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Show 224 FLORIDA eludes "water from natural springs * * * when it exits from the spring onto the earth's surface." 13° And the statute applies to "all waters in the State" unless specifically exempted by general or spe- cial law.131 Therefore, springs are subject to the requirements of the permit system (except for private domestic use), without regard to whether they form surface watercourses or not. 3.7 Diffused Surface Waters Diffused surface waters have been said to be those "derived from falling rain or melting snow" or which rise to the surface from springs, and are "diffused over the surface of the ground, thus re- taining that legal classification so long as they remain in "such diffused state of condition." 132 Diffused surface waters are expressly brought within the regula- tion of the permit system under the new statute,133 and rights of use in such water will be subject to permits (except for exempt private domestic uses). The new permit legislation does not purport to supplant the legal aspects of drainage of surface water, and these rights are more in the nature of rights in land rather than rights in water. With re- spect to drainage, Florida follows a modified version of the civil law rule, recognizing easements in accordance with natural flow patterns, but allowing landowners to make reasonable use of their land even though there is some disturbance of natural drainage flows.134 4. Ground Water All ground water is subject to regulation in Florida, except for the statutory exceptions, as explained in section 2.1 of this chapter, supra. Water permits are required for ground water use, and there are specific provisions for the management of ground water basin for recharge of aquifers, regulation of discharges into aquifers to prevent pollution, and saltwater barrier lines to prevent saltwater intrusion. In general, Florida's new statute is a realistic recognition that all components of water supply are interconnected and require conjunctive management.135 Part III of the 1972 statute relates to the regulation of wells and the licensing of water well contractors. The coverage is broad: No person shall construct, repair, abandon, or cause to be constructed, re- paired, or abandoned, any water [well] contrary to the provisions of this part and applicable rules and regulations.186 There are, however, a number of exemptions. Equipment used for temporary dewatering, and. dewatering processes, are exempt.137 The act does not apply to existing wells, unless such wells are hereafter repaired or abandoned.138 The department may grant exemptions in 330 Sec. 372.019(11) (1972 supp.). 131 Sec. 373.023(1) (1972 supp.). wLibby, McNeil & IAVby v. Roberta, 110 So. 2d 82, 84 (2d D.C.A. Fla. 1959). 133 Sec. 373.019(9) (1972 supp.). 13* See cases collected and discussed in Maloney et al., note 1 supra at 205 et seq. 135 See discussion in sec. 2.1 of this chapter, supra. 139 Sec. 373.306 (1972 supp.). w Id. 138 Sec. 373.316 (1972 supp.). |
