05-15-87
WATER RIGHTS COMPACT
AMONG THE
SEMINOLE TRIBE OF FLORIDA,
THE STATE OF FLORIDA
AND
THE SOUTH FLORIDA
WATER MANAGEMENT DISTRICT
WATER RIGHTS COMPACT
AMONG THE
SEMINOLE TRIBE OF FLORIDA,
THE STATE OF FLORIDA
AND
THE SOUTH FLORIDA
WATER MANAGEMENT DISTRICT
TABLE OF CONTENTS
PART PAGE
I. DEFINITIONS ................................................. 4
A. Action in Federal District Court ........................ 4
B. Board ................................................... 4
C. District ................................................ 4
D. District Rules, Orders and Regulations .................. 4
E. Essential Terms and Principles of the State System ...... 4
F. Florida Water Code ...................................... 5
G. Manual .................................................. 5
H. Reservations ............................................ 5
I. State ................................................... 5
J. Substantially Affected Third Persons .................... 5
K. Tribal Trust Lands ...................................... 6
L. Tribal Water Code ....................................... 6
M. Tribe ................................................... 6
N. Wetlands ................................................ 6
O. Work Plan ............................................... 6
II. GENERAL PROVISIONS .......................................... 7
A. Obligations of the Tribe in Exercising Rights
Under the Compact ....................................... 7
B. Tribal Representative ................................... 8
C. Notice .................................................. 8
D. Lands to Which Compact Rights Apply ..................... 8
E. Effective Date of Compact ............................... 9
F. Inapplicability of Compact to Existing Facilities
Projects, and Improvements on Reservations and Tribal
Trust Lands ............................................. 9
G. Description of Numbering System for Compact ............. 10
H. Computation of Time ..................................... 11
I. Requirement for Written Orders/Final District Action .... 11
J. Relationship Between Compact, Manual and Tribal
Water Code .............................................. 11
K. Promulgation and Amendment of Tribal Water Code ......... 13
III. WATER USE ................................................... 14
A. Protection and Regulation of Tribal Water Use ........... 14
B. General Criteria ........................................ 15
C. Competing Uses .......................................... 15
D. Water Shortage .......................................... 18
IV. MANAGEMENT AND STORAGE OF SURFACE WATERS .................... 20
A. General Criteria ........................................ 20
V. MISCELLANEOUS ENVIRONMENTAL ................................. 21
A. Water Well Construction ................................. 21
B. Underground Injection ................................... 21
C. Water Quality Criteria .................................. 21
D. Wetlands Protection ..................................... 22
VI. SPECIAL PROVISIONS APPLICABLE TO SPECIFIED
RESERVATION AND TRIBAL TRUST LANDS .......................... 24
A. Landowner Agreements .................................... 24
B. Brighton Reservation .................................... 25
C. Hollywood (Dania) Reservation ........................... 26
D. Big Cypress Reservation ................................. 27
VII. ADMINISTRATIVE PROCEDURES ................................... 28
A. Submission Approval and Amendment of Work Plans ......... 28
B. Implementation of Work Plans After District Action ...... 28
C. Dispute Resolution; Exhaustion of Administrative
Remedies Before Court Action ............................ 28
D. Tribal Water Code ....................................... 29
E. Tribal Challenge to District Approval of
Applications by Third Parties ........................... 29
F. Violations of the Compact, the Manual, or the
Terms of any Approved Work Plan by the Tribe or
the District ............................................ 30
G. Modification and Amendment of Manual ..................... 31
VIII. COURT ACTION ................................................ 33
WATER RIGHTS COMPACT
AMONG THE SEMINOLE TRIBE OF FLORIDA,
THE STATE OF FLORIDA AND THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
WHEREAS, the parties to the Compact recognize the
importance of tribal self-determination and economic development to
the Tribe and the people of the State of Florida and
WHEREAS, the parties to the Compact recognize the
importance of protection of the environment and natural resources to
