Ordinance 74-50ORDINANCE NO. 74-50
AN ORDINANCE ESTABLISHING THE COLLIER COUI{TY WATER
~1NAGEMENT POLICY TO EFFECT MAXIMUM BENEFICIAL USE,
DEVELOPMENT, CONSERVATION AND PROTECTION OF THE WATER
RESOURCES OF COLLIER COUNTY; TO REGULATE AND CO,~TROL
THE USE, DIVERSION AND IMPOUNDMENT OF GROUND AND SURFACE
WATERS; ESTABLISHING Tire DUTIES A/ID RESPONSIBILITIES OF
THE WATER MANAGEMENT ADVISORY BOARD; REQUIRING THAT
PETITIONS FOR THE REZONING OF LAND, ESTABLISHMENT OF
BULKHEAD LINES ~D PER/4ITS TO DREDGE OR FILL A/~D PER/4ITS
FOR %'rE..LLS BE REVIEWED BY THE W~TER MANAGE~[ENT ADVISORY
BOARD PRIOR TO ISSUE OF SUCH PER/4ITS; REQUIRING A PERMIT
PRIOR TO THE USE, DIVERSION OR WITHDRAWAL OF WATER, PRIOR
TO CONSTRUCTING, ALTERING, OPERATING, MAINTAINING OR
'ABANDONING ANY DAM, IMPOUNDM~NT, RESERVOIR, APPURTENANT
WORK OR WORKS IN COLLIER COUNTY; REQUIRING A PEP~4IT
PRIOR TO BEGINNING CONSTRUCTION OF ANY PROJECT TO
ARTIFICIALLY RECHARGE ANY AQUIFER; REQUIRING A PERMIT
PRIOR TO THE DISCHARGE OF INDUSTRIAL OR CO~94ERCIAL
WASTE, OR PUBLIC MUNICIPAL OR PRIVATE SEWAGE EFFLUENT
BY SUP~VACE DISCHARGE, DEEP. WELL, INJECTION OR OTHER
METHOD; ESTABLISHING PRO.CEDURES; .PROVIDING EXCEPTIONS;
PROVIDING DEFINITIONS; PROVIDING GUIDELINES FOR THE
P. ER/.IITTING OF COMPETING REQUIRE}'-V. NTS FOR THE USE OF
WATER PROVIDING EI.~ERGENCY PO~RS TO DEAL WITH ~'?ATER
SHORTAGE; PROVIDING FOR INSPECTIONS OR REPORTS; REQUIRING
THE INSTALLATION OF I{EADGATES, VALVES AND MEASURING
DEVICES AT TIIE OWNERS EXPENSE AND AUTHORIZING SUCII
INSTALLATIONS BY THE BOARD WITH TI-IE COSTS ASSESSED AND
LiENED AGAINST TIIE OW~IERS LAND TO BE COLLECTED AS TAXES
OR AS OTHERWISE PROVIDED BY LA, q; PROVIDING FOR THE
REVOCATION AND MODIFICATION OF PEP/4ITS ISSUED; PROVIDING
PENALTY SEVERANCE AND CONSTRUCTION CLAUSES AND PROVIDING
AN EFFECTIVE DATE.
BE .IT ORDAINED BY THE BOARD OF COUNTY COMMISSI(
OF COLLIER COUNTY, FLORIDA: that there is
enacted an Ordinance establishing the Collier
Water Management Policy consisting of Articles I, I1
and Iii hereinafter.
SECTION ONE
1.01
1.02
1.03
ARTICLE
GENERAL
~urposg.
The purpose of this ordinance is to establish the Water Policy
of Collier County, Florida to effect the maximum beneficia~use,
development, conservation and protection of the wate~ s ce~
of the County in the best interest of the public and t6(i!p~eve~ J
the depletion, deterioration, waste, and unreasonable ~s~ ~f '~2
water resources. The following regulations are establ~she~ to
control all water within the geographic boundaries of Collier
County to carry out the intents and purposes of the Florida
Water Resources Act of 1972 as amended and of this ordinance.
Scope of Jurisdiction.
The Board of County Commissioners of Collier County shall regulate
and control all ground and surface water, including the use of
operation of all water wells, dams, impoundments, reserve.irs,
appurtenant works, and works within Collier County, unless
specifically exempted from regulation or control by general
law or special act.
Powers and Duties.
