Title: Petition for Formal Proceedings
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Permanent Link: http://ufdc.ufl.edu/UF00051275/00001
 Material Information
Title: Petition for Formal Proceedings
Alternate Title: Petition for Formal Proceedings Consumptive Use Permit Northwest Hillsborough Regional Well System, including Exhibit "A."
Physical Description: 21p.
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 116
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051275
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







CUP NO. 206676 (N.W. Hillsborough)
West Coast Regional Water Supply
Authority & I.'llsborough County

b. Feasibility of increased supply to the St. Petersburg water distribution system from

the Cypress Creek Well Field.



c. Feasibility of interconnection between Starkey Well Field and the existing 84" pipeline

form Cypress Creek Well Field.



d. Potential for reuse of treated wastewater discharge. .^



e. Methods for improving water supply capacity for the south-central Hillsborough

County area. .



f. Feasibility of using the Tampa Bypass Canal as a water supply source.



g. Feasibility of installing supply wells along existing and proposed water pipelines.



hb. Potential for establishing uniform water pressure and quality standards for inter-

connected systems.



i. Potential for further development of surface water sources in tri-county area.



j. Potential for use of low quality water with desalinization.



k. Feasibility of developing recharge/recovery facilities.



Quarterly progress reviews of the plan shall be provided by WCRWSA to the Director of

Resource Regulation and member governments of the Authority throughout the term of the

Permit. Minutes of the quarterly reviews shall be provided to members of the District



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: 1. :









S06/29/83



SOUTH "EST FLORIDA WATER MANAGEMENT DISTRICT
(SWFWMD)
CONSUMPTIVE USE PERMIT


PERMIT GRANTED TO: PERMIT NO.: 206676 (N.W. Hills)
West Coast Regional Water Supply DATE PERMIT GRANTED: August 3, 1983
Authority & Hillsborough County DATE PERMIT APPLICATION FILED:
2280 U.S. Hwy. 19 North, Suite 121 December 28, 1981
Clearwater, Florida 33515 PERMIT EXPIRES ON: September 1, 1987
(Legal Name and Address) SOURCE CLASSIFICATION: Groundwater
USE CLASSIFICATION: Public Supply

TERMS AND CONDITIONS OF THIS PERMIT ARE AS FOLLOWS:

1. That all statements in the application and in supporting data are true and accurate and based
upon the best information available, and that all conditions set forth herein will be complied
with. If any of the statements in the application and in the supporting data are found to be
untrue and inaccurate, or if applicant fails to comply with all of the conditions set forth
herein, then this Permit shall become null and void.

2. This Permit is predicated upon the assertion by applicant that the use of water applied for
and granted is and continues to be a reasonable beneficial use as defined in Section
373.019(5), Florida Statutes, is and continues to be consistent with the public interest, and
will not interfere wih any legal use of water existing on the date this Permit is granted.

3. In granting this Permit, SWFWMD has, by regulation, reserved from use by applicant, water
in such locations and quantities, for such seasons of the year, as it determines may be
required for the protection of fish and wildlife and the public health and safety. Such reser-
vations are subject to periodic review and revision in light of changed conditions.

4. Based upon the application and supporting documents, SWFWMD finds that the applicant's
consumptive use of water of 3,641000 gallons per day was in existence before January I,
1975 at the average annual withdrawal rate of 3,641,000 gallons per day. .

5. Nothing in this Permit should be construed to limit the authority of Southwest Florida Water
Management District to declare water shortages and issue orders pursuant to Section
373.175, Florida Statutes, or to formulate a plan for implementation during periods of water
shortage pursuant to Section 373.246, Florida Statutes.

6. This Permit authorizes the applicant named above to make a combined average annual
withdrawal of 8,800,000 gallons of water per day with a maximum combined withdrawal rate
not to exceed 18,400,000 during a single day. Withdrawals are authorized as shown in the
table below.












EXHIBIT "A"




















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CUP NO. 206676 (N.W. Hillsborough)
West Coast Regional Water Supply
Authority & Hillsborough County.

Governing Board and the WCRWSA Board by January 1, 1983, and subsequently by April 1,

July 1, October 1, and January 1 of each year.



Authorized Signature, SWFWMD
Applicants hereby certify that applicants do or will legally control the property covered by this appli-
cation, that the information contained in this application is true and accurate and, if applicant is a
corporation or a partnership, that the undersigned has the legal authority to execute this application
and affidavit on behalf of said corporation or partnership.


