REPRINT FROM
86D MIAMI DAILY NEWS, Sunday, June 9, 1946


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S The board of supervisors of the Dade Drainage district feel that the following
report by Carl A. Bock, internationally known civil engineer, is of vital concern
to every person living in Dade county in view of present health conditions. For
that reason, Mr. Bock's report is presented here in full.

Mr. Bock was vice president and assistant to Dr. Arthur Morgan, of the
Morgan Engineering Company, which prepared the original plans for drainage and
water control in the Dade drainage district in 1927. Subsequently, Mr. Back was
assistant chief engineer in charge of design and construction for the Tennessee


Valley Authority and he now is in charge of the Puerto Rico Water Resources
Authority at San Juan, P. R.

The board of supervisors of the Dode Drainage district in publishing this
detailed report, recognize an obligation to the more than 20,000 persons living
within the district, and offer it also as a public service to all of the people of
Dade county, in view of the references to continued development and to the health
conditions of the area.
I Dade Drainage District, T. N. Toms, President.


Drainage facilities have made at a time when the habitable areas a
possible the occupancy and utiliza- of South Florida were more or less t
tion of extensive low lands adja- restricted to the narrow coastal t
cent to Miami. ridge. Agricultural development in s
Digging the drainage outlets and this region then was extremely a
lowering the water table in the limited because the high sand land t
coastal area has permitted a land- appeared to be unsuited to many d
ward incursion of salt. water at kinds of crops, and the adjacent I
depth, and s u r f a c e incursion muck lands were water logged and s
through the drainage canals. inundated too much of the time to e
This slow but persistent en- permit farming. The Everglades s
croachment of salinity has twice hinterland surrounding Miami was a
previously compelled moving the shunned by man as a forbidding
Miami well field, originally located swamp harboring snakes, alliga- a
near tide water, to locations farther tors and mosquitoes, unlivable and c
.removed. Salt contamination now useless to the pioneer immigrants t
again threatens the water supply, who had brought their homes to its r
having been drawn into the wells borders. With the construction of s
from the adjacent Miami Canal. the Miami Canal and other drain- f
age outlets to the ocean, however, t
This situation, coupled with sev- age outlets to the ocean, however,
eral successive years of low rain- came the realization that this back
fall and seasons of drouth; and a country of muck lands had great t
rapid increase in water supply de- agricultural possibilities. The U. S. t
mand due to the phenomenal Department of Agriculture, the U. 1
growth of metropolitan Miami, has S. Army Engineers, and officials of s
caused alarm as to the adequacy the State of Florida, as well as d
of the water supply, and has cre- land owners, became interested in s
ated demands that the well system these agricultural possibilities and i
be protected.' publicized their merits, and sub- v
e protected districts were organized within the i
It has been stated that to push boundaries of the Everglades c
back the salt intrusion or d.or its Drainage District to undertake s
advance it is necessary to place drainage developments. Among s
barriers in the drainage canals and these was the Dade Drainage Dis- t
raise the water table in the land. trict, established with the Miami f
There seems to be some doubt as to Canal as its main outlet to theg
whether these measures would per- south, and the Little River Canal s
manently safeguard the well field, and Biscayne Canal as outlets to u
and some question as to what af- theeast. t
feet such a raising of the water
table may have on the septic tanks Out of such drainage develop-
and on sanitary conditions in the ments have.come the tomato fields
area, of Dania, the immense truck farms t
Rea bordering Lake Okeechobee, the c
Repeated reference to the effect great bean market of Pompano, the t
of lower water tables on salinity sugar cane plantations, and dairy
and continued reference to over- herds of south Florida, and the a
drainage have engendered a popu- muck land citrus groves. Also
lar belief that drainage and flood came a great suburban develop- I
control facilities have been con- ment. A recent inspection of the .
structed far in excess of real need. region disclosed innumerable homes 0
The recent years of subnormal that have been built in the north- i
rainfall and consequent drouth western suburbs of Miami, many f
have contributed support to this small businesses and industries,
belief and have tended to minimize boat works and other developments
the importance of drainage and along the lower Miami Canal, great
flood protection, airports, factories, and air bases t
The Everglades Drainage Distict which have grown up within the
under pressure of these conditions boundaries of the Dade Drainage I
has permitted the Miami Water District. These amazing develop-
Board to construct a salt barrier ments owe their existence in part i
dam in the Miami Canal to protect to other influences than a lowering
the Miami well field. Additional of the water table, but it is diffi-
controls in the canals are proposed cult to conceive of their taking
with a view to raising the minimum place in undrained swamps. The
water table in the vicinity of the measure in which these develop-
field. ments are desirable is outside the
Surface slopes are slight in the scope of this discussion; it is cer-
Everglades and in the canals, and tain that they could not have ma-
a slight raising of water table or terialized so extensively without the
water surface in one location will aid of drainage.
affect these surfaces for great dis- The metropolitan area of Miami,
tances. Raising these levels de- part of which lies within the Dade I
stroys a corresponding storage ca- District, has had phenomenal I
pacity in the ground and in the growth with a winter population a
canal system which is useful in ab- estimated in excess of 300,000, and r
sorbing sudden rains and helps to an increasing industrial develop-
prevent harmful flooding. ment that received considerable im-
While the U. S. Geological Sur- petus during the war period. Such
vey reports indicate that the sug- a population requires living room i
gested controls are necessary to and while the coastal ridge affprds
save the well field, they do not a considerable strip of high ground,
state that it is economically desir- the inevitable result is that homes
able or necessary to save this field. are spreading back in all direc-
They indicate other areas where tions in what was formerly con-
ample and satisfactory water sup- sidered Everglades land. This in-
plies may be obtained. crease in population brings with it
The drainage canals and lowered increased markets and a demand
water tables have been obtained at for land suitable for farming. Much
great cbst and effort on the part of these lands are quite low, 4 to 7
of the property owners. They feet above sea level. Considerable
make possible the human occu- parts of communities such as Hia-
pancy and utilization of extensive leah, Miami Springs, and northwest
low land necessary to Miami's ex- Miami, and the surrounding farm
pending growth and which, with- developments, could not exist with-
out drainage facilities, would re- out drainage-frequent inundations
vert to original swamp and over- would render them unsanitary and
flow conditions. unsafe. It is believed that Miami's
An important question involved growth will continue resistlessly to
in the situation appears to be one press out into the surrounding low
of engineering economics as to lying areas, and that this expansion
whether the problematic saving of will require all of the existing
the present well field is worth sac- drainage outlet facilities in order
rificing a part of the existing to maintain a water table low
drainage and flood control facilities enough to permit such use of the
to the extent required to keep the land. To impair these drainage out-
salt invasion permanently* out of lets and thereby reduce the degree
the field, or whether it would be of protection against flood condi-
preferable to move the field to a tions is to impede the growth for
preferable to move the field which increased water supply be-
safe location adequate to all needs. which increased water supply be-
comes necessary.
In view of these conflicting in- comes necessary.
terests and the apparent need of an A CONFLICT OF INTERESTS
authoritative analysis of the eco- Following this urge for land rec-
nomic problems involved, it is be- lamation there has gradually come
lived that before further action is forward a somewhat contrary urge,
taken a comprehensive s t u d y and a most laudable one; that of
should be made of the economic saving some of the wilderness areas
aspects of the situation by a con- and the wild life of the region apd
potent engineer or board of en- of conserving the unused muck
gineers experienced in the water lands and theft' water resources
control field. in their original state against fu-
Since the situation concerns not ture needs. This conflicting trend
only the metropolitan area of Mi- hasreceived much encouragement
ami but that of Dade County in because of various ill advised
general, it would seem appropriate schemes of unrestrained land de-
for this engineering study to be velopment and certain questionable
made under the auspices of Dade efforts of the State itself to "comn-
County. plete the drainage of the Ever-
glades." The general arguments in
THE DRAINAGE favor of conservation practices in
DEVELOPMENT the abstract are so commendable
The lower Miami Canal was ex- and attractive as to enlist readily
cavated nearly a half century ago a widespread public approbation,


Lnd it is often difficult to reconcile which "would result in prematurely
he various conflicts arising be- drying out unoccupied lands, with
ween different interests in the undesirable fire hazards." Conser-
settlement of a new courftry. Prob- ovation plans are desirable, and
ibly few persons would contend could be furthered by public park
that there should have been no and forest reservations appropria-
drainage development in south ately protected. There is yet a large
Florida; few would have the pre- area of Everglades untouched by
lent developments revert to a wild- drainage canals.. Specific plans
erness swamp; the real question should be developed for conserving
seems to be how far and how fast the water resources of these lands
should such developments go. for future use and for protecting
Americans have been profligate the muck soil itself against oxida-
nd wasteful in their exploitation tion and fires.
of the natural wealth of the coun- Absence of drainage however is
Absence of drainage however is
try. Soil and water are among the not a cure all for the fire menace.
most precious of these natural re- Lack of drainage, and even retard-
lources, and it is well to give care- ing dikes or levees, do not elimin-
ul consideration to the manner of ate the effects of drouth. During
heir utilization, excessively dry periods the rank
A more specific conflict of in- growth of tall grass dries up and
restss has emerged recently will burn fiercely if accidentally
through the water supply needs of lighted. In general the surface
Miami. The last four years in water supply in the Glades comes
south Florida have been unusually directly from rainfall and during
Iry, the need for increased water protracted drouths it is dissipated
service has expanded rapidly dur- by evaporation and transpiration,
ng the war, and discovery of salt by surface runoff and by seepage.
water intrusion into the well area Evaporation and transpiration
n 1939 have combined to cause alone account for the removal of
considerable public alarm over the perhaps three quarters of the entire
situation. Publicity regarding the rainfall. The West Levee forms a
salt incursion, and reports of cur- continuous barrier between the
ailment of service and inadequate lands of the Dade Drainage District
ire protection have tended t6 ag- and the undrained Everglades to
gravate this alarm. Statements the west. This barrier was visited
suggesting that overdrainage has at the north end, at the south end,
unduly lowered the ground water and in the middle portion, early in
table, resulting in salt encroach- May, 1946, and it was found that
nent in the Miami area, and that the water was down to practically
:his situation can be corrected only the same elevation on both sides of
be raising the water table, have the levee; on the Tamiami Trail
caused considerable concern among the water was only a tenth of a
he property owners in the drain- foot-higher on the west side than
age districts. The need for drain- that on the east side of the levee.
age and flood control has had little The Glades to the west were prac-
lotice during the recent years of tically as dry on the surface as the
ow rainfall; public attention has lands east of the levee.
rather been focused on problems
ef water supply, with an apparent Before the confining levees were
increasing emphasis on the con- built around Lake Okeechobee and
lict of interests in water control before the lake level rises were
problems. The public agencies held down by the outlet canals east
mainly concerned in the situation to the ocean and west to the Gulf,
include the Miami Water Board, it is likely that considerable vol-
;he drainage districts, and the umes of water from the lake area
Dade County Commissioners, the at times overflowed southward into
matter board having been given by the Glades during periods of high
recent legislation certain functions water. The extent to which this
in connection with water problems. affected the water levels in the
Glades northwest of Miami is not
DADE DRAINAGE DISTRICT known, but it is doubtful if it would
PLANS make a great difference in water
Following a field inspection of levels there during periods of pro-
the Dade Drainage District and ad- tracted drouth. In any event this
jacent areas April 20-May 3, 1946, source is now cut off, and when the
the writer reviewed the reports of Glades area dries up from lack of
1927 and 1928 which outlined a gen- rain, the presence of dikes can not
eral plan for the District, and also restore surface water levels when
read several reports on investiga- rain is lacking.
tions of water resources in south-
eastern Florida dealing mainlywith It is believed that in periods of
the problem of salinity intrusion in extreme drouth the most effective
he problem of salinity intrusion in method of combatting the fire
the Miami area. The drainage plan i by o at of fi
of tWe Dade Drainage District, asmenace is by a system of vigilant
recommended in the reports df 1927 patrol, by providing an effective
and 1928, was one of progressivefire fighting organization and b
development westerly from what is continuous, sustained publicity and
now N. W. 27th Avenue, and north- education, such as is maintained
erlr from the southernmost boun- by the U. S. Forest Service.
dary (now N. W. 20th Street), us- OVERDRAINAGE
ing the Miami Canal as the main A complaint that is now finding
gravity outlet. It proposed that frequent expression against drain-
the development should progress age efforts- in south Florida, par-
slowly as warranted by actual needs ticularly since the publishing of
and that detailed plans for the re- studies of salinity intrusion in the
mote areas must await the acquisi- Miami area, is that there has been
tion of agricultural experience in too much drainage. In respect tc
the District. The plan contemplated the Dade District, its engineers rec-
the initial development only of that commended that the plan should
portion of the area which lies east provide reclamation for restricted
of the West Levee. The plan called areas, and avoid heavy investment
attention to the need for precau- for incomplete reclamation of large
tions against fires, the undesirabil- areas and for outlet facilities
ity of rapid and unrestrained de- greatly in excess of present needs
velopment, t he subsidence o f The development has proceeded
drained and cultivated muck soil, along these lines; the area planned
and the desirability of conserving for drainage improvement is be.
the waters of the Everglades to lieved to be a reasonable one ir
protect the soil and as a source of view of the development that hai
future irrigation water supply. The occurred in this region, and the out
wisdom of the plan of gradual and let facilities are not in excess ol
limited extension of the drainage the needs of the area. In con.
improvements seems to be indi-sidering the overdrainage criticism
cated by a subsequent elimination in connection with the Dade
from the District of the lands lying District, it may be appropriate t<
west of the West Levee, to be con- recall that, nearly 20 years ago
served in its present undrained when the State administration pro'
state for future utilization. The moted an outstanding scheme of un-
writer is of the opinion, after read- restrained development by author-
ing the reports, that the plan in Izing the expenditure of $20,000,00(
general is still valid, and that the "to complete the drainage of thi
general conclusions presented at Everglades," the supervisors of the
that time still hold. Dade District were among the few
FIRES IN THE GLADES men in Florida who had the cour
Fires are an ever present men; age to publicly oppose this legisla
ace in the Everglades. A suggested tion.
means of combatting this menace The annual rainfall in the Ever
is to conserve the surface water on glades area may vary in some
all lands not in use, and-to drain years by almost a hundred pe
only such areas as can be used cent. The annual losses by evapo
and protected. This idea is not ration, which in some years may ap
new, it was advocated by eminent proximate the average annual rain
engineers some 30 years ago, and fall, also varies due to the effect
the plans of the Dade Drainage of winds, humidity, and tempera
District have recognized the need ture, but is much less variable that
for conserving, the Glades surface the rainfall. Thus it can happen
waters for future irrigation re- in a year of extreme drouth tha
requirements as well as for a pro- the evaporation and transpiration
tection against fires. In a report losses actually exceed the rainfall
of 1927 the engineers for the Dade and result in an extremely lo1
District warned specifically against water table. Such a condition car
unrestrained drainage development occur in areas where there are n


drainage ditches. Drainage causes and provide excellent pasture for
lower water tables-that is its in- cattle. These grasses, especially
tended purpose. "Overdrainage," Para grass, can stand considerable
however, implies too much drain- water and can be grown where the
age, and frequent references to this land is only partially drained.
term are'apt to encourage a belief Feeding cattle on these grasses for
that conditions resulting fro m the market has proved quite prof-
drouth are actually caused by over- table, and this is now rapidly
drainage, instead of being due to a bringing extensive land areas in
lack of rainfall coupled with ex- the Dade District and adjacent dis-
cessive evaporation. tricts into use and into increased
To be fully effective drainage fa- value.
cilities must be capable of remov- While general methods of control
ing surface waters resulting frobn are suggested for the drainage
heavy rains quickly enough to pre- canals, data appears to be lacking
vent harmful flooding. In general as to the number of dams required
it is believed that one of the chief and their location, and the amount
faults of drainage projects in south of increased flow to be provided in
Florida has been not excessive ca- order to maintain the two and a
pacity, but rather inadequacy, in half foot ground water elevation
the drainage outlets. contour east of the wcll field. Ob-
WATER SUPPLY PROBLEMS servations on the water level gage
Since 1939 the U. S. Geological in the Miami Canal on the upstream
Survey has been conducting inves- side of 36th street dam show that
tigations relative to the water re- the water surface in the dry sea-
sources of southeastern Florida. son often goes down a foot or
These studies have provided much more below the top of the barrier.
valuable basic data as to the geol- This indicates that there is not
ogy and the extent of watdr bear- enoughfresh water flow in the
ing formations in the region, and canal to maintain it to the top of
as to the quantity and quality ofthe barrier (2.5) and also that the
the water encountered. The result- water can escape rather freely
ing data has been set out in var- in he
ious reports by members of the around this dam in either direc-
Survey, and it is understood that a tion.
comprehensive report is now in An automatic tide gate at this
preparation. The investigation point, which would permit drain-
was initiated following the appear- age flow and would obstruct the
ance of salty water in the Miami ingress of tide water, would offer


well field.
The studies find that large quan-
tities of potable water (18 per cent
specific yield) exist in the highly
permeable Tamiami formation
which attains a depth of around
100 feet at Miami Springs, grad-
ually lessening in thickness towards
the north and west. The quality of
this ground water is fairly uniform,
subject to slight variations in dif-
ferent locations and subject to
some influence adjacent to the
drainage canals due to the effect
of changes in the water in these
canals.
Salt encroachment occurs in two
ways; penetration at depth due to
the ever present pressure of the
salt water in the ocean, and intru-
sion near the surface caused by the


no appreciable disadvantages to
drainage operations but, on the
other hand, such a barrier would
not be fully effective in prevent-
ing salt water intrusion into the
present well field. Some of the
wells are quite near this barrier
and at a time of heavy pumping in
a dry season, with a cone of de-
pression over the field, a trend of
salt water flow around the bar-
rier would seem inevitable. Pump-
ing from the wells causes a con-
siderable lowering of' the water
table over the well field itself, the
draw down having attained a
depth of as'much a three feet
below sea level Pumping some
80 million gallons a day in the dry
season where there is no rain to


ebb and flow of tide water in the recharge the area and since me
outlet portion of the canals. Pene- formation underlying the bottom
tration at depth is slow and does of the wells is fairly impervious,
not affect surface conditions except means that there must be consid-
for rendering useless for irrigation erable lateral inflow from some
or other purposes the deep wells it other source to replenish the draft,
reaches. It is the salt -water intru-
sion from the Miami Canal that The number and character of
has penetrated the Miami well dams, or other works required to
field, but intrusion at depth may provide sufficient fresh water flow
also reach the wells in time if it is to maintain a water table at not
not arrested. The influence of less than 2.5, at a time when the
drainage canals is indicated by cit- Everglades are dry, might be
ing the fact that before these were such as to seriously impair the
dug perennial fresh water springs present drainage facilities. If such
existed along the western shore of works are to be built it would
Biscayne Bay at elevations of from seem desirable to first study agri-
3 to 5 feet above mean sea level, cultural, industrial and sanitary
situation to be expected, since the requirements along with water
drainage outlets were dredged for supply needs.
the purpose of lowering the
ground water level and making the It is stated that to stop the In-
swamp and overflowed areas suit- trusion of salt water at depth near
able for habitation and farming, the Miami well field requires main-
A large amount of valuable de- training the 2.5 water table contour
tailed data is conveniently set out in a position east of thq field. If
in these reports. The proposed so- the water table is not to drop be-
lution for the salt encroachment low this elevation, then the aver-
problem with reference to the Mi- age, and the maximum due to
ami well field is by tide barriers floods, will be much higher. Main-
and through the control of ground training the ground water table at
water levels by means of regula- a higher elevation than that re-
tion of the drainage canals; speci- quired by the existing drainage
fically by a system of barriers in outlet means sacrificing just that
the Miami Canal and by canal flow much storage capacity in the canal
augmentation and regulation, de- system and in the ground, and
signed to maintain a ground water causing a greater degree of flood-
elevation of not less than two and
a half feet above mean sea level. ing in case of heavy rains. Flood-
ing kills crops quickly, and drain-
ECONOMIC CONSIDERATIONS age capacity must be adequate to
While such remedial measures remove flood waters promptly to
are considered necessary to prevent make farming possible. The main-
further salt encroachment in the tenance of a water table at not
Mfami well field, the desirability of less than 2.5 feet would result in
attempting to exclude salt from more frequent overflow in some
this area depends on economic fac- areas and might make townsites
tors and engineering problems and homesites practically unten-
which require careful analysis and able in such areas due to the dan-
appraisal. It is believed that be- gerously unsanitary conditions re-
fore the Dade Drainage District from frequent inundation
consents to any impairment of its
main drainage outlets, which have Drainage facilities and a low-
been provided at great cost and ered water table have come- to be
towards which the property owners accepted as a matter of course
have continued to contribute in spe- and during years of low rainfall
cial taxes for many years past, se- the assurance they provide against
rious consideration should be given flooding is apt to be held rather
to the economic justification of lightly. It might be appropriate
such impairment of an existing to recall that a flood problem
public improvement. Attention has r ta a floo problem
public improvement. Attention has still exists in these low lands, and
been called to the rapidity and ex- to suggest consideration of the ex-
tent of suburban expansion into suggest consideration of the ex-
ths region rban growh creates tent to which a permanent raising
this region. Urban growth creates
additional markets, and demands of water tables and obstruction of
a corresponding increase of farm drainage outlets might affect flood
products and increases the need for conditions. In connection with
farm land. An interesting develop- flood possibilities it is suggested
ment in this connection is the dis- that a small amount of work in
cover that certain grasses (Para, bringing up to uniform grade the
Coastal Bermuda and St Augus- low spots existing in the West
tine) -grow well in south Florida, Levee might pay big dividends.