Th6 powers and duties of the Board of County. Commissioners shall
include, but not be limited to, the following:
1. to protect the inhabitants, the land and 'other property
within the County from a surplus or deficiency'of water
as it deems beneficial to the public health, safety, welfare
and utility;
2. to establish, maintain and control water levels in all
canals, lakes, rivers, channels, reservoirs, s~reams ~nd
other bodies of water within Collier County;
3. to reg~late and control discharge into or withdrawal
from nj. 1 waters in Collier Coun[y;
1.04
4. to buy, sell, exchange, and distribute water;
5. to require each user of water to install and maintain a
substantially accurate and servic~able m~asuring devic~
acceptable to, and at any point d~signated by, the Board
to measure the water discharged or diver~ed; to require
any user of water to report on such forms and for such
periods as required, the amount, of water measured and to
provide such other information as the Board may require;
6. to establish the minimum flow of all surface watercourses,
and the minimum level of all ground and surface water to
be maintained in Collier County;
7. to formulate plans for periods of water shorta:]e, and to
impose restrictions in accordance with such plan when
necessary .to protect the water resources of any area;
8. to determine the existence of an emergency in the County
and to require such action as the Board deems necessary
in accordance with law.
9. to cause ent~ upon any private property at such times as
'necessary or desirable to conduct inspections and surveys
for the purposes of this ordinance·
Definitions
1. "Act" means the Florida Water Resources Act of 1972
Chapter 373, Florida Statutes, and any amendments thereto.
2. "Alter" means to extend a dam or.works beyond maintenance
in its original condition, including c~anges 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 ~orks" means any artificial impro, vement to
a dam which might affect the safety of such dam, or when
employed, might affect tho holding capacity of such dam
'or of the ~eservoir or impoun~ent created by such dam.
"Aquifer" means a hydrologic unit consisting of a geologic
forma~ion, a rel~c~, groUP of formations, ~r part of a
formation re].ated to water, wells or springs.
10.
11.
12.
13.
14.
"Artificial recharge" mean~ the introducti6~ of any fluid
substance into any underground for~ation.
:.
"Board" means the Board of County Commissioners of Collier
County, Florida.
"Board, Water Management Advisory" (WMAB) means the Board
established by the Board of County Commissioners to conduct
hearings on permit applications in relation to ~ater
Management, and make recommcndattons to the Board for
approval or denial and to make recommendations to the Board
for investigations, studies and capital improvements to
carry out the public interest aims and purposes of this
ordinance.
"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 p~tentiometric surface by the extrac-
.tion of water from a well.
Consumptive Use" means the use of water which depletes thc
supply or renders it not available for rcuse 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 Collier County.
"Department" means the Department of Naturhl Resources or
its successor agency or agencies.
"Diversion" means the moving o~ water from wells, aquifers,
watercourses, or other bodies into a diversionary facility.
"Diversionary Facility" means any artificial device(s)
which divert(s) water Within'Collier County incluaing, but
not limited to a well, ditch, ~anal, swale, dam, impoundment
reservoir, water intake pipe, ~p~urtenant work, and works.
15.
16.
17.
20.
21.
"Domestic use"~means any use.of water for individual personal
needs or for %ogsehol~ pur~gs~.such as drinking, bathing,
"Emergency" means When the public health, 'safety, wel'fare'
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 Collier County.
"Emergency due to water shortage" means when an emergency
exists due to a water shortage and the powers exercisable
under this ordinance 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 recrea-
tional, commercial, industrial, agricultural, or other
reasonable uses.
"Ground ~ater" mcan= .'~-
% ..... beneath tho surfaco cf the ground,
whether or not flowing t~}ro~gh 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
wi~h or without a current or single direction of flow and
hauing a discernible shoreline.
"Other watercourse" means any canal, .ditch, or other
artificial watercourse in which water usua. lly 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 ~nerica, the state, and all political
subdivisions, regions,, distric~s, municipalities and public
agenc~s thereof. ~
22.
23.
"Prq~.ect works", moans any natural or art{.ficial surface
wa~-~rcourse, impoundment, levee, dike, dam, floodway,
pumping station, bridge, highway or othcr work or facility
owne~, 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 tho public interest.
24. "Reservoir" means any artificial or natural holding area
which contains or will contain water impounded by a dam.
25. "Stream" means any river, creek, slough, or natural water-
course in which water usually flows in a defined bed or
channel. It is not essential that the flow be uniform
or unin6errupted. The fact that some part of the bcd or
26.
channel shall have been dredged.or improved does not
prevent'the watercodrse from being a stream.
"Surface water"~means water on the surface of the earth,
whether contained naturally or artifically, or diffused.
Water from natural springs or w~lls shall be classified
as surface water when it exits from the spring or well
onto the earth's surface.
27.
"Surface watercourse" means water upon the surface of
the earth'S'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.
28.
29.
"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 Collier 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 th~ sur£ac~ of.the, ground, including
1.05
all coastal waters within the geogkaphical boundaries of
Collier County, as defined by law..
30. "Water shortage" means when 'ali or part of Collier County
has insufficient water available to meet the requirement~
of the permit system, or'when conditions require a temporary
reduction in total use within an area to protegt water resources
from serious harm.
31. "Well" means any excavation that is drilled, cored~ bored,
washed, driven, dug, jetted, or otherwise constructed
when the intended use of such excavation i~ 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.
