Title: WCRWSA vs. SWFWMD vs. Ben Hill
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 Material Information
Title: WCRWSA vs. SWFWMD vs. Ben Hill
Alternate Title: WCRWSA vs. SWFWMD vs. Ben Hill, III. No. 200004. Petition for Formal Proceedings CUP. Cosme-Odessa Wellfield.
Physical Description: 9p.
Language: English
Publication Date: July 18, 1983
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 2, Folder 5C ( COSME-ODESSA SFWMD - SWFWMD ), Item 45
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00051205
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











WHEREFORE, Petitioners request;

(1) That SWFWMD refer this petition to the Division of

Administrative Hearings for the appointment of a hearing officer

to conduct a formal proceeding, pursuant to Section 120.57(1)(b)

13, Florida Statutes. (Chapter 83-78, Laws of Florida).

(2) That formal proceedings be conducted in accordance with

the provisions of Section 120.57(1), Florida Statutes, and

Florida Administrative Code Chapter 28-5; and

(3) That a Recommended Order be issued advising SWFWMD to

grant Petitioners' application.

Respectfully submitted this the day of

1983.

de la PARTE & GILBERT, P.A.





CarT Linn Edward P. de la Party
267 75th Avenue 705 E. Kennedy Boulevard
St. Petersburg Beach, FL 33706 Tampa, Florida 33602
Telephone: 813/360-2464 Telephone: 813/229-2775
ATTORNEY FOR THE CITY OF ATTORNEYS FOR WEST COAST
ST. PETERSBURG REGIONAL WATER SUPPLY
AUTHORITY AND THE CITY OF
ST. PETERSBURG


























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39. ST. PETERSBURG has implemented effective water

conservation measures and reduced the per capital use of water.

40. The water from the Cosme-Odessa wellfield will serve a

large number of residents in ST. PETERSBURG and is therefore

consistent with the public purpose.

41. The existing public water supply systems in the

northwest Hillsborough County region, including the Section 21

and Cosme-Odessa wellfields, have already been found to be a

reasonable and beneficial use of the water and consistent with

the public interest.

42. The renewal application simply seeks to continue

existing pumping and therefore it will have no significant effect

on other legal existing uses of water in the area.

43. SWFWMD has not established regulatory levels or rates

of flow for streams or water courses in the area.

44. Minimum levels for surface waters have been established

for some lakes in the area, but the effect of ground water

withdrawals on surface water bodies will not be significant.

45. The Cosme-Odessa wellfield is a substantial distance

from the nearest coastline and will not significantly induce salt

water encroachment.

46. The proposed withdrawal is from the Floridan aquifer

and the effects of this withdrawal on lake stages or vegetation

will not be significant.

47. The proposed withdrawal is not from a stream or

watercourse and therefore will not reduce the rate of flow of any

stream or watercourse.

48. SWFWMD routinely grants exemptions from Fl6rida

Administrative Code Rules 40D-2.301(3),(b), (c), and (d) for

public water supply facilities.

49. The proposed withdrawal of water will not cause the

potentiometric surface of the aquifer to be lowered below sea

level.

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31. Whether the withdrawal of water will cause the surface

of water in any lake or other impoundment to be lowered more than

1 foot unless the lake or impoundment is wholly owned, leased or

otherwise controlled by ST. PETERSBURG or WCRWSA or, in the

alternative, whether SWFWMD should grant an exemption for good

cause pursuant to Florida Administrative Code Rule 40D-

2.301(4)? Fla. Admin. Code Rule 40D-2.301(3)(d).

32. Whether the withdrawal of water will cause the

potentiometric surface to be lowered below sea level or, in the

alternative, whether SWFWMD should grant an exemption for good

cause pursuant to Florida Administrative Code Rule 40D-

2.301(4)? Fla. Admin. Code Rule 40D-2.301(3) (e).

33. Whether consumptive use of water through the Cosme-

Odessa wellfield was 9 million gallons per day on January 1,

1975?

34. Whether the potentiometric surface regulatory levels

for the Floridan aquifer underlying the wellfield, which were

established by the existing permit, are based on competent,

substantial evidence and whether they should be included in any

new consumptive use permit?

35. Whether the condition found in the existing permit

limiting combined withdrawals from the Section 21 and Cosme-

Odessa wellfields on the basis of cumulative weekly average

elevations of the potentiometric surface in the Floridan aquifer

is based on competent substantial evidence and whether it should

be included in any new consumptive use permit?

36. Whether the duration of the new permit should be long-

term in view of the fact it is the renewal of an existing permit.

Facts, Rules And Statutes Which Entitle
Petitioners To Relief

37. Public water supply is generally considered to be a

reasonable and beneficial use of water.

38. Water withdrawn from the Cosme-Odessa wellfield is an

essential part of the water supply system of ST. PETERSBURG and

is necessary to adequately meet the needs of municipal residents.
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should grant an exemption for good cause pursuant to Florida

Administrative Code Rule 40D-2.301(4)? Fla. Admin. Code Rule

40D-2.301(2) (c) .

