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MAY 16 1994 Boa 57 PAGE 52 <br />Lc <br />Chairman Scurlock noted that St. Johns Water Management is <br />very much against using potable water for irrigation <br />purposes, and they wish to phase out any use of the shallow <br />aquifer in the Wabasso area. There is no agreement with Mr. <br />Lockwood and Lost Tree at this time, and St. Johns needs <br />some indication of what we will support re consumptive use. <br />Chairman Scurlock continued to discuss various alternatives, <br />i.e., going to the deep aquifer, having the County lease the <br />line and operate it, etc. He emphasized that the whole <br />concept is phase out the shallow wells, and a combination of <br />those approaches could be worthwhile. <br />Considerable discussion ensued as to whether we legally <br />can require a franchise for this system, whether the water <br />is used by Mr. Lockwood or anyone other than Lost Tree <br />Village Corp., etc. <br />Attorney Brandenburg explained that the County has a <br />Special Act of the Legislature authorizing the issuance of <br />franchises and a subsequent ordinance requiring franchises <br />of all utilities operating in the county. The County <br />Utility Department is in the process of going through the <br />county and trying to upgrade all the little utility systems <br />and requiring them to obtain franchises where applicable. <br />If LostATree supplied only themselves and no other members <br />of the public, in all likelihood it would not fall under our <br />franchise requirements, but if they have leased it out to <br />another individual who is now supplying them and has the <br />capability of supplying others, then it is quite possible a <br />franchise would be required. The line obviously is <br />supplying someone. We are requiring a franchise of all <br />utilities, and staff is looking for the Board's approval to <br />go ahead and sort this matter out. <br />Chairman Scurlock noted that there also is the issue of <br />whether or not the Board will take an aggressive position in <br />supporting St. John in phasing out shallow wells. The <br />52 <br />