11-3488 WASHINGTON COUNTY, v. NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT

State: Florida

Court: Florida First District Court

Docket No: 11-3488

Case Date: 03/16/2012

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA WASHINGTON COUNTY , Appellant, v. NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT, Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

CASE NO. 1D11-3488/1D11-4484

THE NORTHERN TRUST COMPANY, AS THE SOLE TRUSTEE OF THE JAMES L. KNIGHT CHARITABLE TERM TRUST, Appellant, v. NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT, AND BAY COUNTY, Appellants. _____________________________/ Opinion filed March 16, 2012. Consolidated appeals from the Northwest Florida Water Management District.

John R. Thomas, Law Office of John R. Thomas, P.A., St. Petersburg, for Appellant, Washington County. Katherine E. Giddings, Nancy M. Wallace, Jason L. Lichtstein of Akerman Senterfitt, Tallahassee; Edward Cole, Jacksonville, Douglas Manson, Manson Law Group, P.A., Tampa, for Appellant, The Northern Trust Company. Donald D. Conn, Pennington, Moore, Wilkinson, Bell & Dunbar, P.A., Tampa; and Kevin X. Crowley, Pennington, Moore, Wilkinson, Bell & Dunbar, P.A., Tallahassee, for Appellee, Northwest Florida Water Management District. Terrell Arline, Panama City, for Appellee, Bay County, Florida.

MARSTILLER, J. These are consolidated appeals from final orders of the Northwest Florida Water Management District ("District") determining that Appellants cannot administratively challenge the District's 2008 Region III Regional Water Supply 2

Plan ("Plan") pursuant to section 373.709(5), Florida Statutes. We reverse the orders insofar as they determine, as a general proposition, that the Plan is not subject to challenge under chapter 120, Florida Statutes. The District's ruling directly contravenes the plain language of section 373.709(5) permitting such a challenge if the plan, in part or in whole, affects a party's substantial interests. However, concluding that the Plan has no legal effect on Appellants' ability to challenge a consumptive water use permit granted to Bay County, we affirm the District's determination that Appellants lack standing to challenge the Plan. Statutory Framework Section 373.709, Florida Statutes, 1 calls for the state's water management districts to develop regional water supply plans for areas in which it is determined that "existing sources of water are not adequate to supply water for all existing and future reasonable-beneficial uses."

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