Title: Letter enclosing a copy of M. R. Stierheim's memo
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 Material Information
Title: Letter enclosing a copy of M. R. Stierheim's memo
Alternate Title: Letter enclosing a copy of M. R. Stierheim's memo dated Aug. 15, 1973, on the subject "Water Negotiations."
Physical Description: 12p.
Language: English
Publication Date: Aug. 16, 1973
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 3, Folder 6A ( WEST COAST REGIONAL WATER SUPPLY AREA B3F6 ), 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: UF00051700
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
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Full Text


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3. Pinellas County and St. Petersburg shall be given an opportunity to thoroughly


review and make recommendations pertaining to the Water Ordinance now in a preparatory


stage which may be considered by Pasco County in the near future.


4. Pinellas County and St. Petersburg shall be permitted to immediately acquire


the railroad right-of-way easement with whatever stipulations may be required by the


District or Pasco County or. in the alternative the District should acquire the right-of-way


with adequate guarantees and protection so that Pinellas County and St. Petersburg can


construct the necessary pipeline to theCypress Creek well field.


5. It is understood and should be a part of any agreement that no governmental


entity shall make a profit from either the sale of wateror the use of transmission facilities.


All payments for such services from one governmental agency to another shall be based


on actual cost, reasonable overhead, or prorata land costs, transmission and pumping


facilities, and all such costs shall be subject to audit and arbitration in the event of


disputes in accordance with the laws of Florida.









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6. Pinellas County agrees that if pumping reductions are justified and provable


at the Eldridge-Wilde well field that the County will reduce said pumping as new


wells are added to the County system on a ratio of 50 percent of the water taken from


said wells for reduction purposes and 50 percent for controlled growth within Pinellas


County.


7. While not directly related to this agreement it seems logical and desirable


that Hillsborough County negotiate with the City of Tampa to' obtain water from the


City even if it is on an interim basis as required for controlled growth. This could


reduce the burden on St. Petersburg and indirectly on Pinellas County.


8. Pinellas County pledges to proceed with all of the water conservation


measures included in the position statement of July 30, and further, it is willing to


enter into an agreement with the Southwest Florida Water Management District pertaining


to regulating the Eldridge-Wilde well field provided that mutually acceptable drawdown


levels can be established on the basis of scientific evidence to be negotiated by


hydrologists from the District and the County consultant.


9. With regard to the option extended to Pasco County by Pinellas County,


Pinellas County desires that the well field and pumping facilities be owned jointly





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on a fifty-fifty basis and will extend an indefinite option to Pasco County to


purchase and acquire the same.


10. It is further the desire of Pinellas County that should a bi- or tri-county


water authority be established that both Pasco and Pinellas Counties would agree to


permit the purchase of the well field and pumping facilities by the authority. During


our discussion we did not spend very much time on the concept of an authority either


by an Act of the Legislature or through Interagency Agreements. Pinellas County


believes that there is much to be said for this concept.


Monthly staff meetings could be held, including representatives from the


participating governmental agencies. Reporting procedures could be established to


the elected officials of the governments represented and through the news media to


encourage public support. These efforts would lead toward the development of a special act


to be considered by the Legislature at the next session. The Act would create a regional


water authority which would have fund raising powers and be responsible for the prospecting


of water resources, the development of well fields, and some transmission facilities;


while the respective governmental agencies would be responsible for the distribution


within their jurisdictions and would purchase water from the authority.















August 16, 1973












Mr. D. R. Feaster, Executive Director
Southwest Florida Water
Management District
Post Office Box 457
Brooksville, Florida 33512

Dear Don:

I am enclosing a copy of Mr. Stierheim's memo dated
August 15, 1973 on the subject "Water Negotiations"
which was sent to representatives from Hillsborough
County, Tampa, Pasco County, St. Petersburg and
SWFMOD who attended the meeting of August 13, 1973.

Sincerely,



IMB cs L. M. Blain

Enclosure






a 0



TO: Those representatives from Hillsborough County, Tampa, Pasco
County, St. Petersburg, and Southwest Florida Water Management
District who were present at the meeting of August 13, 1973.

