Title: Agreement between SWFWMD, SWFWMD (R), Pinellas County, Pasco County, Hillsborough County, and City of St. Petersburg. Nov. 14, 1973. 16p., Exhibit On
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Title: Agreement between SWFWMD, SWFWMD (R), Pinellas County, Pasco County, Hillsborough County, and City of St. Petersburg. Nov. 14, 1973. 16p., Exhibit On
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Full Text

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: .v \


AGREEMENT


THIS AGREEMENT, Made and entered into this /f day of

_L f^(^ 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," HILLSBOROUGH COUNTY, a political

subdivision of the State of Florida, hereinafter referred to as

"HILLSBOROUGH," 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, HILLSBOROUGH 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

reservior 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 Hillsborough County, Florida; and


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WHEREAS, PINELLAS and CITY get their fresh water supplies

from certain well fields, 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, HILLSBOROUGH, ever mindful of its future needs for

potable water supplies, and currently being a production area for

water which is transported to and consumed in another county,

desires to promote the prompt formulation and implementation of a

regional approach toward water production; and

WHEREAS, SOUTHWEST FLORIDA WATER 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 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 supply, allocation and use in the

area; and

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WHEREAS, 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 Legislature have called for recommendations for solutions to

present and anticipated problems related to water supply and 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. 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, respon-

sibility 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 decision

is necessary in the forthcoming regular legislative session.

3. That any regional water supply should utilize all practical

means of obtaining potable water, including withdrawals of surface

water, withdrawals of groundwater, recycling of waste water and

desalinization.
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4. That the regional authority should engage in the production

and treatment of water which should then be available at cost to the

respective counties and cities for local distribution; that 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 reflecting

1" 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 develop-

ment 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 transmission

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. DISTRICT, PINELLAS, PASCO and CITY, simultaneous with

the execution of this AGREMENT, are also executing a "CYPRESS

CREEK 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 CYPRESS CREEK

AGREEMENT, a copy of which is attached hereto as EXHIBIT 1.

10. Pursuant to the terms of the CYPRESS CREEK AGREEMENT, the

parties agree to explore the feasibility of utilizing the Cypress


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Creek Flood Detention Area s a well field, so long as it will also

serve as a flood detention and water storage area. The right to

the use of such well field,- 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 1, 1973,

until the CYPRESS CREEK well field has been brought into production,

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 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.

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 groundwater.

14. That the lands described in paragraph 13 above, and the

groundwater withdrawal therefrom, are within the boundaries of the

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

regulations and authority of the DISTRICT.

15. 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. PINELLAS COUNTY, however, by signing this



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AGREEMENT does not admit or acknowledge that its'operation of its

Eldridge-Wilde well field has caused any damage to the aquifer.

16. 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 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.

18A. The parties agree that, based upon current scientific

knowledge, technology and theory, the Eldridge-Wilde well field can

most appropriately be regulated by the establishment of monitor

levels and that the gallonage hereafter set forth will be converted

to monitor levels on October 1, 1974, or as soon thereafter as

possible.

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







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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 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 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 new production year

shall start on October 1, 1974 and each October 1, thereafter.

Accumulations may be withdrawn at any time, subject, however, to

the limitations imposed by paragraph 2 above but such accumulations

shall not carry over from one production year to another beyond

the first six weeks of such production year. Deficit production

over cumulative amounts shall only be permitted during the first

six weeks of each production year.

"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.
















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"b. That the maximum withdrawal rates set forth herein-

above 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 vertical movement of the saltwater fresh-

water 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 request for review of said order by the Department of

Natural Resources.

22A. PINELLAS, in submitting to the jurisdiction of DISTRICT

to regulation pursuant to the laws under which the DISTRICT

operates, reserves unto PINELLAS any right to contest future orders

issued thereto which PINELLAS may have under the Constitution of

the State of Florida and of the United States and under the

General Laws of the State of Florida.

22B. PINELLAS and DISTRICT agree to expedite all provisions

necessary to enable PINELLAS to carry out the terms of this

AGREEMENT.



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23. That the CITY operates certain well fields in Hillsborough

County, Florida known as the Cosme-Odessa well field and the Sec-

tion 21 well field, and 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 groundwater.

24. That the lands described in Paragraph 23 above, and the

groundwater withdrawal therefrom, are within the boundaries of the

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

regulations and authority of the DISTRICT.

25. 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.

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 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:

"(I) 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

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Final -Retyped 11-12-(3







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.

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

potentiometric surface of the FloridaiAquifer be more than 4 feet

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 to become

effective October 1, 1974.

"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

cumulatively 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.




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Final Retyped 11-12-73





"b. A recording precipitation gage locat d within the

well field.

"4. Specifications and locations of the above facilities shall

be approved by tte Staff of the SOUTHWEST FLORIDA WATER MANAGEMENT

DISTRICT.

"5. 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 well field will be closely monitored;

any adverse horizontal or vertical movement of the saltwater fresh-

water 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."

27A. 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 1

through 4, 6 and 7 of SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

(REGULATORY) Order No. 72-1 to provide as follows:

"i. That the CITY, its agents and employees, shall not with-

draw, or cause to be withdrawn, from the wells in the aforesaid

Cosme-Odessa well field, Hillsborough County, Florida, any amount

of water which will cause the weekly average elevation of the

potentiometric surface of the Floridan Aquifer as determined cumula-

tively to be less than:

"a. Twenty-two (22) feet above mean sea level as measured

at the "Water Plant E-100" observation well

(280548N0823557).

