Title: Permit Agreement between Alafia River Basin Board
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 Material Information
Title: Permit Agreement between Alafia River Basin Board
Alternate Title: Permit Agreement between Alafia River Basin Board, SWFWMD, SWFWMD (Regulatory), and Florida Power and Light Co., dated April 17, 1973, with amendment attached, dated Nov. 12, 1975. Also, Exhibit B: Plan of Diversion Florida Power and Light and Little Mana
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 1, Folder 6 ( FLORIDA POWER AND LIGHT CO. - LITTLE MANATEE RIVER ), Item 8
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00050653
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




RECEi'VE

PERMIT AGREEMENT, DEC 0 1 1978


THIS PERMIT AGREEMENT, made and entered into this 17th day of

April 1973, by and between ALAFIA RIVER BASIN BOARD, a subdivision

of the Southwest Florida Water Management District, and the SOUTHWEST FLORIDA
WATER MANAGEMENT DISTRICT, a public corporation, and the SOUTHWEST FLORIDA

WATER MANAGEMENT DISTRICT (REGULATORY), a public corporation, hereinafter

referred to collectively as "District," and FLORIDA POWER AND LIGHT COMPANY,

a Florida corporation, hereinafter referred to as "Company."

WITNE S S E T H:

WHEREAS, the Company is a Florida public utility corporation, subject to

regulation by the State of Florida, which is engaged in the business of gen-

erating and distributing electricity to its customers within its territorial

franchise in the State of Florida; and

WHEREAS, the Company is now constructing a 1700 megawatt steam electrical

generating facility in Manatee County, Florida, which shall hereinafter be

referred to as "Manatee Plant," and
WHEREAS, the Company must construct a closed circuit cooling system

reservoir for the Manatee Plant which will be located in the vicinity of the

Little Manatee River, in Manatee County, Florida, and which will be an inte-

gral part of the steam electrical generating facility of the Manatee Plant
and which requires substantial quantities of fresh water for its operation;

and

WHEREAS, the Company avers that it has previously secured the permits

and approvals required for the construction and operation of the Manatee
Plant from the various appropriate governmental bodies having jurisdiction,
including, but not limited to, the Florida Department of Pollution Control,

the Florida Game and Fresh Water Fish Commission, the Manatee County Commis-

sion, the United States Department of the Interior, the United States Corps
of Engineers, the United States Environmental Protection Agency, the Florida

Department of Natural Resources, the Trustees of the Internal Improvement
Trust Fund; and
WHEREAS, the District, under Chapter 378, Florida Statutes 1972, is

authorized to regulate withdrawals from those waters specifically named as

"Works of the District;" and







WHEREAS, the Little Manatee River and its tributaries have been duly

declared to be a "Work of the District;" and

WHEREAS, the District under Chapter 373, Florida Statutes 1972, is em-

y/ powered to authorize the capture, storage, use or diversion of water in any

watercourse in excess of the average minimum flow at the point of capture

provided that such capture, storage, use or diversion of water from the sur-

face water source will not interfere with the reasonable uses existing at

the time of the beginning of the capture, storage, use or diversion; and

WHEREAS, pursuant to such authority, the District and Florida Power and

Light desire to enter into an agreement to permit a portion of the flow in

excess of the average minimum flow of the Little Manatee River to be taken

by the Company in Manatee County for the purpose of filling, replenishing and

operating its closed system cooling reservoir, as hereinafter described; and

WHEREAS, the Company contends that the District has no legal jurisdiction

to exercise any authority under Chapter 378 or 373, Florida Statutes 1972, as

to the Little Manatee River where it intends to pump water from said river,

because that portion of the river is not within the territorial boundaries of

the District; and

WHEREAS, the District contends that it has legal jurisdiction to exercise

any authority under Chapters 373 and 378, Florida Statutes, as to the entire

length of the Little Manatee River, including those areas outside of the Dis-

trict boundaries; and

WHEREAS, the District recognizes that the use of the excess waters of

the Little Manatee River for the Manatee Plant is better for the water re-

sources of the area than the use of ground water for said purposes; and

WHEREAS, the parties believe that it is to the best interests of the

public, which they both serve, that the Company agree to the concurrent juris-

diction of the District and the Department of Natural Resources and that this

Permit Agreement be entered into by the parties hereto; and

WHEREAS, the District has agreed to authorize withdrawals of water from

the Little Manatje River and to issue a permit for such withdrawals pursuant

to the terms hereof.

