Title: Letter objecting to three bills
CITATION PAGE IMAGE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00050837/00001
 Material Information
Title: Letter objecting to three bills
Alternate Title: Letter objecting to three bills relating to preservation of the water resources of the State. May 10, 1970, together with three proposed bills.
Physical Description: 6p.
Language: English
Publication Date: May 10, 1970,
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 2, Folder 1A ( SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (Regulatory), Folder 1 ), Item 17
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00050837
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




HARDEE,OTT & HAMILTON, PA.
ATTORNEYS AND COUNSELLORS AT LAW.
101 EAST KENNEDY BOULEVARD
C.J. HARDEE,JR. TAMPA, FLORIDA
T. TRUETT OTT 33602 NELSON B.STEPHENS
FRANK E.HAMLTON,R. ( 1921-1969
WILLIAM D. DOUGLAS
MICHAEL SIERRA TELEPHONE 223-3991
STEVE A.DIDIO
JOHN SHOFI
THOMAS A.CAPELLE May 19, 1970




The Honorable T. Truett Ott
State Senator
Tallahassee, Florida

and

The Honorable T. Terrell Sessums
State Representative
Tallahassee, Florida

Dear Truett and Terrell:

I enclose three bills relating to the preservation of the water resources of the State.
As I mentioned to you, the northwest part of Hillsborough County is in danger of be-
coming an arid desert unless steps are taken and taken fairly soon to conserve the
water levels in the north end of the town.

I talked with Brooks Hoyt who represented the County Commission for several years
in a suit to establish the county's right to make rules and regulations concerning
water resources. Suit was brought by Pinellas County to prevent Hillsborough County
Commissioners from making such regulations. Hillsborough County won the suit and
won the right to make regulations to conserve water resources in the county.

Prior to the Hillsborough County Commissioners promulgating such regulations, they
had for several years tried to get the Southwest Florida Water Management District
to do so but the Water Management District refused. After Hillsborough County won
the suit the Water Management District then for the first time started to promulgate
some regulations. Their progress has been very slow and thus far the regulations;
that they are attempting to promulgate pertain only to permits for drilling new wells
but do not pertain to existing wells.

I also discussed this matter at great length with W. T. Burrell who is a water expert
who lives in northwest Hillsborough County and is very concerned with this subject
and has been for the past 40 odd years. As a result of my discussions with Brooks
Hoyt and Walter Burrell, I discovered three existing problems in the law which prevent









The Honorable T. Truett Ott
The.Honorable T. Terrell Sessums
May 19, 1970
Page 2


regulation of St. Petersburg pumping the water from Hillsborough County.

1. The courts held in 1959 that venue statutes of the state do not apply to municipal
corporations and the City of St. Petersburg could be sued only in Pinellas County
even though the damage done by it is done to water in Hillsborough County. I, there-
fore, enclose a new venue statute to permit suing cities in the counties where the
damage to lands or waters is done.

2. The Southwest Florida Water Management District is concerned as to whether
it has the right to regulate exi sting wells because of the grandfather clause in 373.101
Florida Statutes. This grandfather clause should absolutely be removed since the
clause would give the City of St. Petersburg the right to pump from existing wells
in whatever volume the City decides without any regulation whatsoever, so I have a
bill to strike from 373. 101 the grandfather clause.

3. I think that in addition to other remedies created by law, the Boards of County
Commissioners of the respective counties should have the right to regulate or pro-
hibit the pumping of water for use outside the county, so I have suggested a bill to
give the county commissioners these rights in addition to other rights and remedies
created by existing law.

WaLter Burrell tells me that before the building boom after the war and before the
City of St. Petersburg began its pumping from Hillsborough County, the natural
water table in northwest Hillsborough County was approximately 6 to 12 inches above
the lake levels. He says that now the underground water level has dropped to ap-
proximately 30 feet below the lake levels. Mr. Burrell feels that a tolerance of 12
feet below natural levels is the maximum that ought to be permitted before substan-
tial restrictive water conservation measures are put into effect. He says that the
underground salt water level rises in a ratio of 40 feet to every foot that the under-
gound fresh water level is lowered so that a depression of the fresh water level by
30 feet would raise the salt water level 1,200 feet. He says that once the fresh water
level becomes saline or brackish, there is no known way to restore fresh water to
the underground water table.

You will notice that this bill does not prevent pumping underground waters for use
within the county, since pumping waters from underground for agricultural purposes
returns the water to the ground from which it was taken. In the case of the City of
St. Petersburg, the City is pumping water from Hillsborough County and depositing
it in the Gulf of Mexico so that these waters are permanently removed from the lands.









The Honorable T. Truett Ott
The Honorable T. Terrell Sessums
May 19, 1970
Page 3


I hope that you will be able to pass these bills.

I am sending a copy of this letter and a copy of the bills to each of the other mem-
bers of the Hillsborough delegation and hope they will accept my apology for not
writing an individual letter to each, but since the matter is urgent and it is getting
late in the session, I thought I should get it out as soon as possible.

