Title: Memorandum from Staff Attorney re: Contract Concerning Water Supply
CITATION PAGE IMAGE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00052282/00001
 Material Information
Title: Memorandum from Staff Attorney re: Contract Concerning Water Supply
Alternate Title: Memorandum from Staff Attorney re: Contract Concerning Water Supply and Water Sources Between Pasco County and WCRWSA.
Physical Description: 1p.
Language: English
Publication Date: Sept. 8, 1980
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 4, Folder 11 ( FIVE PARTY AGREEMENT ), Item 2
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052282
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


zeptuemoer 1, nau

MEMORANDUM
TO: C. H. MILLER, Division Director, Resource Development
FROM: JAY T. AHERN, Staff Attorney
RE: Contract Concerning Water Supply and Water Sources Between Paso
County and West Coast Regional Water Supply Authority

In reviewing the suggested agreement, I find that my concerns are with the ability
of the County and Authority to determine the future usages at Cypress Creek both
for a wellfield and multi purposes.

The Cypress Creek Agreement (Five Party Agreement) of November 14, 1973, provides
for the District to acquire title in the name of the District on behalf of Pinellas,
Pasco County, District and City of St. Petersburg. Also, any land acquired by
the City shall be conveyed to the District in conjunction with being compensated
for its value and the District hold all the lands as part of the District's Cypress
Creek Flood Detention Area. Upon completion of all land acquisition specified in
the Five Party Agreement, the District shall convey permanent easements and
groundwater rights to the City, Pinellas and Pasco for the construction, operation
and maintenance of a permanent wellfield site, pumping station sites, permanent
collector and transmission mains, treatment plant sites, roadways and power line
easements, the location and routes are subject to the reasonable written approval
of the District. All water rights to be divided among Pinellas, Pasco and City
proportionately in the same ratio as each has contributed to the total development
costs of said wellfield.
It is further provided in the Five Party Agreement that the District has the
right to flood said area for flood retention and conservation area.
According to the Five Party Agreement the rights of all parties were specifically
set forth and the recent agreement between the Authority and Pasco arns to
present a apparent conflict in purposes and rights. Since the Five Party Agreement
was priorly executed and governs the latter agreement should be modified to make
it conform to the earlier agreement.
Therefore, the Authority and Pasco should be reminded of the Five Party Agreement
provisions concerning title and usage of the lands for other than a wellfield
and transmission purposes. The District should closely monitor the parties
activities within Cypress Creek Wellfield and programs set forth to be assured
it is consistent with the District policies, rules and purposes of good water
management practices and the usage of water is a reasonable, beneficial use and
consistent with the public interest. All of these standards are made by the
District based upon information and data which needs to be presented by the
Authority and Pasco and is not evidenced in the agreement between the parties.
In summary, I view the Agreement between Pasco and Authority as setting forth
the parties general intent and approach to developing water for distribution
to Pasco. However, the District should monitor and comment on the areas
impinging upon the District's rights and responsibilities to manage the water
resources of the area involved by the agreement.

JTA:wp2
cc: Norman P. Stoker
L. M. Blain with enclosures







zeptuemoer 1, nau

MEMORANDUM
TO: C. H. MILLER, Division Director, Resource Development
FROM: JAY T. AHERN, Staff Attorney
RE: Contract Concerning Water Supply and Water Sources Between Paso
County and West Coast Regional Water Supply Authority

In reviewing the suggested agreement, I find that my concerns are with the ability
of the County and Authority to determine the future usages at Cypress Creek both
for a wellfield and multi purposes.

The Cypress Creek Agreement (Five Party Agreement) of November 14, 1973, provides
for the District to acquire title in the name of the District on behalf of Pinellas,
Pasco County, District and City of St. Petersburg. Also, any land acquired by
the City shall be conveyed to the District in conjunction with being compensated
for its value and the District hold all the lands as part of the District's Cypress
Creek Flood Detention Area. Upon completion of all land acquisition specified in
the Five Party Agreement, the District shall convey permanent easements and
groundwater rights to the City, Pinellas and Pasco for the construction, operation
and maintenance of a permanent wellfield site, pumping station sites, permanent
collector and transmission mains, treatment plant sites, roadways and power line
easements, the location and routes are subject to the reasonable written approval
of the District. All water rights to be divided among Pinellas, Pasco and City
proportionately in the same ratio as each has contributed to the total development
costs of said wellfield.
It is further provided in the Five Party Agreement that the District has the
right to flood said area for flood retention and conservation area.
According to the Five Party Agreement the rights of all parties were specifically
set forth and the recent agreement between the Authority and Pasco arns to
present a apparent conflict in purposes and rights. Since the Five Party Agreement
was priorly executed and governs the latter agreement should be modified to make
it conform to the earlier agreement.
Therefore, the Authority and Pasco should be reminded of the Five Party Agreement
provisions concerning title and usage of the lands for other than a wellfield
and transmission purposes. The District should closely monitor the parties
activities within Cypress Creek Wellfield and programs set forth to be assured
it is consistent with the District policies, rules and purposes of good water
management practices and the usage of water is a reasonable, beneficial use and
consistent with the public interest. All of these standards are made by the
District based upon information and data which needs to be presented by the
Authority and Pasco and is not evidenced in the agreement between the parties.
In summary, I view the Agreement between Pasco and Authority as setting forth
the parties general intent and approach to developing water for distribution
to Pasco. However, the District should monitor and comment on the areas
impinging upon the District's rights and responsibilities to manage the water
resources of the area involved by the agreement.

JTA:wp2
cc: Norman P. Stoker
L. M. Blain with enclosures





University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs