{"id":430,"title":{"rendered":"Water Scarcity and Bottled Water: A Recommendation for Florida\u2019s Water Policy"},"content":{"rendered":"

\r\nMichael Spoliansky1<\/a> <\/span><\/sup><\/p>\r\n\r\n\r\n

<\/a>The State of Florida has an abundance of water including several bountiful aquifers, fifty thousand miles of rivers and streams, seventy-eight hundred lakes, eleven million acres of wetlands, and seven hundred springs.11<\/a> <\/span><\/sup> Hydrologists believe that the Florida aquifers contain more than a quadrillion gallons of fresh groundwater.<\/q>12<\/a> <\/span><\/sup> Florida is separated into five distinct water management districts, each responsible for issuing or denying permits within their respective geographical region.16<\/a> <\/span><\/sup> The United States Geological Survey estimates that only one percent of all of the water on earth is available fresh drinking water.22<\/a> <\/span><\/sup> As the world\u2019s population rose from 2.5 billion in 1950 to 6.8 billion in 2009, the global renewable water supply \u2026 declined by 63 percent.<\/q>23<\/a> <\/span><\/sup><\/p>\r\n\r\n\r\n

<\/a>The National Intelligence Council published its 2012 report on Global Water Scarcity and found that:<\/p>\r\n\r\n

\r\nAn estimated 99 percent of the Earth\u2019s accessible fresh water is found in aquifers, and about 2 billion people rely on groundwater as their sole source of water. Some groundwater is located in aquifers that are not renewable (fossil aquifers); in other cases, water extraction from aquifers exceeds the replenishment rate. Certain groundwater systems need multiple centuries to replenish. Total annual overdrafts from aquifers around the world are probably double the annual flow of the Nile River.28<\/a> <\/span><\/sup> The lake is supplied by the Colorado River and is capable of storing the entire average flow of the Colorado River for two years.<\/q>43<\/a> <\/span><\/sup> Unfortunately, despite attempts to properly maintain Lake Mead\u2019s water levels, it is currently the lowest it has ever been due to a prolonged drought in the region. 44<\/a> <\/span><\/sup> Instead, society is asked to pay for their groundwater loss, the toxic emissions associated with plastic production and destruction, pollution associated with the added product transportation, and also the disposal of empty bottles.49<\/a> <\/span><\/sup> Making the plastic for all those bottles and transporting the finished product over hundreds or thousands of miles consumes energy, pollutes the environment, and contributes to global warming.<\/q>50<\/a> <\/span><\/sup><\/p>\r\n\r\n\r\n

<\/a>Removal of the water resource itself isn\u2019t what causes the most severe environmental impacts, it is the plastic bottle that harnesses the water within that is controversial. Ninety-six percent of all of bottled water is sold in bottles that are made of the plastic polyethylene (PET).51<\/a> <\/span><\/sup> Yet, Americans continue to purchase plastic water bottles to the tune of over thirty billion bottles each year.55<\/a> <\/span><\/sup> In the end, many plastic bottles will be incinerated, releas[ing] toxic byproducts such as chlorine gas and ash laden with heavy metals.<\/q>58<\/a> <\/span><\/sup><\/p>\r\n\r\n\r\n

<\/a>The production of plastic bottles is only one part of the chain of environmental problems caused by the bottled water industry. After the bottle is produced and filled with water, it then needs to be transported to the consumer who may be anywhere from a few miles away, to a few thousand miles away. The amount of energy it takes to move water can be extensive because water weighs one metric ton per cubic meter.59<\/a> <\/span><\/sup> such as wells, management and storage of surface waters, and consumptive uses of water. Each individual district has specific criteria detailing the types of activities that require permits, the contents of permit applications, the procedures that surround submission of an application, and areas specifically exempted from permitting requirements.<\/q>72<\/a> <\/span><\/sup> While the WMDs have specific authority to regulate water use within their area, such authority is not unlimited. WMDs are mainly responsible for permitting, and in doing so are to follow the Florida Surface Water Quality Plan as prepared by the FDEP.73<\/a> <\/span><\/sup> The plan\u2019s purpose is to recognize various interests competing for water-use rights and to allocate for these rights while retaining reasonable water quality and quantity control, thus promoting the goals of environmental protection, proper drainage, flood control, water storage, and ensuring a reliable water supply for Floridians in the future.<\/q>74<\/a> <\/span><\/sup> Additionally, [t]he Governor and State Cabinet, sitting as the Land and Water Adjudicatory Commission, have authority to review any order or rule of a WMD.<\/q><\/p>\r\n\r\n\r\n

