The 2023 Florida Statutes (including Special Session C)

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 373
WATER RESOURCES

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F.S. 373.223

373.223 Conditions for a permit.—

(1) To obtain a permit pursuant to the provisions of this chapter, the applicant must establish that the proposed use of water:

(a) Is a reasonable-beneficial use as defined in s. 373.019;

(b) Will not interfere with any presently existing legal use of water; and

(2) The governing board or the department may authorize the holder of a use permit to transport and use ground or surface water beyond overlying land, across county boundaries, or outside the watershed from which it is taken if the governing board or department determines that such transport and use is consistent with the public interest, and no local government shall adopt or enforce any law, ordinance, rule, regulation, or order to the contrary.

(3) Except for the transport and use of water supplied by the Central and Southern Florida Flood Control Project, and anywhere in the state when the transport and use of water is supplied exclusively for bottled water as defined in s. 500.03(1)(d), any water use permit applications pending as of April 1, 1998, with the Northwest Florida Water Management District and self-suppliers of water for which the proposed water source and area of use or application are located on contiguous private properties, when evaluating whether a potential transport and use of ground or surface water across county boundaries is consistent with the public interest, pursuant to paragraph (1)(c), the governing board or department shall consider:

(a) The proximity of the proposed water source to the area of use or application.

(b) All impoundments, streams, groundwater sources, or watercourses that are geographically closer to the area of use or application than the proposed source, and that are technically and economically feasible for the proposed transport and use.

(c) All economically and technically feasible alternatives to the proposed source, including, but not limited to, desalination, conservation, reuse of nonpotable reclaimed water and stormwater, and aquifer storage and recovery.

(d) The potential environmental impacts that may result from the transport and use of water from the proposed source, and the potential environmental impacts that may result from use of the other water sources identified in paragraphs (b) and (c).

(e) Whether existing and reasonably anticipated sources of water and conservation efforts are adequate to supply water for existing legal uses and reasonably anticipated future needs of the water supply planning region in which the proposed water source is located.

(f) Consultations with local governments affected by the proposed transport and use.

(g) The value of the existing capital investment in water-related infrastructure made by the applicant.

Where districtwide water supply assessments and regional water supply plans have been prepared pursuant to ss. 373.036 and 373.709, the governing board or the department shall use the applicable plans and assessments as the basis for its consideration of the applicable factors in this subsection.

(4) The governing board or the department, by regulation, may reserve from use by permit applicants, water in such locations and quantities, and for such seasons of the year, as in its judgment may be required for the protection of fish and wildlife or the public health and safety. Such reservations shall be subject to periodic review and revision in the light of changed conditions. However, all presently existing legal uses of water shall be protected so long as such use is not contrary to the public interest.

(5) In evaluating an application for consumptive use of water which proposes the use of an alternative water supply project as described in the regional water supply plan and provides reasonable assurances of the applicant’s capability to design, construct, operate, and maintain the project, the governing board or department shall presume that the alternative water supply use is consistent with the public interest under paragraph (1)(c). However, where the governing board identifies the need for a multijurisdictional water supply entity or regional water supply authority to develop the alternative water supply project pursuant to s. 373.709(2)(a)2., the presumption shall be accorded only to that use proposed by such entity or authority. This subsection does not affect evaluation of the use pursuant to the provisions of paragraphs (1)(a) and (b), subsections (2) and (3), and ss. 373.2295 and 373.233.

(6) A new consumptive use permit, or the renewal or modification of a consumptive use permit, that authorizes groundwater withdrawals of 100,000 gallons or more per day from a well with an inside diameter of 8 inches or more shall be monitored for water usage at intervals using methods determined by the applicable water management district, and the results of such monitoring shall be reported to the applicable water management district at least annually. The water management districts may adopt rules to implement this subsection. In lieu of the requirements of this subsection, a water management district may enforce rules that govern water usage monitoring in effect on July 1, 2016, or may adopt rules that are more stringent than this subsection.

History.—s. 3, part II, ch. 72-299; s. 10, ch. 73-190; s. 10, ch. 76-243; s. 35, ch. 85-81; s. 4, ch. 98-88; s. 6, ch. 2005-291; s. 15, ch. 2010-205; s. 31, ch. 2015-2; s. 10, ch. 2016-1; s. 37, ch. 2023-154.

F.S. 373.223 on Google Scholar

F.S. 373.223 on Casetext

Amendments to 373.223

Arrestable Offenses / Crimes under Fla. Stat. 373.223

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 373.223.

Annotations, Discussions, Cases:

Cases from cite.case.law:

WASHINGTON COUNTY, v. NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT, L. v., 85 So. 3d 1127 (Fla. Dist. Ct. App. 2012)

. . . water supply development project, it must eventually apply for a water use permit pursuant to section 373.223 . . . with any presently existing legal use of water; and (c) [i]s consistent with the public interest.” § 373.223 . . . See § 373.223(3)(a)-(g), Fla. Stat. (2010). . . . the provisions of paragraphs (l)(a) and (b), subsections (2) and (3), and ss. 373.2295 and 373.233. § 373.223 . . . In its petition, Appellant, Washington County, alleged that the presumption provided for in section 373.223 . . .

