Select Page

Know the Facts

This website is updated regularly to address resident questions.
Updated: December 2024

Summary of Upcoming Irrigation Water Service Changes for Gran Paradiso Homeowners
Effective March 2025, Gran Paradiso will no longer have access to irrigation water from Wellen Park via the Ranch’s Water Use Permit. This decision follows years of water allocation overuse by the Gran Paradiso Property Owners Association (GPPOA), ongoing litigation over irrigation fees, and the need to preserve water resources for the broader Wellen Park community. Homeowners are advised to explore alternative irrigation water sources, including connecting their City of North Port water service to their irrigation systems.

Below, you will find the full text of the letter from Wellen Park sent to all Gran Paradiso residents explaining these changes and their context, as well as a letter from Wellen Park to all Wellen Park residents regarding the changes and their context.

Additionally, you can access a PDF of the Gran Paradiso letter, a PDF of the Wellen Park letter and a PDF of Gran Paradiso’s May 2021 newsletter addressing the issue of consistent overwatering and the need for the community to adhere to water allocation limits on page 5. Additional documents detailing irrigation issues with Gran Paradiso are available from the West Villages Improvement District at westvillagesid.org/meetings under “Additional Documents > Irrigation Documents.”

 

Wellen Park letter to Gran Paradiso residents

December 13, 2024

RE:      Wellen Park Water Use Permit Reallocation / Gran Paradiso Irrigation Litigation

Dear Gran Paradiso Homeowner,

As part of our commitment to keep you informed, we are writing to notify you about the upcoming changes to irrigation water services in your neighborhood. Thomas Ranch Intangibles, LLLP and The Ranch Operations, LLLP (the Ranch) created for Wellen Park the alternative water supply water use permit application and were issued the Water Use Permit by the Southwest Florida Water Management District. For the past three years, the Gran Paradiso Property Owners Association (GPPOA) has consistently exceeded its monthly and annual water allocation, which includes its repumpage allocation, placing undue pressure on the entire irrigation system and violating the water use permit.

Due to the impacts of such actions on the West Villages Improvement District (WVID) – to which the Ranch is an affected party – along with several other factors, the Ranch has made the decision to reallocate our Water Use Permit allocations, which will remove Gran Paradiso’s irrigation water allocations, effective March 2025. We also write to provide context surrounding this decision and the pending legal disputes initiated by Gran Paradiso.

Background on the Litigation

In November 2022, the GPPOA filed a lawsuit against the WVID after the District notified the association of its intent to suspend irrigation water services due to nonpayment of irrigation fees. The GPPOA claims that the rates are unfair and contests the legality of paying the well availability fee, a key component of the water supply agreement.

The Ranch holds the Water Use Permit, issued by Southwest Florida Water Management District, and has an irrigation water supply agreement with the WVID, which in turn provides irrigation services to neighborhoods, including Gran Paradiso. Under this agreement, the WVID is required to charge and collect fees for irrigation water, including a well availability fee. This fee, which is similar to a readiness-to-serve fee that local governments charge, ensures that irrigation users have access to the permitted amount of irrigation water when they need it. It also limits Wellen Park, LLLP’s ability to use groundwater for other purposes, protecting the community’s long-term irrigation water resources.

The well availability fees were established in the 2018 Irrigation Water Supply Agreement between Wellen Park and WVID, and have not been contested by any other neighborhood or property owners’ association within Wellen Park. Indeed, a court order is in place, requiring GPPOA to continue paying these fees during the litigation.

Why Wellen Park, LLLP is Taking Action Now

For over two years, we have hoped for a resolution to this litigation that would be fair for all parties involved. And prior to becoming a named party in the litigation, we had limited legal recourse to intervene, despite being an affected party from the onset. However, we can no longer stand by while the actions of one neighborhood negatively impact the entire Wellen Park community and endanger the Water Use Permit.

