MEMBERS OF THE TASK FORCE ON WATER
FROM: REPRESENTATIVE CHARLES R. "CHUCK" SMITH
RE: ISSUES ON WATER TRANSFER AND USE, OR
ALTERNATE SOURCES OF WATER FOR SALE,
SOURCE, OR AS A SUPPLEMENT TO GROUND WATER
For too long Florida's water management policy has either been
one of disposing of excess water or permitting water basically
on the premises that if it was available and no one else was
using it, it was consumptively permitted. Little or no thought
has been given to ground water availability, determining the
amount or quality of water available that does not presently
meet the safe drinking standards that might be made potable with
present technology, more stringent laws. regarding conservation,
the real effects of ground water transfer on local governments,
the effects of water transfer on the growth potential of areas
designated as withdrawal areas, and finally addressing the issue
At the outset, it would appear that a review of Chapter 373, F.S.,
would be in order to determine the legislative intent when this law
was passed. To make my point, I refer specifically to 373,223,F.S.,
Conditions for a Permit. The question seems to be if this was a
statement that the State was agreeing with water transfer as a matter
of law and to give a definition of public interest. To more speci-
fically make the point with present transfers taking place, we should
ask if the total population served becomes the test for public
373.233 (2) Competing Applications. Does this really mean that an
existing permitted use such as agriculture shall take precedence
when a domestic use is requested for the same water?
373.196 (1) It would appear that alternate sources of water were
considered when 373 was passed even though some areas now getting
their supply by transfer object to a restatement of this intent;
case in point, House Bill 206.
373.196 (3) Who has the responsibility for determining adverse
effects on the withdrawal area?
373.1961 (5) Who makes the determination as to the amount needed
to meet these needs and to what extent is the decision based on
373.1962 (5) Who makes the determination as to the amount needed
to meet these needs and to what extent is the decision based on
373.023 (3) What is the reason for having the department or water
management district notified when eminent domain power is to be
used by any state, local government or other entity?
373.0395, last paragraph. To what extent are these limitations to
apply geographically? Is it the intent to apply this principal
state-wide, or should these considerations be on a regional or
These are a few concerns that I believe the Task Force on Water
should discuss to determine what we believe is or was the legislative
intent when Chapter 373 was passed. More importantly, to what extent
have the responsible agencies carried out the intent of the law.
I have included some additional news items and editorials that I
hope only show the complexity of the issues we are charged with
SINCE I CANNOT DEPEND ON THIS NEWSPAPER TO PRINT THE TRUTH
ABOUT ME OR LEGISLATION I HAVE INTRODUCED, I HAVE PURCHASED
THIS AD TO GIVE YOU THE TRUTH IN REBUTTAL OF THE EDITORIAL
THAT APPEARED IN THE APRIL 7 ISSUE OF THE'ST. PETERSBURG
INDEPENDENT, WRITTEN BY MR. MIKE RICHARDSON.
Mr. Richardson, you stated to me over the phone that you had not
read my bills, nor had you ever met me, nor had you ever been to
a Committee Meeting that I chaired. It strikes me that you must
either be psychic or have a source of information that is grossly
guilty of giving you false and inaccurate information.
First, for anyone from Pinellas County to accuse me of being
parochial or shortsighted in his view of this State's Water Policy
is ludicrous. I would remind you that Pinellas is the County
that is dependent on their neighbors for water. I would suggest
that if you really care to find out what the water controversy is
all about that the really parochial ones are first the high paid
attorneys you have lobbying for you and the others are only listen-
ing to the same people who misinformed you.
If your conclusion that I have three terrible bills was drawn from
your analysis printed, that is equally absurd since the bills do
not do what your editorial says they do.
I have not introduced a bill that will prohibit any county or city
from purchasing land for water supply purposes. Surely, you know
that we could not prohibit any local government entity from pur-
chasing land if that is their decision. The bill that you have
reference to only addresses the use of eminent domain (which is the
ability of government to take private property). The bill very
simply says that if eminent domain is used for that purpose, a
consumptive use permit must be obtained from the water management
district before the applicant could go to court for the taking.
