Title: Opinion File 78-78
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Permanent Link: http://ufdc.ufl.edu/WL00003540/00001
 Material Information
Title: Opinion File 78-78
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 78-78
General Note: Box 14, Folder 5 ( Opinions 1976 - 1977 - 1976 - 1977 ), Item 92
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003540
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







December 19, 1977 KEYWCRS': ....



TO: MGG
FR: LMB
RE: Proper Party Applicant


Ed Curren takes the position that the only proper party to
apply for a consumptive use permit is the person in possession.
He states that "a lessee in possession, particularly an agricultural
lessee, having the right of use of the quantities of water
reasonable, beneficial and necessary for his purposes, is the only
proper party to apply for a permit."

He goes on to state that "this particularly applies to a new
use permit in connection with property for which there was no
existing use or the existing use has not been protected by
permit."

This question arose in connection with a recent permit application
where the lessee applied for the permit. The owner then requested
that the permit be granted to her as owner of the specified land
rather than to the lessee and the lessee concurred. Ed took the
position that this was improper.

As you may recall, during the governing board meeting I stated
to the board that I saw no reason why the owner could not be
substituted for the lessee since they both concurred in this.
Otherwise, I was suggesting that the permit be issued to them
jointly to run with the land.

If we ever get a few minutes, I would like to discuss this with
you.


LMB/gw


cc: TEC




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