Very si cerely,




C J. HARDEE, JR.

CJHjr:mb
Enclosures
cc: All Members of Hillsborough Delegation, w/enc.









BILL NO.


A bill to be entitled

AN ACT relating to venue adding a new Section 47. 201, Florida Statutes, pro-
viding that actions against municipal corporations for damage to real pro-
perty and surface and underground waters located on or adjacent thereto
may be brought in the county in which the said real property or waters are
located.

Be it Enacted by the Legislature of the State of Florida:

Section 1. Chapter 47, Florida Statutes, is amended by adding the following
new section:

47. 201 VENUE OF SUITS CLAIMING DAMAGE TO REAL PROPERTY AND
SURFACE AND UNDERGROUND WATERS AGAINST MUNICIPAL CORPORATIONS. -
In any action brought in this state claiming damage to real property or surface or
underground waters located on or adjacent to such real property against a municipal
corporation the venue of such action may be laid in the county in which the real
property and waters are located, notwithstanding that the defendant municipal cor-
poration resides in another county.









BILL NO.


A bill to be entitled
AN ACT relating to conservation and water resources amending Section 373. 101
to strike therefrom the grandfather provision of said section.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Section 373. 101, Florida Statutes, is amended to read:

373. 101 PURPOSE; PRESERVATION OF EXISTING RIGHTS AND SPECIFIC
LIMITATIONS. The purposes of this law are to implement the declared water
policy of this state by effecting the maximum beneficial utilization, development
and conservation of the water resources of the state in the best interest of all
its people and to prevent the waste and unreasonable use of said resources.
H-owe-ve-r-,- the -pr-e-se-nt- pr ep t-e t-y r-ights -of -per-s-ons- -ow-i-ng- l-and -and- exe re isi-ng- exist-
i-ng- water- r ig-ht-- appe rt-ai-ni ng -t-he-r-e e -s-ha-l -be- -re-c-peet e d --nd- -sch- r ig-hte- sh all- Het-
be -r--st-r4ieted- -w-itheat- du-e- pro e e s s -of-l1-aw -nor- 4-ive st-&4 witheut- -pa-yme nt- n-of -jfu-es -
e emr-pe-s-at ien; -and-t-her-s -sh-alI- be- no -a-tthL4-r ati-on-t-- -d4ive t- wate-r-f-r-om- spr i-ng-s
(-or- dow-nrst-r-e-ar -the-ref or e- new- de ve l-ope-d d- per aed- ope r -fer -r-ec-r-e-ati eo al- ptu-r-
pe se s -or- -a-s-t-ou-r-i-st -attr aet-i-oie- -to a-de gree -th-at -wi-14 -m-at e ri-aly -i-nte rfe-r-e- w-ith
suaeh --se-











BILL NO.

A bill to be entitled
AN ACT relating to conservation and water resources amending Section'373. 191
empowering the Boards of County Commissioners to protect the water re-
sources in the respective counties to prohibit the removal of the surface or
underground water outside the territorial limits of such county, providing for
the enforcement of same, defining natural water level and providing for the
preservation of existing laws.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Section 373. 191, Florida Statutes, is amended to read:

373. 191 COUNTY WATER CONSERVATION PROJECTS. -
(1) The several counties of the state may cooperate with the board by engag-
ing in county water development and conservation projects and may use county funds
and equipment for this purpose and to do all other things necessary in connection
with the development and conservation of the county's water resources consistent
with the provisions of this law and the rules and regulations adopted pursuant thereto.
(2) The Boards of County Commissioners of the respective counties are em-
powered to protect the levels of surface and underground waters within the respective
counties in which the said boards have jurisdiction by prohibiting the removal of sur-
face or underground waters from such county to a point outside the territorial boundaries
of such county.
(3) The Board of County Commissioners of a county shall, where the natural
water level of any section or area of the county is reduced to 12 feet or more below
the natural water level of such area (hereinafter defined), prohibit the pumping of any
surface or underground waters for use outside the territorial limits.of said county.
(4) The natural water level of surface or underground waters, as used in this
section, is hereby defined as the average level of such waters during the period 1933
to 1945.
(5) The Board of County Commissioners shall, upon a finding after a public
hearing that the surface or underground waters of said county or any section or area
thereof are or are likely to be polluted or fish or plant life of such area are likely to
be damaged by the removal of surface or underground waters for use outside such
county, alone or in combination with other factors, prohibit the removal of such water
for use outside such county so long as the Board of County Commissioners finds such
danger exists.
(6) The Boards of County Commissioners are hereby empowered to obtain in-
junctive relief in furtherance of this section in the Circuit Court in the county in which
the surface or underground waters are located or the removal of such waters takes
place.
(7) This section shall confer additional powers on the respective Boards of
County Commissioners of the counties of this state in addition to all other powers
granted by law to other state or regional agencies and shall not repeal any existing
law but shall be in addition thereto,




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs