Title: Letter to Victoria J. Tschinkel from Michael J. Gaylor, Chairman, Joint Water Task Force, Pinellas Suncoast Chamber of Commerce, Inc. re: Rules of the
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 Material Information
Title: Letter to Victoria J. Tschinkel from Michael J. Gaylor, Chairman, Joint Water Task Force, Pinellas Suncoast Chamber of Commerce, Inc. re: Rules of the
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Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00052963
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
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Full Text



November 12, 1981 S Vun(Cs

Ms. Victoria J. Tschinkel \
Department of Environmental Regulation
2600 Blairstone Road
Tallahassee, Florida 32301

RE: Rules of the-Department of Environmental Regulation
Chapter 17-40, Water Policy

Dear Madame Secretary:

A review of the minutes of DER's September 29th workshop regarding the
addition of private property rights language to Chapter 17-40 indicates
that the Department is considering two statements for inclusion into
DER's Water Policy:

In implementing consumptive use permitting programs, the
department and districts shall recognize the rights of
property owners to make consumptive uses of water from
their land and the rights of other users, as limited by
law, for reasonable beneficial uses in a manner consistent
with the public interest that will not interfere with any
presently existing legal use of water.

Consumptive uses of water in quantities which cause
significant adverse impact on offsite land uses or legal
uses of water shall be curtailed or abated unless the
impact can be mitigated by the permitted.

The Board of Governors of the Pinellas Suncoast Chamber of Commerce
requests that the following comments concerning adoption of language
concerning private property rights into Chapter 17-40 be considered by
DER during its public hearing on- November 17, 1981:

St. Petersburg / Clearwater Airport 239
Clearwater, Florida 33520 (813) 531-4657
LOCAL CHAMBER ORGANIZATIONS: Clearwater / Dunedin / Holiday Isles / Largo /
Madeira-Redington Beaches / Pinellas Park /
St. Petersburg Area / St. Petersburg Beach /
Seminole / Tarpon Springs / Treasure Island
/ oQ-C^ (; /" 0 /
6-0 V-

S Ms. Victoria J. Tschint
November 12, 1981
Page Two

The Pinellas Suncoast Chamber of Commerce, which is an affiliation of
over 8,000 businesses in Pinellas County, believes that the issue of
private property rights with regards to water is a legitimate concern
for them both as property owners and water users. The Chamber's Board
of Governors has adopted the following policy position with regards to

Water is a resource of the State. The Chamber believes it
should be the policy of the State to provide water supply
for all reasonable and beneficial uses requested by
municipalities, governmental agencies, and other certified
or licensed water supply agencies.

Based on this policy it is the Board's opinion that no language with
regards to-private property rights be added to Chapter 17-40. We believe
that the Courts have adequately addressed the issue of water rights as
related to property rights. Any language concerning private property
rights adopted-by DER could possibly embroil government and private
sector concerns in-a costly and futile legal battle. This legal battle,
although there might technically be a winner, would be so devisive as to
set back the clock with regards to management of the state's most valuable
resource water. As a side note, we would also like to go on record as
being opposed to any changes, at this time, to the recently adopted
version of Chapter 17-40 (July 1, 1981). We believe that the Department
and the water management districts should be given ample time to work
within the guidelines of the language as currently written. Operational
considerations should dictate any future changes to Chapter 17-40 not
philosophical argument.

We do-not-view our position-with-regards to adoption of private property
rights language as being negative. We are vitally concerned as private
businessmen that a meaningful balance be struck between the various
competing uses of water. However, we believe that the introduction of
private property rights language into Chapter 17-40 would be a negative
rather than a positive contribution to the solution-of Florida's water
supply dilema that-is, geographic distribution of fresh water resources
as compared to the geographic distribution of reasonable and beneficial

We hope that our position 4n- th-is- matter-wi-l--be-of-benefit-to- you,
Madam Secretary, as you weigh your alternatives. If I can be any
further assistance to you in this matter please do not hesitate to
contact me.

Sincerely yours,

4 e Gaylor
s Chairman
Joint Water Task Force


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