Title: Letter from Edward de la Parte, Jr. to Blain & Cone re: Petition to Initiate Rulemaking to Replace Rules 40D-2.301(3) (b), ( c ) and (d) (with attachm
CITATION PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00052342/00001
 Material Information
Title: Letter from Edward de la Parte, Jr. to Blain & Cone re: Petition to Initiate Rulemaking to Replace Rules 40D-2.301(3) (b), ( c ) and (d) (with attachm
Physical Description: Book
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052342
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









The Cro;.; Bar Ranch con-.i:t:: oft (0 re ::. Htlih6r t he.

challenged rule, only 8,060,000 gallons; per dily could bh with-

drawn. Therefore, the application penidinig bc 1for, SWFIWMI) for

a ClUP for 30 mgd average. and 45 il:jd pe:i.k iL r ,exceeds the water

crop rule. The existing permit also texc.eo,:ds the l imitations;

of the rule.

(9) The water crop concept had its genesis in a

report on the amount of available water in a certain portion

of the respondent's water management district. The rule is

applied district-wide by SWFWMD. In spite of its seemingly

mandatory language, the rule is not ultimately implemented or

intertpreLed in a mandf.tory fashion by t he rIes-1ondc nt. Int';-,.(l,

it is applied as an initi.il or thre.:shold level of inquiry, or

"first cut," and, if the other criteria for a permit can be

satisfied, SWFWMD will grant: an exception under subsection (5)

of Rule 16J-2.11. With one possible exception, the responlicdr:nt

has never denied a permit solely lhcaise t-he apple icati:on exceed.

the water crop concept. It would not be hydrololically sound Ito

deny a CUP solely on the basis of the water croo rule. Consul I,,1 iv

use permits can be adequately regulated without such a rul1. No

other water manaq(e,nt- di st:r1ict in Floi.iidZ, hai:; proimul at.lced or

requires compliance with at water ctruo rule.

(1.0) Th" water. rop concept is hlydrologically un-



proIU rtly. A general i.' tion .of t h' amount of water which i s

availablee througihoutl rhe district (],000 galIlons per acre p.:r

day) cannot reasonaLly .:be ap, lied in individual consumptive use

pro,:c(dinijgs. This i:; due tI the f.act that ther' .llmounl t of: wat(Ier

'..i.cii c". n be. witlhd ..wn flr oi> .,ny speci ic i .pa rcel of ltiind is

(c.pt'indc.nt upon t he ..Ii.:'unt of1: ra i f.l I he .il(nd re(.ce i v.es, :;oi l





-8-







REPORT OF INVESTIGATION NO. 56 93

SELECTED REFERENCES



Back, William
1961 Calcium carbonate saturation in ground water from routine analysis:
U.S. Geol. Survey Water-Supply Paper 1535-D.
Black, A.P.
1953 Salt water intrusion in Florida 1953: Division of Water-Survey and
Research, State Board of Conservation, State Florida, Water-Survey
and Research Paper No. 9. May 15, 1958.
Black & Associates, &
Briley, Wilde & Assoc.
1 1952 Engineering report, Development of a water supply for Pinellas
County, Florida.
S Black & Associates, &
Briley, Wilde & Assoc.
1954 Engineering report, Development of a water supply for the Pinellas
County water system, Pinellas County, Florida.
Bredehoeft, J.D.
1965 (and Papadopulos, I. S., and Stewart, J. W.) Hydrologic effects of
ground-water pumping in northwest Hillsborough County, Florida:
U. S. Geol. Survey open-file report.
S Brown, D. W.
1958 Interim report on the charges in the chloride content of ground
water in Pinellas County, Florida: Florida Geol. Survey Inf. Circ. 16.
Brown, Eugene
(See Cooper, H.H.), (see Black, A.P.)
Cooke, C. W.
1945 Geology of Florida: Florida Geol. Survey Bull. 29.
Cooper, H.H.
1950 (and Stringfield, V.T.) Ground water in Florida: Florida Geol.
Survey Inf. Circ. 3.
1953 (and Kenner, W. E., and Brown, Eugene) Ground water of central
I and northern Florida: Florida (col. Survey Rcpt. Inv. 10.
Cherry, R. N.
(See Pride, R. W.)
Ferguson, G. E.
1947 (and Iingham, C. W., and Love, S. K., and Vernon, R. 0.) Springs of
'lorida: llorilda (ecol. Survey Hull. 31.
Florida Board of
Conservation, Division
of Water Resources.
1966 Florida L.and and Water Resources; Southwest Florida: Tallahasscc,
Fla.


- % -_______- .. ^ .






72 BUREAU OF GEOLOGY REPORT OF INVESTIGATION NO. 56 73

Crystal River is almost entirely from the Floridan aquifer, and is Table 3. Summary of stream discharge and runoff for total system and
measured as runoff. About 85 percent of the total runoff from the Middle Gulf area.
entire hydrologic system is from this aquifer.
The runoff was computed by distributing the total strcamflow
over the area of the system and is the most accurately measured item in MIDDLE GULF HYDROLOGIC SYSTEM MIDDLE GULF AREA
the water balance. The runoff in terms of water over the Middle Gulf Area-2830 square miles Area- 110 square miles
hydrologic system (2,830 sq. mi.) was 36 inches for the 2-year balance
period. However, the runoff for that part of the Middle Gulf area Average Average
(1,110 sq. mi.) in the total hydrologic system, which includes all Runoff Runoff
streams except the Withlacoochcc River, was 59 inches for the 2-year June 196-May 1966 June May 1966
balance period, or about 30 inches per year.
A summary of the runoff and strcamflow values for each stream, Stream Name Cubic feet Million Inches Cubic feet Inches Million
fo, -th the total system and that part of the Middle Gulf area in the per second gallons on area per second on area gallons
total, system, is presented in table 3. The location of the streams and the
average discharges are shown in figure 38. Crystal River 900 582 8.65 900 582 22.11
IHomosassa River 230 149 2.21 230 149 5.66

GROUND-WATER OUTFLOW Chassahowitzka River 150 97 1.45 150 97 3.72
Weekiwachee River 260 168 2.48 260 168 6.33

Ground-water outflow is defined as that part of the discharge Pithlachascotee River 51 33 .48 51 33 1.24
from the system that occurs through the ground and is estimated to be Anclote River 92 59 .88 92 59 2.24
equal to about 1 inch of water over the system. Nearly all ground-water Rocky Creek 40 26 .38 40 26 .97
outflow occurs in the southern part of the area. This estimate was Sweetwater Creek 5 3 .05 5 3 .13
computed using a variation of Darcy's Law, Q= TIL, where Cypress Creek 180 116 1.77 180 116 4.52
Sulphur Springs 45 29 .43 45 29 1.11
SQ is the quantity of water that moves through the aquifer, Bear Creek 32 2 .30 32 21 77
gallons per day (gpd); New River 14 9 14 9 .34
T is the coefficient of transmissivity, gpd per ft; Busy Branch 7 5 .06 7 5 .17
Trout Creek 73 47 .70 73 47 1.78
I is the hydraulic gradient, ft. per mile; Withlacoochee River 1,370 885 13.09
L is the length of the flow section of the aquifer, in feet. Withlacoochee-Hills-
transmissivities used in the computation ranged from 165,000 to Miscelborough ovSpringow 310 200 2.97 310 200 7.60
Af.f f.f\/\ -i ^ -ii -i r !* ir o ^Miscellaneous Springs 310 200 2.97 310 200 7.60
400,000 gpd per ft. and hydraulic gradients ranged from 3 to 6 feet per Total 3,823 2,470 36.67 2,414 1,560 59.30
mile. Using the above values the outflow along I'low sections A, II, C,
and D, shown on figure 39, was computed to be 66 mgd or about 2
inches. Of this amount 37 mgd moves westward and southwestward aDoes not include peninsular Pinellas County and some coastal areas.
toward the gulf and Old Tampa Bay, 23 mgd moves southwest toward See fig. 1 for boundary line.
Tampa Bay and Hillsborough River, and 6 mgd moves eastward toward
the I lillshorough River. GROUND-WATER INFLOW
Because the ground water moves westward through the total
system and the middle Gulf area is on the west side of the system, the Although the ground-water inflow to the Middle Gulf hydrologir
ground-water outflow (GO) for the total system is discharged from the system is zero, the inflow (24 inches) to the Middle Gulf area for the
Mit'dle Gulf area. The outflow for the total system is estimated to be 1 2-year period was computed as a residual from the water balance
inh, :unmd for ihc Middle Gulf area 2 inches, equation (3). Most of the ground-water inflow occurs in the northern





52 BUREAU OF GEOLOGY REPORT OF INVESTIGATION NO. 56 53

FLORIDAN AQUIFER y .. ,<

The Floridan aquifer, one of the most productive in the world,
underlies the Middle Gulf area. This aquifer supplies virtually all .s.
ground water used in the area, feeds some of the largest fresh-water
springs in the world, and is the conveying unit by which most of the c,
water moves through the area. The aquifer is composed of a number of oMT" -'MAP
thick permeable zones which more or less function as a single water
conveying and water storage unit within several geologic units. Thcsec
units consist of more than 1,000 feet of limestone and dolomite and in 4, EXPLANATION
descending order from younger to older include the lower part of the --20-----
Hawthorn Formation, the Tampa Formation, the Suwanncc Lime- Ctopof the Fteirldon aof th
stone, the Ocala Group (Crystal River Formation, Williston Formation, ln feet. Datum is mean sea f e
a( nglis Formation), the Avon Park Limestone, and the upper part of evel. Contour nter
the Lake City Limestone. In most areas the upper predominantly sandy -.....
and clayey part of the Hawthorn Formation is included in the shallow Middle Gulf Area Boundary
aquifer. i ,
Zones of different permeability occur within the aquifer. Some
zones yield large volumes of water whereas others yield little water.
The most productive zones are: (1) the uppermost limestone (Haw-
thorn Formation or Tampa Formation) that directly underlies the
surficial sand and clay deposits; (2) the lower part of the Suwannee e
Limestone; (3) the Avon Park Limestone below the top 100 feet; (4) J o
and the upper part of the Lake City Limestone. o
,The depth to the top of the Floridan aquifer differs throughout
thc'rea. In this report, the top of the aquifer is taken to be the top of
the first consistent limestone, figure 26. The highest elevation of the
aquifer top is in the eastern part of the area and the lowest elevation is. ,
i" the southern part near the coast. In the western third of the area, the
Sof the aquifer is below mean sea level.
Figures 27 and 28 show the elevation of water levels in the
l )or'idi:n atptil'cr dImiring August Sep lenlmwr 1965 indl M:y 1966. '1Th1w
configuration of the contours was about the same in September as in i
May although the September water levels were about 2 feet higher. ,s. ,. ". 20'
These illustrations also show the mean sea level contour (zero
contour on maps) near the coast. The exact position of the mean sea
level cnItur is not well (eflinllc(d ;.ld its Ioa lion w .s cxtri|)oll(;t I'' roh I ? _I /um to
the spacing of the next two up-gradient contours. The position o1' this 0---'
contour inland will markedly affect the hydrology of the inland area
and the hydrochcmistry of the aquifcr. Where this zero water level lies
inAnd, offshore outflow from the aquifer is negligible and discharge Figure 26. Map of Middle Gulf area showing contours on top of the
from the aplifcr takes pIlace inland from hle zcrro tntour. Flordan aquifer





32 BUREAU OF GEOLOGY REPORT OF INVESTIGATION NO. 56 "

Lake and drains the hilly area west of Safety Harbor. The average flo,
S. .. __- .of Alligator Creek for the period of study was 8 cfs (5.2 mgd).
ROCKY CREEK
Rocky Creek rises in north-central Hillsborough County and
S- flows southward to upper Old Tampa Bay.
It drains about 35 square miles and the average flow at the gaging
station near the mouth for the period of study was 40 cfs, or nearly 26
"mgd. The Rocky Creek drainage area is sparsely populated except neat
--- lakes in the upper reaches and near upper Old Tampa Bay in the lower
reaches. Some of the lakes in the upper reaches are Hobbs, Cooper,
Thomas, Starvation, and Round, the levels of some of which have been
S--o lowered by pumpagc from the underlying Floridan aquifer. Tributarie:s
---- ^ 1.._-_- of Rocky Creek drain the land surface that includes Cosmc and Section
Sz-- < 21 well fields.
0 ... -,- -., .-_.. A flood relief channel in the lower reaches, constructed in 1966 as
part of the Upper Tampa Bay watershed project of the U. S. Soil
". Conservation Service, carries flood flow southwest into upper Old
| Tampa Bay.
The mineral content ranges from about 35 to 60 mg/1 in the
^ --" ~ = middle and upper reaches of the creek. The lower reach is tidal and
-= contains concentrations of chloride approaching those of sea water.
SWEETWATER CREEK
o a >Sweetwater Creek rises in western Hillsborough County and flow:
". southward into upper Old Tampa Bay. Its channel slopes about 10 feet
S- 0per mile in the middle reaches and about 1 foot per mile in the lower
0o i n reaches. The drainage area is more than 50 feet above mst in the
headwaters. In the headwaters, the land surface is poorly drained and is
\ occupied by many relatively shallow large lakes such as Magdalene
________ _^_,__-, oBay, Ellen, Carroll, and White Trout, all of which are interconnected by
canals and culverts. The upper reach of the stream also contains many
small lakes, ponds, and sinks along the eastern topographic divide
Which is adjacenli t tlh sinkhol complex known as Blue Sink. During
l)C- 2g.w periods of extremely high water, such as occurred during the floods of
""- -_.----.__.-- ,^. ~ ^ 1960, some of the drainage from nearby lakes flows into Blue Sink.
During the period of study the average flow at the mouth was an
"estimated 25 cfs, or more than 16 mgd. The flow of this stream i:;
---T-- ___ regulated and in periods of high water, Sweetwatcr Creek receives some
2 Qoverflow from Cypress Creek through a low, swampy area separating
"- the two streams.
I 'l'he water of Swcctwater creek is a calcium bicarbonate type in
Sthelc headwaters and sodium chloride at th.le mouth. The mineral content


",'.______







12 BUREAU OF GEOLOGY REPORT OF INVESTIGATION NO. 56 i




r odA MA-i920a
\ ti t Y (' -6P.

LOCATION MAP


EXPLANATION
45. 45! 451* EXPLANATION
Middle Gulf Area Boundary -
---- S--50 -- rMiddle Gulf Area Boundary
Contour shows the elevation of land Md G
surface. Contour interval 25 0 LU INK
feet. Datum is mean sea level.


SSINK A
S RNANQcVO._A
S PASCO NASCO SCO


K.0* ..-




\. 5J;1 1W 4 | L UE S L













t -' \ MANAT", CO
!es[oo 5' 5.,,K' r i
..* / ."" 1 |' oo-| S9 (2 IS

Figure 5. Map showing Iopogralphy (f I(lie Milchllc (nlrf are.;i Figure 6. Map showing location orf selected sinks in a:ntI near Middle
Gulf area



















DEPARTMENT
OF
NATURAL RESOURCES





CLAUDE R. KIRK, JR.
Governor






TOM ADAMS EARL FAIRCLOTH
Secretary of State Attorney Genera!




BROWARD WILLIAMS FRED O. DICKINSON, JR.
Treasurer Comptroller




FLOYD T. CHRISTIAN DOYLE CONNER
Commissioner of Education Commissioner ofAgriculture




| W. RANDOLPH HODGES
Executive Director





iii


!- 1---------------.













39. The 5-3-1 Rule exceeds SWFWMD's grant of rulemaking

authority because it could require the modification of existing

uses of water which are not detrimental to other uses and the

water resource. See 373.171(3), Fla. Stat. Generally, an

existing use is a use of water that was in existence prior to

January 1, 1975. See Fla. Admin. Code Rule 40D-2.041(2)(a). The

5-3-1 Rule applies to all uses of water requiring a consumptive

use permit, including existing uses.9 Existing uses may not be

detrimental to other uses and the water resource and still be

denied a permit because the use's impact on the potentiometric

surface, water table and lake levels exceeds five feet, three

feet and one foot, respectively. In fact, the Authority's

Section 21 and Cosme-Odessa Wellfields have been found by SWFWMD

to exceed one or more of the limits identified in Florida

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

though they were found not to interfere with other users and were

in the public interest.



IV. Disputed Issues of Material Fact

40. The disputed issues of material fact are as follows:

(a) The specific limits established in the 5-3-1 Rule

are unsupported by scientific evidence and no demonstrable

harmful effect will occur if they are violated.



9The Cosme-Odessa and Section 21 Wellfields are both
existing uses of water. Nevertheless, SWFWMD applied the 5-3-1
Rule to them the last time their consumptive use permits were up
for renewal.

19












et al., Case Nos. 87-8644, 87-4645 and 87-4647.6 The SWFWMD

Proposed Agency Action and Staff Evaluation of these two permit

applications finds the production capacity of these two

facilities violate Florida Administrative Code Rules 40D-

2.301(3)(b), (c) and (d). The Staff Evaluation recommends the

Governing Board grant the Authority an exception to these rules

pursuant to Florida Administrative Code Rules 40D-2.301(4).

However, the third party, Mr. Freeman Polk, contends the

Authority should be denied both the exception and permits. If

Mr. Polk's view prevails before the hearing officer and the

Governing Board, the Authority's permit applications could be

denied on the basis of the 5-3-1 Rule.

18. The denial of consumptive use permits for these seven

wellfields on the basis of the 5-3-1 Rule will result in the

Authority being prohibited from producing water for the benefit

of all citizens residing within its boundaries. See 373.219,

Fla. Stat., and Fla. Admin. Code Rule 40D-2.041. This would

prevent the Authority from fulfilling its statutory obligations

under Section 373.1962(7) and would deprive those persons being

served by the Hillsborough County and Pasco County water systems

of all their water and those persons being served by the Pinellas

County and the City of St. Petersburg water systems of over half

of their water. Such action would leave approximately one





6The hearing officer assigned to this case is Donald Conn
and a final hearing has been set to start on March 21, 1988.

9







. .... *- .....







I"]' l l. t.; ';l<

Based upon,, t:h,: findings of t i't .inl ot..:'i,. i,. *:1

1 aw r. ,: ited above ,

IT IS Otl:tlUl; THAT Rulel16, J-2. 11 t3) I.'l.o id

Adnti n.i straLive Code( consLtit tes .i in it ,'->:,er' i e o- !..-a

gated l ?gislative aut hori Ly ind is tlhefrtoforte d.s.*'l.:lacid invail ild.


Done and ordered this -- 1a' o f Apri) 1, J 98)0

in Ta'llahass:e, Florida.





DIUANE D. TREMOK
'a.ar i.n(. Of fioer
D i.vi. i.on of Admii iii l at :v .. i i .
101 Coll ins nTi Jiii..
'J'.i l.]Tl ^ t ":'.i:+..", I l o i i;l., VZ .) 1
('04) 488-96 7)
Cop i :.'; I ;i s h' d :

,John T. AlI en, ,Jr. Randa.ll N. ''horjnton
4508 C-nit. ral Avenue Post. Office I'ox Sh
St. Pt..t(r:;bur Flori.da 337.11 Lake Parnasoft' k,.-, 'lori. 3. '>.

1linet t.h E:. Apgar'F r h)lt "'. W It( I
401 North Moigatn St1t. W nol l., ta ,.1'l'cd, i Chc'i tt hn .tii;,:
Suilt. 102 Ktlep )(: Ch0ar rd
T.i-r.pa, Plorida 3360)2 P;ost Of fi l:: 5378;
l.ik. .].,lat, l"l' :! i i da 3 5;(2
1.. ri. T'I., in
'ThiOI a.; Cone, Jr. lob'rt kydc(r
I'):t. OfL i.e Box 399 320 NW T'h. ird Avcti.
1i:in;'a, FPlor.i(d 3.160L P -st. O i i .' !.o::. L,31
O:)cala For 2 .t 3270
J T. :lK 'rr
:0;o0 Ii.S. 41 So i t.i Car1t R. L.inf
!r.r :.vi.l L Florida 33512 214 Mun I. ipcl l Bui lId iinj
St ".** t't I si !"J Fl" r _id ._ 7<'1

Pot..t Offi ce. Bo)x 20t'0 Catrroll WebL', i;xecuc t i v, i i'. 't r
r< !: : .v i !1'.1, F'lori d.i 33r, 12 Ad iM:i sr r.i iv. "' ,ro*.*dtluir.*; tC. i ji.it :.
12n o1 o i l. ld iini ld inj.i
Gtr.ild A. l'iq.lrski T'Il llat: :.:.c<, I'loridai .2301
4 0 2 -lO.,o.i ii kte ,.o 1 i
Ncv.' Pier: i(ich..y Ilor .ita 33'r)51 li z Ci oudt (hi (:' f
l.in, au od l .Idrini rIstr. t:- t. it:V( C'od
J.I n :'i. *1t. ': M Hal il.at,; ,;y ]I1d l.:-.j T. l 1 t.:;:.-'. K.lo tida :*" l++l
) 1 'o *.t;i 'l i n :ti aw l'
I *;'. i ': 1" a r -i i 3 .* (. t












million persons residing in the Tampa Bay area without a public

water supply.

19. The Authority is substantially affected by the 5-3-1

Rule and is authorized to seek an administrative determination of

its invalidity pursuant to Section 120.56, Florida Statutes.



IV. Grounds for the Invalid Exercise of Delegated
Legislative Authority

A. Introduction

20. Section 120.56, Florida Statutes, authorizes the

Division of Administrative Hearings to invalidate rules

constituting an invalid exercise of delegated legislative

authority. This term is defined as action which goes beyond the

powers, functions, and duties delegated by the Legislature in the

following fashion:

(a) The agency has materially failed to follow
the applicable rulemaking procedures set
forth in s. 120.54;

(b) The agency has exceeded its grant of
rulemaking authority, citation to which is
required by s. 120.54(7);

(c) The rule enlarges, modifies, or contravenes
the specific provisions of law implemented,
citation to which is required by s.
120.54(7);

(d) The rule is vague, fails to establish
adequate standards for agency decisions, or
vests unbridled discretion in the agency; or

(e) The rule is arbitrary and capricious.

See 120.52(8), Fla. Stat.



10












(b) SWFWMD frequently issues permits which exceed one

or more of the limits specified in the 5-3-1 Rule.

(c) The 5-3-1 Rule is based on potentiometric surface

and water table fluctuation information contained in the Mid-Gulf

Study and it in essence permits users to double the annual

fluctuation in the potentiometric surface and water table

recorded by the United States Geological Service, the Florida

Department of Natural Resources and SWFWMD during the 1950's and

1960's in wells located in the study area.

(d) There was no information available at the time the

5-3-1 Rule was promulgated on the annual fluctuation in the

potentiometric surface and water table in those areas of SWFWMD

not encompassed by the Mid-Gulf Study.

(e) The geology of those areas of SWFWMD not included

in the Mid-Gulf Study are significantly different from the

geology of the Middle Gulf area.

(f) There is no scientifically valid reason for

choosing a doubling of the annual fluctuation in the

potentiometric surface and the water table as a limit on

consumptive uses.

(g) In many cases, the doubling of the annual

fluctuation in the potentiometric surface and water table may

interfere with other users or damage the resource and in other

cases tripling or even quadrupling these annual fluctuations will

not harm the resource or other users.



20



















LETTER OF TRANSMITTAL
c







Bureau of Geology
Tallahassee
April 14, 1970

Honorable Claude R. Kirk, Jr., Chairman
Florida Department of Natural Resources
Tallahassee, Florida

Dear Governor Kirk:

The Bureau of Geology, Department of Natural Resources, is
publishing as Report of Investigation No. 56, a report on the "General
Hydrology of the Middle Gulf Area, Florida" prepared by the U.S.
Geological Survey in cooperation with the Bureau of Geology and
the Southwest Florida Water Management District.
The area covered in this report is one of the metropolitan centers
in the State. Its growth is intimately tied in to the occurrence and
availability of adequate potable water. The 212 year study has pro-
vided many hydrologic aspects of the area that will aid in the formu-
lation of water-control designs and water-management practices.
The findings of the investigation are contained in two separate
reports. This report contains an evaluation of the general hydrology
of the entire Middle Gulf area, and includes both a water balance
analysis, and a description of the movement and chemical character
of the water. An earlier report by J. W. Stewart, U. S. Geological
Survey, evaluated the effects of pumpage in northwest Hillsborough
and northeast Pinellas counties.
Respectfully yours,


Robert O. Vernon, Chief






14 BUREAU OF GEOLOGY t5

The "Blue Sink" area of Sulphur Springs at the northern limits of
Tampa and lying immediately west of U. S. Highway 41 receives much
of the drainage from about 15 square miles. At least some of the flow
into this sink complex emerges in Sulphur Springs, about 2 miles south __. -
of the Blue Sink area. The average flow into this sink complex during, %
the study was less than a cubic foot per second (0.5 mgd). Maximum t. .
flow to the sinks for the period of record August 1945 September .. g
1950, August 1964-June 1966, was about100 cfs (65 mgd). Studies o>, | o
in this area in September 1945 indicated that this sink complex had a ,1 U.A. to V.
vertical drainage capacity of about 40 cfs (26 mgd). During periods of 0 0- i & *
excessive rainfall when the intake capacity is exceeded, adjacent resi- 0 %. 44
dcntial sections are flooded. The flow to the Bear Sink complex, about 1 0. 01
7 miles northeast of New Port Richey, was measured as part of the 0 W .ow *0 .* .
study. The average inflow of Bear Creek was about 30 cfs (19 mgd) and I Uj ?
the maximum inflow (March 1965 -June 1966) was 350 cfs (220 1 4U IW
mgd) in August 1965. Maximum inflow during the period of study was X 1 2, '
probably about 600 cfs (388 mgd) in September,1964. This sink 2 2
complex is in a sandhill area that has no surface drainage except the -
inflow channel. 0" io .0 *
GEOLOGY 1, | s&2I :
The Middle Gulf area is underlain at depth by several hundred feet J 2 "
of solution-riddled limestone and dolomite that compose the following 1-10
formations in ascending order: Lake City Limestone, Avon Park Lime- 0 (.
stone, the Ocala Group, Suwannee Limestone, Tampa Formation, and 0
the Alachua and Hawthorn Formations. These formations1 range in
ae from Eocene to Miocene.
, The solution-riddled and faulted limestone formations comprise
the Floridan aquifer. This aquifer is the principal storage and water-
conveying component of the hydrologic system in the Middle Gulf ,
area. It is the source of nearly all ground-water supplies in the area. *
The aquifer is overlain by sand, silt, and clay of varying thickness.
The more permeable beds within the sand, silt, and clay unit form a
subsurface reservoir called the shallow aquifer. Where (lay is present, ...
the dow1w.Iar1d w;Ielcr movementi1 is ret ar(dd. ThIlie physical (chiraicleris-
tics of the rock units underlying the area are summarized in figure
7 the areal distribution of the llawthorn Formation and older units v I
beneath surficial deposits is shown.
HYDROLOGY "I I
The quantity and (quality of water at a particular place may vary i________ |_| _l-
greatly from time to time. The changes may be rapid or very slow and
'rTihe nonmenr ialiture i:s.l in Ihis replrl conforms I that or the lBurenun of (colony, Florida I A
Division of Interior Resounrces, DI)eparlm nt of Nat unral Resources, a;nuil not Inecessarily Io thatll '
of tli U.S. (;cohical Survey. "





34 BUREAU OF GEOLOGY REPORT OF INVESTIGATION NO. 56 35

ranges from about 50 mg/1 in the headwaters to about sea-water
concentration at the mouth. 1---
CYPRESS CREEK
Cypress Creek rises in northern Pasco County and flows south-
ward to the Hillsborough River. The channel is not well-defined except
in the middle reaches near Worthington Gardens, where the banks are
relatively steep. In the upper reaches the creek emerges from low sand
hills and sinkholes and in the lower reaches south of Worthington
Gardens it flows through swampy lowlands to the Hillsborough River. _
Streamflow was measured periodically at several sites and con-
tinously near San Antonio during the study period. Near San Antonio o
in the upper reaches, the average flow was 41 cfs (26 mgd), and near the
( ith of the river the estimated flow was 190 cfs (122 mgd).
The water of Cypress Creek is a calcium bicarbonate type and its
mineral content ranges from about 25 to 150 mg/1. T.he mineralization
is lowest during periods of high flow and highest during periods of low
flow. The calcium bicarbonate water represents seepage from the
Floridan aquifer. .. |g
The following relations were used to estimate the contribution of
the Floridan aquifer to the stream and to separate the strcamflow
hydrograph of the creek into components of water from the Floridan
aquifer and from overland flow and the shallow aquifer, figure 15. The
equation is the same as that used in the discussion of the Pithlacha-
scotte River except that C1 is 28 and C2 is 165. Computations show .
thA seepage from the Floridan aquifer averaged about 7 cfs for the o
2.5-year study. Therefore, during this period the aquifer contributed
about 20 percent of the average flow of the creek (near San Antonio).
f -nputations also show that at high streamflows discharge from the "
t .ridan aquifer is a negligible part of the total streamflow but at low
flow the creek consists chiefly of water derived from the Floridan o

TROUT CREEK
Trout Creek heads just cast of U.S. Highway 1-75 and south of r
State Highway 52 and flows southward to the Hillsborough River. The ..J .
01r(1*' is sp):rscly l)(Ol)utl;hti'(, !1w ;)n11( sw.lpy, :1i(l is used im sily I'mo1 L I y ,
cat ic raincliing. ''lch channel slope ranges from about 10 feet per mile in f
the headwaters to less than 5 feet per mile at the mouth. The stream- 9
flow averaged about 70 cfs (45 mgd) for the period of study as ONO03S u3d 133J DIonD 'MO1v3V81S
(IcJ'rminc(d I)y correlating thei slreanflow of Trout Creek wilh Ithat of
Cypress Crcck and New River.

