Title: Water Management Districts, Corps of Engineers
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 Material Information
Title: Water Management Districts, Corps of Engineers
Alternate Title: Water Management Districts, Corps of Engineers, Department of Natural Resources. Property Transfer Meeting, Crown Bldg.
Physical Description: 57p.
Language: English
Publication Date: January 22, 1975
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
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General Note: Box 4, Folder 3A ( SOUTH FLORIDA -BOUNDARY CHANGES - WATER MANAGEMENT DISTRICTS ), Item 23
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Upper St. Johns River cut out from the existing local sponsor and they had

no, as far as the State is concerned, further responsibility for that, then

we would have to have some substitute body to serve as a local sponsor

capable of fulfilling these obligations that I have enumerated. Otherwise

I can't spend another nickel up there even in planning or anything else.

TOM LAWTON:

if the State is convinced that fund situation will remain static and

can be cut down to where some way or another we can come up with say $100

thousand to run the St. Johns station. That would satisfy your requirement.

The problem the ad valorem tax is a long range thing, but I would think that

the state could work out something with you.

COLONEL LEE:

Well, I think there are some legal questions here.

BOB GRAFTON:

Well, you've got a lawsuit pending right now in St. Johns which involves

the hold and save provision in which a man is suing for damages he claims is

from flooding from that Taylor Creek structure. We don't know what the result

of that will be. Actually the worst burden you have under the local cooperation

is really the hold and save because it's an unknown burden. You don't know

what it'll cost you. That is your biggest problem.

TOM LAWTON:

We intend to leave that with you, Bob.

BOB GRAFTON:

Thanks, but we don't want it.

TOM LAWITON:

But we really do have quite a bit of time before any additional monies

will be required for the Upper St. Johns unless somebody sues somebody, and you

aren't doing anything now so the status quo is going to remain. We do have

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Speaker of the House and then at that time, I served on the committee that

made Jack Shreve chairman of the committee that developed and passed the bill.

I'm very interested, or else I wouldn't have done what I did in the beginning -

the Governor wanted to fool with the thing. And there was one guy over in the

Senate who was going to fiddle with it and nobody was really grabbing it up

and moving with the program; so I started the program. I don't want anything

for it. Maybe I made a mistake but I just want to let you know that I'm really

interested and I think that it's a really analytical problem. How, if we have

to take the "bull by the horns", we'll move in the direction to do it, but

I need some input, I gotta help solve you people's problems. I'm going to

do the best I can and help you solve your problems. I think all of you generally

agree that we've got a pretty good law here if we could just solve that ad

valorem tax problem, then maybe if we move in that direction we'll solve the

problem. I think that we can do it if we all keep our cool and ride along and

see where we really are. I've only had a chance to be at several meetings -

and we've got the St. Johns Water Management District going and I knew we had

the ad valorem problem even when we started with the bill originally that

that was going to be one of our major factors. So I just think that if we all

sit here and work together we can hopefully solve this problem for everybody

in the state and I think that's the way to look at it. We can't be jealous in

certain areas that we have, regardless of what happened in the other part of the

state we're going to have to look at it that way --which is what's best -

I might be jealous of certain things but I've got to overlook that and do

what's best for the people.

CHARLES SANDERS:

Thank you very much. I think we've gotten out on the table now maybe

not all the problems we're facing, but a nucleus of them. Now, I'd like to see

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difference as to whether we should have ad valorem taxes to support the

activities or not. Now, we use our ad valorem taxes for a great deal more

things than the Four River Basins Project. And a substantial portion is used

in regulatory activities and the gathering of data and well drilling permits

and various other things. And we suggested at that time, that maybe the thing

to do would be propose a Constitutional amendment that would authorize a levy

of ad valorem taxes up to one mill for water management purposes state-wide.

Now, it seemed on the fact of it that this is kind of stupid, to suggest a Con-

stitutional amendment to authorize the levy of tax. But on the other hand, if

it is not increasing the tax in Southwest and Central and Southern, you've got

a very large segment of people that hopefully would support this. We made the

statement at the time that if we'd pass this, or start promoting this, that we

would at least want the support of the three new districts, their boards, where

they couldn't certainly speak for their voters, but at least their boards, who were

enthusiastically in favor of this even though they never levied a dime, but to

have the authority to levy such ad valorem taxes they felt would be appropriate.

This has not been pursued because it has not been embraced with a great deal of

enthusiasm on the part of the three new boards and it's, as far as the two existing

boards, they have no real purpose in doing this because they already have such an

ad valorem tax. But I would also hope that if anything is changed, that it would

coincide with the fiscal year from the ad valorem taxing standpoint, the Octo-

ber 1, date rather than July 1, because this transfer on July 1, gives us another

hiatus as far as support from the taxing standpoint. And another thing that we

put into law this last year (year before last) recommended that the legislature

put it in.that it was a proper expenditure of funds of both Department of Natural

Resources and existing districts and the new districts to use what funds are

available in actually putting on the ad valorem tax referendum election, so we've

got the authority to do that. I don't know of anyone who has initiated many efforts

toward an educational program to bring any of this to a vote at any point.
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BUDDY BLAIN:

I have a copy of our Resolution #33 that was passed April of 1963 to the

assurances of the Corps and Colonel. Our next step, of course, is to ask you

immediately to set the wheels in motion so that as of July 1, we will be released

of any of the responsibilities insofar as it relates to the Eastern tip of the

levee of the Green Swamp, and to structures in the Oklawaha Basin because with-

out this release, we are placed in a very peculiar position of having a legal

obligation and still being precluded from spending the ad valorem taxes funds

in that area because it is no longer a proper expenditure for public funds.

COLONEL LEE:

I think that those documents will have to be revised for several reasons-

the federal government is changing its fiscal year; in FY '76, so there will be

five quarters in FY '76. So in September, will be the end of the fiscal year.

I think there is little verbiage in there having to do with the fiscal year and

so forth. A lot of policing up will have to be done on these documents contingent

upon what course the State takes in regards to these areas.

JACK MALOY:

I think that before we leave the question, of in what form the liability is

assumed, you must recognize the fact that with the proof of financial responsibil-

ity demonstrated by the local sponsor, it then remains the discretion of the

local sponsor as to how they would appropriately plan for the exigency of having

to meet this liability. In our case, we have reserved funds and we also have

insurance policies.

BOB VAUGHN:

What if you lost a structure or something?

JACK MALOY:

Let's cite a couple of specific examples, and our counsel, Bob Grafton,

is here. He can answer any questions about those. We've had some lawsuits filed

against the federal government and we've had to hold and save the federal govern-

20.










by the millage that goes for all the district and so it's going to make a certain

amount of difference to the areas being transferred and certainly they are going

to have some responsibility that they have not had before. Quite frankly, I was

surprised that there was that much tax revenue coming from that area that was

to be transferred out, and this is going to be picked up somewhere. Up'until last

year, we (Southwest and Central and Southern) never received a penny from the state

for regulatory activities for any of these functions and this past year, of course,

there was the $500,000 that was authorized for each of the five districts. This

is the first time; we don't know what the legislature's inclination will be this

next year, but it certainly is inadequate to carry on the regulatory functions

that are imposed on us all that were passed and as Jack has expressed, our board

is concerned; they've been levying taxes now and on the firing line for some

thirteen years and would not like to see this transferred unless it's done respon-

sibly and unless these interests are protected. We're yet to devise a means of

sure funding we'd hope that the legislature has a crystal ball that they could

come up with or some idea how these transfers should be responsibly made.

BOB VAUGHN:

Charlie .

CHARLES SANDERS:

Bob .

BOB VAUGHN:

One thing, on the behalf of our board, Buddy, how do you feel in reference

to this suit? What is your timing? What would you expect to get in the way of

answers from the court?

BUDDY BLAIN:

Well, we filed this suit and it was difficult at first to find a defendant

because people aren't interested in litigating for the exercise of litigating.

We also are aware that some of the opponents of the water management districts,

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ment and we go into court and defend the federal government and our taxpayers

are liable to the extent that that court case is settled and any type of monetary

rewards that are paid and over the 25 years that we've been in business, we paid

several. So we actually budget and carry, in our reserve accounts, specific

reserve accounts, monies for these purposes, which are raised from ad valorem

taxes and it is a considerable amount of money. We feel, we also have reserve

accounts for emergencies such as any project expenditures. .. Suppose we lose a

pump station. We have a half million dollars in reserve. This is in special

accounts. This question about liability is broader than simply to say that we

have a resolution on file. The taxpayers and the governing-board members them-

selves as representatives of the taxpayers, are liable. In the case that we

have a court settlement and we have to come up with the money to settle it or

in the case that there is some damage or emergency, we have to meet these re-

quirements of the local sponsor and you must recognize that we budget and levy

a village only once a year and the operations of an entire fiscal year...

and you don't go back to the taxpayers in the middle of the year to raise money.

So there is some fiscal planning that has to go into this to assure the responsi-

bility. And as the district gets bigger, and the works become more valuable,

monetarily, the responsibility increases monetarily, so you have to increase

these funds. What we've done is fiscal planning; be sure that we keep pace with

the increased potential monetary impact of this responsibility on our part and

use the tax funds to do that.

BOB GRAFTON:

Well, to what Jack said, back up we paid one judgement of $150,000

dollars, against the United States, and there is presently pending one in the

federal district court; the judge has assessed $480,000. that's on appeal

right now, but that gives you an idea to what you are up against on this hold



21.










ART MARSHALL:

I think that we are in the process of doing that, Buddy, we've had one recent

turn of events that I think is a little more optimistic and not so pessimistic;

our board in general feels that to undertake such an enterprise, district-wide,

would be an expenditure of funds that wouldn't pay off in time and energies. And

that's a very genuine feeling on the part of them and they won't be very encouraged

to do that even if it is reasonably correct. Looking maybe at a new view, that

we must have in regards to these large public works projects, in the future,

where are we. .. where are we going. .. that sort of thing, we have been

meeting on a number of occasions with representatives of the City of Jacksonville,

specifically, Bio-Environmental Services, a Division their Health Department

and that's not the exact name of it; but it appears that at our next board

meeting, that the City Council of Jacksonville will have provided funds from its

own revenues to enable us to jointly begin efforts in learning some of the things

"that we need to learn and spoke about earlier; enable us to establish regulations,

and to learn where we are in regards to wells and what's happening to water

levels and intrusion of salt and that sort of thing and directly lead to us being

in the position of being able to contribute parts of the State Water Use Plan

which we all have the obligation ultimately to do. This would be in a thing that

the figures are in order of fifty of sixty thousand from them and the same from

us. This may be one door that may be opening alternative avenues to the ad valorem

tax device, but it does very clearly indicate that I'm having to be thinking :'

about projects at very much less cost than what we've been accustomed to. I be-

lieve that by the next board meeting, we will have a complete package on this

between the City of Jacksonville and our board. Maybe that is a little door

that is opening a little bit.

