Title: Proposed Policy Statements on Property Rights
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 Material Information
Title: Proposed Policy Statements on Property Rights
Alternate Title: Proposed Policy Statements on Property Rights, adding paragraph (5) to Rule 17-40.04 with 10 different versions
Physical Description: 11p.
Language: English
Publication Date: May 27, 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 34
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052918
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












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











May 27, 1981

RE: Proposed Policy Statement on Property Rights



Add paragraphs (5) and (6) to Rule 17-40.04 to read:

17-40.04-Water Use
The following shall apply to those areas where the use
of water is regulated pursuant to Part II of Chapter 373,
Fla. Stat-',

(5) In implementing consumptive use permitting programs, the

department and districts shall recognize the rights of property

owners, as limited by law, to withdraw and make consumptive uses

of groundwater from their land for reasonable-beneficial uses.



(6) The department and districts shall continually seek to maintain

a balance between competing users to protect the interests of all

affected persons in a manner consistent with the public interest.













Drafted by Secretary Varn May 19, 1981


17-40.04

(5) In implementing a consumptive use permitting

program the Department and District shall recognize the

rights of the overlying property owners to make a

reasonable beneficial use of an equitable portion of

the underlying ground water and of the riparian owners

to make a reasonable beneficial use of an equitable

portion of the adjacent surface waters.
















Secretary Jacob Varn

In-implementing a consumptive ,use permitting program,

the Department and District shall recognize the rights of the

riparian owners to make a consumptive use of an equitable

portion of the surface waters. Further, the Department and

District shall also recognize the rights of the overlying prop-

erty owners to make a consumptive use of an equitable portion

of the underlying groundwaters.



















In implementing consumptive use permitting programs,
the Department and Districts shall recognize the
qualified right of property owners to use the ground-
water under their land for reasonable-beneficial purposes
and shall continually seek to maintain the proper balance
"between competing users.













I---I--"~-~~ ~--



















In implementing consumptive use permitting programs, the Department

and Districts shall recognize the qualified right of property owners to

use the groundwater under their land for reasonable-beneficial purposes

and shall continually seek to maintain the proper balance between com-

peting users.

















Terry Cole

In implementing a consumptive use permitting program, the

Department and District shall recognize the right of an existing

user of water to continue the use subject to the requirements of

Section 373.226, F.S., if the existing use is a Reasonable-

Beneficial Use and would be allowable under the common law.

Permit renewal applications shall be treated in the same manner

as initial permit applications.












i-




















i *. *--- --





















Steve Walker

In implementing a consumptive use permitting program, the

Department and District shall recognize the right of an applicant

to make a reasonable-beneficial use of any water which has not

previously been reserved or allocated to another use in accor-

dance with the provisions of Chapter 373.













14-40.04


(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-beneficial purposes
consistent with the Water Resources Act.

(6) The qualified rights of overlying land owners
to use groundwater under their lands shall
be recognized subject to:

(a) balancing the correlative rights of
competing users; and

(b) balancing the uses with the public
interest in conserving and protecting
the water resources.

(7) In carrying out this policy, the constitutional
rights of private owners of land shall not be
abridged.






0 1

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-beneficial 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.

















(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, --ee-L- e-e" -.de.tbi. Watr.. eas.e.












17-40.04


(5) In implementing consumptive use permitting program,

the Department and District2shall recognize the rights of tha.

/ owners to make consumptive usesof

porie of surface waters t t-, th. .





-prtoRnof the sdrlying gr.u w ..atr.























aq.in





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