Title: SWFWMD Minutes of Governing Board Meeting. "Discussion of 5-3-1 Rule Challenge. Feb. 24, 1988. 1p.
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Title: SWFWMD Minutes of Governing Board Meeting. "Discussion of 5-3-1 Rule Challenge. Feb. 24, 1988. 1p.
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Spatial Coverage: North America -- United States of America -- Florida
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Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Full Text

Minutes of the Meeting February 24, 1988
Governing Board Page 7


of raising the NWFWMD's taxing authority. Mr. Black said Ms. Hogan's comments
are well taken and also voiced support of a resolution. Ms. Bishopric said she
would also be in favor of supporting a resolution. Chairman Zagorac suggested,
rather than a resolution, the Board could pass a motion to encourage the
Legislature to support appropriate millage for the NWFWMD. Following
consideration, Mr. Black moved, seconded by Dr. Bramson, to support appropriate
water management district millages. Following further consideration, the
question was called and the motion carried with all members present voting in
favor with the exception of Mr. Harrell who voted against.

Other Activities

Joint Administrative Procedures Committee Mr. Kuhl said the Joint
Administrative Procedures Committee has expressed concern about three
Department of Environmental Regulation Rules including Surface Water
Improvement and Management rules, storm water delegation and state water
policy.

During further discussion of Legislative matters and in regard to
Sunset/Sundown, Mr. Bob Harris, attorney with Haben and Culpepper, said the
Senate Natural Resources Committee has a Proposed Committee Bill (PCB);
however, the House Natural Resources Committee has not yet submitted a PCB.
He noted for the Board's information that the Committees will meet again on
March 2 and 9, 1988, to consider Sunset/Sundown.

Hillsborough River Technical Advisory Committee Mr. Kuhl said staff
recommends Mr. Richard Owen replace Mr. Hubbell as the District's staff
representative on the Hillsborough River Technical Advisory Committee.
Following consideration, Mr. Harrell moved, seconded by Dr. Bramson, to
approve the staff recommendation. Motion carried unanimously.

Discussion of 5-3-1 Rule Challenge Mr. Kuhl informed the Board that a
rule challenge has been received from the West Coast Regional Water Supply
Authority (WCRWSA) in regard to Rule 40D-2.301, Florida Administrative Code
(5-3-1 rule). He noted that two of the WCRWSA's well field permits are now
being considered by the Division of Administrative Hearings (DOAH). With
the aid of an overhead projector, Mr. Richard McLean provided an
explanation of the 5-3-1 rule. He said, in regard to consumptive use
permits, withdrawals cannot exceed five feet of the potentiometric surface
at the applicant's property line, three feet of the water table at the
applicant's property line, and one foot of lakes, streams or water bodies
at the applicant's property line. He noted this has been in the District's
rules for over ten years. Mr. Kuhl said a hearing on the rule challenge
has been set at District headquarters for March 23 and 24, 1988. He said
preparation for the hearing will take extensive staff time and outside
legal counsel or assistance may be necessary. In response to Dr. Bramson's
question, Mr. Fernandez said, under Chapter 120, Florida Statutes, rule
challenges go directly to the DOAH. Mr. Harrell said this rule has been in
effect for many years and voiced his concern relative to the untimely
manner in which the rule has been challenged. The Governing Board members
generally agreed to direct staff to defend the rule challenge with vigor.

District Activities With the aid of an overhead projector, Mr. Kuhl
reviewed ongoing and future District activities. He said staff plans to
review these activities with the Board on a monthly basis.





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