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Swiftmud sues county over its denial of wells
By JEFFREY S. SOLOCHEK, Times Staff Writer BROOKSVILLE -- The Southwest Florida Water Management District wants Hernando County commissioners to reconsider their denial of two proposed well sites for Florida Water Services, this time without discussing matters outside the commission's jurisdiction. In a suit filed late Friday, the district argued that commissioners made their decisions based on issues -- including saltwater intrusion and sinkhole activity -- that are none of their concern. Swiftmud general counsel William Bilenky wrote that water, by statute, is regulated at the state and regional level. "If respondents' denial is allowed to stand, local governments would be able to intrude upon the district's jurisdiction and impact regional water supply," he wrote. Bilenky said in an interview that the district's technical staff found no reason to deny the wells. But county commissioners relied on their concerns about the issues, which he contended were outside the realm of county land-use decisions, to deny them. Kurt Hitzemann, the assistant county attorney handling matters relating to these wells, said he thought the commission had acted appropriately. "I think the board has made a correct decision," Hitzemann said. "I think we'll be vindicated." Hitzemann said he expected that Florida Water would file a similar case in its ongoing effort to overturn the commission's denials. The company already has appealed a circuit court decision in which Senior Judge Jim Booth denied a motion to remove the commission from its regulatory role over Florida Water. It also has petitioned the Public Service Commission to achieve the same goal. Several Florida Water customers in Spring Hill had complained about low water pressure for a few weeks before the rainy season began. The county ordered Florida Water to show that it was fulfilling its duties and had not violated its franchise. Though the complaints against the company have since ceased, the order remains in effect.
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