That's all it does; that is to reverse the present procedure where
the property could be condemned and then go for a consumptive use
Your editorial states that I introduced a bill that transfers
permitting of water from water management districts to D.E.R.
That provision is presently in Chapter 373, F.S. and is existing
law, Chapter 373,219,F.S. Again, your source of information was bad.
I have not, nor would I introduce a bill on the West Coast Regional
Water Supply Authority. This authority was formed by interlocal
agreement between Hillsborough, Pinellas, and Pasco Counties and I
have no quarrel with that entity.
Your last paragraph is so absurd that no rebuttal is necessary.
If I am to be called undemocratic, and unjust, for allowing
private property owners the opportunity to testify before a
legislative committee, then I plead guilty. The high paid
attorneys and employees have had many opportunities to present
their case, and contrary to your false source of information,
I did not gag them. The time ran out and they were told they
could have time on the next agenda.
All in all, I find you have been guilty of printing an editorial
on hearsay that is false and misleading, and in my opinion, no
responsible newspaper should allow such a thing to happen. After
all, a lot of people believe what they read in the newspaper.
Certainly, they are entitled to have the facts presented fairly,
so that should there be disagreement, at least it would be based
on factual evidence and information.
Don't mess around
ISSUE: Fair state water policy
House Speaker Lee Moffitt has a problem.
One of his committee chairmen, State Rep.
Chuck Smith, D-Brooksville, is out of control
It'sot just Smith's parochialshortaighte
views on waterhPcy. -it's undemocratic,
unjust treatment of ta'paying Flondians in
Smith has three terrible bills, which, without
iron-fisting and hoodwinking, will never see the
light of law.
But last week, his subcommittee took
testimony from proponents of Smith's
legislation for a couple of hours. When
opponents finally had to ask for any time, they
were given one minute!
We doubt any responsible committee
chairman would condone such behavior. It
descends from the Spanish Inquisition. But
Moffitt's appointee did so.
Any examination of Smith's proposals on
their merits will show they attack the very core
of carefully constructed state water laws, which
have been hammered out over nearly a decade of
debate. We doubt Moffitt wants any part of the
measures Smith proposes, which include bills to:
Prohibit any county or city from
purchasing land for water supply purposes
ume their corporateboundaries. t law
allows such purchases, in part, because water is a
state resource. Without this law, for example,
people in Pasco County today would not have
water supply systems which have been
developed by the City of St. Petersburg, Pinellas
County and the West Coast Regional Water
Supply Authority. Pasco has not had the
foresight to develop its own water system
adequately to manage the uncontrolledgrowth it
has experienced- --
S-*Transfer water use permitting power to the
State'Dpartment of Enivironmental ulaion
(DERL. This pove wr-wr-iit-1ifh the Southwest
'-Florida Water Management District, a board
appointed by the governor, and whose expertise
in water regulation is among the best in the
nation. The DER, meanwhile, is understaffed
and without a thorough knowledge of water
Er policy ,
Strip St. Petersburg and Tampa of its
members on the West Coast Reional Water
Supply Authority. This insulting scheme says
ha--t a county ma have only one member on trI
such an authority. That attacks both .i
Hillsborough and Pinellas counties, whc have "
devoted millions of dollars of wellfields and Wo
water supply system resources to making the Fx
supply authority succeed. Having contracted to !- I
make these resources available to the regional "S
authority, Smith would now leave these people
without representation equal to their
""What cioeshie want to do? Start the regional
water wars all over again? .
If state lawmakers want to see one of the
nation's model success stories in water supply
and management blow up in their faces, all they -
need do is give aid and comfort to Smith's
Contrary to his negative, demaggic rhetoric,
this is not a battle'Stween farmhands an ait
slickers. It's between uncontroled growth and
managed growth;it's between rich landowners
and their developer pals and retirees on fixed
incomes in central cities; it's between those who
want to take what is not theirs state water -
and, without pay for it deny it to those who
helped pay fortherstateresources.
