Title: In re: West Coast Regional Water Supply Authority
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 Material Information
Title: In re: West Coast Regional Water Supply Authority
Alternate Title: In re: West Coast Regional Water Supply Authority, Consumptive Use Permit Application No. 27703650.01(hereinafter to be designated as Application No. 203650) for Modification of Consumptive Use Permit No. 27703650 Cypress Creek Well Field in Pasco County,
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 3, Folder 8 ( WELL FIELDS - PUBLIC - ORDERS ), Item 8
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00051889
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.

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7/24/79
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SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

IN RE:

WEST COAST REGIONAL )
WATER SUPPLY AUTHORITY )
CONSUMPTIVE USE PERMIT )
APPLICATION NO. 27703650.01 ) ORDER NO. 79-38
(HEREINAFTER TO BE DESIGNATED AS ) MODIFIES ORDER NO 78-24
APPLICATION NO. 203650) )
FOR MODIFICATION OF CONSUMPTIVE )
USE PERMIT NO. 27703650 )
CYPRESS CREEK WELL FIELD )
IN PASCO COUNTY, FLORIDA )

ORDER GRANTING MODIFICATION OF PERMIT
PURSUANT TO HEARING BEFORE GOVERNING BOARD
This Matter came on to be heard by the Governing Board of Southwest

Florida Water Management District at continued Public Hearing on September 5,

1979, having been continued after hearing conducted on August 7, 1979, for

further consideration of testimony and evidence. Said Public Hearing, being

duly and properly noticed, was conducted at District Headquarters, 5060 U.S.

Highway 41 South, Brooksville, Florida, and all parties hereto were present

or given the opportunity to be present, and, together with the general public,

were given an opportunity to present testimony and evidence. The Board, having

reviewed the application and all documents in the File of Record, having heard

testimony, and having received and examined all documentary evidence, makes

the following

FINDINGS OF FACT:

1. The West Coast Regional Water Supply Authority (Authority) was

granted Consumptive Use Permit (CUP) No. 27703650 on March 1, 1978, by
Order No. 78-24 of this Board. Such CUP authorizes the Authority to make

a combined average annual withdrawal of 30,000,000 gallons of water per day,

with a maximum combined withdrawal rate not to exceed 30,000,000 gallons
during any single day, from 10 production wells within the Cypress Creek

Well Field. Such permit expires on December 31, 1980.

2. During Public Hearings on July 5, 1978, a report of monitoring

of water levels in observation wells for compliance with regulatory levels
established as condition of the CUP was considered by the Board. While

no significant anomalous events occurred during the monitoring period, the
Board concluded, because'of unusually wet conditions during the three month
period of the test, with the concurrence of the Authority, that 15 additionally


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selected monitor wells should be included in the monitoring program, and that an

additional period from August 1, 1978, through December 31, 1978, be established

for additional specified monitoring. The Board required by Order No. 78-52

on July 5,. 1978, that the Authority submit on or before January 15, 1979, a

comprehensive report of environmental and hydrologic effects of water level

fluctuations in the area of the Cypress Creek Well Field, covering such

August through December period.

3. The Authority complied with Order No. 78-52 and submitted a

report not only addressing compliance with regulatory levels and the

relationship of pumping to management levels, but also addressing its program

for the investigation of complaints and amelioration of impact on adjacent

water users.

4. Beginning in October of 1978 the Authority has been committed

by contracts to supply to its member governmental units a total fixed

quantity of 30 million gallons per day (30 mgd). This sustained rate of

production requires that all 10 wells be pumped at full design capacity.

5. On April 23, 1979, the Authority submitted an application

to the Southwest Florida Water Management District (Application No. 27703650.01),

pursuant to Chapter 373, Florida Statutes, and Chapter 16J, Florida Administrative

Code, for modification of Consumptive Use Permit (CUP) No. 27703650 (hereinafter

to be designated as Permit No. 203650), to authorize the Authority to construct 3

additional production wells to be located in the northeast quadrant of the Cypress

Creek Well Field. An additional deep and an additional shallow monitor well are

also proposed to be constructed at the site specifically selected to monitor the

effects of withdrawals from the proposed 3 new production wells. No increase

in permitted well field production quantities is requested.

