Title: Northern Tampa Bay Agreement Between W. Coast Reg. Water Supply Authority, Hillsborough, Pasco and Pinellas Counties, Cities of Tampa, St. Petersburg, New Port Richey and SWFWMD dated 1/02/98
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 Material Information
Title: Northern Tampa Bay Agreement Between W. Coast Reg. Water Supply Authority, Hillsborough, Pasco and Pinellas Counties, Cities of Tampa, St. Petersburg, New Port Richey and SWFWMD dated 1/02/98
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jfake Varn Collection - Northern Tampa Bay Agreement Between W. Coast Reg. Water Supply Authority, Hillsborough, Pasco and Pinellas Counties, Cities of Tampa, St. Petersburg, New Port Richey and SWFWMD dated 1/02/98
General Note: Box 16, Folder 6 ( SWFWMD - 1997-1998 ), Item 7
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003965
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.

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01/02/98


1 NORTHERN TAMPA BAY
2 AGREEMENT
3 BETWEEN
4 WEST COAST REGIONAL WATER SUPPLY AUTHORITY,
5 HILLSBOROUGH COUNTY,
6 PASCO COUNTY,
7 PINELLAS COUNTY,
8 CITY OF TAMPA,
9 CITY OF ST. PETERSBURG,
10 CITY OF NEW PORT RICHEY,
11 AND
12 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
13
14
15 THIS AGREEMENT is made and entered into by and between the

16 WEST COAST REGIONAL WATER SUPPLY AUTHORITY, an interlocal governmental

17 agency created and existing pursuant to 373.1962 and 163.01, Florida Statutes, acting by and

18 through its Board of Directors, whose address is 2535 Landmark Drive, Suite 211, Clearwater,

19 Florida 33761, herein referred to as "AUTHORITY"; HILLSBOROUGH COUNTY, a political

20 subdivision of the State of Florida, whose address is 601 E. Kennedy Boulevard, Tampa, Florida

21 33602, herein referred to as "HILLSBOROUGH"; PASCO COUNTY, a political subdivision of

22 the State of Florida, whose address is 7530 Little Road, New Port Richey, Florida 34654, herein

23 referred to as "PASCO"; PINELLAS COUNTY, a political subdivision of the State of Florida,

24 whose address is 315 Court Street, Clearwater, Florida 34616, herein referred to as

25 "PINELLAS"; the CITY OF TAMPA, a municipal corporation of the State of Florida, whose

26 address is 306 E. Jackson Street, Tampa, Florida 33602, herein referred to as "TAMPA"; the

27 CITY OF ST. PETERSBURG, a political ubdvision municipal corporation of the State of

28 Florida, whose address is P. O. Box 2842, 175 Fifth Street North, St. Petersburg, Florida 33731,









1 herein referred to as "ST. PETERSBURG"; the CITY OF NEW PORT RICHEY, a municipal

2 corporation of the State of Florida, whose address is 5919 Main Street, New Port Richey, Florida

3 34652, herein referred to as "NEW PORT RICHEY"; and the SOUTHWEST FLORIDA

4 WATER MANAGEMENT DISTRICT, a public corporation of the State of Florida created and

5 existing pursuant to Chapter 373, Florida Statutes, whose address is 2379 Broad Street,

6 Brooksville, Florida 34609-6899, herein referred to as "DISTRICT"- for itself and on behalf of

7 the ALAFIA RIVER BASIN BOARD, the COASTAL RIVERS BASIN BOARD, the

8 HILLSBOROUGH RIVER BASIN BOARD, the NORTHWEST HILLSBOROUGH BASIN

9 BOARD, and the PINELLAS-ANCLOTE RIVER BASIN BOARD. herein collectively referred

10 to as "BASIN BOARDS".

11 WITNESSETH:

12 WHEREAS, pursuant to Chapter 373, Florida Statutes, the DISTRICT has the statutory

13 responsibility to protect, manage and conserve the water resources within the District; and

14 WHEREAS, the AUTHORITY was created in 1974 for the purpose of developing,

15 storing and supplying water for county and municipal services in a manner as will give priority

16 to reducing the adverse environmental effects of excessive or improper withdrawals of water

17 from concentrated areas; and

18 WHEREAS, currently the AUTHORITY's members are HILLSBOROUGH, PASCO,

19 PINELLAS, TAMPA, ST. PETERSBURG, and NEW PORT RICHEY, who are collectively

20 referred to as "AUTHORITY MEMBERS"; and

21 WHEREAS, the 1997 Legislature recognized the need for coordination between water

22 management districts, regional water supply authorities, and local governments and provided

2









1 clear direction as to each entity's respective role in ensuring that sufficient water is available for

2 all existing and future reasonable beneficial uses and natural systems, while avoiding the

3 adverse effects of competition for water supplies; and

4 WHEREAS, the 1997 Legislature has made it clear that the proper role of the water

5 management districts in water supply is primarily planning and water resource development and

6 the proper role of local government and regional water supply authorities is primarily water

7 supply development; and

8 WHEREAS, the AUTHORITY, AUTHORITY MEMBERS, and DISTRICT agree that it

9 is in the best interest of all the parties and the public they collectively serve to work together

10 toward accomplishing their respective statutory responsibilities, including the coordination and

11 development of new and additional water supplies to meet existing and future demands of the

12 Northern Tampa Bay area in such a manner as will give priority to reducing adverse

13 environmental effects of improper or excessive withdrawals of water from concentrated areas.