CHARLES SANDERS:

We have another area that is involved in transfer that is not as demanding

from the funding standpoint as the two we've been discussing but. the
31.









if we can come up with some recommendations to put out of here for us to con-

sider to make a report to you in the legislature of things we'd like to see

you consider.

BOB VAUGHN:

Mr. Sanders, maybe you'd like to hear from the people in Manasota ..

CHARLES SANDERS:

Yes, Sir, one of them just walked in one of the Director's down there.

I don't want to put her on the spot. I tell you, Mary, I just told them that

your budget request for next year was in the neighborhood of $100,000 and we

did have a problem of you being financed by general revenue across the line

and other counties are paying taxes and this is some of the difficulties that

we're facing at the present time.

BUDDY BLAIN:

Let me ask a question; there were some very fine activities in the area

of water management prior to the formation of the Manasota Basin in Manatee

and Sarasota Counties in limited areas, there have been activities at various

times. These were funded in the past by the county. Has any attempt been

made or effort or have you had any contact with the county in an effort to

continue to support any of your activities and what has been the response.

MARY KUMPE:

The problem right now is that the board is so new that it's a political

situation of everyone trying to figure what's going on. The, I think that the

counties, well, Sarasota County, is, I think, probably more receptive than

Manatee County to this general kind of problem, but they have been sort of

waiting for us to come to them and ask for money, but we have not gone as a

board with a proposal to them for something just because we've been, I would

say, only within the last meeting, or two that we have felt like a functioning

group.

41.











time to work with the problem as it exists today without additional requirements

on the ad valorem.

COLONEL LEE:

We're spending a lot of engineering money and federal money.

TC1 LAWTON:

Yes, but that's in Jacksonville and you've got the people, anyway.

CHARLES SANDERS:

Mr. DuBose, do you have anything you'd like to suggest at this time?

Mr. Helton? Anyone else have any comment they'd like to make?

JACK MALOY:

I know that this meeting wasn't called specifically to talk about the

wide range but more to focus in on the problems with the federal government

but I think my overriding concern in this whole thing is that the original

intent of the Water Resources Act not be lost in the arguments about the

transfer. I think it's critical to the state that the water management districts

be funded to continue and progress in their planning and regulatory activities

without regard to these public works projects and I hope that so much emphasis

is not placed on this transfer problem that the larger problem is going to be

overlooked. It's critical that the water management districts, now.that

they've got a start, with all the indications we get from the Chairman of the

House Appropriations subcommittee who is deliberating water management requests,

there's not going to be much money available this session. I don't think

anybody argues with that and I hope that the issue doesn't become so clouded

that as a result of an inability to solve this problem, we lose the larger

problem which is to continue to fund these new districts so they can move

ahead in the other thirty-five counties of the State of Florida that really

have not had an opportunity to have a regional approach to water resources.

51.











and there are those sitting on the sideline waiting utnil July 1, to go in

and challenge the taxing authority, and once it's lost, it can't be re-constituted

because of the constitutional provisions. So we finally prevailed upon Hernando

County to defend. Hernando County is a logical county to defend because there

are three different basins within Hernando County -portions of them, not all of

them. No area will be added to Hernando County and none will be taken from it,

but the amount of taxes that Hernando County is paying will be changed from an

equitable figure as far as transfer out of territory and they are currently paying

in Hernando County a relatively small county, about $138,000 in taxes for the

water management district. Now, we don't know how quickly this'll move. Their

attorney is going to be defending it and there probably will be others involved

in the suit. We hope that we will have a decision very early from the Circuit

Court by then we think that it will not be sufficiently binding if we did not

take it on up; and hope to get a certified question to the Supreme Court, and

then move it with haste and give Sanction to the decision that was given by the

Circuit Court. We think that we'll be successful, but we're not sure.

BOB VAUGHN:

Is this something that you anticipate having prior to the legislature meeting?

BUDDY BLAIN:

I would hope that by the time the legislature meets that we would have a

decision from the Circuit Court.

BOB VAUGHN:

From the Circuit Court, you wouldn't anticipate that you could get it certi-

fied by this time?

BUDDY BLAIN:

I've got a question, now we also are having our pleading being reviewed by

the Attorney General's Office who will come in on this, to participate in this

suit as well as the State Attorney for that area and he will be participating on

11.









and save.

SENATOR LEWIS:

I assume that the date we're hitting for is January, July 1, 1975, as the

date established by the legislature. Is that correct?

CHARLES SANDERS:

Yes Sir.

SENATOR LEWIS:

It appears to be, that while we are all here today, that we have a major

problem on this fiscal situation. I know, if I were a tax payer and paid sub-

stantial amounts of money in the Central and Southern Florida Flood Control

District, and saw because of a switch in the line we'd drawn, it all go up to

St. Johns, and we turn over a whole lot of assets, be it whatever portions we

paid in, I might look askance at it. Unless, the Upper St. Johns was of a mind

to tax themselves and I know that there is that, but I'd just like to ask Dr.

Marshall and it may be too early to tell, but are'the people in the Upper St.

Johns willing to impose a tax on themselves to carry out what is necessary?

ART MARSHALL:

I think the answer to that question, Senator, is very few pressed areas,

in counties, let's say, there might be a slim possibility; but in the greater

number of counties, this is highly unlikely.

SENATOR LEWIS:

So then, in fact, your tax basin in the Upper St. Johns would probably not.

pull through unless the legislature decided to pick them up and carry them on

their back.

ART MARSHALL :

Maybe out of all of it, the way I think about is, Senator, is that we all

know the well is drying up and the State is having losses in revenue. The fed-

eral government apparently is about to cut back on its income; individual citi-

zens are finding the sae thing and yet we are continuing to face the fires of
22.










Waccasassa Basin is scheduled to go with the Suwannee and we have Mr. Woodard

who is the Executive Director of that Suwannee District, and I'd like to hear

anything that he'd like to say at this moment.

JACK WOODARD:

Fortunately, we don't have the public works projects and what-have-you

in existence in the Suwannee. We can envision no particular financial problem

with this transfer. We've been in touch with Southwest and we envision no par-

ticular problem of magnitude involved with the Upper St. Johns and the Oklawaha.

Quite frankly, if the problems are resolved there, they will resolve themselves

in the Waccasassa Basin. We have the basin difficulty that Mr. Blain mentioned

and the preservation of the ad valorem taxing authority with the Southwest

District, should they transfer, that the suit in an attempt to resolve this

problem. If Southwest can be assured of their integrity, that transfer can

take place without any particular difficulties. As I say, Mr. Sanders, I don't

envision any problems of any magnitude in the Waccasassa Basin.

BOB VAUGHN:

Mr. Feaster, was the Waccasassa Area the area we discussed the hydrological

aspects of whether or not the lines split a watershed there?

DON FEASTER:

Something along that line. That's not exactly it, Mr. Vaughn, but I

believe that this has been in a Hydroscope or coming out. We're getting ready

to do some studies with the U.S. Geological Survey to determine how much water

can be taken to coastal springs from the Withlacoochee River and our staff has

been working on it. In this study, it has been determined that a major flow into

the Withlacoochee River's Rainbow Springs. this has always been known. But

the water coming out of Rainbow Springs, almost 70% of the flow of the.Withla-

coochee River which will remain in our district originates in this part of the

district, which will be transferred. This is a major concern to us. One of the
32.









BUDDY BLAIN:

Now, are they continuing to regulate, for instance, well drilling?

Is that a county activity still?

CHARLES SANDERS:

Yes,.

BUDDY BLAIN:

And that has not yet become one of your functions.

MARY KUMPE:

No..

BUDDY BLAIN:

So you've got county activities that are ultimately, I would assume,

would be taken over by this basin, or by the district and the basin becomes

a part of and there are some other activities. They've had some flood plain

studies that the Corps did in Manatee Co., for instance, that are very good.

So they've had activities in these two counties and they, I'm sure, are less

than enthusiastic about becoming a part of another district because they hydro-

logically are it's a fairly good unit, as it is today, and they look at it

with a certain amount of success and look at it and say why should we go any

further, we can do it right here at home.

MARY KUMPE:

I don't think that that is totally fair to say. I think that there are

many people who feel that we belong under Southwest.

BUDDY BLAIN:

Oh, I think so too, but I think that there is a logic to those who are

less than enthusiastic about change or apprehensive.

MARY KUMPE:

That is their argument, yes, for those who are apprehensive. But there

are many others who feel that we logically belong under Southwest.

BE0 VAUGHN:
42.











I think that's critical. I hope these two things don't become so intertwined

that we lose that larger picture because I think it's important to us now that

we've got the law in the book to go ahead and implement it, with the total

state's problems always as the overriding consideration. The small problems

of the subbasins being transferred they're problems and need solutions -

no questions about that but by the same token we need to move ahead in the

other counties of Florida where we haven't had experience and involvement

in the water resources area.

CHARLES SANDERS:

Mr. Pridgeon, do you have any comments?

JIM PRIDGEON:

I'm just listening.

DON FEASTER:

I think the problems have been thrown out real good this morning and as

I look at it all the solutions are going to take much longer than the couple

of months or so yet to work with. Where do we go from here? What more can

the water management districts be doing right now except carry out the intent

of the Legislature? What can we do?

CHARLES SANDERS:

You notice I'm not answering your questions.

BUDDY BLAIN:

Let me ask Colonel Lee a question. Colonel, we've got a law that's

going to transfer part of the district out on July 1, 1975; we've got an

agreement with you and we want to know how we get released under this agreement

on July 1 when we go ahead and transfer.

COLONEL LEE:

I didn't bring my counsel with me, but I think it is kind of a sticky

52.










it.

BOB VAUGHN:

Certainly the intent of our board and others is not to circumvent the legis-

lative intent, but I think, but that as you've used it, is to do it in a respon-

sible manner as you said.

