City of St. Petersburg v. Southwest Fla. Water Management Dist.

355 So. 2d 796
CourtDistrict Court of Appeal of Florida
DecidedOctober 12, 1977
Docket76-1435
StatusPublished
Cited by2 cases

This text of 355 So. 2d 796 (City of St. Petersburg v. Southwest Fla. Water Management Dist.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of St. Petersburg v. Southwest Fla. Water Management Dist., 355 So. 2d 796 (Fla. Ct. App. 1977).

Opinion

355 So.2d 796 (1977)

CITY OF ST. PETERSBURG, Florida, a Municipal Corporation, Petitioner,
v.
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, an Administrative Agency of the State of Florida, Respondent.

No. 76-1435.

District Court of Appeal of Florida, Second District.

October 12, 1977.

Carl R. Linn, City Atty., and Richard D. Oldham, III, Asst. City Atty., St. Petersburg, for petitioner.

L.M. Blain and Thomas E. Cone, Jr. of Gibbons, Tucker, McEwen, Smith, Cofer & Taub, Tampa, for respondent.

J. Clint Brown and Edna Wilson of Dixon, Shear, Brown, Stephenson, Tampa, for Hillsborough County, amicus curiae.

Jacob D. Varn of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tampa, for Pasco County, amicus curiae.

John T. Allen, Jr., St. Petersburg, W. Gray Dunlap, Clearwater, for Pinellas County, amicus curiae.

BOARDMAN, Chief Judge.

In October and December 1975 notice was published of the applications of the city of St. Petersburg, petitioner, for two consumptive water use permits requesting "the continuing withdrawal of water under regulatory levels as established by the Southwest Florida Water Management District," (SWF), respondent. The applications were for withdrawal of water from two well fields, Cosme-Odessa and Section 21, located in Hillsborough County and owned by St. Petersburg. St. Petersburg amended its applications to request specific volumes of water, that is, an average withdrawal of 19 million gallons per day (mg/d) from Cosme-Odessa and an average withdrawal of 18 mg/d from Section 21, with a maximum daily withdrawal of 22 mg/d from each. After a hearing SWF issued permits authorizing *797 an average withdrawal of 18 mg/d with a maximum daily withdrawal of 22 mg/d from Section 21 well field and an average withdrawal of 19 mg/d with a maximum daily withdrawal of 22 mg/d from Cosme-Odessa well field. The total withdrawal from the Section 21 and Cosme-Odessa fields was not to exceed 168 mg/week, which computes as 24 mg/d from both fields or 12 mg/d from each. The permits authorized withdrawal of an additional 21 mg/week during six weeks of the year to bring the total withdrawal from both fields to 187 mg/week. Regulatory levels below which the city could not pump were also established to monitor the level of the water in the Florida aquifer lying beneath the well fields. Evidence was introduced at the hearing on these applications that the levels set by the permits would allow 12 mg/d to be pumped from each field.

BASIC FLORIDA HYDROLOGY AND GEOLOGY

The basic principles of hydrology are embodied in the concept of the hydrologic cycle. This continuously recurring process is simply described as the circulation of water from the atmosphere to the surface of the earth by precipitation and from the surface to the atmosphere by evaporation. F. Maloney, S. Plager, & F. Baldwin, Water Law and Administration 141 (1968) [hereinafter Water Law]; J. Garcia-Bengochea, R. Pyne, & E. Black, Florida's Water Resources an Evaluation and Management Philosophy 3-1, Project No. 272-75-80, Nov. 1975 (prepared for Pinellas County, Florida) [hereinafter Water Resources]. The water budget is the balance of incoming water to outgoing water. Income to a particular area is derived from rainfall and ground- and surface-water inflow from other areas. Outgo from that area is due to evaporation, plant use, and ground- and surface-water outflow to other areas. The water crop is the amount of rainfall less the amount lost by evaporation and plant use (evapotranspiration).

An aquifer is a water-bearing bed of porous and permeable sediment under the surface of the earth which stores ground water. A nonartesian aquifer occurs in unconfined or water-table conditions which permit the level of ground water to rise and fall according to the water supply. An artesian aquifer occurs when water is confined under pressure beneath a relatively impervious formation. Water Law, supra, at 143; Water Resources, supra, at 4-4. In Florida the elevation of the water-table nonartesian aquifer is generally higher than the elevation of the artesian Florida aquifer, consequently water percolates down to the Florida aquifer from the water-table aquifer. The elevation and degree of porosity, permeability, and transmissivity of the aquifers vary throughout the state even at points located relatively close to one another. R. Cherry, J. Stewart, & J. Mann, General Hydrology of the Middle Gulf Area, Florida 45, 52 (U.S. Geological Survey, Report of Investigation No. 56, 1970).

The water-table aquifer is recharged primarily from rainwater, and the amount it can absorb is principally dependent on its composition. The rainfall, less the amount lost by evapotranspiration, which the water table cannot absorb is runoff to surface-water bodies. The Florida aquifer, which is the main source of water for consumptive use in this state, is largely recharged through inflow from ground-water sources, directly by rainfall, and through infiltration or percolation from the water-table aquifer at a rate dependent on the characteristics of the overlying beds. Water Resources, supra, at 4-4. The balance between the discharge and recharge rate of the Florida aquifer depends on a number of factors, including location of ground-water wells, volume of pumpage, distance of the aquifer from the earth's surface, contours of the surface of the earth, contours of the aquifer, vertical seepage, and ground-water outflow. Water Law, supra, at 145-46. The level of the water in an artesian aquifer at a particular point is measured by the level to which the water rises in a well sunk into that section of the aquifer. Water Law, supra, at 43; Water Resources, supra, at 4-4.

*798 WATER RESOURCES MANAGEMENT IN SOUTHWEST FLORIDA

In 1972 the Florida Water Resources Act was enacted by the state legislature. The dual purpose of the act was to provide for conservation of the available water resources while maximizing the beneficial use of the resources. Section 373.016(1), Florida Statutes. The legislation set out certain goals which the act was designed to effect:

(a) To provide for the management of water and related land resources;
(b) To promote the conservation, development, and proper utilization of surface and ground water;
(c) To develop and regulate dams, impoundments, reservoirs, and other works and to provide water storage for beneficial purposes;
(d) To prevent damage from floods, soil erosion, and excessive drainage;
(e) To preserve natural resources, fish and wild life;
(f) To promote recreational development, protect public lands, and assist in maintaining the navigability of rivers and harbors; and
(g) Otherwise to promote the health, safety, and general welfare of the people of this state.

Section 373.016(2), Florida Statutes. The state was divided into water management districts[1] each headed by a governing board which was authorized, among other things, to "[i]ssue orders to implement or enforce any of the provisions of this chapter or regulations thereunder." Section 373.083(2), Florida Statutes.

Sections 373.203-.249, Florida Statutes, authorized implementation of a consumptive use of water permit system by each water district. Except for domestic consumption of water by individuals, all new and existing uses were subject to the permit procedure. Section 373.219, .226, Florida Statutes.

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