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Wells will have to wait for zoning decision

Officials say more land is needed to supply water; some residents fear the utility is trying to pump up its size for a sale.

By DAN DeWITT
© St. Petersburg Times
published February 7, 2002


BROOKSVILLE -- To representatives of Florida Water Services, the rezoning issue was clear.

The private utility needs more well fields to pump more water so it can serve the increasing population of Spring Hill.

"This is needed," said Donald Sterns, the company's regional engineer, of its proposals to drill wells on two pieces of property.

To residents opposing the new wells, the issue seemed equally straightforward.

"These wells are being drilled for one purpose," Joe Peters, of Spring Hill, said during a break in a County Commission rezoning hearing Wednesday. The company is up for sale, he said. "And this is so Florida Water can show they have the capacity to pump more water, which will increase the sale price."

Despite these apparently clear-cut issues, the County Commission could not reach a decision by late Wednesday and, at about 6 p.m., postponed making a decision on at least one of the properties until March 6.

Commissioners said they wanted to hear more information on how the well on a 2.6-acre parcel on Carlton Street, just west of the Suncoast Parkway, would affect the value of homes in the neighborhood.

The utility, which serves most of Spring Hill, asked the commission to consider a zoning permit that would allow them to drill one well on that site and two wells on a 5-acre parcel on Suncoast Boulevard, just north of County Line road.

The company is seeking permits from the Southwest Florida Water Management District to pump an average of 940,000 gallons of water per day from the Suncoast Boulevard property and 400,000 gallons per day from the well on Carlton.

The wells were needed, the utility said, to meet the increasing demand for water in its service area. Many parts of this area have already suffered low-water pressure that can eventually leads to contamination, company representatives said.

But much of the six-hour hearing was spent discussing what issues where within the commission's jurisdiction.

Joe Mason, the lawyer representing Florida Water, said Swiftmud would decide whether the wells would adversely affect groundwater levels or encourage the formation of sinkholes as residents fear. Partly because of the experts on Swiftmud's staff, Mason said, the law states they have the exclusive right to consider these issues.

He contended the county should be hearing only typical land-use issues, such as traffic and landscaping.

County Attorney Garth Coller countered by introducing a 2001 case from Marion County. A court had upheld a decision by its commission, which considered water use in a zoning matter.

The commission, he said, should decide whether or not to hear comments on water issues.

"It's a gray area of the law," he said. "You make the call."

The commission voted to do so by a 4-1 vote, with Mary Aiken being the only commissioner who objected.

"I expect eggs, but I think I agree with Mr. Mason," she said.

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