Title: Note with Attached Declaration of Water Shortage Order SWF 94-12 and 94-13
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 Material Information
Title: Note with Attached Declaration of Water Shortage Order SWF 94-12 and 94-13
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Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Note with Attached Declaration of Water Shortage Order SWF 94-12 and 94-13
General Note: Box 10, Folder 19 ( SF Water Wars - 1975-2000 ), Item 21
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00002445
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
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SOUTHWEST FLORIDA WATER M-ANAGEMENT DISTRICT


IN RE:

DECLARATION OF WATER SHORTAGE ORDER SWF 94-12



MODIFIED ORDER IMPLEMENTING WATER SHORTAGE RESTRICTIONS

The Governing Board of the Southwest Florida Water Management
District (District), during a specially convened meeting on
February 18, 1994, at 4500 West Cypress Street, Tampa, Florida,
which was continued to March 1, 1994 at 1:00 p.m. at District
Headquarters, in Brooksville, Florida, received comments and
testimony from representatives of: the West Coast Regional Water
Supply Authority, (Authority), the City of St. Petersburg,
Hillsborough County, Green Industries, members of the public and
staff regarding the implementation of proposed limitations to be
placed on permits held by the Authority and/or its member
governments (the City of St. Petersburg, Hillsborough County and
Pinellas County) pursuant to Chapter 373, F.S., Chapters 40D-2 and
40D-21, F.A.C. The Governing Board held a further meeting on
May 24, 1994 at District Headquarters in Brooksville, Florida to
receive comments and consider the modification of this Order.
Based upon such comments and testimony, the Governing Board makes
the following Findings of Fact and Conclusions of Law.

FINDINGS OF FACT



1. The Authority and three of its member governments (the
City of St. Petersburg, Hillsborough County and Pinellas County)
own or manage seven wellfields within the affected area (Exhibit 1)
aS part of the central water supply system (Exhibit 2). For
purposes of this Order, the term Permittee shall mean the
Authority, the City of St. Petersburg, Hillsborough County and
Pinellas County. The term Permittee shall not mean the City of
Tampa, the City of New Port Richey or Pasco County.


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2. The City cf Tampa owns and manages the Morris Bridge
Wellfield. This is the -only groundwater supply facility operated
by the City of Tampa. Although the Morris Bridge Wellfield is
located within the affected area, it is not one of the central
water supply system weilfields.

3. Within the affected area (Exhibit 1) many surface waters
and wetland water levels are low.

4. Within the affected area, rainfall has been approximately
87% of normal from 1989 to 1993, and annual precipitation estimated
from period of record data from 1915 to present shows no
significant rainfall trends.

5. Within the affected area, pumpage from the central water
supply system wellfields is a significant contributing cause of
lowered groundwater and surface water levels.

6. Of the total estimated groundwater pumpagein 1990 within
the affected area approximately 76% -of this pumpage was from the
central water supply system wellfields for public -supply purposes.
The West Coast Regional Water Supply Authority and/or its member
governments controls the majority of public supply pumpage in this
area.

7. A significant portion of public supply withdrawals from
the central water supply system wellfields are exported and do not
recharge the area from which the withdrawals occur.

8. The seven active wellfields of the central water supply
system are permitted for a total average annual quantity of 144.9
mgd. In calendar year 1993, these wellfields were reported to have
pumped 120.2 mgd, which is 24.7 mgd (or 17%) less than permitted.

9. The District recognized that adverse environmental
impacts were occurring in northwest Hillsborough County, and
responded by establishing an Area of Special Concern in 1986.

10. In 1987, as a result opf adverse environmental impacts
occurring in the central groundwater basin, the Northern Tampa Bay
Water Resource Assessment Project (WRAP) was initiated. _The study
area completely encompasses- the central water supply system
wellfields.


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11. Withdrawals from the central water supply system
wellfieids have had greater than anticipated environmental impacts.
Pumpage from the central water supply system- wellfields is a
significant contributing cause to adverse environmental impacts
within the affected area.

12. The Northern Tampa Bay Water Use Caution Area was
established by Order in 1989 and adopted by rule in 1991, to
develop and implement solutions to lowered lake levels, impacted
wetlands and saltwater intrusion.

13. Continuing deterioration of environmental conditions
within portions of the southern ten counties of the District, which
includes the central water supply system wellfields, resulted in
the implementation of Governing Board Order 92-12, as amended by
Board Orders 92-21 and 92-60, requiring reduced water use in the
affected area.

14. Reduction in demand for water within the affected area
that is achievable through the water shortage restrictions imposed
by Governing Board Order 92-12, as amended by Board Orders 92-21
and 92-60, could be substantially increased through greater
enforcement efforts by local law enforcement officials.

15. Two District enforcement sweeps within the affected area,
indicated widespread violations to Board Order 92-12, as amended by
Board Orders 92-21 and 92-60. In December; 1993, a one and one-
half day patrol in northern Pinellas County by four District staff
witnessed over 600 violations. A January 28, 1994, sweep by four
District patrols witnessed over 300 violations in Pinellas County
and more than 200 violations in northwestern Hillsborough County.
Both sweeps factored out locations with treated wastewater or other
District exemptions.

16. During the December 1993, Governing Board meeting, Board
Order SWF 93-105 was executed in response to deteriorating
environmental conditions as aggravated by a decreased rainfall and
the demand within the portions of northern six counties of the
District.

17. Of the public supply pumpage, between 30% and 50% of
residential water use is estimated to be used outdoors. Outdoor
water uses are not required for public health and safety.


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According to the Permittee, domestic water use within those areas
S served by the central water supply-system, wellfield totals: 5 mgd
on as annual average basis.

18. Water shortage restrictions. which limit- lawn and
landscape irrigation to two days per week, when effectively
enforced, can result in an 8-12% overall system water use demand
reduction. :This is. the :equivalent to a 10-12 mgd; reduction in
water use within .those areas served by the central water supply
system wellfields.

19. Neither :water shortage- restrictions .resulting from
effective enforcement, nor a complete ban on outdoor water use,
would be adequate to halt environmental impacts -occurring within
the affected region.

20. The District monitors over 60 Floridan aquifer wells
within the area influenced by the central water supply system
wellfields. Five of, these wells have a significant period of
record averaging, 30 years. A majority of those wells with apparent
trends have been trending downward for-the past five years.

21. Some of the most extreme lake impacts are located in the
lake region of northwest Hillsborough County and the Cross Bar
wellfield (Permit #204290.02).

22. Lower than normal groundwater levels have contributed to
environmentally unacceptable surface water levels within.the lake
region of northwest Hillsborough County and Cross Bar wellfields.

23. Cross Bar wellfield has received 9%. of historical
average rainfall from 1989 to 3993, and has averaged approximately
27 mgd since 1990.

24. The, Authority's calibrated model, submitted in 1986 and
agreed to by the District during permitting in determining
potential impacts of withdrawals from the Cross Bar wellfield, did
not accurately predict the impact of the permitted quantities on
the surrounding water resources. Data analysis indicates the
Floridan aquifer groundwater impacts in that area were
approximately five times greater than anticipated as projected by
the calibrated model.


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25. District analysis of water level data near Cross Bar
wellfield separates and quantifies ithe effects due to rainfall and
withdrawals.

26. The Floridan aquifer is poorly confined beneath the Cross
Bar wellfield. Pumpage from the Cross Bar wellfield is dewatering
the water table, lakes, ponds, and wetlands of the area.

27. From 1980 to 1989, pumpage at Cross Bar wellfield
averaged 15.2 mgd. Environmental impacts observed at that time
were less significant than those observed today. Since 1989,
pumpage has averaged close to the permitted 30 mgd.

28. The surficial aquifer monitor wells are at record lows at
Cross Bar wellfield. At least one surficial Aquifer monitor well
has been completely dry within the past year.

29. Monitor wells; influenced by Cross Bar wellfield pumpage,
are experiencing greater than anticipated drawdowns. The
Masaryktown Deep well, near Cross Bar, is 13.08 feet below
historical mean for January, and is currently at an all-time record
low. WRW Deep is 16.68 feet below the historical mean for January.

30. Lowered water levels in the surficial aquifer have
resulted in reduced hydroperiod and lowered water levels within a
minimum of 2,000 acres of surface waters and wetlands in the Cross
Bar wellfield area.

31. A minimum of 138 domestic wells within a 4 mile radius of
Cross Bar wellfield have been impacted to the extent which required
mitigation within the last three years as a result of the
production of water from the Cross Bar wellfield.

32. There are lakes located in Pasco County in the vicinity
of Cross Bar wellfield with adopted levels that are identified as
stressed. Many other lakes without adopted lake levels are either
stressed or dry. Among the dry lakes in Pasco County are Lake
Pasco, BigFish Lake and Loyce Lake.

33. Jumping Gully, a tributary of Lake Loyce and Crews Lake,
has not flowed since 1987.


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34. Rainfall stations located in the vicinity of the lakes
) region of northwest Hillsborough County, received 94% of historical
average over the last five years.

35. For the period 1987 through 1992, pumpage at Cosme-Odessa
Wellfield (Permit #200004.01-) was reported to have averaged 8.4 mgd
but has the permitted capacity at 12 mgd.

