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Final 11-8-73 3:30 P.M.
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 SOUTH-
WEST 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 G
MANAGEMENT DISTRICT, in 1968 pursuant to Chapter 373, Florida .
SStatutes; and I
IM 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 l.
WHEREAS, the District is acquiring and will acquire certain '
' :.,iroperty in Pasco County, Florida for use as a flood detention
.f reservoir known as the Cypress Creek Flood Detention Area, herein- *^
"-. .'t "i fter referred to as "Cypress Creek," which lands are adjacent to,' d '
and drained by, Cypress Creek which ultimately flows into the f a
IIill.sborough River in illsborouglr County, Florida; and
^ > _____ _
11-7-73: #1
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 the 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
2.
11i-7-73 #
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 authotity
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.
3.
S 11-7-73 it
S4. That ty should enga ei in the product' i"
San iou ld 'thV av i-lab le,
9.' .i^^ ^ ^......localo d distribution; at 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
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 agreement, 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
c 11-7-73 #1
Creek Flood Detention Area as a wellfield, so long as it will also
serve as a flood detention and water storage area. The right to the
use of such wel l/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/o additional as a time adjustment.
12. That the District, pursuant to Chapter 373, F.S., its
rules and regulations duly adopted there.under, 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 Agreement
5.
/ 11-7-73 #1
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
"a",lsi^ ..s yeasio le'r.' tri at its regularly *^,^^-,'
edir ^ird"* ' member 14, 1973, to modity paragraj
ered 1 through 4 of said Order No; 73-3'R to i ide as follow A
S.r "i. The average daily withdraw g.from such well field for %
"t nsmission off the premises as measured cumulraiw ly in millions
f gallons per day (MGD) shall not exceed the following amounts:
^^. .^^1 ip~wF^ll^
^<^i(S I '?'"':"L~j~ '^^f^ ---
.^f '. 4u s r
11-7-73 #1
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
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.
6A.
F1 11-7-73 #1
"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. Accumula-
tions may be withdrawn at any time, subject, however, to the limita-
tions imposed by paragraph 2 above but such accumulations shall not
carry over from one productive year to another beyond the first six
weeks of such productive year. Deficit production over cumulative
amounts shall only be permitted during the first six weeks of each
productive 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.
"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 freshwater inter-
face 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.
7.
11-7-73 #1
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.
-s-
7A.
11-7-73
23. That the City operates certain well fields in Hillsborough
County, Florida .I:now-n a:sSie 'Cose-Odessa Wellfield aid the Section
21 Wellfield, and in Pasco County, Florida, known as the South
Pasco Wellfield, located in Sections 28,32 and 33, Township 26 South,
Range 18 East, for the withdrawal of ground water.
24. That the lands described in Paragraph 23 above, and the ground
water 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:
"(1) 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
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.
11-7-73
"b. At no time shall the weekly average elevations of the
potentiometric surface of the Florij Aquifer 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 cumula-
tively 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.
"b. A recording precipitation gage located within the well
field.
"4. Specifications and locations of the above facilities shall
be approved by the Staff of the SOUTHWEST FLORIDA WATER MANAGEMENT
DISTRICT.
1 11-7-73
"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 freshwater interface could
---- -10-
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 Number 72-1 to provide as follows:
"1. That the City, its agents and employees, shall not withdraw,
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 cumulatively to be less than:
"a. Twenty-two (22) feet above mean sea level as measured
at the "Water Plant E-100" observation well (280548NO823557)
"b. Twenty-five (25) feet above mean sea level, as measured at
the "James 11" observation well (280703NO823417).
"c. Twenty-four (24) feet above mean seal level, as measured
at the "Calm 33A" observation well (280836NO823438).
^0J
2he City, its agents and employees, shall not wi!(ialw,
"21o Tha
withdrawn, from the wells in the aforesaid Section 21 Well
or cause to
.sborough County, Florida, any amount of water which will cause
Field, 1
iy average elevation of the potentiometric surface of th'
the '
Aan aquifer as determined cumulatively to be less than;
F"
"a. Thirty-three (33) feet above mean sea level, as measured at
the "Hillsborough 13" observation well (280704N0823030).
"b. Thirty-four (34) feet above mean sea level, as measured
at "Jackson 26A" observation well (280753NO823059)o
"3. a. At no time shall the weekly average elevations of the
potentiometric surface of the Florida Aquifer 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
ftmww I -
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 cumula-
tively fromNovember 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 pro-
duction 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.
"d. The total maximum withdrawals from the combined
Cosme-Odessa and Section 21 wellfields shall not exceed 168
million gallons per week which amount shall not be figured
cumulatively. Production shall be reasonably balanced between the
two wellfields.
"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 of each week.
10 A
..11-7-73
"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 wellfield will be closely monitored; any adverse
horizontal or vertical movement of the saltwater freshwater 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."
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.
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.
10 B
"4 11-6-73 #iL
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.
10 C
11-8-73 #1
32. 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 approve d
the terms of this agreement and the execution thereof.
33. Pinellas hereby affirms that, at a duly constituted
meeting of the Beard of County Commissioners on the day of
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 day of
1973,it approved the terms of this agreement
and the execution thereof by Pasco.
35. City hereby affirms that, at a duly constituted meeting
of the City Council on the day of 1973,
it approved the terms of this agreement and the execution thereof
by City.
36. Hillsborough 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 agreement
and the execution thereof by Hillsborough.
S.... constitutes the entire agreement bqtween ..
.[l, supplement, modification or
orr .on .,. to, this agreement must be in writing I.|
1i -
11
11-8-73 #1
and signed by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year first above written.
Signed, sealed and delivered
in the presence of: SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT
By
Chairman
As to Southwest Florida Water Attest
Management District Secretary
PINELLAS COUNTY
By
Chairman, Board of
County Commissioners
As to Pinellas
Attest-
Clerk of the Circuit Cour- :
PASCO COUNTY
BY
Chairman, Board of
County Commissioners
As to Pasco
Attest
Clerk of the Circuit Court
CITY OF ST. PETERSBURG
BY
Mayor
As to Cityr
Attest ___ ____
City Clerk
HILLSBOROUGH COUNTY
By
Chairman, Board of
County Commissioners
As to Ilillsborough
Attest
Clerk of the Circuit Court
12
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