A i-Are lawmakers prepared to allow
Pinellas County to charge a toll for persons
crossing the mean high water line on Pinellas
beaches? Are lawmakers ready to reimburse
Tampa and St Petersburg taxpayers for their
contributions to tate universities state
highways, state community college, state
*highway atrol, stateublic educate tat ,
Parks in Pascoan
unW hey are, they had best leave such
negative, parochial notions as Smith's outside
the doors of decent lawmaking.
With The Famous Sunshin Offer
Robert M. Stiff
Cove of South Beaches
Chucks Steaks House
Burnt Store Utilities
Eagle Point Nest MHP
1414 Mobile Home Park
Ocean Side Acres Apt.
Wekiva Falls Park
Greater Pine Island
Gulf Ccast Resort
Imperial Harbor MH Estate
lona Trailer Ranch
Sanibel Island Water Asso
Christian Retreat Camp
Indian River Plantation.
Ocean Reef Club
Shelton Land & Cattle Co.
Pheasant Walk (Palm
Beach County System #6)
Riverside Memorial Chapel
Bay Front MHP
Bay Lakes Estates MHP
Camalot Lakes MHP
City of Venice
Fairwinds Condo. Village
Kings Gate TT Park
Lake Village MHP
Lyons Cove Condominium
Myakka River State Park
Palm & Pines MHP
Beindorf & Asso.
RO-Basic Tech .010
RO-Basic Tech .160
RO-Permutit/Low Press. .500*
RO-Applied Water .037
RO-Basic Tech .020*
RO-Basic Tech .028
RO-Basic Tech .096
RO-Basic Tech .020
RO-Basic Tech .060
RO-Basic Tech .150*
RO-Fluid Systems 1.000
RO-Gulf Roga 1.040
Basic Tech/Permutit 1.080
RO-Basic Tech/Low Press. .001
RO-Basic Tech/Low Press. .100*
RO-Purification Tech .060
RO-Gulf Environmental .006
RO-Basic Tech .001
Sov 'e 4 c b
REVERSE OSMOSIS, DEMINERALIZATION and DESALINIZATION \
PLANTS in FLORIDA
Table 1 Continued
Pelican Cove S/D
Sarasota, City of
Sarasota Bay MHP
Spanish Lakes MHP
Sorrento Shores S/D
Southbay Yacht & Racquet
Workman Electronic Corp.
Bryn Maur Camp Resort
(formerly Ramada Camp Inn)
Fort Pierce Jai Alai
Harbor Br. Foundation
City of Ponce Inlet
Indian Harbor Estates
River Park MH Colony
South Water Front Park
Sugar Mill County Club
P.N. Holly Asso.
* Not yet in service.
DESALINATION SITE COSTS FOR 1 MGD PLANTS AT
(Eau Gallie Deep Well)
Operational maintenance increased by energy cost as follows:
New Cost = .65 old cost (.45) .075.kwlt/.045 kwh old cost = 1A old cost
CTotal capital cost reflects $40,000 bldg, 150,000 wells and 400,00 tank/
dData questionable due to insufficient pumping time
eAmount of flow which has to be treated and blended with raw water to
produce 1 mgd of potable supply with a chloride content of 250 mg/l
Source: Basic Technologies, Inc.
I -tLE H
TOS Conteni of Int.,.. er
2.0 -3. ---- i
January 1972 Prce Levels
AWWA Researcn Foundatlon
3.00 0 5.0 6.0 60 100
Plan Capacity. MGO
Capital Cost of Reverse Osmosis Plant
(Sodium Chloride Water)
July 1976 ENRBCI 12,454.
-- -T. --~- Cc~~~-~. -...
0.2 0.3 0.4 06 0.8 1.0
--ad s -
1426 Riverside Dr.
8 April 83
Eon. C.R. Smith
Room 420 HOB
Dear Mr. Smith:
Thank you for our meeting on 6 April. Your comments in re-
ference to our water problems were most helpful, and I
will follow your advice to contact Mr. Sadowski on the
subject of deep well injection, and a statewide approach
to industrial waste disposal.