<\/a>Before someone, who is not an individual user, can withdraw water from Florida\u2019s springs, aquifers, rivers, or wells, or other municipal sources, they are first required to obtain a CUP from their respective WMD. In harmony with the WRA of 1972, the FDEP\u2019s water resource implementation rules state that [n]o permit shall be granted to authorize the use of water unless the applicant establishes that the proposed use is a reasonable-beneficial use, will not interfere with presently existing legal uses of water, and is consistent with the public interest.<\/q>75<\/a> <\/span> 75 <\/span>Fla. Admin. Code Ann. r. 62-40.410(1)<\/a> (2006).<\/span><\/sup> To determine whether such use is a reasonable-beneficial use, the WMDs are to consider several factors:<\/p>\r\n\r\n

\r\n(a) The quantity of water requested for the use; (b) The demonstrated need for the use; (c) The suitability of the use to the source of water; (d) The purpose and value of the use; (e) The extent and amount of harm caused; (f) The practicality of mitigating any harm by adjusting the quantity or method of use; (g) Whether the impact of the withdrawal extends to land not owned or legally controlled by the user; (h) The method and efficiency of use; (i) Water conservation measures taken and available to be taken; (j) The feasibility of alternative sources such as reclaimed water, stormwater, aquifer storage and recovery, brackish water and salt water; (k) The present and projected demand for the source of water; (l) The long-term yield available from the source of water; (m) The extent of water quality degradation caused; (n) Whether the proposed use would cause or contribute to flood damage; (o) Whether the proposed use would significantly induce or increase saltwater intrusion; (p) The amount of water which can be withdrawn without causing harm to the resource; (q) Whether the proposed use would adversely affect public health; and (r) Whether the proposed use would significantly affect natural systems.76<\/a> <\/span> 76 <\/span>Fla. Admin. Code Ann. r. 62-40.410(2)(a)\u2013(r)<\/a> (2006) (emphasis added).<\/span><\/sup>\r\n<\/blockquote>\r\n\r\n

<\/a>For a bottled water company to obtain a permit, not only must it establish the aforementioned qualities, but if it is to transport water across county boundaries, it must show that it is consistent with the public interest.77<\/a> <\/span> 77 <\/span>Fla. Stat. \u00a7 373.223(3)<\/a> (2015).<\/span><\/sup> In making such a determination a WMD must consider the following:<\/p>\r\n\r\n

\r\n(a) The proximity of the proposed water source to the area of use or application. (b) All impoundments, streams, groundwater sources, or watercourses that are geographically closer to the area of use or application than the proposed source, and that are technically and economically feasible for the proposed transport and use. (c) All economically and technically feasible alternatives to the proposed source, including, but not limited to, desalination, conservation, reuse of nonpotable reclaimed water and stormwater, and aquifer storage and recovery. (d) The potential environmental impacts that may result from the transport and use of water from the proposed source, and the potential environmental impacts that may result from use of the other water sources identified in paragraphs (b) and (c). (e) Whether existing and reasonably anticipated sources of water and conservation efforts are adequate to supply water for existing legal uses and reasonably anticipated future needs of the water supply planning region in which the proposed water source is located. (f) Consultations with local governments affected by the proposed transport and use. (g) The value of the existing capital investment in water-related infrastructure made by the applicant.78<\/a> <\/span> 78 <\/span>Fla. Stat. \u00a7 373.223(3)(a)\u2013(g)<\/a> (2015) (emphasis added).<\/span><\/sup>\r\n<\/blockquote>\r\n\r\n

