Title: Drafts of Sections of Amended Laws including Letters and Handwritten Notes
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Permanent Link: http://ufdc.ufl.edu/WL00002759/00001
 Material Information
Title: Drafts of Sections of Amended Laws including Letters and Handwritten Notes
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Drafts of Sections of Amended Laws including Letters and Handwritten Notes
General Note: Box 11, Folder 1 ( Buddy Blain's Copy of Rules and Regulations (Vol II) - 1974 ), Item 3
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00002759
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




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( ) "Tributaries" means the contributing streams and other watercourses,

including brooks, rills and rivulets, ete upstream to the point

where water usually begins to flow in a regular chan ., with an

alveus, or b'd, and banks or sides, or to the point r0 e the lins

of ordinary -high water marks converge, whicheveretnds the farther

up-gradient.


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16 CB-3.13


16 CB-3.13 Exemption.--No provision of these rules and

regulations shall apply to individual users of water for

domestic supply (er-erdinary-livesteek-eensumpfien); provided,

however, the owner of any water well, or proposed water well

exempt herein, shall obtain a Permit of Exemption prior to

drilling.


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Page 40,

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sha3l not be for the sole or predoninant purpose of

Aiepounding or obstructing surface waters or changing the water level.

(3) nothing in this part shall be construed to be applicable


to construction, operation, maintenance, 3r abandonment of any
closed
system as defined in Regulation 16CA-0.05.. Ezwemer, Pairt


*.4.-


.C shall be applicable


to the taking and discharging of
*+


. water for filling, replenishing, .and maintaining the iater


level in any such closed system.

General Authority

ha pter 72-299,
Lavs of Florida,
as amended.


-Law I=le=ented

.Chapter 72-299,
.iws of Floridas
Par r 2
(373.40S)


.16CA-4.03 Permits for Construction or Alteration

(1) Unless expressly exempted by law:

(a) no person shall, without a permit from the Governing
Board of the District, construct or alter any dam,
impoundment, reservoir or appurtenant works thereof
where such impoundment is located ona surface water-
'course or relies on a surface watercourse for its
supply or such impoundment is greater than 320 acres
in area.

S (b) no person shall construct or alter any works within
the District without having obtained a permit from
the Governing Board in any case in which such works
are located within an area in which the District by
rule or regulation requires permits fo,rconstruction
or alteration of works."


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JOINT WATER RESOURCES COMMITTEE


American Water Works Association
(Florida Section)


Florida Pollution Control
Association


* 9* -.,


August 21, 1974



Board of Governors
Southwest Florida Water Management District
P. 0. Box 457
Brooksville, FL

Attention: Mr. Derrill McAteer

Gentlemen:

The Joint Water Resources Committee of the American Water Works Association
(Florida Section) and the Florida Pollution Control Association actively
supports measures to promote high standards of water quality and provide
for good management and conservation of Florida's water resources. We
wish to congratulate the Southwest Florida Water Management District on
its significant achievements in these areas and, in particular, its current
plans to develop rules and regulations to guide future development of our
water resources.


4












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X( '~Les t wA' /Z*rrrq A'b


We have reviewed the second published draft of these proposed rules and
Regulations and have prepared some comments which may assist you in the
preparation of the final draft. The comments are in a format suitable for
: consideration of individual paragraphs and are attached to this letter.

For your information, the Florida Section of the American Water Works
Association comprises approximately 1000 members, including water utility
managers and operators; state and local governmental agencies; industries;
universities; and consulting engineers.. The Florida Pollution Control
Association also comprises approximately 1000 members including wastewater
utilities, governmental agencies, industries, universities, and consulting
engineers. A common goal of these two organizations is to promote good.
management and conservation of Florida's water resources.

We will be happy to discuss these comments with you in greater detail -and
to assist you further with the development of these rules and rgulations.