Signature of Applicant


Signature of Co-Applicant
Sworn to and subscribed before me
this day of
19 .


Notary Public

My Commission Expires:
































12
0



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CUP NO. 206676 (N.W. Hillsborough)
West Coast Regional Water Supply
Authority & Hillsborough County "


7.

CUP e WITHDRAWAL POINT USER GALLONS PER DAY GALLONS PER DA1 ?.

FACILITY LATITUDE LONGITUDE ID # AVERAGE MAXIMUM


200768 1. 28 02 18 82 31 11 FV-1 32,000 72,000 "

Fairway

Village


200912 2. 28 05 34 82 28 05 WB-1 75,000 233,000

Woodbriar


200913 3. Z8 04 41 82 29 35 CC-1 157,000 470,000

Cherry 4. 28 04 26 82 29 45 CC-Z (Standby) 157,000 470,000

Creek Total 157,000 470,000 .')


202692 5. 28 00 06 82 32 41 BR-1 -0- -0-

Benjamin 6. 28 00 04 82 32 39 BR-3 -0- -0-

Road 7. 28 00 03 82 32 49 BR-4 -0- -0-

8. 28 00 14 82 32 39 BR-5 -0- -0-

9. Z8 00 22 82 32 44 BR-6 -0- -0- .)


202695 10. 28 04 52 82 28 07 LW-2 -0- -0-

Lakewood 11. 28 04 52 82 28 07 LW-3 -0- -0-























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CUP NO. 206676 (N.W. Hillsborough)
West Coast Regional Water Supply
Authority & Hillsborough County

204011 12. 28 02 54 82 33 08 HR-1 80,000 160,000

Henderson 13. 28 02 59 8Z 32 51 HR-2 80,000 m 160,000

Road



204476 14. 28 02 45 82 31 39 PL-1 168,000 336,000

Plantation 15. 28 02 46 82 31 28 PL-2 280,000 560,000

16. Z8 03 48 82 31 39 PL-3 168,000 336,000

17. 28 02 42 72 31 20 PL-4 280,000 560,000

Total 896,000 1,792,000


205064 18. 28 09 39 82 34 46 CW-1 14,000 28,000

Crippenwood



200356 19. 28 01 33 82 34 28 RO-1 150,000 300,000

River Oaks 20. 28 01 31 82 34 20 RO-2 220,000 430,000

21. 28 01 31 82 33 59 RO-3 300,000 600,000

22. 28 01 43 82 34 44 RO-4 50,000 300,000

23. 28 01 39 82 33 32 RO-5 360,000 720 000

Total 1,080,000 2,350,000


204012 24. Z8 09 22 82 29 38 SLP-1 93,000 200,000

Sun Lake

Park











3





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CUP NO. 206676 (N.W. Hillsborough)
West Coast Regional Water Supply
Authority & Hillsborough County

200588 25. 28 04 47 82 33 07 CM-1 400,000 800,000

Carrollwood 26. 28 04 47 82 33 03 CM-Z 400,000 800,000

Meadows 27. 28 04 45 8Z 33 06 CM-3 (Standby) 4-00000 800,000

Total 800,000 1,600,000


200743 28. 28 05 38 82 30 24 ND-1 317,000 712,000

Northdale 29. 28 06 12 82 31 53 ND-2 317,000 712,000

30. 28 06 19 82 31 57 ND-3 317,000 712,000

Total 951,000 2,136,000



202637 31. 28 04 12 82 31 11 DM-1 671,000 1,230,000

Dale 32. 29 04 49 82 30 33 DM-2 671,000 1,230,000

Mabry Total 1,342,000 2,460,000



203571 33. 28 05 45 82 32 17 CP-1 595,000 1,120,000

Country -34. 28 05 52 82 31 58 CP-Z 595,000 1,120,000

Place 35. 28 05 50 82 31 57 CP-3 595,000 1,120,000

Total 595,000 1,120,000



204624 36. 28 06 14 82 29 42 NL-2 540,000 1,135,000

North 37. Z8 06 15 82 29 25 NL-3 540,000 1,135,000

Lakes Total 1,080,000 2,270,000



204273 38. 28 03 50 82 35 17 SR-1 -0- -0-

Sheldon 39. 28 03 38 82 35 10 SR-2 2,000,000 2,000,000

Road














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j o


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Si -












CUP NO. 206676 (N.W. Hillsborough)
West Coast Aegional Water Supply
Authority & Hillsborough County

40. NW-1 2,000,000 3,000,000

NWH 41. NW-2 2,000,000 3,000,000

Regional 42. NW-3 2,000,000 3,000,000

43. NW-4 2,000,000 3,000,000

44. N W-5 2,000,000 3,000,000

45. NW-6 2,000,000 3,000,000

Total 8,800,000 18,400,000


Combined Total Withdrawal

Not to Exceed 8,800,000 18,400,000



8. The use of said water is restricted to the use classification set forth above. Any change in

the use of said water will require a modification of this Permit.



