* 4' .. I-*PL
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-~~~~ v"' ^ A" :*-
-W /' Jr--9 ~r-' ::
b -. .-' ". !*- .I ..- ..- ', .
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MNfoi Haven 42.70
to end of
EXCESS (/) OR
incomplete for month of October
incomplete for months of April and October
U. S. Weather Bureau records show that at all of the stations above this is
the second year in which all showed deficiencies and for some of the stations, the
third and fourth successive years. Annual total precipitation at these stations for
the past six years follows, reflecting the annual total excess (/) or deficiency (-)
Moore Haven -0.21
(Belle Glade) -1.12
Miami / 1.73
- 3.91 8.13
- 5.21 -10.41
The 1945 Water Resources Bill Failed to Pass Into Law.
SENATE BILL NO. 190
REA 1st TIME 4-1745
A BILL TO BE ENTITIED
AN ACT DECLARING THE POLICY OF THE STATE OF FLORIDA IN RESPECT TO THE USE AND CONSER*-
VATION OF WATER RESOURCES CREATING THE FLORIDA DEPART T OF AE RESOURCES AS0 A
AGE&C fi- "Iq'BaTj PROVED G O SE5rI Of S O S 5E
AND EMPLOYES, FOR THE PUEiHASE OF SUPPLIES AND EQUIPMENT AND FOR THE PAOMNT OF
SALARIES AND EXPENSES; DEFINING THE POWERS AND DUTIES OF THE FLORIDA DEPARTMENT OF
WATER RESOURCES, ITS OFFICERS AND AGENTS, DECLARING THAT ITS RULES AND REGULATIONS
HAVE THE FORCE AND EFFECT OF LAW AND DELARING ANY WIIFUL VIOLATION THEREOF
OF THE PROVISIONS OF THIS ACT TO BE A MISDEMEANOR PROVIDING FOR APPEAL FROM
ORDERS OF THE FLORIDA DEPARTMENT OF WATER RESOURCES TO THE CIRCUIT COURTS AND
M DECISIONS OF SUCH COURTS IN SUCH MATTERS TO THE SUPREME COURT OF THE STATE OF
A; GRANTING TO THE FLORIDA DEPARTMENT OF WATERBIESOURCES THE POWER TO REVIEW
LAD AMEND PLANS FOR WATER CONTROL OR SUPPLY PROJECTS OR FOR CHANGES IN OLD PROJECTS;
NG THE FIDRIDA DEPARTMENT OF WATER RESOURCES TO INITIATE WATER CONTROL
PROJECTS, TO CONTROL THE DRILLING AND USE OF WELLS AND TO CONTROL SURFACE AND SUB-
S UFACE WATER LEEIS, THE USE OF WATER FROM SOURCES AND THE CAPPING OR PLUGGING OF
USED WELLS; TO COOPERATE WITH OTHER GOVERNMENTAL UNITS OR PERSONS ON SURVEYS OR
PROJECTS AND TO GATHER AND DISSEMINATE INFORMATION; AND MAKING AN APPROPRIATION TO
CARRY OUT THE PURPOSES OF THIS ACT.-
'BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA:
Section 1. The following policies are hereby declared to be the policies
of the State of Florida:
(a) All water within the State of Florida las1tharperty of the people of
.the the Sth ---E% a ..e iTi-iater mtay .be .acquired in_ themaer provided
S (b) The people of the State of Florida have a paramount interest in the use
of a].of the water of the State and the State sall determine what water of the
Sta'Tcan be converted to public and private use or controlled for public protection.
(c) Because of the conditions prevailing in the State of Florida, the general
welfare of the State requires that the water resources of the State be put to
beneficial use to the fullest feasible extent and that the waste or unreasonable
use or unreasonable method of use be prevented, and the conservation of such water,
both surface and underground, is to be exercised with a vi w t t r fniTria.- fnd
beneficial use thereof in the interest of the people of the State and for the public
(d) The protection of the public interest in the development of the water
resources of the State is of vital concern to the people of the State and the State
shall determine in what way the water of the State, both surface and underground,
should be developed for the greatest public benefit.
