Title: Letter from SJRWMD to L. M. Blain commenting on Blain's wording of "qualified right"
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Permanent Link: http://ufdc.ufl.edu/UF00052919/00001
 Material Information
Title: Letter from SJRWMD to L. M. Blain commenting on Blain's wording of "qualified right"
Alternate Title: Letter from SJRWMD to L. M. Blain commenting on Blain's wording of "qualified right" in his proposed statement and pointing out the consequences of inaction on the part of the user.
Physical Description: 1p.
Language: English
Publication Date: May 26,. 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 35
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052919
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.

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WIT JO4NS RIVER


S.. .. W A T E R
] IVIANAGEMENT POST OFFICE BOX 1429 PALATKA, FLORIDA 32077
0 DISTIICT 904/328-8321



May 26, 1981



L. M. Blain, Esquire
Blain & Cone, P.A.
202 Madison Street
P. O. Box 399
Tampa, Florida 33601

Re: State Water Policy--Rights of Property Owners
Your Letter dated May 11, 1981

Dear Buddy:

After reviewing your letter dated May 11, I am a little curious
as to what is the extent of the "qualified right" you refer to
in your proposed statement. It would appear that the water right
of an existing water user, according to the statute,regardless of
source of supply, is certainly to be continued upon obtaining a
permit under 373.226(1), and if the userfails to apply within
the two year grace period, then whatever right he may have had,
be it "qualified" or whatever, is abandoned. 373.226(3), F.S.

Of course, he may apply for and receive a permit under 373.223(1)
but, at that point, has no residuary of any property rights that
I am aware of. The property regime or usufructuary right is re-
placed by the administrative allocation system contemplated by
Chapter 373. Therefore, I am under the impression that the statute
takes care of the situation and obviates the need for the statement
which, without further elaboration or explanation, could be confus-
ing or cause increased uncertainty in the area.

Sincerely yours,



E. Lee Worsham
ELW:jmf Staff Attorney

cc: E. D. Vergara
Terry Cole, Esquire
Douglas Stowell, Esquire
Thomas Brown, Esquire
Steven Walker, Esquire


A. RAY BEVILLE FRANCES PIGNONE CLAUDE O. GODWIN JOHN V. D'ALBORA, JR.
Chairman Fernandina Beach Vice Chairman Orlando Secretary Titusville Treasurer Cocoa
LYNNE CAPEHART MICHAEL BRADDOCK FRANK X. FRIEDMANN, JR. IDWAL OWEN
Gainesville Pierson Jacksonville Jacksonville
E.D. "SONNY" VERGARA
Executive Director





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