14 NOW, THEREFORE, the AUTHORITY, AUTHORITY MEMBERS and DISTRICT, in

15 consideration of the mutual terms, covenants and conditions set forth herein, agree as follows:

16 1. OBJECTIVES OF THE AGREEMENT. The parties hereto commit by this

17 AGREEMENT to:

18 A. develop at least eighty-five million gallons per day (85 mgd) annual average of

19 new water supply capacity for regional distribution to the AUTHORITY

20 MEMBERS through the AUTHORITY by December 31, 2007;

21 B. reduce the permitted pumpage from the eleven existing wellfields listed on

22 Exhibit 5 to one hundred twenty-one (121) million gallons per day annual average

3









1 by December 31, 2002, and to ninety (90) million gallons per day annual average

2 by December 31, 2007 as srplaceement water supply faciliies a i permitted by the

3 BfSTRFICTF -

4 C. end existing litigation and administrative hearings and minimize future litigation

5 and administrative hearings between the parties to this AGREEMENT; and

6 D. provide a process for the DISTRICT to provide financial assistance to the

7 AUTHORITY to achieve objectives 1.A. and 1.B. above.

8 2. DEVELOPMENT OF NEW WATER SUPPLY FACILITIES.

9 A. The AUTHORITY has prepared and approved a Master Water Plan. The Master

10 Water Plan proposes to provide a total of an annual average of eighty-five million gallons per

11 day (85 mgd) of new water supply capacity for regional distribution to the AUTHORITY

12 MEMBERS by December 31, 2007. The AUTHORITY proposes to develop this new capacity

13 in two phases. In PHASE I the AUTHORITY plans to provide an annual average of thirty-eight

14 million gallons per day (38 mgd) of new capacity. In PHASE II the AUTHORITY plans to

15 provide an annual average of forty-seven million gallons per day (47 mgd) of additional new

16 capacity for a total of 85 mgd of new water capacity. The potential water supply sources for the

17 85 mgd are listed on Exhibit 7.

18 B. By July 1, 1998, the AUTHORITY shall prepare and submit to the DISTRICT a

19 PHASE I water facilities plan (PHASE I PLAN), which, upon construction, shall provide at least

20 an annual average of 38 mgd of new capacity referenced in paragraph 2.A., and a PHASE II

21 water facilities plan (PHASE II PLAN), which, upon construction, shall provide at least an

22 annual average of 85 mgd of additional new capacity referenced in paragraph 2.A. inclusive of

4









1 PHASE I capacity. By December 31, 2002, and December 31, 2007, the AUTHORITY shall

2 have the PHASE I PLAN and PHASE II PLAN new water supply facilities constructed, in

3 operation and capable of producing an annual average quatites of 38 mgd and 47 rngd quantity

4 of 85 mgd of new water, respectively- for regional distribution to the AUTHORITY

5 MEMBERS.

6 C. At a minimum the PHASE I PLAN and PHASE II PLAN shall identify the

7 following:

8 (1) the proposed sources) of water.

9 (2) the estimated amount of water to be produced from each proposed source.

10 (3) when the proposed sources) shall be in operation and available for

11 regional distribution to the AUTHORITY MEMBERS.

12 (4) the estimated cost of constructing the water supply facilities associated

13 with each proposed source.

14 (5) the expected funding sources, including how much and when DISTRICT

15 funding pursuant to this AGREEMENT shall be required.

16 The PHASE I PLAN and PHASE II PLAN shal consist of may include, but not

17 necessarily be limited to the projects listed on Exhibit 7.

18 D. The AUTHORITY shall keep the DISTRICT advised of the AUTHORITY's

19 planning and progress toward completion of the PHASE I and PHASE II PLANS. By April 1

20 1998. the AUTHORITY shall meet with the DISTRICT staff to discuss the details of the

21 AUTHORITY's July 1. 1998 PHASE I and PHASE II PLAN submittals, at which time the

22 AUTHORITY shall provide the DISTRICT with a current draft of the submittals. The

5









1 AUTHORITY shall furnish the DISTRICT with an original and 11 copies of the PHASE I and

2 PHASE II PLANS, in final form. as soon as they are available. The AUTHORITY's requested

3 funding shall be consistent with Exhibits 1. 2 and 3.

