TO: FILE POLK/WCRWSA
FROM: TEC4c C-
RE: SCHEDULE FOR DISPOSITION OF RULE CHALLENGE
DATE: APRIL 14, 1988
I spoke to Carlyn Harper at the Water Management District
headquarters Wednesday, April 13, 1988. I asked about the
schedule of events in the Rule Challenge (5-3-1 Rule).
She told me that the parties have been given until April 21, 1988
within which to file their proposed orders with the Hearing
Officer. The Hearing Officer then has 30 days thereafter within
which to render his own Final Order. The Hearing Officer's Order
will be binding unless an Appeal is lodged with the District
Court of Appeal within 30 days thereafter. So here is the
1. Parties submit Recommended Orders to the Hearing
Officer by April 21, 1988.
2. Hearing Officer renders final decision by May 21, 1988.
3. Deadline for filing appeal June 20, 1988.
I told Carlyn that we would be opposed to beginning the formal
hearing on the Cypress Creek/Cross Bar/Polk permits until the
decision of the Hearing Officer has become final, or the appeal
disposed of, if taken. She agrees with this and will support our
position on this type of a schedule.
In addition, she indicated to me that the District will be taking
action on the petition to initiate rule making at its next
regularly scheduled Board meeting. Presumably this meeting will
occur during the last week of April, 1988. If the Board decides
to initiate rule making to replace the 5-3-1 Rule, then Carlyn
suggested that it might be appropriate for the permit cases
(Cypress Creek/Cross Bar/Polk) to be postponed until the rule
making has become final.
I told her that this made sense to me, but that frankly we had
lost track of rule making proceedings, and are uncertain whether
we will even be involved in them.
cc. Mr. Freeman Polk