St. Petersburg Times
November 30, 2000 -- The city of New Port Richey and Lindrick Services Corp. have fought another round in the war for water.
The Southwest Florida Water Management District has dismissed a petition from New Port Richey that contests Swiftmud's letter approving modified water use permits to Pasco Reserve.
New Port Richey contended that Swiftmud did not follow proper procedure in issuing the permits.
Pasco Reserve is a Clearwater-based corporation applying for water use permits for two wells that would supply Lindrick Services Corp.
The city asked Swiftmud's governing board to immediately revoke the well construction permits and deny the requested modifications on the water use permits.
In a meeting Tuesday afternoon, Swiftmud's governing board "dismissed without prejudice" the city's request for an evidentiary hearing concerning Pasco Reserve's modified water use permits, saying that New Port Richey's application was incomplete.
City Attorney Tom Morrison said that the city will amend its petition by the Dec. 7 deadline ordered by the board. He called Tuesday's order a "procedural hiccup."
"We don't think that our petition is deficient, but we'll fix whatever is wrong and refile," he said.
The modifications to the permit that New Port Richey was petitioning include:
The addition of Pasco Reserve and Gulf Landings Development Corp. as co-permitees. Lindrick Services was the original applicant.
Pasco Reserve must meet the required setbacks from the septic systems that are now within 200 feet of the drinking wells.
Allegations in the city's petition included the following:
The applications for the well construction permits were not adequately published before the district issued them, so the city did not have enough notice to object to the permits before issuance.
The city owns and operates a potable water utility, including extraction wells and distribution facilities in an area immediately adjacent to Pasco Reserve's well site. A Florida statute would require Pasco Reserve to get consent from the city.
Neither Pasco Reserve nor Swiftmud sought consent from the city.
The construction permits failed to show that the wells would be located in close proximity to the city-owned wells.
The wells are located within 100 feet of one or more septic systems.
Tallahassee attorney Jake Varn appeared before the board representing Lindrick Services Corp. and Gulf Landings Development Corp., according to Swiftmud spokesman Michael Molligan. Varn said the issues New Port Richey was bringing up were not germane to water use, according to Molligan. Varn did not return calls Wednesday seeking comment.
Lindrick president Joseph Borda maintains that he has no ownership stake in Pasco Reserve. He added the names of his company to the permit because "anything that happens with Swiftmud regarding Pasco Reserve is of interest to Lindrick," Borda said Tuesday.
A Pasco County judge on Nov. 17 ordered the city of New Port Richey to issue permits to Pasco Reserve to drill two wells that would ultimately supply Lindrick.
The names of Lindrick and Gulf Landings, both companies controlled by Borda, were added Nov. 1 as "co-permitees" on applications for the permit filed with Swiftmud. Anyone can be on a permit application, according to Molligan. It does not necessarily imply ownership.
Joseph A. Dennis, who is listed as president of Pasco Reserve, did not return calls seeking comment. Peter Penza, who is listed as vice president and secretary of Pasco Reserve, also could not be reached for comment. Pasco Reserve attorney Jeffrey Paskert could not be reached.
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