Title: WCRWSA and Pinellas County v. SWFWMD, Case No. 88-693R. Authority's First Request For Production To SWFWMD. Mar. 9, 1988. 5p.
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Title: WCRWSA and Pinellas County v. SWFWMD, Case No. 88-693R. Authority's First Request For Production To SWFWMD. Mar. 9, 1988. 5p.
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23. What are SWFWMD's plans with respect to replacing or

repealing the 5-3-1 Rule?
RESPECTFULLY SUBMITTED,

de la PARTE, GILBERT &
GRAMOVOT, P.A.




By: 2L.rA. A c4 Pf ck
Edward P. de la Parte, Jr.
705 E. Kennedy Blvd.
Tampa, Florida 33602
813-229-2775
Attorneys for West Coast
Regional Water Supply
Authority



CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the
foregoing has been furnished by U.S. Mail to Kent Zaiser,
Esquire, Deputy General Counsel, Southwest Florida Water
Management District, 2379 Broad Street, Brooksville, Florida
34609-6899, Attorney for Respondent, Southwest Florida Water
Management District; John Allen, Esquire, 4508 Central Avenue,
St. Petersburg, Florida, Attorney for Pinellas County; and by
hand delivery to Bram Canter, Esquire, Haben & Culpepper, P.A.,
306 N. Monroe Street, Tallahassee, Florida, Attorney for
Respondent, Southwest Florida Water Management District, on this.
9th day of March, 1988.




Edward P. de la Parte, .










373.223, Florida Statutes, or Florida Administrative Code Rule

40D-2.301?

17. If the Authority's permitted use of the Cypress Creek,

Cross Bar Ranch, Starkey, Cosme-Odessa, Section 21, Northwest

Hillsborough Regional and South Central Hillsborough Regional

Wellfields violate any other provision of Section 373.223,

Florida Statutes, or Florida Administrative Code Rule 40D-2.301,

what is the nature and extent of the violations?

18. What demonstrable harmful effects are caused to the

water resource or other water users as a result of consumptive

uses which violate the 5-3-1 Rule?

19. How has SWFWMD interpreted the phrase, "lands .

otherwise controlled by the applicant" as used in the 5-3-1 Rule?

20. What evidence has SWFWMD relied upon in the past as

showing the "lands, owned, leased or otherwise controlled by the

applicant" for purposes of determining compliance with the 5-3-1

Rule?

21. How has SWFWMD interpreted the phrase, "The withdrawal

of water" as used in the 5-3-1 Rule?

22. What climatic conditions, technical factors, and

hydrogeologic models has SWFWMD relied upon in the past in

determining compliance with the 5-3-1 Rule?









4










number involved consumptive uses violated one or more of the

limits specified in the 5-3-1 Rule?

12. What was the total average annual and maximum daily

quantity of water permitted by SWFWMD in 1986-87 and what

percentage of the total average annual quantity and the total

maximum daily quantity were from uses which violated one or more

of the limits specified in the 5-3-1 Rule?

13. What criteria does SWFWMD follow in awarding consumptive

use permit applicants an exception to the 5-3-1 Rule pursuant to

Florida Administrative Code Rule 40D-2.301(4) and are those

criteria the same for agricultural uses, public uses and

industrial uses?

14. Do the quantities of water the Authority is currently

permitted to withdraw from the Cypress Creek, Cross Bar Ranch,

Starkey, Cosme-Odessa, Section 21, Northwest Hillsborough

Regional and South Central Hillsborough Regional Wellfields

violate the 5-3-1 Rule?

15. If the quantities of water the Authority is currently

permitted to withdraw from the Cypress Creek, Cross Bar Ranch,

Starkey, Cosme-Odessa, Section 21, Northwest Hillsborough

Regional and South Central Hillsborough Regional Wellfields, what

is the nature and extent of the violations?

16. Does the Authority's permitted use of the Cypress

Creek, Cross Bar Ranch, Starkey, Cosme-Odessa, Section 21,

Northwest Hillsborough Regional and South Central Hillsborough

Regional Wellfields violate any other provision of Section

3











See Fla. Admin. Code Rule 40D-2.301(3)(b), (c) and (d). Also,

the 1970 report prepared by the United States Geological Service

titled, "General Hydrology of the Middle Gulf Area, Florida"

shall be referred to as the Mid-Gulf Study.

1. What is the history of the 5-3-1 Rule?

2. What was the original purpose of the 5-3-1 Rule?

3. What were the scientific and technical grounds relied

upon by SWFWMD in promulgating the 5-3-1 Rule?

4. How was the Mid-Gulf Study used to establish the 5-3-1

Rule?

5. What is the borrower concept and what role if any did it

play in the development of the 5-3-1 Rule?

6. What is the water crop concept and what role if any did

it play in the development of the 5-3-1 Rule?

7. What has been SWFWMD's past policy in applying the 5-3-1

Rule to existing consumptive uses?

8. What has been SWFWMD's past policy in applying the 5-3-1

Rule to new consumptive uses?

9. Has SWFWMD ever denied a consumptive use permit

application in whole or in part on the basis of the 5-3-1 Rule?

10. If SWFWMD has denied a consumptive use permit

application in whole or in part on the basis of the 5-3-1 Rule,

what is the name, address and permit identification number

appearing on or assigned to these affected permit applications?

11. What was the total number of consumptive use permits

issued by SWFWMD in 1986-87 and what percentage of this total

2











STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS


WEST COAST REGIONAL WATER )
SUPPLY AUTHORITY, )
)
Petitioner,
)
and
)
PINELLAS COUNTY, )
)
Intervenor, )
vs. ) CASE NO. 88-693R
)
SOUTHWEST FLORIDA WATER )
MANAGEMENT DISTRICT, )
)
Respondent.



AUTHORITY'S FIRST REQUEST FOR PRODUCTION TO
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

Petitioner, WEST COAST REGIONAL WATER SUPPLY AUTHORITY

("Authority"), by and through its undersigned counsel and

pursuant to Section 120.58(1)(b), Florida Statutes, Florida

Administrative Code Rules 221-6.19 and 28-5.208, and Florida Rule

of Civil Procedure 1.350, requests Respondent, SOUTHWEST FLORIDA'

WATER MANAGEMENT DISTRICT ("SWFWMD"), to produce all documents,

staff reports, final orders, recommended orders, staff

memorandums, correspondence, draft rules, computer printouts and

notes needed by SWFWMD staff personnel to respond to questions

concerning the issues listed herein at the deposition of SWFWMD

staff personnel scheduled to commence on Tuesday, March 15, 1988,

at SWFWMD's Brooksville, Florida headquarters.

As used herein, the phrase "5-3-1 Rule" shall refer

collectively to the SWFWMD rules at issue in the instant case.





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