"b. Twenty-five (25) feet above mean sea level, as




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Final Retyped 11-12-73






measured at the "James 11" observation well

(280703N0823417).

"c. Twenty-four (24) feet above mean sea level, as

measured at the "Calm 33A" observation well

(280836N0823438).

"2. That the CITY, its agents and employees, shall not

withdraw, or cause to be withdrawn, from the wells in the aforesaid

Section 21 well field, Hillsborough County, Florida, any amount of

water which will cause the weekly average elevation of the potentio-

metric surface of the Floridan Aquifer as determined cumulatively

to be less than:

"a. Thirty-three (33) feet above mean sea level, as

measured at the "Hillsborough 13" observation

well (280704No823030).

"b. Thirty-four (34) feet above mean sea level, as

measured at "Jackson 26A" observation well

.(280753No823059).

"3. a. At no time shall the weekly average elevations of the

potentiometric surface of the FloridanAquifer be more than 3 feet

below the elevations set forth in paragraphs 1. and 2. above.

"b. 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

cumulatively from November 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.

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"d. The total maximum withdrawals from the combined

Cosme-Odessa and Section 21 well fields shall not exceed 168

million gallons per week which amount shall not be figured

cumulatively. Production shall be reasonably balanced between the

two well fields.

"4. 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 on each week.

"6. A hearing shall be held on April 10, 1974 to consider

establishing of monitor levels for the shallow aquifer to become

effective October 1, 1974.

"7. 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 well field will be closely monitored;

any adverse horizontal or vertical movement of the saltwater -

freshwater interface could necessitate appropriate modification of

regulatory levels or sucn 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 orders containing

the provisions set forth hereinabove and hereby consents to DISTRICT

making such regulatory orders.

29. 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, including

specifically paragraph 19.


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FIinal R.ctypod 11-12-7





30. It is specifically agreed between DISTRICT and CITY that

this AGREEMENT shall be null and void insofar as it relates to CITY

unless the DISTRICT issues regulatory orders consistent with the

provisions set forth herein, including specifically paragraphs 27

and 27A.

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

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.

31A. All parties to this AGREEMENT shall be afforded full

access to all monitoring devices and records at any reasonable time.

32. The SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT hereby

affirms that, at a duly constituted meeting of its Board of

Governors on the / day of .. lt1 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 f 3 day of

k)^(eAA\ ^ 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 I day of

-/ \ % 4 9 1973, it approved the terms of this AGREEMENT

and the execution thereof by PASCO.





.'Final R(typd 11 1.






'55. CITY hereby affirms that, at a duly constituted meeting

of the City Council on the / day of /V / 1973,

it approved the terms of this AGREEMENT and the execution thereof

by CITY.

36; HILLSBOROUGH hereby affirms that, at a duly con tituted

meeting of the Board of,County Commissioners on the / day

of / / 1973, it approved the terms of this AGREEMENT

and the execution thereof by HILLSBOROUGH.

37. 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.











































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., Final lUr'ityp:,,'(l 11-12-7






IN WITNESS WHEREOF, the parties hereto have executed this

AGREEMENT the day and year first above written.

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



/ Chairman


As to Southwest Florida Water Attest /_ t
managementet District Secretary


PINELLAS COUNTY



Chairman, Board of
County Commissioners

As tp Pinel is
Attoes
Clerk of tht Circuit Court


PASCO COUNTY



// Chairman, Board of
*c 7County Commissioners

As to Pasco

". Att sCleri of the circuit Court


CITY OF ST. PETERSBUR- G


B^ h B



A-o City Attest /



HILLSBOROUGH COUNTY .



~ J chairman, Bo-drd of __-
~ / ~/1 .. / C countyy Commissioners-

/ s to nillsborouigh
Attesb i .L_ _-- c-"^^
lork o tho Ci-cuit Cot

-t._____r^--------O













CYPRESS CREEK 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

HILLSBOROUGH RIVER BASIN, a subdivision of the Southwest Florida

Water Management District, 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, Hillsborough River Basin is a subdivision of the

Southwest Florida Water Management District, as provided under

Chapter 61-691, Laws of Florida 1961, as amended; 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 Hillsborough County, Florida; and

WHEREAS, Pinellas and City get their fresh water supplies

from certain well fields 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











inorder tI.it tll-rc will "not be a shortt;Ie of water in itr;

rapidly developing a rcanr; and

WHIEREAS, te District.has not as yet formulated a plan for

allocation, as provided for in Chapter 373, Florida Statutcs. and,

therefore, the District cannot -make any allocations of groundwater

to any user at this time; and

WHEREAS, Pinellas and City, for the purpose of supple-

menting their supply of potable water, and Pasco, for the

purpose of facilitating the development of its potable water

system, desire to construct, maintain and operate a number

of test wells upon the aforesaid lands of the District for such

periods of time as will be reasonably ,necessary, expedient or

desirable to determine whether the quantity and quality of water

available in and from such area is such as to make it econ-

omically feasible for Pinellas, Pasco and City to finance,

construct, maintain and operate upon such lands a permanent

well field consisting of production wells, collector mains,

pumping stations, treatment plant, transmission lines and access

roadways; and

WHEREAS, if it shall be determined by Pinellas, Pasco and

City that such permanent well field is economically feasible,

Pinellas, Pasco and City desire to acquire the..permanent rights

and interests hereinafter mentioned in the above described

lands of the. District for such purposes; and

WHEREAS, even though the District is in the process of

acquiring the lands within the Cypress Creek Flood Detention

Area, it is unable, at this time, to complete the acquisition

of all of the necessary lands, and it may be several years

before acquisition can be fully accomplished; and

WHEREAS, it is for tlhe benefit of tlhe citizens and tnax:payers

of th. St;i-to of lorida tht a cooperat-ive. effort beC made by the

pnrt:.i.,,, lue cto to .i.ncd.iately ticquir, by purcln,.. .lift or con-





*^ ) ^











iU; tl1i legal11 descriptioll of -certin real property within adjacent ar.

