Title: Memorandum on State Water Policy
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Permanent Link: http://ufdc.ufl.edu/UF00051083/00001
 Material Information
Title: Memorandum on State Water Policy
Alternate Title: Memorandum on State Water Policy adding new section (5) to Rule 17-40.04.
Physical Description: 4p.
Language: English
Publication Date: March 26, 1981
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 2, Folder 3B ( STATE WATER POLICY ), Item 73
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051083
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text




Possible Alternative

A more suitable approach to setting forth landowners' rights
would be to include a provision which more accurately tracts
the law such as:

(5) In implementing a consumptive use permitting
program, the Department and District shall
recognize the rights of overlying property
owners to make consumptive uses of underlying
ground waters for reasonable-beheficial purposes
consistent with the Water Resources Act.








In implementing a consumptive use permitting program

the department and districts shall recognize the rights of

property owners to make a reasonable-beneficial use of both

adjacent surface waters and underlying ground waters.

















In implementing consumptive use permitting programs,
Sthe Department and Districts shall recognize the rights
of property owners to make consumptive uses of underlying
A ground water and of adjacent surface water for reasonable-
"beneficial purposes, rn iK" i .. .........Mi.n..- ll I. p Hi n


o .














In implementing consumptive use permitting programs,

the Department and Districts shall recognize the rights of

property owners to make consumptive uses of underlying

ground water and of adjacent surface water for reasonable-

beneficial purposes.











17-40.04


(5) In implementing A consumptive use permitting programS

the Department and District"shall recognize the rights of ths

owners to make consumptive useof a

portie of hoe surface waters irth thc Dc tmcnan-



reper-t i own-or ...th-make--a-fconswpI-jie-use-o-an equiame.
-portie-of--the-unierying -groundr wa ter-s.-








LAW OFFICES
BLAIN & CONE, P. A.


L. M. BLAIN 202 MADISON STREET
THOMAS E. CONE, JR. P. O. BOX 399
RUSSELL M. BLAIN TAMPA, FLORIDA 33601
GARY A. GIBBONS (813) 223-3888
FRED A. McCORMACK March 26, 1981
206 SOUTH MONROE STREET
P. 0. BOX 10449
TALLAHASSEE, FLORIDA 32301
(904) 222-0960


REPLY TO:Tampa office





MEMORANDUM

To: Mr. Bruce A. Samson
From: L. 4. Blain
Re: State Water Policy


On Page 5 of the draft, at the end of Rule 17-40.04, add a
new section (5) to read:

(5) In implementing consumptive use permitting
programs, the Department and Districts shall
recognize the rights of property owners to
make consumptive uses of underlying ground-
water and of adjacent surface water for
reasonable-beneficial purposes.

This will probably be offered as a substitute for the earlier
proposal on behalf of agriculture. I think it is consistent
with current Florida law and with SWFWMD rules and permitting
practices.












LMB/sb





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