High water passing over these low ing 20 and 30 miles up river In
spots could destroy the levee, and order to be free from the influ-
a flood unrestraining sweeping ence of tide water. The advantages
eastward from the Everglades into to a city of having sea port facili-
the thickly inhabited low areas of ties are not inconsiderable and it
Hialeah, Miami Springs and north- might be advisable to give serious
west Miami might be an unpleas- consideration to the potential eco-
ant experience. nomic value of the Miami River
THE MIAMI WELL FIELD and Canal as a river harbor for
The present Miami well fieldsuitable industrial developments.
The present Miami well fieldOther prospective developments in
was located in an irea which at Other prospective developments in
was located in an area which at the suburban or rural areas, such
that time was largely "uninhabited as those related to air transport,
but has since developed into a may deserve consideration in con-
residential area. Miami has grown section with efforts to raise the
so rapidly that the field is now water table in order to save the
practically surrounded by subur- resent Miami well fiwld. Such
an development, and by countless developments of course can resort
septic tanks occasioned by lack of to pumping their drainage, but
sewers. It is claimed that the such pumping will also lower the
limestone formation in this area water table, and aa greater cost.
has an unusual capacity for puri- ate tal at a gar s
fying water that passes through Finally the data at hand seem
it. Nevertheless any raising of to indicate some doubt as to
the water table in such a low lying whether the proposed measures of
area, and consequent increasing of placing dams in the canals, and
the frequency of flooding, would control devices to augment fresh
not appear to be conducive to the water flow in dry seasons to raise
health and well being of the resi- the ground water table, can be re-
dents, nor likely to improve the lied upon to permanently bar the
quality of the well water. Dams alt invasion from the best well
in the lower reaches of the Miami field. The field is located adja-
Canal which would raise the water celt to the Canal, the surrounding
table in dry seasons, would also formation is quite pervious, and
obstruct the free escape of sewage salt has already penetrated some
from above. Even if it were pos- of the wells. In a low lying area
sible to hold the general water the future efforts of all inhabi-
table at not less than two and a tants, both individually and col-
half feet, there would be an appre- lectively, naturally will be apt to
ciable local depression over the be directed towards maintaining a
well field due to pumping, which low water table rather than a high
would result in, drawing the sew- one, and a few flood experiences
age effluent into the well area. will intensify these efforts.
The salt Intrusion at depth will A WATER PLAN FOR DADE
likely continue to move inland COUNTY
slowly, and eventually may reach
the well field, but probably not be- The main* question in contro-
fore the field is abandoned or other versy appears to be whether the
reasons. In the meantime it will desirability of attempting to pro-
cause the loss of some wells that tect this well field from salt in-
are now used for local irrigation vision justifies the impairment
in coastal areas, but it is not of drainage and flood protection
known how these losses would facilities to the extent required by
compare with the cost of arresting the proposed measures. This ques-
the deep intrusion, tion, however, involves broad en-
The first well field of Miami gineering and economic consider-
wThe first wellid o a half nations which apparently have not
was located only front mile and after had conclusive study and analysis.
penetrated this field a t wae It is complicated by numerous
apenraed this fied and it was factors of relative benefits' and
abandoned in 1925. In retrospectdamages and costs-which must be
t would seem incongruous now I appraised carefully in the best in.
it had at that time been held that appraised carefully in the best in-
Miamiterests of the entire Dade County
the only solution for the Miami area. It is not a simple question of
water supply problem was to push farm drainage and a particular set
back the salt encroachment to pro- of wells; it is one-of adequate water
tect these particular wells. This supply and flood protection and
suggests the question as to sanitation and health, involving
whether, viewed in the light of thethe general welfare of a large
past and prospective growth of growing urban population with
Miami, any premise that the pres- widespread expanding suburban
ent well field must be maintained environment. The plans for meet-
at all costs as the sole source of ing this situation must not be
water supply would in time prove cramped down to present require-
to be equally unsound. Knowing ments, they must not be limited
definitely that the present well to merely saving a water source
field is already threatened it would that is already menaced and in-
seem appropriate to question the adequate. They must be directed
advisability of spending money to toward future needs, toward water
try to maintain it as a continu- supply free from threat of contain-
ing source of supply. .One of the nation and ample for continuing
reports on salt water encroach- growth of population, toward bet-
ment states that a very large quan- ter drainage and toward better
tity of potable ground water ex- flood protection. They should be
ists in an area west of the salt in keeping with the dignity and
threatened zone. If this is so it the resources of a greater forward
might be desirable to acquire a looking Miami and Dade County
portion of such an area in ample whose people are willing and able
extent and remote enough from to demand adequate drainage as
tide water to be free from the salt well as ample water supply, not
water menace, surround it with merely for present conditions but
suitable controls, and, develop in it continually improving for increas-
a well field adequate to the ex- ingly better standards of living.
pending needs of the metropolitan
area of Miami. This would entail Long range planning for such
some expense, but it may be point- important public facilities as ade-
ed out that pumping water for a quate and safe water supply and
municipal supply involves relative- flood protection naturally involve
ly small quantities (the net water many conflicting problems, the
that is consumed) under the con- satisfactory solution of which can
editions of a steady and economical come only through comprehensive
power load. To pump water for study and careful appraisal of all
drainage on the other hand, in- economic considerations affecting
volves very large quantities at ir- the situation. Such an investiga-
regular and undetermined times tion should be made by an en-
and represents an expensive kind gineer or board of engineers with
of power load. Undrained land in specialized and extensive experi-
the Everglades area can still be ence in the field of water control
had for a few dollars an acre, and and utilization. Inasmuch as the
an extensive tract could be ac- water problems of southern Flor-
quired, as a permanent preserve ida are of imminent concern to
for surrounding and .protecting a the residents generally of the en-
future well field, for a moderate tire Dade County area, it would
investment. Rural land which has seem appropriate that such an en-
drainage facilities, such as that in gineering study be made under
the Dade Drainage District, has the sponsorship of Dade County.
attained relatively high values and The foregoing observations are
would be costly to acquire for such based on only a brief inspection
a person. trip and casual reading of such
Pumping a water supply from reports as happened to be at hand.
a distance presents no unusual They are not presented as studied
engineering problems, and is often conclusions, but rather as consid-
resorted to for acquiring an ample ered suggestions to direct atten-
supply free from salinity. An ex- tion to the need for a detailed and
ample of this kind is the recent careful study of the engineering
development at Newport News, and economic aspects of the
which has placed conducts extend- water problems of Dade County.


IF YOU WANT EXTRA COPIES OF THIS REPORT, WRITE SECRETARY, DADE DRAINAGE DISTRICT, 52 W. FLAGLER ST., MIAMI


LOO


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MADISON F. PACETTI
H. ELMO ROBINSON
ASSOCIATES


LAW OFFICES
MANLEY P. GALDWELL
HARVEY BUILDING
WEST PALM BEAOH, FLORIDA


TELEPHONE4949


July 24, 1946


Mr. Ernest R. Graham
Graham's Dairy, Inc.
Hialeah, Florida


Dear Mr. Graham:

Receipt is acknowledged of your letter of.
July 20th regarding the Everglades Drainage District
bond you have presented to the Federal court.

Mr. Sprigg showed me this bond just as I was
leaving Miami last week, and I did not secure complete
data in respect to the matter.

I have written Mr. Sprigg for further informa-
tion, and when I hear from him I will write you again.


SLAL
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VOTE "YES" IN THE WATER CONTROL ELECTION TUESDAY,DECEMBER 9TH, TO INSURE DADE COUNTY
HAVING ADEQUATE, FRESH WATER THE YEAR-ROUND WITHOUT DISASTROUS FLOODS AND DROUGHTS.,

As You VOTE "YES" YOU PROTECT YOUR FAMILY AND HOME AND TAKE A DEFINITE PART IN DADE
COUNTYIS FUTURE. CERTAIN SELFISH INTERESTS ARE OPPOSED TO THIS ISSUE, THEIR NEGATIVE
VOTE WILL DEPRIVE YOU OF WATER CONSERVATION ADVANTAGES. FOR YOUR OWN HEALTH, WELFARE,
AND ECONOMY VOTE nYES" IN THE WATER CONSERVATION ELECTION TUESDAY, DECEMBER 9TH, THE
ISSUE ON THE VOTING MACHINE READS AS FOLLOWS: -

i'Do YOU APPROVE THE PROVISIONS OF -APTER 24465, LAWS OF FLORIDA, ACTS OF 1947, WHICH
PROVIDE AMONG OTHER THINGS THAT ANY DRAINAGE DISTRICT OWNING LANDS IN DADE COUNTY MAY
ESTABLISH A CERTAIN AREA THEREIN FOR CONSERVATION OF WATER AND SOIL;THAT SUCH DISTRICT
OR ANY LAND-OWNER WITHIN SUCH CONSERVATION AREA MAY DEDICATE FOR SUCH PURPOSE ITS OR
HIS LANDS WITHIN SUCH CONSERVATION AREA; AND EMPOWERING SUCH DISTRICT TO COOPERATE
WITH OTHER PUBLIC AGENCIES AND BODIES, TO CANCEL TAXES OF SUCH DISTRICT AND TAX SALES
CERTIFICATES OF SUCH DISTRICT HELD BY IT, ON LANDS IN THE CONSERVATION AREA, TO RE-
LIEVE LANDS WITHIN THE CONSERVATION AREA OF FUTURE TAXES OF SUCH DISTRICT, TO REDEEM
TAX SALES CERTIFICATES EXISTING ON SUCH LANDS IN SUCH CONSERVATION AREA, TO EXCHANGE
LANDS OUTSIDE THE CONSERVATION AREA FOR LANDS WITHIN SUCH AREA, TO EMPLOY ATTORNEYS
AND PAY THEIR FEES, AND TO DO ALL THINGS NECESSARY TO CONSUMMATE THE PURPOSES OF SUCH
CONSERVATION AREA?"

"IF YOU APPROVE SAID CHAPTER 24465, YOU ,ILL VOTE "YES" ON THE QUESTION. IF YOU
DISAPPROVE SAID CHAPTER 24465 AFORESAID, YOU WILL VOTE "NO" ON THE QUESTION."










/ *

WATER CONSERVATION ELECTION LCELi*BR 9, 1947

ON DECEMBER 9 EVERY REGISTERED VOTER OF DADE COUNTY IS URGED TO PARTICIPATE
IN THE ELECTION TO DECIDE WHETHER OR NOT A WATER CONSERVATION AREA MAY CE ESTABLISHED
IN THIS COUNTY.

OUR WATER PROBLEM IS NOT ENTIRELY A "DRAINAGE" PROBLEM NOR IS IT ENTIRELY .
A "CONSERVATION" PROBLEM. IT IS RATHER A COM3NATI4fN OF- THE TWO AND CAN BE SUMMED UP
UNOER WATER CON RO.' THE PRJPO-lD iCONSCT.VAON C ir W LL STORE WATER FOR USE :N DRY


IT IS A IMUST"1 IF )UAODEL COUNTY S I'C ONYT.,UE TO G;O;WV AND PROS-ER iN FUTURE YEARS.

THE VARIOIJ D-lANAGE DI7R;CTS HAVE CHANGE OF DRAINAGE. THE COUNTY COMMIS-
SION HAS CHARGE OF Wrv, ER CONSE7'X:.A -O J N'Li-HER H.;: ; c OL.'. .'R )HE OTHER AND NONE
HAS GENERAL AUTHOF >-V Ov-_R WATa-R CON'MOLi. CONSTF.TjRN : I 'N e, ;J C JER 10 CO' PL ISH Ai4
OVN:Ek'.L CONrOL '" :-:;.' JCTH DROUTH ArD FLOD l'N:'. CNS CAN E AL.Lr.;Ni C E AND ;N MOST
IN'-.\,:CES Pr;EL-N J, V i: L LEGISLATURE OF FLORIDA A- IYS LAST SESSION PASSE? (:-.-PER
24 ;b', THIS ACT, :F p '-iOVED BY THE VOTERS OF DAuE COUNTY ON DECEMBER q, V1-S` AL rHOR-H
ITV 10 ANY DRAINAGE UDFi': ICT OWNING LANDS IN DADE COUNTY TO SET UP A CONSERVATII AREA,
AND TO DO WHAT MAY BE NECESSARY TO CONTROL THE SITUATION. THIS AREA IS BOUNDED ON rHE
VvESI -,Y THE HIGH LAND NEAR THE DADE-COLLIER COUNTY LINE AND ON THE NORTH DY THE JADE-
BROARED LINE. THE TAMIAMI TRAIL AND KROME AVENUE WILL FORM BOUNDARIES ON THE SO''-
AN) ....ST. THERE HAS ALREADY BEEN AUTHORIZED BY THE VOTERS OF BROWARD COUNTY A CONSER-
VA'-'NS AREA LYING IMMEDIATELY NORTH OF THE ONE PROPOSED FOR DADE COUNTY. THE TWO 10-
GETHlcR WILL FORM A SINGLE UNIT, IN THIS VAST AREA WILL BE IMPOUNDED WATERS TO PREVENT
DROUTH CONDITIONS SUCH AS WE HAD TWO YEARS AGO LAST SUMMER AND FLOOD CONDITIONS SUCH
AS WE HAD THIS SUMMER AND FALL AND ARE STILL HAVING.

THUS BOTH WATER CONSERVATION AND FLOOD CONTROL WILL BE MADE EFFECTIVE.
NEITHER WILL CE DESTROYED. ON THE CONTRARY, A BETTER SYSTEM OF DRAINAGE WILL DE ESTAB-
LISHED FOR IMMEDIATE USE WHENEVER NEEDED. FOR THE FIRST TIME SINCE FLORIDA AROSE FROM
THE BOTTOM OF THE SEAS, WE CAN MORE NEARLY MAINTAIN THE FRESH WATER TABLE WHERE IT
SHOULD BE NEITHER TOO HIGH NOR TOO LOW.

THIS PLAN FITS IN WITH THE ARMY ENGINEERSt OVERALL PLAN OF FLOOD CONTROL
AND WILL FORM AN INTEGRAL PART THEREOF. THE FEDERAL GOVERNMENT WILL REQUIRE US, THE
PEOPLE OF DADE COUNTY, TO LAY THE GROUNDWORK, OF WHICH THIS IS AN ESSENTIAL PART.
UNLESS WE DO OUR PART, THE FEDERAL GOVERNMENT WILL HAVE NOTHING TO 00 WITH IT.

BEFORE ANYTHING CAN nE DONE, HOWEVER, THE VOTERS OF DADE COUNTY MUST
APPROVE THIS LAW.

WHY A WATER CONSERVATION AREA?

THE AVERAGE ANNUAL RAINFALL FOR THE COUNTY IS ABOUT 59 INCHES AND THIS
SHOULD BE SUFFICIENT TO FULFILL WATER NEEDS FOR ANY FUTURE INCREASES OF AGRICULTURAL,
INDUSTRIAL AND MUNICIPAL REQUIREMENTS IF PROPERLY HANDLED. HOWEVER OUR SUB-TROPICAL
CLIMATE WITH ITS MARKED WET AND DRY SEASONS, AND THE PERSISTENTLY HIGH RATE OF EVAPO-
RATION THROUGHOUT ALL THE YEAR, COMBINE TO PRESENT PROBLEMS OF WATER CONTROL AND
WATER CONSERVATION NOT EXPERIENCED IN OTHER REGIONS.
THEAVRAE NNAL AIFAL ORTH CONT I AOU _9INHE AD HI


















A SIX-MONTH PERIOD EXTENDING FROM MAY THROUGH OCTOrC'R ORDINARILY MAKE UP
THE RAINY SEASON AND FURN SHE'S APPRCXIMA TELv THREE-FOURTHS Of THE YEARLY RAINFALL.
THE MONTHS OF NOVEMBER THROUGH APRIL ARE RELATIVELY DRY,,,FURNISHING ONLY ONE-FOURTH
OF THE YEAR'S RAIN, YET IT IS DURING THIS PERIOD THAT DEMANDS. OR AGRICULTURAL AND
PUBLIC SUPPLY ARE HEAVIEST. FURTHERMORE, EVAPORATION LOSSE' ARE NORMALLY GREATER
THAN RAINFALL DURING THIS PERIOD SO THERE IS A DEFICIT OF WATER DURING THE DRY
SEASON. SUMMED UP, THIS MEANS THAT FOR SOUTH FLORIDA TO HAVE A YEAR-ROUND WATER
SUPPLY, THE SURPLUS RAINFALL DURING THE SUMMER MONTHS MUST VE STORED FOR USE DURING
THE REMAINDER OF THE YEAR.

WATER MAY BE STORED IN TWO WAYS, BY SURFACE STORAGE AS LAKES OR PONDS OR
UNDERGROUND AS GROUND WATER. CITY SUPPLIES ARE ORDINARILY OBTAINED FROM GROUND-WATER
STORAGE BY MEANS OF WELLS, WHILE IRRIGATION FOR CROPS IS OBTAINED FROM SURFACE STORAGE.
FORTUNATELY THE EASTERN HALF OF DADE COUNTY IS UNDERLAIN WITH A LIMESTONE THAT IS
QUITE POROUS AND CAPABLE OF STORING LARGE QUANTITIES OF GROUND WATER. IT IS ESTIMATED
THAT EACH CUBIC FOOT OF THIS POROUS ROCK WILL STORE APPROXIMATELY OMW-AND-A-HALF GAL-
LONS OF FREE WATER. HOWEVER FOR GROUND-WATER STORAGE TO BE MAINTAINEr DURING DROUGHTS
IT IS NECESSARY THAT IT DE RECHARGED BY SEEPAGE FROM SURFACE STORAGE-. 4"

IN ADDITION TO ASSURING THECOUNTY OF YEAR-ROUND WATER SUPPLY RQR ITS FUTURE
AGRICULTURAL AND INDUSTRIAL NEEDS, THIS WATER CONSERVATION AREA WOULD LARGELY PREVENT
THE OCCURRENCE OF PEAT FIRES WHICH HAVE .EEN ALMOST ANNUAL EVENTS, FURTHERMORE, THE
RETENTION OF THIS WATER IN LAKES AND PONDS THE YEAR AROUND, RATHER THAN ONLY DURING
THE WET SEASON AS FORMERLY OCCURRED, WILL SERVE TO INCREASE AND CONSERVE OUR WILD
LIFE WHICH HAS. DEEN DEPLETED SINCE THE GLADES WERE OVERDRAINED,

STAYING AWAY FROM THE POLLS WILL PERMIT THOSE FEW SELF$S INDDIVIDUALS WHO
WANT THINGS TO CONTINUE AS THEY ARE TO DEFEAT THIS PROPOSITION. THEY ARE WORKING,
AND WORKING HARD TO DEFEAT IT. It YOU WANT THE SITUATION TO CONTINUE AS IT IS IF
YOU WANT FLOODS IN RAINY TIMES AND PARCHED SOIL AND TURNING EVERGLADES AND A THREAT
TO THE GREATER MIAMI WATER SUPPLY IN TIMES OF DROUTH THEN OPPOSE THIS PLAN.-.STAY
AWAY FROM THE POLLS. IF YOU WANT PLENTY OF WATER WHENEVER YOU NEED IT AND -NOTTOO
MUCH AT ANY TIME, THEN GET OUT AND WORK. TELL YOUR FRIENDS ADOUT IT. SEE THAT THEY
AS WELL AS YOU GET TO THE POLLS AND VOTE FOR THIS LAW. VOTE YES. ,

THIS 15 SERIOUS, YOU AS WELL AS EVERY OTHER VOtER MUST NOW GET OUT AND
WORK FOR T,4E HEALTH AND WELFARE OF OUR ENTIRE COMMUNITY, V.r E FOR THIS LAW,
VOTE YES.













