DRAFT RESPONSE


Dear Mayor Schuh:

I have given careful attention to your letter of December 1,

1975 urging me to consider restructuring the Southwest Florida

Water Management District Governing Board during the upcoming

legislative session.

Each of the respective water management districts is

faced with a broad spectrum of water related problems and

challenges brought on by the unprecedented growth our state

has experienced and the prolonged drought which has plagued

peninsular Florida during the past 15 years.

I have watched the development of water management dis-

tricts closely while serving both as senator and as governor

and have given particular attention to the organizational

differences between Central & Southern Florida Flood Control

District (FCD), with its district-wide, single basin operation,

and Southwest Florida Water Management District (SWF) with its

multi-basin approach. There's much to be said for centralized

control but there are many benefits to be derived from having

individual, localized basin boards such as your Pinellas-Anclote

Water Management Basin.

As you are well aware, the basin board has control over its

own budget and must give prior approval to final construction

plans for district works to be constructed in its basin. This

also provides anopportunity for each basin board to supply

meaningful input into district decisions affecting more than one

basin. John Anderson served the Pinellas-Anclote Basin well

in this capacity during his tenure on the Governing Board, and

I am confident that Lewis Homer is continuing this service.

As these two districts have begun implementing programs

for the issuance of permits authorizing the consumptive use of

particular quantities of water, it becomes increasingly apparent

that the water resource problems in south Florida vary from those















in your southwest area, both in magnitude and complexity.

The flood control district has an extensive system of canals,

dikes and structures and allocates water primarily from surface

flows on a system based upon what it refers to as its "water

budget."

Southwest Florida Water Management District, on the other

hand, has a number of smaller hydrologic units or basins, and

has had to develop rules more accurately measuring and allocating

ground water. By its rules, it states "water crop" is precipi-

tation less evapotranspiration. It further provides that "except

where determined otherwise, the water crop throughout the district

will be assumed to be 365,000 gallons per year per acre and

that issuance of a permit will be denied if the amount of water

consumptively used will exceed the water crop of lands owned,

leased, or otherwise controlled by the applicant. Its rules

provide that the board for good cause shown may grant exceptions

to this provision when, after consideration of all data presented,

including economic information, it finds that it is consistent

with the public interest. 16J-2.11, Fla. Admin. Code.

I fail to find any provision in the rules of SWF which

establish "water crop" as a property right or interest.

I'm sure you know that the rules and orders of SWF are subject

to review, not only through the courts but also by the governor

and cabinet sitting as the Land and Water Adjudicatory Commission.

I am aware of the need your city has for a continuing supply

of potable water and the problems experienced in recent years.

I sincerely hope the West Coast Regional Water Supply Authority

can help meet this need for all the people in the central west

coast area. Your city is to be commended for its efforts in

helping form the authority. Cooperation between governmental

units in your area is essential if the needs of all the people















are to be met, including not only a good, economical supply

of water, but also protection for all of the water resources.

Close attention will be given to all legislative proposals

and action, especially those relating to our water resources.

Sincerely,