Concerning your question about the cost of an Oceola well
field production system Vs a reverse-osmosis production
system, the engineering firm, Post, Buckley etc, which
made the water study for the country, developed the foll-
Total Investment $49 M $36.4 M
$/1000-year 1985 $ .85 $ .73
$/1000-year 2005 $3.14 $3.69
Energy costs were estimated to increase 9%/year.
The St. Johns WMD has laid on the requirement that any re-
commendation to go outside the county for water must be
justified on the basis that no other reasonable source is
available within the county. Of course, costs, are factors
in the scope of "reasonable".
A very important factor in our proposed water authority is
the requirement that the authority consider"all practical
means of obtaining water, including, but not limited to
withdrawals of surface water and ground water, recycling
of waste water, and desalinization". We believe with the
task spelled out, a water authority released from the pol-
itical restraints of a single municipality is the best
moans for solving the serious water quantity and quality
problems for the county and eight municipalities.
Again, thank you for your help. I shall follow the prog-
ress of your bills with great interest, for the work of
the waterr Subcommittee is vital to Florida.
S*,, ..... ..... ... .. .
CO ITS PER 1000 GALLONS
OPERATION & MAINTENANCE
CAPITAL COSTS .$1.2063
MEMBRANE REPLACEMENT .5500
TOTAL COST AT FULL PROD.
PER 100IGALLONS $6.0514
PRESENT TOTAL 1000 GALLONS COST
AT AVERAGE 90% PRODUCTION = j6.ZZ7i
PER 1000 GALLONS
xe*y CP8 ^i?
Wednesday, March 23, 1983 TAMPA TRIBUNE
Lawyer wants area
ground water given
By PATRICE FLINCHBAUGH
Tribune Staff Writer
A St. Petersburg environmental
attorney has petitioned the state to
declare 2,000 square miles of ground
water beneath a five-county region
"first class" and in so doing, keep
further pollution out of the drinking
water of nearly 2 million residents.
If public workshops are granted
by the state's Environmental Regu-
lation Commission on his March 15
petition, attorney Thomas W.
Reese's request would be the first of
its kin the state has considered.
According to a state official, to
get approval, Reese must prove
ground water underlying northwest
KHilsborougn, much of Pinellas,
Pasco, citrus and Hernando counties
is the only "practical and economi-
cally available supply in the area."
If approved, the firstclass desig-
nation would place stringent re-
qirements on new operations In-
dustrial, agricultural or domestic
that want to release potentially dam-
aging wastes to ground water in that
Existing dischargers would not
be affected greatly. Reese says in
The "first class"
requirements on new
to prevent pollution.
"This reclassification is clearly
in the public interest since it will
have minimal impact upon discharg-
ers and will result in the protection
of an- irreplaceable and priceless
potable water resource for the use
(of) almost two million citizens...,"
the petition said.
"The population of the Middle
Gulf area is increasing rapidly and
its need for potable water supplies is
constantly increasing." the petition
The class I category, created by
Florida's 1982 ground water rule, is
the drinking water equivalent of the
outstanding lri-ona water designa-
Tion already available for pristine
rivers and streams. Reese last year
See WATER, Page 2B
j-- ~ ~ .h i-:
;- --- ---Y*+-~-;irE*ilC~i~;r;
'oB THE TAMPA TRIBUNE, Wednesday. March 23, 1983
SFrom Page 1B
successfully petitioned the state to declare the .
title e Manatee River in Hillsborough County an "
t.'!arn.din river. The state is considering a simi- -
:.a p-ti'ion for Crystal River in Citrus County.
In his current petition, Reese has asked the
i..6da Deoartmient of Environ.mental Regula-
,on to consider ground water underlying parts of :.
':e five counies the "only reasonably available :.
source of potable water for the citizens ..." '',
Geologists refer to ground water in that re- .
;ion as the "Middle Gulf Hydrologic System." or
'"Ticle uioi for short The system, like other .*.
j9olund water systems, is composed of thick '.
-15 ers of rocK that store rain water seeping into .
Specifically, Middle Gulf is made up of a shal-
ijw water table, a 90-foot-thick layer which sits 3
:S feet under the soil, and the Floridan aquifer, -
z layer of water-bearing rock which starts 60 feet
.ndtrground and dips to a thickness of 1,000 feet
:. places, according to Reese. t.
