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OSCEOLA CTY. v. ST. JOHNS RIVER WATER MGT. DIST.

No. 85-678.

486 So.2d 616 (1986)

OSCEOLA County, a Political Subdivision of the State of Florida, Petitioner, v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 16, 1986.

Attorney(s) appearing for the Case

William L. Earl and Elizabeth M. Weaver, of Peoples, Earl & Blank, P.A., Miami, for petitioner.

Vance W. Kidder, Palatka, for respondent.

Clifton A. McClelland, Jr., of Potter, McClelland, Griffith, Jones & Marks, P.A., Melbourne, amicus curiae, for South Brevard Water Authority.

Deborah A. Getzoff, Asst. Gen. Counsel, Tallahassee, amicus curiae, for State of Fla., Dept. of Environmental Regulation.

ORFINGER, Judge.

The issue presented in this petition for writ of prohibition is whether transfer of water from one water management district to another is authorized by law. Put another way, does the Department of Environmental Regulation of the State of Florida (D.E.R.) have the statutory authority to adopt an administrative rule prescribing the procedure to be followed and the guidelines to be observed by the respective...

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