Very truly yours,



R. David G. Pyne, P.E. T -
Chairman

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16CB 0-15


(1)' In establishing minimum flows and levels. and regulatory levels

the Board shall use the best information and method available to protect

the water resources and ecology of the area from significant harm and

will consider the protection of existing as well as future consumptive

uses of water so as to promote the conservation, development and proper

utilization of water while preventing damage from floods, soil erosion and

excessive drainage. Etc.


Discussion

The addition is suggested to confirm that the underlying intent of

subsequent numerical definitions of "minimum flows and levels" is to

meet the original definition of these terms Without this addition it

would be easy to overlook this fact, given the subsequent utilization of

these terms in the rules.







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S16CB 0. 15


(6) The regulatory level shall be considered the annual average level

of the potentiometric surface, as measured by averaging the high and

low levels during the last five days of each month during the calendar

year. Declines in the potentiometric surface below the regulatory level

shall be permitted during the year, subject to criteria that may be

determined by the Board to prevent harm to the water resources or

ecology of the area.


Discussion



SThis suggestion was discussed at the August 14 hearing and received

much support, but was not passed due to a possible misunderstanding

of the intent of the terms "minimum level" and "regulatory level".

We suggest that this addition will alleviate numerous management

difficulties potentially resulting from short term interference between

irrigation or private wells adjacent to well fields and the regulatory wells.

It will also provide some flexibility in well field operation without com-

promising water resources or ecology objectives.


.









16CB 1.051


(1) Unless expressly exempted a permit shall be required to c~nn&Gt

toe, withdraw-wa-te r-fromrr -diischar-ge-water-into, place construction

within or across, or otherwise make use of a work of the District or

to remove any facility or otherwise terminate such activity.


Discussion

As defined in paragraph 16CB 1. 03, works of the District include

virtually all surface waters within the District boundaries. Permits

are already required for withdrawals in this area, as defined in Section

2 of the proposed rules.

Regarding discharge permits, such a procedure would be a massive

undertaking. In our opinion it may only be useful in those areas where

a continuing potential for water shortage exists, since in these areas

it would facilitate evaluation of the distribution of water and the degree of

multiple reuse. In other areas the data generated would tend to be academic.

When this information is desirable, it can be obtained from an existing

permit system by the Department of Pollution Control, which requires

estimation of discharge flow rates for virtually all discharges of significance

in the state.







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16CB 1. 06 (4)


(fy Will cause the water table to be altered s.tha -v-egetation-will

be-adver-sely affected-on causing changes in the vegetation that adversely

affect the use or aesthetic value of lands other than those owned, leased

or otherwise legally controlled by the applicant.


Discussion

The intent of this suggestion is to acknowledge that any change in

the ecosystem is not automatically adverse. In some relatively remote

areas a plant succession from one type of vegetation to another due to

lowered water table may be advantageous in order to recover a portion

of water losses due to evapotranspiration. Such changes become adverse

when they affect utilization of the property or reduce its aesthetic appeal

to an extent inconsistent with the public interest, or the owner's interest.








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S16CB- 2. 11 (5)


I (e) If the withdrawal of water by the applicant will cause the potentio-

Smetric surface to be lowered to sea level or below in coastal areas

considered potential areas for adverse effects due to salt water intrusion.


Discussion

In some parts of the District, lowering of the potentiometric surface

to below sea level may be hydrologically sound and consistent with the

public interest. For inland areas, some level other than sea level

may be critical, and is provided for according to that portion of the

"regulatory level" definition in paragraph 16CB 0.15 (5) that says

CJ "unless otherwise deemed appropriate by the Board".




i i; _1


16CB 2.11


(9) The Board will accept pertinent economic information supplied

by the permitee and will consider such information in order to assist in

providing for a water resources management decision that is consistent

with the public interest.


Discussion

Any.mention of economic criteria is conspicuously absent in the

proposed rules and regulations. It is accepted that the cost of obtaining

water supplies will rise in response to measures designed to protect

this resource, and we concur with the need for such measures. It is

suggested, however, that in the evaluation of a range of acceptable

solutions to any particular water supply problem, the Board as a state

agency, needs to consider economic factors in its evaluation in order

to be consistent with the public interest. The latter is served by

conservation of public funds as well as water.


