JdACFW*RLANE. FEROUBON. .Jf"I5ON KELLY
A"WORNWS &NWI COUNS10.1.j, &AT L AW
512 FLORIDA AVEtuU
2910 FIRST FLDRUIA TOWER
P. 0. BOX 1531
?TAMPA, FLORIDA 33601
900 BANK 0F CLEARWATZA BUILDING
P. O. DRWER 2197
CLEARWAAEf. PWJRZDA 33517
700 LEWIS STATE BANK BUILDING
P. 0o. 1548
TALLA.ABB.EE, FLORIDA 32302
K. I. MKAY (904) 224-1215
15 1 -104S
WM.H. JACKSON CABLE ADDRESS "MACFAK"
HOWARD P. MACFARLANE
J. HERNDON HANSBROUGH
JAMES B. MCDONOUGH. JR.
FROM: Philip S. Parsons
DATE: June 18, 1981
State Water Policy and Property Rights
This memorandum is sent to confirm a meeting on Friday,
June 26, 1981, to begin at 10:00 a.m. in the offices of the
Florida Fruit & Vegetable Association located at 440 East
Colonial Drive, Orlando, Florida. The purpose of this meeting
will be to discuss the specific.language for recognition and
protection of property rights as part of the State Water
Policy. Also, once consensus is reached as to appropriate
language, the process of ensuring its adoption will be
At the time of the last DER workshop held on June 8 in
Tallahassee, there seemed to be a general consensus among
agricultural organizations that the language proposed by
Citrus Mutual would be acceptable, perhaps with minor editorial
amendments. I have enclosed a copy of Bobby McKown's earlier
memorandum for your reference and suggest that we begin our
consideration with this language.
Our meeting should be over no later than 12:00 noon.
All organizations receiving this memorandum have been contacted
CH"EB H. PEROUSON
T. KELLY. JR.
AR IA. SIMPSON
W. S. RODGERS. JR.
0. A. AROUENGO
HUGH C. MACFARLANE
GCORGE W. ERICKSEN
CHARLES F. CLARK
J. OANFORTH BROWNE
DAVID J. KADYK
M. W. GRAYBILL
EDWARD J. KOHRS
DAVID C.O. KERR
JOHN A. CURTISS
RICHARD R. CROOKED
JOHN f. SUSH
LAWRENCE J. OCNEIL
CHARLES W. PITTMAN
JOHN C. BIERLEY
JERCMY P. ROSS
JACK C. RINARO
NATHAN D. SIMPSON
H. VANCE SMITH
STEPHEN N. SEARS
RICHARD 0. SENT
EARNEST W. DEAN JR.
TED R. MANRY, Ht
STEPHEN H. REYNOLDS
STELLA FERGUSON THAYER
PHILIP S. PARSONS
ANSLEY WATSON, JR.
JAMES E. BLOODWORTH
RICHARD A. VALERI
JOHN P. RUDY. II
THOMAS B. MIMUS. JR.
WILLIAM ARREST TAYLOR. IN
ROBERT O. COCHRAN
JAMES CRAIO ODELSIC. SR.
JEFFREY W. WARREN
DAVID F. POPE
CHARLES D. OEORGE
CLAUDE H. TISON, JR.
JOHN W. CAMPBELL
0. SCOTT DOUGLAS
CHAD W. BROWNE
MICHAEL 0. MALPITANO
ALTON B. PARKER
SUSAN Rft. WHALEY
u JAMES KAOYK
ALAN N. BERG
DAVID M. BOGQS
ROBERT W. CLARK
JOHN H. MUCLLER
DAVID M. LEE
J. DAVID HOLDER
DAVID M. M CHANIK
MARTHA A. CURTIS
IN REPLY REFER TO:
Florida Agricultural Firms and Organizations
i, ,11 i. J
June 18, 1981
in advance and I expect an excellent turnout for a productive
session. Please contact me if you will be unable to attend.
If you would like alternative language to be considered,
please send this to me in advance so that copies can be
circulated to the group.
Copies furnished to:
Florida Fruit & Vegetable Association
Florida Citrus Mutual
Florida Farm Bureau
Lykes Brothers, Inc.
Florida Dairy Farmers, Inc.
Florida Sugar Cane League, Inc.
Indian River Citrus League
Florida Citrus Processors
Florida Forestry Association
A. Duda & Sons, Inc.
Water Users Association of Florida
Deseret Ranches of Florida, Inc.
Florida Cattlemen's Association & Beef Council
Florida Citrus Mutual
TR T OP. ("18R-qs?..y"E IPu BOX 89 LAKELAND. FLORIDA 33802
.YFow. MCKOWN V
UICUTIVE VICE PrEKOCNT
,..J -2 1981
May 29, 1981
ALLISON & KELLY
TO: Florida Agricultur Or a zations
FROM: Bobby F. McKown, A ti Vice President
SUBJECT: State water pol and poperty rights
At the last workshop on state water policy, a suggestion
was made concerning the recognition of property rights as
related to reasonable-beneficial water use.
The June 8th hearing has a spot scheduled on it for con-
sideration of this concept.
Florida Citrus Mutual is planning to specifically request
that the following statement be adopted as a part of the
state water policy.
(5) In implementing a consumptive use permitting
program, the Department and Districts shall
recognize the qualified rights of property
owners to use the ground water under their
land for reasonable-beneficial purposes, and
shall continually seek.maintenance of a
proper balance between competing users.
It is our position. that this statement has no real effect
upon the permitting process that has already been under-
taken in the South Florida and Southwest Florida Water
Management Districts, but that in those districts where
permitting has not taken place, the rights of the property
owner to continue to use that which he has used or that
which lies under his land, but has not been used by anyone,
would be somewhat enhanced.
It is our opinion that the word "qualified" before the
word "rights" in the statement is in line with the current
court rulings that a property owner who has a consumptive
use permit and makes use of that consumptive use permit
establishes some rights in perpetuity. It would be our
further contention that the right to use is already there,
and that consumptive use permitting is simply establishing
a that right, but the issue here is such that the property
f" owners rights had been "qualified" by the Tequesta Case.
However, where consumptive use permits have not been granted,
it would be our contention that the property owner has a
prior right for water either as a result of his use, or as
a result of his potential use.
We would consider that "implementing" is really the pro-
cess of putting consumptive use permits into place by a
water management district, and this has already been done
by both South Florida and Southwest. Implementing might
also refer to the establishment of allocation for com-
peting uses during periods of water shortage. It is our
contention that this paragraph would be beneficial to the
agricultural user and probably to land owners in general
in defining and interpreting allocation procedures.
We are hopeful that this specific position will be sup-
ported by all water management districts including South
Florida. We recognize that there are some problems with
that district, but we are hopeful that the language herein
will be beneficial to them as well as to ourselves.
We are specifically requesting your support of this position
at the June 8th hearing before DER.
/ -, '