32. "Works" means any artificial structure not included in
'the definition of dam and appurtenant work, including but
not limited to;.ditches~ c~nals, condufts, channels,
culverts, pipes, and other construction that connects to,
draws water from, drains water into,'or is placed in or
across the waters in Collier County, but shall not include
wells.
The Water Manaqement Advisory Board~ Duties and Responsibilities
1. The Water Management Advisory Board shall review, and
advise the Board of County Commissioners concerning:
(a) projects which affect the surface or ground waters of
Collier County. The review shall include, but not be
limited to, the chemical and biolo~ical quality of
waters within Collier County and quantity of water
resources considering re~ntion, impo%ndments,
discharges, recharge and other factors affecting
. quality and quantity of water ~esource~s.
2e
(b) Projects, applications and petitions that require a
hearing ~y the Water Management Advisory Board prior
t~ approval including petitions for the rezoning of
'land use, ~latting of land, bulkhead lines and dredge
and fill; permits for wells in excess of two inches
(2") in diameter; requests to vacate or relocate
easements and portions of plats; excavations and borrow
pits; and others referred by the.Board of County
Commissioners.
Should an application be rejected by the Water Management
Advisory Board, the applicant may obtain a hearing before
the Board of County Commissioners by filing a written
petition.
The Water bIanagement Advisory Board shall recommend
restriction of permits with reasonable conditions necessary
to conserve, protect, manage or control waters within
Collier County. °
The Board shall cause to be investigated complaint~ filed
alleging that any p~rson without a permit is making a
diversion, withdrawal, impoundment, or other use of water
not expressly exempted by this Ordinance. .Fgllowing
investigation the Board shall take appropriate action and
notify the complainant.
2.01
,ARTICLE II
STANDARDS FOR ISSUE OF PERMITS, REVOCATION,
MODIFICATION AND PRIORITY CLASSIFICATION;
PROVISION FOR WATER SHORTAGE EMERGENCIES.
Permit Required~ Unlawful
1. It shall be unlawful without first obtaining a permit as
required by this Ordinance, for any person, firm,
corporation or other legal entity, i~cluding a land owner,
lessee or other'person with the right or d~ty to control
the use of land, or for any well or pump driller, digger
or installer or any contractor or other agent;
(a) to use, divert, or withdraw any water within
Collier County;
(b) to construct, alter, operate, maintain or abandon
any dam, impoundment, reservoir, appurtenant work
or works in Collier County;
(c) to begin construction of any project to artificially
' recharge any aquifer or intentionally introduce water
into any underground 'formation in' Collier County;
(d) to discharge industrial or commercial waste or
public, municipal or private sewage effluent into
the waters, adjacent soils or underground formations
of Collier County by surface disc~arge,"deep well
injection, or other method;
(e) to connect or place structure in, on, under or across
project works, as defined herein, or otherwise mar
use of project works or lands of the County.
EXEMPTION:
No land owner shall be required to obtain a permit to
withdraw water from his land for his reasonable-beneficial
domestic use. '
2. Each application for a permit shall bo accompanied by a~
n~n-refundable fee of ten dollars ($10) and]shall~e filed
with the County Manager in a form to include, but not be
limited to the following information~ii~,
e
(b), *name ~nd ~ddre~a*og thd'npp1~cnnC (t~ a co~poraCton,.
hddrea~ of the local and principal bu8Sneaa office)
(c) *the 8ource
s~roa~ or **other ' surface 'va~Or, the n~o 9enerall~
used tn tho vicinity - if a ground water source, so
s tare)
material
(e) the'quantity of water applied for, the use to be made
of the water and any limitation including 'the nature
of the use, method of withdrawal or diversion, and
facts upon which the amount of water requested is
based;
(f) the place and land area where the water is to be used;
(g) tke location of the well, or for surface water the
point of diversion; ·
(h) the total land area owned or leased by the applicant
from which water is to be withdrawn;
(i) the signature of tho applicant or his agent (if a
representative capacity, attach proof of a~thority -
if a corporation, public di~*trict, county, municipality,
etc., include a certified copy of tho authority by
which the application is made)
(j) other information required by the Board.
The 'application must.be presented to the County Manager,s
Office no later 'than thirty '(30) days prior to date of
the Water Management Advisory Board meeting during which
the application is to be heard~ Ten (10) days prior to
t'he he*aring the applicat$on will be included on the Agenda
:and the applicant will'be advised and invited to attend.
The Board shall* hold.a, hearing on each~apPlication for a
pe~it unless; . ,
· (a)* the app'ltcation or use is for less than 100,001
2.02
(b} the application is for less than .1,000,001 gallons
per day, and there ate no substantiaI objections
to the application. The Board, after proper
investigation may approve the application with6ut
a hearing.
NOTE:
The County Manager may issue a permit for an agricultural
use without a hearing after receiving information and data
substantiated by the County Agricultural Agent which
demonstrates the reasonable beneficial use of water and its
availability from'.the source designated.
Standards Governing Issue of a Permit.