<\/a>As seen in the language above, WMDs are already required to consider the environmental impacts of the added transportation; however, they are not required to consider the impact that the plastic bottles will have on the environment. Additionally, even in the South Florida Water Management District (SFWMD), where environmental problems have existed for years, CUPs are rarely denied.79<\/a> <\/span> 79 <\/span>Ronald A. Christaldi, Sharing the Cup: A Proposal for the Allocation of Florida\u2019s Water Resources<\/cite>, 23 Fla. St. U. L. Rev. 1063, 1085<\/a> (1996).<\/span><\/sup><\/p>\r\n\r\n\r\n

<\/a>It is likely that CUPs, which have been issued, go directly against the State\u2019s water conservation goal to prevent and reduce wasteful, uneconomical, impractical, or unreasonable use of water resources.<\/q>80<\/a> <\/span> 80 <\/span>Fla. Stat. \u00a7 373.227<\/a> (2015).<\/span><\/sup> There is nothing more wasteful, uneconomical, impractical, or unreasonable than allowing a corporation to tap into a spring or aquifer and privatize and commoditize that resource.<\/p>\r\n\r\n\r\n

<\/a>It is the job of governments, as custodians of the public trust in water, to protect water resources for the public\u2019s benefit.81<\/a> <\/span> 81 <\/span>See Rosanne Gervasi Capeless, History of Florida Water Law: Tracing the Ebb and Flow of Florida\u2019s Public Trust Doctrine Through the Opinions of Justice James B. Whitfield<\/cite>, 9 J. Land Use & Envtl. L. 131<\/a> (1993). <\/span><\/sup> Allowing for bottled water companies to consume Florida\u2019s water resources, when the world faces an impending water shortage, is nothing short of a breach of the State\u2019s public trust obligations.82<\/a> <\/span> 82 <\/span>Kelly Samek, Unknown Quantity: The Bottled Water Industry and Florida\u2019s Springs<\/cite>, 19 J. Land Use & Envtl. L. 569, 570<\/a> (2004).<\/span><\/sup> After all, Florida\u2019s Constitution declares that the state\u2019s policy is to conserve and protect its natural resources and scenic beauty.<\/q>83<\/a> <\/span> 83 <\/span>Fla. Const. art. X, \u00a7 11<\/a>; Fla. Const. art. II, \u00a7 7<\/a>.<\/span><\/sup> It is imperative that the FDEP and WMDs become more conscious of water scarcity and environmental issues caused by bottling water, so that they can adopt a policy that is more in line with the state\u2019s conservation goals, while ensuring an abundance of the future supply of fresh water for Floridians.<\/p>\r\n\r\n

\r\n<\/a>Proposed Statutory Scheme\r\n<\/h3>\r\n\r\n

<\/a>Although the aforementioned regulatory scheme provides language which could be used by WMDs to limit exploitation of Florida\u2019s waters by water bottling companies, this has not been the case. To ensure adequate protection of Florida\u2019s water resource, the legislature should amend the WRA to remove any mention of bottled water being a valid use of Florida\u2019s water. By removing such language, the WMDs would no longer have the authority to issue new CUPs. However, those permits already issued would not be affected by simple removal of authority. The legislature should take it one step further to amend the WRA, by requiring WMDs to deny all CUPs for the bottling of water and also allow for the expiration of such permits without the possibility of being renewed. Alternatively, the FDEP, in compiling the Florida Surface Water Quality Plan, can call for the elimination of CUPs for bottling water. Doing so would protect the environment, water quality, and ensure adequate supply of water for the future of Floridians.<\/p>\r\n\r\n\r\n

<\/a>As it stands today, WMDs have broad authority to regulate the issuing of CUPs for water resources. Florida\u2019s Constitution, along with other legislatively enacted statutes, provides the requisite authority needed to preclude commercial exploitation of such resources. Unfortunately, the factors that WMDs should consider have not been effective. WMDs should no longer issue CUPs and should follow the public trust doctrine strictly, ensuring the protection of Florida\u2019s water for future generations.<\/p>\r\n\r\n

\r\n<\/a>V. Conclusion\r\n<\/h2>\r\n\r\n

<\/a>Addressing water scarcity issues and environmental concerns requires a proactive role in water management so that water is used productively and in an environmentally sustainable way. Additionally, in sustainably managing water resources, the FDEP should consider the overall environmental impacts of the bottled water industry, not just the environmental impacts that result from the added transportation of bottled water across county boundaries. Agencies should not only examine the increased air pollution from transportation, but they should also consider the impact that plastic bottles have on Florida\u2019s landfills and the pollution that is released when plastic bottles are incinerated.<\/p>\r\n\r\n\r\n

