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VIEWS 0? THE
FLORIDA GAME AND FRESH WAIEH FISH COMMISSION
In Regard to
Lake Water Rights and Usage:
by
Jte DI
Director
The Game and Fresh Water Fish Commission is delighted to take part in
this symposium on lake ownership and use for several reasons. First,
we are pleased because such a meeting as this indicates increased public
interest in a liheuioe increasing public problem. And secondly, it
gives us an opportunity to discuss our views on a subject which we have
an assigned responsibility.
is you probably know our agency. through a public referendum in 19%2.
was delegated to preserve and protect the fish and wildlife resources
or the state and to provide for their proper usage by the public.
Protection of the resource is accomplished by several means, the most
obvious or which is by enactment and enforcement of certain rules and
regulations concerning seasons and bag limits. A lea: obvious means
is that of habitat improvement or habitat preservation.
It is apparent that the Commission has no authority oVGr Hater, whether
that Water be found in lakes, rivers, streams, ponds or swamps. The
Commission's authority is confined to the fresh-water fish, game for
hearing animals and birds, and not to the water in which such a ls
may be found.
The degree of authority possessed by our agency over any given land
area determines the degree or management or protection that is possible.
an lands which we nave little or no jurisdiction we try to salvage as
much of the habitat as possible through publicity, education and the
promulgation of proper land use practices. Thus on certain private
lands over which we have absolutely no legal control it is often oeslble
to remote certain wildlife management practices which are compat ble
vi the desired major land use of the acreage involved. In other in-
stances we are able to carry out a more intensive and sound management
program because of the greater control we have over certain areas.
This for example, includes the four million acres of land in the state
which our agency has developed into wildlife management areas through
couperative agreements with interested landowners. It is on such areas
that we are able to improve the habitat and at the same time rovide
hunting opportunities for the public. no land that is owned y the
state we can do even more intensive development.
So much for the dry land aspect of our program. We mention it primarily
to point out how the degree of our wildlife management practices is
correlated with the degree or our control ever given land areas. But
it applies to the subject at hand. or concern to us today (and yester-
day and tomorrow) is the wetland aspect comprised or our many lakes,
rivers, marshes and other waterways. It is in these areas that great
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concentrations or fisn and wildlife populations occur and rocrcotionai
opportunities exist. orthond it would apgcar that our agportunitios
in this particular typo of habitat would 0 unlimited. irat, it
would bo unlimited because of the thounonda and thousands of nor: of
unto: and marsh round in the state. uncondly, it would be unlimitod
because of the ostensible lock or privatc ounoranlp to interfere with
tho propcr rctaction, developmunt and management or these areas for
fish and wl dlir and rccrvotion.
However, such is unfortunately not tn: case. As a-gioring example 0:
this lot it to pointed out that at tho supposedly 30,000 or more named
lakes in Florida, less than 200 are ncandorcd and considcrcd to be
legally in state ownership. And or oven greater impact is the loot
that loan than nair of the 6? coutiaa in Florida contain legally recog-
nized public lakes.
in analysis or this situation indicates two broad methods of approach
to combat this unsavory situation. The first approach is throuch public
demand for legal action to press forward and pursue all approaches and
exhaust all moons in dotormininc tho right or the public to use_many
of tho unmoandered lakes in Florida. 2! we are to continua witn the
present attitude in allowing many or our iakea which have been used
constantly by tho public in the not to be now fenced off or otherwise
isolated we will soon find curse V03 in on untenable position. It
could and up in a situation uhuro wc haVQ "watcr water evvrywncrc. but
not a drop to -'- ruin in fish in, boat on p-cnic around, or perhaps
to even look at freely. This particular problcn has many legal inVoch-
monts and we snail not dwcll on this phone slncc tncro are other:
precont ncre more qualified to elaborate on the subject.
The second approocn logically is to provide a program which will
pronorly and adequately protect thorn lakoo which are clearly establish-
ed as being public. By 'prntcct" Ha moon to safe card the physical and
chemical oupoct of tho lake and ot the came time 0 provide for its
porpetuol use by the public. To maintain the desirable physical and
chemical properties of the lake wc moon the proacrvotion or adequate
shallow voter for the production of nwooaanry waterfowl foods and tho
provision or reading and spawning arena for rich. Also we noon control
of surrounding land uses in order to keep these lakes uncontaminated.
And in order to guarantee perpetual uoagu by the public we noon the
acquisition of certain minimum shore lines by the state in order to
preclcdo uncirclemont of the loan by private ownership with resultant
cxcluciun or the public.
Us would like to briefly mention our activities related to tho second
facet of the picture which concerns administrative control over the
present legal y recognized public lahos of Florida. These lakes, or
awards, are under the Jurisdiction of the Trustees of the Internal
Improvement Fund and as such that ogcncy has the authority to dictate
moons for preservation or alteration or tnoir physical character. For
example, ii an individual owning voter front prOpcrty Hunted to imprch
his shore lino frontage, he could apply to the Trustees for permission
to rench lake bottom material to dchlop n12 frontage. To carry this
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further he could also obtain permission to alter his share line erect
certain shore line structure: or perform any of several activit as on
public lake bottoms fronting his property.