Second Tape:

Now that money has to come from somewhere. The second thing that I have,

Charlie, is to Colonel Lee; you said that a local sponsor can be in a position to

make a cash contribution to hold the federal government harmless to operate and

maintain and enter in the relocation contracts and this type of thing. What

proof of a responsible nature are you going to require as a representative of

the federal government?

COLONEL LEE:

Well, in terms of financial responsibility, we want a financial statement

that we could analyze.

BOB VAUGHN:

I understand. So you get a financial statement of a water management dis-

trict and the new district, for instance, this time, if I understand correctly,

had a large sum of $500,000 for operating and setting up their new district and

regulatory authority. They had little or no funds for operating or contracting -

no allocations for construction. How are you going to look upon this what

are you going to use as a "yard stick" for judging? At what point are they

financially responsible to accept the responsibilities that you speak of?

COLONEL LEE:

I think, other than what I've mentioned here, a statement of financial

responsibility which you can tie to some figures; on the other factors-there,

I think it is a judgmental factor. These contracts that we enter into as a

local sponsor there, are going all the way until they're approved at the Secre-

12.










inflation, which I am totally satisfied are going to worsen not improve, and

perhaps out of this experience, we will have massive change in the way we're

doing things, and thinking about things. It's not something that I'm advocating,

I'm merely convinced that it is happening. I don't foresee much opportunity

in the long future for us to repeat the circumstance which puts us in the

strength that this one has. To put that in plain English, I don't think that

we're able to afford either financially or energetically, the construction and

operation. the kind of thing that is giving us problems now.

CHARLES SANDERS:

This is something that we have to face in the next few weeks; it is right

on us. Excuse me, Dennis, Mr. Vaughn was ahead of you.

BOB VAUGHN:

What occurred as I was listening to this, what I want to say to Representative

Craig. I realize that several years back, the date of July 1, 1975 was set as

legislative intent to change; what do you think the reaction would be to a re-

wording of that that might say that in essence that as the problems that we dis-

cussed this morning were solved and by mutual agreement transfer; the transfer

would then take place rather than having a rigid lop-off date-type thing. Once

you get an answer to the suit and once you've established financial responsibility

to the satisfaction of the Corps, that these things the intent that occurs.

I kind of question the necessity in a way, in viewing these problems, by saying

"Barn", you're going do it this date. I don't know what that accomplishes.

REPRESENTATIVE CRAIG:

Senator, let me say this. I'm not in mind to let the water management

districts determine when they are going to do it. To start with, however, I

might not have a lot of objections to extending the time another year.. I'm not

quite as pessimistic as you are, Dr. Marshall, but I think that if we put a lot

of time and effort and study into what you brought up and I realize that those

23.








major rivers of the district, again that will stay in the district. The actual

water that gets into that system from the part of the Waccasassa Basin that will

be transferred. So we.do have major concerns hydrologically.

CB3 VAUGHN:

In other words, they've got the source, we've got the problem.

DO. FEASTER:

That's right.

CHARLES SANDERS:

Mr. Woodard.

JACK WOODARD:

In addressing that particular question, we acknowledge underflow there,

and appreciate what we're getting out of the St. Johns, up at the other boundary.

Again, the Statute indicated basin divides on surface parameters and that was it.

We have not addressed seriously the groundwater underflow problem in the Withla-

coochee but we will admit that we contributed generously to Southwest.

BOB VAUGHN:

We've got some hydrological problems along with some legal problems and

Mr. Blain's financial problems. I'm just trying to get out to you so you can

see where things are.

JACK MALOY:

While Representative Craig is here, I thought I might take the opportunity

to make some clarifying remarks since myself and Don Morgan are probably the

only two people in the room who served on the panel that drafted the legislation.

And you've got to remember that when we were drafting this legislation, this was

part of the package which was pointed in the direction of giving Florida and a, .

leadership role in establishing a coordinated State-wide land and water use plan.

I:e did not pass the Water Resources Act of 1972 to determine who would cooperate

in a public works project. We passed the Water Resources Act of 1972 to give the

authority to the State to enter into the regulatory procedure to control the

destiny of its water resources. And secondly, to give the responsibility to
33.










Well, would you feel that this is a feeling of your Board or are you

prepared to say?

MARY KUMPE:

We have never voted on it, never had a general discussion. So all I can

say that it's my feeling that the majority of the Board would want to go under

Southwest, but there has never been anything; that is just knowing personalities

and individual feelings. That is not to say that there have been some very

vocal people against it, but I think that if we took a head count, we would

come out for it.

CHARLES SANDERS:

I think that's true. I know that Mr. Blain has given particular thought

to some suggestions ways we might move. I want to ask him if, he would, he

told me yesterday he wasn't going to tell me but I'm going to put him on the

spot and ask him. Of course, he said that jokingly.

BUDDY BLAIN:

To sit up here and talk glibly and as long as I go around in circles and

don't say anything specific, I'm doing my job; but now when I start committing

my Board, and Board members are staring me in the face across there.

MR. HILL:

One would like to say something.

BUDDY BLAIN:

Mr. Hill is a Board member of the Oklawaha Basin and has been very active

participant on our Governing Board.

MR. HILL:

We have an Oklawaha Basin Board which I am chairman of and I'm also a member

of Southwest Florida's Board. Colonel Lee and I have been working on projects

here together for a while my area is, I agree, it should be.in the St. Johns

Basin there is no doubt about it. Our only concern is that the transfer occur

at the proper time with the proper funding. Nobody in my basin that I know of is
43.










legal question because the project was authorized as a whole by Congress,

with your district set up as the sponsor; with part of it split off we're

looking for some local sponsor and without one forthcoming, I don't know what

the application will be.

BOB VAUGHN:

Colonel, are you saying that the changes sponsored would have to go back

to the Congress?

COLONEL LEE:

No.

BOB VAUGHN:

0. K. I didn't think so.

COLONEL LEE:

No, the legislation just says that local sponsors will do this and there's

no particular hang-up on having two local sponsors if the project breaks out

that way so.. that's no problem. It's having a local sponsor.

BOB VAUGHN:

I think there is one other thing, certainly our board within the constraints

of the law, be happy that the territory that's coming into our district,

if you all have any need for regulatory assistance, if we can help in any way:

in assessing any of the problems or questions that come up through our programs,

I'm sure Mr. Feaster can assist you. I know you're having certain demands

put on you for answers and whether or not we can dig up the hydrological data,

it might be a borderline thing whether in fact we're legal if we're digging up

data that's physically outside of the district. Certainly the intent of the law

is such that we would be in that and helped you with that data, we'd certainly

be glad at your request.

CHARLES SANDERS:

Mr. Marshall?
53.










tary of the Army's level. When we forward that contract up for finalization by

the Department of the Army, it must be accompanied by our, you might say, some

supporting judgment as the capability to enter into and fulfill the responsibili-

ties of the contract. It is a judgment of matter on our part and has to do with

what type of staff the water management districts have, or if they have-no par-

ticular in-house capability in terms of real estate, have they acquired from out-

side sources; do they have a legal staff in-house or have they acquired the

services of a legal counsel for the water management districts things of this

nature, Jim. Would you like to comment on that?

JIM GARLAND:

I think that also in this agreement you are talking about that has to go for-

ward, this is the 221 agreement. Now that agreement would detail your authoriza-

tions the acts that have been passed by Congress, the Laws. I think thatyou

have the basic act plus about fifteen different acts. We have used 20% as being

generally contribution. In most of those acts, there is some variation of that

percentage comes about 20%. That 221 would require that any new district should

have taxing authority; you must have the capability of raising funds. It's a

legal document. If ..

BOB VAUGHN:

Jim, let me interrupt here for just a second to see if I understand what you

are saying. You're saying that before you'd accept a new district, as a sponsor,

that they would have to have taxing authority?

JIM GARLAND:

You'd have to have some authority or some way of raising money.

BOB VAUGHN:

Other than being at the pleasure of the Legislature?

JIN GARLAND:

That's exactly right. What it really says is that 221 agreement and the

13.









people in the other two water management districts at the present time are

conscious of the fact that they don't want to lose what they've been doing and

I understand that. However, we did spend several years putting this thing to-

gether with a lot of you people who are sitting here today. We felt like we had

done a good job in setting up the five water management districts for the State

of Florida, which I personally believe we did. I probably consider going a little

bit further down the road before we say "Bar, you're going to do it this year",

but I say that when we do go down the road, that we say "Bam, you're going to

do it this particular year' and because you know, as I do, that there's never any

agreement on anything until the legislature decides that we are going to move in

that direction and among people in the field and I feel that we should speak to

that ourselves and not leave it to them. Of course, this suit you have in court

is something that's very interesting. I wasn't aware of that. A lot of things

sometimes that we do that we're not too happy with at the time that you do it,

Department of Pollution Control for one, I was very unhappy, and still am to some

extent; and yet, on the other hand, I think that they've done a terrific job in

solving a lot of problems, even though they created some. So I think that even

though the five water management districts are going to create some problems,

I think that the legislature in their wisdom, can hopefully solve them. make

another year down the turnpike. We don't have no crystal ball, I assure you of

that. to determine these answers that you mentioned earlied.

SENATOR LEWIS:

Don't admit that.

REPRESENTATIVE CRAIG:

I found out a long time ago, Senator, but I think in working with people, we

can solve our problems, and at the time that we passed the legislation, although

there was some feeling that maybe it wasn't the greatest in the world,'people

generally felt it was a pretty good piece of legislation; so I might not object

to going down the road another year or whatever we feel is reasonable, but I.

24.









the five water management districts, to do a coordinated water use plan for all

sixty-seven counties in the State of Florida. We recognized at the time we wrote

the legislation that there would be problems that would come up with the existing

regional water resources programs, that had existed in Florida since you name it,

1923. .. I suppose, when we had the hurricane on Lake Okeechobee; and they

always been approached on a regional basis as a reaction to some kind of a crisis.

