August 22, 1968
Received from L. M. BLAIN, Brief of Appellant
and Brief of Appellee in connection with
Pinellas County vs Hillsborough County -
Case No. 158793.
Brooks Hoyt, Esquire o
MacFarlane,Ferguson,Allison & Kelly
11N T '-^ CUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT OF
TE "?A.TE OF FLORIDA, IN AND FOR HILLSBOROUGH COUNTY
PIIEBLLrS COUN;TY, a political )
subdivision of the State of
\ Florica, )
IHUILLS30ROUGH COUNTY, a
political subdivision of the ) No. 158793 .
State of Florida,
I) I Z.
THE HILLSBOROUGH COUNTY WATER
SCON-SERVATION DISTRICT, )
Defendants. ) *"
DEC LRATORY DECREE
This cause came on for final hearing before the Court on
June 1i, 1967, upon Plaintiff's complaint, as amended, for entry of
a declaratory decree, and the amended answer thereto of the
Defendants. By its amended complaint, Plaintiff seeks the entry
of a declaratory decree adjudicating the validity of the creation
of The Hillsborough County Water Conservation District, the
validity of the legislative act under which said district was
created and certain additional questions collateral to the said
district and its operations. Plaintiff also prays for supplemen-
tary relief in the form of an injunction against any attempt by
The Hillsborough County Water Conservation District to regulate,
i restrict or otherwise interfere with Pinellas County in the
J operation of its water wells and water system. The Court has
Heard the testimony of witnesses presented both by Plaintiff and
Defendants directed to the factual issues raised. Additionally,
it has stuil ed the voluminous technical exhibits introduced on
behalf of the.parties hereto, has reviewed the transcript of the
trial testimony ani has studied the post-trial briefs filed by
counsel of record. Upon consideration thereof,-the Court being
S fully advised in the premises, it is ADJUDGED, ORDERED and DECREED
" . .c..... i O- .. .
(1) That t Ct has jurisdiction of the subject
matter hereof and of the r.rt'is hereto, that the instant cause is
one properly brought under :- terms and provisions of Chapter 87,
Florida Statutes, and that r elates to an actual and bona fide
controversy existing between F'ainti-f and Defendants.
(2) That the le ir::i'i.e enactment relied upon by the
Defendant, Hillsborough Countr, as authority for creation of the
Defendant, The Hillsborough County',: water r Conservation District,
namely, Chapter 22935 Laws of Florda, Acts of 195, is constitu-
tional in all respects.
(3) That the action taken by the Defendant, Hillsborough
County, in creating*the defendant district, -T'e Hillsborough
County Water Conservation District, is supported by a preponder-
ance of the evidence in the record of this cause, and that the
Defendant, Hillsborough County, acted in accordance with due
process of law and in pursuance of the specific terms and provi-
sions of Chapter 22935, Laws of Florida, Acts of 1945, in estab-
lishing the said district.
(4) That the Legislature of the State of Florida, by
it's enactments subsequent to 1945, including specifically its
enactment and its subsequent amendments of Chapter 373, Florida
Statutes, has in no wise effected a repeal, implied or otherwise,
of Chapter 22935, Laws of Florida, Acts of 1945.
(5) That the boundaries of The Hillsborough County
Water Conservation District are valid and proper in every respect,
the same being within the purview of Chapter 22935, Laws of
Florida, Acts of 1945, and being justifiable on a hydrologic basis
under the evidence adduced in this case.
(6) That The Hillsborough County Water Conservation
District has the power and authority under Chapter 22935, Laws of
Florida, Acts of 19i45, to establish, install and put into opera-
tion such water conservation plans, measures and facilities as may
Sbe necessary or appropriate for the preservation, conservation and
| use of the water resources of the area served by the district-
that under the evide,. au :ed,C and in light of the statutory
grant, The Hillsborour-. C. --ater Conservation District, acting
through its Board of Co. -- ---r, (ex officio the Board of County
Commissioners of Hillsbo0- -:..- Florida) has power and
authority.to adopt reasonable ,_-ce and regulations directed to
the control, regulation and rinJZ :nce of ground water levels and
lake levels within the district- ,. no rules and regulations
having as yet been formally adopted by The Hillsborough County
Water Conservation District, the Cc-rt necessarily makes no
adjudication respecting the reasonableness and/or validity of any
particular type of rule or regulation tht be directed to
the foregoing purposes.
(7) That the general power and authority of The
Hillsborough County Water Conservation District, as aforesaid,
extends to water wells owned and/operated within the district by
the Plaintiff, Pinellas County, and to water wells operated by any
other party, public or private, within the said district, subject
only to the limitation that any rules and regulations adopted in
pursuance of such power and authority must be adopted and adminis-
tered in accordance with due process of law and must be reasonably
related to the objects and purposes of the said district, as
defined in Chapter 22935, Laws of Florida, Acts of 1945.
It is further ADJUDGED, ORDERED and DECREED as follows:
(8) That the Plaintiff's prayer for entry of an
injunction against The Hillsborough County Water Conservation
District be, and the same is hereby, denied.
(9) That the Court retains jurisdiction to conduct such
further proceedings in this cause as may be necessitated by the
adoption and administration by the Defendant, The Hillsborough
County Water Conservation District, of rules and regulations
directed to the control, regulation and maintenance of ground
water levels and lake levels within the said district.
i DONE AND ORDERED in Chambers at Tampa, Hillsborough
SCounty, Florida, this day of August, 1967.