1. To obtain a permit, an a?plicant mu~t demonstrate that:
(a) The applicant has right to the beneficial use of the
land with a reference to the land's recorded title
and any lease agreement, and
(b) The intended use is. a re%sonable-beneficial use as
dcfincd hc~cinabov=, is consistcnt with the public
interest, and will not interfere with any legal use
of water existing at the time of application, including
both exempt domestic uses and uses exercised under the
.authority of a valid permit.
2. In determining if a use is consistent with the public
interest, the Board may consider, among others, the
following.factors:
(a) the maximum economic devei?pment of ~he water resources
consistent with present and future uses;
(b) the control of such watels for environmental
protection, drainage, flood control, ahd
water storage and other such purposes;
(c) the quantity of water available for a reasonable-
b.eneficial use;
(d) the prevention of wastef%.]., u~economical, impractical
or unreasonable uses of ,4ater reso,,rces;
Ce)
(~)
:~.1~ ' ",'.,, (I,~ ' ~:'~ ....... .," ~
thc pre..qorvation ~nd enhancement of the water
quality of the State and the provisions of the
water quality standards and classi~ications as
established by the Florida Department of Pollution
Control;
t~e State' water resources policy as expressed in tho
Act.
The Board may authorize the holder of a use permit to
t'ransport and uso ground or surface water beyond overlying
land or outside the watershed from which it is taken if
the Boar~ determines that such tFansport and use is
consistent tilth the public interest.
4. The Board may reserve'water from use by permit applicants
in such locations and quantities and for such seasons bf
the year as may be necessary to protect the public health,
safety, welfare and utility or fish and wildlife. Such
reservations shall be subject to periodic review and
revision in c6nsideration of changed conditions. All
legal uses of water at the time of the reservation shall
not be subject to' this sub-section if not contrary to
the public interest.
2.03 Permits for Existing Uses.
1. Ail uses of water An existence prior to the effective date
of this ordinance, unless exempted by law, may be continued
after adoption of this permit system if a permit is issued
and a report made as provided hereinbelow:
(a) within Collier County Water District Number 7 (#7)
the location and size of each well must be reported
to the County Engineer within six (6) months after
the effective date of this ordinance.
(b)
each user of water.with.in Collier County, including
Water Manpgement,'District .Number 7 (~7), must apply
for a permit to continue use within six (6) mohths
after the qffective date'of this ordinance.
2.04
(c) Failure to report or apply within the above period~
of 'time shall create a.~nclUsive presumption of
abandonment of the use. I£ the user desires to'revive
the use, he must apply for a permit in accordance
with paragraph 2.64 herein.
2. The Board shall:
(a) conduct an advertised public hearing if:
(1) the Board has reason to believe the existing
use is not a reasonable-beneficial use, or
is not allowable under the common law of
this state; or
(2) the Board determines that a permit should be
for a smaller quantity of w~ter than sought,
or should contain substantial limitations·
(b) issue a permit to continue an existing use after
a hearing in accordance with Paragrap~ 2.01 herein-
above, if the existing use is a reasonable-beneficial
use as defined hereinabove and is allowable under
the common law of.thi.s State.
(c) be advise~ in'public hearing of the size, location
and capacity of permits for withdrawals issued by
the County Manager.
Com. p erin,. Applications .
1. If two or more aPplications compete for the same type of
use and source of water, as defined by Paragraph 2.12-2
(a) and (b) hereinbelow, that is inadequate for all, or
that for any other reasons are in conflict, the Board
shall approve or modify the applications to best benefi:
the public interest. In considering the relative
public benefits, the Board shall consider the following:
.(a) purposes expressly declared to be in. the public
interest in Section 373.016, Florida Statutes,
zhall be given primary consideration;.
(b) public users shall.be prefezred over ~rivate user's;.,
2.05
2.06
(C) economically mora productive uses shall bo preforre~
over less ,~conomically Rroductive ~ses,
2. If two or m6re competing applications that equally
' qualify under subzection (1) above cannot be reconciled
by modification, th~ Board shall give first preference to
renewal applications., If none or all are renewal applications,
preference shall be. given to tho first properly filed
application.
Duration of Permits.
1. Pe~its may be issued for a period not to exceed fiv~ (5)
years upon source of supply, type of use, or both.
2. The Board may authorize pe~its for up to fifty (50)
years in the case of a governmental body,.p~lic works,
or p~lic service corporation if required to retire bonds
for construction of water and wasto disposal facilities.
Modification~ Renewal and Transfer of Pe~its.