36. A minimum of 3, lakes, with adopted lake levels within
northwest Hillsborough County are currently stressed lake. 'Of the
30, at least 18 are below their adopted Extreme Low Management
Level (ELML).

37. The Authority's-Regional Water Supply Needs and Sources
Update Study, completed in 1986, identified the need to supplement
the central water supply system wellfields with 16 mgd average
annual quantity from additional sources in the Cypress Bridge
Wellfield area. To -date, -nly 8: mgd of the 16 mgd has been
permitted, the Permittee has never- applied for the remaining 8 mgd.

38. Cypress Bridge Wellfield i~s -an Authority,; wellfield
currently permitted as a- peaking facility, to allow wellfield
rotation to relieve stress from the central water supply system
wellfields in timesof high demand.- This wellfield was .permitted
for 8 ngd annual ave~5 ~ quantity in 1990, and was anticipated to
be connected to the central water supply, system by as early as
1990. Currently this wellfield is not connected: to the central
water supply system and is only pumping approximately 1 mgd for
local uses. This wellfield is not expected to be connected for at
least two, years and therefore will providte- no relief to the system
.during that time. Even when connected, Cypress Bridge Well:ield
will provide onlylimited relief to the central water supply system
wellfields.

39. The Authority's 1-986 Regional Needs. and Sources Plan
identified wellfield rotation as an essential management practice
which can be used in a regional water supply system to reduce
adverse ecological and hydrological .impacts. Effective wellfield
rotation would allow concurrent satisfaction of water supply needs
during drought .or emergency conditions, and -minimize stress at
sensitive withdrawal sites.


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Lack of sufficient peaking facilities connected to the central
S water supply system prohibits 'the Authority from utilizing
wellfield rotation in such a manner that will give priority to
reducing adverse environmental effects "of -excessive or improper
withdrawals of water from concentrated areas.

40. The Authority's Emergency Operations and Management Plan,
dated December 12, 1990, was envisioned to be utilized in the event
of. catastrophic failure or other emergencies which might limit
production from any of the regional facilities. In that plan, the
Authority identified the need to investigate interconnections
between-member governments (e.g.'Tampa and Hillsborough County) to
maximize the use of existing facilities. To date these
interconnections have not been undertaken, nor are any such
interconnections under construction.

41. Since September 1993, the District has been a co-chair
with the Permittee on the Resource Advisory Committee (RAC). The
RAC was created to develop the Authority's Resource Development
Plan, which is a plan to determine the needs and sources for the
tri-County area. a Possible- initiatives include: increased
interconnection of the regional water supply facilities,
S rehydration of environmentally stressed wellfield areas,
alternative ,sources, conservation, public awareness, lake and
wetland augmentation, and beneficial reuse.

42. The District directed the Authority as early as 1982,
through a condition of Water Use Permit# 203647.01, South Pasco
Wellfield, to "actively cooperate with other governmental entities
in developing, an overall plan for future water supply sources and
distribution for Hillsborough, Pinellas, and Pasco Counties". This
permit condition plan included "proposed schedules and priorities
for designing, testing, financing and constructing withdrawal
facilities, treatment facilities, transmission lines, and system
interconnections", as well as consideration of reuse options.
Specific items required to be addressed in the plan, but which have
not yet been implemented include, but are not necessarily limited
to:

a. Interconnection between Cypress Creek Wellfield and
Morris Bridge Wellfield.


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b. Reuse of created discharge from the- City of Tampa's
) Hooker's Point Treatment Plant.

c. Installing supply wells along existing-and proposed water
pipelines.

d. Establishing uniform water pressure and quality standards
for interconnected systems.

Two additional wellfield permits, Cosme-Odessa '(WUP
#200004.01) and Section 21 -(WUP #200003.01); also contain this
condition. All of these items have the potential to contribute to
the alleviation of the affected area's water supply problems and
the stressed environmental features associated with withdrawals
from the central water supply system wellfields.-

43. Until additional sources are available to offset 'existing
withdrawals from the central water supply system wellfields and/or
unless groundwater withdrawals from the central water;supply system
wellfields are, reduced, unacceptable environmental' impacts are
expected to continue within the affected area.

)44. The Permittee's current use of water from the central
water supply system wellfields is detrimental to other water users
or to the water resources of the State.

CONCLUSIONS;; OF .LAW

45. "The District is the administrative agency of the State of
Florida, charged with the responsibility to conserve, _totect,
manage, and control water resources within its boundaries pursuant
to Chapter 373, F.S. The Governing Board of the District is duly
authorized by Sections 373.171, 373.175 and 373.246(2), Florida
Statutes (F.S.), and Chapter 40D-21,, Florida Administrative Code,
to issue Orders.declaring the existence of a water shortage within
all or part of the District where insufficient surface or ground
water is available to meet, the needs of the users or when
conditions are such as to require temporary reduction in total use
within the area in order to protect the water resources from
serious harm.

46. The Governing Board is further authorized by Sections
373.171, 373.175 and 373.246, F.S., and Sections 40D-2.381 and 40D-


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IL. ..li. I


2.511, F.A.C. and Chapter 40D-21 F.A.C. in accordance with a
declared water shortage to impose such restrictions and require
such measures as may be necessary to reduce demand on available
water supplies, including but not limited to apportioning,
rotating, limiting, or prohibiting the use of water resources
within the District in order to meet the present and anticipated
needs of the users within the District.

47. The Governing Board is further authorized pursuant to
Section 373.171(3), F.S., to issue an order to modify existing use
.or disposition of water in the District when such use or
disposition is detrimental to other water users or to the water
resources of the State.

48., The Governing Board may enforce the Orders lawfully
adopted by the Board by administrative action, suit for injunction,
criminal proceedings, or other appropriate action as authorized by
Chapter 373, F.S.

49. The appropriate county and city officials and all law
enforcement authorities shall enforce the Orders lawfully adopted
by the Governing Board when requested pursuant to-Section 373.609
S F.S. and by adoption and enforcement of local government ordinances
for such purposes.

ORDER

THEREFORE, based upon the foregoing Findings of Fact and
Conclusions of Law, it is hereby Ordered:

50. All permit holders within the area shown on (Exhibit 3)
continue to be subject to, at a minimum, the water shortage
restrictions implemented by Board Order 92-12, as modified.

51. Nothing contained in this Order shall be construed to
modify the terms or conditions of-any Central Water Supply System
Wellfield Water Use Permit, nor shall this Order be construed to
limit the District 's authority to enforce, revoke, modify or
reissue any Central Water Supply System Wellfield Water Use Permit
or any other permit issued by the District. Nothing in this Order
shall preclude separate action on Cross Bar Ranch Wellfield or any
other wellfield where conditions require additional measures to


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address the water shortage conditions or unacceptable adverse
environmental impacts.

52. No action taken by Permittee pursuant to this Order shall
constitute an admission by Permittee that the withdrawal of
groundwater from the Central Water Supply Wellfields is a
significant contributing cause of the low surface water and wetland
water levels in the affected area, or that Permittee's current use
of. water from the Central Water Supply System Wellfields is
detrimental to other water users or the water resources of the
State or that until additional sources are available -to offset
Permittee's existing withdrawals from the Central Water Supply
System Wellfields and/or unless Permittee"s withdrawal of
groundwater from the Central Water Supply System Wellfields is
reduced, unacceptable .environmental impacts are expected to
continue.

53. All permits within the area shown on Exhibit 3, will be
reviewed upon renewal for compliance with the high efficiency
criteria set forth in the Chapter 40D-2, F.A.C., Basis of Review
for Water Use Permitting, Section 7.3 Northern Tampa Bay Water Use
Caution Area.

54. This Order is not intended to enlarge or diminish the
rights and obligations of the Authority and any one or more of its
member governments under private contract or contracts currently in
force and effect as between the parties themselves.

The Permittee agrees to implement the following activities in
order to carry out the intent of this Order:

55. Wellfields Environmental Impacta Relief

A. Public Health and Safety Emergency

In order to .define the, Permittee 's Public Health and
Safety Requirements, within sixty (60) days of the effective
date of-this Order, the Permittee shall submit documentation
to the District describing system operating requirements,
including but not limited to system operating pressures and
information concerning capital improvement projects.


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B. Remediation Plan

1. The District contends and the Permittee denies
that withdrawals from the Central Water Supply System
Wellfields -have caused unacceptable environmental
impacts. The Authority shall complete and submit for the
Permittee a-plan currently being developed to alleviate
these impacts. The plan shall be fully implemented in a
phased manner by March 1, 2004, so that all unacceptable
environmental impacts associated with wellfield
withdrawals will be reduced to acceptable levels as
defined in Chapter 40D-2, F.A.C. This plan shall be
incorporated in 'the Authority's Resource Development
Plan.

2. The Authority's Resource Development Plan shall
be submitted to the District by August 31, 1994, as
previously agreed upon by the-Authority and the District.

3. The Authority's Resource Development Plan shall
address a combination of the following concepts in order
to reduce environmental impacts t6 acceptable levels:

a. Increase interconnections within the
Authority;

b. Provide additional supply from non-
stressed sources to the central water supply system
for the purpose of offsetting adverse environmental
impacts;

c. Develop rehydration of stressed
wellfields;

d. Increase rotational flexibility;

e. Allow "resting" of stressed wellfields;

f. Investigate and implement alternative
sources, including but not limited to
desalinization;


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g. Reduction of existing groundwater
withdrawals;

h, A fiscal plan is required in addition to
the combination of (a) through (g) above.

