Title: Water Management District Changes in the Law
Full Citation
Permanent Link: http://ufdc.ufl.edu/WL00001895/00001
 Material Information
Title: Water Management District Changes in the Law
Physical Description: Book
Language: English
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Letter To: MCG From: LMB June 29, 1976
General Note: Box 9, Folder 12 ( SF -Basins -SWFWMD-transfers - 1976 ), Item 1
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00001895
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

June 29, 1976

RE: Water Management District Changes in the Law

On June 28, 1976 at Don Feaster's request I met with him
and Sonny Vergara to discuss the various things that need
to be done as a result of the changes of the law as well
as my interpretation of how the law applies to SWFWMD.
These matters included the following:

1. Relationship between basins and the District.
We need to develop a legal opinion spelling out
this relationship. For example, Can a basin sue
and be sued, enter into binding legal contracts,
or hire and fire employees? It is important to
establish this because of:

a.To determine whether or not the Peace Basin
has a valid claim for reimbursement for its

b. The relationship with Manasota when it comes
into the District.

c. The ownership of the drill rig by the Alafia
Basin and its own Central Garage Account.

2. Change of basin boundaries. I recommended that
the District needs to amend certain basin boundaries
effective October 1 and certain other basin
boundaries effective December 31 as follows:

To take effect October 1:

a. Describe the Oklawaha Basin as being
only that part of the District being
transferred to St. Johns but less the
Green Swamp Basin part.

b. Thethccassasa Basin should be described
as only that part being transferred to
the Suwannee District.

c. A new name and description for the
combined Crystal-Homosassa, Pithlachascotee


S. : .. ...

d. The Withlacoochee Basin should be
described as that part that will
remain after the Oklawaha and
Waccasassa are redescribed as
set forth above.

Changes to take effect December 31 are as follows:

a. The Peace Basin should be described
with the addition of the Ridge Basin.

b. The Manasota Basin should be
described consisting of the two
c. The Green Swamp Basin should be
redescribed with the transfer portion
being deleted.

3. Technique of describing basins. I recommended
that the basins be described by metes and bounds
within each of the respective counties rather
than a total description without respect. to
county boundaries.

4. Change of Manasota Basin Board chairman.
Arrangements need to be made so that
Latimer Turner starts serving as chairman
of the Manasota Basin Board on behalf of
the Ridge and Lower Gulf Coast District.
This would give greater ease in making the
transition. At the present time Mary Kumpe serves
as chairman by appointment from the chairman of
the board. Blake Whisenant has been designated
as first alternate and Lat Turner as second

5. Swearing in transitional member. I don't believe
it is necessary that Lat Turner be sworn in but
it certainly wouldn't hurt. A separate memo on
this matter is attached.

6. Vacant Withlacoochee Basin Board seats. I think
a strong effort should be made to fill the seats
from Levy and Marion Counties prior to the
adoption of a new budget and millage. A fairly
substantial portion of those two counties will
become part of the Withlacoochee Basin. They are
presently in the Waccasassa Basin. The current


1* 0

village in Withlacoochee is 0.28 and the current
village in Waccasassa is 0.22. The consumptive
use permits are not being required in the Waccasassa
Basin but probably should be after this area is
added to the Withlacoochee.

/ 7. The Manasota Basin will need to reorganize after
May 31 when it becomes the "Manasota Basin of the
Southwest Florida Water Management District."
At that time they can ratify any prior actions
as well as recommending a basin budget to the
SWF Governing Board. SWF can then amend its budget
to include this basin.

8. Budget amendments. In December, just prior to the
transfer, SWP and the Oklawaha and Waccasassa
Basins can amend their respective budgets to lump
sum amounts which are to be transferred in accordance
with the conditions of the transfer. These lump
sum amounts will be the total amount to be transferred
from SWF to the St. Johns District and to the
Suwannee District and should probably include a
schedule of estimated times that the actual transfers
would take place, depending upon tax revenues.

9. Dates to implement regulatory programs. We.
need to establish some tentative target dates to
implement regulatory programs in the newly aligned
Withlacoochee Basin, in the Ridge area being added
to the Peace Basin, and in the Manasota Basin.

10. Don Feaster (Jay Ahern) is taking care of making
arrangements for release from the Corps of Engineers
of any SWF responsibility for the Oklawaha chain
of lakes portion of the FRB project.

11. Transfer deeds, bills of sale, etc. Norm Stoker
and Jay Ahern are taking care of preparation of
transfer deeds, bills of sale, etc. to go to the
receiving districts.

12. Permit application fees. The new law requires that
the district shall establish a schedule of fees for
filing applications for the required permits and
that these fees shall reflect the cost to the District
for processing the application, provided that fees
shall not be required for any governmental entity.
We have concluded that there is no one on the staff
capable of determining this and Don is going to
include an item in the budget for an economist for a
study of permit fees and processing costs, as well


.' i.. ~ ; ,.-; _. J .. .. .. _. _.
- I-

as for guidance and preparing economic impact
statements for each of our rules. We simply
don't have anyone on the staff familiar with
techniques employed by economistsin determining

13. Amendment of rules relating to mandatory hearings.
The new law allows the District to dispense with
hearings for consumptive use permits where no
objection is received. We need to amend the rules

Other Matters Discussed:

1. Permits. Don asked if we could join Parts I, II, III
and IV into one permit. I told him I saw no reason
why this could not be processed all at one time and
issue a single permit.

2. Basin board representation. I recommended to Don
that the Governing Board pass a resolution urging
the Governor to appoint no fewer than five members
for any basin board. This would involve an increase
on the following boards:

Northwest Hillsborough



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