FloridaLaw establishes Headwaters water district and assigns canal upkeep
The law establishes a landowner-governed water district in Indian River County and assigns it and the Fellsmere district duties for maintaining canals.
What it does
The law establishes the Headwaters Water Control District as a public corporation covering about 19,691 acres in Indian River County, with a five-member board elected by landowners.
The law assigns canal upkeep between Headwaters and Fellsmere, including all of Lateral U Canal for Headwaters and the Park Lateral Canal for Fellsmere.
The districts must adopt a shared canal plan by October 1, 2027. If one fails to maintain a canal, the other may give notice, do needed work, and seek repayment.
Argument forAssigning canal upkeep and allowing access for repairs could help the districts keep drainage routes working when maintenance is needed.
Argument againstCanal disputes could bring extra costs for both districts: they split hearing costs, and each pays its own legal fees even if it loses.
More detail
The law establishes the Headwaters Water Control District as an independent public corporation, with a five-member board elected by landowners. The district covers about 19,691 acres in Indian River County, Florida. Landowners vote based on acreage: owners with less than one acre get one vote, and larger owners get votes under the acreage rules in the law. The law takes effect on the same date as HB 4093 or similar legislation, if that legislation takes effect in the same session or an extension and becomes law.
Headwaters is responsible for maintaining all of Lateral U Canal and a one-mile stretch of the Main Canal; Fellsmere maintains the rest of the Main Canal and the Park Lateral Canal within its boundary. The one-mile Main Canal stretch runs east from the centerline of Lateral U Canal within the Fellsmere district boundary. Canals must be maintained to the service level in the 2017 Fellsmere Water Control District plan, as amended. Headwaters keeps historic drainage rights through Park Lateral Canal and may use the full Main Canal for purposes allowed by law.
The districts must work together on a water management plan and may seek corrective work and repayment if the other district fails to maintain a canal as required. These rules apply to Headwaters and Fellsmere when they manage or maintain the named canals. The plan must cover emergencies and other uses consistent with the system's original permitted design. Before corrective work, the district seeking it must give at least 30 days' written notice and allow time to fix the problem. In an emergency, it must give notice by phone and email before starting work. The shared water management plan must be adopted by October 1, 2027.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jul 1Chapter No. 2026-224; Companion bill(s) passed, see CS/HB 4093 (Ch. 2026-223)Latest
- Jun 8Approved by Governor Ron DeSantisBecame Law
- May 27Signed by Officers and presented to GovernorTo Governor
- Mar 11Ordered enrolledMinor
- Vote recorded Local Bills, Third Reading. Result: pass.Upper
- Mar 11In Messages
- Mar 11CS passed; YEAS 36 NAYS 0Passed Senate
- Mar 11Read 3rd timeMinor
- Mar 11Read 2nd timeMinor
- Mar 11Placed on Calendar, on 2nd reading
- Mar 11Withdrawn from RulesMajor
- Mar 9Placed on Local Calendar, 03/11/26
- Mar 3ReceivedMinor
- Vote recorded Passage, Third Reading. Result: pass.Lower
- Mar 3Referred to RulesMinor
- Mar 3In Messages
- Mar 3CS passed; YEAS 110, NAYS 0Passed House
- Mar 3Read 3rd timeMinor
- Mar 3Added to Third Reading Calendar
- Mar 3Read 2nd timeMinor
- Feb 26Bill added to Special Order Calendar (3/3/2026)
- Feb 26Added to Second Reading Calendar
- Feb 251st Reading (Committee Substitute 2)Minor
- Feb 25Bill referred to House Calendar
- Feb 24CS FiledMinor
- Vote recorded Favorable With Committee Substitute (State Affairs Committee). Result: pass.Lower
- Feb 24Laid on Table under Rule 7.18(a)Minor
- Feb 24Reported out of State Affairs Committee
- Feb 24Favorable with CS by State Affairs CommitteeMinor
- Feb 20Added to State Affairs Committee agenda
- Feb 131st Reading (Committee Substitute 1)Minor
- Feb 13Now in State Affairs Committee
- Feb 13Referred to State Affairs CommitteeMinor
- Feb 13CS FiledMinor
- Feb 13Laid on Table under Rule 7.18(a)Minor
- Feb 12Reported out of Intergovernmental Affairs Subcommittee
- Vote recorded Favorable With Committee Substitute (Intergovernmental Affairs Subcommittee). Result: pass.Lower
- Feb 12Favorable with CS by Intergovernmental Affairs SubcommitteeMinor
- Feb 10Added to Intergovernmental Affairs Subcommittee agenda
- Jan 15Now in Intergovernmental Affairs Subcommittee
- Jan 15Referred to State Affairs CommitteeMinor
- Jan 15Referred to Intergovernmental Affairs SubcommitteeMinor
- Jan 131st Reading (Original Filed Version)Minor
- Jan 9FiledIntroduced
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