Title: Comments concerning Petition for Writ of Certiorari
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00051139/00001
 Material Information
Title: Comments concerning Petition for Writ of Certiorari
Alternate Title: Memo with comments concerning Petition for Writ of Certiorari.
Physical Description: 3p.
Language: English
Publication Date: Sept. 13, 1976
Spatial Coverage: North America -- United States of America -- Florida
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051139
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

September 13, 1976

RE: FILE NO. 19721

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Here is another Petition for Writ of Certiorari.
Copies of the pleadings have previously been sent to
you and J. Ahern.

At the meeting on September 8, 1976 I read most of
the Petition.

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. I believe it essential to
know exactly what is filed as part of the transcript
of record and the form it is filed in. 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.

C.U.P. Application No. 7500004 relates to the Cosme-
Odessa well field.

C.U.P. Application No. 7500003 relates to the Section
21 well field.

Both were subject to prior regulatory orders from SWFWMD
SWFWMD (R) was created by Southwest Florida Water Manage-
ment District by Resolution No, 268 under authority of Section
373.142, Florida Statutes, on October 39, 1968.

Page No. 2

A public hearing was held before the board on
December 8, 1971 and January 12, 1972 which resulted
in the Regulatory Agency issuing Order No. 72-1 relating
to the operation by the City of St. Petersburg of the
Cosne-Odessa well field and the Section 21 well field in
Hillsborough County, and the Pasco well field in Pasco

All of the preceding was done by the members of
the Governing Board sitting as Southwest Florida Water
Management District (R).

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 aa amended (Chapter 72-730, Laws
of Florida, As Amended) which included parts of Pasco,
Pinellas and Hillsborough County, including the area in
which the Cosie-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's well fields)
awr 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's well fields which are
set forth in paragraphs 23 thru 28.

Please note that paragraph 27(a) sets forth verbatim a
modification to paragraphs 1 thru 4, 6 and 7 of SWFWMD (R)
Order No. 72-1 and specifically provides a modified paragraph
3(d) that the total maximum withdrawal of the Cosaie-Odessa
well field should not exceed one hundred and sixty eight million
gallons per week, which amount shall not be figured k-mival wy l
It further provides that production shall be reasonably balanced
between the two well fields.

Page No. 3

Paragraph 35 of the agreement affirms that on
November 1, 1973 the City Council of St. Petersburg
approved the terms of the agreement and the execution

Order No. 73-6R was entered by SWFWMD (R) on November
14, 1973 pursuant to the stipulation and setting forth the
new provision 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 two fields.

Order No. 74-2R, amending Order 73-6R (which subsequently
was renumbered as 74-11R) made certain modifications to the
earlier provisions bit not relating to a specific amount of
pumpage. 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
observation well.

The provisions of Order NoS 76-1 and 76-2-e 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.


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