9. In the event an emergency water shortage should be declared, the District may alter, modify

or declare to be inactive, all or parts of this Permit. An authorized District Representative

may, at any reasonable time, enter the property to inspect the facilities and may require

that this Permit be shown.



10. Permittee shall within the time limits hereinafter set forth, complete the following items,

and if Permittee fails to complete them by the specified date, then this Permit shall become

null and void.



a. All withdrawal points shall be equipped with totalizing flow meters or if other flow

measuring devices are used they shall be approved in writing by the Director of the

Resource Regulation Department. Such devices shall have and maintain an accuracy

within five percent of the actual flow under installed conditions. Those designated



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, .

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CUP NO. 206676 (N.W. Hillsborough)
West Coast Regional Water Supply
Authority & Hillsborough County

withdrawal points not equipped with such devices on the date the Consumptive Use

Permit is granted shall be so equipped within 120 days of the Permit date or upon

completion of construction of the withdrawal facility, unless an extension is approved "

in writing by District Staff.



b. Total flow from each designated withdrawal point shall be recorded on a monthly basis '

and reported, on forms furnished, to the District by the 10th day of the following

month.



Reports shall be addressed to: Processing and Records Section

Southwest Florida Water Management District

2379 Broad Street

BrooksviUe, Florida 33512-9712


c. Within 12 months of the issuance of this Permit and before commencement of with-

drawals from wells 40 through 45, the Permittee with assistance of District Staff shall

have formulated a Regional Monitor Plan that meets with the written approval of the

Director of Resource Regulation. The Director shall review the plan and notify the

Permittee in writing of all revisions required for plan approval by the Director of

Resource Regulation within 45 days from the date of submission of the plan. Within 45

days after the Permittee receives notice of required revisions, the Permittee shall

submit a revised plan to the Director. Upon written approval of the Director, the

implementation of the plan shall begin prior to the commencement of withdrawals

from wells 40 through 45 and no later than December 31, 1984.



The development of the general scope of this plan shall be completed, in coordination

with District Staff, within 60 days of the issuance of this Permit. The Regional )



6





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CUP NO. 206676 (N.W. Hillsborough)
West Coast Regional Water Supply
Authority & Hillsborough County

Monitor Plan shall include detailed descriptions of the monitor sites, construction

specifications, monitoring methods, monitoring frequency, and provisions to monitor

withdrawal impacts on the following areas of concern:



(1) Movement of the fresh/saltwater interface

(2) Water table water levels

(3) Artesian water levels

(4) Lake levels

(5) Stream discharge

(6) Wetlands vegetation



d. Until such time as a Regional Monitor Plan is implemented, the Permitte shall

continue to monitor the chloride content in parts per million of water samples taken

from the following wells:



Well # Facility (User ID)

1Z Henderson Rd. (HR-1)

13 Henderson Rd. (HR-2)

17 Plantation (PL-4)

19 River Oaks (RO- 1)

Z0 River Oaks (RO-2) -

21 River Oaks (RO-3)

22 River Oaks (RO-4)

23 River Oaks (RO-5)

31 Dale Mabry (DM-1)

32 Dale Mabry (DM-Z)

46 Sheldon Rd. (SRMCL)



7


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CUP NO. 206676 (N.W. Hillsborough)
West Coast Regional Water Supply
Authority & Hillsborough County



Chloride analyses shall be performed monthly and reported monthly according to the

procedure outlined in 10b above. The report shall include the date of sampling and a

description of the sampling method used.



e. Within 18 months from the issuance of this Permit, the Permittee shall submit a

proposal for establishing artesian aquifer regulatory levels and/or other regulatory

methods for the NWH Regional Well System. Such proposal shall be reviewed by

District Staff in coordination with the Permittee for the formulation of alternative

regulatory methodologies which may include proposals which would necessitate

modification of regulatory levels in adjacent well fields. Any proposal for such

modification shall be presented to the Governing Board in Public Hearing based upon

application submitted by Permittee for modification of such permits and such

conditions as may be necessary and appropriate.



