Title: SWFWMD (R) Minutes of Meeting of Board of Governors
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00050869/00001
 Material Information
Title: SWFWMD (R) Minutes of Meeting of Board of Governors
Alternate Title: SWFWMD (R) Minutes of Meeting of Board of Governors, with list of those present.
Physical Description: 3p.
Language: English
Publication Date: Jan. 14, 1970
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 2, Folder 1A ( SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (Regulatory), Folder 1 ), Item 49
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00050869
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



Brooksville, Florida January 14, 1970

The Board of Governors of the Southwest Florida Water Management District
(Regulatory) met in the District Headquarters building, Brooksville, Florida,
at 9:45 A.M. on January 14, 1970. The following persons were present:

Derrill McAteer, Chairman Myron Gibbons, Attorney
Arthur M. Pickard, Vice Chairman Col. H. C. Gee, Consulting Engineer
Edward Medard, Secretary Ted Reiter, Consulting Accountant
John Anderson, Trea surer Dale Twachtrnann, Executive Director
Herman Beville, Member Donald Feaster, District Engineer
S. C. Bexley, Member Robert Gates, Supt. of Maintenance
Paul Hubbard, Member Garald Parker, Chief Hydrologist
Boyce Williams, Member Clint Schultz, Chief of Fiscal Division
Robert Watson, Chief of Land Acquisition

James Carter, Watson & Company
Ernie Bishop, Department of Natural Resources
Walter Ramsey, Department of Natural Resources
John White, Architect
Eugene Knotts, Mayor, Yankeetown
E. M. Pell, Yankeetovwn
Nita Hutson, Yankeetown
Dwight L. Hart, Oklawaha
George D. Brown, Tampa
Howard C. Blain, Leesburg
Jim Twitty, Tam-pa Tribune
Lucy Ware Morgan, St. Petersburg Times

and the following SWFWMD staff members: Ann Black, Emily Black, Hildred
Haight, Melba Beaty and Carol Ezell.

Chairman McAteer called the meeting to order. The minutes of the Decem-
ber 10, 1969 meeting were considered by the members and after study it was
moved by Mr. Anderson and seconded by Mr. Beville that the minutes be
approved as published to the Board. Motion carried.

Mr. Parker then reported to the Board on the status of driller registration.
At the present time there are 337 driller applications on file, with only 64
remaining incomplete. A total of 153 registrations have been completed since
the last meeting. Mr. Parker stated that there are a total of 22 drillers out-
side the District with registrations incomplete but that these drillers will post
bond if they get a job within the District.

Mr. Parker reported that to date one driller has been cited with violation of
the rules and he has now complied with the rules. He also said that approxi-
nmately 7 10 permits per day are being processed.

Chairman McAteer then called upon Mr. Parker for a presentation to the
Boa rd of changes to the ootention' etric surface from 1"'-:P to i t and froim

Minutes of the Meeting January 14, 1970
SWFWMD (R) Board Page Two

1964 to 1969. Mr. Parker pointed out and explained to the Board maps indicating
the gross picture of changes that have taken place in the Floridan aquifer. Major
problem areas exist mainly in the south one-half of the District.

Mr. Twachtmann reported that the first meeting of the Well Drilling Advisory
Committee was held on Tuesday, January 13th, with Governing Board Chairman
McAteer present. He stated that it was a very productive meeting with all mem-
bers present. He also brought out the fact that the first issue of the monthly
publication, "The Hydroscope", had been mailed to over 300 drillers, as well
as to all County Commissioners, County Engineers and many newspapers in the

Mr. Gibbons said that he and Mr. Parker and Mr. Twachtmann have been work-
ing on the staff's suggested changes to the rules and regulations and he stated
that he felt a public hearing date should now be set for hearing proposed changes
to the rules if evidence so warrants. After discussion, Mr. Anderson moved
that a public hearing be held on March 11, 1970 at 10:00 A,. M. to consider changes
in the rules and regulations anTth~-t the necessary notifications and advertis-
ments be prepared. Motion seconded by Mr. Beville and passed.

Mr. Gibbons said that he and other attorneys in his office had just completed the
preparation of an opinion relative to the Board's earlier questions about its
limits of authority. The text of the opinion follows:

Query: Can SWFWMD (R) control or regulate well fields by either prevent-
ing the construction of wells, limiting the number, size or depth, or
restricting the pumping from such wells?


Yes, if it is shown by preponderance of the evidence presented at a public
hearing that the use, either contemplated or present, is detrimental to other
water users or to the water resources of the state.


Section 373. 171 authorizes SWFWMD (R} to establish orders affecting the use
of water as conditions warrant, and forbidding the construction of new diver-
sion facilities or wells, the initiation of new water uses, or the modifications
of any existing uses, diversion facilities, or storage facilities within the
affected area. This power is granted in order to obtain the most beneficial
use of the water resources of the state and to protect the public health, safety
and welfare and the interests of the water users affected.

This section further authorizes the Regulatory Board to regulate the use of
water within the affected area by apportioning, limiting or rotating uses of
water, or by preventing those uses which the local board finds have ceased
to be reasonable or beneficial. 373. 171(l)(b).

Sub-section (3) provides that no order shall require any modification of exist-
inlg use of water unless it is sho,.n that thie use is detrimental to other water
users or to the water resources of the state.

Minutes of the Meeting January 14, 1970
SWFWMD (R) Board Page Three

No rule shall be adopted except after a public hearing pursuant to notice as
provided in Section 373. 151 and the need for such action must be shown by a
preponderance of the evidence presented at the public hearing. 373. 171(4).

If the Board desires to issue an order to a named person affecting his use of
water, rather than an order of general applicability and future effect, the
aRegulatory Board need only give notice to such affected persons at least 10
days prior to the hearing. This notice can be given by personal service or
registered or certified mail and must state the time and place of the hearing
and proposed action concerning his use of water. 373. 151 (Z).

Chairman McAteer asked that each member of the Board be provided a copy
of the opinion for their individual study.

There being no further business to come before the Board at this time the
meeting adjourned at 10:15 A. M.


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