And Florida Law, since the Everglades Drainage District went defunk in the 1920's

had looked to the federal government for help to solve its water resources prob-

lems. We didn't draft this bill not did the legislature pass it, to deal with

Central and Southern's projects or the projects of Southwest. So when we talk

about the inclusion of the sub-district clause in the legislature, that was simply

a recognition of the two existing special purpose taxing districts which we had

to recognize in this legislation and as to how they would be treated as we went

down the road. Now in the matter of sub-districts, our board recognizes that it

was potentially a way to effectuate an orderly transfer, held a hearing in

Brevard County, may be some two years ago to explore the possibility and probab-

ility and feasibility of having a referendum in that sub-district area which

was taken in to be transferred but it became immediately apparent to those in

attendance, since our special tax is a uniform tax throughout all of our eighteen

counties and based upon an assumed evaluation at this point in time of forty-two

million dollars, seventy-five to eighty percent of which comes from Dade, Broward,

and Palm Beach Counties, that those electors who live in Brevard County and had.1

been contributing tax revenues to our district for some twenty-five years would

be quite foolish to take upon themselves the entire burden to raise the taxes

to pay the local share of the required monies, when they had the opportunity to

use the potential of those urban counties to the south to help. And this project

has been developed on that kind of philosophy. It's been a uniform ad valorem

tax base over the entire eighteen counties so that although the people in Dade

Cc.inty pay forty-five percent of the total amount of monies which exceed three
34.









arguing at all that we should stay in Southwest. We'd be ready to transfer

tomorrow if the funding and if the new board was up to the old in regulation

and the ongoing projects we have going on. So when the time comes, I'll be

glad to give up my seat on the Southwest Board and get back to work. That's the

only thing I have.

BUDDY BLAIN:

The first thing that I think we should consider, the Constitution; but

once again, if the three basins, the new basins, their governing boards did not

support this, then there is very little chance that this also receiving any kind

of enthusiastic support from the other basins water management districts. I

think that that is an answer to one of our problems and, secondly, I recall the

tedious steps that were taken by Department of Natural Resources, and I think

that it was a tedious procedure, going around having hearings on drawing the

boundary lines and they had a series of five or six public hearings around the

State. They drew the boundary the lines, as best as could be done following

generally topographic lines surface and water divides, surface water divides,

and I think that we know a great deal more today than we did even that short

period ago, how the inter-relationship between your surface and ground water

and this may no longer be all that important surface areas can be altered and

changed more than the groundwater flows actually; and so I don't think that there

is anything sacred about the particular bounds that were drawn. They are good

boundaries, but they would be good if they were moved over here and there. I

think that we almost have got to have an extension of time for a transfer. If

the transfer is to take place, we simply have got to get a handle on the funding.

Last legislative session it was hoped that that would be done; at the last minute,

rather than a more precise formula, or treatment, there was a lump sum, one half

million dollars a piece, for each one of the big districts. This really didn't

answer any of the questions. If we can know that we have to rely on the State

for an equal share for each of the districts. Well, then, I'm sure that some
44.










ART MARSHALL:

No, we will, of course, discuss this at the next board meeting.

CHARLES SANDERS:

Representative Craig, do you have any words of wisdom?

REPRESENTATIVE CRAIG:

I've got no words of wisdom, but I did want to ask, the gentleman right

there, Jack Woodard, somebody mentioned the possibility of working out a problem

in yours where those two districts could work out. You mentioned in your state-

ment then somebody said, well, there's hydrological problems and some other problem,

but we can kick these around all day long. But is it a possibility, with you

people here sitting in the room, and I don't know who all of you are, as far as

those two districts are concerned, that we could tie in those two and then we

would speak to the fact that funding has solved the problem in the Upper St. Johns

and your area, and at the same time yours too, but start to implement, at least

get your program moving? Now, that might not be the way. It's just something

in my mind that came up when you made that statement. Could we really do that

and then speak .to the others and come to a funding program; that the main problem

is over here, it looks like to me. Probably, if we could get the other three

together and leave these two hanging fire, until we can speak to it, from an

ad valorem tax standpoint; I don't know how much money we're talking about,

half a million bucks. Maybe we'll get that much this time. Is that a possibility,

that's all I ask?

JACK WOODARD:

From the standpoint of the Suwannee Board, it is very definitely a possibility

for implementing this transfer. We can explore with the Department changes in

boundaries if need be, but I don't believe we're going to have a significant

problem with this.

54.










law passed by Congress is a legal document. If the federal government puts in

80% of the construction cost, and you decide you do not want to complete that

project, after you sign that "221" the federal government can complete those

projects and they could turn around take action against any sponsor who did not

elect to contribute those funds.

BOB VAUGHN:

So the person that you are contacting with, you're saying, must have taxing

power. Is that what you are trying to tell us?

JIM GARLAND:

I don't know how you'd be able to raise funds other than, say in the

legislature, without taxing authority. Unless you have some other way .

I don't know how you can do it. Both of the two sponsors we have on the flood

control projects. .. the 221's you have the authority to levy a millage, I think

you can .

ART MARSHALL:

We do have taxing authority.



We do.

BUDDY BLAIN:

Excuse me a minute, did you ask him if St. Johns has taxing power?

ART MARSHALL:

Only as a referendum.

BUDDY BLAIN:

Oh, with the referendum

BO3 VAUGHN:

Is St. Johns going into referendum?

ART MARSHALL:

No, not until we've seen the letter from the legislature


14.










don't think we'll go for the fact other than that when they say they're going.

to do it, they're going to do it. And then, if we have to have referendums to

tax the districts to do it, like the St. Johns area, I think that whatever we

decide to do from the legislative standpoint, then we can do it. If we must

make some change in the Constitutional amendment to solve your problem, in case

you get a bad answer on your program .I think that we should speak to it

to do that. I think that in years to come is what we are talking about with the

five water management districts.

BOB VAUGHN:

I don't see how anyone could disagree with that approach. I mean, I just

listening here, I see some problems just as you do, the Colonel raises

that Buddy Blain raises; one little experience I've had with the courts is a

suit filed earlier this month in getting an answer by the time ya'll are com-

pleting your section, I can see some real problems there. I can see problems

the Colonel has in looking at new districts, and having to recommend to the Sec-

retary of the Army that they are responsible to take over these at this time.

A year, two years, yeah, great, but that's a real problem, and I don't see the

answer.

ART MARSHALL:

One of the things that bothers me is, Representative Craig, and I cer-

tainly agree with what you said and I agree with the act, I helped rather

lengthily in preparation of that act, but I keep thinking that we have a

problem now financing, and that's essentially what it is, and if the fact,

there is a material delay of whatever length that may be, wouldn't the problem

be greater; now it is a half million a year; as more works are constructed, as

the Colonel says, it is incompleted affairs of no use to anyone and it may be

one million or five million or what it will be if the whole project .

DENNIS AUTH:

25.










hundred million dollars, to this point in time, over our twenty-five years of

existence, they have not particularly received forty-five percent of the total

benefits and it is not done on that basis. So our board, as a result and comments

of the hearings and comments received as a result of discussions of the hearing,

recognize that it was not in the people's interest in the area to hold a referen-

dum at this time. In addition to that, as we have gone down the road since the

Act has become law, and when the Department of Natural Resources made its recom-

mendations to the 1972 session, on boundaries, it was clearly spelled out at that

point in time that there were funding problems and that those funding problems

were not imaginary. I can recall discussions of this type before the 1973 session

and at that point in time, we took the position whether or not it is appropriate

remains to be seen, but it was apparent that the legislature would have to, in its

wisdom, make a determination as to how these funding problems could best be

handled. Quite frankly, we are still at that same point and I don't think that

it's a reticence on anyone's part to attempt to defer the orderly implementation

of the law and most of us who have been in the water resources business up until

the point where the law was passed were responsible for making these very recom-

mendations, that the logical way to plan (End of Tape). economics for

one. I think this is the point that we find ourselves in. I guess what makes this

so binding is that we are looking at a date that is just a few months away and

we've got a hell of a lot more questions than we've got answers for at this point

in time.

CHARLES SANDERS:

That's very true, Mr. Maloy. The gentleman back there; Would you identify

yourself?

TOM LAWTON:

I'm Tom Lawton from Brevard County. The legal question on the ad valorem

tax is, I gather, the main thing that's got us hung up and may defer for a

35









of the districts would be saying we don't want quite so much area for this

kind of responsibility. But the legislature in passing the law, and quite

frankly, there were many who did not think that it would pass, when we first

took that hill, but it is far more comprehensive than we hoped, but it is a

good law; its got its rough edges in financing that we simply haven't got -

we've got to answer those questions before we disrupt financing that has been

in existence for this period of time unless we're disrupting it and recognize

that we intend to disrupt it and I think that philosophically, the question

needs to be answered by the legislature they are the only ones who have the

prerogative, whether they want the Water Management Districts to continue to

have ad valorem taxes for one of their sources of funding or whether they don't.

If the transfer is to take place, as it is right now, as of July 1, I believe it

will effectively destroy the ad valorem taxing because it puts us in a very

inequitable position. For instance, what do we do after we gain Manatee and

Sarasota Counties? We obviously could not extend ad valorem taxes in these

areas unless they voted for it and if they voted against it, then we'd be in

State funds to take care of them and ad valorem tax funds to take of the re-

mainder. So then the next thing would be subject to a challenge to our ad

valorem taxing and someone would come in and get that knocked down or curtailed

so that we couldn't raise the volume of money that we could necessary to do

the studies and do the proper preparation of our share of the State Water Use

Plan, the regulatory activities. As far as the projects within the various

districts, and the Four River Basin Project, that is not as serious a concern

for us because we've been broked up in basins from the beginning. The legisla-

ture provided that we have different basins and we should tax at different rates

in those basins and we do in order to participate in the project as it benefits


a particular area. So that's not a bad problem as far as an equitable situation.

45.







BOB VAUGHN:

Representative Craig, I think to answer you though, we've got to get

another opinion, if I understood the lawsuit, Mr. Blain filed. It was a question

of whether or not this land left the district as well as if it came into a district;

if it affected the entire taxing authority of that district, and even though we

might transfer a little bit into the Suwannee or a little bit into the St. Johns,

the question before the court is still unanswered.

BUDDY BLAIN:

We think that we'll be successful in this suit, to say that it does not re-

constitute and we do have the authority.

REPRESENTATIVE CRAIG:

I think that I understand that.

JACK WOODARD:

That is particularly why I prefaced it from the Suwannee District's stand-

point. We appreciate their integrity problem.

