notebook - Southwest Florida Water Management District

Governing Board 

Weeki Wachee River 

Meeting 

Agenda 

and 

Meeting Information 

July 31, 2012 

9:00 a.m. 

District Headquarters 

2379 Broad Street • Brooksville, Florida 

(352) 796-7211 1-800-423-1476 

\

An Equal 

Opportunity 

Employer 

MEETING NOTICE 

2379 Broad Street, Brooksville, Florida 34604-6899 

(352) 796-7211 or 1-800-423-1476 (FL only) 

TDD only 1-800-231-6103 (FL only) 

On the Internet at: WaterMatters.org 

The Southwest Florida Water Management District (District) does not discriminate on the basis of disability. This nondiscrimination 

policy involves every aspect of the District's functions, including access to and participation in the District's programs and activities. 

Anyone requiring reasonable accommodation as provided for in the Americans with Disabilities Act should contact the District's Human 

Resources Director at 2379 Broad Street, Brooksville, FL 34604-6899; telephone (352) 796-7211, ext. 4702, or 1-800-423-1476 

(FL only), ext. 4702; TDD (FL only) 1-800-231-6103; or email to ADACoordinator@swfwmd.state.fl.us. 

AGENDA 

GOVERNING BOARD MEETING 

JULY 31, 2012 

9:00 A.M. 

DISTRICT HEADQUARTERS 

2379 BROAD STREET (US HWY 41) 

352-796-7211 OR 1-800-423-1476 

� All meetings are open to the public. �� 

� Viewing of the Board meeting will be available at each of the District offices 

and through the District’s web site (www.watermatters.org) -- follow directions 

to use internet streaming. 

� Public input will be taken only at the meeting location. 

� Public input for issues not listed on the published agenda will be heard shortly 

after the meeting begins. 

Unless specifically stated, scheduled items will not be heard at a time certain. 

At the discretion of the Board, items may be taken out of order to 

accommodate the needs of the Board and the public. 

The meeting will recess for lunch at a time to be announced. 

The current Governing Board agenda and minutes of previous meetings 

are on the District's web site: www.WaterMatters.org 

9:00 A.M. CONVENE PUBLIC HEARING AND MEETING (TAB A) 

1. Call to Order 

2. Pledge of Allegiance and Invocation 

3. Additions/Deletions to Agenda 

4. Ceremony to Honor C.A. “Neil” Combee, Jr. for His Service on the Governing Board 

5. Public Input for Issues Not Listed on the Published Agenda 

Bartow Service Office 

170 Century Boulevard 

Bartow, Florida 33830-7700 

(863) 534-1448 or 1-800-492-7862 (FL only) 

Sarasota Service Office 

6750 Fruitville Road 

Sarasota, Florida 34240-9711 

(941) 377-3722 or 1-800-320-3503 (FL only) 

Tampa Service Office 

7601 US Highway 301 North 

Tampa, Florida 33637-6759 

(813) 985-7481 or 1-800-836-0797 (FL only)

SWFWMD GOVERNING BOARD AGENDA ~2 ~ July 31, 2012 

CONSENT AGENDA (TAB B) 

All matters listed under the Consent Agenda are considered routine and action will be taken by one motion, 

second of the motion and approval by the Board. If discussion is requested by a Board member, that item(s) 

will be deleted from the Consent Agenda and moved to the appropriate Committee or Report for consideration. 

Regulation Committee 

6. Consider Extending Modified Phase II Restrictions in Select Central Counties 

7. Consider Expiration of Modified Phase III Restrictions in Northern Counties 

8. Individual Water Use Permits (WUPs) Referred to the Governing Board – 

WUP No. 20020253.000 – Flint Properties I & II, LLC / Flint Properties (Sarasota County) 

Operations & Land Management Committee 

9. Utility Easement to Withlacoochee River Electric Cooperative for Utility Upgrades at the 

Weeki Wachee Springs State Park, SWF Parcel No. 15-773-215X 

Resource Management Committee 

10. Implement Best Management Practices (BMPs) in the Brooker Creek Watershed in Improvement 

Areas 1, 2, 11 and Toniwoods South Outfall – First Amendment 

11. Braden River Utilities Soil Moisture Sensor Rebate Program – First Amendment 

12. Polk County Landscape and Irrigation Evaluation – First Amendment 

13. Facilitating Agricultural Resource Management Systems (FARMS) 

a. Flint Properties II, LLC and Trust (H674), Manatee and DeSoto Counties 

b. Hawk Produce, Inc. (H675), Hillsborough County 

c. Deshong Strawberry Patches, Inc. (H676), Hillsborough County 

d. Berry Patches, Inc. - Phase 2 (H677), Hillsborough County 

e. Aprile Properties, LLC (H678), Hillsborough County 

14. Sarasota County – Englewood Community Redevelopment Area Stormwater Retrofit Project 

(N306) – Budget Transfer 

Finance & Administration Committee 

15. Budget Transfer Report 

General Counsel’s Report 

16. Administrative, Enforcement and Litigation Activities that Require Governing Board Approval 

a. Interagency Agreement between the SFWMD and the SWFWMD – Designation of Regulatory 

Responsibility – Highland Farms – Highlands County 

b. Interagency Agreement between the SFWMD and the SWFWMD – Designation of Regulatory 

Responsibility – Santa Rosa Ranch II Wetland Restoration Project – Highlands County 

c. Initiation of Litigation – Surface Water Activity – Robert J. Colvin and Mary A. Colvin – 

Lake County 

d. Settlement Agreement – SWFWMD v. Dollar Golf, Inc. and The Trails at Rivard Homeowners’ 

Association, Inc. (Civil Case No. CA11-2865) 

17. Rulemaking 

a. Initiation and Approval of Rulemaking to Amend the Noticing Requirements Pursuant to the 

Issuance of a Water Shortage Declaration under Chapter 40D-21, Florida Administrative 

Code (F.A.C.) 

b. Approval of Revised Rule Language to Amend Rule 40D-8.041, F.A.C., to Adopt Minimum 

Flows for the Lower Myakka River 

Executive Director’s Report 

18. Annual Calendar of Fiscal Year 2012-13 Meeting Dates 

19. Approve Governing Board Minutes – June 26, 2012 Monthly Meeting 

REGULATION COMMITTEE (TAB C) 

Discussion Items 

20. Consent Item(s) Moved for Discussion 

21. Consider Concurrence with Issuance of Executive Director Order for Use of the Alafia River Project 

22. Denials Referred to the Governing Board 

Submit & File Report 

23. Public Supply Report


Routine Reports 

24. Southern Water Use Caution Area Quantities 

25. Overpumpage Report 

26. E-Permitting Metrics: Online vs. Paper Applications 

27. Individual Permits Issued by District Staff 

28. Resource Regulation Significant Initiatives 

OPERATIONS &LAND MANAGEMENT COMMITTEE (TAB D) 



30. Hydrologic Conditions Status Report 


31. Tropical Storm Debby Emergency Operations Activities 

32. Surplus Lands Assessment Update 

33. Flying Eagle Nature Center Update 


34. Structure Operations 

35. Significant Activities 

OUTREACH &PLANNING COMMITTEE (TAB E) 

Discussion Items – None 

Submit & File Reports – None 


36. Comprehensive Plan Amendment and Related Reviews Report 

37. Development of Regional Impact Activity Report 


RESOURCE MANAGEMENT COMMITTEE (TAB F) 



40. Aquifer Storage and Recovery Arsenic Issue Update (H046) 

41. Fiscal Year 2013-14 Cooperative Funding Initiative 

42. Lakes Horse, Raleigh, and Rogers Recovery Project Update (B027) 



43. Minimum Flows and Levels 

44. Watershed Management Program and Federal Emergency Management Agency Map Modernization 

45. Significant Water Supply and Resource Development Projects 

FINANCE &ADMINISTRATION COMMITTEE (TAB G) 



47. Fiscal Year (FY) 2012-13 Budget Development 

a. FY2012-13 Budget Update since June 26, 2012 

b. Adoption of Proposed District Millage Rate for FY2012-13 

c. Approval of August 1 Standard Format Tentative Budget Submission 

d. Assignment of Funds to District’s Short-Term Projects Reserve 



48. Treasurer's Report, Payment Register and Contingency Funds Report 

49. Monthly Financial Statement 

50. Monthly Cash Balances by Fiscal Year


GENERAL COUNSEL’S REPORT (TAB H) 



52. Lake Region Lakes Management District Request to Transfer Ownership of the P-5, P-6, P-7 

and P-8 Water Control Facilities in Polk County 

53. Amendment to Resolution Authorizing Proceedings in Eminent Domain for Acquisition of Certain 

Interests in Land Necessary for the Lake Hancock Lake Level Modification Project 



54. Litigation Report 

55. Rulemaking Update 

COMMITTEE/LIAISON REPORTS (TAB I) 

56. Environmental Advisory Committee Meeting 

57. Well Drillers Advisory Committee Meeting 

58. Other Liaison Reports 

EXECUTIVE DIRECTOR’S REPORT (TAB J) 

59. Executive Director’s Report 

a. Performance Metrics Dashboard 

b. Other 

CHAIR’S REPORT (TAB K) 

60. Chair’s Report 

ANNOUNCEMENTS 

�� RECESS PUBLIC HEARING � � � 

� Governing Board Meetings Schedule: 

Meeting – Brooksville ............................................................................... August 28, 2012 

Meeting – Tampa ..................................................................................... September 25, 2012 

Meeting – Tampa ...................................................................................... October 30, 2012 

Meeting – Haines City ..................................................................... November 27, 2012 

� Governing Board Surplus Lands Assessment 

Subcommittee Meeting – Tampa .............................................................. August 2, 2012 

� Governing Board Public Budget Hearings Schedule: 

Tentative Budget – Tampa ....................................................................... September 11, 2012 

Final Budget – Tampa .............................................................................. September 25, 2012 

� Advisory Committee Meeting Schedule: 

Industrial/Public Supply – Tampa ............................................................. August 14, 2012 

Agricultural/Green Industry – Tampa ...................................................... September 13, 2012 

Well Drillers – Tampa .............................................................................. October 10, 2012 

Environmental – Tampa ............................................................................... October 15, 2012 

ADJOURNMENT 

The Governing Board may take action on any matter on the printed agenda including such items listed as reports, 

discussions, or program presentations. The Governing Board may make changes to the printed agenda only for 

good cause as determined by the Chair, and stated in the record. 

If a party decides to appeal any decision made by the Board with respect to any matter considered at a hearing or 

these meetings, that party will need a record of the proceedings, and for such purpose that party may need to 

ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence 

upon which the appeal is to be based.


If you wish to address the Board concerning any item listed on the agenda or an issue that does not appear on 

the agenda, please fill out a speaker's card at the reception desk in the lobby and give it to the recording 

secretary. Your card will be provided to the Chair who will call on you at the appropriate time during the meeting. 

When addressing the Board, please step to the podium, adjust the microphone for your comfort, and state your 

name for the record. Comments will be limited to three minutes per speaker. In appropriate circumstances, the 

Chair may grant exceptions to the three-minute limit. 

The Board will accept and consider written comments from any person if those comments are submitted to the 

District at Southwest Florida Water Management District, 2379 Broad Street, Brooksville, Florida 34604-6899. 

The comments should identify the number of the item on the agenda and the date of the meeting. Any written 

comments received after the Board meeting will be retained in the file as a public record.

REGULATION COMMITTEE 

GOVERNING BOARD OFFICERS,COMMITTEES 

AND LIAISONS 

Effective June 2012 

OFFICERS 

Chair H. Paul Senft, Jr. 

Vice Chair Hugh M. Gramling 

Secretary Douglas B. Tharp 

Treasurer Albert G. Joerger 

OPERATIONS AND LAND 

MANAGEMENT COMMITTEE 

OUTREACH AND PLANNING 

COMMITTEE 

Bryan K. Beswick, Chair Michael A. Babb, Chair Jeffrey M. Adams, Chair 

Todd Pressman, Vice Chair Randall S. Maggard, Vice Chair Jennifer E. Closshey, Vice Chair 

Carlos Beruff Albert G. Joerger Michael A. Babb 

Judith C. Whitehead Douglas B. Tharp Judith C. Whitehead 

RESOURCE MANAGEMENT 

COMMITTEE 

FINANCE AND ADMINISTRATION 

COMMITTEE 

SURPLUS LANDS 

SUBCOMMITTEE 

Hugh M. Gramling, Chair Albert G. Joerger, Chair* Albert G. Joerger, Chair 

Michael A. Babb, Vice Chair Douglas B. Tharp, Vice Chair Hugh M. Gramling, Vice Chair 

Randall S. Maggard Jeffrey M. Adams Jeffrey M. Adams 

Douglas B. Tharp Jennifer E. Closshey Jennifer E. Closshey 

* Board policy requires the Governing 

Board Treasurer to chair the 

Finance and Administration Committee. 

STANDING COMMITTEE LIAISONS 

Agricultural Advisory Committee Hugh M. Gramling 

Environmental Advisory Committee Michael A. Babb 

Green Industry Advisory Committee Douglas B. Tharp 

Industrial Supply Advisory Committee Randall S. Maggard 

Public Supply Advisory Committee Vacant 

Well Drillers Advisory Committee Bryan K. Beswick 

OTHER LIAISONS 

Governing Board Diversity Coordinator Carlos Beruff 

Strategic Planning Initiative Jennifer E. Closshey 

Central Florida Water Initiative (formerly CFCA) H. Paul Senft 

Charlotte Harbor National Estuary Program Policy Board Vacant 

Sarasota Bay Estuary Program Policy Board Albert G. Joerger 

Randall S. Maggard 

Douglas B. Tharp 

Tampa Bay Estuary Program Policy Board Hugh M. Gramling 

Todd Pressman, Primary 

Tampa Bay Regional Planning Council 

Jeffrey M. Adams, Alternate 

6/12/2012

Executive Summary 

GOVERNING BOARD MEETING 

JULY 31, 2012 

9:00 a.m. 

If viewing this document electronically, links are now available from the Executive Summary to the 

item’s information page. To return to the Executive Summary, click on the item number in the upper 

right-hand corner of the page. 

CONVENE PUBLIC HEARING AND MEETING (TAB A) 






CONSENT AGENDA (TAB B) 





6. Consider Extending Modified Phase II Restrictions in Select Central Counties 

Unless changing conditions result in staff providing an updated recommendation during the 

Governing Board’s meeting on July 31, 2012, consider extending the same provisions as 

Executive Director Order No. SWF 2012-005 in Hillsborough, Pasco and Pinellas counties 

through December 31, 2012. 

7. Consider Expiration of Modified Phase III Restrictions in Northern Counties 


Governing Board’s meeting on July 31, 2012, allow Water Shortage Order No. SWF 2012-003 to 

expire on July 31, 2012, which means that Modified Phase I restrictions from Water Shortage 

Order No. SWF 2010-022 would go back into full force and effect in Citrus, Hernando, Lake, Levy 

and Sumter counties and two portions of Marion County. 



This is a new water use permit for agricultural use. Quantities are based on calculations using the 

District irrigation allotment calculation program, AGMOD, for irrigation of 1508 acres of row crop. 

The total quantities authorized under this permit are 1,189,100 gallons per day (gpd) annual 

average, 4,525,200 gpd peak month, and 1,266,800 gpd drought annual average. The authorized 

quantities will be withdrawn primarily from two existing wells completed in the Upper Floridan 

Aquifer. Alternative Water Supply sources are not available at this location at this time. The 

permit application meets all Rule 40D-2 Conditions for Issuance. 

Staff recommends the Board approve the proposed permit included in the Board’s meeting 

materials as an exhibit.

SWFWMD Governing Board Executive Summary ~2~ JULY 31, 2012 


9. Utility Easement to Withlacoochee River Electric Cooperative for Utility Upgrades at the 


As part of State Park’s operations and maintenance, electrical service is being upgraded to meet 

current needs. That upgrade requires the installation of new underground electrical lines within 

the attraction boundary. The utility provider, Withlacoochee River Electric Cooperative, has 

requested the granting of a utility easement within which to place the new lines. The easement 

area encompasses 0.155 acres within the park boundary, and allows the Cooperative to install, 

operate and maintain the new infrastructure. The easement is being granted at a consideration 

cost of $1. 

Staff recommends the Board approve the utility easement to Withlacoochee River Electric 

Cooperative (SWF Parcel No. 15 773-215X). 


10. Implement Best Management Practices (BMPs) in the Brooker Creek Watershed in 

Improvement Areas 1, 2, 11 and Toniwoods South Outfall – First Amendment 

The District and Pinellas County entered into an agreement on April 27, 2011, to implement BMPs 

in the Brooker Creek watershed to improve the level of service in Toniwoods. The County is 

requesting the scope of work for the project be amended to refine the conceptual BMP design and 

to defer channel maintenance and improvements. The County’s consultant has developed a 

design that will provide increased flood protection more efficiently than the original concept. The 

County is scheduled to begin construction bidding in fall 2012. The total estimated cost of 

$1,926,000 is not changed by this amendment. The County and the Governing Board are each 

contributing 50 percent ($963,000). 

Staff recommends the Board approve the first amendment to the agreement with Pinellas County 

to revise the scope of work, and authorize the Division Director to execute the amendment. 

11. Braden River Utilities Soil Moisture Sensor Rebate Program – First Amendment 

The District entered into a cooperative funding agreement on September 30, 2009, with Braden 

River Utilities (BRU) to provide rebates for the installation of up to 400 soil moisture sensor 

devices to control irrigation. BRU determined that the UgMO brand of soil moisture sensor would 

provide larger savings due to its ability to monitor multiple irrigation zones and requested that it be 

added to the list of approved soil moisture sensors. The project close-out date is requested to be 

extended to December 31, 2014. The total project cost is $200,000. The Manasota Basin 

approved $100,000 funding in fiscal year 2009. 

Staff recommends the Board approve the first amendment to the existing agreement with BRU to 

change the Project Manager for the District, update contract language, refine the project’s budget, 

revise the project’s schedule, and add an approved soil moisture sensor; and authorize the 

Division Director to execute the amendment. 

12. Polk County Landscape and Irrigation Evaluation – First Amendment 

The District entered into a cooperative funding agreement on January 18, 2012, with the County 

to evaluate irrigation systems, improve irrigation efficiency, and conserve water. A contractor was 

hired by the County to perform the evaluations. In order to maximize efficiency, the County 

decided to cancel their Rain Sensor Rebate (N161) project and incorporate the installation of rain 

sensors into their irrigation evaluations. Due to lower costs associated with the evaluations, the 

District and County staff have managed to slightly increase the number of potential evaluations 

and include rain sensors, while reducing the total project costs by $68,820 or 27 percent. 

Staff recommends the Board approve the first amendment to the agreement with Polk County to 

adjust the project’s schedule and scope of work and reduce the total cost of the project from


$250,840 to $182,820, thereby reducing the District’s and the County’s funding obligation from 

$125,420 to $91,410; and authorize the Division Director to execute the amendment. 


a. Flint Properties II, LLC and Trust (H674), Manatee and DeSoto Counties 

The District received a project proposal from Flint Properties II, LLC and Trust for their 

1,300-acre farm located west of Arcadia within the Southern Water Use Caution Area. This 

project will involve the construction and operation of a four-acre reservoir to collect tailwater 

and surface water from the property and surrounding watershed to offset Upper Floridan 

aquifer groundwater used for bed preparation, crop establishment and supplemental irrigation 

over 40 acres of citrus and 180 acres of strawberries and/or row crops. 

Staff recommends the Board: 

(1) Approve the Robert Flint project for a not-to-exceed project reimbursement of $151,507 

with $151,507 provided by the Governing Board; 

(2) Authorize the transfer of $151,507 from fund 010 H017 Governing Board FARMS Funds to 

the 010 H674 Robert Flint project fund; and 

(3) Authorize the Resource Management Division Director to execute the agreement. 

b. Hawk Produce, Inc. (H675), Hillsborough County 

The District received a project proposal from Hawk Produce, Inc., for their 20 acre strawberry 

farm located south of Plant City within the DPCWUCA and Alafia River Basin. This project will 

involve the use of frost/freeze cover cloth on 15 acres of strawberries to offset Upper Floridan 

aquifer groundwater quantities used for cold protection. The Water Use Permit (WUP) 

authorizes cold protection groundwater withdrawals of 1,628,600 gallons per day (gpd) to 

frost/freeze protect 15 acres of strawberries with overhead sprinkler irrigation. 


(1) Approve the Hawk Produce, Inc. project for a not-to-exceed project reimbursement of 

$33,600 with $33,600 provided by the Governing Board; 

(2) Authorize the transfer of $33,600 from fund 010 H017 Governing Board FARMS funds to 

the 010 H675 Hawk Produce, Inc. project fund; and 


c. Deshong Strawberry Patches, Inc. (H676), Hillsborough County 

The District received a project proposal from Deshong Strawberry Patches, Inc., for its 52 acre 

farm located west of Plant City within the DPCWUCA and Hillsborough River Basin. This 

project will involve the use of frost/freeze cover cloth on 20 acres of strawberries to offset 

Upper Floridan aquifer groundwater quantities used for cold protection. The Water Use 

Permit (WUP) authorizes cold protection groundwater withdrawals of 2,016,000 gallons per 

day (gpd) to frost/freeze protect 25 acres of strawberries with overhead sprinkler irrigation, 

and 12 acres of citrus with microjet irrigation. 


(1) Approve the Deshong Strawberry Patches, Inc. project for a not-to-exceed project 

reimbursement of $44,700 with $44,700 provided by the Hillsborough River Basin Fund; 

(2) Authorize the transfer of $44,700 from fund 013 H017 Hillsborough River Basin FARMS 

funds to the 013 H676 Deshong Strawberry Patches, Inc. project fund; and 


d. Berry Patches, Inc. - Phase 2 (H677), Hillsborough County 

The District received a project proposal from Berry Patches, Inc., for a second phase of their 

67.1 acre strawberry farm located east of Dover within the DPCWUCA and Alafia River Basin. 

This Phase 2 project will involve the use of frost/freeze cover cloth on 25.7 acres of a 38.5acre 

strawberry operation to offset Upper Floridan aquifer groundwater quantities used for 

cold protection. The Phase 1 frost/freeze cover cloth project resulted in an estimated 1.2 

million gallons per day (gpd) of groundwater savings.



(1) Approve the Berry Patches, Inc. - Phase 2 project for a not-to-exceed project 

reimbursement of $49,800 with $49,800 provided by the Governing Board; 

(2) Authorize the transfer of $49,800 from fund 010 H017 Governing Board FARMS funds to 

the 010 H677 Berry Patches, Inc. – Phase 2 project fund; and 


e. Aprile Properties, LLC (H678), Hillsborough County 

The District received a project proposal from Aprile Properties, LLC for their 71.5-acre 

strawberry farm located east of Plant City within the DPCWUCA and Hillsborough River basin. 

This project will involve the expansion and operation of a 1.9-acre reservoir to collect tailwater 

and surface water from the property and surrounding watershed to offset Upper Floridan 

aquifer groundwater used for bed preparation, crop establishment, supplemental irrigation and 

cold protection for 24 acres of strawberries. 


(1) Approve the Aprile Properties, LLC project for a not-to-exceed project reimbursement of 

$103,575 with $103,575 provided by the Hillsborough River Basin Fund; 


funds to the 010 H678 Aprile Properties, LLC project fund; and 


14. Sarasota County – Englewood Community Redevelopment Area Stormwater Retrofit 

Project (N306) – Budget Transfer 

The Cow Pen Slough Weir Construction Project was approved and included in the FY2012 District 

budget for $1,792,091. The County advertised the project for bid, but suspended it when adjacent 

landowners raised concerns about potential flooding. In August 2011, the District and the County 

entered into a cooperative funding agreement for the Englewood CRA Stormwater Retrofit project 

including funding of $2,250,000 each for a total of $4,500,000 based on the District’s available 

funding. This project will provide stormwater treatment and eliminate or minimize direct runoff into 

Lemon Bay. The project construction bids came in higher than expected and the County is 

requesting the District contribute an additional $1,290,000 toward the construction costs. 


(1) Approve the transfer of $1,290,000 from the Sarasota County Cow Pen Slough Weir 

Construction Project (N342) to the Sarasota County Englewood CRA Stormwater Retrofit 

Project (N306); and 

(2) Authorize the Resource Management Division Director to execute the amendment to the 

Sarasota County Englewood CRA Stormwater Retrofit Project (N306). 



Staff recommends the Board approve the Budget Transfer Report covering all budget transfers 

made during the month of June 2012. 


16. Administrative, Enforcement and Litigation Activities that Require Governing Board 

Approval 

a. Interagency Agreement between the SFWMD and the SWFWMD – Designation of 

Regulatory Responsibility – Highland Farms – Highlands County 

Highland Farms, Inc. is preparing design plans for water quality improvement best 

management practices on its property located in Highlands County. The Project is partially 

located within the jurisdictional boundaries of the South Florida Water Management District


(SFWMD) and discharges to the Fisheating Creek basin, within the Lake Okeechobee 

Watershed. 

Florida Statutes authorize a water management district to designate regulatory responsibility 

to another water management district over a project located within the jurisdictional 

boundaries of both districts. Because the entire property discharges to the SFWMD, both 

Districts agree that responsibility should be assumed by the SFWMD. An interagency 

agreement approved by both District Governing Boards is necessary to authorize SFWMD to 

issue an ERP to the applicant for the entire Project. SFWMD’s Governing Board approved 

this Interagency Agreement at its June 14, 2012 meeting. 

Staff recommends the Board approve the Interagency Agreement between the SFWMD and 

the SWFWMD for Designation of Regulatory Responsibility for Highland Farms, Inc. in 

Highlands County. 

b. Interagency Agreement between the SFWMD and the SWFWMD – Designation of 

Regulatory Responsibility – Santa Rosa Ranch II Wetland Restoration Project – 

Highlands County 

Lightsey Cattle Company, Inc. is preparing design plans for the expansion of an existing 

wetland restoration project on its property known as Santa Rosa Ranch II located in Highlands 

County. The Project is partially located within the jurisdictional boundaries of SFWMD and 

discharges to the Arbuckle Creek basin, within the Lake Okeechobee Watershed. 

Florida Statutes authorize a water management district to designate regulatory responsibility 

to another water management district over a project located within the jurisdictional 

boundaries of both districts. Because the entire property discharges to the SFWMD, both 

Districts agree that responsibility should be assumed by the SFWMD. An interagency 

agreement approved by both District Governing Boards is necessary to authorize SFWMD to 

issue an ERP to the applicant for the entire Project. SFWMD’s Governing Board approved 

this Interagency Agreement at its June 14, 2012 meeting. 

Staff recommends the Board approve the Interagency Agreement between the SFWMD and 

the SWFWMD for Designation of Regulatory Responsibility for the Santa Rosa Ranch II 

Wetlands Restoration Project located in Highlands County. 

c. Initiation of Litigation – Surface Water Activity – Robert J. Colvin and Mary A. Colvin – 

Lake County 

On November 8, 2008, the District received a complaint from the FDEP concerning wetland 

dredging and filling on property located in Lake County owned by Robert and Mary Colvin. 

District staff observed dredging impacts to approximately 1.29 acres and filling impacts to 

approximately 9.91 acres of forested wetlands. No ERP had been issued to authorize these 

activities. On January 22, 2009, the District issued a Notice of Unauthorized Construction to 

the owners and regulatory staff met with them to discuss what would be necessary for 

restoration of the impacts, but the owners did not restore the property or apply for an ERP. 

Staff and the owners have met numerous times in the intervening years. On January 23, 

2012, the owners proposed removing a portion of the fill and a revised proposed consent 

order was sent assessing penalties and costs totaling $62,300. In response to the revised 

proposed consent order, staff again met with the owners at their request to discuss restoration 

requirements that would off-set the penalty amount. The owners were informed their case will 

be on the July Governing Board meeting agenda unless a settlement could be reached in the 

interim. The District has not received any correspondence from the owners in response. 

Staff recommends the Board authorize the initiation of litigation against Robert and Mary 

Colvin and any other appropriate parties to obtain compliance, to recover an administrative 

fine/civil penalty for the violations, and to recover District enforcement costs, court costs and 

attorney’s fees.


d. Settlement Agreement – SWFWMD v. Dollar Golf, Inc. and The Trails at Rivard 

Homeowners’ Association, Inc. (Civil Case No. CA11-2865) 

On December 19, 2011, the District filed a Complaint and Petition to Enforce in the Circuit 

Court of Hernando County seeking penalties and costs, and compliance with the District’s 

Final Order entered on November 9, 2011. The District’s Final Order requires Dollar Golf, Inc. 

and The Trails at Rivard Homeowners’ Association, Inc. to repair the sinkhole in Retention 

Pond M. Since the filing of this Complaint and Petition to Enforce, the parties have 

continuously worked to resolve this matter without further litigation. 

To that end, the District has approved the geotechnical recommendations report for repairs to 

the sinkhole and the parties have entered into contracts to make the repairs. The parties have 

also negotiated and agreed to enter into a Settlement Agreement, which requires the parties 

to repair the sinkhole within 60 days of approval of the Settlement Agreement and to submit 

an engineering certification that the repair was completed in accordance with the geotechnical 

recommendations within fourteen days of the sinkhole being repaired. The Settlement 

Agreement also requires Dollar Golf to pay penalties and costs in the amount of $10,200 and 

for the Trails at Rivard to pay penalties and costs in the amount of $2,550. 

Staff recommends the Board approve the Settlement Agreement between the Southwest 

Florida Water Management District, Dollar Golf, Inc. and The Trails at Rivard Homeowners’ 

Association. 


a. Initiation and Approval of Rulemaking to Amend the Noticing Requirements Pursuant to 

the Issuance of a Water Shortage Declaration under Chapter 40D-21, Florida 

Administrative Code (F.A.C.) 

Upon the issuance of a Water Shortage Declaration, Florida Statutes require the Governing 

Board to “notify each permittee in the district by regular mail of any change in the condition of 

his or her permit, or any suspension of his or her permit or of any other restriction on the 

permittee’s use of water for the duration of the water shortage.” To implement the statute, the 

District adopted subsection 40D-21.275(3), F.A.C., which requires the District to send a Notice 

of Water Shortage to “each Permittee located in the affected area,” upon the issuance of a 

Water Shortage Declaration. Staff subsequently determined that, by noticing each permittee 

in an affected area, the District was unnecessarily expending resources notifying permittees 

that were not affected by the Water Shortage Declaration. 

The proposed rulemaking will amend Rule 40D-21.275, F.A.C., to provide that the District will 

only send a Notice of Water Shortage by regular U.S. mail to those permittees whose permits 

will be affected or whose permitted water use will otherwise be restricted by a Water Shortage 

Declaration. 

Staff recommends the Board initiate and approve rulemaking to amend Rule 40D-21.275, 

F.A.C., to clarify that the District will issue a Notice of Water Shortage by regular mail to each 

Permitee whose permit will be affected or whose permitted water use will otherwise be 

restricted by the issuance of a Water Shortage Declaration and authorize staff to make any 

necessary clarifying or technical changes that may result from the rulemaking process. 

b. Approval of Revised Rule Language to Amend Rule 40D-8.041, F.A.C., to Adopt 

Minimum Flows for the Lower Myakka River 

At its December 20, 2011 meeting, the Governing Board approved the initiation of rulemaking 

and proposed rule language to amend Rule 40D-8.041, F.A.C., to adopt minimum flows 

(MFLs) for the Lower Myakka River. As the approved rule language was being finalized for 

publication, District staff determined that the language could be simplified to clarify the intent 

and application of the rule. 

The revised rule language removes historical background and technical references that are 

unnecessary, language detailing how flows to the lower river from the Upper Myakka River


have increased due to changes in the upper river and language describing the water budget 

model used by the District to estimate excess flows. Additionally, the revised language 

clarifies the MFL by defining the term “adjusted flow” within the rule, and removes ambiguity 

regarding the periodic updating of excess flow estimates. 

Upon Governing Board approval of the revised language, staff will notify the Governor’s Office 

of Fiscal Accountability and Regulatory Reform (OFARR) and proceed with rulemaking 

without further Governing Board action. If substantive comments are received from the public 

or reviewing entities such as OFARR or the Joint Administrative Procedures Committee, this 

matter will be brought back to the Governing Board for consideration. 

Staff recommends the Board approve the revised rule language amending Rule 40D-8.041, 

F.A.C., to adopt minimum flows for the Lower Myakka River and authorize staff to make any 

necessary clarifying or technical changes that may result from the rulemaking process. 


18. Annual Calendar of Fiscal Year 2012-13 Meeting Dates 

The District is required to follow Florida Statute Chapter 189 concerning meeting notices. The 

Statute requires that the District submit an annual meeting calendar to all the Clerks of Court in 

the District by September 15 of each year. The Statute further requires that if a meeting date, time 

or location changes after the annual calendar has been sent to the Clerks of Court, the District is 

required to purchase a legal advertisement in area newspapers to notice the change from the 

originally published calendar. 

Staff recommends the Board approve the FY2012-13 annual Board meeting calendar. 

19. Approve Governing Board Minutes – June 26, 2012 Monthly Meeting 

Staff recommends approving the minutes as presented. 

REGULATION COMMITTEE (TAB C) 



21. Consider Concurrence with Issuance of Executive Director Order for Use of the Alafia 

River Project 

On February 4, 2003, Tampa Bay Water (TBW) was issued a permit to withdraw 10 percent of the 

total flow from the Alafia River when the flow exceeds 80 million gallons per day or 124 cubic feet 

per second. On July 2, 2012, TBW requested emergency authorization to temporarily increase 

the allowable percentage to 19 percent. The current circumstances that have created the need to 

consider this request include the combination of an extended drought period, the drawdown of the 

reservoir for repairs and the current rainfall patterns. 

In response to TBW’s request, District staff has drafted an Executive Director Order which 

authorizes the requested 19 percent withdrawal rate and also requires ongoing compliance with 

additional District water shortage orders and any more stringent local restrictions. 

Staff recommends the Board consider issuance and concurrence with Executive Director Order 

No. SWF 2012-008, providing for a temporary increase in the allowable percentage withdrawal 

from the Alafia River Project from 10 percent to 19 percent when the flow exceeds 80 million 

gallons per day. 

22. Denials Referred to the Governing Board 

If any denials are requested to be referred to the Governing Board, these will be presented at the 

meeting.



The following item is submitted for the Committee’s information, and no action is required. 

23. Public Supply Report 


The following items are provided for the Committee’s information, and no action is required. 






OPERATIONS &LAND MANAGEMENT COMMITTEE (TAB D) 




This routine report provides information on the general state of the District's hydrologic conditions, 

by comparing rainfall, surface water, and groundwater levels for the current month to comparable 

data from the historical record. 

This item is provided for the Committee's information, and no action is required. 

Submit & File Reports 

The following items are submitted for the Committee’s information, and no action is required. 

31. Tropical Storm Debby Emergency Operations Activities 







OUTREACH &PLANNING COMMITTEE (TAB E) 





36. Comprehensive Plan Amendment and Related Reviews 



RESOURCE MANAGEMENT COMMITTEE (TAB F) 



40. Aquifer Storage and Recovery Arsenic Issue Update (H046) 

Staff will provide an update and status on the progress made in solving the arsenic mobilization 

issue at Aquifer Storage and Recovery (ASR) projects in the District. ASR is the storage of 

treated surface water or reclaimed water in the aquifer for future use. Several projects have been 

cancelled or put on indefinite hold due to the uncertainty resulting from the arsenic mobilization 

issue. Over the last several years, the District has emerged as one of the national leaders in the


advancement of both ASR technology and research. The Governing Board's past commitment to 

funding research to identify the sources and mechanisms causing the mobilization of arsenic in 

the aquifer has been instrumental in the development of solutions. 

This item is presented for the Committee's information, and no action is required. 

41. Fiscal Year 2013-14 Cooperative Funding Initiative 

Staff will provide an update on the Fiscal Year 2013-14 Cooperative Funding Program and an 

overview of Board Policy 130-4 “Cooperative Funding Initiative” which was last updated in 

December 2011. Staff will also review the proposed schedule for the FY2013-14 Cooperative 

Funding Program. The schedule includes moving up the Cooperative Funding Program 

application deadline by two months from December to October. This change will allow staff more 

time to work with the applicants and review the projects prior to the subcommittee meetings. 

This item is presented for the Committee’s information, and no action is required. 

42. Lakes Horse, Raleigh, and Rogers Recovery Project Update (B027) 

Staff will provide an update and project summary on the Lakes Horse, Raleigh, and Rogers 

Recovery project (formerly known as the Rocky Creek Lake Enhancement project) to enhance 

water levels in these lakes. At the May 2012 Governing Board meeting, the Board requested a 

staff presentation on the project in response to comments from residents who live on Rocky Creek 

lakes. The District’s public process to date consists of three public meetings, extensive efforts to 

respond to resident questions by telephone and email, a project name change to clarify the 

project goal, and a commitment to provide permit applications to the resident’s consultant for 

review prior to submitting them to permitting agencies. 






44. Watershed Management Program and Federal Emergency Management Agency Map Modernization 


FINANCE &ADMINISTRATION COMMITTEE (TAB G) 



47. Fiscal Year (FY) 2012-13 Budget Development 


Staff will review any proposed budget changes since the June 26, 2012 meeting, and 

communicate the results of the July 20 meeting in Tallahassee. Since June 26, the proposed 

budget for the August 1 tentative budget submission has been reduced by $9.9 million, from 

$169.5 million to $159.7 million, subject to approval by the Governing Board on July 31. The 

proposed changes are as follows: 

(1) Annual contingency funds of $7 million have been removed from the budget to promote 

greater transparency and accountability. Contingency funds are not required to be 

budgeted. Further, the Governing Board has approved a Fund Balance policy number 

130-9, establishing an Economic Stabilization Fund that can be accessed in an 

emergency. The Governing Board, in an emergency, has the authority to transfer funds 

available for the disaster or emergency, with notification to the EOG and Legislative 

Budget Commission within 30 days. For other matters, a budget amendment will be 

required and amendments over $1 million will require approval by the Executive Office of 

the Governor pursuant to Section 373.536(4)(a), Florida Statutes, as amended.


(2) The land acquisition budget has been reduced by $2.3 million, from $5.1 million to 

$2.8 million. Staff will continue to focus on the disposition of lands identified as surplus 

and the acquisition of lands determined necessary for projects. 

(3) Merit increases to retain and reward outstanding performance have been removed from 

the budget in order to maintain consistency with the state and other water management 

districts, resulting in a budget reduction of $569,069. Importantly, staff is developing a 

process to ensure accountability and transparency in decisions to reward performance. 

When the process is approved, staff will bring the matter back to the Board. 

(4) There were other minor adjustments, primarily staffing changes, resulting in a net increase 

of $36,643. 


Staff will present the certifications of taxable value and the proposed FY2012-13 District 

millage rate, in compliance with Florida Statutes. Taxable property values in the District have 

decreased by 2.87 percent, ranging from an increase of 5.29 percent in Sumter County to a 

decrease of 11.15 percent in Levy County. Based on the certified values, staff has increased 

the ad valorem revenue budget by $130,001 above the amount reflected in the RASB, now 

$100.5 million. 

Staff recommends the Governing Board adopt Resolution No. 12-07, Adoption of Proposed 

District Millage Rate for Fiscal Year 2012-13. 


Staff requests approval to submit the Standard Format Tentative Budget Submission to the 

Executive Office of the Governor, Department of Environmental Protection, Florida Legislature 

and other parties, as required by statute, for delivery by August 1, 2012. The report reflects 

the budget as approved by the Governing Board on June 26, decreased by $9,862,426, with 

changes to be discussed in item a. above. 


Staff requests the Governing Board assign $21.7 million in available funds to the District’s 

Short-Term Projects Reserve as part of fund balance. These one-time funds result from the 

extensive encumbrance review this year, combined with the 19 percent reduction in operating 

expenditures. It is requested that these funds be assigned to the Short-Term Projects 

Reserve to remain in fund balance until needed to fund projects in the near future. Staff will 

present an updated fund balance utilization chart, which is now a required part of the August 1 

budget submission. 


(a) Approve the budget changes that have been made since the June 26, 2012 Governing Board 

meeting for a reduction of $9,862,426, and a revised budget totaling $159,661,275. 

(b) Approve Resolution No. 12-07, Adoption of Proposed District Millage Rate for Fiscal Year 

2012-13. 

(c) Approve the Standard Format Tentative Budget Submission report due August 1 to be 

submitted to all parties required by Section 373.536(5)(d), Florida Statutes. 

(d) Assign $21.7 million in available funds to the District’s Short-Term Projects Reserve, 

established by Board Policy Number 130-9. 






50. Monthly Cash Balances by Fiscal Year


GENERAL COUNSEL’S REPORT (TAB H) 



52. Lake Region Lakes Management District (LRLMD) Request to Transfer Ownership of the 

P-5, P-6, P-7 and P-8 Water Control Facilities in Polk County 

The District received a draft interlocal agreement from LRLMD for the conveyance, operation and 

maintenance of the District’s P-5, P-6, P-7 and P-8 water control structures, adjacent canals and 

associated equipment serving the property and structures. There are three options available to 

the Board for consideration as it relates to the long term disposition and operation and 

maintenance of the P-5, P-6, P-7 and P-8 water control structures, canals and associated 

equipment: (1) ownership of the facilities may be conveyed to the LRLMD as requested as long 

as LRLMD provides all necessary assurances regarding its ability to own and operate outside its 

boundaries for the life of the facilities; (2) the District could enter into a new cooperative 

agreement with the LRLMD for the operation and routine maintenance of the facilities (with 

District oversight); or, (3) the District could retain ownership, operation and maintenance of the 

facilities. 

Staff requests the Board provide direction as to which option staff should pursue with LRLMD in 

response to its request for conveyance of structures, associated canals and all equipment serving 

such structures and canals. Any agreement, if applicable, will be presented to the Governing 

Board in the future for the Board’s consideration. 

53. Amendment to Resolution Authorizing Proceedings in Eminent Domain for Acquisition of 

Certain Interests in Land Necessary for the Lake Hancock Lake Level Modification Project 

The District is empowered by Section 373.139(2), F.S., to acquire fee title, easements or other 

interests in real property for water storage projects through condemnation. The Governing Board 

exercises the District's power of eminent domain by adopting a resolution that authorizes the 

acquisition of the necessary interests in land through condemnation proceedings. Resolution 

12-09 replaces the legal description of one parcel with a corrected description obtained from a 

survey of the property, while also deleting another parcel that more recent modeling has revealed 

to be unnecessary for the project. 

Staff recommends the Board adopt Resolution 12-09 which amends Resolution 08-27 by 

replacing the legal description of one parcel with a corrected description and deleting another 

parcel that is unnecessary for the project. 






COMMITTEE/LIAISON REPORTS (TAB I) 

56. Environmental Advisory Committee Meeting 

57. Well Drillers Advisory Committee Meeting 

58. Other Liaison Reports


EXECUTIVE DIRECTOR’S REPORT (TAB J) 

59. Executive Director’s Report 


Staff will present an overview of the “Draft” Monthly Dashboard for the Board’s consideration 

and comment. The Dashboard is intended to provide a quick reference of financial indicators 

and performance metrics for major areas of operations. 

This item is presented for the Board’s information, and no action is required. 

b. Other 

CHAIR’S REPORT (TAB K) 


�� RECESS PUBLIC HEARING � � � 

ANNOUNCEMENTS 

� Governing Board Meetings Schedule: 

Meeting – Brooksville ............................................................................... August 28, 2012 

Meeting – Tampa ..................................................................................... September 25, 2012 

Meeting – Tampa ...................................................................................... October 30, 2012 

Meeting – Haines City ..................................................................... November 27, 2012 

� Governing Board Surplus Lands Assessment 

Subcommittee Meeting – Tampa .............................................................. August 2, 2012 

� Governing Board Public Budget Hearings Schedule: 

Tentative Budget – Tampa ....................................................................... September 11, 2012 

Final Budget – Tampa .............................................................................. September 25, 2012 

� Advisory Committee Meeting Schedule: 

Industrial/Public Supply – Tampa ............................................................. August 14, 2012 

Agricultural/Green Industry – Tampa ...................................................... September 13, 2012 

Well Drillers – Tampa .............................................................................. October 10, 2012 

Environmental – Tampa ............................................................................... October 15, 2012 

ADJOURNMENT

Governing Board Meeting 

July 31, 2012 

9:00 a.m. 

�� CONVENE MEETING OF THE GOVERNING BOARD � � � 

AND PUBLIC HEARING 

PUBLIC HEARING AND MEETING (TAB A) 

1. Call to Order ......................................................................................................................... 2 

2. Pledge of Allegiance and Invocation ................................................................................... 2 

3. Additions/Deletions to Agenda ............................................................................................. 2 

4. Ceremony to Honor C.A. “Neil” Combee, Jr. for His Service on the Governing Board........ 2 

5. Public Input for Issues Not Listed on the Published Agenda .............................................. 2


July 31, 2012 


Items 1 - 5 

The Board Chair calls the meeting to order. The Board Secretary confirms that a quorum is 

present. The Board Chair then opens the public hearing. 

Anyone wishing to address the Governing Board concerning any item listed on the agenda or 

any item that does not appear on the agenda should fill out and submit a speaker's card. 

Comments will be limited to three minutes per speaker, and, when appropriate, exceptions to 

the three-minute limit may be granted by the Chair. Several individuals wishing to speak on 

the same issue/topic should designate a spokesperson. 


The Board Chair leads the Pledge of Allegiance to the Flag of the United States of America. 

An invocation is offered. 


According to Section 120.525(2), Florida Statutes, additions to the published agenda will only 

be made for "good cause" as determined by the "person designated to preside." The items 

that have been added to the agenda were received by the District after publication of the 

regular agenda. The Board was provided with the information filed and the District staff's 

analyses of these matters. Staff has determined that action must be taken on these items 

prior to the next Board meeting. 

Therefore, it is the District staff's recommendation that good cause has been demonstrated 

and should be considered during the Governing Board's meeting. 

Staff Recommendation: 

Approve the recommended additions and deletions to the published agenda if necessary. 

Presenter: Blake C. Guillory, Executive Director 


The Board will present Mr. Combee with a plaque and framed resolution to honor his service 

from April 2005 to May 2012. 

Presenter: Paul Senft, Chair 


At this time, the Board will hear public input for issues not listed on the published agenda. 

�


July 31, 2012 

CONSENT AGENDA 





6. Consider Extending Modified Phase II Restrictions in Select Central Counties ..................... 2 

7. Consider Expiration of Modified Phase III Restrictions in Northern Counties ........................ 3 


WUP No. 20020253.000 – Flint Properties I & II, LLC / Flint Properties 

(Sarasota County) .................................................................................................................... 4 


9. Utility Easement to Withlacoochee River Electric Cooperative for Utility Upgrades 

at the Weeki Wachee Springs State Park, SWF Parcel No. 15-773-215X ........................... 15 


10. Implement Best Management Practices (BMPs) in the Brooker Creek Watershed 

in Improvement Areas 1, 2, 11 and Toniwoods South Outfall – First Amendment ................ 17 

11. Braden River Utilities Soil Moisture Sensor Rebate Program – First Amendment ................ 19 

12. Polk County Landscape and Irrigation Evaluation – First Amendment .................................. 20 


a. Flint Properties II, LLC and Trust (H674), Manatee and DeSoto Counties ...................... 21 

b. Hawk Produce, Inc. (H675), Hillsborough County ............................................................ 23 

c. Deshong Strawberry Patches, Inc. (H676), Hillsborough County .................................... 25 

d. Berry Patches, Inc. - Phase 2 (H677), Hillsborough County ............................................ 27 

e. Aprile Properties, LLC (H678), Hillsborough County ........................................................ 29 

14. Sarasota County – Englewood Community Redevelopment Area Stormwater 

Retrofit Project (N306) – Budget Transfer .............................................................................. 32 


15. Budget Transfer Report .......................................................................................................... 34 


16. Administrative, Enforcement and Litigation Activities that Require Governing Board Approval 

a. Interagency Agreement between the SFWMD and the SWFWMD – Designation 

of Regulatory Responsibility – Highland Farms – Highlands County ............................... 36 

b. Interagency Agreement between the SFWMD and the SWFWMD – Designation 

of Regulatory Responsibility – Santa Rosa Ranch II Wetland Restoration 

Project – Highlands County .............................................................................................. 40 

c. Initiation of Litigation – Surface Water Activity – Robert J. Colvin and Mary A. 

Colvin – Lake County ........................................................................................................ 44 

d. Settlement Agreement – SWFWMD v. Dollar Golf, Inc. and The Trails at Rivard 

Homeowners’ Association, Inc. (Civil Case No. CA11-2865) ............................................ 46 


a. Initiation and Approval of Rulemaking to Amend the Noticing Requirements 

Pursuant to the Issuance of a Water Shortage Declaration under Chapter 

40D-21, Florida Administrative Code (F.A.C.) ................................................................... 47 

b. Approval of Revised Rule Language to Amend Rule 40D-8.041, F.A.C., to Adopt 

Minimum Flows for the Lower Myakka River .................................................................... 49 


18. Annual Calendar of Fiscal Year 2012-13 Meeting Dates ....................................................... 54 

19. Approve Governing Board Minutes – June 26, 2012 Monthly Meeting .................................. 62

Consent Agenda 

July 31, 2012 


Consider Extending Modified Phase II Restrictions in Select Central Counties 

Item 6 

Executive Director Order No. SWF 2012-005 was signed into effect on May 9, 2012 due to 

rapidly deteriorating conditions in Hillsborough, Pasco and Pinellas counties. The Modified 

Phase II (Severe Water Shortage) restrictions specified by this emergency order are a 

combination of Phase II and Phase III provisions of the District’s Water Shortage Plan (Chapter 

40D-21, Florida Administrative Code), including recent amendments to the plan. These 

restrictions include: reducing lawn watering to a once-per-week schedule, following stricter 

watering hours, limiting fountains to four hours of operation, washing cars only once per week, 

limiting pressure washing for aesthetic purposes to once per year and requiring certain best 

management practices for other water uses. Also included in the order are more aggressive 

enforcement requirements which took effect May 23, 2012. 

Issuance of the Modified Phase II restrictions was ratified by the Governing Board on May 29, 

2012. 

Staff continues to monitor water resources and public supply storage in Hillsborough, Pasco and 

Pinellas counties to determine if any additional action is needed. As of July 9, 2012, in light of 

anticipated repairs to the C.W. Bill Young Regional Reservoir, it may be prudent to retain 

current modified Phase II restrictions. Staff will review another set of resource and supply data 

on July 23, 2012 and draft any applicable Order for the Board’s consideration. 



Governing Board’s meeting on July 31, 2012, consider extending the same provisions as 

Executive Director Order No. SWF 2012-005 in Hillsborough, Pasco and Pinellas counties 

through December 31, 2012. 

Presenter: Lois Ann Sorensen, M.B.A., Demand Management Program Manager 

2


July 31, 2012 


Consider Expiration of Modified Phase III Restrictions in Northern Counties 

Item 7 

The Governing Board approved Water Shortage Order No. SWF 2012-003, a Modified Phase III 

(Extreme Water Shortage) declaration, during its February 28, 2012 meeting. The Order 

implemented a once-per-week maximum lawn watering schedule and other Phase III provisions 

of the District’s Water Shortage Plan (Chapter 40D-21, Florida Administrative Code), including 

recent amendments to that phase of the plan. 

The Order affected five counties (Citrus, Hernando, Lake, Levy and Sumter) and two portions of 

a sixth county (the City of Dunnellon and The Villages in Marion County), and was originally 

scheduled to expire on June 30, 2012. However, during its meeting on June 26, 2012, the 

Governing Board extended the terms of the Order by one month in order to fully assess the 

water resource benefits provided by Tropical Storm Debby. 

Staff continues to monitor water resources and public supply status to determine if any 

additional action is needed. As of July 9, 2012, it appears that a modified Phase III response is 

no longer necessary. Staff will review another set of resource and supply data on July 23, 2012 

and draft any applicable Order for the Board’s consideration. 



Governing Board’s meeting on July 31, 2012, allow Water Shortage Order No. SWF 2012-003 

to expire on July 31, 2012, which means that Modified Phase I restrictions from Water Shortage 

Order No. SWF 2010-022 would go back into full force and effect in Citrus, Hernando, Lake, 

Levy and Sumter counties and two portions of Marion County. 

Presenter: Lois Ann Sorensen, M.B.A., Demand Management Program Manager 

3


July 31, 2012 


Individual Water Use Permits (WUPs) Referred to the Governing Board 

Item 8 


This is a new water use permit for agricultural use. Quantities are based on calculations using 

the District irrigation allotment calculation program, AGMOD, for irrigation of 1508 acres of row 

crop. The total quantities authorized under this permit are 1,189,100 gallons per day (gpd) 

annual average, 4,525,200 gpd peak month, and 1,266,800 gpd drought annual average. The 

authorized quantities will be withdrawn primarily from two existing wells completed in the Upper 

Floridan Aquifer. Alternative Water Supply sources are not available at this location at this time. 

Special Conditions include those that require the Permittee to report monthly meter readings; 

cap withdrawal DID No. 5 by January 1, 2013; implement water conservation and best 

management practices; modify the permit to reflect incorporation of any new alternative sources 

of water; submit seasonal crop reports; and comply with SWUCA recovery goals. 

The permit application meets all Rule 40D-2 Conditions for Issuance. 

Staff Recommendation: See Exhibit 

Approve the proposed permit attached as an exhibit. 

Presenter: Darrin Herbst, P.G., Water Use Permit Bureau Chief, Regulation Division 

4

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14


July 31, 2012 

Operations and Land Management Committee 

Item 9 

Utility Easement to Withlacoochee River Electric Cooperative for Utility Upgrades at the 


Purpose 

The purpose of this item is to recommend the Governing Board approve granting a utility 

easement to Withlacoochee River Electric Cooperative at the Weeki Wachee Springs State 

Park. 

Background/History 

The District acquired the Weeki Wachee Attraction from the City of St. Petersburg as part of a 

442-acre acquisition in 2001. Subsequent to acquisition, the District leased the existing 27-acre 

attraction to the Department of Environmental Protection’s State Parks Division. 

As part of State Park’s operations and maintenance, electrical service is being upgraded to 

meet current needs. That upgrade requires the installation of new underground electrical lines 

within the attraction boundary. 

The utility provider, Withlacoochee River Electric Cooperative, has requested the granting of a 

utility easement within which to place the new lines. The easement area encompasses 

0.155 acres within the park boundary, and allows the Cooperative to install, operate and 

maintain the new infrastructure. The easement is being granted at a consideration cost of $1. 

Benefits/Costs 

The granting of the easement will allow State Parks to enhance visitor services. There are no 

costs incurred by the District. 


Approve the utility easement to Withlacoochee River Electric Cooperative (SWF Parcel No. 

15-773-215X). 

Presenter: Will Miller, Land Use Program Evaluator, Land Management Section 

15

SWF Parcel No. 15-773-215X 

´ 

Legend 

CORTEZ CORTEZ BLVD BLVD 

Utility Easement 

State Parks Lease Area 

0 212.5 425 850 Feet 

16


July 31, 2012 


Item 10 

Implement Best Management Practices (BMPs) in the Brooker Creek Watershed in 

Improvement Areas 1, 2, 11 and Toniwoods South Outfall – First Amendment (N333) 

Purpose 

Request the Board’s authorization to amend the cooperative funding agreement with Pinellas 

County (County) to revise the scope of work at no additional cost for implementation of best 

management practices (BMPs) in the Brooker Creek watershed in improvement areas 1, 2, 11 

and Toniwoods South Outfall. 


The District and the County funded development of a Watershed Management Plan (Plan) for 

Brooker Creek which was completed in July 2010. The Plan included development of a 

computer model, and evaluation of conceptual BMPs that would improve the hydrology of 

wetlands in the Brooker Creek Preserve (Preserve) and provide additional flood protection in the 

Toniwoods subdivision. In a separate and coordinated effort, the County used the model to 

develop conceptual BMP designs specifically focused on the Toniwoods storm water 

management system. 

The District and the County entered into an agreement on April 27, 2011, to implement BMPs in 

the Brooker Creek watershed to improve the level of service in Toniwoods. The existing project 

consists of: 

1. Channel maintenance and removing downed trees, vegetation, and shoals hindering flow in 

the creek between Ridgemoor and Tarpon Woods Boulevard. 

2. Filling ditches, constructing weirs, and adding culverts at crossings on Lora Lane and the 

diagonal power-line in the Preserve. 

3. Increasing the capacity of the Toniwoods subdivision intermediate conveyance system by 

replacing existing pipes with larger sizes. 

The County is requesting the scope of work for the project be amended to refine the conceptual 

BMP design in Toniwoods subdivision, Item 3 above, and to defer implementing Items 1 and 2. 

Since execution of the original agreement, the County’s consultant developed a design that will 

provide increased flood protection more efficiently than the original concept. The refined BMP 

design includes construction of approximately 4,900 feet of storm sewer pipe, connections to 

the existing pipe, and an outfall. Implementing the refined design will improve the level of 

service in Toniwoods above the minimum County criteria. This will be accomplished without 

channel maintenance or implementing BMPs in the Preserve (items 1 and 2 above), at a cost 

equal to the total agreement funding amount. The County anticipates implementing the other 

two elements in the original scope through future agreements, contingent on obtaining 

easements and availability of funds. Implementing the other elements in the future would further 

improve flood protection in Toniwoods, and achieve water quality and wetland enhancements in 

the Preserve. 

The County will continue to manage the project. The County has acquired all construction 

permits and the construction documents are at the 60 percent level of completion. The County is 

scheduled to begin construction bidding in fall 2012. 

17

Item 10 


The total estimated cost of $1,926,000 is not changed by this amendment. The County and the 

Governing Board are each contributing 50 percent ($963,000). A copy of the first amendment is 

available upon request. 


Approve the first amendment to the agreement with Pinellas County to revise the scope of work; 

and authorize the Division Director to execute the amendment. 

Presenter: Kenneth R. Herd, P.E., Bureau Chief, Water Resources 

18


July 31, 2012 


Item 11 

Braden River Utilities Soil Moisture Sensor Rebate Program – First Amendment (N107) 

Purpose 

To request the Governing Board approve a first amendment to the cooperative funding 

agreement with Braden River Utilities, LLC (BRU) for the Braden River Utilities Soil Moisture 

Sensor Rebate Program. This amendment will change the Project Manager for the District, 

update contract language, refine the project’s budget, revise the project’s schedule and add an 

approved soil moisture sensor. This amendment does not change the total contracted amount. 


The District entered into a cooperative funding agreement on September 30, 2009, with BRU to 

provide rebates for the installation of up to 400 soil moisture sensor devices to control irrigation 

for existing and new residential and non-residential customers in Lakewood Ranch 

Development. BRU will monitor the water use and savings for approximately 16 homes, eight 

with and eight without soil moisture sensors, as part of the project evaluation to determine water 

savings. BRU decided after further independent investigation that the UgMO brand of soil 

moisture sensor would provide larger savings due to its ability to monitor multiple irrigation 

zones and requested that it be added to the list of approved soil moisture sensors. The project 

was delayed while BRU staff investigated the UgMO sensor and other necessary changes to 

the scope. As result of this delay, the project close-out date of December 31, 2013 will be 

extended to December 31, 2014. 


The total project cost is $200,000. The Manasota Basin approved $100,000 funding in fiscal 

year 2009. The District will reimburse BRU for 50 percent of all allowable costs in each Districtapproved 

invoice received from BRU in accordance with the Project Budget. The water savings 

benefit is to be determined. 

A copy of the amendment is available upon request. 


Approve the first amendment to the existing agreement with BRU to change the Project 

Manager for the District, update contract language, refine the project’s budget, revise the 

project’s schedule, and add an approved soil moisture sensor; and authorize the Division 

Director to execute the amendment. 


19


July 31, 2012 


Polk County Landscape and Irrigation Evaluation – First Amendment (N363) 

Item 12 

Purpose 

To request the Governing Board approve a first amendment to the cooperative funding 

agreement with Polk County (County) for the Polk County Landscape and Irrigation Evaluation 

project to update contract language; reduce the total project cost by $68,820; adjust the 

project’s schedule; increase the number of irrigation evaluations to 1,100; and adjust the scope 

of work to include the purchase and installation of 110 rain sensors on qualifying homes. 


The District entered into a cooperative funding agreement on January 18, 2012, with the County 

to evaluate irrigation systems for potable and reclaimed water customers to improve irrigation 

efficiency and conserve water. A contractor was hired by the County to perform the evaluations, 

distribute one conservation kit per appointment, and forward a copy of their report on 

recommendations for irrigation and landscape improvements to the participant and to the 

County. Follow-up evaluations will be performed on at least 10 percent of the participants 

approximately six months after the initial evaluations to determine if prescribed modifications 

have been implemented. In order to maximize efficiency, the County decided to cancel their 

Rain Sensor Rebate (N161) project and incorporate the installation of rain sensors into their 

irrigation evaluations. Due to lower costs associated with the evaluations, the District and 

County staff have managed to slightly increase the number of potential evaluations and include 

rain sensors, while reducing the total project costs by $68,820 or 27 percent. The project closeout 

date of December 31, 2014, will not be affected. 


The total cost of the project is $182,820 with the District’s and Polk County’s 50 percent share 

each being $91,410 in fiscal year 2012. The weighted cost benefit is $0.68 per thousand 

gallons. 

A copy of the amendment is available upon request. 


Approve the first amendment to the existing agreement with Polk County to update contract 

language; adjust the project’s schedule; increase the number of irrigation evaluations to 1,100; 

adjust the scope of work to include the purchase and installation of 110 rain sensors on 

qualifying homes; reduce the total cost of the project from $250,840 to $182,820, thereby 

reducing the District’s and the County’s funding obligation from $125,420 to $91,410; and 

authorize the Division Director to execute the amendment. 


20


July 31, 2012 


FARMS – Flint Properties II, LLC and Trust (H674), Manatee and DeSoto Counties 

Item 13.a. 

Purpose 

To request approval for a Facilitating Agricultural Resource Management Systems (FARMS) 

project with Flint Properties II, LLC and Trust and approval to reimburse FARMS eligible costs 

up to a not-to-exceed limit of $151,507 (45 percent of total project costs). Of this amount, 

$151,507 is requested from Governing Board FARMS Funds. Total project costs are estimated 

at $333,419. 

Project Proposal 

The District received a project proposal from Flint Properties II, LLC and Trust for their 

1,300-acre citrus, row crop and strawberry farm located 13 miles west of Arcadia, on the 

Manatee and DeSoto County line, within the Southern Water Use Caution Area (SWUCA). This 

project will involve the construction and operation of a 4-acre reservoir to collect tailwater and 

surface water from the property and surrounding watershed to offset Upper Floridan aquifer 

groundwater used for bed preparation, crop establishment and supplemental irrigation over 

40 acres of citrus and 180 acres of strawberries and/or row crops. The Water Use Permit 

(WUP) authorizes an annual average groundwater withdrawal of 784,800 gallons per day (gpd) 

for 40 acres of citrus, 200 acres of strawberries and 200 acres of row crops with low volume 

under tree spray, sprinkler and seepage irrigation, respectively. FARMS project components 

consist of a surface water irrigation pump station, filtration system, culvert and the piping 

necessary to connect the surface water reservoir to the existing irrigation system. The applicant 

has been approved for funding assistance from the USDA-Natural Resources Conservation 

Service’s Environmental Quality Incentive Program for excavation of the surface water reservoir 

and a portion of the culvert costs and meets the requirements of FARMS Rule 40D-26, Florida 

Administrative Code (F.A.C.). 


The proposed project involves water quantity best management practices for bed preparation, 

crop establishment, and supplemental irrigation and qualifies for a 50 percent cost-share 

reimbursement rate under the FARMS Program since it is expected to offset the use of 

groundwater by less than 50 percent. Using an estimated 26 percent savings of permitted 

quantities for bed preparation, crop plant establishment, and daily irrigation, or 205,254 gpd, 

yields a daily cost of $1.02 per thousand gallons of groundwater reduced over the proposed 

five-year contract term, and $0.31 per thousand gallons of groundwater reduced over a 30-year 

term. This value is within the guidelines for the generally accepted average cost savings per 

thousand gallons for the implementation of alternative supplies for strawberry, flatwood citrus 

and row crop operations. Reimbursement will be from the Governing Board FARMS 

Fund. Upon approval, the Governing Board will have $1,914,592 remaining in its FARMS 

Program budget. 


(1) Approve the Robert Flint project for a not-to-exceed project reimbursement of $151,507 with 

$151,507 provided by the Governing Board; 

(2) Authorize the transfer of $151,507 from fund 010 H017 Governing Board FARMS Funds to 

the 010 H674 Robert Flint project fund; and 


Presenter: Eric C. DeHaven, P.G., Bureau Chief, Natural Systems and Restoration 

21


July 31, 2012 


FARMS – Hawk Produce, Inc. (H675), Hillsborough County 

Item 13.b. 

Purpose 


project with Hawk Produce, Inc. and approval to reimburse FARMS eligible costs up to a not-toexceed 

limit of $33,600 (75 percent of total project costs). Of this amount, $33,600 is requested 

from the Governing Board FARMS Fund. Total project costs are estimated at $44,800. The 

project is located within the Dover/Plant City Water Use Caution Area (DPCWUCA) and will 

result in a reduction of groundwater used for frost/freeze crop protection. 


