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Florida Phosphate Gypsum Stacks Display Severe Environmental Impacts

Nov 1, 2015 |
N/A
(Fig 1, Gypsum Stack - www.tampabay.com ) One of EPA’s (Environmental Protection Agency) main concerns with phosphate mines in Florida are with gypsum stacks (gypstack). This concern ... Read more

Florida Phosphate Mining In Sovereignty Lands

Jun 19, 2016 |
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Since the turn of the twentieth century, the phosphate industry purchased large tracts of land in west central Florida, including the upper Peace River watershed. Florida’s phosphate industry ... Read more

Florida Phosphate Rock Quandary

Nov 1, 2015 |
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Florida Phosphate Rock Quandary Many years ago, the ocean flooded an ancient land mass today we call Florida and a layer of sand and clay rich in tiny phosphate particles were deposited. ... Read more

Do Floridians Know About Phosphate Production’s Many Hazards?

Jan 4, 2016 |
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Florida’s phosphate industry creates many serious environmental impacts during the “wet” process in the production of fertilizer (1), including unmetered groundwater consumption. ... Read more

The Phosphate Risk: Welcome

Aug 31, 2015 |
PR: 3
The Phosphate Risk in Florida. Dragline mining machine. Phosphate companies have mined out central Florida. The phosphate depleted, the companies have ... ... Read more

Natural Spring Venue Dollars are Significant To Florida Economy

Jan 4, 2016 |
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I recall as a young boy growing up in west central Florida that natural springs were clean, fresh, and plentiful. Everyone I knew at that time had easy access to natural springs in many forms because ... Read more

Florida Residence Take FIPR Survey on the Phosphate Industry Practices

Sep 19, 2015 |
N/A
Do Florida’s residents know about the phosphate industries abysmal practice of destroying Florida’s geographical environment for the phosphate some 40 feet beneath the surface? ... Read more

Florida’s Politicians Follow the Phosphate Money

Oct 8, 2015 |
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The Florida phosphate industry demonstrates the need to donate millions of dollars to Florida’s politicians. This is easily seen by researching where, when, and how much money Florida’s ... Read more

Fertilizer Production Displays Adverse Effects On Industry Workers

Jan 18, 2016 |
N/A
(Fig. 1) Phosphate Strip Mining In Central Florida Fortunately for the United States, Central Florida is home to the largest known phosphate reserves in the world. Phosphate and its derivatives ... Read more

Florida Mines - Phosphate Draglines Aquifers, Overburden and Sinkholes

Jul 27, 2015 |
N/A
Florida Mines (Bone Valley) phosphate draglines causing Florida aquifer formation destruction, sinkholes, bone valley mines. ... Read more

EPA Disrespected by Florida’s Politicians Concerning Phosphate Radiation

Dec 18, 2015 |
N/A
(Fig. 2) Phosphate Drag Line In Background - Phosphate Waste In Foreground Florida’s phosphate dilemma started a lifetime ago when fate and the Army Corps of Engineers happened to uncover ... Read more

Phosphate Industry Strip Mining Central Florida Watersheds

May 17, 2016 |
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The state of Florida owns all riparian lands and navigable waterways held in “trust” for the public at large by the sovereignty granted to Florida at statehood in 1845 by the United ... Read more

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eMag+ Brings Revolution To Online Publishing

Dec 26, 2016 |
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Markham, Ontario: Alive Software Inc. which develops software application platforms for online publishing announced the launch of its new product. eMag+ an online publishing platform and digital ... Read more

Florida Phosphate Mining In Sovereignty Lands

Jun 19, 2016 |
N/A
Since the turn of the twentieth century, the phosphate industry purchased large tracts of land in west central Florida, including the upper Peace River watershed. Florida’s phosphate industry ... Read more

Florida Sinkholes Created By Phosphate Mining

Jun 15, 2016 |
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Florida citizens living near west-central Florida are no strangers to sinkhole formation. Unfortunately, sinkholes forming in west-central Florida are as likely to be related to regional phosphate ... Read more

Florida Phosphate Mining And The Public Trust Doctrine

Jun 12, 2016 |
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During the past seventy years of phosphate strip mining in west-central Florida, the phosphate industry has at some time been faced with strip mining navigable waterways and riparian lands as defined ... Read more

What Is a Dragline and What Does It Do?

May 26, 2016 |
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The dragline's bucket system consists of a large bucket that is suspended from a boom. The bucket is moved by many cables, chains and ropes. The hoisting rope, which is powered by either a diesel or ... Read more

Phosphate Industry Strip Mining Central Florida Watersheds

May 17, 2016 |
N/A
The state of Florida owns all riparian lands and navigable waterways held in “trust” for the public at large by the sovereignty granted to Florida at statehood in 1845 by the United ... Read more

Florida Phosphate Industry Practices Severely Disturb Navigable Waterways?

May 12, 2016 |
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Florida is known as the “Sunshine State”, but interestingly receives more rainfall than most states in the Union. Florida receives enormous amounts of yearly rainfall from north to south ... Read more

Phosphate Industry Siege On Alafia River And Watersheds

May 5, 2016 |
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The Alafia River watersheds and smaller tributaries in the area are known to be used as “navigable waterways” by the state of Florida during the early-19th century by European (1) ... Read more

Phosphate Mining In The Myakka River Watershed

May 1, 2016 |
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As a youth growing up in west central Florida, my friends and I covered countless miles of the environmentally rich landscape on foot. We pushed through wetlands, marshes, bogs, tributaries, surface ... Read more

Florida Riparian Lands And Navigable Waterway Rights

Apr 29, 2016 |
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The Peace River Valley watershed with all its tributaries, streams, bogs, marshlands, springs, and aquifers is considered by the state of Florida to be “navigable waterways” or ... Read more

Phosphate Mining The Peace River Watershed Basin

Apr 20, 2016 |
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The Peace River watershed lies in west central Florida about forty miles east of the Tampa Bay area. Florida’s Peace River was declared an “endangered river” by “American ... Read more

Florida Rivers, Springs, Lakes, And Aquifers Are Navigable Waterways With Riparian Rights?

Apr 15, 2016 |
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The Peace River headwaters in west central Florida are naturally spring fed by local aquifers “contained” in the landscape. The River “meanders” some 120 miles to the ... Read more

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Florida Rivers, Springs, Lakes, And Aquifers Are Navigable Waterways With Riparian Rights?

Title:
Florida Rivers, Springs, Lakes, And Aquifers Are Navigable Waterways With Riparian Rights?

The Peace River and area watersheds are navigable waterways with riparian rights. The state owns navigable waterways within Florida boundaries. West Central Florida is where the Peace River and area watersheds are located. Florida’s phosphate industry officials may continuously neglect Florida’s navigable waterways and riparian rights of others, daily.

The Peace River headwaters in west central Florida are naturally spring fed by local aquifers “contained” in the landscape. The River “meanders” some 120 miles to the Charlotte Harbor estuary, numerous small springs continuously feed the river along the way with fresh, clear aquifer water. The Peace River headwaters and watersheds are a critical link in the environmental health chain for all floras and fauna in the region and downstream over one hundred miles to Charlotte Harbor.

The Peace River, smaller rivers, streams, and watersheds are also defined as a “navigable waterway” with riparian rights since 1845, at the time of Florida’s statehood (1). Navigable waterways are public domain and may be used for trade, travel, and leisure. “The Public Trust Doctrine” protects one's rights for all public waterways or “navigable waterways”, and all riparian rights based on adjacent navigable waterways to the “high water mark.” The area of land from the low water mark to the high water mark is defined as riparian land, and the rest is a navigable waterway (public domain) by state law. The ‘doctrine’ above covers both freshwater and saltwater interest.

