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Show 214 FLORIDA distinguished from existing uses. The statute then provides that: 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.68 [Emphasis added.] The act is then most interesting as it approaches the rather delicate question as to whether existing riparian uses are entitled to permits as a matter of right. "Riparian rights" or "riparian uses" are no- where mentioned in the act as such, but the scope of the act clearly applies to them. First of all, it is mandatory that an "initial permit" be issued by the Department or district governing board for all non- exempt uses in existence when the permit system is implemented, if- and only if-the use is (a) reasonable-beneficial under the statutory definition, and (b) allowable "under the common law of this State."59 For such existing uses, applications for permits must be filed within two years following implementation of the permit system, or there will be a "conclusive presumption of abandonment of the use." 60 If the user desires to revive an "abandoned" use, he must apply for a permit, in which event he is in exactly the same position as an appli- cant for a new use. Constitutional questions concerning these pro- visions are noted in section 3.4, infra, dealing with loss of rights. (Jf.) Content of Application and Hearing Required The application must show the name and address of the applicant, date of filing and hearing (if any), source of water supply, quantity of water applied for, nature of proposed use, place of use, and point of diversion (or, if a well, the drilling site).61 Notice of application must be given by mail and publication (as indicated above), stating the time within which written objections may be filed with the department of governing board. If the pro- posed use does not exceed 150,000 gallons per month, the board may consider the application and any objections filed without hearing; if the proposed use will not exceed 3,000,000 gallons per month, the department or governing board may consider it without hearing if no objections are filed, and after "proper investigation" by the staff of the department or board. In all other cases hearings are required.62 (5) Competing Applications When two or more applications have been filed for use permits from a source of water which is inadequate to satisfy the proposed uses of all of the applicants, the department or district board "shall have the right to approve or modify" the application which "best serves the public interest."63 If the department or district board concludes that two or more applications serve the public interest equally, then "preference" must be given to renewal applications over initial applications.64 This undeniably establishes a version of "pri- ority" in time of filing, since it is mandatory that existing permittees be preferred over new applicants when the public interest would be served equally well. 68 Sec. 373.226(1) (1972 supp.). 69 Sec. 373.226(2) (1972 supp.). 80 Sec. 373.226(3) (1972 supp.). 81 Sec. 373.229 (1972 supp.). 82 Id. 83 Sec. 373.233(1) (1972 supp.). MSec. 373.233(2) (1972 supp.). |
