Florida Citrus Mutual

Material Information

Florida Citrus Mutual


Subjects / Keywords:
South Florida ( local )
Water management ( jstor )
Land ownership ( jstor )
Spatial Coverage:
North America -- United States of America -- Florida


Florida Citrus Mutual To: James Tatum, Southwest Florida Water Management District From: J.T. Griffiths, Director Special Projects May 28, 1981
General Note:
Box 9, Folder 6 ( SF- State Water Policy/Property Rights Issue - 1980-1981 ), Item 78
Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.

Record Information

Source Institution:
Levin College of Law, University of Florida
Holding Location:
Levin College of Law, University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.


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Florida Citrus Mutual
TELEPHONE(813) 682-1111 P. O. BOX 89 LAKELAND. FLORIDA 33802
I X..CUTIVt VSCe MPN.NT May 28, 1981 iz

Mr. James Tatum
Southwest Florida Water
Management District
5060 U. S. Highway 41, South
Brooksville, Florida 33512

Dear Mr. Tatum:

Florida Citrus Mutual has been in close touch with
SWFWMD staff, board and counsel concerning the state
water policy. I have talked to all of the watzr manage-
ment districts, and specifically had considerable con-
versation with Mr. Maloy at South Florida. I am very
hopeful that he will not feel that it is incumbent to
oppose this position.

Thus, we are proposing to ask that the following
language be included in the state water policy at the
June 8th hearing.

(5) In implementing a consumptive use permitting
program, the Department and Districts shall
recognize the qualified rights of property
owners to use the ground water under their
-i land for reasonable-beneficial purposes, and
shall continually seek maintenance of a
proper balance between competing users.

It is our position that this statement has no real
effect upon the permitting process that has already been
undertaken in the South Florida and Southwest Florida
Water Management Districts, but that in those districts
where permitting has not taken place, the rights of the
property owner to continue to use that which he has used
or that which lies under his land, but has not been used
by anyone, would be somewhat enhanced.
It is our opinion that the word "qualified" before
the word "rights" in the statement is in line with the
current court rulings that a property.owner who has a
consumptive use permit and makes use of that consumptive
use permit establishes some rights in perpetuity. It
would be our further contention that the right to use

CI '
Mr. James Tatum
ii May 28, 1981
Page 2

is already there, and that consumptive use permitting is
simply establishing that right, but the issue here is such
that the property owners rights had been "qualified" by
: the Tequesta Case. However, where consumptive use per-
1mits have not been granted, it would be our contention
that the property owner has a prior right for water either
as a result of his use, or as a result of his potential

We would consider that "implementing" is really the
process of putting consumptive use permits into place by
a water management district, and this has already been
done by both South Florida and Southwest. Implementing
might also refer to the establishment of allocation for
competing uses during periods of water shortage. It is
our contention that this paragraph would be beneficial
to the agricultural user and probably to land owners in
general in defining and interpreting allocation procedures.

We are hopeful that this specific position will be
supported by all water management districts including
South Florida. We recognize that there are some prob-
lems with that district, but we are hopeful that the
language herein will be beneficial to them as well as to

We are specifically requesting your support of this
position at the June 8th hearing before DER.
Sincerely yours,

J. .Griffiths
Di e or
Special Projects


cc: L. M. Blain
Don Feaster
Bruce Samson
Arch Updike