In Florida, the State owns anything under water. If you own significant acreage, and if a spring originates on your property, others may canoe, swim, or even walk upstream to the spring and cavort therein day or night. They may not, however, touch the riparian land adjacent to the run or the spring without your permission. Same for beaches: in Florida, they belong to everybody, and only the State can restrict access. I don't know how far inland that right extends, but it isn't very far.
The State also requires public beach access every 1/4 mile, but enforcement is very poor, and wealthier communities keep their beaches private by not having access and not allowing parking on the nearby streets.
SEMPITERNAL
I can understand how wealthy property owners can prohibit beach access. It's called the Golden Rule (as in, "he who has the gold rules").
But riparian rights coming into play when a spring comes up on your own land seems at odds with the concept of land ownership, which holds that, when we own property, we own it to the center of the earth and to some undefined point in the atmosphere. (That's why we have mineral and water rights.)
According to Florida law:
With the purchase or sale of real estate comes certain air rights, mineral rights and water rights. Water rights include the use of underground water as well as water that touches the owner's property.
Seems the State of Florida is contradicting its own laws by imposing riparian rights on a spring that just sort of pops up all by itself.
Could be an interesting study in semantics all own its own.
But riparian rights coming into play when a spring comes up on your own land seems at odds with the concept of land ownership, which holds that, when we own property, we own it to the center of the earth and to some undefined point in the atmosphere. (That's why we have mineral and water rights.)
According to Florida law:
With the purchase or sale of real estate comes certain air rights, mineral rights and water rights. Water rights include the use of underground water as well as water that touches the owner's property.
Seems the State of Florida is contradicting its own laws by imposing riparian rights on a spring that just sort of pops up all by itself.
Could be an interesting study in semantics all own its own.
Ars longa, vita brevis
The statute you quoted gives the landowner rights to use the water, but without a special dispensation by the state, he may not restrict others from its use, provided they do not infringe on dry land that he owns.
There are some exceptions. State parks occasionally restrict access to springs from downstream, either for safety reasons, to guarantee paid access to the park, or to protect something (usually manatees) that use the spring in the winter months. Some private enterprises have also been given permission to restrict water access to springs from downstream. Silver Springs and Homasassa Springs (both privately owned) come to mind.
Unless things have changed in the last decade or so, the public is still allowed to follow streams up into springs on private property, swim, dive down and examine the boil at close range, etc., as long as the dry land is left untouched.
There are some exceptions. State parks occasionally restrict access to springs from downstream, either for safety reasons, to guarantee paid access to the park, or to protect something (usually manatees) that use the spring in the winter months. Some private enterprises have also been given permission to restrict water access to springs from downstream. Silver Springs and Homasassa Springs (both privately owned) come to mind.
Unless things have changed in the last decade or so, the public is still allowed to follow streams up into springs on private property, swim, dive down and examine the boil at close range, etc., as long as the dry land is left untouched.
Beck
"I don't know whether ignorance or apathy is worse, and, frankly, I don't care." - Anonymous
"I don't know whether ignorance or apathy is worse, and, frankly, I don't care." - Anonymous
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- Great Grand Panjandrum
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- Great Grand Panjandrum
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- Great Grand Panjandrum
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- Grand Panjandrum
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Not that, possessing neither the requisite convictions nor the voice, I've ever been a choir boy, but shouldn't that be «sempiternam», with an «m» in the stem ?...... At the conclusion of the third time this word was the last word in the rendition:
"Agnus Dei, qui tollis peccata mundi, dona eis
requiem, sepiternam". (Lamb of God who takes away the sins of the world, -give him/her rest, eternally".)
Henri
曾记否,到中流击水,浪遏飞舟?
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