Title: Opinion File 74-109
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Permanent Link: http://ufdc.ufl.edu/WL00003408/00001
 Material Information
Title: Opinion File 74-109
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 74-109
General Note: Box 14, Folder 4 ( Opinion File 1974 - 1975 - 1974-1975 ), Item 36
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003408
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





O 2E0 1974
November 15, 1974
MEMORANDUM

TO: JAMES ADAMS, PROJECT PLANNING ENGINEER, ENGINEER
DIVISION
FROM: JAY T. AHERN, STAFF ATTORNEY
RE: CYPRESS CREEK )

As'you requested, I have reviewed the Cypress Creek Agreement concerning
the entity to receive permits for the work permitted in said Agreement.
The answer to your question depends on the party or parties doing the
work subject to a permit. An inquiry of the parties would reveal whether
one or all represent the principal agency doing the work. If each party
is doing a segment of the work, the permit would be issued to the party
in charge of that particular work. You state St. Petersburg is doing
the work within the mean annual floodplain and construction of the wells,
thus, the permit would be issued to that party for this phase of the
project.
However, the party who would be issued the permit will depend on the
arrangement between the parties to the Cypress Creek Agreement. The
agreement refers to a regional water authority as assuming the obliga-
tions of the parties to the agreement. It is conceivable the authority
would be issued the permit once it becomes the successor to the present
parties to the agreement. It appears at the present time that an under-
standing of the arrangement of responsibilities among the parties would
be beneficial to determine whether one of the parties is authorized to
act on behalf of all of the parties to the agreement. If one of the
parties has such authority, the District would issue the permits to that
party.

JTA:ld 9p
cc: Myron G. Gibbons, Esquire
L. M. Blain, Esquire








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