Nearly all of Florida's residents and visitors
*se ground water for drinking purposes. In this Salt
art of the state, the Floridan aquifer fulfills Itr ,
: ch of that need.
Ir Hillsborough County's case, the petition
Siid, much of tte water used by residents in the
.-owirg northwest sector comes from wells fed
*: .:!.i- G'!f ground water and frrm ground
L.:. 4.: h:. ag in:o the lHilsboroun- Riv'r -
*';v of Tjmpa's main suppi.. _i J
'.' p:-: .:r.n s.eks to protect an arra in H:l!s- k'. CO
: ,rcogh -we-! of the Hillsborough River to Tanrpa ,
1 sy. and north of Hillsborough Avenue to the
-asco County Line. It would include numerous *
Al;cid. supplying both Hillsborough and Pinel- ,
Tne petition addresses all of Pinellas County ,, *
<;,st of U.S. 19 and north of State Roads 584 and .
S-.0. in Pasco, it pertains to ground water east of
' S. 19. And in Citrus and Hernando, it seeks to
, otect everything east of the coastal areas
.' :re su t water has intruded into drinking water
appr l ieS. "" -
"We wanted public supplies of drinking water
automaticallyy protected, (by the new ground B PINE
t,.;ter rule)," said Reese. "They weren'tL"
Howard Rhodes, a DER deputy director who ..
~..ered the 182 ground water rule through
optionion, said the "G-I" classification can be ap-
:.hed only when ground water is the "only practi-
And, Rhodes said, the special classification
irt be requested through petition.
Rhodes said he did not know how long it
o~id tiaie DEP to process Reese's petition.
i -e it was th,, first one, no procedures have
*:n es*taLlished. But he said his department -
,,'!d study it and make recommendations to the ,c
S'irn rTn ta' pol:rv-mikers on the Environ-
;nt Weit egti'on Commn:sion about whether a
: ;Z7-wET';l hp should be held
Tribune map by JERRY i
~ ~-I I C --- --
6B ST. PETERSBURG TIMES FRIDAY, APRIL 17, 1981
Water supply agency needs revamping
to avert shortage, commissioner says
By WILUAM NOTTINGHAM "We don't have a water shortage. Rainey conceded that he has been
V. ur TIs.e waw .e. we have a distribution problem e around long enough to see county
Pinellas County wi run short of I ri''eon use e gernm confront the amne prob-
,wter by Zlt i aloa, u py wate n o on Fda." lores year after year "the only
tion," County Commissioner Charles the who have served in office with
E Rainv warnawl the Sunc.aat 'Tia e M. It.r" him.h
.11- g-~ v~rr~ I-1UYWL ~V1 YI~
Bay Club Thursday. and attac e problem on a Broader
SThe West Coast Regional Water
( upply Authority, Kainey con-
Tencec .ham spent too much tume ta-
mg control of existim weU fieTdis and
not enough time estabuan. new
The 13-year commissioner and
local Republican Party power also .-
cused the authority of favoingi o
county in efforts to mane the_
Tampa bavy area' on-dwi wi wa-
ter resources. *..
1THE AGENCY .6s practicing
"parochialism." ainey char ed.
when water ewon to everov.
It was a familiar theme for Rain-
ey, who has frequently used his quick
wit and cutting analysis to criticize
the water agency, though he serves
on its governing board.
Water officials have repeatedly
denied that the authority has done
anything but fairly serve the inter-
ests of all area water users.
As Rainey was introduced to the
luncheon audience, one host enthusi-
astically proclaimed the five-time
commission chairman to be "the fore-
most living expert on this county's
THE COUNTY'S latest prob-
lem is money, or the lack of its.Raie.
said. And he predicted that it will
force county and city governments to
move closer together and relinquish
we'ree going to have to go
through the unification of some
services in order to save (money),"
the commissioner said.
