Title: Letter proposing to ask that specified language be included in the state water policy
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 Material Information
Title: Letter proposing to ask that specified language be included in the state water policy
Alternate Title: Letter from J. T. Griffiths, Florida Citrus Mutual, to SWFWMD proposing to ask that specified language, included in the letter, be included in the state water policy at the June 8th hearing
Physical Description: 2p
Language: English
Publication Date: May 28, 1981
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 5, Folder 25 ( SF STATE WATER POLICY - VOL. III ), Item 32
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052916
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





Florida Citrus A Mutual
TELEPHONE(813) 682-1111 P. O. BOX 89 LAKELAND. FLORIDA 33802
BOBBY F. McKOWN
XECUTIV V ICE PRCS ,oNT May 28, 1981



Mr. James Tatum
Southwest Florida Water
Management District
5060 U. S. Highway 41, South
Brooksville, Florida 33512

Dear Mr. Tatum:

Florida Citrus Mutual has been in close touch with
SWFWMD staff, board and counsel concerning the state
water policy. I have talked to all of 'the water manage-
ment districts, and specifically had considerable con-
versation with Mr. Maloy at South Florida. I am very
hopeful that he will not feel that it is incumbent to
oppose this position.

Thus, we are proposing to ask that the following
language be included in the state water policy at the
June 8th hearing.

(5) In implementing a consumptive use permitting
program, the Department and Districts shall
recognize the qualified rights of property
owners to use the ground water under their
land for reasonable-beneficial purposes, and
shall continually seek maintenance of a
proper balance between competing users.

It is our position that this statement has no real
effect upon the permitting process that has already been
undertaken in the South Florida and Southwest Florida
Water Management Districts, but that in those districts
where permitting has not taken place, the rights of the
property owner to continue to use that which he has used
or that which lies under his land, but has not been used
by anyone, would be somewhat enhanced.

It is our opinion that the word "qualified" before
the word "rights" in the statement is in line with the
current court rulings that a property .owner who has a
consumptive use permit and makes use of that consumptive
use permit establishes some rights in perpetuity. It
would be our further contention that the right to use








Mr. James Tatum
SMay 28, 1981
Page 2

is already there, and that consumptive use permitting is
simply establishing that right, but the issue here is such
that the property owners rights had been "qualified" by
the Tequesta Case. However, where consumptive use per-
mits have not been granted, it would be our contention
that the property owner has a prior right for water either
as a result of his use, or as a result of his potential
use.

We would consider that "implementing" is really the
process of putting consumptive use permits into place by
a water management district, and this has already been
done by both South Florida and Southwest. Implementing
might also refer to the establishment of allocation for
competing uses during periods of water shortage. It is
our contention that this paragraph would be beneficial
to the agricultural user and probably to land owners in
general in defining and interpreting allocation procedures.

"We are hopeful that this specific position will be
supported by all water management districts including
South Florida. We recognize that there are some prob-
lems with that district, but we are hopeful that the
language herein will be beneficial to them as well as to
ourselves.

We are specifically requesting your support of this
position at the June 8th hearing before DER.

Sincerely yours,



J. T. Griffiths
Director
Special Projects

JTG/bg

cc: L. M. Blain
Don Feaster
Bruce Samson
Arch Updike





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