,___ .. ^ -





54 BUREAU OF GEOLOGY REPORT OF INVESTIGATION NO. 56 55




Co0
tro .... iiiiii iii I IIIIIIIIIIIitr .... iii

SUMMER CO
C* 0401 LOCATO MP


EXPLANATION "
EXPLANATION 45 45' 20-- r
14S' ^Q ^ f^Q / ^ O Contour line represents the elev- C
Contour line represents the elev- nation of the potentiometric *r RNAN /
action of the potentlometric sur- w co51 face, feet above meon sea I -,-
face, feet above mean sea level. Contour interval O feet. 50
level. Contour Interval 10 feet. l o,/r

*( ii r^r w/a / 5^IL f Middle Gulf Area Boundary
Middle Gulf Area Boundary 3d -
ad .",' ,",a









S/ ,' ,/s' 7. ) Q
#q ft





( ,








Au.. Set"e 1) ...V' 196U
Two






74 BUREAU OF GEOLOGY I
REPORT OF INVESTIGATION NO. 56 75 ,




83-0C' 45 30 'e' 82*00' 45' 1 3d
9 15 i I I 29 .
4,LEVY CO







4 SUMt RCO AKE CO -4
GOl'

Coo"a. 2






4, I / --------
,r0 . \ .. =


S ILLS ROUGH CO r





Upper nvmb Is ruCtf from lotol system
n inches Lower numbe I overoge
4 S -discharge from system in cubit fet 4 45
0 s I = econd. C3







/ t ^^rs -- --Middle Gulf Hydrl. ic System Boundory c
SI







^^.o' -Mid Gulf AreOu ... B cunory A -3o' i 0
A C __-;- o I, -4_ o
'_ / ,.







-"0 0 -- \ I -- 4O4 0 (
r EXPLANATION




part oIfyrulio tmxtem oe he..,0'S

uddll Gulf rrgai zyte comarso of fr 27 a








_.Wrtiof the arc rfasetrnedfoman e mination.of stheamas ifthe OD






94 BUREAU OF GEOLOGY REPORT OF INVESTIGATION NO. 56 95

Division of Water Parker, G. G.
Resources and Con- 1955 (and Ferguson, G. E., and Love S. K., and others) Water Resources
servation, Florida of southeastern Florida; U. S. Geol. Survey Water-Supply Paper
Board of Conservation 1255.
1966 Gazetteer of Florida Streams, Tallahassee, Fla. 1964 (and Hely A. G., and Keighton, W. B. and Olmsted F. H.) Water
I resources of the Delaware River Basin: U. S. Geol. Survey Profes-
Healy, H. G. sional Paper 381
1962 Piezometric surface and areas of artesian flow of the Floridan
aquifer, July 6.17, 1961: Florida Geol. Survey Map Series No. 4.apadopulos S.
Papadopulos, I. S.
Heath, Ralph C. (see Bredchocft, J. D.)
1954 (and Smith, Peter C.) Ground-water resources of Pinellas County, Pearce,J. M.
Florida: Florida Geol. Survey Rept. Inv. 12.
em John D.(se Black, A. P.)
m199 Study and interpretation of the chemical characteristics of natural Pride, R. W.
water: U. S. Geol. Survey Water-Supply Paper 1473. (and Meyer, F. W., and Cherry R. N.) Hydrology of the Green
Swamp area in central Florida: Florida Geol. Survey Rept. of Inv.
P61 Calculation and use of ion activity: U. S. Geol. Survey Water-Supply 42. area in
Paper 1535-C. Sanford, Samuel
Iseri, K. T. (se Matson, George C.)
(see Langbein, W. B.) Smith, Peter C.
Kenner, W. E. (see Heath, Ralph C.)
(see Cooper, H. H.) Stwart, J. W. (also
Langbein, W. B. see Bredehoft, J. D.)
1960 (and Iseri, K. T.)General introduction and hydrologic definitions: U. 1 1968 lydrologic effects of pumping from the Floridan aquifer in north-
S. Geol. Survey Water-Supply Paper 1541-A west Hillsborough, northeast Pinellas, and southwest Pasco counties,
Leggette, Brashears Florida: U. S. Geol. Survey open-file report.
and Graham Stringficld, V. T.
"1966 Summary report of ground-water investigations in northwestern (se Cooper, II. II.)
S Hillsborough County, Florida Taylor, obt
SC.WTaylor, Robert L.
Li(gham, C. W. 1953 Ilydrologic characteristics of Lake Tarpon area, Florida: U. S. Geol.
(see Ferguson, G. E.) Survey open-file report.
Love, S. K. Thomas, Nathan O.
I (see Ferguson, G. E.) 1956 Reservoirs in the United States: U. S. Geol. Survey Water-Supply
Paper 1360-A.
Matson, George C. Paper 1360-A.
1913 (and Sanford, Sanuel) (rnlogy and groundwater of Florida: U.S. S'ly Tornthwait, (c. W.
Geol. Survey Water-Sulpply Paper 319. 1931 The climates of North America according to a new classification:
Menke, C.G. Geog. Rev., v. 21, p. 633-655.
1961 (and Meredith, E. W., and Wetterhall, W. S.) Water resources of 1948 An approach toward a rational classification of climate: Geog. Rev.,
Hillsborough County, Florida: Florida Geol. Survey Rept. Inv. 25. v. 38, p. 55-94.
I1957 (;itul Milther, J. I.) I,.ntrucltion rind lahlbrs for conmpuling potl'ntial
c-rrcmlithm, F.. WV. 1957 alld M.-Ithe
M ih. .. cvalporanxpiration anld the water balance: l)rexcl Inst. of lechh. N.
(see lelke, C(. (;.) .)., v. 10, No. 4.
Meyer, F. W. Vernon, R. O.
(see Pride, R. W.) 1951 (also see Ferguson, G. E.)Gcology of Citrus and Levy Counties,
l.arbeck, G. Earl,Jr. Florida: Florida Geol. Survey Bull. 33.
. 195C (see ''Thomai, Nathan O.)

















ve.,t: it.. ion types anti oLth* varii.11,1' hydsro I o i cA.I fact.orI;.

The '!,. factors vary .(idel y tLhr u.tlc?:!11, t:h Uc sul i.a .: l Wat ('

m.-nageuent district.

(I1) If the: water: crojp iul were st rict ly

applied by SWFWMD, the peitione.rs wou ld b:e iequ hired

to purchase or otherwise acquire an additional 80,000

acres of land to supply their customers with tli water

now permitted to be withdrawn. This would obviously result

in excessive financial burdens to the petitio.ners and,

ultimately, consumers.

(12) Without 0.objectiJon by the resxo)ndernt or the

i n L.rvenors ctvid d ncs: wA.s a,(dduced l)y the pi.t.i t i< oners r(eiaj rd i in

the action of the Fl 1orida tJoint Alrdii 1ist rat i C. l)rocedur.es

CornmLttee in its review ot Rulo 16J-2.11(3) in 1976. Tlhe

under signed make s n. fi ad ing oi f t. r f a-rdi nq this evidence e

inasmuch as it is deemed rrlit..evant .nd inunlti .ri a1 to t.1 if

ultimate determin.iti on in this cause.

(13) As noted above, the City of St. PiLtersburlj is

a member of their WCRWSA. Because of recent w.itc r shortageslC:;

St. Petersburg hasi Joane.d to Plin.ellas1 Count.'.' a por tion of it:s

allotment from a well field operated by WCRStIA. It is pro, )-ctc.

that the Ciity of St.. Petersburg will need .ddli tional suuplits

Cof w.-ater: betwe, '-n ie y! '.1 s o 1 i983 ind 198'.

(14) 'Ie r1.in.i in1 i.. i' t.ervenor-s are a I i charged wi lh

thle responsibility to obtain suft icient water suppli ts within

the district of SWP.;i'MD. Thl..:y are subli.ect to t.lh consumptive-

use permnit.. ing ru l,: (f ;SW !'.MI).

( 1 ) l'.\ i
t e' w.toLer c.rop j J l \. wa st r i :t l y ,ioppl ied to Plin. l .las Couunty at

it i ..; L :" RKe .i \..' I 1, i, H-i>u .'t So' ili 'i :: 1l J c r ':;. At




I.. )










de la PARTE, GILBERT AND GRAMOVOT, P. A.
ATTORNEYS AT LAW

EDWARD P. de la PARTE, JR.
LOUIS A. de la PARTE
L. DAVID de la PARTE
RICHARD A. GILBERT 705 EAST KENNEDY BOULEVARD
LARRY I. GRAMOVOT TAMPA, FLORIDA 33602-5011
FRANK J. GRECO (813) 229-2775
WALTER R. HEINRICH
PATRICK J. McNAMARA
MATTHEW S. MUDANO February 16, 1988
DOUGLAS M.WYCKOFF



Hand Delivery


Tom Cone, Esquire
Blain & Cone
202 Madison Street
Tampa, Florida 33602

Re: Petition to Initiate Rulemaking to Replace
Rules 40D-2.301(3)(b), (c) and (d)

Dear Tom:

Attached is a courtesy copy of the West Coast Regional Water
Supply Authority's Petition for Administrative Determination of
the Invalidity of Rules 40D-2.301(3)(b), (c) and (d), which was
recently filed with the Division of Administrative Hearings.

Sincerely yours,

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



Edward P. de la Parte, Jr.

EPdlP/ms
Ends.












21. The 5-3-1 Rule is an invalid exercise of delegated

legislative authority under Section 120.52(8)(b), (c), (d) and

(e), Florida Statutes. Petitioner does not challenge the fact

the rules were adopted substantially in accordance with Section

120.54, Florida Statutes.



B. The 5-3-1 Rule is Arbitrary ad Capricious

22. Under Florida Law, a capricious action is one which is

taken without thought or reason or irrationally. An arbitrary

decision is one not supported by facts or logic, or despotic.

See Agrico Chemical Company v. Department of Environmental

Regulation, 365 So.2d 759 (Fla. 1st DCA 1978).

23. The 5-3-1 Rule is arbitrary and capricious because

there is absolutely no scientific evidence to support the

specific numbers contained in the rule. There are no

demonstrable harmful effects that will occur when these limits

are exceeded. In fact, SWFWMD frequently issues permits for uses

which substantially exceed one or more of these limits.

24. The 5-3-1 Rule is based on potentiometric surface and

water table fluctuation information contained in the Mid-Gulf

Study. The rule in essence permits users to double the annual

fluctuation in the potentiometric surface and water table

recorded by the United States Geological Service, the Florida

Department of Natural Resources and SWFWMD during the 1950's and

1960's in wells located in the study area. However, the study

area was limited to parts of Citrus, Pasco and Hillsborough


11













(h) The limits specified in the 5-3-1 Rule do not

accurately reflect the amount of water that could be

consumptively used for a particular tract of land.

(i) Instead of using the annual fluctuations in lake

levels recorded in the Mid-Gulf Study, SWFWMD derived the one

foot standard from water table fluctuations.

(j) Since the 1950's and 1960's, the annual

fluctuation in the potentiometric surface and water table

underlying the Middle Gulf area has changed dramatically and

annual fluctuations of five and three feet are no longer the

norm.

(k) SWFWMD does not treat all permit applicants

consistently and uniformly when issuing exceptions to the 5-3-1

Rule.

(1) In some cases, SWFWMD has treated the service area

of a public or private utility as land otherwise controlled by

the applicant for the purpose of demonstrating compliance with

the 5-3-1 Rule and on other occasions has refused to interpret

the rule in this fashion .



WHEREFORE, the Authority requests:

1. The Division of Administrative Hearings conduct a formal

hearing on this petition pursuant to Sections 120.56 and

120.57(1), Florida Statutes;

2. The Division of Administrative Hearings issue a Final

Order finding Rule 40D-2.301(3)(b), (c) and (d) is an invalid


21























TABLE OF CONTENTS

Abstract ...............................................1
Introduction .. ............................... .... ..... 2
Purposeandscope ......... .......... .................. ..2
Previous investigation ...... ..... ... ................ ........
Methods of investigation ............ ............ .......... 4
j Acknowledgments ... ........... .. ............... ...... 6
Geography .............. ....... ........... ...... .. ......
Location and extent of area .................................7
* Climate ............ ................. ........... .. 8
Topography and drainage ...... ......... ............ ..... .8
Geology ......... .............. ................ 14
Hydrology ....................... ......... ..... ..........14
Streams .. .......... .. ....... .................. 17
SCrystalRiver ................ .................... 18
Homosassa River ....... ................ ............ 19
Chassahowitzka River ...... ........................... 22
Weekiwachee River ... .... ........ ................. 25
Pithlachascotee River .. .... .............. ........... 27
SAnclote River ........ ....... .. .... ............... 29
Brooker Creek .... ............... .. .. ............ .. 29
Curlew Creek . .... ... .. ...... ........ .. 31
Stevenson Creek ....... .. .. ... .. .. .. ..... ........ 31
McKay Creek ....... .. .... ... .... ....... 31
Seminole Lake Outlet ......... ... .. .... .. ........ .. 31
AllenCreek .......... ... .. ..... ....... .... .. .. 31
Alligator Creek ...... ..... .. .... ........... .... 31
Rocky Creek ... ..... ...... ........ ......... ......... 33
Sweetwater Creek ........... ................ .. .. 33
Cypress Creek .. ... ............ .. .... .. ...... 34
Trout Creek ......... ..... ... ... ....... ... ..... . 34
Busy Branch ... ...... ... ... ... ..... .. ........ 36
NewRiver ........ ...... ..... ....... ... . . ... 36
Long-term trends in streamflow ... ... ..... ...... . 36
Lakes .......................... .................. 37
General characteristics .... ............................37
Lake Tarpon ...................................... 43
Aquifers ........................................... 45
Shallow aquifer .................................... 45
Floridan aquifer ......... ..... .... ................... 52
Water balance . ........... .. ......... ....62
Precipitation .... ....... ................... ...........69
Evapotranspiration . .. . . . . . . .. 71
Runoff ... ....... .. ....... ... ..... .......... 72
Ground-water outflow .... .... ... ... ...............72
Ground-water inflow ........... ....*.. ........ 73
Change in storage ..........................................76
Analysis of the water balance . . . ... .. . . . .76
Hydrologic relations ..........................................78
Water-resources development in the Middle Gulf area .. ..... ............ ..86
Summary .... ..............................................89
Selected references .............................................93

vii

J






16 BUREAU OF GEOLOGY REPORT OF INVESTIGATION NO. 56 17

may occur on the surface, underground, or in the atmosphere. Opti- The principal recharge to the aquifers occur during the summer months
mum development and management of the water resource depends to a because precipitation during these months exceeds evapotranspiration.
large extent on an adequate understanding of these changes and the When the discharge rate exceeds the recharge rate, the volume of
complex patterns of water circulation from ocean to atmosphere to water stored declines; this release of water stored at higher levels
land, and its return by various routes to the ocean or atmosphere. This sustains movement down-gradient, and water levels fall accordingly.
complex water circulation system is known as "the hydrologic cycle". Aquifers hold water in storage for longer periods than do lakes
The hydrologic system conveys all water from where it falls as rain and streams, and in effect meter out water at more constant rates to the
either to the ocean or to the atmosphere. All streams, lakes, springs, various points of discharge. Thus, discharge from the aquifers distrib-
sinks, and aquifers in the Middle Gulf area are part of a much larger utes the flow more evenly in time and maintains streamflow during dry
complex hydrologic system. The amount of water in this system and periods. This is of great importance in the Middle Gulf area because
the boundaries of the area contributing water to the system are about 80 percent of the runoff from the area is from ground-water
constantly fluctuating in response to recharge and discharge. storage. The percentage of runoff derived from ground water ranges
from almost 100 percent in the northern part of the area to about 10
Water moves from where it falls as rain, down-gradient through percent in the southern part. The runoff from the northern part )
the various interconnected water-conveying components of the sys- about five times greater than that from the southern part. The principal
tem. The principal conveying units may be streams in one area and factors that determine the quantity of water stored in the aquifer are
aquifers permeable rock units capable of storing and yielding usable the volume of the aquifer, the percentage of drainable interconnected
quantities of water to wells or springs in another area or a combina- pore spaces in the aquifer and the elevation of the discharge outlet. .
tion of both. The water may consecutively pass either from stream into The estimated amount of recoverable water in the aquifer in t
aquifer, aquifer into stream, or may be evapotranspired to the atmo- Middle Gulf based on an area of 1,700 square miles, an average of 1,000
sphere while enroute to the sea. f o a rc*
sphere while enroute to the sea. feet of aquifer thickness, and a specific yield of 15 per cent, is 53
Lakes in one area may be directly connected to the aquifer and in trillion gallons, or 160 million acre-ft. This volume in storage greatly
another area only indirectly connected or they may be perched above exceeds some of the largest surface water reservoirs in the eastern
the aquifer on an impermeable floor such that the lake is insulated from United States. For a comparison, the storage capacity of some of the
the effects of storage changes going on in the aquifer. For example, reservoirs are as follows (Thomas, 1956): Clark Hill, Savannah River,
water may move from a lake by seepage through its bottom (direct) or Georgia, 2.9 million acre-ft; Gunthersville, Tennessee River, Alabama,
water that is moving to the lake may be diverted through some 1.0 million acrc-ft; Wheeler, Tennessee River, Alabama, 1.1 million
upgradicnt connection (indirect) to the aquifer. Lakes may be drained acrc-ft; Kentucky Lake, Tennessee River, Kentucky, 6.0 million
by streams in one area and be landlocked in another. Generally, factors acre-ft; and Lake Martin, Tallapoosa River, Alabama, 1.6 million
that affect water levels in one of the components of the system will acre-ft. )
affect water levels in another component to some degree; sometimes The Middle Gulf area is underlain by a great and generally little
these effects arc so small as not to be measurcablc. Pumpage from an appreciated natural reservoir of almost staggering proportions -
autilfer may either directly or indirectly cause a (decrease in ia lke level almost 12 times the combined storage ol all thc al)ove mentioned
or a decrease in the flow of a stream or where the lake is insulated from reservoirs. However to use this stored water effectively and protect it
the aquifer it is not affected by aquifer responses at all. This appears to from waste, pollution and salt water encroachment, the aquifer must
be the situation with some of the lakes in the heavily pumped areas of have careful management.
northwest IHillsborough County.
Water enters the Middle Gulf area as rainfall and ground-water STREAMS
inflow and is temporarily stored in streams, lakes or aquifers while
enroute to points of discharge from the area. During periods of heavy The general direction of flow of the few streams in the Middle
rainfall, the rate of recharge to the area usually execed(s the rate' of GuilIf re is southwestward o rwestwardI tothe Gulf of Mexico.Streams
dlischalrge; therefl'ore strange increases and water levels rise according ly. in the rtlen Plart o1 the aIrea generally originate as springs and





36 BUREAU OF GEOLOGY REPORT OF INVESTIGATION NO. 56 37

BUSY BRANCH (145 mgd). The maximum and minimum measured flow during the
study period was 257 cfs (166 mgd) and 170 cfs (110 mgd), respec-
Busy Branch, east of Trout Creek and south of State Highway 52, lively.
flows generally southward to the Hillsborough River. The area adjacent
to this stream is sparsely populated, and is flat and swampy and is LAKES
dotted with small lakes and ponds. The channel slope is about 10 feet
per mile for its entire length. Periodic streamflow measurements were GENERAL CHARACTERISTICS
made at a site near the mouth, and an average streamflow of about 5 cfs
(3.2 mgd) for the period of study was determined by correlation with Lakes occur in most of the Middle Gulf area but are more
New River. numerous in the eastern and southern part. The origin of Florida lakes
has been discussed by White (1958) and by Matson and Sanford
NEW RIVER (1913).
Matson and Sanford (1913, p. 25) state that "In the central part
New River begins south of San Antonio and flows southward into of th s and Sanfoar d (1 i h I the ralu a
Sthe peninsula are lakes and swamps which appear to be the result
the Hillsborough River. The flow of the river averaged about 15 cfs (9.7 either of unequal depression of the surface sands or of solution of the
mgd) for the p of stuy either of unequal dcprcssion o
mgd) for the period of study. subjacent limestone and consequent lowering of the surface. ***Some
of the lakes are shallow and resemble those of the coastal belt, but

LONG-TERM TRENDS IN STREAMFLOW others are deep basins partly or wholly enclosed by a rim of rock. Many
of the smaller swamps contain peat or muck, but few of the deposits

Long-term hydrographs for three streams are shown in figure 16. atoftain any grecat ompscknd vegetable many of them form wi a th more or less
The Hillsborough River near Zephyrhills is near the southeasterngled with more or less
boundary of the Middle Gulf area; the Anclote River near Elfers is in sand."
the western part; and the Withlacoochee River near Holder is near the Figure 17 shows areas of comparable range of stage fluctuations
northeastern boundary of the area. These hydrographs show that of selected lakes within the area during the period of study. The
stram-flow during the study period approximated the average for the fluctuations show a range of less than two feet to more than four feet.
lorng-term period. Lakes in the cast-central and southern parts of the area have the
The flow of Wcckiwachee Springs west of Brooksville has been greatest range in fluctuation. Many of these lakes arc hydraulically
measured periodically since 1917. From 1917 through 1966, 300 flow connected to the Floridan aquifer through sinkholes.
r( ;urements were made, and the average of these measurements was Stage fluctuations of a lake in an upgradient area, stage fluctua-
1/t cfs (112 mgd). The maximum and minimum flows measured tions of a lake in a downgradient area; stage fluctuations of a lake
during this period were 275 (178 mgd) and 101 cfs (65 mgd), respcc- affected by ground-water withdrawals, and stage fluctuations of lakes
lively. Fotr the, situly period lt, tIe average I 8 I'low 1sut11remllent was frllnned by dtLmming lii inlcs are compared on igttrt 18. I.;ke stages
223 cfs (144 mgd). The maximum and minimum measured flow during tend to be highest in the summer or early fall during the rainy season
the study period was 275 cfs (178 mgd) and 170 cfs (110 mgd), and lowest in late spring during the dry season. Lake levels in the
respectively. upgradicnt areas of the Middle Gulf tend to fluctuate through a greater
Tie~ w p s s ir l I range than in lakes in downgradicnt areas. Where lakes are affected by
The flow of Ilomosassa Springs at lHomosnssa Springs has been rr.w t ii i
S1groutnd-water willhlrawls,levels lend to decline at greater rates than in
measured periodically since 1932. From 1932 through I9()66, 25 Ilow lakes not so al ectcd.
measurements were made. The average of these measurements was 199
cfs (129 mgd), and the maximum and minimum flows measured were The range of fluctuations is minimal in controlled lakes, such as
257 cfs (1G 6 mgd) and 125 cfs (81 mgd), respectively. The average of Alligator and Seminole lakes, which were formed by damming tidal
12nmcasurcmcnts of the flow made during the study period was 224 cfs

*i





56 BUREAU OF GEOLOGY REPORT OF INVESTIGATION NO. 56 ["

Recharge to the Floridan aquifer occurs wherever geologic and
hydrologic conditions are favorable for water to move into the aquifer.
Recharge is not restricted to areas of high water levels (as for example, 13A31 V3S NV3 3A02 j.334 '13A31 83.VM
the Pasco high). A substantial part of the recharge occurs over the
entire area through permeable material overlying the aquifer, through o o N 8 W t o D N C,
sinkholes, and from streams and lakes.
Water tends to move perpendicular to and toward contours of -
progressively lower elevation. The general direction of water move-
ment in the Floridan aquifer in the Middle Gulf area is from east to- ,
west, but in the southern part of the area movement is south to
southwest.
Discharge from the Floridan aquifer occurs as (a) sccpage or
scoring flow into streams; (b) pumpage from wells; (c) ground-water -----
( flow; and (d) evapotranspiration in areas where the aquifer is at or
near land surface. .. -
A water balance was determined for the Floridan aquifer in the __ -
southern part of the area 4nd is discussed in detail in a later section. "< iS-- -*N 8 _
Water-level fluctuations. The volume of water in the aquifer . s. -
varies with changes in the amount of recharge and discharge. When |c" ^^ f
recharge'exceeds discharge, the water in storage increases and the water
levels rise; conversely, when discharge exceeds recharge, the water in
storage decreases and water levels decline. Thus, water-level fluctua-
tions are an index to seasonal and long-term changes in storage. -
The hydrographs of wells penetrating the Floridan aquifer in the
NMddle Gulf area shown in figure 29 illustrate seasonal and long-term
clf&ngcs in water levels. The highest water levels generally occur in
September and October following the rainy season and the lowest .
water levels occur in May, just preceding the rainy season. The patterns
Seasonal water-level fluctuations generally are similar throughout
uie Middle Gulf area except for those wells in or near heavily pumped /
areas. The greatest range in water-level fluctuations occurs in the -
castert part of the Middle (;ulf o area id i in o are l heavy jumping 0 W
north of Tampa; the smallest fluctuations occur in the western part of to -o 2 --
the area, figure 30. 10. a "
Long-term water-level records of two wells (808-245-424 and C- =
815-226-112) within 5 to 11 miles of three large well fields in CSo oo _
noIrlhTwvest I illslhnrougl a:nld noriicist l 'iicllas counties do not show ...N N o to
any noticeable declines in water levels as a result of large ground-water l N N n In v CD withdrawals from the fields, figure 31. This indicates that noticeable 13A31 V3S NV3wI 3A8V 133 '"13A371 3J1 M
regional declines have not occurred. However, long-term records for a
wtlI (807-230-4 33)1 in (lie co f ofdcpission causc by pumping in St.


;*:___., .!,..





76 BUREAU OF GEOLOGY REPORT OF INVESTIGATION NO. 56

ground-water inflow could occur under certain stage conditions in the
southern part of the area, because the ground-water divide shifts
eastward across the boundary of the Middle Gulf area.

CHANGE IN STORAGE 0 0
-- t
Water in storage (S) includes that water on the surface (lakes and- .
strcams)-atid in the ground (in the aquifer and soil zone). The change in ,
storage in the Middle Gulf area for the 2-year balance period was / '
insignificant.
The change in storage for the 3-month period June 1965 z
August 1965 was equal to an increase of 8.8 inches of water over the .
area an increase of 6 billion gallons of water in the Middle Gulf area. o
D( ig the same period the rainfall and ground-water inflow was 1.03
trillion gallons. The total outflow as evapotranspiration, ground water
outflow, and runoff was 773 billion gallons.