Public domain water rights to navigable waters including rivers, streams, springs, aquifers, lakes, ponds, marshland, bogs, water tables, and the like. Riparian rights are those incidents to land bordering and adjacent to navigable waters. The navigable waters may not be altered by anyone but the state of Florida. This is based on the sovereignty given to Florida and all lands within its boundaries by the United States federal government upon passing to statehood (1845) from land purchased earlier from Spain in the ‘Florida Treaty’ (3).

Unfortunately, Florida phosphate industry strip mines are also located in the region of the Peace River and its watersheds. Even though the phosphate industry may not have the rights to do so, they use huge draglines to strip public navigable (public) waterways from the earth and leave what they do not want to sit in huge pits containing the wasted freshwater reserves. This is clearly shown to the public by Google© Maps.

The phosphate industry does not seem to abide by the “Public Trust Doctrine” based on empirical industry practices approved by phosphate officials. One can see the proof by looking at west central Florida, through Google© Maps. The environmental destruction can easily be seen from the “eye in the sky.” State and local officials also know the environmental damage is evident for all to see. Interestingly, this information is not brought to the forefront of public opinion by the environmental agencies charged with protecting the navigable waterways even as the waterways are being strip from the central Florida earth daily.

By state law, public waterways cannot be re-routed, slowed, stopped, reversed or altered in any way based on the Public Trust Doctrine of navigable waterways, and riparian rights. Public “navigable waterways” and riparian rights include above and below ground water resources.

However, the state may sell large tracts of land holding navigable waterways and riparian rights. However, the landowner does not have the right to alter the navigable waterways in these tracts of land if the consumption of the riparian and navigable waterways is not “reasonably used”. Riparian rights give the land owner rights to consumption with reasonable use “only”. Historically, Florida’s phosphate industry officials do not seem to follow the “reasonable use restrictions” required by riparian rights and navigable waterway laws.

Downstream users of public waterways also have rights to the public navigable waterway resources flowing from upstream as well. Meaning, upstream users do not have the right to re-route, slow, stop, or over-pump the public natural navigable water resources more than “reasonable use” offers. The above includes natural flow rates, watercourse, physical condition, undiminished water quantity and quality (2).

In Florida, when surface water is over consumed, or underground water is over-pumped by one party, other parties with an interest in the water resource may sue for damages based on state law for “unreasonable use” of public (state) water resources.

“Reasonable use” is defined as riparian landowner rights to use navigable waterway surface water or ground water, but cannot interfere with the riparian rights of adjacent landowners or downstream property owner’s rights to the same navigable waterway or have adverse effects on quality or quantity of public drinking water.

Drinking water refers to the water being wasted by the phosphate industry pumped from water-tables or aquifers and surface water resources which are public domain, owned by the state (public), not the phosphate industry.

When one analyzes the information above, the rights described above do exist and are to be enforced by the state of Florida. However, phosphate officials continue to clash with the rights of others set forth by the state of Florida by strip mining navigable waterways and causing severe environmental impacts to Florida’s drinking water.

Reference

1. State of Florida -leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0253/Sections/0253.141.html.

2. Effects of Groundwater. - pubs.usgs.gov/circ/circ1186/html/gw_effect.html.

3. Riparian Rights Doctrine. - ndsu.edu/pubweb/~saxowsky/aglawtextbk/chapters/waterlaw/Riparian.html.

Davey Crockett

Owner Name:
daveycx
Owner Email:
daveycx@yahoo.com
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florida rivers,springs,lakes,and aquifers are navigable waterways with riparian rights?,health,daveycx
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The Peace River headwaters in west central Florida are naturally spring fed by local aquifers “contained” in the landscape. The River “meanders” some 120 miles to the Charlotte Harbor estuary, numerous small springs continuously feed the river along the way with fresh, clear aquifer water. The Peace River headwaters and watersheds are a critical link in the environmental health chain for all floras and fauna in the region and downstream over one hundred miles to Charlotte Harbor.