Simniedi'atcly coCntiguous to thIe lands described in Exlhibit .A, attached

hereto, which the City has purchased for the purpose of a fresh

water well field,. and the parties hereto desire the said lands des-

cribed in said Exhibit B shall be made a part of this agreement and

WHEREAS, Pinellas, Pasco, City and District have entered into

this agreement to make the most efficient use of their powers by

enabling them to cooperate on a basis of mutual advantage and

thereby to provide services and facilities in a manner of, and

pursuant to, forms of governmental organization that will accord
best with geographic, economic, population and other factors

influencing the needs in the development of the local communities;

WHEREAS, Pinellas, Pasco, City and.District' believe that it

is for the best interest of the public that they serve to

develop a well field in the Cypress Creek Flood Detention Area;

NOW, THEREFORE, in consideration of the mutual covenants and

conditions herein contained and for other good and valuable con-

siderations, the parties hereto agree as follows:

1. The parties agree that the lands described in Exhibit A,

attached hereto, shall be immediately acquired and used for the

following multi-purposes, to-wit:

(a) Flood Control and water storage area;

(b) Fresh water well field;

(c) Wildlife refuge;

(d) Outdoor recreation and open space.

S.. These lands shall not be used for any other purposes without the

written consent of all parties.

2. In order to achieve maximum utilization of thle lands, the

parties agree to proceed in phases to bring about the multi-purpose-

set forthl in paragraph 1. above. At this time, it is desirable

to proceed with tlhrce phanes that can be generally described as

fol lows:

Pha:e 1 Lland acquti:.-i tion;

Pha;.e 2 Con:.t ruct ion of t:st w 'lls and te ( t" ing of ;:',,e;

PhaIsc 3 Construction and operation of well field.
I 9 I____










3, 11,l',' ] L I,,L ^ A,'< {.0" iy t.c.Ii !

a) Land acquisition costs shall be paid 50L by the

District and 50% by Pinllas, Pas:;co and City, apportioned onc:-t-ird


b) The District shall have the lands described in Exhibit 2.,

attached hereto, appraised, and then notify Pinellas, Pasco and City

in writing, of the full acquisition costs of the land, including but

not limited to land values, appraisers' fees, attorneys' fees, and

landowners' appraisals and attorneys' fees, and the amount of fund s :ha

the.District has available to commence the acquisition of said lands,

and then Pinellas, Pasco and City shall deposit with the District, .i..-

in 90 days of said notification, their share of said funds equal to

the amount available by the District for said land acquisition.

Said funds to be deposited in accounts of the District in banks auth:-

rized under the laws of the State of Florida and to draw the maximum.

amount of interest; such interest shall be credited to Pinellas, Pasco

and City in their respective proportionate shares.

c) Within 30 days the District shall prepare and distribute

to the parties a land acquisition schedule, together with supporting

documents and with a status report of condemnation suits currently

pending. Such schedule shall include a time table.giving estimates

of the amounts and dates funds will be needed to complete phase 1.

d) Immediately upon the deposit of said funds by Pinellas,

Pasco and City, District shall proceed to acquire all of the lands

that it is able to with the amount of funds it has available

through the District, Pinellas, Pasco and City. The title to said

lands shall be acquired in fee simple, free and clear of all liens

and encumbrances except taxes for the current year, and shall be

placed in the name of the District for the benefit of District,

Pinellas, Pasco and City pursuant to the terms of thlis agreement.

o) All costs of land acquisition shall be in accordance

with normal, and u ,sual pr-cedures and costs incurred by the Di st:r.ict






-io: )v, ]. ,- CLli c o l) ( .I')



it shall notify .Pincllas, Pa;co and City to deposit.i their pro rata

phare of th additional funds with tihec District within 90.days.

Upon completion of said land acquisition, the District shall give
a complete accounting of the land acquisition costs to Pincllas,

Pasco and City, in writing, and shall certify the same to be true

and correct.

f) Pinellas, Pasco and City shall cooperate with the

District and agree to join the district as co-petitioners in eminent

domain proceedings in connection with acquisition of said lands.

g9 The City is the owner of the lands described in

Exhibit B, attached hereto, a 'portion of said lands being within the

lands described in Exhibit A and a portion being adjacent, and immed-

iately contiguous thereto. The parties, hereto agree that the City is

to be compensated for the costs of acquiring the lands described in

Exhibit B, and said costs are to be substantiated and/or certified l--

the City to be correct. After said costs havd been substantiated,

as hereinbefore provided, the moneys paid thereunder by the City

are to be credited against the moneys that the City is required

to contribute under the provisions of this agreement. Said lands

described in Exhibit B will become a part of the District's

Cypress Creek Flood Detention Area, and the title thereto will

be conveyed by the City to the District, free and clear of

all liens and encumbrances, at the same time that the District

grants the permanent easement and groundwater rights to the City,

Pinellas and Pasco, as provided in paragraph 5(b) hereof; provided,

however, that if the Cypress Creek Flood Detention Area is not

developed into a productive well field, as provided for herein,

on or before January 1 1975, then the City's lands, as described

in Exhibit B, shall automatically revert to the City, and, upon

written request, the District shall immediately convey said

lands described in :Exhlibit B to the City, free and clear of

all lions and nclui-brancs.