NOW, THEREFORE, for and in consideration of the promises and mutual cove-

nants herein contained, to be kept and performed by the parties hereto, and
for other good and valuable considerations, it is hereby agreed as follows:
1. The District, pursuant to Chapters 373 and 378, Florida Statutes 1972,




2 -









and the rules and regulations duly adopted by, the District pursuant to said

laws, has the authority and responsibility to determine the extent and manner

*/ in which surface water of the Little Manatee River may be withdrawn and used.

At the date of execution of this agreement, the District, pursuant to Chapters

373 and 378, finds that:

a) The plan of diversion, set forth in Exhibit B, authorizes the capture,

storage, use or diversion of waters from the Little Manatee River in excess of

the average minimum flow at the point of capture.

b) Such capture, storage, use or diversion of water from the surface

water source will not interfere with the reasonable uses existing at the time

of the beginning of the capture, storage, use or diversion.

c) The use of such water is a reasonable use.

d) The use of such water is reasonable and consistent with property

rights and with the public interest in the proper utilization of the water

resources.

2. The Company may withdraw water from the Little Manatee River at the

point on the said river described in Exhibit A, attached hereto and made a

part hereof.

3. This Permit Agreement shall constitute a permit issued by the Dis-

trict to the Company, authorizing the withdrawal, capture, storage and use of

water from the Little Manatee River, in Manatee County, Florida, for:

a) Initial filling of the Manatee Plant Reservoir; and

b) The replacement of such water, as is needed from time to time, to

replenish the net loss due to seepage or evaporation from said reservoir; and

c) The replacement of such water, as is needed from time to time, to

replenish the storage "reserve" in said reservoir.

d) Other reasonable purposes necessary in the operation of the Manatee

Plant.

4. The District agrees that the Company may withdraw the waters of the

Little Manatee River, in Manatee County, Florida, for the purpose set forth

in paragraph 3 above for its operation of its 4000-acre Manatee Plant closed

system cooling reservoir, which is an integral part of its 1700 megawatt steam

electrical generating facilities, so long as such diversion is made pursuant

to the plan of diversion set forth in Exhibit B, attached hereto and made a

part hereof, and for no other purpose. At this time such withdrawal consti-
tutes a reasonable use of the water of the Little Manatee River.


3 -








5. The rmpany shall, at all times, keep the pumping facilities on the

Little Manatee River open to inspection by the authorized personnel of the

District, and the Company, when requested by the District, shall make available

for inspection its facilities and production records on the water taken from

the Little Manatee River, as provided for herein. All instrumentation neces-

sary to determine and monitor water inputs and outputs, rates of evaporation

and times of pump operations shall be furnished, installed and maintained

by the Company, at its own expense, and periodic reports of such activities

shall be forwarded to the District not less than quarterly, or, if necessity

requires, the District may obtain information from the records of the Company

at a lesser interval, provided said requests are reasonable in nature. The

Company shall submit a description of the instrumentation it plans to install

to the District for approval. The District shall approve or recommend changes,

in writing, within thirty (30) days of the date of submission. If the Com-

pany disagrees with the District, it may have a hearing, as provided for in

Chapter 373, Florida Statutes 1972, on the matter before the Governing Board

of the District.

6. The Company shall maintain the premises of which it has the use that

are subject to the permit herein, as described in Exhibit C, attached hereto,

including all appurtenant structures and improvements, in a neat, clean and

sanitary condition, and the Company shall maintain and otherwise keep, as

nearly as practicable, all of its installation and facilities in a color,

condition and manner as shall be compatible and harmonious with the existing

natural condition of the lands surrounding said facilities.

