Board hires outside counsel to defend Alafia River permit increase challenged by Polk Regional Water Cooperative

The Tampa Bay Water Board on Monday authorized the engagement of Gunster, Yokely & Stewart to represent the agency in an administrative hearing brought by the Polk Regional Water Cooperative challenging the increase in Alafia River withdrawal authorization.

General Manager Chuck Carden told the board the Southwest Florida Water Management District issued a permit increasing the agency’s permitted Alafia River withdrawal from 10% to 19% (a net harvest of approximately 2 billion gallons compared with the prior authorization). The Polk Regional Water Cooperative filed a petition on Sept. 29 challenging that permit; the case was forwarded to the Division of Administrative Hearings on Oct. 14.

Kelly Fernandez, general counsel, explained staff sought outside firms because of potential conflicts among the number of parties involved. After a search, the board heard staff’s recommendation to hire Gunster, Yokely & Stewart; Fernandez said the primary attorneys on the matter will practice from the West Palm Beach and Tallahassee offices and that one attorney with local ties will not bill travel time for local representation. Fernandez said the firm has relevant experience in water law and administrative hearings.

Councilwoman Hanowitz asked Fernandez to summarize the conflicts and travel/fee commitments for the record. Fernandez said some firms declined due to conflicts and that Gunster was selected because of expertise and manageable conflicts.

The board moved, seconded and unanimously approved the engagement and a waiver of conflicts related to Land Reserve and Farmland Reserve issues.

Staff said the engagement is to respond to the administrative challenge and to protect Tampa Bay Water’s permitting and operational interests tied to the Alafia River withdrawal increase.