4. Ph^.'* 2 C n-t' c't'l ," onlil of T Wol d t-rr. 'i nc f f^J i',1^ ,












shall -have tlhcir consulting engineer, and their staffs and pllannrs

design and supervise a test program to determine the quality and

the estimated quantity of water available. The test program.

shall include, but not be limited to, constructing test wells,

conducting pumping tests and laying out the facilities in such a

manner as to make it economically and hydrologically feasible for

Pinellas, Pasco and City to finance, construct, maintain and operate

upon such lands a permanent well field. All test programs, test

wells, pumping tests and laying out of facilities shall be at the

expense of Pinellas, Pasco and City. Due consideration shall be

given to the multi-purposes in preparing said plan. The firm of ccn-
sulting engineers, hydrologists and planners chosen by Pinellas, Pas::

and City shall be experienced in the field of hydrology and fresh water

well field designing and construction, and prior to the implemen-

tation of the plan for the construction of wells for the. operation

of the pumping tests, the same shall be submitted to the District

for written approval, and said written approval or suggested modi-

fication of the plan shall be given to Pinellas, Pasco and City

by the District within 20 days of receiving the proposed plan of

construction and testing from Pinellas, Pasco and City.

5. Phase 3 Construction and Operation of Well Field.

a) In the event Pinellas, Pasco and City, from the study

analysis and projection of the.test well operation records, costs,

and engineering, construction and financial consideration, shall

determine that a permanent well field upon the said lands shall

not be. economically and hydrologically feasible, then Pinellas, Pas::

and City shall notify the District of such determination, in

writing, on or before January 1, 1975, and this agreement shall in

that event terminate as to Pincllas, Pasco and City and be of no

further force and effect, except that Pincllas, Pasco and Ci.ty shall;

have a reasonable time in which to remove their test well installati "-

provided, however, that any and all tost w.ll:; left in place, shall


1)0capedor lupie, t te xpeseof in ll, Pasco 1n Ct,












Said wc lls should b capped or plucjgged.

9 b) In the event Pincllas, Pasco and City shalll determine

that it shall be economically and hydrologically .feasible to

finance, construct, maintain and operate a permanent well fieid

upon such lands, it shall notify the District, in writing, of

such determination, and Pincllas, Pasco and City shall, at their

own cost and expense, survey, or cause to be surveyed, permanent well

sites and pumping station sites, permanent collector and trans-

mission mains, a treatment plant site, roadways and power line ease-

ments, the location and route, of which shall be subject to approval,

in writing, by the District which shall not be unreasonably with-

held. Pinellas, Pasco and City shall prepare, or cause to be

prepared, appropriate legal descriptions of such sites and easements.

Upon completion of such surveys and the preparation of

such legal descriptions, the District shall, by good and sufficient

conveyance, deed, grant and convey to Pinellas, Pasco and City, free

and clear of all encumbrances, the groundwater rights in and to

the aforesaid lands of the District, together with the perpetual

easements and permanent rights of way for the construction, re-

construction, maintenance, repair, use and operation of production

wells, pumps, collector mains, pumping stations, transmission

mains, roadways and power lines in, over, through and across the

lands described in the legal descriptions to be prepared by

Pinellas, Pasco.and City, as heretofore provided. Pinellas, Pasco

and City shall divide the total amount of ground water to be re-

moved '.from the well field proportionately in the same ratio as
each has contributed to the total development cost of said well field.

Development costs shall be apportioned one third each to Pinellas,

Pasco and City; provided, however, that Pinellas, Pasco and City

agree that they will sell up to 20% of the water produced from said







0 0




9 '


provided said designee shall pay the cost thereof as defined in

Exhibit C, attached hereto, on a gallonage basis. All water production

facilities will be operated by Pinellas, Pasco and the City with produc-

tion costs apportioned on a unit consumed basis.

c) The District, having acquired the lands herein

affected for use as a flood retention and conservation area,

shall .have the right to flood said area for such purpose; and

Pinellas, Pasco and City shall have the right to excavate, borrow

or remove dirt from said lands at a site or sites to be approved

by the District, in writing, within a reasonable distance of the

well, pump and pumping station sites- and the roadway rights of

way for the purpose of filling the same to a grade above that

of the design flood elevation, provided'that adequate roadway

drainage, as approved by the District, shall be provided by

Pinellas, Pasco and City,

d) Pinellas, Pasco and City shall indemnify and hold

harmless the District of, from and against all claims, demands,

suits or actions for bodily 'injury or property damage arising out

of, or resulting from, Pinellas', Pasco's and City's operations in

and about the Cypress Creek Flood Detention Area. The District

shall indemnify and hold harmless Pinellas, Pasco and City of,

from and against all claims, demands, suits, or actions for bodily

injury or property damage arising out of, or resulting from,

District's operations in and about the Cypress Creek Flood De-

tention Area, for which the District is legally liable.
e) Pinellas, Pasco and City shall, at their own cost and ex-

pense, construct and maintain roadways for ingress and egress

to and from such test wells and to such permanent well field

facilities until such time as the District shall open said above

Cyp:ro;:; Creek Flood Detentiojn Area to thle general public and thlere-

aftr t 1 D si;trict: : l. tl:ake ov'r the mn inten ncoe of such ronw y'*.