1. A pe~ittee or tho County Manager shall apply fbr' the
Board to approve.modification of an unexpired pe~itted
use. If the modification is for an increase of 100,000 ·
gallons of water per day.or more, the application shall
be processed as a new application for a permit as
provided hereinabove. Application for an increase of '
less than 10%,000. gallons of water per day may be approved
without a hearing'if the applicant demonstrates:
(a} a change in conditions so that the water
pe~itted is inadequate;.and
(b) the proposed increase complies with Paragraph 2.02
hereinabove.,/
2. If the modification is for a decreased need for water, the
pe~ittee or the~Co~tY Man,get:shall notify the Board
3. The Bbard may;'grant, modificati°~.~ of~.other teas.of a pe~it..
A ~eari~g shall-be he14 ?if~ the'.mod~fication s~stant~ally
affe6ts the-interest of the pUb].ic, or any .legal usor..
2.07
2.08
4. Each renewal application shall be processed as a new
application.
Upon written request a permit may be transferred if the
use remains the same. Terms and conditions of the permit
shall be binding on the.transferee.
Revocation of Permits.
1. After a hearinp, the Board'.mays
(a) revoke any permit for nonuse of the water supply
for a period of two (2) years or more~
(b) revoke, in whole or in part, any permit for
any material false statement in an application
to continue, initiate, or modify a use~ or in
any report or statement of fact required of the
user pursuant to this ordinanc~ or regulation
hereunder~
(c) revoke or temporarily suspend in whole or in
part, any permit for the willful1 violation of
any condition of a permit~
'(d) suspend, in whole or in part, for a period not to
exceed one year, any permit for the violation of
any provision of this ordinance or regulation
hereunder.
2. The Board may cancel any permit with the written consent
of the permittee.
E~e. rgency AuthorSzation for User Withdrawal or Diversion of lqater.
1. The County Manager may. grant emergency authorization to
begin ~se, withdrawal, or diversion ~f.water' prior to
issue of a permit whenemergency conditions exist if the
use, withdrawal or diversion is being considered for a
permit, and if unforeseen or ~.~foreseeable circumstances
create an emergency. Mere carelessness or lack of planning
by the applicant shall not b~ sufficient grounds to warrant
an emergency authorization.
.5.
-15,.;
e
If a change in water quantity or quality occurs which
prevex{ts further use of water for agricultural purposes, the
permit~ee, or his designated ~gent, shall notify the
County Manager cf this condition. The County Manager
shall verify the condition and may authorize the
relocat.ion of tho well to a site requested by the
applicant, if the new site is determined not to be
potentially damaging to the water source, within the
standards established by thi~ Ordinance.
If an existing well suffers structural damage requiring
abandonment, the owner and user shall advise the. County
Manager who will verify the condition and may immediately
authorize the relocation.
2.09 Water Shortage Plan.
1. Declaration of water shortage: The Board may declare a
water shortage exists within all or part of Collier County
when it determines insufficient water is available to
meet requirements, or when conditions require temporary
reduction in total use within thm area to protect water
resources from serious harm.
2. C'lassification of permits: For the purpose, of the water
shortage plan each permit shall be.classified as follows:
(a) Sour~e.C!assificattons;
(1)
(2)
Ground Water. =he Board may further classify
.ground water source permits accgrding to the
aquifer or 6ther ground.water source.
Surface Water. The Board may further classify
permits according to the source .of surface
water from which the water is to be withdrawn,
diverted or impounded.
(b) Use Classif~cation§;''
(1)
Domestic Use includes individual personal needs
or ho~sehold purposes, such as drinking, b'athing,
heating, cooking, or sanitatien uses. .. ~:
(2) Essential service incl%~d6s fire department,
hospital or other emergency service.uses.
(3) Public supply incl'ud~s use by municipal and
private water systems.
(4) Livestock includes uses for domestic or
commercial livestock.
(5) ~ricultural i~cludes uses for the production
of crops and farm products.
(6) Industrial includes uses f~r manufacturing,
commerce, trade'and industry.
(7) ~inin~ includes uses for the extraction,
transporta~:ton, or processing of minerals.
(8) Power includes uses for the production of
electric power.
(9) Recreational includes uses for water oriented
recreation including, but not limited to
fishing, boating'and swimming.
(10) Golf Courses: use for the game of golf with
a series of 9 or 18 holes each including tee,
fairway, and pu~ting green ~nd often one or
more natural or artificial hazards.
The Board may establish additional reasonable use
classifications as it deems necessary. .The above listing
does not establish a priority ranking system.
Provisions and restrictions: Upon declaring a water
shortage within all or part of Collier County, the Board
may impose upon any classification of permits the following
restrictions:
(a) provisions for water users in an area to make
voluntary agreements with the concurrence of the
Board or the County Manager to. provide for the
mutual redu?~ion, sharing, or rotation of use;
(b) provisions for tho distribution of.water to
permittees in exchange for ceasing o~ reducing
ground Water extraction; '
4~
(c) regulations for ~hQ me~ering, or wQ].l pump
revolution counting, and reporting of all water
used,'dive~ted, impounded, extracted or withdrawn;
(d) regu].ation~ to maintain minimum flows and minimum
levels;
(e) regulations to protect against salt water intrusion
or other d~terioration of water quality including the
closing and plugging of wells;
(f) restrictions on the total amount of water that
may.be used, diverted, impounded, extracted, or
withdrawn during'any day, month, or year;
(g) restrictions on the timing.of use, diversion,
impoundment, extraction, or withdrawal of water;
· (1%) restrictions on p~ping rates or diversion rates;
or
(i) such other provisions or restrictions necessary
. to protect water resources from serious ~arm.
