Title: Letter questioning the authority of SWFWMD
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00051885/00001
 Material Information
Title: Letter questioning the authority of SWFWMD
Alternate Title: Letter questioning the authority of SWFWMD and its extent of powers.
Physical Description: 2p.
Language: English
Publication Date: April 23, 1979
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 3, Folder 8 ( WELL FIELDS - PUBLIC - ORDERS ), Item 4
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051885
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

Tallahassee, FL 32304 4,

Dear Representative Kiser:

Recently I received a letter from Southwest Florida Water
Management District concerning our Eldridge-Wilde and East Lake
Road Wellfields. I am enclosing a copy. Apparently, Southwest
Florida Water Management District is under the impression that
322 The Capitol 0^
Tallahassee, FL 32304 Flo

it has legislative authority to consider the water crop theory,
areas served by the County, population growth, zoning, the
existence or non-existence of water lines and projected plans
for water lines, etc. As we all know, SWFWMD has no such auth-
ority. Under F.S. 373.103 SWFWMD is to determine the levels
in the wellfields utilizing hydrological information. The key
to their legislative mandate is F.S. 373.042 which requires
SWFWMD to set minimum levels in the aquifer below which signifi-
cant harm to the resource would occur. This is the extent of
their powers.

We have long been advised by SWFWMD that they plan a review
of all wellfields including those held by the City of St. Peters-
burg in 1980. They have made all permits expire as of December 31,

I would like to formally request as special counsel on
water matters for Pinellas County that you ask your aide to make
an independent determination as to the propriety of this letter
and in particular the legislative authority for apparently es-
tablishing a criteria which I cannot find in Chapter 373 Florida
Statutes. At an appropriate time to be determined by you, I
would then like to have an opportunity to discuss this matter
with the Legislative Delegation and receive recommendations from
the Delegation as to what action. or actions should be taken, if
any, in this regard.

Continued, please .

The Honorable S. Curtis Kiser
April 23, 1979
Page Two

I look forward to hearing from you at your earliest
convenience concerning this matter.

Very truly,

0oh -T. Allen, /^\ ^^^^


cc: Hon. Peter H. Dunbar
Hon. Betty Easley
Hon. George Hieber
Hon. Dennis Jones
Hon. Ron Richmond
Hon. Dorothy Sample
Hon. Jim Smith
Hon. Tom Woodruff
Hon. Joseph "Joe" Wornicki
Hon. Charles E. Rainey
Hon. Jeanne Malchon
Hon. John E. Chesnut, Jr.
Hon. Bruce Tyndall
Mr. Terry Knepper
Mr. Fred Marquis

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