Title: Minutes of SWFWMD(R) Governing Board Meeting
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00051321/00001
 Material Information
Title: Minutes of SWFWMD(R) Governing Board Meeting
Alternate Title: Minutes of SWFWMD(R) Governing Board Meeting on August 13, 1969
Physical Description: 4p.
Language: English
Publication Date: August 13, 1969
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 3, Folder 2 ( SWFWMD (R) HISTORY - LAWS, RULES FIRST ORDERS - B3F2 ), Item 10
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051321
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 August 13, 1969

The Governing Board of the Southwest Florida Water Management District (Regulatory) met
in the District Headquarters building on Wednesday, August 13, 1969, at 11:00 A. M.
during a scheduled recess of a meeting of the Southwest Florida Water Management District
Governing Board. The following persons were present:

Derrill McAteer, Chairman Myron Gibbons, Attorney
Edward Medard, Secretary Col. H. C. Gee, Consulting Engineer
Arthur M. Pickard, Treasurer Raymond Crippen, Consulting Accountant
Herman Beville, Member Dale Twachtrann, Executive Director
E. B. Larkin, Member Donald Feaster, District Engineer
C. J. Knowles, Member Robert Watson, Chief of Land Acquisition
Paul Hubbard, Member Robert Gates, Superintendent of Maintenance
Garald Parker, Chief of Hydrology Division
Clint Schultz, Chief of Fiscal Division

Col. J. V. Sollohub, Director, Division of InternalResources
R. M. Bachman, Division of Interior Resources
John Ward Dougherty, Northwest Hillsborough Basin Board
Ward C. Tooke, Withlacoochee RiverBasin Board
Willard Ayres, County Attorney, Marion County
"J. G. Kirkland, Marion County Commissioner
Ned Folks, Marion County Commissioner
George M. Rou, Jr., Marion County Commissioner
"Paul Melin, Marion County Commissioner
L. V. Curry, Marion County Commissioner
G. M. Price, Env. Health Director, Marion County
Charles H. Gardner, International Minerals & Chemical Co.
Earl Wells, Florida Phosphate Council
"Burl R. Dunlap, Fla. Well Drillers Association
J. S. Rosenshein, U. S. Geological Survey
T. M. Kilgore, Ex-Governing Board Member
Rufe Wysong, Sumter County Recreation & Water Conservation & Control Auth.
Walter Michaels, Keystone Civic Club
Dwight Hart, Oklawaha
Lucy Ware Morgan, St. Petersburg Times
Judy Redfern, Tampa Times
Jim Twitty, Tampa Tribune

Minutes of the Meeting August 13, 1969
SWFWMD(R) Board Page Two

and the following SWFWMD staff members: Jake Varn, Robert Haight, Emily Black, Bob
Stoll, Melba Beaty, Sandra Polansky, Ann Black, S. Melodie Oleson, and Wendall Smith

Chairman McAteer called the meeting to order. Copies of Draft No. 7 8-7-69 of the Rules
and Regulations for the SWFWMD(R) were distributed to all of the guests present. Chairman
McAteer explained the several changes to the rules that had been made since the Public
Hearing. He pointed out the special paragraph providing for emergency situations and also
the special paragraph exempting certain types of engineering core boring and mineral pros-
pecting operations. To open the rules for discussion Mr. Larkin moved that the rules be
-incorporated into Resolution No. R-I of the Southwest Florida Water Management District
(Regulatory) and that Resolution No. R-1 be approved and adopted by the Board, The motion
was seconded by Mr. Beville.

Chairman McAteer then recognized County Attorney Willard Ayres of Marion County who had
asked to be heard on the motion. Attorney Ayres apologized first of all that the Board of
County Commissioners of Marion County had not appeared at the Public Hearing of July 9th,
stating that they had not been aware of the notices that had been published or the notice that
had been mailed to them. He stated that Marion County Board of County Commissioners was
opposed to the adoption of the rules and regulations and he questioned whether or not the
SWFWMD(R) even had the legal right to impose such rules and regulations on well drillers.
He stated that only a portion of Marion County was within the District boundaries and therefore
some of the residents of the County would be required to obtain permits for their well drilling
operations while those outside the District boundaries would be exempt. He said he had
studied Chapter 373, Florida Statutes carefully and that he felt the exemptions listed in that
law should be listed word for word within the Rules and Regulations.