The District received a project proposal from Hawk Produce, Inc., for their 20 acre strawberry 

farm located about one mile south of Plant City in eastern Hillsborough County, within the 

DPCWUCA and Alafia River Basin. This project will involve the use of frost/freeze cover cloth 

on 15 acres of strawberries to offset Upper Floridan aquifer groundwater quantities used for cold 

protection. The Water Use Permit (WUP) authorizes cold protection groundwater withdrawals of 

1,628,600 gallons per day (gpd) to frost/freeze protect 15 acres of strawberries with overhead 

sprinkler irrigation. FARMS project components consist of 15 acres of frost cloth cover, 

deployment materials, and an enclosed shelter for off-season storage. 


The proposed project involves alternatives to using groundwater for frost/freeze protection 

within the DPCWUCA. Therefore, the project qualifies for a 75 percent cost-share 

reimbursement rate under the FARMS Program rule (40D-26, F.A.C.). Using an estimated 

70 percent saving of permitted quantities for cold protection on the 15-acre project area is 

expected to offset 1,140,000 gpd, yielding a cost of $1.57 per thousand gallons of groundwater 

reduced over the proposed three-year contract term, and $0.30 per thousand gallons of 

groundwater reduced over a thirty-year term. This value is within the guidelines for the 

generally accepted average cost savings for the implementation of alternative frost/freeze 

methods. Reimbursement will be from the Governing Board FARMS Fund. Upon approval, the 

Governing Board will have $1,914,592 remaining in its FARMS Program budget. 


(1) Approve the Hawk Produce, Inc. project for a not-to-exceed project reimbursement of 

$33,600 with $33,600 provided by the Governing Board; 

(2) Authorize the transfer of $33,600 from fund 010 H017 Governing Board FARMS funds to the 

010 H675 Hawk Produce, Inc. project fund; and 



23

WALLACE WALLACE RD 

DRAWDY RD 

DRAWDY RD 

RAIN FROG LN 

RAIN FROG LN 

Plant City Plant City 

500 

MUD MUD LAKE LAKE RD RD 

WORTH WORTH DR DR 

MUD LAKE RD 

MUD LAKE RD 

HOLLOWAY RD 

Feet 

Location Map 

Hawk Produce, Inc 

FARMS Project - (H675) 

HEATHCOE RD 

HOLLOWAY RD 

BUGG RD 

UV 60 

BIRD BIRD RD RD SS 

CASSELS RD 

CASSELS RD 

PIPPIN PIPPIN RD RD 

S ARMOR ARMOR RD 

0 0.5 1 Miles 

!. Well 1 

Project 

Site 

24 

JAMES JAMES L L REDMAN REDMAN PKY PKY 

KARPPE RD 

") 39 

Legend 

^_ 

District Boundary 

WUP - 20004716.003 

Hillsborough County 

μ 

DLB 06/1/2012 

2010 Aerial 

2009 NAVTEQ


July 31, 2012 


FARMS – Deshong Strawberry Patches, Inc. (H676), Hillsborough County 

Item 13.c. 

Purpose 


project with Deshong Strawberry Patches, Inc. and approval to reimburse FARMS eligible costs 

up to a not-to-exceed limit of $44,700 (75 percent of total project costs). Of this amount, 

$44,700 is requested from the Hillsborough River Basin FARMS Fund. Total project costs are 

estimated at $59,600. The project is located within the Dover/Plant City Water Use Caution 

Area (DPCWUCA) and will result in a reduction of groundwater used for frost/freeze crop 

protection. 


The District received a project proposal from Deshong Strawberry Patches, Inc., for its 52 acre 

strawberry farm located about one mile west of Plant City in northeastern Hillsborough County, 

within the DPCWUCA and Hillsborough River Basin. This project will involve the use of 

frost/freeze cover cloth on 20 acres of strawberries to offset Upper Floridan aquifer groundwater 

quantities used for cold protection. The Water Use Permit (WUP) authorizes cold protection 

groundwater withdrawals of 2,016,000 gallons per day (gpd) to frost/freeze protect 25 acres of 

strawberries with overhead sprinkler irrigation, and 12 acres of citrus with microjet irrigation. 

FARMS project components consist of 20 acres of frost cloth cover, deployment materials, and 

an enclosed shelter for off-season storage. 





70 percent saving of permitted quantities for cold protection on the 20-acre project area is 





methods. Reimbursement will be from the Hillsborough River Basin FARMS funds. Upon 

approval, the Hillsborough River Basin will have $580,324 remaining in its FARMS Program 

budget. 


(1) Approve the Deshong Strawberry Patches, Inc. project for a not-to-exceed project 

reimbursement of $44,700 with $44,700 provided by the Hillsborough River Basin Fund; 


funds to the 013 H676 Deshong Strawberry Patches, Inc. project fund; and 



25

SETH LN 

CORK CORK RD RD 

KNIGHTS GRIFFIN RD W 

HOLBROOK HOLBROOK RD 

MILEY MILEY RD RD 

SHEPHERD RD 


Location Map 

Deshong Strawberry Patches, Inc 


YOUNG YOUNG RD RD 

AMANDA DR 

AMANDA DR 

VARN VARN RD 

CAPRICORN CAPRICORN LN 

KEENE KEENE RD RD 

MCGEE RD 

JAMES MELVIN DR 

Row Cover 

Project Area 

(20 acres) 

Well 1 

Well 2 

!. 

SPARKY LN 

SPARKY LN 

SLEEPY HOLLOW LN 

SLEEPY HOLLOW LN 

Project 

Site 

MERRIN RD 

MERRIN RD 

RICHTER LN 

!. 

Plant City 

MCLIN DR 

0 1 Miles 

26 

Well 3 

1,000 

Hwy 39 

Feet 

Legend 

^_ 


WUP - 20007812.001 


μ 

DLB 06/1/2012 

2010 Aerial 

2009 NAVTEQ


July 31, 2012 


FARMS – Berry Patches, Inc. - Phase 2 (H677), Hillsborough County 

Item 13.d. 

Purpose 


project with Berry Patches, Inc. and approval to reimburse FARMS eligible costs up to a not-toexceed 

limit of $49,800 (75 percent of total project costs). Of this amount, $49,800 is requested 

from the Governing Board FARMS Fund. Total project costs are estimated at $66,400. The 

project is located within the Dover/Plant City Water Use Caution Area (DPCWUCA) and will 

result in a reduction in groundwater used for frost/freeze crop protection. 


The District received a project proposal from Berry Patches, Inc., for a second phase of their 

67.1 acre strawberry farm located about one mile east of Dover in eastern Hillsborough County, 

within the DPCWUCA and Alafia River Basin. This Phase 2 project will involve the use of 

frost/freeze cover cloth on 25.7 acres of a 38.5-acre strawberry operation to offset Upper 

Floridan aquifer groundwater quantities used for cold protection. Phase 1, served by FARMS 

project H612, similarly consists of frost/freeze cover cloth over the other 12.8 acres of 

strawberries on the Water Use Permit (WUP). The Phase 1 frost/freeze cover cloth project 

became operational in January and was deployed during the January 3 and 4, and February 13, 

2012 freeze events which resulted in no frost/freeze protection groundwater withdrawals used 

over this covered 12.8 acres yielding an estimated 1.2 million gallons per day (gpd) of 

groundwater savings. The Water Use Permit (WUP) authorizes cold protection groundwater 

withdrawals of 5,488,098 gpd to frost/freeze protect 38.5 acres of strawberries with overhead 

sprinkler irrigation. FARMS project components for Phase 2 consist of 25.7 acres of frost cloth 

cover, deployment materials, and an enclosed shelter for off-season storage. 





70 percent saving of permitted quantities for cold protection on the 25.7-acre project area is 





methods. Reimbursement will be from the Governing Board FARMS Fund. Upon approval, the 

Governing Board will have $1,914,592 remaining in its FARMS Program budget. 


(1) Approve the Berry Patches, Inc. - Phase 2 project for a not-to-exceed project reimbursement 

of $49,800 with $49,800 provided by the Governing Board; 

(2) Authorize the transfer of $49,800 from fund 010 H017 Governing Board FARMS funds to the 

010 H677 Berry Patches, Inc. – Phase 2 project fund; and 



27

Dover 

DOVER AVE 

DOVER AVE 

HAYNES RD 

E CLINTON CLINTON ST 

NELSON NELSON AVE AVE 

PETTIE PETTIE RD RD 

LAKE LAKE AVE AVE 

DOWNING ST 

SYDNEY SYDNEY DOVER DOVER RD RD 

Well 1 

!. 

BETHLEHEM RD RD 

Existing 

Row Cover 

Project Area 

(12.8 acres) 

1,000 

Location Map 

Berry Patches, Inc - Phase 2 


SUMNER RD RD 

JORDAN JORDAN RD 

TANNER RD RD 

Well 4 !. 

RMD AVE 

PAUL MYERS MYERS LN 

!. Well 2 

S S FORBES FORBES RD RD 

MAYO LN 

0 0.5 1 Miles 

Feet 

Project 

Site 

28 

WILKINSON WILKINSON DR DR 

DOWNING ST 

Plant City 

REECE RD 

REECE RD 

SYDNEY SYDNEY RD 

VICKERY LN 

VICKERY LN 

Phase 2 

Row Cover 

Project Area 

(25.7 acres) 

Legend 

^_ 


WUP - 20003313.008 


μ 

DLB 06/1/2012 

2010 Aerial 

2009 NAVTEQ


July 31, 2012 


FARMS – Aprile Properties, LLC (H678), Hillsborough County 

Item 13.e. 

Purpose 


project with Aprile Properties, LLC (under multiple LLCs) and approval to reimburse FARMS 

eligible costs up to a not-to-exceed limit of $103,575 (75 percent of total project costs). Of this 

amount, $103,575 is requested from the Hillsborough River Basin FARMS Fund. Total project 

costs are estimated at $138,100. The project is located within the Dover/Plant City Water Use 

Caution Area (DPCWUCA) and will result in a reduction in groundwater used for frost/freeze 

crop protection. 


The District received a project proposal from Daniel, Joseph, and Ronald Aprile (Aprile 

Properties, LLC), for their 71.5-acre strawberry farm located about five miles east of Plant City, 

in eastern Hillsborough County, within the DPCWUCA and Hillsborough River basin. This 

project will involve the expansion and operation of a 1.9-acre reservoir to collect tailwater and 

surface water from the property and surrounding watershed to offset Upper Floridan aquifer 

groundwater used for bed preparation, crop establishment, supplemental irrigation and cold 

protection for 24 acres of strawberries. The Water Use Permit (WUP) authorizes an annual 

average groundwater withdrawal of 83,500 gallons per day (gpd) and a cold protection 

groundwater quantity of 2,576,000 gpd for 24 acres of strawberry and 24 acres of spring 

vegetables with drip tubing and overhead spray. There is no reported pumpage, as the 

permitted quantity is less than 100,000 gpd, which is the threshold for reporting pumpage. 

FARMS project components consist of a surface water irrigation pump station, filtration system, 

the piping necessary to connect the surface water reservoir to the existing irrigation system and 

culverts to direct runoff and tailwater into the pond. 


The proposed project involves water quantity best management practices for bed preparation, 

crop establishment, supplemental irrigation and alternatives to using groundwater for 

frost/freeze protection within the DPCWUCA. Therefore, the project qualifies for a 75 percent 

cost-share reimbursement rate under the FARMS Program rule (40D-26, F.A.C.). Using an 

estimated 34 percent savings of permitted groundwater quantities for cold protection is expected 

to offset 865,400 gpd, yielding a cost of $1.83 per thousand gallons of groundwater reduced 

over the proposed five-year contract term, and $0.55 per thousand gallons of groundwater 

reduced over a thirty-year term. This value is within the guidelines for the generally accepted 

average cost savings for the implementation of alternative frost/freeze methods. In addition, this 

project will reduce withdrawals from the Upper Floridan aquifer for bed preparation, crop plant 

establishment and daily irrigation. Using an estimated 40 percent savings of permitted 

groundwater quantities for bed preparation, crop plant establishment, and daily irrigation, or 

33,400 gpd, yields a daily cost of $2.60 per thousand gallons of groundwater reduced over the 

proposed five-year contract term, and $0.78 per thousand gallons of groundwater reduced over 

a thirty-year term. This value is within the guidelines for the generally accepted average cost 

savings per thousand gallons for the implementation of alternative supplies and improved 

irrigation techniques for strawberry operations. Reimbursement will be from the Hillsborough 

29

Item 13.e. 

River Basin FARMS funds. Upon approval, the Hillsborough River Basin will have $580,324 

remaining in its FARMS Program budget. 


(1) Approve the Aprile Properties, LLC project for a not-to-exceed project reimbursement of 

$103,575 with $103,575 provided by the Hillsborough River Basin Fund; 


funds to the 010 H678 Aprile Properties, LLC project fund; and 



30

") 579 

£¤ 301 

MAIN ST 

KNIGHTS GRI FIN RD 

0 0.5 1 2 

Miles 

MCINTOSH RD 

MCINTOSH RD 

MADDOX DR 

SERGI SERGI CT 

Location of pond 

expansion 

Surface water 

pump station 

0 0.1 0.2 0.4 

Miles 

Location Map 

Aprile Properties, LLC 


MCINTOSH RD 

MCINTOSH RD 

# 

# 


THONOTOSASSA RD 

GODDARD RD 

HARVEY WALDEN DR 

GALLAGHER RD 

GALLAGHER RD 

SLOWPOKE LN LN 

£¤ 92 

N N FORBES FORBES RD RD 

CHARRO CHARRO LN LN 

KINARD RD 

31 

TODD TODD ACRES ACRES LN 

SAM 

Legend 

^_ 

WUP 2013296.002 

# Surface water pump station 

Pond Expansion 


μ 

RRC 06/20/2012 

2011 Aerial 

2009 NAVTEQ


July 31, 2012 


Item 14 

Sarasota County – Englewood Community Redevelopment Area Stormwater Retrofit 

Project (N306) – Budget Transfer 

Purpose 

The purpose of this item is to request authorization to transfer $1,290,000 from the Sarasota 

County Cow Pen Slough Weir Construction Project (N342) to the Sarasota County Englewood 

Community Redevelopment Area (CRA) Stormwater Retrofit Project (N306) to match the 

County’s share of construction costs. 


The purpose of the Englewood CRA Stormwater Retrofit Project (N306) is to construct a 

stormwater retrofit system to provide stormwater treatment for both the existing development in 

the Englewood commercial district as well as future redevelopment. Untreated stormwater 

runoff from 51 acres currently discharges directly into the Lemon Bay Aquatic Preserve (an 

Outstanding Florida Water). This project will provide stormwater treatment and eliminate or 

minimize direct runoff into Lemon Bay. The project will utilize Low Impact Development (LID) 

technologies, such as bioswales, pervious pavement, and stormwater harvesting to improve the 

quality of stormwater within the commercial district. 

In December 2009, the County submitted a fiscal year (FY) 2011 cooperative funding 

application for this project requesting $750,000 for partial construction. In August 2010, the 

County received all required permits along with final construction plans and detailed cost 

estimates. Cost estimates indicated that the total cost of the project was $7,500,000. The 

County then requested the District fund an additional $3,000,000, to be matched by the County, 

in FY2012 to complete construction. The funding request was approved, but at a reduced 

amount of $1,500,000 due to funding constraints. 

In August 2011, the District and the County entered into a cooperative funding agreement for 

the Englewood CRA Stormwater Retrofit project including funding of $2,250,000 each for a total 

of $4,500,000 based on the District’s available funding. The project construction was advertised 

for bid in May 2012 and bids were received in June 2012 with the lowest responsive bid at 

$7,080,000 ($420,000 under original engineers estimate). The County is requesting the District 

contribute an additional $1,290,000 toward the cost of complete construction (Distict total of 

$3,540,000; $7,080,000 split equally). 

The project is shovel-ready and the County’s funding share for 50 percent of the total cost is in 

place. Transferring the additional $1,290,000 of District funding from the Cow Pen Slough Weir 

Construction Project (N342) will allow the County to proceed with bid award and commence 

construction in late summer of 2012. 

The Cow Pen Slough Weir Construction Project is a component of the Dona Bay Watershed 

Management Plan. The County requested $1,792,091 of District funding for project construction 

(total project construction cost of $3,584,182), was approved and included in the FY2012 

budget. The County advertised the project for bid, but suspended it when adjacent landowners 

raised concerns to the Sarasota County Board of County Commissioners in early 2012 about 

32

Item 14 

potential flooding. The County is currently pursuing a feasibility study to reexamine alternate 

projects. The FY2012 budgeted fund will not be spent this fiscal year. 

Impact If Not Transferred 

If funds are not transferred construction of the Englewood CRA Stormwater Retrofit Project 

(N306) will be delayed and may not proceed. 


(1) Approve the transfer of $1,290,000 from the Sarasota County Cow Pen Slough Weir 

Construction Project (N342) to the Sarasota County Englewood CRA Stormwater Retrofit 

Project (N306); and 

(2) Authorize the Resource Management Division Director to execute the amendment to the 

Sarasota County Englewood CRA Stormwater Retrofit Project (N306). 


33


July 31, 2012 

Finance and Administration Committee 

Budget Transfer Report 

Item 15 

Purpose 

Request approval of the Budget Transfer Report covering all budget transfers made during the 

month of June 2012. 

Background 

In accordance with Board Policy No. 130-8, Budget Authority Transfer of Funds, all transfers 

approved by the Executive Director and Finance Bureau Chief under delegated authority are 

regularly presented to the Finance and Administration Committee for approval on the Consent 

Agenda at the next scheduled meeting. The exhibit for this item reflects all such transfers 

executed since the date of the last report for the Committee's approval. 


Approve the Budget Transfer Report covering all budget transfers for June 2012. 

Presenter: Linda R. Pilcher, Assistant Bureau Chief, Finance 

34

35 

Item 

No. 

--- TRANSFERRED FROM --- 

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT 

Budget Transfer Report 

June 2012 

--- TRANSFERRED TO --- 

Bureau / Bureau / 

Expenditure Category Expenditure Category 

Reason For Transfer 

Executive Director Approved 

General Fund: 

1 6Operations & Land Management 6Operations & Land Management Transfer of funds originally budgeted for structure controls technology upgrades parts and $ 5,500 

5201 Parts and Supplies 6403 Equipment - Outside 

supplies. Funds were needed to replace a failed gear box on Channel G structure gates. 

2 5Water Resources 5Water Resources Transfer of funds originally budgeted for the upper Peace River Watershed Management 

25,000 

3111 Consultant Services 3413 Photogrammetry 

Plan. The project will be completed for less than budgeted. Funds were required for aerial 

imagery for portions of Citrus, Hernando, and Pasco counties to identify areas of flooding 

caused by Tropical Storm Debby. 

Total Executive Director Approved $ 30,500 

Finance Bureau Chief Approved 

1 5Water Resources 5Water Resources Transfer of budgeted funds to the appropriate expenditure category for the Watershed $ 2,000 

3111 Consultant Services 8101 Grant - Financial Assistance Management Program - Marion - Lake Stafford East Watershed project. Marion County will 

be the lead agency for the project. 

2 0Human Resources & Risk Mgmt 0Information Technology Transfer of budgeted funds to appropriate departments for the INROADS Student Program. 

8,364 

3424 Temp Contracted Services 1201 Regular Salaries & Wages 

2101 FICA 

3 0Human Resources & Risk Mgmt XVarious Departments Transfer of budgeted funds to appropriate departments for the Student Intern Program. 

33,989 

1201 Regular Salaries & Wages 1201 Regular Salaries & Wages 

2101 FICA 2101 FICA 

Total Finance Bureau Chief Approved $ 44,353 

Total Transfers for Governing Board Approval $ 74,853 

This report identifies transfers made during the month that did not require advance Governing Board approval. These transfers have been approved by either the Executive 

Director or Finance Bureau Chief consistent with Board Policy 130-8, and are presented for Governing Board approval on the consent agenda. Executive Director approved 

transfers are made for a purpose other than the original budget intent, but are limited to individual transfer amounts of $50,000 or less. Finance Bureau Chief approved transfers 

are accounting type transfers with no change to the original budget intent. 

Transfer 

Amount


July 31, 2012 


Item 16.a. 

Administrative, Enforcement and Litigation Activities that Require Governing Board Approval 

Interagency Agreement between the SFWMD and the SWFWMD – Designation of 

Regulatory Responsibility – Highland Farms – Highlands County 

Highland Farms, Inc. is preparing design plans for water quality improvement best management 

practices in conjunction with the Florida Department of Agriculture and Consumer Services 

(“FDACS”) on its property located in Section 36, Township 36 South, Range 28 East and 

Section 31, Township 36 South, Range 29 East in Highlands County (the “Project”). Although 

the Project is partially located within the jurisdictional boundaries of the South Florida Water 

Management District (“SFWMD”) and the Southwest Florida Water Management District 

(“SWFWMD”), the property is located within the Northern Everglades and Estuaries Program 

boundary and discharges to the Fisheating Creek basin, within the Lake Okeechobee 

Watershed and within the jurisdictional boundaries of SFWMD. In addition, a conservation and 

access easement on the property has been granted in favor of SFWMD. 

Section 373.046(6), Florida Statutes, authorizes a water management district to designate, 

through an interagency agreement, regulatory responsibility to another water management 

district over a project located within the jurisdictional boundaries of both districts. Because the 

entire property discharges to the SFWMD, both Districts agree that responsibility should be 

assumed by the South Florida Water Management District for review and issuance of an ERP 

for the entirety of the Project. An interagency agreement approved by both District Governing 

Boards is necessary to authorize SFWMD to issue an ERP to the applicant for the entire 

Project. 

SFWMD’s Governing Board approved this Interagency Agreement at its June 14, 2012 meeting. 


Approve the Interagency Agreement between the South Florida Water Management District and 

the Southwest Florida Water Management District for Designation of Regulatory Responsibility 

for Highland Farms, Inc. in Highlands County. 

Presenter: Amy Wells Brennan, Senior Attorney 

36


July 31, 2012 


Item 16.b. 


Interagency Agreement between the SFWMD and the SWFWMD – Designation of 

Regulatory Responsibility – Santa Rosa Ranch II Wetland Restoration Project – 


Lightsey Cattle Company, Inc. is preparing design plans for the expansion of an existing 

wetland restoration project on its property known as Santa Rosa Ranch II located within 

Sections 13, 14, 15, 22, 23, and 24, Township 33 South, Range 29 East in Highlands County. 

The wetland restoration project is part of the Wetlands Reserve Program administered by the 

United States Department of Agriculture, Natural Resources Conservation Service (“NRCS”) 

that was permitted by the South Florida Water Management District (“SFWMD”) under Permit 

Number 28-00643-P. Although the Project is partially located within the jurisdictional 

boundaries of SFWMD and the Southwest Florida Water Management District (“SWFWMD”), 

the property is located within the Northern Everglades and Estuaries Program boundary and 

discharges to the Arbuckle Creek basin, within the Lake Okeechobee Watershed and within the 

jurisdictional boundaries of SFWMD. In addition, the proposed activities include the expansion 

of an existing NRCS Wetland Reserve Program Easement included under SFWMD Permit 

Number 28-00643-P. 

Section 373.046(6), Florida Statutes, authorizes a water management district to designate, 

through an interagency agreement, regulatory responsibility to another water management 

district over a project located within the jurisdictional boundaries of both districts. Because the 

entire property discharges to the SFWMD, both Districts agree that responsibility should be 

assumed by the South Florida Water Management District for review and issuance of an ERP 

for the entirety of the Project. An interagency agreement approved by both District Governing 

Boards is necessary to authorize SFWMD to issue an ERP to the applicant for the entire 

Project. 

SFWMD’s Governing Board approved this Interagency Agreement at its June 14, 2012 meeting. 


Approve the Interagency Agreement between the South Florida Water Management District and 

the Southwest Florida Water Management District for Designation of Regulatory Responsibility 

for the Santa Rosa Ranch II Wetlands Restoration Project located in Highlands County. 

Presenter: Amy Wells Brennan, Senior Attorney 

40


July 31, 2012 


Item 16.c. 


Initiation of Litigation – Surface Water Activity – Robert J. Colvin and Mary A. Colvin - 

Lake County 

On November 8, 2008, the District received a complaint from the Florida Department of 

Environmental Protection concerning wetland dredging and filling on property located in Lake 

County (Property) and owned by Robert and Mary Colvin (Owners). On December 12, 2008, 

District staff visited the Property and observed dredging impacts to approximately 1.29 acres of 

forested wetlands and filling impacts to approximately 9.91 additional acres of forested wetlands 

(activities). No Environmental Resource Permit (ERP) had been issued to authorize these 

activities. On January 22, 2009, the District issued a Notice of Unauthorized Construction to the 

Owners. Subsequent to the issuance of the Notice of Unauthorized Construction, District 

regulatory staff met with the Owners and discussed what would be necessary for restoration of 

the impacts to the Property, but the Owners did not restore the Property or apply for an ERP. 

On February 4, 2010, a Notice of Violation and proposed consent order were issued to the 

Owners. The proposed consent order required that an ERP be obtained or the Property be 

restored and assessed penalties and costs totaling $222,431 as follows: 

$220,431 – for wetland impacts resulting in 7.3477 units of functional loss calculated using 

UMAM and valued at $30,000 per acre for forested wetlands; and 

$2,000 – the standard cost assessment for unauthorized construction. 

Upon receipt of the proposed consent order, the Owners contacted the District and arranged a 

meeting with District staff. On October 7, 2010, during the meeting with District staff, the 

acreage amounts of the impacts were revised based on the Owners’ assertion that much of the 

dredging activity was maintenance to a pre-existing ditch system. In addition, some of the 

acreage amount for the filling activities included piles of fill material which were in existence on 

the Property when the Owners purchased the Property. District staff also discussed with the 

Owners what would be necessary to restore the Property and what information would be 

needed to possibly justify a reduction of the proposed penalty. On October 14, 2010, a revised 

proposed consent order was issued to the Owners reflecting revised acreage amounts, and 

assessed penalties and costs totaling $167,687 as follows: 

$165,687 – for wetland impacts resulting in 5.5229 units of functional loss calculated using 

UMAM and valued at $30,000 per acre for forested wetlands; and 


District staff did not receive any response to the revised proposed consent order, nor did the 

Owners request to meet with District staff again to discuss restoration of the Property or the 

possible reduction of the proposed penalty. Staff prepared to request authorization to initiate 

litigation against the Owners at the December 14, 2010, Governing Board meeting, but the item 

was pulled from consideration due to the fact that the Owners hired counsel and expressed 

interest in resolving the matter. 

44

Item 16.c. 

On October 21, 2011, the District requested that the Florida Department of Agriculture and 

Consumers Services (FDACS) make a binding determination, pursuant to Section 373.406(2), 

Florida Statutes, as to whether the activities on the Property were exempt (agricultural 

exemption). FDACS issued its binding determination on or about January 3, 2012, finding that 

the dredging and filling to the northern area of the Property was exempt from District jurisdiction 

since the activities occurred before 1984, but that the dredging and filling to the southern portion 

of the Property occurred after 1984 and did not meet the requirements of the agricultural 

exemption. Neither the District nor the Owners challenged FDACS’ binding determination and it 

is now FDACS’ final agency action. 

On January 23, 2012, the Owners proposed removing a portion of the fill from the wetland in the 

southern portion of the Property. On March 12, 2012, a revised proposed consent order was 

sent to the Owners reflecting revised acreage amounts pursuant to FDACS’ final agency action, 

and assessing penalties and costs totaling $62,300, with the option to off-set the penalties for 

restoring the Property to conditions above and beyond the original condition of the wetlands: 

$60,300 – for wetland impacts resulting in 2.01 units of functional loss calculated using UMAM 

and valued at $30,000 per acre for forested wetlands; and 


In response to the revised proposed consent order, the Owners contacted the District and 

arranged for a meeting at the Property to discuss the restoration requirements. On April 20, 

2012, District staff met with the Owners at the Property, walked the southern portion of the 

Property, and discussed options for restoration and the ability to off-set the penalty amount. 

Since the site visit, District staff have followed up with the Owners in an effort to resolve this 

matter, but have not received any response. District staff again prepared to request 

authorization to initiate litigation against the Owners at the June 26, 2012, Governing Board 

meeting, but the item was pulled from consideration due to the fact that the Owners had a 

doctor’s appointment that could not be rescheduled. The District informed the Owners that the 

item would be moved to the July Governing Board meeting unless a settlement could be 

reached in the interim. The District has not received any correspondence from the Owners in 

response. 


Authorize the initiation of litigation against Robert and Mary Colvin and any other appropriate 

parties to obtain compliance, to recover an administrative fine/civil penalty for the violations, and 

to recover District enforcement costs, court costs and attorney’s fees. 

Presenter: Ronni Moore, Senior Attorney 

45


July 31, 2012 


Item 16.d. 


Settlement Agreement – SWFWMD v. Dollar Golf, Inc. and The Trails at Rivard 

Homeowners’ Association, Inc. (Civil Case No. CA11-2865) – Hernando County 

On December 19, 2011, the District filed a Complaint and Petition to Enforce in the Circuit Court 

of Hernando County, Florida, seeking penalties and costs, and compliance with the District’s 

Final Order entered on November 9, 2011, Final Order No. SWF 11-023, (the litigation history is 

provided in the General Counsel’s Litigation Report). The District’s Final Order requires Dollar 

Golf, Inc. (Dollar Golf) and The Trails at Rivard Homeowners’ Association, Inc. (Trails at Rivard) 

to repair the sinkhole in Retention Pond M. Since the filing of this Complaint and Petition to 

Enforce, the District, Dollar Golf and the Trails at Rivard (the parties) have continuously worked 

to resolve this matter without further litigation. 

To that end, the District has reviewed and approved the geotechnical report recommendations 

for repairs to the sinkhole provided by the Trails at Rivard. Dollar Golf and the Trails at Rivard 

have agreed to and entered into contracts to repair the sinkhole in accordance with the 

geotechnical recommendations the District approved. The parties have negotiated and agreed 

to enter into a Settlement Agreement, which requires Dollar Golf and the Trails at Rivard to 

repair the sinkhole within sixty days of approval of the Settlement Agreement by the District’s 

Governing Board and to submit an engineering certification that the repair was completed in 

accordance with the geotechnical recommendations within fourteen days of the sinkhole being 

repaired. The Settlement Agreement also requires Dollar Golf to pay penalties and costs in the 

amount of $10,200.00 and for the Trails at Rivard to pay penalties and costs in the amount of 

$2,550.00. 


Approve the Settlement Agreement between the Southwest Florida Water Management District, 

Dollar Golf, Inc. and The Trails at Rivard Homeowners’ Association. 

Presenter: Ronni Moore, Senior Attorney 

46


July 31, 2012 


Rulemaking 

Item 17.a. 

Initiation and Approval of Rulemaking to Amend the Noticing Requirements Pursuant to 

the Issuance of a Water Shortage Declaration under Chapter 40D-21, Florida 

Administrative Code (F.A.C.) 

Upon the issuance of a Water Shortage Declaration, Section 373.246(6), Florida Statutes, 

requires the governing board to “notify each permittee in the district by regular mail of any 

change in the condition of his or her permit, or any suspension of his or her permit or of any 

other restriction on the permittee’s use of water for the duration of the water shortage.” To 

implement the statute, the District adopted subsection 40D-21.275(3), F.A.C., which requires 

the District to send a Notice of Water Shortage to “each Permittee located in the affected area,” 

upon the issuance of a Water Shortage Declaration. Staff subsequently determined that, by 

noticing each Permittee in an affected area, the District was unnecessarily expending resources 

notifying Permittees that were not affected by the Water Shortage Declaration. 

The proposed rulemaking will amend Rule 40D-21.275, F.A.C., to provide that the District will 

only send a Notice of Water Shortage by regular U.S. mail to those Permittees whose permits 

will be affected or whose permitted water use will otherwise be restricted by a Water Shortage 

Declaration. The proposed amendments are included as Exhibit A. 

This is new rulemaking as indicated by the highlighted step in the Rulemaking Process chart 

included below. Upon Governing Board approval, staff will proceed with the changes, in 

accordance with the process described on the chart, without further Governing Board action, 

unless substantive public comment is received or substantive changes are proposed, in which 

case the matter will be brought back before the Governing Board for additional consideration. 


Initiate and approve rulemaking to amend Rule 40D-21.275, F.A.C., to clarify that the District will 

issue a Notice of Water Shortage by regular mail to each Permitee whose permit will be affected 

or whose permitted water use will otherwise be restricted by the issuance of a Water Shortage 

Declaration and authorize staff to make any necessary clarifying or technical changes that may 

result from the rulemaking process. 

Presenter: Laura Donaldson, General Counsel 

47

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48


July 31, 2012 


Rulemaking 

Item 17.b. 

Approval of Revised Rule Language to Amend Rule 40D-8.041, F.A.C., to Adopt Minimum 

Flows (MFLs) for the Lower Myakka River 

At its December 20, 2011 meeting, the Governing Board approved the initiation of rulemaking 

and proposed rule language to amend Rule 40D-8.041, F.A.C., to adopt minimum flows (MFLs) 

for the Lower Myakka River. Copies of the December 2011 Governing Board Recap and 

previously approved rule language are attached as Exhibits B and C. As the approved rule 

language was being finalized for publication, District staff determined that the language could be 

simplified to clarify the intent and application of the rule. 

The revised rule language (Exhibit A) removes historical background and technical references 

that are unnecessary and are included in the technical report supporting the MFL. Language 

detailing how flows to the lower river from the Upper Myakka River have increased due to 

changes in the upper river was also determined to be unnecessary, as was language describing 

the water budget model used by the District to estimate excess flows. Additionally, the revised 

language clarifies the MFL by defining the term “adjusted flow” within the rule. Lastly, the 

revised language removes ambiguity regarding the periodic updating of excess flow estimates. 

Upon Governing Board approval of the revised language, staff will notify the Governor’s Office 

of Fiscal Accountability and Regulatory Reform (OFARR) and proceed with rulemaking without 

further Governing Board action. If substantive comments are received from the public or 

reviewing entities such as OFARR or the Joint Administrative Procedures Committee, this 

matter will be brought back to the Governing Board for consideration. 

Staff Recommendation: See Exhibits 

Approve the revised rule language amending Rule 40D-8.041, F.A.C., to adopt minimum flows 

for the Lower Myakka River and authorize staff to make any necessary clarifying or technical 

changes that may result from the rulemaking process. 


49

40D-8.041 Minimum Flows. 

EXHIBIT A – Updated Proposed Rule Language 

(1) – (5) No change. 

(6) Minimum Flows for Myakka River. 

(a) Upper Myakka River 

(a) – (c) are renumbered 1. – 3. 

(b) Lower Myakka River 

1. The Minimum Flows are necessary to ensure that the minimum hydrologic requirements 

of the water resources or ecology of the natural systems associated with the Lower Myakka 

River are met. The Lower Myakka River extends from the outlet of Lower Myakka Lake to the 

mouth of the river at Charlotte Harbor. 

2. The Lower Myakka River receives flows from the Upper Myakka River sub-basin at the 

location of the USGS gage Myakka River near Sarasota No. 02298830 (the “Myakka Gage”) 

that are in excess of the naturally occurring flows. The District will remove the excess flows at 

rates between 0 and 130 cfs in the upper river sub-basin in order to restore natural flows. 

3. The Minimum Flow for the Lower Myakka River at the Myakka Gage is 90% of the 

adjusted flow, when the adjusted flow exceeds 400 cfs. The adjusted flow at the Myakka Gage 

shall be calculated by adding the flows measured at the Myakka Gage and the excess flows 

removed by the District from the Upper Myakka River. 

(7)-(15) No change. 

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.036, 373.0361, 

373.042, 373.0421 FS. History–Readopted 10-5-74, Amended 12-31-74, Formerly 16J-0.15, 

40D-1.601, Amended 10-1-84, 8-7-00, 2-6-06, 4-6-06, 1-1-07, 11-25-07, 2-18-08, 3-2-08, 5-12- 

08, 5-10-09, 3-23-10, 3-28-10, 7-12-10, 8-2-10 (8), 8-2-10 (15),_______. 

50


December 20, 2011 

Exhibit B – Dec. 2011 GB Recap 

Consent Item 

Initiation and Approval of Rulemaking to Amend Rule 40D-8.041, Florida Administrative Code, 

to Adopt Minimum Flows for Lower Myakka River and Accept Report (B115) 

Purpose 

To request the Board initiate and approve rulemaking to amend Rule 40D-8.041, Florida 

Administrative Code, to adopt minimum flows for the Lower Myakka River and accept the report, 

"Determination of Minimum Flows for the Lower Myakka River" dated December 2011. 


At the August 2010 meeting, staff submitted a draft report recommending minimum flows for the 

Lower Myakka River to the Governing Board. The report was then submitted to an independent 

scientific peer review panel (Panel) for voluntary review. The Panel was composed of three 

scientists who have extensive experience in hydrology, ecology and freshwater inflow 

relationships of tidal river estuaries. The Panel’s charge was to review the validity of the 

technical approach used by the District and determine if the proposed minimum flows are 

supported by the data, procedures, and the analyses employed. The Panel submitted their 

report on December 10, 2010. Staff performed additional analyses recommended by the Panel 

and incorporated these findings into the final minimum flows report. 

The Lower Myakka River extends 33 miles from the outlet of Lower Myakka Lake to the mouth 

of the river at Charlotte Harbor. Flows to the lower river from the upper Myakka River have risen 

significantly since the late 1970s due to the effects of increased agricultural land and water use 

in the upper river sub-basin. Increased flows have also resulted in a large tree die-off in the 

Flatford Swamp. In response to these issues, the District initiated the Myakka River Watershed 

Initiative (MRWI) that includes options to reduce the amount of excess water that enters the 

river. As part of this effort, the District funded the development of a highly detailed continuous 

simulation water budget model of the upper river. This model has produced estimates of excess 

water the river receives due to changes in the physical, land, and water use characteristics of 

the upper river sub-basin. An average of 31 million gallons per day (mgd) of excess water 

flowed to the lower river from the upper river sub-basin during the study period (2004-2010). 

The Lower Myakka River is affected by tides over most of its reach and comprises a valuable 

estuarine system that provides habitat and nursery function for a wide array of fish and wildlife 

species associated with the Charlotte Harbor estuary. Two major physical alterations 

downstream of Lower Myakka Lake have acted to reduce freshwater flow to, or divert water 

away, from the Lower Myakka River. The first was the diversion of the Cowpen Slough drainage 

basin away from the Myakka River to Dona Bay in the first half of the 20 th century. The second 

was the construction of the Blackburn Canal, which extends from the channel of the Lower 

Myakka River to Roberts Bay near Venice. The Blackburn Canal diverts water away from the 

Myakka River, equaling about 11 percent of the total flow the lower river receives from the upper 

river sub-basin. To some extent, the increased flows from the upper river sub-basin have 

counteracted the effects of flow losses from the lower river due these two structural alterations. 

Given this combination of factors, the minimum flows project assessed the effects of reducing or 

eliminating the excess flows the lower river receives from the upper river sub-basin. Because 

the lower river is currently a very healthy ecosystem, the existing conditions in the river were 

considered the baseline from which to measure environmental change. This approach was 

51

endorsed by the Panel and the Charlotte Harbor National Estuary Program. Also, in response to 

review comments from these parties, the District constructed a historical hydrologic regime for 

the river to give perspective on the river’s natural hydrology. 

The minimum flows analysis found that removal of the excess flows would not cause significant 

harm to the lower river during periods of medium and high flows. However, during low flows, 

removal of the excess flows would cause appreciable changes in some key ecological variables 

in the lower river. Considering all historical alterations, the low flows of the river have 

experienced a net increase, so the changes that would result from removing the excess flows 

are not as pronounced when measured against more natural historical flow conditions. 

Considering all factors, the minimum flows analysis concluded that withdrawals from the Lower 

Myakka River should not exceed the removal of the excess flows until flows at the Myakka River 

gage near Sarasota exceed a rate of 400 cubic feet per second (cfs). The removal of excess 

flows should also be capped at a rate of 130 cfs (84 mgd). When flows at the Myakka River near 

Sarasota gage exceed 400 cfs, 10 percent of the flow at the gage will be available for 

withdrawal. For this purpose, the calculation of 400 cfs flow at the gage will add any excess 

water that has been removed to the flow at the gage reported by the USGS. 

In summary, staff finalized the August 2010 draft MFL by performing additional analyses 

recommended by the Panel. This revised District report, dated December 2011, is attached as 

Exhibit “A” and is available on the District's website. The proposed rule language for 

establishment of the MFL for the Lower Myakka River is attached as Exhibit “B.” 


The minimum flows discussed seek to assure that the natural resources associated with the 

Lower Myakka River are protected from significant harm from withdrawals. The proposed MFL 

regime takes into account the City of North Port’s permitted withdrawals. A Statement of 

Estimated Regulatory Costs (SERC) is not required as this rulemaking is not expected to result 

in any direct or indirect cost increases for small businesses or increase regulatory costs in 

excess of $200,000 within one year of implementation. Ratification by the Legislature also is not 

necessary for this rulemaking as it is not expected to increase certain legislatively identified 

costs in excess of $1 million in the aggregate within five years after the implementation of the 

rule. 

Upon Governing Board approval of the proposed minimum flows, staff will submit notice to the 

Governor’s Office of Fiscal Accountability and Regulatory Reform (OFARR) and proceed with 

formal rulemaking without further Governing Board action. If substantive comments are received 

from the public or reviewing entities such as OFARR or the Joint Administrative Procedures 

Committee, this matter will be brought back to the Governing Board for consideration. 

Staff Recommendation: See Exhibits 

Initiate and approve rulemaking to amend Rule 40D-8.041, Florida Administrative Code, to 

adopt minimum flows for the Lower Myakka River; and accept the Minimum Flows report 

entitled, "The Determination of Minimum Flows for the Lower Myakka River" dated December 

2011. 

Presenter: Sid Flannery, Chief Environmental Scientist 

Resource Projects Department 

B115 Lower Myakka River MFL RMC MSF.doc 

7/10/2012 2:06 PM 

cc: Ecologic Evaluation Section Project File 

PRJ File 

52

40D-8.041 Minimum Flows. 

EXHIBIT C – Previously Approved Rule Language 

(1) – (5) No change. 

(6) Minimum Flows for Myakka River. 

(a) Upper Myakka River 

(a) – (c) are renumbered 1. – 3. 

(b) Lower Myakka River 

1. The Minimum Flows are to ensure that the minimum hydrologic requirements of the water 

resources or ecology of the natural systems associated with the Lower Myakka River are met. 

The Lower Myakka River extends from the outlet of Lower Myakka Lake to the mouth of the 

river at Charlotte Harbor. 

2. The Lower Myakka River receives flows from the Upper Myakka River sub-basin at the 

location of the USGS gage Myakka River near Sarasota No. 02298830 (the “Myakka Gage”) 

that are in excess of the naturally occurring flows. Flows to the lower river from the Upper 

Myakka River have increased since the late 1970s due to changes in land and water use in the 

upper river sub-basin. Based on a continuous water budget model of the upper river sub-basin, 

the District has estimated excess flow rates at the Myakka Gage. The District will periodically 

update the excess flow estimates and may pursue initiatives to remove the excess flows up to a 

rate of 130 cfs in the upper river sub-basin in order to restore natural flows. 

(c) The Minimum Flow for the Lower Myakka River at the Myakka Gage is 90% of the flow 

that exceeds 400 cfs. The 400 cfs at the Myakka Gage shall be calculated by adding the flows 

measured at the Myakka Gage and the excess flows, if any, removed by the District from the 

Upper Myakka River. 

(7)-(15) No change. 

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.036, 373.0361, 

373.042, 373.0421 FS. History–Readopted 10-5-74, Amended 12-31-74, Formerly 16J-0.15, 

40D-1.601, Amended 10-1-84, 8-7-00, 2-6-06, 4-6-06, 1-1-07, 11-25-07, 2-18-08, 3-2-08, 5-12- 

08, 5-10-09, 3-23-10, 3-28-10, 7-12-10, 8-2-10 (8), 8-2-10 (15),_______. 

53


July 31, 2012 


Annual Calendar of Fiscal Year 2012-13 Meeting Dates 

Item 18 

The District is required to follow Florida Statute Chapter 189 concerning meeting notices. The 

Statute requires that the District submit an annual meeting calendar to all the Clerks of Court in the 

District by September 15 of each year. The Statute further requires that if a meeting date, time or 

location changes after the annual calendar has been sent to the Clerks of Court, the District is 

required to purchase a legal advertisement in area newspapers to notice the change from the 

originally published calendar. 

Highlights of the proposed calendar include the following: 

• Governing Board Meetings and Public Hearings 

• Advisory Committee and Permitting Advisory Group Meetings 

• Task Force Meetings 

• Public Meetings for Pending Permits 


Approve the FY2012-13 annual Board meeting calendar. 

Presenter: Lou Kavouras, Bureau Chief, Board and Executive Services 

54


ANNUAL MEETING CALENDAR 

October 2012 – September 2013 

Monday Tuesday Wednesday Thursday Friday 

October 2012 

1 2 3 4 5 

HCTF 3:30 pm (DH) 

Public Meeting for 

Pending Permit 

Applications 

9 am (TSO) 

8 9 10 11 12 

CCTF 2 pm (LGB) WDAC 1:30 pm (TSO) 

15 16 17 18 19 

Citrus/Hernando 

Waterways Restoration 

Council Mtg 9 am (DH) 

EAC 1:30 pm (TSO) 

22 23 24 25 26 

HOLIDAY 

Office Closed/ 

Veteran's Day 

29 30 31 November 1 2 


9 am (TSO) 


November 2012 

5 6 7 8 9 



Applications 

9 am (TSO) 

12 13 14 15 16 

Joint IAC/PSAC ERPAG 10 am (TSO) 

1 pm (TSO) 

WUPAG 2 pm (TSO) 

19 20 21 22 23 

HOLIDAY 


Thanksgiving 

HOLIDAY 

Office Closed 

26 27 28 29 30 


9 am (LEBH) 

Key to Boards, Committees, Groups, Meeting Locations D R A F T 

and other abbreviations are at the end of this document. �/��/2012 

Page 1 of 7 

55

SWFWMD Annual Meeting Calendar 

October 2012– September 2013 (continued) 

HOLIDAY 

Office Closed 


December 2012 

3 4 5 6 7 



Applications 

9 am (TSO) 

Joint AAC/GIAC 

9am TSO 

10 11 12 13 14 

17 18 19 20 21 


9 am (DH) 

24 25 26 27 28 

HOLIDAY 

Office Closed 


January 2013 

31 1 2 3 4 

HOLIDAY 


New Year’s Day 



Applications 

9 am (TSO) 

7 8 9 10 11 

HCTF 3:30 pm (DH) WDAC 1:30 pm (TSO) 

14 15 16 17 18 


CCTF 2 pm (LGB) 

21 22 23 24 25 

HOLIDAY 


Dr. M. L. King, Jr., Day 

28 29 30 31 February 1 


9 am (TSO) 


and other abbreviations are at the end of this document. 7/13/2012 

Page 2 of 7 

56




February 2013 

4 5 6 7 8 



Applications 

9 am (TSO) 

11 12 13 14 15 

Joint IAC/PSAC 

1 pm (TSO) 

18 19 20 21 22 

25 26 27 28 March 1 


9 am (SSO) 


March 2013 

4 5 6 7 8 

HCTF 3:30 pm (DH) Public Meeting for 


Applications 

9 am (TSO) 

11 12 13 14 15 

CCTF 2 pm (LGB) Joint AAC/GIAC 

9 am (TSO) 

18 19 20 21 22 

25 26 27 28 29 

Governing Board ERPAG 10 am (TSO) 

9 am (DH) 




Page 3 of 7 

57




April 2013 

1 2 3 4 5 



Applications 

9 am (TSO) 

8 9 10 11 12 

WDAC 1:30 pm (TSO) 

15 16 17 18 19 


22 23 24 25 26 

29 30 May 1 2 3 


9 am (TSO) 



Applications 

9 am (TSO) 


May 2013 

6 7 8 9 10 

HCTF 3:30 pm (SCEC) 

13 14 15 16 17 

CCTF 2 pm (LGB) Joint IAC/PSAC 

1 pm (TSO) 

HOLIDAY 


Memorial Day 

20 21 22 23 24 


9 am (DH) 

27 28 29 30 31 



Page 4 of 7 

58




June 2013 

3 4 5 6 7 



Applications 

9 am (TSO) 

10 11 12 13 14 


9 am (TSO) 

17 18 19 20 214 

24 25 26 27 28 


9 am (TSO) 


July 2013 

1 2 3 4 5 

HCTF 3:30 pm (DH) 



Applications 

9 am (TSO) 

HOLIDAY 


Independence Day 

8 9 10 11 12 

CCTF 2 pm (LGB) WDAC 1:30 pm (TSO) 

15 16 17 18 19 


22 23 24 

ERPAG 10 am (TSO) 


25 26 

29 30 31 August 1 2 


9 am (TVSC) 



Page 5 of 7 

59




August 2013 

5 6 7 8 9 



Applications 

9 am (TSO) 

12 13 14 15 16 

Joint IAC/PSAC 

1 pm (TSO) 

19 20 21 22 23 

26 27 28 29 30 


9 am (DH) 


September 2013 

HOLIDAY 


Labor Day 

2 3 4 5 6 

HCTF 3:30 pm (SCEC) Public Meeting for 


Applications 

9 am (TSO) 

9 10 11 12 13 

CCTF 2 pm (TBD) Gov Bd Tentative 

Budget Hearing 

6pm (TSO) 


9 am (TSO) 

16 17 18 19 20 

23 24 25 26 27 

30 


9 am (TSO) 

Gov Bd Final 

Budget Hearing 

6pm (TSO) 

October 1 2 3 4 



Page 6 of 7 

60



Key to Committees, Discussion Groups and Task Forces 

Meetings are held at the Tampa Service Office (TSO) unless otherwise stated. 

Advisory Committees: Advisory Groups: 

AAC - Agricultural ERPAG - Environmental Resource Permitting 

EAC - Environmental WUPAG - Water Use Permitting 

GIAC - Green Industry 

IAC - Industrial Task Forces: 

PSAC - Public Supply CCTF - Citrus County 

WDAC - Well Drillers HCTF - Hernando County 

Key to SWFWMD Office Locations 

DH - District Headquarters 2379 Broad Street, Brooksville 34604-6899 

SSO - Sarasota Service Office 6750 Fruitville Road, Sarasota 34240-9711 

TSO - Tampa Service Office 7601 US Highway 301 North, Tampa 33637-6759 

Key to Other Meeting Locations 

LEBH - Lake Eva Banquet Hall 799 Johns Avenue, Haines City 33844 

LGB - Lecanto Government Building 3600 West Sovereign Path, Lecanto 34461-7727 

SCEC - Springs Coast Environmental Center 9170 Cortez Boulevard, Weeki Wachee 34613 

TVSC - The Villages Savannah Center 1545 Buena Vista Boulevard, The Villages 32162 

Key to Abbreviations 

Mtg - Meeting 

Subcomte - Subcommittee 

TBD - To Be Determined 

W/S - Workshop 

Page 7 of 7 

61 

D R A F T 

�/��/2012


July 31, 2012 


Approve Governing Board Minutes – June 26, 2012 Monthly Meeting 


Approve the minutes as presented. 

Presenter: Blake C. Guillory, Executive Director 

62 

Item 19

MINUTES OF THE MEETING 

GOVERNING BOARD 


THE VILLAGES,FLORIDA JUNE 26, 2012 

The Governing Board of the Southwest Florida Water Management District (SWFWMD) met for 

its regular meeting at 10:05 a.m. on June 26, 2012, at the Savannah Center (1545 N. Buena 

Vista Boulevard) located within The Villages. The following persons were present: 

Board Members Present 

H. Paul Senft, Chair 

Hugh Gramling, Vice Chair 

Douglas B. Tharp, Secretary 

Jeffrey M. Adams, Member 

Carlos M. Beruff, Member 

Bryan K. Beswick, Member 

Neil Combee, Member 

Randall S. Maggard, Member 

Judith C. Whitehead, Member 

Board Member(s) participated via phone 

Albert G. Joerger, Treasurer 

Michael A. Babb, Member 

Jennifer E. Closshey, Member 

Todd Pressman, Member 

A list of others present who signed the attendance roster is filed in the permanent records of the 

District. This meeting was available for viewing through internet streaming. Approved minutes 

from previous meetings can be found on the District's Web site (www.WaterMatters.org). 

PUBLIC HEARING (Video – 00:00) 


Chair Senft called the meeting to order at 10:05 a.m. and opened the public hearing. 

Mr. Tharp noted a quorum was present. 

Public Hearing 

Chair Senft introduced each member of the Governing Board. He noted that the Board’s 

meeting was recorded for broadcast on government access channels, and public input was only 

taken during the meeting onsite. 

Chair Senft stated that anyone wishing to address the Governing Board concerning any item 

listed on the agenda or any item that does not appear on the agenda should fill out and submit a 

speaker's card. To assure that all participants have an opportunity to speak, a member of the 

public may submit a speaker’s card to comment on agenda items only during today's meeting. 

If the speaker wishes to address the Board on an issue not on today's agenda, a speaker’s card 

may be submitted for comment during "Public Input." Chair Senft stated that comments would 

be limited to three minutes per speaker, and, when appropriate, exceptions to the three-minute 

limit may be granted by the Chair. He also requested that several individuals wishing to speak 

on the same issue/topic designate a spokesperson. 

The order of consideration was altered. 

Staff Members 

Blake C. Guillory, Executive Director 

Laura J. Donaldson, General Counsel 

Robert R. Beltran, Assistant Executive Director 

David T. Rathke, Chief of Staff 

Kurt P. Fritsch, Division Director 

Mark A. Hammond, Division Director 

Michael L. Holtkamp, Division Director 

Alba E. Más, Division Director 

Board’s Administrative Support 

LuAnne Stout, Administrative Coordinator 

63

Minutes of the Meeting June 26, 2010 

SWFWMD Governing Board Page 2 of 13 


Mr. Guillory noted that items that have been added to the agenda were received by the 

District or deleted after publication of the regular agenda. The Board has been provided 

with information and District staff’s analyses of these matters. District staff recommends 

that good cause has been demonstrated, and these items should be considered during 

this Board meeting. 

CONSENT AGENDA 


The following item is deleted from consideration: 

17.a. Initiation of Litigation – Surface Water Activity - Robert J. Colvin and Mary A. Colvin – 

Lake County 

The following item is added for the Board’s consideration: 

� Settlement Agreement – SWFWMD v. Steven P. Coscia and Becky G. Coscia, et. al 

(Parcel No. 20-503-117-P) 

GENERAL COUNSEL’S REPORT 

The following item is moved to the Resource Management Committee for consideration: 

51. Central Florida Water Resource Development Project Partnership 

The following item is deleted from consideration: 

50. Lake Region Lakes Management District Request to Transfer Ownership of the P-5, 

P-6, P-7 and P-8 Water Control Facilities in Polk County 

The Board had no objections to the amended agenda. 


Mr. Rathke offered the invocation. Chair Senft led the Pledge of Allegiance to the Flag of 

the United States of America. 

4. Oath of Office for Reappointed Governing Board Member Paul Senft 

Ms. Lou Kavouras, Bureau Chief, Board and Executive Services, administered the Oath of 

Office to Mr. Paul Senft who was reappointed by Governor Scott to continue serving his 

term on the District’s Governing Board. (Track 1 – 00:00/03:29) 

5. Welcoming Comments and Overview of The Villages 

Mr. Tharp introduced Mr. Trey Arnett, Utility Engineer for The Villages, who provided an 

overview of water conservation and community outreach. Ms. Whitehead noted that The 

Villages is a great success story and encouraged Board members to tour the area. Chair 

Senft voiced his appreciation of the hospitality shown. (Track 2 – 00:00/11:46) 

6. Public Input for Issues Not Listed on the Published Agenda (Video A – 21:45) 

Chair Senft noted that one speaker card was submitted. 

Mr. Jim Stickel, resident of The Villages, asked about enforcement regarding sinkholes 

and homeowners’ responsibility to repair homes. He also questioned the regulation of 

pressure washing during a water shortage. (Track 3 – 00:00/03:00) 

Ms. Más responded that the District does not have jurisdiction over sinkholes and 

residents pressure washing their homes is restricted to once per year. She noted that 

commercial pressure washing businesses are not restricted since they typically use less 

water. Mr. Guillory said that pressure washing is allowed if there is a health issue 

involved. (Track 3 – 03:00/05:45) 

CONSENT AGENDA (Video – 24:52) 

Item 17.a. was deleted from consideration and a settlement agreement (Parcel No. 

20-503-117-P) was added to the General Counsel’s Report. 

64





Staff recommended the Board approve the Budget Transfer Report covering all budget 

transfers made during the month of May 2012. 

8. Facilitating Agricultural Resource Management Systems (FARMS) Program – 

Budget Transfer 

Staff recommended the Board approve the transfer of $2,000,000 from the cancelled City 

of Punta Gorda’s Brackish Groundwater Reverse Osmosis project (H087) budgeted in 

Governing Board funds to the FARMS Program (H017) for future funding of agricultural 

best management practices consistent with FARMS Rule 40D-26, Florida Administrative 

Code. 

9. Amend the Fiscal Year 2011-12 Annual Service Budget to Merge the Former Basin 

Budgets into the District’s General (Operating) Fund Budget 

Staff recommended the Board approve Resolution No. 12-06, Amendment of the Fiscal 

Year 2011-12 Annual Service Budget, to eliminate the individual FY2011-12 Basin 

budgets totaling $283,132,462 and to increase the District’s FY2011-12 General Fund 

(Operating Fund) budget by the same amount, $283,132,462, to reflect the 2011 merger 

of the seven Basins with the District. 

10. Information Technology Bureau (ITB) – Computer Network Infrastructure Upgrades 

Staff recommended to authorize a transfer of $178,300 of prior year encumbrances 

originally allocated to expanding Business Objects reporting software and $18,700 of the 

$95,000 in FY2012 funds originally intended to upgrade the Bartow Service Office 

Governing Board video equipment to purchase the hardware required to support the 

upgrade of existing wireless network and core network switch equipment. These funds will 

supplement available existing ITB hardware and software maintenance funds. Total 

amount to be transferred is $197,000 and total cost for the upgrades is $233,600. 


11. Consider Fourth Amendment to Districtwide Modified Phase I Restrictions 

Staff recommended the Board approve the Fourth Amendment to Water Shortage Order 

No. SWF 2010-022, extending the terms of the Order through December 31, 2012. 

12. Consider First Amendment to Modified Phase III Restrictions in Northern Counties 

Staff recommended the Board approve the First Amendment to Water Shortage Order 

No. SWF 2012-003, extending the terms of the Order through July 31, 2012. 

13. Individual Water Use Permits (WUPs) 

a. WUP No. 20011167.006 - Layline Land, LLC / Coffee Pond Farm (Manatee 

County) 

This is a renewal with modification of an existing water use permit for agricultural use. 

The annual average quantity increases from 1,208,900 gallons per day (gpd) to 

2,941,400 gpd; the peak month quantity increases from 2,187,200 gpd to 6,793,500 

gpd; and a crop protection quantity of 1,344,000 gpd is added. There is no change in 

Use Type from the previous revision. Staff recommended the Board approve the 

proposed permit included as an exhibit in the Board’s meeting materials. 

b. WUP No. 20012018.007 - McClure Properties, Ltd. / McClure Rutland (Manatee 

County) 

This is a renewal with modification of an existing Individual water use permit (WUP) for 

agriculture. The annual average quantity increases from 2,101,900 gpd to 2,258,900 

gpd, and the peak month quantity is reduced from 4,108,700 gpd to 4,103,500 gpd. 

There is no change in Use Type from the previous revision. Staff recommended the 

Board approve the proposed permit included as an exhibit in the Board’s meeting 

materials. 

65



c. WUP No. 20020281.000 - TDM Enterprises, LLC / TDM Sumter County (Sumter 

County) 

This is a new water use permit for agricultural use for irrigation of 190 acres of sod. 

The standard annual average quantity is 508,900 gpd and the peak month quantity is 

1,399,900 gpd. Quantities are based on calculations using the District irrigation 

allotment calculation program (AGMOD). The Permittee is not using Alternative Water 

Supply sources because none are available at this location at this time. Staff 

recommended the Board approve the proposed permit included as an exhibit in the 

Board’s meeting materials. 

d. WUP No. 20002981.018 - City of Clearwater / City of Clearwater Public Supply 

(Pinellas County) 

This is a modification of an existing public supply water use permit for the development 

of a new brackish groundwater source for a second reverse osmosis facility at the City 

of Clearwater's Water Treatment Plant No. 2 (RO2). The RO2 Facility is an Alternative 

Water Supply (AWS) project under a Cooperative Funding Agreement (N176) with the 

District. As provided for in Section 373.236(5) of the Florida Statutes, this permit 

extends the permit duration to coincide with the City’s funding of the AWS project 

through 30-year capital improvement bonds. There is no change in Use Type from the 

previous revision. Staff recommended the Board approve the proposed permit 

included as an exhibit in the Board’s meeting materials. 


14. Englewood Reclaimed Water Supply – First Amendment 

Staff recommended the Board approve the first amendment to the existing agreement with 

the Englewood Water District to modify the scope by eliminating the supplemental 

reclaimed water supply well; reduce the total cost of the project from $260,000 to 

$100,000 and proportionately reduce the District’s obligation from $130,000 to $50,000; 

extend the contract termination date from June 30, 2012, to December 31, 2012; and 

authorize the Resource Management Division Director to execute the amendment. 

15. Authorize Submission of Preliminary Flood Insurance Rate Maps (FIRMs) to the 

Federal Emergency Management Agency (FEMA) 

a. Sarasota County 

Staff recommended the Board authorize submission of the preliminary Sarasota 

County Flood Insurance Rate Maps (FIRMS) to the Federal Emergency Management 

Agency (FEMA). 

b. Manatee County – Gamble Creek 

Staff recommended the Board authorize submission of the preliminary Flood Insurance 

Rate Maps (FIRMs) for the Gamble Creek watershed in Manatee County to the 

Federal Emergency Management Agency (FEMA). 


Staff recommended the Board: 

a. Family Dynamics, Inc. (H663), DeSoto County 

(1) Approve the Family Dynamics, Inc. project for a not-to-exceed project 

reimbursement of $574,724 with $32,609 provided by Peace River Basin Funds 

and $542,115 provided by the Governing Board; 

(2) Authorize the transfer of $32,609 from fund 020 H017 Peace River Basin FARMS 

Funds and $542,115 from fund 010 H017 Governing Board FARMS Funds to the 

H663 Family Dynamics, Inc. project fund; and 

(3) Authorize the Director, Resource Management Division to execute the agreement. 

b. FLM, Inc. – Prairie River Ranch – Phase 3 (H673), DeSoto County 

(1) Approve the FLM, INC. - Prairie River Ranch - Phase 3 project for a not-to-exceed 

project reimbursement of $225,000 provided by the Governing Board; 

(2) Authorize the transfer of $225,000 from fund 010 H017 Governing Board FARMS 

Funds, to the H673 FLM, INC. – Prairie River Ranch – Phase 3 project fund; and 


66



c. Keysville Road Plant City, LLC – Phase 2 (H672), Hillsborough County 

(1) Approve the Keysville Road Plant City, LLC – Phase 2 project for a not-to-exceed 

project reimbursement of $41,370 with $10,966 provided by Alafia River Basin 

Fund and $30,404 provided by the Governing Board; 

(2) Authorize the transfer of $10,966 from fund 011 H017 Alafia River Basin FARMS 

funds and $30,404 from fund 010 H017 Governing Board FARMS funds to the 

H672 Keysville Road Plant City, LLC – Phase 2 project fund; and 


d. CPM2, Inc. – Amendment (H658), Pasco County 

(1) Approve the CPM2, Inc. project for an increase in the not-to-exceed project 

reimbursement of $9,685 with $9,685 provided by the Hillsborough River Basin 

Fund; 

(2) Authorize the transfer of $9,685 from fund 013 H017 Hillsborough River Basin 

FARMS funds to the H658 CPM2, Inc. project fund; and 


e. Luna Berry Farm, LLC – Amendment (H671), Polk County 

(1) Approve the Luna Berry Farm, LLC project for an increase in the not-to-exceed 

project reimbursement of $236,250 with $236,250 provided by the Governing 

Board; 

(2) Authorize the transfer of $236,250 from fund 010 H017 Governing Board FARMS 

funds to the H671 Luna Berry Farms, LLC project fund; and 



17. Administrative, Enforcement and Litigation Activities that Require Governing Board 

Approval 

a. Initiation of Litigation – Surface Water Activity - Robert J. Colvin and Mary A. 

Colvin – Lake County – This item was deleted from consideration. 

ADD-ON ITEM: 

Settlement Agreement – SWFWMD v. Steven P. Coscia and Becky G. Coscia, 

et al (Parcel No. 20-503-117-P) 

Staff recommended the Board approve the settlement agreement whereby the District 

will pay the owners $845,493 for the easement necessary for implementation of the 

Project. 

18. Rulemaking – None 


19. Approve Governing Board Meeting Minutes – May 22, 2012 

Staff recommended the Board approve the minutes as presented. 

Mr. Gramling moved, seconded by Mr. Tharp, to approve the Consent Agenda as 

amended. Motion carried unanimously. (Track 4 – 00:00/00:47) 

Chair Senft relinquished the gavel to Regulation Committee Vice Chair Tharp who called the 

Committee meeting to order. 

