Title: Letter from L. M. Blain re: addition of a statement in the State Water Policy
CITATION PAGE IMAGE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00052926/00001
 Material Information
Title: Letter from L. M. Blain re: addition of a statement in the State Water Policy
Alternate Title: Letter from L. M. Blain to Terry Cole, DER, and four other lawyers stating that the SWFWMD Governing Board favors the addition of a statement in the proposed State Water Policy relating to the rights of property owners, also including a statement by the F
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 5, Folder 25 ( SF STATE WATER POLICY - VOL. III ), Item 42
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052926
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



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 May 11, 1981
206 SOUTH MONROE STREET
OF COUNSEL P. O. BOX 10449
GEORGE O. WILSON IDM TALLAHASSEE. FLORIDA 32301
(904) 222-0960


REPLY TO: Tampa office



Terry Cole, Esquire Steve Walker, Esquire
Department of Environmental Regulation P. O. Box V
Twin Towers Office Building West Palm Beach, Florida
2600 Blair Stone Road
Tallahassee, Florida 32301 Lee Worsham, Esquire
P. O. Box 1429
Douglas Stowell, Esquire Palatka, Florida 32077
P. 0. Box 1019
Tallahassee, Florida 32302

Thomas Brown, Esquire
P. O. Box 1029
Lake City, Florida 32055

Re: State Water Policy-Rights of
Property Owners

Gentlemen:

The Governing Board of Southwest Florida Water Management District
has gone on record as favoring the addition of a statement in
the proposed State Water Policy relating to the rights of
property owners.

Since there are many diverse opinions relating to the rights of
riparian owners, I have just about abandoned any effort to come
up with a statement that would meet universal acceptance for
property owner's rights to surface water.

Please review the following statement relating to rights of property
owners to use ground water:

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.

Please see Village of Tequesta v. Jupiter Inlet Corp., Fla., 371










Terry Cole, Esquire, et al
May 11, 1981
Page Two



So.2d 663, at 667 in which the Supreme Court states: "the right
of the owner to groundwater underlying his land is to the usufruct
of the water and not to the water itself."

Please also review Paragraphs 2, 6 and 7 of the Court's summary
at page 672 of the Tequesta opinion.

I would appreciate your comments and suggestions.

Sincerely yours,
^ / / / y, / La 'L C .t I B L A .. ..
y[ t / ABSENCE TO AVOID DELAt
SN MAILING
L. M. Blain










LMB/sb
cc: Mr. Wm. McCartney
Mr. Donald Morgan
Mr. E. D. Vergara
Mr. Jack Malloy
Mr. Donald R. Feaster
SWFWMD Board members





University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs