L. M. BLAIN
THOMAS E. CONE. JR.
RUSSELL M. BLAIN
GARY A. GIBBONS
FRED A. McCORMACK
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
206 SOUTH MONROE STREET
P. 0. BOX 10449
TALLAHASSEE. FLORIDA 32301
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
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
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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I3LAIN & CONE, P. A.
Terry Cole, Esquire, et al
May 11, 1981
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.
L. M. Blain 'N
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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