REPRESENTATIVE CRAIG:

From a legislative standpoint I think that Buddy, what you're talking about

might be the wise move. It might be that we need to jog the other water manage-

ment districts into this taxing program, which they haven't seen fit to do as of

the present time, used to get into it too young and they'd not be ready, that from

a constitutional standpoint, have that set up so that it could be done and make it

so that they would know that it was available to them, and then people would be

voting on a constitutional amendment that spoke to water management; and they

know how crucial that is today in the State of Florida with our continued growth

naturally. Probably at that time, we could move on and get it done, hopefully.

I'm amiable to possibly going another year down the road 'til we get that done.

And then hopefully, until you can get that decision from the circuit court and

maybe we could have the three of them tied in and working in the meantime, and then

speak to that constitutional amendment in November. I'm not a lawyer, so I'm

probably saying things that are not true but from a layman point of view, maybe
55.










BOB VAUGHN:

Now this is what we understand. Everything is in the state of flux. Well,

I think that this is one problem you begin seeing the relationship with the

federal contracts. and secondly, the suit taxing problem that Buddy raises,

the third question I'd like to ask is "how many people would be involved, locked

under, people that now work in these areas, are there?" District employees?

ART MARSHALL:

Forty-two to forty-four in Central and Southern Florida Flood Control

District. I don't know what it is in your area.

BOB VAUGHN:

So we're talking about fifty people. Not a large number, but by the same

token, what has been done as far as these people's jobs, providing for their

wages, income, fringe benefits, etc., have any plans or discussions been made

along these lines?

ART MARSHALL:

Yes, in the last board meeting, the request is actually in Central and

Southern Florida Flood Control District. Mr. Jim Stokes down there brought

to our attention the questions that these employees very properly raised.

Questions such as: will they be retained on the payroll actually picked up

by St. Johns District; what would happen to pay scales; to situations of annual

and sick leave; insurance, if the transfer is effected? Our board acted on

this and advised both districts because we intend to aim to move in this matter,

Senator, at least, which have commonality, advised both of the districts to

inform the employees of these two areas. We acted on the assumption that a

transfer will in fact, take place, and that by whatever means, the legislature

or other sorts of funding, we will be able to do that, and obviously it is con-

tingent on this issue. but. ..

BOB VAUGHN:

But that you would take these people at their seniority level.
15.










Craig, I'm very pleased to say what you've just stated in your comments,

because I firmly believe in the Water Resources Act. I think that it is a

magnificent piece of legislation; I believe that it holds the only success for

water management approach, to be on the basin wide approach in the State of

Florida. I would like to point out that this piece of legislation was passed

in 1972; we are currently in 1974, and we still haven't gotten off the ground

in the three new water management districts. The original transfer date was

July 1, 1974, and we've already put off the decision to make the transfer a

year, giving the two previously existing water management districts another

twelve month period to respond to the very serious questions involved. And

I don't in any way mean to negate that. there are real problems involved,

but unfortunately, in Chapter 373, the legislature gave the responsibility for

moving the transfer forward to meet that date, primarily in the two existing

districts. They were given the impetus and the power to implement the transfer

and they chose not to do it and there are still serious resolutions of board

members themselves that the transfer is ever a responsible thing to do. For

that reason, I am primarily referring to fact that as I read 373, the primary

legislative intent to implement the transfer lay in the fact that the two pre-

viously existing districts would establish a sub-district one in the Upper

St. Johns associated with Central and Southern Florida Flood Control and another

district in the Oklawaha, associated with Southwest; and that a referendum would

then be held by the two previously existing districts in the sub-district to once

and for all determine that those sub-districts wish to continue to pay ad valorem

tax in support of these congressionally authorized projects. If those are the

areas that are benefiting from the work of those projects, 373 provides that ad

valorem taxes generated in those areas will pay for the 0 and M cost of the

projects. So if those eventualities had taken place between 1972 and 1974, we

:.;uld have had a resolution of that ad valorem tax issue. We would know right

nw that the Upper St. Johns will not support continuing to pay ad valorem taxes
26.










period of time, but could we not consider the thing in two parts one the 373

regulatory part, and make the transfer if we have to, because of the ad valorem

tax, of some 0. and M. requirements, why could not the 373 regulatory part be

transferred on data on that? Everybody stands at the same pot for this State

money which is going to run into 373. It's only those counties, those projects,

that have the Corps of Engineer Projects with continuing problems.

BUDDY BLAIN:

One of the problems is that, for instance, in our district, approximately

oh I'd say, less that 20% of our regulatory efforts is supported and funded

by the state. One year, the half million dollars which is not being cut and

sliced and chopped, and we're not sure what its going to be by the end of the

cutting time, but ad valorem taxes is paying the large share of our regulatory

activities in Southwest.

TOM LAWTON:

Maybe they couldn't transfer you but they could transfer the St. Johns

because of that one field station there that is 450,000 dollars a year, that

was designed for a major project and consequently it could be reduced signi-

ficantly. Now that could stay with the Flood Control District if they wish

it and get the St. Johns to take over the River under 373 management basis.

CHARLES SANDERS:

In response to your question,

BC3 GRAFTON:

Charlie, may I say something on that? It would not be feasible, I don't

think, in our estimation, to separate those activities, certainly not until you

determine what is going to happen with regard to the federal project. You

cannot have somebody making regulatory decisions about what you are doing with

water and somebody else trying to build the project to do something with water.


36.








We can continue to do that, but it's our overall district taxes that are

.03 of a mill that concerns us. I think that we need to extend the time. I

think that we need to get a better handle on the financing. I think that we

need to pursue the constitutional amendment if the other three governing boards

support it. If they don't, then I don't think has much chance of being successful.

I'm inclined to believe that there are enough people interested state-wide in

water management, and especially in areas where it is already being done, where

it would not be an increase to the taxes, so a constitutional amendment, could,

if properly approved, at least attempted, and eliminate that one problem as far

as a transfer is concerned.

CHARLES SANDERS:

Mr. Blain, let's say that the legislature did go for the ad valorem tax

for water management purposes state-wide, with a change in the constitution,

when would the earliest time this could be anticipated that this would go

before a vote?

BUDDY BLAIN:

Well, in November, well this then would be a decision of strategy, as to

when it would the possibility of a vote. But I would think that probably

November; that this would then be an appropriate time to have such a thing.

CHARLES SANDERS:

Mr. Grafton, do you have any comments or thought that you care to share

with us?

BOB GRAFTON:

No, I don't think that we've arrived very far in the basic reason that

we are here, and that is the federal aspect, at all, Charlie. I don't think our

year delay, unless the constitutional situation goes forward, will help at all

with the federal situation; and as Jack stated earlier, we want, when the St.

Johns is removed from our districts, we cannot have the responsibility (federal

responsibility) because we'd be unable to fund it with our ad valorem tax so

46.










we could look at it in that light. And then to look to you people from the two

water management districts that have been in existence to help the new ones get

going; and prod them along the line 'cause I know we've got a problem with ad

valorem taxes and I know it's got to be solved and I know the State probably

can't fund the whole five yards of the thing for the five districts. But we

can maybe get funding to them in lump sums of the same amount and I think that we

also in speaking of State funding and all five water management districts that the

need in the five water management districts might be different and so you would

be funding heavily in some water management districts and very lightly in others,

which seems to me would be an unfair situation to ask people to do that, state-

wide, even though, water is a statewide problem so it seems like to me that the

equitability in the thing really dissolves down to the fact that each water

management district have its own ad valorem tax structure to solve its own prob-

lems and work with the Corps and whatever part you play in the others. I know

you play a part in the others, too. Maybe it wouldn't be too much in the other,

but does that sound like a reasonable way to approach this thing?

BUDDY BLAIN:

I think it is the only thing that remains unless we take a very serious

chance jeopardizing what we have done so far.

REPRESENTATIVE CRAIG:

We don't want to jeopardize anybody's water management districts at all, but

we do want to move expeditiously and in the proper direction. Like the gentleman

over there said from Central and Southern, I agree with that; but I would like to

have, Mr. Chairman, from you, sent to my office, ideas that you folks will talk

about after I leave. I've gotta go back and meet with the Spanish Ambassador in

just a few minutes in St. Augustine. But I think it's good that we had the meeting.

It's brought to light a lot of the problems that I didn't know we had, other than

this ad valorem taxing problem. But I know the Legislature will look at it in
56.










ART MARSHALL:

Everyone of them. One of our board members and our director visited the

group at Upper St. Johns and had a lengthy discussion and it is our complete

understanding that we are dealing with difficult human questions and that these

people are genuinely and properly concerned; it is a very difficult time for

everyone and so we made it abundantly clear that if in fact that we are able to

affect this transfer, that each and everyone of them would be transferred; that

their salaries would remain at current levels and until such time that they are

either reclassified, because some of them, in the case of Central and Southern,

at least, are under the State classification system, and if they-come to St.

Johns, they will have to get under the State classification system and that,

all the the positions, classifications, salaries, etc., will be reviewed after

the original date of transfer within one year's time and any such adjustments

that would have to be made would, to make them in accord, in fact be made.

CHARLES SANDERS:

Mr. Marshall, may I ask you a question? Have you and your staff arrived

at what this dollar cost would be? That you would be assuming?

ART MARSHALL

The amount of money? I wanted to talk to the Colonel about this, Charles,

because I think that we are all very clearly aware that in our rather stringent

times, we're thinking about "bare bones" budgets and if we can't think of any

other matters, there's the matter of ad valorem taxation and rights that we

would have if we succeeded in an effective referendum vote. But no matter where

funds come from, it ultimately is coming from tax payers whether it comes

from general revenue or some ad valorem thing. Obviously, there is a large

question of equity. I have difficulty understanding of why people in one dis-

trict should be paying ad valorem taxes to maintain some project works; and

citizens in another community not have to. But that's not very proper. But

16.










for a St. Johns River Project built by the Corps. I really think that we'd be

an awful lot further. As it is now, we are letting two Congressionally authorized

projects, one in the Upper St. Johns River, that's been attempted to be built

for the last twenty-five years and it has been in limbo since 1973; really,

the construction, I guess, stopped in 1972. It's a $35,000,000 investment that's

maybe a tenth or twentieth built and only ten percent of what is built is functional

and we're letting those two authorized projects deny the citizens of these areas

the Water Resources Act which has a completely different function, to solve

problems. So I want to make that point that I agree completely with my chairman.

It's not going to be any easier next year to do this if we don't establish a

responsible course of action, and go ahead with it and get it done.