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A bill before the House of Representatives in

Tallanassme (House Bill 660) can save Dade county taxpayers $136,000
a year! And at the same time wipe out the entire Everglades Drainage
district tax infour years
Worth thinking about, isn't it?
All property west of 27th ave., is in the Everglades

Drainage Ditriot, one of the fastest growing emotions of Miami and this
district pays..........
$ 78 per cent of the administration tax of the

ENTIRE Iverglades Drainage district!
Let's be more specific. Coral Gables citizens pay

about ONE THIRD of tha ENTIRE administration tax of the Everglades Drainage
District!
This bill ( House Bill 660) which would bring

such savings, would abolise the BOARD of the district and put the collection
of ALL debt service taxes of the district and a tzBeataz payment of all
bonds into the office, of the state treasurer and assign control of the
operation to our county commissioners.
Opponents of this bill have a story too. You should

know that story to you can better judge. Opponents say ALL of Florida
should pay for the Everglades development, on the basis that it's good
for ALL Florida. Successful OIL discovery would be good for all-Florida too,
but that doeest mean that Miamians shcad pay oil company taxesI
S'Dade countians pay about $84,000 in ddht service

taxes and another .052p000 in Ad Valorem taxes to the district. BUT NOW
-MAME WORK HAE BEEN DONE I DADE COUNTY'FOR THE PAST 38 YEARS!


II













WITCH FOR THIl! You'll 0b told, if you haven't been
already, that euch an aat would adversely affect the water conservation

program here. The AaSWLE to that comes from the chief engineer of the
Everglades Draiiinae district. Queetionixed in a hearing in Tallahassee by
Daae county representatives, this chief engineer BAID the proposed reservoir
would have LIT'LE material effect onthe kidaui Water supply.
YOU BE THE JUDGE. If you want this yearly caviib of

4136,000, write or wire your senator and representatives in Tallahassee to
vote FOR House Bill 660.


EEnest A. Graham.






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-the polvegsuer d
F Wrs' wei will paly dub:s i 1 f,3 s- .,,
SaAreA $az ai lAong as &w nt- Wtis. F
F If LB U o is wll $lJ T6 .j .^^-
S- t the debt. -* w .,".. ,a, -.x -t*, **. ot y.Sawe r 4, -L
w. believe it will end i pn tw year.. F
The dp"poW 'I Maia V, t e' to te4t1 l at th' '
s. h o Pe o rt ".at; 1Ta jo o..a .R. ., ie
Sl t E ap bill 14test h lp4 ,zsan ae (w, io l tI
pStatt, o a +t1$.-
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ftib- -to ardih6 Io vial 0.iroh a r, s`l +h, '; :



it possible th*. .t 7.%' of asAll ri th-' tverglatDg a m g
l.elyh that tn otb. o6ust4ol naeeeiag 41 oakth valtu
lthe t"i rn.ey. fo.r onots titssiit eit. ksef z C..j 'toL 't
wt. r 'bRPtolI. yiou glade Brainage piato t stat t a :ljt .i'nt 4st
,n1id that Ih proposeA resmoenq weob bvfla hfA ttt tt
f o o t i .water s '.; '.. .

P.'., ,a ,blish any Pes l y rc r ., ., .*a .,' ,".: .
R. _1 ,0 Pax' So, athe(v ; ;liam a.to.n.g-.,

lv g 'lo Ve number of t "Z -l .a p. ,ol. a o s fl 'a 't "'-.
present Evqrtlatde. Txas -are .aft apanAtil4 a t- a. s-:pt
Da.e county is oasrt e e~ m, . .




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PROPOSED EVERGLADES DRAINAGE DISTRICT ACT

RE CONVEYANCES TO THE UNITED STATES GOVERNMENTS


A BILL TO BE ENTITLED


An Act relating to Everglades Drainage District; providing

that the Board of Commissioners of said District shall have power and

authority to convey to the United States, or any department of the

Government thereof, lands of the District, or any interest therein,

upon certain terms and conditions; repealing all laws and parts of

laws in conflict therewith.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA:

SECTION 1. The Board of Commissioners of Everglades Drainage

District shall have the poorer and authority to convey and transfer

to the United States, or any department of the Government thereof,

any land any title to which is, or may hereafter be, vested in said

Board of Commissioners, or any interest in or pertaining to any of

said land, upon such terms as may be agreed upon between said Board

and the United States, or any department of the Government thereof,

whenever it shall seem to said Board that to do so"will redound to

the benefit of said Everglades Drainage District; subject, however,

to the provision that said Board may in its discretion require that

the said lands be controlled and operated with due regard to the

obligations and needs of Everglades Drainage District with respect

to drainage, water control, reclamation and conservation.
SECTION 2. If any section, paragraph, clause or provision

of this Act shall for any reason be declared invalid or unconstitu-

tional, nevertheless, the remaining portions of this Act shall re-

main in full force and effect.

SECTION 3. Notice of intention to aunly for the passage of

this Act by the Legislature has been published as required by Sec-

tion 21 of Article III of thq Constitution of Florida, and affidavit

of proof of such publication, together with a true copy of such

notice was duly attached to this Act when the Pill therefore was in-


_ I~~..... ..3...;-~_~_m -


ii
















produced in the Legislature, and accompanied said Bill throughout

the Legislature, as required by Sections 11.02 and 11.03, Tlorida

Statutes, 1941, and the Legislature hercby declares that such

notice and affidavit are sufficient in form and in substance and

that said Section 31 of Article III of the Constitution, and that

said Sections 11.02 and 11.03 have been complied with in every

respect.
SECTION 4. This Act shall take effect and be in full force

from and after its passage and aonroval by the Governor, or upon

becoming a law without such approval.

SECTION 5. All laws and Darts of laws in conflict herewith

be and the same are hereby repealed.




l l l l l l l l l l l l l l l l l l l


















A BILL TO BE ENTITLED


AN ACT RELATING TO EVERGLADES DLr.IIL.G[; DISTRICT: PROVIDING THAT
THE BOARD OF COMMISSIONERS OF SAID DISTRICT SHALL HAVE POWER
AND AUTHORITY TO CONVEY TO THE UNITED STATES, OR ANY DEPARTMENT
'OF THE GOVERNMENT THEREOF, LANDS OF THE DISTRICT, OR ANY INTEREST
THEREIN, UPON CERTAIN TERMS ANDE CONDITIONS; REELING 2ALL LAWS
I| AND PARTS OF LAWS IN CONFLICT rTiRL,.iTH.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA:

Section 1. Tho Board of Commissioners of Everglades Drainage District

shall have the power and authority to convey and transfer to the United States,

t or any department of the Government thoroof, any land, lying within the confines

of that certain area in Palm Beach County, Florida, heretofore designated by said

Board for watwe and soil conservation, to-wit:

Bounded on the north by Township Line L4/45, on
the west by Range Line 39/40, on the south by
Hillsboro Canal and on the east by the western
boundary of Lake vorth Drainage District said
lands being located in Township 45 South, Range
40 East; Hiatus 45/+6 South, Range t0 East. that
part of Township 46 South, Range O0 East, lying
north of Hillsboro Canal; that part of Township
47 South, Range 40 East, lying north of Hillsboro
Canal; Township 45 South, Range hl East; Town-
ship 46 South, Range 41 East; that part of Town-
ship 47 bouth, Range 41 East, lying north of
Hillsboro Canal,

and also any land lying within the confines of the proposed or established Ever-

glades National Park, any title to which is, or may hereafter be, vested in said

Board of Commissioners, or any interest in or pertaining to any of said land, upon

such terms as may be agreed upon between said Board and the United States, or any

department of the Government thereof, whenever it shall seem to said Board. that to

do so will redound to the benefit of said Everglades Drainage District; subject,

however, to the provision that said Board may in its discretion require that the

said lands be controlled and operated with due regard to the obligations and needs

of Everglades Drainage District with respect to drainage, water control, recla-

mation and conservation.
Section 2, If any section, paragraph, clause or provision of this Act

shall for any reason be declared invalid or unconstitutional, nevertheless, the



IIIilll ll IIIIIIIIII1 tt j











Page 2



remaining portions of this Act shall remain in full force and effect.

Section 3. Notice of intention to apply for the passage of this Act

by the Legislature has been published as required by Section 21 of articlee III of

the Constitution of Florida, and affidavit of proof of such publication, together

with a true copy of such notice was duly attached to this Act when the Bill there-

for was introduced in the Legislature, and accompanied said Bill throughout the

Legislature, as required by Sections 11.02 and 11.05, Florida Statutes, 191,

and the Legislature hereby declares that such notice and affidavit are sufficient

in form and in substance and that said Section 21 of Article III of the Constitu-

tion, and that said Sections 11,02 and 11.03 have been complied with in every

respect.

Section h. This Act shs.ll take effect and be in full force from and

after its passage and approval by the Governor, or upon becoming a law without

such approval.

Section 5. All laws and parts of laws in conflict herewith be and the

same are hereby repealed-*

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SUMMARY OF BILL ABOLISHING BOARD OF
COMMISSIONERS OF EVERGLADES DRAINAGE
DISTRICT


This bill abolishes the Board of Commissioners of Everglades Drainage

District effective July 1, 1947, and transfers its functions to the respective

boards of county commissioners of the counties lying wholly or partially within

the district. Such counties will continue levying the debt service tax in the

maximum amount now provided according to the zones established in Sections

1530(6A) and 1530(8), Chapter 298, Florida Statutes 1941, the proceeds from

which are to be turned over tob.the State Treasurer who shall place them in a

special Everglades Debt Service Fund. This levy will be discontinued when

sufficient funds are on hand to retire all district obligations outstanding

on July 1, 1947. All other funds of the district shall be transferred to the

State Treasurer on July 1, 1947, and shall become a part of the Everglades

Debt Service Fund. All real estate, title to which has been vested in the

district board for non-payment of taxes, shall be transferred to the State

Treasurer and may be sold on application after publication pursuant to rules

to be promulgated by the State Treasurer, Proceeds of such sale shall become

a part of the Everglades Debt Service Fund.

The State Treasurer may invest in United States Government bonds a

portion of the debt service fund during the period that same shall not be

required for payment of debts and obligations. The State Treasurer from

such funds shall retire and pay all debts and obligations of the district

outstanding on July 1, 1947, as they become due or payable. Thereafter, all

proceeds remaining in the fund shall be returned to the respective counties

in the proportion which the acreage of district lands in each county bears

to the total acreage of district lands as it now exists. The real property

held by the State Treasurer at such time shall be returned to the counties

wherein situate. Effective July 1, 1947, all other assets of the district

are transferred to the respective counties where situate. The counties after

July 1, 1947, shall have the power to levy taxes for the upkeep and maintenance

of the works and facilities of the district within the respective counties

and shall have the power to construct additional works and facilities when

needed, and to levy taxes for the cost thereof,


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A BILL TO BE ER'I7TL D


AN ACN L .! L'7.['G TO TiL r.'EiRGLArS DIAi..E DISTRICT; ABOLIS'HIG THE
.1:;-' 'D." i: ijS I' i F'.H -.' [ST frcT, AND VL T '. ". '. TS, F'.'RS,
])UTIL1, LIAl;dLITT..S, FR(.[ViLi .GCS AND .6V1i'.".ilM N!T[1L FUNCTIONS u' .'H OAi D
.iN TrL .LS0..C" 'VLC B) '? 01 O COUNTY C, i. liJLi.S c -E ' COi.iT..:;. LiIlIG
.. OLLY OR 1-.'TIAL.Y IN C.I ,STTCTj ATTTX-OIZTI.:' AND DI L.C': ,lG SUCH
.A. DS OF Cu i4TY COr!L.IS IOi.,'.. TO LLVY THE ,'L,.T SERVICE TAX NOW PO-
VIDDED BY L.T7 ON THE LANDS .kN SUCH ...11i NA .'TR.ICT; IROV[I .!',i 7I." ALL
MOi'YS AD 7_ N:U OF ( '.r iATU!-E O' SAID i !AiiA.'E IS'T:ICT NO:', H.,LI'L BY
IT, AND IIJCL I ,ir DEnT SERVICE "4: I''i.OC1 .-.,.3 IS E.F't,. COLL BE PAID AiLm) DELIVi. D TOO TnL STA' T GTEAS'.b;i. C`i TiH... 7ATE O1 fLO- A
WhO Si.A.._L zSTABLISl AND IAIIi'lAlIi A SIX C'iAL EV2- GLADJES ..:'RT S;,RVICE FIPWN
Atli AD!MI1r.S?"f' AD AY Tii '.l;Fr- r M 7"; DEBTS OF S-.1.' TAIT A.T. I ,': -lCT
INCI.P_,J; AND OUTSTAND']I "n ON JULY 1, 1947; PiOVIUJC; ih AUTHOR:-:Y' AND
IjETHO"i "l 'l T SAL' *;D C .TVEY.;,Q', OF JJ~ .i'S OWD Y c-AID '.4.I;,AGE DIS-
T"I.'CT AND [I: POSITION O'F i1'. .S '-! I,- SAlL LEj P-'T' FOR .IiiV.T-
MENTT PY "i-; STAT TR7.ASURER ,.. .' n AiJAGi,: .:ISTR.iC1 .: S; i-f'7I : il FOR
THE DISPOSITICO'i BY :H:. S'TAT.- T...ASJURMd- ?- ALL L UEY'i .AD .1 1-:'S
BELONi ''l TO :C.AD TDjAA' iA,' T:.. )T.CT TO riL -L:TFECTIVT i"!_r.;:.S OF SAID
D.AINA,- iTTT-. ,C' AFT' I- ALL SUCH TST'TICT DEDTS ARE PAID; FTROVI IiNG
'0; 1" ., .. .T-;',T OF 'TITLE TO ALL .CILI'7 rS, '::ORE S AiD I .' Viu l'i' A OF
SAID A.iA:. ISTIICT Ili T:L. CC'i rY .i"' IT AM ARE CC.'.IjCTD
AIJTiO :l;.!.. Ti SEVERAL C(..u.TI.. I SAID i- .i ~'.' '" i~ i .*' LV AND
ITO 0-r Ui oN LAin IN SAIl COUNTY -T AID -f t -.0E -cR.e~ CT A !.'AWNN-
ANCE TAX, AND A S EC.iAL -fA i AGi C.ONSTL UCT'ITf TAX ~ND t' '.SO.'IBING
THE T. .::S, C IT i.S ;u" i' : ( ,T' L i'V'l$" SUCH ''A ._5S Ti '.,ARrIG
T;E OTESR .TON OF ;:ICH t-1 ,3.i.GL FA'; 'Ji 1'.S AND VORTKS TO BE ''.ALID i"7"FTY
PURPO3AS; 1'',.VI'IiI TTIE ;..THO'. C, 'L,.. C.r ON AH 2 I:-OSITIOlj OF
OitAI .NA iL TAXES .'.1 LA.TRi LI...VI.. UON SAID LAN S IN SAID PR.t,-i4A.L DIS-
TR _CT ; }.'' IT.., A SAVING ,,LiU.'; }-. [,VTI THE L; ACTIVE I'A'fi, ''F 7TaS
ACTj AND ".TI AL liG ALL :A',,S IN 2. ]ICT T-. ITi-H.

BE IT LA '' ,D BY .1iL I uIS . OF TI- ST-. T, F FLORI 'A

SCTICih 1: The Board of Comnmissioners of the ;ivernlades Draii.a.,e District

be and the same is hereby dissolved and :,boli..hed, and the term of office of

each miembe- thereoi is hereby terminated, and the employment of each ;and every

officer, agent or employee of s-dd district is !.ereby terminated to take effect

at 12:00 o'clock noon on the first ,v of July, A. D, 19h7. All of the ri.Jhts,

powers, duties, 1. abilities, privile Tes and governmental functions 1ieretofore

vested in and granted to the Board of Commissioners of the E:eri lades Drainage

District, a political subdivision establi--hed, or,:anized and existing. undLer and

by virtue of the laws of the State of Florida, be and the same are hereby severally

transferred, set over, .ranted unto and vested in the respective boards of county

commissioners of the respective counties located and lying wholl' or partially

within the said LFerglades Drainace Uistrict as heretofore created by law, such










transfer shall become effective at 12:00 o'clock noon on the said first a;

of July, A. D. 19%.7 the aforesaid lowers, dAties and functions shall be exer-

eised and performed by each such respective board of county commissioners with

respect to the lands, works and facilities of the said Everlades Draina e

District which are situate within such respective county, whenever the nature

of such power, duty or function is consistent with the independent operation

by such board of county commissioners of the said drainage works and facilities

as to the lands of said District lyir; within such county.

SECTION 2S Each county lyin,- wholly or partially within said Ever lades

Drainage District is hereby authorized, empowered and directed to levy and impose

upon the lands of such District lying within the said county a debt service tax

which shall be the maximum a--ount provided for with respectt to the zones inci-

cated in Sections 1530 (6A) and 1530 (8), -'.:hapter 298, Florida Statutes 1941,

beG;innin,; with the year 19)6 and continuiitn thereafter each year until certificate

;hall be issued by the Treasurer of the State of Florida as hereinaTer in this

Section 2 provided to the effect that all rTincipal and interest on all obli-a-

tions of the Ever lades Draina-e District heretofore incurred and o:.atstaidinz on

July 1, 1347, have been fully paid and retired, or that suAfficient fur.ds or

securities have been allocated to the Ever',lades Debt Service Fund hercinafter

described, to accomplish full payment of said debts and olli,,ations as same shall

become payable. The p-roceeds of the debt service tax authorized herein shall be

allocated by the State treasurer to a special Everglades Debt Service Fund which

shall be maintained by the State Treasurer for the purpose of retiring, all said

debts and oleliaatious of the Everglades Draina,e District theretofore incurred

and outstanding, on July 1, 1947, as same shall become due or shall be payable.

The debt service fund of the Everglades Draiuiae District established under the

provisions of Chapter 14717, Laws of Florida, Acts of 1931, and all -on-:,-s therein

are hereby transferred and set over unto the State Treasurer effective July 1,

1947, and shall become a part of the special Everslades Debt Service Fund provided

for herein to be maintinned by the State treasurer for the purposes, .herein pre-

scribed. Upon the payment and retirement of all debts and obligations thore Lofore

incurred and outstanding on July 1, 19l7, a ,..inst the Everglades Draina e District,



2.











or upon receipt into the special Everalade-- Debt Service Fund or e:'i,-lcnrij

mosUys and securities to retire all debts and obligations aforesaid as same shall

become payable, the State Treasurer shall issue certificate thereof and file a

copy of the sase with eash such board of county commissioner. The debt service

tax provided for herein shall not thereafter be levied or ir.-posed except upon

further certificate of the State Treasurer that such levy or iT.position is neces-

sary in order to pay the aforesaid debts and obligations of the district i.eretofore

incurred and outstanding on July 1, 19s47, All proceeds roeaininu: in cs.id special

Everglades [Iebt Service Fux.id after the re-tirer.ent of all the aforesaid _.debted-

neas shall be divided among and paid to the respective boards of -.ruLy commissioners

in the proportion that the land acreage of the district situate within each such

county bears to the total acreage of the said Everglades Drainage District as it now

exists. Such proceeds shall thereupon become a part of the general revenue fund

of the respective counties*

SECTION 5; All proceeds of the administration fLnd, de'bt service '-hnd, and

maintenance fL;ud established by Section 1550 (kL4), Chapter 29., Florida Statutes ll,

together with all unit district preliminary construction and maintenance funds and

all other funds of the 'verglades Drainage Oistrict which are under the supervision,

control and jurisdiction of the said Board of .:omrriisrioners of river lades Drainage

District, are hereby transferred to the State l'reIsuror, effective July 1, I9i7.

The State Treasurer shall transfer all such funds to the special c -verjlades Debt

Service Fund provided for in this Act to bo ised for the purposes herein directed

with respect thereto. The State Treasurer shall have the authority to invest the

proceeds of such flnds or portions thereof for such period of tire as h-e will

not be needed for the payment of obligations, (the payment of which, according to

their terms cannot be accelerated) in United States Government bonds which bonds

shall become securities in the said special Zver.lades Debt Service ui-nd.

SECTION 4 ihe maintenance, operation, preservatioh and renderin., efficient of

all works heretofore oonstruo ed by Everglades Draina;o District shall be the

duty and function of the boards of county commissioner in each county lyin wholly

or partially within the district as to the lands, works and facilities of said








District lyin, within each such county. The board of county commissioners in

each such county at the time of preparing; its annual budget shall prepare also

a special budget ooverine contemplated cost of administration and maintenance of

drainage works of such District within the county and is hereby empowered, autho-

rized and directed to levy and impose upon such lands in the District lyinL within

the county a general drainage tax for the maintenance of existing works and faci-

lities of the District within the county from whioh the county board shall de-

termine that benefits accrue equally to district lands throughout such county,

In addition to the general drainage tax herein provided for, each such board of

county commissioners is further authorized and empowered to levy and impose a

special maintenance tax, not to exceed fifty cents per acre per year upon lands

within say unit district or other subdrainage district formerly under the control

and Jurisdiction of the Board of ConmiAssioners of the Everglades Drainage District

lying within such county or upon any area of land within the district and county

which the Board of County Commissioners shall determine to be uniformly specially

benefited by improvements, works or facilities lying therein which special main-

tenance tax shall be applied to the maintenance and operation thereof Each such

board of county commissioners is further authorized and empowered to levy a special

tax for the cost of oonstruotin; hereafter additional drainage improvements, works

and faoilites in areas designated by such board of county commissioners within

the district and within such county as being specially benefited by said additional

provided however that none of the general drainage taxes, special maintenance taxes,

or special construction taxes authorized by this Section shall be levied until

the same shall first be approved each year of levy thereof by the owners of at

least fifty per cent of the lands against which such tax is to be imposed. The

operation of the facilities and works as herein provided by each county lying wholly

or partially within the district, and the improvements and levying of taxes as pro-

vided for in this ot, are hereby declared to be valid county purposes for the

respective counties thereby affected.