f. The Permittee shall establish a testing and data collection program to determine site

specific geologic and hydrologic characteristics of the aquifer in the vicinity of wells

40 through 45. The plan shall include provisions for geophysical logging, well

construction design, water quality sampling and analysis, a timetable for well

construction, and aquifer pump tests. The plan shall receive review and written

approval of the Director of Resource Regulation, and shall be implemented during

construction of each of wells 40 through 45.



g. Within 120 days from issuance of this Permit, the Permittee shall submit a letter

report summarizing the schedule for retiring the withdrawal facilities numbered 1

through 24. This schedule shall not be binding upon the Permittee but shall represent

the Permittee's future plans for these existing wells using the best available



8











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CUP NO. 206676 (N.W. Hillsborough)
West Coast Regional Water Supply
Authority & Hillsborough County

13. The District may, at a future date, establish a minimum water level in the aquifer or

aquifers hydrologically associated with these withdrawals, which may require the Permittee

to limit withdrawal from these groundwater sources at times when water levels fall below

these minimums. (Section 373.042, F.S.)



14. The Permittee shall continue to expand water conservation practices and programs including

water reuse and runoff reduction and shall provide an annual report for the previous year on

water conservation. The report will include an update of accomplishments of existing

programs and a summary of new programs. The report shall be submitted to the Director of

Resource Regulation by January 1 of each year.



15. The Permittee shall investigate all complaints related to withdrawal at the Northwest

Hillsborough Regional Well Field. The Permittee shall submit for District review monthly

status reports and an annual report summarizing the complaints and the mitigative actions

taken.



16. By March 1, 1984, West Coast Regional Water Supply Authority shall submit to the Director

of Resource Regulation an overall plan for future water supply sources and distribution for )

Hillsborough, Pinellas and Pasco Counties. This plan shall include proposed schedules and

priorities for designing, testing, financing and constructing withdrawal facilities, treatment

facilities, transmission lines and system interconnections. Water reuse options shall be ..j)

considered. In formulating the plan, comprehensive study shall be given, but not be limited,

to the following specific items:



a. Feasibility of interconnection between Cypress Creek Well Field and the Morris Bridge

Well Field.





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B
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CUP NO. 206676 (N.W. Hillsborough)
West Coast Regional Water Supply
Authority & Hillsborough Counity

information, as it is anticipated that the construction of wells 40 through 45 together

with collection pipeline may be in two or more phases. Changes in this schedule shall

be reported in writing to the Director of Resource Regulation. Furthermore, full

consideration shall be given to maintaining each well as a standby well or a monitor

well prior to any consideration for abandonment. No well shall be abandoned without

prior written approval of the Director of Resource Regulation. Withdrawal facilities

numbered 25 through 38 are expected to be maintained as part of the Northwest

Hillsborough Regional System.



11. At such times that the total quantities set forth in paragraph 6 of this Permit are not met by

withdrawals from the facilities listed in paragraph 7, with the Permittee making a reason-

able effort to maximize withdrawals from such facilities, the difference may be made up

through withdrawals from Cosme-Odessa and Section 21 Well Fields not to exceed maximum

daily combined withdrawals of 6 MGD nor to exceed average annual combined withdrawals

of 2 MGD from such well fields. Such supplemental withdrawals are authorized by Consump-

tive Use Permit Numbers 200003 (Section 21) and 200004 (Cosme-Odessa) subject neverthe-

less to all conditions set forth in such permits. All such withdrawals for supplemental supply

shall be reasonably balanced between the two well fields. At no time shall Permittee's

combined total withdrawals, regardless of source, exceed the authorized quantities set forth

in paragraph 6 of this Permit.



12. The District reserves the right, at all reasonable times, to collect water samples for

analysis. The District may, upon prior notice, collect water samples from any or all with-

drawal points listed on the Permit, or may, at the option of the District, provide mailable ^

containers to the Permittee, and require the Permittee to forward samples from any or all

withdrawal points within a reasonable period of time prescribed.



9.













STATE OF FLORIDA
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT


WEST COAST REGIONAL WATER SUPPLY )
AUTHORITY, and HILLSBOROUGH COUNTY, )

Petitioners, )
) SWFWMD No.
vs. ) 206676

SOUTHWEST FLORIDA WATER MANAGEMENT )
DISTRICT, ) DOAH Case No.

