Title: Regulations Governing the Consumptive Use of Water
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 Material Information
Title: Regulations Governing the Consumptive Use of Water
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Language: English
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Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Regulations Governing the Consumptive Use of Water (JDV Box 86)
General Note: Box 22, Folder 4 ( Court Cases in The State Of Florida - 1982 ), Item 8
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004482
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.

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5.0 REGULATIONS GOVERNING THE CONSUMPTIVE USE OF WATER

The purpose of this section is to identify the District
regulatory criteria applicable to the proposed water withdraw-
als and to discuss the relationship of the impacts of the pro-
posed withdrawals to those criteria.

The regulatory criteria applicable to the consumptive
use described in this report appear in the Rules of the South-
west Florida Water Management District as Chapter 16J, Florida
Administrative Code.

A discussion of the relationship of the project impact
follows a verbatim quote of the applicable rule.

5.1 CONDITIONS FOR A CONSUMPTIVE USE PERMIT SPECIFIC
REASONS FOR DENIAL (16J-2.11(2), (3), and (4))

Issuance of a permit will be denied if
the withdrawal of water:
(a) Will cause the rate of flow of
a stream or other watercourse
to be lowered below the minimum
rate of flow established by the
Board. (16J-2.11(2) (a))

Minimum rates of flow for streams in the site area have
not yet been established by the Board. Therefore, this para-
graph does not apply to the project.

.Issuance of a permit will be denied if
the withdrawal of water:
(b) Will cause the level of the
potentiometric surface to be
lowered below the regulatory
level established by the Board.
(16J-2.11(2) (b))

Regulatory levels for confined aquifers in the site
area have not yet been established by the Board. Therefore,
this paragraph does not apply to the project.


5-1











Issuance of a permit will be denied if
the withdrawal of water:
(c) Will cause the level of the
surface of water to be lowered
below the minimum level estab-
lished by the Board.
(16J-2.11(2) (c))

Minimum levels for the surface water and the water
table in the site area have not yet been established by the
Board. Therefore, this paragraph does not apply to the pro-
ject.

Issuance of a permit will be denied if
the withdrawal of water:
(d) Will significantly induce salt
water encroachment.
(16J-2.11(2) (d))

The withdrawal of ground water from the Floridan aqui-
fer at the CF Industries Hardee County Phosphate Project will
not significantly induce salt water encroachment. The possi-
bility that pumping at the site will cause lateral movement
of sea water towards the site is extremely remote since the
direction of regional ground water movement at the site is
presently from northeast to southwest and, as explained in
answer to Rule 16J-2.11(4) (b), pumping at the site will have
only minor, localized effects on the regional water movement.

The possibility for significant changes in water qua-
lity as a result of upcoming of highly mineralized water at
the site is also remote. This evaluation is based on several
factors which include:

1) depth to the base of potable water at
the site is about 1500 feet based on
water-quality studies in the DF well;


5-2











2) because of extremely high transmissivity
in the Lower Floridan aquifer, drawdown at
the site will be small, generally less than
5 feet and therefore will not result in a
significant reversal of the vertical hydrau-
lic gradient; and

3) aquifer tests conducted at the site indicate
that the formations underlying the major pro-
ducing zone have significantly lower trans-
missivities than the aquifer itself which
means that the potential for horizontal and
vertical movement is reduced.

A regularly scheduled program of ground water quality
monitoring in each of the aquifers is being implemented. This
program is detailed in Appendix B.

Issuance of a permit will be denied if
the withdrawal of water:
(e) will cause the water table to
be lowered so that the lake
stages or vegetation will be
adversely and significantly
affected on lands other than
those owned, leased, or
otherwise controlled by the
applicant. (16J-2.11(2) (e))
Lowering of the water table offsite is not expected as
a result of implementation of the water use plan except when
mining operations are temporarily being conducted near the site
boundary. As discussed below in conjunction with 16J-2.11(4)
(c), the mining pattern will be designed insofar as is possible
to minimize the length of time over which offsite water table
levels will be affected. Because of the short duration of the
mining periods affecting offsite vegetation and the relatively
small region affected, no significant harm to offsite vegeta-
tion will occur as a result of the project.


5-3











No offsite lakes are located near the/property boundary,
therefore none will be significantly or adversely affected.