C. Rotation Plan and Strategy.

1. The Authority. contends it already has an
environmentally based- rotation plan for the Authority
System. The Authority shall reduce thisplan to writing
and implement it initially for the Central Water Supply
System Welifields, and thereafter as part of the Resource
Development Plan for all water sources.in the Authority
System. This plan shall specify the criteria to be
utilized to trigger rotation among the water supply
sources. In the interim, until the long term solutions
.are implemented, the primary purpose of .this rotation
plan and strategy is to equalize environmental stresses
among sources. The primary purpose in the long term is
to allow maximum flexibility- to rest ;stressed sources
while producing from unstressed or less stressed sources.

2. This plan shall be submitted within sixty (60)
days of the effective date of this Order, to the
Executive Director. The Plan shall be updated as new
sources come on line. This plan shall be incorporated as
an integral part of the Authority's Resource Development
Plan.

56. Water Shortage Enforcement

A. The Governing Board of the Southwest Florida Water
Management District hereby requests pursuant to Section
373.609, F.S. that the appropriate county and city commission,
state and county attorney, sheriff, police officer and any
other appropriate local government official assist in the
implementation of an effective plan to enforce water shortage
restrictions in effect.

B. The City of St. Petersburg, Pinellas County and
Hillsborough County already have developed individual water
shortage enforcement plans to enforce Board Order 92-12, as


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modified. Coordinated water shot-age enforcement plans shall
be developed by these entities. These Plans shall be
submitted to the Executive Director within sixty (60) days
after the effective date of this Order. These Plans shall
include at a minimum:

1. Schedules for patrolling each sector of the
appropriate jurisdictional area;

2. A description of the system of enforcement,
including the process for issuing warnings and citations
and penalty amounts.

C. Follow-up reports will- be submitted to the
District's Water Shortage Coordinator by their 10th day of the
following month. The report will include, but not be limited
to, the number of issued citations and warnings, and the
number of staff hours dedicated to water shortage enforcement
by week.

57. Augmentation for Fish and Wildlife Habitat Maintenance

A. The Permittee desires to augment certain lakes
within the area depicted on Exhibit 3- In order for the
District to determine whidh lakeswithin the area depicted on
Exhibit 3 should be augmented, the Authority (for Permittee)
will submit to the District, within thirty (30) days of the
effective date of this Order, a report identifying:

1. Lakes with adopted water levels: Lakes in which
actual water levels are below the Extreme Low Management
Level ("ELML");

2. Lakes without adopted water levels: Stressed
lakes as determined by the Permittee, after a site visit,
utilizing criteria -relied upon by the District to
establish an ELML, including physical and vegetational
indicators, such as tree buttresses, docks and homes; and

3. Lakes with or without adopted water levels:
Lakes where it is determined by the Permittee that the
integrity of the lake and its associated habitat for fish
and wildlife are threatened.


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4. For; ,purposes -I Paragraph 55, their term, "lake,"
) .means a natural body:of fresh water with 0-.5 acre or more
of open water under normal climatic conditions.

5. In preparing the report prepared pursuant to
Paragraph A above, the Permittee shall identify which
lakes are proposed to be augmented and shall indicate a
priority sequence for commencement of augmentation;

B. If Permittee demonstrates to the satisfaction of the
District, that pumping by Permittee's wells is not a
significant contributing cause of the adverse conditions found
in any lakes identified pursuant to this Order, the District
may take such actionn as appropriate-to limit or eliminate the
requirements of this Order for,augmentation.

C. Application for Permit

Upon review of the report identified in Paragraph A
above, the District will designate the lakes within the area
depicted on Exhibit 3 which are tq be augmented pursuant to
this Order. The District may designate any lake identified in
) the Report or any other lake within the area depicted on
Exhibit 3 which the District determines falls within the
criteria for augmentation set forth herein. Such designation
shall be furnished in writing to the Authority. Within thirty
(30) days of receipt of this designation, .the, Authority for
Permittee shall apply for a Special General Water Use Permit
as set forth in Paragraph F. below.

D. Implementation

1. It is the intent of this Order that all
augmentation required .pursuant to this Order shall be
commenced as set forth heroin within thirty' (30) days of
Authority's receipt of the Special General Water Use
Permit, or within.,thirty (.3.0) days of the District's
entry of a final order disposing of any petition for
formal administrative hearing challenging the issuance of
the Special General WaterUse Permit, unless otherwise
specified in any such Permit.


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2. Any augmentation of lakes by the Authority for
) Permittee shall be performed in the following manner:

a. Permittee shall propose an augmentation
schedule designed to simulate normal seasonal water
level fluctuations in the lake on a case-by-case
basis;"

b. Where possible, lake augmentation water
shall be discharged to the lake through connected
upgradient wetlands;

c. Augmentation must occur in such a way so
as not to create any adverse wetland impacts; and

d. Where technically, environmentally,
economically and legally feasible, lake aug-
mentation should be accomplished utilizing non-
groundwater sources, such as stormwater and
reclaimed water. If non-groundwater sources are
utilized, public health risk must,be considered.

) E. Baseline Information

1. Prior to augmentation, the Authority for
Permittee shall document and report baseline ecologic and
hydrologic conditions for each lake to be augmented. The
documentation and analysis shall be summarized and
'categorized by lake and shall include all raw data. The
report shall be provided to the District prior to
commencing augmentation.

2. Documentation shall include:

a. Collection and analysis of a
representative water sample from each lake
(Parameters to be analyzed include pH, hardness,
color, turbidity, calcium and magnesium);

b. The presence and identification of
submerged aquatic weeds;


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c. High quality phqoggraphic record of each
lake including physical features (such as homes and
Stocks and other structures) as well as biological
features such as tree buttresses and other
indicators;

d. A reading of the current water level on
District staff gauge relative to NGVD;

e. Collection and analysis of a water
S: quality sample of te' augmentation well by the
parameters listed above.

3. Unless otherwise provided in the Special
General Water Use Permit, resampling of the lakes shall
occur on a quarterly basis for the first three years of
the initial Special General Water Use Permit and
thereafter semi-annually at the same location as the
original samples with results reported to the Director of
the appropriate permitting department. All water quality
sampling and analysis results shall, be provided to the
District within thiity (30) days of sampling events. All
documentation shall be dated.

F. All flows for augmentation shall be metered.

G. Augmentation Permitting

For the implementation of augmentation undertaken
pursuant to this Order, a 'Special General Water Use
Permit with no ee "is hereby created. The criteria for
issuance of the Special General Water Use Permit are the
same as those applicable tp qay other water use permit.
All augmentation undertaken' pursuant to this Order
requires a Special General Water Use Permit. The
Permittee shall apply for Special General Water Use
Permit prior to augmentation of the designated lakes.

1. Content of application shall include:

a. name and location, of lake to be
augmented;


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b. requested annual average and peak month
augmentation quantities and associated
calculations;

c. pump capacity;

d.- location of withdrawal point;

e. well specifications, including outside
diameter of casing, casing depth, total well depth;

f. documentation, such as written consent of
the landowner, which establishes Permittee's right
to access property and construct augmentation well;

g. assurances that the discharge structure
associated with augmentation will not create any
environmental problems;

h. an evaluation of withdrawal impacts; and

i. an assessment of the potential for
discharging lake augmentation water through
connected upgradient wetlands.

2. Minimum casing depth for augmentation well
shall be 200 feet below land surface.

3. Conditions for issuance of these Special
General Water Use Permits are set forth in Rule 40D-
2.301, F.A.C. Limiting conditions may be attached to the
Special General Water Use Permit in the same manner as
limiting conditions are attached to other water use
permits.

4. Quantities for augmentation which come from an
existing wellfield, shall be within the total quantity
permitted for the wellfield.

H. Within one hundred and eighty (180) days of the
effective date of this Order, the District shall commence
rulemaking to develop a rule governing the issuance of Special
General Water Use Permits for the augmentation of lakes. Once


9412.519


Page 17






0 0

the District establishes rules for a Special General Water Use
Permit for the augmentation of lakes, all augmentation
undertaken pursuant to this Order, shall be governed by the
new rules.

I. Permittee shall investigate lake level complaints
involving the area as described in Exhibit 3 and shall submit
a determination of the condition of any such lakes within the
area depicted on Exhibit 3 in which lake levels fall within
the criteria as set forth herein.

J. Permittee is not required to follow the procedures
set forth in Paragraph 57 in order to continue augmenting
those lakes that were augmented prior to the effective date of
this Order or those lakes for which Permittee obtained a water
use permit and/or well construction permit to begin
augmentation prior to the effective date of this Order.

K. Permittee may augment lakes other than those
designated by the District pursuant to Paragraph C above or
specified in Paragraph J, above. Permittee shall apply for a
Special General Water Use Permit as set forth in Paragraph G.
above, prior to augmenting said lakes. Upon receipt of the
Special General Water Use permit, the Permittee shall commence
augmentation of said lakes pursuant to Paragraphs D., E., and
F., unless otherwise specified in the permit.

