Title: Informal Agreement on Items Discussed with the St. Johns Governing Board
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Permanent Link: http://ufdc.ufl.edu/UF00050580/00001
 Material Information
Title: Informal Agreement on Items Discussed with the St. Johns Governing Board
Physical Description: 3p.
Language: English
Publication Date: Aug. 9, 1974
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 1, Folder 3 ( BOUNDARY CHANGES - WATER MANAGEMENT DISTRICTS, vol. II ), Item 37
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00050580
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text

permit is needed for this road, located in Sec"tiolls 6 and 7, Township 56, Range 38.

Mr. .7rafton advised that the District's staff had no objection, and th at a simple statement from
thec Board -- that there was no objection to construction of the road -- would be sufficient;.

Upon the motion of 1)r. DeGrove, seconded by D~r. Godwin, the Board voted no objection to
construction of the road in questions.

Mr. Dail next read into the record a letter dated Ju~lY 2.0 fromn Mrs. W. Turner Wallis, as follows:

"Oil behalf of our famiilv and mvself, I want to express mny heartfelt appreciation to tile
board and staff of the C'entral anld Southern Florida Flood Control District for the
memnorable day providecd at tile dedlication of the W. Turner Wallis Pumiping Station. It
was a particular pleasure for me to visit again wi~th so miany old friends and reminisce
about the first quarter century of floodI control and~ its progress. I know Turner would
have been very pleased with the honor you gave himi. His sons and grandchildren
particularly appreciate this recognition of his contribution to Florida.

"Most appreciably and, very sincerely,

___ /s/ Margraret P. Wallis"

Dr. Godwin advised that the monthly Board meetings for October had been scheduled for noon
Octoer 1, 194, t the Melbourne City Hall, and that the Board would hold a joint meetings with the St.
Johns River Water Management District Governing Board at 9:00 a.m., October 11, 1974, also at the Mel-
bourne City Hall.

Chairman Clark asked that the staff have District vehicles available on October 10 to provide the
Board Members of the St. Johns District the opportunity to inspect the Flood Control District works in the '

At the request of Dr. DeGrove, Mr. Dail read the "Informal Agreement on Items Discussed with
the St. Johns Governing Board,"' drafted by Dr. DeGrove following the joint Board Workshop Meeting held
August 9, 1974, in Orlando, as follows:;:

/ ''Y \. _________ ST. JOHNS GOVERNING BOARD ____ j-

1. Our common objective is the earliest possible responsible transfer of the Upper St. Johns to
.&I- S %t. John Rvr Water ManageIent District.-&

D)r. Godwin indicated that by October thle St. Johns District Governing Board should have a good
idea as to whether they, would accept the FCD rules.

Dr. )DeGrove stated th.t tlhe transfer of tlhe regulatory function should occur when the St. Jolhns
District had suLfficient staff capability and tliat this was clearly an agenda item for discussion with thle St.
Jolhnis District Governiing Board. Dr. DeG;rove further stated that lie wanted to transfer the Upper St. Johlns
Basin as soon ais it cant be done responsibly and asked if tliere is any feeling by the staff that tlhe Upper St.
Johlns Basin should be kept forever.

Mr. Maloy stated that he knew of no staff members who felt that way.

Mr. Maloy further stated that since the District had received a copy of the St. Jolhns River Water
Management District's budget for this fiscal year. the FCD knew approximately how the St. Johns District
had earmarked its $500,000. Therefore, tlhe question was whether the St. Johns District could adequately
undertake the neccessary regulatory responsibilities. Mr. Maloy said the FCD staff needed guidance on what
its regulatory functions in tie Upper St. Johns Basin should be.

Dr. DeGrove replied tliat tlhe Board had given this guidance, by directing the staff to determine how
far the Flood Control District caln go in transferring regulatory functions to the St. Johns River Water Manage-
ment District.

Mr. Maloy asked if tlhe Board wanted the staff to handle this prior to the proposed joint Board
meeting in October.

Dr. DeGrove directed that the staff pursue this and other pertinent matters with Mr. Dennis Auth,
Director of the St. Johns River Water Management District, and with the Board members if necessary.

Mr. Storch commented that he would like to see the Upper St. Johns Basin transferred to the new
St. Johns District and that hlie had spent 20 years working on that River Basin's problems with very little
success. Mr. Storch stated however, that it was imperative that the St. Johns District staff up and make a
decision on the regulatory functions by some definite date.

Dr. DeGrove asked that the staff, in their discussions with the St. Johns District staff determine a
time certain, when the St. Johns District will be able to handle the necessary regulatory functions.

Chairman Clark asked Dr. Godwin to chair a telephone committee to resolve as many of these
questions as possible with tlhe St. Jolhns District Governing Board.

Dr. DeGrove asked Dr. Godwin to call Mr. Arthur Marshall, chairman of the St. Johns River Water
Management District, and ask him to direct his District's staff to meet with the FCD staff for further dis-
cussion of these items.

Dr. Godwin said he would do it immediately.

