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Show FLORIDA 217 the exemptions from regulation will be discussed in section 3.5, infra, dealing with storage waters, artificial lakes and ponds. 2.2 Resolution of Water Use Conflicts Florida does not have any statutory procedure for resolving water use conflicts in the manner of general adjudication proceedings which are common in many of the Western appropriation States. This is quite understandable, of course, since the 1972 act recognizes no permanent private rights to use water. The act does grant a number of limited exemptions from regula- tion, and it may be that uses continued or initiated within these exemptions are rights, riparian or otherwise, and disputes concern- ing them apparently would be litigated in the courts. Since the exemptions are beyond the reach of the act, neither the department of natural resources nor the water management districts would be empowered to act in any way to regulate such uses or to resolve conflicts concerning them. Even where a dispute is between an ex- empted user and a permittee under the act, it seems quite clear that the only forum for resolution would be the courts. With respect to disputes between permittees, it also seems that the courts afford the only means for resulting the differences. The de- partment and district boards have administrative and quasi-judicial jurisdiction when applications for permits are being considered, when permits are modified or revoked upon statutory grounds, and where permit uses are restricted during water shortage emergencies. But when permits have been issued for fixed terms and are in good standing, and no water shortage emergency exists, neither the depart- ment nor district boards have any authority to interpret the permits or to amend or alter then without the consent of the permittees, and questions concerning the relative rights of the permittees would be judicial questions for the courts. 2.3 Other Agencies Having Water Resource Responsibilities As noted earlier, Florida has rather extensive statutory regulation of a number of water related functions, such as navigational use of canals and waterways, salt water and fresh water fisheries, and shoreline preservation and development. Those subjects are, however, beyond the scope of this summary, and space permits only brief mention of statutes regulating water quality control and authorizing formation of drainage districts. a. Water Quality Control Florida's pollution control law extends to water, air and noise, since "pollution" is defined to be: the presence in the outdoor atmosphere or waters of the state of any one or more substances, contaminants, or noise in quantities which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or unreasonably interfere with the enjoyment of life or property, including outdoor recreation.77 "Sees. 403.031(2) (1971 rev.). |