ANALYSIS OF THE WATER BALANCE '
The monthly variations of precipitation and evapotranspiration --
for the Middle Gulf area are shown in figure 40. This figure shows that
the precipitation and evapotranspiration are highest in summer and
lowest in winter. The least precipitation occurs in November and May. -
Because precipitation greatly exceeds evapotranspiration in the sum-
mer,\thc greatest increase in storage occurs at this time.
\Thc accumulated change in storage (A S), which equals P + GI ET
R GO, for the 2 year balance period, is shown in figure 41. This figure
indicates reasonable agreement between the calculated monthly -
change in storage and the observed storage reflected by end-of-month
st( in the various water-conveying components in the Middle Gulf
area. A summary of the Values used in the water-balance calculations is z
presented in table 4.
In stInalry, hire wV;lc6r Ilbalance for tlh total system is: o
P = ET +/n+GOA S(2) 14 1- o
114= 77+36+ 10, f -V o
and for that part o the Mi dlc Gulf area in the total system, .
( 1- Itj R -1 (1()jl0 AS (3) |
(=77+4e59 2 11 0, 9__ __
and for pAS nsular Pine s County, j o0 I tO 't I o
I'- FI = R + GO AS (4) / S3HONI 'S3f1VA AHILNO^ O0I.HIMn A1V.1.'V
,90- 69 j0 |0,-







96 BUREAU OF GEOLOGY

Wcttcrhall, W. S.
1964 (also see Mcnkc, C. G.) Geohydrologic reconnaissance of Pasco and
southern lernando Counties, Florida: Florida Geol. Survey Rept.
Inv. 34.
1965 Reconnaissance of springs and sinks in west-central Florida: Geol.
Survey Rept. Inv. 39.
White, William A.
1958 Some geomorphic featuresof central peninsular Florida: Florida
Geol. Survey Bull. 41.














present, the amoun t of wat e(r w i. thdl r wa 1 r i t l ln, i:; I .s:;s

than the water crop for the amount of acredagq of the welcl-

field. Though there was evidence that SWFWMI) inqul-ired a; to

the control or ownership of the laind, t.ho act a l permit app i-

cation was not introduced into evidence noti w.s I h:re sufi. i:.i**nt

evidence adduced by petitioner to illustr, t. I lit, reason's or a

permit tor an amount less than that which would be pernmittt.d

under the challenged rule.


CONCLUSIONS OF LAW

In this proceedi.no, petitioners contend that the.

challenged water crop rule i.s an invalid exorcise of del:;at- .d

legislative authority for the reasons that:

(1) the rule exceeds SWI'v I)'s statutory alhoi it.y

under Chapter 373, Florida Statutes,

(2) the rule impermissibly conflicts with the pro-

visions of Chapter 373,

(3) the rule creates a property richt: to waIter by

virtue of land ownership, contrary to Chapter 373 and the I.'lor i Jt

Supreme Court's decision in the case of Villael. of T'ru!lest ir v.

Jupiter Inlet Corporation, 371 So. 2d 663 (Fla. 1979),

(4) the rule is arbitrary and without a rationalI

basis in fact because it is a hydrologically unsound method t:o

determine the reasonable, benf ic.i a] use of water, and

(5) the ['lrida Joint AdI inistrat iv: Procedurs*

Committo c has held tlhat tlhe: Iule c':xc:,!c:; st t. in:ucory antlrt rirty.


T]e City of St. Petersburg aligns itse].f with the contentions of

thte p)t itioners.

Theo reo.;pond nt SWJ'WMDI) asse:;rts t ht t li- p)'t i t. iO)itr;s ,.ack

standing as subst:anti illy j ff.ected jero:;os:. to c.'hiallengcj 1thi water


-1 0-













STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS


WEST COAST REGIONAL WATER )
SUPPLY AUTHORITY, )
)
Petitioner, ) CASE NO.
)
vs. )
)
SOUTHWEST FLORIDA WATER )
MANAGEMENT DISTRICT, )
)
Respondent. )



PETITION FOR ADMINISTRATIVE DETERMINATION OF THE
INVALIDITY OF RULES 40D-2.301(3)(b). (c) and (d)

Petitioner, WEST COAST REGIONAL WATER SUPPLY AUTHORITY

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

pursuant to Section 120.56, Florida Statutes, and Florida

Administrative Code Rule 221-6.04, petitions the Division of

Administrative Hearings to invalidate rules [Fla. Admin. Code

Rules 40D-2.301(3)(b), (c) & (d)] promulgated by Respondent,

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ("SWFWMD"), as an

invalid exercise of delegated legislative authority, and in

support would state:



I. Identification of Parties, Files and the Rules
Challenged Herein

1. Petitioner is a special district of the State of Florida

encompassing Pasco, Hillsborough and Pinellas Counties. The

Authority was created by interlocal agreement on October 25, 1974

pursuant to Sections 163.01 and 373.1962, Florida Statutes. The

Authority's Board of Directors is composed of representatives of












Counties and all of Pinellas County. See Exhibit C at 7-9.7

This area only covers a small segment of the sixteen county area

within SWFWMD jurisdiction. There was no information at the time

the rule was promulgated on the annual fluctuation in the

potentiometric surface and water table in those areas of SWFWMD

not encompassed by the Mid-Gulf Study. Additionally, the geology

of those areas not included in the study, especially the southern

third of SWFWMD, is significantly different from the geology of

the Middle Gulf area. Therefore, the 5-3-1 Rule is arbitrary and

capricious because it applies district-wide, while the

information used to justify its promulgation is limited to only a

small segment of SWFWMD.

25. The 5-3-1 Rule is also arbitrary and capricious because

there is no scientifically valid reason for choosing a doubling

of the annual fluctuation in the potentiometric surface and the

water table as a limit on consumptive uses. In many cases, the

doubling of the annual fluctuation in the potentiometric surface

and the water table may interfere with other existing legal users

and could damage the resource. In other cases, the tripling or

even quadrupling of these annual fluctuations will not harm the

resource or other legal users of water. A determination of the

impact of a water use on other legal users and the water resource

can only be made on a case-by-case basis using state of the art

hydrological information.



7The Authority's South Central Hillsborough Regional
Wellfield is located outside the Middle Gulf area.

12













exercise of delegated legislative authority and declare the rule

void ab initio.

Respectfully submitted,

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


By: ct 94c 'cneri
Edward P. de la Parte, Jr.
705 E. Kennedy Blvd.
Tampa, Florida 33602
813-229-2775

Attorneys for Petitioner,
West Coast Regional Water Supply
Authority


CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the

foregoing was furnished by hand delivery by Federal Express to

Kent Zaiser, Esquire, Deputy General Counsel, and Carlyn Harper,

Esquire, Assistant General Counsel, Southwest Florida Water

Management District, 2379 Broad Street, Brooksville, Florida

33512-8712, on this 15th day of February, 1988.




Edward P. de la Parte, Jr.














22







ILLUSTRATIONS 22. Map of Middle Gulf area showing contours of water
levels in the shallow aquifer during a period of high
water levels, August-November 1965 . . . .. r
Figure Page 23. Map of Middle Gulf area showing contours of
1. Map showing location and data-collection sites in and water levels in the shallow aquifer during a
near the Middle Gulf area ... .................................5 period of low water levels, May 1966 ...........................
2. Diagram illustrating the well-numbering system . . . . . 7 24. Graph showingrainfall at Starvation Lake weather
3. Map showing Middle Gulf hydrologic system boundary station, and water-level fluctuation in the shallow
and Middle Gulf area . . . .. . . . . . .9 aquifer in the southern part of the Middle Gulf
4. Map showing normal annual rainfall in Middle area, January 1965-June 1966 . . . . . . . .
Gulf area 1931-1960 . . . . . . . . . 10 25. Map showing location of sediment sampling sites
5. Map showing topography of the Middle Gulf area . . . . ... 12 and permeabilities of selected samples in the
6. Map showing location of selected sinks in and Middle Gulf area . . . . . . . .
near Middle Gulf area . . . . . . . . . 13 26. Map of Middle Gulf area showing contours on top
7. Generalized geology of the Middle Gulf area ....................... 15 of the Floridan aquifer ...................................
8. Map showing mineral content and chloride 27. Map of Middle Gulf arca showing contours of
concentration of water at selected sites on Crystal water levels in the Floridan aquifer during a
River and adjacent areas, March 25,1964 . . . . . ... 20 period of high water levels, August-September 1965 . . . . .
9. Map showing mineral content and chloride concentration 28. Map of Middle Gulf area showing contours of water
of water at selected sites on Homosassa River and levels in the Floridan aquifer during a period of
adjacent areas, March 26-27,1964 ... .........................21 low water levels, May 1966 .................................
10. Graphs showing relation between stage and 29. Hydrographs showing seasonal changes in water
streamflow, Hidden River near Homosassa . . .. . . 22 levels in the Floridan aquifer . . . . .................
11. Map showing mineral content and chloride concentration 30. Map of Middle Gulf area showing range in water-level
of water at selected sites on Chassahowitzka River fluctuations in the Floridan aquifer,January
and adjacent areas, April 8-10, 1964 ........................... 24 1964 -June 1966 ........................ ..
12. Map showing mineral content and chloride concentration 31. Ilydrographs showing long-term water-level
of water at selected sites on Weeckiwachee River, records for wells in Middle Gulf area . . . . . . .
April 29,1964 . . . . . . . . . 26 32. Hydrographs showing watr-level fluctuations in
13. Graph showing comparison of the average daily of the paired shallow and deep wells, Pasco County . . . . . .
Pithlachascotee River near New Port Richey and Floridan 33. Time-drawdown curves, Eldridge-Wilde well field . . ..... .
aquifer seepage (calculated) to the river . . . . . ... 30 34. Time-drawdown curves, Section 21 well field . . . . . '
14. Graph showing comparison of average daily flow of the 35. Map of Middle Gulf area showing mineral content and
Anclote River near Elfers and Floridan aquifer chloride concentration in the Floridan aquifer . . . . . ..
seepage (calculated) to the river . . . . . . . 32 36. Map showing water levels in wells penetrating
15. Graph showing comparison of average daily flow of the Floridan aquifer, topographic divides, and
Cypress Creek near San Antonio and Floridan aquifer boundary of the hydrologic system . . . . . .
seepage (calculated) to the creek . . . . . . ... 35 37. Map showing accumulated precipitation for period
16. Hydrographs of long-term streamflow for selected June 1964 May 1966, Middle Gulf hydrologic system .. .
streams in the Middle Gulf area . . . . . . . 38 38. Map showing average stream discharge and runoff
17. Map showing ranges of fluctuation of selected lakes for the total Middle Gulf hydrologic system . . . . .
in Middle Gulf area during the study period . . . . . ... .39 39. Mapof stern part f Middle Gulf area showing flow
18. 1lydrograph showing comparison of stage fluctuations net for computation of ground-water outflow . . . . . .
of Neff Lake (in upgradient area), Hunters Lake (in 40. Graph showing monthly variations of precipitation
downgradient area), Round Lake (affected by and evapotranspiration in the Middle Gulf area,
ground-water withdrawals), and Alligator and Junc 1964 May 1966 . . . . . ...............
Seminole Lakes (stage controlled) . . . . . . ... 40 41. Graph showing monthly accumulated change in storage
19. Map showiRn mineral content of watlr int sie'leted( calculated from wvatr balance and compared with
lakes in and near the Middle Gulf area, May 1965 . . . . ... 41 coincident fluctuations of stages of lakes and streams,
20. Graph showing changes in chloride concentrations and water level in aquifers . . . .
and water levels of Seminole Lake, 1950-1966 . . . . ... 42 42. Graph showing relation of strcamflow, stage and time
21. G(;raph showing waterlevels in Lake Tarpon and Spring in a ltid;d alstream . . . . . ....... ..
liayou and the mineral content of water in Ilke ,I ( raphl shlow,mg relaltion of water level in aquifers
Tarponduring the period of study ..............................44 (sh;lowiV and iloridan) to flnw of streams ........................

viii ix






18 BUREAU OF GEOLOGY REPORT OF INVESTIGATION NO. 56 -. i

receive little direct runoff. Based on the short period of record (about 2 Springs, appears to contribute much of the river's flow. A reconnai:
years) obtained during this study, it would appear that the flows of sancc of tributaries below Salt River indicated no significant- frel
these spring-fed streams are among the largest in the state. water flow.
Streams in ,the southern part of the area receive substantial The fresh and salt water in the river appears to be well mixed an.
quantities of water from direct runoff. Generally the channels are little, if any, stratification occurs. During tidal cycles, the change i
poorly defined in the upper reaches but the channels in the lower direction of flow near the surface of the stream and near the bottom
reaches are better defined and are meandering, occur at about the same time.
The area contributing water to a stream is usually bordered by a Themineral content of th water, which is due mostly
topographic divide but because of the interconnection between ground sodium chloride from sea water, is high near the mouth and deras
and surface water in the Middle Gulf area, the ground-water divide may upstream as shown in figure 8. Near the head of the eastem-mo
better define the area which contributes groundwate r to the stream than the tributaries, the water contains little or no salt (sodium chloride). Th
better define thie area which contributes water to the stream than the mineral content of water of the river at the gaging station just upstream
pograp from Salt River ranges from about 300 to 15,000 mg/1 (milligrams pc
The principal streams draining the Middle Gulf area are Crystal, liter). By comparison, normal sea water contains about 20,000 m )
Homosassa, Chassahowitzka, Weekiwachee, Pithlachascotee and chloride.
Anclote Rivers and Rocky, Sweetwater and Cypress creeks.
HOMOSASSA RIVER
CRYSTAL RIVER
CRYSTAL RIVER Homosassa River and its spring complex lies about an eqUda
Crystal River heads at a group of springs in and around Kings Bay distance (8 miles) from Crystal River on the north and Chassahowitzk,
at Crystal River community, and flows about 7 miles to the Gulf of River on the south. The river meanders through about 6 miles oc
Mexico. Its channel, which ranges in depth from 2 to more than 20 feet, swampy tropical lowlands to the Gulf of Mexico. Its average flow nea]
is relatively wide and in many places is weed-choked. The area contrib- the town of Homosassa, about halfway between the main springs and
uting water to the river is estimated at 80 square miles. Little overland the Gulf, is about 390 cfs (252 mgd). Of this flow, springs in th,
flow to the stream channel occurs and water gained is largely a headwaters contribute about 140 cfs (90 mgd); the Southeast Fork oc
ground-water increment. Homosassa Springs about 80 cfs (52 mgd); and Halls River about 170
The flow of the river is measured just above its confluence with cfs (110 mgd).
"' Salt River and the average discharge to the gulf at this site during the The overland flow from the area surrounding Homosassa River .
study was about 930 cfs, or 600 mgd (average discharge for 24-hour negligible. No stream channels have formed except for Hidden River
period). The average range in stage at the measuring sites was about 1.5 but numerous drainage canals and boat channels have been construct
feet. The stage is nearly identical to that of the Gulf of Mexico near in and nar the town of Homosassa Springs.
Bayport, about 25 miles to the south. Sea water migrates upstream during high tides as far as the nm
springs and the headwaters of Hall River. Springs in the headwaters o,
The maximum Ilow carried by the channel during normal t.idal 1ti S, I h' r 1 1a id i. 9, wh c.as Ilie ma
cycles is ;bout .1,000 dc's (2,()() migd). ID)ring IlI rice )411111.1 inll Srig (I los ssa Srigs)andny al sp ringsin th hadwatrs of
September 1964 the maximum flow was estimated to be more than River, ar salty (sodium chloride).all springs in the headwaters o
10,000 cfs (6,500 mgd) largely caused by wind tides and stage hidden River, about 2 miles southeast of Homosassa, flos abo
exceeded 5 feet above msl. As a result of the high tides during the 2 miles overland and disappears underground and apparently entcru
hurricane, as well as at several other occasions during the study, the llomos;iss. River d(lownslrem from Ilomos;nss. Th average of fiv
nlt daily low was negative, i.e., I'low was i d. stramflow measurements of H hidden River during the study was about
Springs in Kings Bay, numerous springs cast of the bay, seeps in 30 cfs (19 mgd). The minimum stage of the river during.this time wal
the many canals excavated into the limestone bedrock, and springs in about 2 feet above msl. The flow of the river appears to be little
the tributaries contribute ito the flow of Crystal River. 'The largest affected lby tides, all though the mineral content of the water varies front
group of springs near the head of the river, locally known as Tarpon about 400 to 3,400 mg/1 as show in figure 10.


,, ...





38 BUREAU OF GEOLOGY REPORT OF INVESTIGATION NO. 56 39
4000 1 1 0300d 4
"-ILLSSOROU4M RIVER Mae ZEPHYRHILLS ,J L Z ---



S I I I..A', I I I I I 'I I"

600 --ANCLOTE RIVER nr ELFERS ------- -MAP tOa a ^

400 -. ..
0 'EXPLANATION

stage flucruted f



WITiLACOOCIEE RIVER nr HOLDER .S S
5 ,oo ---- -------.-----.. .....-.............. ........... ... Area in which lake
stage fluctuated
from 2 to 4 feet ---


SArea In which lake
v irj, r- -stage fluctuated
.I. more than 4 feet

goo s, ,960 3,9 66 Middle Gulf Area in w "
Boundary -
Figure 16. Hydrographs of long-term streamflow for selected streams .
Sin the Middle Gulf area


inlets. Continuous gaging station records on these lakes show no
evidence of tidal fluctuation, and seasonal fluctuations are minimal.

Water from lakes in the northern and eastern parts of the area
contain a9 lower miill c p; 1 ig' li tC ailrdi, Iig 19. Waters of' sonmc Iakes near lIe cotst it al. ,1.
contain high mineral content have soidum chloride as the principal .74s'. ""7455
constituent. In other coastal lakes and lakes in the southwestern part of r /,
the area, calcium bicarbonate is the principal constituent. .. /,,n,..s_^.
The chlloride co ((nc:(lr;alition of Seminole Iakc d(Icreased 'ron t____ ._ 3 .
about 2,300 mg/1 in May 1950, when the dam was completed, to 25 "'
mg/1 in November 1957, figure 20. The water in this lake has contained
less than 250 mg/I chloride since Oclober 1951, ;bout. 2 years All'l' Figuire 17. Map showing ranges of fluctuation of selected lakes in
compn)lction of the (damIn. T'he chloride concentration has ranged from Middle Gulf area during the study period


M ulrauicsdpo





58 BUREAU OF GEOLOGY REPORT OF INVESTIGATION NO. 56

_____ __Petersburg's Section 21 well field indicate that water levels hav<
"4 .L2613 declined progressively almost 11 feet since pumping began at th
well field in February 1963. This continuous decline indicates that th:
I cone of depression is still expanding and that vertical leakage from thi
S ooshallow aquifer is not yet sufficient to support the withdrawal. There
......' .S fore, the lateral extent of the cone of depression will continue t
expand with increases in pumping rates.
Ground-water withdrawals in the well-field areas increased froi
/ Giii^iiiS J about 3 mgd in 1930 to about 45 mgd in 1966.
S EXPLANATION Hydrographs of paired shallow and deep wells in Pasco County ar
S. shown in figure 32. Water levels in the deep well (depth 150 ft.) a,
-- representative of water levels in the Floridan aquifer and water levels i
fluctuated l than 4 f , the shallow well (depth 9 ft.) are representative of water levels in th:
Shallow aquifer. Both wells respond rapidly to rainfall, and the pattern
iJiiio 5 of water-level fluctuation are similar, thus indicating good hydraulic,
Ar ?. .er o S connection between the aquifers.
fluvctuated ff rom 4 to 6
fe Hydraulics of the aquifer The transmissivity of the Florida;
feet. t 0iiiijiii Jaquifer in the coastal area north of the Pasco-Hemando County lin
Swas determined from the equation Q = TIL. The average hydraulic.
Are In which L gradient in the Floridan aquifer for a 37-mile section extending from.
ls fcd point north of the town of Crystal River nearly to the Citrus-Hernand
.,.... :,"'M0,. .i county line was about 1/2 feet per mile. The total discharge of water ir
S. .. .F;iiiiiiiiii iJ iiij this area was about 1,300 cfs (840 mgd), which included the flow ,(
Middle Gulf Areo Boundary ._.g.. Crystal River, Homosassa Springs, and Chassahowitzka River. Trans
Sli, missivity of the aquifer was 15 mgd per foot. Using the same method
the transmissivity was also computed for an 18-mile section extending
south of the Hcrnando-Citrus county line to south of the Hernando
Pasco county line. This section included the Weekiwachee Springs area
SThe hydraulic gradient in the section averaged about 2 feet per mil,
and the flow of the Weekiwachee averaged 300 cfs (194 mgd). T
computed transmissivity was about 5 mgd per foot. These large traii
missivilics of Ihe( ;auilr were reflect bIy the large spring discharged
along the northern part of the Middle Gulf area.
"274BP. ?I so A number of aquifer tests were made in the Southern part of thi
Middle Gulf in Pincllas and Hillsborough counties to determine th;
Ph/ hydrologic properties of the Floridan aquifer. Analyses of these test
ind li ll tictdic tt 1.' t;ra1s1 Iissivilty 1of ltl ((|uyil'r in ytl
Southern part of the area ranged from 165,000 to 550,000 gpd per ft
43 and the coefficient of storage from 0.002 to 0.007.

Analyses of data in engineering reports by Black and Associates
n1and Brilcy, Wild and Associates (1952, 1954) for aquifer tests at th,
lIl. li l "I 19.;( *
\. :
___ ________________i___________________...





BUREAU OF GEOLOGY REPORT OF INVESTIGATION NO. 56 79

1I I04 i I -i i i i- ii
102 -
100 -
98 NEFF LAKE near BROOKSVILLE
L96l '_ I L L L Table 4. Summary of the water balance for the Middle Gulf area, June 1964-May 1966.


SMonthly values in inches; positive except where noted


2 PITHLACHASCOTEE R nr-NEW PORT RICHEY Precipitation (P): Arcally weighted using Thicssen method.

S4 ,I-I- I Ground-water inflow (Gl): Computed as residual in the water balance for
the Middle Gulf area. Prorated on a monthly
basis.
SSHALLOW AOUER WELL 86-226-II2 Evaportranspiration (ET): Areally weighted using Thiessen method. Corn
0 I ,, I I I puted as a residual in the water balance for the
S* I total system. Adjusted really and seasonally
108, based on the Thornthwaite method.
810- Runoff (R): Values are monthly summations of runoff.
112 Ground-water outflow (GO): Computed from flow-net analysis using a varia.
"4- FLORIDAN AUFER WELL 821-217-221 tion of Darcy's Law. Prorated on a monthly
Ile -A 1 .t 1 1 .1 jI t --i II I II II. I I I 1 1 basis.
6 I I I INFLOW OUTFLOW STORAGE
4
2 / Ground Evapo- Ground Change Accumu
S 0 o Precipi- water Accumu- trans- Run- water Accumu- in lated
station inflow lated piration off outflow lated storage change i'

S ACCUMULATED CHANGE IN STORAGE\ Month, Year (P) (Gl) inflow (ET) (R) (GO) outflow (AS) storage
4 (CALCULATED) ASP-ET-R-GO+GI
J A S O N D J F M A M J JA S N M A M June, 1964 5.4 1 6.4 5.2 1.3 0.1 6.6 .0.2 .0.2
"1964 1965 1966 July 11.8 1 19.2 5.8 2.5 .1 15.0 4.4 4.2
Aug. 7.7 1 27.9 5.8 3.6 .1 24.5 .0.8 3.4
Sept. 9.5 1 38.4 4.7 4.8 .1 34.1 .9 4.3
Oct. 1.4 1 40.8 2.7 2.8 .1 39.7 -3.2 1.1
Nov. 0.5 1 42.3 1.6 1.8 .1 43.2 -2.0 -0.9
FPrrure41. Graph showing monthly accumulated change in storage c. 3.8 1 47.1 1.6 2.4 .1 47.3 .7 -0.2
( calculated from water balance and compared with coinci- Jan., 1965 2.2 1 50.3 1.1 2.4 .1 50.9 .0.4 .0.6
dent fluctuations of stages of lakes and streams, and water Feb. 3.6 1 54.9 1.4 2.2 .1 54.6 .9 .3
level in aquifers Mar; 3.2 1 59.1 2.1 2.5 .1 59.3 -0.5 *0.2
viApr. 2.9 63.0 3.4 2.2 .1 65.0 -1.8 2.0
May .8 1 64.8 3.1 2.1 .1 70.3 .3.5 -5.5
June 9.3 1 75.1 6.3 1.8 .1 77.5 3.1 .2.4
July 10.4 1 86.5 5.7 2.6 .1 85.9 3.0 .6
HYDROLOGIC RELATIONS Aug. 12.3 1 99.8 5.7 4.8 .1 96.5 2.7 3.3
Sept. 5.1 1 105.9 5.0 2.4 .1 104.0 -1.4 1.9
Oct. 2.3 1 109.2 3.0 2.0 .1 109.1 -1.8 .1
The water balance made in this study for the Middlc Gulf area has Nov. .9 1 111.1 1.6 I.s 112.6 .i.6 .1.s
accounted for ah inflow and outflow for a 2-year period. The calcula- DeJ. 2.6 11.7 1.2 2. 1 .1 11.0 .2 -*.9
Jan., 1966 4.2 1 119.9 .8 2.1 ,1 119.0 2.2 .9
tions of water in storage at a given time have been compared with actual Feb. 4.7 1 125.6 1.1 2.3 .1 122.5 2.2 3.1
stages in streams, lakes, and aquifers. Mar. t .3 2.6 126.9 .2.1 1.o
Apr. 3.3 1 132.2 2.8 2.0 .1 131.8 -0.6 .4
tIflow to any part of the system causes an increase in stage in the May 4.6 t7.s 4.5 1.9 1ss.s .0.9 _..
systern, and outflow (auscs a decrease in stage. Water levels of streams, ,,t1a 11,5.8 24 137.8 77.1 59.0 2.4 138.3 -0.5 .0.5
114 24 I,1 77 ft5' 2 1, 01 0















STATE OF IL-.OR )A
DIVISION OF ADMINISTRATIVE HEAKINNGS


PINELLAS COUNTY, a political
subdivision of the State of
Florida, )

Pt i tioner, )
) Case No. 79-2325R
vs. )

SOUTHWEST FLORIDA WATER MANAGEMENT )
DISTRICT, an administrative agency )
of the State of Floiida, )

Respondent. )

WEST COAST REGIONAL WATER SUPPLY
AUTHORITY,

Petitioner, )
) Case No. 79-2393R
vs.

SOUTHWEST FLORIDA WATER MANAGEMENT
DISTRICT, an administrative agency
of the State of Florida,

Respondent.



FINAL ORDER

Pursuant to notice, an administrative hearing was

held before Diane D. Tremor, Hearing Officer with the Division

of Administrative Hearings, on January 21, 22 and 23, 1980, in

Tampa, Florida. Upon request of the parties, oral closing

statements were made to the Iledring Officer on March 11, 1980,

in Tampa, Florida.


API':EARANCES

For Petitioner
Pinellas County: John T. Allen, Jr.
4508 Central Avenue
St. Petersburg, Florida 33711

For Petitioner West
Coast Regional Water
Supply Authority: Kenneth E. Apgar
403 North Morgan Street
Suite 102
Tampa, Florida 33602






(ij 1(














crop rule. SWFWMD contend-;s Ihat .it .Ia; proper ;ta.itutory aut ho rity

to adopt such a rule, that the rule is; not: prohibited by the

Tequestra decision or Chapter 373 and that the rule is a valid

method to review applications for a ts.onSumpnl.ivye utse permit alnd Lo

determine the reasonable beneficial use of water. The remaining

intervenors align themselves with the contentions of SWFWMD.

On the issue of standing to seek an administrative

determination of the validity of an existing rule, respondent

urges that the petitioners have not demonstrated that they are

substantially affected by the water crop rule. Respondent points

co the fact that, at the time of the petition and the hearing,

pettiionors had already received permission to withdraw almost

double the limits of the water crop rule from the Cross Bar

Ranch Wellfield. The rule thus had caused them no injury in the

past that would establish standing. Likewise, respondent con-

tends that the speculative concern of the petitioners about the

possibility of denial of their request for modification of that

permit and the possibility that Pasco (County millgt appeal .in

order modifying the permit has proved unfounded and illusory by

events occurring subsequent to the evide'nti ary lIhri ng SWFWMD

correctly concludes that Pinellas County has failed to prove

that the water crop rule was applied to limit withdrawals from

the East Lake Road Ioellfield. In summary, respondent contends

pe:t itionLlers have ti aiod to est abl :i sh injury ini the past, have

f il l.d to show any cont i lli iOnJ pre :rnt aIdverse .f i. ts: from tII*

rule and have failed to establ i sh a i til-li hood of iniijury in the

future.

The most definitive case law on the subijct of stiandini

to ch..t]lenge rules pursuantt o Chapter 120, IFlorida S;t.atut.es:;, is

found in the case of V.lorida :earti.nc.t of Offender Rehahbilitation--l,

v. .ieo r 353 So. 2d 1230 (Fla. 1st DCA, 1978). There, tiho First

District Court o, Appeal held that one,? challenging an admini strat ive



-- L-












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

Tampa, and the City of St. Petersburg. It is statutorily charged

with responsibility for the design, construction, operation and

maintenance of facilities in the locations and at the times

necessary to insure an adequate water supply will be available to

all persons residing within the Authority's boundaries. See

373.1962(7), Fla. Stat. The Authority presently operates wells

and wellfields in Pasco and Hillsborough Counties and holds

consumptive use permits for these facilities. The address of the

Authority's principal office is 2535 Landmark Drive, Suite 211,

Clearwater, Florida 34621.

2. Respondent is a state agency created pursuant to Section

373.069, Florida Statutes, and charged with regulating

consumptive uses of water in sixteen (16) counties located in

Southwest Florida, including all of Pinellas, Pasco and

Hillsborough Counties. See 373.219, Fla. Stat. Pursuant to

this statutory charge, Respondent has implemented a permitting

program which requires all persons seeking to withdraw water in

excess of an annual average daily rate of 100,000 gallons and a

maximum daily rate of 1,000,000 gallons to obtain a consumptive

use permit from the SWFWMD Governing Board. The criteria

applicable to these permits are contained in Florida

Administrative Code Rule 40D-2.301. The address of SWFWMD's

principal office is 2379 Broad Street, Brooksville, Florida

33512-9712.



2







-< -




26. The 5-3-1 Rule is arbitrary and capricious because

these limits do not accurately reflect the amount of water that

could be consumptively used on a particular tract of land.

Generally, the amount of water that can be used consumptively

without damaging the resource or injuring other users is far

greater than that permitted under the 5-3-1 Rule. In a few

cases, the amount of water that can be safely used is less than

permitted under the 5-3-1 Rule. Therefore, the rule is an

unsound method of regulating and determining the issuance of

consumptive use permits.

27. The one foot limit on the impact of a consumptive use

on lakes and other impoundments is also arbitrary and capricious.

The annual fluctuation in lake levels recorded in the Mid-Gulf

Study is about three to five feet. Instead of using this

information to set a standard for impacts on lake levels as it

did with respect to the standards for impacts on the

potentiometric surface and the water table, SWFWMD used a

derivation of the water table fluctuations to set the one foot

standard. There is no logical reason for this deviation.

28. The 5-3-1 Rule is arbitrary and capricious because the

limits are imposed at the boundary of property owned, leased or

otherwise controlled by the permit applicant. Since groundwater

is not static nor controlled by the owner of the overlying real

estate,8 this rule makes it possible for large landowners to



8See Village of Tequesta v. Jupiter Inlet Corporation, 371
So.2d 663 (Fla. 1979).

13
















16 CB-2.10 Permit Processina Fee.--
A permit processing fee shall be paid to the District at the time a
permit application is filed in the amount prescribed in the schedule
set forth in Rule 16 CB-0.111.
General Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249 FS.
Law Implemented 373.109, 373.223 FS.
16 CB-2.11 Conditions for a Consumptive Use Permit.--
(1) The intended consumptive use:
(a) Must be a reasonable, beneficial use.
(b) Must be consistent with the public interest.
(c) Will not interfere with any legal use of water existing
at the time of the application.
(2) Issuance of a permit will be denied if the withdrawal of
water:
(a) Will cause the flow of a stream or other watercourse to
be lowered below the minimum flow established by the Board.
(b) Will cause the level of the potentiometric surface to be
lowered below the regulatory level established by the Board.
(c) Will cause the level of the surface of water to be lowered
below the minimum level established by the Board.
(d) Will significantly induce salt water encroachment.
(e) Will cause the water table to be lowered so that the lake
stages or vegetation will be adversely and significantly affected on
lands other than those owned, leased, or otherwise controlled by the
applicant.
(3) Issuance of a permit will be denied if the amount of water
consumptively used will exceed the water crop of lands owned, leased, or
otherwise controlled by the applicant. (except where determined other-
wise, the water crop (precipitation less evapotranspiration) throughout
(Continued)






"( /L






44. Graph showing correlations of monthly mean flows
of Crystal River and Weckiwacheec, Rainbow and
Silversprings .........................................84
45. Graph showing similarities in seasonal changes in GENERAL HYDROLOGY
mineral content of water of selected streams in the OF THE .
middle Gulf area,January 1964 -June 1966 .......... ........... 85 MIDDLE GULF AREA, FLORIDA

By
TABLES R. N. Cherry,J. W. Stewart, andJ. A. Mann
Table Page
1. Laboratory analysis of unconsolidated
sediment samples ...................................... 51
2. Analyses of water from selected wells
in Middle Gulf area ............... .....................66 ABSTRACT
3. Summary of stream discharge and runoff
for total system and Middle Gulf area ........................... 73
4. Summary of the water balance for the The Middle Gulf area is in the west-central coast of peninsular
Middle Gulf area,June 1964- May 1966 ...................... 79 Florida and encompasses about 1,700 square miles. It contains )
cities of Tampa, St. Petersburg, Clearwater, Brooksvillc, and Crystaz
River. The area is drained principally by seven streams, Crystal, Homo-
sassa, Chassahowitzka, Wcckiwachee, Pithlachascotee and Anclpte
Rivers and Cypress Creek. The average daily discharge from the 1ea
not including peninsular Pinellas County and some coastal areas, for
the period January 1964 -June 1966, was 2,300 cfs (cubic feet per
second), or about 1.5 bgd (billion gallons a day). The average daily
discharge of Crystal River alone was 930 cfs (0.60 bgd), or nearly 40
percent of the total.
No permanent regional declines in surface or ground-water levels
have occurred in the area. The greatest local declines, ranging from 6 to
14 feet, occurred in the area of the well fields in northwest Hills-
borough and northeast Pincllas counties.
The Middle Gulf area is part of a large hydrologic system. The
total system encompasses an area of about 3,500 square miles and
extends to the eastern topographic divide of the Withlacoochee R )
The source of water for the system is rainfall which averages about 5b
inches annually. Principal outflow from the system is cvapotranspira-
tion which amounts to about 67 percent of the tot;l outflow. Runoff
amounts to about 32 percent and ground-water outflow about 1
peIrcent.
The Middle Gulf area is in the downgradient part of the larger
Middle Gulf hydrologic system and most of the streamflow and
ground-water outflow from the hydrologic system discharges from the
Middle Gulf area. During a near average period, June 1964- May
1966, precipitation on the Middle Gulf area was 114 inches; ground-
w\a;Ir inflow, 24 inches; cvapo()r;inspiralIion, 77 inches: runoff, 59
inchlcs;u d groundl-water outflow, 2 inches.

x









56 4240! 38
,I.... ? 5' 82036
S6^ --- 8 3











"*54' EXPLANATION / t ,1

Streoar cw Measuring Site- 838
-L49 2 Ctrl stal qs 0

L:-er number is miner-. content lower number is chlo- 30
ride concentratioP :cth in milligrams per liter. Bracketed
53 ."umbers are volt;es for top and bottom samples; .. 0
.&brocketed numbrs oare values for single samples. 5Si
All samples on Mar stem collected during high tide, sons
itin a 2 hour percd, March 25, 1964. -


4240 82* 36


Figure 8. Map showing mineral content and chloride concentration of water at selected sites on Crystal
River and adjacent areas, March 25, 1964










42 40' 38' 82 36' 34'
50 1 1 I 50'
EXPLANATION 3440 3000
8 0 2-000 1700
Streamfow Measuring Site 2200

Upper number is mineral content, lower rnumb
is chloride concentration, both in milligrams r
per liter. Srocke*ed numbers are values for 3580
top and bottom samples; unbracketed numbers 0
ore values for sargle samples. All samples on
main stem collected during high tide. within
oa 2-hour period. March 25, 1964.








S3730 IHmosass Springs







42' 40' 38' 82* 36' 34'



Figure 9. Map showing eral content and chloride concentration of -'iter at selected sites on '
.-- ..; -.. rent re.'s, Matrch 26-27 1094





40 BUREAU OF GEOLOGY REPORT OF INVESTIGATION NO. 56 41


[ NEFF LAKE

981- ,4. ,.-- c0 \ i *lIf
31 ( S .u ... ..
1 HUNTERS LAKE mo^sq (MA


1 _______________________________________ EXPLANATION 27
554
ROUND LAKE 800
__ ___Sampling site, showing in- co
S- Smnsiheral content, In milligrams
51 ________....__________ per liter.

47 kills--aI Middle Gulf Area Boundary *
,. .. .. . . .. .. o "2 o'- '-

ALLIGATOR LAKE '______ ( 4 ..a. K-T"oo ".
3[

SEMINOLE LAKE 6 :*A
4 .. ... ...... .22A
J F M A M J J A S J JASONDJMAMJJASO N D J F M A M J /
1964 1965 1966 o s

Figure 18. Hydrographs showing comparison of stage fluctuations of ". \\ 10 A 73'
\,Y Ncff Lake (in upgradient area), Hunters Lake (in down-
gradient area). Round Lake (affected by ground-water 55
withdrawals), and Alligator and Seminole Lakes (stage I -.r "o
controlled) C



l)(in l 3(1 In 1 8) tnm ,/1 since 19. lt"7. 1 41e ave*r;gei 1 o t11ow froi (111 lul' Ia 1
d(riiig lihe stlidy period was about 10 dcs (6.4 mgd). i' ./
^ /'j.aar y 27045t
The evaporation from lakes in central Florida appears to be about 27045 oo
equal to the average annual rainfall (Pride 1965). The mineral content
of most of the lakes is relatively low and periodic sampling of several .--. .,
lakes indi illed lit lli seaisina;il va.ri;lionl. Th low inner l contend is..... ...... ..
controlled not only by rainfall and evaporation but by constant move- -'- "-
mcnt of ground water through the lakes. Some of the lakes that have a
relatively high (onc(entrntllln of calcium bic;arbonate may receive walker Figure 19. Map showing mineral content of water in selected lakes in
by upward leakage from the Floridan aquifer, and near the Middle Gulf area, May 1965


.. ,: :' ',i;:A. .,'.::..






60 BUREAU OF GEOLOGY REPORT OF INVESTIGATION NO. 56 6-1


SI I I |I I l I 1 1 1 I -
Pinellost 13 (08-245-424) ..
Depth 141 ft., cosed 33


0 1 I I .. I..I I11
-' 8


Depth 49 ft.. cosed 43ft. I A ,l 11 i



__II I___ __ III _

4so






Millsborwufh 13 (807-230-433)
Depth 347 ft.$cased 46 ft. I





. '1 I I I I I' I I I N *.



Figre r31. Ilydrographs showing long-term water-cevel records for <
weIt s in Mi(hlle(3 ( 41' 1 C3

Eldridgc-Wilde field indicated that the vertical movement of water o
through the overlying sediments was detectable within less than a day. _o C o
A leakage factor P'/m' (where P' is the coefficient of vertical perme- u.
ability of ille ('nfining )ed and m' is the thickness of the bed) was 8&
de(Icl niniled io be about 2 x 10()'3 gl)(Ip er 3. 'T'lhe (lu ily <>1 w;tlcr .. &
recharging the Floridan aquifer based on a head differentiald of 10 feet
was computed to bc 560,000 gpd per square mile, and based on a head (
diffi:_nti;l of 15 feet on May 19, 1966, was _about 840,000 glpd per .._
square mile. 73A37w V3S NV3il c 3AO9V 133d g73A37 wf31tf
*dI li MideCul a^ n






80 BUREAU OF GEOLOGY REPORT OF INVESTIGATION NO. 56 81

"akes, and aquifers tend to respond similarly to inflow to and outflow and Wcckiwachcc, Rainbow, and Silver Springs were compared to
from the system. High and low stages occur in all at about the same determine the relation of flow of one stream to another, figure 44. The
time. The movement of water within th e hydrologic system is re fcctcd
time. The movement of water within the hydrologic system is reflect lot of W kiwachcc-Rainbow Springs and Weekiwachee-Silver Springs
by changes in stage. The stages in all components in a given area indicates a constant relationship between the flows of both springs.
fluctuate through about the same range but water stages in the eastern
r upgrading aras generally fluctuate through a Weekiwachcc Springs and the Crystal River-Rainbow Springs occur
stages in the down-gradient, or western part. about every six months. The change in slope is caused by a flow pattern
Water levels in the western part of the area arc sustained by peculiar to Crystal River, because no pronounced change in slope
downgradicnt movement of water from the cast. Water levels in all occurred in the Weekiwache-Silver or Wekiwachec-Rainbow plots.
streams, lakes, and aquifers do not react identically because all convey- The change in slope of the Crystal River plots occurs at a time midway
ing bodies cannot transmit water equally, do not receive the same 1 ctween maximum ndl minimum tide clvls during the year.
amount of recharge within a given period, nor have the same stl.ora()ge
SAn analysis of Ilow records from thcse streams shows that, with
cap-'- cities. Middle Gulf the exception of Crystal River, all of the spring discharges were highest
he Middle Gulf area is on the western side of c in the high rainfall periods, and the lowest in low rainfall periods. The
hydrologic system and outflow is largely by stream discharge and in the high rainfall pbriow, and in low rainfall p er Te
evapotranspiration from the Middle Gulf area in the downgradicnt stages of the pools of Silver, Rainbow, and W kiwache ral 10 feet
coastal part. Stream discharge is the residual of the inflo%' to the system or more above sea level. ''he stages of the spring pools of Crystal River
after all the demands of nature and man's activities have been satisfied. are near or below sea level and the discharge is influenced by tides. The
Therefore, an increase in stream discharge from the system without an discharge of Crystal River is greatest during periods of low rainfall and
increase in inflow would result in a decrease in storage. This storage least during periods of high rainfall; a condition opposite to that
decrease would be reflected by lower stages i all components within observed in the other springfed streams and caused by the annual
the system An increase in stream discharge could be brought about by variation in mean tide level. These comparisons show that, with the
lowering the discharge outlet by dredging of canals or deepening exception of Crystal River, the pattern of flow of spring-fed streams
lowerxisting the dischargels ouThe increase in stream discharge would many miles apart generally is similar and correlatable.
contiuc until the stages in all components of the system rebalance at a The mineral content of Cypress Creek, Anclote River, and Pith-
lowr level. Jachascotee River is shown in figure 45. The mineral content of the
The flow of a stream is generally related to the water level in the streams varies seasonally, and the range in the fluctuations of mineral
stream; flow in a nontidal stream generally increases with an increase in content of each is similar. Both the flow and chemical composition of
w-"'r stage. The flow in tidal streams is generally greatest at low stages. many streams in the Middle Gulf area show similar patters of variation.
F. e 42 shows that the flow of Crystal River, which is affected by The stream discharge at the system boundary is essentially the
tides, is less at high stage than at intermediate or low stage. residual of the inflow to the system. A change in infow or a change i
The flow of the spring-fed streams is related to the water stage in outflow tupl);lieni from the boundary should be reflected ly a change
the Floridan aquifer. Figure 43 shows the relation of water stage in a in stream discharge at the boundary.
well penetrating the Floridan aquifer to the flow of WcekiwacheeThe low records of four streams in the southern part of the area
Springs, and the relation of a shallow-aquifer and a Floridan-aquicr were analysed to determine the effects on stream discharge of with-
well to the flow of the Pithlachascotcc River. The flow of Wcckiwache drawal of water from the Floridan aquifer. The cones of depression of
Splings ;anld the water slage iln thie :(Ittiler arc closely rertltd. Aswll fild i in s nd nrhwest I illsb rog ties
indicated by the scatter of points, the flow of the P'ithlachascotcc River extend into areas drained by several streams. The cone of the Eldridgc-
is less closely related to the water stage in the aquifer than is the flow of Wilde well field extends into an area drained by the Anclote River and
Weekiwachce Springs. Blrookcr Creek. The cones of the St. Petersburg Cosme, and Section 21
Arclly, the flow patterns of spring-fed streams throughout the well fields extend into a s drained lby the Anclote River and Brooker,
MItllle Gull nrcen arc similar. The monthly mean Ilows of Crystal River Rocky, andl Swcetwatecr creeks.













For Respondent Southwest
Florida Water N. tnaqeomont
District: 1. M. Blain
Thomas E. Cone, Jr.
Post Offict' Box 399
Tampa, Florida 33601

Jay T'. Ahtirn
5060 U.S. 41 South
Brooksvil le, IFlorida 33512

For Intervenors: Robert Bruce Snow
Post Office Box 2060
Brooksville, Florida 33512
COUNTY ATTORNEY FOR
HERNANDO COUNTY

Gerald A. Fi.qurski
4025 Moon Lake Road
New Port Richey, Florida 33551
COUNTY ATTORNEY FOR PASCO COUNTY

Jeannetto M. Haag
lilaag and Hiag
1900 West Main Street
Inverness, Florida 32650
ATTORNEY hFOR THE WITIHLACOOCIEEE
REGIONAL WATER SUPPLY AUTIJORITY

Randall N. Thornton
Post Office Box 58
Lake Panasoffkee, Florida 33538
ATTORNEY FOR SUMMER COUNTY
RECREATION AND WATER CONSERVATION
AND CONTROL AUTHi'iOR ITY AND SUJMr''E
COUNTY

John 1. Wendel
Wendol, Broderick, Chritton &
Klope ttko, Chart:c red
Post Office Box 5378
Lakeland, Florida 33802
ATTORNEY FOR CITR BUS COUNTY

Robert S. Ryder
320 N.W. Third Avenue
Post Office Box 1635
Ocala, Florida 32670
ATTORNEY FOR WITHLACOOCIHIEE
REGIONAL PLANNING COUNCIL

Carl R. ILinn
214 Municipal Building
St. Petersburg, Florida 33701
ATTORNEY FOR CITY OF ST. PETERSBJUI


S.IN TROD AUCTION

By a petition filed with the Div:ision of Administrative

hlierings on November 21, .1.97'), Pi nol la:l ; County seeks an admiln-

istrative determination of the i.,nvalidity of an existing rule


-2-














rule mIust demonstrate injury it, fact or 1.tt I h h11. LI.h.,t of

injury from the cal ilenged rule i ; )bot-h reial and immediate.

and not conjectural or hypothetical. The Jerry case stands

for the proposition tIhat an abst rac L i ii! i ind in ury i.; not

enough to confer standing.

Equally important in the Jerry case is the Court's

pronouncement as to the legal point in time in which one must

illustrate that he is substantially affected by a rule. There,

the Court stated that Jerry, a prison inmate who challenged a

rule subjecting an inmate to disciplinary confinement and for-

ititure of gain time, had

failed to demonstrate, either at the
time his petition fr administrative relief
was filed or at the time of the hearing, that
he was then serving disciplinary confinement or
that his existing prison sentence had been sub-
jected to loss of gain time." 353 So 2d 1230,
at 1235.

Thus, it is clear that the legal time that standing must be

proven is either at the time of the filing of the petition or at

the time of the evidentiary hearing.

In this instance, the petitioners hlve met both t imc;

periods with respect to standing. Both at. the time of the filin

of the petitions and at the time of the evident:i.ir-y holearinj, both

petitioners, as co-applicants, had pending before SWFWMD an

application to increase the amount of water to be withdrawn from

the Cross Bar Ranch Wellfield. Since such an increase is con-

sider..d to be a new use under SWI.'WMI)''s Role 16-' C .-. 04 (5) the

fact: that petitioners had an ex-:isting permit e'':.ldiung the

limitations of the water crop rule is immaterial. The apple. i.cation

for modification must be considered .new by t.he respondent. In-

asmuch as the application for a modi ified permit ,texc:eds the: water

crop rule, said rule could be utilized as rounds for denial of

the CUP appliication and pet.itionerts are thereby adversely and

substantiallyy affected by the rule. The fact that the applicants



-12-












3. This petition challenges the validity of SWFWMD Rules

40D-2.301(3)(b), (c) and (d). This rule is known as the 5-3-1

Rule, and reads as follows:

"(3) The withdrawal of water:



(b) Must not cause the level of the
potentiometric surface under lands not owned, leased or
otherwise controlled by the applicant to be lowered by
more than five feet (5').

(c) Must not cause the level of the water table
under lands not owned, leased or otherwise controlled
by the applicant to be lowered by more than three feet
(3').

(d) Must not cause the level of the surface of
water in any lake or other impoundment to be lowered by
more than one foot (1') unless the lake or impoundment
is wholly owned, leased or otherwise controlled by the
applicant."

4. The Authority is unaware of the names and identification

numbers of any files maintained by SWFWMD with respect to the

above-referenced rules. However, the Authority was able to

obtain copies of transcripts, rule drafts, minutes, tapes, and

correspondence dealing with these rules from the Processing and

Records Division of the Resource Regulation Department.



II. Background

5. SWFWMD promulgated the 5-3-1 Rule on October 4, 1974,

and it became effective on January 1, 1975. The rules were

originally codified by the Department of State as Florida

Administrative Code Rules 16CB-2.11(4)(b), (c) and (d). A copy

of the original rule is attached hereto as Exhibit A. The rules


3







W-o




cause significant damage to the resource. There is no logical

reason for this action.

29. Since the 1950's and 1960's, the annual fluctuation in

the potentiometric surface and water table underlying the Middle

Gulf area has changed dramatically. Annual fluctuations of five

and three feet are no longer the norm. Assuming it was logical

for SWFWMD to establish the 5-3-1 Rule in 1974 on the basis of

annual fluctuations recorded in the Mid-Gulf Study, the numbers

relied upon by SWFWMD as the basis for the rule no longer appear

reasonable.



C. The 5-3-1 Rule Enlarges, Modifies, or Contravenes the
Specific Provisions of Law Implemented

30. The 5-3-1 Rule implements Sections 373.219, 373.223 and

373.229, Florida Statutes. Section 373.219 authorizes water

management districts to require permits for consumptive uses of

water. Section 373.223 establishes the criteria for consumptive

use permits. It provides in pertinent part as follows:

(1) To obtain a permit pursuant to the provisions
of this chapter, the applicant must establish
that the proposed use of water:

(a) Is a reasonable-beneficial use as defined in
s. 373.019(4);

(b) Will not interfere with any presently
existing legal use of water; and

(c) Is consistent with the public interest.

See 373.223(1), Fla. Stat. Finally, Section 373.229 recites the

information that may be requested of a consumptive use permit

applicant.

14






2 BUREAU OF GEOLOGY REPORT OF INVESTIGATION NO. 56 "-3

Most of the runoff from the area is discharged either as springflow for recreational and navigational needs, and for maintaining minimum
or seepage to streams from the Floridan aquifer. Eighty percent of the flow in the streams and desired levels in the many lakes in theree.
annual streamflow from the area is water derived from the Floridan Expansion has been from the Tampa St. Petersburg area northward
aquifer. primarily along the coast into relatively undeveloped areas and is only a
The water-level gradients in the system are about the same as the local phase of active expansion of the population and the economy of
topographic gradients (2-3 feet per mile). Water levels in all lakes, the state.
streams, and aquifers within any one area fluctuate through about the The water supplies to accommodate the anticipated increase in
same range, but the fluctuations are greatest in the upgradient areas. demand will be obtained mostly from the Floridan aquifer. Fresh water
Water levels are highest in the late summer or early fall following is available in some parts of the coastal areas at shallow depths, but in
the rainy season and are lowest in late May or early June. Inflow to the otherr coastal aras salt-water
system occurs primarily from June to September. limited the utility of th water.
The change in storage from periods of high water level in late In parts of the area pumpagc from the Floridan aquifer has
summer to low water level in late May is equivalent to about 8 inches of lowered some lake levels and reduced the flow of affected strearr
water over the Middle Gulf area.Water that has previously been utilized for recreation is now being
e or t d Gf a. diverted to municipal or industrial use. The competition for water
Tide has a pronounced effect on the outflow from the areas. within the area has intensified in recent years and conflicts of interest
During periods of high tides, outflow is diminished and during periods have arisen. a
of low tides outflow is increased.
Theo hemicatlo i an suc wt i g TRecognizing that an understanding of the water resource is pre-
The chemical quality of ground and surface water is good. The requisite to efficient water management, the Southwest Florida Water
mineral content is generally less than 500 mg/1 (milligrams per liter) in Management District and the Bureau of Geology, Florida Division of
the ground water and 20 mg/1 in the surface water except near the Interior Resources, Department of Natural Resources, requested that
coast, where the mineral content of both surface and ground water may the U. S. Geological Survey evaluate the potential water supply of the
approach or be the same as that of sea water. Middle Gulf area. In the course of evaluating the potential water
Ample supplies of good quality water arc available for existing supply, many hydrological aspects were investigated during the 22
and foreseeable uses. The present (1969) problem is one of water years of study which began January 1, 1964. These evaluations should
management and optimum development rather than the availability of aid in the formulation of water-control designs and water-management
water. By properly spacing wells, avoiding excessive pumping rates in practices. Special emphasis was placed in the study on northwest
localized areas and distributing well fields over wide areas, drawdowns I lillsborough and northeast Pincllas counties, where heavy demands
between wells and between respective well fields would be minimized. have been placed on the water supply and where increasingly great
Overdevelopment and subsequent declines in water levels, now re- demands arc expected to occur because this area is rapidly becoming
fleeted to some degree in lowered lake levels and in reduction in urbanized.
streamflow, would he decreased. Implementation of measures noted Ti'l. Filldils o inrv.s ;r contained i w
would tenl to minimize conflicts of interest between various water reports. This report contains an evaluation of the general hydrology of
users throughout the area. the entire Middle Gulf area, and includes both a water balance analysis,
INTRODUCTION l a description of the movement and chemical character of the
PURPOSE AND SCOPE water. An earlier report by Stewart (1968) evaluated the effects of
pumipmac in northwest 1 lillshorn lih and northeai'st Pincllas counties.
The growth and economy of the Middle Gulf area, figure 1, and its
predicted expansion require ever-increasing quantities of water for a PREVIOUS INVESTIGATIONS
variety of uses which include domestic and public supplies, for ;gricul-
turc and industry, for prot(ctionl during droughts, for abatement of' Recitrnccs to lthe hydrology and geology of Ithe Middlec Gulf area
pollution and saltwater intrusion, for preservation of fish and wildlife, ll;vc been made in several reports published by the Florida Geological






22 BUREAU OF GEOLOGY REPORT OF INVESTIGATION NO. 56 .2 -

S4 January 1, 1964 -June 30, 1966. The average flow of the river,
including all its tributaries, was estimated to be about 210 cfs (&36'
mgd) for the same period.
7 W Springs just above the main boil of Chassahowitzka Springs arc
W the freshest of any discharging to the river. Their mineral content when
S_ sampled was less than 300 mg/1, figure 11. In comparison, the mineral
3 content of Chassahowitzka Springs ranged from about 300 to 2,100
W mg/1. This wide range in mineral content is due in part to changes in
u. salinity during tidal cycles. Because only daily samples were collected,
the actual range of mineralization during tidal cycles has not been
determined.
_J |Crab Creek is about half a mile long, and enters the river from the
W 2 II\ north bank. Its average flow is about 50 cfs (32 mgd), derived from
400 1i I several boils at its head. The mineral content ranges from about 1,. )
1 rto 4,800 mg/1.
w Lettuce Creek enters the river at the north bank about a quarter of
"J 3,600_ ._a mile downstream from Crab Creek. The creek is about a quarter of a
0: mile long and several small spring boils occur in the headwater ara.
Less than 5 cfs (3.2 mgd) issues from Lettuce Creek springs but the
: 2,o00 water is fresh (mineral content is less than 200 mg/1). The elevation oi
these springs is about 5 feet above msl about the same elevation a'
the small springs upstream of the main spring boils of Chassahowitzk.
S___ Springs (mineral content 300 mg/1).
z Baird Creek enters the river about half a mile downstream from
Lettuce Creek. Baird Creek appears to flow during all normal tides (the
1.0 average of 5 streamflow measurements near low tide was about 30 cfs,
1 20 ^19 mgd) but may cease to flow during higher storm tides. The mineral
S.^ ^ content of the water at its mouth varied from 1,700 to about 6,00C
... ...________ __ amg/1.
0 10 20 30 40 50 60 70 Salt Creek enters the river about three-fourths mile downstri..
STREAMFLOW, CUBIC FEET PER SECOND from Baird Creek. Salt Creek springs do not appear to flow during.
Figirr 10. Gr;iphs showing relation between .stage and itreamflow incom, ing or hih tides. The minmrl content If wlcr a.t the head of S
; tl iniral cm content ;iam i .tea flow, Ili(hthtn Iiver tr ar Creek ws ri ht 4,000 ma I.
Hlomosassa ) Crc wasal)()tt.,00
CHASSAOWITZKA RIVER Potter Creek enters the river about half a mile downstream fro
CIIASSAHOWlTZKA RIVER 11Salt Creek. The flow of this stream averaged about 10 cfs, 6.4 mgd
The Chassahowitzka River is a shallow stream that meanders (average of 5 discharnts near low tide). The springs at th
ilt ngh about 6 nils osf tida;l marshs lowl nds ti 1 (l 1, (average of 5 discharge measurements near low (tide). The springs at th
Mexico. Its Ilow is derived chiefly Ifrom springs most of which are at the nincral c cnt th I ,0() g/
heads of tributaries in densely wooded areas that are practically in-
accessible except b)y boat. Chasshowilk and Crab Creek springs Crawrord Creek enters the river at the south bank about 2 mile
".iierentlly contil)1ute Iost of tle 'low (fig. I 1). 'i'le verge I'low o (Io\vnsltre;tn froln Sall Creek. The flow from the creek aiveraged abo
ClIhasslo)\vitzk;a River downstream from the springs at 1Ihe gaging ):l s (; I IgI)b r los. l 0, wliicl ;|a|)ciared tto come from naspringat tl1 <
'lli,,n l,,l,v l h .,Il (, ','( k (,,'I *il, ,o |I.I 11 I 1" (<( ) I ) I',) fe. ,' ib ,' I ';I "olh" e'( ',e k. AI.,,onl ;! ,lw;he'l' t."I i1iile lowlislrc~im r,,m the m;i,

L





42 BUREAU OF GEOLOGY
42 BUREAU OF GEOLOGY REPORT OF INVESTIGATION NO. 56 43

"13A31 V3S NV3W 3A09V 133. "13A31 83.LVM
o o o o o o o o o o LAKE TARPON

S-r"' ..... tLake Tarpon and its underground connection with Spring Bayou
I ? 2has been studied in considerable detail by Taylor (1953) and Heath
(1954). Wetterhall (1965) made additional measurements of salinity in
U, the sink area. No extensive study of the lake was conducted as a part of
this investigation, although continuous stage was recorded for Lake
Tarpon and Spring Bayou and daily water samples were collected at
Lake Tarpon.
> o
SN , Figure 21 shows the water levels in Lake Tarpon and Spring
Bayou, and the mineral content of water in Lake Tarpon during the
W period of study. The changes in mineral content are due mostly to
Changes in salinity, and appears to be lowest during the early fall
So months at the end of the rainy season and highest during the early
zo summer months, the dry season. During this study the lowest mineral
S- content, 630 mg/1, was observed in late September 1964. This low
u occurred about 10 days after the lake stage reached the highest level for
oE < the study period. From this low, the mineral content increased to its
) highest value (3,600 mg/1) in late July 1965. During this period of
S- higher mineral content, the lake stage varied from about 1 to 3 feet and
^ 8 *--^ U generally was about 2 feet above msl. A sharp decrease in mineral
^ content occurred immediately following the high concentration
"0) recorded in late July. At the same time, lake stage showed a sharp rise,
"followed 10 days later by a decline. Thus, the most significant de-
^ ^creases in mineral content occurred following periods of highest lake
stages. The sharp decrease in mineral content in the period July -
August 1965 is due to displacement of salty water in Lake Tarpon by
"fresh water inflow from Brooker Creek and rainfall. Dilution of the
mid-July 1965 Lake Tarpon water by fresh-water inflow could not
account for the sharp decrease in mineral content coincident with a
decrease in stage. The stage decrease was caused by drainage of the lake
Sth rough the sinkhole wlich rc.sllIed b)y early Septeiber in low stages
in the lake and low mineral content of water at the sampling site.

- o A comparison of the water stages in Spring Bayou with the water
o 0o o o stages of Lake Tarpon shows that water stages of Lake Tarpon are
S o og o g & generally higher than those in Spring Bayou. Discharge from the lake
0 0 through Spring Bayou occurred when the lake stages were above the
H31i1 83d SWVM9SlIIW 'NOIJV8jN33NO0 3OaIOiHo high-tide stage in Spring Bayou. However, the same head difference
between Lake Tarpon and Spring Bayou does not always cause flow
through the underground channel. Therefore, discharge from the lake
is probably due to a combination of head difference and the salinity


^~ .. ... ..





62 BUREAU OF GEOLOGY REPORT OF INVESTIGATION NO. 56 6.,

A 3-day test at the Section 21 well field indicated that the
permeability of the materials overlying the Floridan aquifer was small. o
Data collected by Lcggcttc, Brashears, and Graham (1966) during a -
long-term test at the well field indicated that leakage occurred within
about 11 days. The leakage factor (P'/m') computed from the test was
about 1.5 x 10-3 gpd per ft3. Based on this value of P'/m', recharge to
the Floridan aquifer by leakage from the shallow aquifer ranged from
about 590,000 to about 670,000 per square mile.
Figures 33 and 34 show time-drawdown graphs based on values of
transmissivity, storage, and leakage obtained at the Eldridge-Wilde and o
the section 21 fields. For example, at the Elridge-Wilde field the
drawdown in a well 100 feet from a well being pumped at 1,000 gpm .
for 100 days is about 6.6 feet, and at a distance of 1,000 feet the a U
awdown would be about 3 feet. Estimated water-level declines for o 0
.iy pumping rate can be determined from the curves because the o o
drawdowns arc directly related to the rate of pumping. Thus, if the o 0
pumping rate is doubled, water-level declines will be trouble that shown o _
on the curves. -
Water quality. The quality of water in the upper 300 feet of the
Floridan aquifer is generally good. The mineral content of the water is u ,
less than 500 mg/1 except near the coast where the concentration i t
approaches that of sea water. Water that has a mineral content of less 0
than 500 mg/1 is usable for most purposes. The mineral content in the H J
inland area is mostly calcium bicarbonate, which causes the water to be
4kaline and moderately hard to hard. Other mineral constituents,
including silica, potassium, sulfate, sodium, and chloride occur in ,
ncentrations generally less than 10 mg/1. Fluoride and nitrate are
usually present in concentrations of less than 1.0 mg/1. Analysis of
water from selected wells in the Middle Gulf area are presented in Table o ,

Figure 35 shows the mineral content and chloride concentration i7
of water in the Floridan aquifer in the Middle Gulf area. The high ____ __ o
mineral content of water in the aquifer near the coast is caused by sea < [ 8
water. Generally water in the area bordering the coast contains chloride o f
in excess of 250 mg/1, especially in wells deeper than 100 feet.
Mineralized water occurs at depths greater than 700 feet in the well
fields in northwest Ilillsborough and nor(hleast l'incllas countieics.

WATER BALANCE

The water balance is a method of accounting for the inflow and to o
ottflow of a hydrologic system. The balance involves estimating the 33J 'NMOMVSO






92 BUREAU OF GEOLOGY REPORT OF INVESTIGATION NO. 56 83

I 13
+7 In
+6 14
,4 -14
w Stage / +5
-+1- +4 w -
4z I w-
w W



4 1 / \ \
W I +2" W
9C I \
r- I I 1 ---






o f \ I a, \ I 1 190 ^00 21 220 2 0
.l I I>I



)- 0 0 _. -. ..|.. ..
I ,.










06 12 1 2 SHALLOW AQUIFER WELL, 816-237-234b
TIME, HOURS
Ca 0











Figure 42. Graph showing relation of streamflow, stage and time in a LORIDAN AQUIFER WELL, ei6-237.234,
) tidal stream d g

"TIc low flow characteristics of the Anclote River and Brookcr 0 *
Creek were analyzed to determine if they had changed as a result of

pumpagc of water from the Floridan aquifer. Because the low flow of / "-
Rocky Creek is affected by tides and the low fow of Swcetwatcr Creek d
is affected by regulation, the records of these two streams were not y -
Wlll (. r tr A ^.AtcoTrr nivrn a n NFw po t Ir.HEY
LI. W I
















The effect on streamflow of larcg withdrawals of water from the J | | I | |
aquifer should be most evident during periods of low rainfall, because STREAMFLOW 0o CUBIC FEET PER Soli
ound-water withdrawal is at a maximum, surface runoff is at a
Figmumre and discharge from t42he round-watcr reservoir com)rses a ligur 1. Graph showing relatlation of trcamflow tagion o water level in aquiers (shallow
n, a 1 tid riam) ) iow ostref stream


I.-; *..; ". -.; ... .















pursuant to Florida Statutes, Section 120.56. Shortly there-

after, the West Coast Regional Water .;Spply Authority filed a

similar petti ton ch.l. lenci nq t lhe s; ;me rui le as wel] ,as 1a lim. ito

to intervene in the proceeding filed by pet:titioner Pinellas

County. Upon motion of the respondent Southwest Florida Water

Management District, the two cases were consolidated. Thereafter,

the following entities moved to intervene as parties respondent

in support of the validity of the rule in question: Pasco County,

Hernando County, Sumter County, Citrus County, the Withlacoochee

Regional Water Supply Authority, the Sumter County Recreation

and Water Conservation and Control Authority, and the Withiacoochee

Regional Planning Council. Several of these movants also filed

petitions in support of the validity of an existing rule. The

City of St. Petersburg moved to intervene contending that the

rule is an invalid exercise of delegated legislative authority.

By order of the undersigned Hearing Officer, all motions to

intervene were granted. The "petitions of the intervenors in

support of the validity of an existing rule" were dismissed, as:

no authority for such a petition exists within (Chater 12(0,

Florida Statutes.

The cause proceeded to an evidentiary hearing oil

January 21, 22 and 21, 1980, at the conclusion of which all parties

rested. The parties requested the opportunity to make oral closing,

"i t.emiient ts the iHearing Off icer after the receCipt, of the t:lrans-

cr.ipt of the hearing, e;nd sucli request ; w.as:; crnltled. Close ini stat.-

ments were heard on March 11, 1980. On March 7, 1980, the

respondent Southwest Florida Water Management District filed a

"suggestion of mootness," contending that the issues in dispute

haid been rendered moot because the respondent had issued a final

order granting a consumptive use permit to the petitioner:. A

similar "suggestion of mootness" was filed by intervenor Pasco


-3-














receivc-d a fa voral, t inal 'order
subsequent to the evidentiary hearing in this proceeding is

irrelevant and iammratcrial to theli issue of. standing. As

noted :above, standing niccrue:s ei.tlhr it. the time of the

filin.; of th petit ion for 1 determin.it ion of the validity

of a rule or at the time of he.ari.nj.

For the reasons stated above with respect to standing,

the respondent's and intervenor's suggestions of mootness based

upon the subsequent issuance of a permit to j:petitioners are

denied. Petitioners are entitled to an administrative deter-

mination on the validity of Rule 16J-2.11(3), and subsequent

events can not alter tllis: right. 'The :;uijgtestl i of miootnm.s-s on

the basis of the dec'laratory statement rocqiardincg the challenged

rule issued to Pasco County on March 4, 19:0, is also denied.

To hold otherwise would permit an agency to avoid a proper

challenge to its rules by the simple device of issuing a declara-

tory statement prior to the entrance of a finall order in every

rule challenge proceeding under Section 120.56, Florida Statut,.s.

The declaratory statement issued by the respond.entrt to Pasco Count.y,

an intervenor in the present proceeding is not: binding either

on the petitioners in this case or the H hearing Of1fi cer in reach ing(,

a determination as to the validity of the cial longed rule. As
rec-ognized in the case of Slatel Dept. of HeaI.th aid RehabilitLa:jv,
------- ~ ---a ---h bi livat j vo:

Service, v. BarL', 35J So. 2d 5(.1 (l'a. 1st DCA, 1978) the uffe ct .)I

a dcc: l;.arctory sta t:emenzrt i.; one involving t lie pri,- I i :le of ::;taie

idec isi.:;, a,d not .s u dic('at.).

In sunuiary, it i:; held that the petitioners, a:; pending

applicants for a conist.r:,ptiv.e u:;e permit exceeding the limitation:

i:njosed( by the w.i :.,.- crop ru le, have :st:andin i .i as substantial. ] y

.j"'"c:ct ed persons o to ih:l, ei.e,. th-, validity of that rule. It is

[ulither held that ., L cif tlhe iniLervenors, .is w .:-r su.pp)liiers

withinn tihe jur id:ict iona 1 contfijnes: of the r.;l.spondetnt SWFWMD and


-] 3-












were later renumbered as Florida Administrative Code Rules 16J-

2.11(4)(b), (c) and (d). A copy of these rules are attached

hereto as Exhibit B. The rules presently appear in the Florida

Administrative Code as 40D-2.301(3)(b), (c) and (d). From their

inception, the rules have remained unchanged.

6. The rulemaking authority identified for the 5-3-1 Rule

are Sections 373.044, 373.113, 373.149 and 373.171, Florida

Statutes. The specific statutory provisions implemented by the

rule are Sections 373.219, 373.223 and 373.229, Florida Statutes.

7. The 5-3-1 Rule had its genesis in a report prepared by

the United States Geological Survey titled, "General Hydrology of

the Middle Gulf Area, Florida" ("Mid-Gulf Report"), a copy of

which is attached hereto as Exhibit C. The report contains

general hydrologic information concerning the entire Middle Gulf

area of Florida, which includes parts of Hillsborough, Citrus and

Pasco Counties and all of Pinellas County. The report finds that

during the period of study, the annual fluctuation in the

potentiometric surface of the Floridan Aquifer and the water

table amounted to approximately five feet and three feet,

respectively. SWFWMD used this fluctuation to establish the five

foot and three foot limits contained in the rules at issue

herein. In essence, SWFWMD determined applicants for consumptive

uses would only be allowed to double the annual fluctuations of

the Floridan Aquifer and water table at the boundary of their

property. The one foot limit on impacts to lakes and other

impoundments located on property not owned, leased or otherwise

4












31. The 5-3-1 Rule modifies Section 373.223 by adding

permitting criteria that bear no reasonable relationship to the

three standards listed in the statute. Consumptive uses can

comply with all three statutory criteria and still be denied a

permit because the use's impact on the potentiometric surface,

water table and lake levels exceeds five feet, three feet and one

foot, respectively. In fact, the Authority's seven wellfields

have in the past all been found by SWFWMD to meet the criteria

listed in Section 373.223, even though the Governing Board found

they would all exceed one or more of the limits identified in

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

32. The 5-3-1 Rule contravenes Section 373.223. This

provision favors reasonable-beneficial uses. This term is

defined as ". ..the use of water in such quantity as is necessary

for economic and efficient utilization for a purpose and in a

manner which is both reasonable and consistent with the public

interest." See 373.019(5), Fla. Stat. By tying the use of

water to standards set at the boundary of property owned, leased

,I or otherwise controlled by the applicant, the rule in effect

I reserves water to those owners of land within SWFWMD who have not

applied for a permit but who may wish to use the water in the

future. This deprives users of water that would otherwise have

been available for consumptive use. Also, to overcome the

violation the rule forces the applicant to expend large sums of

money to acquire sufficient property to completely encompass the

area covered by a five foot reduction in the potentiometric


15


















16 CB-2.11 (Continued)

be submitted within the times prescribed.

"(d) Installation of observation wells or other monitoring

facilities and may establish regulatory levels.

(e) Future reductions in withdrawals or diversions, provided

the schedule of any such reductions or withdrawals shall be set forth

specifically on the face of the permit.

(7) The Board may reserve water from use by permit in such locations
and quantities, and for such seasons of the year, as in its judgement may

be required for the protection of fish and wildlife or the public health

and safety. Such reservations shall be subject to periodic review and

revision in the light of changed conditions. However, all legal uses of

water existing September 12, 1974, shall be protected so long as such use

is not contrary to the public interest.

General Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249 FS.

Law Implemented 373.223 FS.

16 CB-2.12 Competing Applications.--

(1) If two (2) or more applications for permits, which otherwise

comply with these rules and regulations and with any requests and in-

structions by the Board, are pending for a quantity of water that is

inadequate for both or all, or which for any other reason are in con-

flict, the Board shall have the right to approve or modify the

applications in a manner which best serves the public interest as

determined by the Board.

(2) In the event that two (2) or more competing applications

qualify equally under the provisions of subsection (1), the Board
will give preference to a renewal application over an initial application.
General Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249 FS.

Law Implemented .373.233 FS.

(Continued)






4 BUREAU OF GEOLOGY REPORT OF INVESTIGATION NO. 56 5

Survey and the U. S. Geological Survey. Ferguson and others (1947), as
part of a state-wide inventory of the larger springs in Florida, described _
several of the large springs in the area. Heath and Smith (1954, p. "o' ,''
38-42) discussed the hydrology of Pincllas County and Taylor (1953)
described the drainage of Lake Tarpon in detail and some of the springs
and sinks in the vicinity of Lake Tarpon. Wcttcrhall made a gcohydro- a.',-
logic reconnaissance of Pasco and southern Hernando counties (1964)
and a reconnaissance of springs and sinks in the general area (1965).
Parker and others (1955) named and described the Floridan aquifer. LO"ATN "p
Cooke (1945) and Vernon (1951) described the geology of Florida,
and Vernon (1964) described the geology of Citrus and Levy counties.
Matson and Sanford's report (1913) on the geolo)gy and ground water -1
of Florida has been particularly useful in this study. Their report has
pertinent information on the area. Menkc, Meredith and Wetterhall
(1961) described the water resources of Hillsborough County. .
The Florida Department of Water Resources made a rcconnais-
sance of the hydrology of the Gulf Coast Basins in 1961, and in 1966
published a report entitled "Florida Land and Water Resources, South-
west Florida." The Florida Division of Water Resources and Conscrva-
tion's Gazetteer of Florida Streams (1966) gives statistics pertaining to
several streams in the area.
METHODS OF INVESTIGATION
To evaluate and understand the water resources of the area, the < 'S..
cfttirc hydrologic environment were studied. Rainfall, strcamflow, and
lake and ground-water level data was collected during the study at sites
shown in figure 1. Additional data on rain fall and temperatures were
obtained from the U. S. Weather Bureau for six stations in the Middle ..o: A
Gulf hydrologic system outside of the Middle Gulf area. 2.oo -
Drainage characteristics of the area were determined by collecting 0. "0 )
daily streamflow and water-quality data, by making field and aerial -"."
reconnaissances, and by studying maps and aerial photographs. "". .
A (let ailed ficid ree. 'nii aistsat w .a(s malu id ing May anldJ I'l, te--1
1964, of all known or probable sites of stream discharge from the
hydrolo(gic system. Specific (onm(Idtutae of wthe waer w.is mcasurc :ti "td a ''
these sites to determine if the water was fresh or salty. If the water was
fresh less than about 5,000 micromhos -- and the flow was greater __ o
than about 5 cfs (cubic feet per second) or 3.2 mgd (million gallons per ___.t----t" -.'. o
day), a streamflow measurement was made. Most streamflow measure. ..oo '0 ,,-
mcnts were not affected by Gulf tides. Continuous recorders were
lp <'lled ; sit i s ,l n m .ijr ; '' St eains, ;Hdl ( i)ri,)(li i uiI t in'itil tS w\ t !"Figite I. M |l tsli owing to'ati) ;tm1 d.aI .it;t ollee lion sidt.s i lan ;ear;
ma l ;it t ti





24 BUREAU OF GEOLOGY REPORT OF INVESTIGATION NO. 56 25
springs, several spring boils flow during low tides but not during
"incoming or high tides. The water issuing from these boils contains an..
"iron bearing floc-like material, the exact nature of which has not been'
__:_________________3o_________ determined. The mineral content of water from the boils was about
2,700 mg/1.
S The flow from Blue Run, a tributary of Crawford Creek, about a
\.' \ 1 quarter of a mile downstream from the head springs, was small. The
'0 0 mineral content of its water was 3,400 mg/1 in April 1964. However, a
o flow of 9.1 cfs (5.9 mgd) was measured on November 19, 1961
(Wetterhall, 1965).
0- 0 Ryle Creek enters the Chassahowitzka River from the south bank
p f o about a quarter of a mile downstream from Crawford Creek. The flow
Appears to be negligible. However, some flow from small boils at the
SV head of the creek was observed during low tides. Water from these boil )
t contained a suspended red to yellowish-red, iron bearing floe-like
0 o material. This material is similar to that which comes from boils in

I 1 . Crawford and Baird creeks. The mineral content of the water frorp
"'r^ | Ryle Creek boil was about 6,000 mg/1.
Sp Blind Creek (not shown on map) enters Chassahowitzka Bay
SOD 14 ) about 3/2 miles downstream from Ryle Creek. The source of the creek's
p-I Jo water is from several boils in the headwater area. The mineral content
S"o* of the water from these boils ranged from about 5,000 to 14,000 mg/1.
1 8 WEEKIWACHEE RIVER
Weekiwachee River heads at Weekiwachee Springs, about 5 miles
southeast of Bayport. The river meanders through about 7 miles of
E, swampy lowlands to the Gulf at Bayport. Its channel is well-defined
Si-- \ and is cut into the underlying bedrock. Many springs flow into the
SI stream through openings in the streambed.
The flow of the river is derived chiefly from Weekiwachee Springs.
S. lDuring January 1964 to June 1966, these springs had an average flow

,9 .river at a gaging sitc about 5 miles downstream from the springs was
E ahb out 260 cfs (168 mgd). The large quantities of water flowingin these
I Ix0 C streams can be judged by comparison with the water currently (1966)
.ig ',tl ^ supplied by the Eldridge-Wilde, Cosmc, and Section 21 well fields, 45
S 8 mgd, or 70 cfs.

-, .... I I 0 E The water of Weekiwachcc River is low in mineral content from
$ the, hlcadwatcr (at Weekiwachcc Springs) to near its mouth, figure 12.
l 'u'le mnical conltentl. of Wcckiwachee Springs is nearly constant at 145
mg/I.





44 BUREAU OF GEOLOGY REPORT OF INVESTIGATION NO. 56 45
I conditions in the underground channel connecting Lake Tarpon with
.3 '- > Spring Bayou, as explained by Cooper in a personal written communi-
cation with Heath (1954).

-< g AQUIFERS

- \ ^The aquifers in the Middle Gulf area are the shallow aquifer and
the Floridan aquifer.
4-0
"U SHALLOW AQUIFER
z
The saturated coarser grained surficial deposits overlying the
o h limestone constitute an aquifer that receives water almost entirely
0 from local precipitation. The exception is recharge from artesian
-"^ 0 seepage and springs and from man's activities and works, including
So irrigation and effluent from septic tanks and cesspools. The depth to
0. i water in the shallow aquifer averages less than 8 feet, and in much of
S,, the area is less than 3 feet below land surface.
SThe slope of the water surface is controlled by the permeability of
Sthe water-bearing materials, saturated thickness of the deposits, and
\-J local variations in recharge and discharge. Rises in water level are
"caused by recharge by rainfall, and declines in water level are caused by
"_ seepage into streams, lakes, and canals, by evapotranspiration, by
-. --- leakage induced by pumpage from wells, and by natural leakage into
the Floridan aquifer.
z The general shape of the water surface in the shallow aquifer for a
So 2 high-water period August November 1965, and a low-water period
3 May 1966, arc shown in figures 22 and 23, The August-November map
S4 represents a period when water levels are at seasonal highs, and the May
S"Pmap represents a period when water levels are at or near seasonal lows.
,, The direction of movement of the water is down-gradient and
-, ,, P, normal to the contour lines. The water moves generally westward in the
b I- northern part of the area and south tol souliwcslwaclrd atld soutlhast-
ward in the southern part. The slope of the shallow water table is about
S> -< .o the same as the slope of the stream channels in the area, and the
"configuration of the water table is similar to that of the land surface
"> and that of the potcntiomctric surface of the Floridan aquifer.
'1Che water level in the shallow aquifer ranges from slightly below
S0 0 o 0 o 0 0 0 o to as much as 17 feet above the water level in the Floridan aquifer.
0 8 N N < Throughout much of the area, water moves downward from the
.in 8M3d sv"omn "13A3"1 v3s NV3 Mo3Q HO shallow aquifer and recharges the Floridan aquifer. lHowever, locally
l 'N3'iNOo "v1d3Nlw 3AOQV .33 O13A3"i 830v around upper Old Tampa Bay and southeast of New Port Richey, the

________N_______J_____ .NO_______________________________N_________________N: ^eH.___AO__________________1_______________________1JA_____________1___________31VM____________






64 BUREAU OF GEOLOGY REPORT OF INVESTIGATION NO. 56 65



oo, ,...... 0-26

--oop 2





A > EXPLANATION J75-6
O45' 0 203-1 o7-7


0 Upper number precdlno doh, is m- 4 I
0 e"_ contoe, upper number felowi ..
--- --doeh. i chlorl kconcontroon. both ... .. co
in milligrams per liter. Lower numbers
Shicate sampling htervol I feet below
o nd surface.

" 14 0t Areo where water In wells more thwn 100 % -
o O 0 0 feet deep I likely to contain chloride ,
O 0 0 3 In excess of 250 millgroms per liter. .
So 4 N 0,.- o^, 11I-305., _.'
._ 0.." 0 2 1 / ^^"^^PV*, _
Middle Gulf Aree Soundary ,-HNANCo co


o l l ?7"
i 0


0 .1






0 ;








8 8S At a 0


0 5 -A
133.4 'NMOOMV-C
Figure 35. Map of Middlec Gulf arca showing mineral content and
chloride concentration in the Floridan aquifer




L ..





REPORT OF INVESTIGATION NO. 56 8
84 BUREAU OF GEOLOGY

16,000-- 5,000 ~ r-

RAINBOW SPRINGS

12o000 ,o 0 4-000

8,000o o 0 -3,000 :

0 YS Q0 ''CL

S000 "--WEEKIWACHEE SPRINGS 2000 0



I oo O = ''" 5 :~|

CRYSTAL RIVER

wJ 0 4,000 8,000 12000 169000 209000 *
U. CUMULATIVE MONTHLY STREAMFLOW, CUBIC FEET PER SECOND U. E J -, ,
2 49000 -20,000

WEEKIWACHEE SPRINGS __, -- |

S 000 000 I .0

i ,oo / -, Iz --E
0 / J.