The Peace River, smaller rivers, streams, and watersheds are also defined as a “navigable waterway” with riparian rights since 1845, at the time of Florida’s statehood (1). Navigable waterways are public domain and may be used for trade, travel, and leisure. “The Public Trust Doctrine” protects one's rights for all public waterways or “navigable waterways”, and all riparian rights based on adjacent navigable waterways to the “high water mark.” The area of land from the low water mark to the high water mark is defined as riparian land, and the rest is a navigable waterway (public domain) by state law. The ‘doctrine’ above covers both freshwater and saltwater interest.

Public domain water rights to navigable waters including rivers, streams, springs, aquifers, lakes, ponds, marshland, bogs, water tables, and the like. Riparian rights are those incidents to land bordering and adjacent to navigable waters. The navigable waters may not be altered by anyone but the state of Florida. This is based on the sovereignty given to Florida and all lands within its boundaries by the United States federal government upon passing to statehood (1845) from land purchased earlier from Spain in the ‘Florida Treaty’ (3).

Unfortunately, Florida phosphate industry strip mines are also located in the region of the Peace River and its watersheds. Even though the phosphate industry may not have the rights to do so, they use huge draglines to strip public navigable (public) waterways from the earth and leave what they do not want to sit in huge pits containing the wasted freshwater reserves. This is clearly shown to the public by Google© Maps.

The phosphate industry does not seem to abide by the “Public Trust Doctrine” based on empirical industry practices approved by phosphate officials. One can see the proof by looking at west central Florida, through Google© Maps. The environmental destruction can easily be seen from the “eye in the sky.” State and local officials also know the environmental damage is evident for all to see. Interestingly, this information is not brought to the forefront of public opinion by the environmental agencies charged with protecting the navigable waterways even as the waterways are being strip from the central Florida earth daily.

By state law, public waterways cannot be re-routed, slowed, stopped, reversed or altered in any way based on the Public Trust Doctrine of navigable waterways, and riparian rights. Public “navigable waterways” and riparian rights include above and below ground water resources.

However, the state may sell large tracts of land holding navigable waterways and riparian rights. However, the landowner does not have the right to alter the navigable waterways in these tracts of land if the consumption of the riparian and navigable waterways is not “reasonably used”. Riparian rights give the land owner rights to consumption with reasonable use “only”. Historically, Florida’s phosphate industry officials do not seem to follow the “reasonable use restrictions” required by riparian rights and navigable waterway laws.

Downstream users of public waterways also have rights to the public navigable waterway resources flowing from upstream as well. Meaning, upstream users do not have the right to re-route, slow, stop, or over-pump the public natural navigable water resources more than “reasonable use” offers. The above includes natural flow rates, watercourse, physical condition, undiminished water quantity and quality (2).

In Florida, when surface water is over consumed, or underground water is over-pumped by one party, other parties with an interest in the water resource may sue for damages based on state law for “unreasonable use” of public (state) water resources.

“Reasonable use” is defined as riparian landowner rights to use navigable waterway surface water or ground water, but cannot interfere with the riparian rights of adjacent landowners or downstream property owner’s rights to the same navigable waterway or have adverse effects on quality or quantity of public drinking water.

Drinking water refers to the water being wasted by the phosphate industry pumped from water-tables or aquifers and surface water resources which are public domain, owned by the state (public), not the phosphate industry.

When one analyzes the information above, the rights described above do exist and are to be enforced by the state of Florida. However, phosphate officials continue to clash with the rights of others set forth by the state of Florida by strip mining navigable waterways and causing severe environmental impacts to Florida’s drinking water.

Reference

1. State of Florida -leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0253/Sections/0253.141.html.

2. Effects of Groundwater. - pubs.usgs.gov/circ/circ1186/html/gw_effect.html.

3. Riparian Rights Doctrine. - ndsu.edu/pubweb/~saxowsky/aglawtextbk/chapters/waterlaw/Riparian.html.

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