Title: Verified Complaint and Petition
CITATION PAGE IMAGE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00051243/00001
 Material Information
Title: Verified Complaint and Petition
Alternate Title: Verified Complaint and Petition to Intervene in the Matter of Permit Application of St. Petersburg for CUP for Cypress Creek Wellfield
Physical Description: 4p.
Language: English
Publication Date: Oct. 6, 1975
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 2, Folder 5C ( COSME-ODESSA SFWMD - SWFWMD ), Item 84
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051243
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







personally appeared --IO A *4C ,aeu on

behalf of Covington Development Company, to me known to be

the person who signed the foregoing Verified Complaint and

Petition to Intervene Pursuant to Ch. 403.412 (s) Florida

Statutes for and on behalf of said Company, and stated that he

has full authority to act on behalf of said company and that

the contents hereof are true to the best of his information

and belief.



S, Notary Public
County, Florida
My Commission expires: <-cd-79











The spirit and intent of the SWFMD rules and regulations will

be totally thwarted,

9. Further, the proposed Application violates the

i following provisions of the Pasco County Water Ordinance, among

others; notwithstanding the grant of a "testing" permit by Pasco

County:

a. Statements of policies and objectives.

b. Paragraphs 3(2) (d) ;3 (2) (e) ;3 (2) (f); 3(2)(j);
6(1); 6(3) (b); 6(3) (c); 7(4); 21; and 30.

c, In addition, based upon the lack of available '
data, compliance with section 12 is impossible.

d. In addition, it is maintained that the Applica-
tion as presently drawn is tantamount a
fraud upon the County Commissioners since
only a "foot-in-the-door" arbitrary quantity is
i reflected and said Application does not truly
reflect project size, dimensions, capacity, etc.


ij 10. That based upon the Applicant's ownership of some

1200 acres, the proposed withdrawal is an unreasonable diversion of

water and is some 8.33 times the water crop limitations pro-

i mulgated by Southwest Florida Water Management District,


WHEREFORE, COVINGTON DEVELOPMENT CO., makes this

demand for Intervention and files this Verified Complaint

Spursuant to Ch. 403.412 Florida Statutes.

|i COVINGTON DEVELOPMENT COMPANY,
I A Florida Corporation,




;i Its Vice President

i Dated: October 1, 1975
i


\JURAT

STATE OF FLORIDA )
ki ) SS.
| COUNTY OF PASCO )


i\ On this _J^ day of ..Q... 1975, before
i me, a Notary Public within and for the County of Pasco,


.:'-3-


__________ ______________________ !j











5. The Application filed fails to reflect the fact

that this initial withdrawal is only the first phase of the

wellfield project; the plans for this project include a pipeline

(already built) with a capacity of 130 million gallons per day,

a pumping-treatment plant with an initial capacity of 65 mgd to

130 mgd, and an ultimate project withdrawal of from 50 mgd to

130 mgd,

ji 6, That such a high withdrawal rate without benefit of

i prior testing and a full environmental assessment is plainly

contrary to the spirit and intent of SWFMD, DNR and the Water

! Management acts which clearly place upon the applicant the

i burden of proof of environmental viability. Applicant makes no

such showing and indeed, adequate data is not available for any

j1 such showing.

7. The Environmental Assessment conducted and published

it by Southwest Florida Water Management District (April, 1975)

i clearly points out the dangers to surrounding properties and the

Land O'Lakes area from the proposed wellfield including, drying

'i up of surface water bodies, depletion of the shallow and deep

!; aquifers, sinkholes, alteration of wildlife and vegetation,
; i
i; effect upon the City of Tampa water supply, and others. This

. Study is incorporated herewith by reference. The clear conclusion

i of this Study is that adequate data has not yet been developed.

,I 8. The proposed Application cannot be justified as

| a "test" since the water will be actually consumed and used

h as part of the St. Petersburg water supply. Should harm occur

j to the Land O'Lakes area, it will become difficult if not

i impossible for Pasco County to halt the flow of this water to

SSt. Petersburg residents who will have come to depend upon it.




l~ -2-











STATE OF FLORIDA

BEFORE THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT




IN THE MATTER OF PERMIT APPLICATION
OF ST. PETERSBURG FOR CONSUMPTIVE
USE PERMIT FOR CYPRESS CREEK WELLFIELD.,




VERIFIED COMPLAINT AND
PETITION TO INTERVENE PURSUANT
TO CH, 403,412 (s) FLORIDA STATUTES



COVINGTON DEVELOPMENT COMPANY, a Florida Corporation,

for itself and as managing partner of Lake Padgett Pines, a

Florida co-partnership, herewith files this Verified Complaint

iand Petition to Intervene in the above-referenced proceedings,

pursuant to Ch. 403.412 Florida Statutes, and in support

j whereof shows:

1; 1. There is presently pending before the Southwest

Florida Water Management District ("SWFMD") an Application by the
i .
SCity of St. Petersburg for permission to initiate withdrawal of

; water from wells located at the Cypress Creek Wellfield.

I 2. This Application is made pursuant to the rules of

! SWFMD governing works of the District, Consumptive Use permit

i requirement, as well as the rules and requirements of the Florida

i Department of Natural Resources and the Water Management acts.
( 3. The Application seeks a permit for an initial

Sconsumptive withdrawal at the rate of 10 million gallons per day. r

4. Although ostensibly a "pumping test", this requested

withdrawal is for production and consumptive purposes and will

actually be pumped through the 84 inch pipeline to consumer

customers in the City of St. Petersburg.



-1-

i!


-i -!
,.I




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs