Title: Section 21 Well Field, City of St. Petersburg Summary
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 Material Information
Title: Section 21 Well Field, City of St. Petersburg Summary
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Section 21 Well Field, City of St. Petersburg Summary May 1, 1979
General Note: Box 9, Folder 5 ( SF-SWF 200003/WCR/St. Pete/Section 21 Volume I - 1976-92 ), Item 1
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00001680
Volume ID: VID00001
Source Institution: Levin College of Law, 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



May 1., 1979


Section 21 Well Field,
City of St. Petersburg
Summary


The City of St. Petersburg purchased the Pinellas Water
Company including approximately 600 acres of Section 21.

The City of St. Petersburg developed and placed a well
field into operation on the Section 21 property.


February 1972







July 1973





September 1973





November 1973







April 1974




June 1974





January 1975




September 1975


The need for regulation of the City of St. Petersburg's
South Pasco, Cosme-Odessa, and Section 21 well fields,
established during Public hearings held in December
1971 and January 1972, led the Board of Governors of the
Southwest Florida Water Management District to issue
Order No. 72-1 establishing potentiometric surface
regulatory levels for the Cosme-Odessa and Section .21
well fields.

The Board of Governors of the Southwest Florida Water
Management District, by Order No. 73-10, declared that
a water shortage existed within an area of the south
three miles of Pasco County and the north eight miles
of Pinellas and Hillsborough Counties lying between
State Road 55 (U.S. 19) and State Road 45 (U.S. 41).

Due to a still existing water shortage, the Southwest
Florida Water Management District entered Order No.
73-5D requiring that withdrawals of water in Section
21 be limited to staff recommended potentiometric
levels and that water conserving practices be immediately
constituted in the water shortage area.

At the regular public hearing, Order No. 73-6R was
entered which established in addition to existing re-
gulatory monitor levels, a gallonage cap upon the Section
21 and Cosme-Odessa well fields so that the total
maximum withdrawals from the combined well fields
could not exceed 168 million gallons per week non-
cumalative, with production reasonably balanced between
the two well fields.

The Governing Board of the Southwest Florida Water
Management District issued Order No. 74-11R amending
Order No. 72-1 and extending a hearing date to consider
establishing monitor levels for the shallow aquifer in
the well field from August 10 to August 14, 1974.

Order No. 74-34 was entered at the Southwest Florida
Water Management District public hearing amending Orders
No. 73-50, 72-1, and 73-6R. This Order called for the
City of St. Petersburg to require water conserving devices
on all new construction based on the availability of the
devices.

A program for issuance of permits authorizing the consump-
tive use of water was implemented commencing-lanuary 1,
1975. Existing users prior to January 1, 1975 were -
allowed to be continued through December 31, 1976 without
a Consumptive Use Permit.

The City of St. Petersburg applied for a permit for public
water supply at an existing use of 9 mgd and new use
of 18 mgd from 6 wells located in Section 21, Hillsborough
County for off-site consumption. Quantities applied for
were:


Average Annual:
Maximum Daily:


18 mgd
22 mgd


1940

1963


a, d5~(:&--







May 1, 1979
Section 21 Well Field
Page Two


October 1975






January 1976










February 1976








March 1976



August 1976


September 1976-


The City of St. Petersburg sold 16 acres of its property
in Section 21 to the Tampa Electric Company. The Tampa
Electric Company inturn, conveyed all Of the water rights
under certain TECO properties adjacent to the City of
St. Petersburg's Section 21 property bringing the total
of City owned or controlled properties in Section 21 to
675 acres :.i

The first public hearing on the Section 21 Well Field
was held at the Southwest Florida Water Management
District. In addition to the requested quantities, the
applicant requested that the existing regulatory levels
be maintained, that the pumping cap be removed, and that
a 5 foot variance in the regulatory levels be allowed as
opposed to the 3 foot variance set forth in Order No. 73-6R.
Since the application did not refer to the desired quanti-
ties of water or the removal of the pumping cap, the
hearing was scheduled for continuation on February 18,
1976.

At the continued Section 21 hearing, a permit was granted
under the same regulations which the City of St. Petersburg
had been operating under through Order No. 73-6R with
one exception. During 1976, the City would be allowed
to exceed the 168 million gallons a week cap in connection
with the Cosme-Odessa well field, by up to 21 million
gallons per week during any six weeks with all production
to be reasonably balanced between the two well fields.
The permit was set to expire on December 31, 1980.

The Governing Board of the Southwest Florida Water
Management District issued Final Order No. 76-1 for
permit application 7500003, Section 21, City of St.
Petersburg.

Permit No. 7500003 was issued to the City St. Petersburg
under Order No. 76-1 by the Gpverning Board of the South-
west Florida Water Management District. The combined
withdrawals for six wells were authorized at:

18 mgd average annual
22 mgd maximum daily

The Regulatory constraints of Chapter 163 were met with
the exception that the proposed withdrawals would cause
a drawdown of the potentiometric surface at the boundaries
of the applicants well field by more than five feet. The
amount of water consumptively used would exceed the water
crop by 2667% based on the availability of 675,000 gpd.


The City of St. Petersburg filed a'petition for a
Writ of Certiorari with the Second District Court of
Appeals to review the Southwest Florida Water Management
District final orders and permits. The City of St. Peters-
burg sought authorization to withdraw quantities of water
at Section 21 well field based .on regulatory levels rather
than gallonage caps permitted for withdrawal by the South-
west Florida Water Management District. The petitioner
also sought to demonstrate the regulatory levels were
based on the water crop theory; the water crop theory
being in derogation of Chapter 373, maximum use of the
water resource, and the water crop theory limiting
withdrawals to the amount of property under control by
the applicant.







May 1; 1979 '
Section 21 Well Field
Page Three

October 1977 The Second District Court of Appeals upheld the decisions
S 'of the Southwest Florida Water Management District
: because the City of St. Petersburg failed to show that
the regulatory levels of the aquifer, as set by the
District, were established by other than reference to the
test of significant harm to the water resources of the
area. The City of St. Petersburg then petition to the
District Court of Appeals for a rehearing and asked that
the case be referred to the Florida Supreme Court.


November 1977

January 1978



March 1978

January 1979


The Second District Court of Appeals denied the petition
for a rehearing.

The City of St. Petersburg filed a petition for a Writ
of Certiorari with the Florida Supreme Court -and also'
filed a petition for the Court to exercise jurisdiction
in the matter.

The Florida Supreme Court denied a motion to take jurisdiction
in the matter.

The Florida Supreme Court entered an Order denying the
City of St. Petersburg's petition for a Writ of Certiorari.
This final dismissal exhausted the judicial avenues for
the City to petition the Southwest Florida Water Management
District's permitting decisions for Section 21 Well Field.


LRC:ajp


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