While the decision to reallocate some of our Water Use Permit allocation may come as a significant change, it is a decision we have not made lightly and is based on several key considerations:

  • GPPOA’s extensive overuse of water allocation: Throughout the past three years, GPPOA has consistently exceeded its monthly and annual water allocation, which includes its repumpage allocation, placing undue pressure on the system. (Repumpage refers to the process of pumping reclaimed water from a retention pond area.
    Limits are established to ensure water usage stays within sustainable levels and complies with regulatory guidelines.) 
  • Sustaining Water Resources: As the community grows, it is crucial to preserve water resources for the future needs of other neighborhoods within Wellen Park. GPPOA’s refusal to abide by regulatory requirements and contractual obligations jeopardizes the Water Use Permit used to provide irrigation water for everyone within Wellen Park.

Why is the water allocation so important to follow?

Water allocations are critical to abide by, as these are established and governed by the Southwest Florida Water Management District. Violating water allocations can lead to legal penalties, including permit revocation. Water allocations also ensure that all users of a shared water source have equitable access to water without harming the water resource. Exceeding water allocations can also lead to negative environmental impacts.

Upcoming Changes

Given these ongoing challenges, effective March 2025, GPPOA will need to find another irrigation water source. This shift empowers the GPPOA to determine the best way to meet the neighborhood’s irrigation needs going forward. Based on the GPPOA’s actions and decisions over the past two years, we are compelled to make these decisions in the best interest of the entire community of Wellen Park.

What does this mean for you as a Gran Paradiso homeowner?

  1. Gran Paradiso’s access to irrigation services from WVID via the Ranch’s Water Use Permit will end as of March 2025.
  2. The City of North Port already provides water to all residents in Gran Paradiso. The residents can contact the City or a contractor to connect their City water service to their irrigation system.

We understand that this change will likely raise questions, and we are committed to ensuring that you have the information available from Wellen Park. Additional information, including a history of the ongoing litigation, is available at wpfactstoknow.com. If you have any concerns or would like further clarification, we encourage you to reach out to us at info@wellenpark.com. We also encourage you to direct any questions about the ongoing litigation and future of irrigation services within Gran Paradiso to the GPPOA Board of Directors. Additionally, and at this juncture, we are evaluating whether this ongoing litigation was even properly authorized by the GPPOA Board in the first instance.

From the very beginning of our role as developer of Wellen Park, we have had and continue to have the best interests of this community in mind. That remains true today notwithstanding the GPPOA’s desire to persist with their litigation.

Thank you for your attention as we move forward with this transition.

Sincerely,

Rick Severance

Division President
Wellen Park, LLLP 

Wellen Park letter to all Wellen Park residents

December 2024 

RE:      Wellen Park Water Use Permit Reallocation / Gran Paradiso Irrigation Litigation

Dear Wellen Park Resident,

This letter has been sent to you in the spirit of transparency regarding upcoming changes to irrigation water services in the Gran Paradiso neighborhood. Thomas Ranch Intangibles, LLLP and The Ranch Operations, LLLP (the Ranch) created for Wellen Park the alternative water supply water use permit application and were issued the Water Use Permit by the Southwest Florida Water Management District.  For the past three years, the Gran Paradiso Property Owners Association (GPPOA) has consistently exceeded its monthly and annual water allocation, which includes its repumpage allocation, placing undue pressure on the entire irrigation system and violating the water use permit.

Due to the impacts of such actions on the West Villages Improvement District (WVID) – to which the Ranch is an affected party – along with several other factors, the Ranch has made the decision to reallocate our Water Use Permit allocations, which will remove Gran Paradiso’s irrigation water allocations, effective January 2025. We also write to provide context surrounding this decision and the pending legal disputes initiated by Gran Paradiso.