-.-------- -.,,-. ...........












f) Pinellas, Pasco and City shall at all timlles keep tlhe tct

wells and the permanent production well field open to inspection

by authorized personnel of the District, and Pincllas, Pasco and City

when requested by thc-District,-shall make-said test and permanent

well production records available to the District for inspection

or copying for use in its continuous study of surface and ground

water intercorrelation.

g) Pinellas, Pasco and City shall use the premises and all

rights, privileges and easements herein granted to the extent

needed to carry out the true intent and purposes of this agreement

and for no dther purposes; Pinellas, Pasco and City shall maintain

the premises and all appurtenant structures and improvements in a

neat, clean and sanitary manner and condition; and Pinellas, Pasco ar.

City shall paint and otherwise keep, as near as-practicable, all

of their installations and facilities in a color, condition and

manner as shall be compatible and harmonious with the use of such

area by the District as a natural wilderness, park and recreational

area.

h) Pinellas, Pasco and City do hereby declare their intent

to develop and use the Cypress Creek area for the next stage of

their additional water supply program, provided there is suffi-

cient water of the quantity and quality to meet their needs in

an economically feasible manner. If there is sufficient water of

the quantity and quality to produce a minimum of 45 mgd in an eco-

..0nomically feasible manner, then Pinellas, Pasco and City shall defer

the development of any other water sources within Pasco County.

This paragraph (h) shall not preclude the construction of addi-

tional wclls where consent for such construction shall have been

obtained from tlhe Dis;trict and from adjacent and affected land

owners. T'i's construction shall be subject to permit and requ-

lation by the D.i.strict.

_____/1 r; .^ _





Q.







'




i) The production well sites shall be approximately 50 feet

by 50 feet each, and the pumping station sites shall consist of

approximately two acres each, one treatment plant site not to e::cee

30 acres. The transmission main easements shall be such as shall

*carry out the present plans of Pinellas, Pasco and City, namely

that the water will be pumped to the main transmission lines via

a treatment plant or facility directly into the distribution

system of Pinellas', Pasco's and City's water systems.
"j) Pinellas, Pasco and City shall not assign this agreement

or any of their rights or privileges hereunder without first ob-
taining the written consent of the District which consent

shall not be unreasonably withheld. Upon the establish-

ment by the legislature of a regional water supply authority or

the delegation to an existing governmental entity the primary

responsibility for providing a regional water supply for an area

which includes Pinellas, Hillsborough and Pasco Counties, the parties

hereto agree that Pinellas, Pasco and City shall, upon request of

such authority .or entity, transfer their rights and privileges here-

under and they shall receive full compensation from the said regional

water supply authority for the costs that they contributed to land

acquisition, as well as the costs for engineering, testing and per.-

anent construction provided for herein.

k) As used herein and in the conveyances h]erein provided

for, the term "recreational rights" shall mean the sole, exclusive

and permanent right to use and control the lands in which such

rights arc granted for public recreational purposes; the tcrm

"flood rigclhtrs" shall mann tlhc pommanent right to flood thle lands

in which sfuch right'; are granted for the purponos of the District;

and the t'rm ".roundwater r.igchtr:** s;.hal.l mean the :;ol] exc.u:"iv



4' wat:r (i:btc~llution\ :;y:;tcrn the groNmi, undLry rou'd o" u;tCbter-

____________________ .. ____ t__ _ZL_-^3













1) In the event Pincllas, Pasco and City shall, at any

time in the future, abandon the permanent well field, if constructed,

Pinellas, Pasco and City shall notify the District of such dctermi-

nation, and thereafter, Pinellas, Pasco and City shall have the right

to remove any and all parts of their installations upon the prop-

erty of the District; provided, however, that such installations

or parts thereof shall be removed by Pinellas, Pasco and City within

a reasonable time and Pinellas, Pasco and City shall cap, or cause

to be-capped, all wells left in place, or plugged at the expense of

Pinellas, Pasco and City upon the determination by the District that

the wells must be plugged instead of capped,

m) In the event Pinellas, Pascp and City shall determine

that Cypress Creek is not suitable for development as a well field,

or shall abandon the permanent well field, if constructed, Pinellas,

Pasco and City shall be entitled to be repaid, without interest,

by the District, for all actual costs paid by P'inellas, Pasco and

City to District in connection with Phase 1. Such repayment shall
be made from any moneys available, or becoming available to the

Hillsborough River Basin Board for Cypress Creek water storage land

acquisition purposes. *

n) The parties further agree that nothing contained

herein shall estop or in any way prevent the District from further

regulation of the withdrawal of water from the aforementioned well

"field, as the District is authorized and directed to do under and

pursuant to the laws of the State of Florida, and provided, further,

that notwithstanding any of the provisions contained herein, the

withdrawal of water from the aforementioned well field shall, at all

times, be subject to thle applicable laws of the State of Florida
concerning consumption, appropriation, and regulation

of water, as provided inl the laws of the State of Florida anld the

applicable rul.U.; and regul;at:ions of thel Di:;trict that are in effect





_______ -... _________ L ___ <^ ___











the 3 aw: of tl. ,La.Le of 'Florida.

6P PinellacS Pasco and City shall each contril.ute one-ith il

of the funds required to mcct the needs.; prescribed in Phase 1., 2

and 3. Failure to contribute any funds when required shall .-ce::.l:

in a partial default. Upon such default the interests of the pC:rties

shall be re-divided proportionately in the same ratio as eac ha:-: con-

tributed to the combined costs of Phases 1, 2 and 3.