S,2oo000- / 12 ,o 0

30 0/000/ 2A ..
0 0 000
I U / 8 D -- ,
W
0 8000


// RAINBOW SPRINGS .
0o o00880 8 8 00
0 4,000 8,000 12000 16,000 20,00 0 N N
CUMULATIVE MONTHLY STREAMFLOW, CUBIC FEET PER SECOND 83i1 y3d S1VOI7711t '1JN31NOZ 1V83NW4

I:igurc 44. (;ran)h showing Corrctaions of munlhlly mac~n riows of
Cry.il; Rivwr ;lnd Wcrkiwaclwe, R;inhow ;tnil Silver
sj )t-














County contend. ng that tlthe filt l ni tr" alnd pi'rmnit i :-;s;ued by

the respondent, as well as a decilarl.itory s;t.lt ti,.lnt. recording tlihe

applicabi l ty of the chaltllenged rul e, ireindclered the issues in

this proceeding moot. Dur inl t.he t il. sciheduill- ed for closing

statements, the respond-nt aIqcinvy aid t.h,: i t.rvnors in support t

of the rule also requested the lc.aring Officer to take (official

notice of the final order granting the consumptive use permit, the

permit itself and the declaratory statement issued to Pasco County

on March 4, 1980, and proffered these documents into evidence

as Exhibits K and L. The undersigned reserved ruling on the

objections by petitioners to the admissibility of these documents

into evidence at that time.

It is the holding of tlhe utlnlrs i!nri-d that official

notice will be taken of the l'e-l:cruary 6, 1980, fiinal.l order granttilnq

the permit to petitioners, the permit and the March 4, 1980

declaratory statement of the respondent to Pasco County for the

purpose of ruling on the sugtltj::st.ions of( moo-tnres.;. However, the-

objections to proffered Exhibits K and 1. anre sustained on the, basis

of timeliness and that they are irreletv.ant and immatoril I t.o any

issue in dispute herein, including,) the i:;:;u of tlh' tand.i I; of

petitioners to seek a determinant ion of: lt:lih validity of a rule.

The-se rulings will be di scu.ss'-d furt. hr in t.lhe Conc u:iio
portion of this order.

"The let it iomi cr Pti.noJ Ia Coiunty t i. t tih< tioe;pondent have.

.:.ul.ib i tt ed ) to tl. Hlea' i, nj O)g I i i' mr i ( o ;oiI..; i ,i I d i.o i': conta i iicg

proposed findim.jgs of fact and proposed conc] us teons of law. Ths:e,

as weJl Ias the legal ne:;moi rain(! submit.tud ly t.he plar ties, have- been

fully and carefully onsid red byci. t:h the under.si ,n.d. To tlii ox xtent

t hat. t ie propo .d fidliinest, oif fact ar, noti) i ne'ror- ated in this

[ inil order, they are. rejected as le.i.ng oeithe:"r irrelevant and

.iinm:iat.ori al. to the- i :ssu. .:; 'oc C i*. ter_ nina ion,1t lheir.in., not su portedd





--1-

















therefore subject to its rules, have .1 sufficient interest

in the proceeding so as t o allow tm to i nt efrvene as

part: ies.

The remaLnini)( i.ssu or deI l li i tnait. ion i t is pil, -

ceeding is whether Rule 16J-2.11(3) constitutes an invalid

exercise of delegated legislative authority. Chapter 373,

Part II, Florida Statutes, is the legislative act which

governs the permitting of consumptive u:;es of water. Section

373.223(1), Florida Statutes, lists the statutory criteria

required to be met prior to the issuance of a consumptive use

.e.rnmit. That section reads as fo< 1.low;:

373.223. Conditions; for ;i perrn it .-

(1) To obtain a porinit pursuant to the
provisions of this chapter, the applicant
must establish that the proposed use of
water:
(a) Is a reasonable beneficial use as
defined in s. 373.019(5); and
(b) Will not interfere with any present ly
existing legal use of water; and
(c) Is consistent with the public interest.

A "reasonable-beneficial. use" is defined in 373.019(4) as

"the use of water in such quantity as is
necessary for economic and efficient:
utilization for a purpose and in a manner
which is both reasonable and consistent
with the public interest."

Section 373.1.71, Florida Statutes, empowers the respondent

SWFWMD to promulgate rules and regulate ions not inconsistent.

with other provisions of: Chapter 373.


The rule in question herein, Rule 16J-2.11, lists

in subgection(1) t ththree statutory conditions for a CUP

contained in Florida Statuites, 373.223(1) The rule then

goes on to stale several. instances wherein a CUP will be

den i'ed. One of these cond i.t.ions is the cha I Ked port ion

of .:ule 16J-2.11; to wit, subsection (3) which states

that the



-14-












controlled by the permit applicant was developed on the basis of

the three foot fluctuation in the water table.

8. In 1976, the Joint Administrative Procedures Committee

objected to the 5-3-1 Rule on the grounds the rule exceeds

SWFWMD's statutory authority, is not reasonably related to the

ends specified by the Legislature for Chapter 373, Florida

Statutes, and conflicts with the statutory criteria for a

consumptive use permit. SWFWMD declined to revoke or modify the

rule in response to the Committee's objection.

9. In 1979, the Authority and Pinellas County challenged a

companion rule known as the water crop rule. See Pinellas

County, et al. v. Southwest Florida Water Management District, et

al., DOAH Case Nos. 79-2325 and 79-2393 (Final Order entered

April 9, 1980).1 Like the 5-3-1 Rule, the water crop rule had

its origin in the Mid-Gulf Study and had received a similar

objection from the Joint Administrative Procedures Committee.

The water crop rule was invalidated by the hearing officer

assigned to the case.2 A copy of the Final Order is attached

hereto as Exhibit D.





1The hearing officer assigned to this case was Diane D.
Tremor.

2The Final Order was appealed by the Southwest Florida Water
Management District to the Second District Court of Appeal. See
Southwest Florida Water Management District, et al. v. Pinellas
County, et al., Case Nos. 80-800, 80-801, 80-803, 80-804, 80-828,
and 80-829. The appeal was dismissed by the court on October 3,
1980 on the basis of the appellants' voluntary dismissal.


5












surface, a three foot reduction in the water table and a one foot

reduction in lake levels. This is not an economic and efficient

utilization of water.

33. The 5-3-1 Rule enlarges the statutory provisions it was

designed to implement. The Rule creates an unexercised right to

use water under one's land by tying the right to water to

ownership of the overlying property. This is contrary to the

Florida Supreme Court's decision in Village of Tequesta v.

Jupiter Inlet Corporation, supra.



D. The 5-3-1 Rule is Vague, Fails to Establish Adequate
Standards for Agency Decisions, or Vests Unbridled
Discretion in the Agency

34. The 5-3-1 Rule vests unbridled discretion in SWFWMD to

approve or deny consumptive use permits. Most consumptive uses

permitted by SWFWMD exceed one or more of the standards listed in

Florida Administrative Code Rule 40D-2.301(3)(b), (c) and (d).

This includes all of the Authority's wellfields. The only way

these uses are permitted are through the issuance of an exception

by the SWFWMD Governing Board pursuant to Florida Administrative

Code Rule 40D-2.301(4). This rule does not contain adequate

standards for the issuance of an exception. Also, SWFWMD does

not treat all permit applicants consistently and uniformly. In

some cases, the agency does not condition the exception on

special permit conditions. At the opposite extreme, the agency

requires numerous special permit conditions in return for an

exception. This creates an atmosphere in which most users are


16








Supp. No. 53 CONSUMPTIVE USE OF WA( CHAPTER 16J-2

16J-2.07 Notice of Application Form. Application to be published once a week for two (2)
(1) Upon receipt of the completed permit consecutive weeks in a newspaper having general
application, the Board shall prepare a Notice of circulation within the affected area.
Application which shall be in substantially the (2) The Board shall cause copies of the Notice
following form: of Application to be mailed to all owners of real
Notice of Application for a property set forth in the Affidavit of Ownership
Notice of Application for a required in Rule 16J-2.06(2). Such notification shall
Consumptive Use Permit for Water be sent by certified mail return receipt requested,
posted not later than the first date of publication.
in County (3) The Board shall cause copies of such Notice
"of Application to be mailed to persons who have filed
Southwest Florida Water Management District has written requests within the immediately preceding six
received an Application for a Consumptive Use (6) months for notification of any pending
Permit from (Applicant) (Applicant's Address) applications affecting the particular designated area.
Such notification shall be sent by regular mail posted
not later than the first date of publication.

for use by withdrawal of not more than (4) The Board may cause notices to be posted
Ss wt r a not mrin prominent locations at or near the locations of
gallons of water per year and not more than withdrawal and if the withdrawal during any single
gallons of water during any single day to day is to exceed ten million (10,000,000) gallons
be withdrawn from (Source) average per day on an annual basis the Board shall
located at (Precise location) in (Municipality, cause not fewer than two (2) such notices to be
a f posted not later than the first date of publication of
if any, and County) for the purpose of the Notice of Application. Notices to be posted shall
(Nature and location of use) This application be in substantially the following form:
is for (Insert one: an existing use, a new use, NOTICE
a modification a renewal.) Application has been made to the Southwest
a modific a r ) Florida Water Management District for a
Written objections to issuance of such permit consumptive use permit to withdraw water at
may be filed with the Board of Governors of or near this location and is on file at the
Southwest Florida Water Management District in District office. Any objections must be received
person at its offices on U. S. 41, seven (7) miles not later than
south of Brooksville, Florida, or by mail to P. O. Board of Governors
457, Brooksville, Florida 33512. Southwest Florida Water
Such objections must be received by the Board Management District
not later than Any objections P. O. Box 457
so filed should set forth reasons for the objections Brooksvil, Florida
and must be signed by the objecting party and should General Authority 373044, 37311 373149
list the mailing addresses of the objecting party. 373.216, 373.249 FS. Law Implemented 373.116, 373.229
A hearing will be held at (Time) on FS. History-Readopted 10-5-74.
(Date) at before (Board or hearing
examiner) to consider the application and all 16J-2.09 Times for Receiving Objections and
written objections, to hear testimony and to receive for Hearing. The deadline for receiving objections to
documentary evidence. Such hearing may be the application shall be a day not sooner than
reasonably continued to a time and date certain fourteen (14) days after the date of first publication
announced at the hearing without further notice. of the Notice of Applcation required in Rule
The application is on file at the District office 16J-2.08; the date of hearing shall be a day not
and available for inspection at all reasonable times. sooner than seven (7) days after such deadline.
(One of the following alternative paragraphs should Geneal Athrity 373.044, 373.113, 373.149. 373.171,
be inserted if applicable:) 373.216, 373.249 FS. Law Implemented 373.116, 373.229
be inserted if applicable:) FS. History-Readopted 10-5-74.
This application does not exceed one hundred
thousand (100,000) gallons average per day and the 16J-2.10 Permit Processing Fee. A permit
Board, after proper investigation by its staff, may at processing fee shall be paid to the District at the time
its discretion consider the application and any written a permit application is filed in the amount prescribed
objections filed thereto without holding the hearing, in the schedule set forth in Rule 16J-0.111.
This application does not exceed one million General Authority 373.044, 373.113. 373.149, 373.171,
(1,000,000) gallons average per day and if no 373.216, 373.249 FS. Law Implemented 373.109, 373.223
objections are received, the Board, after proper FS. History-Readopted 10-5-74.
investigation by its staff, may at its discretion 16J-2.11 Conditions for a Consumptive Use
approve the application without holding the hearing. Permit.
(1) The intended consumptive use:
Southwest Florida Water Management District () The intended onable, b beneficial use.
(a) Must be a reasonable, beneficial use.
General Authority 373.044, 373.113. 373.149, 373.171, (b) Must be consistent with the public interest.
373.216, 373.249 FS. Law Implemented 373.116, 373.229 (c) Will not interfere with any legal use of
FS. History-Readopted 10-5-74. water existing at the time of the application.
(2) Issuance of a permit will be denied if the
S16J-2.08 Publication and Distribution of withdrawal of water:
v Notice of Application. (a) Will cause the rate of flow of a stream or other
(1) The Board shall cause the Notice of watercourse to be lowered below the minimum rate of'flow
23






6 BUREAU OF GEOLOGY REPORT OF INVESTIGATION NO. 56

measurements were available was computed by correlation with nearby -.. .. .... ....
continuous record stations. K. "
Spring flow does not vary greatly within short periods, and ,, .
monthly flow values were sufficient to compute the average flow. For '' ,^.' ..
example, monthly average flows determined from the monthly flow ; '. -
values of Rainbow Springs in Marion County are in close agreement .. "
with those determined from the daily flows. The flow for the period of ,
study from large springs such as Wcckiwachee, Chassahowitzka, and ..... |
Ilomosassa were determined from hydrographs of monthly flow j!i'lil; ..... -. 7 j
measurements. The flows of smaller springs, such as Bobhill and Salt in : "
Hernando County, were measured about two to three times per year. !.:t [ ,
The measurements were made at times of both high and low flow and ti).
were averaged to obtain the average flow for the period of study. I i
Occurrence and quality of ground water were determined by ::!li; :ii % \ '' ...
collecting data on water levels, surface and subsurface geology, and .:. !.,. :: j
water samples for chemical analysis from springs and wells, most of ..::::..:, ., ', ., .
which arc supplied by the Floridan aquifer. Continuous records of _. "' .
water-level fluctuations in the aquifer were supplemented by periodic ..
measurements of water levels in wells. The level of water in each well
relative to mean sea level datum was determined from topographic ....
maps or by a spirit level. 1 1.
To obtain specific information on the occurrence of ground water "' "" "
in the Middle Gulf area, test wells were drilled. Additional subsurface i '
information was obtained by interpretation of electric, gamma-ray,
'and drillers' logs of wells in the area. All well sites were numbered, Figurc 2. Diagram illustrating the well-numbering system
\ based on coordinates of a state-wide grid of 1-minute parallels of
latitude and 1-minutc meridians of longitude as shown in figure 2. Special thanks arc also due to Dale Twachtmann, Execut
Director, Southwest Florida Water Management District, for
ACKNOWLEDGMENTS patient encouragement throughout the investigation, and to Garalh.
Parker, Chief Hydrologist, of the same agency for his revicv e

The writers wish to express their appreciation to the many citi- manuscript.
zcns of the area who permit ld the sampling of water and measuring of Appreciation is expressed for the extensive technical and edited
water levels in their wells and to the well drillers 'or furnishing drill review ol Ihe minuiscrip by S. Rosenshlci, l'gnci R. Ilampt
cuttings, water-level data, and other helpful information. Special Gilbert 11. llughes and C. A. Pascalc, all of the U. S. Geological Sun
acknowledgments arc due to the Florida State Road Department and The work on this project was done under the general direction
the counties of Citrus, Hernando, Pasco, Hillsborough, and Pincllas for C. S. Conover, District Chief, Water Resources Division, U. S. GeoV
granting permission to drill test wells on public lands. cal Survey.
Special thanks arc due to Drs. Luther C. Hammond, R. E. Cald- GEOGRAPHY
well and V. W. Carlisle of the University of Florida and their aid and LOCAIION AND EXTENT OF AREA
suggeslinns in the determination of cvap)otranspiration by the Thorn- Mil GIf ar b 1 70 sqar miles, in t ie cen
west coast. of peninsular Florida and includes parts of Citrus, II






26 BUREAU OF GEOLOGY REPORT OF INVESTIGATION NO. 56 27
PITHLACHASCOTEE RIVER

" PS 8.The Pithlachascotec River rises in south-central Hemando County
__ 3 and flows southwcstward through Pasco County to enter the Gulf of
4 Mexico at New Port Richcy. The major tributaries are Jumping Gully
Si o and Five M ile Creec k. The upper reaches contains m any lakes, sinks, and
Sdepressions. The middle and lower reaches are swampy, and ill-defined
Slow is affected by tide near the mouth. The estimated average flow at
the mouth was 55 cfs (36 mgd). Jumping Gully contributes about 25
cfs (16 mgd) to this flow and Five Mile Creek less than 5 cfs, or 3.2 mgd,
(estimated). The remainder, 25 cfs (16 mgd) is ground-water seepage
through the channel bottom downstream from these tributaries.
Land elevations range from 150 feet above msl in the headwaters
"to mean sea level at the mouth. The slope of the river channel is about '
"" |feet per mile in its upper reaches, about 1.5 feet per mile in the middc.
-SI reaches, and about 5 feet per mile in the lower reaches.
S* In the headwater area, small channels connect lakes such as
"/ Hancock, Moody, Middle, and lola. These lakes have no visible outflow
Channel to the Pithlachascotcc River. Neff and Mountain lakes ar
interconnected with a surface channel and likewise have no visible
So outflow channel. Lakes Hancock and Neff, the down-gradient lakes in
0| each of the chains, have sinkholes open to the Floridan aquifer through
S. which drainage occurs and both lakes, in the past few years, have been
S greatly reduced in size and depth. Neff Lake has become essentially a
a wet prairie.
Crews Lake is divided north and south by an earthen dike that
^ '|. 8 . contains a culvert connecting the two parts. Most of the inflow is from
Si Jumping Gully which flows into the southern part and then through a
Sti culvert in the dike to the northern part. The northern part contains a
"S > sinkhole through which lake water can freely drain to underlyii
O quifcrs. This sequence is indicated by the following factors: (1)whe.,
Slake stages decline below the culvert, lake levels in the northern part
0 decline at a faster rate; (2) lake levels have declined sufficiently to
_ | '= Cpermit observation of inflow to the sinkhole; and (3) local reports
j g indicate that the lake has completely drained through the sinkhole
S'" ( during exceptionally dry years. The peak inflow to Crews Lake from
Jumping Gully was abl)out 920 cfs (595 mgd) on September 18, 1964.
F At the outlet, the peak (low w;s about 270 cfs or 175 mgd (as
,o One Da determined from a rating curve extended above 222 cfs, or 143 mgd).
j---- The peak flow of the Pithlachascotee River at New Port Richey,
S',1,410 cfs (911 mgd) on September 11,1964, preceded the peak flow at
N __ .J1")ing Gully by 7 days. No secondary peak was observed at New Port

.N ____...._",__,,





46 BUREAU OF GEOLOGY
BUREAU OF GEOLOGY__________ REPORT OF INVESTIGATION NO. 56 47




Sr oo' 2,0' V' 5 0'
29" I .. \ 01 \ -* -, > --r O

SsUuMT Cc




EXPLANATION A 4 EXPLAIN
s __^ j' EXPLANATION ^ 1 J
45' 4*4' "-- 045*
Contour line shows elevation of A ----20---
the water table in feet. Datum-- RNAWOoCO Contour line shows elevation of H
is mean sea level. Contour the water table In feet. Datum- co
interval 10 feet. Is mean sea level. Contour
interval 10 feet.


Middle Gulf Area Boundary Middle Gulf Area Boundary
303d


HN PA 0 0
oAD
0 DAM ,ol.
4, .. .. ,.











2 3 0 00!







27-45- \


L .... .. ... .....,.ILLS.OR.OM CO" '

^ I ^ I* I I 0 I I 02*017


Iigutre 22. Map Milddl Gulf" area slowing contours of water levels Figure 23. Map of Middle Gulf area showing contours of water levels
Sin the shallow aquifer during a period of high water levels. in th shallow aquif" r uring prid of low watr vels
August.Novmler 196r May I 1{;



___L_..... c. ..






66 BUREAU OF GEOLOGY REPORT OF INVESTIGATION NO. 56 67




TABLE 2. ANALYSES OF WATER FROM SELECTED WELLS IN MIDDLE
GULF AREA (Chemical constituents are expressed in milligrams per
liter)




Hardness ,
as CaC3 .
.



U v t r
0 .00. 0-l 0 E :


"Well"Number a

748-242-122 2-10-65 177 144 F 144-177 23.4 74 0.17 91 15 31 2.5 0 236 13 106 0.3 0.1 406 288 94 689 7.7
757-246-232 2-10-65 215 83 F 83-215 24.5 76 .78 94 12 88 1.7 0 209 14 208 .4 .0 532 284 112 975 7.7
805-235-114 2-9-65 354 105 F 105-354 24.8 77 .13 68 3.5 5.9 0.9 0 222 2.4 8.0 .2 .1 211 184 2 349 7.8
808-240-211 2-11.65 300 65 F 65-300 24.0 75 .21 70 5.7 6.5 1.2 0 244 5.8 7.0 .2 .1 229 198 0 370 7.9
814-210-334 2-24-65 560 90 F 90-560 24.4 76 .07 46 1.2 5.3 .3 0 136 3.6 8.0 .2 4.9 145 120 8 249 7.5
82C016-423 2-16-65 350 225 F 225-350 23.4 74 .82 46 3.2 4.9 .9 0 143 6.2 8.0 .1 2.5 151 128 11 258 7.7
821-211-213A 2-24-65 200 150 F 150-200 23.4 74 .03 43 4.5 5 .2 0 134 8.0 .2 1.6 148 126 16 250 7.
822-240-411 2-17-65 120 103 F 103-120 23.8 75 .08 55 4.6 15 .9 0 167 3.0 26 .1 .0 193 156 19 331 7.8
832-223-212 2-4-65 757 300 F 300-757 22.8 73 .12 62 10 5.6 .5 0 221 11
233-424 8-2-65 176 166 F 166-176 26.3 79 .00 44 8.7 3.7 .4 0 168 7.2 5.0 .3 .0 161 146 8 290 7.3
845-217-334 2-4-65 212 190 F 190-212 23.2 74 .25 40 2.4 5.6 .6 0 129 2.4 7.0 .1 .2 127 110 4 225 7.7
847-234-313 2.3-65 79 76 F 76-79 23.6 74 .30 37 7.7 0 142 9.2 26 .2 .0 175 124 8 309 7.9
853-235-211 2-3-65 152 100 F 100-152 23.2 74 .24 28 5.4 .4 4 2 2 182 7.9
855-227-243A 2-2-65 295 F -295 23.4 74 .12 33 2.3 2.2 .3 0 111 .4






6 BUREAU OF GEOLOGY ItPORT'I' O INVESTIGATION NO. 56 87

An analysis of duration of low flow of Brookcr Creek near The hydrologic system of the Middle Gulf area is in the down-
Farpon Springs was made for two periods, 1951-58 and 1959-66 gradient part of a larger hydrologic system which encompasses much
water years). This analysis compared low-flow duration curves made of central Florida. Peninsular Pincllas County lies with in the Middle
,or periods prior to and following large ground-water withdrawals Gulf area but its water system functions essentially independently of
'rom the Floridan aquifer, which began in 1958. The average with- the large Middle Gulf hydrologic system.
Irawal during 1951-58 was about 13 mgd and for 1959-66, 34 mgd. The long-term availability of water, that is, the amount of water
"The average flow of Brooker Creek near Tarpon Springs was equal to that can be developed in the middle Gul area, must take into account
or less than 1 cfs for 671 days during 1971-58, or 23 percent of the th patterns and localities f use, ( the quality f after in relation
time. During this period, the average annual rainfall was 49 inches. a n; (c) the att chs angd es of use, (b) the quality of water in relation
The average flow at this site was equal to or less than 1 cfs for 815 to use of water. The changes in the r hydrlogc cycle brought about by the
days during 1959-66 or 28 percent of the time. During this period, the area, wathich. T s abohem ru billon gallons per yea, or 1 u5 md per
the average annual rainfall was 59 inches. Therefore, during a period s are, is m ouay b .()()sidlli( ns ervItve Cesimar, of water
of increased ground-water withdrawals and higher average rainfall, SCl;ic tl, he area because:
moi \w flow days occurred indicating that ground-water pumping
did reduce the flow of the stram1. It does not take into account the re-use of water.
did reduce the flow of the stream.
A similar analysis of low-flow duration of the Anclote River 2. It does not take into account increased recharge lo the re-
near Elfers was made for 1951-58 and 1959-66. The averagee flow of charge to the a(luier's resulting from dcvclopmcnt of ground water,
the Anclote River was equal to or less than 3.5 cfs (2.3 mgd) for 233 which tends to reduce evaporation and transpiration losses.
days during 1951-58 or 8.0 percent of the time. The average annual On the other hand, the runoff as represented by the streams may
rainfall during this period was 49 inches. The average flow was equal be considered as a maximum limit of the availability because (a) the
to or less than 3.5 cfs (2.3 mgd) for 253 days during 1959-66 or 8.7 flow of the streams cannot feasibly be totally stopped, and (b) some
percent of the time. The average annual rainfall during this period minimum flows must be maintained for transportation and dilution of
was 59 inches. Thus, Brooker Creek and Anclote River had more low wastes, for navigation, for recreation, and for satisfying other mini-
flow days during the period of high rainfall and increased ground- mum flow requirements.
water withdrawals. Brooker Creek shows the greatest effect because Potable water supplies in the middle Gulf area have been obtain
the -ainage area of the creek is almost entirely within the cones of primarily from the Floridan aquifer. In 1966, there were 18 municipal
depression of the well fields, and 42 privately-owned public water supplies in the middle Gulf area.
Similar analysis of low flws of two streams not in areas oflarg Ground-water withdrawals i the northwest illsorouh and north-
grc water withdrawals, the Hillsborough River near Zephyrhills cast Pinellas County well fields have increased from about 3 mgd in
agn ter Withlacoochee River near Holder, show 7 percent fewer low 1930 to about 45 mgd in 1966. The rate of increase is not expected to
Sday uing t heier nealer, be constant but probably will increase at an accelerated rate as the area
flow days during the higher rainfall period. becomes more highly urbanized and industrialized. It can be foreseen
h1;It, before many ycars havc passed, th co;isltl communilies will havc
WATR'I' -RSOURCES I)EVELOMENT ougrown thliir lvergeI annual local water crop and will have to look
IN THE MIDDLE GULF AREA for other sources, or reuse the recycle existing supplies on a vast scale.
Very large quantities of brackish to saline ground water arce available in
The area has a large supply of good quality water available for the entire coastal area and at depth in the Florida aquifer inland. Such
many uses, bit the increasing demands for water may, in the near supptlies caI I t hetilized ;as they are nuw I'intg tlilized ;I Key West,
lutur111 n-sul in taccentua1111lin o l diverse waler-mntagment prob Florid(l, for Iti(:il)dpl ;1 induslri;al uses. 'l'e cost olf dsialiinatio
lcms now being experienced. They include such problems as conflict in would prohibit their use for large-scale irrigation under present cco-
water use, interference between well fields and resulting declines in ic conditions.
hoI, groun-wateir levels and streamflows, the lowering of some lake n 1966, p)li( watlr suppliers pumped less than 200 sngd Iro
levels and deterioration of water quality. Ie aquifr system -. less than I()peIent o' the manage;ble supply. In

& -sia....
.














by competent, subst.a t i al cv ilt--c 01 .Is; :on::;t it t. i nq *-oiI--

clusions of law as oppos;ud to findingjl f ,Lici.


FINI) NGS 1O FACT

Upon consideration of t l. o al and iocui':t:.t Iry

evidence adduced at the hearing, the foliowintu ,,l<:vart Jtctas

are found:

(1) The petitioner Pinellas County oi)erates a water

system which serves a population of approximately 400,000. This

figure includes some 250,000 individual metor accounts and

150,000 wholesale customers, including the Paisco County Water

Authority (1) and the Cities of Tarpon Springs, Clearwaiter,

Safety Harbor and Pin.elas Park. At. tIh i i mel of the hearing,

Pinellas County was conducting ncgot i.ation.; wi th the Citi.s of

Oldsmar and Dunedin to supply them with water. Like other suppli. r:.

of water within the Southw.est F'lorida Water M.nitqigemeint District

(SWFWMD) Pinellas County is rqui redl to olbt:;in :consumtivc i.

permits (CUP) from SWI'WMD. his pot it i.ner ) urti nt:.l.y op)-t;. : t vi .

wellfields -- the Eldridge-Wi.Ide! We lt ild cont.a i I ,125 .-cr-:;

and the East Lake Road Wellf.ield cont in inl 5,, 8i, ac-cr.. In

addition, Pinellas County receives water supl Iili:; from tlh.- WV.t:;

Coast Reqional Water Supoly Authol it y (WCi(W. A) which (p()( .I(.: It heI

Cypress Creek Wellfield continuing 4,895 acrc-s and the Cross l.r

Ranch Wellfield contaizinin 8,060 .ac.res:.

