Title: Memo from Robert E. Vaughn
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00050627/00001
 Material Information
Title: Memo from Robert E. Vaughn
Alternate Title: Memo from Robert E. Vaughn to L. M. "Buddy" Blain re Proposed changes in Agreement.
Physical Description: 4p.
Language: English
Publication Date: Nov. 6, 1973
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 1, Folder 5 ( FIVE PARTY AGREEMENT ), Item 18
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00050627
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text

Robert E. Vaughn
P. O. Box 781
Brandon, Florida 33511
November 6, 1973

Memo to: Mr. L. M. "Buddy" Blain

Re: "The Agreement"

Yesterday I had a message from Bill Duynslager, Superintendent
of the St. Petersburg Water System, when I returned to my office at 4:30
P.M. Duynslager proposed the following:

1. That the regulatory orders on Section 21 and Cosme-Odessa be
modified to (a) use the word "cumulatively" as it is used on page 8,
paragraph 27.1 .a, (b) raise the regulatory levels one foot in Section
21 and Cosme-Odessa Well Fields and (c) reduce the variance
allowed (page 9, paragraph 27.1.b) to four feet instead of five
feet and that the variance be equally applied to all three well

2. The environmental clause (page 10, paragraph 27.5) apply to
all three St. Pete well fields.

3. That the balance of the agreements and the proposed orders
remain unchanged except for the wording requested yesterday by
Pinellas and changes made by the District last Friday.

Following hearings in 1973 and early 1974 new regulatory levels
will be set in accordance with the agreement and these are to become effective
October 1, 1974. The above is substantially what was discussed by you,
Duynslager, McAteer, Varn and me at the District meeting in Brooksville
last Friday. At 11:45 P.M. last night after consulting with you, Mr. McAteer,
Commissioner Curry, Mr. Logan and Mr. Vain, I advised Mr. Duynslager
that all parties reluctantly concurred. In a spirit that was expressed by
Mr. Curry "We'll give a little to ai a lot".

Commissioner Carl Carpenter
cc: Commissioner Robert Curry
Commissioner Robert Lester
Commissioner Rudy Rodriquez
Commissioner Betty Castor
Mr. Derrill McAteer
Mr. S. C. Bexley
Mr. John Anderson
Mr. Myron Gibbons
Mr. John Logan
Mr. Jake Varn
Mr. Bill Duynslager
Mr. Donald Feaster

P.S. Mr. Curry and Mr. Logan

1 ~Your cooperation in the above is certainly appreciated. As I
understand it, the most that the above does for St. Petersburg is give them
a little respite during the dry season in May and early June, 1974. At
other times they will not-use the water, the revised regulatory levels will
prevent abuse and the environmental clause will give Hillsborough County
and Pasco County and any other residents the right to appeal operation of
the well fields on the basis of environmental damage. We could, of course,
take a hard line on this, but to do so would jeopardize the entire agreement
and loose the main' and most important point of the entire agreement to get
Pinellas County under regulatory authority without a prolonged cabinet and/or
court fight. Also, I would like to make it clear that Mr. Logan concurred
subject to changing his mind after a more careful or detailed analysis of the
data. I think that the decision reached is really not a data analysis, but a
short term horse trade for an immense long term i"gain. It is V a big step
towards creating a regional water authority that is so badly needed in this
area. I appreciate the cooperation and time that you have extended.



-) I \ /

Page 4, paragraph 4, "at cost" is OK.

Page 5, paragraph 15, additional sentence, end with the word "aquifer"
(if spelled properly) is OK.

Page 6, paragraph 19-2 is OK.

Page 6, paragraph 18A revise to read:
"The parties agree that, based upon current scientific knowledge, technology
and theory, the Eldri4ge-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 l- 1974, or as soon there-
after as possible."

Page 7, subparagraph b; 2nd sentence amended to read:
"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
productive year to another beyond the first six weeks of such productive year.
Deficit production of cumulative amounts shall only be permitted during the first
six weeks of each productive year."

Page 7, paragraph 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 Pine llas may have under the d ',pacess-#MYiM^
flth Constitution of the State of Florida and of the United Statevand under the
General Laws of the State of Florida."

Page 7, paragraph 22B -
"Pinellas and District agree to expedite all provisions necessary to enable Pinellas
to carry out the terms of this Agreement."

(Delete proposed paragraph 31A on page I I.)

In the Cypress Creek Agreement on page 12 insert a new paragraph 7A
to read:
"All parties agree to cooperate with each other in all respects necessary to carry out
the terms of this Agreement as expeditiously as possible."

;~ /p rI ,1 ^ *

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