Title: Letter to Victoria J. Tschinkel, DER, from Thomas W. Brown submitting suggested language for a Proposed Policy Statement on Property Rights. August 12
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Title: Letter to Victoria J. Tschinkel, DER, from Thomas W. Brown submitting suggested language for a Proposed Policy Statement on Property Rights. August 12
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Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00052972
Volume ID: VID00001
Source Institution: Levin College of Law, 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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//i

CLARENCE I
JOHN E.NO
CHARLES VC


BRANNON, BROWN, NORRIS, VOCELLE, HALEY, BROWN & ROBINSON, P. A.
ATTORNEYS AT LAW
10 NORTH COLUMBIA STREET
E. BROWN POST OFFICE BOX 1029
RRIS LAKE CITY, FLORIDA 32055
"tELI I


WILLIAM J. HALEY
THOMAS W. BROWN
BRUCE W. ROBINSON
RONALD H. COLE
FREDERICK L. KOBERLEIN
EDDIE M. ANDERSON


August 12, 1981


Ms. Victoria J. Tschinkel
Secretary
Department of Environmental Regulation
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32301

Re: State Water Policy Property Rights

Dear Vicki:

After our last meeting in Tallahassee it was
that you wanted the property rights enthusiasts to
their suggested language.


my understanding
submit in writing


At the hearing I handed you some chicken scratch which I have
since had typed out and is probably more legible. While I do not
share the concerns of many people that the term property rights or
rights of the property owner are not mentioned in the State Water
Policy, I do understand their feelings. I am enclosing a typewritten
version of what I recall was submitted by me at the hearing. I do
not feel that it adds to or takes away from the existing law.

If there is any additional information you wish or if I can
be of any further assistance, please feel free to give me a call.


Sincerely yours,

iOQM W. BROWN
Thomas W. Brown
For the Firm


TWB:abk
Enclosure


cc: Mr.
Mr.
Mr.
Mr.
Mr.
Mr.


Auley Rowell (w/encl.)
Donald 0. Morgan (w/encl.)
Stephen A. Walker (w/encl.)
L. M. Blain (w/encl.) /
E. Lee Worsham (w/encl.)
Douglas L. Stowell (w/encl.)


AREA CODE 904
752-3213


W. BRANTLEY BRANNON
OF COUNSEL


u k I lV-













PROPOSED POLICY STATEMENT ON PROPERTY RIGHTS


Add paragraph (5) to Rule 17-40.04 to read:

(5) In implementing consumptive use permitting programs,

the department and districts shall recognize the rights of

property owners and users, as limited by law, to make con-

sumptive uses of water from their land for reasonable-

beneficial uses in a manner consistent with the public

interest that will not interfere with any presently existing

legal use of water.




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