Title: Memorandum re: Meeting with DNR and Water Management Districts
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00052130/00001
 Material Information
Title: Memorandum re: Meeting with DNR and Water Management Districts
Alternate Title: Memorandum re: Meeting with DNR and Water Management Districts. Sept. 20, 1974, with letter from Central and Southern Florida Flood Control District concerning litigation and legislation attached
Physical Description: Book
Language: English
Publication Date: Sept. 20, 1974
Spatial Coverage: North America -- United States of America -- Florida
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052130
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text

Jack W. Pierce,
Page -2-
September 11, 1974

(3) Legislation authorizing acquisition of right to flood cer-
tain areas in Kissitiee River. This is a problem of FCD

'(4) Legislation authorizing acquisition of fee title in Conser-
vation Areas. This is a problem of FCD only.

'(5) Consideration of amendment to Power Plant Siting Act to make
it clear that permit is necessary under Chapter 373. This
needs some discussion.

.Ve truly yours,

Robert Grafton
District Counsel


cc: armon W. Shields
Executive Director, DNR
SL. M. Blain, Esq.

--- -

G. E. DAIL, Jr., Executive Directo

I I Telephone (305) 655-3411

IN REPLY REFER TO: 4-FCD-20 September 11, 1974

State of Florida
GOVERNING BOARD Department of Natural Resources
Crown Building
ROBERT L. CLARK, r. 202 Blount Street
chairman Tallahassee, Florida 32304
Fort Lauderdale
Attention: Jack W. Pierce,
Department Attorney
Vice Chairman Dear Jack: '
Boca Raton
In response to your letter of August 27, 1974, following are my thoughts:

Lake Harbor
(1) Determination of the effect on Central and Southern Florida
Flood Control District and Southwest Florida Water Manage-
ROBERT W.PADRICK ment District by transferring territory out of the Districts.
Fort Pierce Does this affect the taxing authority of the Districts?

Suggestion Bill for Declaratory Decree be filed.
Fort Lauderdale (2) Determination of the effect on Central and Southern Florida
Flood Control District and Southwest Florida Water Manage-
ment District by transferring new territory into the exist-
.L. PRATT ing Districts. Does this affect the taxing authority of the
Miami Districts, if the territory which comes in does not vote a
tax upon itself?

w.J. SCARBOROUGH Again, a Bill for Declaratory Decree would appear necessary.
Lake Placid
(3) Determination of how a referendum for ad valorem taxing is
held for the new territory coming in. Only in areas coming
f. R. SPRATT in or would it be necessary for the District as newly con-
LaBeetl stituted as a whole to vote? This is probably a part of A(2)

Trmm7i/e (1) Change in 373 to provide that present District boundary changes
mandated for July 1, 1975 be delayed until the changes can be
responsibly made.

(2) Legislation authorizing educational programs for District(s)
"employees. I ain preparing this.


Memorandum September 20, 1974
Donald R. Feaster Page Three

DNR feels it would be more uniform throughout the state if under the
District's jurisdiction and within the responsibility of the water manage-
ment districts and their territorial and jurisdictional powers of control
over the water resources of the state. It would appear that DNR will try
to get legislation placing it within the water management district duties.



________________________ _______ --A ______ :----------------------------- ^

Memorandum September 20, 1974
Donald R. Feaster Page Two

Again 373.106 covering deep injection well permitting raised its head. DNR
admitted it was ruled out of the Water Resources Act as such permitting
being under its jurisdiction. It would like the legislature to clarify the
"law to allow DNR to permit such work.

On general issues, discussion occurred on wht herj .t LejiqL..sature should
pass a law declaring the water management disteageis
Ths causes diverse opinions between the Northwest District and the Suwannee
District. I remained silent on the issue due to the recent decision of our
Governing Board to separate outside from the state on personnel matters.
O However, I believe the issue is ripe for a court determination, especially
because of the taxing problems arising with the implementation of the new
Districts in July 1975.