(e) The public interest of the State of Florida requires the conservation,
protection, control, development and utilization of the water resources of this State.
(f) The right-to after or. to the use of _flWl ofwater in or from any natural
stream, lake or water course or any artificially created reservoir or basin or -
artificially created water course in this State is and shall be limited to suchgjta
as shall be r nabl required for the beneficial use to be aer4W and such r t
does not rgx2Ln ara-i-1snot exGenfnea V aC -or unreasonable use or unreasonable
method of use or unreason ae met of diversion of water, surface
underground, in the State 6o .laLor--1-.-
(g) The aforesaid declarations of policies are not exclusive.
- iJ *
J(a There is hereby created, as an agency of the State of Florida, the
oat f Water Resourcesa hereiLstefr referred to as the Departa*b*,
1easist of seven a a who hall be appointed by the Governor, with
Band aesent or the Senate one member from each Congressional District as
and limited in this State, and one member from the state at large.
i() Two mealers shall be appointed for a first tern of two years; two members
Sterm of three years and three members for a term of for years. At the expira,-
iMpof the several first terms of office of the members of said Department appointed
the provisions of this Act, each successor shall be appointed for a term of
yeat In case any member, except the member appointed from the State at large,
his domicile from the Congressional District from vhich he was appointed,
shall become vacant automatically and the Governor shall fill the vacancy
appointment of another member from such district for the unexpired term. Any
in membership in said Department through deaths resignation or other cause
be filled by appointment by the Governor, for the unexpired term. No persea
be appointed as a member of the Department unless he or she shall be a person
gad mral character, have some knowledge bf the water resources of the State of
and shall have been a citizen and resident of the State ~ Florlda con n-
period of at least five years prior to the date of his or her appR ISito
(e) The members of the Department, except the secretary when that office is
a by a members shall receive no compensation for their services, as members thereof,
pt for expenses necessarily incurred by them in the discharge of their official
(d) The Secretary of State shall provide suitable quarters for the housing of
headquarters of the Department in Tallahassee, Florida, but until suitable
l.arters are provided in the capital or some other State owned or controlled build-
. g in Tallahassee, Florida, the Department shall have authority to rent or lease
starters for its occupancy in said city. Branch o. ces aay be established and
taB-ained in other cities and Sg tate as the business Mon.
aesssi e'o re o r equ Payont for the lease or rental of such headquarters
Soffices is reB a rized out of any funds available for the mainten-
ance and operation of the Department.
(e) The Department is authorized to purchase all forms of supplies and
equipment proper and necessary for the performance of its duties.
(f) The members of the Department, as soon as feasible after their appointment,
shall meet and select from their number a Chairman and a Vice-Chairmanj they shall also
select a Secretary, who may be one of their members or the Snt.noa N t w.
hereinafter provided for. The Chairman, Vice-Chairman and Secretary shall serve for
a flrst term ox ne year and until their successors have been selected, and there-
after selection of a Chairman, Vice-Chairman and Secretary shall be made annually.
Payment of salaries and expenses of emplyees, and the expenses of members of the
Department shall be from any funds of the Department. The Department shall have,
and is hereby granted, the power and authority to remove from office the Chairman,
Vice-Chairman, Secretary, or State Water Engineer, upon sufficient oanse, by the
vote of a majority of itsmembers, and in any ease any office beooms vacant through
removal, death or other cause, the members haall proceed to fill the vacansye The
Department shall, acting through the Secretary or State Water Engineer, hereinailw
pr-e t enForce and carry out all of Jis rules, regulations or orders duly
adopted and entered up ofi its meetings. The IDepartnyolts
officers, acting under its direction, shall have full authority to deal with depart-
ments or agencies of the United States Government or of the State of Florida, or
of any other State, or with Boards of County Commissioners or the governing bodies
of any political subdivision or taxing unit of the State of Florida, or private
person, firm or corporation, and such officer shall submit to the Department at its
~------. --------.l;rr-rr.r~n-r-~-n---~--~- ..C-`-- ~I ~IL~u-i-l-
--~"-e~nwrEraarr~s~iossr~~;~;i~Rac9~~ ~.~u~u~il?~r,*n-~~..-r~lr .n ;~~ri,+.n~^x~~ .~-.....-.~I.-. .~. ...~.~...~..__._~
meeting a full report of all actions as such official representative. The
shall, during his term of office, have his official headquarters in the
al office of the Department.
