§ 90-44. Competing applications.

(a)

If two or more applications compete for the same type of use and source of water that is inadequate for all, or that for any other reasons are in conflict, the board of county commissioners shall approve or modify the applications to best benefit the public interest. In considering the relative public benefits, the board of county commissioners shall consider the following:

(1)

Purposes expressly declared to be in the public interest in F.S. § 373.016 shall be given primary consideration.

(2)

Public users shall be preferred over private users.

(3)

Economically more productive uses shall be preferred over less economically productive uses.

(b)

If two or more competing applications that equally qualify under subsection (a) of this section cannot be reconciled by modification, the board of county commissioners shall give first preference to renewal applications. If none or all are renewal applications, preference shall be given to the first properly filed application.

(Ord. No. 74-50, § 1(2.04))