58. Conservation Measures

A. Conservation measures within those areas served by
the central water supply system wellfields help alleviate
environmental and supply problems. The Authority for the
Permittee shall prepare and .submit a report describing the
plans adopted by the City of St. Petersburg, Pinellas County
and Hillsborough County, which detail existing and proposed
conservation measures. These plans shall be incorporated in
the Authority's Resource Development Plan, which is to be
submitted to the District by August. 31, 1994. Each year,
thereafter, follow-up reports describing the Permittee's
progress during the preceding calendar year towards
implementing conservation measures shall be submitted to the
Executive Director by February I.


9412.519


cl iin~.ul~---;;iWrlc-X1I-


Page 18








B. The plan shall address, at a minimum, the following
indoor and outdoor water conservation elements:

1. Practices which the supply system, can undertake
to increase the efficiency of their maintenance and
operation;
2. Annual leak detection and repair of
distribution system;

3. Meter testing and replacement strategy;

4. Adoption of water conserving landscape codes;

5. Adoption of plumbing codes which incorporates
the new National Plumbing Code requirements;

6. Rebate and plumbing retrofit programs;

7. Adoption of a seasonal (dry months) rate
structure;

8. Automatic rain shut-off sensors;
) "
9. Water impact fees;

10. Methods to increase landscape irrigation
efficiency (i.e. through codes or other mechanisms);

11. An educational initiative to raise public
awareness in the ways individuals, businesses, agencies
and others can reduce stress on the water supply system;

12. Maximize beneficial use of reclaimed water;

13. Water use information on bills to inform
utility customer of typical water use within the same
connection type; and

14. Rate structure surcharges targeted at the high
end user of.each class of use.


9412.519


Page 19






0 0


59. Public Awareness Program.

A. The Permittee shall enhance current public awareness
programs by informing wholesale and retail water users of the
significant water problems associated with water withdrawals
from a stressed regional system. The Authority shall
coordinate on the Permittee's behalf after communicating with
the District's Director of Public Communications Department,
a Plan detailing the message vehicles (including all media
sources) and thew target audiencess. This Plan shall be
submitted within thirty (30) days of the effective date of
this Order. Where applicable, the Permittee shall coordinate
with the Green Industry and other appropriate groups to inform
water users of alternative methods tb water more wisely.

B. The messages shall include at a minimum, an
explanation of the cause and effect relationship between
groundwater withdrawals, and the associated environmental
impacts. Another element shall be appropriate horticultural
techniques such as changing season water requirements,
mulching and maintenance practices, and micro-irrigation
technology.

60. If any event occurs which causes delay or the reasonable
likelihood of delay, including the acquisition of permits, in the
achievement of the requirements of this Order, the Permittee shall
have the burden of proving the delay was or. will be caused by
circumstances beyond its reasonable control and could not have been
or cannot be overcome by due diligence. Upon occurrence of the
event, the Permittee shall notify the District orally and shall,
within seven (7) days, notify the District 'in writing of the
anticipated length and cause of delay, the measures taken or to be
taken to prevent or minimize the del&ayand time table by which the
Permittee intends to implement these measures. If the District
concurs- that the delay or anticipated delay has been or will be
caused by circumstances beyond the Permittee's reasonable control,
the time for performance hereunder shall be extended for a period
equal to the delay resulting from such circumstances or such other
. time as maybe deemed reasonable by the District. Such decision
shall be confirmed by letter from the District accepting, or if
necessary, modifying the extension requests. The Permittee shall
take all reasonable measures necessary to avoid or minimize delay.
Failure of the Permittee to comply with the notice requirements of


9412.519


:***~(--~l-~-~--r~u~-r~------sr~xr.


Page 20







:his section shall =cnsti:ute a waiver f: its rig.h to request an
extension of :he requirements of :his -rder.

61. Permittee may file a petition for formal. or inform-al
administrative hearing pursuant to Section 120.57, Florida Statutes
and Chapters' 28-5 and 40D-1 contesting the District's designation
of lakes to be augmented or that pumping by Permittee's Central
Water Supply System Wellfields is a significant contributing cause
of the adverse conditions found in any lakes identified to be
augmented pursuant to this Order. The petition must conform to the
requirements of Rule 28-5.201, F.A.C., and must be received by the
District within fourteen (14) days after receipt of notice from the
District of the designation of lakes to be augmented pursuant to
this Order. 'Failure to file a petition within this time period
shall constitute a waiver of the right to request an administrative
proceeding pursuant to Section 120.57, Florida Statutes, bythe
Permittee. The time period specified in Paragraph 22.C for
applying for a Special General Water Use Permit shall be tolled
upon the Permittee's timely filing of a petition, and shall resume
upon entry of a final order on the petition. In the event this
administrative proceeding results in a final order or settlement
deleting one or more lakes designated by the District to be
augmented, the Permittee shall be relieved of its obligation under
) this Order to augment said lakes. This agency action shall be
incorporated by reference in this Order and made a part thereof.
All other aspects of this Order shall remain in full force and
effect at all times.

62. The Governing Board shall conduct a public hearing to
consider District staff reports and other testimony, including
public comments relating to hydrologic conditions and water use
restrictions within the area affected at the next Governing Board
Meeting following the effective date of this amended Order.

63. This Order shall supersede and replace the Order and
restrictions imposed by the Governing Board on March 1, 1994 and
shall become effective May 30, 1994 and shall remain in full force
and effect for three (3) years. The Order may be rescinded by the
Governing Board but under no circumstances shall the termination
date be extended without the Permittee's consent.


9412.519


Page 21




IL r~X". .- 1-1~


e 0

DONE AND ORDERED in Hernando County, Florida, on this 3L
) day of 1&K 1994.

SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT


BY: C 2
SCharles A. Black, Chair



Sally mops e ry
Filed this *' "day of S -'
'/a' ,a 1994.


Agency Clerk A


9412 ..519


Page 22













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Exhibit 1

northwestt Hillsborough Lakes Regior


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Welifield


1 Cross Bar
2 Cypres Crek
3 South Paco
4 Eldrldge-WHld.
5 Coasm-Odeasa
6 Section 21
7 NW HIllborough
Regional


0


WUP No.


204290.02
203650.03
203647.01
202673.02
200004.01
200003.01
206676.01


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Exhibit 2: Central

Water Supply System


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Exhibit 3


Area of Greatest Impacts


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SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT


IN RE:

DECLARATION OF WATER SHORTAGE ORDER SWF 94-12



ORDER IMPLEMENTING WATER SHORTAGE PERMIT CONDITIONS
FOR PERMITS COMPRISING THE CENTRAL WATER SUPPLY SYSTEM

The Governing Board of the Southwest Florida Water Management District (District), during
a specially convened meeting on February 18, 1994, at 4500 West Cypress Street, Tampa,
Florida, which was continued to March 1, 1994 at 1:00 p.m. at District Headquarters, in
Brooksville, Florida, received comments and testimony from representatives of: the West Coast
RegioWtal Water Supply Authority, (Authority), the City of St. Petersburg, Hillsborough County,
Green Industries, members of the public and staff regarding the implementation of proposed
limitations to be placed on permits held by the Authority and/or its member governments pursuant
to Chapter 373, F.S., Chapters 40D-2 and 40D-21, F.A.C. Based upon such comments and
testimony, the Governing Board makes the following Findings of Fact and Conclusions of Law.


FINDINGS OF FACT

1. The District is the administrative agency of the State of Florida, charged with the
responsibility to conserve, protect, manage, and control water resources within its boundaries
pursuant to Chapter 373, F.S.

2. Within the affected area (Exhibit 1) many surface waters and wetland water levels are
low.

3. Within the affected area, rainfall has been approximately 87% of normal from 1989 to
1993, and annual precipitation estimated from period of record data from 1915 to present shows
no significant rainfall trends.

4. Within the affected area, pumpage is a significant cause of lowered ground-water and
surface water levels.

5. Of the total estimated ground-water pumpage in 1990 within the affected area
approximately 76% of this pumpage was for public supply purposes. The West Coast Regional
Water Supply Authority and/or its member governments controls the majority of public supply
pumpage In this area.

6. A significant portion of public supply withdrawals are exported and do not recharge the
area from which the withdrawals occur.


Page 1






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7. Eleven major wellfields, owned or managed by the West Coast Regional Water Supply
Authority and/or its member governments are located within the affected area. Seven of these [
wellfields are part of the central water supply system (Exhibit 2). For the purposes of this Order,
the Permittee(s) shall mean the West Coast Regional Water Supply Authority, the City of St.
Petersburg, Hillsborough County, and Pinellas County.

8. Seven active wellfields of the central water supply system are permitted for a total
average annual quantity of 144.9 mgd. In calendar year 1993, these wellfields were reported to
have pumped 120.2 mgd, which is 24.7 mgd (or 17%) less than permitted.

9. The District recognized that adverse environmental impacts were occurring in northwest
Hillsborough County, and responded by establishing an Area of Special Concern in 1986.

10., In 1987, as a result of adverse environmental impacts occurring inthe central ground-
water basin, the Northern Tampa Bay Water Resource Assessment Project (WRAP) was initiated.
The study area completely encompasses the central water supply system.

