Title: The Powers and Responsibilities of Florida's Water Management Districts
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 Material Information
Title: The Powers and Responsibilities of Florida's Water Management Districts
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Language: English
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Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: The Powers and Responsibilities of Florida's Water Management Districts
General Note: Box 7, Folder 3 ( Vail Conference 1988 - 1988 ), Item 15
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00000844
Volume ID: VID00001
Source Institution: Levin College of Law, 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





(Note: The following is adapted from material submitted by
Southwest Florida Water Management District to the Senate Natural
Resources Committee in response to an extensive questionnaire
relating to Sunset Review.)


The Powers and Responsibilities of
Florida's Water Management Districts


A. The Law

1. The specific statutory powers and responsibilities of
the water management governing boards include the
authority to:

a. Enter into contracts. Section 373.083, F.S.

b. Sue and be sued. Sections 373.083, 373.129 and
373.136, F.S.

c. Hire agents, employees, and a legal staff.
Sections 373.044, 373.079(4) and (5), and
373.083(1), F.S.

d. Adopt rules and issue orders to implement and
enforce Chapter 373, F.S. Sections 373.044,
373.083(2), 373.088, 373.113, 373.119, 373.129,
373.136, 373.171 and 373.603, F.S.

e. Plan, operate, own and maintain works of the
district. Sections 373.085 through 373.087,
373.139 and 373.614, F.S.

f. Acquire, lease, dispose of or otherwise control
real property. Sections 373.086, 373.089,
373.093, 373.096, 373.139 and 373.59, F.S.

g. Levy ad valorem taxes. Section 373.503, F.S.

h. Borrow money and issue general obligation bonds
and promissory notes therefore. Sections 373.506,
373.559 and 373.563, F.S.





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i. Issue revenue bonds and negotiable bond
anticipation notes. Section 373.584, F.S.

j. Implement a program for permits for the
consumptive use of water. Section 373.216, F.S.

k. Cooperate with local governments and regional
water supply authorities. Sections 373.175,
373.196, 373.1961, 373.1962 and 373.1963, F.S.

1. Require permits for construction involving
artificial recharge or the intentional
introduction of water into any underground
formation. Sections 373.106 (1) and (2), F.S.

m. Develop rules to issue general consumptive use and
surface water management permits. Section
373.118, F.S.

n. Regulate isolated wetlands including the
protection of threatened and endangered species.
Section 373.414, F.S.

o. Make surveys and investigations of the water
supply and resources, develop a groundwater basin
resource availability inventory, and designate
prime groundwater recharge areas. Sections
373.0395, 373.0397 and 373.083(3), F.S.

p. Take any act necessary to replenish the
groundwater. Sections 373.083(3) and 373.106(3),
F.S.

2. Pursuant to the authority contained within Chapter 373,
the Department of Environmental Regulation (DER)
promulgated Rule 17-101.040 F.A.C. delegating programs
and responsibilities to the District. DER delegated
powers and responsibilities to the water management
districts including the authority to:

a. Conduct or participate in laboratory research to
the extent necessary pursuant to Sections
373.026(1) through (5), and 373.026(6), F.S.

b. Designate saltwater barrier lines. Section
373.033, F.S.




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c. Establish minimum flows and levels of surface
water bodies. Section 373.053, F.S.

d. Execute interagency agreements. Section 373.046,
F.S.

e. Exercise the powers contained in Section
373.103(2) through (7), F.S., (including
cooperation with the government of the United
States) for flood management; the works of the
district program; funding of promotion,
advertisement and improvement of programs;
preparation of part of the state water use plan;
and additional general authority.

f. Create county water conservation programs.
Section 373.191, F.S.

g. Regulate water well construction. Sections
373.309, 373.313, 373.316 and 373.319, F.S.

h. Regulate water well contractor licensing. Section
373.323(6), F.S., Chapter 17-20, F.A.C.

i. Designate exemptions, fees and enforce water well
contractor, driller and water well regulations.
Sections 373.326, 373.329 and 373.333, F.S.

j. Regulate surface water permitting. Part IV,
Chapter 373, F.S.

k. Set construction standards for water wells.
Chapter 17-21, F.A.C.