7.. Pinellas, Pasco and City agree to negotiate and execute a

separate agreement setting forth the manner in which Phases 2 an'

3 will be handled and the methods by which decisions by the parties

will be made, supervised and administered and the inter-relation:v ips

between the parties.

7A. All parties agree to cooperate with each other in all re-

spects necessary to carry out the terms of this Agreement as expedit-

iously as possible.

8. Hillsborough River Basin Board hereby affirms that, at a

duly constituted meeting of its Basin Board on the day of
1973, it approved the terms of this agree-

ment and the execution thereof.

9. 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. .

10. 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

agrecrrcnt and the execution thereof by Pinellas.
S11. Pasco hereby affirms that, at a duly constituted

meeting of the Board od County Commissioners on the___ day of
1973, it approved tlhe terms of this

agreement and thle execution thereof by Pasco.
12. City hornby affirm.: that, at a du(y constituted meet.ng

of thel.i City Council on thle daly of 1973,



by city.
-.-_










13. Tlii:; Cujn'onpnt C0n-1 l llulc: the cn!rW .I) L ci v.'.^n

'.o ;' part :; 1h1rct.o, 1n(Id lly ch', je, s pp'lc.innt, m1odificat.ion or

correction of, or addecndum to, this aor(:cmInn t 1nus.t be in wrl.:in

and signed lby the parties hercto.

IN'WITE'I'I SS WllREOF, thec parties hereto have executed t-i.s

agrecmcnt tlhe day and year first above written.


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

By_
Chairman


As to Southwrest Florida Water Attest
Management District .. Secretary

HILLSBOROUGH RIVER BASIN

By
Chairman Ex-Officio

As to Hlillsborough River Attest,
Basin Secretary

"*PINELLAS COUNTY

By
Chairman, Board of
________ __ PCounty Commissioners
As to Pinelias
Attest
Clerk of the Circuit Court


PASCO COUNTY

BY "
Chairman, Board of
County Commissioners
cAs to Pasco
Attest
Clerk of the Circuit Court



". CITY OF ST. PETERSBURG
BY


As to City
Attest
City Cl.rk



.-__________-..-...- -- ___ ^a^ __ -^3 _







CYiPI F.., ( .1: -
tIOOD L.11.111l l l AI U .A
Selptembler (, 197


From a point on the northwesterly ri!liht of way line of S.R. 54, at its
intersection witLh the easterly boundary of SECTION 15, TOUNISHIP 2G6 ';(i,
RANGE 19 EAST, Pasco County, Florida, tlhec POINT OF BEGINNilNIG;

Run thence northerly, along said section line, to the NE corner of .Jid
Section 15;
Thence westerly, along the northerly boundary of said Section i5,
to the NW. corner of the NE I of the NE 4 of said Section 15;
Thence northerly to the INW corner of the SE of the SE h of Section
10, Township 26 South, Range 19 East;
Thence westerly to the NW1- corner of the SW 1 of the SE )4 of said
Section 10;
Thence northerly, along the centerlines of said Section 10 and
"Section 3, Township 26 South, Range 19 East, to a point on the sout!herly
boundary of Section 34, Township 25 South, Range 19 East;
Thence westerly, along the southerly boundary of said Section
34, to the SW corner of the SE of said Section 34;
Thence northerly to the NW corner of the SW 3 of the SE of said
Section 34;
Thence easterly to the NE corner of said SW 4 of the SE ;

Thence northerly to the NW corner of the NE k of the NE 1 of said
Section 34;
Thence northerly to the NI corner of the SE of the SE 3 of said
Section 27;
Thence easterly to the NE corner of the SE h of the SE' of said
Section 27;
Thence northerly, along the easterly boundary ofsaid Section 27 and
Section 22, Township 25 South, Range 19 East, to the NE corner of the SE k
of said Section 22;
Thence easterly to the SE corner of the NW k of Section 23, Township
25 South, Range 19 East;
Thence northerly, along the centerlines of said Section 23 and
Section 14, Township 25 South, Range 19 East, to NE corner of the SE h
of the SW h of said Section 14;
Thence westerly to the NW corner of said SE of the SW -;

: Thence northerly to the NE corner of the SIIW of the NW k of said
Section 14;
Thence easterly to the SE corner of the NE of the NW k of said
Section 14;
Thence northlerly to thle NE corner of the NW of said Section 14;

Thence westerly to the NW corner of said Section 14;

Sheet 1 of 3






c I 1 n n < S Iptemi'Tl :'G, 173


""lWl( :, I fJl I y ,11(o1 | IfIt I I, w r,h(% 'IIy Y I, 1 ,111) r' y of1 ,-fi(id Stectio'm It
to th U (1 O .f ,Ife 111-1 of :,.lid S ct!5 ion 14;

hllonce .westerly, aloi, thel. centerlinels of Sections 15 and 16,
Toinshipi 2 South, !,ane 19 Las;t, to thle I11WI corner of tlhe N i of the SE '-
of 'said Section 16;
Thence sout-herly to h point on the northerly right of way line of
the Seaboard Coastline Railroad at its intersection with the westerly
boundary of the SE ^ of the SE \i of said Section 16; ,

Thence southv:esterly, along said railroad right of way line,
to a point on the casterly-boundary of the SW I- of said Section 16;
Thence northerly, to the NE corner of the SE I of the SW of
said Section 16;

