The surrounding 5,200-acre (21 km2) tract of land in Hillsborough County is designated as a wildlife preserve to maintain habitat.

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.

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.

[10] 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.