1. Regulate stormwater discharge. Section 403.061,
F.S., Chapter 17-25, F.A.C.

3. Florida Constitutional provisions grant water
management districts the authority to:

a. Levy ad valorem taxes. Section 9(b), Article VII,
Florida Constitution.

b. Issue bonds. Section 10, Article VII, Florida
Constitution.





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4. The water management districts are affected by or
" mentioned in the following statutes:

Chapter 73, F.S., Eminent Domain

Chapter 74, F.S., Proceedings Supplemental to Eminent
Domain

Chapter 112, F.S., Public Officers and Employees

Chapter 119, F.S., Public Records

Chapter 120, F.S., Administrative Procedure Act

Chapter 186, F.S., State and Regional Planning

Chapter 187, F.S., State Comprehensive Plan

Chapter 189, F.S., Special Districts; Disclosure

Chapter 200, F.S., Taxation and Finance

Chapter 280, F.S., Security for Public Deposits

Chapter 286, F.S., Public Business including the
"Sunshine Law", Section 286.011, F.S.

SChapter 287, F.S., Procurement of Personal Property and
Services

Chapter 380, F.S., Land and Water Management

Chapter 403, F.S., Environmental Control

Section 201.15(4), F.S., allocating documentary stamp
tax funds to the water management lands trust fund.

Section 597.006, F.S., Agriculture Interagency
Coordinating Board

All pertinent federal and state employment laws.









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B. Legislative History


The predecessor to today water management act was created
in 1949 in Chapter 25209, 1949, Laws of Florida. It was
entitled the Flood Control Act. In the same year Chapter
25270, 1949, Laws of Florida, created the Central and
Southern Flood Control District. Chapter 25214, 1949, Laws
of Florida, set the boundaries for this district. In 1957
the Water Resource Act (Chapter 373) became law authorizing
creation of water regulatory districts. Southwest Florida
Water Management District was originally created by Chapter
61-691, Laws of Florida. It was given broader water
management authority, including flood control. Both
districts were headed by governing boards.

The water management district governing boards currently
authorized under Chapter 373, F.S., and created under
Chapter 72-299, Laws of Florida, were intended to be the
collegial bodies responsible for comprehensive water
resource management in Florida. The best background for the
statutory scheme that was envisioned by Chapter 72-299, Laws
of Florida, is contained in A Model Water Code by Frank E.
Maloney, Richard C. Ausness and J. Scott Morris, 1972,
University of Florida Press.

The major legislative actions that have had an effect on the
duties, purposes, or organization of the governing boards
include:

1973: Chapter 73-190, Laws of Florida, added sub-section
(7) to Section 373.103, F.S., to provide for development of
the applicable portion of the state water use plan by a
district that had been delegated that option by DER. It
also consolidated former Chapters 373 and 378, F.S., into
Chapter 373, F.S.

1974: Chapter 74-114, Laws of Florida, established the
authority for and powers of regional water supply
authorities.

1975: Chapter 75-245, Laws of Florida, mandated a
special election to be held for the approval or rejection by
the electors of a joint resolution amending Section 9,
Article VII of the Florida Constitution granting the water
management districts the authority to levy ad valorem taxes.
This amendment was passed in the special election in March
1976.



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1976: Chapter 76-243, Laws of Florida, created the
residency requirements of governing board members and
revised Section 373.073, F.S., to reflect the reduction of
then-existing districts from six to five by elimination of
the Ridge and Lower Gulf Coast Water Management District.
Much of that former district was absorbed by the Southwest
District. Additionally, the Oklawaha Basin was transferred
to the St. John's River District. The authority for and
requisite funding of West Coast Regional Water Supply
Authority by the Southwest District was included.

Chapter 76-243 also substantially revised Part II of Chapter
373, F.S., pre-empting any local government regulation of
the consumptive use of water including inter-county
transfers. Sections 9 and 10, Chapter 76-243, Laws of
Florida. The manner of taxation contained in Section
373.503, F.S., was amended authorizing and limiting the
collection, distribution, and use by the water management
districts of the ad valorem tax authorized by Section 9(b),
Article VII, of the Constitution of the State of Florida.