6. The 3 proposed new wells will each be 24 inch diameter,

the same as the existing 10 production wells. However, these three wells

will be equipped with pumps having a design capacity of 4 mgd. The Authority's

present application is founded upon the need for flexibility in operation
of the well field to minimize adverse effects while assuring uninterrupted

water supply to the water systems of its member governments.




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7. In support of its application the Authority has submitted

a report which specifically assessed effects of withdrawing 12 mgd from the

proposed 3 new wells while four 3 mgd wells are shut down.

8. In addition to the average and maximum withdrawal limitations,

production has been and will continue to be subject to regulatory levels

specifically established for this well field to limit effects upon artesian

water levels beyond the well field; and to water-table management levels

specifically established to limit hydrobiological changes within the

well field, and thereby limit changes beyond. These same regulatory

levels and management levels will continue unchanged as conditions of

the CUP and are expected to accomplish the intended objectives under any

pumping configuration. The effectiveness of such regulatory program

will again be evaluated in 1980 in connection with consideration by this

Board of the Authority's application at that time for renewal of its

CUP for the Cypress Creek Well Field. Additional data from the proposed

new monitor wells sited between the proposed new production wells and

the eastern property boundary of the well field will be available at

that time for more specific assessment of that site.

9. Upon modification of its CUP as requested, the Authority

would be authorized to secure well construction permits for the three proposed

new production wells and the new deep and shallow monitor wells. While
final planning, contracting and actual construction will take several months,

it is anticipated that the new facilities would be on-line in sufficient time

for the Authority to gather specific data to demonstrate actual effects

of withdrawals under various production options. Such specific data will be

necessary to support an application for renewal of the CUP for this well

field.

10. Withdrawals at Cypress Creek Well Field at the rate of 30 mgd

continued to be subject to Order No. 78-24 of this Board and regulated by

the terms and conditions of CUP No. 27703650, which was issued by authority

of such Order. A modification of such CUP, which would authorize withdrawals

from the proposed 3 new wells (Wells C-ll, C-12 and C-13) upon completion,

was before the Board for consideration during the hearing conducted on

August 7, 1979. The Authority through Gene Heath, General Manager, testified



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in support of the application for modification to authorize withdrawals

from the three proposed new production wells.

11. The Board additionally heard testimony from Bill Duynslager,

Pasco County Utilities Manager, and from Patricia Pieper, a member of the

Pasco County Citizens' Water Advisory Council. Each asserted, among other

things, that the Authority's objective of management flexibility and standby

capability could as well be achieved with one new production well as with

three. It was pointed out that, if additional flexibility were desired, other

existing wells of the same size as the proposed wells could be reequipped with

pumps of higher design capacity. It was further pointed out that this' option,

if elected, would somewhat alleviate concerns regarding additional impacts

beyond the well field property that three new production wells located in

this northeast sector might cause. It was additionally pointed out by Mr.

Duynslager that if Pasco County were to develop according to its current Land

Use Plan, some 960 gallons of water per day per acre on a county-wide basis

would be required.

12. The Governing Board directed additional inquiries to both

the Applicant and the witnesses who testified, and invited further

consideration by the Applicant of all available options prior to final

Board decision. Whereupon, the Applicant requested that the hearing be

continued to September 5, 1979.