Exercise of powers: In'declaring a water shortage and
determining classes of permits to be restricted, the
Board' shall consider the public interest and the
following guidelines:
(a) domestic use exclusive of lawn and ornamental plaht
irrig2tion, normally has the highest priority;
(b) users that ~upply necessities to people are
preferred over other uses;
(c) public users are preferred over private users
of the same type of use and source;
(d) users subject to serious loss of invested capital
if supplies are reduced are preferred over others
as neqessary to protect investments gonsidering
the severity of the water shortage.
The a~ove listing does not establish a priority ranking
system.
2.10
2.11
2.12
Tho Water Shortacje Plan and Procedures.
1. Publication of notice: When a water shortage is declared
the Board shall cause notice thereof to be published in
a prominent place within a newspaper generally circulated
throughout the area each .day ~or the first week of the
water shortage and once a week thereafter as notice to
all users of the water shor~, ge ~t~ the declaration is
rescinded
2. Motice to permittees: The Board shall notify each affected
permittee in the County by regular mail of any change in
or suspension of his permit, or any other restriction of
his use of water for the duration of the water zhortage.
Review of orders: Orders d~claring a water shortage shall
be final after review by the Board.
Emergency Due to Water Shortage.
1.
Decl~ara.t,.iqn of_emergency due to water shortage: If an
emergency exists due to water shortage within any area of
Collier CountY, and the Board finds that the water shortage
'plan is not sufficient to protect the public health, safety,
welfare and utility, the health of animals, fish or
aquatic life,~a public water supply, or recreational,
commercial, industrial, agricultural, or other reasonable
use, the Board may declare a water shortage emergency.
2. Ftme~rgency powe..rs.: Under a declaration of an emergency due
to water shortage, the County l,~.anager may impose the
provisions and restrictions above and be guided by the
standard of public interest detailed above.
3. Compliance .and.....c!~allen~e to orders: A party affected by
an. emergency order shall comply immediately, but may
challeng? such order.
Procedures Under Emergency Due to Water Shortage.
1. Publicatio~ of notice: Publication of notice of an
emerg{=ncy due to water shortage shall be in accordance
with ,'aragraph ,~2.10 (1) above. '
2.13
2. l~otice tO ~r~aittoeS: The County Manager shall
notify each affected pormittee by regular mail o~ any
change' or suspension of his pnrmit, or any other restric-
tion.on his use'for the duration of the emergency dua to
water shortage. The County Manager may provide notice
by anotker means reasonable under the circumstances if
such notice is confirmed by regular mail.
Existing Permits.
Any user ho~d{.ng a permit or permit agreement for the use of
water, execute~ or issued by ~he Board prior ~o July 1, 1973
shall request the County, in writing, to convert such permit to
a permit under this ordinance. Failure to request such a
conversion within two (2) years from the effective date of
the imDlementation of these regulations shall be conclusive
grounds for cancellation of the existing permit.
ARTICLE III
ENFORCEMENT & STORAGE PROCEDURES
3.01
3.02
3.03
General~. Unlawful..
It shall be unlawful, unless expressly exempted, to construct,
alter, operate, maintain, or abandon any dam, impoundment,
reservoir, appurtenant work or works in Collier County without
first obtaining a permit as required by this ordinance.
The Board and its agents have the authority to enter upon
private property during respectable hours to inspect surface
water works. The Board has authority to make repairs, if the
owner fails to do so within a reasonable time, and cause the
cost to become a lien upon the property and collected as taxes.
Exemptions.
1. This ordinance shall not'be construed ko affect the
~ight of any natural person to capture, contain, discharge,
or use water for purposes permitted by law, ko affect the
right of any person engagod in tho occupation of agriculture,
floriculture, or'hgrticulture to alter topography
consistent with such occupation if the alteration is not
primarily to impound or obstruct surface waker or change
a water level. ''
2. This article does not apply to.construction, operotion,
maintenance, or abandonment of a'closed system as defined
hereinabove. Articl~ II applies to the taking and
discharging of water for filling, replenishing, and
maintaining the water level in a closed system.
Permits for Construction or A].teration~ Unlawful.
1. Unless expressly exempted by'law, it shall be unlawful for'
any person:
3.04
(a) to construct or altcr any dam, impoundment, reservoir
or appurtenant works thereof where such impoundment.
is located on a surface watercourse or relies on a
surface watercourse for its supply or such impound-
ment is grea~er than 320 acres in area, without a
permit from the Board.
ib) to construct or alter any works, as defined herein-
above, within Collier County without first obtaining
a permit from the Board if the County by rule or
regulation so requires.
