A newly approved state law creates the Headwaters Water Control District in Indian River County and transfers responsibility for maintaining portions of the canal system that serves the Fellsmere area.
The legislation establishes the Headwaters Water Control District as an independent water control district and public corporation under Florida law, covering approximately 19,691 acres in western Indian River County. The district will be governed by a five-member board elected by landowners within its boundaries.
Under the law, the new district will assume full responsibility for maintenance of the entire Lateral "U" Canal, including dredging and aquatic vegetation management.
The canal must be maintained at the level of service outlined in the 2017 Fellsmere Water Control District Water Control Plan. The Fellsmere Water Control District will retain the right to use portions of the canal located within its boundaries for purposes allowed under water control laws and regulations.
The Headwaters district will also take over maintenance responsibilities for a one-mile segment of the Main Canal within the Fellsmere Water Control District, extending east from the centerline of the Lateral "U" Canal.
The legislation states that the Fellsmere Water Control District will have no further responsibility or liability for maintenance activities on that portion of the canal.
Responsibility for the remainder of the Main Canal will remain with the Fellsmere Water Control District. The Park Lateral Canal will also continue to be maintained by the Fellsmere district, although the Headwaters district will retain historic drainage rights through the canal to the Main Canal.
The legislation requires the two districts to develop and adopt a joint water management plan by Oct. 1, 2027, to govern canal operations during emergencies and other situations consistent with the system's original design.
Any disputes over proposed amendments to the water control plan would be subject to mediation and potential hearings through the Florida Division of Administrative Hearings.
The law also grants each district access rights across the other's property where necessary to perform maintenance, management duties or emergency repairs.
Future amendments to the 2017 Fellsmere Water Control Plan involving the Lateral "U" Canal, Main Canal or Park Lateral Canal must be developed in collaboration with the Headwaters district.
Properties within the new district will remain subject to the comprehensive plans and land development regulations of both the City of Fellsmere and Indian River County.