Atovcubrmi oo t 17 19172 VA\ ? oP d
SDavid Feaster, Acting Director
Southwest Florida Water Management District i 09? (/
P. 0. Box 457 c
Brooksville, Florida 33512
Dear Mr. Feaster: or
At our meeting in Brooksville on October 31, 1972, you and the Southwest Florida
Water Management District staff discussed with us your concerns about our Manatee
power plant development and its use of water from the Little Manatee River for
the generation of electric energy.
We have indicated to you that we recognize and appreciate the-public interest
which you and your fellow board and staff members are advancing by your service
to SWFA.WMD and we request your recognition of the equally important public interest
in electric energy which we advance by our service as employees of Florida Power &
Light Company. We appreciate your efforts to come.to some sort of equitable
balancing of these public interests.
Your greatest expressed concern is that our water withdrawal permit granted by
the Florida Governor and Cabinet sitting as the Florida Department of Natural
/ Resources does not limit our withdrawal of water from the Little Manatee whenever
the flow is above 40 cfs. We have indicated to you that we do not intend to use
Jall of the flow and are agreeable to a "cap" or xeili on our use. ~i li n can
be expressed in different ways. We would prefer a ceiling in terms of a maximum
/ annual amount of net withdrawal.
As our engineers have informed you, based on historical flows, the minimum with-
drawal would be 12,100 acre feet in a year when total river flow was 35,900 acre
feet. This would be 33.8 percent of the annual flow. The maximum withdrawal
would be 24,700 acre feet in a year when the total river flow would have been
157,000 acre feet, or 15.7 percent of the annual flow.
IYour people seem to feel that it is necessary that the limit be in some form of
proportionate use of the flow. Any such type of ceiling results in an increase
i in cost of electric service to the public due to the increase in pumping station
[size or thie storage capacity of the reservoir or both It also results in an
i increased environmental impact due to an increase in total solids in the reservoir.
| In addition, the lower the proportion which we would withdraw, the higher the cost.
I1 Consequently, we feel that the "proportionate" approach is not in the overall
j public interest. Nevertheless, in the interest of reaching an equitable settle-
ment without prolonged controversy, we would be willing to consider a nominally
] proportionate approach as follows:
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SMr. ID)vid Fcastcr -2- Novc'.ir 17, /72
4 Availabl. for
SRiver Flow FPL Withdrawal Downstream U:Crs
i cfs cfs Percent cfs Percent
0-40 0 0 40 100.0
40-50 10 20.0 40 80.0
50-60 9 31.7 41 68.3
60-70 8 38.6 43 61.4
70-80 7 I4 41.5 46 58.5
80-90 6 44.5 50 55.5
90-100 5 45.0 55 55.0
100-110 4 44.5 61 55.5
Above 110 No limit except total annual withdrawal set forth above.
During our discussion, you mentioned entering into a permit agreement. We are
agreeable to such an approach providing we can mutually agree on certain features
which are vital to the public interest we represent. The features we have in mind
are those we mentioned to you at our meeting: .The limits will not apply during
initial filling;r there would be a binding recognition of our reasonable and bene-
ficial use (as that phrase is used in Florida Law, particularly Chapter 72-299,
the Florida Water Resources Actt oflerwould b^e some sort of official
allocation of water to us for our use which future users would- have to recognize;
..and,lthere would be some sort of provision for temporary suspension of the limits
Sin force majeure situations where the health, safety and Yelfare might be affected
Sby reduction of the plant generating capability_ due to some need for more water.
We would also desire an understanding that any permit: ultimately agreed upon would
automatically be reissued when the above mentioned Water Resources Act becomes
effective, without further restriction condition or action on our part. We think
it prudent to condition any agreement which may affect existing permits, approvals
or licenses on approval by the issuing agency without further restriction condi-
tion or action on our part above that now prevailing.
We will, of course, be happy to meet with you at your convenience to reduce the
above considerations to agreement form.
"i Very truly yours,
"-Robert J. Gardner -
I cc: Mr. C. DuBose Ausley, Jr. Ausley, McMullen, McGehee & Carothers
|Mr. Wade L. Hopping Mahoney, Hadlow, Chnambers & Adams
Mr. Harold E. Janes Florida Public Service Commission
Mr. R. E. Vaughn Southwest Florida Water Management District
Dr. Robert O. Vernon Florida Department of Natural Resources
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