26. Whether the issuance of the permit will significantly

induce salt water encroachment or, in the alternative, whether

SWFWMD should grant an exemption for good cause pursuant to

Florida Administrative Code Rule 40D-2.301(4)? Fla. Admin. Code

Rule 40D-2.301 (2)(d).

27. Whether the issuance of the permit will cause the water

to be lowered so that lake stages or vegetation will be adversely

and significantly affected on lands other than those owned,

leased or otherwise controlled by ST. PETERSBURG and WCRWSA or,

in the alternative, whether SWFWMD should grant an exemption for

good cause pursuant to Florida Administrative Code Rule 40D-

2.301(4)? Fla. Admin. Code Rule 40D-2.301(2)(e).

28. Whether the withdrawal of water from a stream or other

water course will reduce the rate of flow by more than 5% at the

time and point of withdrawal or, in the alternative, whether

SWFWMD should grant an exemption for good cause pursuant to

Florida Administrative Code Rule 40D-2.301(4)? Fla. Admin. Code

Rule 40D-2.301(3) (a).

29. Whether the withdrawal of water will cause the level of

the potentiometric surface under lands not owned, leased or

otherwise controlled by ST. PETERSBURG or by WCRWSA to be lowered

more than 5 feet or, in the alternative, whether SWFWMD should

grant an exemption for good cause pursuant to Florida

Administrative Code Rule 40D-2.301(4)? Fla. Admin. Code Rule

40D-2.301(3) (b).

30. Whether the withdrawal of water will cause the level of

the water table under lands not owned, leased or otherwise

controlled by ST. PETERSBURG or WCRWSA to be lowered more than 3

feet or, in the alternative, whether SWFWMD should grant an

exemption for good cause pursuant to Florida Administrative Code

Rule 40D-2.301(4)? Fla. Admin. Code Rule 40D-2.301(3) (c).


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Facts Demonstrating Effects Upon

Petitioners Substantial Interests

19. ST. PETERSBURG has a substantial interest in that it is

a municipal purpose to supply public drinking water to municipal

residents. ST. PETERSBURG has no economical alternative public

supplies of water within its municipal boundaries and is

dependent upon the Cosme-Odessa wellfield for public water

supply. WCRWSA has contractual obligations to operate and manage

this wellfield for ST. PETERSBURG and has been specifically

delegated the duty to renew the existing consumptive use permit.

Disputed Issues Of Material Fact

20. Whether the intended consumptive use of water is a

reasonable beneficial use? 373.223(1) (a), Fla. Stat.

21. Whether the intended consumptive use of water is

consistent with the public interest? 373.223(1)(b), Fla. Stat.

22. Whether the intended consumptive use of water will

interfere with any presently existing legal use of water?

373.223(1)(c), Fla. Stat.

23. Whether the issuance of the permit will cause the rate

of flow of a stream or water course to be lowered below a

regulatory level established by SWFWMD or, in the alternative,

whether SWFWMD should grant an exemption for good cause pursuant

to Florida Administrative Code Rule 40D-2.301(4)? Fla. Admin.

Code Rule 40D-2.301(2)(a).

24. Whether the issuance of the permit will cause the level

of the potentiometric surface to be lowered below the regulatory

level established by the SWFWMD or, in the alternative, whether

SWFWMD should grant an exemption for good cause pursuant to

Florida Administrative Code Rule 40D-2.301(4)? Fla. Admin. Code

Rule 40D-2.301(2) (b).

25. Whether the issuance of the permit will cause the level

of the surface water to be lowered below the minimum level

established by SWFWMD or, in the alternative, whether SWFWMD


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14. In preparation for the September, 1982 hearing on the

renewal application, several objectors conferences were held to

permit SWFWMD to inform the public of the application and to

permit the public to voice their concerns about that application.

15. In preparation of the September, 1982 public hearing,

SWFWMD issued an evidentiary evaluation of the renewal

application which recommended that the consumptive use permit be

issued with certain conditions. However, the evaluation

recommended a reduction of the permitted daily average withdrawal

to 13 million gallons per day but recommended the continuation of

the maximum daily limit of 22 million gallons per day.

16. This application was scheduled to be heard by SWFWMD at

the September, 1982 public hearing in conjunction with the public

hearing on the Northwest Hillsborough Regional Well System and

the Section 21 wellfield. However, the public hearing was

continued to allow WCRWSA and Hillsborough County additional time

to revise the configuration of the Northwest Hillsborough

Regional Well System.

17. The application submitted by WCRWSA and ST. PETERSBURG

for the Cosme-Odessa wellfield included a request that at times

when the Northwest Hillsborough Regional Well System could not

meet its needs, WCRWSA could withdraw water from the Section 21

and the Cosme-Odessa wellfields to supplement the Northwest

Hillsborough Regional Well System. This concept was approved in

the SWFWMD evidentiary evaluation.

18. The water is withdrawn by these wells from aquifers

beneath the area. The surficial aquifer consists of

unconsolidated deposits of undifferentiated sands ranging in

thickness from 10' to 50'. A layer of clay separates this upper

zone from the consolidated rocks of the Floridan aquifer. The

Floridan aquifer is made up of the Tampa, Suwannee, Ocala, and

Avon Park limestones, which can extend to a depth of over 800'.



