Title: Memorandum outlining discussions at a workshop sponsored by DER
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00052896/00001
 Material Information
Title: Memorandum outlining discussions at a workshop sponsored by DER
Alternate Title: Memorandum outlining discussions at a workshop sponsored by DER on the State Water Policy and property rights in the use of water, and requesting responses both affirmative and negative for preparation of a proposal to be discussed at a second public work
Physical Description: Book
Language: English
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 5, Folder 25 ( SF STATE WATER POLICY - VOL. III ), Item 12
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052896
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

July 9, 1981


TO: WILLIAM C. TATUM, Executive Director
FROM: MARCIA K. PENMAN, Acting Interagency Coordinator
RE: State Water Policy Public Workshop

On July 7, 1981, Buddy Blain and I attended a public workshop sponsored by
the Department of Environmental Regulation. The purpose of the workshop was
to discuss whether the Department should include in the State Water Policy a
statement concerning property rights in the use of water. In attendance were
representatives of water management districts, agricultural interests, in-
dustrial interests, Pasco County, Pinellas County, and St. Petersburg as well
as Representative Chuck Smith. Secretary Tschinkel chaired the meeting.

Proponents of such a statement were provided with an opportunity to present
information as to why such a statement should be Included. The major issue
appears to be whether an applicant's status as a landowner will have any bear-
ing in the analysis of a consumptive use permit application. Proponents feel
that current laws and rules are ambiguous on this matter, and that a statement
can clarify the issue. The proponents would also like to be assured of protec-
tion from damaging effects of withdrawals by others.
Representative Smith agreed with the philosophy of such a statement: he would
like to see property owners be given preferential consideration in considera-
tion of consumptive use permit applications.
The representatives from Pasco County expressed their opinions regarding the
need to include statements) in the policy that will assure that water resources
will be used to meet local needs before being utilized for the needs of more
distant users.

Tom Brown, representing Suwannee River Water Management District, suggested the
following amendments to the proposed wording:
(5) In implementing consumptive use permitting programs, the department
and districts shall recognize the rights of property owners and
users, as limited by law, to make consumptive uses of geumd water
Wfrm their land for reasonable-beneficial uses in a manner consistent
with the public interest that will not Interfere with any presently
existing legal uses of water.
S--The- department-mewd-eds4ste -hats-s -eefnt*flaRUy-sfeek-t4-ma*Rnta
afl-affeete4d-persne-ns--a-mtaer-eePns-*tet-wth-the-Opubie- 4terest,

Secretary Tschlnkel said that she would like to lay out the following course of
action prior to making any moves for adoption of a policy statements

______ _____________________ __________________________________

William C. Tatum July 9, 1981
Memorandum Page Two

1. People who feel strongly for or against such a statement should
prepare a preliminary brief to be submitted to her within the
next two weeks. The brief should include proposed wording of a
statement; a listing of statutory authority; description of the
anticipated effects of the proposal; and information that may be
contained in the Environmental Impact Statement which would be
required for rule adoption.
2. A second public workshop will be held on September 29 to provide
a forum for further discussion of the issue,
a. More detailed legal briefs should be submitted to the
secretary at least three weeks prior to the September 29
meeting. If she does not have more written documenta-
tion by that time, she will cancel the meeting.

b. Prior to the September 29 meeting, the District Governing
Boards should be spending more time on discussion of the
issue; proponents and opponents of the property rights
policy should be provided some time to discuss their views
with the Governing Boards.

I will, of course, keep you informed of any further developments.


cc: L. M. Blain V
J. T. Ahem
,. E. Curren
G. W. Kuhl


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