Title: Final Agreement
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Title: Final Agreement
Physical Description: 16p.
Language: English
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Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 1, Folder 5 ( FIVE PARTY AGREEMENT ), Item 1
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Bibliographic ID: UF00050610
Volume ID: VID00001
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Full Text







AGREEMENT


THIS AGREEMENT, Made and entered into this day of

1973, between SOUTHWEST FLORIDA WATER MANAGEMENT

DISTRICT, a public corporation of the State of Florida, and

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY), a public

corporation of the State of Florida, hereinafter collectively

referred to as "DISTRICT," PINELLAS COUNTY, a political subdivision

of the State of Florida, hereinafter referred to as "PINELLAS,"

PASCO COUNTY, a political subdivision of the State of Florida,

hereinafter referred to as "PASCO," HILLSBOROUGH COUNTY, a political

subdivision of the State of Florida, hereinafter referred to as

"HILLSBOROUGH," and CITY OF ST. PETERSBURG, a municipal corporation,

hereinaf.er referred to as "CITY,"

WITNESSETH:

WHEREAS, SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT is a

public corporation created under Chapter 61-691, Laws of Florida

1961, as amended; and

WHEREAS, SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY)

is a water regulatory agency created by SOUTHWEST FLORIDA WATER

MANAGEMENT DISTRICT, in 1968 pursuant to Chapter 373, Florida

Statutes; and

WHEREAS, PINELLAS is a body politic; and

WHEREAS, PASCO is a body politic; and

WHEREAS, HILLSBOROUGH is a body politic; and

WHEREAS, CITY is a municipal corporation; and

WHEREAS, the DISTRICT is acquiring and will acquire certain

property in Pasco County, Florida for use as a flood detention

reservior known as the Cypress Creek Flood Detention Area, herein-

after referred to as "CYPRESS CREEK," which lands are adjacent to,

and drained by, Cypress Creek which ultimately flows into the

Hillsborough River in Hillsborough County, Florida; and

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WHEREAS, PINELLAS and CITY get their fresh water supplies

from certain well fields, and said supplies" furnished by said well

fields are inadequate to meet the needs of the potable water system

of PINELLAS and CITY, and it is necessary that PINELLAS and CITY

augment such supplies; and

WHEREAS, PASCO, because of its rapid growth, needs to prepare

for its future needs of potable water supplies, in order that there

will not be a shortage of water in its rapidly developing areas; and

WHEREAS, HILLSBOROUGH, ever mindful of its future needs for

potable water supplies, and currently being a production area for

water which is transported to and consumed in another county,

desires to promote the prompt formulation and implementation of a

regional approach toward water production; and

WHEREAS, SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT has the

duty and responsibility within its jurisdiction-to establish rules,

regulations, and orders to obtain the most beneficial use of the

water of the state and to protect the public health, safety and

welfare and interests of the water users affected; and

WHEREAS, the DISTRICT has not as yet formulated a plan for

allocation, as provided for in Chapter 373, Florida Statutes, and,

therefore, the DISTRICT cannot make any allocations of groundwater

to any user at this time; and

WHEREAS, .there has been great public interest and lengthy

public hearings, meetings and conferences relating to the use and

availability of water within the area, and

WHEREAS, the Governor and Cabinet, sitting as head of the

Department of Natural Resources of the State of Florida, herein-

after referred to as "DNR," have directed the Division of Interior

Resources of DNR to hold a conference and seek solutions to

anticipated water shortages and to work with the DISTRICT to develop

the long range solution to water supply, allocation and use in the

area; and

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WHEREAS, numerous members of the Legislature of the State of

Florida, individually, collectively through legislative delegation

action, and in their respective capacities of leadership within

the Legislature have called for recommendations for solutions to

present and anticipated problems related to water supply and use; and

WHEREAS, the parties to this AGREEMENT have come together in

a spirit of cooperation in order to chart a future course toward

solving the mutual and individual problems of the parties in such

a way as to obtain adequate supplies of potable water in such

manner as to avoid unnecessary ecological alteration, to prevent

environmental degradation and to protect the rights of property

owners;

NOW THEREFORE, in consideration of the mutual covenants and

conditions herein contained and for other good and valuable

considerations, the parties hereto agree as follows:

1. That the potable water needs of the West Coast area of

Florida can best be met through a regional water supply approach

and that a single authority should be vested with the duty, respon-

sibility and authority for establishment of a regional water

supply to meet the needs of Hillsborough, Pinellas and Pasco

Counties, and perhaps other areas as well.

