SIBHON frCKER, McEWEN, Sb...'ll, COFER F TAUB
A'i-rOINEYN AND COUNSEI.I.OHS A'T LAW
006 MATDISON HTRIEET. P.O. BOX 1303 16f2M. ... 0 1502.ll,30
ll u *Nlly OInRIINR. 1Bo9.1n7o
TAMIrA. I".OHIDAL 3:M(;01 nlIN PHILIP R. LAzzA
(813) 228-7841 JOSEirl II. COFER DIIAV IID M1'EW1
TIIOMAR E. (ONE. JR. JAME. M. MCEVWE
A. YI.ETC IIE 1 I)reIE MALCOLM P. MICKLER. Ill
August 19, 1976 .. ,MI nIIAI FOD 1. "IRADFORD MIIER
M/0 AHTIlTIT HK. nlllIO( l WILI.IAM R. PLATT
MVR4NW is. nllI)ONx NHIIAION E. SII.K
LtoRET C. 4(11I)HON ARMlN 3I. SMITH. JR.
4AM M. (111n1ONN RICHARD N. STEINV
IRUC('IE fOILDSTRIN THIODORE C. TAUI
JOII A. OUyTON. JR. WM. EA.LE TUCKER
VICTORIA 1T. HUNT JACQUEIINE B. WHATIET
ROBIERT V. WILLIAMS
IN REPri.V REFER TO,
Mr. Donald R. Feaster
Southwest Florida Water Management District
P. O. Box 457
Brooksville, Florida 33511
Receipt is acknowledged of your letter of August 10, 1976, con-
cerning the Wysong Dam referred to in the Contract and Agreement
with DNR as the Carlson Landing Fibradam.
It is my recollection that when we got this money to assist with
the construction of the Fibradam, it was more or less a loan, so
I think it is fine that we are getting them to agree to contributing
to its construction, as well as the other language they set forth
in the Agreement. In fact, I see no particular problem with the
loan language as long as the District does not have to pay it back.
However, we do have a problem with paragraphs 3 and 4. We cannot
acquire real property for strictly recreational purposes. We can
only acquire property, under S373.139, for flood control, water
storage, water management and preservation of wetland streams and
lakes. On the other hand, under sub-Section 3, the lands acquired
for the purposes enumerated in sub-Section 2, just quoted, may be
used for recreational purposes and, whenever practicable, such
lands shall be open to the general public for recreational uses.
I believe paragraphs 3 and 4 should read as follows:
3. The District hereby, with and through this Contract, ded-
icates the Carlson Landing Fibradam, a recreation and water
management area in perpetuity, to be offered to the general
public for recreational purposes and for water management
purposes and to be maintained and operated by the District
or its successor.
IBBON TUCKER. McEWEN. S. t'H. COFER & TAUB CONTINUING OUR LETTER OF
August 19 1976
Mr. Donald R. Feaster
4. The District agrees to return to the Department its orig-
inal contribution of $35,000.00 in the event that the herein
described area becomes utilized for purposes other than recre-
ation and water management.
I am sure that the.Department of Natural Resources would not wish
us to violate the law, and certainly the designation they direct
and the wording are definitely contrary to the authority which the
District has, and, of course, this project cost considerably more
than the $35,000.00 which'they contributed to the project.
If you have any questions or suggestions concerning any of these
matters, please contact me.
Yours very truly,
Myr G. Gibbons