FINANCE &ADMINISTRATION COMMITTEE (Video – 25:42) 


20. Consent Item(s) Moved for Discussion – None 

21. Independent Auditor Selection 

Mr. Daryl Pokrana, Finance Bureau Chief, said the purpose of this request is to initiate the 

process to obtain proposals, evaluate firms, and select an independent auditor to perform 

the agency’s annual financial audit in accordance with Florida Statutes and industry best 

practices. 

67



Staff recommended the Board approve issuance of Request for Proposal with 

modifications, if necessary, for negotiations to be made pursuant to state statute. 

Mr. Tharp moved, seconded by Mr. Maggard, to approve the staff recommendation 

as presented. Motion carried unanimously. (Track 5 – 00:00/03:16) 

Chair Senft appointed three Board members to serve as the Audit Subcommittee to 

review, evaluate and rank proposals: Mr. Joerger, Mr. Tharp and Ms. Closshey. 

Chair Senft noted that these Board members volunteered to serve on the Subcommittee. 

Chair Senft then asked Mr. Beruff to serve as the Board’s representative to conduct 

negotiations with qualified firms. Mr. Beruff accepted and Chair Senft appointed 

him as the Board’s representative. (Track 5 – 03:16/05:23) 

22. Presentation of Fiscal Year (FY) 2012-13 Recommended Annual Service Budget 

Mr. Fritsch noted that staff has submitted the FY2012-13 Recommended Annual Service 

Budget (RASB) for consideration by the Governing Board as required by statute. He 

provided an overview of the RASB for FY2012-13, and an update on the changes that 

have been made since the May 22, 2012 meeting. 

In response to Mr. Beruff’s inquiry, Mr. Fritsch said there is a statute to choose relatively 

risk-free investments and the Treasurer’s Report shows current balances. He said staff 

will analyze options for interest earnings and report to the Board next month. 

Staff recommended the Board authorize preparation of the Standard Format Tentative 

Budget Submission based on the RASB, adjusted for any modification made by the 

Governing Board on June 26 and changes in estimated ad valorem revenue based on the 

July 1 certifications of taxable value. 

Following discussion, Mr. Gramling moved, seconded by Mr. Maggard, to approve the 

staff recommendation as presented. Motion carried unanimously. (Track 6 – 

00:00/23:57) 

23. Board Travel 

Ms. Kavouras said Governing Board Members Senft, Joerger and Closshey have 

requested to attend the July 17-20, 2012 Environmental Permitting Summer School. Chair 

Senft noted there is a Florida Department of Environmental Protection and water 

management districts meeting on July 16. 

Following consideration, Mr. Gramling moved, seconded by Mr. Adams, to approve 

travel expenses to attend the Environmental Permitting Summer School. Motion 

carried unanimously. 



The following items were provided for the Committee’s information, and no action was required. 



26. Monthly Cash Balances by Fiscal Year 

Finance and Administration Committee Vice Chair Tharp adjourned the Committee meeting and 

relinquished the gavel to Outreach and Planning Committee Chair Adams who called the 

Committee meeting to order. (Track 7 – 00:00/01:40) 

68



OUTREACH &PLANNING COMMITTEE (Video – 56:44) 

Discussion Item 

27. Water Resources Education Update 

Mr. Rathke said that, at the Board’s May meeting, staff proposed funding $1.3 million in 

Water Resource Education Grants and Contracted Services, a reduction of 18 percent 

from the current year. Following discussion by the Board, District staff continued to look 

for opportunities to reduce costs in the program. As a result of those efforts, Mr. Rathke 

said staff is recommending eliminating funding for B726 Adopt-A-Pond Hillsborough 

County ($37,500), reducing funding in P268 Public Water Resources Education from 

$111,251 to $6,000 by eliminating the Community Education Grant Program ($100,000), 

and reducing funding in P259 Youth Water Resources Education by an additional $60,000, 

from $608,525 to $548,525, for programs covering 15 counties. Total recommended 

savings from these reductions is $202,751. 

Discussion ensued regarding education program effectiveness, new ways of doing 

business through social media, and examining each program for efficiency. (Track 8 – 

00:00/15:20) 

Regarding Florida-Friendly Landscaping (FFL), Mr. Rathke said the District currently funds 

portions of 13 FFL positions in partnership with 11 county governments (Charlotte, Citrus, 

Hernando, Hillsborough, Manatee, Marion, Pasco, Pinellas, Polk, Sarasota and Sumter). 

In May, $508,298 was the proposed Fiscal Year 2012-2013 budget for support for Grants 

and Contract Services. Some concerns were expressed about funding these education 

programs and the appropriateness of funding positions at other agencies. Staff has 

re-evaluated the program to look at both the level and the type of funding support being 

provided to promote FFL. 

Mr. Rathke said staff has developed four alternative options to the FFL status quo and 

each option has a different level of funding commitment. The four options are as follows: 

(1) Promote the program through non-paid media such as news releases, social media, 

website. This would save the District $508,298. 

(2) Similar to option one, but it would budget $100,000 for a short-duration advertising 

campaign. This option would save the District $408,298. 

(3) Budget $180,000 to secure the services of two regional coordinators. These regional 

coordinators could be used to focus and target promotions to areas most in need, and 

to especially focus on homeowner associations, where water-saving successes have 

been documented. This option would save the District $328,298. 

(4) Reduce funding by 50 percent per county for those counties willing to continue to fund 

the remaining portion of the program. This option would save the District $254,149. 

(Track 8 – 15:20/20:45) 

Chair Senft said he received a personal note from the Florida Department of 

Environmental Protection congratulating the District for its per capita use being the lowest 

in the state. He commended staff for their efforts, and challenged them to look at the 

education program to find more efficient ways to do business a little differently. 

Discussion ensued about achieving goals through media communication with District staff, 

outsourcing services, community-based social marketing, moving in a new direction to 

change with the times, and more information on the utilization of social media to save tax 

dollars and safeguarding water. 

Following discussion, Committee Chair Adams recognized meeting attendees who had 

submitted speaker cards for this item. (Track 8 – 20:45/39:05) 

69



Ms. BJ Jarvis, Pasco County Extension Service Director, representing the University of 

Florida Institute of Food & Agricultural Sciences (IFAS), provided information on FFL 

measurable impacts and how the program is effecting behavior change. She said this 

program is cost effective and asked, on behalf of the University of Florida, for the Board to 

continue support. (Track 8 – 39:05/44:05) 

Mr. Eric Knudsen, landscaper for The Villages, said that a reduction in FFL would mean a 

cut in training for contractors who provide landscaping services. (Track 8 – 44:05/46:47) 

Mr. Trey Arnett, Utility Engineer for The Villages, noted that at local event booths, 

extension agents are trusted by residents to provide education about plants and 

landscaping. (Track 8 – 46:47/49:08) 

Mr. Ed Bull, President of Sumter County Master Gardeners, said members have reached 

as many as 600 people per day to provide education for new residents. (Track 8 – 

49:08/50:13) 

Ms. Kathleen Patterson, a program coordinator in Citrus County, said during one fourweek 

program, over 250 people participated every week. She said coordinators saw 

changes that had already begun when they visited homes and saw homeowners were 

implementing what they had learned. She said change starts through information. 

(Track 8 – 50:13/51:38) 

Mr. Richard Lambrecht spoke on behalf of his wife who is president of The Villages 

Garden Club. He said his wife avails herself of the information on websites and tells 

others about the sites. He asked the Board not to cut funding for the FFL program. (Track 

8 – 51:38/53:25) 

Following further discussion, Mr. Gramling moved, seconded by Mr. Tharp, to continue 

the FFL program at full funding for current budget year; and, prior to the next 

budget cycle, direct staff to analyze and examine the program to garner the same 

services. 

Discussion ensued regarding University of Florida analysis and measurable outcomes, 

level of service goal to the public is to continue improvements, use of technology to do the 

job better, and investment of cost versus water saved. 

Committee Chair Adams called the question. The motion carried unanimously. (Track 8 

– 00:53:25/01:05:48) 

Committee Chair Adams said staff is recommending to eliminate funding for 

B726 Adopt-A-Pond Hillsborough County ($37,500); reduce funding in P268 Public Water 

Resources Education from $111,251 to $6,000 by eliminating the Community Education 

Grant Program ($100,000); and reduce funding in P259 Youth Water Resources 

Education by $60,000, from $608,525 to $548,525. 

Mr. Maggard moved, seconded by Mr. Beruff, to approve the staff recommendation 

for reductions as presented. 

Discussion ensued about duplicative activities, continuing same level of service, reaching 

more students through social media, and increasing use of other technologies to target 

specific markets. 

Committee Chair Adams called the question. The motion carried with Mr. Tharp voting 

in opposition. (Track 8 – 01:05:48/01:14:00) 


70





28. Comprehensive Plan Amendment and Related Reviews 



Outreach and Planning Committee Chair Adams adjourned the Committee meeting and 

relinquished the gavel to Chair Senft. 

Chair Senft recessed the meeting at 12:16 p.m. for a lunch break (Track 8 – 01:14:00/01:14:25) 

and reconvened the meeting at 1:01 p.m. Chair Senft relinquished the gavel to Regulation 

Committee Chair Beswick who called the Committee meeting to order. 

REGULATION COMMITTEE (Video – 131:38) 



32. Denials Referred to the Governing Board –None 









Resource Regulation Committee Chair Beswick adjourned the Committee meeting (Track 9 – 

00:00/01:35) and relinquished the gavel to Resource Management Committee Chair Gramling 

who called the meeting to order. 

RESOURCE MANAGEMENT COMMITTEE (Video – 133:08) 

Item 51 was moved from the General Counsel’s Report to be considered as a Discussion Item. 




Mr. Brian Armstrong, Water Supply Manager, provided a brief historical overview of the 

development of the partnership. The ultimate goal of this effort is to help develop costeffective 

alternative water supply options for the County and municipalities. 

Ms. Donaldson said staff received approval at the February 28, 2012, Governing Board 

meeting to develop a framework for the Central Florida Water Resource Development 

Project Partnership. The framework for this effort will be comprised of four components: 

(1) Central Florida Water Resources Development Agreement, (2) regional participation 

agreements between Polk County Government and municipalities, (3) water supply 

authority (WSA) developed, and (4) Central Florida Partnership between the District and 

WSA. The Partnership Agreement will include identifying eligible projects for District 

approval, the District funding at least $160 million over 20 years (30 million gallons per 

71



day), allowing for increased funding based on additional Water Supply Authority (WSA) 

members and quantities developed, eligibility to access funds contingent on WSA creation, 

and minimum WSA requirements. Mr. Armstrong reviewed the projected time table for the 

four components. 

Discussion ensued regarding counties included in the WSA and allowing municipalities to 

enter at a later point, learning from past efforts, money spent on a baseline facility and not 

a peaking one, and the timeline. 

(Mr. Beruff left the meeting.) 

Staff recommended the Board authorize staff to continue to work with Polk County to 

develop the Central Florida Water Resource Development Agreement. If authorized, the 

agreement will be presented to the Governing Board later this year for the Board’s 

consideration. 

Following discussion, Mr. Tharp moved, seconded by Chair Senft, to approve the staff 

recommendation as presented. Motion carried unanimously. (Track 10 – 

00:00/35:44) 

39. Funding Request – Hillsborough County and City of Tampa Duck Pond Best 

Management Practices Implementation – Second Amendment 

Mr. Ken Herd, Bureau Chief, Water Resources, Resource Management Division, said this 

is a multiyear cooperatively funded project with the County and City for implementation of 

best management practices (BMPs) within the Duck Pond watershed. Based on an 

updated construction cost estimate, the City has requested a funding increase to 

incorporate the relocation of the pump station site and associated engineering fees. In 

addition, the County has requested additional funding due to an increase in engineering 

and construction cost of the Duck Pond pump station and 36-inch force main. 

Staff recommends the Board approve the second amendment to the agreement with 

Hillsborough County and the City of Tampa for the Duck Pond BMPs Implementation to 

increase the total project budget to $27,230,864, increasing the District’s share by 

$1,622,168 to the total amount of $8,722,168 which includes $300,000 of state funding 

from the Water Protection and Sustainability Trust Fund, and extend the agreement 

expiration date from November 1, 2012 to November 1, 2013; and authorize the Resource 

Management Division Director to execute the amendment. The additional funding to be 

included in the FY2012-13 budget from the Hillsborough River Basin reserves. 

Following consideration, Mr. Tharp moved, seconded by Mr. Maggard, to approve the 

staff recommendation as presented. The motion carried with Chair Senft voting in 

opposition. (Track 11 – 00:00/12:44) 


The following item was submitted for the Committee’s information, and no action was required. 

40. Lower Hillsborough River Recovery Strategy Implementation – Annual Update 




42. Watershed Management Program and Federal Emergency Management Agency Map 

Modernization 


Resource Management Committee Committee Chair Gramling adjourned the Committee 

meeting (Track 11 – 12:44/12:57) and relinquished the gavel to Operations and Land 

Management Committee Vice Chair Maggard who called the Committee meeting to order. 

72



OPERATIONS &LAND MANAGEMENT COMMITTEE (Video – 181:46) 



Mr. Granville Kinsman, Manager, Hydrologic Data Section, Data Collection Bureau, said 

May was the last month of the eight-month dry season (October-May) and rainfall during 

the first three-weeks of the month saw scattered showers/thunderstorm activity, while the 

last week saw abundant rainfall in the northern region from Tropical Storm Beryl. Localized 

rainfall provided some improvement to hydrologic conditions, although most hydrologic 

indicators remain below-normal throughout the District in response to the long-term dry 

conditions. Analysis of provisional rainfall data for the “dry-season” shows District-wide 

totals to be about 6.6 inches below the long-term historic average. District-wide, the 

provisional 12-month rainfall deficit improved during May, ending the month approximately 

9.6 inches below the long-term historical average, while the 24-month deficit improved to 

16.3 inches below the long-term average. Groundwater levels remain at below-normal 

conditions throughout the District. Five groundwater monitor wells, three lakes, three 

streamflow sites and one springflow site set new record low levels in May. In summary, 

Mr. Kinsman said extreme rainfall, both beneficial and detrimental, for sustainability of 

improvements will require continued rains through summer months, and above-normal 

rainfall will be needed to fully reset lake levels. 

Mr. Kinsman provided an update on Tropical Storm Debby. (Track 12 – 00:00/09:34) 



The following items were submitted for the Committee’s information, and no action was 

required. 



• Ms. Cheryl Hill, Land Program Coordinator, Operations and Land Management Bureau, 

noted that District staff have formed a multi-disciplinary project team that is developing a 

marketing plan and website, researching organizations to target, scheduling site visits 

with interested parties, preparing the facilities for marketing, and drafting a Request for 

Proposal for eventual release to the marketplace. Staff has also engaged the Florida 

Fish and Wildlife Conservation Commission to patrol the property through the end of the 

fiscal year or until a partner has been retained. (Track 13 – 00:00/02:40) 





• Mr. Holtkamp noted the Field Operations Section completed two projects: wetlands 

restoration for the Hampton Tract and habitat restoration in Palmetto. He provided an 

update on refurbishment of water control structure S-11 which is located southwest of 

Webster on the Big Gant Canal. 

Operations and Land Management Committee Vice Chair Maggard adjourned the Committee 

meeting and relinquished the gavel to Chair Senft. (Track 13 – 02:40/05:05) 

GENERAL COUNSEL’S REPORT (Video – 196:32) 

Item 50 was deleted from consideration and Item 51 was moved to Resource Management 

Committee Discussion Items. 

73





50. Lake Region Lakes Management District (LRLMD) Request to Transfer Ownership of 

the P-5, P-6, P-7 and P-8 Water Control Facilities in Polk County 

This item was deleted from consideration. 


This item was heard earlier in the meeting during the Resource Management Committee 

meeting. 

52. Approve District’s Annual Regulatory Plan Required by Executive Order Number 

11-211 and subsection 120.74(3), Florida Statutes (F.S.) 

Ms. Donaldson said Executive Order Number 11-72 and Section 120.74(3), F.S., required 

agencies under the direction of the Governor to submit to the Governor’s Office of Fiscal 

Accountability and Regulatory Reform (OFARR) “an annual regulatory plan that shall 

identify and describe each rule that the agency expects to begin promulgating during the 

next twelve-month period” by July 1, 2011 (and every July 1 thereafter). 

Staff recommended the Board approve the District’s Annual Regulatory Plan for 

July 2012 – June 2013; and authorize staff to revise the Plan, if necessary, and submit the 

Plan to the Governor’s OFARR, President of the Senate, Speaker of the House, and Joint 

Administrative Procedures Commission. 

Ms. Whitehead moved, seconded by Mr. Gramling, to approve the staff 

recommendation as presented. Motion carried unanimously. (Track 14 – 

00:00/03:40) 






Ms. Donaldson reminded Board members that their financial statements are due by July 2. 

During the last Board meeting, she noted that there several questions regarding the Board’s 

involvement in permit issues and decisions. She briefly reviewed the statutory requirements 

which oversee the Board member’s roles. 

Ms. Donaldson noted that, as of June 8, there are 115 enforcement cases, down from 189. She 

said she is expecting an increase due to a number of overpumpage cases. (Track 14 – 

03:40/10:10) 

COMMITTEE/LIAISON REPORTS (Video – 206:28) 

The following reports were provided in a handout at each Board member’s seat. 

55. Joint Agricultural and Green Industry Advisory Committee Meeting 

56. Tampa Bay Regional Planning Council Meeting 

57. Other Liaison Reports – None (Track 15 – 00:00/00:35) 

74



EXECUTIVE DIRECTOR'S REPORT (Video B – 207:10) 

58. Executive Director’s Report – None 

• Mr. Guillory thanked operations and maintenance staff who worked so hard and 

overtime the past couple of days due to the storm. He also commended permitting and 

information technology staff for their progress with the E-Permitting system. 

• Mr. Guillory noted that, at the July Board meeting, staff will present a one-page 

dashboard as a measurement of the District’s status for the Board’s information. 

• Mr. Guillory suggested the Board may want to consider changes in the cooperative 

funding process and policies, such as (1) starting the process earlier to allow staff more 

time for evaluation, (2) requiring more data for larger projects over a specific threshold to 

assist with decision making, and (3) reviewing policies for changes to the level of funding 

for certain types of projects. (Track 15 – 00:35/05:00) 

CHAIR'S REPORT (Video – 212:14) 

59. Approve Resolution 12-08 Commending C. A. “Neil” Combee, Jr. for His Service on 

the Board 

Staff recommended the Board approve Resolution 12-08 for presentation to Mr. Combee 

at a future meeting. 

Mr. Gramling moved, seconded by Mr. Tharp, to approve Resolution 12-08 as 

presented. Motion carried unanimously. (Track 15 – 05:00/06:58) 

60. Chair’s Report – None 

There being no further business to come before the Board, Chair Senft recessed the public 

hearing and adjourned the meeting at 2:23 p.m. (Track 15 – 06:58/07:09, Video B – 91:01) 

The Southwest Florida Water Management District (District) does not discriminate on the basis of disability. This 

nondiscrimination policy involves every aspect of the District's functions, including access to and participation in the District's 

programs and activities. Anyone requiring reasonable accommodation as provided for in the Americans with Disabilities Act 

should contact the District's Human Resources Bureau Chief, 2379 Broad Street, Brooksville, Florida 34604-6899; telephone 

(352) 796-7211, ext. 4702, or 1-800-423-1476 (FL only), ext. 4702; TDD (FL only) 1-800-231-6103; or email to 

ADACoordinator@swfwmd.state.fl.us. 

75


July 31, 2012 

REGULATION COMMITTEE 



21. Consider Concurrence with Issuance of Executive Director 

Order for Use of the Alafia River Project ........................................ (10 minutes)............. 2 

22. Denial(s) Referred to the Governing Board ....................................................................... 9 


23. Public Supply Report .......................................................................................................... 10 


24. Southern Water Use Caution Area Quantities ................................................................... 26 

25. Overpumpage Report ........................................................................................................ 27 

26. E-Permitting Metrics: Online vs. Paper Applications ......................................................... 32 

27. Individual Permits Issued by District Staff .......................................................................... 33 

28. Resource Regulation Significant Initiatives Report ........................................................... 35


July 31, 2012 


Item 21 

Consider Concurrence with Issuance of Executive Director Order for Use of the 

Alafia River Project 

Tampa Bay Water was issued Water Use Permit No. 20011794.001 on February 4, 2003 for 

use of the Alafia River Project. This permit normally allows withdrawal of 10% of the total flow 

from the Alafia River as measured at Bell Shoals Road when the flow exceeds 80 million gallons 

per day or 124 cubic feet per second. On July 2, 2012, Tampa Bay Water requested 

emergency authorization to temporarily increase the allowable percentage withdrawal from the 

current 10% to 19%. 

The purpose of this request is to address water supply concerns related to anticipated repairs to 

the C.W. Bill Young Reservoir. Specifically, to minimize production from the Consolidated 

Permit Wellfields now, so that permitted withdrawals from these wellfields can be more 

effectively used later in conjunction with the Tampa Bay Seawater Desalination Project and 

other supplies to meet potable demand during the repair period. The goal is to maximize use of 

current high flows in the Alafia River. This represents an opportunity to maximize the use of 

river flows to meet current demands on Tampa Bay Water’s Regional System for as long as 

possible this year prior to emptying the reservoir for repairs. This opportunity is unique to the 

current circumstances that occur today. The current circumstances that have created the need 

to consider this request include the combination of an extended drought period, the drawdown 

of the reservoir for repairs and the current rainfall patterns. 

In response to Tampa Bay Water’s request, District staff has drafted Executive Director Order 

No. SWF 2012-008 (see exhibit). As drafted, the Order authorizes the requested 19% 

withdrawal rate and also requires ongoing compliance with additional District water shortage 

orders and any more stringent local restrictions. 


Consider issuance and concurrence with Executive Director Order No. SWF 2012-008, 

providing for a temporary increase in the allowable percentage withdrawal from the Alafia River 

Project from 10 percent to 19 percent when the flow exceeds 80 million gallons per day. 

Presenter: Alba E. Más, P.E., Director, Regulation Division 

2

IN RE: 


DECLARATION OF WATER 

SHORTAGE EMERGENCY RELATING 

TO USE OF THE ALAFIA RIVER PROJECT 

EXECUTIVE DIRECTOR ORDER NO. SWF 2012-008 

Blake C. Guillory, Executive Director of the Southwest Florida Water 

Management District (District), at the District’s Tampa Service Office, 7601 US 

Highway 301 North, Tampa, Florida, received evidence and information from 

District staff and representatives of Tampa Bay Water, a Regional Water Supply 

Authority, regarding conditions causing a public water supply shortage within 

Tampa Bay Water’s Regional System and creating a public health, safety and 

welfare emergency. Based upon such evidence and information, the Executive 

Director finds and determines: 

FINDINGS OF FACT 

1. Section 373.246, Florida Statutes (F.S.), requires each water management 

district to adopt a Water Shortage Plan as a means of assuring appropriate 

responses to droughts and other types of water shortage events. 

2. Chapter 40D-21, Florida Administrative Code (F.A.C.), constitutes the 

District’s Water Shortage Plan (Plan). 

3. Part III of Chapter 40D-21, F.A.C., sets forth the emergency provisions of 

the Plan. 

4. Rule 40D-21.331, F.A.C., specifies that, if the District determines that 

conditions are rapidly deteriorating, or if the District receives a request for 

emergency action, the District shall ascertain if emergency actions are necessary 

to protect the public health, safety, or welfare, considering such factors as 

whether the affected users can obtain water from other users or other sources on 

a temporary basis and whether there are recommendations from, and emergency 

action taken by, a local government in the affected area. 

3

5. Rule 40D-21.371, F.A.C., specifies that the Executive Director may issue 

orders containing response mechanisms deemed necessary to address such an 

emergency, and that these mechanisms may include authorizations to 

temporarily withdraw from a permitted source in a manner or for a purpose not 

expressly granted by the applicable Water Use Permit. 

6. Rule 40D-21.391, F.A.C., allows for such emergency orders to be issued 

by the Executive Director without prior notice, subject to concurrence by the 

District's Governing Board and proper notice to affected water users and local 

officials. 

7. The District previously issued Executive Director Order No. SWF 2012- 

005, which declared a Water Shortage Emergency for Hillsborough, Pasco and 

Pinellas counties in response to declining hydrologic conditions. Although rainfall 

from Tropical Storm Debby has resulted in significant improvements in hydrologic 

conditions, including the designated water resource indicators in the Plan, District 

staff has determined that these improvements will only be temporary unless 

above-normal rainfall continues throughout the summer months. 

8. Tampa Bay Water is a regional water supply authority that relies on 

several sources within its Interconnected Regional Water Supply System to meet 

the water needs of approximately 2.3 million residents within its six member 

governments (Hillsborough, Pasco and Pinellas counties and the cities of New 

Port Richey, St. Petersburg and Tampa) and to supply other utility systems in 

Hillsborough, Pasco and Pinellas counties through routine and emergency 

system interconnects with the member governments. Tampa Bay Water’s 

sources for meeting its demands include the following sources: the Consolidated 

Permit Wellfields, the South Central Hillsborough County Regional Wellfield, the 

Brandon Urban Dispersed Wellfield, the Tampa Bypass Canal Water Supply 

Project (including Hillsborough River Water Source), the Alafia River Project, the 

Carrollwood Community Wellfield, the Eagles Water System, the C.W. Bill Young 

Regional Reservoir, and the Tampa Bay Seawater Desalination Project. 

9. Tampa Bay Water has been issued Water Use Permit No. 20011794.001 

(Permit) authorizing withdrawals from the Alafia River. This permit normally 

allows withdrawal of 10% of the total flow of the Alafia River as measured at Bell 

Shoals Road when the flow of the river exceeds 80 million gallons per day (mgd) 

or 124 cubic feet per second (cfs). 

10. On July 2, 2012, Tampa Bay Water requested emergency District action 

that would allow Tampa Bay Water to temporarily increase the percentage 

withdrawal under the Permit from the Alafia River from the current 10% to 19%. 

4

11. Tampa Bay Water experienced an average potable water demand of 

approximately 225 mgd during the month of June, with demand peaking near 260 

mgd immediately prior to rains delivered by Tropical Storm Debby and declining 

to around 200 mgd during the storm. Demand is expected to continue fluctuating 

in the 200 mgd to 260 mgd range. 

12. As of June 30, 2012, on a 12-month running average basis, Tampa Bay 

Water was producing 87.41 mgd from the Consolidated Permit wellfields. The 

Consolidated Permit requires that the 12-month running average not exceed 90 

mgd, with the intent of fostering the ongoing recovery of wellfield-influenced 

wetlands. 

13. Tampa Bay Water typically uses withdrawals from its surface water 

sources (the Tampa Bypass Canal Water Supply Project and the Alafia River 

Project) during periods of sufficient flow to meet up to 60 mgd of the potable 

water demand. 

14. The Florida Department of Environmental Protection (FDEP) is responsible 

for determining to what elevation Tampa Bay Water can fill the C.W. Bill Young 

Reservoir. Tampa Bay Water has received permission from the FDEP to fill the 

Reservoir to an elevation of 98 feet. This elevation provides approximately 4.3 

billion gallons of storage, which is only 29% of the storage capacity and less than 

48% of the amount that should be available by the end of the rainy season to 

help meet regional demand during the dry season. 

15. Tampa Bay Water has utilized withdrawals from the C.W. Bill Young 

Reservoir to the maximum extent during the spring and early summer to manage 

the amount of wellfield production needed to meet potable water demand. As of 

June 23, 2012, the reservoir had been lowered to 1.78 billion gallons in storage, 

compared to a storage capacity of 15 billion gallons. 

16. Tampa Bay Water also typically stores water from its surface water 

sources in the C.W. Bill Young Reservoir during periods of high flow for later use 

during the annual dry season or when other supplies are not sufficient to meet 

potable water demand. Between June 26 and July 1, 2012, Tampa Bay Water 

was able to add 750 million gallons to the C.W. Bill Young Reservoir, for a total 

storage amount of 2.6 billion gallons, compared to a storage capacity of 15 billion 

gallons. 

17. Tampa Bay Water is not currently able to produce water from the Tampa 

Bay Seawater Desalination Project because of an effort to refurbish the treatment 

membranes in preparation for the use of the Desalination Project during the 

anticipated repairs to the C.W. Bill Young Reservoir. Tampa Bay Water 

anticipates the Tampa Bay Seawater Desalination Project resuming production in 

August 2012. 

5

18. In order to minimize current production from the Consolidated Permit 

Wellfields, so that permitted withdrawals from these wellfields can be more 

effectively used in conjunction with other groundwater supplies and the Tampa 

Bay Seawater Desalination Project to meet potable demand during the 

anticipated repairs to the C.W. Bill Young Reservoir, there is a need to conserve 

potable water and maximize the utility of available flows from the Alafia and 

Hillsborough rivers. Maximum utility includes treatment of up to 60 mgd of 

surface water for immediate use in Tampa Bay Water’s Regional System and as 

long as possible and replenishment of the C.W. Bill Young Reservoir as allowed 

by the Florida Department of Environmental Protection. 

ULTIMATE FINDINGS OF FACT 

19. The exercise of the non-emergency powers authorized under subsections 

373.175(1) and (2) and 373.246(1), F.S., and Part II of Chapter 40D-21, F.A.C., 

are not sufficient to protect the public health, safety, or welfare, nor the drinking 

water supply of persons served by Tampa Bay Water. 

20. In order to maximize the availability of surface water for immediate use by 

Tampa Bay Water’s Regional System and storage in the C.W. Bill Young 

Reservoir as a means of minimizing the need for groundwater withdrawals from 

Tampa Bay Water’s Consolidated Wellfields, Tampa Bay Water has requested 

that the District authorize Tampa Bay Water to divert up to 19% of the flow of the 

Alafia River, as measured at Bell Shoals Road, when the flow exceeds 80 mgd 

(124 cfs). 

CONCLUSIONS OF LAW 

21. The Executive Director is duly authorized by subsections 373.119(2), 

373.175(4), and 373.246(7), F.S., and Rules 40D-21.331(4), 40D-21.371 and 

40D-21.391 F.A.C., to declare a water shortage emergency and to issue 

emergency orders reciting the existence of an emergency and requiring that 

action be taken as deemed necessary to meet the emergency. 

22. The Permit includes a condition authorizing the District to modify the 

permit in the event the District declares a water shortage. 

ORDERED 

23. A water shortage emergency exists in Hillsborough, Pasco and Pinellas 

Counties and Tampa Bay Water. This ongoing emergency is putting at risk the 

reliability of the drinking water supply for approximately 2.3 million residents 

within Tampa Bay Water’s service area, including fire suppression systems, 

hospitals, schools, businesses, and governmental and community facilities. 

6

24. The Permit is hereby modified to authorize Tampa Bay Water to 

temporarily withdraw up to nineteen (19) percent of the total flow of the Alafia 

River as measured at Bell Shoals Road when the flow exceeds 80mgd (124 cfs). 

25. Except as provided in paragraph 24 above, all other terms and conditions 

of the Permit shall remain in full force and effect. 

26. Tampa Bay Water, its member governments and all water users in the 

affected area shall comply and remain in compliance with all applicable District 

water shortage orders, District executive director orders and any more stringent 

local ordinances in order to manage potable demand. This includes aggressive 

local enforcement of water use restrictions as specified in District orders. 

27. This Order shall expire on November 15, 2012, unless rescinded or 

extended by amendment authorized by the Executive Director. 

DONE AND ORDERED in Hillsborough County, Florida, on this __ day of 

July 2012. 

SOUTHWEST FLORIDA 

WATER 

MANAGEMENT DISTRICT 

By: 

_____________________ 

Blake C. Guillory, P.E. 

Executive Director 

Filed this ____ day Approved as to Legal Form and Content 

of July, 2012 

_____________________________________ 

Attorney 

________________ 

Agency Clerk 

7

NOTICE OF RIGHTS 

Persons to whom this Executive Director Order is directed, or whose substantial 

interests are affected, may request pursuant to subsection 373.119(3), Florida 

Statutes (F.S.), to petition for an administrative hearing in accordance with 

Sections 120.569 and 120.57, F.S., and Chapter 28-106, Florida Administrative 

Code (F.A.C.). A request for a hearing must: 1) explain how the petitioner’s or 

other person’s substantial interests will be affected by the District’s action; 2) 

state all material facts disputed by the petitioner or other person, or state that 

there are no disputed facts; and 3) otherwise comply with Chapter 28-106, F.A.C. 

A request for hearing must be filed with and received by the Agency Clerk of the 

District at District Headquarters, 2379 Broad Street, Brooksville, Florida 34604- 

6899 within twenty-one (21) days of receipt of this notice. Receipt is deemed to 

be the fifth day after the date on which this notice is deposited in the United 

States mail. Failure to file a request for hearing within this time period shall 

constitute a waiver of any right you or any other person may have to request a 

hearing under Sections 120.569 and 120.57, F.S. 

Mediation pursuant to Section 120.573, F.S., and Rule 28-106.111, F.A.C., to 

settle an administrative dispute regarding the District’s action in this matter is not 

available prior to the filing of a request for hearing. 

In accordance with subsection 120.569(1), F.S., the following additional 

administrative or judicial review may be available. 

A party who is adversely affected by final agency action may seek review of the 

action in the appropriate District Court of Appeal pursuant to Section 120.68, 

F.S., by filing a Notice of Appeal pursuant to Rule 9.110, Florida Rules of 

Appellate Procedure, within thirty (30) days after the rendering of the final action 

by the District. 

PURSUANT TO SUBSECTION 373.119(3), F.S., AND NOTWITHSTANDING 

ANY OTHER PROVISION UNDER CHAPTER 120, F.S., PERSONS TO WHOM 

THE ORDER IS DIRECTED SHALL COMPLY THEREWITH IMMEDIATELY, 

AND THE TIMELY FILING OF A PETITION SHALL NOT STAY SUCH 

PERSON'S OBLIGATION TO MAINTAIN SUCH COMPLIANCE DURING THE 

PENDENCY OF ANY ADMINISTRATIVE PROCEEDING. 

8


July 31, 2012 


Denials Referred to the Governing Board 

Item 22 

District Rule 40D-1.6051, Florida Administrative Code, provides that if District staff intends to 

deny a permit application for incompleteness, the applicant will be advised of the opportunity to 

request referral to the Governing Board for final action. 

Under these circumstances, if an applicant or petitioner requests their application or petition be 

referred to the Governing Board for final action, that application or petition will appear under this 

agenda item for consideration. As these items will be presented at the request of an outside 

party, specific information may not be available until just prior to the Governing Board meeting. 


If any denials are requested to be referred to the Governing Board, these will be presented at 

the meeting. 

Presenter: Alba E. Más, P.E., Director, Regulation Division 

9

10 

Districtwide Major Utilities 

Monthly Water Use 

2011 through May 2012 

This report shows the annual average and monthly water production for major public supply permittees throughout the District, 

including Tampa Bay Water; the cities of Tampa, Plant City, Dunedin, Clearwater and Temple Terrace and Pasco County in the 

Tampa Bay area; the Peace River/Manasota Regional Water Supply Authority and its member governments; the cities of Sarasota, 

Punta Gorda, Bradenton, Venice and the Englewood Water District in the southern region of the District; Polk County and the cities of 

Lakeland, Winter Haven, Haines City, Sebring and Auburndale in the "Heartland" area of the District; and The Villages, Marion, Citrus 

and Hernando counties, and On Top of the World communities in the northern District area. 

Data from 2000 through 2010 is available on the District’s website at http://www.swfwmd.state.fl.us/documents/index.php#reports/. 

The current data (previous year and current year to-date) will be included in the Governing Board packet on a quarterly basis 

(January, April, July and October).

11 

TABLE OF CONTENTS 

Tampa Bay Water .................................................................................................................................................................................... 1 

City of Tampa ........................................................................................................................................................................................... 3 

Other Tampa Bay Area Permits ............................................................................................................................................................... 5 

Peace River / Manasota Regional Water Supply Authority and Member Governments .......................................................................... 7 

Southern District ...................................................................................................................................................................................... 9 

‘Heartland’ .............................................................................................................................................................................................. 11 

Northern District ..................................................................................................................................................................................... 13

12 

Calendar Year 2011 

Tampa Bay Water Annual Average/Monthly Production (MGD) 

Ground Water Surface Water 

Consolidated SCHRWF BUDWF Tampa Hills. Int. US 301 Int. TBW Desal ESWP Total (1) 

Annual 

Avg 

Monthly 

Avg 

Annual 

Avg 

Monthly 

Avg 

Annual 

Avg 

Monthly 

Avg 

Annual 

Avg 

Monthly 

Avg 

Annual 

Avg 

Monthly 

Avg 

Annual 

Avg 

Monthly 

Avg 

Annual 

Avg 

Tampa Bay Water Enhanced Surface Water Project 

Monthly 

Avg 

TBC Middle 

Pool TBC Lower Pool Alafia River 

Jan 86.82 71.29 20.94 17.02 2.99 2.89 1.75 1.14 0.00 0.00 4.07 9.87 42.61 54.66 0.02 0.00 23.49 12.97 3.76 6.68 

Feb 87.19 67.06 20.84 18.12 2.75 2.78 1.60 1.14 0.00 0.00 3.71 14.57 43.87 45.46 0.02 0.00 22.13 27.96 3.51 4.37 

Mar 85.54 72.59 20.84 21.11 2.61 3.46 1.42 1.14 0.00 0.00 3.54 12.17 47.22 48.11 0.02 0.00 22.38 11.19 3.75 2.76 

Apr 84.72 74.85 21.00 25.09 2.48 4.97 1.42 1.14 0.00 0.00 3.71 8.79 48.20 46.79 0.02 0.00 31.17 118.20 5.06 16.91 

May 83.77 94.49 21.48 29.88 2.61 5.00 1.42 1.14 0.00 0.00 3.71 0.00 49.43 50.03 0.02 0.00 28.39 0.01 4.70 0.00 

Jun 83.55 100.64 21.69 24.38 2.64 4.06 1.41 1.13 0.00 0.00 3.71 0.00 50.76 49.97 0.02 0.00 25.98 0.00 4.18 0.00 

Jul 82.25 81.08 21.47 17.75 2.79 3.85 1.41 1.14 0.00 0.00 3.71 0.00 52.24 49.73 0.02 0.00 23.45 17.91 4.54 5.02 

Aug 80.47 75.26 21.71 21.46 3.17 4.62 1.28 1.13 0.00 0.00 3.71 0.00 53.50 47.17 2.00 23.51 30.73 115.75 6.65 24.80 

Sep 81.43 84.75 21.87 22.28 3.55 4.64 1.17 1.14 0.00 0.00 3.71 0.00 51.27 36.14 4.68 32.68 35.34 105.52 8.25 24.59 

Oct 81.64 76.77 21.85 22.86 3.89 4.65 1.17 1.14 0.00 0.00 3.71 0.00 48.97 48.17 5.22 6.34 38.45 53.12 7.53 1.24 

Nov 81.07 73.24 21.93 23.53 4.07 4.65 1.14 1.14 0.00 0.00 3.71 0.00 48.33 52.19 5.22 0.00 38.45 0.00 7.21 0.00 

Dec 78.46 69.11 22.22 23.03 4.19 4.64 1.14 1.14 0.00 0.00 3.71 0.00 48.78 56.30 5.22 0.00 38.46 0.10 7.19 0.00 




Annual 

Avg. 

Monthly 

Avg. 

Annual 

Avg. 

Monthly 

Avg. 

Annual 

Avg. 

Monthly 

Avg. 

Annual 

Avg. 

Monthly 

Avg. 

Annual 

Avg. 

Monthly 

Avg. 

Annual 

Avg. 

Monthly 

Avg. 

Annual 

Avg. 

Annual 

Avg 

Monthly 

Avg 

Annual 

Avg 

Monthly 

Avg 

Annual 

Avg 


Monthly 

Avg. 

Monthly 

Avg 

TBC Middle 


Jan 78.14 67.45 22.64 21.93 4.34 4.64 1.14 1.21 0.00 0.00 2.87 0.00 49.17 59.31 5.22 0.00 37.36 0.01 6.62 0.00 

Feb 78.46 68.82 23.00 22.05 4.49 4.61 1.15 1.14 0.00 0.00 1.76 0.00 50.41 59.41 5.22 0.00 35.21 0.00 6.28 0.00 

Mar 79.62 86.22 23.44 26.29 4.58 4.49 1.15 1.14 0.00 0.00 0.72 0.00 51.36 59.34 5.22 0.00 34.26 0.00 6.05 0.00 

Apr 83.41 120.95 23.65 27.57 4.54 4.48 1.15 1.14 0.00 0.00 0.00 0.00 51.00 42.37 5.22 0.00 24.55 0.00 4.66 0.00 

May 87.72 145.25 23.35 26.42 4.50 4.58 1.14 1.04 0.00 0.00 0.00 0.00 49.15 28.31 5.22 0.00 24.55 0.00 4.66 0.00 

Jun 86.60 87.01 22.35 15.16 4.48 4.70 1.12 1.14 0.00 0.00 0.00 0.00 47.02 30.07 5.22 0.00 24.62 1.12 4.82 2.39 

Annual 

Avg. 

Monthly 

Avg. 

Annual 

Avg. 

Monthly 

Avg. 

Annual 

Avg. 

Monthly 

Avg. 

1

13 


Tampa Bay Water Annual Average/Monthly Production (MGD) 



Annual 

Avg 

Monthly 

Avg 

Annual 

Avg 

Monthly 

Avg 

Annual 

Avg 

Monthly 

Avg 

Annual 

Avg 

Monthly 

Avg 

Annual 

Avg 

Monthly 

Avg 

Annual 

Avg 

Monthly 

Avg 

Annual 

Avg 


Monthly 

Avg 

TBC Middle 


Jan 78.14 67.45 22.64 21.93 4.34 4.64 1.14 1.21 0.00 0.00 2.87 0.00 49.17 59.31 5.22 0.00 37.36 0.01 6.62 0.00 

Feb 78.46 68.82 23.00 22.05 4.49 4.61 1.15 1.14 0.00 0.00 1.76 0.00 50.41 59.41 5.22 0.00 35.21 0.00 6.28 0.00 

Mar 79.62 86.22 23.44 26.29 4.58 4.49 1.15 1.14 0.00 0.00 0.72 0.00 51.36 59.34 5.22 0.00 34.26 0.00 6.05 0.00 

Apr 83.41 120.95 23.65 27.57 4.54 4.48 1.15 1.14 0.00 0.00 0.00 0.00 51.00 42.37 5.22 0.00 24.55 0.00 4.66 0.00 

May 87.72 145.25 23.35 26.42 4.50 4.58 1.14 1.04 0.00 0.00 0.00 0.00 49.15 28.31 5.22 0.00 24.55 0.00 4.66 0.00 

Jun 86.60 87.01 22.35 15.16 4.48 4.70 1.12 1.14 0.00 0.00 0.00 0.00 47.02 30.07 5.22 0.00 24.62 1.12 4.82 2.39 

WUP 

AAD: 90.00 24.10 6.00 85.00 17.51 

Note: Consolidated Permit - WUP 11771.001, Expiration Date=Jan. 25, 2021 

SCHRWF - South Central Hillsborough Regional Wellfield - WUP 4352.006, Expiration Date=Dec. 31, 2020 

BUDWF - Brandon Urban Dispersed Wellfield - WUP 11732.003, Expiration Date=Nov. 29, 2019 

TBC - Tampa Bypass Canal - WUP 11796.002, Expiration Date=Dec. 31, 2030 

Alafia River Project - WUP 11794.001, Expiration Date=Dec. 31, 2010 (Application In-House for .002) 

ESWP - Enhanced Surface Water Project (Surface Water Delivered to the Regional TBW Water Treatment Plant) 

(1) - TBC Middle Pool, TBC Lower Pool, and Alafia River may not sum to ESWP (does not include reservoir-filling quantities) 

Annual 

Avg 

Monthly 

Avg 

Annual 

Avg 

Monthly 

Avg 

Annual 

Avg 

Monthly 

Avg 

2

14 


Hillsborough River SW Rome Avenue ASR GW * 

City of Tampa Annual Average/Monthly Production (MGD) 

Imports from TBW 

System 

Aug from TBC to 

Hillsbor. River 

Aug from SSP to 


Annual Avg. Monthly Avg. Annual Avg. Monthly Avg. Annual Avg. Monthly Avg. Annual Avg. Monthly Avg. Annual Avg. Monthly Avg. 

Jan 66.72 50.56 1.12 0.00 3.07 13.89 6.45 14.02 0.00 0.00 

Feb 66.70 65.60 1.12 0.00 3.22 1.99 6.50 0.76 0.00 0.00 

Mar 66.35 60.10 1.78 7.83 3.22 0.00 7.79 15.12 0.00 0.00 

Apr 66.78 71.00 1.78 0.00 3.22 0.00 7.79 0.00 0.00 0.00 

May 67.24 71.27 1.92 8.29 3.22 0.00 9.29 17.61 0.00 0.00 

Jun 67.47 69.80 1.95 7.09 3.46 2.96 11.07 21.74 0.00 0.00 

Jul 67.57 77.03 1.95 0.00 3.46 0.00 11.80 8.56 0.00 0.00 

Aug 67.81 78.24 1.95 0.00 3.46 0.00 11.80 0.00 0.00 0.00 

Sep 67.74 72.88 2.00 0.55 3.46 0.00 11.80 0.00 0.00 0.00 

Oct 68.20 83.56 2.00 0.00 3.46 0.00 10.43 0.00 0.00 0.00 

Nov 68.55 73.30 2.00 0.00 3.15 0.00 8.35 0.00 0.00 0.00 

Dec 70.13 68.03 2.00 0.00 1.66 0.97 7.13 6.86 0.00 0.00 




System 






Jan 71.46 66.18 2.00 0.00 0.48 0.00 7.64 20.08 0.00 0.00 

Feb 72.34 74.45 2.00 0.00 0.33 0.00 9.43 23.28 0.00 0.00 

Mar 72.94 67.11 1.91 6.87 0.69 4.23 10.06 22.50 0.00 0.00 

Apr 67.10 48.89 0.00 2.66 9.08 2.19 18.27 11.40 16.38 0.00 0.00 

May 69.05 -- 42.55 -- 2.02 -- 7.46 -- 4.53 27.61 11.50 18.80 0.00 -- 0.00 -- 

Jun 65.94 59.53 2.31 4.32 4.69 4.83 11.06 16.33 0.00 0.00 

Jul -- -- -- -- 4.69 0.01 10.33 0.00 -- -- 

3

15 



City of Tampa Annual Average/Monthly Production (MGD) 


System 






Jan 71.46 66.18 2.00 0.00 0.48 0.00 7.64 20.08 0.00 0.00 

Feb 72.34 74.45 2.00 0.00 0.33 0.00 9.43 23.28 0.00 0.00 

Mar 72.94 67.11 1.91 6.87 0.69 4.23 10.06 22.50 0.00 0.00 

Apr 67.10 48.89 2.66 9.08 2.19 18.27 11.40 16.38 0.00 0.00 

May 69.05 

42.55 

2.02 7.46 4.53 27.61 11.50 18.80 0.00 0.00 

Jun 65.94 59.53 2.31 4.32 4.69 4.83 11.06 16.33 0.00 0.00 

WUP 

AAD: 82.00 2.74 * 20.00 

Note: City of Tampa - WUP 2062.006, Expiration Date=Dec. 14, 2024 

ASR - Aquifer Storage and Recovery (ground water recovery from ASR wells) 

ASR storage volumes are subtracted from Hillsborough River Reservoir withdrawals to eliminate double accounting 

SSP - Sulphur Springs withdrawal 

* Injection/Withdrawal quantity based on FDEP permit (1-billion gallons in/1-billion gallons out per annual cycle) 

4

16 


Other Tampa Bay Area Permits Annual Average/Monthly Production (MGD) 

City of Plant City GW City of Dunedin GW City of Clearwater GW 

Pasco County Utilities 

GW 

City of Temple Terrace 

GW 


Jan 4.81 4.26 4.39 4.14 4.40 4.77 4.09 3.50 3.53 3.38 

Feb 4.84 4.48 4.31 4.53 4.39 4.26 4.02 3.66 3.56 3.54 

Mar 4.89 5.04 4.34 4.59 4.47 4.87 4.12 4.18 3.66 3.73 

Apr 4.93 5.43 4.37 4.51 4.55 5.15 4.12 3.97 3.69 3.93 

May 5.15 6.00 4.38 4.62 4.55 4.19 4.09 4.08 3.74 4.34 

Jun 5.02 5.80 4.37 4.56 4.65 5.42 4.16 4.86 3.76 3.95 

Jul 5.03 4.89 4.01 0.00 4.56 3.28 4.20 4.34 3.74 3.25 

Aug 5.04 4.71 4.35 8.17 4.52 3.17 4.31 4.83 3.75 3.52 

Sep 5.02 4.61 4.32 3.76 5.08 9.88 4.34 4.58 3.71 3.64 

Oct 4.96 4.67 4.39 5.47 4.67 1.28 4.27 4.39 3.69 3.68 

Nov 4.94 4.80 4.35 3.91 4.73 5.50 4.26 4.66 3.70 3.78 

Dec 4.96 4.79 4.31 3.43 4.74 5.24 4.32 4.76 3.71 3.74 




GW 


GW 


Jan 5.00 4.73 4.41 5.30 4.70 4.30 4.46 5.20 3.72 3.56 

Feb 5.04 4.84 4.40 4.31 4.70 4.22 4.54 4.53 3.76 3.85 

Mar 5.07 5.41 4.41 4.64 4.67 4.46 4.59 4.70 3.74 3.48 

Apr 5.10 5.82 4.42 4.64 4.73 5.88 4.61 4.26 3.72 3.78 

May 5.10 6.01 4.42 4.64 4.87 5.79 4.62 4.14 3.78 5.02 

5

17 


The SAS System 

Other Tampa Bay Area Permits Annual Average/Monthly Production (MGD) 



GW 


GW 


Jan 5.00 4.73 4.41 5.30 4.70 4.30 4.46 5.20 3.72 3.56 

Feb 5.04 4.84 4.40 4.31 4.70 4.22 4.54 4.53 3.76 3.85 

Mar 5.07 5.41 4.41 4.64 4.67 4.46 4.59 4.70 3.74 3.48 

Apr 5.10 5.82 4.42 4.64 4.73 5.88 4.61 4.26 3.72 3.78 

May 5.10 6.01 4.42 4.64 4.87 5.79 4.62 4.14 3.78 5.02 

WUP 

AAD: 9.85 6.62 8.00 6.29 5.15 

Note: City of Plant City - WUP 1776.010, Expiration Date=Jan. 28, 2013 

City of Dunedin - WUP 2980.009, Expiration Date=Feb. 27, 2017 

City of Clearwater - WUP 2981.017, Expiration Date=Sep. 27, 2021 

Pasco County Utilities - WUP 11863, Expiration Date=Apr. 9, 2020 

City of Temple Terrace - WUP 450.009, Expiration Date=Oct. 28, 2018 

6

18 


Peace River/Manasota Regional Water Supply Authority and Member 

Governments Annual Average/Monthly Production (MGD) 

PRMRWSA SW PRMRWSA ASR GW Charlotte Co. GW DeSoto Co. GW Sarasota Co. GW Manatee Co. SW Manatee Co. GW 

Annual 

Avg. 

Monthly 

Avg. 

Annual 

Avg. 

Monthly 

Avg. 

Annual 

Avg. 

Monthly 

Avg. 

Annual 

Avg. 

Jan 20.18 14.91 1.21 5.39 0.53 0.58 0.48 0.46 2.34 2.86 23.22 20.74 14.89 14.82 

Feb 16.76 13.51 1.45 5.99 0.53 0.64 0.48 0.47 2.47 4.19 23.30 24.02 15.33 12.11 

Mar 15.69 2.68 1.70 5.83 0.52 0.50 0.47 0.39 2.51 3.33 23.80 28.64 14.68 7.04 

Apr 17.68 37.54 1.55 0.95 0.53 0.62 0.46 0.37 2.62 4.03 23.94 25.86 14.46 13.02 

May 17.76 1.02 1.54 0.00 0.54 0.59 0.46 0.46 2.56 3.05 24.00 27.14 14.39 14.20 

Jun 17.76 0.00 1.49 0.00 0.54 0.55 0.45 0.44 2.49 2.46 24.26 27.29 14.34 16.10 

Jul 20.08 75.20 1.49 0.00 0.54 0.51 0.45 0.44 2.50 2.10 24.01 19.91 14.55 15.28 

Aug 23.37 85.05 1.49 0.00 0.55 0.47 0.44 0.42 2.60 2.94 24.09 18.75 14.46 14.80 

Sep 25.83 61.00 1.49 0.00 0.54 0.44 0.43 0.42 2.83 4.06 24.39 23.02 14.28 15.27 

Oct 27.93 34.45 1.49 0.00 0.54 0.53 0.42 0.43 3.01 3.29 24.32 28.29 14.08 14.96 

Nov 30.50 35.39 1.49 0.00 0.55 0.62 0.42 0.35 3.15 3.00 24.13 23.84 13.87 14.83 

Dec 30.89 8.60 1.49 0.00 0.55 0.58 0.42 0.37 3.08 1.80 24.50 26.49 13.67 11.63 



Annual 

Avg. 

Monthly 

Avg. 

Annual 

Avg. 

Monthly 

Avg. 

Annual 

Avg. 

Monthly 

Avg. 

Annual 

Avg. 

Jan 29.63 0.00 1.03 0.00 0.56 0.67 0.41 0.40 3.14 3.61 24.80 24.27 13.62 14.27 

Feb 28.59 0.00 0.69 1.47 0.57 0.71 0.41 0.39 3.11 3.58 24.89 24.32 13.82 14.13 

Mar 28.48 1.46 0.62 4.98 0.58 0.66 0.41 0.38 3.10 3.28 25.11 31.32 13.80 6.86 

Apr 25.40 0.00 1.22 8.29 0.58 0.59 0.41 0.39 3.06 3.55 25.27 27.79 13.58 10.31 

May 25.51-- 0.00 -- 1.91 8.08 0.57 0.45 0.41 0.43 3.17 4.37 25.12 25.38 13.77 16.43 

Jun 28.64 40.52 2.22 3.78 0.56 0.52 0.41 0.42 3.25 3.37 24.48 19.41 13.76 15.92 

Monthly 

Avg. 

Monthly 

Avg. 

Annual 

Avg. 

Annual 

Avg. 

Monthly 

Avg. 

Monthly 

Avg. 

Annual 

Avg. 

Annual 

Avg. 

Monthly 

Avg. 

Monthly 

Avg. 

Annual 

Avg. 

Annual 

Avg. 

Monthly 

Avg. 

Monthly 

Avg. 

7

19 



Peace River/Manasota Regional Water Supply Authority and Member 

Governments Annual Average/Monthly Production (MGD) 


Annual 

Avg. 

Monthly 

Avg. 

Annual 

Avg. 

Monthly 

Avg. 

Annual 

Avg. 

Monthly 

Avg. 

Annual 

Avg. 

Jan 29.63 0.00 1.03 0.00 0.56 0.67 0.41 0.40 3.14 3.61 24.80 24.27 13.62 14.27 

Feb 28.59 0.00 0.69 1.47 0.57 0.71 0.41 0.39 3.11 3.58 24.89 24.32 13.82 14.13 

Mar 28.48 1.46 0.62 4.98 0.58 0.66 0.41 0.38 3.10 3.28 25.11 31.32 13.80 6.86 

Apr 25.40 0.00 1.22 8.29 0.58 0.59 0.41 0.39 3.06 3.55 25.27 27.79 13.58 10.31 

May 25.51 0.00 1.91 8.08 0.57 0.45 0.41 0.43 3.17 4.37 25.12 25.38 13.77 16.43 

Jun 28.64 40.52 2.22 3.78 0.56 0.52 0.41 0.42 3.25 3.37 24.48 19.41 13.76 15.92 

WUP 

AAD: 32.85 * 3.17 0.57 13.74 34.90 17.95 

Monthly 

Avg. 

Annual 

Avg. 

Monthly 

Avg. 

Note: PRMRWSA - Peace River/Manasota Regional Water Supply Authority - WUP 10420.006, Expiration Date=Mar. 26, 2016 

Manatee County is a Member of the PRMRWSA, however, no withdrawal quantities are transferred to Manatee County 

The data contained in this table for PRMRWSA represents the quantity of raw water being withdrawan from the river. 

* This quantity is not limited by the annual average but by a diversion schedule and maximum daily withdrawal 

Charlotte County Utilities - WUP 3522.010, Expiration Date=Sep. 26, 2012 

DeSoto County Utilities - WUP 6841.010, Expiration Date=Nov. 18, 2014; WUP 7056.004, Expiration Date=Aug. 6, 2011 

Sarasota County Utilities - WUP 8836.010, Expiration Date=Sep.29, 2018 

Manatee County Utilities - SW - WUP 5387.007, Expiration Date=Sep. 29, 2018 

GW - WUP 7345.005, Expiration Date=Dec. 18, 2017; WUP 7470.006, Expiration Date=Aug. 28, 2011 

Annual 

Avg. 

Monthly 

Avg. 

Annual 

Avg. 

Monthly 

Avg. 

8

20 


Southern District Annual Average/Monthly Production (MGD) 

City of Sarasota GW City of Punta Gorda SW City of Bradenton GW City of Bradenton SW City of Venice GW 

Englewood Water 

District GW 

Annual Avg. Monthly Avg. Annual Avg. Monthly Avg. Annual Avg. Monthly Avg. Annual Avg. Monthly Avg. Annual Avg. Monthly Avg. Annual Avg. Monthly Avg. 

Jan 8.27 7.22 4.63 4.44 0.01 0.00 5.27 4.80 3.86 4.35 2.81 3.27 

Feb 8.29 7.94 4.67 4.61 0.01 0.01 5.27 4.76 3.91 4.57 2.79 3.54 

Mar 8.38 8.40 4.68 4.83 0.01 0.00 5.23 5.00 3.87 4.14 2.89 4.15 

Apr 8.34 8.26 4.73 5.14 0.01 0.00 5.14 4.93 3.91 4.62 3.01 4.74 

May 8.31 8.36 4.80 4.65 0.01 0.00 5.08 5.07 3.97 3.94 3.04 3.71 

Jun 8.33 8.35 4.71 3.41 0.01 0.01 5.08 5.59 3.96 4.00 3.38 6.28 

Jul 8.26 6.99 4.70 3.26 0.01 0.01 5.09 4.98 3.95 3.41 3.47 2.82 

Aug 8.23 7.57 4.62 3.55 0.01 0.01 5.13 5.35 3.98 3.86 3.49 2.46 

Sep 8.14 6.65 4.44 3.62 0.00 0.01 5.19 5.63 3.98 3.41 3.54 2.66 

Oct 8.07 7.59 4.42 6.21 0.00 0.00 5.21 5.54 4.01 3.81 3.52 2.46 

Nov 8.05 7.59 4.57 7.27 0.01 0.01 5.23 5.53 3.99 4.07 3.51 3.15 

Dec 7.64 6.86 4.70 5.42 0.00 0.00 5.22 5.38 4.06 4.59 3.56 3.55 






Jan 7.67 7.48 4.79 5.46 0.01 0.01 5.32 5.98 4.03 3.97 3.36 0.86 

Feb 7.98 11.58 4.85 5.23 0.00 0.01 5.41 5.74 4.07 4.89 3.60 6.46 

Mar 8.10 9.80 4.91 5.60 0.01 0.01 5.44 5.37 4.09 4.41 3.57 3.79 

Apr 8.12 8.50 4.93 5.30 0.01 0.00 5.46 5.22 4.11 4.90 8.65 66.65 

May 8.15 8.73 4.82 3.44 0.01 0.00 5.43 4.69 4.09 3.66 8.74 4.71 

Jun 8.09 7.58 -- -- 0.01 0.01 5.34 4.56 -- -- 8.38 1.94 

9

21 



Southern District Annual Average/Monthly Production (MGD) 





Jan 7.67 7.48 4.79 5.46 0.01 0.01 5.32 5.98 4.03 3.97 3.36 0.86 

Feb 7.98 11.58 4.85 5.23 0.00 0.01 5.41 5.74 4.07 4.89 3.60 6.46 

Mar 8.10 9.80 4.91 5.60 0.01 0.01 5.44 5.37 4.09 4.41 3.57 3.79 

Apr 8.12 8.50 4.93 5.30 0.01 0.00 5.46 5.22 4.11 4.90 8.65 66.65 

May 8.15 8.73 4.82 3.44 0.01 0.00 5.43 4.69 4.09 3.66 8.74 4.71 

Jun 8.09 7.58 -- -- 0.01 0.01 5.34 4.56 -- -- 8.38 1.94 

WUP 

AAD: 12.04 8.09 0.23 6.95 6.86 5.36 

Note: City of Sarasota - WUP 4318.004, Expiration Date=Jun. 24, 2013; WUP 10224.003, Expiration Date=Nov. 10, 2020; WUP 10225.002, Expiration Date=Jan. 8, 2018 

City of Punta Gorda - WUP 871.008, Expiration Date=Jul. 31, 2027 

City of Bradenton - WUP 6392.004, Expiration Date=Apr. 28, 2018 

City of Venice - WUP 5393.008, Expiration Date=Dec. 16, 2028 

Englewood Water District - WUP 4866.009, Expiration Date=Dec. 18, 2019 

10

22 


City of Lakeland GW 

'Heartland' Annual Average/Monthly Production (MGD) 

City of Winter Haven 

GW Polk Co. GW City of Haines City GW City of Sebring GW City of Auburndale GW 


Jan 20.25 18.60 9.05 6.85 13.20 10.73 3.62 3.23 3.26 3.40 4.83 4.20 

Feb 20.55 21.64 8.98 6.92 13.25 11.51 3.65 3.52 3.27 3.45 4.89 4.46 

Mar 21.00 23.04 8.95 7.65 13.66 16.58 3.69 3.64 3.29 3.54 4.96 4.94 

Apr 21.52 25.93 8.92 8.93 13.56 14.94 3.71 3.86 3.31 3.42 5.01 5.45 

May 21.92 25.43 8.97 10.61 13.49 14.08 3.72 4.08 3.33 3.60 5.06 6.27 

Jun 22.28 25.00 9.06 10.38 13.65 15.83 3.76 4.14 3.33 3.23 5.06 5.34 

Jul 22.38 20.91 9.04 9.38 13.55 11.70 3.80 4.03 3.33 3.03 5.00 4.64 

Aug 22.38 20.17 8.95 8.12 13.44 11.74 3.73 2.98 3.35 3.02 4.91 3.87 

Sep 22.26 19.92 8.82 7.89 13.22 11.64 3.79 4.35 3.35 3.13 4.82 3.70 

Oct 21.99 20.55 8.58 7.91 12.90 11.09 3.73 3.41 3.32 3.09 4.67 3.61 

Nov 21.91 20.79 8.54 9.21 12.74 11.32 3.70 3.59 3.29 3.39 4.58 3.94 

Dec 21.89 20.83 8.61 9.36 12.72 11.41 3.73 3.89 3.30 3.33 4.47 3.19 






Jan 22.06 20.62 8.79 8.94 12.84 12.18 3.77 3.74 3.33 3.69 4.48 4.36 

Feb 22.08 21.16 8.99 9.18 12.97 12.71 3.81 3.92 3.35 3.58 4.45 3.91 

Mar 22.14 23.68 9.17 9.76 12.66 12.99 3.84 3.96 3.36 3.64 4.88 10.04 

Apr 22.11 25.58 9.24 9.83 13.66 27.10 3.88 4.31 3.37 3.56 4.81 4.57 

May 22.06 24.82 9.13 9.33 13.78 15.55 3.90 4.32 3.36 3.46 4.72 5.16 

11

23 



'Heartland' Annual Average/Monthly Production (MGD) 




Jan 22.06 20.62 8.79 8.94 12.84 12.18 3.77 3.74 3.33 3.69 4.48 4.36 

Feb 22.08 21.16 8.99 9.18 12.97 12.71 3.81 3.92 3.35 3.58 4.45 3.91 

Mar 22.14 23.68 9.17 9.76 12.66 12.99 3.84 3.96 3.36 3.64 4.88 10.04 

Apr 22.11 25.58 9.24 9.83 13.66 27.10 3.88 4.31 3.37 3.56 4.81 4.57 

May 22.06 24.82 9.13 9.33 13.78 15.55 3.90 4.32 3.36 3.46 4.72 5.16 

WUP 

AAD: 35.03 14.06 27.71 5.92 5.71 7.04 

Note: City of Lakeland - WUP 4912.006, Expiration Date=Mar. 25, 2014 

City of Winter Haven - WUP 4607.014, Expiration Date=Apr. 19, 2016 

Polk County BOCC - WUP 6505.011, Expiration Date=Oct. 30, 2011 (Application in-house for .012); WUP 6506.008, Expiration Date=Nov. 17, 2029; 

WUP 6507.008, Expiration Date=Jul. 31, 2012; WUP 6508.010, Expiration Date=Apr. 10, 2032; WUP 6509.012, Expiration Date=Jul. 31, 2027; 

WUP 8054.005, Expiration Date=Jan. 29, 2012 (Application in-house for .007); 

City of Haines City - WUP 8522.009, Expiration Date=Oct 25, 2031 

City of Sebring - WUP 4492.012, Expiration Date=Mar. 5, 2030 

City of Auburndale - WUP 7119.009, Expiration Date=Feb. 26, 2014 

12

24 



Northern District Annual Average/Monthly Production (MGD) 

The Villages SW The Villages GW The Villages Reclaim Marion Co. Util. Dept. 

Annual 

Avg. 

Monthly 

Avg. 

Annual 

Avg. 

Monthly 

Avg. 

Annual 

Avg. 

