How does groundwater law regulate inter-basin transfers?
Water law in Florida regulates the use and allocation of water resources, including groundwater. Groundwater law in Florida establishes the rights of landowners to the use of the underground water of the state. Under Florida law, no person can lower the level of a water table or otherwise injure the rights of others to the use of the underground water with impunity. As part of the comprehensive effort to conserve and manage groundwater resources, Florida law also regulates the transfer of groundwater from one area to another (called an inter-basin transfer). An inter-basin transfer of groundwater is the transfer of water from groundwater aquifers of one region or basin to another region or basin. Under the existing Florida law, an inter-basin transfer of groundwater must meet certain standards. One of these standards is that the transfer must not cause significant damage to the water resources in the receiving area. The transfer must be beneficial to the receiving area or area of origin, and must not be detrimental in any way. Additionally, the transfer must be approved by the local water management district as meeting the standards in the applicable Florida statutes. Furthermore, the law requires that the local government of the receiving area receive notice and an opportunity to be heard regarding the proposed transfer. Additionally, the requesting local government must give notice to the local governments in both the sending and receiving areas that an inter-basin transfer of groundwater is planned. Overall, Florida law regulates inter-basin transfers of groundwater in order to protect the water resources of the state.
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