FROM: M. R. Stierheim, Pinellas County Admi\ t tr

SUBJECT: Water Negotiations

DATE: August 15, 1973

The following report has been prepared in accordance with your request.
I want to emphasize that the following observations do not reflect the official
position of any governmental jurisdictions recognizing that we are negotiating
on an administrative level and that any negotiated agreement would require full
public discussion of the respective elected officials of the governments involved.
The first two sections deal with the possible agreement between Pinellas County/
St. Petersburg and Pasco County, and the third section includes other related observations
and/or suggestions.


Pinellas County and St. Petersburg would enter into agreements with Pasco


County the terms of which would generally provide:


1. That Finellas County, St. Petersburg, and Pasco County recognize the


needs that each County and the City has for water resources and mutually respects the


basic responsibility of each County and City to provide for the needs of their respective


citizens both those that reside today and those that will be domiciled there in the future.


2. That Pasco County recognizes that Pinellas County and St. Petersburg


are on a peninsula, surrounded by water, that does not have sufficient water resources


within the County boundaries to fulfill the water requirements of present and future


Pinellas County citizens.


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3. That Pinellas County and St. Petersburg recognize that Pasco County must


protect its present and future citizens for adequate water supply, and in consideration


thereof both Pinellas, St. Petersburg, and Pasco Counties hereby covenant and agree


that each County shall and will perform as follows:


Pinellas County and St. Petersburg


1. Pinellas County may proceed to acquire necessary right-of-way and construct


thereon a water transmission pipeline from the Cypress Creek well field area to the


Eldridge-Wilde well field area.


2. That Pinellas County may acquire lands for a Cypress Creek well field


and construct wells thereon (subject to the approval of Southwest Florida Water Management


District) for the supply of water to the transmission line and subject to options herein


enumerated.


3. That Pinellas County shall be guaranteed 25 MGD at the Cypress Creek


well field (and additional amounts as specified in this agreement) for transmission to


Pinellas County through the subject transmission line. If 25 MGD cannot be provided


from the Cypress Creek fields for Pinellas County, then additional supplies will be


allocated from elsewhere in Pasco County.







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4. That St. Petersburg shall be guaranteed 20 MGD at the Cypress Creek


well field (and additional amounts as specified in this agreement) for transmission to


Pinellas County through the subject transmission line. If 20 MGD cannot be provided


from the Cypress Creek fields for Pinellas County, then additional supplies will be


allocated from elsewhere in Pasco County.


5A. That Pinellas County and St. Petersburg agree that after the 45 million


gallons per day have been removed and subject to the availability of additional water


resources from the Cypress Creek well field, that Pasco County shall have first claim


on the next 15 million gallons, at any time in the future. In the event that Pasco County


does not require the 15 million gallons or until such time as Pasco does require the same,


that amount may be withdrawn by Pinellas County and St. Petersburg to be distributed


as follows:


The first 5 million gallons of the 15 million gallons will be allocated


to Hillsborough County, if required, and the remaining 10 million gallons


would be divided between Pinellas County and St. Petersburg on a percentage


basis with 62 percent to Pinellas County, or 6.2 million gallons, and 38 percent,


or 3.8 million gallons, to St. Petersburg..






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5B. Any amount of pumping in excess of 60 MGD would be divided on a


fifty-fifty basis with 50 percent going to Pasco County and 50 percent going to


Pinellas County and St. Petersburg at the same 62 percent/38 percent ratio.


Again, if Pasco County does not require the excess water available above


the 60 million gallons, then Pinellas County and St. Petersburg shall have first claim


on the water resources, it being further understood that St. Petersburg will, from its


share of the excess watersupply additional water to Hillsborough County at


percentage of St. Petersburg's share.