SECTION 5t The taxes provided for in Sections 2 and 4 shall be assessed and

collected as other taxes within said county. The board of county commissioners

in each county shall certify to the tax assessor at the tina provided for certi-

fying .*enerel ad valorem taxes a list of lands lying within the district and county


- 4 -


_____~__~~~






upon which the taxes authorized by this Act are imposed for such year, Said list

shall in all matters consistent with the provisions hereof conform to the require-

ments of Section 1530 (h2-A), Florida Statutes 1941. Such taxes shall be included

in the assessor's roll with general ad valorem taxes. The provisions of general

law with respect to the collection of general ad valorem taxes of the coaty,

issuance of tax sale certificates, advertising tax deeds and redemption, sto.,

shall apply to the taxes levied pursuant to this Act. Proceeds of such taxes

wtah are herein provided to be paid to the State Treasurer shall be transmitted

thereto by the tax collector and certification of the amount so transmitted

shall be made to the board of county c ongisuioners. All other taxes provided for

herein shall be transmitted to the board of county commissioners by the tax col-

lector, All collections shall be transmitted on or before the l5th day of the

9. month following their collection.

SECTION 6s There are hereby transferred to the board of county caissioners

ot each county lying wholly or partially within the Everglades Drainage District

all facilities, works, constructionsl improvements, tangible personal property and

real estate (except lands, title to which prior to July 1, 1947, shall have been

vested in the Board of Coiassioners of Everglades Drainage District under the

proviians of Seetion 1530 (614, Chapter 298, Florida Statutes 1941) of the dis-

trict situate in such county effective July 1, 1917. Where a canal heretofore

constructed by said District has drained surface water from two or more counties

for the ten years preceding the passage of this Act the respective boards of

county camaadioners of the counties affected shall cause the capacity of such

canal to be measured, and shall by resolution allot the drainage capacity thereof

to such aforesaid affected counties in the same proportion as debt service taxes

of said District for benefits received from said canal hare been paid by smoh coun-

ties for such period.

SBCTION 7T, T collectors and tax assessors of the respective counties lying
wholly or partially within the Everglades Drainage District shall be compensated

for their services provided for herein, in the ma r prescribed by general law

for the asessaent and collection to ad valorem taxes of the county.

SBCTION 8 All moneys iy the hands of the clerks of the circuit courts of







of the circuit court as agent aforesaid to cause a notice of intention to

sell to be published in a newspaper published in the county in which said land

is situated, which notice shall be published once each week for two sudcessive

weeks, two publications beini, sufficiEnt, iWhich shall notify all concerned that

such land will be offered at such sale to the highest bidder for cash at the

court house door in the county where the land is situated, on the day to be

specified therein, which day shall be not less than fifteen days nor more than

thirty days from the date of the first publication of the notice. It shall be

the further duty of the clerk of the circuit court as agent aforesaid, to send

by registered mail at least fifteen days before the date of sale, a copy of such

proposed notice to the last known address of the person, firm, or corporation to

whom the lands described in said notice were last assessed, if known. However,

the failure of the person, firm or corporation to whom said land was last assessed to

receive such notice shall not invalidate the sale or affect the rights of the

purchaser thereunder, nor shall the failure of the clerk as agent aforesaid to

give such notice by mail invalidate the sale or affect the rights of the pur-

chaser thereunder, it being the intention that this provision for mailing of

said notice shall be directory only. Said sale may be held on any day of the

week except Sunday, and at any time specified in the notice between the hours of
i.
1100 o'clock A.M., and 2:00 o'clock P.M. of said day of sale. The amount de-

posited with the said circuit clerk as agent aforesaid by the person :desirin: to

purchase the land, shall be taken and considered as the first bid, and if no

other bids are made, the land shall be sold to such person by the/ '1rk as agent

aforesaid, for the amount of such bid, but if other bids are made, the land

shall be sold to the highest bidder for cash, and if the person iho made the

deposit is the highest bidder, the land shall be sold to him, and the amount

deposited by him shall be applied on his bid. The notice of sale aforesaid

may contain descriptions of more than one parcel of land and may cover lands

included in more than one application upon which deposits have been made by

different bidders as aforesaid; provided, however, that each such description

of lands as separately applied for shall be sold separately.

SECTION 10: Any lands stnck off to the Board of Commissioners of Everpl-es

I"





7.


i








the counties lying: wholly or partially within the Everglades Drainage District

received on July 1, 1947, or received by such clerks after such date, by virtue

of the provisions of Sections 1530 (61) and 1530 (62), Chapter 290, Florida

Statutes 1941, less the fees of such clerks provided for therein shall be remitted

to the State Treasurer and shall become a part of the special Everglades Debt

Service Fund provided for in this Act.

SECTION 9: The title to all real estate which shall have vested in the
Board of Commissioners of Everglades Drainage District prior to July 1, 1947,

pursuant to the provisions of Section 1530 (64), Chapter 290, Florida Statutes

1941, which have not been sold prior to July 1, 1947, shall be automatically on

July 1, 1947, vested in the Treasurer of the State of Florida. The State

Treasurer shall have the power to sell such lands for cash, and shall have power

and authority to adopt and promulgate reasonable rules and regulations relating

to the said sale of said lands, the minimum price at which the respective lands

shall be sold, and the method and terms of such sales. The said State Treasurer

shall constitute and appoint the several respective clerks of the circuit court

of the counties whose lands lie wholly or partially within the said Everglades

Drainage District as his agents for the purpose of sale and conveyance of said

lands and the said clerks are hereby authorized and empowered to execute con-

veyances in the name of and under the direction of the State Treasurer to the

grantees who purchase said lands pursuant to this Act and the rules and regulations

of the State Treasurer aforesaid. For services performed as such agent, the

respective clerks shall receive the fees provided by general law for similar ser-

vices performed as circuit clerk, and each such clerk as such agent aforesaid

shall promptly account to the State Treasurer for the sales of such lands accor-

ding to the rules and regulations promulgated as aforesaid.

Any person desiring to purchase any parcel of the aforesaid lands, shall

deposit with the clerk of the circuit court as agent aforesaid the amount of his

initial bid, which shall be not less than the price as determined and fixed by

the State Treasurer in his aforesaid rules and regulations, plus the estimated

costs of advertising the same for public sale, and all fees incident theretw~ro-

vided by law. Before selling any land, it shall be the duty of the clerk,


-6-




I


Drainage District by the tax collector at any sale prior to July 1, 1947, for

which the period of redemption of two years from the date of such sale shall

not have expired on July 1, 19147, and which shall not have been redeemed as

provided in Section 1530 (64), Chapter 298, Florida Statutes 1911, prior to said

date may thereafter be redeemed as provided for in said law within said two year

period of redemption; provided, that the title to any such lands not so redeemed

after July 1, 1947, and within the said two year period of redemption, shall at

the expiration of said time for redemptioit vest in the Treasurer of the State of

Florida without any further proceedings, and shall be subject to disposition and

sale in the manner provided by this Act,

SECTION 11 Upon the payment and retirement of all debts and obligations

heretofore incurred and outstanding on July 1, 1947, against the Everglades

Drainage District, as provided in Section 2 of this Act, all lands belonging

to said Brainage District hereby vested in the State Treasurer shall be certi-

fled by him to the respective counties in which such lands are situated and

located. Such certification shall have the force and effect for all purposes

of a fee simple conveyance, and shall vest title to such lands in the respective

county wherein the same are situated tnd located, and said lands hnnaA.r uww.uj

to sale and conveyance by the Board of County Commissioners of such county in

the manner provided by general law authorizing the sale and conveyance of county

owned real property.

SECTION 12i The provisions of this Act are severable, and if any of its

.provisions shall be held unconstitutional by any court of competent juris-

diction, the decision of such court shall not affect or impair any of the re-

maining provisions of this Act. It is hereby declared to be the legislative intent

that this Act would have been adopted and passed had such unconstitutional

provision not been included herein.

SECTIOQN ~1 All laws and parts of laws in conflict herewith are hereby

superseded and repealed to the extent of such conflict.

SECTION i. This Act shall take effect at 12s00 o'clock noon, July 1, 19L7.


*


- ;x.~ ...-,






24

NELL L. COWAN BOSTI'ICK LEGISLATIVE BUREAU
TALLAHASSEE,.FLORIDA


PEOPLES OF GLADES HOUSE BILL NO. 660
DRAINAGE & WATER CONSERV~fICOI READ 1ST TIME 5-7-47

A BILL TO BE EII!ITLED

AN ACT RELATIN; TO THE EVERGLADES DRSINAA3E DISTRICT; ABOLISHING THE
BOARD OF COIMMIS-IONERS OF SUCH DISTRICT, .~D VESTING THE RIGHTS., POWERS,
DUTIES, LIABILITIES, PRIVILEGES ,',!D :OV;1RJiLj'TAL FUNCTIONS OF SUCH BOARD
IN THE AESPFCTIvE BOARDS OF COUNTY COMMISSIONERS OF TIE COUNTIES LYING
WHOLLY OR PARTIALLY IN SAID DISTRICT; AUTHORIZING 'ND DIRECTING SUCH
BOARDS OF COUNTY COMMISSIONERS TO LEVY THE DEBT SERVICE TAX NOW PRO-
VIDED BY LAW ON THE L,NDS IN SUCH DRAINAGE DISTRICT; PROVIDING TILT ALL
MONEYS AND FUNDS OF EVERY NATURE OF SAID DRAINAGE DISTRICT NOW HELD BY
IT, ._ND INCLUDE) DEBT SERVICE TAX PROCEEDS H-EREAFTER COLLECTED SHALL
BE PAID AND DELIVERED TO, THE ST,'dE TREASURER OF THE STATE OF FLORIDA
WHO SHALL ESTABLISH AND MAINTAIN A SPECIAL EVERGLADES DEBT SERVICE FUND
AND ADMINISTER AND PAY rIHEREFROM THE DEBTS OF SAID DRAINAGE DISTRICT
INCURRED AND OUTST.TNDINT ON JULY 1, 1947; PrOVIDIhG3 THE AUTHORITY AND
METHOD FOR THE SALE : .ID CONVEYANCE OF LANDS OWNED BY SAID DRAINAGE DIS-
TRICT AND DISPOSITION OF PROCEEDS OF SAID SALE; PROVIDING FvR INVEST-
MENT BY THE STATE TREASURER OF DRAII i- DISTRICT FUNDS; PROVIDING FOR
THE DISPOSITION BY THE STATS TREASURSi OF ALL MONEYS AND LANDS
BELONGING TO SAID DRAINAGE DISTRICT TO THi RESPECTIVE COUNTIES OF SAID
DRAINAGE DISTRICT AFTER ALL SUCH DISTRICT DEBTS ARE PAID; PROVIDING
FOR THE VESTING OF TITLE TO ALL FACILITI-S, WORKS AND ITPROVE1IENTS OF
SAID DR.,ITAJE DISTRICT IN THE COUNTY nHEA THE SAlE ARE CONSTRUCTED;
AUTHORIZING THE SEVERAL COUNTIES IN SAID DR IlIGE, DISTRICT TO LEVY AND
IIPOSE UPON LANDS IN SAID COUNTY IN SAID DRAINAGE DISTRICT A MAINTEN-
ANDE TAX, AND SPECIAL DRAINGE CONSTRUCTION TAX AND PRESCRIBING
THE TERMS, CONDITIONS AND METHODS OF LEVYING SUCH TAXES; DECLARING
THE OPER.,TION OF SUCH DRAINAGE FACILITIES AND WORKS TO BE VALID COUNTY
PURPOSES; PROVIDING THE METHOD OF COLLECTION AND DISPOSITION OF
DRAINAGE TAXES HEREAFTER L!VIID UPON SAID LANDS IN SAID DRAINAGE DIS-
TRICT; PROVIDING A SAVING CLAUSE; PROVIDING THE EFFECTIVE DATE OF THIS
ACT; AND REPEALING ALL LAWS IN CONFLICT KI-~SWITH.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA:

Section l The Board of Commissioners of the Everglades District be and the
same is hereby dissolved and -abolished, and the term of office of each member there-
of is hereby terminated, and the employment of each and every officer, agent or
employee of said district is hereby terminated to take effect at 12:00 o'clock noon
on the first day of July, A.D. 1947. All of the rights, powers, duties, liabilities,
privileges and governmental functions heretofore vested in and granted to the Board
of Commissioners of the Rverglades Drainage District, a political subdivision es-
tablished, organized and existing under and by virtue of the laws of the State of
Florida,.be and the same are hereby severally transferred, set over, granted unto
and vested in the respective boards of county commissioners of the respective
counties located and lying wholly or partially within the said Everglades Drainage
District as heretofore created by lew, such transfer shell become effective at
12:00 o'clock noon on the said first day of July, A.D. 1947; the aforesaid powers,
duties end functions shall be exercised and performed by each such respective borad
of county commissioners with respect to the lands, works and facilities of the said
Everglades Drainage District which are situate within such respective county, when-
ever the nature of such power,.duty of function is consistent with the independent
operation by such board of county commissioners of the said drpin ge works and
facilities as to the lnnds of said District lying within such county,

Section 2a Each county lying wholly or prti-lly within said Everglades
Drainge District is hereby authorized, empowered and directed to levy and impose'
upon the lands of such District lying within the said county a debt service tax
which shall be the maximum amount provided for with respect to the zones indicated
in Sections 1530 (6A) end 1530 (8), Chapter 298, Florida Statutes 1941, beginning
with the year 1948 and continuing thereafter each year until certificate shall be
issued by the Treasurer of the State of Florida as hereinafter in this Section 2
provided to the effect that all principal and interest on all obligations of the
Everglades Drainage District theretofore incurred and outstanding on July 1, 1947,
have been fully paid and retired,, or that sufficient funds or securities have been
allocated to the Everglades Debt Service Fund hereinafter described, to accomplish
full payment of said debts and obligations as same shall become payable. The pro-
ceeds of the debt service tax authorized. herein shall be allocated by the State
Treasurer to a special Everglpdos Debt Service Fund which shall be maintained by


" 1 -





-2-


by the State Treasurer for the purpose of retiring all said debts and obligations
of the Everglades Drainage District theretofore incurred and outstanding on
July 1, 1947, as same shall become due or shall be payable. The debt service fund
of the Everglades Drainage District established under the provisions of Chapter
14717, Laws of Florida, Acts of 1931, and all moneys therein are hereby trans-
ferred and set over unto the State Treasurer effective July 1, 1947, and shall
become a part of the special Everglades Debt Service P'und provided for herein
to be maintained by the State Treasurer for the purposes herein prescribed. Upon
the payment and retirement of all debts and obligations theretofore incurred and
outstanding on July 1, 1947, against the Everglades Drainage District, or upon
receipt into the special -4viergledes Debt Service Fund of sufficient moneys end se-
curities to retire all debts and obligations aforesaid as same shall become payable,
the State Treasurer shall issue certificate thoroof end file a copy of the same
with each such bocrd of county commissioners. The debt service aix provided for
herein sh-ll not thereafter be levied or imposed except upon further certificate of
the Strte treasurer that such levy or imposition is necessary in order to pay the
aforesaid debts -nd obligations of the district theretofore incurred end outstanding
on July 1, 1947. All proceeds remaining in said speci-l Everglades Debt Service
Fund after the retirement of nll the aforesaid indebtedness shpal be divided among
pnd paid to the respective bo-rds of county commissioners in the proportion that
the lend acreage of the district situnto within each such county bears to the total
rcrenge of the srid Everglades Drrinpge Distriot as it now exists. Such proceeds
shell thercupon become a part of the general rovcnue fund of the respective counties.

Section 3: All proceeds of the administration fund, debt service fund, and
mpintennince fund established by Section 1530 (44), Chrptor 298, Floridn Statutes
1941, together with 1ll unit district preliminary construction and mninten-nce
funds "nd all other funds of the Everglades Drainage District which ore under the
supervision, control and jurisdiction of the said Boprd of Commissioners of Ever-
glades Drninage District, ere hereby transferred to the Strte Treasurer, effective
July 1, 1947. The State Treasurer shall transfer all such funds to the special
Evergledes Debt Service Fund provided for in this Act to be used for the purposes
herein directed with respect thereto. The State Treasurer sholl have the authority
to invest the proceeds of such funds or portions thereof for such period of time
a.s they will not be needed for the payment of obligations, (the payment of which,
according to their terms, cannot be "cceler"tod) in United States Government Bonds
which bonds shrll become securities in the said special Evurglades Debt Service
Fund.

Section 4a The maintenance, operation, preservation and rendering efficient
of all works heretofore constructed by Everglades Drrinoge District shnll be the
duty and function of the boards of county commissioners in each county lying whol-
ly or partially within the district as to the lands, works and facilities of said
District lying within each such county. The boprd of county commissioners in each
such county at the time of preparing its annual budget shrll prepare lso a special
budget covering contemplated cost of ndministr-tion rnd maintenance of drainage
works of such district within the county -nd is hereby empowered, authorized and
directed to levy rnd impose upon such l"nds in the District lying within the county
a general drainage trx for the maintenronc of existing works and facilities of the
District within the county from which the county board shll determine that benefits
crcrue equally to district lrnds throughout such county. In addition to the gen-
eral drninPge trx herein provided for, ecch such board of county commissioners is
further authorized -nd empowered to levy and impose a special maintenance t-x, not
to exceed fifty cents per acre per year upon 1-nds within any unit district or other
subdrninage district formerly under the control and jurisdiction of the Board of
Commissioners of the Everglades Drainage District lying within such county or upon
any area of land within the district and county which the Board of County Commis-
sioners shall determine to be uniformly specially benefited by improvements, works
or facilities lying therein which special maintenance tax shall be Epplied to the
maintenance and operation thereof, Sach such board of county commissioners it
further authorized and empowered to levy a special tax for the cost of constructing
hereafter additional drainage improvements, works and facilities in areas designa-
ted by such board of county commissioners within the district and within such county
as being specially benefited by said additions; provided however that none of the
general drainage taxes, special maintenance taxes, or special construction taxes
authorized by this Section shell be levied until the seme shall first be approved
each year of levy thereof by the owners of at least fifty per cent of the lands
against which such tax is to be imposed. The operation of the facilities and works
as herein provided by each county lying wholly or partially within the district, and
the improvements end levying of texes as provided for in this Act, rre- hereby de-
olrrcd to be valid county purposes for the respective counties thereby affected.

Section 5: The taxes provided for in Sections 2 and 4 shrll be assessed r-nd
collected --s other taxes within snid county. The borrd- of county commissioners
in erch county shrll certify to the tax assessor "t tho- time provided for certify.
ing general ad valorem taxes n list of lands lying within the district nnd county




upon which the tnxes authorized by this oct fre imposed for such year. Said
list shall in all matters consistent with the provisions hereof conform to the
requirements of section 1530 (42-A), Florid-. Statutes 1941. Such taxes shall be
included in the assessor's roll with goneral ad valorem taxes. The provisions
of general law with respect to the collection of general ad valorem taxes of the
county, issuance of tax sole certificates, advertising tax deeds and redemption,
etc., shall apply to the taxes levied pursuant to this Act. Proceeds of such
taxes which are herein provided to be paid to the State Treasurer shall be trans-
mitted thereto by the tax collector and certification of the amount so transmitted
shall be made to the board of county commissioners. All other taxes provided for
herein shell be transmitted to the board of county commissioners by the tax col-
lector. All collections shall be transmitted on or before the 15th day of the
month following their collection.

Section 6: There are hereby transferred to the board of county commissioners
of e-ch county lying wholly or partially within the Everglades Drainage District
all faciliti-s, works, constructions, improvements, t-ngible personal property end
real estate (except i1nds, title to which prior to July 1, 1947, shall have been
vested in the Board of Cor.missioners of Everglades Drainage District under the
provisions of Section 1530 64,1, Chapter 298, Florida Statutes 1941) of the dis-
trict situate in such county effective July 1, 1947, ;~here n canal heretofore
constructed by said District has drained surface water from two or more counties
for the ton y;rrs preceding the passage of this Oct the respective boards of
county commissioners of the counties affected shall couse the capacity of such
canal to be measured, and shall by resolution allot the drainage capacity thereof
to such aforesaid affected counties in the same proportion as debt service taxes
of said District for benefits received from said canal have been paid by such
counties for such period.

Section 7: Tax collectors and tax assessors of the respective counties
lying wholly or partially within the Everlaedes Drainage District shall be compen-
sated for their services provided for herein, in the manner prescribed*by general
law for the assessment and collection of ad valorem taxes of the county.

