Title: City of St. Petersburg Consumptive Use Permit Application
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 Material Information
Title: City of St. Petersburg Consumptive Use Permit Application
Alternate Title: City of St. Petersburg Consumptive Use Permit Application Number 27703647 South Pasco Well Field in Pasco County, Florida, Order No. 78-38, Order Granting Permit Pursuant to Hearing before Governing Board.
Physical Description: 7p.
Language: English
Publication Date: May 2, 1978
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 3, Folder 8 ( WELL FIELDS - PUBLIC - ORDERS ), Item 30
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051911
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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Ak'*
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT f

IN RE:

CITY OF ST. PETERSBURG )
CONSUMPTIVE USE PERMIT )
APPLICATION NUMBER 27703647 ) ORDER NO. 78-38
SOUTH PASCO WELL FIELD )
IN PASCO COUNTY, FLORIDA )



ORDER GRANTING PERMIT PURSUANT TO
HEARING BEFORE GOVERNING BOARD

This Matter came on to be heard by the Governing Board of the Southwest

Florida Water Management District at a Public Hearing on May 2, 1978. 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. Applicant, City of St. Petersburg, owns land and controls water rights

in and to such lands consisting of 589 acres in Sections 28, 32 and 33, Township 26S,

Range 18E, Pasco County, Florida, and has developed a well field thereon consisting

of eight (8) production wells and other related facilities to produce a portion of

the total water supply needs of the City of St. Petersburg Water System. The Well

Field is known as the South Pasco Well Field.

2. The South Pasco Well Field has been fully operational and in
production since April, 1973, and has been subject to Regulatory Orders of this

Board since February, 1972. The need for regulation of this well field in conjunction

with the City's Cosme-Odessa and Section 21 Well Fields was established during
* Public Hearings in December, 1971, and January, 1972, and Regulatory Order No. 72-1

; was issued by the Board on February 9, 1972. Order No. 72-1 established potentiometric

surface regulatory levels for Cosme-Odessa and Section 21, and provided for a

30-day pumping test of South Pasco after it became operational. Facilitated by an

Agreement dated November 14, 1973, between the Southwest Florida Water Management

District, Pinellas County, Pasco County, Hillsborough County and the City of

St. Petersburg, (executed simultaneous with a "Cypress Creek Agreement") and consistent

with such Agreement, the Governing Board, at Public Hearing on November 14, 1973,

entered Order No. 73-6R, amending Order 72-1, and established potentiometric surface

regulatory levels for the South Pasco Well Field. By this same Order, in addition


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to existing regulatory levels, a cap was imposed upon the Cosme-Odessa and Section 21

Well Fields so that the total maximum withdrawals from the combined Cosme-Odessa and

Section 21 Well Fields could not exceed 168 million gallons per week non-cumulative,

with production to be reasonably balanced between the two Well Fields.

3. During the year 1974, water was withdrawn from the South Pasco Well

Field at a rate of 16,900,000 gallons per day on an average annual basis. This

use of water at the rate of 16,900,000 gallons per day (average annual) was the

City's existing use prior to January 1, 1975, the date of implementation of
Consumptive Use Permitting Rules of the District, Chapter 16J-2, Florida Administrative

Code.

4. Pursuant to Chapter 373, Florida Statutes, and Chapter 16J, Florida

Administrative Code, the City applied to the Southwest Florida Water Management

District in February of 1975 for Consumptive Use Permits for each of the three

Well Fields. Consumptive Use Permits were granted by the Governing Board for the

Cosme-Odessa and Section 21 Well Fields on August 4, 1976. The Consumptive Use

Permit Application for the South Pasco Well Field has been under consideration by

The Southwest Florida Water Management District since February 1975, as amended

on September 4, 1975, under Application No. 7500002, which amended application was

assigned new Application No. 27703647 on March 14, 1977, and notice of application

was re-published and the notice requirements of 16j-2.08, Florida Administrative

Code, re-complied with.

5. The City has applied for a Consumptive Use Permit for the South Pasco

Well Field for the continued use of water in the quantities existing prior to
January 1, 1975. Initially the City had applied also for a new use increase of

1,100,000 gallons per day (average annual); however, the City has withdrawn such

} request and no longer seeks an increase. The City has applied for authority to
continue to make a combined average annual withdrawal of 16,900,000 gallons of water

per day, with a maximum combined withdrawal rate not to exceed 24,000,000 gallons
during any single day. The City estimates that such existing use quantities will be
"sufficient, in combination with Cosme-Odessa and Section 21 quantities, to meet the

projected water needs of the City to December 31, 1980.
6. During the period of time that this application has been pending, the

Cypress Creek Well Field was completed and the West Coast Regional Water Supply
Authority has been issued a Consumptive Use Permit to withdraw 30 million gallons

daily (average annual). The City of St. Petersburg, by contract, is assured


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10 million gallons daily from Cypress Creek production, and can now

rely upon that source for 10 million gallons daily of its average daily system

requirements, but no more. The City will continue to rely upon Cosme-Odessa, Section 21

and South Pasco Well Fields for the balance of its average daily system requirements

and maximum daily system requirements.

