1. Water Law and Management
Perspectives from the U.S.

2. Water Law in the U.S. Water “Use” Water “Pollution” (Point Source)
SW or GW withdrawals for agriculture, public water supply, industry
Regulated under state law
Water “Pollution” (Point Source)
Wastewater and industrial discharges
Regualted by EPA under Federal Clean Water Act (CWA)
Water “Pollution” (Non-Point Source)
Agricultural and urban rainwater runoff
Safety of drinking Water
Quality of public water supply
Regulated by EPA under Federal Safe Drinking Water Act (SDWA)

3. Water Use Permits - Issued by States
Federal SDWA standards
Human Safety
Federal CWA standards
Water quality standards based on use of waterbody
Technological based standard based on feasibility
Wastewater at least secondary treatment
Utility
Public Water Supply
Industry
Agriculture
Wastewater Treatment

5. Water Use Permit
SDWA Standards
CWA Permit

6. Water Use Legal Systems
United States
Haiti
Derived from British law
Common Law
Judge-made
Evolves over time
Derived from Napoleonic Code
Civil Law
Code-based

7. Historic Roots of US Water Allocation Law
Evolved through court cases in different parts of the US
Western US (arid)
Prior appropriation doctrine
“First in time, first in right”
Eastern US (wetter)
Riparian Doctrine
Right to use water attached to land that abuts watercourses

8. Florida’s Regulated Riparianism
Florida Water Resources Act of 1972
Permit establishes right to use water
Hybrid of riparian and prior appropriation doctrines

9. Jurisdiction Based on Watershed Boundaries not Political Boundaries

10. Water Management District Regulatory and Non-Regulatory Activities
Research Education
Data Collection Restoration
Planning Land Acquisition
Regulation Land Management

11. Florida Water Use Permitting
Significant water users require permits (Agricultural, public supply, commercial, and industrial users)
Standard for Obtaining a Permit:
Reasonable Beneficial use
Not interfere with other existing legal uses
Consistent with the public interest

12. GOALS OF FLORIDA WATER USE PROGRAM
Allocates use of water for reasonable-beneficial purposes
Protects public interest
Forum to resolve water use conflicts
Give users certainty about water rights

13. REASONABLE-BENEFICIAL CRITERIA
Quantity must be necessary
Source must be able to produce requested amount
No unacceptable environmental or economic harm
Available water conservation measures
Available reclaimed water
Lowest acceptable water quality source
No significant saline water intrusion
No flooding
No serious harm to water quality of source or receiving water
Meets minimum flow/level
Must monitor and measure use

14. ENVIRONMENTAL RESOURCE PERMITTING
Most real property development activity requires permitting
Residential, agricultural, commercial, industrial projects

15. ERP Permitting Criteria
Water Quantity
Water Quality
Wetlands/Riparian Zones

16. Quality and Quantity

17. Wetland Functions Water filtration and purification Flood control
Erosion control
Groundwater recharge
Wildlife habitat