Title: Opinion File 67-46 thru 67-49
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Permanent Link: http://ufdc.ufl.edu/WL00003263/00001
 Material Information
Title: Opinion File 67-46 thru 67-49
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collection - Opinion File 67-46 thru 67-49
General Note: Box 14, Folder 2 ( Opinion File 1961-1971 - 1961-1971 ), Item 51
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003263
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
A.


November 17, 1967


Mr. Dale Twaohtmann
Executive Director
Southwest Florida Water
Management District
P. 0. Box 216
Brookaville, Florida 33512

Res Scott Lake

Dear Dales

Receipt is acknowledged of your letter o
concerning the above matter.

Chapter 378.01 of the Florida Statutes p:
management district can be created for

3. To determine, establish and c
waters to be maintained in all canals
channels, reservoirs, streams or other:
owned or maintained by the district,
such waters at the levels so determine
by means of dams, locks, flood gates,
structures and to regulate the dimah
drawal from the canals, lakes, rivers
voirs, streams or other bodies of wat
tainted by the district, or which are
district.

The Southwest Florida Water Management D
established for the purposes of Capter
opinion that if Scott Lake is a body of !
tainted by the District, or which is a wo
then pumping from the lake can be contrd


e November 9, 1967,


:ovidqs that a water
de following purposes

mtrol levels of
, laes, rivers,
r bodies of water
mnd to maintain
fd ad established
dik and other
irge Anto ot with-
, chahels, reser-
ir owned or main-
m work of the


Lstrict was, of course,
078, and it is my
4ater owned or main-
rk of the District,
led by the Southwest


67^*

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L~ievLea

Ij^e 4 f 1s M


I _










Mr. ale Twachtmann


Florida Water Management Districty howev
not a body of water owned or maintained,
of the District, then we have no authorO

The property owners bordering Lake Scott
remedy to stop said pumping under the ge
of Florida. This law provides that the,
margin of a natural lake or bond have th
natural level of the water maintained so
enjoy the advantages attendant on ripari
protected from the disadvantages of havi
bottom land left in front of the owner's
Section 298.74, Florida Statutes, there
a lake is more than two square miles in
drain or withdraw water from it so as to
out first obtaining the written consent
property abutting on, or bounded by, the

I hppe this answers your letter of Roveni
further questions, please call upon me*

Sincerely,


Myron G. Gibbons


love ber 17, 1967
2




ar, if Scott Lake is
or which is a work
by over the hame.

, of douoe, have a
qeraL law of the State
wn es of land on the
s right to have the
as to be allowed to
in pw.mership and to be
Rg aR trip of uncovered
property. Also, under
is a provision that if
Jre,. it is unlawful to
change the level, with-
of all of the owners of
lake.

i 94 $f you have any
'*i


I


-.-p---nar~----


i- i; ,


67


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SouUthwrest F
Water Managena


lorida
)nt District


EDWARD MEDARD, Tampa
Chairman
CHARLES K. CHEEZEM, St. Petersburg
Vice Chairman
C. J. KNOWLES, Leesburg
Secretary
RUFE C. WYSONG, Lake Panasoffkee
Treasurer
E. B. LARKIN, Dade City
Assistant Treasurer


P. O. BOX 457
BROOKSVILLE, FLORIDA
3512

November 9, 1967


JAMES E. CONNOR, Crystal River
KIRK DRIVER, Ocala
ARTHUR M. PICKARD, Lakeland
DERRILL McATEER, Brooksville

Dale Twachtma&tr Executive Director
F-.


Mr. Myron Gibbons
P. O. Box 1363
Tampa, Florida

Re: Scott Lake

Dear Myron:


Enclosed is a copy of a letter I received from Mr. Roth, cn attorney representing several
property owners on Scott Lake, which is located south of .akeland. Mr. Roth called me
about a week ago to say the owners were quite concerned over the extremely low level
of the lake and that it was the desire of the property owners who live on the lake that
we prohibit the grove owners around the lake from irrigating by pumping from the lake as
this further lowers the level.

I told Mr. Roth that this District was well aware of the Idw condition of Scott Lake and
that we were at this time making a study and trying to determine the best location for a
control structure whereby we could conserve water in the lake during times of excess rain-
fall. I also told him that I did not believe that this District would wish to stop anyone
from using the waters of the lake and further, that I did not believe the District, legally,
could prohibit anyone from pumping from the lake for these purposes.

I would appreciate your ideas as to how this letter should properly be answered.


Sincerely,



DONALD R. FEASTER
Acting District Engineer

DRF:asm

Enclosure
pH Build


ing a modern Ark The "Four River Basins, Florida" project


6W7


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FRANK C. STANLEY. JR. > d2083 BARTOW AVENUE
tODNEY OURRANCE P. 0. Box 918
MAAVmN 0, WOODS AUBURNDALE. FLORIDA 33823
J. MASON WINES REPLY To: Lakeland, Florida PH. AUBURNDALE 967-4101
JOHN MANN.JR. LAKELAND 682-4347
ILL o.RoTH November 7, 1967 s149 LAKEIAND HILLS BLVD.
SLAKELAND, FLORIDA 33801
TELEPHONE 686-2139



Mr. Donald R. Feaster
Operations Engineer .
Southwest Water Management District
P.O. Box 216 17 A
Brooksville, Florida 33512

Re: Scott Lake

Dear Mr. Feaster:

I appreciate your discussing with me over the
telephone the problems confronting the property owners
on Scott Lake near Lakeland, Florida.

( Would you please confirm by letter the fact that the
Southwest Water Management District would be unable to
bring any legal proceedings or injun tive proceedings con-
cerning the prohibiting of pumping from Scott Lake.

Thanks again for the interest you have shown in
this problem.

Sincerely yours,

STANLEY, DURRANCE, WOODS & WINES



Bill D. Roth


BDR/bj R




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