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48. The proposed withdrawal is not from a stream or
watercourse and therefore will not reduce the rate of flow of any
stream or watercourse.
49. SWFWMD routinely grants exemptions from Florida
Administrative Code Rules 40D-2.301(3),(b), (c) and (d) for
public water supply facilities.
50. The proposed withdrawal of water will not cause the
potentiometric surface of the aquifer to be lowered below sea
level.
WHEREFORE, Petitioners request;
(1) That SWFWMD refer this petition to the Division of
Administrative Hearings for the appointment of a hearing officer
to conduct a formal proceeding, pursuant to Section 120.57(1)(b)
13, Florida Statutes (Chapter 83-78, Laws of Florida).
(2) That formal proceedings be conducted in accordance with
the provisions of Section 120.57(1), Florida Statutes, and
Florida Administrative Code Chapter 28-5; and
(3) That a Recommended Order be issued advising SWFWMD to
grant Petitioners' application.
Respectfully submitted this the ^_Wday of a
1983.
de la PARTE & GILBERT, P.A.
darl Linn Edward P. de la Part=i
267 75th Avenue 705 E. Kennedy Boulevard
St. Petersburg Beach, FL 33706 Tampa, Florida 33602
Telephone: 813/360-2464 Telephone: 813/229-2775
ATTORNEY FOR THE CITY OF ATTORNEYS FOR WEST COAST
ST. PETERSBURG REGIONAL WATER SUPPLY
AUTHORITY AND THE CITY OF
ST. PETERSBURG
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37. Whether the duration of the new permit should be long-
term in view of the fact it is the renewal of an existing permit.
Facts, Rules And Statutes Which Entitle
Petitioners to Relief
38. Public water supply is generally considered to be a
reasonable and beneficial use of water.
39. Water withdrawn from the Section 21 wellfield is an
essential part of the water supply system of ST. PETERSBURG and
is necessary to adequately meet the needs of municipal residents.
40. ST. PETERSBURG has implemented effective water
conservation measures and reduced the per capital use of water.
41. The water from the Section 21 wellfield will serve a
large number of residents in ST. PETERSBURG and is therefore
consistent with the public purpose.
42. The existing public water supply systems in the
northwest Hillsborough County region, including the Section 21
and Cosme-Odessa wellfields, have already been found to be a
reasonable and beneficial use of the water and consistent with
the public interest.
43. The renewal application simply seeks to continue
existing pumping and therefore it will have no significant effect
on other legal existing uses of water in the area.
44. SWFWMD has not established regulatory levels or rates
of flow for streams or water courses in the area.
45. Minimum levels for surface waters have been established
for some lakes in the area, but the effect of ground water
withdrawals on surface water bodies will not be significant.
46. Section 21 is a substantial distance from the nearest
coastline and will not significantly induce salt water
encroachment.
47. The proposed withdrawal is from the Floridan aquifer
and the effects of this withdrawal on lake stages or vegetation
will not be significant.
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31. Whether the withdrawal of water will cause the level of
the water table under lands not owned, leased or otherwise
controlled by ST. PETERSBURG or WCRWSA to be lowered more than 3
feet or, in the alternative, whether SWFWMD should grant an
exemption for good cause pursuant to Florida Administrative Code
Rule 40D-2.301(4)? Fla. Admin. Code Rule 40D-2.301(3) (c).
32. Whether the withdrawal of water will cause the surface
of water in any lake or other impoundment to be lowered more than
1 foot unless the lake or impoundment is wholly owned, leased or
otherwise controlled by ST. PETERSBURG or WCRWSA or, in the
alternative, whether SWFWMD should grant an exemption for good
cause pursuant to Florida Administrative Code Rule 40D-
2.301(4)? Fla. Admin. Code Rule 40D-2.301(3)(d).
33. Whether the withdrawal of water will cause the
potentiometric surface to be lowered below sea level or in the
alternative whether SWFWMD should grant an exemption for good
cause pursuant to Florida Administrative Code Rule 40D-
2.301(4)? Fla. Admin. Code Rule 40D-2.301(3) (e).
34. Whether the consumptive use of water through the
Section 21 wellfield was 9 million gallons per day on January 1,
1975.
35. Whether the potentiometric surface regulatory levels
for the Floridan aquifer underlying the wellfield, which were
established by the existing permit, are based on competent,
substantial evidence and whether they should be included in any
consumptive use permit?
36. Whether the condition found in the existing permit
limiting combined withdrawals from the Section 21 and Cosme-
Odessa wellfields on the basis of cumulative weekly average
elevations of the potentiometric surface in the Floridan aquifer
is based on competent substantial evidence and whether it should
be included in any new consumptive use permit?
-7-
Florida Administrative Code Rule 40D-2.301(4)? Fla. Admin. Code
40D-2.301 (2) (b).