11.. Wellfield withdrawals have had greater than anticipated environmental impacts.
Wellfield pumpage is a major contributor to adverse environmental impacts within the central
water supply system area,

12. The Northern Tampa Bay Water Use Caution Ara was established by Order in 1989
and adopted by rule in 1991, to develop and implement solutions to lowered lake levels, impacted
wetlands and saltwater intrusion.

13. Continuing deterioration of environmental conditions within portions of the southern C
ten counties of the District, which includes the central water supply system area, resulted in the
implementation of Governing Board Order 92-12, as amended by Board Orders 92-21 and,
92-60, requiring reduced water use in the affected area.

14. The water shortage restrictirons. required in Governing, Board Order 92-12, as
amended by Board Orders 92-21 and 92-60, have not been adequately enforced by the local
law enforcement authorities within the affected area. The lack of local law enforcement effort, and
that of their designees, has reduced the effectiveness of water savings under the restrictions.

15. Two District enforcement sweeps within the affected area, indicated widespread
violations to Board Order 92-12, as amended by Board Orders 92-21 and 92-60. In December,
1993, a one and one-half day patrol in northern Pinellas County by four District staff witnessed
over 600 violations. A January 28, 1994, sweep by four District patrols witnessed, over 300
violations in Pinellas County and more than 200 violations in northwestern Hillsborough County.
Both sweeps factored out locations with treated wastewater or other District exemptions.

16. During theDecember 1993, Governing Board meeting, Board Order SWF 93-105 was
executed in response to deteriorating environmental conditiorfs as aggravated by a decreased
rainfall and the demand within the portions of northern six counties of the District.

17. Of the public supply pumpage, between 30% and 50/%of residential water use is
estimated to be used outdoors. Outdoor water uses are not required for public health and safety.

Page 2


I




,.ai 1 ,


According to the Permittees, domestic water use within the Central Water Supply System area
totals 50 mgd on an annual average basis.

18. Water shortage restrictions which limit lawn and landscape irrigation to two days per
week, when effectively enforced, can result in an 8-12% overall system water use demand
reduction. This is the equivalent to a 10-12 mgd reduction in water use in the affected area.

19. Neither water shortage restrictions resulting from effective enforcement, nor a
complete ban on outdoor water use, would be adequate to halt environmental impacts occurring
within the affected region.

20. The District monitors over 60 Floridan aquifer wells within the area influenced by the
central water supply system. Five of these wells have a significant period of record averaging 30
years. A majority of those wells with apparent trends have been trending downward for the past
five years.

21. Some of the most extreme lake impacts are located in the lake region of northwest
Hillsborough County and the Cross Bar Wellfield (Permit #204290.02).

22. The lower than normal ground-water levels have contributed to environmentally
unacceptable surface water levels within the vicinity of the lake region of northwest Hillsborough
County and Cross Bar Weilfields.

23. Cross Bar Wellfield has received 91% of historical average rainfall from 1989 to 1993,
and has averaged approximately 27 mgd since 1990.

24. West Coast Regional Water Supply Authority's calibrated model, submitted in 1986
and agreed to by the District during permitting in determining potential impacts of withdrawals
from the Cross Bar Wellfield, did not accurately predict the impact of the permitted quantities on
the surrounding water resources. Data analysis indicates the Floridan aquifer ground-water
impacts in that area were approximately five times greater than anticipated as projected by the
calibrated model.

25. District analysis of water level data near Cross Bar Wellfield separates and quantifies
the effects due to rainfall and withdrawals.

26. The Floridan aquifer is poorly confined beneath the Cross Bar Wellfield, where
pumpage is dewatering the water table, lakes, ponds, and wetlands of the area.

27. From 1960 to 1989, pumpage at Cross Bar Wellfield averaged 15.2 mgd.
Environmental impacts observed at that time were less significant than those observed today.
Since 1989, pumpage has averaged close to the permitted 30 mgd.

28. The surficial aquifer monitor wells are at record lows at Cross Bar Wellfield. At least
one surficial aquifer monitor well has been completely dry within the past year.

29. Monitor wells, influenced by Cross Bar Wellfield pumpage, are experiencing greater
than anticipated drawdowns. The Masaryktown Deep well, near Cross Bar, is 13.08 feet below


Page 3






e 0

historical mean for January,, and is currently at an all-time record low. WRW Deep is 16.68 feet
below the historical mean for January.

30. Lowered water levels in the surficial aquifer have resulted in reduced hydroperiod and
lowered water levels within a minimum of 2,000 acres of surface waters and wetlands in the
Cross Bar Welfield area.

31. A minimum of 138 domestic wells within a 4 mile radius of Cross Bar Wellfield have
been impacted to the extent which required mitigation within the last three years as a result of
wellfield impacts.

32. There are lakes located in Pasco County in the vicinity of Cross Bar Wellfield with
adopted levels that are identified as stressed. Many other lakes without adopted lake levels are
either stressed dr dry. Among the dry lakes in Pasco County are Lake Pasco, Big Fish Lake and
Loyce Lake.

33. Jumping Gully, a tributary of LakeLoyce and Crews Lake has not flowed since 1987.

34. Rainfall stations located in the vicinity of the lakes region of northwest Hillsborough
County, received 94% of historical average over the last five years.

35. For the period 1987 through 1992, pumpage at Cosme-Odessa Wellfield
(Permit #200004.01) was reported to have averaged 8.4 mgd but has the permitted capacity at
12 mgd.

36. A minimum of 30 lakes with adopted lake levels within northwest Hillsborough County
are currently stressed lakes. Of the 30, at least 18 are below their adopted Extreme Low
Management Leve4(ELML).

37. The West Coast Regional Water Supply Authority's Regional Water Supply Needs and
Sources Update Study, completed in 1986, identified the need fri 16 mgd average annual quantity
to be supplied by 1995 to the central water supply system through additional sources in the
Cypress Bridge Wellfield area. To date, only 8 mgd of the 16 mgd has been permitted, the
Permittee has never applied for the remaining 8 mgd.

38. Cypress Bridge Wellfield is a West Coast wellfield currently permitted as a peaking
facility, to allow wellfield rotation to relieve stress from the other wellfields in times of high
demand. This wellfield was permitted for 8 mgd annual average quantity in 1990, and was
anticipated to be connected to the central water supply system by as early as 1990. Currently
this wellfleld is not connected to the central water supply system and is only pumping
approximately 1 mgd fbr local uses. This wellfield is hot expected to be connected for at least
two years and therefore will provide no relief to the system during that time. Even when
connected, Cypress Bridge Wellfield will provide only limited relief to the Central System area.

39. The West Coast Regional Water Supply Authority's 1986 Regional Needs and Sources
Plan identified wellfield rotation as an essential management practice which can be used in a
regional water supply system to reduce adverse ecological and hydrological impacts. Effective


Page 4


i1r,1"f n 71 imriti)witllliMHI>Blr*4lllllM^ -








wellfield rotation would allow concurrent satisfaction of water supply needs during drought or
emergency conditions, and minimize stress at sensitive withdrawal sites.
Lack of sufficient peaking facilities connected to the central water supply system prohibits the
Authority from utilizing wellfield rotation in such manner that will give priority to reducing adverse
environmental effects of excessive or improper withdrawals of water from concentrated areas.

40. The West Coast Regional Water Supply Authority's Emergency Operations and
Management Plan, dated December 12, 1990, was envisioned to be utilized in the event of
catastrophic failure or other emergencies which might limit production from any of the regional
facilities. In that plan, the Authority identified the need to investigate interconnections between
member governments (e.g. Tampa and Hillsborough County) to maximize the use of existing
facilities. To date these interconnections have not been undertaken, nor are any such
interconnections under construction.

41. Since September 1993, the District has been a co-chair with the Permittee on the
Resource Advisory Committee (RAC). The RAC was created to develop the Authority's Resource
Development Plan, which is a plan to determine the needs and sources for thetri-County area.
Possible initiatives include: increased interconnection of the regional water supply facilities,
rehydration of environmentally stressed wellfield areas, alternative sources, conservation, public
awareness, lake and wetland augmentation, and beneficial reuse.

42, The District directed the Authorityas early as 1982, through a condition of Water Use
Permit# 203647.01, South Pasco Wellfield, to "actively cooperate with othergovernmental entities
in developing an overall plan for future water supply sources and distribution for Hillsborough,
Pinellas, and Pasco Counties". This permit condition plan included "proposed schedules and
priorities for designing, testing, financing and constructing withdrawal facilities, treatment facilities,
transmission lines, and system interconnections", as well as consideration of reuse options.
Specific items required to be addressed in the plan, but which have not yet been implemented
include:

a. Interconnection between Cypress Creek Wellfield and Morris Bridge Wellfield.
b. Interconnection between Starkey Wellfield and the existing 84" pipeline from Cypress
Creek Wellfield.
c. Reuse of treated discharge from the City-of Tampa's Hooker's Point Treatment Plant.
d. Installing supply wells along existing and proposed water pipelines.
e. Establishing uniform water pressure and quality standards for interconnected systems.

Two additional wellfield permits, Cosme-Odessa (WUP #200004.01) and Section 21 (WUP
#200003.01), also contain this condition. All of these items have the potential to contribute to the
alleviation of the region's water supply problems and the stressed environmental features
associated with wellfield withdrawals.

43. Until additional sources are available to offset existing withdrawals and/or unless
ground-water withdrawals are reduced, unacceptable environmental impacts are expected to
continue.

