Title: Testimony of Dean Frank E. Maloney, Holland Law Center
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 Material Information
Title: Testimony of Dean Frank E. Maloney, Holland Law Center
Alternate Title: Testimony of Dean Frank E. Maloney, Holland Law Center, University of Florida, Counsel to the Florida Water Resources Study Commission which drafted the 1957 Water Resources Law under the authority of which the SWFWMD (R) was created
Physical Description: 4p.
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 3, Folder 2 ( SWFWMD (R) HISTORY - LAWS, RULES FIRST ORDERS - B3F2 ), Item 53
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00051364
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.

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Testimony of Dean Frank E. Maloney, Holland Law Center, University of
Florida, Counsel to the Florida Water Resources Study Commission which
drafted the 1957 Water Resources Law under the authority of which the
S.W.W.M.D. (Regulatory) was created.

Dean Maloney: I feel that the proposed rules and regulations of

S.W.W.M.D. (Regulatory) represent a meaningful step towards the Dis-

trict's objec1f "maximum beneficial utilization, development and

conservation of the water resources of the Regulatory District" and

prevention of the "depletion, deterioration, waste, and unreasonable

use of said resources."

It has been clearly established in the hearings of August 30,

1968 and elsewhere that serious water problems exist within the S.W.W.M.D.

Resolution 268 which set up the S.W.W.M.D. (Regulatory) delineates

a number of such problems. Item 1 of the Resolution, subsections (b),

(c), (e), and (f), sets forth a number of these problems, including a

continuous increase in ground water consumption, a long-term decline in

ground water levels, and evidence of salt-water intrusion in some areas.

The solution to these problems is complex. A careful and compre-

hensive program of water management will be required to maintain and

improve the condition of ground water resources in the area. For this

reason I urge the adoption of the proposed rules and regulations of

S.W.W.M.D. (Regulatory) as the initial stage of such a water manage-

ment program.

Once the proposed rules and regulations now under consideration

are adopted, the Governing Board should address itself promptly to the

more difficult aspect of the problem--regulation of consumptive use.

This was the purpose contemplated for such districts by the Florida

Water Resources Study Commission which drafted the provision of Chapter

373 authorizing the establishment of water regulatory districts.






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Control over well drillers, well-construction standards and an

inventory of wells are desirable, but the real purpose of a water

regulatory district is to regulate consumptive use when necessary to

protect the resources of thkedistrict. Dr. Vernon ofFlorida Board

of Conservation, Division of Geology, testified at the public hearing

on August 30, 1968 that increased withdrawals of ground water have led

to a decline of lake levels and declining water tables at the ground

surface, particularly in those areas where large water supplies are

being developed. [Hearing, Aug. 30, 196?at 77.] Mr. Brashears,

Consulting Hydrologist for the City of St. Petersburg, in his testi-

mony at the same hearing agreed that wider spacing of wells and re-

duced pumping levels would be helpful in alleviating the ground water

depletion in some areas. [Hearing, Aug. 30, 196Tat 162-163.]

Demands by industrial, agricultural and municipal users will

continue to increase. S.W.W.M.D. (Regulatory) should develop regula-

tions now to insure that these future demands will be met. The elim-

ination of waste and unreasonable use should play a prominent part

in these efforts. Dr. Gyarcigf-Bengochea stated at the same hearing

that ample supplies of water are available and that the problem is one

of water management and optimum development rather than the availability

of water. He also agreed that new well fields must be properly spaced

with respect to existing well fields. [Hearing, Aug. 30, 1968 at 274J

As Mr. Frank Andrews, a geologist speaking in behalf of Hillsborough

County at the public hearing in August 1968 stated: "The problem I

don't think is a problem of well construction. I believe it is one

of large withdrawals of water from small areas of land, and these small

areas of land simply have to be isolated and surrounded and gotten

away from where the population is, or where the pumping has to be

reduced." Regulations with respect to consumptive use are needed to






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make possible the accomplishment of these objectives.

One model for placing reasonable restrictions on over-withdrawals

can be found in New Jersey [see 58 N.J. Stat. Ann. 4A-1] In that

state the Division of Water Policy and Supply of the State Depart-

ment of Conservation has authority to delineate critical areas

where diversion of subsurface waters threatens or impairs the natural

replenishment. In these critical areas permits from the Division

must be obtained for withdrawals in excess of a minimum amount al-

lowed for domestic use.

An additional reason for prompt development of additional rules

and regulations permitting management of water resources by S.W.W.M.D.

(Regulatory) is the threat of impending regulation of water resources

by the Hillsborough County Water Conservation District. Regulation

at the county-level was suggested at the Florida-wide hearings before

the Florida Water Resources Study Commission in 1956. That Commission

felt, however, that regulation at the county-level would be undesirable

from a hydrologic viewpoint, and the 1957 Water Resources Law specifically

required that regulatory districts "conform as nearly as practicable

to a hydrologically controllable area based on ground water and re-

charge area with appropriate consideration for surface water." Fla.

Stat. 373.142 (c) (3) (1967).

The S.W.W.M.D. is now faced with the possibility of county-level

regulation of the sort the 1957 Water Resources Law sought to avoid.

The proposed regulations of the Hillsborough County Water Conservation

District dated Aug. 1, 1968 contemplate broad regulation of consumptive

uses.

If S.W.M.D. (Regulatory) delays meaningful regulation of consumptive






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use in areas where serious water problems exist, the Hillsborough

District undoubtedly will assume this function in the area within its

jurisdiction.

In summary, I would recommend that S.W.W.M.D. (Regulatory) adopt

the proposed Rules & Regulations it is considering today, but that it

also initiate further rules and regulations in the near future to con-

trol location, spacing, and withdrawals from wells in those areas

where ground water resources are endangered. The existence of water

problems sufficiently severe to require regulation has been clearly

established. Indeed, they form the legal basis for the creation of

the Regulatory District. In my opinion that District now has the

obligation to make use of the power given to it under 373.171 of

Florida Statutes to establish additional rules and regulations with

respect to consumptive use of water in critical areas for the protection

of the water supplies and water users in those areas to the end that

maximum beneficial utilization, development and conservation of the

water resources of the District may be assured in the best interests

of all of the people in the District.





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