Title: Draft Agreement
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Permanent Link: http://ufdc.ufl.edu/UF00050635/00001
 Material Information
Title: Draft Agreement
Physical Description: 6p.
Language: English
Publication Date: Nov. 1, 1973
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 1, Folder 5 ( FIVE PARTY AGREEMENT ), Item 26
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00050635
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.

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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," Aand CITY OF ST. PETERSBURG,

a municipal corporation, hereinafter 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 SOUTHW EST, 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, 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

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

after referred to as "Cypress Crock," which lands are adjacent to,

and drainlled by, Cypres Creek which ultimately flows into t:he(




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we.]l A I.i-_C 1<-li-(2 a c( _tI 1C 0 I C t- to in I )ic n ,dO(' V of tIw' pot.l.AI w it r

system of ]inel.las and City, annd it is necessary that Pine].11is

and City augment such-supplies; and

WHIIEREAS, 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, SOUTHWEST FLORIDA MANAGEMENT DISTRICT has the duty

T 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; 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 allocation and use in

the area; and

WHEREAS, numerous members of the Legislature of the State of

Florida, individually, collectively through l gislative del.oegti on













a spirit of cooperat-;ion in order(] to chilrt. a futurell colure-;o towardI

solving the mu1.tuial. aicnd individually 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 pr(vcnt

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 df 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, re-

sponsibility 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

new 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 de-

cision is necessary in the forthcoming regular legislative session.

3. That any regional water supply should utilize all prac-

tical means of obtaining potable water, including withdrawals of

surface water, withdrawals of ground water, recycling of waste

water and desalinization.




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4. That the regional authority should engage in t~e

production and treatment of water which should then be avn.il biil

to the respective counties and cities for local distribution ; t!ht

the regional authority should not engage in local distribuci.o.

5. That the withdrawal of water, both ground and sui:rface,

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 reflect-

ing 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 development

of an overall water supply system.

8. That the easement acquired by Pinellas and City from

the Seaboard Coast Line Railroad, extending from the Eldridge-

Wilde well field to the Cypress Creek area, and the water trans-

mission 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. T~ aepdLies hereto, simultaneo s with the execution of this

agreement, are also executing a "Permit Agreeomx^^ 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 Rp.-e A. gr ee me, a copy of which is attached h]c'ir'to

as ]EXIBl' 1T 1.




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Detentjon Aroa as a well.field, so long as it will also iCrve oe: ,.
flood detention and water storage area. The right to the use of such

wellfield, 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 pro-

duction, at which time Pinellas agrees to return such quantity to

City on a gallon for gallon basis, plus 10% additional as a time

adjustment.

12. That the District, pursuant to Chapter 373, F.S.,

its rules and regulations duly adopted thereunder, and other appli-

cable law, has the authority and responsibility, within its juris-

diction, 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 thie water users

affc .ted.

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 ground water.

14. That the lands described in paragraph 15 above, and the

ground water withdrawal therefrom, are within the boundaries of t:he

District, and the withdrawal therefrom is subject to the rules, regu-

lations 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 tihe

most beneficial use of the water res:;ourccs of tlche state and to p]:(ot:(ct












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