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MNL:MO TO: MGG

RL: SWFWH-D(R) establishing mean low levels for
ground water.



iThe other day you and I discussed how much power the Regulatory
District has. After reading Chapter 373 rather carefully I av
of the opinion that the Regulatory District does not hayve
authority to establish a "mean low level' for ground water as
defined in Section 373.061(10).

The worcinc of this section is confusing but it seemed
pretty clear that the mean lov level as used in this law
shall I c: tic level, as determined by the Division of Water
Resources cand. Conservation.

Thisi determination can be based on data and calculations
.ade by the Division of W'.ater Resources and Conservation
cr its a:tihorized agents but I don't find any place. lwhre
the Diviricn of Water resources and Conservation is
authorized tc delegate this rcspcnsiility to a local. board.

The wording of this definition is also confusing when
it states that the Division shall determine and establish
the mean lov level for ground water at a given point when
required for the purposes of this law. I arn not sure what it
means by 'a given point.'

This may be referring to an observation well.

There wouldsalso be difficulty in determining how to calculi
this level since the word mean, or mesne, is subject to a
number of different interpretations and methods for calculate

I really don't think we have to be too concerned about it
since we seem to have adequate authority elsewhere in this
chapter for regulating the use of ground water.




LMU : cs
December 15, 1969.