<\/a>When all of these factors are taken into account, Florida\u2019s WMDs along with the FDEP should be left with no other choice but to refuse the issuance of CUPs for the purposes of bottling water. To ensure that such a stringent policy is carried out, the Florida Legislature should amend the WRA and deny a WMDs\u2019 authority to grant CUPs for bottling water. Additionally, they should allow all current CUPs to expire without the possibility of being renewed. Only then will Florida\u2019s water resources be protected against privatization. After all, Florida\u2019s resources are held in trust for the benefit of its residents, and not for the benefit of those living outside of the state.<\/p>\r\n\r\n

Footnotes<\/h2>
1<\/a> <\/span>Michael Spoliansky<\/a> is a real estate attorney for Phelan Hallinan Diamond & Jones, PLLC. Mr. Spoliansky graduated from Barry University Dwayne O. Andreas School of Law in 2012.<\/div>
2<\/a> <\/span>Sandra Postel, Water: Adapting to a New Normal<\/cite>, Post Carbon Institute<\/a><\/span> (June 22, 2010).<\/div>
3<\/a> <\/span>How Much of the Ocean Have We Explored?<\/cite>, National Oceanic and Atmospheric Administration (NOAA)<\/span><\/a>.<\/div>
4<\/a> <\/span>Water Scarcity<\/cite>, United Nations Department of Economic and Social Affairs (UNDESA)<\/span><\/a>.<\/div>
5<\/a> <\/span>Brett Walton, National Security Assessment: Water Scarcity Disrupting U.S. and Three Continents<\/cite>, Circle of Blue<\/a><\/span> (April 3, 2012).<\/div>
6<\/a> <\/span>Sandra Postel, Water: Adapting to a New Normal<\/cite>, Post Carbon Institute<\/a><\/span> 9 (June 22, 2010).<\/div>
7<\/a> <\/span>Managing Water Under Uncertainty and Risk<\/cite>, 4 The United Nations World Water Development Report 52<\/span><\/a> (2012). <\/div>
8<\/a> <\/span>Global Bottled Water Market to Reach $279 Billion in 2020<\/cite>, Water Quality Products<\/a> <\/span>(January 19, 2015).<\/div>
9<\/a> <\/span>Andrew Postman, Truth About Tap<\/cite>, National Resources Defense Council<\/a><\/span> (January 5, 2016).<\/div>
10<\/a> <\/span>Take Back the Tap: Bottled Water Wastes Resources and Money<\/cite>, Food and Water Watch<\/a> (<\/span>June 2013).<\/span><\/div>
11<\/a> <\/span>Water Use in Florida, 2005 and Trends 1950\u20132005<\/cite>, U.S. Geological Survey<\/a> (<\/span>September 2008).<\/span><\/div>
12<\/a> <\/span>Debbie Salamone, Florida\u2019s Water Crisis: A Drying Oasis<\/cite>, Orlando Sentinel<\/a> <\/span>(March 3, 2002).<\/div>
13<\/a> <\/span>Debbie Salamone, Florida\u2019s Water Crisis: A Drying Oasis<\/cite>, Orlando Sentinel<\/a> <\/span>(March 3, 2002).<\/div>
14<\/a> <\/span>Fla. Stat. \u00a7 373.223<\/a> (2015).<\/div>
15<\/a> <\/span>E-Permitting<\/cite>, St. Johns River Water Management District<\/a>.<\/span><\/div>
16<\/a> <\/span>Fla. Stat. \u00a7 373.069<\/a> (2015).<\/div>
17<\/a> <\/span>Fla. Stat. \u00a7 373.026<\/a> (2015).<\/div>
18<\/a> <\/span>Fla. Const. art. X, \u00a7 11<\/a>.<\/div>
19<\/a> <\/span>Fla. Const. art. X, \u00a7 11<\/a>; Fla. Const. art. II, \u00a7 7<\/a>.<\/div>
