set forth in ss. 373.203 . . . any provision of Part II of the Florida Water Resources Act of 1972, as amended, as set forth in ss. 373.203 . . .

THOMAS, v. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT,, 864 So. 2d 455 (Fla. Dist. Ct. App. 2003)

. . . Legislature that Part II of the Florida Water Resources Act of 1972, as amended, as set forth in ss. 373.203 . . . any provision of Part II of the Florida Water Resources Act of 1972, as amended, as set forth in ss. 373.203 . . .

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT v. CHARLOTTE COUNTY,, 774 So. 2d 903 (Fla. Dist. Ct. App. 2001)

. . . Florida Statutes (1995), states that if any part of the Florida Water Act as set forth in sections 373.203 . . .

CONCERNED CITIZENS OF PUTNAM COUNTY FOR RESPONSIVE GOVERNMENT, INC. v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT,, 622 So. 2d 520 (Fla. Dist. Ct. App. 1993)

MIDDLEBROOKS, d b a WEKIVA FALLS RESORT v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, 27 Fla. Supp. 2d 237 (Fla. Div. Admin. Hearings 1987)

. . . Section 373.203(2), Florida Statutes, defines the term “artesian well” as follows: An “artestian well . . .

CITY OF ST. PETERSBURG, a v. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT,, 355 So. 2d 796 (Fla. Dist. Ct. App. 1977)

. . . Sections 373.203-.249, Florida Statutes, authorized implementation of a consumptive use of water permit . . .