(2) On an average d!.i Ly hal-;i.s, t he I in l lan C; unt.y

water system presently utili;izes 45 millionn qal Ions of water pet

day (myd), with a peak u:3e of 65 mqd. project ions indicate that

the estimated water demand for the Pi nella; Courniy water :-ystcon



(1)
At then t iin of t he hreit anq road ruin: I: i on oroci d 1i1.s wn- I :*'
pending g whereby Pasco (. C.on)t. is cotd imn .i nI t1:1; 'as:c(; Wa t';e-t-
Authiority, included in, the (:0:, Lrai.l i) isuipp y w.lt.."r h tween it ciJd
Pi.,elllas County.













"issuance of a permit will be denied if the amount
of water consumptively used will exceed the water
crop of lands owned, leased, or otherwise controlled
by the applicant. .

Thus, the challenged portion of the rule .dds a fourth criterion

to the three statutory criteria set by the legislature.

The undersigned has carefully searched the statutory

provisions of Chapter 373 for any indication of authority for

SWFWMD to add the water crop rule as a condition to the con-

sumptive use permitting process. No such authority can be found. ----

No agency has inherent rulemaking authority. Florida

Statutes, Section 120.54(14). The authority of administrative

agencies is derived from the Legislature. When the Legislature

has clearly set forth the criteria to be utilized in evaluation

of permits, an administrative rule which enlarges those criteria

by the addition of a further criterion is invalid. The fourth

criterion added by the respondent requires an applicant to

own, lease or otherwise control one acre of land for every 1,000

gallons of water per day applied for in the permit application.

This requirement ties water withdrawal to land ownership, and

there is no legislative authority for such a requirement. An

agency can exercise its authority only as prescribed by statute,

and prescribed statutory criteria must be observed. A statute

enacted by the Legislature which sets conditions for a permit

may not be amended by an administrative agency by promulgating a

rule which adds further conditions. Likewise, the "reasonable-

beneficial use" standard contained in S373.223(1)(a) and defined

in S373.019(4) cannot be restricted to 1,000 gallons per day

per acre on land owned, leased or otherwise controlled by an

applicant. As pointed out in the case of City of Cape Coral v.

GAC Utilities, Inc. of Fla., 281 So 2d 493 (Fla. 1973), any

reasonable doubt as to the lawful existence of a particular power

that is being exercised by an administrative agency must be


-15-












10. No other water management district in Florida has

Promulgated a rule or requires compliance with a rule similar to

the 5-3-1 Rule.

11. If the 5-3-1 Rule is invalidated, there are still

adequate statutory and rule criteria for evaluating consumptive

use permit applications.



III. Facts Showing Petitioner will be Substantially
Affected

12. The Authority currently operates the Cypress Creek

Wellfield, the Cross Bar Ranch Wellfield, the Starkey Wellfield,

the Section 21 Wellfield, the Cosme-Odessa Wellfield, the

Northwest Hillsborough Regional Wellfield and the South Central

Hillsborough Regional Wellfield. The oldest (Cosme-Odessa

Wellfield) of these facilities was constructed in the 1930's and

the newest (South Central Hillsborough Regional Wellfield)

facility is still only partially completed.3 These installations

consist of approximately 193 production wells located in Pasco

and Hillsborough Counties. The water produced from these

facilities is used to supply the public water supply needs of

approximately one million persons residing within the Authority's

boundaries.



3The Cosme-Odessa Wellfield was constructed in the 1930's,
the Section 21 Wellfield was constructed in the 1960's, the
Cypress Creek Wellfield was constructed in 1975-77, the Cross Bar
Ranch Wellfield was constructed 1978-80, the Starkey Wellfield
was constructed in 1982-83, the Northwest Hillsborough Wellfield
was constructed in 1984-86 and construction was commenced on the
South Central Hillsborough Regional Wellfield in 1986.

6












unable to predict the outcome of their permit applications and

are subject to SWFWMD's whim and caprice.

35. The 5-3-1 Rule is impermissibly vague. The rule

prohibits the reduction of the potentiometric surface, the water

table and lake levels outside the boundary of land owned, leased

or otherwise controlled by the applicant below certain specified

standards. The rule, however, does not identify the term

"otherwise controlled by the applicant." For example, does the

term mean the service area of a public or private utility? On

several occasions, SWFWMD has interpreted the phrase to include

such areas. On other occasions, the agency has refused to

consider service area when determining the extent of property

controlled by the applicant. Since property ownership is so

important to the operation of the 5-3-1 Rule, the vagueness of

this phrase is a material defect.



E. The 5-3-1 Rule Exceeds SWFWMD's Grant of Rulemaking
Authority

36. The specific authority for the 5-3-1 Rule are Sections

373.044, 373.113, 373.149 and 373.171, Florida Statutes. The

most prominent of these provisions is Section 373.171, which

provides in pertinent part as follows:

(1) In order to obtain the most beneficial use of
the water resources of the state and protect
the public health, safety, and welfare and
the interests of the water users affected,
governing boards, by action not inconsistent
with other provisions of this law and without
impairing property rights, may:



17

















"CHAPTER 16J-2 CONSUMPTIVE USE OF WATER Supp. No. 53

established by the Board. changed conditions. However, all legal uses of water
(b) Will cause the level of the potentiometric existing January 1, 1975, will be protected so long as
surface to be lowered below the regulatory level such use is not contrary to the public interest.
established by the Board. (8) In considering applications for permits
(c) Will cause the level of the surface of water under this Rule, the portion of water consumptively
to be lowered below the minimum level established used will be determined based on available data, or in
by the Board. the absence of such data, it shall be established by
(d) Will significantly induce salt water reasonable calculations approved by the Board.
encroachment. (a) Permits for withdrawal of water from an
(e) Will cause the water table to be lowered so area owned, leased, or otherwise controlled by an
that the lake stages or vegetation will be adversely applicant to be used on such area to irrigate fruit
and significantly affected on lands other than those trees, seed and plant beds, vegetables, other food
owned, leased, or otherwise controlled by the crops, and forage crops, including pasturage, and to
applicant. irrigate nursery stock, including ornamental plants,
(3) Issuance of a permit will be denied if the trees and shrubs, will be issued if there is no surface
amount of water consumptively used will exceed the runoff from the area from such irrigation. If surface
water crop of lands owned, leased, or otherwise runoff occurs, the amount of the runoff shall be the
controlled by the applicant. (Except where primary consideration in determining the amount of
determined otherwise, the water crop (precipitation consumptive use.
less evapotranspiration] throughout the District will (b) Permits for water to be applied to plants,
be assumed to be three hundred sixty-five thousand trees and shrubs, and to nursery stock, including
(365,000) gallons per year per acre.) ornamental plants, trees and shrubs, and fish farming
(4) The withdrawal of water: ponds, as a direct means of frost or freeze protection
(a) From a stream or other watercourse must during time when temperatures are below or near
not reduce the rate of flow by more than five percent freezing, will be issued even though such application
(5%) at the time and point of withdrawal. may cause temporary surface runoff.
(b) Must not cause the level of the (c) Permits for removing water from fish
potentiometric surface under lands not owned, farming ponds periodically for the primary purpose
S leased, or otherwise controlled by the applicant to be of harvesting the fish or for treating, reconditioning
lowered more than five feet (5'). or restocking such ponds, and for filling or
(c) Must not cause the level of the water table maintaining such ponds, will be issued without
} under lands not owned, leased, or otherwise considering such activity to be a consumptive use of
3 controlled by the applicant to be lowered more than water.
three feet (3'). (d) Water removed during temporary
(d) Must not cause the level of the surface of dewatering for construction of building or other
water in any lake or other impoundment to be foundations and roadways, or during installation of
lowered more than one foot (1') unless the lake or utility pipelines, cables, culverts and catch basins, will
impoundment is wholly owned, leased, or otherwise not be considered to be consumptively used.
controlled by the applicant. (9) Flow metering devices will not be required
(e) Must not cause the potentiometric surface to be installed at applicant's expense when all the
to be lowered below sea level. water to be withdrawn will be used for irrigation or
(5) The Board for good cause shown may grant for frost or freeze protection. The Board may supply
exceptions to the provisions of paragraphs (2), (3) and install such devices for the purpose of testing and
and (4) above when after consideration of all data monitoring methods of applying water but the cost of
presented, including economic information, it finds such activity shall be borne by the District.
that it is consistent with the public interest. General Authority 373.044, 373.113, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.223 FS.
(6) The Board may condition the granting of a History-Readopted 10-5-74, Amended 12-31-74.
permit so as to require:
(a) Notification of the date on which 16J-2.12 Competing Applications.
withdrawals are commenced with such notification to (1) If two (2) or more applications for permits,
be postmarked no later than five (5) days after the which otherwise comply with these rules and
date of such commencement. regulations and with any requests and instructions by
(b) Installation of flow metering or other the Board, are pending for a quantity of water that is
measuring devices, inadequate for both or all, or which for any other
(c) Reports of withdrawals on forms to be reason are in conflict, the Board shall have the right
provided which shall be submitted within the times to approve or modify the applications in a manner
prescribed, which best serves the public interest as determined by
(d) Installation of observation wells or other the Board.
monitoring facilities and may establish regulatory (2) In the event that two (2) or more
levels, competing applications qualify equally under the
(e) Future reductions in withdrawals or provisions of subsection (1), the Board will give
diversions, provided the schedule of any such preference to a renewal application over an initial
reductions or withdrawals shall be set forth application.
specifically on the face of the permit. General Authority 373.044. 373.113, 373.149. 373.171,
peciically on the ace the permt. 373.216, 373.249 FS. Law Implemented 373.233 FS.
(7) The Board may reserve water from use by History-Readopted 10-5-74.
permit in such locations and quantities, and for such 16J-2.13 Duration of Permit.
seasons of the year, as in its judgement may be (1) Unlesseotherwise provided herein, each f
required for the protection of fish and wildlife or the consumptive use rmit issued prior to the expiration
public health and safety. Such reservations shall be of five (5) years from the date of implementation as
subject to periodic review and revision in the light of of five (5) years from the date of implementation as





8 BUREAU OF GEOLOGY REPORT OF INVESTIGATION NO. 56 9

nando, Pasco, and Hillsborough counties and all of Pinellas County (fig.
1). The area is bounded on the cast and north by the western edge of -
the Withlacoochee drainage basin, on the south by the Hillsborough
River and Tampa Bay, and on the west by the Gulf of Mexico. This area
contains a number of major cities and towns which had the following 9,T0- ?-"00',- --45F" -
population according to the 1960 census: Tampa, 288,000; St. Peters- L, VY Co
burg, 193,000; Clearwater, 37,000; Dunedin, 8,444; Tarpon Springs, MA. co
6,768; New Port Richcy, 3,520; Brooksvillc, 3,301; and Crystal River, /
1,423. Both the population and industry of the area are rapidly 2900oo- o
increasing and the demands for water accelerating. The Middle Gulf\ .
area is a part of the Middle Gulf hydrologic system, (figure 3). Theo \4 4
system encompasses an area about 3,500 square miles and extends to ,, /
the eastern topographic divide of the Withlacoochcc River. The Middle '45 \
Gulf area forms the downgradient part of the total water system. )

CLIMATE 0 \

The climate is characterized by warm and relatively humid sum- X .
mcrs and mild relatively dry winters. The normal annual rainfall varies \
from about 51 to 58 inches, figure 4, and is unevenly distributed with -
more than half falling from June to September. Tropical storms in the r \
summer and fall and occasionally in the winter bring intense rains to 0' /-/- / o9, co
the area. The distribution of the normal annual rainfall in the Middle -/
Gulf area is shown in figure 4. ---
Evaporation is greatest during May and June and in some years the 2. oo
evaporation in these two months accounts for nearly 25 percent of the M.sLo oS o co x oN
andrual total (Florida Board of Conservation 1966, p. 18). /NLL f ,,
Variations in day to day maximum temperatures during the / i
summer range from about 72*F to 90*F and during the winter from / -,
about 55*F to 750F. During the winter, occasional cold fronts move t
through the area that drop temperatures into the low and middle 20's.

TOPOGRAPHYY AND DRAINAGE .2- I I I i o
6300' 45' 30 IS' 200" 4 8I 30
Land elevations range from sea level at the shoreline or coastline
to about 280 feet above msl (mean sea level) near Dade City. The areas
of highest elevations ;1rT a seriits (,1of r('I(dedl ridges I;hat Ire d ('(I 14 the
northwest and a ridge of poorly defined sand hills that parallels the
gulf. These hilly areas occupy much of Citrus and Hernando counties
and eastern Pasco and southern Pinellas counties. lThe western part of
the Middle Gulf i'are between Ihe Gulf .and the siand hlills, ;111( lt Fig,,ur 3. Mlap showing Mi south nern part o' the are; adja;(ien't to O)ld 'I';it)n|pa ay are charact.erizc.ed ;i Ml (;lrr;






28 BUREAU OF GEOLOGY REPORT OF INVESTIGATION NO. 56 .

Richey. The rain that caused this peak occurred September 10 13. by the Floridan aquifer to the stream averaged about 8 cfs (5.2 mgd)
Because the peak occurred downstream prior to the peak upstream and for the 2.5 years of study. Therefore, during this period the aquifet
because of the presence of many sinkholes in upgradient areas, much of contributed about 15 percent of the average fow of the river The
the flow at New Port Richey was derived from the underground computations show th t o f fo o the reu r the
computations show that at high streamflow the contribution from the
reservoir. Floridan aquifer to the river is greatest although this contribution is
Water in the upper reaches of the river is low in mineral content only a small percentage of total high streamflow. Conversely, during
(generally less than 100 mg/1). The mineralization increases down- periods of low streamflow, the contribution from the Floridan aquifer
stream and is highest in the lower reaches owing to tidal mixing with sea to the river is lowest but comprises a large percentage of total low flow;
water. Springs near the coast are generally high in mineral content the remainder is derived mostly from the shallow aquifer.
(14,000 mg/1) of which about 8,000 mg/1 is chloride.
The mineral content of the water of the river varies seasonally at ANCLOTE RIVER
the measuring site above the tidal influence. The highest conccntra- The Anclot River rises in south-central Pasco County and flows
tions occur in late May or early June and the lowest generally in August westward to the Gulf of Mexico. The area adjacent and flows
or September. The variation in mineral content is related to the source sparsely d to the Gulf of Mexico. The land uses adjacent to the river cattle
of the river's flow. During low-flow periods most of the water is seepage ranching andp citrus farming. L and elevations is 80 farming, cattle
from the Floridan aquifer, and the mineral content is relatively high, msl in the headwaters. far Land surfae f levations is 80 fea t above
chiefly calcium bicarbonate. During high flow periods most of the m n he adwat The slope of the er ranges from about 2 feet
water is overland flow and the mineral content of the water is relatively headwaters. The average flow of the river Elfrs Elfers for the perioof
low. .study was 95 cfs (61 mgd).
The following relations were used to estimate a separation of the The mineral content of the river is greater near the Gulf (about
hydrograph for the Pithlachascotee River into components of water 22,0The mineral coan upstream (about 220 g). Above the reach of ut
from the Floridan aquifer and water from overland flow and the 22,000 mg/1) tan up! (about220mg/)Abovethereach
shallow the Floridan aquifer 13. The equation used to deterland flow andmine this separa- river affected by tidal flow, the mineral content at low flow is due
shallow aquifer, figure The equation used to determine this separa- chiefly to calcium bicarbonate. The surficial deposits underlying the
tion is given below Anclote River consists mostly of sand and clay which are essentially
Q1 + Q2 = Q3 insoluble in water. Therefore, the calcium bicarbonate in the river
C 1Q1 + C2Q2 = C3Q3 water is due principally to seepage from the Flpridan aquifer.
where Qi is the component of seepage in cfs, from the Flow relations and chemical quality of water of the Anclote River
shallow aquifer and from overland flow; and aquifers were used again to estimate the contribution of the
Q2 is the component of seepage in cfs, from the Floridan Floridan aquifer to the stream and to separate the streamflow hydr )
aquifer; graph of the river into components of water from the Floridan aquifer
Q. is thc stre;amflow in cfs, of Pithlichascotcc River near and water from overland flow and the shallow aquifer, figure 14.
New Po irt Kiihey; Compuittionls itulica e thl scpage from the Iloridan aificr averaged
Cl is 30, the average mineral content in mg/1 of typical tbout 10 cfs (6.4 mgd) for the period of study. Therefore, during this
water from overland flow and the shallow aquifer; \riod the aquifer contributed about 10 percent of the average fow of
C2 is 275, the average mineral content in mg/1 of typical the river.
water from the Floridan auifcr in the Pithiachascotcc River BROOKEk CREEK
area; Brooker Creek rises in northwestern llillsborough County near
C3 is Ihc daily mineral content in mg/1 of water from Keystone Lake and flows generally westward through swampy areas, in
Pilthc:haeotec River near New Port Richey. places with no defined channel, to Lakc Tarpon in northeastern
Cmulais usin is nation idicat that water contributed Pine'llas Cunty. Land-surfacc elevation ranges from about sea level at
Computations using this equation indicate that water lkc Tarpon to 60 feet above msl in the headwaters. The slope of the






48 BUREAU OF GEOLOGY I REPORT OF INVESTIGATION NO. 56 49

water level in the shallow aquifer is lower than the level in the Floridan -- -
aquifer and water flows upward to the shallow aquifer. In the northern
part of the area no apparent head difference exists between the shallow -
and Floridan aquifers. The greatest difference occurs in the well fields
in the southern part, and in the topographically higher Brooksville area.
The shallow aquifer is not at present extensively used as a source
of domestic or public supply in the Middle Gulf area. Currently its most 7 o
extensive use is for lawn irrigation. I
The hydrographs of the water levels in the shallow aquifer in the
southern part of the area and rainfall records at a nearby station are
shown in figure 24. The highest water levels generally occur in July and
August, the wettest months, and the lowest in late May or early June
juf rior to the rainy season.
Undisturbed samples of sediments comprising the shallow aquifer
were collected at twelve sites at depths ranging from 1 foot to 9 feet i |
and at two sites from depths of 10 to 42 feet in the Middle Gulf area
figure 25. Selected samples of shallow aquifer materials were analyzed
for permeability, porosity, specific yield, and particle-size distribution.
The analyses were made by the Hydrologic Laboratory, U. S. Geologi-
cal Survey, Water Resources Division, Denver, Colorado. Table 1 shows
the results of the tests.
The coefficient of permeability ranged from 0.001 gpd per ft2
(gallons per day per square foot) at sampling sites 5 to 13 miles ^ .
northwest of Brooksville to 210 gpd per ft2 10 miles west of Brooks-
ville The porosity ranged from 32 to 45 percent and averaged 39
percent. The specific yield averaged about 29 percent. These values _
indicate that although the shallow material has a relatively low pcrme-
a;'ity, the storage capacity is large and the volume of water that will
i from the material, given enough time, is large.
Table 1 shows the specific retention, porosity, specific yield and
thle perInc:ility fo r saunfles collected ;i 1 3 sitls in ilte aire;. 'I'lis ;hablel -
indicates that permeability in the area is highly variable. The perme-
abilities are greatest near the surface of the ground and generally --
decrease with depth. For example, the permeability of samples 13 to G
13C decreased from 77 to 5 gpd per ft2 in the depth interval 1 foot to
84 r fe(1t s;-mn)lrs 10 I 1 0C d(lr('er(sed frotn 1 10 to 6 gpdl (pr rt *- in -'he
de()lth iinterval I f,4l oo( (; f'ce;;and sanip)lcs 4A to 4IC decreased fri'ot 49 ,,1
to 0.002 gpd per ft2 in the depth interval 3 to 6 feet. Samples 6 to 6A
collected cast of Weekiwachee Springs and samples 7 to 7C collectedcI ^ ^. v s soNA U'v1nlvsM
ncar'tlhe I Icrnando-Pasco County line d(lid not show any significant
changes in permeabilities at depths of 1 foot to 9 feet.

".





68 BUREAU OF GEOLOGY
REPORT OF INVESTIGATION NO. 56 -.
quantities of water involved in each component of inflow and outflow 29 53'o00o' 0' I' *' 45
parameters for a given period. Each component taken into considera- L co
tion in the balance is given in the equation below: x. ,ON C, L i
P+ SI+ GI- R- ET GO=AS (1). ,, ,
where P = Precipitation, inches 29.00'- ,';-.". .. -
SI= Surface-water inflow, inches
GI = Ground-water inflow, inches c, ', o
R= Runoff, inches
ET = Evapotranspiration, inches 45' S t. CO
GO = Ground-water outflow, inches 1
AS = Change in storage, inchesI
The Middle Gulf area is delineated by a topographic divide.
" erefore, surface-water inflow to the area is zero. Precipitation, so 1 I
. Aioff, and ground-water outflow can be measured or estimated with
reasonable accuracy. The period of time covered by the calculation can o .
be selected so that the change in storage is practically negligible. This I
water balance was determined for a 2-year period, June 1964 May ( \ 5 c
1966. I.- ,. i
A water balance for the Middle Gulf hydrologic system (2,830 sq. --4-
mi.) which includes most of the Middle Gulf area and an area to the east i
of the Middle Gulf area was determined. In determining a water balance 2600oo' -
i HILLS8OROUO H CO I grf
the boundaries ofpthe Middle Gulf hydrologic system, figure 36, were -
selected so that (1) ground-and surface-water inflow from adjacent \T opo Oll
areas was zero or negligible, (2) the only significant source of inflow .2 0.^s
ias precipitation; and (3) all significant surface-and ground-water ,- 4 -, ,.- ,
outflow was either measured or computed from hydraulic properties of .. i o ,
the ground-water reservoir and water levels in the aquifer. The period --..... --- .----... -.-.-.
for the balance was selected so that the net change in storage was -"
{ eligible. Evapotranspiration was determined as a residual by the 2: .30,. 1-.____, ,____ ___ 2
balancee equation: 8300' 45' 30So00
ET = P R GO. (2) Figure 36. Map showing water levels in wells penetrating the Floridan
ET, thus determined, is an average value for the larger system which can aquifer, topographic divides, and boundary of the
hydrologic system
be applied to the Middle Gulf area.
gaged and data are not sufficient to estimate the ground-water outflo-
The water-balance equation for the Middle Gulf area, excluding Therefore, the precipitation minus cvapotranspiration was assumed ;
ipclinsui :r I'gwlls (:1.Mnty, is: (t:I theI rtno)l I s giiiwl r o(t1llow:
GI=P- ET- R -GO+AS.(3) P-ET= R+GO. (4)
A water balance for peninsular Pinellas County was estimated using
precipitation, adjusted ET, and by assuming no surfacc-and ground- PRECIPITATION
r iflw. Mst f s i I a pll l)reci)itation used for co)italions in the w;atcr balance w

"L





88 BUREAU OF GEOLOGY RE
REPORT OF INVESTIGATION NO. 56 89.
areas such as northwest Hillsborough, northeast Pinellas, and south- Locating wells near streams to reduce natural discharge o
west Pasco counties, where the rate of ground-water withdrawals are ground war inducing l r sra i
greatest, no extensive overdevelopment and depletion of supply was aquifer.
evident. Stewart (1968) has shown that pumping of water from the
Floridan aquifer in these areas has contributed to local declines in Locations potentially favorable for the development of additional
water levels in the aquifers and in some lakes. ground water arc the northern and northeastern parts of the area inland
Low lake levels have occurred in the wll-fild areas in northwest from the coast where interference from well fields in the southern par
Low lake levels have occurred in the well-field areas in northwest of the area would be minimized. Most of this area is sparsely populated
Hillsborough and northeast Pincllas counties. Low lake levels occur of the area would be ost s y populatd
Hillsborough and northeast Pinellas counties. Low lake levels occur and pumpage is limited to a few domestic, stock, and irrigation wells.
mostly during the spring months owing to a combination of conditions Although no wells ar known to have been test-pumped in these areas,
which include low rainfall, high evapotranspiration, and increased Although no wellshav bntcstpumpd theseareas,
which include low rainfall, high evapotranspiration, and increased it is expected that the Floridan aquifer will yield adequate water for
withdrawals of found water because of irrigation demands increased municipal supplies. Before any rg-scal dvelopmnt is
Salt-water encroachment has occurred in the coastal areas and is undertaken in the area, test wells should be drilled to define specifically
most extensive in the Pinellas County area. According to Black (1953), the hydraulic properties of the aquifer, and to define anticipated we
Pc former supply of the city of St. Petersburg was from local artesian yields as accurately as possible. Such information will also be needed to
wells. The steadily increasing withdrawal of fresh water from the determine the effects of pumping on nearby lakes and streams, and to
formations permitted the entrance of salt water to such an extent that ascertain the needed spacing of wells that will minimize interference
serious damage has been done throughout the area." *** "In 1929 the between wells or between well fields.
present Cosme-Odessa well field was located 37 miles away in NW Studies of selected areas having significant declines in ground-
Hillsborough County in order to get away from salt water intrusion". after and lake levels would allow determination of the feasibility of
Because of the interrelation of surface and ground water in the artificially recharging the Floridan aquifer by diversion of surface
area, the following arc alternatives or factors to be considered in water during maximum and medium flow periods. If such studies are
selecting prospective well-field sites: made, several methods of recharging the aquifer should be tested,
1. Well fields should be located inland from the coast to mini- including (a) routing of water into lakes, ponds, and other deprcs-
mize danger of salt-water intrusion into aquifers; sions; (b) discharge of water into sinkholes, recharge canals and
2. pits; (c) injection of water into recharge wells, and (d) a combination
S2. Well fields in well-drained areas should be located at maxi- of the above mthods
mum distances from lakes and other wells and well fields to
eliminate or minimize possible effects of pumping on lake The rapidly expanding urban population will result in a reduction
levels and interference between individual wells and well in local recharge to the aquifer in parts of the area and at the same time
fields. In areas where lakes have esthetic value, new well will increase the hazards of changes in water quality in other parts of
fields would need to be located as far away as is feasible. the area.
llowever, because of the large number of lakes, pumpagc at The resource cannot be considered inexhaustible. It is subject to
:mny site doubtless will ffrectI te levels of some I;'kes. By overdevelopment mid to clerioration in quality by uncoordinated,
keeping the distance between individual wells, well fields competitive and conflicting demands. Continued development will
and lakes at a maximum, the effects of pumping may be such modify and complicate the water system. Current programs of data
that the amount of water lost by vertical leakage from lakes collection and intrcprctive studies should be included as part of a sound
is negligible in comparison to the seasonal change in the lake planning and management program for the area. Optimum successful
levecls Cuised by n11;tlmual limI tlogienl Iactlors; dlvelop ni : (l n ;man:'ement oft lie re'so 'e will require coo.El,) 'rati
anid support ,of all water users.
3. Locating well fields in poorly drained areas, or in areas where
lakes have little esthetic value will tend to reduce cvapotrans- SUMMARY
piration by lowering the water surface. This should increase
"the net usable water supply and concurrently drain tlhe land; The Middle Gulf area is on tlhe western side of a large hydrologic
system which encompasses most o'f west-cenitral hiorid;. W;irer enters















will be an average of 54.3 myd, and a peak use of 90.15 mqd

by 1980. For the year 1982, the e.stimat is; 6(,.06 mgcd Iaveic-.

and 98.71 mgd peak. For 1984, the est imait o i:: (,'.44 niqd aver.t,-

and 106.65 mgd Doak. At the time of te hoearinlq, the present

permitted capacity available to Pinellas County was 73 mgd

average and 100 mgd peak or maximum. Estimates of projected

water demands for Pinellas County indicate a definite shortage

of water during peak periods by the year 1984 and a cushion of

only 1.29 million gallons during peak periods as early as 1982.

Pinellas County has experienced water shortages in the recent

past, resulting in emergency measures such as sprinkling bans

during the daylight hours. Considering the possibilities of

equipment breakdowns or extremely dry periods, .a cushion of

1.29 mgd is not a sufficient surplus.