*


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General Discussion


(1) At the August 14 hearing, it was agreed that the inside diameter

of a well should be defined according to the diameter of the borehole,

with the concern that an under-reamed hole could produce more water.

While this is true, we suggest that the opposite is also true. A reduced

diameter borehole may be utilized in a highly productive area to save

drilling costs. The important criterion is the casing inside diameter

since it will tend to define pump capacity by limiting the size of pump

bowls, which are set inside the casing.


(2) At the August 14 hearing the point was made that any suggestions

that the water crop concept not be included as a criterion for water

. management, should be accompanied by a recommended better approach

to the problem. In our opinion, the water crop concept is inadequate

as a tool for allocation of water rights in small areas, although it is

a reasonable rule-of-thumb approach for very large areas such as

several counties. Admittedly, it provides a method of allocating water

that appears logical, however.the resulting allocation will become rapidly

inequitable as competing demand for consumptive use permits approaches

available supply. The stipulation that "the intended use will not interfere

with any legal use of water existing at the time of the application" (16CB -

2. 11 (1) ), will preclude proposed uses of water that are more clearly

in the public interest than existing uses. In our opinion, one function

of the Water Management District should be to approve or disapprove




II* I




General Discussion Continued


competing applications for limited available supplies that may have already'

been permitted, based upon the public interest, and provide for compensa-

tion to the losing applicant, either in terms of water from the approved

applicant or some other form of compensation. A listing of water use

priorities and periodic review of these priorities, would be the cornerstone

of such a water management system.

We believe that the proposed rules and regulations in their present

form, could be readily modified to this approach by eliminating 16CB- 2.11 (c).

Following adoption of the rules, a priority schedule and procedure would

be developed as soon as possible and amended to the rules.

We recognize the complex legal ramifications inherent in matters

such as these, however this suggestion is offered as a possible way of

circumventing the substantial problem posed by 16CB 2.11 (c). This

solution would recognize water right s associated with property ownership

and yet provide what is effectively a condemnation procedure to promote

equitable allocation of available water consistent with the public interest.

It is suggested that legislation supporting such a priority allocation

system may strengthen the authority of the Board in handling such matters.













16 CB-0.12 Change "Land" to "Facility"

(1) All permits issued pursuant to these rules are contingent upon
continue'' ownership lease or control of the withdrawal or diversionary
facility.

(2). Change "lands" to "facilities"

(3) Change "lands" to "facilities"

16 CB-0.15 Minimum Flows and Levels

(1) In establishing minimum flows and levels the Board shall use
the best information'anti'method available to set that level at which further
withdrawal will cause\harm to the water resource. When deemed appropriate,
a schedule of minimum flows and levels may be established to reflect seasonal
or cyclic variations.

(4) O6^ -






(5) A regulatory level will be established by the Board that will
be applied to each permitewhen the withdrawal or diversion proposed must
be controlled above the minimum level as established in 16 CB-0.15 (1)
in order to protect existing legal uses per 16 CB-2.11 (1) (c) and to pro-
tect use of lands not controlled by applicant per 16 CB-2.11 (2) (e) or
to comply with other conditions in these Rules.

16 CB-2.11

--(2.)- T-hin. prn -th pl ant mus_ w lt t opposed




(2) (e) Will cause the water table to be lowered so that the
use of lands other than those controlled by the applicant will be adversely
affected because of changes to lake stages or vegetation.

