| Material Information
||City of St. Petersburg v. Southwest Florida Water Management District
||City of St. Petersburg v. Southwest Florida Water Management District, 355 So.2d 797 (Fla. 2nd D.C.A. 1977), cert. denied, 368 So.2d 1364 (Fla. 1979). Summary of Facts, Issues, and Holding.
||North America -- United States of America -- Florida
||Box 2, Folder 4 ( ST. PETERSBURG, CITY OF V. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ), Item 1
||Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
CITY OF ST. PETERSBURG v. SOUTHWEST FLORIDA WATER MANAGEMENT
DISTRICT, 355 So. 2d 796 (Fla. 2nd D.C.A. 1977),
cert. denied, 368 So. 2d 1364 (Fla. 1979)
In 1975, the City of St. Petersburg applied to the SWFWMD for
consumptive use permits for the withdrawal of water from the
Cosme-Odessa and Section 21 well fields. SWFWMD subsequently
issued permits authorizing the withdrawal in amounts less than
requested by the city. The city petitioned for certiorari
seeking review of the agency action.
Had the legislature intended that any limitation on water
withdrawal established by water management districts be set by
establishing a minimum level of water in the aquifer rather than
allowing districts to restrict withdrawal according to a set
number of gallons.
Whether the district erred in determining the city's existing
Whether the district rule (water crop) was in derogation of the
stated policy of Chapter 373, Florida Statutes, i.e., the maximum
use of the water resources.
Boardman, C.J., in denying the petition for the writ, held that:
Statutory directives allow SWFWMD to restrict
withdrawal according to a set number of gallons.
Section 373.229, Florida Statutes. Allocation of water
resources by a volume measurement is not contrary to
the state's policy of maximum use of the resources and
is consistent with its policy of conservation of
resources. Section 373.016, Florida Statutes.
-- The city failed to show that the water crop theory was
applied in the instant case.
-- The city failed to show any injury or hardship
resulting from the district's action on the