Title: Letter: 1/31/1994
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Permanent Link: http://ufdc.ufl.edu/WL00002329/00001
 Material Information
Title: Letter: 1/31/1994
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Letter: 1/31/1994 To: Board Members From: Roy Harrell Jr.
General Note: Box 10, Folder 14 ( SF-Water Use Caution Areas-SWFWMD - 1993-1994 ), Item 44
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00002329
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
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Full Text
1: WaoAn USAL-
CAodAa- &
BAYNARD, HARRELL, OSTOW & ULRICH, P.A.
ATTORNEYS AT LAW
WILLIAM T. BAYNARD. JR. REPLY TO:
H M. CAVES TWELFTH FLOOR 2 POST OFFICE BOX 110
AM S. DASKAM IV 100 SECOND AVENUE SOUTH ST. PETERSBURG. FLORIDA 33731
iEN C. DUPRE' ST. PETERSBURG. FLORIDA 33701 a 210S0 US HIGHWAY 19 NORTH. SUITE $01
ROY G. HARRELL. JR. (813) 33.S-000 CLEARWATER. FLORIDA 34231
JOHN P. HIGGINS A\ 1 TELECOPIER: (113) :94-1023 PHONE NUMBER: (013) 79-2525S
MICHAEL J. KEANE TAMPA NUMBER: 237-6170 TELECOPIER: (13) 797-3208
MORRIS A. LeCOMPTE TOLL FREE (800) 823-S001 TOLL ,FREE, () 794-001
JOSHUA MAGIOSON EXeCa i 10 WST 6ILeON STREET
STEPHANIE T. MAROUAR Wv TAMPA. FLORIDA 35
I. PAUL MeGUIRE III0 De PHONE NUMBER: (813) 2S4-4SO8
S. MICHAEL OSYOW .. TELEOPER"l (S13) 64-.4150
DAVID R. PUNZAM E *"
LAVID R. PUNZAK a a WERNER H. VON ROSENSTIfL
LEE H. R8ITMYER RITTRMSAUS. WISSMAN & VON
LORI L. RUTLAND ROSENSTIRL
PAULA M. SICARD 666 600 MANNHEIM 1. GERMANY
LONNIE L. SIMPSON ,
JOSEPH J. SOROTA, J. OF COUNSEL
RONALD L. STEPHENSON D ANIEL P. PERNANDEZ
ROBERT L. ULRICH ROBERT P. KAUFMAN
JULIUS J. ZSCHAU (ADMITTED ARIZONA BAR ONLY)
"iSe. \'V" VERNON N. KAISER
January 31, 1994 waRNER H. VON ROSENSTIEL
DEAN R. HOUK (1904 1584)

Boardiflabcrs
Southwest F da Water Management District

Dear Fellow Board Members:

One of the necessary bodily functions is to exhale. I began to do so by the time I got to
the Howard Frankland Bridge between Hillsborough and Pinellas Counties Wednesday evening.
(r In quiet reflection, I thought it productive to send you this letter.

First, Jim Cox concluded the meeting like we all should. Even when we talk "the talk",
there is nothing personal in it. We are merely discussing issues iupon which we can disagree in
good faith. I appreciate Jim saying it and I reiterate his apology to the Board for myself.

Second, we need to get over the feeling that we are not doing anything. -istorically,
there was nothing anywhere in the State of Florida and possibly in the nation like the thee
WUCAs that were formed, nor the MIA that was created. There was likewise nothing in the
State of Florida like the Needs & Sources Study started under the prior Board aid concluded by
this Board. Of recent, what have you done? Quite frankly, a lot. The concept of safe yield is,
as my daughter would say, quite radical. You have finished that analysis in the southern half of
the District, and are in the process of creating a Southern WUCA that makes the prior three
WUCAs look insignificant in comparison. Concepts of dramatic conservation measures, new
water sources and caps on use are included in the present proposal. If you do not like the
schedule for adoption of the SWUCA, then change the schedule. Next, safe yield is being
established in the Northern Tampa Bay Area and shouldbe concluded by the Summer. The same
pain experienced in the south should be expected in the north. In this instance, the Board did
something no prior Board did, namely create a process of mutual cooperation between West
Coast and SWFWMD to address the problems and proper solutions. In fact, that process was
created just three months ago and they are already bringing back recommendations, and the very
report on it was the impetus for the harsh discussion by the Board Wednesday afternoon.


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Board Members, SWFWMD
January 31,-1994
Page 2


Other examples of leadership are stringent conservation and new,waterinitiatives, Look
at our District in comparison with others and you quickly see there is no comparison.
SWFWMD has stressed all forms of conservation, many of which are recognized nationally, in
example, plumbing retrofit, toilet rebate, per capital limitations, etc. Just compare reuse projects
in the District with other areas of the State, and you will see a very heavy emphasis by us. Look
further at what we did not do, namely a 30% plus tax increase to create a challenge fpnd for new
water initiatives.- Frankly, if we are not doing anything, then I would love to see a Board that
is doing something.

Everyone of us has the same goal, namely the protection of the water resource, and
hopefully insuring that all segments of our community have water in the future in reasonable
amounts. So what is the fuss? In my opinion, it is a question of timing. Some want action now,-
regardless if the studies are in and the solutions are determined. Others want to take corrective
action as soon as possible, but not until the due diligence of determining the problem and the
solutions is completed. What type of time? Once again, that is a policy question.' We decided
not to wait on the Needs & Sources process 3 years ago, and fast-tracked it by paying for it out
of contingency funds, thus putting us at lest a year ahead of the other Districts. The same
applies here. The process between West Coast and SWFWMD is merely 3 months old and
already they are coming back with solutions. If we want to hurry up the process, then let us give
that direction to staff instead of going off on a tangent.

