LAW OFFICES
BLAIN & CONE, P. A.

L. M. BLAIN 202 MADISON STREET
THOMAS E. CONE. JR. P. 0. BOX 399
RUSSELL M. BLAIN TAMPA. FLORIDA 33601
GARY A. GIBBONS (813) 223-3888
FRED A. McCORMACK March 20, 1981
206 SOUTH MONROE STREET
P. O. BOX 10449
TALLAHASSEE. FLORIDA 32301
(904) 222-0960


REPLY TO: Tampa office



E. C. Curren, Esquire
Assistant Staff Attorney
Southwest Florida Water
Management District
5060 U. S. Highway 41, S.
Brooksville, Florida 33512

Dear Ed:

The following statements have been suggested for inclusion in
the State Water Policy:

1. In implementing a consumptive use permitting
program, the Department and District shall recognize
the rights of the riparian owners to make a consumptive
use of an equitable portion of the surface waters.

2. In implementing a consumptive use permitting program,
the Department and District shall recognize the rights
of the overlying property owners to make a consumptive
use of an equitable portion of the underlying ground
waters.

Please research this and give me a short, concise memorandum
in answer to these questions:

1. Is each statement consistent with current Florida law?

2. If so, by what authority?

3. If not, with what authority is it inconsistent?

Sincerely,



M. Bla


LMB/sb


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