6. Pinellas County and St. Petersburg agree to reduce the current pumping


levels at well fields owned and operated by them in northwest Hillsborough and


northeast Pinellas County in accordance with the following criteria:


Pumping limitations shall be based on scientific, hydrological data


and shall be related to drawdown levels as opposed to specific gallonage to


be removed. These levels shall be mutually agreed upon by Pinellas


County/St. Petersburg and the Southwest Florida Water Management District.


It may be that a portion of the gallonage pumped from the well fields will,






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subject to mutual agreements, be used to recharge depleted lake


levels in the shallow sands surrounding the subject well fields.


7. Pinellas County will review claims for mitigation from property owners


adversely affected in the vacinity of the Eldridge-Wilde well field and will, to the


extent legally permissible, provide relief where justified. This may include raising


the level of certain lakes or replacing wells; however, it is expressly understood that


such cases shall be thoroughly reviewed, that other factors such as unseasonable drought,


drawdowns for irrigation purposes from the lakes or surrounding area by private interests,


and any other contributing factors shall be included in the mitigations.


8. St. Petersburg agrees' to review claims for mitigation in and about its


three well fields in northwest Hillsborough County in accordance with an already


established and on-going program.


9. Pinellas County agrees that it shall extend an option to Pasco County to


purchase the Cypress Creek well field owned by Pinellas County. This option shall be


effective immediately; however, it is agreed that Pinellas County, in the event the


option is exercised by Pasco County, shall be permitted to develop and operate the







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well field and related production facilities until such time as it is mutually agreed


that Pasco County has financing, an organization, and staff necessary and competent


to take over the management and operation of the well field.


In the event Pasco County chooses to exercise that option, they shall pay to


Pinellas County the then appraised value (at the time the option is exercised) of the


land and all improvements'thereon including wells and internal transmission facilities,


collector pipes, chlorination and pumping facilities, buildings and other structures,


flood retention facilities, etc.


In the event that Pasco County exercises this option, it shall be expressly agreed


that Pinellas County shall pay to Pasco County the prorated direct costs, subject to


audit, of the actual costs of removing water by Pasco County from the well field to be


consumed by Pinellas County including maintenance, depreciation, other capital costs


which shall be calculated and agreed upon under separate contract, it being further


understood that at such time as capital costs of the well field are liquidated that the


capital cost shall be eliminated from the payment made by Pinellas County for water


remov ed .










10. Within one year from the date of this agreement, Pinellas County


shall prepare and adopt a County-wide land use plan which shall provide guidelines


for the future development of Pinellas County and provide reasonable estimates as to


the growth of the County and future water requirements.


Pasco County


In addition to the foregoingprovisions, including the purchase option,


Pasco County shall:


1. Immediately prepare a competent hydrological study of the Cypress Creek


area making such information available to Pinellas County and the Southwest Florida


Water Management District.


2. Pasco County shall within two years prepare a competent hydrological study


of the entire County, and such study shall indicate the available water resources within


the entire County.


3. Within one year from the date of this agreement Pasco County shall prepare


and adopt a County-wide land use plan which shall provide guidelines for the future


development of Pasco County and provide reasonable estimates as to the growth of the


County and future water requirerre nts.







S-8-


4. Pasco County agrees that should they find it convenient to connect into


the 84 inch water transmission line that they will pay a prorata fair share of the


capital and operating cost for that amount of the transmission line that they would use.


This could be predicated on either a direct capital contribution or a capital cost


charge being added to the capacity used.


Additional Considerations and Observations Affecting Pasco County, Pinellas County,
St. Petersburg, Hillsborough County, and Southwest Florida Water Management District


1. The Southwest Florida Water Management District should begin immediate


study of the design and construction of salt water intrusion control devices of the


Anclote and Cotee River basins.


2. Hillsborough County, the City of Tampa, Pinellas County, and the City


of St. Petersburg, and Pasco County (possibly the City of Port Richey) shall jointly


form a water resources advisory board made up of elected and appointed representatives


to meet periodically for the purpose of discussing matters of mutual interest affecting


water resources and the supply thereof as well as to communicate with Southwest Florida


Water Management District and any other regulatory bodies having an interest in


water resources management.





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