7. The City now has an opportunity to achieve some of the objectives

contemplated by the Agreement of November 14, 1973. Just as the City was able to

reduce withdrawals at and achieve reasonable balance between the Cosme-Odessa and

Section 21 Well Fields when the South Pasco Well Field came into full production,

the opportunity is now present to achieve the same benefits at South Pasco Well

Field. The three Well Fields are connected in such a way that they could be

managed in a manner that withdrawals might be reasonably balanced between the

Well Fields.

8. The South Pasco Well Field is presently regulated by Order 73-6R of

this Board, which specifies 3 regulatory wells and their associated regulatory levels

as follows:

"The CITY, its agents and employees, shall not withdraw,
or cause to be withdrawn, from the South Pasco Well Field, any
amount of water which will cause the levels in certain observation
wells to be lower than the elevations prescribed below:

a. The weekly average elevations of the potentiometric
surface of the Floridan Aquifer as determined cumulatively
shall not be lower than:

(1) 42.0 feet above mean sea level as measured at
the State Road 54 deep observation well
(281143N823047).

(2) 41.0 feet above mean sea level, as measured
at-the South Pasco deep observation well #45
(281055N0823024).

(3) 37.0 feet above mean sea level, as measured
at the South Pasco deep observation well #42
(281035N0823057).
b. At no time shall the weekly average elevations of the
potentiometric surface of the Floridan Aquifer be more than 4
I feet below the elevations set forth in (a) above.
c. Such weekly average elevations shall be calculated
by adding together the high reading for each day and the
low reading for each day, then dividing the sum thereof
by 14; each weekly period shall commence at 12:01 A.M., on
Saturday of each week.
d. The weekly average elevations shall be determined
cumulatively from August 1, 1973, through September 30, 1974.
A new production year shall start on October 1, 1974, and
Each October 1, thereafter. Cumulative 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."

The City has never violated the terms of such Order.
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9. The objective of such regulatory levels has been to limit the extent

of effects that might be expected in the area of the Well Field due to ground water

withdrawals. The basis for such levels is the predicted response of the coupled

Shallow and Floridan Aquifer to pumping from the Floridan Aquifer. Based upon

the technical data available at this time, these regulatory levels have been

effective in limiting the extent of lowering of the water table and of lowering of

the potentiometric surface due to pumping. Water-table lowering due to Well Field

pumping appears to have taken place outside the Well Field area, although the

changes due to pumping are relatively small compared to changes due to natural

conditions.

10. Order No. 73-6R provided that the regulatory levels established for

South Pasco Well Field would apply "until such regulatory levels and controls have

been modified by Order of DISTRICT, provided, however, that the Well Field will be

closely monitored; any adverse horizontal or vertical movement of the saltwater-

freshwater interface could necessitate appropriate modification of regulatory levels

or such other action as may be required to halt such adverse movement; any significant

adverse environmental change attributable directly to the operation of said Well

Field could necessitate appropriate modification of this Order". The City has

complied with all monitoring and reporting requirements of such Order.

11. Well No. E105 must continue to be sampled for chlorides and

sulphates by the City with the analyzed results furnished to the District to

give information about location and movement of the saltwater-freshwater interface.

12. Objections have been filed in response to notice of this pending

application. The Board has considered the many objections and the concerns expressed

by the objectors. Some objections relate to lowered lake levels and sink holes,

but most relate to effects of production at the Well Field upon the water table

beyond the Well Field property, and particularly adverse effects upon surface

vegetation alleged to be directly related to a decline in the mean annual elevation

of the water table. The objectors and many of the property owners within three (3)

miles of the Well Field were interviewed by District Staff and every objection or

complaint was evaluated.


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13. Because of express allegations that the Well Field has adversely

affected adjoining properties, additional data must be acquired so that the

issue may be finally addressed and resolved.

14. An additional period of at least two years of monitoring is necessary

to acquire the specific data to address the issues of whether or not any significant

adverse environmental change has occurred and, if so, whether such change is directly

attributable to operation of the Well Field. The acquired data will be reviewed

by the District and considered in conjunction with consideration of future permitting

of this Well Field. A Consumptive Use Permit should only be granted for a period

ending December 31, 1980.

15. Because of the nature of the objections and the seriousness of the

allegations of damage, some effort should be devised to relieve the immediate impact

of continued withdrawals if such relief can be afforded without impairing the

Applicant's ability to obtain water to supply its needs. Such an opportunity will

be available at least by October 1, 1978, when the Applicant will begin to be

regularly furnished 10 million gallons daily by the West Coast Regional Water Supply

Authority from the Cypress Creek Well Field.