(4) (e) Future reduction in withdrawal or diversion for the purpose
of protecting the water resources of the area oe~- pzreiting of --nw uw-s
-of w-ator-

(5) (b) Strike in entirety
(c) Strike in entirety

(6) Strike in entirety


(7) Strike in entirety




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/*'{// A s r / '-;'<^. 4i ry

LEGGETTE, BRASHEARS & GRAHAM
CONSULTING GROUND-WATER GEOLOGISTS

M. L. BRASHEARS NEW YORK TAMPA WATER SUPPLY
JACK B. GRAHAM 551 FIFTH AvrNUE .. ...,. 211 N. WESTSHORE BLVD. DWATERINO,
EDWARD T. SIMMONS NEW YORK. N. Y. 10017 TAMPA. FL. 33607 RECHAROINO
0. SIDNEY Fox (212) 682-5989 (813) 879-8177 SALT WATER PROBLEMS
-- POLLUTION STUDIES
FRANK H. CRUM REPORTS
R. G. PLAYBACK
PLEASE ADDRESS REPLY TO
TAMPA. FLORIDA

August 21, 1974




Mr. William A. Duynslager
Director of Water
City of St. Petersburg
P. O. Box 2842
St. Petersburg, Florida 33731


Dear Mr. Duynslager:

Reference is made to the proposed rules and regulations
for Southwest Florida Water Management District and South-
west Florida Water Management District (Regulatory) which are
presently under consideration by the Governing Board of the
District. In particular, your attention is called to CB-1.06,
(5), (a), which states:

"(5) Ordinarily, and until shown to the contrary,
issuance of a permit will be denied if the
permitted activity:

(a) Will cause the level of the potentiomet-
ric surface under lands not owned, leased
or otherwise controlled by the applicant
to be lowered three feet or more."

It is our opinion that the adoption of this regulation
cited above would drastically reduce the permissible ground-
water withdrawals from the three existing well fields owned
by the City of St. Petersburg. Most certainly, the total
withdrawal would be limited to less than 10 mgd and perhaps
to even less than 5 mgd total from the three well fields.

Utilizing figures we believe are average values for the
hydraulic properties of the Floridan Aquifer in the area of
the three well fields, we have calculated minimum amounts of

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. .. .





. -- -Stl ,
Mr. William A. Duynslager -2- August 21, 1974


I land that the City of St. Petersburg would have to "own, lease
or otherwise control" in order not to violate CB-1.06, (5),
(a). It should be noted that these land areas are based on
the theoretical, but rather.impractical premise of construct-
ing one large capacity well capable of producing 3, 10, 20,
or 30 mgd in the center of the property.

For a withdrawal of 3 mgd, the City of St. Petersburg
would have to "own, lease or otherwise control" about 1.2
square miles of property. For a withdrawal of 10 mgd, about
24 square miles; for a withdrawal of 20 mgd, about 45 square
miles; for a withdrawal of 30 mgd, about 60 square miles.

The problems created for the City of St. Petersburg by
the implementation of CB-1.06, (5), (a) might be small when
compared to the difficulties that could be experienced by
other large users in the area. It very well might be that
most of the large capacity wells in the District would be in
violation of this regulation. Whereas the City of St. Peters-
burg might have to prove to the Board that the lowering of
water levels more than three feet outside the property boun-
daries of the three operating well fields is not unreasonable,
the Board could also be faced with hundreds or perhaps even
thousands of other applicants with similar problems.

SThe withdrawal of water from a well causes a lowering of
the potentiometric surface in the vicinity of the well, creat-
ing a gradient whereby water moves toward the well. This act
does not cause the depletion, deterioration or waste of the
natural resource. In such cases where withdrawals by the
City of St. Petersburg have lowered potentiometric surface to
the extent that shallow-well pumps become inoperable, the
City of St. Petersburg has installed new deep-well pumping
equipment or taken other remedial steps to.assure adequate
water supplies are available to its neighbors.

We believe that the placing of any number in CB-1.06, (5),
(a), be it three feet or thirty-three feet, places the Board
in the position of regulating withdrawals on the size of an
applicant's property, the shape of the property and with not
enough consideration as to the proper utilization of the
resource.