Section 8: All moneys in the hands of the clerks of the circuit courts of
the counties lying wholly or partially-within the Everglades Drainese District
reoeivwd on July 1, 1947, or received by such clerks after such date, by virtue
of the provisions of Sections 1530 (61) and 1530 (62), Chapter 298, Florida
Statutes 1941, less the fees of such clerks provided for therein shall be remitted
to the State Treasurer and shall become a part of the special Everglades Debt
Service Fund provided for in this Act.

Section 9: The title to all real estate which shell have vested in the
Borrd of Commissioners of Everglades Drainage District prior to July 1, 1947,
pursuant to the provisions of Secticn 1530 (64), Chapter 298, Florida Statutes
1941, which have not been sold prior to July 1, 1947, shall be 'utbmatic-lly on
July 1, 1947, vested in the Treasurer of the State of Florida. The State Treas-
urer sh-ll have the p:w-.r to sell such lrnds for cnsh, nd shall have power end
authority to adopt and promulgate reasonable rulos rnd regulations relating to the
said sale of said lands, the minimum price at which the respective lands shall be
sold, and the method end terms of such sales. .The said State Treasurer shrll con-
stitute -nd appoint the several respective- clerks of the circuit court of the
counties whose lands lie wholly c.r pFrti-lly within the said Iverglades Drainage
District as his -gents for the purpose of sale and conveyance of said lands,
and the said clerks are hereby -uthcrizod ?nd empowered to execute conveyances in
the name of and under the direction of the State Troasurer to the grantees who
purchase said lands pursuant tc this Act and the rules nd regul-tions of the State
Treasurer aforesaid. For services performed as such -gent, the respective clerks
shall rocciv.- the foes provided by general law for similar services performed as
circuit clrk, rnd eoch such clerk ps such agent aforespid shall promptly account
to the State Treasurer for the sales of such lands according to the rules and regu-
lations promulgated as eforesaid.
.ny person desiring to purchase any parcel of the aforesoid lands, shall
deposit with the clerk of the circuit .-urt as gent afcresaid the amount of his
initial bid, which shall be not less than the price sr determined and fixed by
the State Treasurer in his aforesaid rules nnd roguletions, plus the estimated costs
of advertising the same for public sale, and all fees incident thereto provided by
law. Before selling any land, it shall be the duty of the clerk of the circuit
court as agent aforeseid to cause a notice of intention to sell to be published in
a newspaper published in the county in which said lend is situated, which notice
shall be published once each week for two successive weeks, two publications
being sufficient, which shell notify all concerned thpt such land will be offered
at such sale to the highest bidder for cash at the court house door in the county
where the land is situetcd, on the day to be specified thurein, which day shall be
not less then fifteen days nor more then thirty days from the date of the first


- 3 -







P ag e Four

publication of the notice. It shAll be thju further duty of the clerk of the
circuit court as agent aforespid,. to send by registered mail at least fifteen
days before the dEte of sple, a copy of such proposed notice to the last known
address of the person, firm, or corporation to whom the lands described in said
notice were last assessed,. if known. However, the failure of the person, firm
or corporation to whom said lend was last assessed to receive such notice shall
not invalidate the sale or affect the rights of the purchaser thereunder, nor
shnll the failure of the clerk as agent aforesaid to give such notice by mail
invalidate th3 sale or pffoct the, rights of the purchaser thereunder, it being
the intention that this provision for mailing of said notice shpll be directory
only.. Said sale may be held on any da'y of the week except Sunday, and at nny
time specified in the notice between the hours of 11:00 o'clock A.M.,. and 2:00
o'clock P.M. of srid day of srle. The "mount deposited with the srid circuit
clerk Ps agent rforespid by the person desiring to purchase the lend, shall be
taken and considered as th.o first bid, and if no other bids are mPde, the land
Sj- : shall bqeold to such person by the said clerk es agent aforesaid, for the amount
of such bid, but if other bids are made, the lend shall be sold to the highest
bidder for cash, and if the person who made the deposit is the highest bidder,
the land shall be sold to him, and the amount deposited by him shall be applied
on his bid. The notice of sale aforesaid may contain descriptions of more than
one parcel of land and may cover lands included in more than one application upon
which deposits have been made by different bidders es aforesaid; provided, how-
ever, that each such description of lands as separately applied for shall be sold
separately.

Section 10: Any lands struck off to the Board of Commissioners of Everglades
Drainage District by the tax collector at any sn.le prior to July 1, 1947, for
which the period of redemption of two years from the date of such sale shall not
have expired on July 1, 1947, pnd which sh-:ll not hove been redeemed as provided
in Section 1530 (64),, Chopter 298, Florida Statutes 1941,. prior to said date may
thereafter be redeemed As provided for in said law within said two year period
of redemption; provided, thpt the title to any such lends not so redeemed after
July 1,. 1947,.- nd within the srid two year period of redemption, shall at the ex-
piration of said time for redemption vest in the Treasurer of the StPte of Florida
without any further proceedings, and shnll be subject to disposition and sale-.
in the manner provided by this Act.

Section 11: Upon the payment and retirement of ell debts and obligptibns
heretofore incurred pnd outstanding on July 1, 1947,, Pgainst the Everglades
Drainpie District, as provided in Section 2 of this Act, all lands belonging to
said Droinpge District hereby vested in the State Treasurer shall be certified
by him to the respective counties in which such lands are situated and located.
Such certification shall h've th; force -nd effect for pll purposes of a fee
simple conveyance, and shrll vest title to such Innds in the respective county
wherein the senme are situated pnd loctsed, and said lands shall be subject to
sale and conveyance by the Board of County Commissioners of such county in the
manner provided by general lPw authorizing the srle end conveyance of county owned
real property.

Section 12: The provisions of this Act are severable,, and if any of its
provisions shall be held unconstitutional by any court of competent jurisdiction,.
the decision of such court shall not affect or impair any of the remaining pro-
visions of this Act. It is hereby declared to be the legislative intent that
this Act would hrve been adopted and passed had such unconstitutional provision
not been included herein,

Section 13: All lpws and parts of laws in conflict herewith are hereby
superseded and repealed to the extent of such conflict.

Section 14: This tct sh-ll take effect at 12100 o'clock noon, July 1, 1947.


-4 -


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Amount of
an Flood


Nosey spent, l Dade County
ergenCy Mike work . .$119,867.73


t of Monr spent by the Federal
pnment on Flood teorgency dike work. .


. 39,82U1.30


$~19692.03


Mfint of Money spent by tade County
on flood Boergmomy oamal cleaning. . .


Amount of Unwey ujpnt Wy the Federtl
Government f n lood uarlgenay canal
cleaning work a a .


This aakes a total of. . .


. 19,L61.44


. a a 72.818.68


a 'a a a a a a a a a a a a a


92,280.12

2~1.,972.15


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TEITATIVE 1947 LEGISLATIVE PROGRAM,
EVERGLADES DrLiAQMAE DISTRICT, AS
PROPOSED AT I'MRLI IINARY LEGISLATORS'
CONFEREIICE, FEBRUARY 12TH

1. Amend statement of purposes of District to include water control and
conservation.

2. Amend sub-section t. of the section conferring powers on the Board for
the purpose of including after the words "other properties" the words "and
for the control of the installation and operation of public or private water
control facilities."

3. Specific authority to make oil reservations in District deeds, covering
point in controversy in ',est Florida I. I. Board litigation now in
Supreme Court.

4. Specific authority for consummation of proposed plans with U. S. Wildlife
Service and Park Service.

5. Provide statutory authority to dedicate conservation areas, ratifying
prior dedications. This would include soil conservation dedication powers
and provisions for cancellation of unsold tax certificates on conservation
areas, authority to redeem sold certificates on conservation areas, and
provision for no further certificates on such areas.

6, Provide for por.er to make "swaps" and exchanges where advantageous in
working out conservation areas and otherwise.

7. While not a part of Everglades Dr-Anage District legislation, it is
important to see that the I. I. Board secures legislation authorizing it
to dedicate conservation areas, to make exchanges and to deal with the
United States V.ildlife Service along the lines proposed with respect to
the Palm Beach County conservation area. This authorrt", -vhile intended
to cover these points, should be broad enough to authorize similar matters
which may be proposed in the future.

3. Provision allowing Board discretion in fixing attorneys' fees.

9* Provision based upon Sec. 298.57 in General Drainage Law for rights of
way of individ-.ls through lands of others for canal access, but making
the obtaining of such rights of way by individuals dependent upon approval
and permission from Everglades Board.

10. Provision for acquisition of easements reserved in I. I. Board deeds.

11. Provide a statutory remedy against squatters on the rights of way and other
properties of the District, with provision that the statutes of limitations
(Squatters' riiits) shall not run against the District.

12. Exemption of District from adverse effect of county tax foreclosures,
eliminating effort of Dade County decision.

13.?rotection of District against issuance of tax deeds, eliminating the
effect of the Rosen decision. This protection should include protection
against the possible loss of reserved rights of way through the issuance
of tax deeds.

14. Provision for specific statutory authority for use of :185,000 fund, for
use of 50,000 fund now in Federal Court registry, and any other funds
not earmarked at time of refunding for debt service, to be used for
construction and maintenance purposes.


I I












15. Provide that all proceeds from sales of land the title to which became
vested in the Board for non-payment of administration (ad valorem) taxes
only, hereinafter shall be paid into the Administration Fund of the
District, and that the Board may transfer into such Administration Fund all
proceeds of such sales heretofore made.

16. Clarify right to use Administration Fund for construction and maintenance.

17. Provision for giving Board power to use portions of Debt Service Fund not
earmarked for debt service by bond contract, for administration purposes,
including construction and maintenance.

18. Provide power to use Debt Service Fund for repairs, in the event of storm
or other natural emergency or "Act of God."

19. Increase ad valorem tax from one-half mill to one mill.

20. Revise provisions for setting up of maintenance areas and levying maintenance
taxes, so as to create practicable system.

21. Provision for taxing lands beyond the meander line of Lake Okeechobee, or
in the alternative, a provision disclaiming any responsibility for service
of such lands by the District.


'










Zarch 25, 1947


Everglades Drainage Distriot,
oameau Building,
l'est Palm Beach, lorida



Attentions: r. K.M. Throop
Treasurer



Gentlemen:


Peoeipt is acknowledged with thanks of your letter of the 21st instant

enclosing copies of proposed bills to be introduced at the coming ses-

sion of the Legislature as regards Everglades Drainage Diatriot matters,

as follows,


1 To establish areas for conservation water and soil in the District*


2. For maintenance areas and tax therefore in the District.


3. rFelating to County tax title suits ooveriniE, lands in the D stricta


4. Authority to convey to the unitedd States lands in the District or


any interest therein.


5. Relative to the administrative tax of the .istriot and increasLig

present tax for this purpose to 1 mill.


6. 1'ransfer to the ads..inistration fund o- the District any excess pro-

ceeds lro-. the debt service tax of the iistriot to the administra-

tion fund.


7 Tielative to water control and conservation of lands in the district*


V'e have not had opportunity, as yet, to study these proposed aots aun,

therefore, the followingg comments requested by you should be considered

as preliminary and tentative only.


1. ;;iile this proposed act apparently would have little or no efoeot

on tiose areas belonp.inp: to us in the district, it w-,uld appear to

have far reaohinE effect and, if such has not already been done, it

would be our suggestion that open hearings on the subject should be

held and the thoughts of those directly a-'ected be ascertained.

It occurs to us that this may become a very controversial matter.


_ - -- --- -------- ,,_.....,_ ------- - .--.-;.~.~~. ~-"-.~ ;;. ...~ 1


I















fIt as now appears to be the case, the tax for paying off the Dis-

triot's indebtedness results in the aoumulation of more funds than

are necessary for that specific purpose, then it occurs to us that

any such excess should be used to reduce the indebtedness and, in

this way, pay ot'f' the indebtedness ir even quicker time than was

originally estimated to be possible.


It is just such action as that proposed which brings into disrepute

the handling of the affairs o.' the Distriet. ie earnestly suggest

that this aot not be passed but, instead, that any excess funds in

this debt service fund over and above what is necessary to din-

sharge current indebtedness requirements, be utilized not for ad-

ministration purposes or any other purpose than more quickly dia-

charging the Distri.ote indebtedness.


T7 Our comment on this proposed act is the same as that stated in par-

agraphsa and 2, on the preceding pages.


We will appreciate any ecammnts froa you concerning our oo=mets above

expressed.


With thanks for your courtesy in the matter,



Very truly yours,


TAr.ISJSI LNWD DEVELOuMLk.ST 2uPANY


D, Graham Gopeland


-.Am


.. .-i....-











2. Our comment on this proposed not is the same aa that immediately

stated above.


. WeV see no objection to this proposed aote


4. Again, we see no objection to this aot, provided its purport is

t;1orou ghly understood and agreed upon by the owners o" land arreo-




5. "We most strongly oppose any increased village for administration

purposes


In the revamping of t e entire structure of the istriot dur.r.g the

Lolland Administration, a .ta oi 1/2 silU was imposed for administra-

tion purposes. Such tax is believe to be ample for the purpose and,

as stated we oppose any increase therein. For those portions of

the Distriot where absolutely no benefit has ever been received

from the Distriot's works and, indeed serious damage has resulted,

any tax for administration purposes is considered improper. ow-

ever, in order to "play ball", we did not oppose the 1/2 mill tax

for administration purposes. We will oppose any increase in that

tax if the increase be applied to our properties which, instead of

being benefited in the lightest degree by present works of the Tilse

triot and of those proposed, have actually been seriously damaged.


6e It is our opinion that this aot, providing for the transfer from

debt service tax fund to administration tax fund of any excess

S monies collected for debt service, is a very ba one and should not

be enacted into law.


It was our understanding of the original act governing debt ser-

vice that the main consideration was to pay off all debt at the

earliest moment practicable and, thereby, release all lands from

any originally incurred indebtedness.


For this purpose, certain debt service tax was established and, as

established, it was deemed just sufficient to pay olf the Distriot's

indebtedness in the shortest time possible*










GEORGE CONRAD WESTERVELT


8 CIRCLE
SEBRING, FLORIDA

PALM AND P1NE LAND CO. April 14
LAKE FARMS COMPANY
1947



Senator Ernest Graham,
Pensuco, via Hialeah,
Florida.

Dear Ernest:

I have no doubt that you have seen and are familiar with the various
special Acts of the Legislature introduced by Mr. W. D. Hilsabeck, Chairman of
the Everglades Drainage District.

Two of these Acts in particular, namely #9175 and #9177, have attracted
nm attention due to the sweeping nature of the proposed legislation and to a
very active doubt in my mind as to the reasons for the attempt to secure certain
powers, and the possible personalities behind these attempts. Take, for ex-
ample, Proposal #9177. This would empower the Board of Commissioners of the
District to establish areas for conservation of water and soil within the boundaries
of the District, etc. etc. I have not, of course, seen the proposed bill itself,
but an Act of this kind could, of course, be extremely startling in its extension
of the right of eminent domain and, in the case of our own immediate situation
in this area, could make it possible for certain individuals to benefit very
greatly at the expense of other individuals.

I tried to get you by telephone to discuss this matter with you but
due to the strike was unable to get through. Would you be kind enough to give
me your thoughts on these matters as I am sure you are reasonably familiar with
the behind-the-scenes moves and will, as always, be very enlightening and
definite in your opinions as to the merits of the proposals.

I am trying to get over to Tampa later in the week to discuss these
matters with Mr. John Lykes as, I am sure, he will take a very active interest
in them.

I wonder if you are familiar with another piece of proposed local
legislation. This is a proposed local legislation affecting Hendry County which
reads as follows:

NOTICE OF INTENTION TO APPLY FOR LOCAL LEGISLATION
AN ACT providing that, in Hendry County, no person, persons or
interests shall fence out: or bar: or keep fenced out the
public from fishing or hunting wildlife on any lands contain-
ing, or occupied by, such wildlife when such fishing or


Wt 336













Senator Graham


hunting is done in accordance with the rules and regulations
of the State Game and Fish Commission and providing that nothing
in such Act shall apply to homesteads; or of farm lands under
cultivation; or of Game Farms established and licensed in
accordance with existing laws and of the rules and regulations
of the State Game and Fish Commission.

A. A. Harrington
No. 191-March 13, 1947

Similar moves to this have been tried in many parts of the U. S. and
have, I believe, whenever they have come to court trial, been ruled unconstitu-
tional. This, of course, is an expensive and difficult procedure to carry out,
and it looks like the thing to do is to "scotch" legislation of this kind
a-borning, if possible. As you know it is extremely difficult to deal with
local legislation, as one legislator does not like to oppose the proposals of
another. Will you be kind enough to consider this matter in your reply to me,
letting me know what you know about the particular situation referred to and
what you think should be done about it. I feel certain that you, as well as
any other fairly large land owner, would be opposed to a legislative opening
of his area to anybody who might care to go in it with a gun or a fishing pole.
If the matter is successfully accomplished in one county it will, of course,
spread at the next term of the legislature into many counties.

With best regards,


Very sincerely yours,

/^ __


G. C. Westervelt


M M M M


April 14, 1947













BROWARD COUNTY


What the passage of House Bill 660 would mean to property owners

of land in Everglades Drainage District in Broward County:



It will save them approximately $1,957,000

Which is $1,873,000 ad valorem tax
84,000
$1.,957,000


Total cost per person per year -- Population 50,044 -- $1.95












GOLJIER COUNTY


What the passage aof ouse Lill 660 wouLk Man to

property owners of land in ivtrglades drainage Itriat in

Col"ier Countyi



It will save thom

eremage tax 20 year 484,40
ad valoreo tax 25 year 4.32
Total saving, n 1970 $94,392


Total per yr3 per person


- 0.96
mnE.u-a











HIC~-hL&1M1S COIJHTY


lWhat the passage of House Bill 660 would mean to the

property owners of land in Everglades Drainage District in

Highlands County:


It would save

Debt Service tax
Ad valorem tax
Total


$71,440
2,151
$73,591


Total cost per year per person Highlands County


-- $0.23














MONROE COUNTY


What the passage of House Bill 660 would mean to

property owners of land in Everglades Drainage District in

Monroe County:



It would save

Debt Service tax $68,600
Ad valorem tax 3,519
$72,119


---~i-- r...- ......,... .












Martin County


What the passage of House Bill 660 would mean to property

owners of land in Everglades Drainage District in Martin Countyr



It would save

Debt Service tax $253,660
Ad valorem tax 16,192
$269,852


Total cost per person per year Martin County -- $2.28












GIADES COUNTY




What the passage of House Bill 660 would mean to property

owners of land in Everglades Drainage Distriot in Gl deas County:



It would save


Debt Service Tax
Ad valorem Tax


$478,620
15,318
$494,958


Total payment per year per person in Glades County -- $11.40


m I .....











OsER COUNTY


lat the psetage of houus Bill 60O would mean to the

property owners of land at Sverglades Drainagoe i striot $a

Okeehbobae Couanty



It would *aWve

Debt servloe tax 569,600
Ad valorom tlx 14 =3
S74,030


Coat per person per year population 2,919 1.26












ST LUCIE COUNTY




What the passage of House Bill 660 would mean to the

property owners of land ih Everglades Drainage District in

St. Lucie County:



It would save

Debt Service tax $41,180
Ad valorem tax 2,392
Total $43,572









CHEROKEE HOTEL





J.A.STILES, PRESS. & MANAGER
TALLAJIS SEE,FLORIDA


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N1YO~Y ABOTA ALL.r AIAABL AWBN lINDA ANNrs.


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- NIIIl ~04L MID1 Uyll. ~ C





















FACING PARK AVENUE


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J. A. STILES, PRES. & MANAGER
TALLAHAS SEE, FLORIDA





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April 15, 1947





Jr. G. C, .]uetervelt
8 Circle
Sebring, Florida

Dear Mr. Westervelts

Your letter to Mr. Graham .was received today and we are .
forwarding same to hime

Mr. Graham is familiar with the proposed SEarglades
legislation and has been working with Mr. John Lykes
in Tallahasse on these matters. He is spending a part
of each week at Tallahassee during legislature and can
be reached at the Cherekee Hotel Tallahassee, Floridae

Very truly yours,

GRAiAL'S DAIRY, I!iC.








jL;>

_






TELEPHONE 3-4611


"TOPS IN SERVICE"




P. 0. BOX 125, BUENA VISTA STATION
3448 N. MIAMI AVENUE
MIAMI 37, FLORIDA



April 19, 1947


Mr. Ernest R. Grahas
Cherokee Hotel
Tallahassee, Fla.

Dear Ernest:

There has been considerable publicity relative to the
legislation proposed by the Everglades Drainage Com-
mission, and it appears that there may have been a mis-
understanding in some quarters as to how this legislation
was viewed by the Dade County Commissioners.

The legislation in question was discussed at length by the
Board of Dade County Commissioners on two different occasions
but was not considered favorably.

