ASCE Regulated Riparian Code and Florida's Regulated Riparian Experience: The Role for Voluntary Reallocationby Phyllis Park Saarinen,
Mark D. Farrell,
Document Type: Proceeding Paper
Part of: North American Water and Environment Congress & Destructive Water
The American Society of Civil Engineers (ASCE) model state water code for states under riparian common law offers a comprehensive administrative permitting process for allocating water use entitlements. Florida has twenty years of experience with the Florida Water Resources Act (Chapter 373 Florida Statutes) similar in many respects to the ASCE model code. Areas of concern which have developed in Florida's permitting process are treatment of public water interests, private water interests, and allocation of scarce water among private water interests. Comparison of the two institutions across these areas of concern demonstrates the important role to be filled by an institutional process specifically designed to facilitate the transfer of developed water to new uses. In other words, market-based processes for trading water use entitlements have significance for eastern water permitting legislation.
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