2. There is divided opinion as to whether this authority

should be vested in an existing agency or should be vested in a

Snew agency created specifically for such purposes. It is agreed

that if a decision cannot be reached prior to the next regular

session of the Legislature, then the matter should be left to the

discretion of the Legislature as to which alternative should be

selected, but in any event, it is agreed by all that some decision

is necessary in the forthcoming regular legislative session.

3. That any regional water supply should utilize all practical

means of obtaining potable water, including withdrawals of surface

water, withdrawals of groundwater, recycling of waste water and

desalinization.
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"4. That the regional authority should engage in the production

and treatment of water which should then be available at cost to the

respective counties and cities for local distribution; that the

regional authority should not engage in local distribution.

5. That the withdrawal of water, both ground and surface,

should be subject to reasonable regulation by the DISTRICT.

6. That ultimately, the entire region should be served by

interconnecting water transmission facilities to be operated

by the regional authority; the authority should be reimbursed for

reasonable costs based upon a differential schedule reflecting

transmission and production costs.

7. That present operations cannot-be held at a standstill

until a regional supply system is established, and that interim,

steps must be taken in such way as to be compatible with develop-

ment of an overall water supply system.

8. That the easement acquired by PINELIAS and CITY from the

Seaboard Coast Line Railroad, extending from the Eldridge-Wilde

well field to the CYPRESS CREEK area, and the water transmission

pipeline to be constructed thereon, will be available for voluntary

transfer to the regional water supply system, together with any

production facilities, with full compensation to be made therefore,

but such compensation shall not exceed actual expenditures, including

interest.

9. DISTRICT, PINELLAS, PASCO and CITY, simultaneous with

the execution of this AGREMENT, are also executing a "CYPRESS

CREEK AGREEMENT" relating to the joint acquisition of the Cypress

Creek Flood Detention Area. The execution of this AGREEMENT is

conditioned upon the simultaneous execution of the CYPRESS CREEK

AGREEMENT, a copy of which is attached hereto as EXHIBIT 1.

10. Pursuant to the terms of the CYPRESS CREEK AGREEMENT, the

parties agree to explore the feasibility of utilizing the Cypress






Final Retyped 11-12-73





Creek Flood Detention Area ats a well field, so long as it will also

serve as a flood detention and water storage area. The right to

the use of such well field, together with any appurtenant production

and treatment facilities and equipment shall be transferred to the

regional system with full compensation to be made therefore, but such

compensation shall not exceed actual expenditures, including interest.

11. CITY does hereby agree to supply to PINELLAS up to two

million gallons of water per day (2 MGD), commencing November 1, 1973,

until the CYPRESS CREEK well field has been brought into production,

at which time PINELLAS agrees to return such quantity to CITY on a

gallon for gallon basis, plus 10/o additional as a time adjustment.

12. That the DISTRICT, pursuant to Chapter 373, F.S., its

rules and regulations duly adopted thereunder, and other applicable

law, has the authority and responsibility, within its jurisdiction,

to establish rules, regulations and orders to obtain the most

beneficial use of the water of the state and to protect the public

health, safety and welfare and the interests of the water, users

affected.

13. That PINELLAS operates a well field, known as the Eldridge-

Wilde well field, located in Sections 1, 11 and 12, Township 27

South, Range 16 East, and Section 6, Township 27 South, Range 17

East, Hillsborough County, Florida, for the withdrawal of groundwater.

14. That the lands described in paragraph 13 above, and the

groundwater withdrawal therefrom, are within the boundaries of the

DISTRICT, and the withdrawal therefrom is subject to the rules,

regulations and authority of the DISTRICT.