At the second conference the matter was referred to
Mr. Park Campbell and County Engineer, Earl Rader, for
further study and report back to the Board, but to the
best of my recollection no report on the outcome of this
study has yet been submitted to the County Commission.

With kindest personal regards

Sincerely,



I. D. MacTicar
County Commissioner, 3rd
idm;jl District, Dade County


1. D. MACVICAR


PRANK WELLS








Miami Springs, Florida


April 23, 1947


Hon. E. R. Graham
Cherokee Hotel
Tallahassee, Florida


Dear Senator:


We, the undersigned, being property owners on or
near the banks of the Miami Canal, from the City limits of
Hialeah to five miles north of Graham Dairy, are very much
interested in the Everglades Drainage Bill, now before the
Legislature, and would appreciate your assistance and in-
fluence in protecting our rights.
As you know, our homes are of necessity located
on the lands immediately adjacent to the Canal, these being
the only suitable homesites. Also, the school busses run
along Route 25 to pick up our children for school in Hialeah.
Thanking you in advance for your consideration and co-
operation, we are


Respectfully yours,


47i^1) .P 6iJb^(
Ad /2
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Judge Tom Connelly
Okesohobee ra tla


*HEARING ON DREAJIGE BILL WEDNESDAY AFTERNOON IHEE O'CLOCK

WOULD HELP A GREAT DEAL IF YOU COULD BE THERE WILL TRY .TO


TELEPHONE YOU TONIGHT FROM TALLAHASSEE


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April 12, 1C47


.r, D. CrS'.c. CZi.ci.-a "
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c o
S -., *u> . ... no c...c l .r

,O 'c ': r t. 1:1. -."1:. lie ::;, ir e- ..cod In *...co cnr '.i-1sbe-t
l no t.c cr. c ,' to :' .rv .: ,c iC .cra.sinr L.-oC ad vcloroci tax
ancd CuLO "c Li. i1 rcnrJ to vl.mt :r.3 tases an:l' lmaintoCnauc dlistriots.
Tir t.roccioL givc .~ i t.c .a:-or rea:,o. her e a Lhact thc. Lore just
'."ran"- tciorsraily, Lut thA ic Lot Lt .c tol me-. tiftcr talking
r-':th -'r. 1:k..y a:i o-,ic 1r, I dCubt if t:.,-J on :.c any ao the bills Ea
pr.uc:.ily -re.. 1r. .1y told Ie Thu y f', unT'd o support for these


:*i..j a he Ic :iscu.ed L.L.Le ciD-VLabllity of '.i:.ttin. in a bill
t c .. ro :x LL-c.-u t.. ivc.'lades -'raina-.e -.o oach co-j-ty ;ould have
0 cjLT-E.tJLL e. .-ht lJ nar- cl.ven cou.t-iiconerz. r hi1e that
roulc'. Lo ao. UTr-lSIdly boear,_ it i.ould practicallyy insure araln-t thel
-Mni-ulc, I.t.i .'-t 'L., zo on. 'r r t.C iact f .r rcars, tV:rcr? ::en r.avo
Jrc-tc c .11 -i, -l eL. -,- :c a.Jairc 1, ,'-. .is 'ic-.
& .s i...17.
.' : .. ... o no 1. .: r c c,... plan aic-' rL he doesn't
I: A, : A' : ;: "t .n,.,orL ti 'him Et th-" .-cxrt lez slaturo. As for
i::tcC, .... .-::.- cu't:-, cr 31-ads, or a..y ot'cr as iar &as ti'nt goos,
Lt. c .- a bill "t'. r ::. : a y "'i: a a c.,-. s:; ait.irai.c bill
ju. pin' -yor t-.cr :. ,.l::; r', you :..cr' o-cr-t - cas-cle cor auy
stable cro,, .,j -.uld -c; uiale to stay in 'usine-!sz.

S.ci::.--c ti.t . ocJL l '- X ar a .111 li:c t:.is, t irL;!t be
,occf.blo i-1: :;.- r. r 'rc to ct ac aiC. l': : ;our U n ours and all
the.-: cccti';2l ;'.ji;' :.... o.c u- u:.' l-aLc o 'j i'K.c: .lie.rct. In faot
i thiil: CRC o..u; C:l. .::-i vL Cr- a.~mzu. i C... L.'trc. of t'.e i:debtness
!i0ch v would bc very smal. z t' .r.t tirs it.. -1-. c.dorrl Goavernuwnt in
contrAl of" La Lu "l:-o'obnie, cn: sec :o roeazr- -'ro= an engn,' ering
standpoint :. t1 -y : c u1C -;ct to -.cic. '. cn c c. a;. o-t :z:ir advantages
fro. an or.1craziii ctan.,'ointb.

1 a. .atrc alg. to ..cllcIo..sccc :-on.wa -rn min- ard n ill be at the
Chcrok:cc r u... I,..:.-il .hur'say or :'riay. r .-.::1 .2taciato it if you
i:ould drooj .c. .'. liic tollinGc A .hat you think of this idca,

2incerely yours,



Ernest R. Graham ,
. ERGGb ..









TAMPA MORNING TRIBUNE:
FIRST OI N -THE W EST CO T r

TAM FA 1, F LO RI DA
April 12, 1947


Mr. Ernest R. graham
Former State Senator
Miami, Fla.

Dear Mr. raham,

The Tribune is interested in the water control problem in
South Florida and particularly in the Everglades Drainage District,
where the problem appears to be of more serious proportions than
anywhere else in the state.

In the course of an investigation of this problem, I spent
part of last week in the Palm Beach-Belle Glade area interviewing
various persons interested in the water control program.

Several with whom I talked mentioned you as a leading opponent
of a plan to establish three water conservation areas in the Ever-
glades Drainage District.

Inasmuch as we want to present all phases of the water control
issue, I would appreciate comment from you on the following questions:

1. What is your objection to the water conservation plan?

2. Approximately how much land do you own in the Everglades
Drainage District and how would it be affected, if at all, by the
proposed conservation plan?

3. What is your own idea of the proper way to solve the re-
current drouth-flood problem in the Everglades?

4. Do you approve or disapprove proposed legislation which
would enable the drainage district to increase its tax levy in order
to raise more money for maintaining drainage canals?

5. Do you have any specific criticism of the way the Everglades
Drainage District has been operated in recent years or is now being
operated

6. Do you think the entire water control problem, including
encorachment of salt in the fresh water supplies of the East Coast,
is one to be handled on a federal, state or local basis?

These are spedfic questions which occur to me as bearing on
the issue. Any related comment you care to make on the general
water control problem will be welcome.


I










TAMPA MORNING TRIBUNE
F= I = S -T C:) I "-r- VV E: S"r C=O C)A -r

TAM PA 1, F L0 RI A





I would appreciate an early reply, as I now have in hand most
of the material for a series of news stories on the subject and plan
publication within a short time,




Sincerely yours,


James A. Clendinen
State News Editor


I









WAR DEPARTMENT
CCOr'-' OF EI'I'J IT RS
Office of the District Engineer
.acl'so- ,iille, Fla.

SAKGB 800.Q2 (CR^.ODA'P P.E. 21 May 1947


NOTICE OF PUBLIC HEARING
on improvement of
NORTH NEVW RIVER AND IALIi CANALS, FLA.
FOR FLOOD CONTROL
TO BE HELD AT CITY HALL, BELLE GLADE, FLA., AT 10:00 A.M. (E.S.T.) 18 JUNE 1947



Pursuant to a resolution of the Committee on Flood Control, House of

Representatives, United States, adopted 28 Fay 1946; an item in Public Law

525, 79th Congress, 2d Session, Chapter 595, section 7, approved 24 July

1946; and an item in Public Law 526, section 11, approved 24 July 1946;

the District Engineer has been directed to make a review of previous reports

on Caloosahatchee River and Lake Okeechobee Drainage Areas, Fla., and pre-

liminary examinations and surveys as indicated in the authorizations quoted

as follows:

a. "Resolved by the Committee on Flood Control, House of Repro-
sentaTives, That the Board of Engineers for Rivers and Harbors created
under Section 3 of the River and Harbor Act approved June 13, 1902, be
and is hereby requested to review the report on the Caloosahatchie
(Caloosahatchee) River and Lake Okeechobee Drainage Area, Florida,
published as House Document Number 215, 70th Congress, 1st Session, and
subsequent reports, with a view to determining the advisability of
drainage improvement and flood control along North New River Canal in
Broward County, Florida."

b. "Sec. 7. The Secretary of War is hereby authorized and di-
ricteT to cause preliminary examinations and surveys to be made at the
following localities, * West Palm Beach Canal, Hillsboro Canal, New
River (iorth New River) Canal, and Miami Canal, for the purpose of
raising the water table in the area of Lake l0-eechobee, Florida.* *."

c. "Sec. 11. The Secretary of War is hereby authorized and
directed to cause preliminary examinations and surveys for flood control
and allied purposes * (to be made at the following localities) Caloo-
sahatchie (Caloosahatchee) River and Lake Ckeechobee Drainage Area,
Florida, for drainage improvement and flood control along North New River
Canal in Broward County, Florida. * "

The District Engineer has been authorized to combine the above authorized

reports with previously authorized reports on Test Palm Beach and Hillsboro

Canals into a single report.

In order that the required report may fully cover the matter, a Public

Hearing will be held i-i the City Hall at Belle Glade, Florida, at 1000 A.M.,










EASTERN; STAND.-.?TD TIIE, on 13 June 1lL7.


Since the public hearing held at Belle Glade, Florida, on 30 April

1cL6 covered a rather full discussion of West Palm Besch and Hillsboro Canals,

it is desired that the public hearing herein announced be concerned princi-

pally with North New River and !iami Canals. It is the intention of this

office, however, to present a comprehensive plan for flood control in the T.ver-

glades which will include features developed and coor.Jinted by the Corps of

Engineers end features a.-joc&ted by the Everglades Dreinage District, the U. S.

Department of Agriculture Soil Conservation Service, and several individuals

and agencies. In ordDr that local reaction may be obtained at the hearing,

Everglades interests are advised to.consult local newspapers for details of

the plan. A brief description of the plan is given as follows:

a. Since th.re are about 700 square miles of Everglades land
lying-south and east of Lake 01kech.obe.- along the main canals for vary-
ing di-tances up to 20 miles from the lake which are suitable for long-
term agriculture, consideration is 4iven to surrounding this area with
a perimeter levee and an interior rim canal,

b. Since the present canal system is inadequate for present and
prospective agricultural needs within the protected area, consideration
is siven to inirov--em-nt of existing canals, and construction of canals
running generally ..rallel to -nd between the Iiami and North New River
Canals and between North NIkw River and Hillsboro Canals.

c. Since drainage and ground-~at.:r requirements mu-;t often be ful-
filleT without delay, it is belicv..' that gravity flo': would be too slow
to prevent frcquc-nt damages. Therefor., consideration will be given to
large rrv-rsible pumping stations at the lake entrances of the perimeter
canals .nd each of the existing main c.:arjals for flood control or ground-
water reauireme.nts. L rge paLu'-1ing stations will also be considered for
the existing cantLls at the southern and eastern limits of the area suit-
able for agriculture, to deliver flood waters to cons rvgtion areas
outside the perimeter levee.

d. As much water as possible would be impounded in conservation
areas between the agricultural area and the coastal area for increase
in municipal wstr supply, soil and water conservation, wildlife benefits,
and amelioration of winter temperatur..-s. Improvement of spillway
structures at the coastal enis of e-isting canals would be necessary,
and certain control works and outlet channels would be required for
emergency drainage of conservation areas during periods of severe
rainfall.

All interested parties, including Federal, State and local government

officials, flood control and navigation interests, and the officials of any

drainage district or other local organization, representatives of civic and

commercial organizations, and private individuals whose interests may be

affected by the improvements under consideration are invited to be present


I I










SAKKGB 800.92 (CR&ODA) P.E.



or to be represented at the hearing. They are invited to give information

concerning the character of improvements desired and to give specific data

on the suggested means of accomplishing such improvements. Especially are

they invited to present data on the economic benefits to be derived from the

improvements which may justify Federal participation in their construction.

These data should include the most complete and detailed accounts pos-

sible of the dates, frequency, duration, extent and severity of floods,

together with their damage both direct and indirect to agriculture, business,

transportation and public health. Information is also desired covering the

aspects of wildlife, pollution abatement, malaria control, recreational

improvement, and other related ratters.

In adopting improvements of the nature under consideration, local

interests may be required to f() provide without cost to the United States

all lands, easements, and rights-of-w ay necessary for the improvement;

(b) hold and save the United States free from damaogs due to the construction

work; (c) maintain and operate all works after completion in accordance with

regulations prescribed by the Secretary of War; (d) make necessary alterations

to any existing improvements; and (e) participate in the cost of the project

as determined from the study of the benefits. Local interests should be

able to give an indication of the degree of local cooperation which they will

be willing to offer.

Oral statements will be heard, but for accuracy of record all important

facts and arguments should be submitted in writing, as the records of the

hearing will be forwarded for consideration by the ar Department. Written

statements may be handed to the undersigned at the hearing or mailed to him

beforehand. It is requested that written statements be submitted in sextup-

licate.

Please bring the foregoing to the attention of persons known to you to
be interested in the matter.



Colonel, Corps of Engineers
District Engineer
















22 May 1947

Hon. D. Coleman,
Senate Chambers,
Tallahassee, Florida
Dear Senator:
I understand that House Bill ,660 is before the Legislature and I would
appreciate it if you will vote for this Bill. I own property west of
27th Avenue in Miami and to the beat of my knowledge the abolishing of
tohe drainage district will not harm any one and on the other hand it will
effect a saving for the tax payers of Dade County.
It seems that most Bills in the Legislature create expense. This Bill
will reflaot to your credit since it will be one that reduces taxes for
ts. I kmnow you will look at the matter in the same light.
Sincerely, yours,


Pres. LEOtARD BROS. TRANFER & STORAGE 00., INC.
Copy to: Mr. Ernest R. Graham
o/o Graham Dairies,
Hialeah, Florida
















22 May 1947

Hon. VW. C. Lantaff,
House of Representatives,
Tallahassee, Florida
Dear Mr. Lantaff:
I understand that House Bill #660 is before the Legislature and I would
appreciate it if you will vote for this Bill. I own property west of
27th Avenue in Miami and to the best of my knowledge the abolishing of
the drainage district will not harm any one and on the other hand it will
effect a saving for the tax payers of Dade County.
It seems that most Bills in the Legislature create expense. This Bill
will reflect to your credit since it will be one that reduces taxes for
us. I know you will look at the matter in the same light.
.iiit kind regards, I am

Sincerely yours,


Pres. LEONARD BROS. TRAfSFER & STORAGE CO., INC,

Copy to: Mr. Ernest R. Graham,
Graham Dairies,
Hialeah, Florida

















22 May 1947


Hon. R. B. Gautier,
House of Representatives,
Tallahassee, Florida
Dear Mr. Gautier:
I understand that House Bill #660 is before the Legislature and I would
appreciate it if you will vote for this Bill. I own property west of
27th Avenue in Miami and to the best of my knowledge the abolishing tf
the drainage district will not harm any one ad on the other hand it will
effect a saving for the tax papers of Dade County.
It seems that most Bills in the Legislature create expense. This Bill
will reflect to your credit since it will be one that reduo" taxes tor
us. I know you will look at the matter in the same light,
With kind regards, I am
Sincerely yours,


Pres. LEONARD i~RS. TRANSFER & STORAGE CO,, INC.
Copy to Mr. Ernest R. Graham,
Graham Dairies,
Hialeah, Florida


I

















May 22, 1947


Hon. Riehard Oelkers
House of Representatives,
Tallahassee, Florida
Dear Mf. Oalkers:
I understand that House Bill #660 is before the Legislature and I would
appreciate it if you will vote for this Bill, I own property west of
27th Avenue in Miami and to the best of ay knowledge the abolishing of
the drainage district will not harm any one and on the other hand it will
effect a saving for the tax payers of Da4e County,
It seems that most Bills in the Legislature create expense. This Bill
will reflect to your credit since it will be one that reduces taxes for
us. I know you will look at the matter in the same light.
With kind regards, I am
Sincerely yours,


Pres. ONAD BROS. RANSFER & STORAGE C0., INC.

Copy to:
Mr. Ernest R. Graham,
c/o Graham Dairies,
Hialeah, Florida


M 0












May 21, 1947.


Senator E. R. Graham,
Pensuco
Hialeah, Florida. Re: House Bill #660.

Dear Senator Graham,

I saw your splendid advertisement in
the newspaper recently, and immediately
wrote to our Senator and Representatives
asking them to vote for House Bill #660.

I agree with you that this Drainage
District could very well be abolished without
doing anyone any harm.

Kindest regards,


Respectfully yours,



A. P. Walter


APW:er







/



May 22, 1947.





Eon. Wm. G. Lantaff,
State Capitol,
Tallahassee, Florida.

Re: House Bill #660
Dear Mr. Lantaff#
The writer is a resident West of 27th
Avenue in Dade County. I understand there is,
before the Legislature,the above numbered House
Bill for your consideration.
After considering the merits and
demerits affecting this Legislation, as a
property owner in Dade County in the area affect-
ed, it is my humble opinion that your vote in
favor of the passage of this Bill will result
in savings to our County.
At.any rate, from experience, I know
of nothing for the expenditure of any money that
has been made in recent years by the so-called
"Everglades Drainage District"# that has proven
of benefit to our County, and I am in favor of
abolishing it.
I shall appreciate it very much if you
will support the above Bill.
Respectfully yours,

A. P. Walter


APFWer











May 22, 1947.





Hon. Richard Oelkers, Jr.,
State Capitol
Tallahassee, Florida.

Ret House Bill #660
Dear Br. Oelkers,

The writer is a resident West of 27th
Avenue in Dade County. I understand there is
before the Legislature the above numbered
House Bill for your consideration.

After considering the merits and de-
merits affecting this Legislation, as a
property owner in Dade County in the area
affected, it is my humble opinion that your
vote in favor of the passage of this Bill will
result in savings to our County.

At any rate, from experience, I know
of nothing for the expenditure of any money that
has been made in recent years by the so-called
"Everglades Drainage District", that has proven
of benefit to our County, and I am in favor of
abolishing it.

I shall appreciate it very much if
you will support the above Bill.

Respectfully yours,


SA* P. Walter


APWter


r











May 22, 1947.


Hon. R. B. Gautier, Jr.w
State Capitol,
Tallahassee, Florida i
Re: House Bill #660
Dear Mr. Gautier,
The writer is a resident West of 27th
Avenue in Dade County. 'I understand there is
before the Legislature the above numbered House
Bill for your consideration.

After considering the merits and
demerits affecting this Legislation, as a proper-
ty owner in Dade County in the area affected, it
is y humble opinion that your vote in favor of
the passage of this Bill will result in savings
to our County.

At any rate, from experience, I know
of nothing for the expenditure of any money that
has been made in recent years by the so-called
"Everglades Drainage District", that has proven
of benefit to our County, and I am in favor of
abolishing it.
I shall appreciate it very much if you
will support the above Bill.
Respectfully yours,


A* P* Walter


APWter











May 22, 1947*


Hon. D. C. Coleman,
State Capitol,
Tallahassee, Florida.

Dear Senator Coleman, Re: House Bill #660

The writer is a resident West of
27th Avenue in Dade County. I understand there is
before the Legislature the above numbered House
Bill for your consideration.

After considering the merits and
demerits affecting this Legislation, as a property
owner in Dade County in the area affected, it is
my humble opinion that your vote in favor of the
passage of this Bill will result in savings to
our County.

At any rate, from experience, I know
of nothing for the expenditure of any noney that
has been made in recent years by the so-called
"Everglades Drainage District", that has proven
of benefit to our County, and I am in favor of
abolishing it.

I shall appreciate it very much if
you will support the above Bill.

.Respectfully yours,

A. P. Walter


APWter







May 24, 1947
-1-



NOTES ON EVERGLADES DRAINAGE


Due to the intermingling of funds and other conditions, the Everglades

Drainage District had practically bogged down in 1929. In 1931 a new act

was passed setting three taxes--administration, debt service, maintainance--

and also providing how construction work could be financed. The district

was re-financed in 1941 and again in 1944. When oil leases were given in the

Everglades, tax payments began to reach close to 100% and debt service money

began to accumulate until on October 31, 1946 the audit shows cash on hand

and U. S. Bonds in the amount of $1,252,000. The amortization schedule shows

that the bonds outstanding April 2, 1947 to be $3,594,000. Evidently this

would leave a net debt of approximately $2,300,000, but there is no accounting

made of lands and certificates owned by the District. From statements made

and information gained, we believe these assets are worth well over $1,000,000.