20<\/a> <\/span>Sandra Postel, Water: Adapting to a New Normal<\/cite>, Post Carbon Institute<\/a><\/span> 3 (June 22, 2010).<\/div>
21<\/a> <\/span>The World\u2019s Water<\/cite>, United States Geological Survey<\/a> (<\/span>May 2, 2016).<\/span><\/div>
22<\/a> <\/span>The World\u2019s Water<\/cite>, United States Geological Survey<\/a> (<\/span>May 2, 2016).<\/span><\/div>
23<\/a> <\/span>Sandra Postel, Water: Adapting to a New Normal<\/cite>, Post Carbon Institute<\/a><\/span> 3\u20134 (June 22, 2010).<\/div>
24<\/a> <\/span>Sandra Postel, Water: Adapting to a New Normal<\/cite>, Post Carbon Institute<\/a><\/span> 3 (June 22, 2010).<\/div>
25<\/a> <\/span>Hydrologic Cycle<\/cite>, Encyclopedia.com<\/span><\/a> (2003).<\/div>
26<\/a> <\/span>Hydrologic Cycle<\/cite>, Encyclopedia.com<\/span><\/a> (2003).<\/div>
27<\/a> <\/span>The World\u2019s Water<\/cite>, United States Geological Survey<\/a><\/span> (May 2, 2016).<\/div>
28<\/a> <\/span>Global Water Security<\/cite>, National Intelligence Council<\/span><\/a> (February 2, 2012).<\/div>
29<\/a> <\/span>Global Trends 2015: A Dialogue About the Future with Nongovernment Experts<\/cite>, National Intelligence Council<\/span><\/a> (December 2, 2000).<\/div>
30<\/a> <\/span>Sandra Postel, Water: Adapting to a New Normal<\/cite>, Post Carbon Institute<\/a><\/span> 4 (June 22, 2010).<\/div>
31<\/a> <\/span>Managing Water Under Uncertainty and Risk<\/cite>, 4 The United Nations World Water Development Report 48<\/span><\/a> (2012).<\/div>
32<\/a> <\/span>Managing Water Under Uncertainty and Risk<\/cite>, 4 The United Nations World Water Development Report 48<\/span><\/a> (2012).<\/div>
33<\/a> <\/span>Managing Water Under Uncertainty and Risk<\/cite>, 4 The United Nations World Water Development Report 48<\/span><\/a> (2012).<\/div>
34<\/a> <\/span>Sandra Postel, Water: Adapting to a New Normal<\/cite>, Post Carbon Institute<\/a><\/span> 8 (June 22, 2010).<\/div>
35<\/a> <\/span>Global Trends 2015: A Dialogue About the Future with Nongovernment Experts<\/cite>, National Intelligence Council<\/span><\/a> (December 2, 2000).<\/div>
36<\/a> <\/span>Global Trends 2015: A Dialogue About the Future with Nongovernment Experts<\/cite>, National Intelligence Council<\/span><\/a> (December 2, 2000).<\/div>
37<\/a> <\/span>Global Trends 2015: A Dialogue About the Future with Nongovernment Experts<\/cite>, National Intelligence Council<\/span><\/a> (December 2, 2000).<\/div>
38<\/a> <\/span>The Growing Blue Tool<\/cite>, Growing Blue<\/a><\/span>.<\/div>
39<\/a> <\/span>Sandra Postel, Water: Adapting to a New Normal<\/cite>, Post Carbon Institute<\/a><\/span> 12 (June 22, 2010).<\/div>
40<\/a> <\/span>Sandra Postel, Water: Adapting to a New Normal<\/cite>, Post Carbon Institute<\/a><\/span> 4 (June 22, 2010).<\/div>
41<\/a> <\/span>Hoover Dam: No Power Without Water<\/cite>, Growing Blue<\/a><\/span> (April 1, 2011).<\/div>
42<\/a> <\/span>Lake Mead<\/a><\/cite>, Vegas.com.<\/span><\/div>
43<\/a> <\/span>Hoover Dam: Lake Mead FAQs<\/cite>, U.S. Department of the Interior<\/a>.<\/span><\/div>
44<\/a> <\/span>Elizabeth Goldbaum, Lake Mead\u2019s Water Sinks to Lowest Level Since 1930s<\/cite>, Live Science<\/a><\/span> (August 20, 2015).<\/div>