Very truly yours,

LEGGETTE, BRASHEARS & GRAHAM


M. L. Brashears




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-* 0P. O Box 1498-
SLeesburg Fla. 32748
SAgs it 26, 1974

Mr. Derrill McAteer, Chairman .
.Soethwest Florida Water Management District .:
P. O0 Box 457
S rooksville, Florida 33512 '

.. ... bDar DrrIll: -
Referring to my brief remarks to you at the July mret-
n$ of your board, there does seem to be some prospect of
difficulties arising fafom the conflict between the proposed
after regulatory rules and the philosophies of some of the
rcantizatitos comprising water users.

The Florida Cattlement* Association, according to James
Lutrell's public statements, is on record to the effect that
water over, on and under land is the property of the land-
owner, and not a resource of the State.*

6 The Florida Association of Soil and Water Conservation
District Supervisors, at its recent convention, passed a
resolution agreeing with the stand of the Cattlemen's As-
s ociation.

Although I have seen no firm statement to the same
effect from Florida Citrus Mutual, I mast assume thalthe
Same philosophy exists within that organiLation, of which I
am a long-time member.

The danger I mentioned to you is that there appe*@ to
be thinking that SWIFTMUD's water use regulations will pro-
vide confirmation of the ownership philosophy mentioned
above. This, of course, is contrary to the statutes under
which you operate, which declare water to be a resource of
the State.
Perhaps I am too pessimistic, but it seems to me that
SWFTMUD could find itself in the middle of a grand melee
unless great care is exerted to make it clear that water
use regulations do not have the effect of conferring or
confirming ownership of water by landowners.

As an aiae, there have been numerous times when my
water need has exceeded one million.gallons per day for ir-
rigation purposes.
Very sincerely,


Ben SO Burton
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e"' 16 CB-4.09

(2) If during construction or alteration the Board finds

that the work is.not in accordance with the approved plans and

specifications as directed in the permit, it shall give the

permitted written notice how the construction is not in com-

pliance and shall order immediate compliance with such plans and

specifications. Failure to act in accordance with the orders

of the Board after receipt of written notice shake ~ may) result

in the-initiation of revocation proceedings in accordance with

the provisions of Rule 16 CB-4.13.

(3) Upon completion of the work the Executive Director

shall have inspections made annually or more frequently as

deemed necessary of the diversienary facility. No person shall

refuse immediate entry or access (during normal working hours)

.',to any authorized representative of the Board who requests entry

for-purposes of such inspection and who presents appropriate

credentials.


16 CB-4 .10-

(1) After January 1,. 1975 unless expressly exempted by law,

io .person shall, without a permit from the Board, operate or

maintain any dam dkveersisary-faaeklty-where'-ah-divesceenary

faeei ,ey-is located on a stream or other watercourse_ or any

S impoundment which relies on a stream or other watercourse for

its (operation s~ppiy), or any other impoundment- with a water

surface area eperate-eP-mainaan-saeh-divesaeaiy-fae!ity

_ -------- qrpmrtpr than 40 acres.










16 CB-4.11

(2) If any owner shall not have constructed or installed

such headgate, valve or such measuring device within sixty (60)

days (or in such time as the Board may declare appropriate and)

after the Board has ordered its construction, the Board shall

have constructed or installed such headgate, valve or meauring

device, and the costs of installing the headgate, valve or

measuring device shall be a lien against the owner's land

upon which such installation takes place until the Board is

, reimbursed in full.


16 CB-4.14

16 CB-4.14 Abatement.--Any dam, impoundment, appurtenant work,

or works diversieRary-ae&lity which fiolates the laws of this

state or which violates the standards, regulations, or orders

of the Board, or the conditions of the permit shall be declared

a public nuisance (if such violation causes any real damages

to any persons.) The operation of such d-ivoreonar- facility

may be enjoined by suit by the Board, or by a private citizen.

The Board shall be a necessary party to any such suit. Nothing

herein shall be constructed to conflict with the provisions of

Rule 16 CB-4.12.


L-------- I-r.










16 CB-4.16

(1) Permission to begin construction, alteration, or

removal of a dam, impoundment, appurtenant work, or works

prior to the issuance of a permit may be applied for, in

writing, when the an emergency condition exists which justifies

weaub-)ase fy such permission. IHowever, no_such permission shall

be granted unless an application the-ee a8eae f-e -w e-wesk9

is already under consideration for a permit under Rule 16

CB-4.06(1).)