the well being of all; and
WHEREAS, the parties to the Compact recognize that the
general public interest is served by supporting the self-determination
goals of the Tribe, by protecting and enhancing the environment, and
by exercising prudence in the use of natural resources; and
WHEREAS, the parties to the Compact desire to protect the
interests of all in available waters through cooperation and planning
for present and future needs of the Tribe and others; and
WHEREAS, the Seminole Tribe of Florida claims paramount
rights to the use of water under Federal law and freedom from state
regulation; and
WHEREAS, the parties to the Compact disagree as to the
scope and/or existence of the rights; and
WHEREAS, the regulation of consumptive water use and
surface water management under Florida law within that portion of
the State of Florida encompassing the Seminole Tribe's Federal
Reservations and Tribal Trust lands has been delegated by the State to
the South Florida Water Management District; and
WHEREAS, the Seminole Tribe does not presently recognize
the authority of the State or the District to regulate consumptive
water use and surface water management on the Seminole Federal
Reservations and Tribal Trust lands; and
WHEREAS, the parties to the Compact desire to avoid the
expense and uncertainty of large scale water rights litigation; and
WHEREAS, the State and the District have recognized an
obligation to assist the Tribe in the development of its Reservations by
appropriate utilization of the waters of the Reservations so that the
Tribe may become economically self-sufficient; and
WHEREAS, the Tribe has agreed to cooperate with the State
and the District in the regulation of water use and water management;
and
WHEREAS, the Compact is intended to create a
comprehensive and effective system of regulation applicable to the
Seminole federal Reservations and Tribal trust lands that protect the
Tribe's water rights and development potential and is in harmony with
the essential terms and principles of the State system; and
WHEREAS, this system would provide for the protection of
surface and ground water within and outside of the Tribe's federal
Reservations and Tribal Trust lands and prevent adverse environmental
impacts; and
WHEREAS, the comprehensive system provides a procedural
mechanism for resolving conflicts and establishes respective burdens of
the Tribe, the State, the District, and other parties in fairly
resolving water use and water management issues; and
WHEREAS, the Seminole Tribe has withdrawn its objections
to the Modified Hendry County Plan pending approval before the
United States Army Corps of Engineers in return for assurance that
Tribal water rights will be protected under the Compact; and
WHEREAS, the Compact is not intended to disturb vested
rights; and
WHEREAS, the State, the District, and the Tribe have agreed
to cooperate and use their best efforts to identify the extent and
quality of water resources available to the Tribe.
NOW, THEREFORE, the parties to the Compact agree as
follows:
1. DEFINITIONS
The following terms as used in the Compact shall have the
meaning assigned in this section, and shall not be understood as
having the same meaning as terms defined by state law or by
judicial interpretation of state law, unless otherwise expressly
stated in the Compact.
A. Action in Federal District Court Actions commenced in the
United States District Court for the Southern District of
Florida to enforce rights and obligations under the Compact.
B. Board -- The Governing Board of the District with the
general powers and duties set forth under Chapter 373,
(1986 supp.) of the Florida Statutes, and its successors.
C. District -- The South Florida Water Management District, an
agency of the State of Florida created by Chapter 25270,
Laws of Florida (1949) and operating pursuant to Chapter
373 Florida Statutes, and its successors.
D. District Rules, Orders, and Regulations -- All lawfully
promulgated rules, orders, and regulations adopted by the
District or affecting the operations of the District.
E. Essential Terms and Principles of the State System
--Non-procedural provisions of the Florida Water Resources
Act of 1972 as presently codified in Chapter 373 of the
Florida Statutes (supp. 1986) and which are necessary to
provide for the beneficial use and management of water
and related land resources; to promote the conservation,
development, and proper utilization of surface and
groundwater; to prevent damage from floods, soil erosion,
and excessive drainage; and to protect natural resources;
fish, and wildlife.