Mr. Riley S. Miles was recognized and asked why the Upper St. Johns Basin could not be exempted
from permitting procedures under Clhapter 373 and further why the St. Johns District could not determine its
own rules, as tlhat might simplify things. Mr. Miles stated tlhat two-thirds of the State of Florida lhad no
permitting procedures at all. Mr. Miles recalled that Deseret Ranches gave up land valued at $4,000,000 to the
Upper St. Johns Project, even though this lhad split the holdings of the Ranch. Mr. Miles also stated that the
Flood Control District had taken acreage from the Thacker and Kempfer estates and had disrupted their
operations. Mr. Miles suggested that these people's hardships needed to be considered and that there is no
need to burden them with excessive permitting regulations until a tax millage is authorized for tlhe new St.
Johns District by tlhe voters of that Basin. "

Dr. DeGrove replied tlhat it was critical that the implementation of Chapter 373 be instituted in as
many areas of tlhe State as possible and that this was the clear intent of the Act.

Mr. Padrick urged that this item be discussed in October, in order to obtain a clear-cut expression
from tlhe St. Johns Board members as to what specific activities they are going to undertake in accordance
withi tlhe Water Resources Act.

Mr. Dail read tlhe remaining items as follows:

'" 4. A change in Chapter 373 to allow this partial transfer July 1, 1975, with the Project (Local -
Corps) transfer postponed until the complex legal and taxing problems can be worked out.

..F 5. Maximum cooperation, directed to the two Boards, and the staffs of the two districts, in-
eluding notification of the St. Johns River Water Management District staff and Board of all
permitting hearings in that area.

6. On tie matter of ad valorem taxing and boundary adjustment impact on it, it was agreed
that a Declaratory decree will be sought to clarify the matter. Both Boards will support
that action.
_-7 _.

S7. There will be a joint meeting of the two Boards on October 11th, in the Melbourne area for
the purpose of discussing the present status of the Upper St. Johns Project. Included will be an
exploration as to whether "-ny parts of the Project can be carried forward during the period in
which a revised Project is approved. As background for this meeting, FCD will prepare a brief
assessment of the status of the Project. It was agreed that two items that will be discussed will
(a) The Washington Dam
(b) Upland detention areas (Jane Green, Blue Cypress, and Ft. Drum)

Mr. Dail next read Resolution No. 74-65 from the Indian River County Commission asking that
Indian River County remain in the Flood Control District until July 1, 1982, while retaining an ex-officio
membership in the St. Johns River WVater Management District. The County Commission adopted the
Resolution on July 10, 1974.

Upon the recommendation of Mr. Dail and motion of Mr. Padrick, seconded by Mr. Pratt, the
Board unanimously adopted:



Mr. Dail explained that Mr. Davidson had joined the staff of the Flood Control District on
March 17, 1952, and retired on July 26, 1974. Mr. Dail said a finished copy of the Resolution would be
presented at a later date to Mr. Davidson.

Mr. Dail explained that the next item concerned the S-308B, S-308C and S-308 Tieback Levee
construction work being done to implement the raising of Lake Okeechobee.

Upon the recommendation of Mr. Dail and motion of Mr. Padrick, seconded by Mr. Thomas, the
Board unanimously adopted:



Mr. Padrick said the Board was concerned about the rate of progress in raising Lake Okeechobee.
Mr. Padrick requested the staff to furnish a one-page summary of the progress of construction, including
information about the locks, the Port Mayaca Structure, the raising of State Road 78, and any other pertin-
ent information.

The Board next discussed possible revisions to the District policy on Release of Reservations.

After some discussion the Board directed the staff to release canal reservations when so requested
unless in their professional opinion there was a compelling reason not to.

Mr. Wilev R. Reynolds, III was recognized by the Board. Mr. Reynolds stated that he owned a tract
of 1,442 acres in Palm Beach County, east of Conservation Area 1. Levee 40 defines the Southern and west-
ern boundaries of the property with the Acme Drainage District lying to his north, and the Lake Worth Drain-
age District to the east. Mr. Reynolds stated that his land is presently surrounded by levees yet he is unable to
acquire any drainage outlet. Mr. Reynolds indicated tlhat this situation left him unable to develop the property
and that lie felt that his only method of relief would be to backtump excess water into Conservation Area 1.

In reply to a question from Mr. Dail, Mr. Reynolds stated he was unable to get drainage relief
through either the Acme or Lake Worth Drainage Districts.

Mr. Dail advised the Board that this matter had been staffed and that Mr. Reynolds' request was
denied because of the various objections concerning backpumping that were still unresolved.

Mr. Storclh commented that this matter was first presented to the staff in December 1973, when
Mr. Reynolds wrote explaining the problem. Mr. Storch recalled that he had advised Mr. Reynolds that the
Flood Control District was not in a position to issue a permit for backpumping, and that unless arrangements
could be made for dr.ihage withi the adjacent drainage districts the problem was intractable. *"

Dr. Godwin asked why the drainage districts refused Mr. Reynolds' request.

Mr. Storch said Mr. Reynolds' land was outside the jurisdictional boundaries of the adjacent drain-
age districts.

Dr. DeGrove asked for a brief report on the status of the West Palm Beach Canal (C-51) Basin
backpumping proposal.

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