Title: State Water Policy
Full Citation
Permanent Link: http://ufdc.ufl.edu/WL00001774/00001
 Material Information
Title: State Water Policy
Physical Description: Book
Language: English
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Letter State Water Policy To: Victoria J. Tschinkel, Secretary Department of Environmental Regulation From: J. Donald Turk, Director Public Relations October 2, 1981
General Note: Box 9, Folder 6 ( SF- State Water Policy/Property Rights Issue - 1980-1981 ), Item 31
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00001774
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.

Full Text


October 2, 1981

Victoria J. Tschinkel, Secretary
Department of Environmental Regulation
2600 Blair Stone Road
Tallahassee, Florida 32301

re: State Water Policy

Dear Secretary Tschinkel:

At the September 29 workshop on the State Water Policy you re-
quested comments on two specific paragraphs that were drafted to
address rights of property owners and the use of water.

At this time I cannot support either statement as adequately
addressing this issue. Neither statement, separately or combined,
is strong enough to be worthy of serious consideration. What we
have, at best, is an attempt to water down any significant policy
statement on the right of a property owner to on site use of water
resources under his property.

To reemphasize Farm Bureau's position on this matter, I quote
from Farm Bureau president Walter Kautz's July 10, 1981 letter to
the governing boards of the water management districts.

"Farm Bureau does not desire to override, set aside,
circumvent or restrict the existing statutory authority, ad-
ministrative rules or existing consumptive use permits relating
to water. We recognize the existing reasonable-beneficial use
doctrine of water as established by law.

"Farm Bureau does not support the concept of water "bank-
ing." We belieVe water resources should be developed and used
on a first come first serve basis as determined by need, re-
source availability and the public interest.

"We are interested in a recognition of inherent right of
land to be used by the owner, including the right to use water
under that land. We believe there to be a public interest in
the development and utilization of our land resources.

"Farm Bureau recognizes the rights of non-agricultural uses
to water, and seeks a similar recognition of the rights of exist-
ing agricultural users. We are, however, concerned about the re-
cognition and protection from future urban well field withdrawals
that will cause harm to existing agricultural users.

. id

"In the event there are two concurrent permit applications,
we believe the landowner should have special recognition in the
decision. The land has contributed to the development of the
water resource and should be recognized in the allocation of the

I urge you to again review the briefs of Holland & Knight, Sep-
tember 21, 1981, and Pasco County, September 8, 1981, and Buddy Blain's
communications dated July 20 and July 21 on the points of law in support
of the rights of property owners in water use.

As I stated at the September 29 workshop, since this is to be the
policy of the State of Florida, it is right and proper that a strong
statement recognizing the right of property owners to use water be

ncerely, F-

J. Donald Turk, Director
Public Relations

cc: Governor Bob Graham
Walter J. Kautz
Phil Parsons
Rep. Chuck Smith

bc: Buddy Blain

...~__~..._. ._1 .c._.i_..~., ;lilil

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