Monthly 

Avg. 

Annual 

Avg. 

Monthly 

Avg. 

Citrus Co. 

Water Res./Util./Withla. 

Annual 

Avg. 

Monthly 

Avg. 

Hernando Co. Util. 

Dept. 

Annual 

Avg. 

Monthly 

Avg. 

Bay Laurel Comm. 

Develop. District 

Jan 3.96 2.07 13.10 8.92 2.15 2.70 5.92 3.93 9.10 7.24 18.33 14.99 3.22 1.89 

Feb 4.18 5.53 13.30 9.32 2.22 2.39 5.92 4.67 9.26 8.10 18.48 16.37 3.27 2.40 

Mar 3.98 2.02 14.01 15.25 2.30 2.82 6.00 5.93 9.59 10.38 18.73 18.87 3.36 2.87 

Apr 4.06 8.30 14.17 12.49 2.30 2.38 6.00 6.88 9.70 10.94 18.79 20.60 3.35 3.66 

May 3.95 2.73 14.90 25.29 2.31 2.26 6.04 7.02 9.86 12.80 18.96 23.82 3.41 4.60 

Jun 3.71 2.68 15.36 21.98 2.33 2.29 6.13 8.12 9.99 12.20 19.21 23.30 3.43 4.39 

Jul 3.80 6.49 15.10 11.25 2.37 2.46 6.03 5.50 9.98 10.02 19.25 19.68 3.36 3.14 

Aug 4.13 7.78 15.02 10.78 2.36 2.19 6.03 5.46 10.08 9.30 19.39 18.37 3.37 3.20 

Sep 4.16 7.66 15.11 12.30 2.39 2.40 5.89 5.80 10.00 9.24 19.46 19.74 3.33 3.69 

Oct 4.23 3.43 14.71 16.09 2.42 2.48 5.75 5.19 9.81 9.52 19.29 19.31 3.16 2.45 

Nov 4.25 2.04 14.78 18.33 2.45 2.67 5.67 5.02 9.80 9.18 19.25 18.98 3.06 2.13 

Dec 4.60 4.69 14.59 12.78 2.48 2.70 5.69 4.75 9.81 8.67 19.33 17.89 3.03 1.96 



Annual 

Avg. 

Monthly 

Avg. 

Annual 

Avg. 

Monthly 

Avg. 

Annual 

Avg. 

Monthly 

Avg. 

Annual 

Avg. 

Monthly 

Avg. 

Citrus Co. 


Annual 

Avg. 

Monthly 

Avg. 


Dept. 

Annual 

Avg. 

Monthly 

Avg. 

Annual 

Avg. 

Monthly 

Avg. 



Jan 4.56 1.51 15.23 16.44 2.49 2.80 5.78 5.05 9.87 7.97 19.51 17.00 3.03 1.84 

Feb 4.27 1.67 15.55 13.08 2.55 3.11 5.78 4.41 9.87 7.88 19.60 16.97 2.97 1.60 

Mar 4.39 3.44 15.55 15.26 2.57 3.02 5.73 5.38 9.74 8.87 19.65 19.45 2.92 2.25 

Apr 3.94 2.83 16.58 25.00 2.61 2.92 5.75 7.13 9.70 10.39 19.66 20.77 2.87 3.05 

May -- -- 15.21 -- 18.53 -- 2.61 -- 6.25 -- 5.73 6.76 9.50 10.48 19.53 22.32 2.73 3.01 

Jun -- -- -- -- -- -- 5.39 4.01 9.14 7.78 19.02 17.00 -- -- 

Annual 

Avg. 

Monthly 

Avg. 

13

25 


The Villages 

Northern District Annual Average/Monthly Production (MGD) 


Annual 

Avg. 

Monthly 

Avg. 

Annual 

Avg. 

Monthly 

Avg. 

Annual 

Avg. 

Monthly 

Avg. 

Annual 

Avg. 

Monthly 

Avg. 

Citrus Co. 


Annual 

Avg. 

Monthly 

Avg. 


Dept. 

Annual 

Avg. 

Monthly 

Avg. 



Jan 4.56 1.51 15.23 16.44 2.49 2.80 5.78 5.05 9.87 7.97 19.51 17.00 3.03 1.84 

Feb 4.27 1.67 15.55 13.08 2.55 3.11 5.78 4.41 9.87 7.88 19.60 16.97 2.97 1.60 

Mar 4.39 3.44 15.55 15.26 2.57 3.02 5.73 5.38 9.74 8.87 19.65 19.45 2.92 2.25 

Apr 3.94 2.83 16.58 25.00 2.61 2.92 5.75 7.13 9.70 10.39 19.66 20.77 2.87 3.05 

May -- -- 15.21 -- 18.53 -- 2.61 -- 6.25 -- 5.73 6.76 9.50 10.48 19.53 22.32 2.73 3.01 

Jun -- -- -- -- -- -- 5.39 4.01 9.14 7.78 19.02 17.00 -- -- 

WUP 

AAD: 23.06 9.70 12.14 27.00 2.56 * 

Note: The Villages - WUP 13005.003, Expiration Date=Mar. 26, 2017 

Marion County Utilties Dept. - WUP 377.008, Expiration Date=Sep. 25, 2013; WUP 2999.004, Expiration Date=Jan. 14, 2015; WUP 6151.009, Expiration Date=Sep. 7, 2021; 

WUP 6884.002, Expiration Date=Aug. 2, 2020; WUP 7849.004, Expiration Date=Mar. 5, 2017; WUP 8165.005, Expiration Date=Sep. 18, 2014; 

WUP 8481.005, Expiration Date=Mar. 31, 2019; WUP 11752.001, Expiration Date=Jun. 12, 2018; WUP 12218.001, Expiration Date=Jun. 25, 2012 

Citrus County Water Resources Dept./Withlacoochee Regional Water Supply Auth. - WUP 729.003, Expiration Date=May 21, 2014; WUP 2842.008, Expiration Date= 

May 20, 2015; WUP 7121.005, Expiration Date=Jan. 27, 2010 (Application In-House for .006); WUP 7879.003, Expiration Date=Dec. 6, 2017; WUP 9791.007, 

Expiration Date=Feb. 24, 2015 (Application In-House for .008) 

Hernando County Utilities Dept. - WUP 2179.004, Expiration Date=June 2, 2019; WUP 2983.011, Expiration Date=Dec. 20, 2021; WUP 5789.006, Expiration Date= 

Jan. 26, 2015; WUP 12011.002, Expiration Date=Sep. 10, 2014 

Bay Laurel Community Development District (formerly On Top of the World Communities) - WUP 1156.012, Expiration Date=Oct. 28, 2021 

* The AAD decreased from 5.82 to 2.56 when the new revision was issued Oct. 28, 2011, splitting the permit into 5 separate permits. 

Annual 

Avg. 

Monthly 

Avg. 

14

26 

�� 

�� 

1,800 

1,600 

1,400 

1,200 

1,000 

800 

600 

400 

200 

0 

SOUTHERN WATER USE CAUTION AREA 

TOTAL AND FLORIDAN AQUIFER PERMITTED 

ANNUAL AVERAGE QUANTITIES AND 

ESTIMATED ANNUAL AVERAGE 

GROUNDWATER QUANTITIES USED 

�� 

�� 

�� 

1998 1999 2000 2001 2002 2003 2004 2005 

Year 

2006 2007 2008 2009 2010 2011 2012 

�� 

�� 

�� 

�� 

�� 

�� 

��

27 

Under Review (1) 

Permit No. Permit Holder Use Type 

Overpumpage Report 

May 2012 

Permitted 

Quantity 

222.006 Lake Hancock Partners LLP Agricultural 107,600 gpd 

4516.008 Central Ridge, Inc. Agricultural 188,700 gpd 

5920.011 Pioneer Grove, Inc. Agricultural 320,100 gpd 

9492.003 Premier Citrus LLC Agricultural 364,100 gpd 

12991.001 

HBT of Eagle Point LLC 

C/O Young & Madigan SC 

Agricultural 177,800 gpd 

9633.005 G & D Farms, Inc. Agricultural 200,200 gpd 

9915.006 S & J Farms, Inc. Agricultural 371,400 gpd 

Original 

Report Date 

Annual Avg. Use 

Percent Over 

3/01/2012 

417,579 gpd 

288.08% 

3/01/2012 

209,515 gpd 

11.03% 

3/01/2012 

560,015 gpd 

74.95% 

3/01/2012 

406,306 gpd 

11.59% 

3/01/2012 

292,403 gpd 

64.46% 

3/01/2012 

302,900 gpd 

51.29% 

3/01/2012 

484,321 gpd 

30.39% 

Current Report 

Date 

Annual Avg. 

Use 

Percent Over 

6/01/2012 

128,883 gpd 

19.78% 

6/01/2012 

210,531 gpd 

11.57% 

6/01/2012 

542.197 gpd 

69.38% 

6/01/2012 

408,704 gpd 

12.25% 

6/01/2012 

305,718 gpd 

71.94% 

6/01/2012 

210,775 gpd 

5.28% 

6/01/2012 

578,148 gpd 

55.67% 

Service 

Office 

Bartow 

Bartow 

Bartow 

Sarasota 

Sarasota 

Tampa 

Tampa 

(1) Preliminary determination is that permits are in non-compliance; file is being prepared for OGC or is under review by Regulation staff.

28 

Under Review (1) 


7038.004 

7291.004 

5629.009 

12890.000 

7105.008 

4285.005 

4345.010 

6128.007 

5646.009 

Bloomingdale 

Golf LLC 

V.C. 

Hollingsworth Sr. 

Estate 

Davis Enterprises, 

Inc. 

Wise Seed Co. 

Inc. 

Riverview Grove 

Ltd. 

The Ridge 

Irrigation 

Cooperative 

Mixon Family 

Farm, Inc. 

Ben Hill Griffin, 

Inc. 

Pinecrest on 

Lotela, Inc. 

Recreational/ 

Aesthetic Golf 

Course 


May 2012 

Permitted 

Quantity 

86,500 gpd 







Recreational/ 

Aesthetic 

Recreational/ 

Aesthetic 

337,900 gpd 

159,300 gpd 

Original 

Report Date 


Percent Over 

3/01/2012 

654,516 gpd 

656.67% 

3/01/2012 

202,107 gpd 

20.73% 

3/01/2012 

220,700 gpd 

20.59% 

3/01/2012 

265,574 gpd 

15.82% 

3/01/2012 

297,751 gpd 

13.69% 

3/01/2012 

259,915 

7.63% 

3/01/2012 

760,041 gpd 

10.41% 

3/01/2016 

414,956 gpd 

22.79% 

12/28/2011 

225,101 gpd 

41.31% 


Date 


Percent Over 

6/01/2012 

267,685 gpd 

209.46% 

6/01/2012 

317,085 gpd 

89.42% 

6/01/2012 

196,589 gpd 

7.43% 

6/01/2012 

263,438 gpd 

14.89% 

6/01/2012 

276,444 gpd 

5.55% 

6/01/2012 

261,381 gpd 

8.23% 

6/01/2012 

777,742 gpd 

12.98% 

6/01/2012 

453,142 gpd 

34.11% 

6/1/2012 

205,861 gpd 

29.23% 

Service Office 

Tampa 

Sarasota 

Bartow 

Bartow 

Tampa 

Bartow 

Bartow 

Bartow 

Bartow 

(1) Preliminary determination is that permits are in non-compliance; file is being prepared for OGC or is under review by Regulation staff.

29 

(1) 

Under Review 


Continuing From Previous Report 

11059.006 

Glen Lakes Partnership, 

Inc. 

20120.000 Kasmark, Inc. 

1259.005 

Leffie M Carlton LII & 

Charles D Carlton 


May 2012 

Recreational/ 

Aesthetic 

Recreational/ 

Aesthetic 

Permitted 

Quantity 

402,200 gpd 

192,440 gpd 

Agriculture 248,100 gpd 

504.005 Ray Bob Groves, Inc. Agriculture 194,700 gpd 

8327.006 

Laman Land Development 

LLC 2 

Recreational/ 

Aesthetic 

225,500 gpd 

13171.002 Stony Pointe LP Agricultural 127,300 gpd 

8833.005 Seville LLC 

Recreational/ 

Aesthetic 

307,000 gpd 

Original 

Report Date 

Annual Average 

Use 

Percent Over 

2/01/2012 

491,429 gpd 

22.19% 

2/01/2012 

268,169 gpd 

39.35% 

2/01/2012 

278,944 gpd 

12.43% 

2/01/2012 

223,603 gpd 

14.84% 

4/01/2012 

272,486 gpd 

20.84% 

12/28/2011 

170,630 gpd 

34.04% 

10/27/2011 

409,674 gpd 

33.44% 


Date 

Annual Avg. 

Use 

Percent Over 

6/01/2012 

455,843 gpd 

13.34% 

6/01/2012 

236,345 gpd 

22.81% 

6/01/2012 

279,103 gpd 

12.50% 

6/01/2012 

235,578 gpd 

21.00% 

6/01/2012 

285,342 gpd 

26.54% 

5/1/2012 

228,553 gpd 

79.54% 

6/1/2012 

339,401 gpd 

10.55% 

Service 

Office 

Brooksville 

Brooksville 

Bartow 

Bartow 

Bartow 

Brooksville 

Brooksville 

(1) Preliminary determination is that permit is in non-compliance; file is being prepared for OGC or is under review by Regulation staff. 

(2) WUP 8327.006 is currently in-house for renewal. New allocation will lower overpumpage percentage to 17.47%.

30 


May 2012 

(3) (4) (5) 

Legal Action Request in Process Active Files in Legal and Consent Order Monitoring 



8785.009 

Escalante – Black 

Diamond Golf Club, 

LLC 3 

3389.008 MJS Golf Group LLC 3 

12061.003 

2132.004 Flying V, Inc. 3 

5472.009 

11031.003 

9192.003 

Recreational/ 

Aesthetic 

Golf Course 

Recreational/ 

Aesthetic 

Golf Course 

Permitted 

Quantity 

757,080 gpd 

76,607 gpd 

Hunt Bros, Inc. / Attn. 

William Hunt 3 Agriculture 111,200 gpd 


Hunt Bros, Inc. / Attn. 

William Hunt 3 Agriculture 158,400 gpd 

Growers Investment 

Group LLC 3 Agriculture 171,000 gpd 

Bowen Bros. Inc. C/O 

Matthew E Green 3 Agriculture 218,700 gpd 

Original 

Report Date 

Annual Avg. 

Use 

Percent Over 

8/29/2011 

986,650 gpd 

30.32% 

11/28/2011 

1,162,744 gpd 

1,417.80% 

11/01/2011 

125,290 gpd 

12.67% 

4/01/2012 

119,781 gpd 

15.06% 

3/01/2012 

389,762 gpd 

146.06% 

2/01/2012 

271,868 gpd 

58.99% 

3/01/2012 

171,503 gpd 

6.13% 


Date 

Annual Avg. 

Use 

Percent Over 

6/1/2012 

924,457 gpd 

22.11% 

6/1/2012 

171,707 gpd 

124.14% 

6/01/2012 

139,623 gpd 

25.56% 

6/01/2012 

141,412 gpd 

35.84% 

6/01/2012 

227,685 gpd 

43.74% 

6/01/2012 

311,710 gpd 

82.29% 

6/01/2012 

458,485 gpd 

109.64% 

Service 

Office 

Brooksville 

Brooksville 

Bartow 

Bartow 

Bartow 

Bartow 

Bartow 

(3) Legal Action Request is in the process of being completed which will be sent to Legal for potential enforcement action. 

(4) Regulation staff concurs with non-compliance and file is in Legal for enforcement. No reported data available for April 2012. 

(5) Legal pursued enforcement action and a Consent Order has been signed; corrective actions are now being monitored for compliance. 

GB 

Approved 

CO Date

31 


May 2012 

(3) (4) (5) 

Legal Action Requests in Process Active Files in Legal and Consent Order Monitoring 



12652.004 

8020.007 

1345.002 

Highland Reserve 

Golf Club 3 

Association of Marion 

Landing Owners, 

Inc. 3 

Royal Oaks of Citrus 

HOA 3 

6274.010 Premier Citrus LLC 3 

Recreation/ 

Aesthetic 

Golf Course 

Public 

Supply 

Public 

Supply 

7704.005 Country Club Utilities 4 Public 

Supply 

9791.008 

Citrus County – 

Sugarmill Woods* 5 

10392.005 MILMACK INC. 5 

Permitted 

Quantity 

241,000 gpd 

179,400 gpd 

68,000 gpd 


Public 

Supply 

Recreation/ 

Aesthetic 

Golf Course 

183,000 gpd 

2,211,000 gpd 

282,700 gpd 

Original 

Report Date 

Annual Avg. 

Use 

Percent Over 

3/01/2012 

269,468 gpd 

11.81% 

12/28/2011 

216,027 gpd 

20.42% 

12/28/2011 

87,244 gpd 

28.30% 

6/28/2011 

1,125,129 gpd 

49.54% 

6/28/2011 

259,063 gpd 

41.56% 

6/28/2006 

2,783,803 gpd 

25.91% 

11/28/2008 

339,678 gpd 

20.15% 


Date 

Annual Avg. 

Use 

Percent Over 

6/01/2012 

335,900 gpd 

39.38% 

6/1/2012 

190,363 gpd 

6.11% 

6/01/2012 

74,994 gpd 

10.29% 

6/1/2012 

729,711 gpd 

-3.08% 

6/1/2012 

333,693 gpd 

82.35% 

6/1/2012 

2,354,118 gpd 

6.47% 

6/1/2012 

364,103 gpd 

28.79% 

(3) Legal action request is in the process of being completed which will be sent to Legal for potential enforcement action. 

(4) Regulation staff concurs with non-compliance and file is in Legal for enforcement. No reported data available for April 2012. 

(5) Legal pursued enforcement action and a Consent Order has been signed; corrective actions are now being monitored for compliance. 

*WUP 9791 – Citrus County had a Permitted Annual Average of 2,010,000 gpd until February 24, 2009 (new revision issued) 

Service 

Office 

Bartow 

Brooksville 

Brooksville 

Sarasota 

Bartow 

GB 

Approved 

CO Date 

Brooksville AUG 11 

Bartow FEB 12

32 

PERMIT 

Well Construction Permits 

Public on-line use for applications and 

completion report submission 

Water Use Permits 

Public on-line use for applications 

Environmental Resource Permits 

Public on-line use for applications 

E-Permitting Performance Metrics 

June 2012 

MAY 

2012 

94% 

(832) 

41% 

(47) 

35% 

(72) 

JUNE 

2012 

91% 

(615) 

52% 

(47) 

38% 

(80) 

SIX MONTH 

AVERAGE 

92% 

(4,297) 

40% 

(247) 

31% 

(403) 

ONE YEAR 

AVERAGE 

91% 

(7,557) 

35% 

(457) 

24% 

(633) 

GOAL: Reach online utilization of 80% for each category by October 1, 2013. This will be based 

on the annual average.

33 

PERMIT 

NUMBER 

4316026.006 

4340538.001 

4340465.001 

PROJECT 

NAME 

Glen Hollow Farms – 

Hollow Hole Lake 

FDOT – US 41 from 

Enterprise Drive to 

South Salford Blvd 

Crystal Springs 

Aggregate Transfer 

Facility 

INDIVIDUAL PERMITS ISSUED: ERPS – JUNE 2012 

COUNTY DESCRIPTION 

TOTAL 

PROJECT 

ACRES 

WETLAND 

ACRES 

WETLAND 

ACRES 

IMPACTED 

WETLAND 

MITIGATION 

ACRES 

Sumter Mining of a wetland 68.46 27.32 2.75 16.23 

Sarasota 

Pasco 

4932972.001 Wildwood Springs DRI Sumter 

4308387.062 

4940480.001 

TPA Airfield Drainage 

Rehabilitation 

Landia Chemical 

Company 

Hillsborough 

Polk 

Widening of a 3.78-mile segment 

of U.S. Highway 41 (from 

Enterprise Drive to South Salford 

Drive), in 

Charlotte County and Sarasota 

County 

Construction of an industrial 

aggregate transfer facility 

Conceptual permit for a future 

mixed-use residential and 

commercial development 

HCAA proposes to maintain and 

clean ditches on airport property 

to improve drainage and reduce 

hazardous wildlife attractants 

Conceptual permit to lock-in 

existing (pre 1984) impervious 

area 

131.18 0.37 0.05 0.00 

91.60 13.86 1.39 0.00 

1,049.76 175.88 2.09 47.75 

30.22 26.39 1.41 0.00 

4.17 0.00 0.00 0.00 

Wetland Mitigation Acres may be zero or less than Wetland Acres Impacted for a variety of reasons. Some of those reasons 

are: impacted wetlands require no mitigation by rule (e.g., upland cut manmade ditches, etc.); quality of the impacted wetlands 

is less than the quality of proposed mitigation; or mitigation is provided through a different permit or a mitigation bank.

34 

PERMIT 

NUMBER 

PERMITTEE NAME / 

PROJECT NAME 

INDIVIDUAL PERMITS ISSUED: WUPS –JUNE 2012 

COUNTY DESCRIPTION USE TYPE 

PREVIOUS 

PERMITTED 

QUANTITY 

NEW 

PERMITTED 

QUANTITY 

20003258.007 Parker Farms Hardee Irrigation of row crops Agricultural 170,600 171,600 10 

20008737.008 Boarshead Ranch Pasco 

20012264.002 Oak Knoll Farms Manatee 

20020281.000 TDM Sumter County Sumter 

Renewal with decrease in 

quantities 

Irrigation of 306.9 acres of 

spring and fall cucumbers 

New permit for irrigation of 

sod 

DURATION 

(YEARS) 

Agricultural 1,165,000 1,050,000 10 

Agricultural 1,398,300 1,398,300 10 

Agricultural 0 508,900 10


July 31, 2012 

Routine Report 

Item 28 

Resource Regulation Significant Initiatives Report 

This report provides information regarding significant activities within the Resource Regulation 

Division. Recent activity within each of the District's major permitting programs is provided, 

followed by information regarding other significant activities. 

� Central Florida Water Initiative (CFWI) – The District continues to coordinate with the St. 

Johns River and South Florida Water Management Districts, the Florida Departments of 

Environmental Protection (DEP) and Agriculture and Consumer Services (DACS), and public 

water supply utilities on the assessment of groundwater sustainability and development of water 

supply solutions, including regulations, for the Central Florida Coordination Area (CFCA). The 

initiative, now known as the Central Florida Water Initiative (CFWI) to reflect the emphasis on 

stakeholder involvement, is focused on a single model solution, creating a consistent definition 

of environmental impact/harm, agreement on the baseline reference condition and a basis of 

review for all technical decisions. Once these milestones are achieved, the emphasis will shift to 

determining groundwater availability and the potential necessity of alternative water supplies to 

meet the regional water supply demand. A decision-making process has been established 

featuring an Executive Steering Committee comprised of one Governing Board member from 

each district, senior level staff representatives from DEP and DACS, and a public water supply 

utilities representative. A Management Oversight Committee and a Technical Oversight 

Committee form the next level of governance. These committees supervise the technical teams 

that perform hydrologic modeling, environmental assessments, planning and analysis and 

development of resource management options for consideration by the Steering Committee. 

Further information on the CFWI can be found at the website www.cfwiwater.com. New 

activities since last meeting: The Regional Water Supply Plan Team for CFWI held a kickoff 

meeting on June 28 th in St. Cloud and 75 people attended and offered input. All meeting 

materials have been posted on the CFWI website. The delivery of the groundwater model for the 

region by U.S. Geological Survey was delayed until late June. The Hydrologic Analysis Team 

is reviewing the model documentation and initial model results, and is working to revise 

agricultural water use data sets to address stakeholder concerns. This will result in a two to 

three month delay in the CFWI critical path to develop planning level estimates of groundwater 

availability and a similar delay in completion of a Regional Water Supply Plan. The delay will 

ensure the accommodation of stakeholder input, provide greater certainty in groundwater 

availability estimates, and will have no negative implications with regard to regulations or 

statutory requirements. The CFWI Steering Committee will meet on August 10 th in Kissimmee 

and consider revisions to the Key Component Tracking Schedule. 

� Establishment of Numeric Water Quality Standards for Nutrients – Under the Clean Water 

Act (CWA) Section 303, states are required to establish water quality standards, which define 

the amounts of pollutants (in either numeric or narrative form) that waters can contain without 

impairment of their designated beneficial uses. Florida currently uses a narrative nutrient 

standard to guide the management and protection of its waters. In July 2008, the Florida Wildlife 

Federation and other environmental groups sued the Environmental Protection Agency (EPA) 

in an attempt to compel the prompt adoption of numeric nutrient criteria in Florida. EPA signed a 

consent decree (subsequently revised) which obligates them to adopt final numeric nutrient 

standards for Florida’s fresh water lakes and streams by November 2010 and estuaries and 

coastal systems by November 2012. The final rule for lakes and flowing waters was published in 

the Federal Register on December 6, 2010. The rule takes effect 15 months after publication 

35

Item 28 

except for the Site-Specific Alternative Criteria (SSAC) provision, which was effective starting 

March 2011. In April 2011, the FDEP filed a petition requesting the EPA withdraw its January 

2009 determination, that numeric criteria are necessary in Florida, and restore to the state its 

responsibility for the control of excess nutrients. In a June 2011 response, EPA did not grant or 

deny the petition. EPA noted they will repeal the existing federally promulgated freshwater 

numeric criteria if FDEP adopts and EPA approves of protective criteria. EPA also noted they 

will not propose or promulgate criteria for any as yet unaddressed waters (estuarine, coastal, 

south Florida canals) if FDEP adopts legally effective criteria under Florida law. EPA stated they 

would seek an extension to the deadlines in the consent decree so that Florida can continue to 

focus on completing its own rulemaking provided FDEP has made substantial progress toward 

adoption of approvable standards. As a result of the EPA response, FDEP pursued rule 

development of criteria for fresh water lakes, springs and streams. In October 2011, FDEP 

published a Statement of Estimated Regulatory Costs (SERC) related to their water quality 

standards rulemaking. The SERC concludes that the rules are not likely to impact economic 

growth, private-sector employment or have an adverse impact on business competitiveness. It 

also states the rule is likely to increase regulatory costs and may impact greater than 5,000 

small businesses. It states the cost to implement the rules will likely be borne by large entities, 

such as wastewater dischargers, agricultural and urban stormwater dischargers. In December 

2011, the Florida Wildlife Federation and other environmental groups filed suit against FDEP to 

invalidate the existing and proposed rules relating to nutrient criterion in Chapter 62-302, Florida 

Administrative Code. The petitioners claim the rules are not designed to protect state waters 

from nutrient over-enrichment. On December 6, 2011, Floridan State University published The 

Economic Impact of the FDEP Proposed Numeric Nutrient Criteria in Florida. The report 

estimates the final median annual costs associated with the FDEP rule are $80,523,041. No 

costs were calculated for facilities discharging in the South Nutrient Watershed Region. On 

December 8, 2011, the State’s Environmental Regulation Commission (ERC) approved FDEP’s 

proposed rules with additional amendments. Legislation ratifying FDEP’s rules was signed into 

law on February 16, 2012. FDEP formally transmitted the rules to EPA for approval the following 

week. The US District Court, Judge Hinkle, issued an initial ruling on several of the pending 

legal challenges. The order upheld EPA’s determination that numeric criteria are necessary, 

upheld the lake and springs criteria, but rejected the streams criteria. On May 30, 2012, Judge 

Hinkle granted a motion to extend the deadlines for filing draft and final coastal, estuarine and 

South Florida flowing waters criteria to July 2012 and May 2013 respectively. The motion to 

extend the deadline for setting draft and final criteria for streams to November 2012 and August 

2013 was also granted. New activities since last meeting: On June 7, 2012, Florida 

Administrative Law Judge Canter ruled on the December 2011 challenge by upholding FDEP’s 

rules noting they are reasonably designed to prevent pollution and show a rational basis. This 

decision allows EPA to formally act on the proposed state rules. On June 28, 2012, Judge 

Hinkle approved an extension of the EPA lake and flowing water rule’s effective date from 

July 6, 2012 to January 6, 2013. The extension allows EPA additional time to review and 

approve or disapprove Florida’s rule and, if necessary, withdraw the corresponding Federal 

criteria. In June 2012, the Florida Congressional Delegation sent letters to EPA urging the 

agency to promptly review and approve the FDEP rules. 

� Conserve Florida Statewide Public Supply Water Conservation Initiative – Conserve 

Florida is the name of the collaborative effort to fulfill the requirements of Chapter 373.227, 

Florida Statutes to develop a comprehensive statewide water conservation program for public 

suppliers that provides them with utility-specific options. The main product of this initiative, to 

date, is a tool for utilities to use when developing or updating their water conservation plans; the 

current version is a web-based computer application known as “EZ Guide 2.0” that helps identify 

optional elements to include in a water conservation plan based on each utility's service area 

characteristics. To use this tool, the utility needs a GIS shapefile of its service area and a list of 

the potable water system identification numbers that it uses to report data to the Florida 

Department of Environmental Protection (DEP). The tool combines that information with 

36

Item 28 

parcel-specific data from the Florida Department of Revenue, county tax collector and other 

public databases to develop a water use profile unique to the utility. That uncalibrated profile 

can be refined with optional utility-provided data, such as the results of a recent system water 

audit or an inventory of automatic irrigation systems and commercial accounts. The tool then 

uses the refined profile and goals set by the utility, such as a per capita requirement or a limited 

water conservation program budget, to select the appropriate water conservation best 

management practices (BMPs) and identify the optimal number of units of implementation for 

each BMP (such as how many toilet rebates to offer). A Steering Committee provides 

policy-level oversight and a Technical Advisory Group provides draft product review and other 

as-needed technical input to the Florida Department of Environmental Protection (DEP) staff 

that manage the Conserve Florida Clearinghouse. The Clearinghouse, currently hosted by the 

University of Florida (UF) under contract from DEP, provides technical support for the EZ Guide, 

an on-line water conservation library, and other core services. The District's financial 

contribution to DEP’s current $325,000 two-year contract with UF is $75,000, all of which is from 

Fiscal Year 2011, for a scope of work that focuses on keeping basic Clearinghouse services 

available while also making targeted fixes and adding priority functions to the EZ Guide so that 

more public suppliers will use it for permitting, compliance and planning processes. The District 

budgeted an additional $75,000 for Fiscal Year 2012 to fund the programming associated with 

additional BMPs and other features which would only benefit public suppliers within the District, 

such as calculations consistent with rule-required per capita formulas. In October 2011, public 

suppliers from three water management districts attended a hands-on workshop regarding the 

EZ Guide that was held at the Tampa Service Office. This workshop was taught by UF staff 

and graduate students; it resulted in each utility participant leaving with access to pre-populated 

profiles for their service areas, so that they can refine the profiles and use them to develop a 

water conservation plan for each water use permit or combination of permits, and 

UF representatives receiving valuable feedback regarding how to continue improving the EZ 

Guide. On November 9, 2011, District staff and the DEP contract manager had a conference 

call to discuss priorities for the District-specific Fiscal Year 2012 funding. The contract 

manager agreed to seek clarification from UF regarding the cost and effort associated with 

these priorities. This has evolved into an ongoing broader statewide discussion as part of the 

Central Florida Water Initiative and statewide permitting consistency efforts. New activities 

since last meeting: Staff from DEP met with UF on June 5, 2012 to discuss the result of 

recent statewide discussions to identify features from each water management district’s 

conservation planning tool that should be added to the EZ Guide so that all parties can use this 

one tool. A proposed amended budget for DEP’s contract with UF for hosting the EZ Guide 

and other Clearinghouse services was sent to the water management districts on June 27, 

2012. 

� Water Shortage Order Implementation – Each time water shortage restrictions are declared, 

extended, modified or rescinded, certain implementation activities occur. An advertisement 

must be published in applicable newspapers. Notices must be mailed to affected Water Use 

Permit holders. Local government officials must also be apprised and efforts by the 

Communications Bureau to inform the general public must be supported by Demand 

Management staff. New activities since last meeting: Staff continues to review system 

status reports that must be submitted by public suppliers subject to the Modified Phase II and 

Modified Phase III orders. Staff prepared newspaper ads announcing extension of the Phase I 

and Phase III orders to appear in the July 5, 2012 editions of applicable newspapers. Required 

letter-style notices were also drafted. Website materials were updated and news releases 

have been published by the Communications Bureau. 

� Water Restriction Hotline – Demand Management staff continues to maintain a toll-free 

telephone number (1-800-848-0499) and e-mail address (water.restrictions@ 

watermatters.org) that citizens and local officials can use to ask questions, report possible 

37

Item 28 

violations, and request information about water shortage restrictions, year-round water 

conservation measures and associated local government ordinances. New activities since 

last meeting: The hotline answered 807 calls during the four-week period that ended 

June 29, 2012; this equates to about 111 calls per week. During that same period, the hotline 

also answered 202 e-mails. Hotline activity resulted in 78 first-time violation letters being sent 

to a property owner or manager and 6 repeat-violation situations were referred to a local 

enforcement agency for investigation. In addition, 15 variances (requests for a special watering 

schedule that abides by the basic intent of current restrictions) were also approved or otherwise 

resolved. 


This item is provided for the Committee’s information, and no action is required. 

Presenter: Alba E. Más, P.E., Regulation Division Director 

38

ENV RES PERMITS ISSUED 

TYPE OF PERMIT MAY 2012 

MONTHLY 

TOTAL 

6-MONTH 

AVERAGE 

Item 28 

12-MONTH 

AVERAGE 

General Minor System 26 19 21 

Noticed General 10 8 7 

General 72 67 69 

Individual 5 4 6 

Exemption 57 51 55 

Formal Wetland Determination 6 4 5 

ERP Conceptual 2 1 1 

ERP Site Condition 0 0 0 

Letter Modification 58 51 45 

ENV RES ACRES PERMITTED 

TOTALS 236 205 209 

MONTHLY 

TOTAL 

6-MONTH 

AVERAGE 

12-MONTH 

AVERAGE 

General Minor System 26.73 27 31 

Noticed General 46.19 617 474 

General 661.66 612 719 

Individual 789.73 716 1211 

Exemption 161.5 370 724 

Formal Wetland Determination 370.2 485 772 

ERP Conceptual 742.58 382 392 

ERP Site Condition 0 0 0 

Letter Modification 3082.61 2101 1920 

WATER USE PERMITS ISSUED 

TOTALS 5881.2 5310 6243 

MONTHLY 

TOTAL 

6-MONTH 

AVERAGE 

12-MONTH 

AVERAGE 

Small General 35 43 45 

General 27 22 22 

Individual 6 8 6 

Letter Modification 38 20 22 

WELL CONSTRUCTION PERMITS ISSUED 

TOTALS 106 93 95 

MONTHLY 

TOTAL 

6-MONTH 

AVERAGE 

12-MONTH 

AVERAGE 

Well Construction 645 586 490 

COMPLIANCE ACTIVITIES 

MONTHLY 

TOTAL 

6-MONTH 

AVERAGE 

12-MONTH 

AVERAGE 

Water Use Inspection (includes Well Tag Installations) 34 23 39 

ERP/WUP Permit Condition Violation 3 24 28 

ERP/WUP Expired/Expiring 65 46 85 

ERP/WUP Permit Ownership Trnsfr 11 23 27 

ERPs Re-certification Received 490 473 461 

ERP/WUP Complaints Received 56 47 51 

ERP Construction Inspection 985 771 799 

ERP As-Built Activities 121 134 152 

ERP Transfer to Operation 117 105 124 

Well Abandonments/Grouting 37 34 36 

Other Well Construction Inspections 107 79 76 

AGRICULTURAL GROUND & SURFACE WATER 

MGT PROJECT DESIGNS (AGSWM) 

TOTALS 2026 1759 1878 

MONTHLY 

TOTAL 

6-MONTH 

AVERAGE 

12-MONTH 

AVERAGE 

Ordinary Farming 1 2 2 

Temporary Farming 0 0 0 

Permanent Farming 1 2 2 

TOTALS 2 4 4 

39

D. Operations & 

Land Management


July 31, 2012 

OPERATIONS &LAND MANAGEMENT COMMITTEE 



30. Hydrologic Conditions Status Report ........................................ (10 minutes) .................. 2 


31. Tropical Storm Debby Emergency Operations Activities .................................................... 4 

32. Surplus Lands Assessment Update .................................................................................. 6 

33. Flying Eagle Nature Center Update ................................................................................... 7 


34. Structure Operations ......................................................................................................... 10 

35. Significant Activities ........................................................................................................... 24


July 31, 2012 


Hydrologic Conditions Status Report 

Item 30 

This routine report provides information on the general state of the District's hydrologic 

conditions, by comparing rainfall, surface water, and groundwater levels for the current month to 

comparable data from the historical record. The data shown are typically considered final, fully 

verified monthly values, but occasionally, due to timing of publication, some data are identified 

as "provisional," meaning that the values shown are best estimates based on incomplete data. 

The information presented below is a summary of data presented in much greater detail in the 

Hydrologic Conditions Report published the week before the Governing Board meeting, which 

also includes an updated provisional summary of hydrologic conditions as of the date of 

publication. It is available at http://www.swfwmd.state.fl.us/waterres/hydro/hydro.htm. 

Rainfall 

Provisional rainfall totals as of June 30 were above-normal in all three regions of the District. 

The normal range is defined as rainfall totals that fall on or between the 25 th to 75 th percentiles 

derived from the historical data for each month. 

• Northern region rainfall averaged 16.21 inches, equivalent to the 100 th percentile 

• Central region rainfall averaged 16.46 inches, equivalent to the 99 th percentile. 

• Southern region rainfall averaged 13.68 inches, equivalent to the 93 rd percentile. 

• District-wide, average rainfall was 15.43 inches, equivalent to the 99 th percentile. 

Streamflow 

Streamflow data for June indicate that flow in regional index rivers increased in all three regions 

of the District, compared to the previous month. Streamflow conditions ended the month belownormal 

in the northern region, above-normal in the central region and within the normal range in 

the southern region. Normal streamflow is defined as flow that falls on or between the 25 th and 

75 th percentiles. 

• The monthly average streamflow in the Withlacoochee River near Holder in the northern 

region was in the 16 th percentile. 

• The monthly average streamflow measured in the Hillsborough River near Zephyrhills in the 

central region was in the 81 st percentile. 

• The monthly average streamflow measured in the Peace River at Arcadia in the southern 

region was in the 58 th percentile. 

Groundwater Levels 

Groundwater data for June indicate levels in the Floridan/Intermediate aquifer increased in all 

three regions of the District, compared to last month. Groundwater conditions ended the month 

within the normal range in all three regions. Normal groundwater levels are defined as those 

falling on or between the 25 th and 75 th percentiles. 

• The average groundwater level in the northern region was in the 30 th percentile. 

• The average groundwater level in the central region was in the 42 nd percentile. 

• The average groundwater level in the southern region was in the 32 nd percentile. 

2

Item 30 

Lake Levels 

Water-level data for June indicate average lake levels increased in all regions of the District, 

with the Northern, Polk Uplands and Lake Wales regions ending the month below the base of 

the annual normal range, while the Tampa Bay region ended the month within the normal range. 

Normal lake levels are generally considered to be levels that fall between the minimum low 

management level and the minimum flood level. 

• Average levels in the Northern region increased 2.30 feet and were 3.64 feet below the base 

of the annual normal range. 

• Average lake levels in the Tampa Bay region increased 1.88 feet and were 0.85 foot above 

the base of the annual normal range. 

• Average lake levels in the Polk Uplands region increased 0.97 foot and were 1.20 feet below 

the base of the annual normal range. 

• Average lake levels in the Lake Wales Ridge region increased 0.67 foot and were 3.86 feet 

below the base of the annual normal range. 

Issues of Significance 

June marks the start of the official four-month rainy season (June through September) and 

rainfall totals for the month saw accumulations well above-normal in all regions of the District. 

Rainfall during the first three weeks of June began normally, with typical scattered and 

regionally variable showers/thunderstorm activity. Severe weather conditions occurred on 

June 23-26 associated with Tropical Storm Debby, which brought gusty winds, extensive 

rainfall, approximately 51 percent of the month’s total rainfall, moderate to severe localized 

flooding in some areas, and nearly 8.0 inches of rainfall District-wide with local accumulations of 

over 15.8 inches reported. Rainfall amounts received in the Northern region during June set a 

new record high for rainfall accumulations in a single month. 

District-wide, the provisional 12-month cumulative rainfall deficit was erased in June and ended 

the month at a surplus of approximately 1.43 inches above the long-term historical average. The 

24-month deficit improved and was reduced to approximately 6.8 inches below the long-term 

historical average. 

The abundant rainfall associated with Tropical Storm Debby erased “drought” conditions 

throughout the District and allowed declining hydrologic indicators to significantly improve. 

Sharp rises in surface water and groundwater levels were seen during and after the heavy 

rainfall event. Groundwater and streamflow conditions have rebounded to normal or abovenormal 

levels throughout the District. Regional lake levels saw significant improvements, with 

the Tampa Bay region rebounding back into the annual normal range, while the Northern, Polk 

Uplands and Lake Wales Ridge regions remained at below-normal levels. 

NOAA climate forecasts indicate above-normal rainfall conditions from July through September. 

Updated weather forecasts will be available in mid-July. Staff will continue to closely monitor 

conditions in accordance with the District's updated Water Shortage Plan, including any 

necessary supplemental analysis of pertinent data. 



Presenter: Granville Kinsman, Manager, Hydrologic Data Section 

3


July 31, 2012 

Submit and File Report 

Tropical Storm Debby Emergency Operations Activities 

Item 31 

On Saturday, June 23, 2012 the fourth named Atlantic Basin storm for 2012, Tropical Storm 

(TS) Debby, formed in the central Gulf of Mexico. The slow-moving system produced intense 

rain squalls that lashed the Florida peninsula, especially southwest, central and northwest 

coastal areas, through Wednesday, June 27, 2012. These areas experienced high winds, storm 

surge, and torrential rains and flooding. Locations within Pasco, Hernando and Hillsborough 

Counties received rainfall totals up to 16 inches. Northern Hernando County recorded 12.5 

inches in a 24-hour period on June 24, 2012. The National Weather Service calculated average 

recurrence intervals for maximum 48-hour rainfall amounts. It was determined that 100-year 

recurrence intervals and greater than 500-year recurrence intervals were experienced in some 

locations throughout the State. 

The District, as a member of the State Emergency Response Team, responded to requests for 

assistance from affected counties and other water management districts. All work was 

coordinated through the State Emergency Operations Center (SEOC) and/or the Suwannee 

River Water Management District (SRWMD). A summary of the significant TS Debby response 

activities follows: 

• All costs associated with the event response and recovery are being captured in the financial 

system via specific incident and program codes. Event cost estimates were submitted daily to 

the SEOC as part of the public assistance/damage assessment process. 

• On June 25, 2012 the District’s portable sandbagging unit and 1,000 sandbags were delivered 

to Brooksville Fire/Rescue unit for Hernando County’s use. 

• Field Operations and Geohydrologic Data staff set up a 8–inch portable pump to dewater the 

closed basin surrounding the SRWMD main office building in Live Oak. Five-hundred feet of 

pipe, including a section under a major CSX rail line (an emergency CSX ROW use permit 

was needed), was operated through July 9, 2012. This pump and portions of the piping 

system have been disassembled and will be stored at the SRWMD to potentially address 

further flooding brought on by seasonal rains. A smaller 3-inch pump is currently moving 

water off-site. 

• Another 8-inch portable pump was rented and dispatched with staff on July 10, 2012 to the 

City of Live Oak to move floodwaters away from the Suwannee County Health Department’s 

building. Approximately 1,700 feet of pipe was installed. 

• Structure Operations staff responded to approximately150 resident calls concerning high 

water primarily in northeast Pinellas and northwest Hillsborough Counties. District 

Communications staff performing as the incident public information officer prepared a press 

release and participated in an on-camera interview concerning the situation on Lake Tarpon 

on June 26, 2012. 

• Multiple sinkholes discovered along the Masaryktown Canal were assessed and repaired. 

4

Item 31 

• In coordination with the Department of Emergency Management, Engineering and Mapping & 

GIS staff contracted an aerial cartographer to capture 285 square miles of imagery on June 

27, 2012 in order to document and assess flood conditions. In addition, engineering staff 

documented high water marks in flooded areas. Once floodwaters recede field survey work 

can be completed to establish the actual flood elevations. 

• Regulation staff responded to numerous flood complaints/compliance calls in several 

counties. Three Emergency Authorizations, including the flooding situation on the Suncoast 

Parkway near U.S. Highway 98, were opened to enable immediate emergency response 

work. 

• Damage assessments were performed for all the major waterways/levees and on all District 

properties looking for erosion, blockages or debris, and downed trees. An airboat crew 

removed a vegetation blockage on the Myakka Road Bridge (CR 780) in Sarasota County. 

• The SEOC requested water management district staff mobilize to the SEOC in Tallahassee to 

assist with Emergency Support Function 1 & 3 (i.e., Department of Transportation lead 

agency) issues/questions. District staff manned the SEOC on June 28 and 29, 2012 and 

performed as the on call contact on July 4, 5, & 6, 2012. All five water management districts 

scheduled staff to assist. 

• Complying with a SEOC mission, District Staff compiled/submitted a list of District sinkhole 

subject matter experts (geologists and engineers) to the SEOC. A list of staff with streamflow 

measurement experience was also compiled/submitted. 


This item is submitted for the Committee's information, and no action is required. 

Staff welcomes any input or direction on this item. 

Presenter: Roy A. Mazur P.E., AICP, Chief, Operations and Land Management Bureau 

5


July 31, 2012 


Surplus Lands Assessment 

Item 32 

Staff has completed the land assessment process for Evaluation Area 3 (parcels in Pasco, Lake 

and Polk Counties including the Green Swamp) and will be presenting recommendations to the 

Governing Board Subcommittee at their August 2, 2012 meeting at the Tampa Service Office. 

Staff will be recommending approximately 110 acres for potential surplus. 

Staff has submitted the surplus evaluation forms for the Frog Creek parcel (recommended from 

Evaluation Area 1) to the Florida Department of Environmental Protection (FDEP) for their 

review and approval and is producing the evaluation forms for the Tampa Bypass Canal 

(4 parcels, 17.5 acres total) and Chito Branch parcels (2 parcels, 126 acres total) from 

Evaluation Area 2. 

Pending a favorable review from FDEP, Staff anticipates bringing the Frog Creek parcel to the 

Governing Board for surplus consideration at the September or October meeting. 


This item is for the Committee's information, and no action is required. Staff welcomes any input 

or direction on this item. 

Presenter: Roy Mazur P.E., AICP, Chief, Operations and Land Management Bureau 

6


July 31, 2012 


Flying Eagle Nature Center 

Item 33 

The Flying Eagle Nature Center is located within the Flying Eagle Preserve in Citrus County. 

Pending the dissolution of the lease with the Gulf Ridge Council of the Boy Scouts of America in 

May 2012 and with no other willing state agency partners, the Governing Board directed staff to 

seek other joint ventures to explore the recreational potential for the site while also providing the 

maintenance and security for the property. 

District staff has formed a multi-disciplinary project team that is developing a marketing plan and 

website, researching organizations to target, scheduling site visits with interested parties, 

preparing the facilities for marketing, and drafting a Request for Proposal (RFP) for eventual 

release to the marketplace. Staff has also engaged the Florida Fish and Wildlife Conservation 

Commission (FWC) to patrol the property through the end of the fiscal year, and is continuing to 

schedule site visits for interested parties. 

An updated project timeline and draft one-page flier for this project are included in the Board 

packet as an exhibit to this item. 


This item is submitted for the Committee’s information. Staff welcomes any input or direction on 

this item. 

Presenter: Cheryl Hill, Land Program Coordinator, Operations and Land Management Bureau 

7

Flying Eagle 

Nature Center 

About the Property: 

The 170-acre Flying Eagle Nature Center is located at 12650 East Boy y 

Scout Road within the 16,438-acre Flying Eagle Preserve in Inverness, ss, 

Florida. Owned by the Southwest Florida Water Management District ic ct 

and originally built as a Boy Scout campground, the nature center is s 

perfect for a year-round RV/campground facility, retreat center or 

equestrian campground. The diversity of wildlife habitats and the ri rich ich 

Native American history on the property also provides a variety of f 

educational opportunities. 

Property Amenities: 

The nature center features a multipurpose building, lodge, two 

residences, six cabins, 10 group camping areas with outdoor bath h 

facilities each capable of accommodating 10 tents, commercial 

kitchen, large pavilion area with seating for 400 people, a swimming minng 

pool with indoor/outdoor bath facilities, and other support structures. turres. 

Outdoor activities include archery, target shooting, sand volleyball, all, 

group camping, hiking, biking and bird watching. The property is 

also well-suited for equestrian activities. 

Leasing Options: 

The District is seeking a private or public partner to enter into a 

long-term lease agreement for the development, operation and 

maintenance of the center. The property will require the lessee to 

make a financial investment to upgrade some of the existing 

infrastructure. The District will be issuing a request for proposal (RFP) FP) 

on Friday, August 17. The deadline for proposals is Thursday, 

October 11. 

For more information about the nature center, visit 

WaterMatters.org/FlyingEagle online. 

To schedule a tour of the facilities, contact 

Cheryl Hill at (352) 796-7211, ext. 4452. 

8

9 

Flying Eagle Nature Center RFP Timeline 

May June July 

August September October November December January 

Team Status Meetings 

Establish Project Team 

Initial Site Visit/Kick-off Meeting 

Review Zoning/Future Land Use 

Estimate Cost for Clean-up 

Clean-up 

Marketing Plan and Materials 

Develop Marketing Plan 

Single-page Flier 

Request for Proposal (RFP) 

Draft RFP 

Webpage 

Prospectus 

Develop Sample Lease 

Internal Review 

Finalize RFP 

Governing Board Status Report 

Send Ads to Newspapers 

Direct Mail Potential Respondents 

Advertisement Period 

Proposal Deadline 

Evaluate Proposal 

Advertise Lease (per ss.373.093(2)) 

Selection Committee Meeting 

Governing Board Approval of Proposal 


Status Report 

Governing o Board 

Execution e of Lease


July 31, 2012 


Structure Operations 

Item 34 

June marks the start of the official four-month rainy season (June through September) and 

rainfall totals for the month saw accumulations well above-normal in all regions of the District. 

Rainfall during the first three-weeks of June began normally, with typical scattered and 

regionally variable showers/thunderstorm activity. Severe weather conditions occurred on 

June 23-26, 2012 associated with Tropical Storm Debby, which brought gusty winds, extensive 

rainfall, approximately 51 percent of the month’s total rainfall, moderate to severe localized 

flooding in some areas, and nearly 8.0 inches of rainfall District-wide with local accumulations of 

over 15.8 inches reported. Rainfall amounts received in the Northern region during June set a 

new record high for rainfall accumulations in a single month. 

District-wide, the provisional twelve-month cumulative rainfall deficit was eased in June and 

ended the month at a surplus of approximately 1.43 inches above the long-term historical 

average. The 24-month deficit improved and was reduced to approximately 6.8 inches below 

the long-term historical average. 

The abundant rainfall associated with Tropical Storm Debby eased “drought” conditions 

throughout the District and allowed declining hydrologic indicators to significantly improve. 

Sharp rises in surface water and groundwater levels were seen during and after the heavy 

rainfall event. Groundwater and streamflow conditions have rebounded to normal or abovenormal 

levels throughout the District. Regional lake levels saw significant improvements, with 

the Tampa Bay region rebounding back into the annual normal range, while the Northern, Polk 

Uplands and Lake Wales Ridge regions remained at below-normal levels. 

NOAA climate forecasts indicate above-normal rainfall conditions from July through September. 

Updated weather forecasts will be available in mid-July. Staff will continue to closely monitor 

conditions in accordance with the District's updated Water Shortage Plan, including any 

necessary supplemental analysis of pertinent data. 

Rainfall 

Provisional rainfall totals as of June 30 were above-normal in all three regions of the District. 

The normal range is defined as rainfall totals that fall on or between the 25 th to 75 th percentiles 

derived from the historical data for each month. 

• Northern region rainfall averaged 16.21 inches, equivalent to the 100 th percentile 

• Central region rainfall averaged 16.46 inches, equivalent to the 99 th percentile. 

• Southern region rainfall averaged 13.68 inches, equivalent to the 93 rd percentile. 

• District-wide, average rainfall was 15.43 inches, equivalent to the 99 th percentile. 

A summary of the operations made in June is as follows: 

• Inglis Water Control Structures: The Inglis Bypass Spillway was operated during the month 

of June in order to maintain water levels in Lake Rousseau and provide flow to the lower 

Withlacoochee River. The average monthly water level for Lake Rousseau was 27.66’ NGVD. 

The recommended maintenance level for the reservoir is 27.50’ NGVD. 

10

Item 34 

• Withlacoochee River Watershed: During the last week of June all water structures in the 

Tsala Apopka Chain of Lakes were opened with the exception of the structure S-353 and Van 

Ness allowing for flow from the Withlacoochee River into the Tsala Apopka Chain of Lakes. 

The Wysong-Coogler Water Conservation Structure main gate was fully inflated to 39.00’ 

NGVD aiding in the regulation of the Lake Panasoffkee water level. The low flow gate was 

inflated to 36.50’ NGVD providing minimum flow requirements to the Withlacoochee River 

downstream of the structure. The average monthly water level for Lake Panasoffkee was 

37.91’ NGVD. 

• Alafia River Watershed: The Medard structure was operated during the month of June. The 

average monthly water level for the Medard Reservoir was 58.67’ NGVD compared to the 

recommended maintenance level of 60.00’ NGVD. 

• Hillsborough River Watershed: The Tampa Bypass Canal (Structures S-160, S-162, S-162), 

Hanna, Keene 1, Keene 2, Sherry’s Brook, Armistead, Pretty, Crescent, Keystone, Island 

Ford, Magdalene, Bay and the Ellen-Lipsey structures were operated during the month of 

June. The average monthly water level for Lake Thonotosassa was 35.95’ NGVD compared 

to the recommended maintenance level of 36.50' NGVD. 

• Pinellas-Anclote Watershed: The Sawgrass Lake Structure and S-551 (Lake Tarpon) were 

operated during the month of June. A water level of 2.50’ NGVD will be maintained on 

Sawgrass Lake in order to facilitate the Sawgrass Lake Restoration Project. The average 

monthly water level for Lake Tarpon was 3.31’ NGVD compared to the recommended 

maintenance level of 3.20' NGVD. 

• Peace River Watershed: The Lake Gibson Structure was operated during the month of June. 

The average monthly water level for Lake Gibson was 142.53’ NGVD. The recommended 

maintenance level for the Lake Gibson is 143.00’ NGVD. The Lake Parker Structure was 

operated during the month of June. The average monthly water level for Lake Hancock was 

96.66’ NGVD compared to the recommended maintenance level of 98.70’ NGVD. Work on 

the P-11 replacement structure is progressing. The scheduled completion date is June 2013. 

• Lake Wales Ridge Watershed. The average monthly water level for Lake June-in-Winter was 

72.73’ NGVD compared to the recommended maintenance level of 74.50’ NGVD. 



Presenter: David P. Crane, P.E., Manager, Structure Operations Section 

11

STRUCTURE 

STRUCTURE OPERATIONS SECTION HYDROLOGIC REPORT 

July 9, 2012 

ELEVATION ELEVATION CURRENT POSITION OF ELEVATION ELEVATION CURRENT POSITION OF 

LEVELS DIFFERENCE LEVEL STRUCTURE STRUCTURE LEVELS DIFFERENCE LEVEL STRUCTURE 

FLINT CREEK 36.52 Gate 1 Closed FLORAL CITY POOL 39.29 

HIGH LEVEL 37.00 -0.48 Gate 2 Closed HIGH GUIDE LEVEL 41.80 -2.51 Leslie Heifner Fully Open 

MAXIMUM DESIRABLE 36.50 0.02 All drop gates: 36.00' MSL HIGH MIN LEVEL 41.20 -1.91 Floral City Fully Open 

LOW LEVEL 34.50 2.02 invert 32.9' MIN LAKE LEVEL 39.80 -0.51 Golf Course Golf Course All Gates Open 

LOW GUIDE LEVEL 39.60 -0.31 invert 38.0' Moccasin Slough Open 4' 

KELL 65.50 

HIGH LEVEL 66.00 -0.50 Open (No Boards) INVERNESS POOL 36.57 Brogden Bridge Gate 1 Open 0.50' 

MAXIMUM DESIRABLE 65.50 0.00 HIGH GUIDE LEVEL 40.30 -3.73 Brogden Bridge Gate 2 Open 0.50' 

LOW LEVEL 63.50 2.00 invert 64.66' HIGH MIN LEVEL 40.10 -3.53 Brogden Bridge Brogden Culvert Closed 

MIN LAKE LEVEL 38.70 -2.13 invert 34.25' Bryant Slough gates Closed 

KEENE 62.40 Keene 1: Closed 12" of Board LOW GUIDE LEVEL 37.80 -1.23 

HIGH LEVEL 63.00 -0.60 Keene 2: Open 6" of Board 

MAXIMUM DESIRABLE 62.50 -0.10 1-invert 61.6' Keene 3: Open (No Boards) HERNANDO POOL (S353) 34.84 

LOW LEVEL 60.50 1.90 2-invert 61.6' Sherry Brook: Open 12" of Board HIGH GUIDE LEVEL 39.00 -4.16 

HIGH MIN LEVEL 38.70 -3.86 S-353 Van Ness Closed 

STEMPER 60.04 MIN LAKE LEVEL 37.30 -2.46 invert 36.5' S-353 Gates Closed 

HIGH GUIDE LEVEL 61.20 -1.16 Open 8" of Tapered Board LOW GUIDE LEVEL 35.90 -1.06 

HIGH MIN LEVEL 60.80 -0.76 Two Mile Prairie (max) 35.00 -11.10 23.90 

MIN LAKE LEVEL 59.40 0.64 invert 60.25' 

LOW GUIDE LEVEL 59.10 0.94 LESLIE HEIFNER 40.64 Upstream (RIVER level) 

UPSTREAM 39.29 Downstream (POOL level) 

HANNA 61.62 DOWNSTREAM Gate Fully Open 

HIGH LEVEL 62.50 -0.88 Closed 18" of Board invert 35.0' 

MAXIMUM DESIRABLE 61.75 -0.13 

LOW LEVEL 59.50 2.12 invert 60.28' WYSONG-COOGLER 

UPSTREAM 39.50 -1.31 38.19 Main Gate Fully Up 

CYPRESS CREEK Flood Stage DOWNSTREAM 36.53 Independent gate at 35.5' 

WORTHINGTON GARDENS 8.00 -3.65 4.35 Drop Gate Open 3.0'. total cfs 230 

INGLIS 27.68 

SAWGRASS LAKE HIGH LEVEL 28.00 -0.32 By-pass Gates Open 2.4' 

HIGH LEVEL 5.00 -1.39 3.61 Gate 1 Fully Open MAXIMUM DESIRABLE 27.50 0.18 Main Gates Closed 

LOW LEVEL 3.80 -0.19 Gate 2 Fully Open LOW LEVEL 26.50 1.18 invert 11.3' 930 Total Bypass cfs flow 

Gate 3 Open 1' 

TARPON (S551) 3.21 LAKE BRADLEY 

HIGH LEVEL 3.80 -0.59 Main Gates 1, & 4 Closed MAXIMUM DESIRABLE 42.50 -4.50 38.00 

MAXIMUM DESIRABLE 3.20 0.01 Main Gates 2, & 3 Open 0.30' Gate Open 1.00' 

LOW LEVEL 2.20 1.01 Drop Gates 1,2,3,4 at 3.2' LAKE CONSUELLA 

MAXIMUM DESIRABLE 41.50 -6.26 35.24 

ANNE PARKER 47.86 Open, no logs installed. 

HIGH LEVEL 48.75 -0.89 36" of Board Installed MEDARD RESERVOIR 

MAXIMUM DESIRABLE 48.25 -0.39 MAXIMUM DESIRABLE 60.00 0.15 60.15 Gate at 58.25' 

LOW LEVEL 45.75 2.11 invert 46.40' 

HANCOCK (P11) 97.59 Gauge at structure 

WHITE TROUT 35.47 HIGH LEVEL 99.00 -1.41 97.55 Gauge on lake 

HIGH LEVEL 36.50 -1.03 MAXIMUM DESIRABLE 98.50 -0.91 

MAXIMUM DESIRABLE 36.00 -0.53 18" of Board Installed LOW LEVEL 96.00 1.59 invert 91.7' All Gates Closed 

LOW LEVEL 34.00 1.47 invert 32.94' HENRY (P5) 124.79 

HIGH LEVEL 126.50 -1.71 Gate Closed 

KEYSTONE 41.83 MAXIMUM DESIRABLE 126.00 -1.21 

HIGH LEVEL 42.00 -0.17 Gate 1 Open 1.6' LOW LEVEL 124.00 0.79 invert 122.0' 

MAXIMUM DESIRABLE 41.75 0.08 Gate 2 Open 1.6' 

LOW LEVEL 39.75 2.08 invert 37.2' SMART (P6) 125.91 

HIGH LEVEL 128.75 -2.84 Gate Closed 

CRESCENT 42.12 MAXIMUM DESIRABLE 128.50 -2.59 

HIGH GUIDE LEVEL 41.90 0.22 Gate Open 0.10 LOW LEVEL 126.50 -0.59 invert 127.2' 

HIGH MIN LEVEL 41.30 0.82 

MIN LAKE LEVEL 40.30 1.82 invert 38.5' FANNIE (P7) 120.71 

LOW GUIDE LEVEL 39.80 2.32 HIGH LEVEL 125.75 -5.04 Gates Closed 


ISLAND FORD 40.51 LOW LEVEL 123.50 -2.79 invert 119.5' 

HIGH LEVEL 41.50 -0.99 All Gates Closed 

MAXIMUM DESIRABLE 41.00 -0.49 invert 35.0' HAMILTON (P8) 118.56 

LOW LEVEL 39.00 1.51 crest 41.25' HIGH LEVEL 121.50 -2.94 Gates Closed 


PRETTY 44.50 LOW LEVEL 119.00 -0.44 invert 113.0' 

HIGH GUIDE LEVEL 44.30 0.20 Lift Gates 2 and 3 Closed 

HIGH MIN LEVEL 43.90 0.60 Drop Gates 1 and 4 Open 1.20' LENA (P1) 134.37 

MIN LAKE LEVEL 42.50 2.00 invert 38.0' HIGH LEVEL 137.00 -2.63 Gate closed 

LOW GUIDE LEVEL 42.20 2.30 MAXIMUM DESIRABLE 136.75 -2.38 

LOW MANAGEMENT 134.50 -0.13 invert 134.47' 

MAGDALENE 49.47 Lake gauge 

HIGH LEVEL 50.00 -0.53 49.22 Structure gauge JUNE-IN-WINTER (G90) 73.03 

MAXIMUM DESIRABLE 49.50 -0.03 HIGH GUIDE LEVEL 74.70 -1.67 Gates Closed 

LOW MANAGEMENT 47.50 1.97 invert 45.6' Gates Open 0.10' HIGH MIN LEVEL 74.50 -1.47 Overflow at 75.00' NGVD 

MIN LAKE LEVEL 74.00 -0.97 invert 65.37' 

BAY 45.93 LOW GUIDE LEVEL 73.20 -0.17 

HIGH LEVEL 46.75 -0.82 Gates Closed ARIETTA (P3) 139.38 

MAXIMUM DESIRABLE 46.00 -0.07 HIGH LEVEL 144.00 -4.62 Gate Closed 

LOW LEVEL 44.00 1.93 invert 44.0' MAXIMUM DESIRABLE 142.50 -3.12 

LOW LEVEL 141.00 -1.62 invert 137.4' 

ELLEN-LIPSEY 40.80 Structure Gauge 

HIGH LEVEL 41.50 -0.70 40.81 Lake Gauge GIBSON 143.04 

MAXIMUM DESIRABLE 41.00 -0.20 Both Gates Closed HIGH LEVEL 143.50 -0.46 Gate Open 0.49' 

LOW LEVEL 39.00 1.80 invert 37.6' Drops: At 41.00' MAXIMUM DESIRABLE 143.00 0.04 Stop log bays at 142.64' crest 

Low Level 141.50 1.54 invert 141.4' 

CARROLL 36.14 

HIGH LEVEL 37.00 -0.86 48" of Board Installed PARKER 130.62 

MAXIMUM DESIRABLE 36.50 -0.36 HIGH LEVEL 131.00 -0.38 Gate Open .28' 

LOW LEVEL 34.50 1.64 invert 34.17' MAXIMUM DESIRABLE 130.75 -0.13 

LOW LEVEL 128.75 1.87 invert 129.15' 

ARMISTEAD 41.46 

HIGH LEVEL 44.00 -2.54 Gate Open 1.60' PEACE RIVER Flood Stage 

MAXIMUM DESIRABLE 43.00 -1.54 BARTOW 8.00 -4.00 4.00 

LOW LEVEL 40.50 0.96 ZOLFO SPRINGS 16.00 -9.85 6.15 

ARCADIA 11.00 -8.32 2.68 

HILLSBOROUGH RIVER Flood Stage 

MORRIS BRIDGE 32.00 -4.76 27.24 S-155 is open LITTLE MANATEE RIVER Flood Stage 

FOWLER 29.00 -6.14 22.86 WIMAUMA 11.00 -7.10 3.90 

WITHLACOOCHEE R. Flood Stage ALAFIA RIVER Flood Stage 

TRILBY 61.27 -2.73 58.54 LITHIA 13.00 -9.12 3.88 

CROOM 47.94 -2.63 45.31 

HIGHWAY. 48 40.64 MYAKKA RIVER Flood Stage 

LAKE PANASOFFKEE 40.70 -1.47 39.23 MYAKKA STATE PARK 7.00 -3.02 3.98 

HOLDER 35.52 -5.76 29.76 

MANATEE RIVER Flood Stage 

ANCLOTE RIVER Flood Stage MYAKKA HEAD 11.00 -7.84 3.16 

ELFERS 20.00 -9.95 10.05 

12

ISLAND FORD 

KEYSTONE 

CRESCENT 

´ 

TARPON 

PINELLAS 

#* 

LEVY 

#* 

#* 

ROUSSEAU 

ANN-PARKER 

#* 

#* #* 

#* 

PRETTY 

ARMISTEAD 

SAWGRASS 

CITRUS 

#* #*#* 

#* #* 

#* 

#* #* 

HERNANDO POOL 

#* 

INVERNESS POOL 

CONSUELLA 

HERNANDO 

PASCO 

#* 

BRADLEY 

KELL 

HANNA 

KEENE 

STEMPER 

FLORAL CITY POOL 

#* 

#* #* 

#* 

MARION 

LESLIE HEIFNER 

THONOTOSASSA 

MAGDALENE 

BAY 

ELLEN-LIPSEY 

CARROLL 

WHITE TROUT #* 

MEDARD 

SARASOTA 

HILLSBOROUGH 

MANATEE 

SUMTER 

13 

LOWERY 

GIBSON ARIETTA (P-3) #* HAINES 

#* #* #* #* HENRY (P-5) 

PARKER#* 

#* #* #* SMART (P-6) 

LENA (P-1) #* FANNIE (P-7) 

POLK 

HAMILTON (P-8) 

#* 

LAKE 

HANCOCK (P-11) 

HARDEE 

DESOTO 

District 

Structure 

Sites 

ORANGE 

VOLUSIA 

OSCEOLA 

HIGHLANDS 

#* 

FLAGLER 

SEMINOLE 

JUNE-IN-WINTER (G-90)

14 

Water Surface Elevation 


145.00 

144.50 

144.00 

143.50 

143.00 

142.50 

142.00 

141.50 

141.00 

140.50 

140.00 

Lake Gibson 

Daily Average Values 

Lake Level Low Level Max. Desirable High Level 

39 39.50 50 

39.00 

38.50 

38.00 

37.50 

37.00 

36.50 

36.00 

35.50 

35.00 

34.50 

34.00 

Lake Thonotosassa 



Lake Surface Area = 480 Acres 

Low Slab = 144.81' 

Structure Gauge Datum = 100.00' 

Lake Gauge Datum = 135.00 MSL 

SCADA Device Number 2427 


Low Slab = 39.0' 

Flint Creek Gauge Datum = 32.16 

SCADA Device #6807 



5.50 

5.00 

4.50 

4.00 

3.50 

3.00 

2.50 

2.00 

1.50 

1.00 

0.50 

Lake Tarpon, S-551 



49 49.50 50 

49.00 

48.50 

48.00 

47.50 

47.00 

46.50 

46.00 

45.50 

45.00 

44.50 

44.00 

43.50 

43.00 

Lake Anne Parker 



Lake Surface Area =2,534 

SCADA Device # 6491 


Low Slab = 40.09' 

SCADA Device Number: 8491

15 



63.50 

63.00 

62.50 

62.00 

61.50 

61.00 

60.50 

60.00 

59.50 

59.00 

58.50 

58.00 

57.50 

57.00 

56.50 

56.00 

55.50 

55.00 

Lake Hanna 



67.50 

67.00 

66.50 

66.00 

65.50 

65.00 

64.50 

64.00 

63.50 

63.00 

62.50 

62.00 

61.50 


Low Slab = 63.68' 



64.00 

63.50 

63.00 

62.50 

62.00 

61.50 

61.00 

60.50 

60.00 

59.50 

59.00 

58.50 

58.00 

57.50 

57.00 

56.50 

56.00 

Lake Keene 



Lake Kell Lake Stemper 


Level Low Level Max. Desirable High Level 


Low Slab = 68.09' 


Lake Gauge Datum = 54.45' MSL 


63.00 

62.50 

62.00 

61.50 

61.00 

60.50 

60.00 

59.50 

59.00 

58.50 

58.00 

57.50 

57.00 

56.50 

56.00 

55.50 

55.00 

54.50 

54.00 

53.50 

53.00 


Lake Level Low Guide Lv. Min Lake Lv. High Min Lv. High Guide Lv. 