16. The City has agreed to arrange for earlier receipt of Cypress Creek

water and expects to receive 10 million gallons daily from that source beginning

August 15, 1978. The City recognizes the many concerns expressed regarding its

South Pasco Well Field and, while it does not concede a causal relationship between

Well Field withdrawals and alleged effects, agrees that reasonable reductions in

withdrawals can be realized beginning on August 15, 1978, and continuing until

December 31, 1980, which will afford an opportunity to conduct further studies.

17. Studies have been undertaken to attempt to develop a method for
establishing regulatory levels in the shallow aquifer. Additional monitoring in the

vicinity of the Well Field to gather data on water table level records over a

reasonable period of time would provide valuable data to assist in the development

of an effective shallow aquifer regulatory program.

18. A proposed form of a Consumptive Use Permit for this Well Field

for a period of time to December 31, 1980, has been drafted by District Staff.

The proposed permit would authorize withdrawals only within the existing use quantities
and would provide for the balancing of production at this Well Field with production

from Section 21 Well Field and Cosme-Odessa Well Field, and total production only


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in excess of the 10 million gallons daily provided after August 15, 1978, from

Cypress Creek. It is expected that this will accomplish a substantial reduction

in average daily quantities withdrawn from the South Pasco Well Field to an estimated

9 to 12 million gallons daily. The Well Field thereby would be stabilized at the

".. lower range of pumping and maintained in such average range during the period of
time necessary to further study the effects of withdrawals in consideration of

future permitting.

". 19. The proposed permit includes the same regulatory levels as presently
restricts the Well Field. In light of the reduction in withdrawals facilitated

I. by water available from Cypress Creek, and in light of the proposed program for
balancing the Well Fields, it is reasonable that the four foot limitation on

potentiometric surface drawdown set forth in subparagraph "b" of such condition be
changed to five feet. In addition to including such regulatory levels conditioned

in the permit, the proviso of Order 73-6R, upon which such levels are conditioned,

^: shall be recited therein as follows:
"Any adverse horizontal or vertical movement of the saltwater-
freshwater interface could necessitate appropriate modification of

regulatory levels or such other action as may be required to halt such

^.."- .adverse movement; any significant adverse environmental change attributable

M^, directly to the operation of said Well Field could necessitate appropriate

S.modification of this Permit."
20. The proposed permit is conditioned upon the City installing a

system of water level monitor wells at locations specified in the Exhibit referred
to as Attachment "A" to the permit. Included are two monitor sites for specific

investigations. These sites will include one Floridan Aquifer monitor well and one

r water table monitor well equipped with continuous water level recorders, a rain gage,

;: and provision for site vegetation control. This system of monitoring is necessary
f! ..to develop further data regarding effects of Well Field withdrawals upon lands beyond
the Well Field. This monitoring program shall extend for the entire term of the permit,

'" ,21. The City will continue to operate and monitor flow meters on all
production wells and submit pumpage records to the District. The City will also

continue to sample Well No. E105 in July and October of each year for chlorides and

sulphates and submit analyzed results to the District.
22. The Board heard and considered the presentment and argument of

Jacob D. Varn, Esquire, representing Flagship Bank of Tampa and Marjorie P. Williams,

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Intervenors, and representing Pasco County, Intervenor. The substantive matters

addressed can best be resolved after additional monitoring data is acquired during

the term of a permit to December 31, 1980. Under the terms of the proposed permit,

some immediate relief should be achieved to alleviate the concerns of property

owners in the area of the Well Field. Through the water level monitoring program

set forth in the permit, the District will obtain water-level measurements on a

regular basis to be used in future reviews of the effects of Well Field pumping.

Such further review of the effects of Well Field pumping will be undertaken during

the short term permit period and before the expiration date of December 31, 1980.

In accordance with the foregoing, and in consideration of applicable

laws and regulations, the Board makes the following

CONCLUSIONS OF LAW:

Conditioned upon each and every term and condition of the proposed

permit attached hereto as Exhibit 1:

1. The Applicant has established that the existing consumptive use:

a) is a reasonable-beneficial use; and

b) is allowable under the Common

Law of the State of Florida.

2. The intended consumptive use is in compliance with the requirements

of Chapter 373, Florida Statutes, and Chapter 16J, Florida Administrative Code.

Wherefore, upon consideration, it is
ORDERED

I1. That the Executive Director of Southwest Florida Water Management

District, or a duly delegated member of his Staff, is authorized and directed to

issue a 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.


SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

DATE: 5-2-78

DERRILL S. McATEERT CHAIRMAN

ATTES -/ FILED WITH THE CLERK SOUTHWEST
FLORIDA WMER MANAGEMENT DISTRI~hirft



SEAL"
PeCLERK, SWFoMD


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