2. Application for a permit ~hall contain the following
information~
(a) names and addresses of the applicant, the person
to construct the work, the owner(s} of the land'
upon which the construction is to be made and a
legal description of such land;
(b) location and general purpose of the work With plans
and specificiat%ons. When required by the County
such plans and specifications shall be prepared
and certified by a Professional Engineer registered
by the State of Florida;
(c) other related information ~he Board requires.
3. The board may impose reasonable conditions as necessary
to assure that the construction or alteration will not
be harmful to water resources.
Notice and Hearin~ Requirements.
1. Within thirty (30) days after receipt of an application for
a permit, if the impounded or diverted waters will exceed
six hundred forty (640) acres in'the area, the Board shall
cause notice thereof to be published and a hearing shall be
held prior to final ac~io~ by the Board on the application.
2. If no substantial objection is received, the Board may
without a hearing approve~an application for a permit if
the impounded oz diverted waters will no~ exceed six
hundred forty (640) acres in area.
3.05
3.06
3.07
Completion Report·
Within thirty .(30) days after.~the.completion of construction, or
alteration of any dam, impoundment, reservoir, appurtenant· work
or works for which a permit is granted by the Board, the
permittee shall file with the'County'Engineer, a written
statement of completion.
Inspections.
During the construction or alteration of a dam, impoundment,
reservoir, appurtenant work or works, the Board may cause
to be made at its expense ~uch periodic inspections as it
deems necessary.
If work is contrary to the approved plans and specifications,
the Board shall give the permittee written notice stating
the .particulars not in compliance and shall order i~edia%e
compliance. Failure to comply shall result in permit
revocation proceedings.
Upon completion of the work the County Engineer shall
inspect dams, reservoirs, impoundments, appurtenant work
or works annually, or more frequently if necessary. It
shall be unlawful to refuse, deny or obstruct immediate
entry or access by an authorized representative of the
Board to conduct inspections.
Permits for Operation or Maintenance, Unlawful.
1. It shall be unlawful for any person to operate or maintain
any works, dam, impoundment, reservoir or appurt6nant
works if located on a surface watercoorse or dependent
on a surface watercourse for water supply or if comprising
an area greater than 320 acres without first obtaining %
permit in accordance with this section unless exp:-essly
exempted.
2. Applications for an operation or maintenance permit shall
be filed with the County .Z~gine'er.
3. The Board may include permit conditiOns necessary to assure
.'
3.08
3.09
that the operation or maintenance is co[~sistent with
Couhty and State lawn and policies concerning Water Resources.
4. A permit may be transferred to a grante~ of a dam,
impoundment, reservoir, appurtenant work, or works or the
land on which the same is located, if the use remains the
same and the person granted the permit notifies the Board
of the change of ownership within thirty (30) days after
the transfer.
~ad~ates! Va.~v~.a~d Measuring Devices Required.
1. The owner of a dam, impoundment, reservoir, appurtenant
work or works shall, unless determined by the Board to
be unnecessary:
(a) install and maintain a serviceable he~dgate or
valve at the point where the water is discharged
or diverted,
(b) install a water discharge or diversion measuring
device to the specifications, and locate~ ~t the
point approved b~'the Board.
2. If the owner fails to construct or install such headgate,
valve' or such measuring d~vice within sixty (60) days
after the Board has ordered, the Board shall cause such
installation and the cost shall become a lien against the
owner's land and collected as taxes or otherwise as
provided by law.
3. It shall be unlawful for any person to cause a measuring
device to register other than the quantity of water
diverted,, discharged or taken.
~bandonment~. Permit..Require~,._Unla~ful.
1. It shall be unlawful for any person to abandon any dam,
impoundment, reservoir, or appurtenant work located on a
surface watercourse or dependent upon a surface watercourse
for ~ater supply or if comprising an area greater than
'32~ acres with6ut first obtaining a permit in'accordance
with'thi~'secticn unless expressly exempted.
3.10
2. Applications for an abandonment permit shall be filed with
the County Engineers. :.
3. The Board may include Pormit conditions'necessary to assure
that the abandonment is conzistent with County and State .
laws and policies concerning water resources.
4. (a) If the Board determines that a dam, impoundment,
reservoir, appurtenant work or works is not used
or maintained under the authority of the owner for
a period of three (3) years or more, it shall be
presumed that the owner has abandoned and dedicated
the facility to the public.
(b) This subsection shall n6t apply to a permitted dam,
impoundment, reservoir, appurtenant work or works
owned or directly controlled by the State.
Revocation and Modification of Permits.
1. The Board may revoke or modify a permit after a hearing
if the Board determines that a. dam, impoundment, reservoir,
appurtenant work or wor~s is a danger to the public health,
'safety, welfare or utility or if its operation is
inconsistent with County or State laws and policies
concerning water resources.