Lake Surface Area = 58.32 Acres 

Low Slab = 63.70 


SCADA Device # 2067

16 



48.00 

47.50 

47.00 

46.50 

46.00 

45.50 

45.00 

44.50 

44.00 

43.50 

43.00 

42.50 

42.00 

Bay Lake 


Lake Level Low Level Max. Desireable High Level 

44.50 

44.00 

43.50 

43.00 

42.50 

42.00 

41.50 

41.00 

40.50 

40.00 

39.50 

39.00 

38.50 

38.00 

37.50 

37.00 

36.50 

36.00 

35.50 

35.00 

Lake Surface area = 37 Acres 

Low Slab = 47.80' 

Structure Gauge Datum = Direct Read 

Lake auge Datum = Direct Read 

SCADA Device Number = 1647 


38.50 

38.00 

37.50 

37.00 

36.50 

36.00 

35.50 

35.00 

34.50 

34.00 

33.50 

33.00 

32.50 

32.00 

31.50 

31.00 

30.50 

Lake Carroll 



Crescent Lake Lake Island Ford 


Level Low Guide Lv. Min Lake Lv. High Min Lv. High Guide Lv. 


Low Slab = 44.63' 


Lake Gauge Datum = Direct Read 



42.50 

42.00 

41.50 

41.00 

40.50 

40.00 

39.50 

39.00 

38.50 

38.00 

37.50 

37.00 

36.50 

36.00 

35.50 

35.00 

34.50 


WSE Low Level Max Desirable High Level 


Low Slab = 39.50' 




Low Slab = 42.64 


SCADA Device number = 1621 

L

17 



43.50 

43.00 

42.50 

42.00 

41.50 

41.00 

40.50 

40.00 

39.50 

39.00 

38.50 

38.00 

37.50 

37.00 

Lake Keystone 



51.00 

50.50 

50.00 

49.50 

49.00 

48.50 

48.00 

47.50 

47.00 

46.50 

46.00 

45.50 

45.00 

44.50 

Lake Magdalene 


Series1 Series2 Series3 Series4 Series5 


Low Slab = 43.53' 



SCADA Device Number: 6161 


Low Slab = 51.80' 

Structure Gauge Datum = 45.52 




42.50 

42.00 

41.50 

41.00 

40.50 

40.00 

39.50 

39.00 

38.50 

38.00 

37.50 

37.00 

36.50 

Lakes Ellen and Lipsey 


Lipsey WSE Lake Ellen Low Level Max. Desirable High Level 

47 47.50 50 

47.00 

46.50 

46.00 

45.50 

45.00 

44.50 

44.00 

43.50 

43.00 

42.50 

42.00 

41.50 

41.00 

40.50 

40.00 

39.50 

Lake Pretty 


Level Low Guide Lv. Min Lake Lv. High Min Lv. High Guide Lv. 


Low Slab = 42.35' 



(Pretty, Rock, Josephine combined) 

Low Slab = 47.10' 


Lake Gauge Datum = 31.74' MSL

18 



38.50 

38.00 

37.50 

37.00 

36.50 

36.00 

35.50 

35.00 

34.50 

34.00 

33.50 

33.00 

32.50 

32.00 

31.50 

29.50 

29.00 

28.50 

28.00 

27.50 

27.00 

26.50 

26.00 

25.50 

25.00 

24.50 

Lake White Trout 



Lake Rousseau 




Low Slab = 39.41' 




Structure Gauge Datum = 10.00 



132.00 

131.50 

131.00 

130.50 

130.00 

129.50 

129.00 

128.50 

128.00 

127.50 

127.00 

126.50 

126.00 

125.50 

Lake Lowery 




144 144.50 50 

144.00 

143.50 

143.00 

142.50 

142.00 

141.50 

141.00 

140.50 

140.00 

139.50 

139.00 

138.50 

138.00 

137.50 

Lake Arietta (P-3) 




Low Slab = 131.61 



Lake Gauge Datum = 100.00' 

SCADA Device Number 7431

19 



40.50 

40.00 

39.50 

39.00 

38.50 

38.00 

37.50 

37.00 

36.50 

36.00 

35.50 

35.00 

34.50 

34.00 

33.50 

33.00 

32.50 

32.00 

31.50 

31.00 

Hernando Pool 


Lake Level Low Guide Lv. Min. Lake Lv. High Min. Lv. High Guide Lv. 

43.00 

42.50 

42.00 

41.50 

41.00 

40.50 

40.00 

39.50 

39.00 

38.50 

38.00 

37.50 

37.00 

36.50 

36.00 

35.50 

35.00 

Leslie Heifner 


Upstream Level Downsream Level 


Low Slab = 40.47' 




Low Slab = 47.80' 

SCADA Device #6767 & #6766 



42.00 

41.50 

41.00 

40.50 

40.00 

39.50 

39.00 

38.50 

38.00 

37.50 

37.00 

36.50 

36.00 

35.50 

35.00 

34.50 

34.00 

33.50 

33.00 

32.50 

32.00 

31.50 

Inverness Pool 


Level Low Guide Lv. Min. Lake Lv. High Min. Lv. High Guide Lv. 

43.50 

43.00 

42.50 

42.00 

41.50 

41.00 

40.50 

40.00 

39.50 

39.00 

38.50 

38.00 

37.50 

37.00 

36.50 

36.00 

35.50 

35.00 

34.50 

34.00 

33.50 

33.00 

32.50 

32.00 

31.50 

31.00 

30.50 

30.00 

Floral oa City CtyPool oo 


Level Low Guide Lv. Min.Lake Lv. High Min. Lv. High Guide Lv. 


Low Slab = 42.54' 




Low Slab = 44.10' 



SCADA #2007

20 



128.00 

127.50 

127.00 

126.50 

126.00 

125.50 

125.00 

124.50 

124.00 

123.50 

123.00 

122.50 

122.00 

121.50 

121.00 

120.50 

120.00 

119.50 

119.00 

Lake Fannie (P-7) 



103.00 

102.50 

102.00 

101.50 

101.00 

100.50 

100.00 

99.50 

99.00 

98.50 

98.00 

97.50 

97.00 

96.50 

96.00 

95.50 

95.00 

94.50 


Low Slab = 127.60' 




124.50 

124.00 

123.50 

123.00 

122.50 

122.00 

121.50 

121.00 

120.50 

120.00 

119.50 

119.00 

118.50 

118.00 

117.50 

117.00 

116.50 

Lake Hamilton (P-8) 



Lake Hancock (P-11) Lake Henry (P-5) 


Gauge at Structure Lake Level Low Level Max Desirable High Level 

Lake Surface Area = 4,541 Acres 



SCADA Device Number = 1767 & 4087 


128.00 

127.50 

127.00 

126.50 

126.00 

125.50 

125.00 

124.50 

124.00 

123.50 

123.00 

122.50 

122.00 

121.50 

121.00 







Structure Gauge Datum = 100.00' MSL 

S.R. Gauge Datum = 120.00' MSL 


21 



138.00 

137.50 

137.00 

136.50 

136.00 

135.50 

135.00 

134.50 

134.00 

133.50 

133.00 

132.50 

132.00 

133.00 

132.50 

132.00 

131.50 

131.00 

130.50 

130.00 

129.50 

129.00 

128.50 

128.00 

127.50 

127.00 

126.50 

Lake Lena (P-1) 




Lake Gauge Datum = 132.12 



77.00 

76.50 

76.00 

75.50 

75.00 

74.50 

74.00 

73.50 

73.00 

72.50 

72.00 

Lake June-in-Winter (G-90) 


Lake Level Low Guide Lv. Min Lake Lv. High Min Lv. High Guide Lv. 

Lake Parker 

Lake Smart (P-6) 


Lake Level Low Guide Lv. Min Lake Lv. High MinLv. & High Guide Lv. 





130.50 

130.00 

129.50 

129.00 

128.50 

128.00 

127.50 

127.00 

126.50 

126.00 

125.50 

125.00 

124.50 

124.00 

123.50 

123.00 






SCADA Device Number=6136 


Low Slab = 131.43' 


SCADA Device Number: 2167

22 



9.00 

8.50 

8.00 

7.50 

7.00 

6.50 

6.00 

5.50 

5.00 

4.50 

4.00 

3.50 

3.00 

2.50 

2.00 

1.50 

Lake Level Low Level High Level 

130.00 130.00 

129 129.50 50 

129.00 

128.50 

128.00 

127.50 

127.00 

126.50 

126.00 

125.50 

125.00 

124.50 

Sawgrass Lake 


Lake Haines 




Low Slab = N/A 




Low Slab = 131.61' 





47.00 

46.50 

46.00 

45.50 

45.00 

44.50 

44.00 

43.50 

43.00 

42.50 

42.00 

41.50 

41.00 

40.50 

40.00 

39.50 

39.00 

38.50 

38.00 

37.50 

37.00 

36.50 

36.00 

Lake Armistead 



63.5 

63.0 

62.5 

62.0 

61.5 

61.0 

60.5 

60.0 

59.5 

59.0 

58.5 

58.0 

57.5 

57.0 

56.5 

56.0 

55.5 

55.0 

54.5 

54.0 

53.5 

Medard 


Water Level Low Level Max. Desirable High Level 


Low Slab = 45.72' 



23 


43.50 

43.00 

42.50 

42.00 

41.50 

41.00 

40.50 

40.00 

39.50 

39.00 

38.50 

38.00 

37.50 

37.00 

36.50 

36.00 

35.50 

35.00 

34.50 

34.00 

33.50 

33.00 

32.50 

32.00 

31.50 

31.00 

Lake Consuella 

Weekly Average Values 

Water Level Low Level Max. Desirable High Level 


Low Slab = 47.80' 




43.50 

43.00 

42.50 

42.00 

41.50 

41.00 

40.50 

40.00 

39.50 

39.00 

38.50 

38.00 

37.50 

37.00 

36.50 

36.00 

35.50 

35.00 

34.50 

34.00 

33.50 

33.00 

Lake Bradley 

Weekly Average Values 



Low Slab = 44.38'


July 31, 2012 


Significant Activities 

Item 35 

This report provides information on significant Operations and Land Management projects and 

programs in which the Governing Board is participating in funding. The report provides a brief 

description and status of significant activities associated with the projects that have recently 

occurred or are about to happen. 

Land Management 

Community Affairs and Land Management staff worked with Sarasota County staff and met 

with Commissioners and the County Administrator regarding the proposed District-sponsored 

hog hunt on Deer Prairie Creek. The Sarasota County Board of County Commissioners 

agreed to permit the District’s hog hunt at its July 10, 2012 meeting. 

The District issued one apiary license on the TECO Tract within the Tampa Bay Estuarine 

Ecosystem project. Annual income from the license is $100. 

Fire Activity 

There were no documented wildfires on District lands in the month of June. Recent rainfall has 

increased the moisture level in natural fuels resulting in dwindling wildfire activity. The District’s 

total wildfire acreage for FY2012 is 487 acres. Operations and Land Management crews have 

been actively conducting prescribed burns now that the extreme drought conditions have been 

reduced. The prescribed burn total for June was 3,322 acres, bringing the total for FY2012 to 

7,752 acres. Crews will continue to remain active with prescribed burns throughout the 

remainder of the fiscal year. The current typical summer rain pattern should provide a consistent 

input of rain throughout the District, supporting active prescribed fire with little residual smokerelated 

issues. 


This item is provided for the Committee’s information only, and no action is required. 

Presenter: Michael L. Holtkamp, P.E., Division Director, Operations, Maintenance & Construction 

24


July 31, 2012 

OUTREACH &PLANNING COMMITTEE 




36. Comprehensive Plan Amendment and Related Reviews Report ..................................... 2 

37. Development of Regional Impact Activity Report .............................................................. 9 

38. Significant Activities ........................................................................................................... 13

Outreach and Planning Committee 

July 31, 2012 


Comprehensive Plan Amendment and Related Reviews Report 

Item 36 

Purpose 

This report is provided for the Committee’s information and shows District activity in the review 

of Local Government Comprehensive Plans and Amendments. Staff updates the report 

monthly. 


The District provides technical and policy information on water resources and water resource 

management to local governments as they prepare amendments to their local government 

comprehensive plans. This information encompasses all aspects of water resource 

management, including water supply, flood protection, water quality and natural systems, and is 

intended to support sound land use decisions. A number of statutory provisions direct the 

District in the provision of this assistance, particularly Section 373.0391, Florida Statutes (F.S.), 

Technical Assistance to Local Governments. As a part of the District's efforts to ensure that 

appropriate water resource information and policy direction is reflected in local government 

comprehensive plans, the District conducts reviews of local government proposed plan 

amendments. The state land planning agency, the Department of Community Affairs (DCA), 

administers this review process. Comments submitted by the District typically become a part of 

DCA's "objections, recommendations, and comments" report to the local government. In 

addition, the District will often perform informal reviews of draft plan updates working directly 

with local governments. 


The benefits of the District's local government technical assistance program are to ensure local 

government elected officials has sound water resource technical and policy information as they 

amend their local government comprehensive plans. This helps to ensure local plans are 

compatible with the District's plans, programs and statutory direction. Costs for this program 

primarily include staff time and are budgeted in Fund 10 (Governing Board). 



Presenter: Colleen Thayer, Public Affairs Bureau Chief 

2

3 

Local Government 

Comprehensive Plan Amendment and Related Reviews Report June 30, 2012 

Project Amendment Type Assigned Completed Description 10YWSFWP 

Anna Maria 12-1ESR ESR 11/23/2011 12/22/2011 No substantive comments. 

Arcadia 12-1ER EAR-based 1/27/2012 2/13/2012 Text and FLU map amendments. 

Auburndale 11-1ACSC Regular 8/24/2011 9/6/2011 Text amendment to make EAR process consistent with recent 

legislative changes. No comment letter. 

Auburndale 12-1ESR ESR 12/15/2011 1/11/2012 FLU Map changes near the Polk Parkway and US 92 for "ecotourism" 

site. 

Avon Park 12-1ESR ESR 3/19/2012 4/9/2012 FLU change County MDR & HDR to City MDR. 65 acres near Lakes 

Anoka and Lelia. 

Avon Park 12-2ESR ESR 4/27/2012 5/17/2012 Text amendments for compatibility with Avon Park Air Force Range 

JLUS. 

Bowling Green 11-1ER EAR-based 8/26/2011 9/22/2011 Various text amendments identified in EAR. 

Bushnell 11-1ESR Regular 10/12/2011 Rewrite of Comprehensive plan, adding two new FLUM categories, 

amending and updating various elements. 

Center Hill 12-1ESR ESR 5/15/2012 6/14/2012 Proposed land use change for 30 acres annexed into the City. 

Encouraged coordination with District Regulation for renewal of 

water use permit currently under review. This permit would 

provide water quantities for proposed development. 

Charlotte 11-2ESR ESR 9/2/2011 9/22/2011 FLUM change 13.07 acres Low Density Residential to Commercial. 

Charlotte County 11-3ESR ESR 11/4/2011 The County is proposing to several FLUM related changes. 

Citrus 11-2ESR Regular 8/4/2011 8/31/2011 Proposed FLUM change Low Intensity Coastal Lakes (CL) to 

Recreational Vehicle Park (RVP); approximately 206-acre site south 

of SR44 adjacent to Lake Tsala Apopka; provided comments related 

to potential impacts to OFW waterbody. 

Citrus 11-3ESR CIE 9/29/2011 11/3/2011 Text amendments to remove concurrency language from 

Transportation, Future Land Use and Capital Improvements 

Elements; annual update of Capital Improvements Element; no 

comments on proposed amendments.

4 


Citrus 12-1ESR, 12-2ESR, 12-3ESR ESR 1/24/2012 2/21/2012 Text and map amendments. Comments included support for the 

implementation of lead BMPs for a proposed shooting range and 

coordination on activities for port siting and planning. 

Citrus 12-6 ESR 4/6/2012 5/2/2012 Map amendment for 27.5 acres. No substantive comments provided. 

Citrus County 11-2ESR ESR 8/1/2011 Proposed FLUM change for an approximately 200-acre site from 

Coastal and Lakes to RV Park to accommodate 439 lot RV park 

facility. 

Clearwater 11-2ESR ESR 9/21/2011 10/18/2011 This city is proposing to amend the present Future Land Use Map 

designations from Residential Medium (RM) and 

Residential/Office/Retail (R/O/R) to Residential/Office Limited 

(R/OL) on 39.79 acres. 

Dundee 12-1ESR ESR 3/20/2012 4/9/2012 FLU LDR to MDR. 77 acres near Lake Marie. 

Dunedin 12-1ESR ESR 12/19/2011 This amendment proposes to revise Policy G-5 of the FLUE to 

include reference to the most recently adopted Countywide Plan and 

the City's land development regulation. 

Fort Meade 12-1ER EAR-based 11/4/2011 11/22/2011 Text and map amendments identified in EAR. 

Fort Meade 12-2ESR ESR 5/15/2012 6/8/2012 FLUM amendement on 1,163 acres (recently annexed) from 

unassigned to Industrial. Proposed uses include power generation 

and biomass fuel production. Requested data to substantiate water 

use projections, infrastructure expenditures and source options. 

Frostproof 12-1ESR ESR 4/27/2012 5/17/2012 Text amendments for compatibility with Avon Park Air Force Range 

JLUS. 

Hernando 11-1ESR Regular 7/26/2011 8/10/2011 FLUM land use designation amendment. 

Highland Park 11-1ESR ESR 11/10/2011 11/22/2011 FLUM request to change several properties (

5 


Hillsborough County 12-1ESR ESR 2/27/2012 3/21/2012 Hillsborough County is proposing amendments to the "Future of 

Hillsborough" Comprehensive Plan. 

Inglis 12-1ESR ESR 2/21/2012 3/6/2012 Two text amendments. No substantive comments provided. 

Inglis 12-2 ESR 3/22/2012 Proposed land use change. No substantive issues identified. 

Lake County 12-ACSC ESR 6/18/2012 7/6/2012 One text amendment regarding minimum setbacks for structures on 

canal lots. The amendment was to address recognize the need for 

variances in hardship situations. No substantive comments provided. 

Lakeland 11-2ESR ESR 10/4/2011 10/25/2011 FLU change on 95.2 acres near Linder Airport. Recently annexed 

into the city, propose changing county land use to city land use. 

Lakeland 12-1ESR ESR 4/27/2012 5/21/2012 FLUM amendment on 24.33 acres from Residential Low-4 to 

Industrial. Improved pasture with no wetlands. Change allows for 

the construction of an organic fertilizer processing plant that will 

reduce waste spreading and associated water quality impacts. 

Largo 11-2ESR ESR 7/7/2011 8/3/2011 The City of Largo proposes to amend their comprehensive plan by 

updating 4 school facilities maps. 

Largo 11-3ESR ESR 10/31/2011 11/22/2011 The City of Largo proposes to update the level of service standards 

for the sanitary 

sewer system that are contained in the Public Facilities and Capital 

Improvements elements. 

Largo 11-4ESR ESR 11/16/2011 12/16/2011 The City annexed 90 parcels (123.35 acres) and portions of right of 

way along Ulmerton Rd. into the City limits and is updated the 

FLUM to reflect the changes. 

Longboat Key 12-1ESR, 12-2ESR 

(proposed) 

ESR 11/28/2011 12/27/2011 Provided comments for development of the 10-year water supply 

facilities work plan and promoted LID implementation in a 

proposed redevelopment area. 

Manatee 12-1ESR ESR 12/9/2011 1/6/2012 Encouraged limited, if any, encroachment in Myakka River's 

wetland/floodplains and the implementation of LID practices when 

possible. 

Manatee 12-2ESR ESR 2/13/2012 2/21/2012 Text amendment to add dormitories as an allowable use in RES-9 & 

RES-12

6 


Marion 12-1ESR ESR 5/11/2012 5/29/2012 Coordinated w/ SJRWMD on 150-acre plan amendment proposed 

close to our boundaries. Also reviewed future land use text 

amendments creating new land use category and a 25-acre 

commercial plan amendment. No issues were identified for 2 

amendments. 

Marion County 12-1ESR ESR 5/9/2012 6/6/2012 Land use change. No substantive comments. 

Mascotte ESR 4/2/2012 5/15/2012 Land use map change. Amendment is not within District 

boundaries. 

Mulberry 12-1ER EAR-based 11/23/2011 12/22/2011 Text amendments. 

Ocala 12-1 ESR 3/21/2012 4/11/2012 Property situated outside Southwest Florida Water Management 

District. No comments submitted. 

Pasco 11-2ESR-CPA 11(04); 11- 

3ESR-CPA 11(05); 11-4ESR- 

CPA11(06); 11-5ESR-CPA11(07) 

Regular 10/18/2011 11/14/2011 Proposed changes to market overlay areas. Made comments relating 

to wetlands, water supply and flood prone areas. 

Pasco 12-1ESR ESR 11/29/2011 12/22/2011 No substantive comments 

Pasco 12-2ESR ESR 12/22/2011 

Pasco 12-2ESR ESR 12/22/2011 1/17/2012 No substantive comments made. 

Pasco County 12-3ESR ESR 3/7/2012 4/6/2012 Proposed amendment to add ~ 5460 acres to the South Market Area. 

Pasco County 12-4ESR ESR 4/30/2012 

Pasco County 12-5ESR ESR 6/11/2012 7/9/2012 This proposed amendment is a FLU change fro Res to PUD. 

Pinellas County 12-1ESR ESR 12/30/2011 Through this amendment, the County proposes to revise several 

Objectives and Policies of the Transportation Element related to the 

St. Petersburg Clearwater International Airport. 

Pinellas Park 11-1ESR ESR 11/2/2011 11/17/2011 The City is proposing to redifine the "Coastal Storm Area" of the 

City. 

Pinellas Park 12-3ESR ESR 3/6/2012 4/5/2012 10 Yr Water Supply Facilities Work Plan 

Plant City 12-1ESR ESR 12/29/2011 

Plant City 12-1ESR ESR 12/29/2011 1/24/2012 Commented on historical flooding and encouraged the incorporation 

of LIDs in development proposals. 

Plant City 12-1ESR (proposed) ESR 12/29/2011

7 


Polk 11-2ESR ESR 8/19/2011 9/6/2011 CF Industries FLUM change from PM to IND. Text amendments 

relating to solar power generation, transit supportive development 

area and scenic highways. 

Polk 11-3ACSC Regular 8/19/2011 9/6/2011 FLUM change from Ag-Rural to Commercial Enclave on 2.53 acres 

in the Green Swamp to correct non-conforming land use for an 

existing structure. 

Polk 12-1ESR ESR 3/2/2012 3/27/2012 Text amendments to the FLUE revising A/RR, defining PD and 

deleting RCC-R. 

Sarasota 12-1ESR ESR 6/1/2012 6/20/2012 Text amendment adding allowable uses to Major Employment 

Centers. 

Sarasota County 11-1ESR ESR 9/28/2011 10/20/2011 This Amendment consists of the functional reclassification of 

Lockwood Ridge Rd from a major collector to a minor collector. 

Sebring 12-1ESR ESR 5/31/2012 6/11/2012 Text amendments for compatibility with Avon Park Air Force Range 

JLUS. 

Tampa 12-1ESR ESR 4/25/2012 Text amendments to the City of Tampa's Comp Plan, FLUE to 

facilitate the implementation of the Seminole Heights Flex Provision. 

Tarpon Springs 11-2ESR ESR 11/8/2011 12/5/2011 The City is proposing to amend the FLUM from R/OS to RL on .23 

acres of unused area on the City's golf course. 

Tarpon Springs 12-1ESR ESR 4/17/2012 Proposed amendments to the City of Tarpon Springs' FLUM for 

15.93 acre from Industrial Limited, Preservation, and Transportation 

Utility Overlay districts to Res Low Medium, Preservation, and 

Transportation Utility Overlay districts. 

Treasure Island 12-1ESR ESR 2/29/2012 The City is proposing changes to the FLUE text and the FLUM to 

provide for a Planned Reredevelopement Mixed Use category. 

Treasure Island 12-1ESR ESR 2/29/2012 3/29/2012 FLUM change to provide for a Planned Redevelopment-Mixed Use 

category. 

Venice 11-1ESR ESR 11/4/2011 The City proposes to revise several text related amendments. 

Venice 12-2ESR ESR 5/8/2012 5/17/2012 Text amendments relating to regional airport. 

Wauchula 12-1ESR ESR 1/5/2012 2/1/2012 Capital Improvement Element update. 

Wildwood 12-1ESR ESR 4/2/2012 5/2/2012 Proposed text amendments. Provided water supply planning 

information.

8 


Williston 11-1ESR Regular 9/19/2011 10/19/2011 Proposed FLUM change from COM, MDR and R/OS to HDR and 

R/OS for RV park expansion; project currently in for ERP 

permitting; staff had no comments on proposed amendment. 

Williston 12-1ESR ESR 1/24/2012 2/21/2012 No substantive comments to be provided. 

Winter Haven 12-1ESR ESR 3/1/2012 3/27/2012 FLU County RES LOW 1 to City RES-Low Density. Near Lake 

Dexter in the Peace Creek watershed. 

Yankeetown 12-1ESR ESR 5/29/2012 6/18/2012 Land use change. No substantive comments made. 

Zephyrhills 11-1ESR ESR 10/25/2011 11/22/2011 Land use change involving 17.5 acres. Commented on flood hazard 

areas. 

Zolfo Springs 11-1ER EAR-based 9/27/2011 10/25/2011 Various text amendments and map series update based upon 2009 

EAR. 

AR Alternative 

ACSC Area of Critical State Concern 

CIE Capital Improvement Element 

DRI Development of Regional Impact 

EAR Evaluation and Appraisal Report 

ESR Expedited State Review 

PSFE Public School Facilities Element 

Remedial NOI-Not In Compliance 

WSFWP Water Supply Facilities Work Plan


July 31, 2012 


Development of Regional Impact Activity Report 

Item 37 

Purpose 

This report is provided for the Committee's information and shows District activity in the review 

of Developments of Regional Impact (DRIs). Staff updates the report monthly. 


The District participates in the review of Developments of Regional Impact (DRIs) pursuant to 

Section 380.06, Florida Statutes. DRI's are large-scale development projects that exceed 

statutorily specified thresholds such that the project is assumed to have potential impacts that 

transcend multiple local government jurisdictions. The District is one of several agencies that 

are required to participate in the review process, which is administered by the regional planning 

councils. The District has also entered into memoranda of agreement with the Central Florida, 

Southwest Florida, Tampa Bay and Withlacoochee regional planning councils to more 

specifically outline the District's DRI review responsibilities. The District provides water 

resource management technical and policy information to the regional planning councils and 

local governments to assist them in making well-informed growth management decisions. 


The benefits of the District's DRI review program are to ensure regional planning councils and 

local government elected officials have sound water resource technical and policy information 

as they consider large scale development proposals. This helps to ensure these developments 

are compatible with the District's plans, programs and statutory directives. Costs for this 

program primarily include staff time and are budgeted in Fund 10 (Governing Board). 



Presenter: Colleen Thayer, Public Affairs Bureau Chief 

9

10 

DRI Activity Report June 30, 2012 

Project DRI Location DRI App Type Date Assigned Date Completed Description 

CF Industries South Pasture Mine Extension Hardee SD - 1st 

Sufficiency 

5/20/2011 7,513 acre addition to existing phosphate mine. 

CF South Pasture Mine Extension Hardee SD 8/20/2010 4/14/2011 Additional land to be added to CF Industries' 

existing South Pasture Phosphate Mine in Hardee 

County. 7,513 acres. 

CF South Pasture Mine Extension Hardee SD - 2nd 

Sufficiency 

1/18/2012 2/13/2012 Additional land to be added to CF Industries' 

existing South Pasture Phosphate Mine in Hardee 

County. 7,513 acres. 

Cooper Creek Manatee County NOPC 8/30/2011 9/27/2011 Application proposes several changes to the 

existing development scenario. No substantive 

issues were identified made due to close 

coordination with developer during the 

development review process. 

Equity Southbend Hillsborough NOPC 4/27/2010 5/19/2011 Mixed Use. Proposal includes the addition of land 

for surface water management, build-out 

extension and changes to the location of office 

development. 

Four Corners Mine Addition S/D (aka 

G&D Farms) 

Four Corners Mine Addition S/D (aka 

G&D Farms) 

Manatee County ADA - 1st 

Sufficiency 

Manatee County ADA - 2nd 

Sufficiency 

Heron Creek North Port NOPC - 2nd 

Sufficiency 

Lake Hutto Hillsborough 

County 


County 


County 

NOPC - 4th 

Sufficiency 

NOPC - 3rd 

Sufficiency 

NOPC - 1st 

Sufficiency 

2/2/2011 3/3/2011 Application review. 

8/1/2011 8/26/2011 Examined materials. Review completed 8/26/11. 

No substantive comments made. 

3/11/2010 8/5/2010 Mixed Use. Conversion matrix changes - housing 

trade offs - no comments. Formerly Marsh Creek. 

2nd suff - conversion matrix changes - housing 

trade offs. 

10/4/2011 No substantive comments. Application dealt with 

a number of transportation issues. 

7/22/2011 8/12/2011 No substantive comments made. Made earlier 

comment re: reclaimed water availability. 

11/10/2010 12/7/2010 Mixed Use Development: 1,856 residential units; 

207,500 sf retail; 219,000 sf office; 36,000 sf 

medical and school.

11 



County 

Mosaic Fertilizer Hillsborough County 

Mines 

NOPC - 2nd 

Sufficiency 

4/7/2011 4/21/2011 No substantive comments. 

Hillsborough NOPC 9/25/2009 10/20/2009 Mining. Proposes addition of 77 acres to existing 

DRI. 

Mosaic Fertilizer, Wingate (DRI 273) Manatee County ADA 2/9/2011 3/10/2011 Initial review of material, processing for submittal 

to review team. Application proposes to reclassify 

705 acres within the existing mine to 

"approved for mining." 

Mosaic Fertilizer, Wingate Creek Mine Manatee County ADA - 1st 

Sufficiency 

Mosaic Fertilizer, Wingate Extension (DRI 

272) 

Mosaic Riverview Phosphogypsum Stack 

Expansion 

7/15/2011 8/3/2011 No substantive comments. 

Manatee County ADA 2/9/2011 3/10/2011 Initial review of material, processing for submittal 

to review team. Application proposes the 

addition of 661 acres to existing mine. 

Hillsborough NOPC 10/14/2009 10/29/2009 Mining. Proposes construction of a process-water 

loading station and transport of process water to 

Polk County facility. 

Oakbridge Lakeland SD 2/27/2012 3/26/2012 Additional 550,000 sq. ft. Regional Mall. 

Additional 98 dwelling units. Changes affect 

southeast quadrant (south of Polk Parkway) only. 

Oakbridge Lakeland SD - 1st 

Sufficiency 

6/5/2012 6/20/2012 Additional 550,000 sq. ft. Regional Mall. 

Additional 98 dwelling units. Changes affect 

southeast quadrant (south of Polk Parkway) only. 

Old Florida Plantation Bartow NOPC 6/14/2010 6/14/2010 District Project/Not Reviewed. 

Ona Mine Hardee Pre App 10/16/2009 Phosphate Mining. 20,676 acres. Re-submittal of 

previous DRI in Hardee County. Next major 

project for Mosaic. Still no application submittal 

as of 4-6-11. 

Paddock Park Ocala Abandonment 8/13/2010 9/2/2010 Abandonment of substantially completed 

commercial/office/residential mixed use project. 

272 acres. 

Palmer Ranch Sarasota County ADA 4/2/2012 4/30/2012 Increment XX - Application for Increment 

Development Approval. 267 single family 

residential units on 217 acres.

12 


Palmer Ranch Sarasota County ADA - 1st 

Sufficiency 

5/29/2012 6/11/2012 Increment XX - Application for Increment 

Development Approval. 267 single family 

residential units on 217 acres. 

Palmer Ranch Isles of Sarasota Phase 3 Sarasota County NOPC 7/11/2011 Increment XVII NOPC to add 38.4 acres with no 

increase in density. 

Parrish Lakes Manatee County ADA - 2nd 

Sufficiency 

Parrish Lakes Manatee County Final DRI 

Review 

Robinson Gateway Manatee County ADA - Initial 

Review 

Robinson Gateway Manatee County ADA - 1st 

Sufficiency 

1/7/2011 2/8/2011 No substantive comments made. 

2/28/2011 3/22/2011 Final Recommended Comments for 

development - Mixed Use - 1,155 acres. Proposes 

3300 residential units, 400,000 sf of retail and 

office and a mixed-use town center. 

12/29/2010 1/21/2011 Conducting ADA review. 

7/11/2011 Packet incomplete; waiting for additional 

materials. This was the first review of materials 

on file to date. 

Southbend Hillsborough NOPC 5/4/2010 6/1/2011 Mixed use. 

Tampa Bay Center Hillsborough NOPC 5/13/2010 6/9/2011 Commercial. 

The Villages of Sumter Sumter NOPC 9/12/2010 1/5/2010 Mixed Use. 13,489 acres. Reduction in retail and 

office uses; increase in residential based on land 

use matrix exchange. 

The Villages of Wildwood Sumter NOPC 9/15/2010 10/8/2010 Mixed Use. 13,477 acres. Addition of 4.71 acres to 

Town Center. 

Unnamed Exclusive Country Club Manatee NOPC - 1st 

Sufficiency 

5/16/2012 6/11/2012 Request to increase residential use category by 

11.59 acres. 

Villages of Wildwood - 3rd NOPC Sumter County NOPC 5/3/2011 Several proposed changes to Map H and Map H-1 

regarding land use types and intensities. 

ADA Application for Development Approval 

DRI Development of Regional Impact 

NOPC Notice of Proposed Change 

Pre-App Pre-Application Meeting 

SD Substantial Deviation


July 31, 2012 


Significant Activities 

Item 38 

Water Conservation Activities 

The District promotes water conservation and protection year-round using a variety of methods 

including public service advertising, news media outreach, the District’s website, special events, 

utility bill inserts, outreach to existing partners and social media efforts such as the online 

WaterMatters.org Newsletter, Facebook and Twitter. New Activities Since Last Meeting — 

(1) The “Watch the weather, wait to water!” campaign is being promoted June through 

September. The campaign informs residents that during these summer months, yards need no 

more than ¾ inch of rain every 2 to 3 days. The campaign reminds people that if their lawn has 

received enough water from rainfall, they can turn off their irrigation system and turn it back on 

when needed. The campaign features a website and tip card. The campaign is being promoted 

through traditional and social media, WaterMatters Magazine and the WaterMatters.org 

Newsletter. (2) Staff is supporting the Water Resources Bureau by reviewing irrigation audit 

promotion communications and looking at ways to increase resident participation in 

cooperatively funded irrigation audit programs. (3) Staff is assisting the District’s Utility Services 

Program with the revision of a survey for large utilities within the District and with ideas on how 

to share the District’s educational materials with utilities. 

Research 

The Communications Bureau uses research to enhance education program design, plan 

communications strategies and evaluate programs. For example, focus groups have been used 

in the development of campaigns, and public opinion surveys have been used to evaluate these 

campaigns. A database of the District’s social research is available at 

WaterMatters.org/SocialResearch/. New Activities Since Last Meeting — WaterReuse 

Research Foundation Advisory Committee: Staff will serve as a project advisor for the 

WateReuse Research Foundation on its upcoming project, Public Acceptance Clearinghouse of 

Information for Website. In this capacity, the staff member will serve as an advisor and reviewer 

during an RFP development and implementation process that will result in an online 

clearinghouse of research and data on public acceptance of alternative water supplies (e.g., 

reclaimed water, desalination). Alternative Water Supply Survey: The alternative water supply 

survey will be completed in July and a draft report is to follow from the evaluation vendor. 

Water Conservation Hotel and Motel Program (Water CHAMP SM ) and Water Program for 

Restaurant Outreach (Water PRO SM ) 

Water CHAMP SM promotes water conservation in hotels and motels by encouraging guests to 

use their towels and linens more than once during their stay. Participating hotels and motels 

receive program materials free of charge. In 2008, the Districtwide five-year water audit 

confirmed Water CHAMP participants saved an average of 17 gallons of water per occupied 

room per day. Based on these audit findings, the cost benefit for the program, using the total 

cost amortized over five years, is $0.47 per thousand gallons of water saved. Water PRO SM 

educates both restaurateurs and guests through free materials such as table tents, children’s 

coloring sheets, coasters and self-audit checklists. “We serve water only upon request” buttons 

are also available for wait staff. The program is being promoted through one-on-one visits with 

restaurant managers, partnerships with utility companies, networking at industry meetings and 

direct mail. New Activities Since Last Meeting — Water CHAMP has 454 participants, 

representing more than 49 percent of all hotels/motels in the District and 68 percent of all 

available rooms in the District. Water PRO has 284 participants. 

13

Item 38 

Florida Water Star SM (FWS) Certification Program 

FWS is a voluntary certification program for builders, which encourages water efficiency in 

appliances, plumbing fixtures, irrigation systems and landscapes, as well as water quality 

benefits from best management practices (BMPs) in landscapes. The program includes 

certifications for new homes, existing homes, commercial properties and communities. This is 

the program’s fourth year in the District; the first house was certified March 25, 2009. New 

Activities Since Last Meeting — Agreements: Builders who intend to incorporate FWS criteria 

in current or future projects sign nonbinding participation agreements with the District. To date, 

27 agreements have been signed, representing approximately 545 properties. Certifications: As 

of June 29, this District has certified 218 properties. 

Florida-Friendly Landscaping 

Recognizing the potential of water conservation and water quality protection through promotion 

of Florida-Friendly Landscaping (FFL) practices, the District began partnering with the 

University of Florida in FY2001 to support FFL education. Education on landscaping best 

management practices in 11 counties is provided to audiences that include homeowners, 

students, builders, landscape and irrigation professionals, property managers, and members 

and boards of community associations. New Activities Since Last Meeting —(1) Sarasota: 

The FFL program reports that 19 homeowner irrigation system evaluations were conducted. 

Based on results from similar evaluations conducted in Manatee County, the potential 

cumulative annual water savings for the 19 participating Sarasota County homes is 505,400 

gallons of water (average of 26,600 gallons saved per evaluation). (2) Pinellas: The FFL 

program reports that the Madeira Cove Community Association changed landscaping practices 

after a presentation to the board on FFL and a site visit from the coordinator. In addition, board 

and landscaping committee members attended a series of FFL workshops to learn specifically 

about irrigation checkups, fertilization and pruning. The workshops also enabled the board to 

modify their landscaping maintenance contract and to communicate their requests to their 

landscape contractor. (3) Polk: The FFL program reports that 3,000 fourth-grade students 

participated in water conservation education sessions during Agri-Fest. The students worked in 

small groups to determine daily water budgets using actual gallon jugs. After learning about 

water conservation, 94 percent of students demonstrated knowledge gain of water conservation 

and 78 percent of students demonstrated an intent to change their behaviors regarding their 

water use. 

Watershed/Water Quality Education 

The District’s watershed education efforts focus on water quality, stormwater runoff, water 

conservation and natural systems. Through these efforts, the District encourages specific 

behaviors such as reducing fertilizer and pesticide use, maintaining septic systems, conserving 

water, disposing of trash appropriately and picking up and properly disposing of pet waste. New 

Activities Since Last Meeting — Staff assisted in updating three lake signs for Lakes 

Education/Action Drive in Polk County. 

Community Education Grant Program 

The Community Education Grant (CEG) program is in its fifteenth year and is funded through 

Initiatives for Public Education (P268). The CEG program offers reimbursement grants up to 

$7,500 for individuals, service groups, community associations and others to implement water 

resources education projects. New Activities Since Last Meeting — The twelve projects 

approved for FY2012 are under way and will be completed by July 31, 2012. One of these 

�� 

workshops and one volunteer demonstration garden planting educating approximately 81 

participants about water conservation, Florida-Friendly Landscaping principles and rain barrel 

installation and use. Another project, Camp Bayou’s Spring Open House event, was hosted in 

Ruskin on June 2. At the event, more than 100 guests participated in native plant walks and dip 

netting and gained a stronger understanding of water quality and water supply issues while 

learning actions they can practice to become better stewards of their water resources. The 

Charlotte Harbor Environmental Center's project includes hosting 20 guided boat trips up the 

Peace River where participants will learn about water quality, aquatic habitats, nonpoint source 

14

Item 38 

pollution and best management practices. To date, the Center has hosted 11 boat trips with 

more than 120 participants. 

Youth Education 

More than half the students and teachers in the District are reached through the Youth Water 

Resources Education program in a typical year. For FY2013, the staff's proposed Youth Water 

Resources Education Program has been streamlined to eliminate potential duplication and to 

enhance efficiency. Planned changes retain but limit the program's major components: school 

board agreements, grants for classroom projects, teacher training workshops, curriculum tools 

and publications for students and educators. For the FY2012-2013 school year, the following 

changes are being planned: (1) While educational resources and teacher training will continue 

to be offered to county school districts, charter schools, private schools, homeschool groups 

and nonformal educators, Splash! school grants and field studies programs will be offered only 

to school districts and charter schools. (2) The Splash! school grant process has been 

revamped to reduce staff time required to manage the grants. (3) The types of teacher training 

workshops coordinated by staff throughout the District’s 16 counties will be limited to Project 

WET (Water Education for Teachers) and The Great Water Odyssey SM . Kindergarten through 

twelfth-grade educators attending workshops will continue to receive curricula as well as District 

materials. (4) About half of the youth publication titles will be phased out. New Activities Since 

Last Meeting — Staff presented information about the District, watersheds, water supply, water 

conservation and educational resources at two Audubon Ecology Teacher Camps at Weedon 

Island Preserve on June 12 and 19. The two separate week-long camps educated 23 Pinellas 

County elementary and middle school teachers. Splash! School Grants: This competitive grant 

program provides funding up to $3,000 per school to enhance student knowledge of freshwater 

resources issues. Splash! school grant applications for the 2012–2013 school year are online at 

WaterMatters.org/schoolgrants/ and are due Sept. 7, 2012. Teacher Training: (1) On June 19, a 

Healthy Water, Healthy People workshop occurred for 20 Hillsborough County high school 

teachers at Nature’s Classroom in Thonotosassa. The workshop provided hands-on training 

about water quality, water quality monitoring practices and environmental health. (2) A June 26 

Discover A Watershed workshop educated 20 Hillsborough County high school teachers at 

Nature’s Classroom about watershed management, water conservation and actions to protect 

water resources. (3) A Project WET Workshop was held on June 27 at Nature’s Classroom for 

20 Hillsborough County secondary teachers. All three Nature’s Classroom workshops were 

conducted in partnership with the Hillsborough County School District and funded through the 

Hillsborough County School Board Agreement. (4) Planning is under way for an August 1 

workshop for 10 Pinellas County teachers as part of the Learning in Florida’s Environment: Gulf 

to Bay Project (B-WET) project funded by the National Oceanic and Atmospheric Administration 

(NOAA). Through a combination of teacher professional development and a series of student 

field experiences at freshwater, estuarine and gulf locations, the project will engage students in 

real-world conservation efforts. The NOAA grant was awarded to the Florida Department of 

Environmental Protection. District staff are supporting the grant activities at Sawgrass Lake 

Park, which is a District property in Pinellas County. School District Coordination: (1) The 

District provides funding through school board agreements to implement water resources 

education programs for K–12 students and educators. During this school year (2011–2012), 

agreements are in place for Charlotte, Citrus, DeSoto, Hardee, Hernando, Highlands, 

Hillsborough, Levy, Manatee, Marion, Pasco, Pinellas, Polk, Sarasota and Sumter school 

districts. (2) Staff is working with school district personnel from the previous list of counties to 

finalize school year 2012–2013 scopes of work. Publications: More than 304,848 copies of 

youth education publications and other materials have been distributed thus far during FY2012. 

Strategic Communications Planning 

The Public Information Section works with staff from various bureaus to plan outreach efforts 

related to projects and programs that directly impact residents. This is done by analyzing any 

communications challenges that may exist and creating plans to address those challenges. 

Public Information staff assist with the planning, execution and evaluation of these efforts. New 

Activities Since Last Meeting — (1) Staff is working with the Water Resources Bureau to plan 

public outreach to residents living in Polk, Pasco and Hillsborough counties and the cities of 

Winter Haven and Clearwater in response to the five cooperatively funded reclaimed water 

15

Item 38 

aquifer recharge projects. Staff is also attending regular project meetings with the cooperators 

to discuss the communications plan and implementation. The public outreach survey planning 

started in April and staff is currently working with Kerr & Downs Research to finalize survey 

questions. Survey implementation will be completed in July. (2) Staff is working with the Public 

Affairs Bureau to assist with communications activities for the Central Florida Water Initiative 

(CFWI) Regional Water Supply Plan (RWSP) planning process. Staff participated in regular 

teleconferences to plan the June 28 public meeting. In addition, staff prepared an electronic 

invitation, public comment cards, sign-in sheets, Frequently Asked Questions and signage for 

the meeting. Public Information staff assisted during the meeting, which was attended by 

approximately 75 people interested in CFWI activities. Staff is currently assisting with 

development of a CFWI RWSP strategic communications plan. 

Visual Communications — Print 

The print team provides prepress layout, illustration and design of publications and displays for 

the Communications Bureau and Districtwide support. New Activities Since Last Meeting — 

Communications: Water PRO� coloring placemat update; Water Pollution — You Can Make a 

Difference signage design; ePermitting poster; Florida-Friendly Landscaping (FFL) coloring 

sheet reprint; signage for FFL principles; WaterMatters Magazine layout and prepress; Florida 

Water Star� certificates; flood sandbagging photos at Brooksville Fire Station; Central Florida 

Water Initiative meeting materials (comment card, sign-in sheet, signage). Data Collection 

Bureau: Emergency Operations Center wallet info cards; various Regional Observation and 

Monitor-well Program reports layout drafts; template for technical reports. Human Resources & 

Risk Management Bureau: Defensive Driving poster. Water Resources Bureau: Central 

Florida Water Initiative presentation maps and graphics; Dover Freeze report layout; Duck Pond 

stormwater drainage project presentation graphics. Office of Executive Director: Dashboard 

drafts. Operations & Land Management Bureau: Flying Eagle Youth Center support materials 

(board presentation, maps, timeline); hog hunt maps, rules and indemnification document drafts; 

District levee maps updates. 

Visual Communications — Web 

The web team designs and develops website content and code. New Activities Since Last 

Meeting — “Watch the Weather, Wait to Water” campaign webpage; Central Florida Water 

Initiative HTML email blast; updates to Florida-Friendly Landscaping webpage; Governing 

Board meeting video link redesign and development to include agenda links; Agriculture section 

updates; “After the Flood” EPA health and safety info link. Monthly Web Trends: Overall site 

traffic was 73,750 visits with 204,888 page views. Visits were up 3% from last month and up 1% 

from same period last year. Most popular webpages: Recreation (36,783 page views; down 

17% from last month, up 29% from same period last year); Water Conservation (21,604 page 

views; down 33% from last month, up 1% from last year); Education (20,604 page views; down 

29% from last month, up 9% from same period last year. Most increased traffic (excluding 

“most popular webpages”): School Grants (4,986 page views; up 160% from last month, up 27% 

from same period last year); Business & Finance (4,489 page views; up 20% from last month, 

up 12% from same period last year); Documents (4,180 page views; up 13% from last month, 

up 36% from same period last year); Watershed Management (3,846 page views; up 14% from 

last month, up 4% from same period last year). 

Public Affairs Bureau 

The Public Affairs Bureau supports the District’s mission through a broad range of activities. 

Staff serves as liaisons with local, state and federal government officials and represents the 

District with a number of community organizations. Staff also advocates the District’s legislative 

priorities and develops and implements strategies to acquire state and federal appropriations. 

Further, staff provides government and agency assistance, economic and demographic 

analysis, Board and Advisory Committee support, and outreach and strategic planning for the 

District. 

Legislation and Policy 

The Public Affairs Bureau acts as the District’s day-to-day representatives before the Florida 

Legislature and U.S. Congress. This includes educating officials and staff regarding the mission 

16

Item 38 

of the District, providing information on issues and legislation, and coordinating our legislative 

program with other state and federal agencies. The department recommends, develops and 

executes the District’s legislative program based on Governing Board and executive staff 

direction. Public Affairs staff works with executive, legal and other departments to develop and 

manage internal District legislative procedures and policies. New Activities since Last 

Meeting: Legislative proposals for the 2013 Session are under development in conjunction with 

the other water management districts and DEP. The District has a proposal to reduce water 

management districts involvement in providing Florida Department of Transportation (DOT) 

mitigation when DOT’s investigation concludes that mitigation bank credits are the most cost 

effective option. Additionally there are a couple issues from last year that we anticipate as 

amendments as the process gets underway. Specifically these include the rulemaking 

exemption for cooperative funding projects, the repeal language related to the Manasota Basin, 

and the makeup of the Citrus/Hernando Task Force. District staff recently presented its 

proposed 2012-2013 budget to the Office of Policy and Budget within the Governor’s office, 

DEP, and Senate and House appropriations staff. All five districts present their proposed 

budgets each year prior to the August 1 required submittal. 

Local Government Efforts 

As part of the District’s community and legislative affairs program, the Public Affairs Bureau is 

responsible for (1) developing effective relationships with local elected and public officials and 

their staff, (2) serving as the District’s day-to-day liaison with local officials, (3) facilitating 

coordination of District programs to assist local government entities, (4) promoting the mission 

of the District and (5) helping to develop and foster sound public policy on water resource 

related issues. To meet these responsibilities, PAB has developed long-standing programs and 

tactics, including but not limited to, project tours, the e-Resource newsletter, e-mail alerts and 

one-on-one meetings. New Activities Since Last Meeting: 

• City of Brooksville City Council Meeting (6/4/2012) - The City Council approved a change 

order to a District-funded reclaimed water project, the Cobb Road WWTP to Southern Hills 

Development Reclaimed Water Project. The total project cost is $5,089,140 with the District 

funding $2,544,570. The project is nearing completion with the final milestone being the 

connection of reclaimed water to a storage pond within the Southern Hills community. The 

existing agreement between the City and Southern Hills calls for the developer to pay for the 

costs associated with the final connection and infrastructure. Due to budget constraints the 

developer cannot complete the connection at this time. City staff proposed a change order 

that would allow the City to make the final connection and seek reimbursement from the 

developer at a later date. The change order was approved and will include funding for the final 

connection and associated infrastructure within the Southern Hills community. The District will 

not be asked to reimburse the City for this change order. 

• Sarasota County Commission (6/5/12) - The Commissioners pulled two items related to the 

District from the consent agenda. The first item was to approval a proposal by the District to 

administer a Pilot Feral Hog Hunt to reduce the feral hog population and habitat degradation 

from the Deer Prairie Creek Preserve. While the Commissioners agreed there is significant 

habitat degradation from the hogs, they did not feel they had enough information to vote on 

the item. They postponed the vote and asked staff to bring it back for consideration within 30 

days. A group call Sarasota County Defense of Animals is against the proposed three-night 

hunts. Commissioner Barbetta pulled a contract amendment to our cooperative funding 

agreement for the updating and maintenance of the County Watershed Management Plans 

(L019) to increase the Contract amount to $600,000, with each party contributing the amount 

of $300,000 for a total contract amount of $1,000,000 and to extend the term of the agreement 

to December 31, 2014. There was confusion regarding the total contract amount. County staff 

explained that the additional money combines FY 2011, FY 2012 and FY 2013 money into 

one contract because of the lengthy approval process between the County and District. Staff 

also explained the contract is contingent upon approval of the FY 2013 budget. The 

Commission voted 3-2 in favor of the amendment and asked staff to reanalyze their 

procedures for this project and bring it back before the Commission in the next few months. 

• Citrus County Meet and Greet (6/5/2012) – During the month, Mr. Guillory and PAB staff 

met with Citrus County Commissioners Winn Webb and Rebecca Bays, Dennis Damato and 

County Administrator Brad Thorpe. They discussed the reorganization of the District, 

17

Item 38 

budgets, and cooperative funding. They also discussed significant activities within Citrus 

County such as Port Citrus and Kings Bay restoration efforts. Commissioner Damato 

discussed the Withlacoochee Regional Water Supply Authority and the future partnership 

between the District and the Authority. 

• Sumter County Meet and Greet (6/7/2012) – Mr. Guillory and PAB staff met with Sumter 

County Administrator Bradley Arnold and Commissioners Doug Gilpin, Don Burgess and 

Garry Breeden. They discussed the reorganization of the District, budgets and cooperative 

funding. They also discussed significant activities within Sumter County such as The Villages. 

Commissioner Garry Breeden inquired about the District’s shell material left over from the 

Lake Panasoffkee restoration project. The County is interested in using some of the material 

to repair some rural roads within Sumter County assuming the District does not have a use for 

the material. Mr. Guillory indicated that he would meet with staff to discuss the potential use of 

the material. 

• Citrus County Commission (6/12/2012) - The Citrus County BOCC approved several items 

related to the District at their regular meeting. These included the approval of cooperative 

funding agreements for the Tsala Apopka Outlet Watershed (L658) and the Inverness 

Watershed (L660). Both agreements are part of the District Watershed Management Program. 

The Board also adopted a Floodplain Management Ordinance that will allow the County to 

enforce and manage floodplain activities. 

• Sarasota County Commissioners (6/18/12) - Earlier in the month, Sarasota County 

Commissioners delayed a vote on the District’s proposal to conduct two 3-night dog hog hunts 

on Deer Prairie Creek. The property is co-owned and managed by the District and the County 

and according to the management agreement, a hunt on the property must have written 

approval by both parties. The District is responsible for hog management on the property. A 

group called Sarasota Defense of Animals objects to the hunt and have been calling the 

Commissioners and sending emails asking the Commission to vote no on the proposal. They 

are opposed to hog hunting if the hunt is conducted with dogs. District staff met with the 

Commissioners in one-on-one meetings to discuss the District’s hog management practices 

and answer their questions about the hunt. Staff explained how the District’s hunts are 

conducted, why staff believes the hunts are effective and discussed the challenges of hog 

management and the importance of effective hog management to the District’s land 

management program. 

• Tampa Bay Water (6/18/12) - The Tampa Bay Water Board held a public hearing and 

adopted their FY2013 budget. There was no proposed rate change for 2013 with water 

demands projected to remain constant. Tampa Bay Water staff reviewed their water allocation 

of 169.2 mgd with 90 mgd coming from the consolidated wellfields, 38.7 mgd from the surface 

water treatment plant, 29.5 mgd from other ground water sources and 11 mgd from the 

desalination plant due to the reservoir repairs. The Board also approved a board resolution for 

the modification of the FDEP and Hillsborough County permits for the reservoir repairs. 

Modifications to the permits must be made due to the cancellation of the reservoir expansion. 

The FDEP permit is expected to be approved late this year. Revisions to the scope of work for 

Kiewitt Infrastructure South were also approved. The board also passed a motion to appeal 

the federal court judgment regarding the liability of HDR Engineering for the reservoir 

cracking. In other business, the board approved their 2013-2017 Capital Improvement 

Program Plan which identifies capital projects as well as funding sources. 

• Lakes Horse, Raleigh and Rogers Recovery Project Meetings (5/31/12) – District staff met 

with Hillsborough County Commissioners Sandra Murman, Mark Sharpe and Victor Crist to 

update them on the progress of the Lakes Horse, Raleigh and Rogers Recovery Project. The 

commissioners have been contacted by constituents in opposition of the project. As board 

members of Tampa Bay Water, Commissioners Murman and Sharpe are supportive of the 

project. Commissioner Murman stated that if there was increased opposition to the project, 

she would not be opposed to delaying the agreements. She suggested that District staff 

present an overview of the project at the Hillsborough County Environmental Protection 

Commission (EPC) Board meeting (the Hillsborough County BOCC serves as the EPC 

Board). Commissioner Crist stated that he would not be supportive of the needed agreements 

if there was significant constituent opposition. Commissioner Crist also had questions 

regarding the FDOT-I75 noise wall. Commissioner Crist has received constituent complaints 

about a gap in the wall. After speaking with FDOT and learning that the gap was due to a 

18

Item 38 

wetland ditch system, Commissioner Crist contacted the District regarding the permitting of 

the wall. Staff provided Commissioner Crist with the District’s inspection report photographs 

from May 25, 2012. Staff explained to him that the District will be happy to work with FDOT to 

modify the permit for the wall to close the gap but still maintain flow for the wetland ditch 

system. 

• DeSoto County (6/26/12) - Commissioner Langford contacted PAB staff with a constituent 

complaint about a grove owner pumping rainwater into the ditches and canals along a county 

road and the homeowner was concerned with the threat of flooding on his property. District 

regulation staff investigated the matter and talked to the grove owner and homeowner. County 

staff worked on maintenance of the ditch which will alleviate some of the flooding potential. 

The issue is resolved at this time. 

• FDEP “Ten-Two” Rule Webinar (6/27/12) - All of the District’s Service Offices hosted the 

FDEP “Ten-Two” rule webinar in our Governing Board rooms. Each office had members from 

the consulting community attend the webinar and ask FDEP staff questions about the new 

legislation. 

• Winter Haven Chamber of Commerce (Legislative Affairs Committee) 06/27/12 - For the 

last few months, the Legislative Affairs Committee has been addressing water issues 

culminating with a presentation from District SWIM staff. Staff’s presentation focused on 

SWIM activities, SWUCA Recovery, Peace Creek Maintenance, Peace Creek Watershed 

Management Plan, and the Peace River Integrated Model with Storage Locations. Some of 

the questions asked were: What makes the Chain of Lakes a SWIM priority and how does the 

District work with local governments on projects? 

Planning 

• Regional Planning Councils 

� Tampa Bay Regional Planning Council (6/14/12) – The Tampa Bay Regional 

Collaboration Committee consisting of 13 appointed Council members was created three 

months ago to explore and identify regional collaboration opportunities including port 

development, transportation and increasing connectivity between cities. The Committee will 

hold its first public meeting on June 18, from 1:30 – 3:30 pm at the TBRPC office to discuss 

airports. The directors from the three (TPA, SRQ and PIE) Tampa Bay area international 

airports will be in attendance to discuss regional collaboration opportunities. Chuck 

Warrington, Managing Director for Clearwater Gas Systems and Leroy Sullivan, Regional 

Manager for TECO Peoples Gas provided an overview of natural gas uses, benefits and 

opportunities for central Florida. There was a lengthy discussion regarding the politics of 

supporting natural gas and potential strategies for maximizing natural gas use in the Tampa 

Bay area. The 2012 Official Hurricane Guide is now available for seven counties: Citrus, 

Hernando, Hillsborough, Manatee, Pasco, Pinellas and Sarasota. The Council is hosting the 

46 th Annual National Association of Regional Councils Annual Conference at the 

Renaissance Vinoy, June 10th through June 14th. This national conference will bring in over 

400 elected officials and regional planning professionals from across the nation. There is no 

scheduled TBRPC meeting for July. 

• CFWI Public Meeting (6/28/12) – Staff from the Southwest Florida, St. Johns River and 

South Florida water management districts planned and held a Central Florida Water Initiative 

public meeting at the Lakefront Marina Building in St. Cloud. The Florida Department of 

Environmental Protection, Florida Department of Agriculture and Consumer Services and 

regional utilities are also part of the process and were in attendance. This public meeting 

provided stakeholders and the public with more information about the Central Florida Water 

Initiative and the development of a Regional Water Supply Plan for the area, which includes 

southern Lake, Orange, Osceola, Polk and Seminole counties. There were approximately 

75 people in attendance, including stakeholders from various user groups and local 

governments, the Central Florida Regional Planning Council, MyRegion.org, environmental 

groups, private businesses and land owners, etc. 

• Annual REDI Report – District staff has prepared the annual report to the Rural Economic 

Development Initiative (REDI), which is expected to be finalized and submitted by July 16, 

2012. The report highlights District activities that benefit rural communities as defined in 

section 288.0656, F.S. The focus is on cooperative funding projects and other District projects 

that provide positive economic impacts on rural cities and counties. Technical assistance 

19

Item 38 

efforts are also highlighted such as the District’s Utility Services Program and the Community 

Planning Sheets developed as part of the 2010 Regional Water Supply Plan update. 

Community Services 

In addition to acting as the District’s liaison to local government, the Public Affairs Bureau is 

responsible for the primary “grassroots and grasstops” efforts with local community organization 

and groups. These include the agricultural community, environmental groups, business 

associations and others. These relationships provide a pivotal component of the District’s 

legislative program and allow for opportunities to communicate the District’s mission, policies 

and the goals. New Activities Since Last Meeting: 

• Kiwanis Club of St. Petersburg (6/5/12) - Staff gave a District 101 presentation to the 

Kiwanis group of approximately 40 people. Staff answered questions about watering 

restrictions, reclaim water use and general questions about water use and conservation. 

• Tampa Bay Water Conservation Coordination Consortium (6/5/12) - Tampa Bay Water 

staff reported that work on the reservoir might be delayed due to the cancellation of the 

reservoir expansion. The desalination plant is scheduled to come on-line in August. Staff are 

also developing temporary alternative triggers for Tampa Bay Water’s water shortage 

mitigation plan. Current triggers are tied to the level of the reservoir and temporary ones will 

be created while the reservoir is being repaired. New ones will be based on indicators such as 

rainfall and streamflow. The alternative triggers draft will go to the board in June. 