(3) The WCRWSA was formulated by an interlocal agree-

ment under Chapter 373, Florlida Stlatutes, and is. aut-hor iz e to

acquire water and water rights, develop, store and transport:

water, and to provide, sell and deliver water for county or

municipal purposes or uses. The members of the WCR.IWSA a re l'Lasco

County, the City of Tampa, Hiillsborough County, the City of

St. Petersburg and Pinellas County. As noted above, the WCRWSA

operates two wellfieldst -- Cypress Creek and Cross Bar Ranch.

Pincllas County actually owns.-' the :lad ia: the Cross Bal;i Ranch.

At the time of the htetri'.n'nj, t hle Cross BUr: lk.nch We] 1 field was

permitted for 15 mod avoraqe and 20 iilc p,'ak.

(4) In Au(ust of 1979, the WCRWSA and Pinillas

County, as co-applic ants, filed an appl icat: ion for a modification

of tl..i r consumnptivye use -p)eri i it. at tihl Cros.s I* r Rr.tcn:h Wcll f iold

to authorize an annual average withdrawal iof 3(0 mqd and a maximum

withdrawal. of 45 mqd. UJnder tlhe lulis of rtst)ondd-nt SWI'WM[D, an

application for an increased use is t:rcatcd as a new application.



-6-















resolved against the exercise t.hereof, and tl.h further exercise

of the power should be arrested. In trh i i n.t ;ince, there i:s no

legislative authority for SWFWMD to en.ct a rule. which estahl i.shes

the water crop concept as a condition tor grant irng or denying a

consumptive use permit.

The respondent urges that the requirernentl of the

challenged rule is not a mandatory criterion for the issuance

of a permit, and thus it does not conflict with the statutory

conditions listed in S373.223(1). As evidence of this contention,

SWFWMD points to the exception provision of subsection (5) of the

rule, and claims that subsection (3), the water crop rule, is only

utilized as a threshold tool for evaluating permit applications.

The established administrative inLerpretation by an agency of its;

own rules should be accorded great weight, and the undersigned

does accord great weight to the agency's interpretation and

established implementation of the water crop rille in a permissive

fashion. Nevertheless, there is no statutory authority to make

water withdrawal levels dependent in any iimiannil upon land owlner-

ship. The exception provision of subsect ion (5) while ilnicainc j

the nonmandatory intent of subsection (3), is of no avail in

establishing the validity of the challenged water crop rule. It

contains no standards for its application and permits unbridled

discretion on the part of SWIWMD in granting or denying exceptions.

In addition to the fYact that tlie L-,eisl.iture did nrot

delegate to the water management districts the authority t~o set

water withdrawal levels according to the amount of land owned,

leased or controlled, the water crop rule conflicts with the

Florida Supreme Court's decision in Village oi 'equestra v. Juniler

Inlet CoJJ., 371 So. 2d 663 (Fla. 1979). The water crop rule

states the amount or water available thlroughouc the Dist ict.



-16-






-< -





13. These seven wellfields supply over half of the public

water supply needs of the Pinellas County and City of St.

Petersburg water systems and nearly all of the public water

supply needs of the Hillsborough County and Pasco County water

systems.

14. The Authority currently holds individual consumptive

use permits issued by SWFWMD for each of these facilities.4

These permits authorize the Authority to produce water from these

facilities at a combined average annual daily rate of 127.2

million gallons and at a combined maximum daily rate of 209

million gallons.

15. In the past, SWFWMD has determined the permitted

production capacity of each of these facilities exceeds the five

foot potentiometric surface limit specified in Florida

Administrative Code Rule 40D-2.301(3)(b). SWFWMD has also

determined several of these facilities exceed the three foot

water table limit and the one foot surface of water limit

specified in Florida Administrative Code Rules 40D-2.301(3)(c)

and (d). Despite these apparent violations of the 5-3-1 Rule,

SWFWMD has issued consumptive use permits for the Authority's








4Consumptive Use Permits were first issued to the Cosme-
Odessa and Section 21 Wellfields in 1976, the Cypress Creek and
Cross Bar Ranch Wellfields in 1978, the Starkey Wellfield in
1979, the Northwest Hillsborough Regional Wellfield in 1984 and
the South Central Hillsborough Regional Wellfield in 1986.

7












facilities.5 In issuing these permits, SWFWMD has relied on

Florida Administrative Code Rule 40D-2.301(4), which authorizes

the Governing Board to grant exceptions to the 5-3-1 Rule

"...when after consideration of all data presented, including

economic information, it finds it is consistent with the public

interest."

16. The consumptive use permits for four (Cypress Creek,

Cross Bar Ranch, Starkey and Northwest Hillsborough Regional

Wellfields) out of seven of the Authority's wellfields are up for

renewal. The consumptive use permit for the other three (Section

21, Cosme-Odessa and South Central Hillsborough Regional

Wellfields) will expire in 1992. The Authority has no assurance

that upon renewal the SWFWMD Governing Board will grant new

exceptions to the 5-3-1 Rule. Without an exception to the 5-3-1

Rule, SWFWMD could decline to issue consumptive use permits for

the Authority's facilities.

17. The Authority is currently involved in a formal

administrative proceeding with respect to its applications to

renew the consumptive use permits for the Cypress Creek and Cross

Bar Ranch Wellfields. See West Coast Regional Water Supply

Authority, et al. v. Southwest Florida Water Management District,





5SWFWMD has issued at least three consumptive use permits
each for the Cosme-Odessa, Section 21 and Cypress Creek
Wellfields, two consumptive use permits each for the Starkey and
Cross Bar Ranch Wellfields and one consumptive use permit each
for the Northwest Hillsborough Regional and South Central
Hillsborough Regional Wellfields.

8













(a) Establish rules, regulations, or orders
affecting the use of water, as conditions
warrant, and forbidding the construction of
new diversion facilities or wells, the
initiation of new water uses, or the
modification of any existing uses, diversion
facilities, or storage facilities within the
affected area.



(3) No rule, regulation or order shall require
any modification of existing use or
disposition of water in the district unless
it is shown that the use or disposition
proposed to be modified is detrimental to
other water users or to the water resources
of the state.

See 373.171(1)(a) and 373.171(3), Fla. Stat.

37. The 5-3-1 Rule exceeds SWFWMD's grant of rulemaking

authority because it is not designed to promote the most

beneficial use of water in accordance with Section 373.171(1)(a),

Florida Statutes. As stated herein in Paragraph 31, the 5-3-1

Rule in effect reserves water to those owners of land who have

not applied for a permit but who may wish to use the water in the

future. This does not obtain the most beneficial use of water,

since it deprives users of water needed to meet their present

demands and saves water for potential users who own land but may

never have a demand for the water.

38. The 5-3-1 Rule exceeds SWFWMD's grant of rulemaking

authority because it is inconsistent with other provisions of

Chapter 373. See 373.171(1), Fla. Stat. As stated herein in

Paragraph 30, the 5-3-1 Rule conflicts with statutory criteria

for consumptive use permits. See 373.223(1), Fla. Stat.



18














LIBRARY COPY
WEST COAST REGIONAL
WATER SUPPLY AUTHORITY

STATE OF FLORIDA
DEPARTMENT OF NATURAL RESOURCES

BUREAU OF GEOLOGY
Robert O. Venlon, Chief



REPORT OF INVESTIGATION NO. 56


GENERAL HYDROLOGY
OF THE
MIDDLE GULF AREA, FLORIDA




By
R.N. Cherry,J. W. Stewart, andJ. A. Mann
U. S. Geological Survey


Prepared by the
U. S. GEOLOGICAL SURVEY
in cooperation with the
BUREAU OF GEOLOGY
DIVISION OF INTERIOR RESOURCES
FLORIDA DEPARTMENT OF NATURAL RESOURCES
and the
SOUTHWEST'FLORIDA WATER MANAGEMENT DISTRICT



Tallahassee. Florida
1970








"I -






0 BUREAU OF GEOLOGY REPORT OF INVESTIGATION NO. 56 11

by relatively flat swampy lowlands, figure 5. These lowlands form a
/ broad plain with gentle relief in the western parts of southern Pasco- "
Hillsborough, and northern Pincllas counties. In eastern Pasco and
tro northeastern Hillsborough counties the land surface becomes gently
A. 1, o rolling with smoothly rounded hills and shallow depressions.
SM1TEN CO
SuT CO The principal streams in the Middle Gulf area are Crystal, Homo-
,. \" ff ^ sassa, Chassahowitzka, Weekiwachee, Pithlachascotee, and Anclote
rivers; and Rocky, Swcctwater, and Cypress creeks. Streams in the
EXPLANATION northern part generally originate at springs and carry little overland
5* ,,f .. flow whereas streams in the southern part carry substantial overland
Line of equal annual rainfall In T ,u ) flow.
Inches "---. The arca contributing water to a stream is usually delineated by

Mean annual infoll at u. 58 topographic divides. However, in the Middle Gulf area, the area con-
weather Bureou Station tributing water to a stream may better be delineated by ground-water )
._.^ ^ \ ." e divides than by surface-water divides, because most of the larger
Middle Gulf Area Boundary [ streams arc fed by ground water issuing from springs and seeps.
SIn Citrus and Hernando counties and northern Pasco country
S-- "PAco 'O surface drainage is almost nonexistent. Sand hills and highly permeable
land surfaces capture most of the precipitation that falls on them, and
Ssinkholes capture a large part of the surface drainage.
k .Some of the sinks in the area that are known to be hydraulically
"L,.. .} ~' .-wa connected to the Floridan aquifer and to transmit large quantities of
S. water vertically are shown in figure 6. In the Brooksville area large
"'- 0 volumes of water recharge the aquifer through sinks. Blue Sink, north-
"7e 4 cast of Brooksville, is capable of leaking large quantities of water
f 0".- ., underground. This sink has a drainage area of about 30 square miles.
4,.. Numerous other sinks also occur in this area, including a large group of
WOO' o sinkholes in the prairie southwest of Brooksville. Some sinks, such as a
sink in the southeast part of Neff Lake, have made prairies of former
"lake bottoms.
Pecks Sink near Brooksville accepts drainage from an area of more
.... than 1I5 siltairc miles and it s one of a group of four or five sink
c Oll)Icxes in thIe area. No hlow into the sink was observed during the
S"t.jI / \'6 I periodd of study. However, flow was observed during other periods.
'rc. vf/ ". l)^During extremely wet periods the overflow from Horse Lake drains
-. 000,0,OOR o in to Pecks Sink.
.r .<7 ''*\_ /'.A N A N tt CO
". ... '. ---'I'lc sinks in the Squirrel Prairie area southeast of Brooksville
-. 4* '' accept drainage from about 20 square miles in the upper reaches of the
Pithlachascotee River. Crews Lake, which is southwest of Squirrel
Figure 4. Map showing normal annual rainfall in Middle Gulf area Prairie, is in the headwaters of the Pithlachascotcc River. The lake has
I.(-Ia)(iO i icivc sink which drains about half the inflow to the lake (about 10
Sels, or 6.4 mgd).


1






REPORT OF INVESTIGATION NO. 56 31
30 BUREAU OF GEOLOGY
river varies from about 5 feet per mile in the headwaters to about 2.5
feet per mile near Lake Tarpon. For the period of study its average flow
TTI1 1-_ ...T-T, near Lake Tarpon was 25 cfs (16 mgd).
A canal recently (1968) constructed by the Southwest Florida
< : Water Management District connecting Lake Tarpon with Old Tampa
z Bay carries the runoff from the Brooker Creek area into the bay.
.u S CURLEW CREEK
"Curlew Creek, a small stream north of Dunedin, drains west into
---------- -. the Gulf of Mexico. The channel slope ranges from about 60 feet per
mile for a short distance in the headwaters to 5 feet per mile near the
mouth. The creek heads in the hilly area northwest of Safety Harbor.
So The average flow at the mouth of the creek was estimated to be about
"20 cfs (13 mgd) during the period of study.
.. .- < ,, STEVENSON CREEK
""----:" -. *5Stevenson Creek heads in the hilly area near the central part of
SPinellas County and drains northwestward to the Gulf of Mexico. The
Slower reach of the creek is tidal. The average flow at its mouth wac
5 ,estimated to be 20 cfs (13 mgd) during the period of study.

= ,^ = .2 ..| McKAY CREEK
McKay Creek in the southwestern part of Pinellas County, rises in
= the hilly area south of Clearwater and flows to the Gulf of Mexico. The
----flow at the mouth of the creek was estimated to be 5 cfs (3.2 mgd)
S- during the period of study.
o SEMINOLE LAKE OUTLET
S. Seminole Lake lies south of Clearwater. This lake was created in
--- .-,. <-- 1950 by damming the upper reach of Long Bayou, a salt-water inlet.
j. -r" The freshening of Seminole Lake is discussed in this report in the
.._-" =, > section entitled "Lakes". The average flow at the lake outlet was 13 c )
(8.4 mgd) during the period of study.
Z I* 1 AI.I,I.N (CREEK
"" Allen Creek is northeast of St. Petersburg and flows eastward to
Old Tampa Bay. Its flow was measured in 1948 50 but was not
measured during this study. However, by correlating the 1948 50
""_ "---"_ -, ; flows with those of other streams in the area during the same period,
Q I I [- + .... ._ '-. the flow a I the mou ll during tis sltldy period was estimated to be 15
Scfs (9.7 mgd).
ON033S W3d 1.33J :I9flD 'WMO1JVV31S
ALLIGATOR CREEK
Alligator Lake is near the town of Safety Harbor and was formed
by damming off a salt-water inlet. Alligator Creek flows into Alligator


t.... . .. . . . ... ... .. .





50 BUREAU OF GEOLOGY REPORT OF INVESTIGATION NO. 56 51



Table 1.- Laboratory analysis of unconsolidated sediment samples
A/ o CO (Analysis by U. S. Geological Survey Hydrologic Laboratory, Denver, Colorado)
tr ad ^ A T'2, 1 y


xx ...." r Specific Total Specific Coefficient of
"Sampling site Depth retention porosity yield permeability
."\" '" \t4 (feet) (percent) (percent) (percent) (gpd per ft2)

45' EXPLANATION 3'1' 4\ r 1.0-1.2 6.8 38.4 31.6 78
12 4A, *5 2 3.0-3.2 91
-- M- LtN 3 2.0-2.2 8.6 45.5 36.9 42
Sampling site. Upper number Is 4 1.0-1.2 001
site number; lower number is 4a 2.8-3.0
least permeobillty (gpd/ft') 5 '.# \ 4a 2.8-3.0 .. 49
in depth Interval 1-4 feet. ^ 4b 3.8-4.0 .1
e t -4. _oc^s v \ ^i '< 4c 6.0-6.2 28.6 32.5 3.9 .002
Middle Gulf Area Boundory / 5 3.0-3.2 38.4 45.5 7.1 .001
y X "6 4.0-4.2 200
I 6a 9.0-9.2 2.0 35.7 33.7 210
HERNANDO CO 6 9.0-
--^..^-. j 7 0.9-1.1 39
) .4 -" ,, 7a 3.1-3.3 56
,/ C 7b 6.0-6.2 43
JD. Q *a 1 ~ *7c 8.0-8.2 3.7 36.0 32.3 44
"- ,' "10 \ 8 2.5-2.7 3.4 40.2 36.8 56
f V -* 9 1.0-1.2 92
W 12 9a 6.0-6.2 2.8 34.7 31.9 66
.PASC 10 0.8-1.0 10
'.ILLSeo U cH 10a 3.0-3.2 150
'V lOb 4.5-4.7 74
'" :l' 1.,. ,j. lOc10c 6.0-6.2 7.7 35.6 27.9 6
4 <.. j} 11 3.0-3.2 2.5 32.2 29.7 46
S12 4.0-4.2 4.9 34.9 30.0 12
o.r oa.r (oo 12a 10-12 4.9 36.1 31.2 180R/
S/ """ ., "t /"7 12b 20-22 4.0 37.2 33.2 180R/
"( I 12c 30-32 9.0 43.2 34.2 67R/
t ^ *12d 40-42 8.5 44.4 35.9 17R/
1^ 13 I 1.0-1.2 77
S\ I 13< 3.0-3.2 62
.."__. ,J 131) 5.2-5.4 6
2'::::5. 13c 8.5-8.7 11.1 38.4 27.3 5
13d 10-12 8.2 45.5 37.3 40R/
/ 13c 20-22 5.6 37.1 31.5 190R/
I_ _,\30 30-32 10.1 42.2 332.1 0 7R/
S ,MANAiI l CO
__ '_ "_ A_._ItR/Repacked samples
3* oo 00 4"o .. z-0



Figitre 25. M;ap slhnwing I,. ;t ion 0of sralitnrlnt .:,nlliting silrs .
|>il))ea('ililie*s ,< selected sanimp)les in I Ihe Middle (;uIlf ;,rce
.1.





70 BUREAU OF GEOLOGY REPORT OF INVESTIGATION NO. 56 71
a 0- 45. 30 I'S 02000, 45' 81*30
""29. ,.. .7..9"W inches and for that part of the Middle Gulf area included in the total
", The weighted-average accumulation for peninsular Pincllas County wa
90 inches.
"2900' -- 900' EVAPOTRANSPIRATION

C CO 097 Evapotranspiration (ET), the discharge of water vapor to the
""01 atmosphere, continues as long as open-water or other moist surfaces arc
5' S MTR CO IAE C -45' exposed to the atmosphere and as long as moisture is available for
o transpiration by living plants. ET cannot be measured directly for large
areas and must be estimated. Therefore, cvapotranspiration was ob-
I MAN tainted as a residual in equation (2). This value is an average for the
30 30 total system. Local values of ET vary with local climate, soil cone
0( 0 -. tions, and vegetation. Evapotranspiration varies seasonally depending
( 0 on changes in temperature, vegetative cover, precipitation, and other
k PASC CO antecedent conditions which affect soil moisture.
,. It 1 The Thornthwaite method (1955) was used to adjust the average
7 > ET for seasonal and areal variations. This method takes into account
S(1) air temperature, (2) precipitation, (3) hours of sunlight, and (4) the
9 'water-holding capacity of the soil and type of vegetation. If water is
,\7' 100 5 28oo available to supply the needs of plants and to maintain soil moisture,
"0 Middle Gu Are Boundary the combined evaporation from the soil and transpiration through the
t ^..... plants proceeds at a maximum rate referred to as the potential
dd Gulf Hroo Systm Boundary evapotranspiration.
)frL ,o Qu al olnS".--d tpe.ratinM. The monthly amounts of actual evapotranspiration for each
"45V / J Inlrat'" 5 ch' climatological station were computed by the method outlined by
"ul,.,,-,l, ,./ -,,, ^fW Thornthwaite and Mather (1957). The accumulated monthly value of
-[,";y y O ET for each climatological station was really weighted to obtain an
,___ ._ average value of ET for the Middle Gulf hydrologic system. The vah
45' 30' ,0' t5oo. $ ,3d of ET as determined by the Thornthwaite method for the 2-year
balance period was 85 inches as compared with 78 inches as a residual
Figitre 37. Map showing ;'cutti1atcl prci)pitatiin for period1June in equation (2). The aren;lly weigh led monthly T' values obtained by
196.1 -- May 196(6, Middle Gulf lhydrologic system the Thorthwaitc method for each climatological station were adjusted
to agree with the average value obtained as a residual in equation (2).
obtained from 14 U. S. Weather Bureau stations. Within the two-year The adjusted monthly values are shown in table 5.
period of the balance, the distribution of the accumulated precipita-
tion varied from 80 to more than 125 inches over the area as shown by RI INOFF
tli( c lon on-i s li i KC .7.
Arcal average precipitation was computed using the Thicsscn Runoff (R) is defined as that part of the precipitation that occurs
method. The monthly weigh ted-average precipitation for the Middle i streams (Langhein and Iscri, 1960). It includes water that flows over
Gulf area is tabulated in table 3 and shown on figure 37. The weighted- the ground surface to the streams as well as that which moves through
average accumulation for the Middle Gulf hydrologic system was 114 the aquifers and discharges to thc streams. For example, the flow of


___________ ....-.^^^-^^______________-____---------------------------------- ~-------------





REPORT OF INVESTIGATION NO. 56 -91
90 BUREAU OF GEOLOGY
primarily through springs and seeps into streams but some discharge
the hydrologic system as precipitation and moves westward through takes place by seepage into the Gulf of Mexico. Seasonal water-level
the Middle Gulf area to the Gulf of Mexico. fluctuations in the aquifer range from about 3 to 5 feet. No regional
The area is underlain by a thick limestone and dolomite sequence, decline in water levels was noted. The decline of water levels in areas of
the upper part of which is the Floridan aquifer. This aquifer supplies heavy pumpage in northwest Hillsborough and northeast Pinellas
nearly all the ground water used in the area. Streams and evapotrans- counties ranged from about 6 to 14 feet during the period 1958 65.
piration discharge most of the water from the area. Water in the streams Ground-water withdrawals in the well-field areas increased from about
is chiefly discharged from the Floridan aquifer. The principal streams 3 mgd in 1930 to about 45 mgd in 1966.
are Crystal, Homosassa, Chassahowitzka, Wcckiwachcc, Pithla- Lakes arc more numerous in the southern part than in the north-
chascotcc, and Anclote Rivers and Rocky, Sweetwater, and Cypress e part of the Middle Gulf area. The stages of some lakes fluctuate as
Creeks. The largest stream, Crystal River, discharged an average of 930 much as 5 feet per year, whereas in other lakes fluctuations are only
cfs (600 mgd) for the 2-year period, about 3 feet per year. In general, lakes in upgradient areas and in the
The water balance (in inches) for the Middle Gulf area for the well fields in the southern part of the area have the greatest range of
p IdJune 1964 May 1966 is: fluctuation.
S= GI + P ET R O Ample supplies of good quality water are available for existing
AS= GI+ P-ET-GO and foreseeable uses. The present (1969) problem is one of water
O = 24 + 114 77- 59 2 management and optimum development rater than availability of
This equation shows that no change in storage ( S) occurred during the water. By properly spacing wells, avoiding excessive pumping rates, and
balance period and inflow to the Middle Gulf area was precipitation (P) distributing well fields, drawdowns between wells and between respec-
and ground-water inflow (GI). The outflow from the area was primarily tive well fields can be minimized and overdcvclopment and subsequent
evapotranspiration (ET) and strcamflow (R). Ground-water outflow declines in water levels, now reflected to some degree in lowering of
(GO) was smalllake levels locally and reduction in streamflow also would be mini-
Although evapotranspiration is highest during the summer, pr mized. A reduction in the decline of water levels as a result of pumping
Although evapotranspiration is highest during the summer, pre- would minimize conflicts of interest between various water users
cipitation greatly exceeds the evapotranspiration, and water stages and would minimize confli ly, ho ever, if the populatio us wte uses
storage in all water-conveying components are highest during the throughout the area. Eventually, however, if the population continues
st i to grow and if industrialization grows apace with the urbanization, the
summer. time will come when local fresh-water supplies will not be available on
The principal water-conveying component in the Middle Gulf area an annual average basis in quantities needed. In other words, man's
is the Floridalaquifer.IThe average flow through the aquifer is estimated demand will exceed nature's annual replenishment of the resource,
S e 2,800 cfs (1,810 mgd) for the period of study. Most of this flow making reuse of water, recharge of the aquifer with flood water, and
,urred in the northern part. The transmissivity of the aquifer is other means of augmenting the available supply necessary if the
estimated to range from about 100,000 gpd per ft in the southern needs are to be fully met.
part to more 10 million gpd per ft in the northern part. The top of
the aquifer ranges from about 80 feet above msl in the eastern part
to more than 60 feet below msl in the southern part near the coast.
The water level in the Floridan aquifer ranges from more than 90
feet above msl in the eastern part to sea level at or near the coast. The
water-level gradient in the aquifer avenrges about 3 to 5 feet per mile, or
about the same as the slope of the land surface. Water in the aquifer is
confined in parts of the area and unconfined in other parts. Recharge to
the aquifer occurs over most of the Middle Gulf area, in part by vertical
le(kagc through the overlying sediments and Ihrough sinkholes and by
ground-wlcer inflow from adjacent areas. l)ischarge from the aquifer is















Rule 16,-2.04 (5), F'li. A i. i Codet1. Pa4,:o 'Colunlt y moved to

intervene in t.h pi e i i. ione:r: CUP .ppl i.it iion process colnc'tIri I(

the ( ross B1ar Ranch W 1.llf io1. Among'. ItI isIsues L iseOd by

Pasco County i n their pet it i n to i n t v.ent w..s \/ wh their the pro-

posed consumptive use would c:.eceed Lhe. water crop oof land owned,

leased or otherwise controlled by the applicants.

(5) At the time of the evidentiary hearing in the pre-

sent cause, SWFWMD had not yet held an administrative hearing on

the application for a CUP modification for the Cross Bar Ranch

Wellfield. The application was pending both at the time of

the fiJing of the petitions with the Di.vision and at the tim(

that all parties rested at ithe conc .Ius ion of the evide
hIea ring.

(6) The )petit. ionls filed in the i.ns tanit ca-use c.li.l] (nI.

the validity of SWFWMD's Rulo 16J-2.11(3), F'lori;(1 3Adritin i.;tre-.iti v:

Code. This rule is known as the watl.e-r crop rule, i and reaT;fi; .-;

fol lows:

1 6J-2.11 (ondi t ions for a Consum t! iv.' s;: P'.ii .

(3) Issuance of a permit will he den ni,'d if ti-e
amount of water consumptively used will e:ceed
the water crop of lands owned, lease;.d or ithler-
wise contcollcd by the applicant. (E;::coput whe..-
determinced otherwise, t:ho water cror, [!,prcip.i tit. ioni
less evapotranspiration] throughout: the District will
be assumed to be three hundred sixty-fi.ve thousand
(365,000) gyll ons per year per acre.)

(7) Another sub e,;,ct. i.o oF Rul]e .16.1-2.31 )rovides th-.!,i

th.- governing board of SWf'WMI) may Iqrnt. an except i
crop rule. Subsecctijon (5) of: lltoe 36J-2. 1.1 prov ides th1at:

(5) Thfe Board for good cause shown may grant
exceptions to the provisions of paragra.,phs (2),
(3), (-1) and (10) of this rule when after
consideration of all data presented, including
economic in format ion, it. finds thatt, it i.- consist.nt
with tl1e pul]) ic interestt.

(8) The caveat- of t1:he water crop rule is:; that. on1ly

1,000 allowss per acre per day n.y be wit. drawn under any permi t.


-7-













In effect, it reserves water to those owners of land within the

District who have not applied tor a permit but who may wish to

use the water in the future. The Toquestra case recognizes that

Chapter 373 makes no provision for the continuation of an un-

exercised common law right to use the water under one's land.

Finally, the evidence adduced at the hearing clearly

illustrates that the water crop theory cannot be used to

accurately determine the amount of water which can be consumptively

used on any specific piece of land. This is due to the variety

of hydrological factors which must be considered for each given

parcel of land and the wide variety of such factors throughout

the District. The witnesses presented by the respondent agreed

that from a regulatory standpoint, a CUP should never be denied

based solely upon the water crop rule. To do so would be hydro-

logically invalid. As such, it must be concluded that the water

crop rule is arbitrary and capricious in nature and is an unsound

method of regulating and determining the issuance of consumptive

use permits.

The conclusions of the Florida Joint Administrative

Procedures Committee are not binding on a Division of Adminis-

trative Hearings Hearing Officer in reaching a determination as

to the validity of a rule under Chapter 120. For this reason,

the evidence adduced at the hearing regarding this issue is

deemed irrelevant and immaterial.

In summary, it is the conclusion of the undersigned

Hearing Officer that the challenged water crop rule is invalid in

that it exceeds SWFWMD's statutory authority, it impermissibly

conflicts with Chapter 373, Florida Statutes, it creates property

rights to water contrary to Chapter 373 and the decision of

Village of Tequestra v. Jupiter Inlet Corp., 371 So. 2d 663 (Fla.

1979) and it is hydrologically unsound and accordingly arbitrary

and capricious in nature.


-17-





University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs