The Florida Senate

373.223  Conditions for a permit.--

(1)  To obtain a permit pursuant to the provisions of this chapter, the applicant must establish that the proposed use of water:

(a)  Is a reasonable-beneficial use as defined in ¹s. 373.019(4);

(b)  Will not interfere with any presently existing legal use of water; and

(c)  Is consistent with the public interest.

(2)  The governing board or the department may authorize the holder of a use permit to transport and use ground or surface water beyond overlying land, across county boundaries, or outside the watershed from which it is taken if the governing board or department determines that such transport and use is consistent with the public interest, and no local government shall adopt or enforce any law, ordinance, rule, regulation, or order to the contrary.

(3)  The governing board or the department, by regulation, may reserve from use by permit applicants, water in such locations and quantities, and for such seasons of the year, as in its judgment may be required for the protection of fish and wildlife or the public health and safety. Such reservations shall be subject to periodic review and revision in the light of changed conditions. However, all presently existing legal uses of water shall be protected so long as such use is not contrary to the public interest.

History.--s. 3, part II, ch. 72-299; s. 10, ch. 73-190; s. 10, ch. 76-243; s. 35, ch. 85-81.

¹Note.--Redesignated as s. 373.019(13) by s. 2, ch. 97-160.