Florida Statutes
Fla. Stat. § 373.226 (2025)
Existing uses.
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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.
Notes of Decisions
Cited in 5
cases, 1977–2001 · leading case: Sw. Florida Water Mgmt. Dist. v. Charlotte Cty., 774 So. 2d 903 (Fla. 2d DCA 2001).
Sw. Florida Water Mgmt. Dist. v. Charlotte Cty., 774 So. 2d 903 (Fla. 2d DCA 2001). “*912 Section 373.226 has been in continuous existence from the date of the 1972 Act, as has the three-prong test of section 373.”
Vill. of Tequesta v. Jupiter Inlet Corp., 371 So. 2d 663 (Fla. 1979). “In order to qualify for the initial permit under section 373.226(2) Florida Statutes (1973), the right must have been exercised prior to the implementation of the Florida Water Resources Act by a water management district with geographical jurisdiction in that area.”
In Re Water Use Permit Applications, 9 P.3d 409 (Haw. 2000). “§ 22a-368 (1999) (July 1, 1982); Fla. Stat. Ann. §§ 373.226 , (West Supp.2000) (April 25, 1972); Ga.”
City of St. Petersburg v. Sw. Fla. Water Mgmt. Dist., 355 So. 2d 796 (Fla. 2d DCA 1977). “Section 373.226(2), Florida Statutes. At common law a landowner could withdraw from his property all the ground water he could reasonably use to the extent that it did not injure the adjacent landowner's property.”
Middlebrooks v. St. Johns River Water Mgmt. Dist., 27 Fla. Supp. 2d 237 (Fla. Div. Admin. Hr'g 1987). “And Section 373.226, Florida Statutes, goes on to provide as follows with regard to 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…”
— 373.226(1) — 1 case
Sw. Florida Water Mgmt. Dist. v. Charlotte Cty., 774 So. 2d 903 (Fla. 2d DCA 2001). “*912 Section 373.226 has been in continuous existence from the date of the 1972 Act, as has the three-prong test of section 373.”
— 373.226(2) — 4 cases
Sw. Florida Water Mgmt. Dist. v. Charlotte Cty., 774 So. 2d 903 (Fla. 2d DCA 2001). “*912 Section 373.226 has been in continuous existence from the date of the 1972 Act, as has the three-prong test of section 373.”
Vill. of Tequesta v. Jupiter Inlet Corp., 371 So. 2d 663 (Fla. 1979). “In order to qualify for the initial permit under section 373.226(2) Florida Statutes (1973), the right must have been exercised prior to the implementation of the Florida Water Resources Act by a water management district with geographical jurisdiction in that area.”
City of St. Petersburg v. Sw. Fla. Water Mgmt. Dist., 355 So. 2d 796 (Fla. 2d DCA 1977). “Section 373.226(2), Florida Statutes. At common law a landowner could withdraw from his property all the ground water he could reasonably use to the extent that it did not injure the adjacent landowner's property.”
Middlebrooks v. St. Johns River Water Mgmt. Dist., 27 Fla. Supp. 2d 237 (Fla. Div. Admin. Hr'g 1987). “And Section 373.226, Florida Statutes, goes on to provide as follows with regard to 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…”
— 373.226(3) — 2 cases
Vill. of Tequesta v. Jupiter Inlet Corp., 371 So. 2d 663 (Fla. 1979). “In order to qualify for the initial permit under section 373.226(2) Florida Statutes (1973), the right must have been exercised prior to the implementation of the Florida Water Resources Act by a water management district with geographical jurisdiction in that area.”
Sw. Florida Water Mgmt. Dist. v. Charlotte Cty., 774 So. 2d 903 (Fla. 2d DCA 2001). “*912 Section 373.226 has been in continuous existence from the date of the 1972 Act, as has the three-prong test of section 373.”
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