Title: Draft Agreement
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Title: Draft Agreement
Physical Description: 13p.
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 35
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00050644
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
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10

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 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, 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

Hillsborough River in Hlillsborough County, Florida; and


1.













WHEREAS, Pinellas and City get their fresh water supplies

from certain well fields in Pinellas, Hillsborough and Pasco

Counties, Florida, 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, 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, in 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 Legialature 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 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. It is agreed 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, responsibility and authority for establishment of a

regionalwater 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 purpose. It is generally

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

regular session of the Legislature then the matter 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. It is agreed that any regional water supply should utilize

all practical means of obtaining potable water, including with-

drawals of surface water, withdrawals of ground water, recycling

of waste water and desalinization.



3"












4. It is agreed that the regional authority should engage

in the production and treatment of water which should then be

available to the respective counties and cities for local distri-

bution; the regional authority should not engage in local distri-

bution.

5. It is agreed that such authority should have the power and

the capacity to acquire existing production areas and facilities,

including both surface and ground water withdrawal, collector, trans-

mission and treatment facilities and equipment, together with fee

title ownership, easement, lease or such other interests as may be

deemed by the authority to be necessary, provided, however, that

reasonable compensation should be made for such acquisitions.

6. It is generally agreed that with the withdrawal of water,

both ground and surface, should be subject to reasonable regulation

by District.

7. It is agreed 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.

8. It is agreed that present operations cannot be held at

a standstill until a regional supply system is established and

that interim steps must be taken to meet increasing needs; these

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

ment of an overall regional water supply system.










9. It is agreed that the easement acquired by Pinellas and City

from the Seaboard Coastline Railroad extending from the Eldridge-Wilde

wellfield 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 reasonable compensation to be made therefore but such compensation

shall not exceed actual expenditures.

10. 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 EXHIBIT /

11. Pursuant to the terms of the Permit Agreement, the parties

agree to explore the feasibility of utilizing the Cypress Creek Flood

Detention Area as a wellfield, so long as it will also serve as a

flood detention and water storage area. The right to use of such

wellfield, together with any production and treatment facilities and

equipment shall be transferred to the regional system with reasonable

compensation to be made therefore, but such compensation shall not

exceed actual expenditures.

12. Pinellas agrees to complete a feasibility study it has

commenced relating to a water transmission line to run northward from

the Eldridge-Wilde area toward the Starkey wellfield, interconnecting

with the transmission line running to the Cypress Creek area and

agrees to make the results of such study available to all parties

hereto. The estimated completion date of the study is

13. City has agreed to advance to Pinellas up to two million

gallons per day (2 MGD) commencing December 1, 1973, until the

Cypress Creek wellfield has been brought into production, at which

time Pinellas agrees to return such advances to City with reasonable

adjustments made for time and distance.













14. It is agreed that the District, pursuant to Chapter 373" F.;.

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.

15. It is agreed that Pinellas operates a wellfield, known as

the Eldridge-Wilde Well Field, located in Section 1, 11, and 12,

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

Range 17 East, for the withdrawal of ground water.

16. It is agreed that the lands described above, and the ground

water withdrawal therefrom, are within the boundaries of the District,

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

authority of the District.

17. It is agreed 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.

18. It is agreed 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 of which is attached hereto as EXHIBIT / ,

as to Pinellas' operation of the Eldridge-Wilde Well Field.

19. It is agreed 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.



6.













20. It is agreed 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

15-County area of the District.


21. It is agreed 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 September 1, 1973 36 MGD

"b. From December 1, 1973 34 MGD

"c. From April 15, 1974 29.5 MGD

"d. From October 1, 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 not later than 4:00 p.m.

on the following Monday and certified in writing by letter posted

not later than Monday midnight 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 September 1,

1973 through September 30, 1974. A new 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 weeks of each production year.

7.













"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.

"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 horizontal

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."


22. Pinellas waives notice of hearing to amend said Order

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

amendment.

23. 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.

24. 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.

25. It is agreed that City operates a well field in Pasco

County, Florida, known as the South Pasco Well Field, located in

Sections 28, 32, and 33, Township 26 South, Range 18 East, for the

withdrawal of ground water.





8.












26. It is agreed that the lands described above, and the ground

water withdrawal therefrom, are within the boundaries of the District,

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

authority of District.

27. It is agreed 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.

28. It is agreed that 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 15-County area of

the District.

29. It is agreed that under present conditions and in light of

existing 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) 44.0 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.

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

,at the South Pasco deep observation well #42.


9-












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

potentiometric surface of the Florida Aquifer be more than 4 feel

below the elevations set forth in (a) above. 4 A

"c. The weekly average elevations of the i .-r

J;i h as determined cumulatively shall not be lower than:

"(1) 53.0 feet above mean sea level, as measured

at the State Road 54 shallow observation well.

"(2) 52.0 feet above mean sea level, as measured at the

South Pasco shallow observation well #45.

"d. At no time shall the weekly average elevations of the

shallow well water table be more than 2 feet below the elevations

set forth in C. above.

"2. a. Reports of weekly average elevations for each weekly

period shall be made by CITY to DISTRICT by telephone not later

than 4:00 p.m. on the following Monday and certified in writing by

letter posted not later than Monday midnight 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 September 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.




10.











"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 well

field.

"4. Specifications and locations of the above facilities shall

be approved by the Staff of the SOUTHWEST FLORIDA WATER MANAGEMENT

DISTRICT.

"5. That said elevations, as provided for in paragraph 1

above for specific potentiometric levels are subject to review, and

change if necessary, by the Board each six months hereafter, or if

the Board deems it necessary, at more frequent intervals.

"6. 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 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."


30. 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.

31. It is specifically agreed between District and Pinellas

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

to Pinellas unless the District modifies its regulatory Order

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




11.









32. It is specifically agreed between District and City

that this agreement shall be null and void insofar as it rela1t.-e

to City unless the District issues a regulatory order consistent

with the provisions set forth herein.

33. The parties hereto agree that this is not -an allo-

cation of groundwater, as provided for in Chapter 373 and/or

Chapter 378, Florida Statutes 1973, for the reason that the

District has not as yet formulated a plan for allocation,.as

provided in said law, and, therefore, the District cannot make

any allocations of groundwater to any user at this time.

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.

34. 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.

35. 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.

36. Pasco hereby affirms that, at a duly constituted

meeting of the Board o/ County Commissioners on the day of
1973, it approved the terms of this

agreement and the execution thereof by Pasco.
37. 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.


12.













38. 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.



IN WITNESS WHEREOF, the parties hereto have executed this

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

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














13.





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