| OCR Text |
Show FLORIDA 219 The statute sets forth procedures to control (1) the contents of the petition to create such a district; (2) filing of the same with the circuit court of the county where the district or the greater part thereof will be located; and (3) notice, hearing, objections, and judicial decree creating such district.85 Once a district is established, the clerk of the court calls a meeting of the landowners within the district, and they elect three of their members to serve as a board of supervisors, and within 30 days thereafter the board of super- visors appoint a chief engineer.88 The chief engineer makes periodic reports to the board concerning surveys and plans for reclaiming the land within the district, and the board adopts a plan from such reports, which shall thereafter be: the plan for draining or reclaiming such lands from overflow or damage by water, and it shall, after such adoption, be known and designated as the water-management plan * * * . A copy of * * * the water-management plan shall be filed with the department of natural resources. At least once each five years the department shall review the water management plan and propose such modifications as it may deem proper.87 3. Surface Waters 3.1 Method of Acquiring Bights Traditional riparian rights are acquired when one acquires owner- ship of riparian land, although such rights ordinarily can be re- served from riparian land by special provisions in a conveyance.88 The common law rules are largely academic in Florida under the 1972 statute, however, because all water uses must be pursuant to permits issued by the department or the governing boards of the management districts (except for domestic consumption by indivi- dual users). It is important to bear in mind that there are three basic permit systems created by the statute: (1) Consumptive use permits;89 (2) well permits;90 and (3) storage and impoundment permits.91 In addition, permit systems are established for waste (pollution) discharges92 and for discharges into aquifers.93 For the present, attention will be focused on the consumptive use permits. Consumptive use permits are to be administered within the or- ganizational structure explained in section 2.1, above. Those ad- ministrative arrangements are rather complicated, but it is important to emphasize the flexibility in administration that arises from the department's authority to delegate administrative and management functions to the water management district. The basic statutory coverage (and the express exemption from coverage) is as follows: After the effective date of the implementation of these regulations in an area, no person shall make any withdrawal, diversion, impoundment, or consumptive 85 Sees. 298.01 et seq. (1972 supp.). 88 Sec. 298.16 (1972 supp.). "Sec. 298.26 (1972 supp.). 88 The cases are discussed in Maloney et al note 1 supra, at 53-54, 95-97. «> Sees. 373.216 et seq. (1972 supp.). 90 Sees. 373.303 et seq. (1972 supp.). 81 Sees. 373.403 et seq. (1972 supp.). 92 Sees. 403.011 et seq. (1971 rev.). a* Sec. 373.106 (1972 supp.). |