2. Prior to revocation or modification the Board shall produce
written notice by registered or certified mail to parties
it determines to be directly affected, with a statement
of the re~sons the permit may be revoked or modified. A
directly affected party may fi~e a written petition for
a hearing no later than ten (10)' days after the notice
is served.
3. If the County Manager determines that the danger to the
public is imminent, he may order a temporary suspension of
the construction, alteration or operation of the works
'until the hearing is concluded.
3.1.1
3.12.
3.13
3.14
Declaring and Abatement on Muisance Works.
Any J/am, 'impoun{~ent, reservoir, appurtenant work or works in
visitation of the laws of this St~{ie, this ordinance or any
standard, regulation, or orders of the Board, or condition of
a permit shall be deemed a public nuisance. Operation of such
dam, impoundment, rehervo].r, appurtenant work or works may be
enjoined by the Board, or any citizen. The Board shall be a
necessary party to any such suit.
Remedi'a~ Measures Reqq~red, U~lawful.
Based upon an inspection, the Board.may determine end order the
owners of a dam, impoundment, reservoir, appurtenant work or
works to make alterations and repairs to be made within a
reasonable time certain. The owner may file a written petition
for a hearing before the Board within ten (10) days after the
order is served· If the owner fails to make the specified
alterations or repairs within thirty (30) days, the Board may
cause such alterations or repairs to be made and the' cost,
including interest' and attorny fees, shall become a lien against
the property until the Board is reimbursed.
Emer9en.cy Authorization to Construct Works.
1. Authorization to begin construction of works prior to issue
of a permit may be applied for, in writing, when emergency
conditions justify.. No such permission shall be granted
unless the construction of the works is already under
consideraton for a permit under Paragraph 3.03(1) hereinabove.
2. The County Manager may grant emergency authorization.
However, a serious set of unforeseeable and unforeseen
circumstances must exist to create an emergency. Mere
carelessness or lack' of planning.on the part of the.applicant
shall not be sufficie~t grounds to warrant the granting of
emergency authoriza~ion'.
Emer.gency Measures.
1. If any dam, impoundment, reservoir, appurtenant wor~ or
works is hazardcus to' safety of life or property and time
does not permit to issue and enforce an order to maintain
or operate; or if imminent floods threaten the safety of
any dam, impoundment, reservoir, appurtenant work or works,
the Board shall take immediate remedial action necessary
to prote~t the. public health, safety or welfare.
In using the emergency powers provided by this. section, the
County Manager may take ~he following action:
(a) lower water levels by releasing water from any
impoundment or reservoir;
(b) empty impoundments'a~d reservoirs;
(c) other action the Board determines necessary to
safeguard life and property.
The County Manager shall exercise control of such dams,
impoundments, reservoirs, and appurtenant works until
rendered safe or the emergency ceases.
.SECTION TWO
Penalty. A violation of any provision of this Ordinance is a
misdemeanor and shall be prosecuted in the name of the State in the
County Cburt by the Prosecuting Attorney, and upon conviction shall
be punished by a fine not to exceed $500.00 or by imprisonmeht in
the County Jail not to exceed 60 days, or by both 'such fine and
imprisonment. Each violation and each day a violation continues
shall constitute a separate offense. The Board of County Commissior. ers
shall have the power to collaterally enforce the provisions of this
Ordinance by appropriate Judicial Writ or proceeding no~,ithstanding
any prosecution as a misdemeanor.
ConE~Lct. In t:he event thi~ Ordinanco conflicts wit:h any oth~:r
Ocdin~,nce of Co.~lier Counhy .)r othur a~E, iJ.c~,bl~ law, the more restrictive
shall apply.
If any portion of t:hJ.:~ Ordinance is in conflict
with an Ordinance of any municipality within
Collier County, it shall no% be effective within
tho *municipality to %ho extent of such conflict .
Severance. If any phrase or portion of %his O~dinance is for any
reason% he].d inv~lid or unconstitutional by any court of competent
jurisdiction, such portiop shall be doemed a separate, distinct and
indcp~ndent provision and such holding shall not ~ffoct the validity
of tho remaining portion.
Liberal Cons%ruction. The provisions of this Ordinance shall
be libcra'ily construed' to effectively carry out it~ purposes in the
internist of the public health, safety, welfare and convenienco.
EffectLve Date. This Ordinance shall take effect upon receipt
notice that it has been filed with thm Secretary of State..
Dated: Dec;ember 23, 1974
BOARD OF COUNTY CO~5~ISSIO~IERS
COLLIER COU~TY, FLORIDA
ATTEST:
MARGARET T. SCOTT
Clerk of Circuit Court
Deputy Clerk
Th6maS p. Archer
Chairman
· '~,~,~. Approved as to form and legality:
·~ ~..'::J~,'"C.J". .
." "L~I,~': , . Davi~ Emerson Bruner
· - ·
.~~...~, ... Collier County Attorney