Issuance of a permit will be denied if
the amount of water consumptively used
will exceed the water crop of lands
owned, leased or otherwise controlled
by the applicant. (Except where deter-
mined otherwise, the water crop (preci-
pitation less evapotranspiration) through-
out the District will be assumed to be
three hundred sixty-five thousand (365,000)
gallons per year per acre). (16J-2.11 (3))
The total area owned by CF Industries at the Hardee
County site is 19,555 acres. With reference to the above,
this corresponds to a water crop of 19,555,000 gallons per
day. The contiguous acreage owned is about 19,054, which
equals a water crop of 19,054,000 gallons per day. The aver-
age makeup water supply required for operation of the pro-
posed facility will be 15,700,000 gallons per day, which is
well below the allowable water crop.

The withdrawal of water:
(a) from a stream or other watercourse
must not reduce the rate of flow by
more than five percent (5%) at the
time and point of withdrawal.
(16J-2.1(4) (a))

There are no plans to withdraw water directly from sur-
face streams or other watercourses including Payne Creek. Con-
sequently, this paragraph does not apply to the project.

As discussed in Section 4.2.1, impoundments will be con-
structed to retain runoff from which water will be drawn to pro-
vide part of the plant makeup requirement.


5-4












The withdrawal of water:
(b) must not cause the level of the poten-
tiometric surface under lands not owned
leased or otherwise controlled by the
applicant to be lowered more than five
(5) feet. (16J-2.11(4) (b))

An evaluation of the data collected during a number of
aquifer tests at the CF Industries' site in Hardee County in-
jicates that the maximum ground water withdrawals of 14,030
-pm planned for the operation will not cause the level of the
Hotentiometric surface in the Lower Floridan aquifer to be
lowered more than five (5) feet at any property boundary.

The maximum amount (14,030 gpm) will be required at
-imes when little or no surface water is available. This
supply will be obtained from a total of four deep wells (wells
B, B, C, and D; Figures 5-1 and 5-2). Three of the wells A,
5, and C will be located adjacent to the proposed plant site
locationn in the north and provide a maximum of 5000, 2500 and
iO0 gpm respectively. Well D, the existing Production Test
:ell in the south, will supply ground water during periods of
;eak demand at a maximum rate of 6130 gpm. A deep observation
-ell could be installed at the nearby property boundary to as-
fure that the planned pumping program in the north will con-
orm to the 5 foot limitation.

Figures 5-1 and 5-2 represent projected worst-case water
evel reductions in the Lower Floridan aquifer based on the
maximum pumping rates. The drawdown profile at location D-D'
t the southern part of the property (Figure 5-1) is for
nistropic (non-uniform) conditions and is an extrapolation of
actual data collected during the pumping test of the Produc-
ion Test Well in mid-December of 1975 (see Appendix A for
further details concerning the PTW test). This profile,
oriented in the direction of the high permeability zone, re-
resents the maximum amount of drawdown expected as a result
f withdrawing 6130 gpm from Well D. The maximum drawdown at
!e property line is 3 feet.


5-5











It is expected that similar aquifer conditions are pre-
sent in the northern part of the property, therefore the draw-
down profile for location A-A' (Figure 5-2) labeled "pumping
water level for anisotropic (non-uniform) aquifer" would be
representative of the expected drawdown amounts for a combined
maximum rate of 7900 gpm from wells A, B, and C. As can be
seen from this profile, drawdown under this condition is ex-
pected to be 4.6 feet at the nearest property boundary.

Due to the possibility that aquifer characteristics may
not be identical in the north and south parts of the property,
another analytical technique was used to evaluate drawdown in
the northern part of the property. In this second method,
isotropic (uniform) aquifer conditions were assumed which en-
abled the use of standard analytical methods for radial flow.
The cone of influence in Figure 5-2 and the curve labeled
"pumping water level for isotropic (uniform) aquifer" for
location A-A' are representative of the possible drawdown
under isotropic conditions for a maximum pumping rate of 7900
gpm in the north. Aquifer coefficients used in the analysis
were: transmissivity = 2,000,000 gpd/ft; leakance = 0.0001
3
gpd/ft ; and storage coefficient = 0.001. The use of these
values for analysis was based on data collected during the
hydrogeologic data collection and analysis program at the site
(Appendix A)- and a search of values previously determined for
the Lower Floridan aquifer in the surrounding area. As can be
seen in Figure 5-2, the curve for isotropic conditions shows
even less drawdown, 3.6 feet, at the nearest property boundary
than for anisotropic conditions. The isotropic drawdown of
3.6 feet does not include drawdown effects from pumping Well D
(PTW). This is valid based on the PTW pumping test results.

