Title: Opinion File 67-30 thru 67-31
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/WL00003256/00001
 Material Information
Title: Opinion File 67-30 thru 67-31
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 67-30 thru 67-31
General Note: Box 14, Folder 2 ( Opinion File 1961-1971 - 1961-1971 ), Item 44
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003256
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

67-*
RANDOLPH HODGES, Director *
TUtPaONX 224-7141 LAUDE R. KIRK, JR., Governor
LvaIrL n.~~ fTOM ADAMS, Secretary of State
Vj 1OfkWl EARL FAIRCLOTH, Attornev General
-- RED 0. DICKINSON, JR., Comptroller
BROWARD WILLIAMS, Treasurer
A FLOYD T. CHRISTIAN, Superintendent of
PForida Board of uConservation Public Instruction
107 WET G S S T TE 34 DOYLE CONNER, Commissioner of Agriculture
107 WEST GAINES STREET 0 TALLAHASSEE 32304

June 30, 1967




Mr. Myron G. Gibbons
Gibbons, Tucker, McEwen, Smith & Cofer S
Attorneys at Law
606 Madison Street
Tampa, Florida

Dear Myron:

I well recall the meeting of the Southwest Flori a Water
Management District where they raised the question of
plugging and capping artesian wells within the District
that you mentioned in your letter of June 27, 1967. You
were absolutely right in your statement that Chapter 373
of the Florida Statutes covers the problem.

You were also correct in noting that the owner, tenant,
Occupant, or person in control of an artesian well is
responsible for valving, plugging or capping the well.
373.041 makes it a misdemeanor and subject to penalties
provided by law for a responsible person to permit continuous
flow without control.

373.051 (2) requires the Division of Water Resources and
Conservation to give notice to a landowner to install the
necessary valve, plug or cap upon a free flowing well. If
the landowner fails to correct the condition within 10 days
after the notice, the Statute gives the Water Resources
Division authority to make the correction at the expense of
the owner. A bill in the current Legislature would make the
expense of this valving, capping or plugging a lien against
the property if the owner did not make proper payment.

We have one man in the Water Resources Division, Jack Wood&rd
at Leesburg, who is our field representative to look after
these flowing wells and to assist in valving, plugging or
capping such wells. Obviously, he can investigate only a
limited number of such uncontrolled wells and the main
reliance for their correction is in the hands of the owners







DIVISIONS ADMINISTRATION SALT WATER FISHERIES GEOLOGY WATER RESOURCES WATERWAYS BEACHES AND SHORES
S/









Mr. Gibbons
Page Two
June 30, 1967


and the county representatives who must assist. The County
Commissioners of Brevard County, for example, have noted the
problem in their area and have volunteered to work with our
representative in the correction of the uncontrolled wells in
Brevard County.

I believe that you only need inform the Board of the Southwest
Florida Water Management District that the problem of flowing
wells is a continuing one which is being corrected as fast as
the means will permit. It is very properly the responsibility
of the owners of property with flowing wells and the Southwest
Florida Water Management District personnel can help by calling
the attention of the Water Resources Division to violations which
the owners refuse to correct. It would be appropriate also to
encourage county officials to remind owners of their responsibilities.

I am enclosing a copy of Chapter 373 of the Florida Statutes for
your use in the next Board meeting, which I will not be able to
attend. Frank Mohler will attend in my place and will be able
to answer questions which may be raised.

Sincerely,



J. V. Sollohub
Director
Division of Water Resources


Enclosure




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs