the City of Pompano Beach, Florida ("City"); The Petition was granted by the Governing Board of the South Florida Water Management District on March 9, 2017. The Order (Order No. 2017-018-DS-WU) is limited to the specific information set forth in ...

 

WATER MANAGEMENT DISTRICTS

South Florida Water Management District

NOTICE IS HEREBY GIVEN that the South Florida Water Management District ("District") has issued an order disposing of the petition for declaratory statement filed by the City of Pompano Beach, Florida ("City") on December 19, 2016. The following is a summary of the agency's disposition of the petition:

The Petition was granted by the Governing Board of the South Florida Water Management District on March 9, 2017. The Order (Order No. 2017-018-DS-WU) is limited to the specific information set forth in the Petition and the City’s Consumptive Use Permit (“CUP” or “Permit”), CUP No. 06-00070-W. The District’s determination is limited to the City’s particular circumstances alleged in the Petition, not the conduct or responsibilities of the Federal Aviation Administration (“FAA”), the Pompano Beach Airpark (“Airpark”), or the City arising from purchase agreements, deeds, or other agreements between or among them. This Declaratory Statement specifically responds to the questions raised in the Petition as follows: a. A landowner does not have ownership and control of the water underlying its property solely by virtue of ownership of the overlying land. b. To obtain a CUP, an applicant must demonstrate compliance with the conditions and criteria enumerated in Section 373.223(1), Florida Statutes, Rule 40E-2.301, Florida Administrative Code, and the Applicant’s Handbook, including Sections 2.0 and 2.1. c. The only use of water authorized under the Pompano Beach Permit is for public water supply in the service area described in the Permit.

A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: the South Florida Water Management District Clerk’s Office, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext. 2087, at [phone] or via email at [e-mail].