• Public Meeting for Pending Permit Application (6/5/12) - Approximately 66 people 

attended the public meeting for the Crystals Springs Aggregate Transfer Facility permit. Eight 

people made public comments concerning truck traffic and environmental concerns. 

Residents felt the permit should be denied due to the impact on the community and traffic and 

environmental studies should be required. Many of the comments were not directed at the 

transfer facility but at a future asphalt plant that they said was proposed at a Pasco County 

government meeting. Past Governing Board Chair Mr. Ronnie Oakley was in attendance. 

• Brooksville Ridge Kiwanis Club (6/8/2012) – Staff presented to the Kiwanis club at its 

regular meeting. The presentation included District responsibilities, watering restrictions and 

water conservation. The group was very engaged and asked numerous questions about how 

the District determines when and what areas watering restrictions will occur. 

• Flying Eagle Property Tour (6/8/2012) - District staff toured the property with Citrus County 

Commissioner Rebecca Bays, Bo Rooks (Citrus Ag Alliance), Cathy Pearson (Assistant 

County Administrator), and Marla Chancey (Citrus County Visitors and Convention Bureau). 

Members of this group also represent the Citrus County Economic Development Council and 

the Chamber of Commerce. The purpose of the tour was to show the facilities on the property 

and seek input in the development of the RFP that will be advertised soon. 

• Citrus County Agricultural Alliance (6/11/2012) - Staff attended the monthly Ag Alliance 

meeting and provided an update on the RFP that is being developed for the Flying Eagle 

property. Bo Rooks representing the Ag Alliance attended a tour of the property last week. 

Staff explained that the District is trying to find a potential tenant for this property and some of 

the history associated with the parcel. 



Presenter: David T. Rathke, Chief of Staff 

20


July 31, 2012 

RESOURCE MANAGEMENT COMMITTEE 



40. Aquifer Storage and Recovery Arsenic Issue Update (H046) ........ (15 minutes) ............. 2 

41. Fiscal Year 2013-14 Cooperative Funding Initiative ....................... (10 minutes) ............. 3 

42. Lakes Horse, Raleigh, and Rogers Recovery Project 

Update (B027) ................................................................................. (15 minutes) ............. 7 



43. Minimum Flows and Levels ............................................................................................... 9 

44. Watershed Management Program and Federal Emergency 

Management Agency Map Modernization ......................................................................... 13 

45. Significant Water Supply and Resource Development Projects ....................................... 16


July 31, 2012 


Aquifer Storage and Recovery Arsenic Issue Update (H046) 

Item 40 

Purpose 

This item is presented for the Board’s information only. Staff will provide an update and status 

on the progress made in solving the arsenic mobilization issue at Aquifer Storage and Recovery 

(ASR) projects in the District. 


ASR is the storage of treated surface water or reclaimed water in the aquifer for future use. 

Excess water obtained during wet periods is injected through a well and stored in the aquifer 

until it is needed and withdrawn during the dry periods. All water injected into an aquifer that is 

considered to be an Underground Source of Drinking Water is required to meet all drinking 

water standards (DWS). Currently, there are 12 constructed ASR projects in the District that are 

providing up to 52 million gallons per day (mgd) of water supply during the dry season, and 

have cumulatively supplied over 20 billion gallons of water for beneficial use. There are an 

additional five projects that are in the construction and testing phase of development that when 

completed will be capable of providing up to 7-12 mgd of dry season supply, and seven projects 

that have been cancelled or put on indefinite hold due to the uncertainty resulting from the 

arsenic mobilization issue. As a result of this uncertainty, it is estimated that development of 

more than 100 mgd of dry season supply from ASR systems has been postponed. 

The mobilization of naturally occurring arsenic was first discovered in 1994 at the City of 

Tampa’s (City) ASR site. By 2004, arsenic mobilization had grown to a statewide issue and has 

now emerged as a national issue. The current practice of the Florida Department of 

Environmental Protection (DEP) and the Environmental Protection Agency (EPA) is to ensure 

that ASR facilities are in full compliance with the DWS at all times prior to issuing an operational 

permit. Through the use of consent or administrative orders, DEP has allowed the continued 

testing of existing facilities and the development of new facilities that are not meeting the 

arsenic DWS as long as they show they are committed to implementing solutions to the arsenic 

mobilization issue. 

Over the last several years, the District has emerged as one of the national leaders in the 

advancement of both ASR technology and research. The Governing Board's past commitment 

to funding research to identify the sources and mechanisms causing the mobilization of arsenic 

in the aquifer has been instrumental in the development of solutions, such as the nationally 

recognized City of Bradenton Pre-treatment Degasification Pilot Study. The pilot study proved 

that removing dissolved oxygen (DO) solves the arsenic mobilization issue. The City just 

completed their second season of successfully supplying arsenic-free potable water from their 

ASR system to their customers. Since the success of the pilot project, new technologies for 

oxygen scavenging are being tested and developed, and more than ten projects statewide are 

implementing various DO removal techniques. The results of the pilot study served as the basis 

for the decision to implement three new ASR projects in the District. Two of the projects are 

converting from above-ground reservoirs to ASR, offering significant cost savings and increased 

storage volumes. 



Presenter: Don Ellison, Sr. Professional Geologist, Water Resources Bureau 

2


July 31, 2012 


Fiscal Year 2013-14 Cooperative Funding Program 

Item 41 

Purpose 

To provide the Governing Board an update on the Fiscal Year 2013-14 Cooperative Funding 

Program and an overview of Board Policy 130-4 “Cooperative Funding Initiative.” 

Background 

At its November 2011 meeting, the Board discussed options for reviewing and evaluating the 

cooperative funding requests and for receiving public and stakeholder input on the applications. 

The Board approved dividing themselves into four sub-committees based on the District’s water 

supply planning regions. The sub-committees met in February and April 2012 to receive input 

from the applicants, public, and stakeholders and to review the applications. In April, the 

sub-committees considered staff’s project rankings and recommended projects for the 

Governing Board to include in the FY 2012-13 budget. In May and June, the recommended 

projects were presented to the Governing Board and were included in the Fiscal Year 2012-13 

Recommended Annual Service Budget. 

The Board last updated Board Policy 130-4 “Cooperative Funding Initiative,” in December 2011. 

Changes to policy were administrative in nature. Staff will provide the Board with an overview of 

Board Policy 130-4 (see exhibit). Staff will also review the proposed schedule for the 

FY2013-14 Cooperative Funding Program. The schedule includes moving up the Cooperative 

Funding Program application deadline by two months from December to October. This change 

will allow staff more time to work with the applicants and review the projects prior to the 

sub-committee meetings. 



Presenter: Mark A. Hammond, Director, Resource Management Division 

3


July 31, 2012 


Lakes Horse, Raleigh, and Rogers Recovery Project Update (B027) 

Item 42 

Purpose 

To provide the Governing Board an update on the Lakes Horse, Raleigh, and Rogers Recovery 

project (formerly known as the Rocky Creek Lake Enhancement project) to enhance water 

levels in these lakes. This update was requested at the May Governing Board meeting. It is 

presented as an information item only, and no action is required. 


Florida Statutes require the water management districts to establish minimum flows and levels. 

Minimum levels are the levels at which further withdrawals would be significantly harmful to the 

water resources of the area. The districts are also required to develop and implement a 

recovery strategy if the minimum levels are not being achieved. The District adopted by rule a 

recovery strategy for the Northern Tampa Bay Water Use Caution Area (NTBWUCA) because 

certain wetlands, lakes, and streams were not meeting the minimum levels. Horse Lake is not 

meeting its Board-adopted minimum levels, and lakes Raleigh and Rogers are stressed. 

Groundwater withdrawals primarily associated with the regional wellfields in Tampa Bay Water’s 

Central System Facilities were found to be the cause of lowered groundwater levels and 

impacts to the lakes and wetlands, including lakes Horse, Raleigh, and Rogers. 

The District’s recovery strategy required Tampa Bay Water (TBW) to reduce groundwater 

withdrawals from the Central System from 158 million gallons per day (mgd) to no more than 

90 mgd to help reduce water resource impacts. TBW was also required to develop and 

implement a mitigation plan for lakes and wetlands that were predicted to not fully recover 

following reduction of groundwater withdrawals to 90 mgd. TBW’s mitigation plan, which was 

approved by the District, includes the Lakes Horse, Raleigh, and Rogers Recovery project, as 

these lakes are not expected to fully recover. A successful temporary water transfer project was 

implemented for lakes Horse, Raleigh, and Rogers by the District in cooperation with TBW 

during the 1997-1998 El Niño events. The District entered into a cooperative funding agreement 

with TBW to provide funding and implement the Lakes Horse, Raleigh, and Rogers Recovery 

project. 

The Lakes Horse, Raleigh, and Rogers Recovery project is proposed to divert water from Rocky 

Creek at Pretty Lake to lakes Horse, Raleigh, and Rogers. During wet periods when Pretty Lake 

and downstream Lake Armistead are above normal operating levels, a small portion of water is 

proposed to be diverted into nearby Horse Lake, which will flow into lakes Raleigh and Rogers. 

The District acquired property on Horse Lake in 2003 to install a pump and pipe to divert water 

from Horse Lake to Lake Raleigh, and acquired a property on Pretty Lake in 2011 to locate the 

pump and pipe to divert water from Pretty Lake to Horse Lake. 

At the May 2012 Governing Board meeting, the Board requested a staff presentation on the 

project in response to comments from residents who live on Rocky Creek lakes. The District’s 

public process to date consists of: 

7

Item 42 

• Held three public meetings 

• Made extensive efforts to respond to resident questions by telephone and email 

• Changed the project name to clarify the project goal 

• Committed to provide permit applications to the resident’s consultant for review prior to 

submitting them to permitting agencies 

Staff will provide the Board with a project summary and status. 



Presenter: Mark A. Hammond, P.E., Division Director, Resource Management 

Warren Hogg, P.G., Tampa Bay Water, Senior Manager, Evaluation and 

Permitting 

8


July 31, 2012 


Minimum Flows and Levels Status Report 

Item 43 

District staff continues to work on various phases of Minimum Flows and Levels (MFLs) 

development for water bodies on the District's MFLs priority list. Attached for the Board's use 

and information is the current Minimum Flows and Levels Priority List and Schedule – Water 

Body Timelines report that identifies the status of each water body with regard to the District’s 

five-phase process of MFLs establishment. 

Phase 2 of the MFLs development process, which consists of data analysis and internal draft 

report development, will be delayed for Brooker Creek, Crystal River System and Kings Bay 

Springs, Lower Withlacoochee River System, North Prong Alafia River, Pithlachascotee River 

System, South Prong Alafia River, and Upper Peace River “Middle” and “High” Minimum Flows 

due to staffing changes and time requirements for other priority minimum flow projects. Delayed 

completion of subsequent phases of the process for these water bodies is also anticipated. 

Completion of Phase 2 and Phase 3, which involves presentation of a draft MFLs report and a 

report of peer-review to the Board, will be delayed for the Manatee River System to allow time 

for additional data analyses, discussions with water-supply stakeholders and public comment. 

Completion of Phase 2 and subsequent phases of the process will be delayed for the Rainbow 

River and Springs to allow time for additional analyses, public comment and coordination with 

the St. Johns River Water Management District. This coordination supports both the 

development of MFLs for the Rainbow River System and the Silver River system within the 

St. Johns River Water Management District. 

Completion of Phase 2 and subsequent phases of the process will be delayed for the Little 

Manatee River based on the need to develop a report for the estuarine portion of the river and 

to discuss proposed MFLs with a major user of water from the river. Progress on development 

of minimum flows for the freshwater portion of the Little Manatee River continues; a draft report 

on these MFLs was presented to the Board in December 2011 and has been subjected to peerreview. 

Rule adoption, the final phase (Phase 5) in the MFLs establishment process, will be delayed for 

the Chassahowitzka River System and Springs, Gum Springs Group, Homosassa River System 

and Springs, Upper and Middle Withlacoochee River System, and lakes Hooker, Bonable, Little 

Bonable and Tiger to allow time for additional data analysis and public comment on the 

proposed minimum flows or levels. Phase 5 will be delayed for Lake Hancock pending 

completion of land acquisitions associated with the upper Peace River MFLs recovery strategy. 



Presenter: Doug Leeper, Chief Environmental Scientist, Water Resources Bureau 

9

Board Adopted 2012 Priority List 

Schedule and Timeline 

Exhibit A 

2011 

2012 

2013 

2014 

2015 

RIVERS, SPRINGS and ESTUARIES 

Phase 1 Phase 2 Phase 3* Phase 4** Phase 5*** 

Data Collection Data Analysis & Report to Board / Recovery Rule Adoption 

Internal Draft MFL Report 

Peer Review 

Strategy 

Chassahowitzka River System and Springs completed completed completed NN Jan 2012 

Gum Springs Group completed completed completed TBD Dec 2011 

Homosassa River System and Springs completed completed completed NN Jan 2012 

Lower Myakka River System completed completed completed NN completed 

Brooker Creek completed May 2012 Jul 2012 / Oct 2012 TBD Nov 2012 

Crystal River System & Kings Bay Springs completed May 2012 Jul 2012/ Oct 2012 TBD Dec 2012 

Lower Withlacoochee River System completed May 2012 Jul 2012/ Oct 2012 TBD Dec 2012 

Little Manatee River System completed April 2012 May 2012/ Aug 2012 TBD Oct 2012 

Manatee River System completed Feb 2012 Apr 2012/ Jul 2012 TBD Sep 2012 

North Prong Alafia River completed May 2012 Jul 2012 / Oct 2012 TBD Nov 2012 

Pithlachascotee River System completed May 2012 Jul 2012 / Oct 2012 TBD Nov 2012 

Rainbow River and Springs completed Mar 2012 Apr 2012/ Jul 2012 TBD Aug 2012 

Shell Creek Estuary completed completed completed Recovery Nov 2012 

South Prong Alafia River completed May 2012 Jul 2012 / Oct 2012 TBD Nov 2012 

Upper and Middle Withlacoochee River System completed completed completed NN Apr 2012 

Upper Peace River completed Jun 2012 Jul 2012 / Oct 2012 TBD Dec 2012 

"Middle" and "High" Minimum Flows 

Charlie Creek (Peace River drainage) Jan 2013 May 2013 Jul 2013 / Oct 2013 TBD Nov 2013 

Horse Creek (Peace River drainage) Jan 2013 May 2013 Jul 2013 / Oct 2013 TBD Nov 2013 

Prairie Creek (Peace River drainage) Jan 2013 May 2013 Jul 2013 / Oct 2013 TBD Nov 2013 

Shell Creek (Peace River drainage) Jan 2013 May 2013 Jul 2013 / Oct 2013 TBD Nov 2013 

Cypress Creek Jan 2014 May 2014 Jul 2014/ Oct 2014 TBD Nov 2014 

Bullfrog Creek Jan 2014 May 2014 Jul 2014/ Oct 2014 TBD Nov 2014 

Lower Peace River (reevaluation) Jan 2015 May 2015 Jul 2015/ Oct 2015 TBD Nov 2015 

* At the Board's direction, staff has added projected dates on which we: expect to have internal draft reports complete; present draft reports to the Board; 

present reports of peer review to Board; and return for rule establishment. 

** NN = not needed; TBD = to be determined; Recovery = recovery strategy needed 

*** Water bodies completed through Phase 5 will be removed from this list and added to the Minimum Flows and Levels Already Adopted list 

when the Priority List and Schedule is updated each year. 

10 

Updated May 6, 2011



Exhibit A 

2011 

2012 

2013 

2015 

Polk County Lakes 

Amoret June 2013 Aug 2013 NA TBD Dec 2013 

Aurora June 2013 Aug 2013 NA TBD Dec 2013 

Bonnet June 2013 Aug 2013 NA TBD Dec 2013 

Easy June 2013 Aug 2013 NA TBD Dec 2013 

Effie June 2013 Aug 2013 NA TBD Dec 2013 

Little Aurora June 2013 Aug 2013 NA TBD Dec 2013 

Josephine June 2013 Aug 2013 NA TBD Dec 2013 

Lowery June 2013 Aug 2013 NA TBD Dec 2013 

Trout 

June 2013 Aug 2013 NA TBD Dec 2013 

Polk County Lake 

Eva June 2015 Aug 2015 NA TBD Dec 2015 

* NN = not needed; TBD = to be determined 

LAKES 

Phase 1 Phase 2 Phase 3 Phase 4* Phase 5** 

Data Collection Data Analysis Peer Review Recovery Rule Adoption 

& Draft MFL Report Strategy 

Hillsborough County Lakes 

Carroll completed completed NA TBD completed 

Hooker completed completed 

NA TBD Feb 2012 

Wimauma completed completed NA TBD completed 

Marion County Lakes 

Bonable completed completed NA TBD Feb 2012 

Little Bonable completed 

completed NA TBD Feb 2012 

Tiger completed completed NA TBD Feb 2012 

Hillsborough County Lakes 

Hanna completed Aug 2012 NA TBD Dec 2012 

Keene completed Aug 2012 NA TBD Dec 2012 

Kell completed Aug 2012 NA TBD Dec 2012 

Raleigh completed Aug 2012 completed completed Dec 2012 

Rogers completed Aug 2012 completed completed Dec 2012 

Starvation completed Aug 2012 completed completed Dec 2012 

Hernando County Lakes 

Tooke completed Aug 2012 NA TBD Dec 2012 

Whitehurst completed Aug 2012 NA TBD Dec 2012 

Polk County Lake 

Hancock completed completed NA completed Jun 2012 

Highland County Lakes 

Damon June 2013 Aug 2013 NA TBD Dec 2013 

Pioneer June 2013 Aug 2013 NA TBD Dec 2013 

Pythias June 2013 Aug 2013 NA TBD Dec 2013 

Viola June 2013 Aug 2013 NA TBD Dec 2013 

** Water bodies completed through Phase 5 will be removed from this list and added to the Minimum Flows and Levels Already Adopted list 

when the Priority List and Schedule is updated each year. 

11 

Updated May 6, 2011



Exhibit A 

Minimum Flows and Levels Already Adopted 

� Alafia River (upper freshwater segment) 

� Alafia River Estuary (includes Lithia and Buckhorn Springs) 

� Anclote River (estuarine and freshwater segments) 

� Braden River (freshwater segment) 

� Citrus County Lakes – Ft. Cooper, Tsala Apopka – Floral City, Inverness and Hernando Pools 

� Dona Bay/Shakett Creek System 

� Dover/Plant City Water Use Caution Area Minimum Aquifer Level 

� Hernando County Lakes – Hunters, Lindsey, Mountain, Neff, Spring and Weekiwachee Prairie 

� Highland County Lakes – Angelo, Anoka, Denton, Jackson, Little Lake Jackson, June-in-Winter, 

Letta, Lotela, Placid, Tulane and Verona 

� Hillsborough County Lakes – Alice, Allen, Barbara, Bird, Brant, Calm, Charles, Church, Crenshaw, 

Crescent, Crystal, Cypress, Dan, Deer, Dosson, Echo, Ellen, Fairy [Maurine], Garden, Halfmoon, 

Harvey, Helen, Hobbs, Horse, Jackson, Juanita, Little Moon, Merrywater, Mound, Platt, Pretty, 

Rainbow, Reinheimer, Round, Saddleback, Sapphire, Stemper, Strawberry, Sunset, Sunshine, 

Taylor and Virginia. 

� Hillsborough River (lower segment) 

� Hillsborough River – upper segment (including Crystal Springs) 

� Levy County Lake – Marion 

� Peace River (middle segment) 

� Peace River (three upper segments – "low" minimum flows) 

� Lower Peace River 

� Northern Tampa Bay – 41 Wetland sites 

� Northern Tampa Bay – 7 Wells – Floridan Aquifer/Saltwater Intrusion 

� Pasco County Lakes – Bell, Big Fish, Bird, Buddy, Camp, Clear, Green, Hancock, Iola, 

Jessamine, King, King [East], Linda, Middle, Moon, Padgett, Parker aka Ann, Pasadena, Pasco, 

Pierce, and Unnamed #22 aka Loyce 

� Polk County Lakes – Annie, Bonnie, Clinch, Crooked, Crystal, Dinner, Eagle, Lee, Mabel, McLeod, 

North Lake Wales, Parker, Starr, Venus and Wales 

� Myakka River (upper freshwater segment) 

� Sulphur Springs (Hillsborough County) 

� Sumter County Lakes – Big Gant, Black, Deaton, Miona, Okahumpka and Panasoffkee 

� SWUCA – Floridan Aquifer 

� Tampa Bypass Canal 

� Weekiwachee River System and Springs (includes Weeki Wachee, Jenkins Creek, Salt, Little 

Weeki Wachee and Mud River springs) 

12 

Updated May 6, 2011


July 31, 2012 


Item 44 

Watershed Management Program and Federal Emergency Management Agency Map 

Modernization Status Report 

District staff continues to work on various steps of the District’s Watershed Management 

Program and Federal Emergency Management Agency Map Modernization. Attached is the 

current schedule that identifies the status of each watershed for the topographic information, 

watershed evaluation, watershed management plan, and Flood Insurance Rate Maps (FIRMs). 




13

Topographic 

Information 

Watershed 

Model Public Meetings 

Present to 

Board 

Submit 

Preliminary 

DFIRMs to 

FEMA 

Year 

2009 

County 

Hernando 


�� 

�� 

�� 

�� 

�� 

�� 

�� 

�� 

�� 

�� 

�� 

�� 

�� 

�� 

�� 

�� 

�� 

Pasco 

Sarasota 

Exhibit – Watershed Management Program and FEMA Map Modernization Schedule 

July 2012 

�� 

�� 

�� 

�� 

�� 

�� 

�� 

�� 

�� 

�� 

�� 

14

Topographic 

Information 


Model Public Meetings 

Present to 

Board 

Submit 

Preliminary 

DFIRMs to 

FEMA 

Year 

2010 

County 

Polk 


�� 

�� 

�� 

�� 

DeSoto 

Hardee 

Highlands 

Citrus 

Manatee 

Exhibit – Watershed Management Program and FEMA Map Modernization Schedule 

July 2012 

�� 

�� 

�� 

�� 

�� 

�� 

�� 

�� 

�� 

�� 

�� 

�� 

�� 

�� 

�� 

�� 

15


July 31, 2012 


Item 45 

Significant Water Supply and Resource Development Projects 

This report provides information on significant Resource Management projects and programs in 

which the Governing Board is participating in funding. The report provides a brief description 

and status of significant activities associated with the project that have recently occurred or are 

about to happen. For greater detail, refer to the Project Information Management System 

(PIMS) write-ups or request information directly from the project manager identified with the 

project. 

Lake Hancock Lake Level Modification Project 

This project is being implemented as part of the adopted Southern Water Use Caution Area 

(SWUCA) Recovery Plan for restoring minimum flows in the upper Peace River. The project 

began in 2002 with preliminary feasibility and development of a scope of work to raise the water 

level in the lake. The District received the conceptual environmental resource permit (CERP) for 

the project from the Florida Department of Environmental Protection (DEP) in June 2007 with an 

operating level of up to 100 feet (currently the District operates the P-11 structure at an 

elevation of 98.7 feet). In response, the Governing Board in September 2007 authorized the 

project to go forward with final design, permitting, and construction; adopted the Resolution 

Authorizing Proceedings in Eminent Domain, including a Declaration of Taking; amended the 

2007 Update to the Florida Forever Work Plan to include all lands identified as necessary for the 

project, designating $41 million in Florida Forever Trust Funds; and encumbered $79 million in 

General Fund Water Supply and Resource Development Reserves for the project. Seventy-four 

parcels were identified as necessary to acquire in fee (40 parcels) or a lesser interest 

(34 easement parcels). The Governing Board instructed staff to exhaust all negotiations prior to 

filing eminent domain proceedings. All property owners have been contacted and offers made. 

On June 12, 2009, DEP approved the District’s request to extend the CERP commence 

construction deadline to June 14, 2011. In September 2010, the District received eight bids for 

construction of the new P-11 structure. The District rejected all bids based upon ambiguities in 

the bid documents and issued a new request for bid on April 15, 2011. The District awarded the 

bid on October 18, 2011, and provided the notice to proceed for the construction of the P-11 

water control structure to CenState Contractors, Inc. The ERP for the SR540/Jacque Lee Lane 

mitigation project was approved and issued by the District’s Bartow Service Office on December 

22, 2011. The City of Lakeland awarded the contract for the Oak Hill Burial Park mitigation 

project to QGS Development, Inc., and construction commenced on March 13, 2012. The U.S. 

Army Corp of Engineers (USACOE) issued the permit for the mitigation project on Coscia and 

Old Florida Plantation properties on March 6, 2012. New Activities Since Last Meeting: The 

District’s construction contractor, CenState, has completed several concrete pours on the P-11 

water control structure, which consists of the floor, walls, and bridge deck. The next concrete 

pours will include the operation platform. Construction is on schedule. Acquisition Status: Of 

the 74 parcels necessary for the project, the titles, subject to the determination of value, to 

73 parcels (8,337 acres) have been acquired. The litigation for the remaining parcels involves 

three owners (36 acres) and are partial takes of easements. District staff has made offers on all 

acquisitions necessary for the project. The District's special counsel has initiated legal 

proceedings related to remaining acquisitions. District staff and the special counsel continue to 

evaluate opportunities for settlement that would avoid continued litigation. As of October 25, 

2011, Resolution 08-27 for the project was supplemented by Resolution 11-20 to modify the 

easement language. On March 27, 2012, the Governing Board, with the concurrence of DEP, 

approved settling with the Rogers. An Order of Taking Hearing for the Hancock Lake Ranch 

property (Lewis King) was held May 8, 2012, and mediation is projected for late August 2012. 

Mediation for the Coscia property occurred on June 21 and resulted in a settlement that was 

presented for Governing Board consideration on June 26, 2012. The District has maintained the 

Old Florida Plantation Development of Regional Impact (DRI) and made changes to the 

16

Item 45 

Development Order, as necessary, through the City of Bartow, Central Florida Regional 

Planning Council, and the Department of Community Affairs. The changes to the DRI allow the 

proposed development to accommodate the District’s Lake Hancock minimum flows and levels 

(MFLs) and other proposed land use projects. Those portions of the DRI not needed for District 

projects will be considered surplus. Before proceeding with the disposition of property, the 

District will prepare a DEP application for their approval. Old Florida Plantation surplus activities 

to date have involved the conveyance of approximately 12 acres necessary for right-of-way to 

construct the Bartow Northern Connector Road. Project Managers: Scott Letasi/Michael Peck/ 

Steve Blaschka 

Lake Hancock Outfall Treatment Project 

The intent of the Lake Hancock Outfall Treatment project is to improve water quality discharging 

from Lake Hancock to the Peace River and Charlotte Harbor. At their February 2006 meeting, 

the Governing Board approved the staff recommendation to adopt a 27 percent nitrogen load 

reduction goal and to utilize wetlands as the primary treatment component. The selection of 

wetlands as the treatment option was based on a comprehensive consultant investigation into 

alternative treatment technologies. In 2011, the Environmental Protection Agency (EPA) 

rescinded all special appropriations allocated in EPA’s fiscal year (FY) 2008 and earlier. A grant 

agreement for FY2009 funds totaling $485,000 was executed in March 2012. While the grant 

agreement was being finalized, the EPA discovered that a total of $288,700 in addition to the 

$485,000 was available in grant funding due to an error in the rescission total. District staff 

revised the grant application to apply for a total of $773,700. EPA is currently processing the 

District’s application for these funds. EPA funds will offset District Save Our Rivers (Water 

Management Lands Trust Fund) funding. Project construction commenced on September 26, 

2011. New Activities Since Last Meeting: Construction activities continue. Earthwork to level 

the interior of the wetland cells is over 50 percent complete. Dredging of the inlet channel to the 

pump station commenced. Work continues on the pump station structure, discharge structure, 

aeration structure and discharge channel. Project Manager: Janie Hagberg 

Watershed Management Program/Federal Emergency Management Agency Map Modernization 

The District initiated a partnership with the Federal Emergency Management Agency (FEMA) to 

modernize Flood Insurance Rate Maps (FIRMs) as part of its Watershed Management Program 

(WMP). Flood protection and floodplain information has been a priority at the District since the 

inception of the organization, and that priority was renewed following the El Niño weather event 

in 1997-1998. In addition to studies conducted by the District and others, information on 

floodplains (elevations) is available through the FEMA FIRMs. However, many of the existing 

maps do not accurately represent the flood-prone areas, either because the initial studies were 

technically limited or the maps are outdated due to significant land use changes. Accurate 

floodplain information is vital to local government planning and zoning, and to the District’s 

regulatory program and the land owners. To improve the floodplain information, develop 

regional scale flood routing models for alternative analysis, and improve local governments’ 

understanding of their flood protection level of service, the District reached out to local 

governments and initiated the WMP in the late 1990s. Additionally, the District and FEMA 

executed a Cooperating Technical Partners (CTP) Memorandum of Agreement on September 

14, 2001, to formalize the relationship and to improve the existing FIRMs to better identify risks 

of flooding within the District. As a CTP, the District is eligible for federal funds to act as FEMA's 

partner in modernization of the FIRMs. Federal funds have allowed the District and local 

governments to accomplish significantly more than would have otherwise been possible. To 

date, the District has received $12.1 million in federal funds from FEMA for countywide map 

modernization projects for Pasco, Sarasota, Hernando, Marion, Polk, Hardee, DeSoto, Citrus, 

Sumter, Levy, and Highlands counties. The Map Modernization Program also includes federal 

funding for management support. FEMA began FIRM updates for Hillsborough and Marion 

counties before the District became a CTP. FEMA issued its letter of determination finalizing the 

FIRMs for Hillsborough and Marion counties, and the FIRMs became effective on August 28, 

2008. Typically, the map modernization process includes the following steps: The community 

and District assess the mapping needs, the project is scoped, topographic data is acquired and 

watershed modeling is completed. The District and an independent peer reviewer analyze the 

data, which is then provided to the public for their verification. Updates are made incorporating 

17

Item 45 

the input from the public and peer reviewer, and the information is presented to the Governing 

Board for approval. After the approval, data is forwarded to FEMA and mapping is initiated. New 

Activities Since Last Meeting: Hernando County: The FEMA FIRMs became effective on 

February 2, 2012. Pasco County: The countywide preliminary maps and Flood Insurance Study 

reports have been submitted to FEMA for post-preliminary processing. Sarasota County: 

Roberts Bay and North Port/Big Slough watersheds were presented to the Governing Board in 

May 2012. Polk County: Work continues in the county; Polk City, Peace Creek and Upper 

Peace River�� are currently being reviewed and refined. Hardee County: 

The preliminary DFIRM and community coordination (PDCC) meeting and open house were 

held March 20, 2012; and the 90-day appeal period began on June 28, 2012. DeSoto County: 

Preliminary maps were delivered to DeSoto County February 29, 2012. PDCC and public open 

house was held May 3, 2012. Sumter County: The preliminary FIRM date was January 21, 

2012. FEMA is now lead party in the project. PDCC and public open house meetings were held 

March 21, 2012. The preliminary FIRM notice was published in the Federal Register on May 18, 

2012. The 90-day appeal period began on June 29 and will end on September 27, 2012. Citrus 

County: Watershed models are being developed for Cardinal Lane, East Citrus/Withlacoochee 

and Homosassa River by consultants. Tsala Apopka watershed was presented to the Governing 

Board for approval in December 2011 and was provided to the FIRM mapping contractor in May 

2012. Cardinal Lane watershed is scheduled to be presented to the Governing Board for 

approval in August 2012 and will be provided to the mapping contractor shortly thereafter. Levy 

County: Maps are scheduled to become effective November 2, 2012. Letters of final 

determination were issued May 2, 2012. Marion County: Modernized FIRMs were adopted in 

August 2008. Watershed models are being developed for the Lake Stafford East, Priest Prairie 

Drain, West Ocala and West Marion watersheds. Manatee County: Buffalo Canal/Frog Creek 

has been approved by the Governing Board and provided to the FIRM mapping consultant. 

Gamble Creek watershed was approved by the Governing Board in June 2012. Braden River 

watershed model revisions are ongoing. FEMA will manage the production of the FIRMs and the 

map adoption process. Highlands County: The PDCC meeting and open house were held on 

March 22, 2012, and the 90-day appeal period will begin in the upcoming months. Project 

Manager: Ken Herd 

Myakka River Watershed Initiative and Flatford Swamp Hydrologic Restoration 

The Myakka River Watershed Initiative (MRWI) is a comprehensive project that will illustrate the 

effects of land use conversions and alterations and evaluate best management practices for 

environmental restoration alternatives. A primary focus of the initiative is the Flatford Swamp 

area. The overall objective of this initiative is to restore historic water quantity regimes, improve 

water quality, natural system, and reduce floodplain impacts in the watershed in ways that can 

also provide a benefit to water supplies in the SWUCA. In February 2006, the Governing Board 

allocated $500,000 to hire a consultant team to perform elements of the WMP and for the 

collection of topographic information in eastern Manatee County using light detection and 

ranging (LiDAR) mapping technologies. Several outreach meetings were held to solicit 

stakeholder input and gather data. A water budget model comparing existing and historic 

conditions within Flatford Swamp was developed to determine the amount of excess water that 

could be captured for a beneficial use. This information was provided to the Peace River 

Manasota Regional Water Supply Authority (Authority) for use in its latest water supply master 

plan. Several preliminary scenarios for removal of excess water from the swamp have been 

evaluated and, as a result, a Memorandum of Understanding that outlines the development of a 

scope of work for a feasibility study to determine Mosaic’s potential uses for excess water from 

Flatford Swamp received Governing Board approval in November 2010. A subsequent revenue 

agreement with Mosaic has been executed. The District will act as the lead party in the 

feasibility study, and a consultant services contract with Ardaman & Associates for the study 

was executed on September 20, 2011. New Activities Since Last Meeting: The consultant 

(Ardaman) is working on refining pumping and transmission requirements to Wingate mine 

considering the results of the water quality and water storage evaluation. The ICPR4 hydraulic 

event modeling for the verification storm on the main stem of the Myakka River has started. 

Project Managers: Lisann Morris/Mary Szafraniec 

18

Item 45 

Tampa Bay Water 

� Surface Water Expansion Project: This is a four-year feasibility study to determine the 

availability of surface water withdrawals from surface water supply sources (including the 

Alafia River and Bullfrog Creek), evaluate expanding Tampa Bay Water’s (TBW) reservoir, 

and perform cost analyses. Ongoing activities include surface water modeling, analyses and 

cost estimating. Due to TBW’s decision to expand their reservoir, the modeling runs and 

assessments have been reduced to include Bullfrog Creek and alternative treatment locations 

only. This will allow TBW to evaluate the possibility of withdrawing additional surface water 

from Bullfrog Creek as part of their long-term planning efforts. District staff met with TBW on 

February 13, 2012, to finalize the project modeling configurations; and met with the TBW 

project manager on June 21, 2012, to discuss recent activities and time schedules. New 

Activities Since Last Meeting: The consultant is currently performing hydraulic modeling and 

system analyses. The analyses will include evaluating potential effects that the new supply 

project configurations would have on the operations, hydraulics and water quality of TBW’s 

existing system. The analysis has been delayed due to TBW’s decision to not expand the 

C.W. Bill Young Reservoir. The analysis will be updated using two scenarios: (1) an 

assessment with the assumption of the existing reservoir, and (2) an assessment with an 

assumption of a second reservoir (future scenario). The project is ahead of schedule and is 

anticipated to be completed by the end of 2012. The next status meeting will be held in August 

2012. Project Manager: Mike Hancock 

Peace River Manasota Regional Water Supply Authority 

� Regional Integrated Loop System Project: The Integrated Loop System Feasibility and 

Routing Study recommended four main phases to interconnect the water supply and 

distribution systems of Authority members and non-member customers. Phases 1 and 1A 

connect the Peace River Water Treatment Plant (WTP) to the City of Punta Gorda’s Shell 

Creek WTP. Phase 1 would extend the Authority’s existing transmission line in DeSoto 

County along US 17 southward. Design was completed in 2007, but the project has been 

indefinitely postponed due to the lack of cooperator funding and because similar benefits will 

be achieved by Phase 1A. Phase 1A will provide additional service to developed portions of 

Charlotte County near I-75. The project includes approximately 12 miles of pipeline with a 

bilateral capacity of 6 mgd and a subaqueous crossing of the Peace River. A cooperative 

funding agreement between the District and Authority for Phase 1A was executed in 

September 2008. Design was completed in October 2009. A construction contract was 

awarded in August 2010, and construction commenced in March 2011. Total cost is estimated 

at $19,015,000 and the District is providing up to $12,029,270, which includes $5,000,000 in 

West-Central Florida Water Restoration Action Plan funding and $43,541 in Water Protection 

and Sustainability Trust Funds (WPSTF). The funding agreement expires on September 30, 

2012; however, a time extension amendment is pending. The Phase 2 interconnect is a 

7-mile, 42-inch diameter pipeline that will deliver the City of North Port’s allocated share of 

supply from the Authority. The pipeline will run from the Peace River WTP to a meter station in 

the City of North Port near Serris Boulevard. A 24-inch, 0.3 mile branch also improves 

operational flexibility for Charlotte County. Future sub-phases may extend to the City of North 

Port’s WTP, then branch westward to the Englewood Water District and northward to establish 

a rotational link with the Carlton WTP. The City and the Authority executed an Interlocal 

Agreement to develop Phase 2 in June 2009. The cooperative funding agreement for Phase 2 

was executed in May 2010. The construction contract was awarded in May 2011. The total 

project cost provided in the funding agreement is $15,400,000. The District’s share of eligible 

costs is $7,783,015 and includes $166,031 in WPSTF. The funding agreement expires on 

June 30, 2013. Phases 3 and 4 will eventually interconnect the Carlton WTP to water supply 

systems in Manatee County. Preliminary engineering for Phase 3 was completed in 

March 2008. The first portion of this pipeline, Phase 3A, extends the Authority’s existing 

regional transmission line that currently terminates at the Carlton WTP. Phase 3A provides an 

additional water delivery point to Sarasota County and creates a potential intertie to the City of 

Venice. This project includes 8.5 miles of 48-inch diameter pipeline with a design capacity of 

37 mgd and includes a subaqueous crossing of the Myakka River. The cooperative funding 

agreement for Phase 3A was executed in November 2008. Construction commenced in 

February 2010 and was substantially completed in November 2011. The total project cost is 

19

Item 45 

estimated to be $31,879,240. The District’s share of eligible costs is $13,825,135 and includes 

$166,031 in WPSTF. The funding agreement expires on September 30, 2012. The future 

expansion of Phase 3B northward will join long-term components of Phase 4 in Manatee 

County and will connect to the surface water treatment facility on Lake Manatee and a WTP 

on University Parkway. New Activities Since Last Meeting: The Phase 1A marine wettrench 

construction continues and is approaching the southern bank of the Peace River. Final 

completion of construction is expected in March 2013, based on the current pace of 

construction. In April 2012, the Authority requested to amend the Phase 1A funding 

agreement expiration from September 30, 2012, to September 30, 2013. Staff is preparing the 

amendment. The Phase 2 pipeline construction is approximately two months behind its initial 

scheduled, but final completion is expected before the funding agreement expiration. The 

Phase 3A interconnect is substantially complete and has been in operation since July 2011, 

but final close-out activities have not been completed to the Authority’s satisfaction and 

retainer payments to the consultant are still pending. Project Manager: John Ferguson 

� Aquifer Storage and Recovery – Arsenic Research 

This project is investigating methods for controlling the mobilization of arsenic occurring during 

aquifer storage and recovery (ASR) activities. Beginning in 2008, the District initiated a pilot 

project with the City of Bradenton for the design, permitting, and construction of a 

degasification system to remove dissolved oxygen (DO) from water for potable supply prior to 

injection and storage in the aquifer. The project is co-funded by the Southwest Florida, South 

Florida, and St. Johns River water management districts, and the Peace River Manasota 

Regional Water Supply Authority and City of Bradenton. The pilot project is being performed 

at the City of Bradenton's ASR site and is capable of processing water at 700 gallons per 

minute with 99.96 percent removal of DO. Construction of the degasification system was 

completed in June 2008 at a cost of $700,000. Preliminary operation cost is estimated at 

approximately 10 cents per thousand gallons. The first attempt at running a full-cycle test with 

deoxygenated water began on December 2, 2008. The system, however, was shut down on 

December 17, 2008, due to equipment failure. Repairs to the degasification system were 

made in January 2009 and the test was restarted in August 2009. The recharge portion of the 

test was completed in May 2010 with an optimal storage volume of 160 million gallons (mg) of 

treated water having been injected, exceeding the minimum goal of 140 mg. Recovery of the 

stored water started on September 7, 2010. The 160 mg cycle test with pre-treated water was 

successfully completed on February 23, 2011, and all the recovered water was well within the 

arsenic drinking water standard of 10 ug/l. The results showed that the pre-treatment process 

of removing dissolved oxygen does control arsenic mobilization. The system is now being 

operated by City staff as climatic conditions dictated and is no longer constrained to strict 

cycle testing schedules required under the DEP UIC permit. New Activities Since Last 

Meeting: In July, the City completed the second season of successfully supplying arsenic-free 

water from their ASR system. The City initiated recharge on July 14, 2012, for the third year of 

ASR operation with low DO water. The City plans to inject up to 230 mg this next cycle. The 

City is preparing a final report documenting the pre-treatment system performance during the 

last and current cycle tests. DEP has notified the City that they would like to see up to one 

more cycle of operation before they will issue an operation permit. Under the current cycle 

testing plan, the next cycle test will be completed between August and October 2013. Based 

on this projected schedule, the operation permit would be issued in January 2014. The District 

is working with the City to develop a scope of work to research and implement methods to 

improve the performance of the de-oxygenation system. The scope of work was ready in June 

2012 and the contract will be finalized by September 2012. Project Manager: Don Ellison 

Lower Hillsborough River MFL Recovery Strategy – Implementation 

At the August 2007 meeting, the Governing Board established the minimum flow for the lower 

Hillsborough River (LHR). As required by statute, if the actual flow of a water course is below 

the proposed minimum flow or is projected to fall below the proposed minimum flow over the 

next 20 years, a "recovery strategy" must be developed as part of the minimum flow 

development process. In the case of the LHR, a recovery strategy was needed. The proposed 

recovery strategy was approved by the Governing Board at the August 2007 meeting. The 

recovery strategy includes a number of projects to divert water from various sources to help 

meet the minimum flow. Projects that are planned under the recovery strategy include 

20

Item 45 

diversions of water from Sulphur Springs, Blue Sink, the TBC, and Morris Bridge Sink. Pursuant 

to the recovery strategy, 75 percent of the 11 cubic feet per second (cfs) (8.2 cfs or 5.3 mgd) 

transferred to the reservoir from the TBC is being pumped to the base of the dam. This amount 

of fresh water, in combination with 10 cfs supplied from Sulphur Springs to the base of the dam 

by the City of Tampa (COT), indicates an actual minimum flow of 18.2 cfs (11.8 mgd) or 

70-to-80 percent of the adopted minimum flow is now being supplied to the LHR, depending on 

season. A COT request for a variance to deadlines for completion of recovery strategy projects 

was approved at the June 2011 Governing Board meeting. The deadlines for project completion 

were extended as follows: Lower Weir – December 1, 2011; Upper Weir and Pump House – 

October 1, 2012; Blue Sink Project – December 31, 2013. The District received notification from 

the COT on November 7, 2011, that the Sulphur Springs Run Lower Weir project is complete. 

New Activities Since Last Meeting: Staff is evaluating scenarios based on the outcome of the 

Water Use Permit technical analysis on the Morris Bridge Sink permanent pumping facility. The 

COT and the District have diverted water from Sulphur Springs and the TBC to the base of the 

dam to meet minimum flows since mid-December 2011. The pumping facilities on the Upper 

Weir at Sulphur Springs have been completed and are operating. The District has evaluated 

and ranked as high a cooperative funding request submitted by the COT to cost share pumps 

on the Harney Canal and the Hillsborough River reservoir to provide water from the TBC to the 

lower river to meet minimum flows. Project Managers: Sid Flannery/David Crane 

TECO’s Polk Power Station Reclaimed Water Interconnects to Lakeland/Polk County/ 

Mulberry 

� Reuse Project: This project, consisting of transmission pipelines and a deep injection well, 

will provide reclaimed water from several domestic wastewater treatment facilities to Tampa 

Electric Company’s (TECO) power facility in southwest Polk County. TECO will be expanding 

the power generation capacity at its Polk Power Station with the addition of Unit 6. Phase I of 

the project was anticipated to provide 6 mgd of reclaimed water from the City of Lakeland for 

the first TECO expansion. TECO entered into a Reclaimed Water Supply Agreement with Polk 

County after it was approved by the Board of County Commissioners on October 25, 2011. 

Once the Reclaimed Water Supply Agreement between TECO and Mulberry is finalized, 

District staff with prepare an amendment to the cooperative funding agreement to incorporate 

both the Mulberry and Polk County portions of the project. With the additional quantities that 

will be provided by Polk County and the City of Mulberry, approximately 7 mgd will now be 

available. Phase I of the project was expected to utilize reclaimed water by 2013. Due to the 

economic downturn and reduced demands, TECO has delayed the addition of Unit 6. 

However, TECO intends to replace, to the greatest extent possible, existing groundwater uses 

with reclaimed water before the expansion is complete, as required by the cooperative funding 

agreement. While the reclaimed water infrastructure and deep injection well are still expected 

to be complete by 2013, the project will not use the full 7 mgd until Unit 6 is operational. In 

order to utilize the reclaimed water, additional treatment is necessary, consisting of filtering 

and possible reverse osmosis to reduce dissolved solids to an acceptable level. The reverse 

osmosis reject water (concentrate by-product) will be mixed with other facility discharge water 

and pumped to one of two proposed deep injection wells for final disposal. While the wells are 

being drilled as part of this project, only one will be eligible for cooperative funding. Phase I is 

estimated to cost $72,686,800 which includes the portion of the project that will provide TECO 

with reclaimed water from the City of Mulberry. Plans for Phase II, originally estimated to be 

underway by 2012, have also been delayed. Initial estimates indicate that 6 mgd of reclaimed 

water will be needed for TECO's second phase of expansion, although the source has not 

been identified. New Activities Since Last Meeting: While not included in the scope of work 

for the cooperative funding agreement, construction at the second injection well site 

continues. The electrical design portion of the general construction package for the treatment 

system continues and will be completed prior to award of the contract. The bid package for the 

pump station is under review by TECO. There has been an issue obtaining access to a 

property along the planned pipeline route. An alternate route, as well as property 

condemnation, is being pursued concurrently in order to complete the pipeline design. The 

property in question has been parceled out so that design and permitting can proceed. 

Development of the ERP application continues. The responses to the Request for Proposal 

(RFP) for pipeline construction were due May 3, 2012. Ten proposals were received, 

21

Item 45 

narrowed down to three for further evaluation. It is anticipated that contractor selection and 

agreement execution will be completed by the end of July 2012. Equipment procurement for 

the treatment system and pump station continues with TECO releasing several RFP 

packages. Several purchase orders have now been issued as well. Project Manager: 

Alison Ramoy 

� Aquifer Recharge Projects: In 2009, the District funded a study (H076) as part of the 

Regional Reclaimed Water Partnership Initiative to assess the feasibility of using highly 

treated reclaimed water to recharge the Upper Floridan aquifer (UFA) in the southern 

Hillsborough and Polk County areas. Findings from the study indicate that it is possible to 

develop direct and indirect aquifer recharge projects to improve UFA water levels and provide 

opportunities for additional groundwater withdrawals. The costs associated with developing 

these projects were found to be comparable to costs of other planned alternative water supply 

projects. Since completing the study, several local governments have expressed interest in 

assessing the applicability of aquifer recharge in their areas. District staff is working with these 

entities to develop and implement project plans to assess the site specific feasibilities of 

implementing aquifer recharge projects to address their individual needs. Prior to initiating 

work, District staff also reviews project tasks to avoid as much duplicative efforts as possible 

between cooperators. The District project managers are visiting active recharge projects to 

identify positive results or issues requiring further investigation. 

� Currently-Funded Aquifer Recharge Projects – FY2010/2011/2012 Cooperative Funding 

City of Clearwater - Groundwater Replenishment Project 

This is an indirect potable reuse desktop feasibility study and pilot testing project to evaluate 

the viability of using 3 mgd of highly treated reclaimed water to increase water levels within 

the northeast portion of the City and provide possible future water supplies at their existing 

wellfield. The feasibility study was completed in May 2011 at a cost of $450,000 ($225,000 

from the City; $225,000 from the District). The results showed that water level improvements 

from direct recharge into the brackish zone of the UFA can potentially provide additional 

water supplies to the City and that water treatment requirements could be met with current 

available technologies. The study also showed that preliminary cost estimates for the fullscale 

facility would be $4.07 per thousand gallons. Therefore, the City is moving forward 

with pilot testing to confirm the findings. The pilot testing program includes permitting, 

installing a recharge well and associated monitor wells, evaluating aquifer characteristics, 

testing water treatment and recharge, and conducting public outreach. The project began on 

November 14, 2011, and will be completed by February 28, 2014, at a total cost of 

approximately $3.07 million ($1,536,250 each). The City’s consultant submitted the well 

construction permit application to DEP on February 7, 2012. A project status meeting was 

held June 1, 2012, to go over the District’s comments and questions regarding reports 

addressing the UIC well construction, the pilot purification treatment system, and the 

geochemical core analysis. New Activities Since Last Meeting: The consultant originally 

submitted their responses to DEP’s request for additional information (RAI) on the UIC 

permit application in mid-February 2012. DEP’s RAI addressed relatively minor issues such 

as well design and water quality analysis. The permit will allow the City to install a test 

recharge well and monitor wells, and perform pilot treatment testing. As of June 21, 2012, 

DEP has not completed their UIC permitting process. As a result of the delays in the UIC 

permitting process, the District has authorized an adjustment in the due date for permitting 

completion to August 31, 2012, and for construction initiation to December 31, 2012. The 

consultant responsible for design and construction of the pilot purification system has 

submitted the 100 percent design documents for the pilot system in accordance with the 

project schedule. The scope of work for the geochemical core analysis plan is still under 

review. The District has authorized a project budget refinement of the current contract to 

comport with the City of Clearwater’s individual contracts with their consultants. The next 

status meeting is scheduled for August 3, 2012. Project Manager: Robert Peterson 

City of Winter Haven - Reclaimed Water for Recharge Feasibility Study 

This is a desktop feasibility study to evaluate using 4 mgd of highly treated excess reclaimed 

water for indirect aquifer recharge to benefit water levels in the area. The consultant 

submitted the first technical memorandum that summarized the results of the background 

screening of potential recharge locations on January 9, 2012. The City selected properties 

for further evaluation on February 1, 2012, and initiated development of a sub-regional 

22

Item 45 

groundwater flow model to perform the analysis using the Districtwide Regulation Model. 

New Activities Since Last Meeting: The second deliverable of the contract, Task 2 

technical memorandum – Groundwater Modeling of Indirect Aquifer Recharge Concepts has 

been delivered on time. A project status meeting was held June 27, and July 25, 2012. The 

next status meeting is scheduled for August 2012. Project Manager: Robert Peterson 

Pasco County - Reclaimed Water Natural Systems Treatment and Restoration Project 

A desktop feasibility study to assess using 10 mgd of highly treated reclaimed water to 

indirectly recharge the UFA via constructed wetlands and/or rapid infiltration basins (RIB) in 

the Crews Lake and central Pasco areas was completed in January 2011. The study 

showed that indirect aquifer recharge is a viable option for Pasco County. A Phase II 

feasibility study and report was completed in February 2012 and includes a screening 

analysis for potential RIB locations, as well as cost analyses refinements for potential future 

phases. Phase III will include field testing and modeling once a potential property has been 

identified. The Phase III scope of work is now complete and the agreement is being routed. 

A follow-up meeting was held March 19, 2012, to develop a plan to contact land owners 

identified in the Phase II report to determine which lands are available for field testing and 

potential purchase for a RIB. A meeting was held with one property owner on May 17, 2012. 

Other property owners are being contacted and initial meetings with interested owners are 

being scheduled. New Activities Since Last Meeting: The cooperative funding agreement 

is being routed in the District’s system; therefore, it is anticipated that work will begin on 

Phase III by the beginning of August 2012. Project Manager: Mike Hancock 

Polk County - Groundwater Recharge Investigation 

This is an indirect aquifer recharge desktop feasibility study and pilot testing project to 

evaluate improvements to UFA water levels from applying varying quantities of reclaimed 

water flows into existing RIB systems in the County's Northeast Regional Utilities Service 

Area. Sites being evaluated include the Northeast Regional Wastewater Treatment Facility 

and Polo Davenport. Tasks include performing a site characterization, installing monitoring 

wells, performing aquifer and RIB characterization activities, and conducting recharge 

testing for one year. The County’s consultant completed the preliminary site assessment 

report and detailed testing plan on December 15, 2011. It was determined that the Northeast 

Regional Wastewater Treatment Facility would be the primary focus for the study; and the 

plan includes specifics on the well installations, soil borings, and aquifer and RIB testing. 

Water level monitoring and soil characterization will also be performed at Polo Davenport. 

New Activities Since Last Meeting: District staff attended a status meeting on July 23, 

2012. The consultants have completed installation of monitoring wells, collection of soil 

borings, evaluation of surface geophysics, performance of soil infiltration tests, aquifer 

testing, and the 30-day load test of the RIB system. A draft report summarizing the testing 

activities was submitted to the District on July 16, 2012. The next status meeting is 

scheduled for August 2, 2012. Project Manager: Ron Basso 

South Hillsborough County Aquifer Recharge Program (SHARP) 

This is a direct aquifer recharge pilot project to evaluate directly recharging the non-potable 

zone of the UFA with up to 2 mgd of highly treated reclaimed water at the County’s Big Bend 

facility near Apollo Beach in southern Hillsborough County. The goal of the project is to 

improve water levels within the Most Impacted Area of the SWUCA and possible slow the 

rate of inland movement of saltwater intrusion in the area. The pilot testing program includes 

permitting, installing a recharge well and associated monitor wells, assessing aquifer 

characteristics, performing recharge testing, evaluating water level improvements, migration 

of the recharge water and metals mobilization, and conducting public outreach. The 

County’s consultant submitted the well construction permit application for authorization to 

install the test recharge well and monitoring wells on December 20, 2011. New Activities 

Since Last Meeting: The project team is continuing with the design of the system and 

preparation of construction bid documents. A status meeting was held in July 2012 to further 

discuss obtaining additional groundwater supply based on the Net Benefit provision of the 

water use permitting rules. Project Manager: Mark Barcelo 

23

Item 45 

Dover/Plant City Water Use Caution Area Flow Meter and Automatic Meter Reading 

Equipment Implementation Program 

At the June 2011 meeting, the Governing Board reviewed the Dover/Plant City Water Use 

Caution Area (DPCWUCA) Flow Meter and Automatic Meter Reading (AMR) Equipment 

Implementation Program (program) and authorized staff to encumber $1,394,980 from FY2011 

into FY2012 to implement the program. The program administration will be guided by a District 

procedure that is divided into two distinctive steps: (1) installation of flow meters, and 

(2) installation of AMR equipment. The program is being implemented as a result of several 

groundwater drawdown events related to frost/freeze protection of agricultural commodities in 

the Dover/Plant City area. In January 2010, this area experienced a record number of well 

failures (760) related to groundwater drawdown associated with irrigation used for crop 

frost/freeze protection. The magnitude of the 2010 frost/freeze event brought into focus the 

need to further enhance the collection of hydrogeological data, including water use information, 

to better understand and manage the relationship between pumping and groundwater 

drawdown. As part of the District’s response to these events, a series of Stakeholder and 

Technical Work Group meetings were held to develop management strategies. Potential 

management strategies were also discussed by the Governing Board at several Board meetings 

in spring 2010. At their June 2010 meeting, the Governing Board directed staff to proceed with 

the establishment of the DPCWUCA and a recovery strategy that included the expansion of 

data collection activities through the installation of flow meters and AMR equipment. The 

Governing Board also authorized the use of $50,000 in contingency funds to begin AMR 

implementation. At their December 2010 meeting, the Governing Board adopted a minimum 

aquifer level in the DPCWUCA (Rule 40D-8.626, Florida Administrative Code (F.A.C.)), as well 

as a recovery strategy (Rule 40D-80.075, F.A.C.) that incorporated flow meters and AMR 

installations to reduce resource impacts from future frost/freeze pumping events. The rules went 

into effect on June 16, 2011. Meter information in the Dover/Plant City area will be used by the 

District to: (1) improve the allocation of well mitigation responsibilities among permit holders, 

(2) allow District staff to better identify permit compliance issues resulting from pumping during 

frost/freeze events, (3) improve the modeling of impacts resulting from pumping during 

frost/freeze events, (4) allow the monitoring of performance and track the progress of 

management actions implemented, and (5) provide for the overall assessment of the recovery 

strategy goal of reducing frost/freeze protection quantities by 20 percent in ten years. It is 

estimated that 626 flow meters and 961 AMR devices will need to be installed within the 

256-square mile DPCWUCA. Total costs of the program are estimated to be $5.5 million for flow 

meter and AMR equipment installation with approximately $300,000 required annually to 

support the program. The implementation schedule is to complete all flow meter installations 

within three years (September 2014) and AMR installations within five years (September 2016). 

A Request for Proposal was advertised on December 30, 2011, to obtain a qualified consultant 

to install AMR equipment. On March 8, 2012, the District elected to reject all proposals from a 

group of seven respondents. The solicitation of the Request for Proposal is expected to be 

reissued in June 2012, and installations are anticipated to begin by late 2012. New Activities 

Since Last Meeting: As of June 20, 2012, a total of 45 flow meters have been installed. Staff is 

continuing to work with 77 permittees identified to date that are eligible to participate in the flow 

meter reimbursement program. As permit renewals or modifications are issued that qualify for 

the reimbursement program, permittees are contacted with instructions on how to participate. In 

addition, it is anticipated that a minimum of 35 additional permittees will be contacted each 

quarter to participate in the program over the next three to five years. Project Manager: Kevin 

Coughlin 



Presenter: Mark A. Hammond, Division Director, Resource Management 

24


July 31, 2012 

FINANCE &ADMINISTRATION COMMITTEE 

Discussion Items. 


47. Fiscal Year (FY) 2012-13 Budget Development .............................. (30 minutes) ........... 2 







48. Treasurer's Report, Payment Register, and Contingency Funds Report .......................... 8 

49. Monthly Financial Statement .............................................................................................. 13 

50. Monthly Cash Balances by Fiscal Year ............................................................................. 18


July 31, 2012 


Fiscal Year (FY) 2012-13 Budget Development 





Item 47 

Purpose 

a. Provide an update on any budget changes that have been made since the FY2012-13 

Recommended Annual Service Budget (RASB) was approved by the Governing Board on 

June 26 as the District’s FY2012-13 tentative budget. 

b. Report the results of the July 1 certifications of taxable value from the District’s 16-county 

property appraisers and recommend adoption of a proposed FY2012-13 millage rate. 

c. Request approval to submit the District’s tentative budget to the Executive Office of the 

Governor, Department of Environmental Protection, Florida Legislature and other parties, as 

required by statute, for delivery by August 1, 2012. 

d. Recommend assignment of available funds to the District’s Short-Term Projects Reserve in 

fund balance. 

Background 

In June, staff submitted the FY2012-13 RASB to the Governing Board for consideration via an 

electronic link to the District’s web site also available to the public. The RASB document 

included underlying expenditure tables and detailed project descriptions for all District projects. 

On June 26, staff provided an overview of the RASB to the Governing Board including revenues 

and expenditures by object category, program area and area of responsibility. Following 

discussion of the budget, the Governing Board took action to authorize staff to prepare the 

Standard Format Tentative Budget Submission for FY2012-13 based on the RASB as 

presented, adjusted for Governing Board actions at the meeting to decrease the education 

budget and increase the Duck Pond project budget, and to reflect the final estimated ad valorem 

revenue based on the July 1 certifications of taxable value at the same millage rate as 

FY2011-12. 

On July 20, staff will meet in Tallahassee with the staffs of the Executive Office of the Governor, 

Department of Environmental Protection and the Florida Legislature. The results of that 

meeting will be communicated to the Governing Board on July 31. 

On July 31, staff will provide a budget update to the Governing Board. Staff will also present the 

Certifications of Taxable Value and the proposed FY2012-13 millage rate for adoption, which 

must be certified to the county property appraisers by August 4. The proposed millage rate is 

the rate that will be used for Truth in Millage (TRIM) Notices of Proposed Property Taxes. Prior 

to the meeting, staff will provide the Governing Board a draft of the August 1 Standard Format 

Tentative Budget Submission for FY2012-13, with a request to approve for submission on 

August 1. 

The District’s FY2012-13 budget will be adopted in September following two public TRIM 

hearings. The first hearing is scheduled for 6:00 p.m. at the Tampa Service Office on 

September 11, 2012. Written disapproval of any portion of the budget must be received from 

the Executive Office of the Governor or the Legislative Budget Commission at least five 

business days prior to the final budget adoption hearing. The second and final hearing is 

scheduled for 6:00 p.m. also at the Tampa Service Office on September 25, 2012. 

2

Item 47 

Discussion 


Staff will review any proposed budget changes since the June 26, 2012 meeting, and 

communicate the results of the July 20 meeting in Tallahassee. Since June 26, the 

proposed budget for the August 1 tentative budget submission has been reduced by $9.9 

million, from $169.5 million to $159.7 million, subject to approval by the Governing Board on 

July 31. The proposed changes are as follows: 

(1) Annual contingency funds of $7 million have been removed from the budget to promote 

greater transparency and accountability. Contingency funds are not required to be 

budgeted. Further, the Governing Board has approved a Fund Balance policy number 

130-9, establishing an Economic Stabilization Fund that can be accessed in an 

emergency. The Governing Board, in an emergency, has the authority to transfer funds 

available for the disaster or emergency, with notification to the EOG and Legislative 

Budget Commission within 30 days. For other matters, a budget amendment will be 

required and amendments over $1 million will require approval by the Executive Office of 

the Governor pursuant to Section 373.536(4)(a), Florida Statutes, as amended. 

(2) The land acquisition budget has been reduced by $2.3 million, from $5.1 million to 

$2.8 million. Staff will continue to focus on the disposition of lands identified as surplus 

and the acquisition of lands determined necessary for projects. 

(3) Merit increases to retain and reward outstanding performance have been removed from 

the budget in order to maintain consistency with the state and other water management 

districts, resulting in a budget reduction of $569,069. Importantly, staff is developing a 

process to ensure accountability and transparency in decisions to reward performance. 

When the process is approved, staff will bring the matter back to the Board. 

(4) There were other minor adjustments, primarily staffing changes, resulting in a net 

increase of $36,643. 


Staff will present the certifications of taxable value and the proposed FY2012-13 District 

millage rate, in compliance with s. 373.503, F.S., and s. 200.065, F.S. Taxable property 

values in the District have decreased by 2.87 percent, ranging from an increase of 

5.29 percent in Sumter County to a decrease of 11.15 percent in Levy County. Based on 

the certified values, staff has increased the ad valorem revenue budget by $130,001 above 

the amount reflected in the RASB, now $100.5 million. Staff will recommend the Governing 

Board adopt Resolution No. 12-07, Adoption of Proposed District Millage Rate for Fiscal 

Year 2012-13. A copy of the draft resolution is attached as an exhibit to this Item. 


Staff requests approval to submit the Standard Format Tentative Budget Submission to the 

Executive Office of the Governor, Department of Environmental Protection, Florida 

Legislature and other parties, as required by statute, for delivery by August 1, 2012. The 

report reflects the budget as approved by the Governing Board on June 26, decreased by 

$9,862,426, with changes to be discussed in item a. above. 


Staff requests the Governing Board assign $21.7 million in available funds to the District’s 

Short-Term Projects Reserve as part of fund balance. These one-time funds result from the 

extensive encumbrance review this year, combined with the 19 percent reduction in 

operating expenditures. It is requested that these funds be assigned to the Short-Term 

Projects Reserve to remain in fund balance until needed to fund projects in the near future. 

The significant budget reductions have been made and carry forward balances are expected 

to decline in the future as the budget declines and fewer projects are funded. As carry 

forward declines, it will be necessary to use funds from the Short-Term Projects Reserve to 

supplement ad valorem revenue to sustain the annual commitment for water management 

projects until there is a reasonable level of growth in revenues. Staff will present an updated 

fund balance utilization chart, which is now a required part of the August 1 budget 

submission. 

3


Item 47 

a. Approve the budget changes that have been made since the June 26, 2012 Governing 

Board meeting for a reduction of $9,862,426, and a revised budget totaling $159,661,275. 

b. Approve Resolution No. 12-07, Adoption of Proposed District Millage Rate for Fiscal Year 

2012-13. 

c. Approve the Standard Format Tentative Budget Submission report due August 1 to be 

submitted to all parties required by Section 373.536(5)(d), Florida Statutes. 

d. Assign $21.7 million in available funds to the District’s Short-Term Projects Reserve, 

established by Board Policy Number 130-9. 