(g) The Secretary shall keep full and correct minutes of the meetings of the
tment which shall be open to public inspection.
(h) The Department shall have power to adopt and enforce rules and regulations
the government of its meetings and proceedings and for the transaction of its
S(i) Meetings of the Department shall be held not less reaenv once
three months; other meetings may be held at such s and places as may be
upon an may be called by the Chairman, or, in his absence, by the tice-
upon not less than one weeks notice being given by the Secretary to all
s of the Department. Meetings may also be held upon the request in writing
ayS four members of the Department at the time and place to be designated in the
st; notice of such meeting shall be given at least one week in advance thereof
all members of the Department by the Secretary. Four members shall constitute
puorum at any meeting of the Department.
SSectin 3# The Department is expressly authorized and directed toxpgL y at
salary and upon such terms and conditions as it may determine, a Enineer
ose official title shall be "State Water Engineer." Such Engineer shall posses such
chieal education, training, experience and other qualifications as said Depart-
tmay determine and require. Such Engineer, with the consent and approval of the
apartment, and within the limitations prescribed by it, may emnloy such professional
stants, social consultants, clerical and other employees as may be necessary far
ro r administraaion of ssAkct He shaI ener gUu a Ui' f
*POO or f aih ifBifiei of his duties, and for the delivery to his
cessor or to the Department all books and other property of every nature and
tbLracter whatsoever then in his hands, or under his control, or with which he may
be legally chargeable,including all data, information, notes, surveys, drawings,
plans, plates, investigations, reports, et cetera; said bond shall be furnished by
a reputable bonding company, authorized to do business in this State, payable to the
governor of the State of Florida, and his successors in office, and approved by the
tate Comptroller, and the premiums of said bond shall be paid from funds of the
apartmentt as its other e4enses are paid. Such Engineer shall maintain his principal
office in the headquarters of the Department, shall perform such duties as are re-
quired of him by the Department and, while he is h h t-t of he shall not
: i p t any other employment, or remuneration or services) except as author a
Was eDipartmer '"ni.t -. ---.
Section h4 The Florida Department of Water Resources is hereby granted the
power and authority and is charged with the responsibili~ :
/4 (a) To cona ve, protect, control, develop, aid direct the utilization of the
Water resources of the State of Florida; --
(b) To collect, and disseminate in usable form all available infor-
Bation relay UU im fart f FoIji7aclwnEg of
asy necessary, surveys and investigations pertinent thereto; ---
( o) T% g tai-feith any other Govermen tal t Bf dp .DaRaaet or agency
of or within the State or of re Federnments or of er Sae
surveys and investigations MMa aselinsting information;
- 12 -
(d) To _1iew1 and to reg.aBe, Prp--in f o tI.
r supply candor water control projects in this State;
(e) To supervise and _9i. ol all ex~ ng and future dra:ed or constructed
thl'si-Ts-r1t e h hnr' h, d .ivaen sad. point an open surface wells;
SBvided, however, that nothing herein contained shall deprive the State BoardTr
isalth of any of its existing legal authority;
(f) o establish theleel .and rag of level in any existing..fresh watr_
f eam canal, basin or Ji or any aFt7I a o r eservoi... thatay .bfafter .