13. A copy of a proposed modified Consumptive Use Permit is attached

hereto as Exhibit I and made a part hereof by reference. Conditions which have

been fully executed have been deleted, some wording has been clarified, and

provisions for even distribution of pumpage have been deleted for the balance

of the permit term to December 31, 1980, in order to afford the authority

flexibility in production and data gathering. The proposed modification of

CUP No. 27703650 is otherwise identical in all terms and conditions to the

original.
14. Data furnished by the Authority indicates that even at full

design production from the 3 new wells, with any 4 existing wells shut-down,

the effects of pumping will continue to be consistent with those portions

of Order No. 78-24 which address the permitting criteria contained in Section

16J-2.11, Florida Administrative Code. Therefore, those relevant Findings

of Fact and Conclusions of Law contained in such Order 78-24 are readopted


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by the Board and made part of this Order by reference. Nevertheless, inasmuch

as the areas affected by lowering of the potentiometric surface will vary depending

upon pumpage configuration, and is expected to additionally effect the area east

of the well field when the new wells are in production, the Authority is

specifically charged with continuing responsibility "to permanently maintain

a program to mitigate significant adverse impacts on existing water users caused

by withdrawal of water by the Authority at its Cypress Creek Well Field," as set

forth in paragraph 12 of Order No. 78-24.

15. The Applicant, WEST COAST REGIONAL WATER SUPPLY AUTHORITY,

has requested permission to install, construct, and operate these additional

wells, pumps, and related facilities as part of its Cypress Creek Well Field

so that the flexibility of well field operations may be enhanced. The

additional facilities will permit greater rotation of withdrawals among the

wells, for example, thereby enabling the Applicant to better control ground

water drawdowns and other potentially adverse effects of large scale well field

operations.

16. The additional facilities are not being installed and constructed

for the purpose of increasing well field withdrawals. These remain controlled

by the Applicant's existing Consumptive Use Permit, as modified by this Order.

17. The Authority's request for modification of CUP No. 27703650

to authorize withdrawals from 3 proposed new production wells at no increase

in permitted quantities should be granted over objection.

18. There is no provision in the CUP for making minor adjustments

in well construction, well locations, hydrologic testing requirements, or

other minor changes necessitated by field conditions.

In consideration of the foregoing and in accordance with applicable

laws and regulations, the Board makes the following

CONCLUSIONS OF LAW:

19. The Authority has established that the proposed modification

of Consumptive Use Permit No. 27703650 (hereinafter to be designated as No. 203650)

and the consumptive use of water authorized thereby:

a) is a reasonable-beneficial use;

b) is consistent with the public interest; and

c) will not interfere with any legal use of water
existing at the time of the application.



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20. The Authority has established that those exceptions granted

by this Board by Order No. 78-24 continue to be consistent with the public
interest.
21. The modified consumptive use is in compliance with the
requirements of Chapter 373, Florida Statutes, and Chapter 16J, Florida
Administrative Code.
22. It is appropriate that the following modification to CUP
No. 203650 be approved:
(a) That the head of the Regulatory Staff of the District be
expressly authorized to give written approval for minor changes in well
construction, well location, hydrologic testing requirements, or other minor
changes necessitated by field conditions. The Board shall be kept fully advised.
Wherefore, upon consideration, it is
ORDERED
23. The Executive Director of the Southwest Florida Water Management
District, or a duly delegated member of his staff, is authorized and directed
to issue a Modified Consumptive Use Permit pursuant to the above numbered
application in substantially the form, and subject to the terms and conditions
set forth in Exhibit 1, attached hereto.
24. Upon issuance, such Consumptive Use Permit No. 203650 shall
modify and supercede Consumptive Use Permit No. 27703650 and such superceded
permit shall be void and of no further force or effect.
25. Nothing in this Order or in the Permit authorized herein is
intended by the Board as an expression of consent to future increased
withdrawals from this well field. The expansion of well field capabilities
authorized by this Order is not intended, and shall not be construed as
an intention, to authorize, explicitly or implicitly, expanded production
from the well field at any time.
THWEST FLORIDA WATER MANAGEMENT DISTRICT

DATE: Septe er 5, 1979 7i 8
"" DERRILL S. McATEER, CHAIRMAN



N. BROOKS JOHNS, S CRETARY

SEAL (
Director, Regulatory
Staff Attorney __j-

Board Counsel !
FILED WITH CLERK, SWFWMD /


AS CLERK, SWFWMD /

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