The withdrawal of water:
(c) must not cause the level of the water
table under lands not owned, leased,
or otherwise controlled by the appli-
cant to be lowered more than three (3)
feet. (16J-2.11(4) (c))


5-6


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N
WELL A
WELL Ce
WELL 80

MILES


13n


CF INDUSTRIES HARDEE COUNTY
PHOSPHATE PROJECT AREA


EXTRAPOLATION OF PTW PUMPING
TEST RESULTS FOR 6130 gpm


\


I I I 1 I I I I I


6,000


4,000


----- INCREASING
DISTANCE (feet) FROM WELL D IN DIRECTION OF MAXIMUM DRAWDOWN


Figure 5-1 Drawdown Profile D-D' for Anisotropic Conditions
Showing Projected Impact of Proposed Withdrawals
in the Southern Part of the Property Area.

Bmjamass myaoonsas


- I


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I-
1D


Z


0 -'
z-J


LIjJ
Z I-

0

Lcc


710
10,000


8,000


2,000


_________lj_______l______ i













Lowering of the water table offsite is not expected,
except when mining operations are being temporarily conducted
near the site boundary. During dewatering operations for
mining cuts when located at the site boundaries, water levels
in the shallow aquifer may be reduced by 3 feet or more with-
in a maximum distance of about 500 feet from the property line
for a maximum period of 90 days. These projections are based
on data collected along the shallow aquifer testing program
(Appendix A) and are believed to represent a worst case.


The mine cut layout will be oriented so that the drag-
line progression is perpendicular to the site boundaries where
,the temporary lowering of the water table would result in poss-
ible offsite vegetation damage. This will result in an open
cut against the site boundary of 250 feet wide rather than an
|open cut of as much as 5000 feet if the cuts are oriented
!parallel to the site boundaries in question.

Since the offsite effects of dewatering will be tempor-
ary and since the offsite effects which violate the regulatory
guideline represent a worst-case condition, it is felt that
this non-conformance is justified in terms of overall develop-
ment of the phosphate resources. Accordingly, the Board has
been asked to grant an exception under the provisions of 16J-
2.11 l (5).

The withdrawal of water:
(d) must not cause the level of the
surface water in any lake or other
impoundment to be lowered more than
one (1) foot unless the lake or im-
poundment is wholly owned, leased,
or otherwise controlled by the appli-
cant. (16J-2.11(4) (d))

Lowering of offsite lakes or impoundments by more than
one (1) foot will not occur as a result of the project.


5-7 1 .


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/
/


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.0 2000 4000
EET.
FEET


I


ISOTROPIC DRAWDOWN CONTOURS
CALCULATED WITH:


A I
Ar
or-


(-9
0L



Z'"

I _J
h-i
zwLLJ

ow




a
0
0
CK


7L


10,000


I CALCULATED PUMPING WATER LEVEL FOR ISOTROPIC
(UNIFORM) AQUIFER (Q= 7900 gpm) \












CALCULATED PUMPING WATER LEVEL FOR
A iioT\Tr i A "Uil cC f l =7-0 nn N


/A- NIJ I R lIL \NIIur II- I'rll fi r r !w- Q % i/ y IIgpm
(EXTRAPOLATED FROM PTW PUMPING TEST DATA
COLLECTED IN THE SOUTHERN PART OF THE PROPERTY)



I I I I I II


8,000


6,000


4,000


2,000


--- INCREASING

DISTANCE (feet) FROM WELL A IN THE DIRECTION OF THE
CLOSEST PROPERTY BOUNDARY


Figure 5-2


Drawdown Profile A-A' for Isotropic and Anisotropic
Conditions Showing Projected Impact of Proposed
Withdrawals in the Northern Part of the Property Area.
aEsWmmsB a E1a1TR


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5.2 CONDITIONS FOR A CONSUMPTIVE-USE PERMIT GENERAL CON-
DITIONS (16J-2.11)

The intended consumptive use:
(a) Must be a reasonable, beneficial use.
(16J-2.11(l) (a))
(b) Must be consistent with the public
interest. (16J-2.11(1) (b))

Section 16J-0.02(15) defines "reasonable-bene-
ficial use" to mean:
"...the use of water in such quantity
as is necessary for economic and effi-
cient utilization for a purpose and in
a manner which is both reasonable and
consistent with the public interest;
Subsection 373.019(5) F.S."

As can be seen from the definition of this term, water
uses must not only be reasonable uses but also must be effi-
cient and economical. The reasonable-beneficial use standard
is intended to protect other water users and the general pub-
lic from wasteful uses of water.

