January 24, 1983 (fK^ Y rv I )
TO: GOVERNING BOARD MEMBERS
FROM: L. M. BLAIN, General Counsel
RE: LAKE LEVEL RULE ADOPTION
Attached please find the following:
A. OUTLINE OF EXISTING PROCEDURES FOR LAKE LEVEL RULE ADOPTION
B. LAKE LEVELS PROJECT HISTORY
We are concerned about several existing.procedures. Please refer
to the numbered items in Attachment A. in considering the
Item 3.b. The Governing Board, any Board member or any person
designated by the Board may preside at a rulemaking
hearing but they should not be referred to as a
Item 4. Notices are sent by certified mail to all owners,
etc. If the Board desires, Notices could be sent
by regular mail to reduce costs.
Item 8. After the Public Hearing, the person designated by
the Board to preside should prepare a Summary of
that Hearing and recommendations for changes, if
any, rather than following the current practice of
preparing a Recommended Order.
Items 5. & 7. New Opening Statements for the Public Workshop and
the Public Hearing should be prepared to more
correctly follow prescribed procedures.
Item 3. In addition to preparing proposed levels, the staff
will prepare all required rulemaking materials prior
to requesting the Board to initiate rulemaking.
1. the text of the proposed rule
2. a detailed written statement justifying the proposed
3. a copy of the Economic Impact Statement required
4. a statement that no comparable Federal Standards
5. the Notice to'be published which will include pro-
posed times, dates and places for the Public
Workshop, the Public Hearing and the Governing Board
meeting at which the proposed rule will be
Please note that unless the Board makes other changes:
a. Public Workshops and Public Hearings will continue to be
held in connection with every lake level rule.
b. It will remain optional for Governing Board members to
attend Public Workshops.
c. The Board will be requested to designate a Board member
to preside over each Public Hearing at which lake levels
are to be considered.
January 24, 1983
TO: GOVERNING BOARD OF SWFWMD
FROM: L. M. BLAIN, General Counsel
RE: OUTLINE OF EXISTING PROCEDURES FOR LAKE LEVEL RULE
1. Staff completes a study and formulates tentative lake levels
based upon board direction established previously.
2. Staff advises the affected Basin Board that they are pre-
paring to hold a workshop and hearing for the purpose of
establishing levels for a lake or lakes in that basin. The
staff continues to keep the Basin Board advised.
3. Staff holds informal discussions with interested parties,
prepares proposed levels, then requests the Governing Board
a. initiate rulemaking on the proposed levels;
b. designate a Board member to serve as hearing
officer to preside at the lake level public
c. approve dates, times and places for a public
workshop and a public hearing.
4. Notices of the public workshops) and hearing, along with the
proposed levels are published in the Florida Administrative
Weekly. Notices are also sent by certified mail to all
owners of record, as listed on the latest tax rolls, owning
property on the lake or lakes involved. Notices are psted
around the lakes and notices of meetings are published in
5. The workshop ("gathering #1") is held. Sometimes a Governing
Board member attends. In most instances, the workshop is
conducted by staff members.
6. At the workshops, other informal meetings with groups
requesting such meetings may be arranged. If it becomes
apparent that more workshop time is needed, a workshop can be
recessed and reconvened at a later time (assuming space, time
and date availability).
7. The Public Hearing ("gathering #2") is then held with a
Governing Board member presiding as a Hearing Officer.
8. After the Public Hearing, the Hearing Officer prepares (or
has prepared) a Recommended Order for consideration by the
Governing Board. The Recommended Order contains Findings of
Fact, Conclusion of Law and a Recommended Order.
9. The Governing Board at a regular meeting ("gathering #3")
considers the Recommended Order and takes action. This
usually includes adopting a Final Order, setting forth levels
and adopting a rule amendment placing the adopted levels into
the District Rules.
LAKE LEVELS PROJECT HISTORY
SThe staff first began to work on setting lake levels back in late 1971,
I starting with Lake Tarpon. In June 1972, the Governing Board adopted
levels for Lake Tarpon after a public hearing in Tarpon Springs. An
initial survey of Northwest Hillsborough lakes was completed in October,
1973. That survey helped serve as a basis for the later investigations
| and setting of lake levels in the Northwest Hillsborough Basin.
The Governing Board has always maintained a close review of the lake
level project, and in March 1975, approved tentative level definitions
Sas a framework for the staff to use in setting levels. Again in April
1978, the Governing Board reviewed the staff's progress on the project
i and set priorities for the work--Hillsborough County Basin to be com-
| pleted first, followed by initiation of work in the Peace Basin. Staff
was directed to work on only those lakes (usually 20 acres or greater
in size and not wholly owned by one owner) that had control structures,
consumptive use permits, or special problems.
Since April 1977, the staff had been working on a rule for setting lake
levels to implement water management responsibilities delegated to the
District under Chapter 373, Florida Statutes; and in May 1978, the
Governing Board adopted Part 8 of the rules under which the setting of
lake levels is authorized.
To date, work has been completed in two of the District's ten basins and
is 60% complete in the third basin. It is estimated that regulatory
stages could be set on all lakes, 20 surface acres or greater in size,
within the District by mid-1987. After this point in time, regulatory
stages would be set only on lakes requiring them because of permit ap-
plications or special circumstances.
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