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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.
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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:
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(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
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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]
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