Thence westerly to the NI! corner of the SW of the S.W 1 of said
Section 16;
Thence southerly, along the westerly boundaries of said Section 16
and Section 21, Townshio 25 South, Range 19 East, to the SW corner of the ,,., '
of the N"V!W of said Section 21;
Thence westerly to the NW corner of the SW h of the NE of Section 20,
Township 25 South, Range 19 East;

Thence southerly, along the centerline of said Section 20, to the
NE corner of the SE 4 of the SW 1 of said Section 20;

Thence westerly to the INW corner of said SE k of the SW h;

Thence southerly to the SW corner of said SE of the SW ;

Thence easterly to the SE corner of said SE 1 of the SW k;

Thence southerly to the tNE corner of the SW i of Section 29, Township
25 South, Range 19 East;

Thence westerly to the lNW corner of the NE k of the SW of said
Section 29;

Thence southerly to the SW corner of the SE ^ of the SW h of said
Section 29;

Thence westerly to the SW corner of said Section 29;

Thence southerly, along the westerly boundary of Section 32,
Township 25 South, Range 19 East, to the SW corner of said section;
Thence easterly to the 'WI corner of Section 5, Township 26 South,
Range 19 East;
Thence southerly, along the westerly boundary of said Section 5
an, Section 8, Township 26 South, Range 19 East, to the SW corner of the
NW \ of said Section 8;
Thence easterly to the SE corner of said iiNW ;

Thence southerly to the SW corner of the SE h of said Section 8;

Thence southerly to the tiE corner of the SE of the NW of Section
17, Township 26 South, Range 19 East;


Sheet 2 of 3




t h ,^ ......... / /C





SCy ".'., C.v- l+ f ,,,I t:,:ll i,,n An a Srtc'l t'r ;'G, 19/3


lThence 1.L'tI ly to lt: IIt% ll corner r of 0.il Sl ', of the II1 '.,;

Th nc e so.1(.0 ., lther1ly to che SWI corner of thlle i1L of tllc Nl ., of Sectiot
20', Townshllilp 2 South, Range 19 Last;

Thence easterly to the NE corner of the SW of the NE .4 of said
Secti on 20;

Thence southerly to the SW corner of the SE I- of the NE I of Section
29, Township 26 South, Range 19 East;

Thence easterly to the NE corner of the SE 4 of said Section 29;

Thence southerly to the SE corner of the NE of the SE 1 of said
Section 29;

Thence easterly to the SE corner of the NW- of the SW 4 of Section
28, Township 26 South, Range 19 East;

Thence southerly, along the westerly boundary of the SE 1 of the
*SW' of said Section 28, to its intersection with the northerly right of way
line of S.R. 54;

Thence easterly, northeasterly, northerly and northeasterly, along
the northerly and westerly right of way line of S.R. 54, through Sections
28, 27, 22, and 15, Township 26 South, Range 19 East, to its intersection
with the easterly boundary of Section 15, Township 26 South, Range 19 East,
the POINT OF BEGINNING.
































RBll:cca Shleet 3 of 3







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DISClMKP 1^1 DAM 1_____HL K l_ _/r ___ A'lO L ^ '> _
s~~~uuciuncnl~~~~~~~ iiAr L;*>7 ___ 'JALr 1" i MI1' __ ';i;iT l o
























Description:



Tract 1 The West One-half (W 1/2) of Section 24, Township 25
South, Range 19 East, lying in Pasco County, Florida,
containing 320 acres more or le-ss.


Tract 2 All of Section 23, Township 25 South, Range 19 East,
lying in Pasco County, Florida, containing 640 acres
more or less.


Tract 3 The East 311.93 acres of Section 14, Township 25 South,
Range 19 East, lying south of the Seaboard Coastline
Railroad Right of Way, lying in Pasco County.























EXHIBIT C


Annually, Pinellas, Pasco and the City shall retain a certified public

accounting firm to determine the "unit cost" of the water being produced in

the Cypress Creek well field. The "unit cost" is to be based upon the capital

costs and operation and maintenance costs of producing the water. The capital

costs shall include, but not be limited to, the costs of land acquisition, the

planning, design and construction of the well field facilities, the supervision

of construction of the well field facilities, and the interest and other costs

incurred in financing the acquisition and development of the well field.





































____________.. Lxm mt / PP l o\.IL _









SOUTHlll.ST FLORI.DA AT.l.R M I A;,AGlli[ENT IST ICT (l:r.;l.ATn:Y)


11J I ZE:

THE OPERATIC:; ,Y PI!ELLAS. ORDER. irDER 73-3R
COUl!TY OF THiE ELDRIDE-4ILDE (SUPPLIE1E!TI;NG ORDER IIUBER 72-4
ELL FI1:LD I,, PI.ELI.AS COUNTY DATED DECE I[ER 13, 1972, AS"
A.N' -ILLS";'ROUGI COUWITY, FLORIDA .. AMENDEDY-BORDER I U.BER 73-2R
DATED JULY 11, 1973)



This matter caone before the Board of Governors of the Southwest Florida

later Hanagement District (Regulatory), hereinafter referred to as "Board,"
at a public hearing duly and properly held before the Board on July 11, 1973
notice having been duly given to Pinellas County, a political subdivision of
the State of Florida, hereinafter referred to as "County," for the purpose

) of promulgating further orders dealing with that certain well field operated
by Pinellas County in Pinellas County and Hillsborough County, Florida known
as the Eldridge-.ilde Well Field, relating to implementation and enforcement
of provisions contained in Order 72-4 entered by this Board on December 13,

1972, including modifications thereto, and the County having been present and
represented by its counsel at said hearing, and the Board, having carefully
considered the testimony presented throughout the day long hearing, and
having continued said hearing until September 12, 1973, at which time the

County was again present and represented by counsel, and hIaving taken addi-
tional testimony, does find as follows:


.. 1. That Pinellas County, a political subdivision of the State of Florida,
operates a vell field, known as the Eldridge-Ulilde U.ell Field, located in Sec-
tion 1, 11 and 12, Tow:nship 27 South, Range 1G East, and Section 6, Tow.nshiip
27 South, Range 17 East, for thie witthdrawal of groundwater.