7. The Company also agrees to assume all responsibility for, and to

save harmless the District against all claims, or demands whatsoever for

damages or for compensation for injuries or death to persons and animals and

damage or destruction to property due or claimed to be due either directly

or indirectly to its operations, or to the act, or omission to act, of or by

itself, its agents, employees, workmen, contractors or subcontractors whicr

it may employ, arising out of the establishing, constructing or using of the

reservoir, pumping station supplying the reservoir or appurtenant facilities

for the reservoir; or from any leaks or breaks or spillovers from the reser-

voir or through, around or under the dikes, levees and embankments of the

reservoir, regardless of whether or not caused by negligence attributable to

the Company provided, however, that the Company shall not be responsible for



4 -








the negligence of the District or its employees. The Company further agrees

should such aforesaid claims or demands be filed in any court of law as a

suit or suits, that any judgments obtained against the District by reason of

any accident, accidents, injuries or damages, in any such suit or suits at

law against the District, shall be paid by the Company, which shall have the

right to join in the defense of such suit or suits. The Company shall have
the right to assist in the defense of any suit or action from the date a

claim is made. The District shall notify the Company, in writing, within

five (5) days from the receipt by the District of notice of any such claim or

suit. In the event the Company does not assist in the defense and it is

ultimately determined that the Company is liable for a judgment against the

District, then the Company shall be liable for attorney fees, court costs

and other legal expenses incurred by the District in defense of such action.

8. The Company may assign any of its rights, duties, or privileges here-

under to another licensed public utility for the uses provided herein. The

Company shall not assign any of its rights, duties, or privileges hereunder,

except as provided hereinbefore, without first obtaining the written consent

of the District which written consent of the District shall not be unreason-

ably withheld. In the event that the Company shall, at any time in the future,

abandon the pumping facilities or the reservoir of which the water is to be

used, the Company shall notify the District of such plan of abandonment and

the Company shall remove all of its facilities shown in Exhibit C.

9. It is the purpose and intent of the parties hereto that this use and

operation of the waters from the Little Manatee River shall be continuing and

permanent provided, however, notwithstanding any of the provisions contained

herein, this agreement shall not estop or in any way prevent the District

from the further regulation of the said withdrawals provided for herein as

the District is authorized and directed to do under and pursuant to Chapters

373 and 378, Florida Statutes 1972, and the laws of the State of Florida.

10. The Company shall notify the District, in writing, at least fifteen

(15) days prior to such time as it desires to begin the initial falling of

its reservoir. The Company shall make every effort to formulate its construc-

tion plans and progress so that initial filling of the reservoir shall come

at the time that the Little Manatee River has its highest annual flowage. The

Company will notify the District, in writing, when the reservoir is filled to

its operational capacity.


5 -




... .. ----- __. -






/11. The parties agree that, because of the overriding public interest in

a sufficient and economic supply of electrical power for use by the District

and by the citizens of the State, this Permit Agreement authorizing a plan of

diversion of water from one of the "Works of the District" in a location out-

side the territorial jurisdiction of the District presents a unique situation,

and the findings and determination that the Company's use of the water of the

Little Manatee River, within the meaning of Chapters 373 and 378, Florida

Statutes 1972, is solely related to the particular circumstances surrounding

the location and need for the Manatee Plant, and this determination shall not

be binding upon the District as to any other sites which the Company may

desire for the purpose of establishing steam electrical generating power

facilities and cooling systems, or as to any other parties the District may

presently be regulating or which may be regulated by the District in the future.


12. Should the District adopt criteria or a policy of allocation of

water resources to all reasonable beneficial users of the District's water

resources, the District agrees that such policies and procedures will give

full consideration to the Company's withdrawal of water permitted herein.


13. The District agrees to notify the Company, in writing, prior to

approving any application for use of the waters of the Little Manatee River

which would affect the Company's use of such water permitted herein.