Presenter: Kurt P. Fritsch, Division Director, Management Services 

4

DRAFT RESOLUTION 

FOR ADOPTION 

(reading into the record not required) 


RESOLUTION NO. 12-07 

ADOPTION OF PROPOSED DISTRICT MILLAGE RATE FOR FISCAL YEAR 2012-13 

WHEREAS, the Governing Board of the Southwest Florida Water Management District (District), 

by authority of Article VII, Section 9(b) of the Florida Constitution, and Chapters 200 and 373, 

Florida Statutes, is authorized to levy ad valorem taxes on taxable property within the District; and 

WHEREAS, the Governing Board of the District must advise the county property appraisers of its 

proposed District millage rate to be levied upon all taxable property in the District subject to county 

taxes to be applied on the tax rolls for the year 2012, for the purpose of preparing the notice of 

proposed property taxes; and 

WHEREAS, the Governing Board of the District must provide the county property appraisers 

preliminary disclosure of the maximum millage levy calculation and certify the appropriate vote was 

taken by the Governing Board for the proposed millage rate adopted in compliance with 

Section 200.065, Florida Statutes; and 

THEREFORE, BE IT RESOLVED, by the Governing Board of the Southwest Florida Water 

Management District by a vote of __________ in favor, __________ against and __________ not 

present or not voting: 

That there is adopted a proposed District millage rate, as provided for in Sections 373.503(3) and 

373.536, Florida Statutes, and in compliance with the maximum millage rate established by 

Section 200.065, Florida Statutes for fiscal year 2012-13, to be assessed on the tax rolls for the 

year 2012, for the purpose of levying a uniform ad valorem tax on all taxable property in the 

counties within the District as certified by the county property appraisers pursuant to 

Section 200.065, Florida Statutes, excluding lands held by the Trustees of the Internal Improvement 

Trust Fund to the extent specified in Section 373.543, Florida Statutes, as follows: 

Proposed Millage 

District Rate Counties Applied To 

Districtwide 0.3928 Charlotte, Citrus, DeSoto, Hardee, 

Hernando, Highlands, Hillsborough, 

Lake, Levy, Manatee, Marion, 

Pasco, Pinellas, Polk, Sarasota, Sumter 

APPROVED AND ADOPTED this 31 st day of July, 2012, by the Governing Board of the 

Southwest Florida Water Management District. 

5

Attest: 

______________________________ 



WATER MANAGEMENT DISTRICT 

By: _________________________________ 

H. Paul Senft, Jr., Chair 

6

STATE OF FLORIDA 

COUNTY OF HERNANDO 

CERTIFICATE AS TO RESOLUTION NO. 12-07 

We, the undersigned, hereby certify that we are, Chair and Secretary, respectively, of the 

Southwest Florida Water Management District, organized and existing under and by virtue of the 

Laws of the State of Florida, and having its office and place of business at 2379 Broad Street, 

Brooksville, Hernando County, Florida, and that, on the 31 st day of July, 2012, at a duly called and 

properly held meeting of the Governing Board of the Southwest Florida Water Management District, 

at 2379 Broad Street, Brooksville, Hernando County, Florida, at which meeting a majority of the 

members of the Governing Board were present, the resolution, which is attached hereto and which 

this certificate is a part thereof, was adopted and incorporated in the minutes of that meeting. 

Dated at Brooksville, Florida, this 31 st day of July, 2012. 

Attest: 

______________________________ 





WATER MANAGEMENT DISTRICT 

By: _________________________________ 


ACKNOWLEDGMENT 

The foregoing instrument was acknowledged before me this 31 st day of July, 2012, by 

H. Paul Senft, Jr., and Douglas B. Tharp, Chair and Secretary, respectively, of the Governing Board 

of the Southwest Florida Water Management District, a public corporation, on behalf of the 

corporation. They are personally known to me. 

WITNESS my hand and official seal on this 31 st day of July, 2012. 

__________________________ 

Notary Public 

State of Florida at Large 

My Commission Expires: 

7


July 31, 2012 


Treasurer's Report, Payment Register, and Contingency Funds Report 

Item 48 

Purpose 

Presentation of the Treasurer's Report, Payment Register, and Contingency Funds Report 

Background 

In accordance with Board Policy 130-3, District Investment Policy, a monthly report on 

investments shall be provided to the Governing Board. Attached is a copy of the Treasurer's 

Report as of June 30, 2012, which reflects total cash and investments at a market value of 

$633,293,966. 

As reflected on the June 30, 2012, Treasurer's Report, the investment portfolio had 

$151.6 million or 23.9 percent invested with the State Board of Administration (SBA) of which 

$145.8 million is invested in the Florida PRIME (formerly the Local Government Investment 

Pool) and $5.8 million in the Fund B Surplus Funds Trust Fund (Fund B). The District has 

received $280,634 of Pool A interest earnings during the first nine months of fiscal year 

(FY) 2012. Fund B is not distributing interest earnings. The District is managing its short-term 

and daily liquidity needs through the use of the Florida PRIME and the Federated Government 

Obligations Fund/Institutional money market fund and U.S. Treasury bills. Consistent with 

Board Policy 130-3, the maximum percent of the portfolio that will be invested in any one 

money market fund is 25 percent. 

Fund B consists of assets that had defaulted on a payment, paid more slowly than expected, or 

had any significant credit and liquidity risk. Fund B cash holdings are being distributed to 

participants as they become available monthly from maturities, sales and received income. 

The investment objective for Fund B is to maximize the present value of distributions. 

At June 30, 2012, the District's investment in Fund B was $5.8 million, down from the initial 

investment of $40.7 million. The market value of the Fund B investments is estimated at 

$4.8 million or approximately 82.9 percent of cost, reflecting $1 million at risk. District staff is 

not aware of any plans by the SBA to liquidate Fund B investments below cost. 

On July 5, 2012, the SBA released another $113,224 from Fund B. Therefore, subsequent to 

June 30, 2012, the balance of $5.8 million has been reduced by $113,224 which further reduces 

the $1 million at risk. 

Staff will continue to monitor the SBA activities to determine how this will impact the District's 

current investment in the Florida PRIME, and affect the District's investment strategy going 

forward. 

In accordance with Board Policy 130-1, Disbursement of Funds, all general checks written 

during a period shall be reported to the Governing Board at its next regular meeting. 

The Payment Register listing disbursements since last month's report is available upon request. 

The Payment Register includes checks and electronic funds transfers (EFTs). 

8

The FY2012 Contingency Funds Report (District only) follows: 

ORIGINAL BUDGET AMOUNT: $7,100,000 

Less Approved Transfers 

Item 48 

Date of 

Board Action 

Information Technology Analysis and Review 200,000 December 20, 2011 

BALANCE: $6,900,000 


These items are provided for the Committee's information, and no action is required. 

Presenter: Daryl F. Pokrana, Chief, Finance Bureau 

9

10 


TREASURER'S REPORT TO THE GOVERNING BOARD 

June 30, 2012 

AGENCY SECURITIES 

EFFECTIVE 

CUSIP INTEREST CALLABLE/ PURCHASE MATURITY DURATION (YRS) DAYS TO PURCHASE MARKET ACCRUED % OF 

NUMBER RATE BULLET DATE DATE OF SECURITY MATURITY COST VALUE INTEREST PORTFOLIO 

FEDERAL FARM CREDIT 

31331kzm5 0.63 Callable 09/29/2011 09/29/2014 3.00 821 $20,000,000 $20,000,600 $32,200 

3133eajw9 0.74 Callable 04/02/2012 04/02/2015 3.00 1006 20,000,000 20,051,800 36,589 

3133eakr8 0.64 Callable 04/09/2012 04/09/2015 3.00 1013 20,000,000 20,052,600 29,156 

3133ealp1 0.61 Callable 04/20/2012 04/16/2015 2.99 1020 5,947,918 5,984,588 7,438 

3133ealp1 0.61 Callable 04/23/2012 04/16/2015 2.98 1020 7,622,331 7,616,748 9,531 

TOTAL FEDERAL FARM CREDIT 

$73,570,249 $73,706,336 $114,914 11.60 

FEDERAL HOME LOAN BANK 

313373h54 1.50 Bullet 04/15/2011 05/15/2014 3.08 684 $20,000,000 $20,415,000 $38,333 

313374rp7 1.00 Bullet 07/18/2011 07/18/2014 3.00 748 20,000,000 20,240,800 90,556 

313378r60 0.71 Callable 04/09/2012 04/09/2015 3.00 1013 19,994,000 20,081,000 31,889 

313378ud1 0.55 Callable 04/17/2012 04/17/2015 3.00 1021 20,000,000 20,000,600 22,611 

3133796c8 0.60 Callable 05/14/2012 05/14/2015 3.00 1048 19,994,000 20,006,800 15,406 

TOTAL FEDERAL HOME LOAN BANK 

$99,988,000 $100,744,200 $198,795 15.77 

FEDERAL HOME LOAN MORTGAGE CORPORATION 

3134g3nz9 0.55 Callable 04/20/2012 02/27/2015 2.86 972 $20,000,000 $20,018,200 $37,889 

3134g3pd6 056 0.56 Callable 04/20/2012 02/27/2015 286 2.86 972 99,288,748 288 748 99,208,740 208 740 18 18,371 371 

3134g3pd6 0.52 Callable 04/20/2012 02/27/2015 2.86 972 10,713,019 10,810,260 19,518 

3134g3uu2 0.60 Callable 05/22/2012 05/22/2015 3.00 1056 20,000,000 20,000,200 13,000 

TOTAL FEDERAL HOME LOAN MORTGAGE CORPORATION 

$60,001,767 $60,037,400 $88,778 9.46 

FEDERAL NATIONAL MORTGAGE ASSOCIATION 

31398a4s8 1.05 Callable 12/08/2010 10/22/2013 2.87 479 $20,000,000 $20,175,000 $40,250 

3135g0dy6 0.70 Callable 10/17/2011 10/17/2014 3.00 839 20,009,375 20,031,800 30,833 

3135g0ef6 0.80 Callable 10/24/2011 10/24/2014 3.00 846 20,000,000 20,027,800 29,778 

3136ftfz7 0.65 Callable 10/24/2011 10/24/2014 3.00 846 20,000,000 20,012,200 24,194 

3135g0em1 1.00 Callable 11/07/2011 11/07/2014 3.00 860 20,000,000 20,039,200 30,000 

3135g0lc5 0.70 Callable 05/29/2012 05/29/2015 3.00 1063 20,000,000 19,998,400 12,444 

TOTAL FEDERAL NATIONAL MORTGAGE ASSOCIATION 

$120,009,375 $120,284,400 $167,499 18.93 

TOTAL AGENCY SECURITIES $353,569,391 $354,772,336 $569,986 55.76

11 



June 30, 2012 

CASH EQUIVALENTS 

EFFECTIVE 

CUSIP INTEREST PURCHASE MATURITY DURATION (YRS) DAYS TO PURCHASE MARKET ACCRUED % OF 

NUMBER RATE DATE DATE OF SECURITY MATURITY COST VALUE INTEREST PORTFOLIO 

UNITED STATES TREASURY BILLS 

9127955u1 0.05 01/05/2012 07/05/2012 0.50 5 $19,994,944 $19,994,944 $4,944 

9127955y3 0.09 02/03/2012 08/02/2012 0.50 33 19,991,453 19,991,453 7,036 

912795y96 0.06 01/04/2012 08/23/2012 0.64 54 19,992,911 19,992,911 5,470 

912795y96 0.13 02/15/2012 08/23/2012 0.52 54 19,986,278 19,986,278 9,894 

9127955c1 0.05 12/20/2011 09/20/2012 0.75 82 19,992,361 19,992,361 5,389 

TOTAL UNITED STATES TREASURY BILL 

$99,957,947 $99,957,947 $32,733 15.77 

STATE BOARD OF ADMINISTRATION (SBA) & OTHER INVESTMENT ACCOUNTS 

ACCOUNT ACCOUNT 

EFFECTIVE 

INTEREST PURCHASE MARKET ACCRUED % OF 

NUMBER DESCRIPTION 

RATE COST VALUE INTEREST PORTFOLIO 

STATE BOARD OF ADMINISTRATION 

Fl Florida id PRIME (F (Formerly l LLocal l GGovernment t IInvestment t t PPool) l) 

271413 SBA General Investments 

0.31 $109,242,799 $109,242,799 

271411 SBA Workers' Compensation 

0.31 1,470,180 $1,470,180 

271414 SBA Land Resources 

0.31 6,892,738 $6,892,738 

271415 SBA Advanced State Funding (Eco System Trust Fund) 

0.31 6,440,514 $6,440,514 

271416 SBA Advanced State Funding (FDOT) 

0.31 11,932,484 $11,932,484 

271417 SBA Advanced State Funding (WRAP) 

0.31 5,946,284 $5,946,284 

271418 SBA Advanced State Funding (WPSTF AWS) 0.31 3,898,441 $3,898,441 

$145,823,440 $145,823,440 

Fund B Surplus Funds Trust Fund (1) 

271413 SBA General Investments 

0.00 $5,250,571 $4,353,774 

271415 SBA Advanced State Funding (Eco System Trust Fund) 

0.00 519,741 430,969 

$5,770,312 $4,784,743 

TOTAL STATE BOARD OF ADMINISTRATION (SBA) ACCOUNTS 

$151,593,752 $150,608,183 23.92 

(1) Fund B commingles investments from participants in a portfolio of securities with the objective to maximize the present value of distributions to participants, to the extent reasonable and prudent, 

net of fees. This objective emphasizes both the timeliness and extent of the recovery of participants' original principal. This is according to Investment Policy Guidelines, Local Government Investment 

Fund B, Part III. Investment Objective (effective 12/21/07). The District is not receiving interest earnings distributions from the SBA-Fund B accounts.

12 



June 30, 2012 

ACCOUNT ACCOUNT 

EFFECTIVE 

INTEREST PURCHASE MARKET ACCRUED % OF 

NUMBER DESCRIPTION 

RATE COST VALUE INTEREST PORTFOLIO 

FEDERATED GOVERNMENT OBLIGATIONS FUND / INSTITUTIONAL 0.01 28,855,549 28,855,549 4.55 

Weighted average yield on portfolio at June 30, 2012 is 0.51%. 

TOTAL INVESTMENTS 

CASH, SUNTRUST DEMAND ACCOUNT (2) 

TOTAL CASH AND INVESTMENTS 

EQUITY - CASH AND INVESTMENTS 

DISTRICT AND BASINS 

District General Fund $328,119,950 51.83% 

Alafia River Basin 17,221,903 2.72% 

Hillsborough River Basin 80,049,203 12.64% 

CCoastal t l Ri Rivers Basin B i 11 11,972,206 972 206 11.89% 89% 

Pinellas-Anclote River Basin 107,916,482 17.05% 

Withlacoochee River Basin 12,274,731 1.94% 

Peace River Basin 21,358,956 3.37% 

Manasota Basin 38,696,411 6.11% 

FDOT Mitigation Program 11,302,181 1.79% 

Florida Forever Fund 4,164,567 0.66% 

TOTAL EQUITY IN CASH AND INVESTMENTS 

$633,076,590 100.00% 

$633,976,639 $634,194,015 100.00 

(900,049) (900,049) 

$633,076,590 $633,293,966 

(2) Excess funds from the District's SunTrust Bank Demand Account are transferred to the District's money market accounts daily. This may result in a negative book balance. However, a positive 

bank balance is maintained at all times.


July 31, 2012 


Monthly Financial Statement 

Purpose 

Presentation of the June 30, 2012, monthly financial statement. 

Item 49 

Background 

In accordance with Sections 373.536(4)(d) and 215.985(12), Florida Statutes, relating to state 

financial information with certain financial transparency requirements, the District is submitting a 

“Statement of Sources and Uses of Funds for the Nine Months Ended June 30, 2012”. 




13

Statement of Sources and Uses of Funds 

For the Nine Months Ended June 30, 2012 

The attached “Statement of Sources and Uses of Funds” statement is provided for your review. 

This report provides a summarized snapshot of high level District financial activity of revenue 

by sources and expenditure summaries (uses) by program. This unaudited financial 

statement is provided as of June 30, with 75 percent of the fiscal year completed. 

This financial statement compares revenues recognized and encumbrances/expenditures 

made against the District’s FY2012 available budget of $509.2 million. Encumbrances 

represent orders for goods and services which have not yet been received. 

Revenues (Sources) Status: 

Overall, as of June 30, 2012, 90 percent (including fund balance) of the District’s budgeted 

revenue has been recognized. 

As of June 30, 2012, the District has received $101.6 million of ad valorem tax revenue 

representing 98 percent of the budget, which is typical for the first nine months of any 

fiscal year as the majority of the ad valorem tax revenue is collected in the months of 

December and January. The budget represents 96 percent of the tax levy based on the 

historical collection rate. 

Intergovernmental Revenues are recognized at the time related expenditures are incurred. 

For FY2012, $20.7 million in revenues have been recognized, representing 30 percent of 

the budget. From year to year, the budgeted amount of intergovernmental revenue 

compared to the recognized amount can fluctuate for various reasons; projects can be in 

the planning stages and have not incurred a significant amount of expenditures, or 

anticipated projects may be canceled (e.g., cooperative funding projects). 

The FY2012 interest earnings budget was based on a 0.5 percent expected rate of return. 

The District’s investment portfolio was generating 0.51 percent at June 30, 2012. Due to 

the higher than budgeted interest rate (for eight of the nine months completed) and varying 

cash balances related to project timing, interest earnings on invested funds in the amount 

of $2.9 million have been recognized representing 111 percent of the budget. The District 

historically budgets investment earnings conservatively. 

License and Permit Fees consist of revenue from water use permits, environmental 

resource permits, water well construction permits, and water well construction licenses. 

Revenue recognized is 65 percent of the budget as of June 30, 2012. 

As of June 30, 2012, other revenue collected is 197 percent of budget. Each year, items 

that fall within the “Other” revenue category are budgeted conservatively due to the 

uncertainty of the amounts to be collected. For example, revenues from timber sales, the 

prorated share of revenue from Blue Cross Blue Shield, rebates, and insurance proceeds 

can significantly vary from year to year. 

Fund Balance represents funds carried over from prior years that are allocated for 

expenditures, or are reserved or designated to fund outstanding encumbrances or board 

designations that were re-appropriated for expenditure in FY2012. 

14


For the Nine Months Ended June 30, 2012 2 

Expenditures (Uses) Status: 

Overall, as of June 30, 2012, the District had obligated 84 percent of its total budget. This 

indicates that most major projects are in progress and will be accomplished. 

Summary of Expenditures by Program 

This financial statement illustrates the effort to date for each of the District’s six statutory 

program areas (Section 373.536(5)(d)4, Florida Statutes). Provided below is a discussion of 

the expenditures by program. 

The Water Resources Planning and Monitoring Program includes all water 

management planning, including water supply planning, development of minimum flows 

and levels, and other water resources planning; research, data collection, analysis, and 

monitoring; and technical assistance (including local and regional plan and program 

review). Of the $57.6 million budgeted for this program, the District has obligated 

83 percent of the budget (32 percent expended and 51 percent encumbered). 

The Acquisition, Restoration and Public Works Program includes the development 

and construction of all capital projects (except for those contained within the Operation 

and Maintenance of Lands and Works Program), including water resource development 

projects/water supply development assistance, water control projects, and support and 

administrative facilities construction; land acquisition; and the restoration of lands and 

water bodies. Of the $359 million budgeted for this program, the District has obligated 


The Operation and Maintenance of Lands and Works Program includes all operation 

and maintenance of facilities, flood control and water supply structures, lands, and other 

works authorized by Chapter 373, Florida Statutes. Of the $21.7 million budgeted for this 

program, the District has obligated 65 percent of the budget (49 percent expended and 

16 percent encumbered). 

The Regulation Program includes water use permitting, water well construction permitting, 

water well contractor licensing, environmental resource and surface water management 

permitting, permit administration and enforcement, and any delegated regulatory program. 

Of the $20.8 million budgeted for this program, the District has obligated 73 percent of the 

budget (59 percent expended and 14 percent encumbered). 

The Outreach Program includes all environmental education activities, such as water 

conservation campaigns and water resources education; public information activities; 

all lobbying activities relating to local, regional, state, and federal governmental affairs; 

and all public relations activities, including public service announcements and advertising 

in any media. Of the $6.3 million budgeted for this program, the District has obligated 


15


For the Nine Months Ended June 30, 2012 3 

The Management and Administration Program includes all governing board support; 

executive support; technology and information services; general counsel, ombudsman, 

human resources, finance, audit, risk management, and administrative services; 

annual contingency funds; and 16-county property appraiser and tax collector fees. 

Of the $43.8 million budgeted for this program, the District has obligated 58 percent of 

the budget (46 percent expended and 12 percent encumbered). 

Of the $43.8 million budgeted, $7.1 million was budgeted as annual contingency funds; 

a balance of $6.9 million remains as of June 30, 2012. 

For this financial report, the Management and Administration Program’s costs are inclusive 

of all costs. For other financial reports that relate to performance metrics, certain costs of 

this program area are allocated to direct program areas as appropriate. 

Based on the financial activities for the nine months ended June 30, 2012, the financial 

condition of the District is positive and budget variances are generally favorable. There are 

no reported or identified major trends, conditions or variances that warrant additional 

management attention. 

16

17 

Southwest�Florida�Water�Management�District 

Statement�of�Sources�and�Uses�of�Funds 

For�the�Nine�Months�Ended�June�30,�2012 

(Unaudited) 

Actuals Variance 

Current Through (under)/Over Actuals�As�A 

Budget 6/30/2012 Budget %�of�Budget 

Sources 

Ad�Valorem�Property�Taxes $� 103,449,973 $� 101,624,267 $�� (1,825,706) 

98% 

Intergovernmental�Revenues ��68,865,594 �� 20,747,306 �� (48,118,288) 

30% 

Interest�on�Invested�Funds �� 2,615,000 �� 2,915,560 ��300,560 111% 

License�and�Permit�Fees �� 1,900,000 �� 1,230,568 ��(669,432) 65% 

Other �� 752,369 �� 1,483,997 ��731,628 197% 

Fund�Balance ��331,622,912 ��331,622,912 �� 

100% 

Total�Sources $� 509,205,848 $� 459,624,610 $��(49,581,238) 90% 

Current Available 

Budget Expenditures Encumbrances� 1 

Budget %Expended %Obligated� 2 

Uses 

Water�Resources�Planning�and�Monitoring $��57,653,763 $��18,226,458 $�� 29,825,279 $��9,602,026 32% 83% 

Acquisition,�Restoration�and�Public�Works ��358,963,505 ��49,951,319 �� 272,476,525 ��36,535,661 14% 90% 

Operation�and�Maintenance�of�Lands�and�Works ��21,741,147 ��10,730,596 ��3,475,040 ��7,535,511 49% 65% 

Regulation ��20,763,530 ��12,289,140 ��2,851,212 ��5,623,178 59% 73% 

Outreach �� 6,272,577 �� 2,209,383 ��2,051,376 ��2,011,818 35% 68% 

Management�and�Administration 3 

��43,811,326 ��19,983,249 ��5,389,276 ��18,438,801 46% 58% 

Total�Uses $� 509,205,848 $� 113,390,145 $��316,068,708 $�� 79,746,995 22% 84% 

1 

�Encumbrances�represent�unexpended�balances�of�open�purchase�orders�and�contracts. 

2 

�Represents�the�sum�of�expenditures�and�encumbrances�as�a�percentage�of�the�available�budget. 

3 

�Management�and�administration�costs�are�inclusive�of�all�costs;�for�performance�metrics�certain�costs�are�allocated�to�direct�program�areas 

��as�appropriate. 

This�unaudited�financial�statement�is�prepared�as�of�June�30,�2012,�and�covers�the�interim�period�since�the�most�recent�audited�financial 

statements.


July 31, 2012 


Monthly Cash Balances by Fiscal Year 

Item 50 

Purpose 

To provide a schedule of monthly cash balances by fiscal year, updated to reflect the cash 

balance as of June 30, 2012. 

Background 

This routine report has been developed to allow the Governing Board to easily monitor the 

District’s cash balances at each month-end and in comparison with cash balances for the last 

four fiscal years. This trend information will become more important as the District’s budget 

declines and reserves are utilized for projects. 




18

19 

Southwest Florida Water Management District 

Monthly Cash Balances by Fiscal Year 

(FY2007-08 - FY2010-11 and FY2011-12 To-Date) 

FY2011-12 

FY2010-11 

FY2009-10 

FY2008-09 

FY2007-08 

$800M 

$750M 

$700M 

$650M 

$600M 

$550M 

$500M 

September 

of Previous 

Fiscal Year 

October November December January February March April May June July August September


July 31, 2012 

GENERAL COUNSEL’S REPORT 



52. Lake Region Lakes Management District Request to 

Transfer Ownership of the P-5, P 6, P-7 and P-8 Water 

Control Facilities in Polk County ...................................................... (15 minutes) ............ 2 

53. Amendment to Resolution Authorizing Proceedings in 

Eminent Domain for Acquisition of Certain Interests in 

Land Necessary for the Lake Hancock Lake Level 

Modification Project ......................................................................... (15 minutes) ............ 10 



54. Litigation Report ................................................................................................................. 18 

55. Rulemaking Update ........................................................................................................... 42


July 31, 2012 


Item 52 

Lake Region Lakes Management District Request to Transfer Ownership of the P-5, P-6, 

P-7 and P-8 Water Control Facilities in Polk County 

Purpose 

To present the Lake Region Lakes Management District’s (LRLMD) request to the District to 

transfer ownership of the District’s P-5, P-6, P-7 and P-8 water control structures, adjacent 

canals and associated equipment serving the property and structures located in Polk County. 

Background 

The LRLMD, an independent special district created in 1919, operates pursuant to a charter that 

grants it the power to acquire, construct, operate, maintain, and protect a system of boat canals, 

drainage canals; dams, locks, and other proper and necessary works in connection therewith, 

for the purpose of aiding in flood control and lake level management; protecting, maintaining, 

and improving the water quality; moving waters out of such lakes; and promoting access to the 

lakes. In 2004, LRLMD’s charter was amended to increase its powers by allowing it the ability 

to exercise its authority outside of its boundaries as long as the following conditions are met: 

(1) the activity is within the drainage basins containing the lakes within the district when such 

exercise is necessary or convenient to further the purposes of the district; and (2) upon the 

concurrence of the governing body having jurisdiction over the area involved. 

Dating back to 1983, the LRLMD has wanted operational control of the P-5, P-6, P-7 and P-8 

water control structures, which control water levels for lakes in the North Winter Haven Chain of 

Lakes. Most recently in 1999, the LRLMD approached the Peace River Basin Board with the 

request that the ownership of the structures and canals be conveyed to the LRLMD. A number 

of issues were raised at that time, which resulted in staff preparing an Issue Paper that provided 

background information for the Basin Board, and spoke to five issues in question. A copy of 

that Issue Paper, dated September 28, 2000, is attached as an Exhibit to this recap for Board 

review. On October 18, 2001 the District entered into an agreement with the LRLMD for the 

operation and routine maintenance of the P-5, P-6, P-7 and P-8 water control structures and 

canals. Under the terms of the agreement the District would reimburse the LRLMD up to 

$35,000 annually for the operation and routine maintenance of the facilities. The term of the 

agreement was ten years, and expired October 18, 2011. 

In 2005, the District contracted with an engineering consultant to prepare a detailed Watershed 

Management Plan (WMP) for the Peace Creek watershed. This WMP will provide 

recommendations for the improvement of natural systems, and provide direction as how to best 

manage the lakes and water control structures to enhance flood protection. The consultant’s 

lake level optimization study is tentatively scheduled to be completed this calendar year. This 

report will provide guidance on how to operate water control structures to optimize flood 

protection during times of high water, and/or an approaching tropical storm or hurricane. 

Additionally, since 2002 the District has been implementing an instrumentation control program 

to make the majority of the District’s gated water control structures remote controllable. 

Eliminating the need to make manual adjustments to gate settings significantly improves the 

District’s response time during major weather events, as well as improves the cost efficiency for 

routine gate operations during non-emergency conditions. By having the structures remotely 

controlled, needed gate setting changes can be made at any hour of the day, within a matter of 

minutes, and without placing staff in harm’s way. To date 35 of the targeted 41 water control 

structures have been made remote controllable. Four of the remaining six structures are the 

P-5, P-6, P-7 and P-8 structures. 

2

Item 52 

Recently, the District received a draft interlocal agreement from LRLMD for the conveyance, 

operation and maintenance of the District’s P-5, P-6, P-7 and P-8 water control structures, 

adjacent canals and associated equipment serving the property and structures. There are three 

options available to the Board for consideration as it relates to the long term disposition and 

operation and maintenance of the P-5, P-6, P-7 and P-8 water control structures, canals and 

associated equipment: (1) ownership of the facilities may be conveyed to the LRLMD as 

requested as long as LRLMD provides all necessary assurances regarding its ability to own and 

operate outside its boundaries for the life of the facilities; (2) the District could enter into a new 

cooperative agreement with the LRLMD for the operation and routine maintenance of the 

facilities (with District oversight); or, (3) the District could retain ownership, operation and 

maintenance of the facilities. 


Under the previous cooperative agreement with the LRLMD, the LRLMD was reimbursed up to 

the not to exceed amount of $35,000 per year for routine operation and maintenance costs. 

Based on the LRLMD’s annual reports to the District, over the course of the agreement period 

invoiced costs have ranged from $6,732 in FY2002, to $61,588 in FY2010. The District’s 

Operations and Land Management Bureau estimates it can perform the needed routine 

operation and maintenance of the facilities from between $33,372 and $35,527, depending on 

whether or not the structures are instrumented for remote control. The cost to instrument the 

four water control structures for remote control is estimated to be $72,663, and has been 

included in the Board’s FY2012 budget. A breakdown of the routine operation and maintenance 

cost between Field Maintenance and Structure Operations, along with the costs to instrument 

each of the four water control structures for remote control is provided below. 

ROUTINE O&M COST BREAKDOWN 

MANUAL OPERATION IF AUTOMATED 

Field Maintenance $25,210 $25,210 

Structure Operations $ 8,162 $10,317 

Total Annual Cost $33,372 $35,527 

COST TO INSTRUMENT STRUCTURES 

P-5 (Lake Henry) $ 3,678 

P-6 (Lake Smart) $18,587 

P-7 (Lake Fannie) $21,687 

P-8 (Lake Hamilton) $28,711 

Total Cost $72,663 


Provide direction as to which option staff should pursue with LRLMD in response to its request 

for conveyance of structures, associated canals and all equipment serving such structures and 

canals. Any agreement, if applicable, will be presented to the Governing Board in the future for 

the Board’s consideration. 


3

92 

Lake 

Mattie 

Lake Van 

Lake 

Blue 

Thomas 

Lake Sears Lake 

540 

Municipalities 

Lake 

Sanitary 

Lake 

Jessie 

Lake 

Deer 

Spirit Auburndale Lake 

Bartow 

Dundee 

Eagle Lake 

Eagle 

Haines City 

Lake 

Lake Alfred 

Lake Hamilton 

Lake Wales 

Winter Haven 

0 0.5 1 

Miles 

Lake 

Idylwild 

Lake 

Cannon 

540 

540 

542 

17 

Lake 

McLeod 

Grassy 

Lake 

Lake 

Alfred 

Lake 

Cummings Lake 

Lake 

George 

Lake 

Hartridge 

Lake 

Mirror 

Lake 

Howard 

Lake 

Shipp 

17 

92 

Echo 

17 

542 

Gum 

Lake 

557 

17 

Lake 

Swoope 

Lake Rochelle 

Lake 

Connie 

Lake 

Silver 

17 

Lake 

Maude 

Lake 

Martha 

542 

Lake Lulu 

Lake 

Haines 

Lake 

Smart 

Lake 

Idyl 

P-6 

Lake 

Elbert 

Lake 

Otis 

Lake Roy 

9 

Lake 

Buckeye 

Lake Eloise 

Lake 

Mariam 

Lake 

Fannie 

Water 

Lake 

Control Structures 

Lowery 

Canal Right of Way 

Lake Region Lakes Management District 

P-7 

Lake 

Dexter 

Lake 

Winterset 

Lake Henry 

P-5 

Lake Hamilton 

550 

P-8 

27 

544 

27 

27


July 31, 2012 


Item 53 

Amendment to Resolution Authorizing Proceedings in Eminent Domain for Acquisition of 

Certain Interests in Land Necessary for the Lake Hancock Lake Level Modification 

Project 

Purpose 

The purpose of this item is to request the Governing Board to approve Resolution 12-09, which 

amends the earlier resolution that authorizes proceedings in eminent domain for acquisition of 

certain interests in land necessary for the Lake Hancock Lake Level Modification Project 

(Project). This amended resolution replaces the legal description of one parcel with a corrected 

description derived from a survey completed subsequent to the original resolution, and deletes 

another parcel that has been determined to be unnecessary for the project. 


The District is required by state law (Section 373.042, Florida Statutes (F.S.)) to develop 

minimum flows and levels (MFL) on priority water bodies and aquifers. The purpose of the MFL 

is to ensure that adequate flows or levels are maintained to protect the state’s water resources. 

The District has set minimum flows for the upper Peace River including17 cubic feet per second 

(cfs) at Bartow, 27 cfs at Fort Meade, and 45 cfs at Zolfo Springs. Flows in the upper Peace 

River were below the minimum flows at Fort Meade approximately 28 percent of the time during 

the last 30 years. The District’s Southern Water Use Caution Area (SWUCA) Recovery 

Strategy includes a recovery strategy, as required by state law (Section 373.0421, F.S.), for the 

upper Peace River because the minimum flows are not currently being met. 

Ground-water withdrawals in the SWUCA have resulted in declines in aquifer levels throughout 

the SWUCA and contribute to reduced flows in the upper Peace River. The District determined 

that it is not feasible to reduce groundwater withdrawals to achieve the minimum flows for the 

upper Peace River. Therefore, the District evaluated a series of projects with the potential to 

restore the historically lost lake and floodplain storage to aid in reestablishing minimum flows. 

The project areas include Lake Hancock, Peace Creek Canal, and the mined lands around 

Bartow. The Lake Hancock Lake Level Modification Project was determined to be critical to the 

District's strategies for meeting the minimum flows in the upper Peace River. The goal of the 

Project is to store water by raising the control elevation of the existing outflow structure on Lake 

Hancock from 98.7 to 100.0 feet and to slowly release water during the dry season to help meet 

the low flow requirements in the upper Peace River. Historically, the lake level was 

approximately one to two feet higher than the current operating level. The Project will increase 

the number of days the upper Peace River will meet the minimum flow from 70 percent to 

87 percent. In addition, the Project will improve the function of approximately 1,000 acres of 

wetlands around the lake and preserve approximately 4,800 acres of floodplain. 

In October 2004, the Governing Board authorized staff to proceed with the preliminary design 

and engineering to prepare a conceptual Environmental Resource Permit (ERP) application for 

the Lake Hancock Lake Level Modification project with a target operating level of up to 100 feet. 

In January 2006, the Board authorized staff, upon reaching agreement through a Memorandum 

of Agreement (MOA) with Polk County, to submit the conceptual ERP application. In July 2006, 

the Governing Board approved the MOA with the County to address potential Lake Level 

Project issues that may affect the County’s North Central Landfill. The County approved the 

10

Item 53 

MOA in August 2006. The District submitted the conceptual ERP application to FDEP on 

August 31, 2006 and they issued the Conceptual ERP on June 14, 2007. 

The impacts associated with raising the operating level involve inundating surrounding public 

and private properties. The 100.0 foot operating level will alter the depth, duration, and 

frequency of water levels on these properties. Raising the lake level will result in the 100-year 

floodplain increasing by approximately 230 acres from approximately 4,570 acres to 

4,800 acres. 

To date, title to 73 of the 74 parcels necessary for the Project have been acquired. The 

acquired lands or interests in land total 99 percent of the total needed. The remaining litigation 

concerns compensation for three easements necessary for the project which cumulatively 

encumber 17.48 acres. The District has spent $121,349,680 for land associated with the 

Project. The District has sufficient funds available to resolve the pending matters. 

Proposed Supplemental Resolution 12-09 

The District is empowered by Section 373.139(2), F.S., to acquire fee title, easements or other 

interests in real property for water storage projects through condemnation. The Governing 

Board exercises the District's power of eminent domain by adopting a resolution that authorizes 

the acquisition of the necessary interests in land through condemnation proceedings. In 

September 2007, the Governing Board adopted Resolution 07-34 which authorized the taking of 

private property for the Project. In October 2008, the Board adopted Resolution 08-27 which 

superseded Resolution 07-34 and amended the 100-year flood elevation and legal descriptions 

incorporated therein. Both earlier resolutions contain recitals concerning the necessity for 

acquiring the property and a statement that the ultimate award, or total cost for obtaining the 

property, is believed to be within the limits of the District's ability to pay. Supplemental 

Resolution 11-20 changed language concerning the easement interest being taken on partial 

take properties. Resolution 12-09 replaces the legal description of one parcel with a corrected 

description obtained from a survey of the property, while also deleting another parcel that more 

recent modeling has revealed to be unnecessary for the project. 


Adopt Resolution 12-09 which amends Resolution 08-27 by replacing the legal description of 

one parcel with a corrected description and deleting another parcel that is unnecessary for the 

project. 

Presenter: Richard V. Neill, Jr., Special Eminent Domain Counsel 

11


RESOLUTION NO. 12-09 

AMENDING RESOLUTION 08-27, WHICH AUTHORIZED PROCEEDINGS 

IN EMINENT DOMAIN, INCLUDING PRESUIT NEGOTIATION AND 

DECLARATION OF TAKING, FOR ACQUISITION OF CERTAIN LANDS 

IN POLK COUNTY, FLORIDA, FOR THE LAKE HANCOCK LAKE 

LEVEL MODIFICATION PROJECT, AND WHICH WAS SUPPLEMENTED 

BY RESOLUTION 11-20. 

WHEREAS, the Southwest Florida Water Management District (“the 

District”), through its Governing Board (“the Board”), authorized 

implementation of the Lake Hancock Lake Level Modification Project 

(“the Project”) on September 25, 2007, 

WHEREAS, the Board concurrently adopted Resolution 07-34, 

authorizing eminent domain proceedings to acquire the property 

interests necessary to implement the Project, 

WHEREAS, the Board subsequently adopted Resolution 08-27, 

amending and superseding Resolution 07-34, to incorporate revisions to 

the legal descriptions of the properties to be acquired and the 100 

year flood elevation, 

WHEREAS, the Board has previously determined that: 

a. Chapter 373 of the Florida Statutes authorized the District 

to acquire real property for the Project, 

b. Acquisition of the lands described in Resolution 08-27 (the 

Project Lands) was necessary for water storage and was 

authorized by Section 373.139(2) of the Florida Statutes, 

which specifically authorized property acquisition through 

eminent domain, and 

c. Acquisition of the Project Lands was not only necessary for 

water storage, but also to address recovery of the minimum 

flows for the upper Peace River as required pursuant to 

Sections 373.042 and 373.0421 of the Florida Statutes, was in 

the public interest, and was for a public purpose. 

WHEREAS, the Resolution 08-27 authorized: 

a. Initiation of presuit negotiations and, if the same are 

unsuccessful, acquisition of all or any part or parts of 

the Project Lands . . ., in fee simple title or, where 

designated with the suffix “P”, an inundation easement for 

the purposes and consequences of establishing the Lake 

Hancock outfall control structure at an elevation of 100 

NGVD (1929) and operating the control structure so that the 

12

one hundred year flood level for Lake Hancock is 103.9 NGVD 

(1929) at the control structure, by eminent domain pursuant 

to Chapters 73 and 74 of the Florida Statutes (2007) as 

expeditiously as possible, and 

b. The institution of presuit negotiations and eminent domain 

proceedings as may be necessary to avail the District of 

all eminent domain powers and procedures pursuant to 

Florida Statutes and rules of Court, including proceedings 

pursuant to Chapters 73 and 74 Florida Statutes (2007), in 

order to acquire an interest in the Project Lands as 

described above, including proceedings by way of a 

Declaration of Taking authorized under Chapter 74 of the 

Florida Statutes (2007), and as otherwise may be necessary 

to complete the acquisition of the Project Lands in fee 

simple, for the Lake Hancock Lake Level Modification 

Project, and for such work, facilities and appurtenances as 

may be required in connection therewith. 

WHEREAS, the Board also adopted Resolution 11-20 confirming that 

Resolution 08-27 authorized use of the language below to describe the 

easement interests being acquired in the eminent domain proceedings: 

The estate or interest in the property that Petitioner intends to 

acquire is an intermittent flowage and inundation easement, 

described more particularly as follows: 

the perpetual right, power, privilege and easement (hereinafter 

collectively referred to as the “Easement”) to intermittently 

overflow, submerge, flood, inundate, flow water on, across, and 

through the land described in Schedule B, attached hereto and 

incorporated herein by this reference (hereinafter referred to as 

the “Property”), in connection with and for the purposes and 

consequences of establishing the Lake Hancock outfall control 

structure at an elevation of 100 NGVD (1929), and operating the 

control structure so that the one hundred year flood level for 

Lake Hancock is 103.9 NGVD (1929), reserving to the fee owner 

all other rights. The District may not hold Lake Hancock at an 

elevation above 100 NGVD (1929). Any increase in the lake 

elevation above 100 NGVD (1929) may only occur as a consequence of 

rainfall events that cause the intermittent inundation or flooding 

of the Property. The Easement is to be governed by and construed 

in accordance with the laws of the State of Florida and inure to 

the benefit of and be binding upon the parties hereto and their 

respective executors, administrators, personal representatives, 

heirs, successors, and assigns. 

WHEREAS, a boundary and topographic survey of Parcel 20-503-183-P 

indicates that the legal description incorporated in Resolution 08-27 

needs to be amended to match the legal description of Parcel 20-503-183-P 

reflected on Exhibit 1 attached hereto. 

13

WHEREAS, the Board finds that, as to Parcel 20-503-183-P, the 

interest that is necessary for the Lake Hancock Lake Level Modification 

Project is an easement interest as described in Resolution 11-20 (and 

hereinabove) in the property described in Exhibit 1 attached hereto. 

WHEREAS, analysis since Resolution 2007-8 indicates that the 

acquisition of Parcel 20-503-172T is not necessary for the Lake Hancock 

Lake Level Modification Project. 

WHEREAS, the Board finds that Parcel 20-503-172T should be deleted 

from those parcels included in the Lake Hancock Lake Level Modification 

Project by Resolution 08-27. 

NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the 

Southwest Florida Water Management District as follows: 

1. Resolution 08-27 is hereby amended so that the legal description 

contained therein for Parcel 20-503-183-P is replaced with the legal 

description contained in Exhibit 1 attached hereto, and so that Parcel 

20-503-172T is deleted from the list of properties to be acquired. 

2. Except as to the legal description of Parcel 20-503-183-P, 

and the deletion of Parcel 20-503-172T,all findings, conclusions, 

and authorizations of the Board encompassed in Resolutions 08-27 and 

11-20 are otherwise hereby ratified and confirmed. 

AS A RESULT of a public hearing, this Resolution was passed and 

adopted in ____________ County, Florida, on the ___ day of ___________, 

2012. 

APPROVED AS TO FORM: 

__________________________ 

Counsel for the District 

SOUTHWEST FLORIDA WATER 

MANAGEMENT DISTRICT 

BY:___________________________________ 


Attest:__________________________________ 


14



ACKNOWLEDGMENT 

The foregoing RESOLUTION NO. 12-09 AMENDING RESOLUTION 08-27, WHICH 

AUTHORIZED PROCEEDINGS IN EMINENT DOMAIN, INCLUDING PRESUIT NEGOTIATION 

AND DECLARATION OF TAKING, FOR ACQUISITION OF CERTAIN LANDS IN POLK 

COUNTY, FLORIDA, FOR THE LAKE HANCOCK LAKE LEVEL MODIFICATION PROJECT, AND 

WHICH WAS SUPPLEMENTED BY RESOLUTION 11-20 was acknowledged before me this 

_____ day of ______________, 2012, by H. Paul Senft, Jr., and Douglas B. 

Tharp, Chair and Secretary, respectively of the Southwest Florida Water 

Management District, who are personally known to me. 

15 

_________________________________ 

Notary Public State of Florida 

Printed Name:________________________ 

Commission No.: _________________ 

My Commission Expires: __________

Legal Description Parcel 20-503-183P (Bellotto) 

EXHIBIT 1 

A portion of Section 2, Township 29 South, Range 24 East, Polk County, Florida, described as follows: 

Commence at the Southeast Corner of the Northwest 1/4 of said Section 2 for a Point of Beginning, 

thence S 74°07'51" W along a portion of a line running to a point on the West boundary of the Northeast 

1/4 of the Southwest 1/4 of said Section 2 that is 3040 feet South of the Northwest corner of the 

Northeast 1/4 of the Northwest 1/4 of Said Section 2, for a distance of 1295.77 feet; thence N 61°49'36" 

E a distance of 38.71 feet; thence N 55°57'47" E a distance of 63.52 feet; thence N 50°37'04" E a 

distance of 47.52 feet; thence N 42°29'20" E a distance of 16.37 feet; thence N 67°26'09" E a distance 

of 57.84 feet; thence N 75°00'06" E a distance of 57.48 feet; thence N 70°34'58" E a distance of 56.44 

feet; thence N 69°26'05" E a distance of 60.02 feet; thence N 77°16'34" E a distance of 55.23 feet; 

thence N 69°59'58" E a distance of 53.39 feet; thence N 72°53'27" E a distance of 55.89 feet; thence N 

67°41'07" E a distance of 52.88 feet; thence S 76°10'49" E a distance of 19.13 feet; thence S 82°19'17" 

E a distance of 20.31 feet; S 73°43'09" E a distance of 18.84 feet; thence N 37°44'53" W a distance of 

35.25 feet; thence N 14°58'20" E a distance of 12.21 feet; thence N 46°15'46" E a distance of 20.65 



42°07'25" E a distance of 28.34 feet; thence N 57°35'38" E a distance of 26.33 feet; thence N 33°31'41" 


distance of 31.92 feet; thence N 41°00'48" E a distance of 33.34 feet; thence N 74°40'16" E a distance 

of 56.16 feet; thence N 67°50'32" E a distance of 31.26 feet; thence N 52°40'47" E a distance of 33.06 

feet; thence S 74°19'27" E a distance of 53.56 feet; thence S 63°40'06" E a distance of 26.32 feet; 

thence N 88°20'27" E a distance of 35.38 feet; thence S 36°24'02" E a distance of 73.76 feet; thence S 



distance of 15.46 feet; thence N 03°13'05" E a distance of 16.86 feet to the east line of the northwest 

quarter of said Section 2; thence S 00°46'44" E along said east line a distance of 61.15 feet to the Point 

of Beginning. 

AND 

Commence at the Southeast Corner of the Northwest 1/4 of said Section 2, thence N 00°46'44" W along 

the east line of said Northwest 1/4 a distance of 643.99 feet; thence S 89°13'16" W a distance of 7.24 

feet for a Point of Beginning; thence S 76°03'47" W a distance of 35.70 feet; thence N 59°53'10" W a 

distance of 22.46 feet to the south right of way line of platted right of way per Pickard Bros. Co's Pridgen 

Tract recorded in Plat Book 4, Page 77 of the public records of Polk County, Florida; thence S 89°55'36" 

E along said south right of way line a distance of 54.19 feet; thence S 02°16'15" W a distance of 2.61 

feet to the Point of Beginning. 

AND 



feet; thence S 76°03'47" W a distance of 35.70 feet; thence N 59°53'10" W a distance of 22.46 feet to 

the south right of way line of platted right of way per Pickard Bros. Co's Pridgen Tract recorded in Plat 

Book 4, Page 77 of the public records of Polk County, Florida, for a Point of Beginning; thence continue 

N 59°53'10" W a distance of 0.40 feet; thence N 12°42'35" W a distance of 16.40 feet; thence N 

16

60°17'38" W a distance of 45.53 feet; thence N 22°11'23" W a distance of 1.41 feet to the north right of 

way line of said platted right of way; thence S 89°55'36" E along said north right of way line a distance of 

99.80 feet; thence S 02°16'15" W a distance of 40.03 feet to said south right of way line; thence N 

89°55'36" W along said south right of way line a distance of 54.19 feet to the Point of Beginning. 

AND 



feet; thence S 76°03'47" W a distance of 35.70 feet; thence N 59°53'10" W a distance of 22.86 feet; 

thence N 12°42'35" W a distance of 16.40 feet; thence N 60°17'38" W a distance of 45.53 feet; thence N 

22°11'23" W a distance of 1.41 feet to the north right of way line of platted right of way per Pickard Bros. 

Co's Pridgen Tract recorded in Plat Book 4, Page 77 of the public records of Polk County, Florida, for a 

Point of Beginning; thence N 22°11'23" W a distance of 40.73 feet; thence N 08°00'56" E a distance of 

43.24 feet; thence N 12°07'38" E a distance of 48.85 feet; thence N 14°36'09" E a distance of 54.19 




E a distance of 10.72 feet to a point lying 0.82 feet west of the east line of the northwest quarter of said 

Section 2 when measured at a right angle; thence S 08°34'13" W a distance of 38.25 feet; thence S 

02°05'34" E a distance of 53.97 feet; thence S 00°16'43" W a distance of 46.92 feet; thence S 03°07'30" 

E a distance of 48.71 feet; thence S 01°39'55" E a distance of 48.71 feet; thence S 00°13'26" E a 

distance of 52.52 feet; thence S 02'16'15" W a distance of 10.19 feet to said north right of way line; 

thence N 89°55'36" W along said north right of way line a distance of 99.80 feet to the Point of 

Beginning. 

17

18 

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT LITIGATION REPORT 

July 2012 

(Current status of case is in boldface type) 

STYLE/CASE NO. COURT ATTORNEY ACTION DESCRIPTION/STATUS 

SWFWMD v. 

Robert Barfield/ 

Case No.10-CA- 

020317 

13 th Judicial Circuit 


DELEGATED ADMINISTRATIVE HEARING MATTERS 

(None for July 2012) 

OPEN ENFORCEMENT CASES 

115 Cases as of June 8, 2012 

104 Cases as of July 11, 2012 

ENFORCEMENT CASES IN ACTIVE LITIGATION 


(Including Administrative Complaints) 

A. Vining Complaint and Petition for 

Enforcement 

1 

On October 10, 2007, the District issued Well Construction Permit 

No. 767151.01 to Robert Barfield authorizing the construction of 

one 5-inch diameter potable water well in Hillsborough County. On 

October 30, 2007, District staff conducted an inspection of the well 

and observed that the annular space between the well casing and 

the bore hole wall was not grouted as required by District rules. 

District staff issued a Notice of Violation to Mr. Barfield on August 4, 

2008, for the above described violation. 

On October 24, 2008, the District issued a proposed Consent Order 

that assessed penalties of $1,000 and ten (10) points against Mr. 

Barfield's license. The proposed Consent Order also required Mr. 

Barfield to obtain a Well Repair Permit and repair the well by 

properly grouting the annular space between the well casing and 

the borehole wall. Mr. Barfield responded that he had grouted the 

well but the grout must have subsided which is why the District staff 

did not observe any grout during the inspection. District staff was 

willing to reduce the penalty to $500 if Mr. Barfield could 

demonstrate that he had grouted the well, but had failed to grout the 

well from bottom to top as required by District rules. Mr. Barfield told 

District staff he would schedule a site visit to demonstrate that he 

had grouted the well. Mr. Barfield did not contact District staff to 

schedule a site visit and he did not execute the proposed Consent 

Order. 

The District served Mr. Barfield with an Administrative Complaint 

and Order on July 7, 2009, that became final Order No. SWF 09- 

027 on August 17, 2009, when Mr. Barfield did not respond. The 

District filed a civil enforcement action in Circuit Court on October 4, 

2010. Mr. Barfield served an answer on October 24, 2010. Mr. 

Barfield did not renew his water well contractor’s license in 2009 

and is no longer a licensed water well contractor.


SWFWMD v. 

Dollar Golf, Inc. 

and The Trails at 

Rivard 

Homeowners’ 

Association, Inc. 

SWFWMD v. 

Dollar Golf, Inc. 

and The Trails at 

Rivard 

Homeowners’ 

Association, Inc./ 

Case No. CA 11- 

2865 

19 

5 th Judicial Circuit 

Hernando County 

R. Moore Administrative Complaint and 

Order 

Complaint and Petition for 

Enforcement 

2 

On March 22, 2012, the District filed a Motion for Summary 

Judgment. A hearing to address the Motion for Summary Judgment 

is scheduled for April 19, 2012. The hearing was held and the 

District is awaiting an order on its Motion for Summary Judgment. 

On January 20, 2010, the District received a complaint concerning a 

sinkhole located within a retention pond on property owned by 

Dollar Golf, Inc. Inspection by District staff confirmed that a small 

depressional area was present within the side bank of Retention 

Pond M. Pursuant to Environmental Resource Permit Number 

49009200.011, (the Permit). Dollar Golf, Inc. and the Trails at 

Rivard Homeowners’ Association, Inc., (collectively the Permittees) 

are jointly responsible for the operation and maintenance of the 

retention ponds. On January 22, 2010, staff issued a Drainage 

Complaint Notice to the Permittees advising them that a sinkhole 

had been observed within Retention Pond M and that the surface 

water management system may not be functioning in compliance 

with the Permit. No response was received to the Drainage 

Complaint Notice. On July 30, 2010, the District issued a Notice of 

Violation to the Permittees. Subsequently, District staff spoke to a 

representative of the Trails at Rivard Homeowners’ Association, Inc. 

who stated that the Association had acquired an estimate for the 

corrective work but had been unsuccessful in attempts to 

coordinate with Dollar Golf, Inc. regarding repair of the deviations. 

On March 23, 2011, the District issued a proposed Consent Order 

that assessed $4,100 in penalties and costs and required the 

Permittees to repair the sinkhole and the return of Retention Pond 

M to its permitted design. District staff spoke to a representative of 

the Trails at Rivard Homeowners’ Association, Inc., who stated that 

they are not able to correct the deviations without the cooperation of 

Dollar Golf, Inc. The District has received no response from Dollar 

Golf, Inc., to the proposed Consent Order. 

In October 2011, the District served Permittees with an 

Administrative Complaint and Order. Both Permittees responded by 

filing petitions for hearing that were determined to be insufficient. 

The District dismissed both petitions with leave to file an amended 

petition. Trails at Rivard Homeowners’ Association filed an 

amended petition, which it later withdrew. Dollar Golf did not file an 

amended petition. The District entered final Order SWF 11-023 on 

November 9, 2011. The District initiated a civil enforcement action 

in Circuit Court on December 20, 2011. Trails at Rivard 

Homeowners’ Association was served on December 29, 2011, and 

Dollar Golf was served on January 20, 2012. Dollar Golf is now 

represented by counsel and wants to settle this matter. The District 

is currently negotiating settlement with Trails at Rivard

20 


SWFWMD v. 

Fatemah 

Corporation 

SWFWMD v. 

Peter Geraci and 

Sheila Geraci/ 

Case No. 11-4509 

Division of 

Administrative 

Hearings 

A. Vining Administrative Complaint and 

Order 

M. Moore/A. 

Brennan 

Administrative Complaint and 

Order 

3 

Homeowners’ Association and Dollar Golf. The District and Trails at 

Rivard Homeowners’ Association have agreed on a payment 

schedule for the payment of penalties and costs. The Trails at 

Rivard Homeowners’ Association and Dollar Golf continue to 

negotiate a contract to jointly complete the repair to the sinkhole. 

Dollar Golf and the Trails at Rivard Homeowners’ Association 

have entered into their contracts to repair the sinkhole and the 

parties are negotiating the final terms of a settlement 

agreement. 

On January 1, 2003, the District issued Water Use Permit No. 

20008605.002, (Permit) to Fatemah Corporation, (Permittee) 

authorizing withdrawals of 39,400 gallons per day (gpd) on an 

annual average basis for the irrigation of 55 acres of citrus in 

Hillsborough County. By letters dated April 29, 2005, and June 27, 

2005, District staff informed Permittee that it appeared that the 

citrus had been removed from the property and that tomatoes had 

been planted in place of the citrus, an action that required 

modification of the Permit to reflect the change in crop type. Staff 

also informed Permittee that cultivating tomatoes on the property 

would require the withdrawal of a significantly larger quantity of 

water than what the Permit currently authorized. Permittee 

submitted an application to modify the Permit to reflect the change 

in crop type on August 26, 2005. The Governing Board denied the 

application March 25, 2008, because the Permittee failed to supply 

the District with sufficient information to complete the application. 

District staff sent letters on April 16, 2008, and May 22, 2008, again 

notifying Permittee of the need to address the change in crop type 

from citrus to tomatoes. On April 23, 2009, the District mailed a 

proposed Consent Order to Permittee that assessed $10,500 in 

penalties and costs. Permittee did not sign the Consent Order. 

The District served the Permittee with an Administrative Complaint 

and Order on October 18, 2010. Permittee filed a request for 

hearing on November 1, 2010, but later requested that the matter 

not be referred to DOAH in order to give Permittee time to submit a 

permit application and resolve the matter. Permittee submitted an 

application to modify its Permit on August 30, 2011. On February 

16, 2012, Permittee provided a partial response to the District’s 

September 28, 2011, Request for Additional Information letter. 

On March 15, 2008, District staff received information concerning 

possible unauthorized construction activities occurring on 976 

contiguous acres of property owned by Peter A. Geraci (Owner) in 

Manatee, County, (the Property). The information concerned 

possible dredging and filling impacts to wetlands on the Property

21 


4 

and to a portion of Owen Creek that flows through the Property. 

Along with the complaint, District staff received aerial photographs 

of the activities. Based upon a review of the photographs provided 

and GIS data, District staff determined that dredging and filling 

activities had in fact occurred around Owen Creek and in three 

other wetland areas, resulting in wetland and floodplain impacts. On 

April 9, 2008, the District issued Owner a Notice of Unauthorized 

Construction. The notice also explained that continued construction 

without an environmental resource permit could result in increased 

penalties. Following a subsequent site inspection, staff determined 

that additional dredging and filling activities had occurred after the 

photographs were taken. On December 17, 2008, the District 

issued a Notice of Violation and proposed Consent Order to Owner 

that assessed $237,499 in penalties and costs. Owner responded 

by submitting a $20,412 counteroffer and a proposed restoration 

plan. District staff rejected Owner’s counteroffer as it was not in 

good faith, and rejected the proposed restoration plan because staff 

determined it was not technically or scientifically appropriate. After 

working with Owner’s consultants and obtaining actual survey data, 

District staff issued a revised Consent Order to Owner on October 

22, 2009, proposing $178,499 in penalties and costs. On December 

10, 2009, Owner responded to the revised Consent Order by 

submitting a report from a consultant opining that Owner is engaged 

in the practice of silviculture on his Property and was therefore 

exempt from permitting requirements. No direct response was 

made with respect to the Consent Order. On May 26, 2010, staff 

referred this matter to the Florida Department of Agriculture and 

Consumer Services (FDACS) for a nonbinding opinion as to 

whether the work done on the Property qualifies for the permitting 

exemption provided in Section 373.406(2), Florida Statutes. On July 

27, 2010, the District received FDACS’ opinion, which stated that 

the activities on the Property did not qualify for the exemption. In a 

last effort to resolve this matter, on August 10, 2010, District staff 

reissued to Owner the revised Consent Order which proposed 

penalties and costs in the amount of $178,499. Owner did not agree 

to the Consent Order. 

On March 2, 2011, the District issued an Administrative Complaint 

and Order which has been served on all necessary parties. Sheila 

Geraci was served with the Administrative Complaint and Order on 

March 17, 2011, and Peter Geraci was served on April 13, 2011. 

On April 25, 2011, counsel on behalf of Sheila Geraci and Peter 

Geraci filed a request for extension of time to file a Petition. While 

the request for extension of time was timely with respect to Peter 

Geraci, the request for extension of time was 25 days late with 

respect to Sheila Geraci. The request for extension of time was

22 


SWFWMD v. 

McClendon, J.C., 

Jr./Case 

No.0811837CI13 

6 th Judicial Circuit, 

Pinellas County 


Enforcement of ACO SWF07- 

056 

5 

granted for Peter Geraci and denied for Sheila Geraci. The District 

entered a Final Order of Dismissal as to Sheila Geraci on May 25, 

2011. On May 19, 2011, Peter Geraci filed a timely Amended 

Answer to the ACO and a request for formal administrative hearing. 

The matter was referred to the Division of Administrative Hearings. 

Pursuant to Sections 373.406 and 373.407, Florida Statutes, on 

January 18, 2012 the District requested a Binding Determination 

from FDACS in regards to whether the activities on the Property 

were exempt from permitting requirements. A final hearing on this 

matter was rescheduled to May 22-24, 2012, to allow time to 

receive FDACS’ binding determination. 

On March 22, 2012, FDACS rendered a binding determination that 

the activities on the Property were not exempt from District 

permitting requirements. On April 2, 2012, Geraci moved to stay 

this matter while he considers challenging the FDACS 

determination. The District objected to Geraci’s motion as 

premature. At a telephonic motion hearing held on April 9, 2012, the 

ALJ gave Geraci a deadline by which to inform the ALJ as to 

Geraci’s response to the FDACS determination. On April 12, 2012, 

Geraci filed a Petition For Formal Administrative Hearing with 

FDACS and notified the ALJ accordingly. On April 16, 2012, the 

ALJ issued an order to stay the District’s case until a final order is 

rendered by FDACS regarding Geraci’s challenge to FDACS’ 

binding determination of nonexemption. The parties are to file with 

the ALJ a status report on the FDACS proceeding by July 31, 2012. 

The District has been granted leave to intervene in the DOAH 

proceedings concerning the FDACS determination – see Case No. 

12-1493, under Miscellaneous Cases, below. A hearing on the 

District’s ACO is on hold pending the outcome of the FDACS 

proceeding. The parties are continuing negotiations for 

settlement. 

On November 1, 2006, District staff conducted a site visit in 

response to a complaint and determined that four sand point 

irrigation wells had been constructed in Pinellas County by Mr. 

J.C. McClendon, Jr., who did not have a valid water well 

contractor’s license and who did not obtain the required Well 

Construction Permit. The District issued a Notice of Violation, 

Proposed Consent Order, and Notice to Cease and Desist to Mr. 

McClendon on March 2, 2007, for the above-described violations. 

The Consent Order assessed penalties of $1,500. Mr. McClendon 

did not respond to the proposed Consent Order. An Administrative 

Complaint and Order was served on Mr. McClendon on 

September 25, 2007, which became final Order SWF 07-056 on 

October 29, 2007, when Mr. McClendon did not respond. The

23 


SWFWMD v. 

Milmack, 

Inc./Case No. 53- 

2011-CA-000910- 

0000-00 


Polk County 

A. Brennan Complaint and Petition for 

Enforcement of ACO SWF 

2010-018 

6 

District initiated a civil enforcement action in Circuit Court on 

August 18, 2008. The Court issued an Order Granting Summary 

Judgment on January 28, 2011. 

On January 1, 2003, the District issued Water Use Permit (“WUP”) 

No. 20010392.005 (the “Permit”) to Milmack, Inc., (“Permittee”) 

authorizing withdrawals of 259,900 gallons per day (“gpd”) on an 

annual average basis and 282,700 gpd on a drought annual 

average basis from one well for golf course irrigation in a 

community known as Oakwood, located in Polk County. On 

February 18, 2009, District staff issued Permittee a Notice of Non- 

Compliance advising that the annual average quantity withdrawn for 

the 12-month period ending December 31, 2008 was 387,575 gpd, 

or approximately 30% in excess of the permitted quantity. 

Permittee responded to the Notice of Non-Compliance, claiming 

that it had initiated litigation with the developer and engineer of the 

community concerning damage to the golf course and its irrigation 

system allegedly caused by the surface water management system 

serving the development. Permittee’s withdrawals continued to 

exceed its permitted quantity. On September 14, 2009, the District 

mailed a proposed Consent Order to Permittee assessing $8,687 in 

penalties and costs for exceeding its permitted drought annual 

average quantities from April through July, 2009. Permittee 

responded to the proposed Consent Order on October 14, 2009, 

reiterating its involvement in litigation concerning the surface water 

management system. Permittee requested that the District impose 

no penalty for prior overpumpage, which request was rejected. 

District staff met with Permittee and its representatives on October 

26, 2009, to discuss possibilities for resolving the overpumpage, 

and agreed to a 90-day extension of time to calibrate the well’s 

meters, to employ additional compliance measures, and to respond 

to the District’s proposed Consent Order. District staff and 

Permittee were unable to reach a resolution of this matter. 

This matter was then presented to the District’s Governing Board at 

its June 2010 meeting. The Governing Board requested that District 

staff work with Permittee for 30 days in an attempt to make 

progress in resolving the compliance matter, and report back to the 

Governing Board at its July meeting. The matter was again 

presented to the Governing Board at its July 2010 meeting. 

Because substantial progress had not been made in resolving this 

matter, the Governing Board authorized initiation of litigation against 

Permittee. On August 19, 2010, the District issued an 

Administrative Complaint and Order (ACO), which became final 

Order No. SWF 10-018 on September 21, 2010, when permittee did 

not respond. On March 11, 2011, the District filed a civil

24 


SWFWMD v. 

Wendy B. 

Mozdzer/Case No. 

53-2011-CA- 

001131-0000-00 


Polk County 

J. Ward Complaint and Petition for 

Enforcement 

7 

enforcement action in Circuit Court to enforce the terms of the ACO. 