26. Whether the issuance of the permit will cause the level
of the surface water to be lowered below the minimum level
established by SWFWMD or, in the alternative, whether SWFWMD
should grant an exemption for good cause pursuant to Florida
Administrative Code Rule 40D-2.301(4)? Fla. Admin. Code Rule
40D-2.301(2) (c).
27. Whether the issuance of the permit will significantly
induce salt water encroachment or, in the alternative, whether
SWFWMD should grant an exemption for good cause pursuant to
Florida Administrative Code Rule 400-2.301(4)? Fla. Admin. Code
Rule 40D-2.301(2) (d).
28. Whether the issuance of the permit will cause the water
to be lowered so that lake stages or vegetation will be adversely
and significantly affected on lands other than those owned,
leased or otherwise controlled by ST. PETERSBURG and WCRWSA or,
in the alternative, whether SWFWMD should .grant an exemption for
good cause pursuant to Florida Administrative Code Rule 40D-
2.301(4)? Fla. Admin. Code Rule 40D-2.301(2) (e).
29. Whether the withdrawal of water from a stream or other
water course will reduce the rate of flow by more than 5% at the
time and point of withdrawal or, in the alternative, whether
SWFWMD should grant an exemption for good cause pursuant to
Florida Administrative Code Rule 40D-2.301(4)? Fla. Admin. Code
Rule 40D-2.301(3) (a).
30. Whether the withdrawal of water will cause the level of
the potentiometric surface under lands not owned, leased or
otherwise controlled by ST. PETERSBURG or by WCRWSA to be lowered
more than 5 feet or, in the alternative, whether SWFWMD should
grant an exemption for good cause pursuant to Florida
Administrative Code Rule 40D-2.301(4)? Fla. Admin. Code Rule
400-2.301(3) (b).
-6-
thickness from 10' to 50'. A layer of clay separates this upper
zone from the consolidated rocks of the Floridan aquifer. The
Floridan aquifer is made up of the Tampa, Suwannee, Ocala, 1and
Avon Park limestones, which can extend to a depth of over 800'.
Facts Demonstrating Effects Upon
Petitioners Substantial Interests
20. ST. PETERSBURG has a substantial interest in that it is
a municipal purpose to supply public drinking water to municipal
residents. ST. PETERSBURG has no economical alternative public
supplies of water within its municipal boundaries and is
dependent upon the Section 21 wellfield for public water
supply. WCRWSA has contractual obligations to operate and manage
this wellfield for ST. PETERSBURG and has been specifically
delegated the duty to renew the existing consumptive use permit.
Disputed Issues Of Material Fact
21. Whether the intended consumptive use of water is a
reasonable beneficial use? 373.223(1) (a), Fla. Stat.
22. Whether the intended consumptive use of water is
consistent with the public interest? 9373.223(1(b), Fla. Stat.
23. Whether the intended consumptive use of water will
interfere with any presently existing use of water?
373.223(1) (c), Fla. Stat.
24. Whether the issuance of the permit will cause the rate
of flow of a stream or water course to be lowered below a
regulatory level established by SWFWMD or, in the alternative,
whether SWFWMD should grant an exemption for good cause pursuant
to Florida Administrative Code Rule 40D-2.301(4)? Fla. Admin.
Code Rule 40D-2.301(2) (a).
25. Whether the issuance of the permit will cause the level
of the potentiometric surface to be lowered below the regulatory
level established by SWFWMD or, in the alternative, whether
SWFWMD should grant an exemption for good cause pursuant to
-5-
14. In preparation for the September, 1982 hearing on the
renewal application, several objectors conferences were held to
permit SWFWMD to inform the public of the application and to
permit the public to voice their concerns about that application.
15. In preparation of the September, 1982 public hearing,
SWFWMD issued an evidentiary evaluation of the renewal
application which recommended that the consumptive use permit be
issued with certain conditions. However, the evaluation
recommended a reduction of the permitted daily average withdrawal
to 13 million gallons per day but recommended the continuation of
the maximum daily limit of 22 million gallons per day.
16. This application was scheduled to be heard by SWFWMD at
the September, 1982 public hearing in conjunction with the public
hearing on the Northwest Hillsborough Regional Well System and
the Cosme-Odessa wellfield. However, the public hearing was
continued to allow WCRWSA and Hillsborough County additional time
to revise the configuration of the Northwest Hillsborough
Regional Well System.
17. The application submitted by WCRWSA and ST. PETERSBURG
for the Section 21 wellfield included a request that at times
when the Northwest Hillsborough Regional Well System could not
meet its needs, WCRWSA could withdraw water from the Section 21
and Cosme-Odessa wellfields to supplement the Northwest
Hillsborough Regional Well System. This concept was approved in
the SWFWMD evidentiary evaluation.
18. Water is presently permitted to be withdrawn from the
six out of ten wells at the Section 21 wellfield. The renewal
application seeks to authorize withdrawal from eight of these
wells. The proposed production wells range in depth from 400' to
600'.