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8. In 1960, ST. PETERSBURG developed an additional

wellfield on nearby property known as Section 21.

9. On January 1, 1975, SWFMWD implemented a program for the

issuance of permits authorizing the consumptive use of water.

All uses of water which existed on the effective date of the

program were permitted to continue as long as the use of water

was a reasonable beneficial use.

10. In September, 1975, ST. PETERSBURG applied for a

consumptive use permit for thirteen wells located in the Cosme-

Odessa wellfield. The application sought recognition of a prior

existing use of 9 million gallons per day and sought authority to

withdraw an additional 10 million gallons on a daily average.

The application requested 19 million gallons per day on a daily

average and 22 million gallons per day on a maximum daily basis.

11. In August of 1976, permit #7500004 was issued to ST.

PETERSBURG authorizing the requested withdrawal of water in the

Cosme-Odessa wellfield. The permit established potentiometric

surface regulatory levels for the Floridan aquifer underlying the

wellfield, and it authorized a 3 foot variance from existing

regulatory levels under certain conditions.

12. In December of 1981, ST. PETERSBURG and WCRWSA entered

into an operation and management agreement for the Section 21 and

Cosme-Odessa wellfields. By this contract, WCRWSA assumed the

operation and management of the two wellfields. At the same

time, the parties executed a water exchange contract which

authorized WCRWSA to withdraw water from one part of ST.

PETERSBURG'S water supply system and deliver into that system at

another point water produced at other facilities.

13. In December of 1981, WCRWSA and ST. PETERSBURG filed an

application for a renewal of the Cosme-Odessa consumptive use

permit. This application sought to maintain the withdrawal of

water authorized by the prior consumptive use permit.



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Petitioner's address is 2280 U.S. Highway 19, N. Suite 121,

Clearwater, Florida 33515.

2. Petitioner, the CITY OF ST. PETERSBURG, ("ST.

PETERSBURG"), is a municipal corporation of the State of Florida

and a member of WCRWSA. Its address is Post Office Box 2842, St.

Petersburg, Florida 33731.

3. Respondent, SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

("SWFWMD") is a state agency duly created and validly existing

pursuant to Chapter 373, Florida Statutes. Respondent is

authorized and directed to require permits for consumptive uses

of water. Ch. 373, Part II, Fla. Stat.;. Fla. Admin. Code Ch.

40D-2. Its address is 5060 U.S. Highway 41, South, Brooksville,

Florida 33512. The identification number for WCRWSA's and ST.

PETERSBURG'S permit application is 200004. The names and numbers

of the relevant SWFWMD files are unknown.

4. Intervenor, BEN HILL, is a resident of northwest

Hillsborough County and his address is Post Office Box 3324,

Tampa, Florida 33601. He was permitted by SWFWMD to intervene

in this permit proceeding at its regular September, 1982 meeting.



Background

5. The Pinellas Water Company developed a wellfield in

northwest Hillsborough County in 1929 known as the Cosme

wellfield.

6. ST. PETERSBURG purchased the Pinellas Water Company in

1940 and part of this purchase included the Cosme wellfield.

7. During the years of 1950 through 1955, the Cosme

wellfield was expanded along the Seaboard Airline Railroad

rights-of-way south and east of Odessa, and the wellfield became

known as the Cosme-Odessa wellfield. This wellfield included

approximately 642 acres and provided drinking water to the

residents of ST. PETERSBURG.



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STATE OF FLORIDA
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT


WEST COAST REGIONAL WATER SUPPLY
AUTHORITY, and CITY OF ST. PETERSBURG,

Petitioners,
) SWFWMD No.
vs. ) 200004

SOUTHWEST FLORIDA WATER MANAGEMENT
DISTRICT, ) DOAH Case No.

Respondent, )

vs. )

BEN HILL, III, )

Intervenor. )






PETITION FOR FORMAL PROCEEDINGS

CONSUMPTIVE USE PERMIT

COSME-ODESSA WELLFIELD

Petitioners, WEST COAST REGIONAL WATER SUPPLY AUTHORITY and

the CITY OF ST. PETERSBURG, by and through their undersigned

attorneys and pursuant to Sections 120.57(1), 120.57(1)(b) 13,

and 120.60(1) Florida Statutes, and Florida Administrative Code

Rules 40D-1.121 and 28-5.201, request a formal hearing and in

support allege:

Identification of Parties

1. Petitioner, WEST COAST REGIONAL WATER SUPPLY AUTHORITY

("WCRWSA") is an interlocal governmental agency, duly created and

validly existing pursuant to Section 373.1962, Florida Statutes

Section 163.01, Florida Statutes, and an interlocal agreement

dated October 25, 1974, between Pinellas County, Pasco County,

Hillsborough County, the City of Tampa and the City of St.

Petersburg. Petitioner is authorized to acquire water and water

rights; develop, store and transport water; and to provide, sell

and deliver water for county or municipal purposes and uses.


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