. GIBBONS, TUCKER, MCEWEN, SM COFER & TAUB
ATTORNEYS AND COUNSELLORS AT LAW
M. G. GIBBONS, 1862-1930
606 MADISON STREET. P.O. BOX. 1363 GUNrB GIBBONS, 1896.1970
JAMES M. MCEWEN, 1908.1976
TAMPA. FLORIDA 33601
L. M. BLAIX PHILIP R. LAZZARA
(813) 228-7841 JOSEPH B. COFER DAVID B. MCEWEHN
THOMAS E. CONE, JR. MALCOLM P. MICKLE, III
A. FLETCHER DTCHES E. BRADFORD MILLER
ARTHUR S. GIBBONS WILLIAM B. PLATT
March 23, 1977 MYREON GIBBONS ARMING H. SMTTH, JR.
ROBERT C. GIBBONS RICHARD No. STEI
SAM M. GIBBONS THEODORE C. TAUB
BRUCE S. GOLDSTBIN WM. BARLB TUCKER
JOHN A. GUTTON, JR. JACQUELINE B. WVHATLEB
VICTORIA L. HUNT ROBERT V. WILLIAMS
Mr. Derrill S. McAteer Ir REPlr REFER TO,
Southwest Florida Water
P. 0. Box 1072
Brooksville, Florida 33512
RE: Renumbering Water Management District Rules
This is in response to your request for an explanation
about the proposed renumbering of district rules from
Chapter 16J to Chapter 17J.
Actually, the entire subject is kind of silly. You will
recall that we have been trying to come up with
standardized rules since before we came under the
"umbrella" of DER. We have made some progress and have
come up with a uniform numbering system which will afford
easy cross-reference from one water management district
to the other. This will necessitate renumbering almost
every rule of each of the respective districts to make
the system compatible. Our board has been advised of
this on several occasions.
On several occasions, representatives from DER have
suggested that our rules be renumbered from Chapter 16 to
Chapter 17. Several of us have voiced the opinion that
we would prefer to keep the same chapter numbers presently
being used. On February 18, 1977 at a meeting on standardi-
zation of rules in Tallahassee the matter was again discussed,
and John Wheeler, representing South Florida Water Management
District, stated that he felt it would be better for each
water management district to have its own chapter if changes
are to be made, rather than going to Chapters 17G, 17H, 17I,
17J and 17K. (Chapter 16 is primarily assigned to DNR.
Chapter 17 is entirely devoted to DER.)
I supported John in his position and stated that SWFWMD
preferred to either remain designated as 16J or to be
GIBBONS. TUCKER. McEWEN. SMIT, COFER & TAUB CONTINUING OUR LETTER OF
H EET NO.
transferred to a new chapter entirely, separate and
apart from DER or any other state agency.
There was no consensus on the matter, but it resulted
in rather spirited discussion with DER representatives,
namely Rip Caleen, general counsel, and Chuck Littlejohn,
expressing strong feelings that the water management
districts'rules should be in Chapter 17 with DER rules
since DER "exercises general supervisory authority over
the water management districts and renumbering in this
manner would stress consolidated regulatory efforts."
During the discussion, I was challenged for having
expressed any opinion without having first obtained a
resolution from our governing board. Whereupon I
advised the group that I would present it to the governing
board in less than two weeks at the March 2, 1977 meeting,
and I felt sure that the board would support the position
that it would rather have water management district rules
under a separate heading than as part of Chapter 17 under
the DER heading.
John Wheeler also stated that he would take it before his
board, and I understood that the other districts would
take such action as they felt appropriate to firm up
their position, whatever it might be.
I heard nothing further on this until our governing board
meeting on March 2 when I presented the matter to the board.
At that time you stated that "we have to concur with
Mr. Blain's request because of the uniformity which we
could establish with the other water management districts
rather than just with DER." You further stated that unless
there is objection, we stick with our present 16J numbering
At this point you had to leave the meeting and while you
were going out of the room Banks Vest came to the rostrum
and stated that the letter has already gone to the Secretary
of State's office making the changes. He further stated
that he understood that you had had a conversation on the
matter with Secretary Landers as did the chairman of South
Florida Water Management District.
The following day at a meeting on another subject with
Rip Caleen and Chuck Littlejohn, I told them I thought it
was bad faith on their part to have proceeded in such a
summary fashion after having understood that I was going
to take the matter to our governing board within less than
GIBBONS. TUCKER. McEWEN. SMITH. COFER & TAUB CONTINUING OUR LETTER OF
I am still amazed at the speed with which this moved.
The discussion was held on Friday, February 18. The
letter from Landers to the Secretary of State, drafted
by Rip Caleen is dated February 24. The Water Resources
Conference at which this was mentioned to you by
Secretary Landers was held the preceding day on February 23.
The only thing that moved slow on this was the mail. The
February 24 letter was not received by SWFWMD until March 4.
I do not think this is worth making a big issue over.
However, it certainly would be nice to be able to put this
to rest once and for all. Originally, rules of SWFWMD
appeared in Chapter 357R-1 of the Florida Administrative
Code. Later this was changed to 16CB. Our well drilling
rules were then designated as 16CC of the Florida Administra-
tive Code. Later they were taken out of the code altogether
and then in 1974 were designated as 16J of the code. At
that time, we requested that the water management districts
be given a separate chapter which could be consider permanent.