CHARLES SANDERS:

Mr. Auth, I want to say that you are completely out of order, but we're

not here to criticize what has been done, we are trying to find out what we can

do to move these things forward. So let's keep that in mind.

SENATOR LEWIS:

Mr. Chairman, will you excuse me? I have another meeting to attend. I'1l

ask John to stay here and finish up what is going. Gus, I'll be glad to meet

with you anytime on this very uncomplicated problem.

CHARLES SANDERS:

We appreciate your coming very much, Senator.

REPRESENTATIVE CRAIG:

Excuse'me, I'm concerned myself with what you said before I made my state-

ment about the additional costs in years to come; and I understand, Mr. Auth,

what you just said. Sometimes, I wonder why we came down to the point where we

are now when we weren't there last year or the year before; if you say that you

are sloughing off on somebody else, but that is normally the course for these

kind of things that take anyway. You get to the crisis point and you start to

rove. Until you get to that time, you lolly-dolly around and that's I guess,
27.









Now that I think... is very simply it.

CHARLES SANDERS:

Thank you Mr. Grafton, what I was fixing to say is that the law as it's

now stated, if I understand it correctly, we cannot do this thing; either it

moves in toto or it doesn't move at all.

TOM LAWTON:

373 gives you leeway to do anything you want to do if you really want to

get at it.

BUDDY BLAIN:

I would agree with Jim that 373 gives you a tremendous amount of leeway,

but funding is a terrible problem. And the 373 if you are going to continue

to rely on ad valorem taxes as a substantial source of your funding. If you

abandon that and say that you are going to have all the funds in the state or

all the funds provided by local government or wherever, then there is no longer

a problem. Also, if you pass the constitutional amendment, would authorize

a levy of ad valorem taxes statewide or within districts or basins that would

eliminate the problem as far as the transfer is concerned, from that standpoint,

but I'd certainly agree with Mr. Grafton, that we have been wearing two hats.

Southwest created a regulatory district plus its regular districts and we had

a separate agenda for each, and then we would merge and then we'd pass this

motion as a regulation as a regulatory authority and this motion as a water

management district because under the old Chapter 373 we had certain powers and

under Chapter 378 we had other powers and it is very difficult and sometimes

we passed authority the regulatory authority because under the new 373, we've

got a two year phase in period that we can't short-cut.

TOM LAWTON:

That's what I say, you may have to deal these things individually "different

because the St. Johns problem is different from yours. But he could make the

37.










that has to go hand in hand. There is a possibility that the State could

assume the local cooperation. I'm sure that the federal government would be

very happy to have the State do that. Now that's a possibility; and something

we discussed, but other than what Buddy has said, the problems are there the

one with the federal government. Of course, 373 addresses itself to many more

things than just the federal aspects of it that are important things and I don't

think that we ought to lose sight of those other important things. I don't

know if the other districts the three new districts, have progressed at all

in the regulatory activities. I don't know if St. Johns has done anything in

the regulatory activities; that is to adopt rules and really get into the business

in the part that they presently have in the Districts. So we've got to look at

all of these things.

ART MARSHALL:

I'd like to ask you one question, Bob, one thing you said pertains to .

a thought that has been in my mind since Jack mentioned about you hold and save

obligations that you have of insurance policies and so forth. This may be not

a large item, I don't know, but is it reasonable that. are you suggesting

that the State might consider funding the ongoing obligations; might they also

do that for the hold and save, the insurance and that sort of thing?

BB3 GRAFTON:

Oh, that's part of it. When you say "ongoing" federal obligations, that is

part of it.

ART MARSHALL:

So you are including that in the concept?

BOB GRAFTON:

Oh, it would have to be. It is only one concept as far as the federal gov-

ernment is concerned. You have to agree to the local cooperation specifics and

that's one of them.

ART MARSHALL:;
47.










wisdom of doing a better job for the people of the State of Florida. So, if

you can get those things, I think we'll be moving in the right direction. I'm

here to cooperate and not just say that we mandatorily do this on July 1; that

we're flexible and we want to look at in in the overall picture. So if you'll

give me that information .

BUDDY BLAIN:

At the time that each of these changes were made, some of these problems were

not fully recognized; but as we go into looking at all the constitutional transfer,

things keep popping up. Hopefully we've got them all identified.

BOB VAUGHN:

That is called hindsight. Twenty-twenty vision.

REPRESENTATIVE CRAIG:

I hate to excuse myself 'cause I have gotta go; I appreciate the invitation

to be with you certainly, let's move to solving our problems during this legisla-

tive session.

CHARLES SANDERS:

We really appreciate you taking your time. ..






















57.










ultimately, in trying to think this thing through, I think that the pot is not

full anymore (no pot is full anymore), and we have to think in terms of what I

call a "bare bones" budget and I was interested to hear your comments, Colonel,

about what the State obligation would be. I had been thinking of it in a very

different light, that the obligation, in terms of the contract "is one to oper-

ate and maintain", in other words, if we could in fact, operate and maintain the

works, we would be meeting the requirements of the federal government. I cer-

tainly hadn't thought of it in terms of whether we had a legal staff or whether

we have taxing authority or not. And so maybe I've been thinking of it in a

different light than is proper. That will certainly have to be checked up on

some more. But if we were in fact, responsible merely for operating and maintain-

ing the physical operation and maintenance of the works, then we get the immedi-

ate question, "what does the federal government consider as a minimum operation

and maintenance accomplishment in the bare bones budget"? That is one question.

Are we doing more now, for instance, is Central and Southern doing more than

the federal government would actually require to meet the minimum obligation for

operation and maintenance? The second question is, this may sound frivolous,

and I certainly don't intend it to be that way. I'm conscious of the funding

difficulties; what would happen if the State of Florida failed to operate and

maintain? Have there ever been any failures of record to your knowledge in the

United States, where in this State, or any other state, had an obligation to

operate and maintain an existing project in a joint session joint, state-

federal project and for financial reasons, failed to do so; what then would

happen?

COLONEL LEE:

On the first question, I think there, again, is not a great deal of flex-

ibility in regards to the contract requirements that we'd have to enter into

with the local sponsor. This is specified by law. Those points that I've

enumerated on, that provide land easements, and this sort of thing are specified
17.










that's the way government operates. But I'm willing to listen and I'm here to

learn and as most of you know, I'm pretty well dead set on trying to move this

thing. I made this statement several times, not only in Palatka, but the news-

paper and other places. But I'm not unreasonable and I want to hear the whole

story out and that's what we're here for and so with that few remarks that I

made, let's go ahead and just hear you fellows out and hear what you've got to

say and find out where we are.

CHARLES SANDERS:

Yes, Mr. Feaster.

DON FEASTER:

I've been coming along and trying to follow up on Dennis. I don't agree

completely with some the dates on that. As I recall, the Water Resources Act

was 1972; that did not fill any boundaries; it said new districts would be created.

We support and are in agreement with legislation. Department of Natural Resources

the same year, had hearings throughout the State. I have a copy of my state-

ment I presented, on the date of November 1, 1972, and it deals specifically

with the boundaries. I say in the statement and generally, we are agreeing

with the transfer, but no further consideration should be given to the transfer

until electors of the new districts show their interest by approving ad valorem

tax. Our point has been that the people in an area should show their interest

and support by being willing to put some money out of their pocket to match

the State and federal funds. But I don't feel that apparent three-year delay

is here, as Dennis presented it.

DENNIS AUTH:

How can we demonstrate an interest in an area that we don't control?

DON FEASTER:

We are talking about electors in a new district. The reaction that I had

the new districts aren't even to the point of considering supporting an ad valorem

tax, are the districts themselves.
28.










transfer under 373 on this basis, that I'm talking about.

BUDDY BLAIN:

If the Upper St. Johns had the facility for financing the activity of the

regulatory activity..

TOM LAWTON:

Well, of course, if we had that problem, none of us have a problem, but

v;e do and I still think that we could work something out with the Flood Control

District to retain it for that purpose and let him run his water management

service and whatever he does in 373.

BOB GRAFTON:

I think that that is highly impractical. You'd have to have the absolute

philosophical agreement in order to do that between the two districts, that is

the boards of the two districts; I think it would be the highly impractical

to try to separate the functions and transfer one part of it and not another -

take it all.

CHARLES SANDERS:

To further the discussion, there is more to this than has been brought out

at the moment. In that we have coming into the Central and Southern district

(South Florida Water Management District) come first of July, we have three

basins that have no means of financing today; we had an appropriation of this

year of 85,000 dollars to finance this sixth interim district. Coming into the

Southwest District we have the one Basin, Manasota Basin, which now their request

for funds for this next year is in the neighborhood of 100,000 dollars and they

have no means of financing other than from the general till -- general revenue.

So this thing doesn't stop just at the boundaries and transfer of the federal

projects involved here we also move into the other across this imaginary line

which we are pushing the funds for all the activities in there as opposed as

38.









Then if that occurred, you might abandon your insurance policies and

abandon your fund you have set aside?

BOB GRAFTON:

Make better use of it for something else, let's put it that way.

ART MARSHALL:

You wouldn't keep it for that purpose?

BOB GRAFTON: ..

No, well, yes, we would still retain the funds for the balance of our

district we still have that responsibility in the balance of our district.

The local cooperation. I wasn't intimating that the State would undertake

local cooperation in the balance of our district. I think the State would find

this a little bit unreasonable. But I was saying, for instance, the St. Johns

part of it.. .

JIM GARLAND:

I think that I would like to add something to that when you talk about

state. If you offered the State Legislature (although we think very highly

of the State Legislature) you have a law where you cannot commit an ongoing

government; that would not satisfy the federal government, so I think that in

keeping that in mind, it must be a body and I mean that Department of Natural

Resources probably should be a possibility, but I don't think that is should be

any state agency. You still have got to have something where you can get the

money. A

CHARLIE SANDERS:

We have our hand outs. (End of tape)

JIM GARLAND:

I have to say that this will have to be analyzed. We would certainly be

willing to take a look at that.

