Florida Statute 373.226 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 373
WATER RESOURCES

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F.S. 373.226

373.226 Existing uses.—

(1) All existing uses of water, unless otherwise exempted from regulation by the provisions of this chapter, may be continued after adoption of this permit system only with a permit issued as provided herein.

(2) The governing board or the department shall issue an initial permit for the continuation of all uses in existence before the effective date of implementation of this part if the existing use is a reasonable-beneficial use as defined in s. 373.019 and is allowable under the common law of this state.

(3) Application for permit under the provisions of subsection (2) must be made within a period of 2 years from the effective date of implementation of these regulations in an area. Failure to apply within this period shall create a conclusive presumption of abandonment of the use, and the user, if he or she desires to revive the use, must apply for a permit under the provisions of s. 373.229.

History.—s. 4, part II, ch. 72-299; s. 12, ch. 73-190; s. 598, ch. 95-148; s. 9, ch. 98-88.

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Amendments to 373.226

Annotations, Discussions, Cases:

Cases Citing Statute 373.226

Total Results: 3

Village of Tequesta v. Jupiter Inlet Corp.

371 So. 2d 663, 1979 Fla. LEXIS 4668

Supreme Court of Florida | Filed: May 3, 1979 | Docket: 1786394

Cited 24 times | Published

common-law water right into a permit water right. § 373.226(3) Fla. Stat. (1973). In order to qualify for

Southwest Florida Water Management Dist. v. Charlotte Cty.

774 So. 2d 903, 2001 WL 10391

District Court of Appeal of Florida | Filed: Jan 5, 2001 | Docket: 1330773

Cited 4 times | Published

section 373.223(1) and the two-prong test of section 373.226(2), Florida Statutes (1995). We affirm the

City of St. Petersburg v. Southwest Fla. Water Management Dist.

355 So. 2d 796

District Court of Appeal of Florida | Filed: Oct 12, 1977 | Docket: 1361122

Cited 2 times | Published

and was in accordance with the common law. Section 373.226(2), Florida Statutes. At common law a landowner