Rancher cited for letting too much water be taken

It's another struggle for Robert Thomas, who wants to allow Zephyrhills
Spring Water Co. to increase daily withdrawals from springs on his property.
By BRADY DENNIS

© St. Petersburg Times, published October 5, 2000
ZEPHYRHILLS -- For once, Robert Thomas dipped just a little too deeply into his well at Crystal Springs.

In a Sept. 15 letter, the Southwest Florida Water Management District, known as Swiftmud, cited the Thonotosassa rancher for allowing Zephyrhills Spring Water Co. to overdraw its allotment from the springs during July and August.

The water company's permit, valid through 2004, allows for withdrawal of up to 301,000 gallons daily from the springs.

But it took about 5,000 gallons a day too much during July and about 3,000 a day too much in August, said Swiftmud spokesman Michael Molligan.  Molligan said no punishment, if any, has been determined by Swiftmud.   "You have to look at it in perspective," Molligan said. "We are in the middle of emergency restrictions on water. This was occuring at a very stressful time, and we take all of that into consideration."

Penalties typically aren't imposed if a business returns to compliance quickly. Thomas responded with a letter Sept. 19 saying he had revised production to regain compliance.

Thomas said the violation was an honest mistake that stemmed from calculating the daily intake of water on a calendar-year average rather than a 12-month rolling average.

"Our discussions with Swiftmud have always been based on a calendar-year allotment," Thomas said. "As far as we knew, we were in compliance."

Molligan disagreed. He said Swiftmud has practiced the same basis of review during all 11 years of Thomas' permit, even adding language in 1993 that specifically laid out the 12-month rolling average.

By most accounts, Thomas' violation was minor. It exceeded the water company's allotment by only a fraction over 1 percent.

But it represented another struggle for Thomas in his ongoing effort to get new permits that would allow the water company to boost its daily withdrawals from the springs, which are on his Two Rivers Ranch on the Pasco-Hillsborough line and feed directly into the Hillsborough River,  Tampa's main source of drinking water.

His last request, for up to 1.8-million gallons a day, was denied in February after Swiftmud found that such a dramatic increase would deplete Tampa's drinking supply.

Thomas has challenged the decision with the 2nd District Court of Appeals in Lakeland, which has not ruled on the case.

Thomas submitted a trimmed-down request in August, but the water district is still reviewing it.

Despite his recent violation, Thomas remains adamant that the increases he wants are vital.

"I'll be out of business," Thomas said when asked what would happen if his permit was rejected again. "We're almost out of water. We are at the point where we're going to hit a wall. And the water management district just continues to meet us with a hard line."

Of course, there are plenty of environmentalists who would love to see Thomas go out of business.

Terri Wolfe, leader of the Save Our Springs coalition and a staunch opponent of Thomas', said she wasn't surprised by the recent permit violation.

"I don't believe it was an accident," she said. "I think his permit should be revoked. We're in a crisis here. The river is dying. This is Tampa's water he is screwing with."