1981: In 1981, Chapter 81-33, Laws of Florida, was
passed by the Florida Legislature. By adding Section
373.59, F.S., and amending Chapter 200, F.S., the
legislation created the Water Management Lands Trust Fund to
be funded by the excise tax on instruments related to lands.
Sections 1 through 3, Chapter 81-33, Laws of Florida. The
trust fund was established to allow water management
districts to purchase property for water management, water
supply and the conservation and protection of water
resources. Section 3, Chapter 81-33, Laws of Florida.

1983: Chapter 83-310, Laws of Florida, affected the
governing boards by its requirements that the districts
adopt plans for plugging certain artesian wells and plug
those wells that were threatening public drinking supplies.
The Chapter also required that the DER by October 1, 1984,
delegate the administration of its stormwater rule to the
South and Southwest Districts. Authority was provided for
water well driller and equipment registration, and for
issuing water well contractor licenses under rules to be
delegated by the DER. Water management districts were given
immediate authority to regulate construction involving
underground formations until the authority was delegated by
the DER. Lastly, Section 373.114, F.S., providing for
review of the districts' rules and orders by the Land and



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Water Adjudicatory Commission and review of the district's
r' rules for consistency with the State Water Policy by the DER
was substantially reworded. See Sections 6, 7, 8, 68, 70,
71, 72, 76 and 77, Chapter 83-310, Laws of Florida.

1984: Under Section 1 of the Warren S. Henderson
Wetlands Protection Act, Chapter 84-79, Laws of Florida,
which created Section 403.913, F.S., the water management
districts were given exclusive authority to regulate
wetlands used for agricultural management systems.

1986: The Florida Legislature in Section 10, Chapter 86-
186, Laws of Florida, created Section 373.414, F.S., which
required water management districts that were delegated
stormwater regulation by the DER, by March 31, 1987, to
adopt a rule establishing permit criteria for the regulation
of isolated wetlands including the protection of threatened
and endangered species.

1987: The legislature passed the Surface Water
Improvement and Management Act (SWIM), Chapter 87-97, Laws
of Florida, under which the water management districts are
responsible for developing priorities, plans and programs
for restoring surface water bodies.


f C. Organization and Finance

In addition to the legislative policy statements contained
in Chapter 373, F.S., all of the governing boards have
adopted a statement of mission and goals.

The governing boards have a variety of more specific goals
within their rules, policies, minutes, permit conditions and
studies.

Members of the governing board are required to publicly
disclose their finances pursuant to Section 112.3145, F.S.
Members file their financial disclosure forms with their
respective county supervisor of elections.

The organizational or functional relationship between the
governing board and the DER has several facets. While the
governing board is an independent body charged with the
implementation of Chapter 373, F.S., the governing board
also works under the general supervisory authority of the



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DER. On the staff level there is a regular and frequent
exchange of information as well as joint effort on a number
of projects. Moreover, at least one DER staff member
usually attends all governing board meetings and a DER
employee is assigned permanently to the districts to deal
with stormwater regulation and other water quality issues.
Consequently, the governing board staff regularly
communicates with DER. Cooperation and coordination with
the DER is an ongoing activity.

If the governing board proposes legislation, the governing
board may work with the DER or contact the Governor and
Legislature directly. In addition, the board and the staff
always make themselves available to respond to the
information needs of the Governor, the legislators and their
staffs, as well as the DER.



D. Governing Board Representation

The establishment of water management districts provides an
opportunity to oversee the state's water resources on a
regional, hydrologic basis. Members of the governing board
are charged to preserve and protect water resources
throughout the districts and not to serve as a
representative for any locality or special interest. Thus,
the governing board benefits the public by virtue of its
varied composition. That is, board members come from a
variety of backgrounds, interests and occupations.
Additionally, Section 373.073, F.S., assures that district-
wide management of the resource is assured because three (3)
members of the governing board are appointed at large and
six (6) members are appointed based upon the sub-basins
hydrologicc areas) in which they reside. A diversely
comprised board governing the agency with a regional view
encourages involvement and participation with state and
local government to ensure that all areas and different
perspectives are involved in water resource issues,
including budget and taxation decisions.

