Title: Minutes of the SWFWMD Governing Board
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00051939/00001
 Material Information
Title: Minutes of the SWFWMD Governing Board
Alternate Title: Minutes of the SWFWMD Governing Board relating to Basin Boards.
Physical Description: 2p.
Language: English
Publication Date: Dec. 4, 1985
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 4, Folder 1 ( SF BASIN BOARD CONCEPT ), Item 23
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051939
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
Minutes of the Meeting December 4, 1985
Board of Governors Page 7

*CUP No. 204352 Chairman Samson noted for the record he would file a
memorandum of conflict due to his firm's financial advisory relationship with the
applicant and abstained from voting.

Following consideration and without objection, the Board approved renewed authority
through January 8, 1986, for Temporary Consumptive Use Permits in Docket BZc, as
recommended by staff.
d;- Other Consumptivet Use Matters
Mr. Luter introduced Mrs. Faye Dobbs and said she has requested to address the Board.
Mrs. Dobbs, a resident of Polk County, said she has owned an orange grove for 30 years
that has never needed to be irrigated. She said the grove is on reclaimed phosphate land
and this year for the first time the grove has wilted. Mrs. Dobbs said she had several
letters she wanted entered into the record including a letter from Mr. McLean and
-Brewster Phosphate. Mr. Fernandez advised the Board that the permit being discussed is
not before the Board at this time, however, Mrs. Dobbs can address the matter at such
time the permit comes due for renewal In response to Mr. Harkala's question,
Mrs. Dobbs said her complaint was in reference to Brewster Phosphate's consumptive use
permit. Mrs. Dobbs read a statement into the record which reflected the condition of
the grove. Mr. McLean said staff had researched the area and had concluded that the
existing mining operation had not affected Mrs. Dobbs' grove. Chairman Samson thanked
Mrs. Dobbs for informing the Board of her problem and assured her that staff would be
investigating the situation further. Mr. Lambert suggested Mrs. Dobbs approach
Brewster Phosphate in regard to drilling a new well on her property. Mr. Harkala
concurred with Mr. Lambert and said if irrigation was unnecessary for 30 years
something has caused the grove to suddenly wilt. Mr. Harkala said staff should review
this permit and the effect of drawdowns in the area. Mr. McLean pointed out as a
matter of information that the Brewster Phosphate consumptive use permit does not
expire until June 1989. Chairman Samson directed staff to contact Brewster Phosphate
and make them aware of the current situation.
3. Other Permit Matters
a. Applications for Reconsideration
b. Permits- Recommended for Revocation
-Deep Well Injection and/or Artificial Recharge
Following consideration and without objection, the Board approved continuance of DWI
Applications in Docket B3c, as recommended by the staff.
Part II. Proceedings
Docket A; Formal Proceedings
Docket B. Informal Proceedings
Part HII Rule Making
Docket A. Adoption
/(_ None
Docket B. Initiation
( \ 1. Initiation of Rule Making: Rule 40D-0.061 through 40D-0.66,
Regarding Basin Boards Functions, Expenditures,
Taxes and Budget Allocation
Mr. Fernandez said rule making was initiated on November 5, 1985, by the Governing
JF Board to clarify the role of Basin Boards in accordance with the mandate of Governor

SMinutes of the Meeting December 4, 1985
Board of Governors Page 8

Graham on November 4, 1985. He said a draft rule was mailed on November 21, 1985, to
all Governing Board and Basin Board members. Mr. Fernandez provided the Board copies
of a proposed time schedule for the rule making process and reviewed the schedule with
the Board. He pointed out that the draft rule tracks the Governor's mandate with
grammatical changes, clarification and some statutory language. Mr. Fernandez
responded to Mr. Stubbs' concerns by saying statutory references are deleted in the body
of the rule as they will be listed at the end of the rule. He said this in no way means that
the statute is being deleted. Mr. Stubbs said in light of the efforts by the Governing
Board to act on good faith it would be more appropriate not to delete these statutes in
the body of the rule even though they will be listed at the end of the rule. He said this
leaves a lot of room for misconception and controversy. Mr. Fernandez reviewed for
Mr. Herndon the duties and obligations of the Governing Board and Basin Boards as set
forth in the draft rule. There was discussion by the Board relative to whether or not the
Governing Board could add to a Basin Board's budget. Mr. Taft said this language is very
unclear and needs to be clarified, specifically the term "modification" in Section 40D-
0.066(2). Mr. Herndon questioned the outcome of this rule making process having a
bearing on the current litigation and the possibility of settlement out of court. Chairman
Samson said the Governing Board has acted on the Governor's mandate as have the Basin
Boards who withdrew from the pending litigation. He said in his opinion those litigants
who have reservations in dropping the suit should be directed to the office of the
Governor. In response to Mr. Lambert's question, Mr. Fernandez said Mr. Haben would
review the proposed rule making process with the Speaker of the House, President of the
Senate, majority leaders and committee chairmen. There was further discussion in
regard to the Governing Board's modification of a Basin Board's budget. Mr. Zagorac said
he felt the language needed clarification. He said his interpretation of the Governor's
mandate is that the Governing Board could decrease funding or reduce the scope of a
project but could not add to the scope or add to the funding for a project. Mr. Stubbs
pointed out that when a project's estimated cost has been agreed upon and it has received
Basin Board approval, there would be no need for the Governing Board to add funds or
modify the project. He said the language should be strengthened to show the intent is
not to add to it. Referring to the photogrammetry project as an example, Mr. Stubbs
said when a Basin Board has approved a certain amount for a project and the Governing
Board feels additional photogrammetry in the Basin should be accomplished, the
Governing Board could add to the project with District funds. Ms. Pieper, Hillsborough
River Basin Board member, addressed the Board. Ms. Pieper voiced her strong opposition
to the use of the word may in Section 40D-0.065(Z) instead of the word shalL She read
from several references including the 198Z Attorney Pocket Dictionary and stated that
the two words do not have the same meaning. Mr. Fernandez said shall is not in a
mandatory form in the statute and said the draft rule is nothing more than the Governor's
mandate. Ms. Pieper said in her opinion Section 40D-0.066(Z) is an empty statement and
unnecessary to the rule. In summary of the discussion, Chairman Samson directed
General Counsel to consider the items of concern expressed: (1) clarification of the word
modification in Section 40D-0.066(Z) and the relevance of that section, and (2) the word
may versus the word shall referenced in Section 40D-0.065(Z) and (3) the deletion of
statutory references. Following consideration, Mr. Herndon moved, seconded by
Mr. Harkala, to approve the proposed time schedule for the rule making process
regarding Governing Board/Basin Board responsibilities as recommended by staff. Motion
carried with Chairman Samson, Ms. Kumpe and Messrs. Herndon, Harkala, Zagorac,
Stubbs, Lambert and Harrell voting in favor and Mr. Taft voting against.
2. Manasota-88 Petition to Initiate Rule Making
to Require All Consumptive Use Permits to be Metered
Mr. Fernandez presented a petition filed by Manasota-88 to initiate rule making to
require all consumptive use permits (CUPs) to be metered. He said the Governing Board

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