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
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
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
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
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.
^ / / / y, / La 'L C .t I B L A .. ..
y[ t / ABSENCE TO AVOID DELAt
L. M. Blain
cc: Mr. Wm. McCartney
Mr. Donald Morgan
Mr. E. D. Vergara
Mr. Jack Malloy
Mr. Donald R. Feaster
SWFWMD Board members