Chairman McAteer answered the delegation from Marion County by saying that they should
have appeared at the Public Hearing with their objections so that they could have been con-
sidered during the proper course of events. He pointed out that since most domestic wells are
less than two inches the Board has felt that the two inch exemption basically satisfies the
exemption he requests. Mr. Gibbons pointed out that the decision to include- the entire
District in the Regulatory District was made over a year ago at a Public Hearing held on
August 30, 1968, and that no testimony from Marion County objecting to boundary matters
was heard at that time. Mr. Gibbons then read a proposed addition to the Rules and Regulations
that could be inserted as Section 3. 14 if the Board feels it is necessary. He said that regulation
of well drillers is considered necessary to implement the intent and purpose of Chapter 373,
Florida Statutes, and if any person or groups did not agree with such an interpretation of
Chapter 373, then such person or group would have to take the matter to the courts.

-_ -__- .~ ~ ._ *-- --

Minutes of the Meeting August 13, 1969
SWFWMD(R) Board Page Three

Mr. "Knowles stated that he had voted against the creation of the Water Regulatory District
because there was no provision for deleting certain counties. He said that prior to the final
creation of the Regulatory District he had appeared before, or contacted, each agency and
the City Commissioners and County Commissioners of his County and had discussed in detail
the Regulatory District with the members of the Oklawaha River Basin Board which included
a representative from Marion County. He said he could not understand how Marion County
officials could not have known about- the formation of the Regulatory District and the possi-
bility of regulations prior to this time.

Attorney Ayres said he feels that Marion County can handle its own problems under the new
"home rule" powers recently granted by the Legislature. He added that when Marion County
entered the Southwest Florida Water Management District years ago it was not their intent
that the SWFWMD should involve itself in any manner of ground water authority. Mr.
Twachtmann stated that it should be obvious to all persons involved with water management
that ground water and surface water are intrinsically interconnected. He saidthat these
Rules and Regulations were necessary to protect the water resources of the District and that
only through the well drillers could the ground water portions of true water management be
implemented. Chairman McAteer added that he felt some of the serious problems now being
experienced in several of the Basins of the District could have been avoided if the Regulalory
District had been established earlier. He said that the Regulatory District now established
and the rules being discussed should assist Marion County from ever having such problems
in their future.

Mr. Larkin then restated his motion to read as follows:

That the Southwest Florida Water Management District (Regulalory) finds that a need exists
by a preponderance of the evidence presented at the Public Hearing on July 9, 1969; that
the following Rules and Regulations be adopted and issued, the same being effective and
operative as of October 1, 1969. The restated motion was again seconded by Mr. Beville.
The motion then passed unanimously.



Resolution No. R-1 is made a part of these minutes as if set out herein in full, but for con-
venience sake is filed in the permanent resolution files of the SWFWMD(R).

Mr. Melin, Chairman of the Board of County Commissioners of Marion County, asked for an
explanation of just how the'Rules and Regulations would be implemented. Chairman McAteer
said that a Iqyman'soutline would be prepared and sent to Mr. Melin shortly.

Minutes of the Meeting August 13, 1969
SWFWMD (R) Board Page Four

Attorney Gibbons then suggested that the Governing Board pass a proper motion delegating
certain authority to the Chief Hydrologist, with the approval of the Executive Director,
to do the following things as stated in the following sections of the Rules and Regulations:

2.02 Issue special and general certificates of registration
2.05 Approve bonds
2.06 Prescribe restrictions in connection with issuance of special certificates
2.15 Authority to suspend certificates of registration until the next regular
meeting of the Board
3.03 Issue permits for well construction
3.11 Reject or suspend permits for well construction until the next regular
meeting of the Board
3.12 Issue emergency permits

After a full discussion it was then moved by Mr. Larkin, and seconded by Mr. Pickard, that
the motion be approved. The motion carried.

There being no further business to come before the Board at that time the meeting was
adjourned by Chairman McAteer.


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