44. The Permittee's current use of water within the central water supply system is
detrimental to other water users or to the water resources of the State.


Page 5






0 0o

CONCLUSIONS OF LAW
f
45. The Governing Board of the District is duly authorized by Sections 373.171; 373.175
and 373.246(2), Florida Statutes (F.S.), arid Chapter 400-21, Florida Administrative Code, to
issue Orders declaring'the existence of a water shortage within all orlart of t#e District Where
insufficient surface or ground water is available to meet the needs of the users or when conditions
are such as to require temporary reduction in total use within the area in order to protect the
water resources from serious hatn.

46. The Governing Board is further authorized by Sections 373.171,373.175and 373.246,
F.S.; and Sections 40D-2.381 and 401-2.5TT, F.A.C. and Chapter400-21 F.A.C. in accordance
with a declared water shortage to impose such restrictions and require such ntmasures as may
be necessary to reduce demand on available water supplies, including but not limited to
apportioning, rotating, limiting, or prohibiting the use of water resources within the District in order
to meet the present and anticipated needs of the users within the District.

47. The Governing Board is further authorized pursuant to Section 373.171(3), F.S., to
issue an orde to modify existing use or disposition of wator in the District when such use or
disposition is detrimental to other water users or to the water resources of the State.

48. The Governing Board may enforce the Orders lawfully adopted by the Board by
administrative action, suit for injunction, criminal proceedings, or other appropriate action as
authorized by Chapter 373, F.S.

49. The appropriate county and city officials and all law enforcement authorities shall
enforce the Orders lawfully adopted by the Governing Board when requested pursuant to C
s. 373.609 F.S..Iarriby adoption and enforcement of local government ordinances for such
purposes.


ORDER


THEREFORE, based upon the foregoing Findings of Fact and Conclusions of Law, it is
hereby Ordered:

50. All permittees within the area shown on (Exhibit 3) continue to be subject to, at a
minimum, the water shortage restrictions implemented by Board Order 92-12, as modified.

51. All permittees within the area shown on Exhibit 3, will be reviewed upon renewal
for compliance with the high efficiency criteria set forth in the Chapter 40D-2, F.A.C., Basis of
Review for Water Use Permitting, Section 7.3 Northern Tampa Bay Water Use Caution Area.

The following addilonal water shortage restrictions shall be applied to all the permits listed on
(Exhibit 2), except as specified below, and shall be implemented as follows:


Page 6


*:n- ~-fllil'te irt"tllNi(t "M~.ii^ *- -1- r-r-n-








52. Welfields Environmental Impacts Relief .


A. Public Health and Safety Emergency
Within 30 days of the effective date of this Order, the Permittee shall submit documentation for
District approval describing the minimum operating pressures throughout their systems that
would avoid a public health and safety emergency. The Permittee shall include in this
documentation a description of the Permittee's public works program to improve pressures
within the system without increasing pumpage.

In the event that the Permittee demonstrates to the District that there exists a public health or
safety emergency, the District will allow selected permit limitations to be temporarily waived
until the emergency has passed. The Permittee should anticipate such emergencies and
consult with the District in advance of an emergency where possible.

B. Remediation Plan

1. The District has determined that wellfield withdrawals have caused
unacceptable environmental impacts. The Permittee shall develop a plan to alleviatethese
impacts. The plan shall be designed to be implemented in a phased manner so that by
March 1, 2004, all unacceptable environmental impacts associated.with wellfield withdrawals
will be reduced to acceptable levels as defined in Ch. 400-2, F.A.C.

2. A conceptual plan shall be developed and submitted.to the District
Governing Board for approval within 60 days of the effective date of this Order. A final plan
shall be submitted within 120 days of the effective date of this Order for District Governing
Board approval. The economic concerns of the Permittee will be taken into consideration by
the Governing Board in the review of the Plan. The Permittee shall implement the approved
final plan. Should the Permittee propose to modify the plan, including the time periods
established therein, the Permittee shall seek and obtain Governing Board approval prior to
implementing such changes.

3. The plan shall include a combination of the following concepts in order to
reduce environmental impacts to acceptable levels:
a. Increase interconnections within the Authority;
b. Provide additional supply to the central water supply system for the
purpose of offsetting adverse environmental impacts;
c. Develop rehydration of stressed wellfields;
d. Increase rotational flexibility;
e. Allow "resting" of stressed wellfields;
f. Investigate and implement alternative sources;
g. reduction of pumpage quantities; or
h. a fiscal plan is required in addition to the combination of (a) through
(g) above.
4. The following is an example of a conceptualplan containing measures to
implement the required concepts. This is for illustration purposes only. The Permittee is to
develop its plan including (a) through (g) above.
a. Reduce Cross Bar Wellfield to 15 mgd annual average.


Page 7




- ~---~---~-,.-, -"-----~ -~ ----~- ~ ~-*~ --


0 o

b. Cypress Bridge Wellfield to Cypress Creek Wellfield interconnect,
which could be completed by March 1, 1995. This interconnect could result in an addition of f
approximately 7 mgd to the central water supply system, allowing greater rotational flexibility.
This quantity would provide a partial offset for the 15 mgd reduction at Cross Bar Wellfield.
c. Tampa's Reservoir to Hillsborough County interconnect, which could
be completed in two years. This could allow for approximately 8 mgd of water that is currently
supplied to northwest Hillsborough county to be delivered to Pinellas County and St.
Petersburg. This additional quantity could be used to reduce CosmeiOdessa Welifield to 2.4
mgd and to further reduce Cross Bar Wellfield to 13 mgd.
d. Section 21 Wellfield rehydration with storm water within one year and
reclaimed water within 2 years, which could allow maintenance of permitted quantities.
e. Rehydration of Morris Bridge Wellfleld with Hillsborough River water
and interconnection of Morris Bridge and Cypress Bridge Welifields within 2 years. This could
allow full use of the permitted quantity of Morris Bridge, providing approximately 10 mgd of
additional quantity to the central water supply system. This additional 10 mgd could be used
to reduce Cypress Creek Wellfield to 24 mgd and reduce Eldridge-Wilde Wellfield to 31 mgd.
f. Tampa/Hillsborough/Central Water Supply System interconnect, which
could be completed within three years. Maximization of Tampa's reservoir during the wet-
season could allow up to 100 mgd to be- supplied to Tampa and the central water supply
system, so that stressed wellfields could be "rested". The reservoir may also be able to
supply a sustained quantity of up to 12 mgd which would allow for increasedrotational
flexibility within the central water supply system. Of the additional 12 mgd gained, 5 mgd could
be used to further reducethe Cross Bar Welfield to 8 mgd, and 7 mgd could be used to
reduce Cypress Creek Wellfleld to 17 mgd.-
g. Augmentation of Tampa's Reservoir with Hooker's Point reclaimed
water within years. With additional treatment capability, this could provide an additional 20 G
mgd to the central water supply system, of which 7 mgd could be used to supply increased
demand. "The remaining 13 mgd could be used to reduce South Pasco Wellfield to 10 mgd
and reduce EldridgeWiWde to 21 mgd.
h. Develop and implement wellfield rehydration programs where feasible
to reduce environmental impacts to acceptable levels while maintaining or increasing their
yields.
i. Future demands would be met through sources that do not cause
unacceptable environmental impacts. Desalination, aquifer storage-recovery, and other
alternative sources shall be investigated and implemented where feasible.

C. Rotation Plan and Strategy

1. The Permittee, and in addition, the City of Tampa, City of New Port Richey and
Pasco County whom are the remaining members ofthe Authority, shall develop and implement
an environmentally based rotation plan for all water sources in the West Coast Regional Water
Supply Authority System. This plan shall specify the criteria to be utilized to trigger rotation
among the water supply sources. The primary purpose is to allow maximum flexibility to rest
stressed sources while producing from unstressed or less stressed sources, regardless of
ownership.

2. The initial plan shall be submitted within 60 days of the effective date of this Order,
for approval by the Deputy Executive Director for Regulation. Following District approval, the

Page 8




4I .1 ,


Permittee shall immediately implement the plan. The Plan shall be updated as new sources
come on line. This plan shall be incorporated as an integral part of the Authority's Resource
Development Plan.

D. New Ground Water Sources

When developing new ground water sources, the Permittee shall include an evaluation
of rehydration and any other mechanisms such as low-yield, widely dispersed wells to allow
resource development and greater environmental protection.

53. WaterShortage Enforcement

A. The Governing Board of the Southwest Florida Water Management District hereby
requests pursuant to s. 373.609, F.S. that the appropriate county and city commission, state
and county attorney, sheriff, police officer and any other appropriate local government official
assist in the implementation of an effective plan to enforce water shortage restrictions in effect.
Pursuant to s. 373.609; F.S., it shall be the dtity of every state and county attorney, sheriff,
police officer, and other appropriate city and county official to enforce the provisions of water
shortage restrictions in effect in their appropriate jurisdictions.

