MACFARLANE. FERGUSON. AnSON & KELLY
I ATT RN YB AND COUNWSLLO.I- A LAW
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CLEARWATER, FLPRIDA 33517
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TALLAHASSIE, FLORIDA 32302
K..MKA (04) 224-1215
WM. H. JKSON CABLE ADDRESS "MACFAK"
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J.HER N HANSSROUGH
JAMES S. MCOONOUGH. JR.
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
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
PHILIP S. PARSONS
ANSLEY WATSON, JR.
JAMES E. BLOOOWORTH
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
MARY L. TAYLOR
0. SCOTT DOUGoAS
CHAD W. BROWNE
MICHAEL 0. MALFITANO
ALTON B. PARKER
SUSAN N. WHALEY
ALAN N. BERO
DAVID M. BOGIO
ROBERT W. CLARK
JOHN N. MUELLER
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
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.
"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
July 7, 1981
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.
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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