Title: Property Rights in the Use of Water
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 Material Information
Title: Property Rights in the Use of Water
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Letter Property Rights in the Use of Water To: Buddy Blain (SWFWMD), Tom Brown (SRWMD), Doug Stowell (NWFWMD), Lee Worsham (SJWMD), Steve Walker (SFWMD) From: Terry Counsel, General Counsel May 20, 1981
General Note: Box 9, Folder 6 ( SF- State Water Policy/Property Rights Issue - 1980-1981 ), Item 85
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00001828
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


STATE OF FLORIDA
DEPARTMENT OF ENVIRON NTAL REGULATION

BOB GRAHAM
TWIN TOWERS OFFICE BUILDING GOVERNOR
2600 ILAIR STONE ROAD
TALLAHASSEE, FLORIDA 32301 VICTORIA J. TSCHINKEt
SECRETARY




MEMORANDUM


TO: ^Mr. Buddy Blain
Southwest Florida WMD

Mr. Tom Brown
Suwannee River WMD

Mr. Doug Stowell
Northwest Florida WMD

Mr. Lee Worsham
St. Johns WMD

Mr. Steve Walker
South Florida WMD

FROM: Terry Cole~ T
General Counsel

DATE: May 20, 1981

RE: Property Rights in the Use of Water


Last week Buddy plain sent to each of you another draft of a
proposed section dealing with property rights in the use of water.

Attached for your consideration and comment is a slightly
modified draft under my name of another proposed statement which
is derived from the version drafted in my office just before the
last workshop on water policy.

Secretary Varn has submitted another proposal which is
attached separately.

I would appreciate your written comments regarding the three
recent proposed drafts and, if possible, a memorandum on the legal
basis for your comments. Any alternative language you might
suggest would be welcomed. I have attached for your information
a compilation of all known drafts of a property rights section for
the water policy.







howtien Floride and Your OwfCty of Uft




,i o ,, ,-


t4t 1-id -rt r. -. I I .


Please try to have your comments back to me by June 3 if
at all possible. All of the help you have.given in the drafting
and adoption of the water policy io appreciated.


TC:ac
attachment

cc: Vicki Tschinkel
Ken Woodburn
Dave Pingree
John Wehle


rr~fiu_^SaJ'wfRt?'












Drafted by Secretary Varn May 19, 1981


17-40.04

(5) In, implementing a consumptive use permitting.

.program the Department and District shall recognize the

rights of the overlying property owners to make a

reasonable beneficial use of an equitable portion of

the underlying ground water and of the riparian owners

to make a reasonable beneficial use of an equitable

portion of the adjacent surface waters.


i




** -0 ,i )

Terry Cole

In implementing a consumptive use permitting program, the

Department and District shall recognize the right of an existing

user of water to continue the use subject to the requirements of

Section 373.226, F.S., if the existing use is a Reasonable-Beneficial

Use and would be allowable under the common law. Permit renewal

applications shall be treated in the same manner as the initial

permit applications,







List of suggested versions of property rights in the use of
water.

Terry Cole

In implementing a consumptive use permitting program, the

Department and District shall recognize the right of an existing

user of water to continue the use subject to the requirements of

Section 373.226, F.S., if the existing use is a Reasonable-

Beneficial Use and would be allowable under the common law.

Permit renewal applications shall be treated in the same manner

as initial permit applications.


Steve Walker

In implementing a consumptive use permitting program, the

Department and District shall recognize the right of an applicant

to make a reasonable-beneficial use of any water which has not

previously been reserved or allocated to another use in accor-

dance with the provisions of Chapter 373.


Secretary Jacob Varn

In implementing a consumptive use permitting program,

the Department and District shall recognize the rights of the

riparian owners to make a consumptive use of an equitable

portion of the surface waters. Further, the Department and

District shall also recognize the rights of the overlying prop-

erty owners to make a consumptive use of an equitable portion

of the underlying groundwaters.


Buddy Blain

In implementing consumptive use permitting programs,

the Department and Districts shall recognize the rights of

property owners to make consumptive uses of underlying ground

water and of adjacent surface water for reasonable-beneficial

purposes.

R-nimplemeT~diET consumptive use peTr TtT-pr-, .6.am.,

the Department and Districts shall recognize the qualified

right of property owners to use the groundwater under their

land for reasonable-beneficial purposes and shall continually

seek to maintain the proper balance between competing users.


U










Buddy Blain (continued)

In implementing a consumptive use permitting program, the

Department and District shall recognize the rights of overlying

property owners to make consumptive uses of underlying ground

waters for reasonable-beneficial purposes consistent with the

Water Resources Act.


In implementing a consumptive use permitting program the

Department and Districts shall recognize the rights of property

owners to make a reasonable-beneficial use of both adjacent

surface waters and underlying ground waters.


In implementing consumptive use permitting programs, the

Department and Districts shall recognize the rights of property

owners to make consumptive uses of underlying ground water and

of adjacent surface water for reasonable-beneficial purposes

consistent with the Water Resources Act.




Secretary Varn May 19, 1981

In implementing a consumptive use permitting program,

the Department and District shall recognize the rights of the

overlying property owners to make a reasonable-beneficial use

of an equitable portion of the underlying ground water and of

the riparian owners to make a reasonable-beneficial use of an

equitable portion of the adjacent surface waters.


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