Wellen Park’s Rights Regarding the Irrigation Water Supply Agreement

The Ranch is an affected party to the lawsuit the GPPOA filed against the WVID in November 2022, due to our Water Use Permit and irrigation water supply agreement with the WVID. The GPPOA filed this lawsuit against the WVID after the WVID notified the association of its intent to suspend irrigation water services due to nonpayment of irrigation fees. The GPPOA claims that the rates are unfair and contests the legality of paying the well availability fee, a key component of the water supply agreement. GPPOA has also been unwilling to pay the July 1, 2024 adopted irrigation rates, per the approved 2023 rate study, that all other Property Owner Associations (POAs) and Home Owner Associations (HOAs) within the WVID have accepted and paid without issue since they’ve gone into effect.

This agreement requires the WVID to charge and collect fees for irrigation water, including a well availability fee, from neighborhoods that receive irrigation water within the WVID, including Gran Paradiso. The GPPOA claims that the rates are unfair and contests the legality of paying the well availability fee, a key component of the water supply agreement.

The well availability fees were established in the 2018 Irrigation Water Supply Agreement between the Ranch and WVID and have not been contested by any other neighborhood or property owners’ association within Wellen Park. The fee, similar to a readiness-to-serve fee that local governments charge, provides WVID with access to all of the available irrigation water subject to the Water Use Permit, and limits Wellen Park, LLLP’s ability to use groundwater for other purposes, protecting the community’s long-term irrigation water resources.

Simply put: This monthly fee ensures that irrigation users in Wellen Park have access to the permitted amount of irrigation water when they need it.

Why Wellen Park, LLLP is Taking Action Now

For over two years, we have hoped for a resolution to this litigation that would be fair for all parties involved. And prior to becoming a named party in the litigation, we had limited legal recourse to intervene, despite being an affected party from the onset. However, we can no longer stand by while the actions of one neighborhood negatively impact the entire Wellen Park community and endanger the Water Use Permit.

While the decision to relocate some of our Water Use Permit allocation may come as a significant change, it is a decision we have not made lightly and is based on several key considerations:

  • GPPOA’s extensive overuse of water allocation: Throughout the past three years, GPPOA has consistently exceeded its monthly and annual water allocation, which includes its repumpage allocation, placing undue pressure on the system.
    (Repumpage refers to the process of pumping reclaimed water from a retention pond area.
    Limits are established to ensure water usage stays within sustainable levels and complies with regulatory guidelines.)     
  • Sustaining Water Resources: As the community grows, it is crucial to preserve water resources for the future needs of other neighborhoods within Wellen Park. GPPOA’s refusal to abide by regulatory requirements and contractual obligations jeopardizes the Water Use Permit used to provide irrigation water for everyone within Wellen Park.

Why is the water allocation so important to follow?

Water allocations are critical to abide by, as these are established and governed by the Southwest Florida Water Management District. Violating water allocations can lead to legal penalties, including permit revocation. Water allocations also ensure that all users of a shared water source have equitable access to water without harming the water resource. Exceeding water allocations can also lead to negative environmental impacts.

Upcoming Changes

Given these ongoing challenges, effective March 2025, GPPOA will need to find another irrigation water source. This shift empowers the GPPOA to determine the best way to meet the neighborhood’s irrigation needs going forward. Based on the GPPOA’s actions and decisions over the past two years, we are compelled to make these decisions in the best interest of the entire community of Wellen Park.

What does this mean for you?

  1. Gran Paradiso’s access to irrigation services from WVID via the Ranch’s Water Use Permit will end as of March  2025.
  2. The City of North Port already provides water to all residents in Gran Paradiso. The residents can contact the City, or a contractor to connect their City water service to their irrigation system.

I want to reiterate what this does not mean for you:

  • It does not mean that irrigation service is being terminated across the District.
  • It does not mean that we are overstepping our rights or role as the developer.

From the very beginning of our role as developer of Wellen Park, we have had the best interests of this community in mind. That remains true today notwithstanding the GPPOA’s desire to persist with their litigation. Please do not be taken by misinformation regarding this situation.

I welcome your questions, comments and concerns wholeheartedly.

Email me at info@wellenpark.com or visit wpfactstoknow.com for additional information, including a history of the ongoing litigation.

