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Show 216 FLORIDA Permits may be revoked for a number of resons, ranging from false statements in applications or reports to wilful violation of permit conditions or provisions of the act, and from nonuse of the water to the voluntary consent of the permittee.69 These provisions are re- viewed in some detail in section 3.4, infra, which discusses loss of rights. (7) Water Shortages and Emergencies Permits are subject to special limitations during emergencies re- sulting from water shortages. First of all, the Department or district board is to formulate a plan for implementation during periods of water shortage, and such plan shall include a reasonable system of permit classification in accordance with source of water supply, method of extraction or diversion, nature of water use, or any combination of the same.70 A "shortage" within the meaning of the act exists when there is insufficient water to satisfy permit requirements or when reduction in water use is necessary in order to protect water resources from "serious harm." 71 In either event, the Department or district board may issue an order declaring the emergency, and the water shortage plan or so much thereof as is necessary may be implemented to meet the needs of the emergency situation, including restrictions on water use under permits.72 When a declaration of water shortage is made, notice is given by publication and by regular mail to each permittee, advising as to restrictions in use. If the emergency plan is inadequate to meet the needs of the emergency, additional orders may be issued requiring such further action as may be necessary, including apportioning, rotating, limiting or prohibiting the use of water.73 All permittees are required to comply with orders issued to them, but may contest the validity of the order through procedures set forth in the act, which include administrative and judicial review. When the emergency caused by the water shortage abates, the order declaring the emergency is rescinded by the department or district board.74 f. Regulation of Wells Water wells are subject to rather comprehensive regulation under the act,75 but these provisions are discussed in section 4, infra, which discusses ground water. g. Management and Storage of Surface Waters (1) Scope of regulation.-The basic thrust of this part of the act is to require permits for the construction, alteration, and operation of dams, reservoirs, impoundments, and works associated therewith.78 The functional procedures for this phase of the permit system, and 69 Sec. 373.243 (1972 supp.). to Sec. 373.246(1) (1972 supp.). 71 Sec. 373.246(2) (1972 supp.). ¦"Sec. 373.246(3) (1972 supp.). 73 Sec. 373.246(7) (1972 supp.). "See, generally, Sec. 373.246(4)-(8) (1972 supp.). 75 Sees. 373.303 through 373.339 (1972 supp.). 78 Sees. 373.403 through 373.446 (1972 supp.). |