By Christine StapletonPalm Beach Post Staff Writer
Updated: 8:38 a.m. Thursday, Oct. 6, 2011
Posted: 9:07 p.m. Wednesday, Oct. 5, 2011
On Monday - just three days into the dry season - the legal ink-slinging over West Palm Beach's critical water supply already had begun.
County utilities director Bevin Beaudet sent an 18-page letter to the South Florida Water Management District threatening to sue the district if it continued to allow the city to draw more water from the city's emergency well field than allowed by the city's permit - potentially threatening the county's nearby water supply.
In a separate legal maneuver, district executive director Melissa Meeker sent a single-page letter to West Palm Beach Mayor Jeri Muoio strongly suggesting that the city sign an order agreeing to settle the permit violations or face fines.
"While the city was able to meet demand during the past dry season, it was accomplished in violation of (its) permit," Meeker wrote. "The district has serious concerns regarding the city's ability to meet water supply demands during the upcoming dry season due to the critical nature of its existing water supply sources and the projected levels of regional water bodies."
While the county and other cities rely on water from aquifers below ground, West Palm Beach is especially vulnerable to drought because it relies on rainwater captured in a 20-square-mile area known as the Grassy Waters Preserve. During a drought, the preserve dries up, leaving the city to depend on water from its emergency well field.
The district issued the city a permit in 2006 after the county was assured that every gallon of water pumped from the emergency well field would be replaced with a gallon of water from the city's Advanced Wastewater Treatment Plant. The plant, considered cutting edge when it opened in 2006, treats sewage water so it can be returned to the water supply.
However, the plant has been shut down for repairs and maintenance as often as it has operated in the past two years. In June, with just a three-week supply of surface water remaining, David Hanks, the city's utilities director, began tapping the emergency well field even though he knew the plant could not replenish the withdrawals.
In June, the city withdrew 607.7 million gallons from its well field but replaced only 58.1 million gallons. In July, the city drew 757 million gallons but replaced only 81 million gallons. In August, the district cited the city for violating its well field permit, but to date the city has not been fined. Under the conditions of the city's permit, the city could face fines of $10,000 a day.
Although the city has stopped pumping from its emergency well field, the county is concerned that its own well fields could be depleted if the city is allowed to pump without replenishing water from its well field during the upcoming dry season. According to Beaudet's letter, the city's pumping has already lowered water levels in regional aquifers below what would be expected based on recent rainfall. The depletion could harm wetlands and lakes, Beaudet said.
Hanks said the city is considering asking the district to remove the replenishment requirement from its permit, allowing the city to use water from other canals and to drill new wells.
County officials will meet with Hanks today to discuss the permit and the possibility of the county selling water to the city.
"The city cannot ignore our concerns," said Assistant County Administrator Shannon LaRocque. "The cumulative impacts need to be addressed."
As for the district, it sent a draft consent order to the city that outlines a strategy to address the problems.
"As of today, the District has not received a response from the city," according to an email from a district spokesman Wednesday. "The District shares the county's concerns, and their comments are duly noted."
