§ 90-26. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Act means the Florida Water Resources Act of 1972, F.S. ch. 373, and any amendments thereto.

Alter means to extend a dam or works beyond maintenance in its original condition, including changes which may increase or diminish the flow or storage of surface or ground water which may affect the safety of such dam or works.

Appurtenant works means any artificial improvement to a dam which might affect the safety of such dam, or when employed, might affect the holding capacity of such dam or of the reservoir or impoundment created by such dam.

Aquifer means a hydrologic unit consisting of a geologic formation, a related group of formations, or part of a formation related to water, wells or springs.

Artificial recharge means the introduction of any fluid substance into any underground formation.

Board, water management advisory (WMAB) means the board established by the board of county commissioners to conduct hearings on permit applications in relation to water management, and make recommendations to the board of county commissioners for approval or denial and to make recommendations to the board of county commissioners for investigations, studies and capital improvements to carry out the public interest aims and purposes of this article.

Closed system means any reservoir or works located entirely within lands owned or controlled by the user and which requires water only for the filling, replenishing, and maintaining the water level thereof.

Cone of depression means the depression produced in a water table or other potentiometric surface by the extraction of water from a well.

Consumptive use means the use of water which depletes the supply or renders it not available for reuse in the area from which it is withdrawn.

Dam means any artificial or natural barrier, with appurtenant works, raised to obstruct or impound, or which does obstruct or impound, any of the surface waters in the county.

Department means the department of natural resources or its successor agency or agencies.

Diversion means the moving of water from wells, aquifers, watercourses, or other bodies into a diversionary facility.

Diversionary facility means any artificial device which diverts water within the county including, but not limited to, a well, ditch, canal, swale, dam, impoundment reservoir, water intake pipe, appurtenant work and works.

Domestic use means any use of water for individual personal needs or for household purposes such as drinking, bathing, heating, cooking or sanitation.

Emergency means when the public health, safety, welfare or utility, or the health of animals, fish or aquatic life, or a public water supply or recreational, commercial, industrial, agricultural or other reasonable use of water is immediately endangered or threatened by insufficient supply, restricted source, deleterious quality or other condition of water in the county.

Emergency due to water shortage means when an emergency exists due to a water shortage and the powers exercisable under this article are not sufficient to protect the public health, safety, or welfare, or the health of animals, fish or aquatic life, or a public water supply, or recreational, commercial, industrial, agricultural, or other reasonable uses.

Groundwater means water beneath the surface of the ground, whether or not flowing through known and definite channels.

Impoundment means any lake, reservoir, pond, or other containment of surface water, fresh or saline, occupying a bed, basin, hollow or depression in the earth's surface with or without a current or single direction of flow and having a discernible shoreline.

Other watercourse means any canal, ditch, or other artificial watercourse in which water usually flows in a defined bed or channel. It is not essential that the flowing be uniform or uninterrupted.

Person means any and all persons, including, but not limited to, any individual, firm, association, organization, partnership, business trust, corporation, company, the United States of America, the state and all political subdivisions, regions, districts, municipalities and public agencies thereof.

Project works means any natural or artificial surface watercourse, impoundment, levee, dike, dam, floodway, pumping station, bridge, highway or other work or facility owned, operated or adopted by the board.

Reasonable-beneficial use means the use of water in quantities necessary for economic and efficient use, for a purpose and in a manner, which is reasonable and consistent with the public interest.

Reservoir means any artificial or natural holding area which contains or will contain water impounded by a dam.

Stream means any river, creek, slough, or natural watercourse in which water usually flows in a defined bed or channel. It is not essential that the flow be uniform or uninterrupted. The fact that some part of the bed or channel shall have been dredged or improved does not prevent the watercourse from being a stream.

Surface water means water on the surface of the earth, whether contained naturally or artificially, or diffused. Water from natural springs or wells shall be classified as surface water when it exits from the spring or well onto the earth's surface.

Surface watercourse means water upon the surface of the earth, whether contained in bounds created naturally or artificially, which usually flows in a defined bed or channel. It is not essential that the flow be uniform or uninterrupted.

Underground formation means any geological unit, part of a unit, or group of units lying beneath the surface of the ground.

Water or waters in the county means any and all water on or beneath the surface of the ground, including natural or artificial watercourses, lakes, ponds, or diffused surface water and water percolating, standing, or flowing beneath the surface of the ground, including all coastal waters within the geographical boundaries of the county, as defined by law.

Water shortage means when all or part of the county has insufficient water available to meet the requirements of the permit system, or when conditions require a temporary reduction in total use within an area to protect water resources from serious harm.

Well means any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed when the intended use of such excavation is for the location, acquisition, development, or artificial recharge of groundwater; but not including sand point wells or other wells for obtaining or prospecting for oil, natural gas, minerals, or products of mining or quarrying, or for inserting media to dispose of oil brines or to repressure an oil or natural gas bearing formation or for storing petroleum, natural gas, or other products.

Works means any artificial structure not included in the definition of dam and appurtenant work, including but not limited to ditches, canals, conduits, channels, culverts, pipes, and other construction that connects to, draws water from, drains water into, or is placed in or across the waters in the county, but shall not include wells.

(Ord. No. 74-50, § 1(1.04))

Cross reference

Definitions generally, § 1-2.