F. Florida Water Code -- The Florida Water Resources Act of
1972 as codified in Chapter 373 of the Florida Statutes
(1986 supp.).
G. Manual -- The Evaluation Criteria Manual approved by Tribe,
State and the Board containing specific technical and
procedural criteria.
H. Reservations -- Lands designated by the United States
Department of the Interior as of the effective date of the
Compact, as federal Seminole Indian Reservations physically
located within the geographic area under the authority of
the District.
I. State -- The State of Florida, its agencies (other than the
District), political subdivisions, constitutional officers,
officials of its agencies and subdivisions (other than
officials of the District).
J. Substantially Affected Third Persons -- Persons, groups, or
entities who demonstrate a non-frivolous interest
substantially affected by the exercise of rights under the
Compact. The Florida Department of Environmental
Regulation, the Florida Department of Natural Resources,
the Florida Department of Community Affairs, and the
Florida Game and Freshwater Fish Commission, successor
agencies, and owners of lands within the basin affected by
exercise of rights under the Compact are presumed to be
substantially affected third parties. This presumption can
be rebutted by an affirmative showing that the state agency
or landowner does not have an interest that would be
substantially affected by the exercise of rights under the
Compact.
K. Tribal Trust Lands -- Lands held in trust by the United
States for the benefit of the Seminole Tribe, including the
Immokolee lands held by the Tribe in fee status in Section
10, Township 47S, Range 29E, Collier County, Florida, as of
the effective date of the Compact, and which are physically
located within the geographic area under the authority of
the District.
L. Tribal Water Code -- A code adopted by the Tribe which is
consistent with the provisions of the Compact and which
ensures compliance with the Compact by persons conducting
activities on Reservation and Tribal Trust lands.
M. Tribe -- The Seminole Tribe of Indians of Florida or the
Seminole Tribe of Florida, a tribe of American Indians
recognized by the United states and organized under
section 16 of the Indian Reorganization Act of 1934, 25
U.S.C. section 476, and recognized by the State of Florida
pursuant to Chapter 285, Florida Statutes.
N. Wetlands -- Areas that are inundated by surface or
groundwater with a frequency sufficient to support, and
under normal circumstances do or would support, a
prevalence of vegetative or aquatic life that require
saturated or seasonally saturated soil conditions for growth
and reproduction. Wetlands generally include swamps,
marshes, bogs, and similar areas such as sloughs, wet
prairies, river overflows, mud flats and natural ponds.
O. Work Plan -- One or more work plans as described under Part
VII., Section A. of the Compact.
II. GENERAL PROVISIONS
A. Obligations of the Tribe in Exercising Rights Under the
Compact
1. The obligations of the Tribe in developing its
reservations and Tribal Trust lands in exercising its
rights under the Compact are limited to those expressly
stated in the Compact, the Manual, or applicable
federal laws. Nothing in the Compact is intended to
divest the State of Florida of any jurisdiction it has as
of the effective date of the Compact within the borders
of the Seminole Reservations and Tribal Trust lands.
2. Those State laws and District rules, orders, and
regulations which are applicable to the Tribe under the
terms of the Compact as specified hereafter are
expressly incorporated into federal law, and apply to
the Tribe as federal law.
3. The Tribe may use any form of testing and monitoring
to fulfill obligations under the Compact, if such testing
and monitoring is reasonably equivalent to the
accuracy and reliability of testing and monitoring
customarily used or required by the District.
4. The Tribe shall give permission for the District to make
on-the-ground inspections of Tribal facilities affected
by the Compact, upon twenty-four (24) hour advance
notice. Costs associated with such inspections shall be
borne by the District.
5. Upon twenty-four (24) hour advance notice, the Tribe
shall allow the District reasonable access to Reservation
and Tribal Trust lands for the purpose of performing
testing necessary to fulfill the District's obligations
under the Compact.
