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Show FLORIDA 223 Though not in the exemption section of the statute, there is a pro- vision which implies an exemption for all impoundments which do not exceed 10 acres in surface area: * * * no person shall construct, or alter, except in the course of normal maintenance, any dam, impoundment, reservoir, appurtenant work, or works designed to divert or impound waters exceeding 10 acres in area without first obtaining a permit from the governing board or the department.116 The statute then sets forth guidelines for administration;116 spe- cifies the contents of applications for permits;117 and provides pro- cedures for notice and hearings thereon.118 In addition to the construction permits discussed above, the statute requires that permits be acquired for operation and maintenance of impounding structures.119 These permits "shall be permanent," and: the sale or conveyance of such dam, impoundment, reservoir, appurtenant work, or works, or the land on which the same is located, shall in no way affect the validity of the permit, provided the owner in whose name the permit was granted notifies the governing board or department of such change of ownership within 30 days of such transfer.120 Other provisions relate to inspections, abandonment, revocation and modification of permits,121 abatement of violations,122 and reme- dial and emergency measures.123 The statute applies to storage and impounding facilities in existence on the effective date of the act,124 and requires tEat they be "registered" and thereafter regulated under the provisions of the statute.125 3.6 Springs Florida has more springs (17) of the first magnitude (average flow of 100 cfs or more) than any other State in the Union.126 Rights of use in spring water, under common law principles, is dependent on whether the spring forms a natural watercourse. If it does, than all riparian owners may make a reasonable use of the water, under the same rules applicable to surface watercourses.127 If the spring waters do not form a natural channel, but spread over the surface of the ground or seep underground, the owner of the land where the spring arises may use the water without reasonable use restrictions.128 Those principles only apply, however, to uses exempt from the new water legislation, because the statute specifically includes spring waters. This conclusion follows from the definitions given for "water" and for "surface water." Water includes "any and all water on or beneath the surface of the ground * * * "129 and surface water in- 115 Sec. 373.413(1) (1972 supp.). 118 Id. et seq. i"Sec. 373.413(2) (1972 supp.). 118 Sec. 373.413 (3), (4), (5) (1972 supp.). «9Sec. 373.416 (1972 supp.). 120 Sec. 373.416(2) (1972 supp.). 121 Sees. 373.423, 373.426, 373.429 (1972 supp.). 122 Sec. 373.433 (1972 supp.). 123 Sees. 373.436, 373.439 (1972 supp.). 12*Sec. 373.446 (1972 supp.). 125 Id. 128 Maloney et al., note 1 supra at 163. 127 Id. at 162 et seq. 128 Id. J29 Sec. 373.019(9) (1972 supp.). |
