Title: Letter opposing the grant of a CUP
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 Material Information
Title: Letter opposing the grant of a CUP
Alternate Title: Letter opposing the grant of a CUP to St. Petersburg for the Cypress Creek Well field, enclosing Verified Complaint and Petition to Intervene Pursuant to Ch. 403.412 (s) Florida Statutes.
Physical Description: 5p.
Language: English
Publication Date: Oct. 8, 1975
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 2, Folder 5C ( COSME-ODESSA SFWMD - SWFWMD ), Item 85
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051244
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 ...... k C ,on
b-
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.



otary Public
County, Florida
My Commission expires: ';-<7-79







The spirit anu intent of the SWFMD rules nd regulations will

be totally thwarted.

9. Further, the proposed Application violates the

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) () ; 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 i
reflected and said Application does not truly
reflect project size, dimensions, capacity, et


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

1200 acres, the proposed withdrawal is an unreasonable diversion o

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

mulgated by Southwest Florida Water Management District.


WHEREFORE, COVINGTON DEVELOPMENT CO., makes this

demand for Intervention and files this Verified Complaint

pursuant to Ch. 403.412 Florida Statutes.
COVINGTON DEVELOPMENT COMPANY,
A Florida Corporation,





Its Vice President 1

Dated: October #, 1975


JURAT

STATE OF FLORIDA )
) SS.
COUNTY OF PASCO )


On this 1 day of c L ,1 1975, before

me, a Notary Public within and for the County of Pasco,







5. Ihe Application filed fail., Lo 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.

6. That such a high withdrawal rate without benefit of

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

burden of proof of environmental viability. Applicant makes no

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

such showing.

7. The Environmental Assessment conducted and published

by Southwest Florida Water Management District (April, 1975)

clearly points out the dangers to surrounding properties and the

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

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

aquifers, sinkholes, alteration of wildlife and vegetation,

effect upon the City of Tampa water supply, and others. This

Study is incorporated herewith by reference. The clear conclusion

> 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

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

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

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

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




-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

and Petition to Intervene in the above-referenced proceedings,

pursuant to Ch. 403.412 Florida Statutes, and in support

whereof shows:

1. There is presently pending before the Southwest

Florida Water Management District ("SWFMD") an Application by the

City of St. Petersburg for permission to initiate withdrawal of

water from wells located at the Cypress Creek Wellfield.

2. This Application is made pursuant to the rules of

SWFMD governing works of the District, Consurr.ptive Use permit

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

Department of Natural Resources and the Water Management acts.

3. The Application seeks a permit for an initial

consumptive withdrawal at the rate of 10 million gallons per day.

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

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-








NI C HA E I 1 E 1 L ., P. C.
ATTORNEY AND) COUNSELOR AT LAW'
1051 B1 l. B 1 U1 I..1)I-N C
DETRO I, IX ICHIGCA 482A 0
October 8, 1975
(313 (,;4-3150








Director,
Southwest Florida Watet Management District
P.O. Box 457
Brooksville, Florida

Re: Pending Application of City of
St. Petersburg for ConumpYtive
Us-e Permit form Cypress Creek
Wellfield




Dear Sirs:

The City of St. Petersburg and/or Pinellas County
have recently filed an Application for Consumptive Use
Permit to withdraw ground water from Cypress Creek Wellfield
in Pasco County.

Enclosed please find a Petition to Intervene on
behalf of my clients. The basis,of our intervention is
that we oppose the grant of this permit for the reasons
set forth in the annexed petition.

As Intervenors we request copies of all notices,
hearing dates or other actions taken with regard to this
pending matter.

Thank you in advance for your cooper io

You e y 1 ,

S/



MHF/dh
ends.

cc: Fletcher DychesEsq.
Courtesy copies: Jacob D, Varn, Esq.
Carl Linn, Esq,




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