45<\/a> <\/span>Government Accountability Office, Freshwater Supply: States\u2019 Views of How Federal Agencies Could Help Them Meet the Challenges of Expected Shortages<\/cite>, GAO-03-514<\/a> at 8 (July 2003).<\/div>
46<\/a> <\/span>Why Restore the Everglades and Lake Okeechobee<\/cite>, Florida Department of Environmental Protection<\/a><\/span>.<\/div>
47<\/a> <\/span>Why Restore the Everglades and Lake Okeechobee<\/cite>, Florida Department of Environmental Protection<\/a><\/span>.<\/div>
48<\/a> <\/span>Take Back the Tap: Bottled Water Wastes Resources and Money<\/cite>, Food and Water Watch<\/a> 2 (<\/span>June 2013).<\/span><\/div>
49<\/a> <\/span>Take Back the Tap: Bottled Water Wastes Resources and Money<\/cite>, Food and Water Watch<\/a> 2 (<\/span>June 2013).<\/span><\/div>
50<\/a> <\/span>Take Back the Tap: Bottled Water Wastes Resources and Money<\/cite>, Food and Water Watch<\/a> 7 (<\/span>June 2013).<\/span><\/div>
51<\/a> <\/span>Jennifer Gitlitz & Pat Franklin, Water, Water Everywhere: The Growth of Non-carbonated Beverages in the United States<\/cite>, Container Recycling Institute<\/a> 4<\/span> (February 2007).<\/div>
52<\/a> <\/span>Jennifer Gitlitz & Pat Franklin, Water, Water Everywhere: The Growth of Non-carbonated Beverages in the United States<\/cite>, Container Recycling Institute<\/a> 4<\/span> (February 2007).<\/div>
53<\/a> <\/span>Jennifer Gitlitz & Pat Franklin, Water, Water Everywhere: The Growth of Non-carbonated Beverages in the United States<\/cite>, Container Recycling Institute<\/a> 4<\/span> (February 2007).<\/div>
54<\/a> <\/span>Take Back the Tap: Bottled Water Wastes Resources and Money<\/cite>, Food and Water Watch<\/a> 7 (<\/span>June 2013).<\/span><\/div>
55<\/a> <\/span>Norm Schriever, Plastic Water Bottles Causing Flood of Harm to Our Environment<\/cite>, Huffington Post<\/a><\/span> (July 29, 2013).<\/div>
56<\/a> <\/span>PET Water Bottle Recycling Rate Jumps Almost 20 Percent<\/cite>, Plastics News<\/a><\/span> (February 20, 2013).<\/div>
57<\/a> <\/span>Take Back the Tap: Bottled Water Wastes Resources and Money<\/cite>, Food and Water Watch<\/a> 7 (<\/span>June 2013).<\/span><\/div>
58<\/a> <\/span>Take Back the Tap: Bottled Water Wastes Resources and Money<\/cite>, Food and Water Watch<\/a> 7 (<\/span>June 2013).<\/span><\/div>
59<\/a> <\/span>P.H. Gleick & H.S. Cooley, Energy Implication of Bottled Water<\/cite>, 4 Environmental Research Letters 1, 4<\/a> (2009). <\/div>
60<\/a> <\/span>P.H. Gleick & H.S. Cooley, Energy Implication of Bottled Water<\/cite>, 4 Environmental Research Letters 1, 4<\/a> (2009). <\/div>
61<\/a> <\/span>P.H. Gleick & H.S. Cooley, Energy Implication of Bottled Water<\/cite>, 4 Environmental Research Letters 1, 4<\/a> (2009). <\/div>
62<\/a> <\/span>P.H. Gleick & H.S. Cooley, Energy Implication of Bottled Water<\/cite>, 4 Environmental Research Letters 1, 5<\/a> (2009). .<\/div>
63<\/a> <\/span>P.H. Gleick & H.S. Cooley, Energy Implication of Bottled Water<\/cite>, 4 Environmental Research Letters 1, 5<\/a> (2009). <\/div>
