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OSCEOLA CTY. v. ST. JOHNS RIVER WATER MANAG.

No. 68791.

504 So.2d 385 (1987)

OSCEOLA County, Petitioner, v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, Respondent.

Supreme Court of Florida.

Rehearing Denied April 15, 1987.

Attorney(s) appearing for the Case

Neal D. Bowen, Osceola County Atty., Kissimmee, and William L. Earl and Thomas T. Ankersen of Peeples, Earl & Blank, P.A., Miami, for petitioner.

Vance W. Kidder, Palatka, for respondent.

Irvin S. Cowie, Co. Atty., and Mark F. Carpanini and Mary Elizabeth Harlan, Asst. Co. Attys., Bartow, for Polk County, amicus curiae.

Edward B. Helvenston, Asst. Co. Atty., New Port Richey, for Pasco County, amicus curiae.

Stephen P. Lee, Co. Atty., Ocala, for Marion County, amicus curiae.

William E. Curphey, Co. Atty., Melbourne, and Andrew A. Graham and Marjorie E. Smith of Reinman, Harrell, Silberhorn, Moule & Graham, P.A., Melbourne, for Brevard County, amicus curiae.

Edward M. Chew and Edward P. de la Parte, Jr. of de la Parte, Gilbert and Gramovot, P.A., Tampa, for West Coast Regional Water Supply Authority, amicus curiae.

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

Carol A. Forthman, Asst. Gen. Counsel, Tallahassee, for State of Florida Dept. of Environmental Regulation, amicus curiae.

ADKINS, Judge (Retired).

In Osceola County v. St. Johns River Water Management District, 486 So.2d 616 (Fla. 5th DCA 1986), the Fifth District found the Department of Environmental Regulation (DER) statutorily empowered to allow the transfer of waters between water management districts. We granted review based on apparent conflict with our decision of Askew v. Cross Key Waterways, 372 So.2d 913

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