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MEMORANDUM


October 30, 1981


TO: LMB

FR: TEC c

RE: State Water Policy/Property Rights



DER has scheduled continuation of the hearing on this matter
November 17, 1981 at 10:00 A.M. The hearing will occur at the
Department of Environmental Regulation, 4th Floor Conference B & D,
Twin Towers Office Bldg., 2600 Blair Stone Road, Tallahassee, Florida.

A copy of the text of the proposed rule is attached.


TECjr/cer




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THE FULL TEXT OF THE PROPOSED RULE IS AS
FOLLOWS:
17-40.04 Water Use
(5) In implementing consumptive use permitting
programs, the department and the districts shall recognize
the rights of property owners to make consumptive uses of
water from their land and the rights of other users to make
consumptive uses of water, as both 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.
(6) Nothing in this Chapter shall be deemed to
authorize a permitted to make consumptive uses of water
which cause significant adverse impact on off-site land uses
or legal uses of water, or abridge the right of affected persons
to seek redress or mitigation of such significant adverse
impacts, in an appropriate forum.
Specific Authority: 373.026, 373.043, 403.805, F.S.
Law Implemented: 373.036, Part II, 373, F.S.
History: New.


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