| OCR Text |
Show 220 FLORIDA use of water without obtaining a permit from the governing board or the department. However, no permit shall be required for domestic consumption of water by individual users.8* The substantive conditions and administrative procedures to be followed in obtaining permits have already been discussed in sec- tion 2.1.3, above. 3.2 Nature and Limit of Rights Since the new act supplants riparian rights with a permit system, no useful purpose would be served by surveying the case law which served to define riparian rights prior to the permit system. For the reader who is interested, it might be noted that Florida follows the "reasonable use" version of riparian rights, and the major cases in this area have been evaluated by other writers.95 And it should also be pointed out that riparian rights are much broader than rights of consumptive use of water (involving rights of access to waters, ownership of accretions and relations, etc.), and these broader as- pects of riparian rights are not supplanted by the new permit pro- cedures. However, it is actual, consumptive water use which is of present in- terest, and permits are required for such use. The nature and limits of consumptive use permits have been explained in section 2.1.e of this chapter, supra. 3.3 Changes, Sales, and Transfers Strangely, the new legislation is silent about transfers of consump- tive use permits. It is implicit, however, that permits cannot be transferred if the new owner would change the place of impound- ment or diversion, the place of use, or the nature or character of use.98 If the prospective purchaser of a permit intends to continue the same manner, method and place of use, then there might be little difficulty accomplishing a transfer, but the purchaser (or the seller) probably would be required to file some notice of the transfer so that the administrative agency would have accurate records of cur- rent users.97 And it is possible that an application for a new permit would be required, or that a request for a transfer would be treated as an application for a new permit. The statute does provide for changes in water use, including increased consumption, through filing applications for "modification" of existing permits.98 And there is express authorization for transfers of permits to operate and maintain dams.99 Prior to the permit system, riparian rights were automatically transferred with riparian land, unless special provision was made for a reservation or severance of the riparian rights in the instru- ment of conveyance.100 B*Sec. 373.219(1) (1972 supp.). 85 See Maloney et al. note 1 supra, at 29-97, 104-139, 164-66 172-197. See also note 2 at 98, note 4 at 99, and 129-30. »O/. Sec. 373.239 (1972 supp.). ™Cf. Sec. 373.416(2) (1972 supp.). 88 Sec 373.239 (1972 supp.). "Sec. 373.416(2) (1972 supp.). 100 See discussion in Maliney et al., note 1 supra at 95 et seq. |