Sincerely,

Rick Severance,

Division President

Wellen Park, LLLP

De-Annexation Current Status

On Oct. 9, 2023, Circuit Court Judge Danielle Brewer ruled in favor of the City of North Port, denying the West Villagers for Responsible Government’s request to review the city’s decision to reject its petition for de-annexation or contraction from municipal boundaries.

The court ruling stated that there was “competent substantial evidence to support the City’s decision to reject” the petition to de-annex or contract from municipal boundaries. It also noted the City complied with all of the essential requirements of state law when rejecting the WV4RG de-annexation petition.

On Nov. 8, 2023, the WV4RG filed an appeal with the state’s Second District Court of Appeal (“2nd DCA”). The 2nd DCA denied WVFRG’s petition for writ of cert on May 3, 2024 and affirmed the circuit court’s decision. On June 26, 2024, the 2nd DCA issued an Order requiring the WVFGR to file a supplemental petition addressing whether the City of North Port’s decision to deny or reject the petition for contraction in 2022 was a legislative decision, as opposed to a quasi-judicial decision, that was not subject to certiorari review in the circuit court within 30 days. WVFRG filed the requested petition and the City filed a response in September 2024 and the parties await a decision from the 2nd DCA.

What does this mean?

The state’s 2nd DCA will now decide whether to uphold the Court’s ruling that the City of North Port was within its rights to reject the WV4RG petition to de-annex Wellen Park from the City of North Port or send the issue back, yet again, to the North Port City Commission with instructions on how to proceed.

Overview
Wellen Park is a master-planned community that will ultimately be home to more than 50,000 residents and 22,500 homes. A significant portion of Wellen Park falls within the City of North Port and comprises District 5.

As the developer of Wellen Park, we strongly oppose the West Villagers for Responsible Government (WV4RG), Inc.’s efforts to de-annex, or contract, all lands west of the Myakka River from the City of North Port. They represent a small minority of voices and have led their campaign and legal fight with misrepresentations of the truth and unsubstantiated claims about what de-annexation ultimately means for local residents.

WV4RG has made the following inaccurate claims:

  • Wellen Park residents are being grossly overtaxed and overcharged by the City of North Port.
  • Wellen Park isn’t really part of the North Port community and was illegally annexed.
  • Leaving the City of North Port to be part of unincorporated Sarasota County will likely save every homeowner $7,500-$15,000 or more in property taxes over the next decade with no reduction in municipal services.

Here are just some of the facts:

  • The City of North Port is a fiscally responsible entity that operates with the best interests of all residents.
  • In 2002, the area then known as West Villages, was formally annexed into the City of North Port in accordance with Florida state law and the annexation was unchallenged during the allowable timeframe.
  • If de-annexed from the City of North Port, property owners may see minimal property tax savings but an increase in assessments or additional municipal service taxes that would create a net increase in costs. These additional costs include reimbursements to the City for improvements made to water/wastewater utilities and other essential services, such as EMS, police and fire.

 Wellen Park, LLLP opposes the WV4RG petition because it does not reflect the wishes of the majority of Wellen Park residents, it infringes on our property rights as a developer and it would immediately halt all development progress in Wellen Park.

City Commissioners are acting responsibly and in the best interests of all residents by opposing the de-annexation, not just the few individuals involved in the WV4RG petition.

Our focus remains on continuing to develop Wellen Park for the ultimate benefit of everyone in our region who has a shared interest in creating a thriving, successful community in North Port.

Please contact Wellen Park, LLLP with any questions, comments or concerns at info@wpfactstoknow.com.

Master-Planned Community Facts

  • The City of North Port Public Safety Building, which opened in April 2022, was constructed on land donated by Wellen Park, LLLP, valued at $6 million, and funded by Wellen Park, LLLP, at a cost of $13 million, to be paid back from impact fees collected in the new community over 20+ years.

  • Wellen Park, LLLP, has invested more than $335 million to-date on entitlements, infrastructure, utilities, parks, trails and improvements to develop the master-planned community.