or cons ructed fr he hold.g imp.unding.Jama Ji ters in this State* this
thority toi stared by the Department so as to afford the grea esT--g o
greatest number of people in the area or areas affected;
(g) To make and adQELeulations for the use and re-use, and to prevent the
te, of ie as e ied ~ DePartment to be
necessary; provided, however, that municapI es andprvate inrests
fresta ter to muniipaliti.s in this State are express exeted frommmthe pro-
visions of this paragaph, in the use an re-use~TO-fresh water;
(h) To assist and cooperate as far as feasible with any agency of the United
States, or of the State of Florida or of any other State, or any municipality,
political subdivision or taxing unit of this State or any private person, firm or
-Maporation with its, their, his or her problem dealing with any water supply and/or
control project in the State of Florida, including the right to initiate and sponsor
such projects in this State, but without authority to make any capital investment in
any such project;
S (1) To cooperate with any agency of the United States or of the State of
SFlorida, or oi any oer ate an waerappl d/or control project lying
Spartilly in the State of Florida, including the right to initiate and sponsor such
project in this State, but without any authority to make any capital investment in
'any such project;
(j) o make any investigation or survey relan ti>
State of Florir Icil ng e ra r. r iffss and egress over private property fcr
ah s purposes-.
The authority of the Department over wJs shall clude not only jurisdioion
over drilling and permits for sam ut also over the rat a. .
tharTan e Tuii romr wells, or permitted to owr
Sa the surface an/ r p. in~ bea Z wLich is unused .or
abandoned, with fullpower of enforcement.
Section 5. As used in this Act, the word "well" is construed to mean a water
supplwell, water drainage well, oil exploration well, or other well beingT driLe
for, or resulting from, agy other purpose.
Section 6. No well, except hand driven, driven sand point and open surface wells,
shall be drilled or constructed in this State until the owner or lessee of the land
upon which the well is to be drilled, or the well drilling contractor, or the well
driller shall have first secured a permit for same from the Department. Any permit
so issued ma _be aellai at any ime for a vitioati on a y of the p nns
this Act or any rule, regulation or order of said Department.
Wet shaIlla heow~ be
M ju vested by Irrl in ay legal
..l.. r a sWh project prwrided further, that t Ls
a$4 ag1~i to mdipalitUIes, and private interests supplying fresh
At l eaept as to source of supply.
tl Department is hereby authorized upon order of Court where
peaal relative to water resources of the State of Florida to
s IhurtM an inf Pmatren in its possession, and to render ay assistance
iW mKb Qeurt. Upon order of the Gourt, any number of said Departmebt,
lWa Weter nbgiasr may be appointed as a referee or General Master in
before the Court in matters involving water resources in the State of
f*.MI Wt is h.,l b ntis Ulr ,j nMe i Ws' rep ada
the declared policies pewera a
h ere the tore at ee s a i
Atian 1 Ay wilful violation of any of the provisions at thia ot or of
,re tion or order adde prrsuant to this Act, shall eonomtateo a
and shall be palished aoorrdingly.
S e ietin pa11 A rule, regulation, or order made and adopted by said B t
in Ithe ad ltration of this Act shall be subject to review by the Cirett
in the Judicial Gircuit in mbich the matter arose, or in which the greater
ean of the area affected is located. The Cirat Cowts are hee It"~ t
eotioen to rweisw ata7 CO MW^& M-alif >liTf iw W
SfmEaa u t ae y re t enter reda ns agr Ceetr e fon WI t xN
i said Departant is hereby designated as tin agweacy to obtain ma e agem.U Mon
a" The Department shall .ask an annual report to Vo Owwaor at the
and a biennial report t the Legislature at SUft S ta& either
,which may Leslative re.-m iandtineas.
SSecti n fts Departmnt is auterised to receive and use in the ad-antsstra-
of this Acts ay fwusa, cntribuetemns daenttiemos Ls, or pgrat of eemy,
or property, is addittn to aa wd that may be ade available to it by the
ttfure o the State N f Flero as
.tianL. For Ms administraU n of ths Act, there is berby Jpropriated
eam a mnmea in d tbe3 OMral Repwma wand of the Stabe eof n1 ida, net ea rise
.arpra'tsd, 'Mu su aft IS0,o0bO thr the period ai June J 30, 19%7.
^ -. **_______________ -tde -B~ blUQ I derie,)1S rOet fmrl
i : i .' IE .
1 ,... WO
amt pare tf iae in e liot.h erwith be, and the
Sp s A*fbte i tik affect qpa becoming a .
t LI A' l a ir i
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