Title: Opinion File 74-86
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Permanent Link: http://ufdc.ufl.edu/WL00003400/00001
 Material Information
Title: Opinion File 74-86
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collection - Opinion File 74-86
General Note: Box 14, Folder 4 ( Opinion File 1974 - 1975 - 1974-1975 ), Item 28
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003400
Volume ID: VID00001
Source Institution: Levin College of Law, 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





August 23, 1974


MEMORANDUM .o 28 194


TO: DAVE ALLMAN, Water Resources Division

FROM: JAY T. AHERN, Staff Attorney g

RE: Cypress Creek


Although I am not quite sure of the extent of your request for a legal
opinion as to the District's obligations in the Cypress Creek Well Fie d,
I believe the following should answer your inquiry.

Under the five party agreement of November 14, 1973, the District asserted
therein and was conceded by the other parties the right to regulate the
use of water and to establish rules and regulations and orders to accomplish
the most beneficial use of the groundwaters. As part of this five party
agreement, a companion agreement known as the Cypress Creek Agreement was
executed at the same time. In the latter agreement, the District, under
Phase 3 Construction and Operation of Well Field, was entitled to make
inspections and receive test and permanent well production records for its
review and use. In addition, this agreement requires all parties to co-
operate with each other as.is necessary to carry out the terms of this
agreement. This same right of the District exists in an earlier part of
the agreement covering the construction of test wells by the consultant
engineers, hydrologists and planners chosen by the City, Pinellas and
Pasco Counties and employed by them to determine whether the well field
is economically and hydrologically feasible.

Therefore, I am of the opinion that once the well field is determined to
be feasible the District has the right to regulate it. The manner of
regulation would be pursuant to those rules and regulations adopted by
the Governing Board as applicable throughout the District.

Accordingly, I find that the well construction and necessary facilities
will be constructed at the expense of the City, Pinellas and Pasco
Counties. All design and testing performed by the parties should be
available to the District for review and approval. All regulation over
the water to be withdrawn from the well field is subject to regulation
by the District. The District must adopt and promulgate rules and regu-
lations to cover the matter and may use those presently being subjected
to public comment and scrutiny or others upon showing a cause for its
actions.


JTA:ce

cc: Mr. Donald R. Feaster
Mr. Myron G. GibbonsV/,


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