19. The water is withdrawn by these wells from aquifers
beneath the area. The surficial aquifer consists of
unconsolidated deposits of undifferentiated sands ranging in
-4-
All uses of water which existed on the effective date of the
program were permitted to continue as long as the use of water
was a reasonable beneficial use.
9. In September 1975, ST. PETERSBURG applied for a
consumptive use permit for six wells located in the Section 21
wellfield. The application sought recognition of a prior
existing use of 9 million gallons per day and sought authority to
withdraw an additional 9 million gallons per day. The
application requested 18 million gallons per day on a daily
average and 22 million gallons per day on a maximum daily basis.
10. While the application was pending, ST. PETERSBURG
acquired control of additional property from Tampa Electric
Company which gave ST. PETERSBURG control of 675 acres in the
Section 21 wellfield.
11. In August of 1976, permit #7500003 was issued to ST.
PETERSBURG authorizing the requested withdrawal of water in the
Section 21 wellfield. The permit established potentiometric
surface regulatory levels for the Floridan aquifer underlying the
wellfield and it authorized a 3 foot variance from existing
regulatory levels under certain conditions.
12. In December of 1981, ST. PETERSBURG and WCRWSA entered
into an operation and management agreement for the Section 21 and
Cosme-Odessa wellfields. By this contract, WCRWSA assumed the
operation and management of the two wellfields. At the same
time, the parties executed a water exchange contract which
authorized WCRWSA to withdraw water from one part of ST.
PETERSBURG'S water supply system and deliver into that system at
another point water produced at other facilities.
13. In December of 1981, WCRWSA and ST. PETERSBURG filed an
application for a renewal of the Section 21 consumptive use
permit. This application sought to maintain the withdrawal of
water authorized by the prior consumptive use permit.
-3-
Petitioner's address is 2280 U.S. Highway 19, .,Suite 121,
Clearwater, Florida 33515.
2. Petitioner, the CITY OF ST. PETERSBURG, ("ST.
PETERSBURG"), is a municipal corporation of the State of Florida
and a member of WCRWSA. Its address is Post Office Box 2842, St.
Petersburg, Florida 33731.
3. Respondent, SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
("SWFWMD") is a state agency duly created and validly existing
pursuant to Chapter 373, Florida Statutes. Respondent is
authorized and directed to require permits for consumptive uses
of water. Ch. 373, Part II, Fla. Stat.; Fla. Admin. Code Ch.
40D-2. Its address is 5060 U.S. Highway 41, South, Brooksville,
Florida 33512. The identification number for WCRWSA's and ST.
PETERSBURG'S permit application is 200003. The names and numbers
of the relevant SWFWMD files are unknown.
4. Intervenor, BEN HILL, is a resident of northwest
Hillsborough County and his address is Post Office Box 3324,
Tampa, Florida 33601. He was permitted by SWFWMD to intervene
in this permit proceeding at its regular September, 1982 meeting.
Background
5. ST. PETERSBURG purchased the Pinellas Water Company in
1940 and part of this purchase included the Cosme wellfield and
600 acres in Section 21 of northwest Hillsborough County.
6. By 1955, ST. PETERSBURG was operating the expanded
Cosme-Odessa wellfield.
7. In 1960, ST. PETERSBURG developed a wellfield on the
Section 21 property and since that date water withdrawn from that
wellfield has provided public drinking water to the residents of
ST. PETERSBURG.
8. On January 1, 1975, SWFMWD implemented a program for the
issuance of permits authorizing the consumptive use of water.
-2-
STATE OF FLORIDA
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
WEST COAST REGIONAL WATER SUPPLY )
AUTHORITY, and CITY OF ST. PETERSBURG, )
Petitioners, )
) SWFWMD No.
vs. ) 200003
SOUTHWEST FLORIDA WATER MANAGEMENT )
DISTRICT, ) DOAH Case No.
Respondent, )
vs. )
BEN HILL, III, )
Intervenor. )
PETITION FOR FORMAL PROCEEDINGS
CONSUMPTIVE USE PERMIT
SECTION 21 WELLFIELD
Petitioners, WEST COAST REGIONAL WATER SUPPLY AUTHORITY and
the CITY OF ST. PETERSBURG, by and through their undersigned
attorneys and pursuant to Sections 120.57(1), 120.57(1) (b) 13,
and 120.60(1) Florida Statutes, and Florida Administrative Code
Rules 40D-1.121 and 28-5.201, request a formal hearing and in
support allege:
Identification of Parties
1. Petitioner, WEST COAST REGIONAL WATER SUPPLY AUTHORITY
("WCRWSA") is an interlocal governmental agency, duly created and
validly existing pursuant to Section 373.1962, Florida Statutes,
Section 163.01, Florida Statutes, and an interlocal agreement
dated October 25, 1974, between Pinellas County, Pasco County,
Hillsborough County, the City of Tampa and the City of St.
Petersburg. Petitioner is authorized to acquire water and water
rights; develop, store and transport water; and to provide, sell
and deliver water for county or municipal purposes and uses.
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