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View Full Version : ALERT! Re-Definition of Navigable Waters


Steve W
03-22-2005, 10:33 PM
One of the more serious issues out of the Northern RAC meeting was information given regarding legislation attempting to change the legal definition of “navigable waters”. The change would be to either allow it to end where no aquatic plants grow or where agricultural activity can be performed.

Here is a link to some info on navigable waters as defined by federal laws.
http://www.nationalrivers.org/us-law-menu.htm


This is a very serious issue for duck and snipe hunters. If you hunt an area that may have low water part of the year you could be considered trespassing and with a firearm it is a felony. Which could result in loss of being allowed to own firearms. As an example, in the Seminole area, the water area can fluctuate from 30 feet wide to hundreds of feet. Currently you could hunt the mud flats with no repercussions as it is considered navigable. The new definition would have you trespassing.

Here is what I have been able to find out about the bills.

House Bill – http://www.flsenate.gov/data/session/2005/House/bills/billtext/pdf/h136900.pdf

“The ordinary high-water mark on a freshwater river is not the highest point to which the water rises in times of freshets, but is the line that the river impresses upon the soil by covering it for sufficient periods to deprive it of vegetation and to destroy its value for agriculture.”

Bill Status:
03/04/05 HOUSE Filed
03/08/05 HOUSE Introduced -HJ 00118
03/14/05 HOUSE Referred to Environmental Regulation (SRC); Agriculture &
Environment Appropriations (FC); State Resources Council


Senate Bill –
http://www.flsenate.gov/data/session/2005/Senate/bills/billtext/pdf/s2104.pdf

“The ordinary high-water line is a water mark that is coordinate with the limit of the bed of a freshwater body; and that only is to be considered the bed that the water occupies sufficiently long and continuously to wrest it from vegetation and destroy its value for agricultural purposes.”

Bill Status:
03/07/05 SENATE Filed
03/16/05 SENATE Introduced, referred to Judiciary; Environmental
Preservation; Community Affairs; General Government
Appropriations

There is another bill that has to do with this, but I could not find the affect on this in the bill.

http://www.flsenate.gov/data/session/2005/Senate/bills/billtext/pdf/s1954.pdf

Steve W
03-22-2005, 10:39 PM
Please take a few minutes to contact your senator and representative to oppose this legislation.

You will need to get your zip+4 code, if you don't already know it.

Use this to get it http://zip4.usps.com/zip4/welcome.jsp

Next use the zip+4 code to get to your senator's page on this link. Go down the left side of the page to "Find Your Legislators". Fill in your zip+4 (without a dash) and it should bring up a page with your senator's link.

http://www.flsenate.gov/Welcome/index.cfm

Use this link for your representative: http://www.myfloridahouse.gov/....aspx

Here is a form letter you can use or you can make your own.

If you get any kind of response indicating a position on the issue, please post it here so we can see who is on what side of this issue.

Dear Senator xxxxxx,(Representative yyyyyy)

I am writing regarding Senate Bill 1954 introduced by Senator Posey (House Bill 1369 introduced by Representative Seiler).

I strongly oppose this bill. The bill will remove thousands of acres of environmentally fragile land from public ownership and stewardship and place the land into the hands of corporate agricultural companies and developers. Public access for recreation will be lost.

The land is currently protected flood plain open to public use, but, if this bill passes, would soon become off limits to all but an elite few and in time drained farmland or subdivisions. The lands involved, actually in many cases marshland, are important to wading birds, spawning fish and other wildlife.

Throughout our country’s history the high water mark for a river has demarked private from public land. There is no good reason to change this proven measure and present a few with an unearned bonanza of wealth, restricting the rights of the general public. I ask you to work to defeat this legislation promptly.

Sincerely,


John Public