(2) The Executive Director may grant emergency authori-

zation at his discretion. However, a serious set of unfore-

seeable and unforseen circumstances must exist to create an

emergency. (Mere-eaelessnese-er--aek-e-planning-en-the-par

ef-the-app3ieant-shaaa-Bet-be-stffiei-ent-giettnde-te-war3raan-t-he

granting-e-emerageney-atehe3??aeaee-)


16 CB-4.17

( (4) Any resulting damages caused by such order or orders

to the permitted's property shall be corrected and restored to

prior condition at the expense of the Board. )















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AMENDMENTS AND ADDITIONS TO RULES AND.REGULATIONS
(16 CB and 16 CC Fl rida Administrative Code)
FOR
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

S .Notice is hereby given that cn Wednesday, August 14, 1974

at 10:15 a.m. at the official district office of Southwest

Florida Water Management District (7 miles south of Brooksville

on U. S. Highway 41), Post Office Box 457,j, jjoksville, Florida

33512, the Board of Governors of Southwest Florida Water

Management District and the Board of Governors of Southwest

F.orida Water Management District (Regulatory) sitting concurrently

will continue hearing and receiving testimony and evidence for

the purpose of adopting amendments and additions to rules and

regulations, Chapters 16 CB and 16 CC Florida 'Administrative

Code for the purpose of implementing the Water Resources .

Act of 1972, as .amended. Part of the proposed rules have been

redrafted and are identified as 1974 Draft No. 2. ,These will

also be considered. Copies may be obtained at the address listed

above.

Such hearing is a continuation of hearings commenced at the

district office on July 10, 1974, continued at Ocala, Florida on

July 11, 1974, and continued further at Bartow, Florida on

July 12, 1974.

Notice is also given that a further continuation of the

hearing will be held on August 21, 1974 at 1:00 p.m. at the

Commissioner's Board meeting room of the Pinellas County

Courthouse in Clearwater, Florida.

The Southwest Florida Water Management District and the

Southwest Florida Water Management District (Regulatory) include

the entire areas of Hillsborough,.Pinellas, Pasco, Hernando,

Citrus, Hardee, De Soto and Sumter Counties and portions of the

areas of Gilchrist, Levy, Marion,.Lake, Orange, Polk and Charlotte

_N Counties.
Southwest Florida Water Management




* an..


FLORIDA MINING & MATERIAS CORP
P. O. BOX 1050, TAMPA, FLORIDA 33601, (813) 933-6711


August 30, 1974




C7
Mr. Donald R. Feaster, Executive Director
Southwest Florida Water Management District
.Post Office Box 457
Brooksville, Florida 33512


t


Dear Mr. Feaster:

I am in receipt of your July 30, 1974 memorandum with' draft number
two of the Rules and Regulations for Water Consumption, Storage, and
Management.

I would like to make the following additional recommendations:


16CB-2. 06: Add paragraph H.


Maximum amount of water to. be consumed per year
and during any single day.


16CB-2. 11: Paragraph 2

Change "withdrawal" to "consumptive use".


16CB-2.11: Paragraph 3


Delete "withdrawal" and add after proposed "consumptive use of" water.


Ii


...1b.--, .,.-ii^-- ...__~.7







Southwest Florida
Water s5atagemenzt Dilstriot
P. O. BOX 457 BROOKSVILLE, FLORIDA 38512

DERRILL McATEER, Chairman, Brooksville HERMAN BEVILLE, Bushnell N. BROOKS JOHNS, Lakeland
S. C. BEXLEY, JR. Vice Chairman, Land O' Lakes J. R. GRAW, Ocala THOMAS VAN der VEER, Yankeetown
JOHN A. ANDERSON, Treasurer, St. Petersburg JOE E. HILL, Leesburg ROBERT E. VAUGHN, Brandon
Donald R. Feaster, Executive Director
August 30, 1974