TOM LAWTON:

Could I ask Colonel Lee what is estimated to be the earliest the project
48.










in the authorization act for the project. And, in case of the Upper St. Johns,

there is a considerable investment in that project now; and it has been in1limbo

for some time now. We've gone through several alliterations of plans to see how

we can line that thing up to a usable facility to serve the public interest and

the State is agreeable to. As it stands now, the project, for all intents and

purposes, serves no one. Several million dollars of both State and federal money

is tied up there which does nothing for anyone. Now, I think in terms of the

Upper St. Johns, we have very little flexibility in entering into a contract

concerning a project which has never been finished. Would have to have a sponsor

who is capable of carrying out the specifics in here in the legislation creating

"it. In terms of your other question, of what has ever been done where a state

or local sponsor has not carried out their responsibilities; I can't give you

any specifics on that; I know of, in South Florida, there were some three canals

which were terminated at the request of the State some years ago and I guess

both federal and State government just backed off from that and there has been

no effort to recoup any federal funds for a federal project which has never been

carried to completion. I just can't give you an example where a federal gov-

ernment has moved against the local sponsor, in a case where they have defaulted

in a contract. I might say that this law that we've quoted here, this Section

221 of Public Law 91-611, is stronger. these binding contracts have not been

a factor in a lot of the old projects which have been going on for years and

years. It's only been recently that this has been enacted in the law where it

has been a requirement.

ART MARSHALL:

I certainly don't mean to imply that this is my immediate intention, make

that abundantly clear. As far as I'm personally concerned, I'm sure my board and,

I'm certain, the State of Florida feels the obligation very keenly. On the other



18.










BUDDY BLAIN:

What I think Mr. Feaster is saying is that Central and Southern is

raising seventeen million, we are raising eleven million regionally, for the

support of our districts; how in turn, do we say to our taxpayers that you should

pay your own burden? The State as a whole will pay for the other three'districts.

I think that this is another way of what Mr. Feaster is saying.

DE-NIS AUTH:

But that isn't true. You are selling a commodity, namely, the Four River

Basins Project.

CHARLES SANDERS:

Just a moment, please. We're trying to keep a record. I'm not being

short, but we're trying to keep a record and we can't do that unless we speak

one at a time. I recognize Mr. Blain, now.

BUDDY BLAIN:

Mr. Chairman, first, about a year ago, when we were discussing this problem,

and this was shortly after the new boards were appointed, and really, we've been

working on a crisis, no doubt about it, but there has been a continual crisis in

getting this law amended and trying to get it workable all the way through and

the new boards were not appointed until September, October, November 1, a little

over a year ago

CHARLES SANDERS:

November. .

BUDDY BLAIN:

So we've really come a long way and not without an awful lot of frustration,

a lot of education on the part of everybody. But we mentioned in January, about

a year ago, the thing that really frustrates this is that in 1968, when we revised

the Constitution, we prohibited the legislature from doing what it had in the

past with the two districts that were in existence. So we've got a philosophical

29.










to the other side of it, the people who are paying taxes out of their own

pockets for the same thing as their neighbors, who are being financed by

the state, so I want to get this into the picture now Mr. Vaughn..

BOB VAUGHN:

You've just brought in my picture I was just curious as to whether

Representative Craig might have had input from legislators from Manasota

and Sarasota. We get mixed commentary out of this area. As to their desire

to join the Southwest District or to remain semi-autonomous. I've heard all

the way from "to hell with 'em-we're not going to join 'em" to "yes, we should

join them" and how do you handle this type of problem?

REPRESENTATIVE CRAIG:

I think that before the election took place, generally, they were agreeable

to joining Southwest. As to what's going on now, I don't know.

BOB VAUGHN:

What was, yesterday, they had Manatee County before the County Commission,

I was told by an attorney last night coming up on a plane, they had some heated

words and indicated a strong desire to remain semi-autonomous. I don't think

that we can solve that problem.

REPRESENTATIVE CRAIG:

Solving the problem really boils down to this: someone has got to take the

bull by the horns to make the answer to this thing and that is just exactly

what we're going to do in the legislature. Now, I'm sitting here trying to '

work with you people, hopefully to solve a problem and I'm not interested in

some little delegation's problem with their county commission, particularly.

I'm interested in statewide problems which I've got to look at in the over-

all picture. Now just to background you a little bit, the whole thing started

with a resolution that I introduced in the Florida Legislature. That's how

come you have the laws you have right now under Dick Pettigrew who was
39.










in the Upper St. Johns would require additional 0. and M. or ad valorem funds

than we are now spending?

COLONEL LEE:

Well, there are 0. and M. funds being spent right now. For the time,

having developed some alternatives which were the subject of public hearings and

we're getting some input there, we have our engineering people back doing some

further alterations of planning there, trying to crank in some of these features

that were obviously desirable. I can't really give you; we have a certain

degree of flexibility in the way our money is appropriated by Congress since

it comes toward the Central and Southern Florida Flood Control District Project

which is as far as Congress is concerned, remains the same, whether it's put out

local sponsor-wise part between St. Johns and part between Central and Southern.

But we do have a certain degree of flexibility in that but not a great deal,

when you're talking substantial expenditure. If we could-get an acceptable

plan then we're into the budgeting process, so I would say that . it is a

subject of conjecture; I'd hate to give you a figure, but I'd say in a couple

of years, it'd be, perhaps, when we got an acceptable plan from everybody, say

it's conceivable, there's a lot of construction and come up with something that

would serve a purpose.

TOM LAWTON:

We really have then two years before Brevard County, and the others are

faced with an ad valorem tax greater than what the Flood Control is spending

now. I'm just trying to get time because that's what we've got to work against

to solve the ad valorem tax, that's the problem.

COLONEL LEE:

Well, my problem is, I think, is simply this: we need a local sponsor

on any federal project and if for one reason or the other the portion in the

49.










hand, when I read in the paper, where I did, that the largest city in the

United States is considering filing for bankruptcy, I think we'd better take a

little longer view than we've been doing. Perhaps, this is an extreme thing, but

I like to go out and explore for alternatives. I guess that I look for extreme

situations. Dennis do you have any comments?

DENNIS AUTH:

One question that I've wanted to ask Jack Maloy and the Colonel. How does

the actual liability assumption by the local sponsor take form? Is there a bond,

an insurance policy, involved to pledge this liability?

COLONEL LEE:

Yes, there is simply a contract and we brought along the contractual docu-

ments that we have in existence between the Central and Southern Florida Flood

Control District and Southwest Florida Water Management District, and if anyone

would like to look at them. .. It is specified in the responsibilities of the

local sponsor and any particulars inherent in the law rising on whatever is under

consideration and the contract is the document without any bonds or that sort of

thing required. Like I say, a good faith document. Again. .. I. when we

draw up a contract, and forward that to the Secretary of the Army for signature,

inherent in that is our recommendation to the Secretary of the Army that we have

assured ourselves that the local sponsor is capable of carrying out the require-

ments of the contract.

CHARLES SANDERS:

Just a moment, please. Mrs. Coleman, would you get us copies of all the

people here so we can get them copies?

SUE COLEMAN:

I have their names already.

CHARLES SANDERS:

Could we have copies to distribute to everyone?

19.










WATER MANAGEMENT DISTRICTS
CORPS OF ENGINEERS
DEPARTMENT OF NATURAL RESOURCES

PROPERTY TRANSFER MEETING
CROWN BLDG., TALLAHASSEE


January 22, 1975



HARMON SHIELDS:

. Mr. Lewis here, Chairman of Natural Resources in the Senate, and his staff,

Mr. DuBose and others. Thank you for coming. Senator, we are expecting Repre-

sentative Gus Craig, Chairman of Rules of the House Representative Craig will

be here shortly, but we'll go ahead and proceed with the meeting. I have to

apologize to you people for not being able to stay here with you. I have a summons

here from the Governor's Office to be there sharply at 9:30. (Come in, Art). We

are going to talk about collective bargaining among State Employees up there this

morning for about three hours and it's a very important meeting and it's something

I couldn't very well get out of. So, when I leave this morning, I'll ask the

Division Director, Mr. Charlie Sanders, to take chairmanship of the meeting. And

really, the purpose of the meeting here this morning is to find out the problems

that exist in the transfer of certain parts of these water management districts as

it related to the Corps of Engineers and the Federal Projects. But, first, let me

call on the Director of the Division, Charles Sanders, to bring us up to date with

the summary of the proceedings to this date.

CHARLES SANDERS:

Thank you, Mr. Chairman. The sequence of events that have occurred: the

Water Resources Act of 1972, directed the Department to come up with or recom-

n-end to the Legislature exact boundaries for dividing the State into fi-ve water

management districts by specific name. This was also to be done as nearly as





-. o.
r f .


practical on hydrologic divides, surface water divides. This was done. Then in

1973, the Legislature by Chapter 73-190, Laws of Florida, then set the boundaries

of these districts. With the exception of a 6th district and delaying the date of

implementation until July 1 of 1975. Within the 6th interim district there were

four basins set up in this. One, the Manasota, which is Sarasota and Manatee

Counties. Then there is a little area up between the two present districts, the

Central and Southern part of the Flood Control District and Southwest Florida

Water Management District, was set up as a basin. Then we had the Big Cypress

area, then we had the Keys, these are the four basins that are set up within this

interim district. We have reached, for the last year or more, after we had the

director appointed by the Governor, for the three new districts, we and they have

held with inter-agency or inter-district meetings to look at the problems we're

facing in the transfer of territory, in compliance with the law. .. what is in-

volved we.:have the upper St. Johns which is in Central and Southern Florida

Flood Control District, going to the St. Johns Water Management District. This is

a federally authorized project or part of federally authorized project. We have

the Oklawaha Basin, which is a part of the authorized project in the Four Rivers

Basin, going to the St. Johns. They are in the SWFWMD, now. What we feel that we

must resolve; what the requirements are from the federal people as the minimum

that must be met for guaranteeing the transfer of the territories, the functions,

the responsibilities, so that we can make some recommendations and know where we

are in making our recommendations to the Legislature for meeting the mandate Senator

that we are faced with. Now, we have involved in this financing, we have in both

of the older districts -- they have ad valorem taxing authority; the new districts

do not have that, and will not get that unless they go by referendum by the affected

people. We have maintenance operations that must be carried on, that must be funded

in the guarantee with the federal projects. These are just mentioning some of the



2.










problems that we are faced with, and hopefully this morning we can get these laid

out on the table. Col. Lee, could you give us exactly what we must have for your

guarantee to move forward with this activity. Mr. Shields, without question, I'm

going to rush at that point.