MARION COUNTY, v. C. GREENE, III S., 5 So. 3d 775 (Fla. Dist. Ct. App. 2009)

. . . the statutory conditions as follows: § 373.223 Conditions for permit.— (1) To obtain a permit pursuant . . . Specifically, the introductory language of section 373.223(3) of the Florida Statutes (2007) provides . . . Instead, section 373.223(2) of the Florida Statutes applies. . . . That section states: 373.223 Conditions for a permit.— * * * (2) The governing board or the department . . . The additional conclusion of law clarified that only the first paragraph of section 373.223(3) of the . . .

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

. . . permits for the consumptive use of water and for authorizing transportation thereof pursuant to s. 373.223 . . .

ASSOCIATION OF FLORIDA COMMUNITY DEVELOPERS v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, St., 943 So. 2d 989 (Fla. Dist. Ct. App. 2006)

. . . board or the department, by rule, may reserve water from use by permit applicants, pursuant to section 373.223 . . . public health and safety, we find that the proposed rule does not enlarge, modify, or contravene section 373.223 . . . legal uses of water shall be protected so long as such use is not contrary to the public interest. § 373.223 . . . Section 373.223(4) provides DEP with a broad grant of authority to reserve water in order to protect . . .

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

. . . permits for the consumptive use of water and for authorizing transportation thereof pursuant to s. 373.223 . . .

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

. . . Section 373.223(1), Florida Statutes (1995), states that to obtain a WUP, the applicant must establish . . . connection with its water use permitting duties in implementing the three-prong test under section 373.223 . . . See, e.g., §§ 287.045(5), 373.0421(l)(b)(l), 373.223(3)(e), 373.461(l)(a), 376.031(22), 934.15(l)(d), . . . Under section 373.223(3)(c), Florida Statutes (1999), when determining whether, under certain specified . . . Thus, in this instance, should there have been a conflict, section 373.223(1) would control over section . . .

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)

. . . permits for the consumptive use of water and for authorizing transportation thereof pursuant to s. 373.223 . . .

CITY OF SUNRISE, v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, 615 So. 2d 746 (Fla. Dist. Ct. App. 1993)

. . . officer that Sunrise failed to show a substantial interest within the zone of protection of section 373.223 . . .

HARLOFF, v. CITY OF SARASOTA, 575 So. 2d 1324 (Fla. Dist. Ct. App. 1991)

. . . . § 373.223, Fla.Stat. (1989). . . . The factors described in section 373.223 and in the definition of “reasonable-beneficial use” create . . .

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

. . . programs pursuant to Part II of Chapter 373, Consumptive Uses of Water, specifically Sections 373.219 and 373.223 . . . Section 373.223(1), Florida Statutes, reads as follows: (1) To obtain a permit pursuant to the provisions . . . Petitioner has failed to submit an application concerning the use at the swimming area, so Section 373.223 . . . of the allocation for recreational use is concerned, compliance with the criteria listed in Section 373.223 . . . Florida Statutes, and the new application is determined to satisfy the criteria set forth in Section 373.223 . . .

OSCEOLA COUNTY, v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT,, 504 So. 2d 385 (Fla. 1987)

. . . Section 373.223 sets out the conditions for the issuance of such a permit. . . . use of water across District boundaries is consistent with the public interest pursuant to Section 373.223 . . . transfer would meet all statutory criteria, including being “consistent with the public interest.” § 373.223 . . .

FRIENDS OF FORT GEORGE, INC. v. FAIRFIELD COMMUNITIES, INC., 24 Fla. Supp. 2d 192 (Fla. Div. Admin. Hearings 1986)

. . . responsibility for the administration and enforcement of permitting programs pursuant to Sections 373.219 and 373.223 . . . impacts will affect existing legal users; or 4. require the use of water which pursuant to Section 373.223 . . . See also Sections 373.019(4), 373.219 and 373.223, Florida Statutes. . . . beneficial, and will not interfere with presently existing legal users of the UWJBZ, as required by Sections 373.223 . . . Further, Section 373.223(l)(c) requires a CUP to be “consistent with the public interest.” . . .

OSCEOLA COUNTY, a v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT,, 486 So. 2d 616 (Fla. Dist. Ct. App. 1986)

. . . use of water across District boundaries is consistent with the public interest pursuant to section 373.223 . . . Section 373.223(2), Florida Statutes (1983) provides: (2) The governing board or the department may authorize . . . Section 373.223(2), Florida Statutes (1985), provides for transfers of water in this manner: The governing . . . use of water across District boundaries is consistent with the public interest pursuant to Section 373.223 . . . beyond overlying land, across county boundaries or outside the watershed from which it is taken.” § 373.223 . . .

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

. . . Section 373.223(1), Florida Statutes. . . .