15. That there now exists the necessity for regulating the

withdrawal of water from said well field, in order to obtain the

most beneficial use of the water resources of the state and to

protect the public health, safety and welfare and the interests of

the water users affected. PINELLAS COUNTY, however, by signing this



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AGREEMENT does not admit or acknowledge that its operation of its

Eldridge-Wilde well field has caused any damage to the aquifer.

16. That the DISTRICT held a hearing on July 11, 1973, and

continued to September 12, 1973, as to what Regulatory Order should

be placed upon PINELLAS' operation of the said Eldridge-Wilde well

field. On September 12, 1973, the DISTRICT entered a Regulatory

Order No. 73-3R, a copy which is attached hereto as EXHIBIT 2, as

to PINELLAS' operation of the Eldridge-Wilde well field.

17. That PINELLAS has appealed said Order by Petition for

a Writ of Certiorari to the Second District Court of Appeals, and

has requested a review of said Order by the Department of Natural

Resources of the State of Florida.

18. That the DISTRICT has the jurisdiction and authority to

impose reasonable regulations on PINELLAS as to its operation of

the Eldridge-Wilde well field and throughout the fifteen-county

area of the DISTRICT.

18A. The parties agree that, based upon current scientific

knowledge, technology and theory, the Eldridge-Wilde well field can

most appropriately be regulated by the establishment of monitor

levels and that the gallonage hereafter set forth will be converted

to monitor levels on October 1, 1974, or as soon thereafter as

possible.

19. That, under present conditions and in light of existing

circumstances, it is reasonable for DISTRICT, at its regularly

scheduled meeting set for November 14, 1973, to modify paragraphs

numbered 1 through 4 of said Order No. 73-3R to provide as follows:

"i. The average daily withdrawals from such well field for

transmission off the premises as measured cumulatively in millions







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of gallons per day (MGD) shall not exceed the following amounts:

"a. From August 1, 1973 36 MGD

"b. From November 1, 1973 34 MGD

"c. From April 1, 1974 29.5 MGD

"d. From October i, 1974 28 MGD

"2. The maximum daily withdrawal shall not exceed 44 MGD.

"3. a. Reports of withdrawals for each weekly period shall

be made by PINELLAS to DISTRICT by telephone on the following

Monday and confirmed in writing on forms to be provided by

DISTRICT; such weekly periods shall commence at 12:01 a.m. on

Saturday of each week.

"b. Withdrawals shall be measured cumulatively from

August 1, 1973 through September 30, 1974. A new production year

shall start on October 1, 1974 and each October 1, thereafter.

Accumulations may be withdrawn at any time, subject, however, to

the limitations imposed by paragraph 2 above but such accumulations

shall not carry over from one production year to another beyond

the first six weeks of such production year. Deficit production

over cumulative amounts shall only be permitted during the first

six weeks of each production year.

"4. a. That aquifer testing of the well field shall be

conducted under direction and supervision of the DISTRICT and a

public hearing be held to consider establishing regulatory levels

and controls in lieu of maximum withdrawal rates set forth herein-

above to govern after October 1, 1974.















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"b. That the maximum withdrawal rates set forth herein-

above shall apply until October 1, 1974 or thereafter until such

regulatory levels and controls have been established, provided,

however, that the well- field will be closely monitored and any

adverse horizontal or vertical movement of the saltwater fresh-

water interface could necessitate appropriate modification of

withdrawal rates or such other action as may be required to halt

such adverse movement."

20. PINELLAS waives notice of hearing to amend said Order

No. 73-3R as set forth hereinabove and hereby consents to such

amendment.

21. PINELLAS further agrees that upon such amendment being

made to said order by DISTRICT, PINELLAS will immediately withdraw

and abandon its Petition for a Writ of Certiorari filed with the

Second District Court of Appeals, waiving its right to appeal said

order, as amended.

22. PINELLAS further agrees that upon such amendment being

made to said order by DISTRICT, PINELLAS will immediately withdraw

its formal request for review of said order by the Department of

Natural Resources.