SEP 4 1974 j
L. M. Blain, Esquire
Post Office Box 1363
Tampa, Florida 33601

Re: Proposed Rules and Regulations on Draft No. .~

Dear Buddy:

Enclosed please find copy of a letter from Gregory R. Deal, Attorney
for Florida Crushed Stone Company. The staff met with him and
members of limerock companies on the Rules and Regulations. As
indicated in the letter, the mining industry could not offer any
alternatives to the rules proposed, but could not depend on the
Governing Board to decide whether to issue or deny the permit
without some criteria as guidelines.

I would appreciate your thoughts and comments.

Very truly yours,

JAY T. HERN

Staff Attorney

JTA:ld

Enclosure

cc: Mr. Donald R. Feaster
Mr. Rodney N. Cherry
Mr. James A. Mann


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... 5 + RcL.Y To: Lakeland
r- August 28, 1974


Mr. James A. Mann, Chief
Department of Regulation
Southwest Florida Water
Management District
Post Office Box 457
Brooksville, Florida 33512

Re: Florida Crushed Stone Company & FCS Mining Co.;
Proposed New Water Management Rules

Dear Jim:

Thank you for meeting with me and the several repre-
S sentatives of Florida Crushed Stone Company (FCS) this past
\ Friday afternoon. I wap almost as surprised as you that repre-
sentatives of most of the major limerock companies appeared,
but I was pleased that they did, because the meeting may, there-
fore, have been more productive for all concerned.

One of the matters that became evident during the
meeting is the fact that little technical data has been accumu-
lated by either the Southwest Florida Water Management District
or the limestone companies, with respect to the.companies'
actual use of water. I hope that FCS will be able .to procure
some initial data concerning that use so as to be able to pre-
sent specific written and verbal proposals concerning the Rules,
on or before the scheduled September 11 meeting.

Based upon the limited technical data and information
now available to me, I suspect that neither FCS nor any other
limerock company will be able to operate within the water crop
parameters which will be finally set by the Board. Given that
situation, and the fact that all requests for permit by a lime-
stone company will surely have to be considered by the District's
Board after denial by the staff, there is at least one problem
which I believe can cause serious difficulties, and I would now
like to mention it for the record.







Lr









Mr. James A. Mann, Chief
August 28, 1974
SPage Two




Section 2.11(7) of the proposed Rules vests in the
Board the power to issue conditional permits for withdrawal
of water exceeding the water crop allowed elsewhere in the Rules.
Under Subsection 7, this conditional permit may be issued when
the Board "...finds that it is consistent with the public in-
terest and will not interfere with any other legal use of water
existing at the time of application..." My first concern is
that the subsection contains practically no criteria which would
serve to guide the Board in the exercise of its discretion under
the subsection, or which would fully inform the applicant of the
criteria which it would have to meet to obtain'a permit under
the section. A second concern is that the emphasized language
could be used as a basis for denying any reasonable permit even
though the applicant's use of water might be entitled, as a
matter of policy,.to a clear priority over other uses. My third,
and a more basic concern, is that this subsection vests in the
Board of the District tremendous power and control over the very
economic life of the limestone companies and that this factor,
coupled with the absence of discretion guiding criteria, amounts
to an.improper and unintended delegation of authority. This is
(\ a matter, of course, which I hope to be able to discuss further
with Mr. Ahearn before the September 11 meeting.

Again, my thanks to you and your staff for meeting
with us on Friday.