In other words, the real debt of the district is probably less than $1,300,000,

or equivalent to two years' taxes. If this is so, why should the landowners

west of 27th Avenue continue to pay debt service taxes for 23 years and an

ad valorem tax indefinitely

House Bill 660 would correct this condition. It would eliminate

the ad valorem tax on July 1, 1947. Incidentally this year the property

west of 27th Avenue paid in over $62,000, or approximately 80% of all the

ad valorem tax in the district. Does it make sense to you that 80% of

all the ad valorem value in the Everglades Drainage District is in that

area west of 27th Avenue? Or that this area should carry 80% of the

administration and 80Q of the maintainance that is no* being done*.---(

The passage of House Bill 660 would end the ad valorem tax July 1

this year and the Bebt service tax in at the very most four years, more

likely in two years. It would make a saving to the tax payers of Dade County

west of 27th Avenue of approximately $3,000,000.

This ad valorem tax was started over 30 years ago. Since then the

development west of 27th Avenue has been such that the tax is now just a

nuisance tax as far as small acreages, land and lots are concerned. But,










remember it encumbers your land. Remember that this area takes in the

municipalities of Homestead, South Miami, part of Cocanut Grove, Coral

Gables, Miami Springs, Hialeah. it Opa Lockma %NWS i { 2

House Bill 660 puts the debt service money in the hands of the State

Treasurer. The tax will continue until a sufficient amount is on hand to

pay off the bonds and this cannot take over four years and will probably

be within two years After that, no debt service tax will be paid.

House Bill 660 places management of the district in each county in

the hands of the County Commissioners. This will eliminate all administration

costs. One of the objections to the bill is that there was no co-ordinating

body in case of disputes between counties.. This objection w~.albaweliminated

by making the State Conservation Board (which consists of the whole cabinet:

who are all elected by the people),the co-ordinating body.

In principal, the opponents approve the bill as I have been told the

are willing to let out of the district all counties except Hendry, Palm Beach,

Broward, and Dade. Why keep Dade in except as a source of enue? The

Everglades Drainage District has spent no money in Dade County in the last

20 years. Dade county now has a county wide water conservation district and

can assess a two mill levy which will raise $250,000 per year# Why should
.r.e. . .... .
we carry we carry some one else's burden to the tune of approximately $150,000

per year? Furthermore, if Dade does not get out of the Everglades Drainage

District when the small counties do, she, will never get out.

House Bill 660 should be passed now. The old tax set up should be

completely eliminated. Do not think Made County is the only county getting

a Bad deal. All the small counties around the north end of the Lake get

practically no benefit since the Federal Government now controls Lake Okeechobee

and the St. Lu6ie and Caloosahatchee canals. For instance, Glades County 1946

levy was over $24,000. This meant $11.40 for every man, woman, and child per

year. Do you wonder that they want out?

The solution is this: pass House Bill 660 and eliminate the present

tax set up. This bill provides for levying taxes for maintenance and construction

but makes it so those who benefit shall pay the cost. (What is unfair about

that?) Th'aeretv"and ofP-two-years t is unworkable as some opponents

olaim, ..Dale, Broward, Palm Beach, and Hendry could join together under a local

bill without opposition.

> jIf you favor House Bill 660, wire, write, or call Senator Coleman and

your House Delegation of Messrs. Oelkers, Gautier, and Lantaff.


------













In rftes noe to aouse Bl 860, the purpose of which bill Is

to abolish the Board of Ccmmis ioner of the 'verOgdes Drsinage

District and put the colleotion of all debt serves taxes and the

paysmt of all bond in the hands ef the Stato Treasurer, and to

put the control of the wriwe in the bands of the County GauDicaoners

of at County.

'iah information has been given st about this bill whieh L

not true. the ftets are these Ai property in Lade County west

of Sth Avenue It in the Everglades Draima District. The growth

t this arse ban been so gzeat tnht n~ this area aloe payg 78O of

the administasti~ o tax of the Derglade Dalamsng Dietiote. As

fbr instans. Osarl Ombles aloes papys 17,500, or approximately 1/t

of the entire administration tax of t:e district. Thsea figures can

be wvrified by calling Mr. Newt Lumnus, Tax Assessor of Ltde County*

Iad Cownty ays approximately $84,000 per year in debt servsie tass

and no work Ies been done in Dade County in the last twnty years

Iwo years 6,* the Dvrglades Draina Jistria~ Cramnisioner

brought in bills that would have doubled the ad 'vloreF tax and

would tanstrr part of the debt esrvioe money to construction purposes

Thow bills wre beaten in ooittees. This year the same bills un

brougWt bek in In ftt, they advertsed seven or eight bills but

o itWh eprnosition wv rated that only four billsa re introduced.

After the first bill as rejected b the Senate omBittee# the rest

of the bills w- re hld p in the Senate and withbdsrn bg the coasittee

in the House and indefinitely postponed.

Kuh has been said about thi water conservation this area

but the Chief h~ngineer of the Sverglades :,rainae a i triot wrn

questioned by the represent tive frarn Dade County stated that the

plane of the District and the resolutions p proposed would hav little

material efteut an the Yia mi water supply*

Those in control of the trerglades Bor. tay openly state they

believe ll at ilorida should contribute t t he dew palonmt of tbi

flerglades. 'he sponsors of the ;ious Bill 6O0 believe that ay arm

to be developed in the Evrglades asould bear its am casts. ?he


----











oil amlsee i the Svrglade a re ponble for the people payng

pretiamlly 100l a the debt serve tax. As a result of that te
oolleootior are apvroxLrately GOO.G00,0 a year If this noney is used

for te purpose it saoald be used for, all the bonls woul be rettid

in less than four years' tize. That euans the property iners west

of 27th Aennu would save saoe ,84,000 a year in debt senior tax

If House Bill 8i0 paseu the ad valorem woule. be abolished July I

and th tapers of this area woulc save approximately another '.52.000

a year*. Owing tio growth and rapid devlonent west of *th Aven

thief taae in doectead, mu of Coconut GroveB all of Coral Gsblese

l:iLas Springs, ia2e.hf, and Cpa Lo a. This land has beer divided

ibto oity lots and mall acreage and the Rvergladea debt erwioe tax

has boms more or less of a n uaL3fe tax~ At the sars timr, it is

a lian oa the pro-ejd in this aEre '=any of you will really one

piece of property that was lost or nearly lost for l.42 drainage

tx certitinftot

No greater benefit could ow to this area t os to abotll those

taw taxes. It this it done, it will be one of the iw taxes abolished

at the present session of the Legislature.

Mr.e Graham Gopeland of Everglades, Florida, who is a cdradm

of AInapolia and one a: the beat engineers In the "tate of Florida

aid to has lived in the _verclades for the past 2W years, says

that 'roa an raelcerin, atandl.,oint thore Is no reaspa hy the County

JaBaisisonera of each o should not taage the affairs of their

respective oountieso

If you wish to Let out .r.x under this tax burden, ';I' YOuri

SKATOR ZD0 YIO 7R 2EPrES;&ATIV1i acing theR to 11M? P.. O:USE BILL L 69


..._





I :









May 84, 1947
VIA AIR MAIL
SPECIAL DELIVERY
Honorable 1. PI Kelly,
Floridan Hotel,
Tallahassee, Florida.

Dear Mr. elly

I received your telegram yesterday afternoon reading as fol-
lows
"PLEASE SEND ME BY LETTER ANY INFORMATION PERTAINING
TO OUR COUNTY AND DRAINAGE DISTRICT IN EVENT I AM
ASKED OW THP FLOOR HOW IT AFFECTS US REGARDS"

To which I replied this morning by wire as follows:
"RETEL DRAINAGE AMMU-.NITION AIR MAILED YOU SPECIAL
DELIVERY FLORIDAN HOTEL TODAY REGARDS"

I take pleasure in enclosing herewith my knowledge of the
Drainage Distriot bill (louse Bill 660) as it is viewed by
your constituents in Collier County.

It will require 10 minutes to read the entire manuscript
enclosed herewith.

I infer from your telegram that the bill abolishing the
Drainage Distriot Board will come up early next week in the
House, and that various supporters of the Bill, including
yourself, will be called upon to explain the provisions of
the Bill.

If such inference be correct, it would appear logical that
the leading proponents of the Bill might well confer among
themselves so as to prevent any conflict of statements.

With this in mind, I am enclosing herewith two additional
copies of my suggestions and, if it meet with your entire
approval, I would suggest that you hand one copy to Senator
Graham and one copy to Mr. Lykes so that they may suggest










May 24, 1947


COLLIER COUNTY AND EVEROLADES DRAINAGE DISTRICT,

When Collier County was created in 1923, 18 Townships in the
extreme Eastern portion were found to be in the Everglades
Drainage District. Many years previously, some draftsman in
attempting to make a nice map put them there.- That is the
sole reason they are there today, as no portion of Collier
County lies in the Everglades.

NO WORK OP ANY CHARACTER WHATSOEVER HA" EVR EEW DONE BY THE
DISTRICT IN COLLIER COUNTY.
The nearest Distriot work to Collier County is the Miami Canal.
This canal, fortunately for Collier County has silted up and in
its Northern reaches opposite Collier County is little more
than a ditch. It approaches nearest to Collier County 10 miles
from the Northeast corner of the County and from the Southeast
corner of the County is more than 30 miles away -- the average
distance from Collier County being more than 20 miles.
Instead of benefitting Collier County, the Miami Canal has
actually caused grave damage to farm and timber lands in Collier
County by reason of the vast volume of water formerly brought
down from Lake Okeechobee and the Northern Everglades, whioh
water overflowed the banks of the oanal into the Tamiami Trail
canal which drains water from a point only 10 miles West of
Miami and dumps it into Collier County.
Collier County, since its formation in 1985 to 1930 when the
Drainage District became bankrupt, paid its drainage taxes 100%
and actually contributed to the District in those 7 years in
excess of $202,00. And, since the refinancing during the
Holland Administration to date, Collier County has paid in
addition all of its Drainage taxes Just 100% in the amount of
$37,000. -- a grand total of about ONE QUARTER MILLION DOLLARS -*
FOR ABSOLUTELY NOTHING
When the refunding plan was beirg considered, Collier County
was not permitted to withdraw from the District on account of
bonds in the hands of third parties, but the Administration and
the R.F.C. agreed that, as Collier County should never have been
in the District, it would be placed in a low zone with Monroe
County.
Collier County has fulfilled its obligation exactly 100% every
year and seeks only to pay off its portion of the debt and be
forever freed from further burden.











-2-


A smokesoreen has been thrown about the entire matter by those
who, for selfish motives, would defeat the present bill which
seeks merely to eliminate the Everglades Drainage Distriot
Board. The uninformed would be led to understand that this
bill will destroy the Drainage District and ruin its prosperous
farmers.

What are the facts?

This bill will not destroy the Drainage District: It will
positively help every farmer in the District by eliminating
the District debt.

The District Board consists of 5 members each appointed by
the Governor and, of the 11 Counties in the District, at least
8 have no representation whatever. This bill definitely con-
tinues the Drainage District EXACTLY AS PRE7CRIBTD BY PRESENT
LAW, except only in one important particular -- namely the
abolishing of the present Board and placing the direction of
the District in the Commissioners of each of the Counties in
the District, all of which County Boards are elected by the
people in the District.

Why do we desire to abolish the Board?

The answer is simple. It has betrayed its trust and abused
its power

In what manner has this Board betrayed its trust and abused its
powers?

The present law states that only S forms of taxes may be levied.

First, an acreage tax to pay off the Distriot debt, which tax
varies in amount according to the location of the lands taxed
and according to the benefits received by those lands from the
works of the District constructed by the District many years
ago; and

Second, 1/2 mill ad valorem tax for administration purposes; and

Third, a maintenance tax which may be assessed ONLY against
those lands which will be benefitted by the maintenance work.

This law is admirable and is extremely clear and simple in
application. It seeks merely

First, to pay off the District debt now down to about $3,500,000;










03-


Second, to provide for ample administration of the District; and

Third, and finally -- AND SIGNIFICANTLY IMPORTANT -- provides
a simple means for constructing new work and repairing old ones,
whereby ONLY THOSE WHO BENEFIT PAY.

It is significant that, since the refunding was completed during
the Holland administration, NOT ONE PET1Y has been levied for
maintenance.

Why?

simply because the few who derive benefit DO NOT DETIRE TO PAY,
but, instead, WANT TO PORCE THE ENTIRE DII.TRICT TO PAY FOR WHAT
BENT-FITz 'iTIEM ALONE.

This statement may appear so absolutely incredible as to be
unworthy of belief by business men such as compose this honorable
body; but it is absolutely true.

During some 6 tax years, large excess funds have been aoouulated.
How may this accumulated surplus be legally seized from its
rightful owners and spent for the benefit of a few?

Answers The present Everglades Drainage District Board actually
advertised and sought to have this Legislature enact into law
several bills which would completely kill the intent of the
present law.

The first of these proposed bills sought to increase the tax
for administration purposes from 1/2 mill to 1 mill, and to
provide that any surplus in the administration fund could be
used fcr maintenance and construction purposes.

It required only one or two radio talks for the people of Coral
Gables, Miami and Hialeah to realize that 78% of this tax would
come from their pockets. The reaction was so loud and so im-
mediate that that proposed bill was withdrawn RIGHT NOWl

The second of these proposed bills would turn any excess in the
debt service fund not currently required into the administration
fund, which, in turn, might be used for maintenance and new
construction work throughout the District.

So perfectly ruthless and contrary to all business principles
was this second bill and such "hubbub" was raised concerning
it that it too was quietly withdrawn. Each of you has sought
loans at banks and some of you may have borrowed from the R.F.C.
Everybody knows that no bank or the R.F.C. will loan large sums
unless the loan is properly secured and unless provision is made










-4-


for retiring the debt as prescribed.

In the case of the Everglades drainage District, the R.P.C.
prescribed the exact acreage tax to be levied in each zone.
But, contrary to what had been expected, the refunding plan
proved so excellent that land owners actually paid their drain-
age taxes better than the R.F.C. expected. On top of this,
suddenly oil was discovered in Collier County close to the
Western boundary of the District, and a stampede to pay taxes
on hundreds of thousands of acres leased for oil purposes with
consequent tremendous increase in the value of lands in the
Drainage District.

All this resulted in the accumulation in the debt service
funds far in excess of requirements for current payments.
This excess, according to the Drainage District's own audit,
NOWY AMOUNTS TO MORE THAN ON'E MILLION DOLLARS. You may now
begin to see why this Board has attempted to betray its trust
and has actually sought the passage of a bill to legalize
what is little less than theft of debt service money paid by
hard working taxpayers in order that it may construct and main-
tain works which will benefit only a favored fewl Is hot this
alone sufficient reason to abolish this Board?

This is the reason outraged taxpayers demand that an end be
put to such flagrant violations of the law, and that the Board
be abolished and its duties placed in the hands of competent
Boards of County Commissioners, the members of which are always
under the eyes and nose of the taxpayers who elect them.

(Noter In the event the actual ftpures are desired, the follow-
ing is taken from the audit of the Drainage Board as presented
to Senator Pranklin, recently.

"Cushion Fund $500,000.00
Debt Service Cash in Banks 883,995.30 $1,583,995.30
Less!
Bonds called Apr. 1, 1947 $340,000.00
Premium of 5 17,000.00
Premium normal maturities 75,000.00
Coupon No. 5 69,121.25 501 121.25

Plus Estimated Collection in Mar. 100,000.00


Total Cash Position Debt servicee Fund 4/2/47


$982,874.05")








/

*-5-


Other bills proposed by the Drainage Board provided for the
establishment of conservation of water and soil areas, can-
celled all taxes on lands in such areas belonging to the
Board, permitted the Board to do ANYTHING it considered proper
in connection with such areas, empowered the Board to convey
lands in the District to the United states created water con-
trol areas and provided for the conveyance gratis of vast areas
to one or more of the XTY agencies of the Federal Government.

In innoeent disguise, these proposed acts would alienate and
remove from the tax rolls more than 400,000 sores of land for
water conservation and Federal purposes AT NO COST TO ANYONE
B T THE TAXPAYERS OF THP DISTRICT. One of these beneficiaries
would be a MILLION DOLLAR AFTERR COMPANY IN MIAMI.

This is a DRAINAGE District. Is there any rhyme or reason to
the thought that this tax-ridden District should give that
water company or ANYBODY TWO MILLION DOLLAR" NORTH H OF PROPERTY
FOR ABSOLUTELY NOTHING?

Or the Federal Goverrment?

Has not the "tate Just given the United States 800,000 acres
of State lands and TWO AND ONE-HALP MILLION DOLLARS for a
National Park?

Look again at one of those acts proposed by the District Board.
Inconspicuously, it is provided that any land owned by indi-
viduals in one of the proposed water conservation areas --
these amount to about 70,000 acres in the proposed Broward-
Dade conservation area may be exchanged for other lands of
the District outside this area.

Imagine, if you will, what misuse of power and abuse of trust
there would be if such a bill became a lawl

The Board admits it now has ONE MILLION DOLLARS in the Debt
Service Fund in exoess of current requirements. Let the Board
sell some 400,000 acres at only $5.00 an aore -- some lands
in Collier County touching the proposed Broward-Dade conserva-
tion area are assessed at #10.00 per acre, and the Department
of education has refused to consider an offer of :10.00 an
acre in similar lands -- and the entire indebtedness of the
District, amounting to $3,500,000, can be paid off in about
two years.

Collier County has fought the battle of the District's tax-
payers ever since the County was established nearly 25 years ago:






//


-6-


Collier County has paid its taxes as levied -- totaling since
1923 ONE QUARTER OF A MILLION DOLLARS, Collier County has never
ceased to protests But Collier County has finally arrived at
the conclusion that there is one and ONLY ONE way to put an end
to such abuse of power and trust -- and that is TO ABOLISH THE
BOARD OF COBISSIONERS OF EVERGLADES DRAINAGE DISTRICT.
House Bill 660 will do just that and ONLY THAT.

I hope you will vote for the passage of House Bill 660.


*"


b mmmI











RANCHERS 9 PACKERS OF BEEF & PORK PRODUCTS
Cable Address "Lykes"-P. O. Box 2879
J. W. LYKES
Vice-President 'AMF .PA, Fr.0OIIJ'A

July
19th
1947










Mr. Ernest R. Graham,
Graham's Dairy,
Hialeah, Florida

Dear Ernest:

Glad to know that you have returned and to
receive the clipping concerning the supposedly extra-
ordinarily good financial condition of the Everglades
Drainage Board. I do not see how this can be accom-
plished, and think the quicker we hold our next meeting
the better. I talked with my attorneys yesterday and
told them to endeavor to arrange a meeting the first
part of August as I should like to leave here for a
short vacation on the 6th or 7th. Will keep you posted,
and in the meantime I should like to hear from you.

Let me know of any political developments.
I understand Gautier is going to run for the Senate and
certainly want to help all I can so keep me advised re-
garding this as well as in Broward and Palm Beach counties.

Hope to see you soon.




ncer. Lykes

J. W. Lykes









K-* *-~


*nl Y U000
vbflt 'so-*vs


*tO $ 1 BtAA'


uw orr0cEs
HUDSON & CASON
a308o3 SEYSOLD BUILDING
MIAMI 32. FLORIDA


CABLE ADDRESS
PUDCA
P 0 BOX 870
ZONE 5


July 21, 1947


Honorable Preston B. Bird
County Commissioner
Tenth Floor, Court House
Miami 32, Florida

Dear Pr. Birdie


Re-: .Sea l =" ...
. '.. .- .: L-, -i..;


for EVergiad-e4ge
collaborate It_ it
about the tite Citi

The bill
in otber bills lntroada
of trerl adee Bralaga ltl
It has asoe feature wheIt Il
lieve, are probably objeatloaab
sioners of Dtde County. owere


until June 3, 1917 and 8 A
did adjourn about noon. SUD 6, 1t t
tlae to take up this bill with the Boeda.

The bill contains, in 1 pit "t j i tion-
able feature, one feature which is, autt urs at all times
has been, highly desired by the Board of onty Coomasaloners;
:h.t is, it provides for the setting up of a water conservation
iren nd permits co-operation among the Truatees of the Internal
:=.rsvement 7Ful, Dade County, and the tvergladl Drainage Die-
:".r::: -r Fuch purpoee. As far as I know, It was the only bill
w.-. .. w-i,-. rovi!e for such co-operation and the setting up of
W.: . r :-.--.rerv&tl.r. areas by Everglades Drainage District that
.'L..:. of pssBEC~;e. Consequently, In order to accom-
-.rl" .;.ore, it was passed. I understand that an
'*." :'- for the description 7f the conservation
,, rci,5 ?'r -(f- -r-"nr1 :lunty.

.. :, d of course, that Section 14 of the bill
.-.-. F t: e .held in sDde Tounty to determine whether


-a


"''




















Honorable Preston B. 3Brd Paje 2



or not the same shall become effective. Thies cleetl'. '- :
quired to be held within six months after the A111 ec-.-

Twy truly yours,



'** ** -' A. ..,-,-"


.f^ 1!4s


v'fY.
-'' '~p ~ ~ lie


' ';.; "'' ," :.r'; "

-" ,'a .:~l ,.