22A. PINELLAS, in submitting to the jurisdiction of DISTRICT

to regulation pursuant to the laws under which the DISTRICT

operates, reserves unto PINELLAS any right to contest future orders

issued thereto which PINELLAS may have under the Constitution of

the State of Florida and of the United States and under the

General Laws of the State of Florida.

22B. PINELLAS and DISTRICT agree to expedite all provisions

necessary to enable PINELLAS to carry out the terms of this

AGREEMENT.


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23. That the CITY operates certain well fields in Hillsborough

County, Florida known as the Cosme-Odessa well field and the Sec-

tion 21 well field, and in Pasco County, Florida, known as the

South Pasco wellfield, located in Sections 28, 32 and 33, Township

26 South, Range 18 East, for the withdrawal of groundwater.

24. That the lands described in Paragraph 23 above, and the

groundwater withdrawal therefrom, are within the boundaries of the

DISTRICT, and the withdrawal therefrom is subject to the rules,

regulations and authority of the DISTRICT.

25. That there now"exists the necessity for regulating the

withdrawal of water from said well field, in order to obtain the

most beneficial use of the water resources of the state and to

protect the public health, safety and welfare and the interests of

the water users affected.

26. That the DISTRICT has the jurisdiction and authority to

impose reasonable regulations on CITY as to its operation of the

South Pasco well field and throughout the fifteen county area of

the DISTRICT.

27. That, under present conditions and in light of the exist-

ing circumstances, it is reasonable for DISTRICT to enter a

regulatory order relating to the operation of the South Pasco well

field, which provides as follows:

"1. That CITY, its agents and employees, shall not withdraw,

or cause to be withdrawn, from the South Pasco well field, any

amount of water which will cause the levels in certain observation

wells to be lower than the elevations prescribed below-

"a. The weekly average elevations of the potentiometric

surface of the Floridan Aquifer as determined cumulatively shall

not be lower than:

"(1) 42.0 feet above mean sea level as measured at

the State Road 54 deep observation well.

"(2) 41.0 feet above mean sea level, as measured

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~~Filnal Retyped1127







at the South Pas-co deep observation well #45,

"1(3) 37.0 feet above mean sea level, as measured

at the South Pasco deep observation well #42,

"1b. At no time shall the weekly average elevations of the

potentiometric surface of the Floridaa Aquifer be, more than 4 feet

below the elevations set forth in (a) above.

"1c.W A hearing shall be held on April 10, 1974 to consider

establishing of monitor levels for the shallow aquifer to become

effective October 1, 19740

"12, a. Reports of weekly average elevations for each week-'

period shall be made by CITY to DISTRICT by telephone on the

following Monday and confirmed in writing on forms to be provide(

by DISTRICT; such weekly periods shall commence at 12:01 a.m. on

Saturday of each week.

"b. Such weekly average elevations shall be calculated.b

adding together the high reading for each day and the low reading





Final Retyped' 1127






"1b. A recording precipitation* gage loc-ated with in the

well field.

"14, Specificati-ons'and locations of the above facilitiesshl

be approved by the Staff of the SOUTHWEST FLORIDA WATER MANAGEMENT

DISTRICT.

"5. That the monitor levels set forth hereinabove shall

apply, until October 1, 1974 and thereafter until such regulatory

levels and controls have been modified by order of DISTRICT#

provided, however, that the well field will be closely monitored;

any adverse horizontal or vertical movement of the saltwater freh

water interface could necessitate appropriate modification of

regulatory levels or such other action as may be required to halt

such adverse movement; any significant adverse environmental chang

attributable' directly to the operation of said well field could

necessitate appropriate modification of this order."

27A. That, under present conditions and in light of existing





Final -Retyped1127







measured at the "James 11" observation well

(280703N0823417).

"lc. Twenty-four (24) feet above mean sea level, as

measured at the "Calm 33A" observation well

(280836N0823438).