4 E Within ninety (90) days of receipt of the PHASE I PLAN and PHASE II PLAN.

5 the DISTRICT shall provide in writing to the AUTHORITY listing of the water supply facilities

6 for which the DISTRICT will provide funding, the amount of funding and the terms under which

7 said funds will be made available to the AUTHORITY: provided, nevertheless, that both the

8 commitment to fund and the amount of funding shall be subject to issuance of all necessary

9 governmental permits and approvals in accordance with the following subparagraphs. The

10 DISTRICT's response shall be consistent with Exhibits 1, 2 and 3. The parties acknowledge that

11 the actual cost of funding a particular project will be unknown until such time as a water use

12 Xermit and any and all other governmental permits and approvals are obtained.

13 F By December 31. 1998. the AUTHORITY shall have filed all permit applications
CAP5 C.6PS5
14 for new water supply sources identified in thehase f)and(hase II pla Within 60 days of the 1/

15 DISTRICT's receipt from the AUTHORITY of written evidence of the issuance of all necessary

16 permits and approvals by all appropriate governmental authorities for a particular project (or

17 within 60 days of the DISTRICT's issuance of a Water /se permitt where such is required) the

18 DISTRICT shall advise the AUTHORITY in writing of the amount of funds that will be made

19 available for such project. The DISTRICT's funding shall be consistent with Exhibits 1. 2 and 3.

20 G. The AUTHORITY shall keep the DISTRICT informed of the progress of

21 implementation of any and all projects for development of new water supply sources, and shall

22 furnish the DISTRICT such information as is necessary and appropriate toward this end. In

6









1 addition, the AUTHORITY shall provide such additional information, and take such other steps

2 to keep the DISTRICT informed of progress, as may be required by the terms of the

3 DISTRICT's written commitment for funding.e /

4 H. Any modification of the AUTHORITY's PHASE I PLAN or PHASE II PLAN

5 shall require the written approval of the DISTRICT. which approval shall not be unreasonably

6 withheld. Any amendment shall be consistent with Exhibits 1. 2 and 3.

7 B. WitLin IItety (90) dUays, ICLLpt of the PHLLASEJ I PLAN and PHIASE II PLAN.

8 tl. DISTRICT sal piovidel in writing Lu AUTIHORITY a listing of tie watei supply fa iliti,

9 fuo whih it will pr vid fundiu, th amount of funding anid ti tets unde wich said fund



11 bIe consistet with ndiibit 1.

12 E. -The1 P ASEf I PLAN anmd PH ASE II PLAN may be mended frum tine tou Ltimi as



14 new capacity tu be produced in PIASE I b ~s than 38 mgdm and the total new capacity les

15 thia 85 mgd. futhe., these amuntsL of VwatI supply capacity shall be coined Lt L te regional

16 distribution and available lU AUTiORITY MvEfBERS nu latI than Decembi 31, 200

17 and Decemibue 31, 2007, espectively. Noting he ein shall be construed tou prevent lt

18 AUTIIORITY fuini biingiig ie new watea supply capacity uon line at earlier dates. Th

19 infounation required in palrag aph 2.C. above shall also be pro aided for any plan amendment.

20
20 folio1wing the AUTfr-O)RT",'IITY'S app.u.v. a of1 dm m.. .dmet to the P- ASE f PLAN or-- ASE II

21 PTLAN the an ndmenu shall be fvi waiJded u tL tDISTRICT fZui it ievlew. Within eiuny (90)

22 days ufi.eeipl uf said .tcndnitl, te DISTRICT lhil advise tIe AUTIORIPdTY "in writing

7









1 which waLte supply facilities it will fund, the amount uf funding fLr ci a facility and the teLms

2 andet wlich said funds will be available tl ti AUTHiIORITY. Thei amtuint of funding theli

3 DISTRICT will purvide shall be cons11 tent with Exhibit 1 u as may Lb furL thl aIgred upon in

4 writing between thel p r ties..

5 -FI. With respect to providing the information required by paragraph

6 2.C.(5) above, the information shall be consistent with the schedule and limitations reflected on

7 Exhibits 1,-and 2 and 3 and consistent with the requirements of paragraph 2.H J. below.

8 C3. The AUT- RITY Jshalll have the ultimate sponsibility for the pl

9 o _n. uiMiu iii and operation of all the walte supply facilities pLrvided for hen.

10 H-L Subject to the limitations provided herein, the DISTRICT agrees to provide up to

11 one hundred eighty-three million dollars ($183,000,000.00) to be used by the AUTHORITY for

12 the development of new alternative potable water supply facilities and regionally significant

13 transmission pipelines approved and constructed pursuant to paagraplhs 2. D. and 2.E. above

14 this AGREEMENT.

15 DISTRICT funds shall be made available in accordance with the schedule and limitations

16 reflected on Exhibits 1, and 2 and 3. At such time as the AUTHORITY and DISTRICT are

17 prepared to develop a specific project which the DISTRICT has agreed to fund pursuant to

18 pa ag ph' 2.D. and 2.E. under this AGREEMENT, the AUTHORITY and DISTRICT shall
NO (CPS (O 0PS /
19 enter a supplemental AGREEMENT similar in nature to the model AGREEMENT attached as

20 Exhibit 3, which will detail the terms and conditions by which DISTRICT funds will be

21 disbursed for the specific project. PROVIDED, HOWEVER, the DISTRICT shall restrict the

22 use of its funds to alternative potable water supply sources and regionally significant

8









1 transmission pipelines as determined pursuant to paragiap i 2.D. and 2.E. abo hereto.

