Title: Draft Agreement.
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Title: Draft Agreement.
Physical Description: 12p.
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 1, Folder 5 ( FIVE PARTY AGREEMENT ), Item 27
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00050636
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
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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," and 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 SOUTH.WEST 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 Creek," which lands are adjacent to,

and drained by, Cypress Creek which ultimately flows into the

HIillsborough River in Hillsborough County, Florida; and









from certain well fi.elclds, and said suppl.ies 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, SOUTHWEST FLORIDA 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 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

WHIEREAS, 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 Leo.lisl;ature have called for recommendations for solutions; to

present and anticipated problems related to water use; and(














a spirit of cooperation in ordcor 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 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.
















4. That the regional authority should engage in the

production and treatment of water which should then be avail.bip

to the respective counties and cities for local distribution; t.at

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 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. The parties hereto, simultaneous with the execution of this

agreement, are also executing a "Permit 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 Permit Agreement, a copy of which is attached hereto

as EXHIIIBIT 1.


4.









10. Pursuanl to the termn of the Permit Agrenlont, the r, t .ieA

agree to explore the feasibility of utilizing the Cypress Creek -1.:,

Detention Area as a wellfield, so long as it will also serve a:-; a
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 i,

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 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 ground water.

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

ground water withdrawal therefrom, are within the boundaries of the

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
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.











16. That the District held a hearing on July .1, 1973, anld

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 of 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.
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:

"1. The average daily withdrawals from such well field

for transmission off the premises as measured cumulatively in

millions 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 1, 1974 28 MGD

"2. The maximum weekly withdrawal shall not exceed 42 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 now production year shall start

on October 1, 1974 and each October 1, thereafter. Accumulations

shall not carry over from one production year to another and

deficit production over cumulative amounts shall only be permitted

during the first six wooeeks of each production year.

"4. a. Thait lquifer testing of the well field shall be(

conducted under direction and supervision of the District anid a

public hearing be held to consider establishing regulatory levels

and controls in lieu of maximum withdrawal rates set forth hei1in-

above to govern after October 1, 1974.

"b. That the maximum withdrawal rates set forth hereinabove

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 horizor;ta

or verticle movement of the saltwater freshwater 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 r-eqluest for review of said Order by the Dep]artment of Natural










23. That the City operates a well field in Pasi;co Courll ,

Florida, known as the South Pasco Well Field, located in Sct.,-i

28, 32 and 33, Township 26 South, Range 18 East, for the wi.thl., .nl

of ground water.

24. That the lands described in paragraph 25 above, and tli ground

water withdrawal therefrom, are within the boundaries of the Di rjict,

and the withdrawal therefrom is subject to the rules, regulation- and

authority of the District.

25. That there now exists the necessity for regulating tlh<

withdrawal of water from said well field, in order to obtain th] .,ost

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 observat-ion

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

at the South Pasco deep observation well #45.l

"(3) 37.0 foot Iabove mean ceai level., as mcasured;r













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

potentiometric surface of the Florida Aquifor be more than 5 f ce

below the elevations set forth .in (a) above.
"c. A hearing shall be held on April 10, 1974 to consider

establishing of monitor levels for the shallow aquifer.


"2. a. 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 provided

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 by

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

for each day, then dividing the sum thereof by 14; each weekly period

shall commence at 12:01 a.m. on Saturday of each week.

"c. The weekly average elevations shall be determined cumula-

tively from August 1, 1973 through September 30, 1974. A new

production year shall start on October 1, 1974 and each October 1,

thereafter. Cumulative weekly average elevations shall not carry,

over from one production year to another, and production causing

regulatory levels to drop below the cumulative weekly average

elevations shall only be permitted during the first six weeks of

each production year.
"3. The CITY, at its own expense, shall by June 1, 1974,

provide the following facilities:

"a. A deep observation well located west of the well field

at a distance of not less than 2,000 feet from a producing well.

"b. A recording precipitation gage located within the weli

field.

"4. Specifications and locations of the above facilities: aib-.i.:

be approved by the Staff of the SOUTIHWEST FLORIDA WATIER MANANi-;rMT,,,'i

DISTRI i CT.











5. That the monitor levels set forth herei ena]bove 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 wellfield will be closely monitored;

any adverse horizontal or verticle movement of the saltwater -

freshwater 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 change

attributable directly to the operation of said well field could

necessitate appropriate modification of this order."


28. City waives notice of hearing to issue an order containing

the provisions set forth hereinabove and hereby consents to

District making such a regulatory order.

29. It is specifically agreed between District and Pinellas

that this agreement shall be null and void insofar as it relates

to Pinella-s unless the District modifies its regulatory Order

No. 73-3R consistent with the provisions set forth hereinabove.


i 30* It is specifically agreed between Dist:.rict and Ciity

: that this agreement shall be null and void insofar as it relate,'.

: to City unless the District issues a regulatory order consistent

with the provisions set forth herein.

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

j 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.


10













32. The Southwest Florida Water lManagement District herb1CT y

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.

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. This agreement constitutes the entire agreement bte,,cen

the parties hereto, and any change, supplement, modifications or
correction of, or addendum to, this agreement must be in w-rit-ing

and signed by the parties hereto.



IN WITNESS WHEREOF, the parties hereto have executed thi.

agreement the day and year first above written.


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

By
Chairman

As to Southwest Florida Water Attest
Management District Secretary








11



























PINELLAS COUNTY

By
Chairman, Board of
County Commissioners
As to Pinellas
Attest
Clerk of the Circuit Court


PASCO COUNTY

BY
__________________ BY_____________________________ __
Chairman, Board of
County Commnissioners
As to Pasco
Attest
Clerk of the Circuit Court



CITY OF ST. PETERSBURG

BY
Mayor

As to City
SAttest
City Clerk



























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