However, this uas more at an administrative procedure rather than a
aanageaeht measure inaseuch as the Trustees did not have sufficient
personnel to actually conduct field investigations to deternine the
suitability of the proposed activity. at the sane tine the Gene and
Fresh Water Fish Commission was becoming increasingly concerned with
the aushrooaiha water front development taking p1sce_on many previously
'touched lakes in the state. Thercfore, it was logical for the
Trustees and our Commission to :nin forces in a mutual effort. Thus in
September 1958 a join: program was initiated wnarein all individuals
taxing ap ication to the Trustees for approval to develop their share
lines wou d have such application submitted to our Commission for
review before final action was taken.
rhia has been a great stride in the right direction. a working arrange
ment has been Set up within our Commission whereby applications received
ran the Trustees' office have boon promptly processed. We have assigned
ten of our biologists located strategically around the state to perform
the necessary field inspection, contact the applicant when noceaeary,
and prpaare the field report. During the past year approximately
twenty such inspections were made and reports node to the Truatuaa'
office wnoreln recommendations regarding these applications were given.
This activity continues.
Whlim this is a good start thurc is still auch to be done in this
regards. First, it is apparent that there re many unauthorized dredging
and filling Operations being carried out today which are drastically
affectih many of our lahea. It in assumed that nest of those unauthori-
sed dove apnents are tat place because these developers do not
realize that state approve is required before state owned land bottoms
can bu tampered with. in this connection our Coaaisaion has instructed
all personnel to prosptiy report all cbservcd dredging and filling
operations to the Tallahassee office for forwarding to the Truateas'
office for subsequent action. It is not the intention of either the
Trustees or our Commission that needed and preper shore line deve10p~
neat be forestaiied but it is our Joint intention that such activity
be properly regulated and the public can help by participating in this
reporting endeavor.
who has the rights or ingress and egress to such lakes, :ivara and
streams? If the public owns the water in the lakea--aa set forth in
The water :oiicy or the State of Florida, enacted by the 1955 Legislature
--uhile a private citizen owns the land surrounding the public water,
can the citizen-owner bar the public from reaching the public water.
In such cases. does anyone have thf legal right to take action to force
the individual to allow access cyar p ivate property to public water?
If so, who has the responsibility of taking legal action on behalf of
the public?
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Another ever-growing problem in Florida is water pollution, caused by
industrial, municipal or private sewage and waste products that may be
dunped into or filter into the public waters of the state.
Another problem is the control of water levels. Who shall say at what
level what body of water shall be held for the benefit of what sections
of the general public? Obviously, not all water interests can be served
by the same water level, since tne water level requirements may be
different for different water users. Obviously water level fluctua-
tions play a major role in the production or both fish and wildlife.
a seemingly simple fluctuation of water level may present tremendous
complications because of the ensuing change in the entire ecology of
food organisms, as well as aquatic plants which may be used by fish and
wildlife for food, cover, and spevning sites.
Control of noxious water vegetation is another problem. What rights
re involVed in attempting to control undesirable water Vegetation, and
the sources of such infestations? Who shall have the authority of
defining what water Vegetation is desirable and what vegetation is un-
desirable? dome vegetation mag be beneficial for fish and wildlife,
some vegetation may be partly eneficial and other vegetation completely
detrimental. Different water users have different requirements for the
control of vegetation. The voter-skiier wants his water completely
free of all obstructions, while the fisherman wants some vegetation and
obstructions in the water to serve as food and cover for the fish. who
shall determine which interest shall be served first or last?
The management of fish populations. Even though this is technically
under the Jurisdiction of the Game and Fresh Mater Fish Commission,
problems do arise when a single owner, or group of owners, objects to
certain fish management practices which benefit the general public.
Next in the list of problems is dikes and levees. bikes and levees
have been, and are now being, used to "reclaim" lake and stream bottoms
.ich were once a part of our most productive fisheries and Wildlife
habitats. Let us not forget our valuable shorelines and marshes, since
shorelines and marshes provide spawning and feeding areas for fish and
nesting and feeding grounds for many species of birds and vaterfov .
Finances. the Game and Fresh water Fish Commission is diarged with the
management, restoration, and wise use of our fish and wildlife. The
money to carry out these objectivws is derived from the sale of fishing
and hunting licenses. no public water, or no public access to the public
water1 means no fishing license and few hunting licenses and, subse-
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quent no money to manage, restore and wisely use our fish and wildlife
resources.
We must evaluate water potentialities to determine the overall economic
importance in relations to fish and wildlife and the future recreational
requirements of the rapidly expanding population.
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In view of the progress which has been made during the past year or
twowe look optimistically to the future. However, we need to do a lot
or catching up so that we cannot afford to be nonchelent in this endeavor.
The existence of this symposium is a step in the right direction and we
have appreciated the opportunity to participate in it.
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3/21/60
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In view of the progress valeh has t:+m made durir.g the past ye:ar or to:-Je lex uptimistically -.3 th-2 fa-are. Broover, -20 need to de a lot of eatori.Ing tip so trtat we car:not affard to be nonclialant in ';his endeavor The existence of t.is aya-.po.cir; 3a a st-sp iti the rigat direction and we have approc: ated 27.<: oppcrtuni-,y t-.prttic irate '. i t, -End 3/2../60
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