2 DISTRICT funding shall be provided to the AUTHORITY for construction costs on a cost

3 sharing basis consistent with Exhibits 1, 2 and 3 auless othe u wi pros by th

4 AUThfORTY and app,- u v by Lthe. DSTRICT. In the event the AUTHORITY elects to pursue

5 alternative potable water supply sources and regionally significant transmission pipelines other

6 than those listed on Exhibit-- 2, it will be necessary to obtain specific DISTRICT approval in

7 order to receive DISTRICT funding for the additional projects. Nodtlig herein shall be

8 Cunst ued to -equize the DISTRICT to participate in funding any additional piujects except those

9 listed un Ehlibit 1. Funding pa ticipatiu in y such addiollnal piuject shall be, at 1th

10 DISTRICT'S suol discretion.

11 f-i K. Beginning on July 1, 1999, and each July 1 thereafter until the PHASE I

12 PLAN facilities and PHASE II PLAN facilities are constructed and fully operational, the

13 AUTHORITY shall prepare and submit to the DISTRICT an annual report that describes in

14 detail the progress that has been made toward implementation of the PHASE I PLAN facilities

15 and the PHASE II PLAN facilities.

16 f-f- L. With respect to any water use permits required under Part II of Chapter 373,

17 Florida Statutes, for the potable water supply facilities developed pursuant to the PHASE I

18 PLAN or PHASE II PLAN, the AUTHORITY may apply for and the DISTRICT shall issue such

19 permits if the facility meets the criteria for issuance. The permits shall be issued for a duration of

20 20 years unless reasonable assurances can not be provided that the permitting criteria will be met

21 for this duration in which case twenty (20) year water use penits if auithurized under chapter

22 373, Flutida Statutes; oth wise, permits may be issued for shorter durations which reflect the

9









1 period for which such reasonable assurances can be provided. Provided, lcwuev~ ii o ev Ce

2 shaft If reasonable assurances are provided, the term of these permits shall not expire prior to

3 December 31, 2010.

4 K-J- M. If at any time the DISTRICT fails at any time to provide the monies

5 described in paragraph 2.H-f. L in arsudance, with LEibits 1 and 2, this AGREEMENT shall

6 become null and void and the AUTHORITY and AUTHORITY MEMBERS shall not be

7 required to comply with any further reductions in pumpage required by this AGREEMENT. For

8 example: assume (1) the DISTRICT provides funding for PHASE I facilities as required, (2)

9 PHASE I is completed, (3) pumpage is reduced to 121 mgd and (4) the DISTRICT decides not to

10 provide any additional funding. Since the DISTRICT elected not to fund any additional projects

11 in contravention of this AGREEMENT, there would be no further reductions in pumpage

12 required under this AGREEMENT. In such event the AUTHORITY shall make application for

13 modifications of the consolidated permits and the DISTRICT shall modify the permits consistent

14 with the foregoing.

15 Hf N. The AUTHORITY shall expedite the preparation and filing of all permit

16 applications for the development of new water supply facilities. In addition, the AUTHORITY

17 shall provide timely, full and complete responses to the DISTRICT's request for additional

18 information. The DISTRICT shall give priority to. and expedite action; on, any approvals or

19 permits permit applications submitted pursuant to this AGREEMENT. The DISTRICT and

20 AUTHORITY also agree to have pre-application conferences designed to help the AUTHORITY

21 file a complete application.

22 3. RECOVERY PLAN









1 A. Appropriate provisions of this AGREEMENT shall constitute part of the

2 DISTRICT'S recovery strategy for the Northern Tampa Bay area as provided for in

3 373.0421(2), F.S. More specifically, as part of the DISTRICT's phased recovery strategy for

4 the Northern Tampa Bay area, the AUTHORITY and AUTHORITY MEMBERS agree that by

5 December 31, 2002, the total annual average daily quantity permitted for withdrawal from the

6 eleven listed water supply facilities shall be one hundred twenty-one (121) mgd, and by

7 December 31, 2007, the total annual average daily quantity permitted for withdrawal from the

8 eleven listed water facilities shall be ninety (90) mgd. The eleven water supply facilities are

9 listed on Exhibit 5 attached hereto.

10 B. By December 31, 2002, and thereafter, the combined production from the eleven

11 listed wellfields shall not exceed 121 mgd on an annual average basis. By December 31, 2007,

12 and thereafter, the combined production from the eleven listed wellfields shall not exceed 90

13 mgd on an annual average basis. Upon the effective date of this AGREEMENT, the

14 AUTHORITY and AUTHORITY MEMBERS shall operate the eleven listed wellfields in a

15 manner that minimizes their combined annual average production by utilizing other available

16 regional supply services to the extent practical.

