Water Use / Consumptive Use Permitting
Florida's five water management districts require permits to withdraw and use large amounts of ground or surface water. Additionally, in the St. Johns River Water Management District, a permit may also be required to obtain large amounts of water from a wholesale water supplier. These permits are called water use permits or consumptive use permits, depending upon the water management district involved.
Generally, to obtain such a permit, the applicant must demonstrate that the use will be reasonable and beneficial, not interfere with another existing legal user, and be in the public interest. Meeting this three-pronged test can involve demonstrating compliance with a whole host of other criteria such as efficiency of use, evaluation of alternative water sources, reducing environmental impact, competing with other users, water supply planning, and not causing saline water intrusion. Additionally, the duration of such permits can often be the subject of dispute.
Our firm has been a significant participant in the development of many of the statutes and administrative rules governing water or consumptive use permitting. Over the years, our lawyers have assisted clients in obtaining and complying with water use permits from the water management districts by reviewing permit applications, handling permitting compliance issues, and litigating third party challenges to proposed consumptive use permits. Our firm has resolved issues such as the evaluation of lower quality water supplies, competing uses, efficiency of use, and 20-year permit durations.
Practicing Attorneys : Frank E. Matthews, Eric T. Olsen, Amelia A. Savage and Angela Morrison Uhland.