The Department of Natural Resources preferred to have us
remain as part of their rules. As a result, there has been
a continual confusion as to whether the water management
rules are actually rules of the Department of Natural
Resources or water management districts. For example, look
at the attached xerox of a page from the current Florida
Administrative Code where Northwest Florida Water Management
District rules are identified as Chapter 16G-1 of the rules
of the Department of Natural Resources. Obviously, this
I believe this confusion would be perpetuated if our rules
were changed to 17J under the rules'of the Department of
Environmental Regulation. Therefore, I would strongly
recommend that we make an effort to have separate chapters
for each of the water management districts. If we fail on
this, then the next best thing would be to have a separate
chapter for all the water management districts using a
letter prefix similar to the way in which it is used today.
There is ample precedent for having separate chapters. The
regional planning agencies are all contained under Chapter 29
with separate letter suffixes A J, but this is completely
separate and apart from the Division of State Planning.
There is a separate chapter for regional transportation
authorities. Chapter 31 has been assigned for the rules of
the Loxahatchee River Environmental Control District.
Chapter 32 has been assigned to the Florida State Fair
Authority and I have heard no logical reason why separate
chapters should not be assigned to the respective water
GIBBONS, TUCKER, McEWEN. SMIT);, COFER & TAUB CONTINUING OUR LETTER OF
Maybe it would be a good idea to discuss this with all
parties at the DER Quarterly Meeting in Tallahassee
0 M. Bl n
t<'c: Mr. D. R. Feaster
,Supp. No. 67 GENERAL, ORGANIZATION AND PROCEDURE CHAPTER 1GG-1
0 DEPART ENT OF NATURAL RESOURCES
Va==--- --------_---- J
GENERAL ORGANIZATION AND PROCEI)URE
16G-1.01 General District hereinafter referred to as the "District" was
10-1.02 District Comoitionad cratce by Chapter 72-299, Laws of Florida, as a
S16G-1.03 The Governing Board public agency for carrying out and effectuating the
16G-1.04 General Description of District provisions of Chapter 373, Florida Statutes.
Organization and Operation (2) As used in this chapter:
16G-1.05 Exercise of Delegated Authority (a) "Department" means the department of
16G-1.06 General Information Concerning the natural resources or its successor agency or agencies.
District (b) "Division" means the division of interior
160-1.07 Statutory Chapters and Rules resources or its successor agency or agencies.
16G-1.08 Public Information and Inspection of (c) "Water management district" means any
Records flood control resource management, or water
160-1.09 Public Access to District Business management district operating under the authority of
16G-1.10 Notice of Meetings this chapter.
160-1.11. Agenda of Mleetings and Workshops (d) "Governing Board" means he governing
16G-1.12 Emergency Meetings board of the Northwest Florida Water Management
16G-1.13 Commencement of Rule Making District.
Proceeding (e) "Executive director" means the person
16G-1.14 Notice of Proceeding, and the Proposed employed by the governing board to direct the
Rules operations of the Northwest Florida Water
160-1.15 Content of Notice Management District, supervise staff and
160-1.16 Petitions to Initiate Rule Making administrative procedures and execute policies
Proceedings promulgated by the governing board.
16G-1.17 Board Action on Petitions to Initiate Rule (f) "Reasonable-beneficial use" means the use
SMaking ProcRed Iings of water in such quantity as is necessary for economic
S160-1.18 Rule Makin i Proceeding y earning and efficient utilization for a purpose and in a
1 6G1.19 Description of Publication by Reference manner ich is oth reasonable and consistent with
16 -1.20 E? mergencyi Rulc hearing the public interest.
16G-1.21 Declaratory Statements, General (g) P ers s
16G-1.22 Purpose and Use of Declaratory Statement naturalor iial, nling any indiial pr
16-1.2 Disions t inin stti association, organization, partnership, business trust,
16-1.2 corporation, company, the United States of America
n16-1 25 nerestso Ps and the state and all political subdivisions, regions,
Parties toProceedings districts, municiplaities, and public agencies thereof.
S160-1.2 AppCarances The' enumeration herein is not intended to be
.16G-1.27 Consolidation exclusive or exhaustive.
16G-1.28 Joinder of Parties
16G-1.29 Disqualification (h) "Substantially affected persons" means any
16G-1.30 Pre-hearing Conference and all persons, natural or artificial, including any
16G-1.31 Rule Proceedings Under S. 120.57, F.S. individual, firm, association, organization,
16G-1.32 Requests for Formal and Informal partnership, business, trust, corporation, company,
Proceedings the United States of America, and the state and all
16G-1.33 Amenclment of Petitions political subdivisions, regions, districts,
16G-1.34 Formal Proceedini municipalities, and public agencies thereof, which can
16G-1.35 Continuance of Hearing or Extension.of show that they are substantially affected by'the rules
Time and regulations, policies, actions and authority of the
160-1.36 Subpoenas district, the executive director and agents or staff
16G-1.37 Witness Fees thereof.
16G-1.38 Transcript of 'rocccding (i) "Domestic use" means any use of water for
" | 16G-1.39 Recommended Order and Report individual personal needs or for household purposes
16G-1.40 Informal Proceedings such as drinking, bathing, heating, cooking, or
S16G-1.4 1 Submission of Evidence sanitation.
1G6-1 .42 Final Orders (j) "Nonregulated use" means any use of water
S16(0-1.43 Licensing General which is exelimp)tLtd from regulation by the provisions
16G-1.44 Application for License of this chapter.
16G-1.45 Suspension, Revocation, Annulment or (k) "Water" or "'waters in the state" means any
Withdrawal and all water on or bencathl thel surface of thie around
i 16G-1.46 Emergency Action or in the atmoph\cre, including natural or artificial
i watercourses, lakes, Ioxnlds, or diffused surface wat'r
16G-1.01 General. and water percolating, standing, or flowing beneath
(1) The Northwest Florida Water Management the surface of tile ground, as well as all costal waters