A majority vote is required for board actions allowing for
differing viewpoints to be heard and considered in the
development of policy. A collegial body directing the
agency, whose members reside throughout the district, offers
the public immediate access to the policymakers of the
districts. Finally, all governing board meetings are



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subject to the "Sunshine Law", Section 286.011, F.S., so
That the public can always participate in policy
development.



E. Activities and Accomplishments

1. The governing board provides leadership and policy
direction over an extensive range of programs and
activities. The board's responsibilities include the
following:

a. Surface water regulation The governing board
regulates and issues permits for the management
and storage of surface waters pursuant to Part IV
of Chapter 373, F.S., and rules adopted
thereunder. The program has evolved from one of
impoundmemt and dam regulation to a program in
which almost all developments affecting surface
waters in the state, including wetlands, are
regulated. The governing board issues permits,
adopts rules, funds studies and research, provides
policy direction to the staff, conducts hearings
and proceedings, issues orders, enforces its rules
and orders, and establishes minimum flows and
levels for surface water bodies. As of July 1,
S1987, the Board became responsible for surface
water improvement and management under Chapter 87-
97, Laws of Florida, the so-called "SWIM"
legislation. In addition to its surface water
program, the District by delegation from the DER
has issued construction permits regulating the
quality of stormwater runoff since 1984.

b. Consumptive use permitting The governing board
requires permits for and otherwise regulates the
withdrawal or consumptive use of water excluding
domestic (household) use. The governing board
issues temporary, general and individual permits,
adopts rules, conducts hearings and proceedings,
provides policy direction to the staff, issues
orders, provides for research and evaluation,
enforces its rules and orders, and addresses
particular problems such as establishing areas
requiring particular attention (areas of special
concern).



9










c. Water well regulation -


(1) Well construction permitting The governing
board issues permits for the construction of
water wells larger than two inches in
diameter. The governing board has delegated
to its staff the authority to issue these
permits.

(2) Water well contractor and driller regulation
The districts regulate water well
contractors by requiring their licensure, and
regulates water well drillers and drilling
equipment by requiring the registration of
both drillers and their equipment.

This program is not as extensive in terms of
activities and staff members as consumptive
use and surface water management, but the
three programs together form the core of the
District's water resource regulatory scheme.

d. Staff and facilities management As an employer
and user of facilities throughout the state, the
governing boards address personnel issues
(benefits, salaries, staffing, etc.) and authorize
expenditures to maintain the proper operation of
the districts.

e. Local government assistance The districts
provide technical assistance and policy review to
local governments to support comprehensive
planning and development of water supplies.

Coordination with other agencies, particularly
local governments, is emphasized by the governing
boards.

f. Land acquisition and management -

(1) Save Our Rivers The districts acquire land
for water management, water supply and the
conservation and protection of water
resources with funds from the Water
Management Lands Trust Fund. A five-year
plan for acquisitions is developed and funds



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p.33









for particular purposes are requested from
the DER which manages the Water Management
Lands Trust Fund for all the water management
districts.

(2) Flood management lands The districts are
authorized by Section 373.086, F.S., to
acquire land for flood control by donation,
lease, purchase or condemnation. Ad valorem
taxes may be used for this purpose. A
millage amount may be set within a particular
basin to provide for the acquisition of
property which is used for flood management
for the benefit of the respective basin.

g. Water shortage planning The governing board
developed a water shortage plan, the different
phases of which may be enacted during a drought.
The plan applies to all users and represents a
significant investment of staff time to develop a
means to equitably limit water use when drought
conditions occur within the district.

h. Water conservation The districts have
historically made water conservation a priority
and implemented extensive water conservation
programs. The programs include public education,
financial grants, demonstration projects, funding
of studies and research, and developing
conservation conditions for consumptive use
permits.

i. Monitor well programs These programs provide
for the collection of data on groundwater. The
groundwater level and quality including salinity
is measured from wells located throughout the
districts. Data is collected and used in
planning, project development, permitting,
enforcement and water shortage prediction and
regulation.

j. Groundwater quality improvement programs The
programs provide for the slugging or sealing of
artesian wells which might otherwise allow water
of poor quality to enter drinking water supplies
or surface waters. These programs are mandated by
Section 8, Chapter 83-310, Laws of Florida.



