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AGREEMENT
THIS AGREEMENT, Made and entered into this 14 day of
November, 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
WIIEREAS, PINELLAS is a body politic; and
WHEREAS, PASCO is a body politic; and
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WHERAS, HIILLSBOROUGH is a body politic; and
SWHEREAS, 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
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 rapdily
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
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use of the water of the state and to protect the public health,
Y 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
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
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WHEREAS, the parties to this AGREEMENT have come together
Sin a sp irit of cooper tion in order to char t a fu tu re cou rse
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, responsibility 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.
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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.
4. That the regional authority shouldengage 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 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
triansniss:Lon pipeline to be constructed d tleron, Libeivailable
for voluntary__transf r-to-tiTe ....reginal_water supply system,
toge their .with. anyproduction facilities, with full compensation
S to be made therefore, but such compensation shall not exceed
expenditures, including interest.
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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 Creek Flood Detention Area as 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
-. .~--~-- c------ .--.,,,"'4-"-'" ...-~-...1---.--.-----~'
any appurtenant__ roluction 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 101o 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.
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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 thpre 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 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,
1 as to PINELLAS' operation of the Eldridge-Wilde well field.
17. That PINELLAS has appealed said Order by Petition for
I a Writ of Ccrtiorari 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.
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18. That the DISTRICT las 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 cumlatively
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
S"d. From October 1, 1974 28 MGD
"2. The maximum daily withdrawal shall not exceed 44 MbGD.
"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
t DISTRICT; such weekly periods shall commence at 12:01 a.m. on
Saturday of each week.
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"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 hereinabove to govern after October 1, 1974.
""b. That the maximum withdrawal rates set forth
hereinabove 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
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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.
23. That the CITY operates certain well fields in Hillsborough
County, Florida known as the Cosme-Odessa well field and the
Section 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, tlhe 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
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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
existing 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
0i 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 ob-
servation well #45.
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"(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 Floridan 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 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.
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"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.
"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 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 withdraw, or cause to be withdrawn, from the wells in the
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aforesaid Cosme-Odessa well field, Hillsborough County, Florida
g 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 (280548N0823557).
"b. Twenty-five (25) feet above mean sea level,
as 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, is agents and employees, shall
Snot 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 optentiometric 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 (280704N0823030).
"b. Thirty-four (34) feet above mean sea level,
as measured at "Jackson 26A" observation well
(280753N0823059).
"3. a. At no time shall the weekly average ulovations
"C) of the potontiometric surface of the Fbridan Aquifer be more than
"3 feet below the elevations set forth in paragrpahs 1. and 2.
above.
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"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.
"d. The total maximum withdrawals from the
combined Cosine-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.
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"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 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.
Q 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 ACREEMENT 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. JThe 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
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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 14 day of November 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 13 day of
November 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 13 day of
November 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 of the 1st day of November 1973,
it approved the terms of this AGREEMENT and the execution thereof
by the CITY.
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36. HILLSBOROUGH hereby affirms that, at a duly constituted
Smeetin g of th e Board of Coun ty Comm mission er s on th e 8 day
of Nov. 1973, it approved the terms of this AGREEMENT
and the execution thereof by HILLSBOROUGIH.
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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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
Attest_
As to Southwest Florida Water Secretary
Management District
PINELLAS COUNTY
By
Chairman, Board of
County Commissioners
S__________________________ Attest_
SAs to Pinellas Clerk of the Circuit Couri
PASCO COUNTY
By
Chairman, Board of
County Commissioners
Attest
As to Pasco Clerk of the Circuit Cour
CITY OF ST. PETERSBURG
By
NMayor
Attest_
As to City City Clcrk
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HILLSBOROUGH COUNTY
By'
Chairman, Board of
County Commissioners
Attest
As to Hillsborough Clerk of the Circuit Court
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