"12. That the CITY, its agents and employees, shall not

withdraw, or cause to be withdrawn, from the wells in the aforesai

Section 21 well field, Hillsborough county, Florida, any amount o

water which will cause the weekly average elevation of the potenti-

metric surface of the Floridan Aquifer as determined cumulatively

to be less than,

"ta. Thirty-three (33) feet above mean sea level, as

measured at the "Hillsborough 13" observation

well (280704N0823030) .

"1b o Thirty-four (34) feet above mean sea level, as

measured at "Jackson 26A" observation well





F-inal 1 Retyped 1127






"d. The total maximum withdrawals from the combined

cosme-odessa and Section 21 well fields shall not exceed 168

m million gallons per week which amount shall not be figured

cumulatively. Production shall be reasonably balanced between the

two weil fields'.

"14, Reports of weekly average elevations for each weekly

period shall be made by CITY to DISTRICT by telephone on the

following Monday and confirmed in writing on forms to be provide(

by DISTRICT; such weekly periods shall commence at 12:01 a.m., on

Saturday on each week.

"16. A hearing shall be held on April 10, 1974 to consider

establishing of monitor levels for the shallow aquifer to b become

effective October 1, 19740

"7. .That the monitor levels set forth. hereinabove shall

apply until October 1, 1974 and thereafter until such regulatory

levels and controls have been modified by order of DISTRICT,





Final Retyped 11-12-73






30. It is specifically agreed between DISTRICT and CITY that

this AGREEMENT shall be null and void insofar as it relates to CITY

unless the DISTRICT issues regulatory orders consistent with the

provisions set forth herein, including specifically paragraphs 27

and 27A.

31. The parties further agree that notwithstanding any of

the provisions contained herein, the withdrawal of water from

the aforementioned well fields shall, at all times, be subject

to the applicable laws of the State of Florida concerning

consumption, appropriation and regulation of water, as provided in

the laws of the State of Florida and the applicable rules and

regulations of the District that are in effect at the time of the

execution of this AGREEMENT or as amended by the State of Florida

or the DISTRICT under the Constitution and the laws of the State

of Florida.

31A. All parties to this AGREEMENT shall be afforded full

access to all monitoring devices and records at any reasonable time.

32. The SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT hereby

affirms that, at a duly constituted meeting of its Board of

Governors on the day of 1973, it

approved the terms of this AGREEMENT and the execution thereof.

33. PINELLAS hereby affirms that, at a duly constituted

meeting of the Board of County Commissioners on the day of

1973, it approved the terms of this AGREEMENT

and the execution thereof by PINELLAS.

34. PASCO hereby affirms that, at a duly constituted meeting

of the Board of County Commissioners on the day of

1973, it approved the terms of this AGREEMENT

and the execution thereof by PASCO.





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35. CITY hereby affirms that, at a duly constituted meeting

of the City Council on the day of 1973,

it approved the terms of this AGREEMENT and the execution thereof

by CITY.

36. HILLSBOROUGH hereby affirms that, at a duly constituted

meeting of the Board of County Commissioners on the day

of 1973, it approved the terms of this AGREEMENT

and the execution thereof by HILLSBOROUGH.

37. This AGREEMENT constitutes the entire agreement between

the parties hereto, and any change, supplement, modification or

correction of, or addendum to, this AGREEMENT must be in writing

and signed by the parties hereto.











































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IN WITNESS WHEREOF, the parties hereto.have executed this

AGREEMENT the day and year first above written.

Signed, sealed and delivered
in the presence dff: SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT


By
Chairman


As to Southwest Florida Water Attest
Management District Secretary


PINELLAS COUNTY


By
Chairman, Board of
County Commissioners

As to Pinellas
Attest
Clerk of the Circuit Court


PASCO COUNTY


By
Chairman, Board of
County Commissioners

As to Pasco
Attest
Clerk of the Circuit Court


CITY OF ST. PETERSBURG


By
Mayor


As to City Attest
City Clerk


HILLSBOROUGH COUNTY


By
Chairman, Board of
County Commissioners

As to Hillsborough
Attest
Clerk of the circuit Court


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