Title: Research Outline for Examination of Florida Water Law
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Permanent Link: http://ufdc.ufl.edu/WL00002926/00001
 Material Information
Title: Research Outline for Examination of Florida Water Law
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Richard Hamann's Collection - Research Outline for Examination of Florida Water Law
General Note: Box 12, Folder 1 ( Materials and Reports on Florida's Water Resources - 1945 - 1957 ), Item 40
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00002926
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


ESAR OLI FB, EAMINATIO OF FLORIDA WATER AW


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Introduction
A* Water Resouroes Studies
Streams and Watercoursest
A* Definition of natural watercourse
To vhat extent, if any, does it included
1, Underflow?
2, Springs and percolating ground waters that supply streams?
3. Waste waters draining to stream?
S4, Flood waters?
$e 5* Artificial waterways after passage of time?
B. Definition of Riparian Land
To what extent does it include lands
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1. Abutting stream? -c/ r)- CC( (/ (< ..
2. Within watershed? C .
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3. A "reasonable" amount of adjacent land? C. Place of Diversion
Is a riparian owner entitled to divert water i ,
1. On riparian owner's land? ,
2 a Above it? r
3, Below it?
D, Extent of right to use
/le To what extent does the state follow Natural Flow Doctrine?
S2 To what extent does the state follow Reasonable Use Doctrine?
43. To what extent does the state-follow Prior Appropriation Doctrine?
' L 6 Priorities for uses (domestic, agricultural, industrial).
4 5m Manner of protecting right" against illegal users#


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S6 Method of apportionment among riparian owners.

,affected by police power (flood control).

8 How affected by commerce power (navigation)&

a- What constitutes navigability,

/ be Effect of navigability on rights of usee

How effected by other Federal rights and powers

0. When mustovrnent condemn?

11, Right to use submerged lnds.

12, Right to use.r eatery

E, Pollution

I1 Regulation by state. -

a, General 5 >

be District

oa Counties

do Municipalities

2, Regulation by owners.

3# Effect of Federal Law and Constitution.

II Man-Made Channels t

A. Definition

Be Distinguished from natural water course with respect to:

1l Definition of riparian lande

2, Place of diversion.

3o Extent of right to use,

a, Effect of Federal Law and Constitution.

4e Pollution

C, Creation and improvement


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Ill. LEakE. Ponds and Sink Holesi

A, Definition

To what extent, if anyr does it includes

1. Springs and percolating ground waters that supply?

2.. Underflow (sink holes particularly)?

3. Flood waters?

B. Definition of Riparian Lando

C, -Place of Diversion,

D, Extent of right to use.

1. Priorities for uses

2. Priorities among users*

3. Manner of protecting right.

*e How affected by police power

9, How affected by commerce power

6, How affected by other federal rights and powers

7, When must government condemn*

8. Submerged lands.

E, Pollution

1, Regulation by states

a, General

bo Districts

c. Counties

do municipalities

2& Regulation by owners*

3, Regulation by Federal Government.
IV. Diffused Surface Waters

A. Definition


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Be Rules governing use and disposition.

C, Method of accumulating*

V. Ground Waters

A, Definition

1. Generally (are ground waters governed by the same rules govern-
ing watercourses or by special rules?)

B, Rules governing use,

1e Generally

2. Percolating waters

as Capture

be Reasonable use

co Correlative rights

3* Well-capping

Co Salt water intrusion control.

D, Pollution

1* Regulation by State#

a, General

be Districts

c, Counties

d. Municipalities

2. Regulation by Owners.

3. Regulation by Federal Government*


VI, Atmospheric Water

A. Legal aspects of artificial rain-making


VII. Tidal Waters

A. Definition of tidal waters


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What constitutes riparian land,

Rules governing use of water*

Rules governing use of beaches.

Beach erosion

Improvement of Ocean shore areas

Submerged lands*


Interrelationships Bete* 0Water in Different Categories


A.

B

C.

D.


Interrelationship of diffused surface water and streams and lakes

Interrelationship of diffused surface water and ground water*

Interrelationship of streams and lakes and ground water*

Other interrelationships


IXs Techniques of Acquiring Water Rights

A, Prescription

1. How long

2o Character of use (exclusive? hostile? continuous?)

3, What is acquired

a* Right running iLth the land,

b& Personal right in the user,

B Assignability of Water Rights.

1I Riparian Rights.

2 Other water rights*

3. Diverted water itself

Co Condemnation

Ie By state governmental units.

2, By favored industrial users.

3p By others,

DP Acquisition by, from, or through the Federal Government.
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VIII.

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X* Water Management by Group Action Through Political Entities.
A. Solely under state authority.
1. Districts authorized or created by general legislation,
2. Districts authorized or created by special legislation.
3I Other group action.
Be Solely under Federl authority.
Co Through Cooperation between State and Federal Authorities.




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