Now I must address the acions Wednesday afternoon. 3 Basically, I heard a motion to
have Staff provide the Board the Baseline" (or Baselevel) of water usage, which by utility
standards means a base amount of water necessary for humans to live within health and safety
limits. I asked what that meant after the meeting and was told that specifically excludes all.
exterior use, including sprinkling, pools, fountains, car washing, etc., etc., etc. That is a harmless
motion,'and no one can argue about gaining knowledge, but there was a seconddiscussion going
on of imposing water restrictions based on that baseline and restricted to West Coast. When Pete
Hubbell asked whether to present us options, J heard him directed to caly give the Board the
number of gallons involved in the baseline. So now we have -told the world we are
contemplating restrictions based ou the baseline number, whatever it is. That wa& improper for
many reasons, including (1) we have not concluded the scientific data on connecting the affects
of the lakes on pumpage, (2)we have not concluded the scientific data on safe yield, one element
of which is to not affect the environment, (3) 9e havesingled out one water user in the northern
Tampa Bay area, excluding all other users, (4) we, have singled out one area for immediate
drastic actions, without reviewing whether it should be imposed District:wide, (5) we have not
sought the proper solutions to the problems (some qf which were recommended to us Wednesday
afternoon), and we do pot even know if cutting back pumpage will undo the very condition of
specific lakes that you saw in photographs and on video, (6) we have not identified the means
in which to gain resolution of he problem by funding, nor, through cooperation (e.g. rate


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Board Members, SWFWMD
January 31, 1994
Page 3



structure), (7) as deplorable as those water bodies looked, lets not allow government to screw up
other areas in the process, including specific businesses that rely upon our sane. application of
the rules (e.g. green industry, pool industry, lawn mowing businesses, etc., etc., etc.), and (8) we
will never reach any solution unless we allow existing initiatives to be completed (e.g. putting
the West Coast initiative on hold while we now discuss this new direction).

We all have a dream, and I want to describe mine to you for the Northern Tampa Bay
area. It is as follows:

1. Scientific Determination. We conclude the safe yield analysis by this summer,
and, if necessary, by an earlier date if at all feasible. This should not only identify problems (we
can already visually see those), but also the reasons for those problems. We need this to support"
rule making and in power for negotiations with those groups creating, the problqpn. I want to be
clear that lakes are our environment, and I want them preserved and restored regardless whether
caused by over pumpage or drought or diverted drainage or otherwise.

2. Problem Solving. The initiative between West Coast and SWFWMD (with the
5 member governments comprising West Coast also participating) be allowed to come up with
definitive short term, mid term and long term solutions. This should address (a) water rates, (b)
water conservation, (c) new water sources, (d) storage, (e) correction of lake and wetland
impacts, etc. In fact the long term portion should be the master plan, including location of
wellfields, interconnects, etc. Some element of it should be good old enforcement of our rules
and water restrictions imposed on the area. Once the solutions are determined, they should then
be presented to SWFWMD and West Coast Boards for adoption. I was hopeful that we could
do a lot of those type of actions this year, doing short term actions now (e.g. lake augmentation,
better enforcement, and cutbacks where possible), and mid-term by the end of the year, and long
term projects shortly thereafter. This is aggressive, but it is better that we all march down the
same path together instead of getting into a legal fight in which attorneys win and the resource
loses.

3. Financing. I would hope there would be two ways to pay for the solutions. First,
those solely attributable to a county or city should be paid for by them (e.g. reuse project solely
used by them). This could be done without the involvement of SWFWMD, although the Basin
Boards may assist through cooperative funding grants. Second, those regional projects should
be paid for by the region. In example, solutions designed to correct the lake levels or wetlands
impacted by drainage should be considered regional, especially since the water is being used
regionally. The same would apply to new large sources, whether Hookers Point, aquifer storage,
RO or similar projects. My contemplation of those involved would include the three counties
and two cities in West Coast as well as others to be determined, West Coast, SWFWMD and the
various Basin Boards that affect the three county area. I have said before that Hillsborough,








Board Members, SWFWMD
January 31, 1994
Page 4



Pasco and Pinellas Counties collectively comprise over 60% of the entire assessed value of the
District (for purposes offunds being derived from ad valorem taxes) and over, 60% of the entire
population of the District (for purposes of considering raising water rates and/or bonds to fted
the cost). In any event, it should be achievable if we have the will.

,Where do we go from here? Obviously, we are going to the February 18th meeting with
the instructions given. I do not see how they can be changed now. What I urge is that we
receive the information presented'on baseline usage, determine if there is any reasonable cutbacks
that could be accomplished now, and beyond that, allow the safe yield analysis and the West
Coast/SWFWMD process to be completed. Once again, if we do not ike .the suggested
timelines, then let us discuss thie timelines and not.destroy the best means in which to
accomplish what we all want. --

I have said enough. I look forward to discussing this with on february 18th.

Kindest regards.

Very truly yours,



Roy G; Harrei, Jr.

RGH/cef

cc: Southwest Florida Water Management District
'N4Attn:a Peter O. Hubbell, Executive Director


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