Title: State Water Policy and Property Rights
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Permanent Link: http://ufdc.ufl.edu/WL00001796/00001
 Material Information
Title: State Water Policy and Property Rights
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Memorandum To: Florida Agricultural Firms and Organizations From: Philip S. Parsons July 7, 1981
General Note: Box 9, Folder 6 ( SF- State Water Policy/Property Rights Issue - 1980-1981 ), Item 53
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00001796
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




MACFARLANE. FERGUSON. AnSON & KELLY
I ATT RN YB AND COUNWSLLO.I- A LAW
512 FLORIDA AVENUE
AND
2910 PIRBT FLORIDA TOWER
P. .a BO 1531
TAMPA, FLORIDA 33601
(813) 223-2411

900 BANK OF CLEARWATER BUILDING
P. 0. DRAWER 2197
CLEARWATER, FLPRIDA 33517
(813) 441-1763


700 LEWIS STATE BANK BUILDING
P. 0. 3X 1548
TALLAHASSIE, FLORIDA 32302
K..MKA (04) 224-1215
1.1. 1cKA*
WM. H. JKSON CABLE ADDRESS "MACFAK"
l886* 19 9
THOMAS ALEXANDER
HOWARD MACFARLANE
1886-l9 7
J.HER N HANSSROUGH
1902-197
FRANK 1ESONI
1908-197
JOHN M..LLISON
1901-1979
JAMES S. MCOONOUGH. JR.


MEMORANDUM


CH0 H. FERGUSON
T. P7 ELLY. JR.
ARThJ A. SIMPSON
W. S RODGERS. JR.
D. A. ARDUENGO
HUGH C. MACFARLANE
GEORGE W. ERJCKSEN
CHARLES F. CLARK
J. DANFORTH BROWNE
BEAVAN WOODWARD
DAVID J. KADYK
M. W. GRAYBILL
EDWARD J. KOHRS
DAVID C. 0. KERR
JOHN A. CURTISS
CHARLIE LUCIIE. JR.
RICHARD R. CROOKE
JOHN R. BUSH
LAWRENCE J. o0NEIL
CHARLES W. PITTMAN
JOHN C. BIERLEY
JEREMY P. ROSS
JACK C. RINARD
NATHAN S. SIMPSON
H. VANCE SMITH
STEPHEN H. SEARS
RICHARD 0. SENTY
EARNEST W. DEAN. JR.
TED R. MANY, III
STEPHEN H. REYNOLDS
STELLA FEROUSON THAYER
E.JOHN DINKEL. III


MERCER FEARINGTON
PHILIP S. PARSONS
ANSLEY WATSON, JR.
JAMES E. BLOOOWORTH
RICHARD A.VALERI
JOHN F. RUDY, .1
THOMAS S. MIMMS. JR.
WILLIAM BARRETT TAYLOR, w
ROBERT O. COCHRAN
JAMES CRAIQ OELESIE, SR.
JEFFREY W. WARREN
DAVID F. POPE
CHARLES 0. GEORGE
CLAUDE H. TISON, JR.
JOHN W. CAMPBELL
STEPHEN L.PAHNAU
MARY L. TAYLOR
0. SCOTT DOUGoAS
CHAD W. BROWNE
MICHAEL 0. MALFITANO
ALTON B. PARKER
SUSAN N. WHALEY
D.JAMES KAOYK
ALAN N. BERO
DAVID M. BOGIO
ROBERT W. CLARK
JOHN N. MUELLER
JOSHUA MAGIOSON
DAVID M. LEE
J. DAVID HOLDER
DAVID M. MECHANIK
MARTHA A. CURTIS


IN REPLY REFER TO:


Florida Agricultrual Firms and Organizations


Philip S. Parsons


July 7, 1981


State Water Policy and Property Rights


This memorandum will summarize a meeting held on June 26,
1981, at the Florida Fruit & Vegetable Association offices in
Orlando, Florida. In attendance were: Jim Duncan, Wayne Crain,
Riley Miles, Cliff Beasley, Don Turk, Don McAllister, Leon
Miller, Mercer Fearington, Dr. Jim Griffith, Buddy Blain and
myself.


Consensus was that paragraph five of the Department of
Environmental Regulation's May 27, 1981, Memorandum expresses
accurately the policy statement of most benefit to landowners.
This is:


"In implementing consumptive use permitting
programs, the department and districts shall
recognize the rights of property owners, as
limited by law, to withdraw and make con-
sumptive uses of groundwater from their land
for reasonable-beneficial uses."


Paragraph six of the same Memorixndum should not be resisted as
adverse, but accepted if advocated by the water management
districts.


TO:


FROM:


DATE:


RE:









Memorandum
July 7, 1981
Page two


Two points should be recognized as to the property rights
statement we favor: 1) The policy incorporates a recognition
that landowners have a legal right to use water under their
land which exists independently but is regulated by the con-
sumptive use permitting process; it is not a right which is
created by a permit. 2) The policy is limited to groundwater.

We discussed at length the relationship between this policy
on the one hand and statutes, case law and district rules on the
other. This policy cannot create or take away rights which now
exist. It will, however, help to protect property rights against
those issuing consumptive use permits who believe that land-
owners have no right to use underlying water until that right
is created by a permit.

The policy is limited to groundwater primarily as a com-
promise position which should be more acceptable to the water
management districts. Although we believe similar rights of a
landowner exist for surface waters, there will be fewer op-
portunities for future permitting of available surface water
supplies and thus this compromise seems worth making.

Members of our group will meet with the Water Users
Association in West Palm Beach, Florida, on Tuesday, June 30,
1981, for the purpose of responding to the concerns of the
South Florida Water Management District staff. Following this,
we will appear before the District Governing Board on July 9
and 10, 1981, and later before the St. Johns District Board.

As many of us as can will attend the Department of
Environmental Regulation workshop in Tallahassee, Florida on
July 7, 1981.


PSP/cad

Copies furnished to:

Florida Fruit & Vegetable Association Florida Forestry Assoc.
Florida Citrus Mutual A. Duda & Sons, Inc.
Florida Farm Bureau Water Users Association
Lykes Brothers, Inc. of. Florida
Florida Dairy Farmers, Inc. Deseret Ranches of
Florida Sugar Cane League, Inc. Florida, Inc.
Indian River Citrus League
Florida Cattlemen's Association & Beef Council
Florida Citrus Processors


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