14. This Permit Agreement constitutes the entire agreement between the

parties hereto, and any change, supplement, modification or correction of

this permit must be in writing and signed by the parties hereto.
t )-
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/IN WITNESS WHEREOF, the parties to this agreement have hereunto set
their hands and seals the day and year first above written.

Signed, sealed and delivered
in the presence of: ALAFIA RIVER BASIN BOARD


0"As to Alafia 'ive asin Boa r Chairman Ex Officio


SOUTHWEST FLORIDA WATER MANAGEMENT
DISTRICT, BY ITS GOVERNING BOARD



//Chairman

/ /. / -'- /'__ Attest .,,-,.... ;f
As to Soutbwest Florida Water Assistant Secretary
Management District and South-
west Florida Water Management
District (Regulatory) SOUTHWEST FLORIDA WATER MANAGEMENT
DISTRICT (REGULATORY), BY ITS
-, .GOVERNING BOARD


llr! 1. f Chairman

Attest/ .
Assistant Secretary


FLORIDA POWER AND LIGHT COMPANY, a
Florida public utility corporation


S ByVice r esid e

Co_y ~ Attest 'o
As to Company ASSISTANT S retary


















7 -











FIRST AMENDMENT TO PERMIT AGREEMENT


THIS FIRST AMENDMENT TO PERMIT AGREEMENT, made and entered

into this 12th day of November_ 1975, by and between

ALAFIA RIVER BASIN BOARD, a subdivision of the Southwest

Florida Water Management District, and the SOUTHWEST FLORIDA

WATER MANAGEMENT DISTRICT, a public corporation, and the

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY), a

public corporation, hereinafter referred to collectively as

"District," and FLORIDA POWER AND LIGHT COMPANY, a Florida

corporation, hereinafter referred to as "Company."

W I T N E S S E T H:

WHEREAS, the parties hereto entered into a Permit Agreement

dated the 17th day of April, 1973 for the purpose of authorizing

Company to withdraw, capture, store and use water from the

Little Manatee River, in Manatee County, Florida, for purposes

set out herein for Company's operation of its 4,000 acre

Manatee Plant closed system cooling reservoir which is an

integral part of its 1700 megawatt steam electrical generating

facilities, so long as such diversion is made pursuant to the

plan of diversion set forth in Exhibit "B", attached to said

Permit Agreement, and

WHEREAS, the parties hereto desire to amend said Permit to

provide for a new plan of diversion which the parties agree

is a reasonable and beneficial use of the water of the Little

Manatee River.

NOW, THEREFORE, for and in consideration of the promises

and mutual covenants herein contained, to be kept and performed

by the parties hereto, and for other good and valuable con-

siderations, it is hereby agreed as follows:

1. Exhibit "B" attached hereto is herevby substituted for

Exhibit "B" attached to the Permit Agreement dated the 17th day

of April, 1973.




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2. Said Permit Agreement dated the 17th day of April,

1973 is hereby ratified and confirmed as amended hereinabove

and shall remain in full force and effect in all other respects.

IN WITNESS WHEREOF, the parties to this Amended Agreement

have hereunto set their hands and seals the day and year first

above written.

Signed, sealed and delivered
in the presence of: ALAFIA, RIVER BASIN BOARD


,_ __'_, B y-
As to Aldfia River/Basin Board / i"Chairman Ex Officio


SOUTHWEST FLORIDA WATER MANAGE-
MENT DISTRICT, BY ITS GOVERNING
BOARD
< 7" 4 By JL y^
Chairman

Attest. ,,,. ., ,
As to Southwest Florida Water xatoe~xf Secretary
Management District and South-
west Florida Water Management
District (Regulatory) SOUTHWEST FLORIDA WATER MANAGE-
MENT DISTRICT (REGULATORY), BY
ITS GOVERNING BOARD

By IDZtu2g bN,- ay^ Zi
Chairman

| Attest/./!is,),//" ,^. .,Y .
ASsF~aIXaX' Secretary

FLORIDA POWER AND LIGHT COMPANY
a Florida Public Utility Corporatic


.. Vice jPresidept



As to Company Secretary / /






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