(1) The owner of any dam, impoundment, reservoir, appurtenant work, or works subject to this chapter may be required, after notice and hearing by the Governing Board, to install and maintain a substantial and serviceable headgate or valve at the point where the water is discharged or diverted, and shall, if required by the Governing Board, install a measuring device which will adequately measure the water at a point designated by the Governing Board for the purpose of investigating any effects of the structure.
    (2) If any owner shall not have constructed or installed such headgate, valve, or such measuring device within 60 days after the Governing Board has ordered its construction, the Governing Board shall have constructed or installed such headgate, valve, or measuring device, and the costs of installing the headgate, valve, or measuring device shall be a lien against the owner’s land upon which such installation takes place until the Governing Board is reimbursed, with reasonable interest and attorney’s fees, for its costs.
    (3) No person shall alter or tamper with a measuring device so as to cause it to register other than the actual amount of water diverted, discharged, or taken.
    (4) For the purpose of safety and maintenance, any new dams, impoundments, or appurtenant works meeting the requirements of Fl. Admin. Code R. 40A-44.041, shall be required to have installed and maintained a substantial and serviceable headgate or valve at the point where the water is diverted or discharged.
Rulemaking Authority 373.044, 373.113, 373.418, 373.436 FS. Law Implemented 373.409, 373.436 FS. History-New 10-1-84, Amended 8-6-13.