17 C. With the intent to clarify and constrain operational practices for the eleven listed

18 wellfields, the AUTHORITY shall submit to the DISTRICT by July 1, 1998, an operations plan

19 that describes how the AUTHORITY and AUTHORITY MEMBERS shall operate the eleven

20 listed wellfields in order to ensure environmental stresses are minimized in the vicinity of those

21 wellfields. The operations plan shall provide details by which the AUTHORITY and

22 AUTHORITY MEMBERS will operate the eleven listed wellfields such that water level

11









1 elevations in specified surficial aquifer monitor wells are maximized in the aggregate. Said

2 operations plan shall be subject to the review and approval of the DISTRICT.

3 D. As an additional effort to reduce environmental stresses, at any time prior to

4 December 31, 2007, that new water supply facilities are added to the AUTHORITY's

5 interconnected regional system, a minimum of 50% of the average annual permitted capacity

6 from such new facilities that exnceds new demand shall be used to reduce production from the

7 eleven listed wellfields. Said reduction may be greater and shall be determined at or prior to the

8 time the new facility is placed in operation. Said determination shall be based on the current and

9 projected demand. The reduction among the eleven listed wellfields shall be such that two-thirds

10 65% of that reduction is achieved at wellfields located within Pasco County and-onethird 35%

11 of that reduction is achieved at wellfields located within Hillsborough County, on an annual

12 basis. Said reductions shall be subject to approval by the DISTRICT.

13 E. Since this AGREEMENT contemplates the Hillsborough River as part of the

14 regional water supply system, the DISTRICT agrees to continue to rulemaking under Chapter

15 120, Florida Statutes, and-proposes has proposed the following minimum flows for the

16 Hillsborough River, as published in the Florida Administration Weekly on September 19, 1997:

17 "(1) Minimum Flows For the Lower Hillsborough River

18 (a) For the purposes of Minimum Flows, the Lower Hillsborough River is

19 defined as the river downstream of Fletcher Avenue. The Lower Hillsborough River includes

20 Sulphur Springs, an artesian spring that enters the river via a short spring run located 2.2 miles

21 downstream of the Hillsborough River.









1 (b) The Minimum Flow for the Lower Hillsborough River at the base of the

2 City of Tampa's dam shall be ten (10) cubic feet per second (cfs) when the surface water

3 elevation at USGS gauge 02304500 is at or above 20.0 feet NGVD and 0.0 cfs when the surface

4 water elevation is below 20.0 feet NGVD. This Minimum Flow has been determined based on

5 the structural alterations in and along the River and the dependence of viable ecological

6 communities downstream of the dam with flows from the Hillsborough River Reservoir and

7 Sulphur Springs. The City of Tampa may meet this flow requirement by diverting flow from

8 Sulphur Springs or the Reservoir. The required flows will become effective January 1, 1999.

9 (c) The District will establish a Minimum Flow for Sulphur Springs in the

10 future. As part of that process the District will evaluate if additional flows from Sulphur Springs

11 are available to supplement the Minimum Flow for the Hillsborough River at the base of the City

12 of Tampa's dam."

13 Subject to all the procedural requirements of Chapters 120 and 373, Florida Statutes, and

14 without prejudice to any person's or party's rights under these chapters, the DISTRICT agrees to

15 move expeditiously to adopt a minimum flow on the Hillsborough River.

16 4. PERMIT.

17 A. The parties hereto agree that a consolidated water use permit covering all of the

18 wellfields that provide water to the AUTHORITY would be beneficial. In order to have a

19 consolidated water use permit the DISTRICT AUTHORITY. HILLSBOROUGH COUNTY.

20 PASCO COUNTY PINELLAS COUNTY and ST. PETERSBURG agree to incorporate the

21 terms and conditions of individual water use permits for the South Pasco. Cosme-Odessa.

22 Section 21 and Northwest Hillsborough wellfields into the consolidated water use permit. It is










1 the intent of the parties that the consolidated water use permit dealing with the South Pasco.

2 Cosme-Odessa, Section 21 and Northwest Hillsborough wellfields will be done pursuant to a

3 Final Order of the DISTRICT and will not create a new point of entry to challenge the terms and

4 conditions governing these wellfields However. it is not the intent of the parties hereto to limit

5 or restrict in any way a substantially affected party's rights under Chapter 120. Florida Statutes.

6 as to the terms and conditions of the consolidated water use permit as it relates to the wellfields

7 other than South Pasco, Section 21. Cosme-Odessa and Northwest hillsborough Regional.

8 B, The DISTRICT. AUTHORITY. HILLSBOROUGH COUNTY. PASCO

9 COUNTY. PINELLAS COUNTY, and ST. PETERSBURG hereby voluntarily agree and

10 stipulate to settle all issues in DOAH Case Nos. 95-1520. 95-1521. 95-1522. 95-1523. 95-1525.

