How is water rights ownership evaluated?
Water rights ownership in Florida is determined in a variety of ways depending on the type of water resource in question. Generally, if a water body is located on private land, the owner of that land is the primary owner of the water resource, although there may be exceptions in certain cases. In cases of groundwater, owners of land are generally given the right to pump and use the groundwater under the land. This is known as the doctrine of "correlative rights," which is a principle of water law that assigns rights to landowners, require them to use the resource prudently, and further requires them to not unreasonably interfere with the use of the resource by other owners. If a water body is navigable, then the public generally holds a right to navigation, fishing, and other recreational activities associated with the water. In this case, the local government may have a right to regulate the water usage, including assigning permits and approving different uses. Finally, rivers, lakes, and certain types of wetlands may be placed under the jurisdiction of the government if certain conditions are met. In these cases, the government is tasked with allocating the water resources in a responsible manner, usually with the aim of preserving the ecology of the water body and protecting it for future generations.
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