Title: Letter Re: Request for Peer Review of Minimum Flows and Levels
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Permanent Link: http://ufdc.ufl.edu/WL00004031/00001
 Material Information
Title: Letter Re: Request for Peer Review of Minimum Flows and Levels
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Letter Re: Request for Peer Review of Minimum Flows and Levels (JDV Box 108)
General Note: Box 16, Folder 12 ( SWFWMS And Tampa Bay - 1997 ), Item 18
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004031
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

09/26/97 08:11


VIA FAX AND COURIER


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eard of
Directora
Ed Turanchik
DavidJ. Fischr
Steven M. Seibert
R. Acchael Saknon
Ed Collins
Frank Parker

General
Manige:
Jerry L. Maxvwe



onald 0. Conn


2535 Landmark Orve
Suite 211
Clearwater. FL 3361
Phone 813-796-2355
axs s3-55-7,79


September 17, 1997


E. D. "Sonny" Vergara, Executive Director
Southwest Florida Water Management District
2379 Broad Street
Brooksville, FL 34609-6899

Re: Request for Peer Review of Minimum Flows and Levels


Dear Mr. Vergara:

On behalf of the West Coast Regional Water Supply Authority, I formally request that
the Southwest Florida Water Management District grant this request for Peer Review of
the Minimum Flows and Levels that are proposed to be established by the District in
accordance with Section 373.042(1), Florida Statutes. This request is submitted pursuant
to Section 373.042(4), Florida Statutes (1996 Supp.), and specifically includes our
request for independent scientific Peer Review of the methodologies, assumptions, and
scientific or technical data used by the District in proposing to establish these Minimum
Flows and Levels, as set forth and referred to in proposed revisions to Chapters 40D-2,
40D-4, and 40D-8, Florida Administrative Code, as well as Section 4.3 of the Water Use
Permitting Basis of Review and Section 3.2.2.4 of the Basis of Review for Environmental
Resource Permits, to be published in the Florida Administrative Weekly on September
19, 1997.

The West Coast Regional Water Supply Authority is an interlocal governmental agency
created under Sections 163.01 and 373.1962, Florida Statutes, and is a permitted for
public supply wellfields that will be substantially affected by the establishment of the
District's Minimum Flows and Levels, including Cross Bar Ranch, Cypress Creek,
Cypress Bridge, North Pasco, Starkey, Section 21, Cosme-Odessa, and the Northwest
Hillsborough Regional Wellfield. As such, the Authority will be substantially affected by
the implementation of Minimum Flows and Levels as proposed by the District because
said levels would substantially affect the Authority's ability to meet its statutory and
contractual obligations to its Member Governments, including the Counties of Pasco,
Hillsborough, and Pinellas, and the Cities of St. Petersburg, Tampa, and New Port
Richey, either through existing public supply facilities or through the development,
financing, construction, and operation of new public supply facilities.


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E.D. "Sonny" Vergara, Executive Director
SWFWMD
'P September 17, 1997
Page 2

ThI thaityinWcter
I request that the District provide me with a copy of any policies or procedures that have
been adopted interpreting or clarifying the process by which the Peer Review Panel will
be selected, how and when the Peer Review Panel meetings will be scheduled, the
process by which the Peer Review Panel will conduct its business, and the time frames
within which the Peer Review Process will operate. If the District has not adopted any
such policies or procedures, I request that a meeting be scheduled as soon as possible so
that we can arrive at a mutually acceptable understanding of the process by which
independent scientific Peer Review will occur.

Additionally, the Authority will be requesting that the District convene a public hearing
in accordance with Section 120.54(3)(c), Florida Statutes (1996 Supp.), concerning the
proposed Minimum Flows and Levels, which will be published in the Florida
Administrative Weekly on September 19, 1997, in order to allow the presentation of
evidence and argument on issues relating to these proposed rules. The Authority's formal
request for public hearing will be filed with the District within twenty-one days after the
date of publication of these proposed rules, as provided in Section 120.54(3)(c).

Thank you for your assistance in this matter.

Sincerely,



Donald D. Conn
General Counsel

DDC:rak

Enclosures

cc: Board of Directors, WCRWSA
Jerry L. Maxwell, General Manager
Richard Tschantz, Acting General Counsel, SWFWMD
Ed Helvenston, Interim Assistant Executive Director, SWFWMD


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