2. That tine lands described above, and the groundwater withldrawal thlere-

from, are within tlhe boundaries of the District, and the w.ithdraw:al therefrcrC
is subject to thle rules, regulations and authority of the District.

3. ThIat there now- exists tlie necessity for regulating thle \withldrawal of

water from said \w(11 field, in order to obtain tlhe most beneficial use of tlhe
( water resources of tlhe State and to protect tlhe public health, safety and
welfare an(( thl, inLlr(:sts of the w.atir users affected.

IT IS Tllll:RlPO;t, RL.Il) AS -FOLLCUS: Exhilbit CPage of.








1. a. The average dally %ithdrawal froi such well field shall not

exced 3G6 l9d as measured cumulatively from September 1, 1973.

b. Such average daily withdrawal shall not exceed 28 mrgd after

April 15, 1974.

c. That the maximum daily withdrawal shall not exceed 44 mgd.

"2. a. That aquifer testing of the well field shall be conducted under

direction and supervision of the District prior to February 1, 1974.

b. That a public hearing shall be held at thle board meeting next

following completion and analysis of such aquifer testing to consider estab-
lishing regulatory levels and controls in lieu of maximum withdrawal rates
set forth hereinabove.

3. That reports of withdrawals for each preceding weekly period shall

be made by Pinellas County to the District by telephone not later than 4:00

p.m. on the following M:onday and certified in writing by letter posted not
later than M-onday midnight on forms to be provided by the District.

4. That weekly periods shall commence at 12:01 a.m. on Saturday of

each week. o

5. That Pinellas County shall:

a. Immediately complete pumping tests of wells in the vicinity of

.. East Lake Road, keeping the District advised of progress on a weekly basis.

b. Proceed immediately with installation and testing of additional

wells in the vicinity of East Lake Road in Pincllas County completing con-
struction of two such wells by January 1, 1974; of two such wells by Febru-

ary'1, 1974 and of the last two wells by Mlarch 1, 1974.

c. Proceed im.ediatcly with construction of weirs or other neces-

sary facilities to reduce runoff from the well field property com:npleting
construction by NIovember 1, 1973.

d. Ilnrediately proceedul with impleml;entation of recharging the shallow
sands of El:ridge--unildr W1ell Field with excess water.

Exhibit ^_Pa c-
2 -









e. .inact and (enforce a County ordinances to ap)ply-to )0all us(rs of

water from the inetlas County syst(:m prohibiting sprinkling of lawns and

ornamentals during the daylight hours.

f. Encourage and support Clearwater in its efforts to Install addi-

tional wells.

g. Encourage and support municipalities and others, if any, to safely
tap the aquifers within their respective jurisdictions.

h. Effective prior to October 1, 1973 require shallow irrigation wells

and distribution systems for new developments which require irrigation.

i. Require low volume water closets for all replacements and all

future construction throughout the County effective not later than January 1,

1974.

J. Require maximum use of retention ponding of storm runoff water

for irrigation purposes for all future developments effective prior to Octo-
ber 1, 1973,

k. Force the abandonment of all special irrigation water meters

throughout thile Pinellas County Hater System (P.C.lI.S.) prior to'January 1, 1974.

1. Require municipalities being furnished wholesale water from P.C.I.S.

to prohiibit installation of meters of a size that would provide for lawn sprin-

C] king in conjunction with domestic use after October 1, 1973.

m. Continue the surcharge schedule previously adopted by the County

to promote water conservation; complete a water rate study and implement recom-
mendations by January 1, 1974.

i n. Require that County and City public grounds use shallow wells, re-

i '- cycled \water or surface runoff for irrigation after January 1, 1974.

o. Conduct studies on tlhe recycling of waste water, including force

\ main pu!mping of effluent to rechc;arge areas, and require development of re-
Scycling systems.

-- p. Conduct an aU.frciss;lv; publlic relations proIraim cncouraginfl thl(
citizenry to practic( water cornservation.
Exhibits P.1E e_ of T

3-









q. Sukl;lt written progress reports on all itmrs t to the District by

"the. .first of each month.
'6. That a plan for the allocation of water to any user, as provided

for in the W!ater Resources Act of 1972, as amended, Ilas not been put into

effect by the District at the time this order is entered; therefore, the

District is unable, at this time to make any allocations of water to any user,

and this order is not to be considered in any way as such an allocation of

water.

7. That this order is supplemental to Order Number 72-4 heretofore

entered by the Board on December 13, 1972 as amended by Order Number 73-2R

dated July 11, 1973.

DONE and ORDERED this twelfth day of September, 1973.


SOUTHWEST FLORIDA WATER I'ANAGEMENT
DISTRICT (REGULATORY), BY ITS
GOVERNING BOARD

SEAL

By:. J_, ..r_ "
DERRILL S. ICATEER, Chairman


Attest:



"THO(ASS H. VAN DER VEEIR, Assistan;t Secretary






















Exhibit PilrB _Y_ of-IC_


(* 4
o





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