MINUTES OF THE MEETING SUiEI Tl 0.
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (R GULATORlV.1j
Brooksville, Florida September 8, 1971
The Board of Governors of the Southwest Florida Water Management District
(Regulatory) met in District Headquarters building, Brooksville, Florida, at
9:30 A.M. on September 8, 1971. The following persons were present:
D. S. McAteer, Chairman Myron Gibbons, Attorney
Edward Medard, Secretary Richard [Miller, Consulting Engineer
S. C. Bexley, Jr., Vice Chairman Ted Reiter, Consulting Accountant
Herman Beville, Member Dale Twachtmann, Executive Director
Peter J. Negri, Member Donald Feaster, District Engineer
Thomas M. Van der Verr, Member Robert Gates, Supt. of Maintenance
J. Mason Wines, Member Garald G. Parker, Chief Hydrologist
Clint Schultz, Dir., Finance & Acctg.
Robert Watson, Dir., Real Estate Div.
John Ward Dougherty, Keystone Park Civic Association
W. T. Burnell Sr., Keystone Park Civic Association
C. J. Hardee Jr., Keystone Park Civic Association
Matt Bryan, Keystone Park Civic Association
James D. Whited, Gee & Jenson Eng.
Mrs. W. A. Dobbs, Lakeland ?
Mrs. Lucile Dorr, Lakeland s
Dwight Hart, Oklawaha
Bruce Congleton, Lakeland
Lucy Ware Morgan, St. Petersburg Times
Jim Twitty, Tampa Tribune
and the following SWFWMD staff members: Carol Ezell, Jim Mann, Linda Ryals,
SBill Smith and Jake Varn.
Chairman McAteer called the meeting to order. The minutes of the August 4,
1971, meeting were considered by the members and after study it was moved
by Mr. Van der Veer and seconded by Mr. Bexley that the minutes be approved
as published to the Board. Motion carried.
Mr. Twachtmann reported to the Board that the Florida Administrative Code,
Chapter 16CC, Rules and Regulations that the Board had recently approved
i have been forwarded to the Department of Natural Resources for review and
I then forwarding to the Secretary of State's office for implementation.
S However, as of August 7th, the rules were still under review at the
S Department of Natural Resources.
At the request of Chairman McAteer, Mr. Twachtmann then reviewed the situation
of the past few weeks which has brought the members of the Keystone Park
Civic Association to this meeting. Mr. Twachtmann reviewed the formation
of the Regulatory District and reminded the Board that it was in fact the
City of St. Petersburg's Pasco County well field that had been one of the
catalysts for the formation of the Regulatory District. He said that since
that time the Board had been kept up to date on the activities in that Pasco
County well field by the drillers which the City of St. Petersburg had employed.
The new'well field is still not in production, but all of the monitoring
facilities have been installed and it is the intention of the District to advise
the City of St. Petersburg in the operation of this well field.
Mr. Twachtmann further stated the Hillsborough County Board of County Commissioners
has requested of the District a hydrological opinion regarding the effects
of pumping from the new Pasco County well field on Hillsborough County.
The Commissioners believe the information is necessary so that they may
be assisted in their decision as to whether or not to allow the City of
St. Petersburg to cross the Lutz-Lake Fern Road with its pipeline. Mr.
Twachtmann said that the August 25th letter from the District to the Commissioners
had stated that, although the pumping tests had not been completed and all
the hydrologic data was not yet available, it would appear logical that the
Section 21 situation would be eased when the Pasco field went into operation.
Minutes of the Meeting September 8, 1971
SWFWMD(R) Board Page Two
He stated that he had appeared before the Hillsborough County Board of County
Commissioners a few days earlier and had made it clear that the District
plans to regulate the new Pasco field and that it has been a foregone
conclusion that the pipeline would exist up to the Pasco field. Mr. Twachtmann
said that he made it clear to the Board of County Commissioners that the
Pasco field is expected to cut down the pumping in the Hillsborough County
areas and that it would be an advantage to Hillsborough County to allow the
pipeline to cross the road up to the Pasco field. Commissioner Simmons appointed
Mr. Twachtmann as chairman of a committee to discuss the matter with Hills-
borough County and City of St. Petersburg and Keystone Civic Association
members to try to arrive at an agreement whereby the City of St. Petersburg
would agree to be regulated in their Section 21 and Cosme-Odessa well fields
at this time.
Mr. Hardee of the Keystone Park Civic Association questioned the District's
authority to regulate the City of St. Petersburg's Hillsborough County well
fields because of the "grandfather" clauses that appear in the law. He
stated that the purpose of not allowing the pipeline to cross the Lutz-Lake
Fern Road was to force the City to accept the regulation of the Cosme-Odessa
and Section 21 fields without hiding behind the grandfather clause. Mr.
Hardee went on to say that his association strongly urges the Regulatory
District to implement regulation of ground water withdrawal not just by the
City of St. Petersburg, but by all water users. He believes that regulations
must be stringent and that the District should seek authority to acquire all
water systems within the District and to ultimately have control of water
quality and quantity.
Attorney Gibbons explained that the "grandfather" clause mentioned by Mr.
Hardee is Section 373.101 of the Statute under which the Regulatory District
operates and that it is indeed open for interpretation, but that he believes
that the District does have full authority to regualte not only the Pasco
field but the Section 21 and Cosme-Odessa fields at this time and that he does
not believe that the City is "grandfathered" on the other two fields. Mr.
Wines stated that he believed that litigation will probably be necessary, but
he expressed a desire for an opinion from the Attorney General on the wording
rather than trying to bring about a declaratory decree on it.
All agreed that it would be by far simpler and clearer to have the legislation
corrected in the coming session than to face a long court battle in the matter.
Mr. McAteer assured the members of the Keystone Association that the Board
does intend to regulate the City of St. Petersburg's well fields. He asked
that the City of St. Petersburg be notified to be sure to have a representative
at all future Regulatory Board meetings.
There was no.further business to come before the Board at that time and the
meeting was adjourned at 10:00 a.m.