Title: Opinion File 75-58 thru 75-59
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Permanent Link: http://ufdc.ufl.edu/WL00003441/00001
 Material Information
Title: Opinion File 75-58 thru 75-59
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collectons - Opinion File 75-58 thru 75-59
General Note: Box 14, Folder 4 ( Opinion File 1974 - 1975 - 1974-1975 ), Item 69
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003441
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


GIBBONS, TUCKER, MCEWEf SMITH, COFER & TAUB
ATI*RNEYS AND COUNSELLORS AT LAW 75-
006 MADISON STREET. P.O. BOX 1363
lM. IG. GIBBONS. 1862.11)39
TAMPA. FLORIDA 33601 o~ U IB GIBBONS. l o90-1970
(813) 228-7841 LESTER M. LAIN PHILIP Ir. IAZZAlA
? M JOSEPH B. COFER JAIES M. MCITVEN
THOMAS E. CONE, JR. MALCOLM P. MICEKLLEA. III
A. FLETCHER DYCHES K. BRADFORD MILLER
J.. MICHAEL FORD WILLIAM R. PLATr
November 5 1975 ARTHUR S. GIBBONS SHARON R. SELK
November 5, YRON o. GIBBONS AHMIN Hi. SMITH. JR.
ROBERT C. GIBBONS RICHARD N. STIEIN
SAM M. GIBBONS THEODORE C. TAUB
JOHN A. GUr ON, JR. WM. EAR.E TUCKER
VICTORIA I. HUNT JACUEISlKII R. WHATLEY
ROlI1ET V. WVILIAMS


Mr. Jay T. Ahern. IS v I.-l T.
Staff Attorney
Southwest Florida Water
Management District
P. O. Box 457
Brooksville, Florida 33512

RE: Power Plant Siting Law, Section 403.501, et. seq.,
Florida Statutes

Dear Jay:

I have reviewed your letter of October 14, 1975 and your
memorandum to James A. Mann of September 26, 1975.

I agree that there is no doubt that the District's
< proprietary interests are preserved and are not preempted.
The issuance of a site certification to an electrical
power plant may be in lieu of any "permit, certificate,
or similar document," but it would not dispense with the
necessity for acquiring permission from Southwest Florida
Water Management District for any use that the power
plant may need to make of any work of the District.

I think it would also be appropriate to send a map of the
District to the Governor, as chairman of the pollution
control board, with a request that the District be consulted
for its views, pursuant to 403.505(2)(d), F.S., in connec-
tion with any site plans proposed within the District and
that SWFWMD be given notice and made a party to any power
plant siting certification hearing involving a site located
within the bounds of the District as authorized by Section
403.508(4) (a)5., F.S.

You may want to refer to Section 5.(2) of Chapter 75-22,
Laws of Florida.

As I have mentioned to you over the phone, we are beginning
to get our message across and I now am hearing legislators
voluntarily assert at legislative committee meetings and
other places that "we've got to get these power plants off
4 freshwater and on to saltwater."









Mr. Jay T. Ahern 2 November 5, 1975


On the letter to the Governor, I would suggest that it
be written for signature by the chairman, once again
setting out the great concern over the present trend
toward making long term commitments for consumptive use
of enormous quantities of freshwater for power plant
cooling when we have an unlimited supply of saltwater
available for this purpose. A courtesy copy of this
letter should also be sent to Jay Landers as well as to
Paul Beam.

Sincerely,



L. M. Blain


LMB/gw




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