Title: Work Session on Consumptive Use Permitting Rule Criteria
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00052304/00001
 Material Information
Title: Work Session on Consumptive Use Permitting Rule Criteria
Alternate Title: SWFWMD. Minutes of the Meeting, Work Session on Consumptive Use Permitting Rule Criteria.
Physical Description: 2p.
Language: English
Publication Date: June 28, 1988
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 4, Folder 12A ( FIVE - THREE - ONE RULE ), Item 11
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052304
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


Governing Board
Southwest Florida Water Management District

Brooksville, Florida June 28, 1988

The Governing Board of the Southwest Florida Water Management District held a
work session at 1:10 p.m. on June 28, 1988, at District Headquarters. The
following persons were present:

Michael Zagorac, Jr., Chairman Gary W. Kuhl, Executive Director
Horace F. Herndon, Treasurer Peter G. Hubbell, Assistant Exec. Dir.
Anne M. Bishopric, Secretary Mark D. Farrell, Deputy Exec. Dir.
Roy G. Harrell, Jr., Member William K. Hennessey, Deputy Exec. Dir.
Robert T. Bramson, M.D., Member Richard V. McLean, Deputy Exec. Dir.
Mary Ann Hogan, Member Jerry I. Simpson, Deputy Exec. Dir.
Charles A. Black, Member Daniel P. Fernandez, General Counsel

A list of others present who signed the attendance roster is filed in the
permanent files of the District. All meetings are mechanically recorded and
tapes will be available in the permanent files of the District.

Chairman Zagorac called the work session to order.

Consumptive Use Permitting Rule Criteria
Mr. McLean addressed the Board and provided an overview of the Consumptive Use
Permitting (CUP). rule criteria. He said approximately one year ago there was a
challenge to the District's 5-3-1 rule which was referred to the Division of
Administrative Hearings. Mr. McLean said the Hearing Officer held the 5-3-1
rule to be invalid and the District appealed that decision. He said staff has
been reviewing the District's CUP rule to determine if there is sufficient
language to evaluate CUPs without the 5-3-1 rule. With the aid of an overhead
projector, Mr. McLean reviewed the 5-3-1 rule criteria which evaluate impacts
from withdrawals at the property line to the potentiometric surface, the water
table, lakes and impoundments. He said these criteria have always been used as
guidelines to evaluate impacts to adjacent property owners. Mr. McLean
discussed portions of the same rule which can be used in place of the 5-3-1 rule
if it is removed. There was discussion by the Board relative to cumulative
impacts and how they are addressed in the rule. In response to Mr. Black's
question, Mr. McLean said during evaluation of a well field CUP, staff is
concerned more about each well not exceeding rule criteria rather than the
spacing of the wells unless it is a dispersed well field. He said concern over
horizontal and vertical saltwater intrusion can be addressed by placing special
conditions on a permit. Mr. McLean said staff does evaluate the combined
impacts of all of the wells in a well field. There was discussion relative to
regional regulatory levels. Mr. McLean said regional regulatory levels will be
addressed and set through the Water Resource Assessment Projects (WRAPs).
Mr. McLean summarized by saying, in staff's opinion, there is sufficient rule
language to regulate permitting as there has always been even without the 5-3-1
rule. He said staff will continue to utilize the 5-3-1 rule as an internal
guide in evaluating CUPs, rather than using it as a mandatory rule. Mr. Kuhl

SMinutes of the Meeting June 28, 1988
Governing Board Work Session Page 2

said the CUP rules include language that will allow for the denial of a permit
due to adverse impacts. In response to Mr. Herndon's question, Mr. McLean
explained the difference in the potentiometric surface and the water table.
There was further discussion by the Board relative to cumulative impacts, on-
site and off-site impacts, and how certain proposed withdrawals would be
evaluated. In reference to the WRAPs, Mr. Black said the lake levels should be
set District-wide. Mr. Herndon said the Lake Level Program is currently being
deemphasized. Mr. Hubbell explained that lake levels will be set in the areas
where the WRAPs are being developed and the lakes which will have levels set are
being prioritized. (Mr. Harrell entered the meeting at this time.) There was
lengthy discussion regarding examples of different types of situations in which
a water use may be denied such as new or competing uses of water and how the
District will address such issues in the future.

The work session adjourned at 2 p.m.

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