  • Approximately $70 million has been spent specifically to provide adequate water and wastewater facilities, based on Wellen Park, LLLP’s awarded and future development entitlements within the City of North Port.

  • Wellen Park, LLLP has deficit-funded the West Villages Improvement District and infrastructure costs in the amount of $32.7 million, as there have not been adequate fees from the West Villages Improvement District bonds to pay for roads and infrastructure to-date. The land entitlements – rights granted to Wellen Park, LLLP by the City of North Port – ensure that recovery of funds for the developer. Even if Wellen Park were de-annexed, those funds are still owed back to the developer; they cannot be wiped out through de-annexation.

Resident Facts

  • Every homeowner was presented with information at the time of execution of their contract that their home was located in the City of North Port and the West Villages Improvement District.

  • By purchasing a home and living in the City of North Port, the property owners of IslandWalk, Gran Paradiso, the Preserve, Renaissance, and Oasis have accepted and continue to accept the privileges and benefits provided to them by the City of North Port and the West Villages Improvement District.

  • The City of North Port provides certain privileges and benefits to its residents. Some are provided directly by the City and others are arranged for by the City through interlocal agreements with other municipalities. Those benefits include:
    1. Fire rescue
    2. Police
    3. Emergency medical services
    4. Solid waste collection, recycling and disposal
    5. Water and wastewater services
    6. Park and recreational facilities and services

West Villages Improvement District (WVID) Facts

  • The WVID is a separate and distinct entity from the City of North Port and Wellen Park, LLLP.

  • The WVID was created by the Florida Legislature in 2004 to support the development of the West Villages area. Also known as an improvement district, the WVID is a limited, single and specialized purpose local government to handle irrigation, stormwater management, roads and other infrastructure to the District. The area governed by the District is approximately 11,000 acres

  • The WVID helps enhance Wellen Park’s beauty, security, prominence, economy and community partnerships and specifically manages areas such as parks, roads, water, infrastructure and other improvements to public property.

  • The WVID is not responsible for police, fire rescue or emergency rescue services, which are handled by the City of North Port and Sarasota County.

FAQS

What does de-annexation or contraction mean?

Contraction” means the reversion of real property within municipal boundaries to an unincorporated status.

Why does Wellen Park, LLLP oppose de-annexation/contraction?

Wellen Park, LLLP opposes the WV4RG petition because it does not reflect the wishes of the majority of Wellen Park residents and it severely infringes on our propert rights as a developer. These property rights were awarded through numerous negotiated terms, such as density and capital reimbursements for deficit-funded infrastructure. Lastly, it would immediately halt all development progress in Wellen Park.  

What can I do as a resident to oppose the efforts for de-annexation/contraction?

Share this information with your neighbors so they also know the facts. Contact the City of North Port Commission to express your opposition. You can send one email to all five Commissioners and copy the City Manager with this email address: commissioners@cityofnorthport.com. Write a letter to the editor of local newspapers to express your opposition to de-annexation.

How did West Villages become a part of the City of North Port?

It was formally annexed into the City in 2002. The property owners initiated the process by petitioning to annex their property into the City of North Port in accordance with the process laid out in section 171, Florida Statutes. Because the property met the requirements for urbanization and annexation specified by state law, the City Commission adopted ordinances annexing it into the City.

What is the West Villages Improvement District and what does it do?

The West Villages Improvement District (“WVID”) is a separate and distinct entity from the City of North Port and Wellen Park, LLLP. The WVID was created by the Florida Legislature in 2004 to support the development of the West Villages area. Also known as an improvement district, the WVID is a limited, single and specialized purpose local government to handle irrigation, stormwater management, roads and other infrastructure to the District. The area governed by the District is approximately 11,000 acres.

The WVID helps enhance Wellen Park’s beauty, security, prominence, economy and community partnerships and specifically manages areas such as parks, roads, water, infrastructure and other improvements to public property. The WVID is not responsible for police, fire rescue or emergency rescue services, which are handled by the City of North Port and Sarasota County.

Sign Up for Updates