| Material Information
||Memorandum dated June 5, 1979 requesting clarification of ambiguities
||Memorandum dated June 5, 1979 requesting clarification of ambiguities in several Orders and Permits for Cosme-Odessa, South Pasco well field, Cypress Creek well field.
||North America -- United States of America -- Florida
||Box 2, Folder 5C ( COSME-ODESSA SFWMD - SWFWMD ), Item 57
||Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
Page 2 JUN 08 1979
June 5, 1979
Peni to 8. A. Vergara
In this pararaah I believe the phrase "as determined cumulatively" should
be deleted since the 5-foot leeway allowance surely references the weekly
average elevations, not the cumulative weekly average. The remainder of
the paragraph corroborates this Interpretation.
Paragraph 10(b)(2) has the same phrase reversal referred to in Number 1,
I recomtnd that the legal staff scrutinize the above mentioned Orders and
Permits and that the ambiguities be resolved at the time of renewal.
cc: L. M. Blain
June 5, 1979
JUN 0 81979
TO: 8. A. VERSARA, Director, Regulatory Division
THROUGH: H. V. AIKEM, Chief, Hydrologic Review Section
J. R. ENGLERT, Chief, Processing and Records Section
FROM: R. C. McCLURE, Supervisor of Permits, Processing & Records Section
RE: CUP Files 0003, 000 3647., 350
Listed below are excerpts from several wellfield Orders and Permits which
contain either misleading or ambiguous phrasing. All the following examples
are in reference to regulatory levels:
1I Order 74-11R, Paragraph 3(c), referring to Cosme Odessa and Section 21
"..,Curulative weekly average elevations shall not carry over from one
production year to another, and production causing regulatory levels to
drop below the cumulative weekly average elevations shall only be permitted
during the first six weeks of each production year."
In this sentence the phrases "regulatory levels" and "cuwulative weekly
average elevations" should be reersed so that the sentence reads:
"....Cumlative weekly average elevations shall not carry over from one
production year to another, and production causing cumulative weekly
average elevations to drop below the regulatory levels shall only be
permitted during the first six weeks of each production year."
In this sa$e Order, Paragraph 4(d) also contains this error, but since it
is in reference to South Pasco Wellfteld I assume it is superceded by
Order No. 78-38 and CUP No. 3647,
2. CUP No. 3547, Paragraph 10(a)(4), referring to South Pasco wellfield.
This paragraph has the same phrase reversal referred to in Nunber I, above.
3. CUP No. 3650, Paragraph 10(b)(l) & (2), referring to Cypress Creek Wellfield.
"At no time other than during the stress test provided for in 10(a) shall
the weekly average elevations of the potentiometric surface of the Floridan
aquifer as determined cumulatively be more than 5 feet (5') below the
elevations~set forthITntihe schedule below.'