B. One integrated Implementation Plan shall be developed by the appropriate local
member governments (which includes the full jurisdictions of the City of St. Petersburg,
Pinellas County, and Hillsborough County) to enforce Board Order 92-12, as modified. This
Plan shall be submitted to the Deputy Executive Director of Regulation for approval within 30
days after theVwffective date of this Order. The economic concerns of the appropriate local
governments will be taken into consideration in review of the Plan. It shall include at a
minimum:

1. schedules for patrolling each quadrant of the appropriate jurisdictional area
at least twice per month and in all time frames (including weekdays, week nights, and
weekends.)
2. follow-up reports will be submitted to the District's Water Shortage
Coordinator by the t0th day of the following month. The report will include, but not be limited
to, the number of staff hours dedicated to water shortage enforcement by week.

3. A uniform system of processing violations which shall include, at minimum:
a. prohibition of verbal warnings,
b. a maximum of one written warming,
c. tracking system for warnings issued,
d. a designated department to process citations; and
e. penalties with increases for repeat violations.

54. AUGMENTATION FOR FISH AND WILDLIFE HABITAT MAINTENANCE

A. Within 30 days of the effective date of this Order, the Permittee shall submit to the
District for its approval, a Report containing information described in Paragraphs B.2., B.3.,
and D.


Page 9






O e

B. Identification

The Permittee shall identify all highly impacted lakes within the area of greatest
impacts. (Exhibit 3) Identification shall be periodically updated by the Permittee. Lakes shall
be identified as highly impacted as follows:

1. lakes with adopted water levels, where actual water levels are greater than
or equal to 1 foot below the ELML;

2. lakes without adopted water levels, a Permittee site visit shall be conducted
to determine whether such lakes have been highly impacted. Physical and vegetational
indicators (including tree buttresses, docks and homes) shall be included in the Permittees
evaluation;
3. lakes where it is determined that the long-term integrity of the lake and its
associated habitat for fish and wildlife is threatened.

Pursuant to Section 7.3(4), Ch. 400-2, Bass of Review, augmentation required by this Order
is permittable provided that the benefits are found to outweigh any adverse impacts to
ground-water and surface water resources. The District reserves the right to make the final
determination that a lake is highly impacted and whether augmentation should occur even if
the lake is highly impacted.

C. Implementation

The Permittee shall augment identified highly impacted lakes within the affected area
Augmentation shall be performed in the following manner:

1. Lakes with adopted management levels, the Permittee shall augment lakes
that are 1-foot or more below the ELML. These lakes shal be augmented up to the ELML
and continue to be augmented to that level-whenever the water level drops to 1 foot below the
ELML.

2. Lakes without adopted management levels, and for lakes where it is
determined that the long-term integrity of the lake and its associated habitat for fish and
wildlife is threatened, the Permittee shall propose an augmentation level commensurate with
the ELML.

3. Where possible, lake augmentation water shall be'discharged through
connected upgradient wetlands.

4. Augmentation must occur in such a way so as not to create any wetland
impacts.

5. Where possible, lake augmentation should Be accomplished utilizing non-
ground-water sources, such as storm water.




Page 10 C


_rrJI~____Y__YI_ltPLIIIIITXII(


I








D. Baseline Information


1. Prior to augmentation, the Permittee shall document and report baseline
ecologic and hydrologic conditions for each identified lake. The documentation and analysis
shall be summarized and categorized by lake and shall include all raw data. The report shall
be provided to the District prior to commencing augmentation.

2. Documentation shall include:
a. Collection and analysis of a representative water sample from each
lake (Parameters to be analyzed include pH, hardness, color, turbidity, calcium and
magnesium);
b. The presence and identification of submerged aquatic weeds;
c. High quality photographic record of each lake including physical
features (such as homes and docks and other structures) as well as biological features such
as tree buttresses and other indicators;
d. A reading of the current water level on District staff gauge relative to
NGVD;
e. Collection and analysis of a water quality sample of the augmentation
well by the parameters listed above.

3. Resampling of the lakes shall occur on a quarterly basis from the same
location as the original samples with results reported to the Director of the appropriate
permitting department All water quality sampling and analysis results shall be provided to the
District within 30 days of sampling events. All documentation shall be dated.

E. All flows for augmentation shall be metered.

F. Augmentation Permitting
For the implementation of augmentation required pursuant to this Order, a Special
General Water Use Permit with no fee is hereby created. The permit duration is for one year,
renewable upon District review and approval. All augmentation required by this Order
requires this Water Use Permit.

1. The Permittee shall apply for this permit prior to augmentation of the
identified lakes. For the lakes identified in (Exhibit 4), applications shall be submitted to the
District within 30 days from the effective date of this Order. In the future, for newly-identified
highly impacted lakes, the Permittee shall apply for an augmentation permit within 10 days of
such identification.

2. Content of application shall include:
a. name and location of lake to be augmented;
b. requested annual average and peak month augmentation quantities
and associated calculations;
c. pump capacity;
d. location of withdrawal point;
e. well specifications, including outside diameter of casing, casing
depth, total well depth;


Page 11






0 0

f. documentation, such as written consent of the landowner, which
establishes Permittee's right to access property and construct augmentation well; and (
g. assurances that the discharge structure associated with
augmentation will not create any environmental problems;
h. An evaluation of withdrawal impacts.
i. An assessment of the potential for discharging lake augmentation
water through connected upgradient wetlands.

3. Minimum casingidepth for augmentation well shall be 200 feet below land
surface.

4. Conditions for issuance of these Special General Water Use Permits shall
be those conditions set forth in Rule 40D-2.301, F.A.C. Additional limiting conditions will be
attached.

5. Quantities for augmentation which come from an existing wellfield permits,
shall be within the total quantity permitted for the wellfield.

G. Investigation of Lake Level Complaints
The Permittee shall investigate lake level complaints involving lakes within the area as
described in (Exhibit 3).

H. Time Schedule
Proposed augmentation shaltbegin ortall highly impacted lakes, identified in ,
(Exhibit 4), no later than 90 days following the effective date of this Order. In the future, within (
60 days of designation as an impacted lake, augmentation shall begin. Any lake for which the
Permittee is not able to meet this criteria must receive a written extension from the appropriate
District Regulation Director to remain in compliance.

I. This action is required as an interim measure to mitigate the impacts of withdrawals
as described by this Order. Augmentation requited by this Order will cease when the District
determines that the actions approved under the Remediation Plan have been implemented
and are considered successful by the District's Deputy Executive Director of Regulation. The
District's Deputy Executive Director of Regulation shall notify the Permittee of the successful
completion of this Remedlation Plan in writing.

J. The criteria to be used in therenewal or modification of a wellfield permit inthe
Central Water Supply System shall be the lake level as of the date of this Order.

55. Conservation Measures

Additional conservation measures within the communities of the central water supply
system will help alleviate the environmental and supply problems of the sources. An initial
plan with implementation time frames shall be submitted by April 11994 to address, at
minimum, the following conservation measures Each year, thereafter, follow up reports with
updated priorities for the preceding calendar year shall be submitted to the Deputy Executive
Director of Regulation by February 1 of the following year. In order to accomplish this,
increased conservation, the following measures are required:


Page 12




.A1 I 1 .


A. Water conserving rate structures have been shown to be the most effective
tool to accomplish this goal. The Permittee shall develop and implement a rate structure
surcharge targeted at the high end user of each class of use which results in significant
reduction of water use. Once the rate structures have been implemented as follows, a report
is required on an annual basis providing details on and comparison of use before and after
the implementation of the required measures.

B. The plan shall address, at minimum, the following indoor and outdoor water
conservation elements:
.1. Practices which the supply system can undertake to increase the
efficiency of their maintenance and operation;
2. Annual leak detection and repair of distribution system;
3. Meter testing and replacement strategy;
4. Adoption of water conserving landscape codes;
5. Adoption of plumbing codes which incorporates the new National
Plumbing Code requirements;
6. Rebate and plumbing retrofit programs;
7. Adoption of a seasonal (dry months) rate structure;
8. Automatic rain shut-off sensors;
9. Water impact fees;
10. Methods to increase landscape irrigation efficiency (i.e. through
codes or other mechanisms);
11. An educational initiative to raise public awareness in the ways
individuals, businesses, agencies and others can reduce stress on the water supply system;
12. Maximize beneficial use of reclaimed water; and
13. Water use information on bills to inform utility customer of typical
water use within the same connection type.

Additional monies generated by surcharges and impact fees could be used to fund other
conservation initiatives and alternative sources.

56. Public Awareness Program.

A. The Permittee shall inform wholesale and retail water users of the significant water
problems associated with water withdrawals from a stressed regional system. The Permittee
shall develop, in coordination with the District's Director of Public Communications, a Plan
detailing the message vehicles (including all media sources) and the target audiencess. This
Plan shall be submitted within thirty days of the effective date of this Order. Where
applicable, the permitted shall coordinate with the Green Industry and other appropriate
groups to inform water users of alternative methods to water more wisely.

B. The messages shall include at a minimum, an explanation of the cause and effect
relationship between public supply welffield withdrawals, and the associated environmental
impacts. Another element shall be appropriate horticultural techniques such changing season
water requirements, mulching and maintenance practices, and micro-irrigation technology.

57. All other permit conditions shall remain in full force and effect except as
specified herein.


Page 13






0 0

58. The Governing Board shall conduct a public hearing to consider District staff
reports and other testimony, including public comments relating to'hydrologic conditions and (
water use restrictions within the area affected at the meeting beginning at 10:00 a.m. on
March 29, 1994.