11 95-1526. 95-1527 and 95-1528 by contemporaneously executing the Stipulation And Settlement

12 Agreement attached as Exhibit 8.

13 A*C. Consistent with the terms and conditions of this AGREEMENT, the DISTRICT

14 hereby gives notice of its proposed agency action to approve a consolidated water use permit for

15 allofthe wellfields listed on Exhibit 5 and the South-Central Hillsborough Regional wellfield

16 located in eastern Hillsborough County. A copy of the proposed permit is attached as Exhibit 6.

17 B D. Nothing in this AGREEMENT shall be cunstmL as a peinit wldich authlurize

18 any party Lu engag in any activity ui water use.

19e

20 shall cost t1Lute a waiver by any of the parties heretou f aony rights they may have under Chaptu s

21 120 and 373, Flouida Statute. Fther, nuai iln At AGiREIEMET shall be constUeUd litnL

22 uo vaive i1e right of any iun-party undeI ChapLtes 120 ad 373, Fluoida StLaLtus.

14









1 E). -In tle eve.rt te paties fail to agree un a peinit f these we1dlfield-- that is

2 substantially consistent with the proposed permit d a n, Exhibit 6, tils- AGREEiVUNT is

3 null and void

4 5. LAND ACQUISITION.

5 A. If requested by the AUTHORITY in writing within 30 days of the approval of this

6 AGREEMENT, the DISTRICT shall endeavor to negotiate in good faith by July 1, 1998,

7 agreements for the acquisition or transfer of leasehold interests or fee simple title to all wellfield

8 real property described on Exhibit 4 utilizing Water Management Lands Trust funds. Once the

9 DISTRICT acquires the applicable legal interest in said real property, the DISTRICT and

10 AUTHORITY shall enter a license AGREEMENT for operation and maintenance of the property

11 by the AUTHORITY, including improvements and facilities.

12 B. The DISTRICT shall provide Water Management Lands Trust funds in an amount

13 of up to one thousand five hundred dollars ($1,500.00) per acre, or as otherwise indicated on

14 Exhibit 4, to acquire fee simple title, or an appropriate leasehold interest, to the wellfield

15 properties listed on Exhibit 4, subject to required approvals, compliance with all applicable

16 statutory and rule criteria, and availability of funds. Said Water Management Lands Trust funds

17 shall be made available in accordance with Exhibit 4.

18 C. The AUTHORITY and AUTHORITY MEMBERS agree to negotiate in good

19 faith the sale of their respective wellfields and properties identified in Exhibit 4, as well as

20 development of any license AGREEMENT contemplated by paragraph 5. A. above.

21 6. CONSERVATION AND REVISE









1 A. The AUTHORITY's current Master Water Plan indicates an aggressive

2 conservation and demand management program is an integral component of a sustainable water

3 supply. The Master Water Plan provides that the conservation program is expected to reduce

4 use by 10 mgd (annual average) by 2000 and 17 mgd (annual average) by 2005. These

5 reductions are reflected in AUTHORITY'S projected water needs. The AUTHORITY and

6 AUTHORITY MEMBERS shall continue the development and construction of conservation and

7 reclaimed water projects, and shall annually report, as part of the report required by paragraph 2.f

8 K., on the status of such project.

9 B. The DISTRICT, in conjunction with the appropriate basin boards, shall

10 collectively fund, to the extent authorized by law, approximately nine million dollars

11 ($9,000,000.00) per year for conservation and reclaimed water projects that effectively reduce

12 potable water use. This collective funding shall be continued for ten (10) years and shall be

13 provided to the AUTHORITY, AUTHORITY MEMBERS and other local governments in

14 Hillsborough, Pasco and Pinellas Counties on a 50/50 cost sharing basis.

15 (. No later than January 1, 2008. the AUTHORITY shall maintain a per capital water

16 rate equal to or less than 110 gpd.

17 7. ADDITIONAL FUNDING

18 A. The AUTHORITY and DISTRICT shall jointly and cooperatively approach the

19 Florida Legislature and U.S. Congress to seek additional funding for construction of water

20 supply facilities and land acquisition, but such funding shall not be a condition precedent to the

21 effectiveness of the AGREEMENT.









1 B. By July 1, 1998, and upon the request of ST. PETERSBURG. the DISTRICT

2 shall endeavor to negotiate in good faith AGREEMENTs for the acquisition of fee simple title to

3 the Al Bar Ranc and Weeki Wachee Springs properties owned by PINEf-AS-and ST.

4 PETERSBURG-respectively. The DISTRICT shall request Conservation and Recreation Lands

5 (C.A.R.L.) funds for the acquisition of these properties in amounts not to exceed the amounts set

6 forth in Exhibit 4 subject to applicable C.A.R.L. and statutory requirements and availability of

7 funds.

