Title: Application for Renewal of Order Authorizing Water Use Nov. 1997
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/WL00004007/00001
 Material Information
Title: Application for Renewal of Order Authorizing Water Use Nov. 1997
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Application for Renewal of Order Authorizing Water Use Nov. 1997 (JDV Box 108)
General Note: Box 16, Folder 11 ( SWFWMD Permits and Final Order - 1997-1998 ), Item 1
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004007
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
'11


ATTORNEY WORK PRODUCT 11/21/97

BEFORE THE GOVERNING BOARD OF THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

IN RE:

APPLICATION FOR RENEWAL
WUP NO. 204290.03
CROSS BAR RANCH WELLFIELD -
A PUBLIC WATER SUPPLY


ORDER AUTHORIZING WATER USE
(Proposed Agency Action)

THIS CAUSE came before the Governing Board of the Southwest Florida Water

Management District (District) on 1998, on an application for the renewal of

Water Use Permit No. 204290.02 filed by the co-permittees and applicants, West Coast Regional

Water Supply Authority and Pinellas County, Florida, pursuant to Rule 40D-2.361, Florida

Administrative Code (F.A.C.).

Background

1. The West Coast Regional Water Supply Authority (the "Authority") and one of its member

governments, Pinellas County, Florida (the "County"), are co-permittees under Water Use Permit

No. 204290.02 authorizing groundwater withdrawal at Cross Bar Ranch Wellfield in Pasco County,

Florida ("Cross Bar").

2. Cross Bar has been in operation since 1980, and is owned by the County and managed by

the Authority. The initial permit for Cross Bar was issued on October 3, 1978, for 15 million gallons

a day, annual average ("mgd") for a term of years. The permit was modified on

1980, increasing the permitted quantity to 30 mgd. The permit was renewed on

August 30, 1989, for 30 mgd for a 6 year term. On the co-permittees filed

a renewal application for 30 mgd, for a 20 year term.


DRAFT JAR C:\OPEN\CROSSBAR\RENEWAL8.ORD












Second Renewal Review

3. Subsequent to the filing of the second renewal application, the Authority voted to reduce

the quantity applied for from 30 mgd to 23.5 mgd. The County did not join in such action. Absent

the County's joinder as co-applicant, the quantity applied for remains at 30 mgd. The current rate

of pumping at Cross Bar is approximately 23.5 mgd, and has been at that rate or lower since

approximately January of 1996.

4. As stated in the proposed agency action attached hereto as Exhibit "A" and incorporated

herein by reference, the applicants do not meet the conditions for issuance of a water use permit

for either 23.5 or 30 mgd because reasonable assurances have not been provided that the

proposed water use: 1) will not cause quantity or quality changes which adversely impact the water

resources, including both surface and ground waters; 2) will not cause adverse environmental

impacts to wetlands, lakes, streams, estuaries, fish and wildlife, or other natural resources; 3) will

not cause water levels or rates of flow to deviate from the ranges set forth in Chapter 40D-8; 4) will

not adversely impact offsite land uses existing at the time of the application; 5) will utilize the lowest

water quality the Applicant has the ability to use; 6) will incorporate reuse measures to the greatest

extent practicable; 7) will incorporate water conservation measures; and 8) will not otherwise be

harmful to the water resources within the District. See Rule 40D-2.301(1)(b), (c), (d), (e), (h), (k),

(I) and (n), F.A.C.; see also Section 373.223(1)(a) and (c), F.S.

Basis for Authorization of Water Use

5. Section 373.171, F.S. provides in pertinent part that,

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


DRAFT JAR C:\OPEN\CROSSBAR\RENEWAL8.ORD 2












(a) Establish rules, regulations, or orders affecting the use of water, as
conditions warrant...
(c) Make other rules, regulations, and orders necessary for the preservation
of the interests of the public and of affected water users.

6. Despite the applicants' failure to meet permitting requirements as set forth above, it is

necessary for the Governing Board to protect the public health, safety, and welfare and the

interests of the water users affected by authorizing continued ground water withdrawal at Cross Bar

in accordance with the proposed agency action attached as Exhibit "A". See Section 373.171(1),

F.S.

7. The terms of the attached proposed agency action are intended to reduce adverse impacts

consistent with protecting the public health, safety and welfare and the interests of the water users

affected.

8. It is the Governing Board's intent that withdrawals from Cross Bar be reduced in order to

reduce, eliminate or avoid adverse environmental impacts; that such reduction in withdrawals result

in an equal reduction in quantities permitted in the future for Cross Bar regardless of increased

demand; and that reasonable present and future demand be satisfied solely from environmentally

sustainable sources of supply. Thus, the attached proposed agency action requires the applicants

to maximize the utilization of reuse and conservation measures, and develop alternative sources

of water supply in order to substantially reduce withdrawals.

9. It is the Governing Board's further intent to synchronize the review of applications for

renewal of the Water Use Permits for the Cross Bar, Cosme-Odessa, Eldridge-Wilde, Section 21,

South Pasco, Cypress Creek, Starkey, North Pasco, Cypress Bridge, and Morris Bridge Wellfields

and for the Tampa Bypass Canal and Hillsborough River Reservoir. The last of these permits

expires on January 17, 2001 (the permit for Morris Bridge Wellfield). Synchronized review will


DRAFT JAR C:\OPEN\CROSSBAR\RENEWAL8.ORD












facilitate the District's ongoing regulation of these wellfields and facilities. Thus, the expiration date

of the attached proposed agency is January 17, 2001.

IT IS THEREFORE:

ORDERED that the Authority and the County are hereby authorized to withdraw ground

water in accordance with the terms and conditions of the proposed agency action attached hereto

as Exhibit "A."

DONE AND ORDERED by the Governing Board of the Southwest Florida Water

Management District in Brooksville, Hernando County, Florida, this day of

,1998.



By:
Roy G. Harrell, Jr., Chairman


Attest:
Curtis L. Law, Secretary

(Seal)

Filed this day of

,1998.




Agency Clerk

Copies furnished to:

NOTICE OF RIGHTS

[INSERT NOTICE OF 120 RIGHTS]


DRAFT JAR C:\OPEN\CROSSBAR\RENEWAL8.ORD




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

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