In 2006, Tampa Bay Water discovered cracking along nearly 40% of the reservoir's interior lining. A third-party engineering firm was hired to investigate the cause and reported that the cracking was the result of water being trapped in the earthen embankment. The resulting repairs were estimated at $121 million. Tampa Bay Water sought damages from the embankment's construction and engineering companies. A $30 million settlement offer from the embankment's engineer-of-record,
HDR, Inc., was rejected by Tampa Bay Water and the case proceeded to court. In April 2012, a federal jury ruled that the design firm was not liable for the damages. In a November 2012 ruling in which he called the legal battle "no ordinary engineering malpractice case," U.S. Judge James D. Whittemore determined the utility owed HDR more than $20 million in legal fees as a result of April 2012's jury verdict. The court document cited TBW's own legal expenses at more than $11.6 million. A federal appeals court in Atlanta issued a 33-page ruling on September 23, 2013, rejecting the utility's arguments that the trial judge had committed a series of errors that should be overturned. As a result, the cost of the multi-million-dollar repair work will likely fall on the shoulders of the 2 million ratepayers in Pinellas, Pasco and Hillsborough counties. == References ==