Title: City of St. Petersburg v. Southwest Florida Water Management District
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Permanent Link: http://ufdc.ufl.edu/UF00051124/00001
 Material Information
Title: City of St. Petersburg v. Southwest Florida Water Management District
Alternate Title: 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.
Physical Description: 1p.
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 2, Folder 4 ( ST. PETERSBURG, CITY OF V. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ), Item 1
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051124
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text






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)




FACTS

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.


ISSUES

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
water usage.

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.


HOLDING

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
application.


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