59. This order and the specific restrictions imposed hereby shall become effective at
12:01 a.m. on Monday, March 7, 1994 and shall remain in full force and effect until modified or
rescinded by the Governing Board or the executive Director or until otherwise set aside.

DONE AND ORDERED in Hernando County, Florida, on this 4 1k day of March,
1994.

SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT


BY:-C ^ a -
Charles A. Black, Chair


'Attest: l __
Sally Thompson, Secretary

athge 1 day


Agency Clerk




















Page 14 C


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13 Permitted Welfleld
- WUCA Boundary
- Affected Area
.. County


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-uo uca


Exhibit 1

Affected Area


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scale in mules




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Exhibit 2: Central

Water Supply System


Wellfield WUP No.
Central Water Supply System
1 Cross Bar 204290.02
2 Cypress Creek 203650.03
3 South Pasco 203647.01
4 Eldridge-Wide 202673.02
5 Cosme-Odessa 200004.01
6 Section 21 200003.01
7 NW HilIsborough 206676.01
Regional
Other Authority/Member Weliflelds
8 Starkey 20444603
9 North Pasco 2010051.00
10 Cypress Bridge 206426.03
11 Morris Bridge 202062.02





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a ....... ... .. W
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fi- ....... ........




Sr=



so&e in miles

maix


Exhibit 3
Area of Greatest Impacts






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ZEXIBZT 4
HIGHLY IMPACTID ULAXS AS DZPIN D
iN
GOVERNING BOARD ORDER SWr 94-


LAM NANM


CRYSTAL
HORSI
JnAltITA
UXTTLX

STARVAZTCO
STRAJBSWRRY

UNNAMED *22 (L4TCS)
RALEIGH




.C


Exhibit 4


i~~ LLLartraiiruier~--mnu:UiU~


- -









SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT


IN RE:

DECLARATION OF WATER SHORTAGE R SWF S84-13



ORDER IMPLEMENTING WATER SHORTAGE PERMIT CONDITIONS
FOR COSME-ODESSA WELLFIELD

The Governing Board of the Southwest Florida Water Management District (District), during a
specially convened meeting on February 18, 1994, at 4500 West Cypress Street, Tampa, Florida.
which was continued to March 1, 1994 at I100 p.m. at District Headquarters, in Brooksville,
Florida, received comments and testimony from rpresentaties of: the West Coast Regional
Water Supply Authority, (Authority), the City of St. Petersburg Hillsborough County, Green
Industries, members of the public and staff regarding the implementation of proposed liitations
to be placed on permits held by the Authority and/or its member governments pursuant to Chapter
373, F.S., Chapters 40D-2 and 40D-21, FA.C. Based upon such comments and testimony, the
Governing Board makes the following Findings of Fact and Conclusions of Law.

FINDINGS OF FACT

1. The District is the administrative agency of the State of Florida, charged with the
responsibility to conserve, protect, manage, and control water resources within its boundaries
pursuant to Chapter 373, F.S.

2. Surface water and wetlands in the Northwest Hillsborough County lakes region are
currently highly impacted by the Cosme-Odessa wellfleld and other area wellfields under historic
pumpage.

3. In the Northwest Hillsborough County Lake Region (Exhibit 1), many surface and
wetland water levels have historically been low due to pumpage.

4. Pumpage is a significant cause of lowered ground-water and surface water levels.

5. The Cosme-Odessa wellfeld is part of the central water supply systems illustrated
in Exhibit 2.

6. The West Coast Regional Water Supply Authority and the City of St. Petersburg
are co-permittees on the Cosme-Odessa Wellfleld permit. For the purposes of this Order the
co-permittees will be identified as permitted.

7. Withdrawals from Cosme-Odessa wellfield are exported and do not recharge the
area from which the withdrawals occur.


Page 1


~






O 0


8. The District recognized that adverse environmental impacts were occurring in
northwest Hillsborough County, and responded by establishing an Area of Special Concern in
1986.

9. In 1987, as a result of adverse environmental impacts occurring in the central
ground-water basin, the Northern Tampa Bay Water Resource Assessment Project (WRAP).was
initiated. The study area completely encompasses the central water supply system.

10. Cosme-Odessa wellfield pumpage is a major contributor to adverse environmental
impacts within the Northwest Hillsborougf Cotinty Lake Region area.

11. The Northern Tampa Bay Water Use Caution Area was established by Order in
1989 and adopted by rule irr 1991, to develop and implement solutions to lowered lake levels,
impacted wetlands and saltwater intrusion.

12. Continuing deterioration of environmental conditions within portions of the southern
ten counties of the.District, which includes the Northwest Hillsborough County Lakes RegionR
resulted in the implementation of Governing Board Order 92-12, as amended by Board Orders
92-21 and 92-60, requiring reduced water use in the affected area. .

13. At least eight Floridan aquifer monitor wells within the Cosme-Odessa wellield
area are displaying apparent downward trends over the period of record for these wells.

14. The lower than normal ground-water levels have contributed to environmentally
unacceptable surface water levels within the vicinity northwest Hillsborough County.

15. Rainfall stations located in the vicinity of the lakes region of northwest Hilsborough
County, received 94% of historical average over the last five years.

16. For the. period 1987 through 1992, pumpage at Cosme-Odessa Wellfield
(Permit #200004.01) was reported to have averaged 8.4 mgd but has the permitted capacity of
12 mgd. Beginning in early 1993, the Cosme-Odessa Welfield was required by the District to
pump no more than 5 mgd monthly average due to inaccurate meters.

17. A minimum of 30 lakes with adopted lake levels within northwest Hillborough
County are currently stressed lakes. Of the 30, at least 18 are below their adopted Extreme Low
Management L~vel (ELML).

18. The Permittee's current use of water within the affected area is detrimental to other
water users or to the water resources of the State.

CONCLUSIONS OF LAW
19. The Governing Board of the District is duly authored by Sections-373.171,
373.175 and 373.246(2), Florida Statutes (F.S.), and Chapter 40D-21, Florida Administrative
Code, to issue Orders declaring the existence of a water shortage within all or part of the District
where insufficient surface or ground water is available to meet the needs of the users or when

Page 2 -


'*m~ull~-rrr*rua~lr;-^-.~


e








conditions are such as to require temporary reduction in total use within the area in order to
protect the water resources from serious harm.

20. The Governing Board is further authorized by Sections 373.171, 373.175 and
373.246, Florida Statutes (F.S.), and Setions 400-2.381 and 400-2.511, F.A.C. and Chapter
400-21 F.A.C. in accordance with a declared water shortage to impose such restrictions and
require such measures as may be necessary to reduce demand on available water supplies,
including but not Iimited to apportioning, rotating, limiting, or prohibiting the use of water resources
within the District in order to meet the present and anticipated needs of the users within the
District

21. The Governing Board is further authorized pursuant to Section 373.171(3), F.S.,
to issue an order to modify existing use or disposition of water in the District when such use or
disposition is detrimental to other water users or to the water resources of the State.

22. The Governing Board may enforce the Orders lawfully adopted by the Board by
administrative action, suit for injunction, criminal proceedings, or other appropriate action as
authorized by Chapter 373, F.S.

23. The appropriate county and city officials and all law enforcement authorities shall
enforce the Orders lawfully adopted by the Governing Board when requested pursuant to s.
373.609 F.S.. and by adoption and enforcement of local government ordinances for such
purposes.

ORDER


THEREFORE, based upon the foregoing Findings of Fact and Conclusions of Law, it is
hereby Ordered:

The following condition shall be applied to Water Use Permit #200004, Cosme-Odessa
Wellfield:

24. Cosme-Odessa Wellfield shall not exceed its historical reported average from
1987 to 1992 of 8.4 mgd annual average.

25. All other permit conditions shall remain in full force and effect.

26. The Governing Board shall conduct a public hearing to consider District staff
reports and other testimony, including public comments relating to hydrologic conditions and
water use restrictions within the area affected at the meeting beginning at 10:00 a.m. on
March 29,1994.

27. This order and the specific restrictions imposed hereby shall become effective
at 12:01 a.m. on Monday, March 7, 1994 and shall remain in full force and effect until modified
or rescinded by the Governing Board or the Executive Director or until otherwise set aside.


Page 3


1 ~r






0 0

DONE AND ORDERED in Hernando County, Florda, on this I&A day of March,
1994. --

SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT


Charles A. Bai k Chair




Filed this day

Agency lerk






CPage 4


















Page 4


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Exhibit 1


Northwest Hillsborough Lakes Region


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MHUMIUMr


o A1 in m ,a
sa/e in mile


3






6


Wellfield
centralwater S
1 CrossBar
2 Cypress Creek
3 South Pasco
4 Eldridge-Wild
5 Come-Odessa
6 Section 21
7 NW Hlksborough
Regional

SOther AuthorltyMel
8 Starkey
9 North Pasco
10 Cypress Bridge
11 Morris Bridge


204290.o


203647.01
20267.02
20000401
200606.0
20667.01


2044403
2010051.00
20842603
202062.02
-0'
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":'.-''.': .. _- O ; '- -. ;.~ ff^ e .:
";.-:^ -. '.\:.* ::-^ *; \i^ B *'
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Exhibit 2: Central

Water Suppy System


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