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ChMles E. ROOMY
O MAY 22 1981 arry Doe

NLY Dept. of Environmental Regulation OEMRAL MANAER
Office of General Counsel Goe ""


May 18, 1981


Victoria Tschinkel, Secretary
Department of Environmental Regulation
2600 Blair Stone Road
Twin Towers Office Building
Tallahassee, Florida 32301

Re: State Water Policy

Dear Ms. Tschinkel:

The West Coast Regional Water Supply Authority is an administrative agency
duly created under Chapter 373, Florida Statutes, by an inter-local agree-
ment made and entered into on October 25, 1974, between Hillsborough County,
Pinellas County, Pasco County, the City of St. Petersburg and the City of
Tampa. The statute and agreement authorize and direct the Authority to
develop, store and transport water for sale to counties and municipalities
in order to insure an adequate water supply for all citizens of the tri-
county area. In carrying out these functions, the Authority is required
to give priority to reducing any adverse environmental effects of excessive
or improper water withdrawals.

Presently, the West Coast Regional Water Supply Authority manages and operates
two regional water supply wellfields. By virtue of water supply contracts
with several of its members, water from these wellfields supply approximately
750,000 persons in Pasco County, Pinellas County and the City of St. Petersburg.
This makes the Authority the fifth largest utility supplier in the State of
Florida. Currently, the Authority is entering into leases for wellfields
currently operated by its members and supply contracts for new water supply
facilities in Hillsborough County. Once this acquisition and construction are
completed, the Authority will be supplying water to over 1.5 million citizens
in all three counties.

It has recently come to the Authority's attention that an amendment has been
proposed to Sections 17-40.04 that would establish private property rights in
water. It is the Authority's position that such an amendment has no place in
the Water Policy of this State. It is our belief that such an amendment would
be legally incorrect. It is well established under Chapter 373 and the Tequesta


114 "






Victoria Tschinkel, Sec ry
1-8,l 18, 1981
Page Two


case that the water resource in a water management district, which has adopted
a consumptive use permitting system, is held in common for the general public.
A property owner's right to water flowing through his property or underlying
his land is conditioned upon obtaining a constumtive use permit.

Sincerely,



Corinne Freeman, Mayor of the City of
St. Petersburg and Chairman of the
West Coast Regional Water Supply
Authority

CF:ndr

cc: vTerry Cole, Esq.
Southwest Florida Water Management District
South Florida Water Management District
St. John's Water Management District
The Suwanee Water Management District
The Northwest Florida Water Management District
Governor Bob Graham
Hlllsborough County Legislative Delegation
Pinellas County Legislative Delegation
Pasco County Legislative Delegation


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