For example, he said Pinellas
needs to form a countywide drainage
district, something he has supported
since 1973. And the commission is
still having trouble getting local offi-
cials to support the countywide sys-
tem of emergency medical service
that voters approved lt fll.
2 JANUARY 30. 1983 PA
onini0on PASCO COUNTY
Outside opinion on areas water controversy is helpful
Outside opinion on area's water controversy is helpful
When vou' e in the middle of a controversy, caught
useful to hear the opmson of a dasmterested outsider,
whf s sd .g ni I m t-year term in the gislature.
The 33-year-old businessman was one of the youngest
persins ever elected to the Legislature when he went to
the House for the first time at the age of 25.
AS A FORM ER chairman of the House Commit-
tee on Natural Resources, he has a continuing interest
in water. Because of that, he was in the Tampa Bay area
last week to attend hearings conducted by a House
subcommiittee on water chaired by State Rep. Charles R.
1 wis is familiar with the so-called "water wars" ol
rasco ounY wnin nas vast aunes 01 unoerground
water and P llas county, w doesn'. He
and th problem, but he doe't ve here so he's not
directly affected by it.
WATER IS A natural resource that "knows no
county boundaries," he says, and it should be managed,
by some type of state water board which would over
regional water management districts. He wants to
"protect the integrity" of local government, but believes
that some issues transcend local considerations, and
water is one of them.
Regarding the lingering Pasco-Pinellas dispute.
Lewis recognizes that both counties have "legitimate
concerns." but counties with water must share it with
counties that don't.
wilst snal we'do with Pinellas?" he asked at the
legislative hearing. "It has no fresh water resources of its
own. Doesn't everyone know that by now?"
AFTER LISTENING to Pasco's fears that Pinel-
las pumping may threaten Pasco's future growth, Lewis
asked: "I'd like to help you, but what is better for Pasco?
Should we give Pasco's water to Pinellas and Hillsbor-
ough, but not send any more people to Pasco? Or should
Pasco keep its water and take all the new people? Which
way is better? Which way would Pasco want it?"
Those questions go to the heart of the issue. Growth
and water are inextricably intertwined. That's why the
Legislature musf come to grips with it, and soon. There
is virtually unanimous agreement on that.
"We need to do something," Lewis says. "This con-
stant talking isn't getting us anywhere."
Although Smith disagrees with Lewis on the need for
a state water board, he agrees that it's time to act. "We
have studied this enough," he says. "We need to make
State Rep. Peter DunbarR-(Crstal Beach believe
tharjhe.Legaijlatlre will createsolemtye ufl"broadeg"
water management agency. but that it won't come until
the 1984 session.
DUNBAR IS A former Pasco County attorney
who currently serves on the House Natural Resources
Committee and the House Select Committee on Growth
"Water wars are surfacing in at least half a dozen
areas in Florida," he says. "The state can't afford to let
Dunbar says a state water agency could operate in
place ol regional water dismicts, or in cooperation with
them. Or the state agency itself could deal with water.
problems ona nal basis.
iao County interest are resolutely opposed to any
state water agency.
"We don't need a statewide authority," Central
Pasco rancher-businessman Freeman Polk said recently
at a hearing of the Pasco legislative delegation. "We're
already authority-ed to death."
POLK OWNS A 5,3)0-acre ranch between the
Cross Bar and Cypress Creek well fields, which send
water to Pinellas County. He is convinced that pumping
from these wells has lowered the water table on his
County Commission Chairman Sylvia Young, who
has been dubbed the "water bitch" for her oft-repeated
view that Pinellas is "stealing" Pasco's water, says a
state water board would be a "monster" that would be
dominated by large counties.
Obviously, there's no agreement on what needs to be
done to assure an adequate future supply of water for
everyone. But Rep. Lewis made an observation that few
people probably would dispute. "In these water battles,"
he remarked, "the only ones who benefit are the law-
W "IT '-
eween wo opoigWn ove.a en
I I, O
btl e .) v e e o
Lewis is familiar with the so-called "water witra tit- 1
I a rima ava lr,Ir ea l r ulr r
b t t b f w s
t om ti
Mate lie > John 0 t
t h~i' tntix Upt eDo