Respondent, )

vs. )

BEN HILL, III, )

Intervenor. )




PETITION FOR FORMAL PROCEEDINGS

CONSUMPTIVE USE PERMIT

NORTHWEST HILLSBOROUGH REGIONAL WELL SYSTEM

Petitioners, WEST COAST REGIONAL WATER SUPPLY AUTHORITY and

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

121, Clearwater, Florida 33515.











2. Petitioner, HILLSBOROUGH COUNTY ("HILLSBOROUGH"), is a

political subdivision of the State of Florida and a member of

WCRWSA. Its address is Post Office Box 1110, Tampa, Flofida

33601.

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

HILLSBOROUGH's permit application is 206676. 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 northwest Hillsborough County region experienced

rapid development during recent years, and independent water

supply systems were constructed within various developments to

meet the water supply needs of the residents.

6. The numerous existing water supply systems consist of

wells ranging in diameter from 6" to 16", and in depth from 84'

to 700'. Some of the existing systems cannot generate sufficient

pressure and quantity of water for adequate fire control and in

some systems the water quality is questionable or will be exposed

to probable contamination in the future. Most of the smaller

water supply systems provide only chlorination of the raw

groundwater prior to being distributed to the residents.

7. The Section 21 wellfield and the Cosme-Odessa wellfield

are also located in the northwest Hillsborough County region and

were acquired and developed by the City of St. Petersburg for

public water supply purposes.


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8. The water is withdrawn by these water supply systems

from various 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'.

9. As a result of the development in the region, the

Hillsborough County Board of County Commissioners recognized the

need for a unified and dependable water supply system. In March,

1980, the Hillsborough County Board of County Commissioners

received an engineering report entitled, "Northwest Hillsborough

County Water Supply and Transmission Main Study" which

recommended a water master plan including the interconnection of

existing water supply systems and the utilization of the Section

21 wellfield.

10. In August, 1980, HILLSBOROUGH and WCRWSA entered into

an agreement under which WCRWSA was granted the exclusive and

irrevocable right to develop HILLSBOROUGH's future water supply

sources and in return, WCRWSA agreed to develop water supply

sources to satisfy the needs of the residents. This agreement

also contemplated that the City of St. Petersburg would convey to

WCRWSA the management and operational control of the Section 21

wellfield and the Cosme-Odessa wellfield.

11. On November 10, 1981, HILLSBOROUGH and WCRWSA executed

a water supply contract to implement the August, 1980 agreement

to produce water in Hillsborough County.

12. On December 28, 1981, WCRWSA and HILLSBOROUGH submitted

to SWFWMD their original application for a consumptive use permit

for a Northwest Hillsborough Regional Well System.

13. Several amended applications were later submitted and

in July, 1982, SWFWMD held an objectors conference which involved

a SWFWMD presentation of the application followed by an


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opportunity for members of the public to voice their feelings

about the proposed system.

14. In August, 1982, SWFWMD published an evidentiary

evaluation of the Northwest Hillsborough Regional Well System for

consideration by the SWFWMD Board of Directors at the anticipated

September, 1982 public hearing on the consumptive use permit

application. The evaluation recommended approval of the

application with some conditions.

15. However, the public hearing was continued and

HILLSBOROUGH and WCRWSA reconsidered the configuration of the

proposed Northwest Hillsborough Regional Well System. In

January, 1983, the Hillsborough County Board of County

Commissioners approved a water supply plan consisting of five

existing water withdrawal sites and six new water withdrawal

sites. This new plan was accepted by WCRWSA and an amended

consumptive use permit application, which is the subject of this

petition, was submitted by HILLSBOROUGH and WCRWSA to SWFWMD in

March, 1983.

16. In June, 1983, SWFWMD held an objectors conference and

thereafter SWFWMD staff prepared a draft consumptive use permit

for the Northwest Hillsborough Regional Well System. A copy is

attached hereto as Exhibit "A".

17. The proposed System consists of eleven non-contiguous

withdrawal sites, which will serve approximately 40,000 acres in

northwest Hillsborough County.

18. In that area, sixteen separate public supply facilities

have been issued consumptive use permits by SWFWMD. These

facilities are cumulatively authorized by these permits to

withdraw 9.2 million gallons per day on a daily average and 19.9

million gallons per day on a daily maximum basis. These

facilities are being consolidated into the Northwest Hillsborough

Regional Well System and the instant consumptive use permit

application is essentially a consolidation of the existing

permits and public supply facilities with very little change in

the amount of water withdrawn. The instant application seeks a

consumptive use permit for 8.8 million gallons per day on a daily

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average basis and 18.4 million gallons per day on a maximum daily

basis.