6. The Tribe is responsible for enforcing the provisions of
the Compact, the Manual, and for complying with the
terms and conditions of approved work plans on
Reservation and Tribal Trust lands. The Tribe has the
authority to promulgate a Tribal Water Code to
implement and enforce the Compact, the Manual, and
the terms and conditions of approved work plans.
B. Tribal Representative
All communication with the Tribe concerning rights and
obligations under the Compact shall be through the Tribal office
created for such purpose, or through such other party as is expressly
designated by Tribal Council Resolution.
C. Notice
All Notices provided for under the Compact shall consist of
written communication by registered or certified mail to the addresses
of the parties or as specified in the Manual. All notices, pleadings,
or other materials required to be filed with the District Clerk shall
be deemed filed on the date of actual receipt by the District Clerk.
All other notices, pleadings or other materials shall be deemed filed
upon mailing first class, postage prepaid.
D. Lands to Which Compact Rights Apply
This Compact, the Manual, the Tribal Water Code, and
applicable federal laws constitute the sole sources of regulation of
consumptive water use, and the management and storage of surface
water and groundwater on Reservation and Tribal Trust lands.
E. Effective Date of Compact
This Compact among the Tribe, the State, and the District,
shall not become final and shall be without binding force and effect
until all requirements enumerated in section 2 of the Settlement
Agreement between the parties to Seminole Tribe of Indians of Florida
v. State of Florida, No. 78-6616-CIV (S.D. Fla) (to which the Compact
will be attached as Exhibit C) have been satisfied. This Compact, in
the form approved by the Board on May 15, 1987, shall be null and void
on December 31, 1988 unless it has received all necessary approvals
and/or ratifications by that date.
F. Inapplicability of Compact to Existing Facilities, Projects,
and Improvements on Reservations and Tribal Trust Lands
1. Existing facilities, projects, and improvements, other
than works of the District, which are located on
Reservations or Tribal Trust lands, and which may be
inconsistent with the criteria and standards set forth in
the Compact, shall be required to meet the criteria and
standards set forth in the Compact and the Manual
only if:
a. the Tribe intends to integrate such existing
facilities, projects and improvements into new
developments under the Tribe's work plan when:
i) the additional flow to be routed to the
existing facilities, when combined with
current design flows, exceeds the design
capacity of the existing facilities;
ii) the additional flow to be routed to the
existing facilities will originate from areas
of significantly different land use;
iii) the existing of facilities will be modified to
accommodate the new water supply or
water management development; or
b. such existing facilities, projects, and
improvements substantially harm, or pose a
threat of serious irreparable harm, to lands other
than Reservation and Tribal Trust lands. Such
existing facilities, projects, and improvements
shall be required to meet the criteria and
standards of the Compact only to the extent
necessary to mitigate the demonstrated harm.
2. Such existing facilities, projects, and improvements
which are located on Reservations and Tribal Trust
Lands and which may be inconsistent with the criteria
and standards set forth in the Compact shall not be
required to meet the criteria and standards set forth in
the Compact except in the circumstances set forth
under subsection 1. of this section.
3. Notwithstanding any other provision of the Compact
or Manual, the Tribe shall not be required to institute
mandatory water utility pressure reductions during a
declared water shortage on systems serving Big Cypress
or Brighton Reservations.
G. Description of Numbering System for Compact
Letters and numbers designating provisions of the Compact
shall be in the following order, and shall be identified in the
following manner: "I" is a Part; "A." is a section; "1." is a
subsection; "a." is a paragraph; and "i)" is a subparagraph.
H. Computation of Time
In computing any period of time prescribed or allowed
under the Compact, the day of the act from which the designated
period of time begins shall not be included. The last day of the
period shall be included unless it is a Saturday, Sunday, or legal
holiday, in which event the periods shall run until the end of the next
day which is not a Saturday, Sunday, or legal holiday. Legal holidays
include those days so designated under State and federal law. The date
of final District action under Part VII. of the Compact shall be the
date on which the written order specified in Section I. of this Part is
filed with the District Clerk.