During the pendency of litigation, District staff and Permittee 

continued to explore settlement negotiations. On November 17, 

2011, Permittee requested that the District consider offsetting the 

payment of monetary penalties in exchange for the completion of 

mandated irrigation system upgrades which would enhance water 

conservation and system efficiency at Oakwood. On November 30, 

2011, the District proposed a Settlement Agreement to Permittee, 

which provides for payment of $2,000 in enforcement costs; and 

$4,000 in penalties to the District. As an alternative to paying 

$4,000 in penalties, Permittee may elect to implement consumption 

reduction-related irrigation system upgrades costing at least $4,000 

to assist in reducing total consumption. The cost of the irrigation 

system upgrades are required to provide a dollar-for-dollar offset of 

the penalties. Should the cost of the irrigation system upgrades not 

provide a dollar-for-dollar offset of the penalties, Permittee must pay 

to the District $4,000 in penalties, minus any amounts expended in 

irrigation system upgrades. Additionally, the proposed settlement 

agreement required Permittee to submit a WUP renewal application 

to the District by March 1, 2012 that includes a water use plan 

demonstrating how Permittee will come into and remain in 

compliance with state statutes, District rules, and the terms of its 

Permit. On December 2, 2011, the District received a signed 

Settlement Agreement from Permittee which was approved by the 

Governing Board on January 31, 2012. Pursuant to the Settlement 

Agreement, on February 22, 2012 the parties filed a Joint Motion for 

Consent Final Judgment and a draft Consent Final Judgment for 

consideration and entry by the Circuit Court. On February 24, 2012, 

the judge signed the Consent Final Judgment. Permittee has paid 

$4,000 in penalties and costs to the District, and on March 1, 2012, 

Permittee submitted its Permit renewal application as required in 

accordance with the Settlement Agreement. On May 1, 2012, 

Permittee submitted receipts for irrigation system upgrades totaling 

$4,481.41. On July 3, 2012, the District approved an extension 

of time for Permittee to come into compliance with the terms of 

its Permit until October 12, 2012 as Permittee has 

demonstrated that it is working with the District in good faith 

to complete the renewal of its Permit. 

On March 2, 2005, District staff received a complaint concerning 

possible unauthorized construction activities occurring on property 

owned by Wendy Mozdzer (Owner), located in Polk County 

(Property). District staff investigation revealed the excavation of 

two pits, each approximately 1.5 acres in area and approximately 

10 feet deep, and the transport of the excavated material from the 

Property by commercial haulers. No Environmental Resource

25 


8 

Permit (ERP) had been issued to authorize the construction 

activities. On March 23, 2005, staff issued a Notice of 

Unauthorized Construction to the Owner. By letter dated March 

30, 2005, Owner advised District staff that the construction 

activities were for the purpose of constructing an agricultural pond 

and should be considered exempt from ERP requirements 

pursuant to Rule 40D-4.051(2), Florida Administrative Code. 

District staff determined that the ponds did not qualify for an 

exemption. Owner continued the excavation activities on the 

Property after District staff informed her that an ERP was 

required. On May 27, 2005, the District issued a Notice of 

Violation and proposed Consent Order. The Consent Order 

required Owner to obtain an ERP and assessed $13,720 in 

penalties and costs. Despite numerous attempts, District staff and 

Owner were unable to negotiate a Consent Order to resolve the 

matter. 

On August 5, 2008, the District served Owner with an 

Administrative Complaint and Order. On August 13, 2008, after 

receipt of the Administrative Complaint and Order, Owner 

provided a counteroffer to the proposed Consent Order wherein 

she offered to pay $7,000 to settle the matter. Her counteroffer 

was not acceptable to District staff. However, because Owner 

could have reasonably believed based on past written 

communications with the District that the activities on the Property 

were exempt from District permitting requirements the District 

agreed to revised penalties and costs totaling $7,680. On 

September 30, 2008, the District and Mozdzer entered into a 

Consent Order to resolve the matter. 

On March 14, 2011, the District filed a civil enforcement action in 

Circuit Court seeking to enforce the terms and conditions of the 

Consent Order. Mozdzer filed an answer to the complaint on April 

25, 2011. On May 12, 2011, the District served a Motion to Strike 

Affirmative Defenses and a hearing was scheduled on the motion 

for July 6, 2011. The hearing was subsequently rescheduled for 

October 14, 2011. Prior to the hearing Mozdzer retained counsel 

and on October 24, 2011, served the District with an Amended 

Answer to Plaintiff’s Complaint and Affirmative Defenses. On 

November 16, 2011, the District served a Second Motion to Strike 

and an Order granting that motion was entered on January 3, 2012. 

On January 27, 2012, Mozdzer served a Second Amended Answer 

to the District’s complaint. Currently pursuing discussions 

regarding potential resolution of case.

26 


SWFWMD v. 

Vikings, LLC/Case 

No. 10-10588 

Division of 


Hearings 

R. Moore Administrative Complaint and 

Order 

9 

On May 11, 2006, the District issued Water Use Permit No. 

20012843.001 to Vikings, LLC, authorizing withdrawals of 263,000 

gallons per day (gpd) on an annual average basis, and 641,000 

gpd on a peak month basis from 8 wells used for public supply, 

augmentation of ponds, and golf course irrigation. On July 6, 

2007, District staff issued a Notice of Non-Compliance to the 

Permittee advising that the annual average quantity withdrawn for 

the 12-month period ending May 2007 was 385,672 gpd, 

approximately 46% in excess of the permitted quantity. On 

September 6, 2007, District staff issued Permittee a 2 nd Notice of 

Non-Compliance advising that the annual average quantity 

continued to exceed the permitted quantity. In August 2008, 

Permittee submitted an application to modify its permit to increase 

quantities. In October 2008, the District sent a Consent Order to 

the Permittee that assessed $42,986 in penalties and costs for 

overpumpage from August 2007 through March 2008. On March 

4, 2009, the District issued Water Use Permit number 

20012843.002 (the .002 Permit) that authorized an increase in the 

permitted quantities based on calculations from the Agricultural 

Water Use Model Version 2.0 (AGMOD). The .002 Permit 

authorized withdrawal quantities of 310,520 gpd on an annual 

average basis and 786,550 gpd on a peak month basis. 

Permittee’s withdrawals continued to exceed the permitted 

quantity authorized in the .002 permit. On April 30, 2009, the 

District sent another proposed Consent Order to Permittee that 

assessed $40,036 in penalties and costs for overpumpage of 

permitted quantities for the 12-month periods ending October 

2007 through April 2008. The Permittee initially expressed a 

willingness to sign a consent order, with a penalty based on the 

AGMOD calculations, however, to date, the District has not 

received a signed consent order from Permittee. 

In November 2010, the District served Permittee with an 

Administrative Complaint and Order. Permittee filed a timely petition 

for hearing and the matter was forwarded to the Division of 

Administrative Hearings. Prior to a hearing on the matter, the 

District and Permittee agreed to the entry of an Amended 

Administrative Complaint and Order and the matter was 

relinquished to the District. The District entered the Amended 

Administrative Complaint and Order as final Order SWF 2011-015 

on July 12, 2011. On September 9, 2011, Permittee suggested a 

proposed penalty of $2,000.00 for overpumpage to date. While 

Permittee has integrated several technologies to curb its water use, 

Permittee is still overpumping. The District informed Permittee in 

November 2011, that the proposed penalty was not sufficient. The 

District has not received a counteroffer from Permittee. The District

27 


SWFWMD v. 

Zerep Enterprises, 


CA-011085 

Ginsberg-Klemmt, 

Erika and Achim- 

SRQUS, LLC v. 

SWFWMD and 

City of Sarasota / 

Case No. 12- 

002161 




Enforcement 

PERMIT/AGENCY ACTION CHALLENGES 


M. Moore Petition for Administrative 

Hearing Challenging ERP 

44040881.000 

10 

is drafting a settlement agreement with proposed penalty 

amounts acceptable to the District, to provide Permittee in an 

attempt to conclude this case. 

On August 29, 2001, the District issued Environmental Resource 

Permit No. 46012777.003 (Permit), authorizing the construction of a 

surface water management system (System) serving a medical 

office building project, located on 0.45 acres of land in Hillsborough 

County (Property). On or about July 12, 2005, Zerep Enterprises, 

Inc. (Owner), acquired ownership of the Property. Upon acquisition 

of the Property, the Owner did not seek to transfer the Permit or to 

otherwise obtain a permit from the District for the operation of the 

System on the Property. By letters dated November 16, 2006, 

December 14, 2006, and January 12, 2007, District staff advised 

Owner of the requirement to obtain a permit authorizing the 

operation of the surface water management system, by either 

applying for a new permit or requesting transfer of the existing 

Permit. On December 20, 2007, District staff issued a Notice of 

Violation to Owner. The Owner did not respond to the Notice of 

Violation. On December 16, 2008, District staff issued a proposed 

Consent Order to Owner that assessed $1,700 in penalties and 

costs. The Owner did not respond to the proposed Consent Order. 

The District served the Owner with an Administrative Complaint and 

Order on June 8, 2009, which became final Order No. SWF 09-023 

on June 30, 2009 when the Owner did not respond. 

The District initiated a civil enforcement action in Circuit Court on 

May 27, 2010. The Owner never responded to the civil complaint 

and the District obtained an Order Granting Motion for Default on 

September 22, 2010. Owner then filed for bankruptcy placing the 

District’s case in abeyance. The bankruptcy was converted to a 

Chapter 7 on October 6, 2011. The District filed its Notice of Claim 

in the related bankruptcy case on February 8, 2012. A Final 

Evidentiary Hearing regarding the bankruptcy proceedings is 

scheduled for August 17, 2012. 

On May 21, 2012, the District received a Request for Administrative 

Hearing. On June 6, 2012, the District entered an Order of 

Dismissal Without Prejudice, granting the Petitioner 14 days from the 

date of the Order to file an amended, sufficient petition. On June 

13, 2012, the District received an Amended Petition which was 

determined to be sufficient and referred to DOAH for a hearing. 

A final hearing is scheduled for September 12, 2012. A

28 


Tony’s Roasted 

Red peppers, Inc. 

v. SWFWMD and 

Hillsborough 

County/Case No. 

12-002155 

Nichols Ranch, 

LLC; Mims 

Properties 

Investments, LLC; 

and Mims 

Hammocks, LLC 

v. SWFWMD and 

Mosaic Fertilizer, 


001043 

M. Moore Petition for Administrative 


43001220.012 

A. Brennan / 

A. Vining 

Petition for Administrative 

Hearing challenging WUP 

20011400.025 

11 

resolution conference is scheduled for July 23, 2012. On July 

11, 2012, Sarasota County petitioned to intervene as an 

interested party. 

On June 6, 2012, the District received Petitioner’s petition 

challenging the .012 permit. On June 18, 2012, the Petition was 

referred to DOAH. On June 25, 2012, the County filed a Motion 

to Dismiss/Motion for More Definite Statement and Motion to 

Strike. The final hearing is scheduled for September 18 – 20, 

2012 in Tampa. A Resolution Session is scheduled for July 23, 

2012. 

On July 10, 2012, the ALJ denied Hillsborough County’s Motion 

to Dismiss, granted the County’s Motion to Strike and ordered 

the Petitioner to file an amended petition. 

On February 16, 2012, the District issued a Water Use Permit (WUP) 

to Mosaic Fertilizer, Inc. authorizing groundwater withdrawals for 

phosphate rock mining and fertilizer manufacturing. The WUP was a 

renewal with modification, reduced total permitted quantities and 

combined seven of Mosaic’s existing WUPs into a single Integrated 

WUP. On February 23, 2012, the District received Petitioners’ 

petition challenging the WUP. On March 9, 2012, the petition was 

referred to the Division of Administrative Hearings and was assigned 

Case No. 12-1043. On March 20, 2012 DOAH entered an Initial 

Order concerning scheduling matters, to which the parties filed a 

Joint Response on March 26, 2012. On March 27, 2012 the District 

received the Notice of Hearing and Order of Pre-Hearing 

Instructions. On April 2, 2012, Petitioners filed a request to 

reschedule the final hearing, which is currently scheduled for August 

6-10, 2012. On April 4, 2012, Mosaic filed a response to the Motion 

to Reschedule, objecting to rescheduling the final hearing. The 

District concurred with Mosaic’s position. A telephonic hearing on the 

Motion to Reschedule was set for April 16, 2012. On April 16, 2012, 

Petitioners’ Motion to Reschedule the Hearing was cancelled in that 

the conflict with the final hearing date had been resolved. 

On April 5, 2012, Mosaic moved to dismiss the Petition for Hearing 

filed by the Petitioners based on a lack of standing, to which the 

District did not object. On April 12, 2012, Petitioners submitted a 

Response to Mosaic’s Motion to Dismiss and Motion for Leave to 

Amend Petition. On April 19, 2012 Mosaic responded to Petitioners’ 

Motion for Leave to Amend Petition, stating that it did not object to 

Petitioners’ request to amend the petition so long as it had 20 days 

to file any responsive motions. Also on April 19, 2012, the parties 

held a joint resolution session in an effort to resolve the matter, but

29 


12 

were unable to reach any resolution. On April 23, 2012 an Order was 

entered granting Petitioners’ Motion for Leave to Amend Petition and 

allowing Mosaic and the District 20 days to file any responsive 

motions. 

On April 25, 2012, Mosaic served its First Sets of Interrogatories and 

First Requests for Production of Documents upon Petitioners. 

On May 17, 2012, the Parties filed a joint request for a more specific 

discovery schedule, which was granted on May 17, 2012. On May 

25, 2012, Petitioners responded to Mosaic’s first set of 

interrogatories and requests for production of documents. On May 

30, Mosaic took the deposition of the Petitioners’ corporate 

representatives. On May 31, 2012, the Parties filed their preliminary 

witness lists. 

On June 6, 2012, Petitioners' Request for Production to Mosaic 

Fertilizer, LLC, Petitioners' Request for Production to the District, 

Notice of Serving Interrogatories to the District, and Notice of 

Serving Interrogatories to Mosaic Fertilizer were filed. On June 21, 

2012, Petitioners' Requests for Admission to District was filed. 

On June 22, 2012, each party served its Final Witness List. 

Several depositions of the District’s and Petitioners’ witnesses 

have occurred. 

On July 3, 2012, SWFWMD filed a Motion for Continuance of the 

final hearing in this matter. Mosaic joined in the District’s 

Motion but it was opposed by Petitioners. On July 5, 2012, a 

hearing was held on the Motion for Continuance and the 

Administrative Law Judge continued the final hearing, which is 

likely to be rescheduled sometime in January or February 2013. 

The parties are required to provide the Administrative Law 

Judge with their availability for final hearing during that time 

period as well as a newly-proposed discovery schedule no later 

than July 12, 2012. 

The Parties continue to disagree regarding the scope of 

discovery in this case. Mosaic has filed several motions in that 

regard. On July 6, 2012, the District, in responding to 

Petitioners’ first set of written discovery, has also filed 

objections to portions thereof. A hearing is been scheduled for 

July 25, 2012 on those objections. 

On July 11, 2012, Mosaic Fertilizer, LLC's Responses to 

Petitioners' Interrogatories to Respondent Mosaic Fertilizer, 

Mosaic Fertilizer's Response to Petitioners' Request for 

Production and Mosaic Fertilizer, LLC's Notice of Serving 

Responses to Petitioners' Interrogatories to Respondent

30 


Highway 60 and 

301 Center, Inc. 

v. Big Bend 

Center, LLC, 

Enterprise 

Holdings, Inc. and 

SWFWMD/Case 

No. 12-002021 

Tenika Blount v. 

SWFWMD/Case 

No. 2011-014441 

13th Judicial Circuit, 


R. Moore Petition for Administrative 


44003983.008 

J. Ward/M. 

Roper 

MISCELLANEOUS 


Complaint and Demand for Jury 

Trial related to a motor vehicle 

accident involving a District 

vehicle 

13 

Mosaic Fertilizer were filed. 

On January 11, 2012, the District issued an ERP (.007 permit) to Big 

Bend Center, LLC (Big Bend) for construction of a project known as 

the Enterprise Project. On May 4, 2012, the District received a 

petition challenging the .007 permit from Highway 60 and 301, 

Center Inc. (Highway). On May 9, 2012, the District issued an Order 

of Dismissal Without Prejudice, granting Highway 14 days to submit 

a sufficient amended petition. 

On May 18, 2012, Highway filed an Amended Petition for Formal 

Administrative Hearing, or Alternatively Petition to Revoke Permit 

with the District. On May 25, 2012, the District received Big Bend’s 

permit application modifying the .007 permit. 

On June 11, 2012, the challenge to the .007 permit was referred 

to the Division of Administrative Hearings (DOAH) and was 

assigned Case No. 12-002021. On June 12, 2012, the District 

issued an ERP that replaced the .007 permit (.008 permit). On 

June 19, 2012, the District filed a Motion to Relinquish 

Jurisdiction concerning the challenge to the .007 permit, since 

the challenge was now moot. On June 28, 2012, Highway filed 

its response to the District’s Motion to Relinquish Jurisdiction, 

along with its Second Petition for Formal Administrative 

Hearing, or Alternatively Petition to Revoke Permit challenging 

the .008 permit. A case management conference was held on 

July 6, 2012, and the District’s Motion to Relinquish was denied. 

The matter is going forward on Highway’s challenge to the .008 

permit. 

On November 21, 2011, the District was served with a complaint 

filed in Circuit Court in Hillsborough County seeking damages for 

personal injuries allegedly suffered by the plaintiff, Tenika Blount, in 

an automobile accident involving a District vehicle. According to the 

allegations of the complaint, Blount was driving on Busch 

Boulevard in Tampa on March 14, 2011, when she was involved in 

an automobile accident with a District vehicle being driven by a 

District employee. The complaint alleges that the employee’s 

negligence caused the accident, and that as a result, Blount 

suffered various injuries. Costs of repair to the District vehicle were 

$693.42. Blount claimed $85,000.00 in damages for her alleged 

personal injuries. 

The District forwarded the complaint to its insurance carrier, which 

subsequently assigned counsel to defend the District against

31 


Bradshaw, Chester 

J. and Charles E. 

Strange, Jr., v. 

SWFWMD/Case 

No. 2011 CA 4011 

Branch Banking 

and Trust Co v. 

Krueger, Joseph 

M., et al./Case No. 

2010 CA 001200 


Citrus County 


Sumter County 

14 

Blount’s claim. The carrier appointed counsel filed an answer to the 

complaint, and made an initial offer of settlement to Blount for 

$5,000.00, which resulted in Blount reducing her demand to 

$75,000.00. The District’s outside counsel then offered $10,000.00 

to settle, but Blount also rejected this offer. However, Blount 

reduced her personal injury damages demand to $32,500.00, along 

with a claim for $1,710.77 for property damage. 

In December 2011, the District’s counsel served a formal proposal 

for settlement for $10,000.00, which will entitle the District to an 

award of attorney’s fees if Blount ultimately receives a judgment 

that is 25% less than the amount of the settlement proposal (i.e., 

$7,500.00), or less. The parties are currently conducting discovery, 

and it is anticipated that mediation will occur upon completion of 

discovery. 

J. Ward Complaint for Declaratory Relief On October 19, 2011, the District was served with a Complaint for 

Declaratory Relief. Plaintiffs’ complaint seeks declaratory relief 

against the District on grounds the District owns certain real 

property identified as the Potts Preserve and Flying Eagle ranches. 

The specific relief sought consists of a declaration that portions of 

the properties are sovereignty lands, rather than being subject to 

District ownership, and an order requiring the District to remove all 

fences, signs, and barriers on sovereignty lands in Potts Preserve 

and Flying Eagle. On December 14, 2011 the District filed a motion 

to dismiss the complaint. On April 20, 2012, a hearing was held on 

the District’s motion to dismiss. The court granted the District’s 

motion to dismiss. Plaintiffs filed an Amended Complaint on 

June 4, 2012, adding DEP as a defendant in the case. The 

District filed a motion to dismiss the amended complaint on 

June 27, 2012. 

J. Ward Foreclosure complaint against 

Joseph M. Krueger, Joanne 

Suggs Krueger, et al., against 

whom the District has a judgment 

with regard to an enforcement 

action 

This is a foreclosure proceeding relating to the Suggs ERP 

enforcement matter (see detailed description in “Appeals” section 

below). Joseph Krueger was a former owner of one of the 

properties on the Suggs master parcel. On October 8, 2010, this 

foreclosure proceeding was filed by the lender holding the note on 

that particular property. The District is named as a defendant only 

because it recorded a final judgment placing a lien against the 

subject property. The District’s interest in the property is 

subordinate to the foreclosing lender’s interest. The District filed an 

answer to the complaint on October 26, 2010. On December 3, 

2011, the court issued an order to show cause as to why the case 

should not be dismissed for lack of prosecution. By order dated 

January 27, 2012, the plaintiff is required to appear before the court 

on April 4, 2012, to show cause as to why the case should not be 

dismissed. The plaintiff canceled the hearing on its motion for


Maguire, Raymer 

F., III and 

Charlotte E., M.D., 

as Trustees of the 

Raymer F. 

Maguire Trust v. 

SWFWMD, et 

al./Case No. 10- 

609 GCS 

Mudd, Marcia, et 

al. v. SWFWMD, et 

al./Case No. 

2006CA-001537- 

0000 

32 




Polk County 

J. Ward Suit seeking declaratory judgment 

re tax certificates 

D. Scott/J. 

Ward 

Complaint for Inverse 

Condemnation and Continuing 

Trespass 

15 

summary judgment, and has initiated discussions with the District 

regarding settlement. The plaintiff is currently contemplating 

settlement options. 

On November 3, 2010, the plaintiffs filed their amended complaint 

suing several governmental defendants, including the District, 

seeking a declaratory judgment and damages for payments made 

plus interest in connection with their purchase of tax certificates 

with respect to properties located in Highlands County. The 

District filed it answer to the complaint on November 22, 2010, 

and joined in the co-defendants’ motion to dismiss for lack of 

standing. The District is not the primary defendant in the case, 

and has only been included because it received some revenue 

from the sale of the tax certificates. After the amended complaint 

was dismissed, the plaintiffs filed a second amended complaint, 

and the defendants again moved to dismiss. On November 9, 

2011, the plaintiffs’ second amended complaint was dismissed. 

The plaintiffs appealed and that appeal is currently pending (see 

“Appeals”). 

On February 1, 2010, multiple property owners filed a Third 

Amended Complaint asserting an inverse condemnation claim 

against the District and the City of Lake Wales. Polk County and 

DEP were previously defendants, but were voluntarily dismissed 

by the plaintiffs’ counsel. The plaintiffs allege that wastewater 

reuse facilities operated by Lake Wales and constructed pursuant 

to a cooperative funding agreement with the District, resulted in 

temporary flooding to their homes, which border Lake Belle in 

Polk County. The District’s cooperative funding agreement 

includes an indemnification provision whereby the City agreed to 

indemnify the District for any claims arising from the treatment 

facility. The District answered the complaint and filed a motion for 

summary judgment on February 26, 2010, asserting lack of 

liability as a matter of law. The court denied the District’s motion, 

and on December 1, 2010, granted the plaintiffs leave to file a 

Fourth Amended Complaint. The District filed its answer to the 

Fourth Amended Complaint and the parties participated in 

mediation, which resulted in an impasse. Discovery is ongoing, 

with depositions of the plaintiffs and their experts upcoming. The 

liability trial is scheduled for May 2012. At the request of the 

plaintiffs, and upon agreement by codefendant the City, the 

parties filed a joint motion to continue the trial to October 2012. 

The court granted the motion, rescheduling the trial to October 8, 

2012. The parties are conducting discovery in preparation 

for the October trial. 

SWFWMD v. 10 th Judicial Circuit, R. Neill, Jr./ Petition in Eminent Domain The Lake Hancock Lake Level Modification Project is critical in the


Coscia, Steven P. 

and Becky G., et 

al./Case No. 

2011CA-006247- 

117P-00 

SWFWMD v. King, 

M. Lewis, Hancock 

Lake Ranch, et al./ 

Case No. 2011CA- 

000665-111P-00 

33 

SWFWMD v. King, 

M. Lewis, Hancock 

Lake Ranch, LLC, 

et al/Case No. 53- 

2012-CA-001123 

Polk County J. Ward (Parcel No. 20-503-117-P) District's strategies for meeting the minimum flows in the upper 

Peace River. The goal of the project is to store water by raising the 

control elevation of the existing outflow structure on Lake Hancock 

from 98.7 to 100.0 feet and to slowly release water during the dry 

season to help meet the low flow requirements in the upper Peace 

River. On January 31, 2012, the District filed its Petition in Eminent 

Domain and Declaration of Taking, seeking to acquire an 18.39 

acre inundation easement on an approximately 83 acre property in 

connection with implementation of the Project. The District served 

initial discovery requests and the parties are exploring the 

possibility of agreeing to an order of taking without the necessity of 

a hearing. The order of taking hearing is currently set for May 8, 

2012. The parties have stipulated to a compensation floor and an 

order of taking. On April 18, the court entered a stipulated order of 

taking. At the June 21 mediation, the parties settled the issue 

of just compensation. A stipulated final judgment will be 

submitted and the parties are attempting to resolve the issue 

of the landowners’ costs. 


Polk County 


Polk County 

R. Neill, Jr./ 

J. Ward 


J. Ward 

Petition in Eminent Domain 

(Parcel No. 20-503-111-P) 


(Parcel No. 20-503-111-P) 

16 

On March 28, 2011, in connection with its Lake Hancock Lake 

Level Modification Project, the District filed its Petition in Eminent 

Domain and Declaration of Taking with regard to an 18.5 acre 

easement on a 75.44 acre property. During the litigation, it became 

apparent that the language of the easement, as described in the 

Governing Board’s Resolution authorizing eminent domain 

proceedings, needed to be amended to make clear that the 

inundation easement would be intermittent, rather than perpetual. 

After amending the language of the easement through an Amended 

Resolution, the District moved to amend the Petition on June 15, 

2011. The court granted the motion on July 18, 2011, and the 

District filed an amended petition. The property owners moved to 

dismiss the amended petition on grounds the eminent domain 

proceeding was commenced prior to approval of the amended 

Resolution. The court granted the motion to dismiss, and on 

October 28, 2011, the District filed its Second Amended Petition. 

The owners again moved to dismiss, and the court granted the 

motion. On January 23, 2012, the District filed notice of declining to 

further amend, asserting that the existing Petition is legally 

sufficient, but opting to commence new proceedings with respect to 

this property (see below). 

On March 1, 2012, in connection with its Lake Hancock Lake Level 

Modification Project, the District filed its Petition in Eminent Domain 

and Declaration of Taking, and served written discovery requests to 

the property owners. On May 21, 2012, the court entered a 

stipulated Order of Taking. The parties are preparing for the

34 


SWFWMD v. Lake 

Hancock Partners, 

LLLP, f/k/a Lake 

Hancock Property, 

(a/k/a Rogers 

Trust) etc., Case 

Nos. 2011CA- 

001160-118P-00 

and 2011CA- 

001160-108P-00 

SWFWMD v. 

Quintana-Alcocer, 

Elia, et al./Case 

No. 53-2010-CA- 

05262 

SWFWMD v 

Stanton, William 

H., Jr. and Brandy 

Lee, et al/Case 

No. 2010CA- 

004509-209P-00 


Polk County 


Polk County 


Polk County 


J. Ward 


J. Ward 


J. Ward 


(Parcel Nos. 20-503-118-P and 

20-503-108P) 


(Parcel No. 20-503-177-P) 


(Parcel Nos. 20-503-209-P and 

20-503-210-P 

17 

compensation trial. Mediation is scheduled for August 30, 2012 

to attempt to settle the issue of just compensation. 

On May 2, 2011, in connection with its Lake Hancock Lake Level 


and Declaration of Taking regarding a 93 acre easement on a 700 

acre property. On July 18, 2011, the District’s motion to amend the 

Petition was granted. The property owner moved to dismiss the 

amended petition on August 1, 2011, and the court granted the 

motion on September 30, 2011. On October 28, 2011, the District 

filed its Second Amended Petition. The owner moved to dismiss, 

and on January 4, 2012, the court granted the motion. On January 

9, 2012, the District provided notice to the property owners of intent 

to commence new eminent domain proceedings using easement 

language approved in the amended Resolution. On January 23, 

2012, the District filed its notice of declining to further amend. On 

March 2, 2012, the parties attended mediation and settled the issue 

of compensation for the taking. The parties are currently negotiating 

costs and will hold a costs hearing on August 6, 2012 if unable to 

resolve the issue. 

On July 6, 2010, in connection with its Lake Hancock Lake Level 


and Declaration of Taking with respect to a 4.77 acre easement on 

a 6.04 acre property. The parties subsequently agreed to an order 

of taking, and on November 2, 2010, the court entered a Stipulated 

Order of Taking. The issue of just compensation for the property 

taken remains pending. The District is procuring an appraisal of 

the property for purposes of assessing the value of the 

easement being taken. 

On July 6, 2010, in connection with its Lake Hancock Lake Level 


and Declaration of Taking with respect to a 35 acre easement on a 

304 acre property. On October 1, 2010, the court entered a 

Stipulated Order of Taking. Following a trial on compensation, the 

jury returned a verdict on May 27, 2011, awarding the property 

owners $706,650 as compensation for the taking. Final judgment 

was rendered on June 7, 2011, and the District timely filed a notice 

of appeal on grounds the trial court failed to provide a necessary 

jury instruction and verdict form. That appeal remains pending (see 

“Appeals”). However, the parties recently filed, and the court 

granted, a motion to relinquish jurisdiction to allow the entry of a 

stipulated amended judgment to settle the case. The court entered 

a stipulated Amended Final Judgment on May 2, 2012. The


In re Sabal Palm 

Point Homeowners 

Association & 

Sabal Palm Point 

Subdivision, in 

Connection with 

MSSW 

43010245.001 

In re Sabal Palm 

Point Homeowners 

Association & 

Sabal Palm Point 

Subdivision, in 

Connection with 

ERP Applications 

43010245.002 & 

.003 

35 

M. Moore Verified Complaint & Request for 

Enforcement pursuant to 

§403.412, F.S. 

M. Moore Verified Complaint & Request for 

Enforcement pursuant to 

§403.412, F.S. 

18 

parties are attempting to resolve the Stantons’ attorneys’ 

costs claim. 

On March 10, 2012, counsel for Rachel Wray, individually & on 

behalf of other similarly situated members of the Sabal Palm Point 

Homeowners Association (HOA) and the Coalition to Protect 

Lemon Bay, emailed to the District and Charlotte County a verified 

complaint pursuant to the Environmental Protection Act of 1971 

(§403.412, F.S.), alleging violations of the Management and 

Storage of Surface Waters (MSSW) permit issued by the District 

and seeking enforcement by the District and the County. The 

complaint alleges that the HOA has not properly maintained the 

surface water management system, unlawful structures have been 

constructed and require removal, and the subdivision must be 

replatted. The District investigated the allegations in the complaint 

and on April 11, 2012, provided its response to the plaintiffs. 

District staff is continuing to address any compliance matters 

identified. 

On March 19, 2012, counsel for Rachel Wray, individually & on 

behalf of other similarly situated members of the Sabal Palm Point 

Homeowners Association (HOA) and the Coalition to Protect 

Lemon Bay, emailed a verified complaint to the District and the 

Dept. of Environmental Protection (DEP) pursuant to the 

Environmental Protection Act of 1971 (§403.412, F.S.), alleging that 

the existing dock operated by the HOA was constructed on 

sovereignty state lands without regulatory authorization, and that 

the ERP applications for a new dock and a replacement dock for 

the subdivision contained errors and omissions that rendered the 

applications unpermittable. The complaint seeks to have DEP take 

enforcement action on the HOA’s existing dock and assume 

regulatory jurisdiction for any proposed dock projects. A 

Supplement to the Verified Complaint along with a Supplemental 

Declaration was received by e-mail on April 17, 2012. On April 20, 

2012, the District provided its response to the plaintiffs’ original 

complaint. On May 16, 2012, the District responded to the 

Supplement to the March 18, 2012 Verified Complaint and Request 

for Enforcement Action. District staff continues to review the 

pending permit application and is considering information provided 

by the complainant in its review. In June 2012, Petitioner Mrs. 

Wray and her attorney appeared before the Governing Board 

on this matter.

36 


Peter Geraci v. 

Florida 

Department of 

Agriculture and 

Consumer 

Services, Case 

No. 12-1493 

Division of 


Hearings 

A. 

Brennan/M. 

Moore 

Challenge to Binding 

Determination regarding 

Agricultural Exemption provided in 

Section 373.406(2), F.S. 

19 

In October 2010, the District Governing Board authorized the Office 

of General Counsel to initiate litigation against Peter A. Geraci 

(Owner) and any other appropriate parties to obtain compliance, a 

monetary penalty, and recovery of District enforcement costs, court 

costs, and attorney’s fees concerning unauthorized activities 

conducted in 2008 on Owner’s property in Manatee County (the 

Property). The unauthorized construction activities involved 

dredging and filling impacts to wetlands on the Property and to a 

portion of Owen Creek that flows through the Property without the 

required environmental resource permit. An Administrative 

Complaint and Order (ACO) was served on Owner on March 2, 

2011, and on May 19, 2011 Owner submitted a timely Answer to 

the ACO and requested a formal administrative hearing. The matter 

was referred to and is currently pending before the Division of 

Administrative Hearings. See, SWFWMD v. Geraci, Case No. 11- 

4509, Enforcement Cases in Active Litigation, above. 

As part of the ongoing administrative proceedings, on January 18, 

2012, the District requested from the Florida Department of 

Agriculture and Consumer Services (FDACS) a binding 

determination as to whether the activities on the Property were 

exempt from environmental resource permitting requirements 

pursuant to the agricultural exemption provided in Section 

373.406(2), F.S. On March 22, 2012, FDACS issued its binding 

determination, finding that the activities conducted on the Property 

were not exempt from permitting requirements. Owner indicated 

that he intended to challenge FDACS’ binding determination. 

Because the District requested the binding determination from 

FDACS and because the outcome of any such proceedings have 

the potential to impact the District’s underlying lawsuit against 

Owner, intervention in any challenge to the binding determination 

would be necessary to preserve the District’s interests. On April 24, 

2012, the District Governing Board authorized intervention in any 

proceeding initiated by Owner or any other appropriate parties 

against FDACS with respect to the March 22, 2012 binding 

determination. 

On April 12, 2012, Owner filed a Petition for Formal Administrative 

Hearing with FDACS, challenging the binding determination. On 

April 19, 2012, FDACS referred the matter to the Division of 

Administrative Hearings to conduct a formal hearing. On April 23, 

2012, the ALJ issued an Initial Order. On May 2, 2012, the District 

filed its Petition for Leave to Intervene in the proceeding. 

On May 21, 2012, an Order Granting Petition to Intervene was 

entered. On June 5, 2012, the District served its first request for 

production of documents and interrogatories on Geraci. Geraci

37 


Joseph E. 

Zagame, Jr. v. 

Florida 

Department of 

Agriculture and 

Consumer 

Services and 

SWFWMD, Case 

No. 12-1356 

Division of 


Hearings 

R. Moore/M. 

Moore 

Challenge to Binding 

Determination regarding 

Agricultural Exemption provided in 

Section 373.406(2), F.S. 

20 

has yet to file his responses to the District’s first request for 

production of documents and interrogatories. The final hearing 

is currently scheduled for August 28 and 29, 2012. 

In December 2010, the District Governing Board authorized the 

Office of General Counsel to initiate litigation against Ramaela of 

Clermont, LP (Owner) and any other appropriate parties to obtain 

compliance, a monetary penalty, and recovery of District 

enforcement costs, court costs, and attorney’s fees concerning 

unauthorized activities conducted in 2007 on Owner’s property in 

Sumter County (the Property). The unauthorized construction 

activities involved dredging and filling impacts to wetlands on the 

Property without the required environmental resource permit (ERP). 

On January 4, 2011, the Owner submitted an ERP, application 

number 643440, to the District concerning the unauthorized 

activities. The District issued a request for additional information to 

Owner on February 1, 2011. The ERP application is currently on an 

extension of time to provide the requested information. 

On November 14, 2011, the District requested from the Florida 

Department of Agriculture and Consumer Services (FDACS) a 

binding determination as to whether the activities on the Property 

were exempt from ERP requirements pursuant to the agricultural 

exemption provided in Section 373.406(2), F.S. On April 13, 2012, 

FDACS issued its binding determination, finding that the activities 

conducted on the Property were not exempt from permitting 

requirements. On March 5, 2012, Owner filed a Petition for Formal 

Administrative Hearing (petition) with FDACS, challenging the 

binding determination. FDACS, on March 8, 2012, issued an order 

dismissing Owner’s petition with leave to file an amended petition. 

On April 6, 2012, Owner filed an amended petition with FDACS. 

On April 16, 2012, FDACS referred the matter to the Division of 

Administrative Hearings (DOAH) to conduct a formal hearing. 

Because the District requested the binding determination from 

FDACS and because the outcome of any such proceedings have 

the potential to impact the District’s ability to administer and enforce 

its ERP requirements and the active compliance and enforcement 

action against Owner, intervention in any challenge to the binding 

determination would be necessary to preserve the District’s 

interests. On April 24, 2012, the District Governing Board 

authorized intervention in any proceeding initiated by Owner or any 

other appropriate parties against FDACS with respect to the April 

13, 2012 binding determination. 

On May 9, 2012, the District filed its Petition for Leave to Intervene 

in the DOAH proceeding. DOAH granted the District’s request to


Arrowhead 

Citizens Assn., Inc. 

v. Dept. of 

Environmental 

Protection & 

SWFWMD/Case 

No. 5D12-540 

38 

Fifth District Court of 

Appeal 

APPEALS 


M. Moore Appeal of DEP’s dismissal with 

prejudice of Arrowhead Citizens 

Association, Inc. Amended 

Petition for Hearing 

21 

intervene on May 10, 2012. The hearing is set for July 10, 2012, in 

Leesburg, Lake County, Florida. 

On May 16, 2012, the District filed its Motion to Dismiss. On May 

23, 2012, FDACS filed its Response in Opposition to the District’s 

Motion to Dismiss. On May 24, 2012, DOAH issued its Order 

denying the District’s Motion to Dismiss. On May 24, 2012, the 

Owner filed a motion titled “Petition Objecting to SWFWMD Petition 

for Leave to Intervene,” DOAH denied Owner’s motion on June 

13, 2012. 

On June 29, 2012, Petitioner requesting a continuance of the 

hearing. On July 2, 2012, DOAH granted Petitioner’s request 

and the hearing is scheduled for August 8, 2012. Depositions 

in this matter were held on July 11, 2012. 

On September 15, 2011, the Department of Environmental 

Protection (DEP) issued a notice of intent to issue an 

Environmental Resource Permit to the District authorizing 

construction of a new access road and tie-back berm associated 

with Structure S-353 on the District’s Potts Preserve property. On 

October 3, 2011, DEP received from Arrowhead Citizens Assn., 

Inc. a petition for an administrative hearing on the DEP’s proposed 

agency action. On November 4, 2011, DEP dismissed the petition 

as incomplete, with leave to amend. On November 21, 2011, DEP 

received an amended petition. On January 13, 2012, DEP issued a 

final order dismissing the amended petition with prejudice. On 

February 8, 2012, Arrowhead Citizens Association filed a Notice of 

Appeal. Arrowhead Citizens filed its initial brief on April 16, 2012. 

On April 23, 2012, Southwest Florida Water Management District 

filed a Notice of Appearance of Counsel and Motion to Correct 

Style of Case to add the District as a named Appellee. The Court 

entered its Order granting the Motion to Correct Style of Case to 

include SWFWMD as an Appellee. Appellant filed its initial brief on 

April 17, 2012, but failed to serve a copy on the District. Due to this, 

the District requested an extension of 20 days in which to serve its 

answer brief. On May 8, 2012, the Court ordered an enlargement of 

time for service of Appellee, SWFWMD, to file its Answer Brief. The 

Answer Brief of Appellee Florida Department of Environmental 

Protection was served on May 7, 2012. The District’s brief was 

served on May 29, 2012. Arrowhead filed Reply Briefs to DEP’s 

and the District’s Answer Briefs. 

On June 6, 2012, Arrowhead moved to substitute its filed briefs 

with re-typed documents prepared in the Times New Roman

39 


Hames, Cedar and 

Nora H. Scholin v. 

SWFWMD, et 

al./Case No. 2D11- 

1817 

Maguire, III, 

Raymer F. and 

Charlotte E. 

Maguire, M.D. as 

Trustees of the 

Raymer F. Maguire 

Trust v. SWFWMD, 

et al./Case No. 

2D11-6317 

Second District 

Court of Appeal 



D. Graziano/ 

J. Ward 

Appeal of Final Judgment 

entered in Manatee County 

Circuit Court Case No. 2007 CA 

001649 

J. Ward Notice of Appeal of Order 

Granting Defendant’s, Sun ‘N’ 

Lake of Sebring Improvement 

District, Motion to Dismiss 

Plaintiffs’ Second Amended 

Complaint; and Denying All Other 

Motions As Moot rendered 

November 9, 2011 

22 

Font 14 required by appellate rules, which was granted by the 

court on June 12, 2012. The corrected documents were re-filed 

on June 25, 2012. 

In 2007, after the District denied their ERP application to construct 

eight single-family residences on eight platted lots consisting 

largely of submerged bay bottom, the plaintiffs filed an inverse 

condemnation suit contending that they have a statutorily vested 

right to bulkhead and fill the lots, and therefore the permit denial 

constituted a taking of their property. The plaintiffs claimed 

damages exceeding $5,000,000. 

The District defended the claim by arguing that (1) the plaintiffs did 

not have a statutory right to bulkhead and fill because they obtained 

title after the pertinent statute was repealed, and (2) the plaintiffs’ 

claim was not ripe for judicial review because they did not submit a 

meaningful application that would enable the District to determine 

the extent of permissible development since the plaintiffs failed to 

propose any mitigation or practicable design alternatives for their 

proposed project. 

Following trial in December 2010, the trial court entered final 

judgment in favor of the District; the plaintiffs appealed on April 5, 

2011. The District filed an answer brief and a cross-appeal on an 

issue that it unsuccessfully raised early in the case by summary 

judgment motion: that plaintiffs’ claim is time-barred by statute, 

because they did not filed their claim within 30 days of permit 

denial. The appeal was fully briefed as of March 5, 2012. Oral 

argument occurred on May 16. On June 15, 2012, the appellate 

court ruled in favor of the District, fully affirming the trial 

court’s final judgment. On July 2, 2012, the plaintiffs filed a 

motion for rehearing. The District’s response to the motion 

must be served by July 17. 

In November 2010, the plaintiffs sued several governmental 

defendants, including the District, seeking a declaratory judgment 

and damages for payments made plus interest in connection with 

their purchase of tax certificates with respect to properties located 

in Highlands County. The complaint and amended complaint were 

both dismissed for lack of standing. On December 7, 2011, the 

plaintiffs appealed and their initial brief is due to be served by 

March 16, 2012. By order dated April 13, 2012, the plaintiffs’ were 

granted an extension to April 30 to serve their initial brief. The 

various defendants filed answer briefs in June, and on June 

29, 2012, the District filed a notice of joinder in co-defendant 

Sun ‘N Lake Improvement District’s answer brief.

40 


Suggs, Danny 

Joseph v. 

SWFWMD/Case 

No. 5D10-3786 

Suggs, Gary Dale 

v. SWFWMD/Case 

N. 5D11-253 

SWFWMD v. 

Stanton, William H. 

and Brandy Lee, et 

al./Case No. 2D11- 

4211 


Appeal 


Appeal 



J. Ward 

J. Ward 

J. Ward/R. 

Neill, Jr. 

Appeal of Sumter County Court’s 

Order on Plaintiff’s Post-Judgment 

Motion for Determination of 

Homestead Property Claimed by 

D. J. Suggs 

Appeal of Sumter County Court’s 

Order on Plaintiff’s Post-Judgment 

Motion for Determination of 

Homestead Property Claimed by 

G. D. Suggs 

Appeal of final order entered in 

the 10 th Judicial Circuit in and for 

Polk County, Florida – Lower 

Tribunal Case No. 53-2010-CA- 

004509 related to Parcel Nos. 20- 

503-209-P and 20-503-210-P 

23 

This appeal and the related Gary Suggs appeal arise from a longstanding 

enforcement matter concerning approximately 180 acres 

of property in Sumter County owned by the Suggs family. After 

discovering unauthorized construction activities on the property in 

2001, including dredging and filling wetlands without a permit, the 

District served an administrative complaint and order in December 

2002, and subsequently brought an enforcement proceeding 

against the Suggs family in circuit court in 2003. The defendants 

pursued a number of appeals over the next few years, after which 

the trial proceedings resumed in earnest. 

During the trial proceedings, the Suggs asserted an agricultural 

exemption defense, which resulted in a formal administrative 

hearing in January 2009. Following the administrative proceeding, 

the Administrative Law Judge ruled in favor of the District, finding 

that the Suggs could not claim the agricultural exemption. 

The District thereafter continued the enforcement process in circuit 

court. Following a bench trial in May 2009, final judgment was 

entered in favor of the District in July 2009, which included the 

assessment of substantial penalties against the Suggs defendants. 

During proceedings supplementary to satisfy the final judgment, the 

District levied on a number of vehicles owned by the Suggs 

defendants, and subsequently had the vehicles sold via sheriff’s 

auction. 

Gary Suggs and Danny Suggs both raised homestead exemptions 

to the District’s efforts to force the sale of multiple homes located 

on the property at issue. Following a hearing on the homestead 

issue, in December 2010, the trial court ruled in favor of the District 

on all but one of the homes, declining to rule on the matter until 

other matters are resolved on appeal. Gary and Danny Suggs both 

appealed the rulings on their homestead claims, and the District 

filed its answer briefs in July 2011. 

Gary Suggs’s appeal was dismissed by the appellate court due to 

his failure to comply with court orders. On June 26, 2012, the 

appellate court ruled wholly in favor of the District in Danny 

Suggs’s appeal, affirming the trial court’s order below. 

Settlement negotiations are continuing with Danny Suggs. 

Following trial on compensation, the District filed a notice of appeal 

of the final judgment on August 12, 2011, contending that the trial 

court improperly declined to instruct the jury on the issue of 

severance damages and failed to include severance damages on 

the verdict form. On December 5, 2011, the District served its initial 

brief. The property owners’ answer brief was served on March 12,

41 


CONSENT ORDERS 

(None for July 2012) 

VIOLATOR BOARD POLICY ATTORNEY VIOLATIONS STATUS 

24 

2012. The parties recently reached a settlement in the case and on 

April 19, 2012, the appellate court granted their motion to relinquish 

jurisdiction to allow the trial court to enter a stipulated amended 

final judgment incorporating the terms of the settlement. The 

parties are in the process of attempting to resolve the 

landowners’ costs claims.

RULE 

1. Initiation of Rulemaking as Mandated by 

Section 373.250, Florida Statutes, To 

Address Certain Reuse Feasibility 

Requirements for Water Use Permit 

Applications and Reuse Providers 

2. Initiation and Approval of Rulemaking to 

Amend Rule 40D-1.603, F.A.C., to Specify 

that Requests for Notices of Agency 

Action Must be Made in Writing or by 

Electronic Mail 


Amend Dover Well mitigation report 

deadline, incorporate Meter 

Reimbursement Form, and address other 

cleanup matters for Dover/Plant City 

WUCA rules 


Amend Chapter 40D-2, F.A.C., and the 

Water Use Permitting Basis of Review to 

Provide for Twenty Year Water Use 

Permits for Agricultural Users That 

Demonstrate Property Ownership or Legal 

Control of the Property for the Duration of 

the Permit 

5. Initiation and Approval of Amendments to 

Rule 40D-2.091 and 40D-2.801, F.A.C., to 

Correct the Legal Descriptions of the 

Boundaries of the Southern Water Use 

Caution Area (SWUCA) and the Most 

Impacted Area of the SWUCA 


Amend Rule 40D-2.302, F.A.C., to Adopt 

a Water Reservation for the Upper Peace 

River/Lake Hancock to help achieve 

minimum flow in the Upper Peace River 


Amend Chapter 40D-3.341, F.A.C. to 

Clarify that a Property Owner or Party in 

Legal Control of Property can 

Administratively Cancel a Well 

Construction Permit 

RULEMAKING UPDATE 

JULY 31, 2012 

PROPOSED RULES &AMENDMENTS 

INITIATION 

DATE 

NA = NOT APPLICABLE;TBD=TO BE DETERMINED 

NEXT 

SCHEDULED 

ACTION 

June 2011 Approve Rule 

Language 

August 2012 

May 2012 Effective approx 

August 2012 

TBD Initiate and 

Approve 

August 2012 Initiate and 

Approve 

August 2012 

Sept 2011 Effective approx 

August 2012 

TBD Initiate and 

Approve 


Approve 

August 2012 

42 

BOARD 

PROJECTED/ 

APPROVED DATE 

August 2012 

May 2012 

TBD 

August 2012 

Sept 2011 

TBD 

August 2012

RULE 


Amend Rule 40D-4.331, F.A.C., to Specify 

the Date from which an Extension of an 

Environmental Resource Permit (ERP) is 

Calculated and Clarify When the ERP 

Modification Short Form May be Used 



Minimum Flows for Lower Myakka River 

and Accept Report 



Minimum Flows for the Chassahowitzka 

River System and Accept Technical 

Report 



Minimum Flows for the Homosassa River 

System and Accept Technical Report 



Minimum Levels for Lake Hooker, 

Hillsborough County and Accept Technical 

Report 

13. Approval of Revisions to Previously- 

Approved Amendments to 40D-21, F.A.C., 

the Water Shortage Plan, to Reduce 

Regulatory Costs 


Amend Rule 40D-21.275, F.A.C. to Clarify 

the Noticing Requirements Pursuant to the 

Issuance of a Water Shortage Declaration 

15. Initiation of Rule Development to Amend 

the District’s Water Use Permitting Rules 

in Accordance with the Florida 

Department of Environmental Protection’s 

Statewide Effort to Improve Consistency 

between the Water Management Districts’ 

Consumptive/Water Use permitting 

Programs 

INITIATION 

DATE 

NA = NOT APPLICABLE;TBD=TO BE DETERMINED 

NEXT 

SCHEDULED 

ACTION 

April 2012 Effective approx 

August 2012 

Dec 2011 Approve revised 

language 

July 2012 

August 2012 Approve rule 

language and 

technical report 

August 2012 


Approve 

August 2012 


Approve 

August 2012 

43 

Oct 2011 Effective July 5, 

2012 

July 2012 Initiate and 

Approve 

July 2012 

April 2012 Public 

Workshops to be 

held August 15, 

16 and 21, 2012 

BOARD 

PROJECTED/ 

APPROVED DATE 

April 2012 

July 2012 

August 2012 

August 2012 

August 2012 

Oct 2011 

July 2012 

TBD


July 31, 2012 

COMMITTEE/LIAISON REPORTS 

The following reports are included for the Board’s information. 

Items56-58 

56. Environmental Advisory Committee Meeting ................................................................. 2 

The meeting was held on July 9, 2012. 

57. Well Drillers Advisory Committee Meeting .....................................................................�� 

The meeting was held on July 11, 2012. 

58. Other Liaison Reports

ENVIRONMENTAL ADVISORY COMMITTEE 

LIAISON REPORT –MICHAEL BABB 

MEETING DATE –JULY 9, 2012 

Hydrologic Conditions and Water Shortage Orders 

• Brent White, Water Use Permitting Compliance Manager, provided an overview of hydrologic 

conditions and reviewed the present drought indicators in the north, central and southern 

regions and noted most of the indicators are fluctuating within the normal range. 

• Extreme rainfall during the past month has been both beneficial and detrimental. 

• Sustainability of improvements will require continued rains through the summer months, and 

above normal rainfall will be needed to fully “reset” lakes and rivers. 

• He reminded the Committee about the Modified Phase I restrictions in the southern part of the 

District, the Phase II restrictions in the central part, and the Phase III restrictions in the north. 

District Restructuring Overview 

• Robert Beltran, Assistant Executive Director, introduced himself and provided a summary of 

the recent changes to staffing and organization at the District. 

• He presented the new organizational chart, and discussed the efficiencies gained by 

consolidating data collection activities and by centralizing regulatory activities into the Tampa 

Service Office. 

• He said the overall workforce has been significantly reduced, and the operating budget 

reduced by more than 15 percent this year and the objective is to maintain or improve level of 

service. 

• Mr. Beltran outlined the District’s priorities which include creating a sustainable water supply, 

FARMS program implementation, stormwater improvement and cooperative funding. 

• He discussed cooperative achievements in the area of alternative water supplies and reuse, 

and answered questions about statewide rulemaking activities. 

Rulemaking Update 

• Laura Donaldson, General Counsel, provided a rulemaking update summarizing a number of 

recent rule amendments primarily focused on cleanup, clarifying, streamlining and 

consistency. 

• She described the Statewide Environmental Resource Permitting (SWERP) rulemaking 

efforts, and informed the Committee of the webinar workshops and release of the draft rule on 

July 12. 

• She spoke about the Consumptive Use Permitting Consistency (CUPCon) rulemaking efforts 

and invited members to attend upcoming workshops. 

• Ms. Donaldson addressed questions about minimum flows and levels on the Myakka River 

and the Rocky Creek system. 

2012 Legislative Session Impacts 

• Cara Martin, Community Affairs Manager, provided a summary of the bills that passed and 

discussed the impacts of the legislation on the District. 

• SB1986 removes ad valorem caps and provides for legislative review; HB639 clarifies that 

reclaimed water is not subject to regulation; HB7003 authorizes adoption of statewide ERP 

rules; and HB 503 addressed several aspects of environmental regulation. 

• She summarized HB7051 dealing with Numeric Nutrient Criteria and spoke about HB1389 

which encourages partnerships with private landowners for water storage and water quality 

improvements. 

�

Aquifer Storage & Recovery Technology/Arsenic Update 

• Don Ellison, Senior Professional Geologist, provided an overview of ASR and arsenic control 

measures. He reported on the number and type of ASR wells located in the District and their 

potential yield. 

• The release of arsenic into the aquifer is a limiting factor and a number of methods are being 

evaluated to remove dissolved oxygen from the source water prior to injection. 

• Ongoing de-gassing pilot studies in Bradenton are showing positive results and the recovered 

water is being used for potable purposes. Similar positive results are occurring at projects in 

Tampa, Polk County, Palmetto, North Port, and at the Peace River Manasota Regional Water 

Supply Authority. 

• He indicated that there has been little progress regarding ASR regulation; however, the FDEP 

is working cooperatively with the District to evaluate the new treatment methods. 

Evaluation of Irrigation Management & Nutrient Leaching 

• Dr. Chris Anastasiou, Senior Scientist, provided an update on this ongoing IFAS research 

project funded by the District. 

• The research objectives are to quantify nutrient leaching from irrigated mixed urban 

landscapes so that we are better able to model nitrogen and phosphorus cycling. He 

described the project design, timeline and budget. 

• Results will help improve our watershed models and substantiate the use of residential best 

management practices encouraged through the Florida Friendly Landscape Program. 

• Preliminary findings indicate that established deep-rooted woody ornamental plants are very 

effective at absorbing water and nutrients from soils and when combined with turf, nutrient 

utilization is maximized. 

• Committee members expressed support for continuation of IFAS research funding in the 

District’s budget. 

Surplus Lands Assessment Project 

• Joseph Quinn, Land Management Manager, provided an overview of the project which was 

initiated at the direction of the Governing Board. 

• The objective is to evaluate 261,000 acres of land solely owned and managed by the District 

to identify lands that no longer meet the original acquisition purpose or do not provide water 

resource benefits. 

• The project process and methodology includes utilizing a GIS-based application to identify the 

attributes of each parcel, evaluation by a multi-disciplinary team of staff subject matter 

experts, stakeholder and public input, and oversight from a six-member Governing Board 

subcommittee. 

Fiscal Year 2013 Cooperative Funding Program Update 

• Lou Kavouras reviewed the process and schedule for evaluating and ranking the projects. 

• She discussed the sources of District funds for projects, which include prior balances and 

reserves from former Basins and available funds from the Governing Board’s general fund. 

• The recommendations from each of the four subcommittees have been merged and are under 

consideration by the full Board for inclusion in the District’s budget. 

• She thanked the Committee members for their input into the process and encouraged them to 

continue monitoring the Board’s activities as the FY2013 budget is finalized. 

The next meeting of the Environmental Advisory Committee is scheduled for October 15, 2012 

at 1:30 p.m. in the Tampa Service Office. 

�

WELL DRILLERS ADVISORY COMMITTEES 

LIAISON REPORT –BRYAN BESWICK 

MEETING DATE –JULY 11, 2012 

Proposed Modifications to Chapter 40D-3, F.A.C., Well Construction Permit 

Stipulation #39, and well compliance inspection matrixes 

Mr. David Arnold summarized proposed modifications to Chapter 40D-3, F.A.C., to allow a 

proposed well owner/representative to request the cancellation of a well construction permit at 

their property, and to correct references within Chapter 40D-3, F.A.C., to match recent revisions 

within Section 373.326, F.S., and Chapter 62-532, F.A.C. Mr. Arnold also discussed a revision 

to Well Construction Permit Stipulation #39 that requires a well that is being replaced to be 

plugged if it is deemed abandoned or triggers an unauthorized water use situation, and provided 

recent well compliance inspection numbers/percentages. 

Proposed e-permitting changes to WMIS and WMIS Help Desk Overview 

Mr. Justin Leech summarized upcoming changes to WMIS’ “behind-the-scenes” programming 

and permit issuance, and provided an overview of how the WMIS Help Desk is designed to 

assist with the District’s e-permitting system. 

40D-3, F.A.C. rule clarification for telescoping casings and grout, liners, and variances 

Based on multiple questions from the well drilling industry, Mr. David Arnold provided 

clarifications to rules within Chapters 40D-3 and 62-532, F.A.C., that specify the use of 

telescoping casings, grout, and liners. Mr. Arnold also clarified variance language within rule 

40D-1.1001, F.A.C. 

Hydrologic Update 

Ms. Lois Sorensen discussed hydrologic conditions and program updates of interest to 

attendees including the two most stringent water shortage orders for northern and central 

portions of the District. Both of these water shortage orders are scheduled to expire on July 31, 

2012. 

Current Trends in District Drilling Contracts 

Presentations were provided by Sandie Will, Kevin Stover, and Ted Gates of the Geohydrologic 

Data Section. Items discussed included an overview of the Geohydrologic Data Section’s 

reorganization chart, responsibilities, current trends in drilling contracts, the Quality of Water 

Improvement Program’s (QWIP’s) purpose, history, procedure and exclusions, and a discussion 

of additional monitor wells constructed to expand the groundwater data collection network 

portion of the Dover/Plant City Freeze Management Plan. 

�


July 31, 2012 

EXECUTIVE DIRECTOR’S REPORT 



Item 59 

Purpose 

Staff will present an overview of the “Draft” Monthly Dashboard for the Board’s consideration 

and comment. The Dashboard is intended to provide a quick reference of financial indicators 

and performance metrics for major areas of operations. 

Background 

In an effort to further provide the Governing Board better information on the operational 

performance of the District’s key programs and goals, a Monthly Performance Metric 

Dashboard was created. The Dashboard was envisioned to provide data that would change 

on a monthly basis and give insights to the Governing Board and the public on some key 

indicators of performance. Mr. Beltran, in cooperation with staff developed “Draft” indicators 

that both show performance and overall financial status. These metrics cover Regulations, 

Resource Management, General Counsel, Chief of Staff, Operations & Maintenance, 

Inspector General and Management Services. 

Benefit/Costs 

This process provides an opportunity for the Governing Board to quickly track and 

understand some of the key indicators that District Management monitors and evaluates 

monthly. 


This item is presented for the Board’s information, and no action is required. 

Presenter: Robert R. Beltran, P.E., Assistant Executive Director 

b. Other 

Presenter: Blake C. Guillory, Executive Director

250 

200 

150 

100 

50 

Days Without an At Fault Accident 412 

Total ERP Applications 

In-house: 351 

0 

209 201 

16 

15 15 

Apr May Jun 

Average Processing Time (Days) 

ERPs Received 

ERPs Issued 

350 

300 

250 

200 

150 

100 

100 

80 

60 

40 

20 

0 

Cash Balance: $633 Million 

Reserves $203M 

Encumbrances $316M 

Carryforward FY12-13 $40M 

Remaining Cash for FY11-12 Budget $74M 

Total $633M 

72% 

236 

205 

12-month average: 

18 218 210 

8% 

Regulation 

125 

100 

75 

50 

25 

0 

Permit Compliance Status 

10% 

8% 

2% 

213 198 

Active – No Letter Sent 

Active – One Letter Sent 

Active – Two or more 

Letters Sent 

Active – in OGC 

Closed – No OGC Action 

Required 

Monthly hly Dashboard Das 

300 

200 

as of June 30 

400 00 

Revenues 

100 

460 

509 5 

$509 million 

(current budget) 

Total WUP Applications 

In-house: 201 

Long-Term Project Budget 

General Counsel 

17 

118 

100 

Jan Feb Mar Apr May Jun 

WMIS Online 

Applications 

ERP WUP WCP 

12-Month Average 

Current 

Employee 

Turnover 

100 

80 

60 

40 

20 

0 

28% 1% 

12-Month Current 

Average 

15 15 

Average Processing Time (Days) 

WUPs Received 

WUPs Issued 

138 

116 106 

94 100 

Apr May Jun 

12-month average: 

19 109 106 

20 

15 

10 

5 

0 

2.0 

1.5 

1.0 

0.5 

Office Space 

in Square Feet 

Budget 

$17M 

$6M 

$1M 

$10M 

$8M 

Regulation 

Remaining 

Budget 

Encumbered 

Spent 

Budget 

$2M 

$1M 

$1M 

0.0 

General Counsel 

Remaining 

Budget 

Encumbered 

Spent 

$$ 

0 

Expenditures 

400 

113 

100 

300 

200 

WaterMatters.org website: 

Days Without a Lost Time Injury 284 

Resource Management 

Total Number of Projects: 481 

Spend Down: $340M FY11-12 Spend Plan 

350 

300 

250 

200 

150 

100 

50 

Fleet 

1 Ton or Under 

0 

$13M 

$279M 

$48M 

13% 4% 

37% 

FY11-12 Carry Forward Total Current 

Budget Encumbrance Budget 

Regulation $15M $2M $17M 

General Counsel $2M $0M $2M 

Resource Mgmt. $61M $321M $382M 

Chief of Staff $7M $2M $9M 

Operations $23M $5M $28M 

Inspector General/ 

Mgmt. Services 

$45M $24M $69M 

Executive $1M $0M $1M 

Total $156M $353M $509M 

32% 

14% 

Chief of Staff 

Perception Survey: 

How would you rate the overall job 

Swiftmud does? 

Excellent 

Good 

Fair 

Poor 

Not Sure 

75% of those surveyed 

who had an opinion 

thought the District did an 

excellent or good job. 

June Visits: 67,199 June Unique Visitors: 49,559 

$55M 

0 

Resource 

Management 

Remaining 

Budget 

Encumbered 

Spent 

Operations, Maintenance & Construction 

FY11–12 Revenue Goals 

Inspector General/Management Services 

150,000 

100,000 

50,000 

0 

242,342 

June 

2011 

238,354 

June 

2012 

202,071 

250 

200 

150 

100 

50 

0 

DRAFT 

231 

250 

200 

150 

100 

50 

0 

191 

Goal FY2011 Current 

30 

25 

20 

15 

10 

5 

0 

To Be Encumbered 

Encumbered 

Spent 

28,000 

20,000 

8,000 

$250K 

$200K 

Public Records Requests 

12-Month Average Current 

100% 3,697 297 

80 

60 

40 

20 

0 

91% 

Closed 

within 

7 days 

88% 

Closed 

within 

7 days 

20 hours 

Median Closure 

Prescribed Fire 

Acres Burned 

FY10–11 

FY11–12 Goal 

Year to Date 

20 

15 

10 

0 

Total Acres Managed: 269,462 

60 

40 

$56K 

6 

4 

130 

114 

5 

$6K 

$5K 

23 hours 

Median Closure 

$19.05 Land Management 

$18.90 Cost Per Acre 

$7.39 

20 

$25K 

2 

10 

0 

0 

0 

Timber Cattle Leases Hog Hunts 

Total Projected Goal: $365,000 

98 

82 

66 

50 

Oct 

2011 

Jan 

2012 

30 

20 

10 

30 

20 

Apr 

2012 

Actual Projected 

Average Exp. FY09–11 

FY12 Budget 

Year to Date 

Invoice Receipt 

to Payment 

30 

Days 

$26K 

$26K 

Cell Tower 

Lease 

Jul 

2012 

20 

15 

10 

5 

0 

26 

Days 

12-Month 

Average Current 

0 

$20K 

$18K 

Billboard 

Lease 

400 

300 

200 

100 

10 

8 

6 

4 

2 

Budget 

$382M 

$40M 

$287M 

Budget 

$9M 

$3M 

Remaining 

Budget 

$2M 

Encumbered 

$4M 

Spent 

0 

Chief of Staff 

30 

25 

20 

15 

10 

5 

0 

Budget 

$28M 

$9M 

Remaining 

Budget 

$6M 

Encumbered 

$13M 

Spent 

Operations, 

Maintenance 

& Construction 

8 $7K 

6 

4 $6K 

2 

0 

Easement 

Inspection Fees 

80 Budget 

$69M 

60 $21M 

Remaining 

Budget 

40 

20 

$19M 

Encumbered 

$29M 

Spent 

0 

Inspector General/ 

Management Services


July 31, 2012 

CHAIR’S REPORT 


Presenter: Paul Senft, Chair 

Item 60

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