Title: Letter to Victoria J. Tschinkel, Secretary, DER, re: State Water Policy - Property Rights from L. M. Blain submitting statements on Statutory Authorit
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Title: Letter to Victoria J. Tschinkel, Secretary, DER, re: State Water Policy - Property Rights from L. M. Blain submitting statements on Statutory Authorit
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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: UF00052978
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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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
July 21, 1981 206 SOUTH MONROE STREET
OF COUNSEL P. 0. BOX 10449
GEORGE O. WILSON Lm TALLAHASSEE. FLORIDA 32301
'904) 222-0960


REPLY TO: Tampa



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

Re: State Water Policy Property Rights

Dear Secretary Tschinkel:

This will supplement the letter we sent to you July 20, 1981. (Our
letter was erroneously dated June 20, 1981.) The amendments proposed
by Tom Brown for the proposed policy statement are supported by the
Southwest Florida Water Management District. A copy of the specific
wording is attached. We do not view these amendments as materially
affecting the meaning of the earlier draft. Consequently, the
analysis contained in our letter of July 20, 1981 remains unchanged.

We wish to further supplement our letter of July 20, 1981 with the
following additional items:

1. Statutory authority:

Section 373.223 and 373.226, Fla. Stat., provide
the legislative framework for the proposed policy
statement. These provisions establish the permit
criteria for new and existing consumptive uses.
They do not eliminate the "right of use" held by
property owners prior to the adoption of the
Florida Water Resources Act of 1972. They merely
limit and regulate that "right of use" by imposing
the permit criteria.

2. Anticipated effects:

The proposed policy is merely a restatement of


existing law. As a result, we foresee no
consequences flowing from its adoption.










The Honorable Victoria J. Tschinkel, Secretary
Florida Department of Environmental Regulation
July 21, 1981
Page 2




3. Economic impact:

Since the proposed policy provision is
descriptive of current law, we are aware
of no economic impacts which will flow
from its adoption.

We hope that you will find these additional comments helpful and
regret that they were not included in our earlier letter.

Sincerely,



L. M. Blain





LMB/cer
Attachment


cc: Mr. William C. Tatum


















I

(5) In irmplementin( consumptive use pernittinq programs, the department
and districts shall recognize the rights of property owners and
users, as limited by law, to make consumptive uses of qreRnd water
from their land for reasonable-beneficial uses in a rianner consistent
with the piju lic interest that will not Interfere with any present-y .
existing legal uses of water.

(6l--The-departfeRt- aRd-d4stU ets-sha~-eR4ti stA y-seek-t9- a4ntain
a-haanEe-betweeR-eerpetR.e-users-te-preteet-the--4Rteests-ef
all-affeeted-persoRs-4i-a-maner-eeRs stent-wth- the-pUbl4e-4-Rterest,


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