October 26, 1976
RE: City of St. Pete v. SWFWMD
Petition for Writ of Certiorari
Case No. 76-1435
Here is the Petition for Writ of Certiorari. Copies have
been sent to Jay Ahern.
I read most of the Petition to the Board Members at the meeting
on September 8, 1976.
I see nothing wrong with consenting to extending the time for
filing brief and transcript as requested by the City.
I do not think we should waive service of the transcript of
record on us. It is essential we know exactly what is filed
as part of the transcript of record and the form. In addition,
it's going to be necessary for us to make a copy anyway, if
we are to have it available for use in this office so it would
seem appropriate to object to that motion.
The two Orders sought to be reviewed have been placed in the
file. They are:
1. CUP Application No. 7500004 relating to the Cosme-
Odessa Well Field.
2. CUP Application No. 7500003 relating to the Section
21 Well Field.
Both were subject to prior regulatory orders from SWFWMD(R).
A regulatory district designated as Southwest Florida Water
Management District (Regulatory) was created by Southwest
Florida Water Management District by Resolution No. 268 under
authority of Section 373.142, Florida Statutes, on October 30, 1968.
A public hearing was held before the board on December 8, 1971
and January 12, 1972 which resulted in the SWFWMD(R) issuing
Order No. 72-1 relating to the operation by the City of St. Peters-
burg of the Cosme-Odessa Well Field and the Section 21 Well Field
in Hillsborough County, and the Pasco Well Field in Pasco County.
All of the preceding was done by the members of the Governing
Board sitting as Southwest Florida Water Management District
On July 11, 1973 the Governing Board, sitting as Southwest
Florida Water Management District, held a public hearing and
declared a water shortage pursuant to Section 378.152, Florida
Statutes as amended (Chapter 72-730, Laws of Florida, As
Amended) which included parts of Pasco, Pinellas and Hillsborough
County, including the area in which the Cosme-Odessa and Section
21 Well Fields are located. This Order was subsequently amended
several times relating to the water shortage.
Order 73-5D was entered by the District on September 12, 1973
in reference to the St. Petersburg Well Fields, setting
regulatory levels as well as limiting the amount of withdrawal
from the Pasco Well Fields.
As you recall, similar Orders were being entered relating to
Pinellas County and after extensive negotiations a five party
agreement was entered on November 14, 1973. One of the parties
was SWFWMD, another was SWFWMD(R), another party was the City
of St. Petersburg.
The terms of the agreement included specific provisions
relating to the three St. Petersburg Well Fields which are
set forth in paragraphs 23 thru 28.
Please note that paragraph 27(a) sets forth verbatim a proposed
modification to paragraphs 1 thru 4, 6 and 7 of SWFWMD(R) Order
No. 72-1 and specifically provides a modified paragraph 3(d)
which provides that the total maximum withdrawal from the Cosme-
Odessa and Section 21 Well Fields shall not exceed one hundred
and sixty-eight million gallons per week, which amount shall not
be figured cumulatively. It further provides that production
shall be reasonably balanced between the two well fields.
This was affirmed by the City Council of St. Petersburg on
November 1, 1973 as set forth in paragraph 35 of the agreement.
Order No. 73-6R subsequently was entered by SWFWMD(R) on November
14, 1973 pursuant to the stipulation, setting forth the provi-
sions for the three well fields. Paragraph 3(d) contains the
provision limiting the withdrawal to one hundred and sixty-eight
million gallons per week with production reasonably balanced
between the Cosme-Odessa and Section 21 Well Fields.
Order No. 74-2R, amending Order 73-6R (which subsequently was
renumbered as 74-llR) made certain modifications to the earlier
provisions. These changes are not related to specific amounts
of pumpage. Order No. 74-3R also made further modifications but
basically these related to certain observation wells. Subsequently,
Order No. 74-7R made further modifications relating to the
The provisions of Order Nos. 76-1 and 76-2, being appealed,
contain substantially the same provisions as were set forth
in the five party agreement.
The one point not covered by the earlier agreement is determining
the quantity of water being used before January 1, 1975. This
determines the amount of existing use and is based upon the
actual pumpage for the calendar year immediately preceding
implementation of the CUP program.