64<\/a> <\/span>Krisy Gashler, Thirst for Bottled Water Unleashes Flood of Environmental Concerns<\/cite>, USA Today<\/a><\/span> (June 7, 2008).<\/div>
65<\/a> <\/span>See Catherine Ferrier, Bottled Water: Understanding a Social Phenomenon<\/cite>, World Wildlife Fund<\/a> <\/span>(2001).<\/div>
66<\/a> <\/span>Fla. Stat. \u00a7 373.016(3)(a)<\/a> (1995).<\/div>
67<\/a> <\/span>Tatiana Borisova & Roy R. Carriker, Public Policy and Water in Florida<\/cite>, University of Florida, Institute of Food and Agricultural Sciences<\/a><\/span> (2008).<\/div>
68<\/a> <\/span>Fla. Stat. \u00a7 373.069<\/a> (2015).<\/div>
69<\/a> <\/span>Fla. Stat. \u00a7 373.026<\/a> (2015).<\/div>
70<\/a> <\/span>Fla. Stat. \u00a7 373.073(1)(a)<\/a> (2015).<\/div>
71<\/a> <\/span>Michael T. Olexa, Tatiana Borisova & Sean Crisafulli, Handbook of Florida Water Regulation: Water Management Districts<\/cite>, University of Florida, Institute of Food and Agricultural Sciences<\/a> <\/span>(April 2015).<\/span><\/div>
72<\/a> <\/span>Michael T. Olexa, Tatiana Borisova & Sean Crisafulli, Handbook of Florida Water Regulation: Water Management Districts<\/cite>, University of Florida, Institute of Food and Agricultural Sciences<\/a> <\/span>(April 2015).<\/span><\/div>
73<\/a> <\/span>Michael T. Olexa, Tatiana Borisova & Sean Crisafulli, Handbook of Florida Water Regulation: Water Management Districts<\/cite>, University of Florida, Institute of Food and Agricultural Sciences<\/a> <\/span>(April 2015).<\/span><\/div>
74<\/a> <\/span>Michael T. Olexa, Tatiana Borisova & Sean Crisafulli, Handbook of Florida Water Regulation: Water Management Districts<\/cite>, University of Florida, Institute of Food and Agricultural Sciences<\/a> <\/span>(April 2015).<\/span><\/div>
75<\/a> <\/span>Fla. Admin. Code Ann. r. 62-40.410(1)<\/a> (2006).<\/div>
76<\/a> <\/span>Fla. Admin. Code Ann. r. 62-40.410(2)(a)\u2013(r)<\/a> (2006) (emphasis added).<\/div>
77<\/a> <\/span>Fla. Stat. \u00a7 373.223(3)<\/a> (2015).<\/div>
78<\/a> <\/span>Fla. Stat. \u00a7 373.223(3)(a)\u2013(g)<\/a> (2015) (emphasis added).<\/div>
79<\/a> <\/span>Ronald A. Christaldi, Sharing the Cup: A Proposal for the Allocation of Florida\u2019s Water Resources<\/cite>, 23 Fla. St. U. L. Rev. 1063, 1085<\/a> (1996).<\/div>
80<\/a> <\/span>Fla. Stat. \u00a7 373.227<\/a> (2015).<\/div>
81<\/a> <\/span>See Rosanne Gervasi Capeless, History of Florida Water Law: Tracing the Ebb and Flow of Florida\u2019s Public Trust Doctrine Through the Opinions of Justice James B. Whitfield<\/cite>, 9 J. Land Use & Envtl. L. 131<\/a> (1993). <\/div>
82<\/a> <\/span>Kelly Samek, Unknown Quantity: The Bottled Water Industry and Florida\u2019s Springs<\/cite>, 19 J. Land Use & Envtl. L. 569, 570<\/a> (2004).<\/div>
83<\/a> <\/span>Fla. Const. art. X, \u00a7 11<\/a>; Fla. Const. art. II, \u00a7 7<\/a>.<\/div>\r\n","protected":false},"excerpt":{"rendered":"

Michael Spoliansky<\/p>\n","protected":false},"meta":{"_citation":"3 Stetson J. Advoc. & L. 104 (2016)","_first_para":104,"footnotes":""},"class_list":["post-430","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-15"]}