CF Industries' planned water uses represent a concert-
ed effort to combine economic development of the phosphate
resources with reasonable, economic and efficient use of the
Available water resources.

* The rational use of water resources has been an impor-
tant design goal from the inception of the project. In de-
veloping its water use plan for both the mine and the chem-
ical plant, CF Industries has placed heavy emphasis on water
conservation practices which maximize the re-use of water in
the systems, maximize the use of surface water and minimize
the use of well water. Recycle flows in the mine and chemical
plant will be 90,000 gpm and 40,000 gpm, respectively, the
total of which is more than ten times the amount of makeup
water drawn from supply sources. In addition to the exten-
sive re-use within each operation, water in the amount of 770
gpm will be recirculated from chemical plant to the mining
facility to provide a further reduction in makeup requirements.


5-8











To assure efficient use of water, rain falling on ponds
and mine cuts will be used whenever possible to reduce pumping
from ground water aquifers. It is anticipated that surface
water can provide up to 35 percent of the makeup water require-
ments.

The proposed project will provide a reliable and econo-
mic source of essential fertilizer for the 1.5 million North
American farmers in the United States and Canada who are the
member-owners of CF Industries. Development of CF Industries'
Hardee County phosphate deposits will play an important role
in assuring that North American food and feed production con-
tinues at high levels.

The facility will also have many local economic bene-
fits. The proposed project includes rock mining and benefi-
ciation facilities, as well as a multi-million dollar chem-
ical complex to produce finished phosphate fertilizers on the
Hardee County site. Current projections call for approximate-
ly 675 permanent employees and an annual payroll of nearly
$10 million. When these figures are coupled with the ongoing
purchases of goods and services and the jobs created for some
2,000 construction workers for a period of two years, one can
realize, that the facility will have a large positive impact
on the economy of Hardee County and the region. In addition,
positive tax benefits will naturally flow to state and local
taxing bodies from the approximately 300 million dollar in-
vestment in plant facilities and land.

The public interest will be protected by an extensive
program of air and surface and ground water monitoring, which
has been implemented at the site. Officials of applicable
regulatory bodies have been involved in the project from its
inception, and CF Industries will continue to work closely
with these and other public officials to assure that the ob-
jectives of the project and the community are in harmony.


5-9










The use of water to develop the phosphate deposits
of CF Industries' Hardee County property is reasonable be-
cause the products derived will play an important role in
maintaining the nation's farm output and because every ef-
fort has been made to utilize the water in an efficient and
economic fashion. The benefits derived from the project
will accrue to the nation as a whole in the form of assured
availability of farm products and to the local and regional
areas in the form of additional job opportunities, increased
demand for goods and services, and elevated tax revenues.
The public interest will be enhanced by the benefits describ-
ed above and will be protected by environmental permit con-
ditions, monitoring programs and continued consultations with
officials of the applicable regulatory bodies. It is felt
therefore that the intended consumptive use is reasonable and
beneficial and that it is consistent with the public interest.
The proposed project is thus in compliance with 16J-2.11(1)
(a) and (b).

The intended consumptive use:
(c) Will not interfere with any legal use
of water existing at the time of the
application. (16J-2.11(1) (c))
A list of current users of ground water in the site
vicinity is discussed along with the well inventory in Appen-
dix A, Section A-4. The predicted impacts of the proposed
water use plan are discussed in conjunction with 16J-2.11(4)
(b) and are shown to be within the regulatory criteria set
forth for ground water in that paragraph. Impacts on the sur-
face water system are discussed elsewhere in this section.
Based on a knowledge of the effects of the proposed water use
plan and the location and nature of existing legal uses of
water, it is anticipated that implementation of the proposed
water use plan will not interfere with any existing legal use
of water.


5-10











5.3 OTHER REGULATIONS

Future phases of effort in the Hardee County Phosphate
Project will require addition permits under Chapter 16J-1
Works of the District, Chapter 16J-3 Regulation of Wells,
Sand/or Chapter 16J-4 Management and Storage of Surface Water.

j Although not a complete list, the need for the follow-
ing permits is reasonably anticipated:

1. Permits for construction within or
over works of the District.

2. Permit for discharge of effluent
into works of the District.

3. Well construction permits.

V 4. Permits for management and storage
of surface waters:
(a) Construction permits for
impoundment areas

(b) Operation permits for
impoundments



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5-11


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