HARMON SHIELDS:

Alright, I am sorry I'm going to have to leave momentarily.

PHILIP LEWIS:

Mr. Shields, before you leave, one of the reasons I'm over here, I want to

hear about this because it obviously will probably come either through govern-

mental operations or Natural Resources, but I know that the FCD has adopted sets

of rules and regulations and on top of being the chairman of Natural Resources, I

am also chairman of the Administrative Procedures Act, that fine new piece of

legislation that everybody is so much in love with. As I understand it, you have

both set up rules and regulations; the other five districts have not, the other

three district have not as yet. One of the things that occurred to me is that,

and I wanted you to be here or I wouldn't have interrupted the meeting at this

point, I just want to make it clear what I hope you all will do. This should be

for the public's best interest: a commonality of rules; you shouldn't have five

separate sets of rules, when you go from one district to another, you can't under-

stand what one district is doing. Now, there are obviously going to be things,

local in nature, to a particular district, but rules of procedure, rules of oper-

ation, rules that are going to effect all the districts should have common ground.

I would suggest that the rest of the districts get those commonalities and the

other two districts that already have them get their common grounds as promptly

as possible. Because we want to look and see what you have done, this falls into

our chore and I don't want to have to see our staff look over five different sets

of rules and find that all five of them are different. Except in those areas that

are germane to a particular area and I want to make that abundantly clear. We'd

3.










like to see that done as promptly as possible. That's so much for the reading

of the Scripture.

HARMON W. SHIELDS:

You are so right.

BUDDY BLAIN:

Let me mention, though, Senator, that one of the problems is that SWFWMD

has had a regulatory authority since 1968 and C&S's development is much more

sophisticated as far as permits for use of works of the district that have not

been into the regulatory aspects of it. We have accumulated and taken a different

approach, so these rules have been developed at different speeds in a particular

area. I think that would give some distinction. Quite frankly, if the new dis-

tricts were to take our rules which we think are quite good, or C&S which we also

think are quite good, and adopt them per se, they wouldn't be applicable or they

wouldn't be able to enforce them because of the lack of basic data to even apply

the yardstick to them. I think there is going to be a period of time before you

can get this kind of uniformity, but certainly from a procedural standpoint, we

ought to try to merge these together. I think the point is well taken, but I

think as far as having uniform set statewide, we are a good long ways down the

road from having that. Unless, there is an awful lot more money coming for basic

studies and gearing up and technicians and so forth.

PHILIP LEWIS:

Well, I think that you better get at it. I think the point is, as I under-

stand it, the other new agencies haven't got any rules. And I think that it should

be for the public's best interest, commonly down the line. Obviously, there is

going to be some questions, for instance, in artesian wells, I don't know what

the differences would be, as germane to that local area. The basic ru-les of

function I think should be established. I think I feel that the biggest problem

is going to be between the two that are already established not the new ones. The
4.










new ones are going to reach up and grab some off the shelf, if they can, but you

ought to get at it.

HARMON SHIELDS:

Thank you Senator. Col. Lee?

COLONEL LEE:

Let me preface my remarks on the thing. We're aware of the, of all that is

being considered here in the transfer of these functions and let me preface my

remarks by saying that we have no position of this one way or the other. It is

strictly a state matter, other than the fact that we do look to having a local

sponsor capable of fulfilling the requirements that are imposed by various pieces

of legislation.

Specifically, those requirements are generally as follows: that the local

sponsor can contribute in cash an amount equal to a certain percentage of new

construction projects, that being specified by the Act which brought about the

project. In the Central and Southern project, this is 20%, in the Southwest Florida

Water Management District, projects, these projects are 17% local contribution. We

must have in hand the funds for the local sponsor before we can advertise a con-

tract, for example, in other words a yearly contributed share from a local sponsor.

So this translates into financial responsibility and financial capability. The

legislation requires that the local sponsor furnish to the federal government all

lands, easements and right-of-ways, incident to new construction projects, which

again translates into a capability for real estate, financial capability, a lot

of legal ramification there. The acts require that the local sponsor, furnish

assurances satisfactory to the Secretary to the Army that the local sponsor can

hold and save the federal government harmless or free from damages due to con-

struction and operation of the work. The other major responsibility is the abil-

ity to take over the works once constructed to operate and maintain them, operate

them in accordance with regulations approved by the Secretary of the Army. These
5.










are generally the responsibilities imposed on a local sponsor. Those responsibil-

ities are genesis in the law. There are other subsidiary pieces of legislation

that the local sponsor falls heir to; for example, there is a Public Law 91.646,

having to do with relocation of families from lands which are to be taken over for

federal projects. This falls to the local sponsor and there is some very strict

federal requirements on that. Public Law 91.611 requires, in Section 221, re-

quires that the local sponsor enter into a contract with the federal government.

So, the local sponsor has to have that authority to enter into a binding contract

with the federal government relative to the works to go forward. This, in a nut-

shell, really is the responsibilities of the local sponsor with regard to new

work taking over and operating those works that have been completed. Aside from

those, we do as a matter of course, in our experience with Central and Southern

Florida Flood Control District, and the Southwest Florida Water Management District,

those districts having been established for some years now, we do coordinate

closely with their staff of engineers and their environmental staff in developing

projects in our planning process and in the writing coordination of environmental

impact statements and the like. So, we do like to have a technical staff avail-

able with whom to consult concerning planning operation of the projects that are

under way. Very briefly, these are the responsibilities of the local sponsor;

virtually all of that is set in law and there is not a great deal of flexibility

to waiving these requirements. I think that about sums it up, Charlie.

CHARLES SANDERS:

Thank you, Colonel. I would like now to get a response from the two older

district where the territory is to move out of into the St. Johns, get their

response and then we'll hear from the Chairman or the Executive Director of the

St. Johns, so can get all of this out on the table before us if we can-and then

see if we can arrive somewhere down the line at some specific recommendations that

we might make.

6.









Jack, Mr. Maloy, the Executive Director of the Central and Southern Florida,

would you care to respond at this particular time? Or do you have someone that

you would have rather respond?

JACK MALOY:

Of course, our response Charlie, is naturally a concern and when the trans-

fer takes place, that the liability that presently rests with the taxpayers in our

district is properly assumed somewhere else. And we can't, at this point in time,

see any way that that can be properly assumed unless the legislature itself can

assume it. Because the new district is totally dependent on the legislature for

its payments and that's our only concern, the fact that once this area passed out-

side of our jurisdiction, that since we are presently a signatory in agreement

with the federal government to carry out those various things that Colonel Lee

has enunciated, that when this area is out of our district those liabilities be

properly assumed by the new entity. I assume that that is everybody's concern

in this entire thing. Other than that .that is our only general comment at

this time.

PHIL LEWIS:

Jack, would you answer a question, please? When the Central and Southern

Florida Flood Control District and/or Southwest Florida Water Management District,

both when they were established, did the legislature cough up any money? Or was

it all done by ad valorem taxes?

JACK MALOY:

No, it's all done by both districts are formed by special legislation,

which creates them as special taxing districts. And they each levy in ad valorem

tax in their area of jurisdiction to support their programs. Now, the legislature

did create a special account, the Water Resources Development Account, to pay for

such things as matching funds for construction and for the purchase of storage

lands. In addition to that, the legislature for some time, made monies available


7.










for highway relocation, but in recent years they have eliminated that from the

Water Resources Development Account which has caused some problems and they have

given that to the Department of Transportation that the operations and maintenance

responsibilities and the assumption of liability responsibility have been adminis-

tered through local tax collection; the matching funds for construction and the

purchase of water storage lands have been handled by the Water Resources Develop-

ment Account. Now there are some substantial additional right-of-way require-

ments that do not deal specifically with water storage or reservoir lands. Those

are also assumed by local taxing monies. And to give you some idea of the extent

of the monies that we are talking about, in our district, we are probably talking

about $17,000,000 in this fiscal year we are presently operating under which

has been raised by ad valorem taxes.

PHIL LEWIS:

Nice size neighborhood. But didn't the State come up with any seed money?

JACK MALOY:

No.

BUDDY BLAIN:

Southwest did not come up with any seed money other than .actually

they borrowed $75,000 which they repaid the first year that taxes were levied,

but this was organizational money that was needed at that time. This was in

1961. The current millage levy yields about $11,000,000 and we did a study re-

cently on what percentage of the total expenditures come from state, federal ari

local and this is, of course. we're on a seventeen percent match with the

federal government on the Four River Basins Project, but it worked out almost

equal thirds that the state put up on water storage lands, federal put up in con-

struction, and we put up in ad valorem taxes that we used for paying for the cost

of acquiring the land (administrative cost, regulatory and others). Our percentage

is going up now because we are more involved in regulatory activities which are

mandated by the 1972 Act. I might mention, and this is one concern of ours,
8.










and we've discussed this with most of the people here, is that in 1968, when the

Constitution was amended, it prohibited creation of other districts with the

same taxing authority that we were given when we were created, and that Central

and Southern was given, but there is a provision in the Constitution that pro-

tected those that were in existence when the Constitution was revised. "Our con-

cern is that if we are re-constituted, which the law says we will be, after

July 1, 1975, that this could in some way jeopardize our ad valorem taxing author-

igy. If it did it would mean that we would have to come to the state for the

entire $11,000,000 or else curtail the activities. One or the other, so we have

filed suit in Hernando County to test this, hoping that the court will render

declaratory judgement to do two things: one, to declare that this change of

boundaries does not re-constitute to such an extent that it terminated the old

district and created a new one and second, that it would in no way jeopardize

our ability to levy taxes both for basin and for district purposes which we

presently have. Then we did a study recently about trying to extract how much

tax revenue would be lost by the transfer, and of course when it is transferred, the

law provides that the taxing authority does not go with the transfer, currently,

based on our current year levy on the area that will be removed, we anticipate

$767,000 in revenue will no longer come in that will have to come form the state

if these activities are to be maintained in the areas that are transferred out.

There is a potential tax if the maximum millage were levied of a million-eight

from this area, and this is relatively a small percentage of our area. I suspect

that Central and Southern's revenue would be even created than that by quite some

amount because of the area being transferred is more extensive. But these are

large questions and another provision is that when our district was created, we

were given the responsibility for providing certain operations and maintenance

services from the district-wide tax of facilities that would be transferred and

that would be lost; that's not paid for entirely by this money. That's paid for

9.





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