19. WCRWSA and HILLSBOROUGH propose to phase out some of

the existing facilities and to improve the five withdrawal sites

which will then be tied into the regional system. Main pipelines

will be constructed to collect the water withdrawn from most or

all of the eleven withdrawal sites and these collector mains will

interconnect with existing facilities so that water will be

available at the Section 21 wellfield where HILLSBOROUGH proposes

to operate a new water treatment plant. From that treatment

plant, water will be distributed to the residents in the

northwest Hillsborough County region.


Facts Demonstrating Effects Upon
Petitioners' Substantial Interests

20. HILLSBOROUGH has a substantial interest in that it is a

county purpose to supply public drinking water to its

residents. The existing public supply facilities are inadequate

to meet the needs of the residents of northwest Hillsborough

County and a unified county water system is in the best interest

of the County. WCRWSA has contractual obligations to develop,

operate and sell water from the proposed Northwest Hillsborough

Regional Well System to meet HILLSBOROUGH'S needs. By the 1980

agreement, HILLSBOROUGH designated WCRWSA as its agent and

representative in any administrative and judicial proceedings

relating to existing or future water supply sources.



Disputed Issues Of Material Fact

21. Whether the intended consumptive use of water is a

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

22. Whether the intended consumptive use of water is

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

23. Whether the intended consumptive use of water will

interfere with any presently existing legal use of water?

S373.223(1) (c), Fla. Stat.

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

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

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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).

25. 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).

26. 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

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) .

27. 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).

28. 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 HILLSBOROUGH 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).

29. 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).

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

the potentiometric surface under lands not owned, leased or

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otherwise controlled by HILLSBOROUGH or by WCRWSA to be lowered

more than 5' 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).

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

the water table under lands not owned, leased or otherwise

controlled by HILLSBOROUGH or WCRWSA to be lowered more than 3'

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).

32. Whether the withdrawal of water will cause the surface

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

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

otherwise controlled by HILLSBOROUGH 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).

33. 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).

34. Whether the consumptive use of water through the

existing water supply systems sought to be consolidated was 3.641

million gallons per day before January 1, 1975?

35. Whether the conditions attached to the draft

consumptive use permit prepared by SWFWMD'S staff, Exhibit "A",

are supported by competent substantial evidence and are

reasonably formulated to carry out legitimate public purposes?

36. Whether the duration of the permit should be

commensurate with the period of time which will be required to

repay the bonds issued to finance the Northwest Hillsborough

Regional Well System? 373.236(2), Fla. Stat.







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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. Existing water supply systems do not adequately meet

the demands and needs of the residents of the region and the

proposed interconnected system will reliably supply a good

quality of water to the residents.

39. The regional system will provide water to a large

number of residents of Hillsborough County and is therefore

consistent with the public interest. Further, the regional

system will be more economical and provide a better quality of

water.

40. HILLSBOROUGH can better plan for and guide the growth

and development of the northwest Hillsborough County region by

planning for and providing water in that area.

41. The existing public water supply systems in the

northwest Hillsborough County region, including Section 21 and

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

beneficial use of the water and consistent with the public

interest.

42. Since the proposed regional system is essentially a

consolidation of existing systems with no significant change in

the amount of water withdrawn from the area, it will have no

significant effect on other existing legal 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. SWFWMD has not adopted regulatory levels for the

potentiometric of the aquifer of the area of the Northwest

Hillsborough Regional Well System.

45. 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.






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46. The proposed regional system is approximately 5 miles

from the nearest salt water coastline and will not significantly

induce salt water encroachment.

47. The proposed withdrawal is from the Floridan aquifer

and the effects of this withdrawal on lake stages or vegetation

will not be significant.

48. The proposed withdrawal is not from a stream or

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

stream or watercourse.

49. SWFWMD routinely grants exemptions from Florida

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

public water supply facilities.

50. The proposed withdrawal of water will not cause the

potentiometric surface of the aquifer to be lowered below sea

level.

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 JA

1983.


de la PARTE & GILBERT, P.A.



Edward P. de la Parte
705 E. Kennedy Bouletrd
Tampa, Florida 33602
Telephone: 813/229-2775
ATTORNEYS FOR WEST COAST
REGIONAL WATER SUPPLY
AUTHORITY AND HILLSBOROUGH
COUNTY




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