.,....
,..1 :"_ i ',
,."


... . , ,
2 4t~V$.a~i











SUMMARY REPORT

EVERGLADES DRAINAGE DISTRICT

July, 1947




GENERAL SUGjI ARY



Water levels in general were higher than at any time in the past
decade. All of the lands not in use and much of the farmlands with-
in the peat and muck area were inundated. Overland flow south
across the open 'Glades continued in considerable volume. The ar-
terial canals discharged water at full capacity in an effort to re-
duce flood levels. These canals operated to a greater degree of
efficiency than during recent years due to the hyacinth removal
program.

As this was -not the season for truck cropping, such losses as
occurred were corifined principally to livestock and perennial crop
interests. However, continued rains resulting in prolonged flooding
may seriously delay fall planting of vegetable crops. This is es-
pecially true where dikes have, broken and farm lands flooded.

The unusually heavy runoff in the tidal sections of canals
emptying into the ocean has forced salt water far downstream and the
threat of contamination of the fresh water supplies for the time
being is negligible.
DETAILED SU-'TAF ':Y

RAINFALL AND EVAPORATION

Rainfall was well above average at most points in the Ever-
glades during July. No unusual rainfall occurred during the month,
the rainfall being in the form of local showers. Most of the rain
fell between July 7 and July 27. At several points the rainfall
for the first seven months of the year approached the annual aver-
age total. Rainfall totals for-the month of July at various sta-
tions were:


-1- /


W __ -M-~- --..,_~


;-ii---i~;r~i,,,~;,,,,,,..;~: ........:~~ .,










UPPER GLADES


Moore Haven, HGS, #1
Everglades ExpSta,
Shawano Plantation
Chosen, HGS. #4
Canal Point, HGS. #5
NoN.R,Canal south
of Okeelanta


'.6,09 inches
14,22 inches
14,99 inches
12,.55 i.:ch'ba
10,23 in hes
(No report)


USSugar Corp:
Eastern Division 15.10 in.
Western Division 10.77 in.
Port J.Taaca 8,02 in.


MIDDLE AND LOWER GLADES


NoNoR. Canal at County Line
Miami Canal at Broken 'Dam
Tamiami Canal at Dade -Broward
Levee
Tamiami Canal at 40-Mile Bend


7,.35 inches
7,93 inches


10,42
12,56


inches
inches-


COASTAL AREA


Loxahatchee
Hypoluxo
Water Plant Hialeah
Miami U.S. Weather Bureau
Homestead


14.71
11,25
9,04
7. 80
12.32


inches
inches
inches

incn es


Monthly averages for July and accumulated excesses or deficien-
cies in rainfall during the current year at representative points are
as follows:


JULY
STATION IUF;iHL


ACCUMUITLATED EXCESS (4.)
OR DEFICIENCY (-)
SINCE JANUARY 1, 1947


Everglades Exp.Sta.
Hypoluxo
Miami
Moore Haven


6,90 inches
5,13 inches
5,60 inches
6,67 inches


?21,96 inches
+26,66 inches
J 1.12 inches
7 7o91 inches


Open pan evaporation at the four stations reporting was:


Everglades Experiment Station
Loxahatchee
Hialeah (Water Plant)
Tamiami Canal a't 40-Mile Bend


5.11 inches
4,98 inches
5,90 inches
4,98 inches


Open pan evaporation at the four stations averaged 92% of that
in June.


-2-


- --~


--












STAGES AND DISCHARGES


Note: All elevations and canal stages refer to
TMEN SEA LEVEL, U.S.C. & GS. datum plane. (Add
1.44 feet to obtain elevation with reference to
Lake Okeechobee datum). All discharge figures
indicate cubic feet per second (cfs.). 1 cfs.
flowing for 1 day amounts to over 646,000 gallons,
the equivalent of about 24 acre-inches, or 2 acre-
feet.

Upper Kissimmee River Basin Lakes Stages in key upper lakes showed
gains up to 1o5 feet.

Kissimmee River At the gaging station west of Okeechobee the dis-
charge was 5;520 cfs. to the 5th; decreased to
4,490 the 14th, increased to 6,800 the 28th, was 6,500 at the end,
and amounted to about 330,000 acre-feet, which was 198 percent of
the June discharge and 428 percent of the 22-year normal for the
month of July.

Lake Okeechobee The mean daily weighted stage was about 15.2 feet
to the 14th, rose to 15.7 at the end and averaged
15.44 (16.88 L.O.D.) which was 1.22 higher than in July, 1946.
Hydrological Summary:
Average daily losses -
Evaporation 2,400
Outflow 80230 10,030

Average daily gains -
Precipitation 5,210
Inflow .1.1,90 16 400
Net gaily gain in cfs. 5,770

Caloosahatchee Canal At the southeast side of the Moore Haven
control and lock the stage was about 12.5
feet to the 17th, rose to 13.5 the 22nd, jumped to 15.1 the 23rd,
declined to 13.9 the 24th and was 13.2 thereafter.
Discharge increased unevenly from about 2,640 cfs. the 1st to
about 3,930 at the end and amounted to about 200,000 acre-feet.

St. Lucie Canal At the west side of the control and lock west of
Stuart the stage was 8.6 feet to the 4th, varied
between 8.5 and 10.9 to the 11th, was 806 to the 17th, declined to 4.5
the 23rd and was about 4.6 to the end.
Discharge increased unevenly from about 5,720 cfs. the 1st to
5,380 at the end and amounted to about 300,000 acre-feet.


-3-


III




7-------






West Palm Beach Canal At the southeast side of the Canal Point con-
trol and lock the stage rose from 15.2 feet
to 15.8 the 31st.
Discharge, which'was all into'the Lake, increased unevenly from
560 cfs. the 1st to 1,290 the 21st, varied between 1,080 and 1,230
to the end and amounted to about 59,000 acre-feet.

At Big Mound Canal the stage rose from 15.7 the 2nd to 17.2 the
27th.

At 20-Mile Bend the stage rose from 14.5 feet the 2nd to 16.5
the 20th and declined to 15.8 at the end.

Ati the south side of the Cross Canal control.the stage rose from
14.7 the 2nd to 16.3 the 19th and declined unevenly to 16.0 at the
end.

At the West Palm Beach control and lock the stage rose unevenly
from about 6.2 feet the lst to 7.9 the 18th, and declined unevenly to
5.9 at the end.
Discharge varied between 2,300 and 2;570 cfs. to the 7th, in-
creased to 3,580 the 20th, decreased to 2,830 at the end and amounted
to about 180,000 acre-feet.

Hillsboro Canal At the Belle Glade gaging station the stage rose un-
evenly from 14.8 feet the 1st to 15.7 at the end.
Discharge varied between 159 cfs, southeast and 175 cfs. north-
west with no significant trend and amounted to about 470 acre-feet
northwest.

At Shawano the stage rose unevenly from 14.6 feet the 1st to
15.5 the 26th and declined to 15.3 at the end.

At the control-and lock near Deerfield Beach the stage was about
7.8 feet to the 4th, was 6.6 to the 15th, and varied between 5.2 and
6.4 to the end with no significant trend, he variations being
caused by moving hyacinth jams through the control.
Discharge was 1,740 cfs. the 1st, decreased to about 1,280 the'
6th, increased to about 1,760 the 20th, was 1,440 at the end, and
amounted to about 94,000 acre-feet.

North New River Canal At the south side of the South Bay control
and lock the stage rose from 14.0 feet the
1st to 15.3 at the end.
Discharge, which was all south, varied between 18 and 118 cfs.
with no significant trend and amounted to about 2,600 acre-feet.


-4-


__ ___









At the north side of the 26-Mile Dend control the stage ranged
between 10.0 and 10o6 feet for the entire month and was 10.5 at the
end.
Discharge through the main control was about 960 cfs. the 1st,
declined to 890 the 10th, rose to 1300 by the 14th, was 1450 by the
29th, declined to 1300 at the end and amounted to about 72,300 acre-
feet.
Discharge through the east spillway ranged between 5 and 12 cfs.-
leaka Te and amounted to about 446 acre-feet.
Discharge through the west spillway ranged between 45 and 58 cfs.
and amounted to about 3200 acre-feet,

At the Holloway control free flow existed through the main con-
trol during the entJre month, Head on the lateral control ranged be-
tween 1.4 and 3.1 feet and averaged about 1,O, with heavy flow south.

At the control and lock west of'Fort Lauderdale the stage rose
from 4.9 feet the 1st to 5o9 the 2nd,L declined to 5,3 by the 9th,
rose to 5.9 by the 18th and ranged between 6,2 and 5.9 to the end.
Discharge rose from about 1480 cfs. the 1st to 2100 by the 17th,
was 2440 the 28th. fell to around 2200 at the end and amounted to
about 124,000 acre-feet.

South New River Canal At the Highway 25 observation station the
stage rose steadily from 7.9 feet the'lst to
9.4 at the end, which was around 2,2 feet higher than July 31, 1946,
and 2.8 feet higher than July 31, 1945.
The north borrow pit stage rose steadily from 8.0 feet the 1st
to 9.5 at the end,
The south borrow pit stage rose steadily from 6.5 feet the 1st
to 8.1 at the end.

Miami Canal At the south side of the Lake Harbor control the stage
rose from 15.1 feet the 1st to 15oG at the end.

At County Line Dam the upstream stage rose steadily from around
7.7 feet to 805 at the end. Head on the dam averaged about 1.7 feet.
The five main control gates were closed the entire month with varying
small outflow through the culvert south.

At Broken Dam the stage rose from 5.5 feet the 1st to 6.1 by the
17th, was 6.4 by the 21st and rose to 6,6 at the end.

At Pennsuco the stage rose steadily from 4.1 feet the 1st to 4,9
by the 17th, and rose to 5.5 at the end.

At N.W. 36th Street, T? ri, the temporary steel piling dam was
breached for the entire month. with a large section completely re-
moved.
Discharge was 1380 the 14th, 1430 the 18th, and 1574 the 25th.
-5-


I









HENDERSON, FRANKLIN, STARNES & HOLT
ATTORNEYS AND COUNSELLORS AT LAW
COLLIER BUILDING
FORT MYERS. FLORIDA

ROBERT A. HENDERSON, JR.
JAMES A. FRANKLIN
FINIS ,E. STARNES
PARKER HOLT
August 19, 1947



Mr. Sam Collier
Eve-rglades, Florida

Ie: Everglades Dra:ina ge District

Dear ?r. Collier:

On August 15th, we filed Bill of Complaint in the
Circuit Court of Palm Beach County, against the Ever-
glades Drainage District. A copy of our Bill is en-
closed to you herewith.

This suit attacks only the 1947 Act, which attempts
to authorize the Board of Commissioners of the District
to convoy lands in Palm Peach County to the United States
for conservation purposes. Other acts were passed in
1947 to set up conservation districts in Dade and Broward
Counties, but these acts are subject to approval by vote
of the people, and elections have not yet been held.

`.e expect to push this suit as fast as possible,
and will keep you advised of developments.

Yours very truly,

HE'DEISu FRANKLIN. ST.l E" SS & HOLT




By

/ James A, Franklin

JAF:bb .
enc.
oc: Mr. Ernest R. Grahaiz
Okeochobee Road
Hialoah, Florida


. --~i --.;---~--- f ibL







I
HENDERSON, PFAKLIN, STARNES & HOLT
ATTORNEYS AND COUNSELORS AT LAW
ROBERT A. HENDERSON,JR. PORT YERBS, FPLORIDA
JAMES A.FRANKLIN
FINIS E.STARNES
PARKER HOLT October 3, 1947



Mr. Ernest W. Graham
Okeechobee Avenue
Hialeh, Florida

Re: Lykes Brothers, et als. vs. Board of Commissioners
Everglades Drainage District
Dear Mr. Graham:

On August 19 Mr. Franklin sent you a copy of the Bill of
Complaint filed in Palm Beach County against the Everglades Drainage
District seeking to restrain conveyance by the District of lands
owned by the District to the Federal Government.

We asked the Commissioners of the District if they would
agree to withhold any conveyances, or attempted conveyances, until
this litigation could be settled on its merits.

After some delay, the attorney for the District advised
us on September 5 that the Board of Commissioners declined to agree
to withhold conveyance of said lands, and had instructed him to
proceed to convey the lands to the Federal Government. Thereupon
we made application to Circuit Judge Chillingworth of West Palm
Beach for a Temporary Injunction, and the writer in company with
Mr. John Allison of the firm of MacFarlane, Ferguson, Allison and
Kelly of Tampa, attorneys for Lykes Brothers, journeyed to West
Palm Beach on Monday, September 29, for the hearing on our
application for a Temporary Injunction. After the hearing had
gotten under way, Mr. Manly Caldwell, one of the attorneys for the
District agreed, after some discussion, that no conveyance would be
made until this matter could be settled upon its merits, or
before any conveyances were made that the Plaintiffs in this
litigation would be given ample and reasonable nbtice to enable us
to then apply again to the Court for a Temporary Injudction. This
agreement on the part of the attorney for the District was put into
the form of a Court Order by Judge Chillingworth, and recorded in
the file. This eliminated the necessity of our applying for a
Temporary Restraining Order and it was quite agreeable with us
because if a Temporary Restraining Order or Injunction had been
entered, the 'laintiffs would have had to post bond.


1
LL. --,









/ Mr. Ernest W. Graham Page 2 October 3,1947
Re: Lykes Brothers, et als. vs. Board
of Commissioners Everglades Drainage District

The District has to file further Motions or defensive
pleadings on next Rule Day, which is October 6, and we anticipate
that in due course thereafter this matter will again come up before
Judge Chillingworth to determine the constitutionality of the
Special 1947 Act involved.

In making a study of the applicable law in this case,
our position would be greatly strengthened if the plaintiffs, or
some of them, owned a bond or bonds in the District, because we
could make the additional argument that transfer of these lands to
the Federal Government without compensation would be illegally
transferring assets of the District earmarked for the retirement
of the bonds. It is advisable, therefore, that the Plaintiffs, or
some of them, acquire a bond or bonds of the District, and we would
appreciate your endeavoring to do so, or authorize us to do so.
A single bond would enable us to make this additional attack on the
unconstitutionality of this Act in this case.

Also, we need to know the amount of taxes paid by oun
on your lands in the Everglades Drainage District during each of
the last two or three years.

We also need to ascertain approximate estimates of value
of the lands located in Palm Beach County owned by the District
which the Special Act would authorize. .conveyed to the Federal
Government. These lands are located, according to our information,
in the Southeasterly part of Palm Beach County, and it is our surmise
that for the most part they are swamp lands of small value, although
I do not have personal knowledge as to these lands. If you have any
information as to said value of said lands, please advise us.

We willkeep you advised.

Very-tral ours, -/

PH:onf

P.S. We understand that in addition to the 4,430 acres, approximately,
of lands in that District owned by you individually, that you also
own lands in the name or names of one or more of your corporations.
If so, please give us the names of these corporations, acreage owned,
taxes paid during recent years, etc.

PH /












October 11, 1947






Mr. Parker Holt
Henderson, Franklin, Starnes & Holt
Collier Building
Fort Myers, Florida

Dear Mr. Holts

Pardon me for not answering your letter of Ootober 3 sooner, but we
have been in such a mess here since the storm of September 17 we have
hardly had time to do anything except repair damage and prepare for the
Nature.

In reference to Everglades bonds, we have no bonds at the present
time* We turned them in for taxes and I cashed in the balance last year.
As soon as I have the opportunity I shall try to pick up one or more
bonds around here it it is possible.

Please let me know just how soon you have to have the information
regarding our taxes and the estimate en the value of the lands in Palm
Beach County. As s-on as possible I shall go to Palm Beach and try to
get an estimate an them. I will also send you a list of additional
acreage owned by corporations and others and controlled by myself.
I shall be unable to get this information for you, however, until this
present storm passes and we get cleared up here. If the water raises
another six inches, we will have to move out entirely.

Sincerely yours,



Ernest R. Graham


ERGib ,


4,
?kpK. -~. i.r


U,. V, -a;akA~a


i












I!


*, I.





-1


L..

-Ip


October 11 1947


Mr. John Lykes
Lykes Brothers Ino.
P. 0. Box 2879
Tampa, Florida

Dear Johni


Your letter to October 9 at hand. I will try to get
about the Palm Beach land the latter part of next week.
depends upon the results of the stom today.


the information
Everything


We have only a seven-inoh leeway. If the water raises another seven
inches the houses will be flooded and w will have to move out* We have
made all arrangements for this oontingenoy and are in pretty good shape*
Naturally I have got to stick around to see what happens. Our battle
are all in good shape down at the other farm and I think we will ride
it out o.k.

Sincerely yours,




Ernest R. Graham


ERGi b







!




J. W. LYKES
Vice-President


The enclosed copy of

torneys, dated September 30th,

Please give me any information

connection in order that I may


letter from our At-

is self-explanatory.

possible in this

present it to them.


Sincerely,



J. W. LYKES


LYKim E- lEHII=OTHERMS [NJORIPORATEDI
RANCHERS PACKERS OF BEEF & PORK PRODUCTS
Cable Address "Lykes"-P. O. Box 2879
TAlMIPA, FL.OORIDA

Oct. 9, 1947















Senator Ernest R. Graham,
Graham's Dairy,
Hialeah, Florida



Dear Ernest:







J i L!I i i l



FACFAF'LAJE, FERGUSON, ALLISO': & KELLY

First National Bank Building

P. 0. Box 1531

Tampa 1, Florida


September 30, 19h7



Lykes Bros., Inc.
209 Franklin
Tampa, Florida

Attention: Mr. Holloway
In Re: Everglades Drainage District

Dear Mr. Holloway:

Yesterday Mr. Parhcr Holt of Senator Franklin's firm in Fcrt Vyers and I
presented our application to Circuit Judge Chillingworth in 'st "alm
Beach for temporary injunction to restrain the Fistrict from co~;-rin
certain lands gratuitously to the United States.

'arly in the hearing counsel for the District a-iouimced that red tape
complicated the conveyance and it would be months before it could be made.
Therefore, by agreement a-id with the approval of the Court, the injunction
was held in abeyance on the assurance of the District counsel that he would
notify us at least fifteen days before any deed was executed so we might
have an opportunity to renew our application for injunction.

Meanwhile, the Judge expressed interest in certain aspects of the litigation
and Mr. Holt and I feel that we should amend our Bill of Complaint to set
these matters up. I would, therefore, like for you to advise me the amount
of Everglades Drainage District taxes paid by Lykes Bros. on its lands last
year and this year, if available. This need not be broken down into
descriptions but simply the total sum for such taxes. However, it should
be segregated from any county or other special District taxes.

Further, if you or anyone in the company has any information concerning
the present asking prices for lands in Palm Beach County within the District
similar to the land in the southeast part of that county which the District
\ proposes to convey to the United States, we would like that information,
and feel we should set it up in our Bill. The Judge is naturally interested
in determining whether the amount involved can create any substantial hard-
ship either way. In this connection, you might be able to inquire of
Senator Ernest Graham and get such information.















Page Two
Lykes Bros.



As soon as you have these facts, I will be grateful if you will give them
to me so I may get in touch with Mr. Holt and prepare the desired amend-
ments.

Cordially yours,


/S/
John M. Allison

JMA/lwo







/

HElNDERSON, FRANKLIN, STARNES & HOLT
ATrTORSNEYS AIW COTrSEIOSS AT IAW
ROBERT A. HENDERSON,JR. FORT MYPBT MLOEID
JAMES A.FRANKLIN
FINIS E.STARNES
PARKER HOLT
December 23, 1947




Mr. Ernest R. Graham
Graham's Dairy, Inc.
Hialeah, Florida

Re: Everglades Drainage District Litigation

Dear M-rx--.a-hain:

Mr. Lykes advised you that we would hold a
conference in Tampa on Mrnday to consider further steps in
litigation against the Everglades Drainage District. Mr.
Lykes and Mr. Collier, along with John Allison and myself
were present at the conference.

It was agreed that the defense against the
suit of the District to obtain release for maintenance pur-
poses of the "185,000.00 fund would be continued. That
case is set for trial on January 14, and we will present
our defenses, and in the event of an adverse decree, expect
to take appeal to the Supreme Court of Florida.

Our suit against the District to prevent trans-
fer of lands to the Government is now being held in abeyance
pursuant to an Order of the Court requiring the District to give
us thirty days notice prior to any transfers. We believe the
District will take no action pending efforts to get the
Federal Government to take over.

The local bills in Dade, Broward and Palm Beach
Counties permitting establishment of conservation districts
have been passed by votes of the people. It is our belief
that the District does not want any litigation or adverse
publicity at this time, and it was decided that Mr. Allison
and myself will appear before the next meeting of the Board
of Supervisors of the District and inform them that litigation
is proposed, and will be filed unless the District will adopt
a resolution or write us advising th t thirty days notice
will be piven before any action is taken towards the establish-
ment of conservation districts under these bills.

At the trial of the suit of the District on
January 14, we will need evidence of the ownership of lands by


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