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k. Aquatic weeds By agreement with the Department
of Natural Resources (DNR), the districts provide
for aquatic weed control in some of the rivers and
surface water bodies. The DNR provides funding
assistance for this activity.

1. Flood protection In conjunction with the
purchase of land for flood protection as noted
above, the districts construct and maintain those
works of the district authorized by Section
373.086, F.S., including canals, flow ways,
structures and other facilities developed for
flood protection and control. These programs are
the original responsibilities for.which the oldest
two districts were formed. Some of these
activities are cooperative undertakings with other
public entities. As the agency with primary flood
protection duties within the district, the
governing board is active in preventing flood
damage, the recent focus of which has been to use
nonstructural methods.

m. Mapping The districts conduct extensive aerial
and computer mapping systems for district use and
for the benefit of engineers, public agencies, and
the general public. In cooperation with other
agencies the districts have developed an extensive
database for floodplain management. Data is
collected for use in permit review, planning, rule
development and studies and research. Residents,
consultants and requested users throughout the
districts regularly request maps and data for
their use.

n. Minimum flows and levels Section 373.042, F.S.,
authorizes the districts to establish minimum
stream flows and water levels necessary to sustain
natural systems and protect water resources.
Research and public hearings are conducted to
establish minimum flows and levels for surface
waters throughout the districts.









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a.35-









F. Rules and Regulations


1. Chapter 373, F.S., gives the governing board rulemaking
authority. General rulemaking authority is contained
in Sections 373.044, 373.113, and 373.171, F.S. See
also Sections 373.088, 373.118(1), 373.149, and
373.216, F.S.

2. The chapter, subject and effective date of rules
adopted by the districts are listed below. All
references are to the Florida Administrative Code:


Chapter


Subject


Original Effective Date


Northwest Florida Water Management District


General and Procedural
Rules
Regulation of Consumptive
Uses of Water
Regulation of Wells
Management and Storage
of Surface Waters
Regulation of Artificial
Recharge Facilities
Works of the District
Water Management Lands
Trust Fund
Regulation of Agricultural
and Forestry Surface Water
Management Projects


3-31-80

10-01-82

4-14-80
4-14-80

4-14-80

4-14-80
4-12-83

10-01-84


Suwannee


River Water Management District


General and Procedural Rules
Permitting of Water Use
Permitting of Well
Construction
Surface Water Management
and the Works of the District
Permitting of Artificial
Recharge Projects
Water Management Lands
Acquisition Procedures


9-15-81
10-01-82
1-13-81

9-25-85

4-20-78

3-01-83


13





2.36


40A-1

40A-2

40A-3
40A-4

40A-5

40A-6
40A-9

40A-44


40B-1
40B-2
40B-3

40B-4

40B-5

40B-9










St. Johns River Water Management District


40C-1
40C-2

40C-3
40C-4

40C-5
40C-6
40C-9

40C-21
40C-40

40C-41

40C-42

40C-43


General and Procedural
Permitting of Consumptive
Uses of Water
Water Wells
Management and Storage of
Surface Waters
Artificial Recharge
Works of the District
Water Management Lands
Acquisition Procedures
The Water Shortage Plan
General Surface Water
Permits
Surface Water Management
Basin Criteria
Regulation of Stormwater
Discharge
General Silvicultural
Surface Water Management
Permits After Notice


Southwest


Florida Water Manaaement District


General
Procedural
Consumptive Use
of Water
Regulation of Wells
Management and Storage
of Surface Waters
Artificial Recharge
Works of the District
Water Levels and
Rates of Flow
Land Acquisition
General Water Use
Permits
Water Shortage Plan
General Surface Water
Management Permits