Sincerely yours,

HOLLAND & KNIGHT



Gegory R. Deal
GRD:mm
cc: Jay T. Ahearn, Esq../
Mr. Whitfield M. Palmer


T


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1: 11-7 1






LAW OFFICES

HOLLAND & KNIGHT

SP.O.Box 068 P.O.OlAWERn BW
245 SouTH CENTRAL AVENUE 92 LAKE WIRE DROV
BARTOW, FLORIDA 33830 LAKELANOFLomIoA 33802
TELEPONE(813) 533-11 51 TELEPHONE (813) 682-111

P.O.DRAwER IO P.O.Box 1288
BARNETT BANK BLDO. ExcANGE NATIONAL BANK BLDO.
S TALLAHASSEE.FLORIDA 32302 TAMPA,FLORIOA 33001
p .* TELEPHONE (904) 224-7000 TELEPHONCE 813) 223-1621

REPLY To: Lakeland
S' August 28, 1974


.Ji Mr. James A: Mann, Chief.
-,. Depart ent f Regulation 4
i. Soi Ehest Florida Water --
- r=Management District s
Post Office Box 457
Brooksville, Florida 33512

Re: Florida Crushed Stone Company &. FCS Mining Co.;
Proposed New Water Managemient Rules

Dear Jim:

Thank you for meeting with me and the several repre-
S sentatives of Florida Crushed Stone Company (FCS) this past
Friday afternoon. I was almost as surprised as you that repre-
sentatives of most of the major limerock companies appeared,
but I was pleased that they did, because the meeting'may, there-
fore, have been more productive for all concerned.

One of the matters that became evident during the
meeting is the fact that little technical data has been accumu-
lated by either the Southwest Florida Water Management District
or the limestone companies, with respect to the companies'
actual use of water. I hope that FCS will be able to procure
some initial data concerning that use so as to be able to pre-
sent specific written and verbal proposals concerning the Rules,
on or before the scheduled September 11 meeting.

Based upon the limited technical data and information
now available to me, I suspect that neither FCS nor any other
limerock company will be able to operate within the water crop
parameters which will be finally set by the Board. Given that
situation, and the fact that all requests for permit by a lime-
stone company will surely have to be considered by the District's
Board after denial by the.staff, there is at least one problem
hti..ch I believe can cause serious difficulties, and I would now
AaiV-Uk o mention it for the record.


-.11 .'1-


I***'* '"VfS.


'1' ~c --'"








Mr..James A. Mann, Chief
August 28, 1974
Page Two


Section 2.11(7) of the proposed Rules vests in the
Board the power to issue conditional permits for withdrawal
Sof water exceeding the water crop allowed elsewhere in the Rules.
Under Subsection 7, this conditional permit may be issued when
the Board "...finds that it is consistent with the public in-
terest and will not interfere with any other legal'use of water
existing at the time of application..." My first concern is
that the subsection contains practically no criteria which would
serve co guide the Board in-the exercise of its discretion under
the subsection, or which would fully inform the applicant, of the
criteria which it would have to meet to obtain a permit under
the section. A second concern is that the emphasized language
could be used as a basis for denying any reasonable permit even
though the applicant's use of water might be entitled, as a
matter of policy, to a clear priority over other uses. My third,
and a more basic concern, is that this subsection vests in the
-Board of the District tremendous power and control over the very
economic life of the limestone companies and that this factor,
coupled with the absence of discretion guiding. criteria, amounts
to an improper and unintended delegation of authority. This is.
a matter, of .course, which I hope to be able to discuss further
with Mr. Ahearn before the September 11 meeting.


Again, my thanks to you and your staff for
with us on Friday.


meeting


Sincerely yours,


..-
GRD:mm
ccc Jay To..Ahearn, Esq.
c Mr. Whitfield M. Palmer

,
I. i-j


L7~ '-'


r











CI~


16CB-2. 11: Paragraph 5


In sub-paragraphs A, B, C, D and E, delete "withdrawal"
and add "consumptive use".


S16CB-2. 11: Paragraph 7

Delete "withdrawal" and add "consumptive use".

I have noted several changes in draft to make it more workable and
strongly believe that the word "consumptive use" should be inserted
in part two as recommended above.


~' Coleman, Jr.
Vice Presideht, Aggregates


SCMC:sdm


rn-






-I>


3
1?



_C1


cJ1


__


Mr. Donald R. Feaster
August 30, 1974
Page Two


oP~Y~




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