8 8. ALTERNATIVE DISPUTE RESOLUTION AND ADMINISTRATIVE

9 PROVISIONS.

10 A. As an alternative to the high cost of administrative proceedings, litigation and

11 appeals, the DISTRICT, AUTHORITY and AUTHORITY MEMBERS shall establish a

12 scientific peer review process in conjunction with establishment of the Water Consortium set

13 forth in paragraph 8.C. below.

14 B. To the extent DISTRICT rules or orders may need to be revised to accomplish the

15 terms of this AGREEMENT, the parties agree to cooperate in making such changes. Further, the

16 DISTRICT agrees to consider rule variances and waivers pursuant to 120.542, Florida Statutes,

17 if necessary, to effectuate this AGREEMENT.

18 C. Within 90 days after the effective date of this AGREEMENT, the DISTRICT and

19 AUTHORITY shall provide two million dollars ($2,000,000.00) each to establish and endow a

20 Water Consortium within the Environmental Science and Policy Program of the University of

21 South Florida. This Water Consortium shall be an independent entity which will review issues

22 related to water sources, as may be jointly requested by the parties in order to minimize the

17









1 conflicts between the AUTHORITY and DISTRICT and reduce or eliminate any need for further

2 costly litigation.

3 D. The parties agree that nothing herein shall be construed to modify any existing

4 rules or orders, including permits, of the DISTRICT. All new rules or orders or changes or

5 amendments to existing DISTRICT rules and orders shall be subject to all the requirements of

6 Chapter 120, Florida Statutes and Chapter 373, Florida Statutes.

7 9. FUNDING. Pursuant to various paragraphs in this AGREEMENT, the DISTRICT, in

8 some instances in conjunction with appropriate basin boards and the State of Florida, is to

9 provide funds for new water supply facilities (see paragraph 2-1If JL), real property (see

10 paragraphs 5.A., 5.B. and 7.B.) and conservation and reclaimed water projects (see paragraph

11 6.B.) Availability of this funding is subject to all applicable requirements of law.

12 10. LAW COMPLIANCE. Each party shall comply with all applicable federal, state and

13 local laws, rules, regulations and ordinances relative to performance under this AGREEMENT.

14 11. ASSIGNMENT. No party may assign or transfer its rights or obligations under this

15 AGREEMENT.

16 12. THIRD PARTY BENEFICIARIES. Nothing in this AGREEMENT shall be construed to

17 benefit any person or entity not a party to this AGREEMENT.

18 13. MODIFICATIONS. This AGREEMENT constitutes the entire AGREEMENT between

19 the parties and may be amended only in writing, signed by all parties to this AGREEMENT.

20 14. DOCUMENTS: The following documents are attached and made a part of this

21 AGREEMENT.

22 Exhibit #1 S WF Pupsd Fnding fo W CRWSA W Project

18









1 Exhibit #2 SWFWMD Annual Funding

2 Exhibit #3 Model Agreement For Water Facility Development

3 Exhibit #4 Wellfield Ownership, Acreage and Valuations

4 Exhibit #5 List of Water Facilities

5 Exhibit #6 R-covey Quantities Consolidate Permit

6 Exhibit #7 Potential Water Supply Sources

7 Exhibit #8 Stipulation And Settlement Agreement

8 In the event of a conflict of agreement terminology, priority shall first be given to the

9 language in the body of this AGREEMENT, then to the exhibits.

10 15. LIMITATION OF LIABILITY. The parties lack an adequate remedy at law and,

11 therefore, no party hereto shall be liable to any other party or its directors, officers, employees,

12 agents or representatives for any indirect, incidental, special, consequential or punitive damages,

13 however caused, whether in contract, tort, strict liability, warranty or otherwise, as a consequence

14 of its negligence or in the performance or failure to perform under this AGREEMENT; provided,

15 however, the parties agree that the terms of this AGREEMENT shall be enforceable by an action

16 for specific performance, unless a party's failure to perform results from, or is due to, the action

17 of any person, organization or entity that is not a party to this AGREEMENT.

18 16. EFFECTIVE DATE. This AGREEMENT shall become effective when approved by all

19 parties and when all AUTHORITY MEMBERS have executed the voluntary interlocal

20 AGREEMENT provided for in 373.1963(1), Florida Statutes (as amended by Chapter 97-160,

21 Laws of Florida), but in no event later than January 31, 1998. In the event the AUTHORITY









1 MEMBERS have failed to execute the voluntary interlocal AGREEMENT by January 31, 1998,

2 this AGREEMENT shall be void and of no effect.

3 17. EXTENSION OF TIME. The time for performance by any party hereto of any obligation

4 required of it by this AGREEMENT may be extended upon strict compliance with the provisions

5 of this paragraph.

6 A. The time for performance of an obligation required of a party may be

7 extended only if the party seeking the time extension is prevented from timely fulfilling an

8 obligation required of it under this AGREEMENT due to a judicial or administrative proceeding

9 or the failure of the DISTRICT to propose agency action on permit applications for development

10 of new water supply facilities filed by the AUTHORITY under paragraph 2 of this

11 AGREEMENT in a timely manner.

12 B. A party seeking an extension of time for performance of any obligation

13 under this AGREEMENT shall notify all other parties of its intention to obtain such time

14 extension as soon as such party becomes aware of an administrative or judicial proceeding, or

15 permit application review delay, which might constitute a basis for a time extension so that all

16 other parties hereto may take appropriate action to protect their interests in this AGREEMENT.

