The South Florida Water Management District (District) filed this proceeding against Canoe Creek Property Owners Association, Inc., and its predecessor in title, Dean Development Company, Inc., to require modifications in the surface water management system of Canoe Creek. Dean Development failed to participate in the case. There are disputes between the Property Owners Association and the Canoe Creek developer over whether the system has been turned over to the property owners. Those disputes must be resolved elsewhere. Canoe Creek is a mature 86.5 acre residential subdivision. It is immediately east of and adjacent to Westwood Country Estates, an 82.1 acre residential development which is in the early stages of development. This action is the second of two related proceedings initiated by the District. The prior matter began in August 1988 when the District issued a Notice Of Violation to Westwood Country Estates, Inc. (Westwood), claiming it had made an unauthorized discharge of storm water which had an adverse impact on Bessey Creek. Westwood's unauthorized discharge occurred after a storm event, when the berm along Westwood's southern boundary failed, and surface water began to flow south from that breach into Bessey Creek. As part of the resolution of the Notice Of Violation proceeding, Westwood filed, on or about October 14, 1988, an application with the District to modify its surface water management system. Westwood's consulting engineer had determined, when preparing the permit modification application, that an additional 52 acres of land immediately to the west of Westwood drained onto Westwood, and that the water from that land needed to be incorporated into the Westwood surface water management system. At Westwood's eastern boundary is a north/south berm which separates it from Canoe Creek; there is a weir structure at about the mid-point of the berm, which has been permitted by the District.Water management district could modify permit to require downstream landowners to handle additional water flows which had been overlooked when permit first granted