10-05-74
10-05-74


10-01-69

10-05-74
7-01-84
10-05-74

6-07-78
3-11-82

9-01-84
11-19-84

10-01-84


14





9.37


1-22-76
1-02-77

10-14-84
1-31-77

8-07-84
1-31-77
6-15-82

1-01-84
12-07-83

12-07-83

4-01-86

10-11-87


40D-0
40D-1
40D-2

40D-3
40D-4

40D-5
40D-6
40D-8

40D-9
40D-20

40D-21
40D-40


St. Johns


River Water Management District









Management District


40E-1 General and Procedural
40E-2 Consumptive Use
40E-3 Water Wells
40E-4 Surface Water Management
40E-5 Artificial Recharge
40E-6 Works or Land of the District
40E-7 Miscellaneous Provisions
40E-9 Real Property Acquisitions
and Disposal
40E-20 General Water Use Permits
40E-21 Water Shortage Plan
40E-22 Regional Water Shortage
Plans
40E-30 General Permits for
Water Wells
40E-40 General Surface Water
Management Permits
40E-41 Surface Water Management
Basin and Related Criteria

3. Other state agency rules that pertain to
management districts include:


Chapter


1S-1


Subject


Rulemaking


9-03-81
9-03-81
1-01-85
9-03-81
9-03-81
9-03-81
7-18-82
9-03-81

9-03-81
5-31-82
9-03-81

1-10-85

9-03-81

9-03-81


the water


Original
Effective Date


5-29-80


3A, 3C
3E & 3D
as applicable


17-3


17-21

17-25


Banking & Finance


State Water Quality
Standards


Prior to 1972


Well Construction Standards

Regulation of Stormwater


Discharge


17-40

27, 27E
&27F


State Water Policy

Executive Office
of the Governor


2-01-82

5-05-81

3-22-73


15






.39


South Florida Water










28 Model Rules of
Procedure 12-31-74

34 Florida Commission
on Ethics 4-11-76



G. DER Program Delegation

Programs delegated by the DER generally include consumptive
use permitting, regulation of water well construction, rules
for licensing water well contractors, management and storage
of surface waters, and stormwater permitting. Funding is
not provided from DER for any of these programs. It should
be noted that the districts also carry out certain DER-
related responsibilities including the ambient groundwater
monitoring programs, quality water improvement programs and
surface water improvement and management programs.
Complete funding is provided from the DER for these
programs, but not for others. Legislation passed in 1987
created the Surface Water Improvement and Management program
under which the districts, in cooperation with the DER will
develop priorities, plans and programs for the clean-up and
restoration of surface water bodies. A funding split
between the DER and the districts is contained within the
legislation. See Chapter 87-97, Laws of Florida.



H. Basin Boards

Historically, basin boards were legislatively mandated as
early as 1961. Chapter 61-691, Laws of Florida, created the
first basin water management boards within a district. The
legislation in created Southwest Florida Water Management
District and provided that:

"All of the area of the district shall be sub-
divided by governing boards of the district
into watershed basins to include each major
stream and its tributary streams and all lands
draining therein except the area known as Green
Swamp Watershed Basin."





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The duties of the basin water management district boards
were set out in Section 6, Chapter 61-691, Laws of Florida.

The water basins were dealt with again in Chapter 73-190,
Laws of Florida, which described the boundaries of Ridge
Basin, Big Cypress Basin, and the Keys Basin. This
legislation also specified the duties and responsibilities
of the basin boards during the interim period prior to July
1, 1975. Pursuant to Chapter 76-243, Laws of Florida,
Section 373.0693(1) F.S., granted water management districts
the authority to designate sub-basins within the district or
to change the boundaries of existing basins.

The current statutory powers of the basin boards are
contained in Section 373.0695, F.S., which states:

(1) The various boards shall be responsible for discharging
the following described functions in their respective
basins:

(a) The preparation of engineering plans for
development of the water resources of the basin
and the conduct of public hearings on such plans.

(b) The development and preparation of overall basin
plan of secondary water control facilities for the
guidance of sub-drainage districts and private
land owners in the development of their respective
systems of water control which will be connected
to the primary works of the basin to complement
the engineering plan of primary works for the
basin.

(c) The preparation of the annual budget for the basin
and the submission of such budget to the governing
board of the District for inclusion in the
District budget.

(d) The consideration and prior approval of final
construction plans of the District for works to be
constructed in the basin.

(e) The administration of the affairs of the basin.

(f) Planning for and, upon request by a county,
municipality, or regional water supply authority,
providing water supply and transmission facilities



17









for the purpose of assisting such counties,
municipalities, and regional water supply
authorities within or serving the basin.

(2) Basin board moneys shall be utilized for:

(a) Engineering studies of works of the basin.

(b) Payment for the preparation of final plans and
specifications for construction of basin works
executed by the District.

(c) Payment of costs of construction of works of the
basin executed by the District.

(d) Payment for maintenance and operation of basin
works as carried out by the District.

(e) Administrative and regulatory activities of the
basin.

(f) Payment for real property interests for works of
the basin.

(g) Payment of costs of road, bridge, railroad and
utilities modifications and changes resulting from
basin works.

(3) The works of the basin shall be those adopted by the
respective basin boards. Such works may be adopted
jointly with other basins and may be within or without
the area of the basin.

(4) In the exercise of the duties and powers granted
herein, the basin boards shall be subject to all the
limitations and restrictions imposed on the water
management districts in s. 373.1961.

The purpose of the early basin boards was to prepare
engineering plans for development of the water resources of
the basin and to provide for the establishment of secondary
flood control structures. Also, the basin boards were to
prepare emergency plans for development of water resources
within the basin. They also were to approve plans for works
of the district to be constructed within the basin.

Members of basin boards are required to publicly disclose



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their finances pursuant to Chapter 112, F.S. Members file
financial disclosure forms with their respective county
supervisor of elections.

Basin boards do not have specific rulemaking authority and
therefore none have been adopted.

The organizational or functional relationship between the
basin boards and the governing board is not clearly
addressed by statutes, but generally involves the chairman
ex-officio and staff members. Most basin boards meet
approximately once a month and staff schedules and attends
all meetings. Certain staff members whose responsibilities
involve basin projects and basin board administration
regularly work with basin board members.

A governing board member is chairman ex-officio on each
board. The chairman ex-officio serves as a liaison between
the basin board and the governing board. The governing
board's staff routinely schedule and attend the meetings of
each of the basin boards within the district. The basin
boards meet approximately once per month. Items of
particular interest are brought to basin boards by basin
board members, staff, or the public. Staff members and the
chairmen ex-officio report to the governing board on issues
within respective basins. Governing board and basin board
members periodically hold joint conferences at which items
of mutual interest are discussed.

Items of interest are placed on the agenda of basin board
meetings. Staff routinely takes land and flood protection
items to the meetings of the pertinent basin boards.

The basin boards manage those projects undertaken within
their basin for flood control or water management. The
oversee contracts for construction of facilities and for
evaluation of water resource problems within their basin.
Recommending the aerial mapping of portion of their
respective areas is another significant responsibility.

The basin boards and governing board both have proper
management of the water resources as their statutory charge
and most issues are cooperatively addressed.

Since the governing board is vested with the overall
regional authority for managing the district water
resources, the governing board has the authority to decrease



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or delete items proposed by the basin boards for their
budgets. This oversight and authority is necessary to
provide a consistent program throughout the entire district.

The process for resolving disputes between a basin board and
the governing board is inherent in having a chairman ex-
officio, a governing board member that is also a member of
the basin board, who can bring basin issues to governing
board meetings.

The basin boards benefit the district by providing an
additional means for local input into district activities
and a local forum for residents to address the problems and
projects of a basin. The local basin boards can provide
members of the public a more locally available means to
raise water management issues that may need to be addressed
by the governing board.

In addition, the basins provide for secondary flood control
works. To that end they provide financial assistance for
these projects.

Basin board members are available to advise the public about
the goals and procedures of the district and to generally
represent the water management district in their
communities. As local residents, they can be more easily
informed about the needs of their basin and address those
needs on behalf of the district, as well as disseminate
information to the public.



SD7EESC.DOC















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