17 Further, such party seeking the extension shall timely and deligently pursue all remedies to

18 successfully resolve the proceeding, or permit application review delay, which is the basis for the

19 extension, and shall cooperate fully with all other parties hereto in seeking such resolution so that

20 such parties' delay in performance may be minimized. Further, a party which becomes aware of

21 facts which might later reasonably result in a basis for a time extension shall immediately notify









1 all other parties hereto of such facts and cooperate fully with all other parties hereto in seeking to

2 resolve the matter so that no extension is required.

3 C. A party shall be entitled to an extension of time for the performance of an

4 obligation hereunder only for such time as is required to resolve the proceeding or delay in

5 review of permit application, giving rise to the time extension so that the party may then perform

6 their obligation. Such party in its initial notice under paragraph 14.B. shall in good faith estimate

7 the amount of time by which its performance must be extended and shall revise such estimate

8 and provide notice thereof to all parties hereto as required by subsequent events so that all parties

9 hereto are at all time kept fully informed. The time for performance of obligations of any party

10 to this AGREEMENT which is dependent upon an obligation of another party for the

11 performance of which time has been extended hereunder shall be automatically extended for an

12 equal period of time.

13 18. This AGREEMENT shall be governed by and construed in accordance with the laws of

14 the State of Florida.

15 19. Time is of the essence in this AGREEMENT.

16 20. Notwithstanding any language contained herein, this AGREEMENT shall not be

17 construed to limit the regulatory authority of the DISTRICT in the event this AGREEMENT is

18 rendered null and void.

19 21. This AGREEMENT shall expire on December 31, 2010.

20 22. TERMINATION. This AGREEMENT and all permits approved pursuant to this

21 AGREEMENT shall terminate immediately if any of the following occur: (1) except as provided

22 for in paragraph 2 J. any party hereto breaches any material provision of this AGREEMENT: (2)

21









1 the Amended And Restated Interlocal Agreement that reorganizes the AUTHORITY pursuant to

2 373.1963(1), Florida Statutes, is terminated: or (3) the DISTRICT fails to render final order
4. C.
3 approving the consolidated water use permit described in paragraph4-A, and6 4

4 23 Nothing herein shall be construed to limit the DISTRICT's authority to respond to

5 emergencies.

6 24. Nothing herein shall be construed to require any party hereto to act in a manner contrary

7 to applicable law.

8 25. eE. Except to the extent specifically waived herein -N nothing in this AGREEMENT

9 shall constitute a waiver by any of the parties hereto of any rights they may have under Chapters

10 120 and 373, Florida Statutes Further, nothing in this AGREEMENT shall be construed to limit

11 or waive the rights of any non-party under Chapters 120 and 373, Florida Statutes.

12 26. In addition to the voluntary dismissal of the DOAH cases listed in paragraph 4.B.. the

13 appropriate parties hereto agree to voluntarily dismiss the following cases:

14 A. Pinellas County. Florida v. Southwest Florida Water Management District. et al..

15 Case No. 97-00767. in the Fifth District Court of Appeal

16 B,

17

18 Further, the parties hereto agree that they will not file any rule challenges under Chapter 120,

19 Florida Statutes. of the amendments to Chapters 40D-2. 40D-4 40D-8 and 40D-80. Florida

20 Administrative Code, that are consistent with this AGREEMENT










27. In order to effectuate the terms and conditions of this AGREEMENT it is necessary for

the DISTRICT to waive or grant variances to its rules Set out below are the rules for which

waivers or variances are necessary:






Within thirty (30) days of the effective date of this AGREEMENT, the AUTHORITY shall file a

petition pursuant to 120.542. Florida Statutes, requesting such waivers and variances.

IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have executed this

AGREEMENT on the day and year set forth next to their signature below.



WEST COAST REGIONAL WATER
SUPPLY AUTHORITY


Chairman


ATTEST:


Clerk


HILLSBOROUGH COUNTY, FLORIDA


Chairman
Board of County Commissioners


ATTEST:


Clerk











PASCO COUNTY, FLORIDA


Chairman
Board of County Commissioners


10 ATTEST:
11


Clerk


PINELLAS COUNTY, FLORIDA


Chairman
Board of County Commissioners


ATTEST:


Clerk


CITY OF TAMPA, FLORIDA


Mayor







CITY OF NEW PORT RICHEY


ATTEST:


Clerk












Mayor


ATTEST:


Clerk


CITY OF ST. PETERSBURG


Mayor


ATTEST:


Clerk


SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT


Chairman


ATTEST:



Secretary
tampa bay (leg. version) 01/02/98
TAL/23451-1




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