One further matter on legislation was the issue on Chapter 211, Part II,
allowing mining operations to obtain tax rebates for reclamation efforts.
This section allows operators who separate solid minerals from the land to
obtain tax rebates by commencing reclamation steps. The problem raised
concerns getting the operator to complete the reclamation once it is started.
It is proposed to coordinate the state law with federal laws to cover a
united effort to force the mining operators to reclaim the area after it
is mined.

As a result of the meeting, it was proposed to create District effort to
support said legislation. Also, it was proposed to create committees from
those in attendance to assist in implementing said legislation.

It was felt the meeting proved enlightening and beneficial to the writer.
I felt that DNR showed the areas it felt weak in its position on enforcing
parts of Chapter 373.

After the meeting adjourned, Charles Sanders and Jim Stidham advised me that
a request was sent to them to get approval from the Cabinet for the creation
of the Regional Water Authority. Both men felt the water authority was seek-
ing to become a smaller SWFWMD. Charlie told me of calls from Jake Varn
and William Duynslager asking how soon the matter could be submitted to
N. the cabinet. Charlie Sanders told them it would be in mid-October. It was
believed by both Charlie Sanders and Jim Stidham in spite of endorsement
v /. behind the Regional Water Authority creation, that the authority is trying
to encroach on the SWFWMD jurisdiction. Charlie Sanders appeared to the
writer to be seeking assistance in determining whether the water authority
\ as a water-use plan and has met the prerequisites under the statute to be
recognized by DNR. I requested a copy of the papers sent Charlie Sanders
n' by Jake Varn, but question whether it will be sent to me, although Charlie
advised it would be.

Finally, the question was asked whether the Districts would be interested
in handling the control of the coastal wetlands. DNR would like to get it
out of local county and city control because of the political ramifications.

________________ ______________


S September 20, 1974



RE: Meeting with DNR and Water Management Districts

As called for by memorandum of Charles Sanders, Director, Division of
Interior Resources, a meeting was held with the Water Management Districts
representatives. This writer indicated that you were out of town and could
not attend and the same for L. M. Blain.

The meeting was chaired by Don Duden, who opened with the reading of a
letter from Robert Grafton, attorney for Central and Southern Flood Control
District. A copy of this letter is enclosed for your edification. The
theme and purpose of the meeting was to consider proposed legislation for
the 1975 Legislature. It was noted that the Districts presented a question
as to how to overcome the tax problems in view that a referendum to obtain
tax powers seems unlikely. C&SFFCD proposes two suits, or one combined,
to be instituted seeking court declaration as to the ramification of whether
the taxing power ceases upon transferring areas to other Districts. This
I felt is answered in Chapter 373.503 in the affirmative. As to the areas
transferred into the existing two Districts not created by Chapter 373,
these areas have to approve taxation upon themselves before the districts
can finance the works and projects of the area. Again, Mr. Grafton seeks
court determination on this issue. Finally, the practical problems on how
to conduct a referendum for power to tax the people and whether it must be
"districtwide or just for the area coming into the District was raised, and
sought to be resolved through court determination.

As to other suggested proposed legislation, C&SFFCD seeks change in the
transfer date to their new districts until the practical and operational
problems are resolved; and a law to allow educational programs for its
personnel. Also, this District seeks laws to allow it to get flood ease-
ments for the Kissimmee River and to obtain fee title to land in conservation
areas. Another problem is to revise the Power Plant Siting Act to require
them to get permits under Chapter 373.

The next to raise some suggested legislation was Jim Stidham of DNR. The
changes here were to Chapter 373.026(7) concerning DNR's right to review
the District's rules and regulations. The Attorney General has told them
only a cabinet member can initiate a review of a rule adopted by a District;
and DNR under 373.0269(a) should cover all flood control projects and just
not affirm approval of U. S. Corps of Engineers projects. The Division
of IDt QILR U yO pp s.s all projects proposLcLby._.PDistrict for the
"ensuing year be on the Annual Cornte -ence eiAgenda for its approvalT7."
,._____________________.________________, ___________.---

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