Title: State Water Policy Rights of Property Owners
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Permanent Link: http://ufdc.ufl.edu/WL00001831/00001
 Material Information
Title: State Water Policy Rights of Property Owners
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Letter State Water Policy Rights of Property Owners May 11, 1981
General Note: Box 9, Folder 6 ( SF- State Water Policy/Property Rights Issue - 1980-1981 ), Item 88
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00001831
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


pF


L. M. BLAIN
THOMAS E. CONE. JR.
RUSSELL M. BLAIN
GARY A. GIBBONS
FRED A. McCORMACK

OF COUNSEL
GEORGE O. WILSON mI


May 11, 1981


Terry Cole, Esquire
Department of Environmental Regulation
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32301

Douglas Stowell, Esquire
P. O. Box 1019
Tallahassee, Florida 32302


202 MADISON STREET
P. O. BOX 399
TAMPA. FLORIDA 33601
(813) 223-3888

206 SOUTH MONROE STREET
P. 0. BOX 10449
TALLAHASSEE. FLORIDA 32301
(904) 222-0960


REPLY TO: Tampa office


Steve Walker, Esquire
P. O. Box V
West Palm Beach, Florida

Lee Worsham, Esquire
P. O. Box 1429
Palatka, Florida 32077


Thomas Brown, Esquire
P. O. Box 1029
Lake City, Florida 32055

Re: State Water Policy-Rights of
Property Owners

Gentlemen:

The Governing Board of Southwest Florida Water Management District
has gone on record as favoring the addition of a statement in
the proposed State Water Policy relating to the rights of
property owners.

Since there are many diverse opinions relating to the rights of
riparian owners, I have just about abandoned any effort to come
up with a statement that would meet universal acceptance for
property owner's rights to surface water.

Please review the following statement relating to rights of property
owners to use ground water:

In implementing consumptive use permitting programs,
the Department and Districts shall recognize the
qualified right of property owners to use the ground-
water under their land for reasonable-beneficial purposes
and shall continually seek to maintain the proper balance
between competing users.

Please see Village of Tequesta v. Jupiter Inlet Corp., Fla., 371


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LAW OFFICES
I3LAIN & CONE, P. A.








Terry Cole, Esquire, et al
May 11, 1981
Page Two



So.2d 663, at 667 in which the Supreme Court states: "the right
of the owner to groundwater.underlying his land is to the usufruct
of the water and not to the water itself."

Please also review Paragraphs 2, 6 and 7 of the Court's summary
at page 672 of the Tequesta opinion.

I would appreciate your comments and suggestions.

Sincerely yours,



L. M. Blain 'N










LMB/sb
cc: Mr. Wm. McCartney
Mr. Donald Morgan
Mr. E. D. Vergara
Mr. Jack Malloy
Mr. Donald R. Feaster
SWFWMD Board members






















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