Title: State Water Policy
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Permanent Link: http://ufdc.ufl.edu/WL00001775/00001
 Material Information
Title: State Water Policy
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Letter State Water Policy To: William C. Tatum, Executive Director From: Marcia K. Penman, Interagency Coordinator October 1, 1981
General Note: Box 9, Folder 6 ( SF- State Water Policy/Property Rights Issue - 1980-1981 ), Item 32
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00001775
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 1, 1981


MEMORANDUM
TO: WILLIAM C. TATUM, Executive Director
FROM: MARCIA K. PENMAN, Interagency Coordinator
SUBJECT: State Water Policy
On September 29 Buddy Blain and I attended a public workshop sponsored by the
Department of Environmental Regulation at which the advertised topic of the
workshop was property rights in the use of water. The discussion at the
meeting focused on the interface of land management as it is affected by water
management decisions, primarily as it pertains to agricultural land and
water needs. A number of statements were proposed for addition to the State
Water Policy (attached).
Secretary Tschinkel received testimony from representatives of agricultural
interests and local governments. After hearing the testimony she decided to
hold a public hearing on November 17, at the hearing she will consider for adopting
the following wording:
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 to make
consumptive uses of water from their land and the rights of other
users, as limited by law, for reasonable-beneficial uses in a manner
consistent with the public interest that will not interfere with any
presently existing legal use if water.
In addition, she will consider adopting some modification to the following statement:
Add paragraph (6) to Rule 17-40.04: .
(6) Consumptive uses of water in quantities which cause significant adverse
impacts on off-site land uses or legal uses of water shall be curtailed
or abated unless the impact can be mitigated by the permitted.
The Secretary has asked that any comments on these proposed statements be sent to ^*
her by October 9 in order that she be able to decide on the wording to be-advertised
for the public hearing.
MKP:cah Ili
cc: L.M. Blain









Voi- q 7 5D
















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.












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 other users, as limited by law, to make consumptive

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.




1 ,,llJi


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 to make consumptive uses of water from their land and

the rights of other users, as limited by law, for reasonable-

beneficial uses in a manner consistent with the public interest

that will not interfere with any presently existing legal use of

water.




i, lli I


ADDITIONS AND AMENDMENT TO STATE WATER POLICY

CHAPTER 17-40


I. ADDITIONAL STATEMENT TO INCLUDE IN GENERAL WATER POLICY

( ) Promote attainment of maximum economic development

of water and related land resources consistent with

protection of the resource for other uses.


II. AMENDMENT TO SECTION 17-40.04, WATER USE

(1) No permit shall be granted to authorize the use

of water unless the applicant establishes that the

proposed use is a reasonable-beneficial use, will

not unreasonably interfere with presently permitted

and other existing legal uses of water and is con-

sistent with the public interest.


III. ADDITIONAL STATEMENTS TO INCLUDE IN SECTION 17-40.04,
WATER USE

( ) In implementing a consumptive use permit program

the Department and Districts shall recognize the

public interest in allocating available, unpermitted.

water supplies for improved use and development of

land resources.

( ) Consumptive uses of water in quantities which cause

significant adverse impacts on off-site land uses

or legal uses of water shall be curtailed or abated.

unless the impact can be mitigated by the permitted.

( ) In permitting consumptive use, greater preference

shall be given to uses of water on the land from

which it is withdrawn than to uses which require

transport of water to other lands.

.. .




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