I. Requirement for Written Orders/Final District Action
Any act or event which constitutes final District action
under the Compact shall be reduced to a written order, filed with the
District Clerk, and served on the Tribe within ten (10) days of such
act or event. Service on other persons shall be as provided under Part
VII. of the Compact.
J. Relationship Between Compact, Manual and Tribal Water
Code
1. Provisions of the Compact listed in paragraphs a.
through e. of this subsection shall be implemented
according to the Manual:
a. Part III.B.; III.C.6; III.D.; and
b. Part IV.; and
c. Part V.A.; V.B.; V.C.; V.D.; and
d. Part VI.B.; VI.D.; and
e. All of Part VII.
2. If the Tribe complies with the applicable requirements
and objectives of the Compact, then the Tribe, with the
exception of the procedural chapter of the Manual,
does not need to meet the specific criteria outlined in
the Manual. If the Tribe satisfies the specific criteria
outlined in the Manual, a presumption shall arise that
the Tribe has met the requirements and objectives of
the Compact.
3. Following the procedures set forth under Part VII.G. of
the Compact, the parties to the Compact may modify,
amend, or otherwise change the Manual.
4. One of the purposes of the Manual is to further define
and explain the conditions, criteria and objectives of
this Compact. Any ambiguities in the Compact should
be resolved, if possible, by reference to the Manual.
However, in no event, shall the Manual be used to alter
or modify terms or provisions contained in the
Compact which are not facially ambiguous. Conflicts
between the Compact and the Manual shall be
resolved by adhering to the Compact. Conflicts
between provisions of the Tribal Water Code and the
Compact shall be resolved by adhering to the Compact.
Conflicts between provisions of the Tribal Water Code
and the Manual shall be resolved by adhering to the
Manual.
5. In any instance where the District establishes a new
program of general applicability throughout the
District or institutes changes in any rules, regulations,
or procedures, which are of general applicability
throughout the District, or institutes changes to rules,
regulations or procedures affecting only the basin or
area within which Tribal lands to which the Compact
applies, and which are inconsistent with or not
addressed by the Compact or Manual:
a. The District shall notify the Tribe of said changes
in writing upon initiation by the District of
rulemaking; and
b. Within sixty (60) days of adoption the Tribe shall
elect to proceed under either the new provision
or under the prior provision if any. If the Tribe
elects to proceed under the new provisions, the
Manual shall be appropriately amended.
K. Promulgation and Amendment of Tribal Water Code
The Tribe shall provide the District with a copy of proposed
provisions and proposed amendments of the Tribal Water Code at
least ten (10) days before adoption by the Tribe of such provisions
and amendments.
III. CONSUMPTIVE WATER USE
A. Protection and Regulation of Tribal Water Use
1. The principles set forth in this part of the Compact are
intended to prescribe and protect the Tribe's rights to
the use of water.
2. The Tribe's rights shall not be adversely affected or
limited by any change subsequently made in the State
system or the District rules, regulations, and orders
affecting preference or priority of water use. The Tribe
shall have a preference or priority equal to any
preference or priority which may be established for the
same use under State law for any other party after the
effective date of the Compact.
3. After the effective date of the Compact the Tribe will
have an opportunity for significant input into water
related land use decisions on lands surrounding the
Reservation. In return for this increased input from the
Tribe, surrounding landowners should be able to rely
on past land use decisions without fear that later
exercise of tribal rights will negatively impact them.
Present surrounding land uses do not present any
inherent conflicts.
4. It is consistent with the public interest to take steps
and means to avoid the undesirable effects of
inflexibility in the transfer of water rights while
retaining adequate security for any such existing rights.
Water rights exercised under any existing system should
not become so inflexible that water resources cannot meet
new needs and demands by transfer from existing uses
to new uses which are more beneficial.
B. General Criteria
The Tribe must give reasonable assurances that any
proposed consumptive water use:
1. will not cause significant inland movement of either
surface saline water or the underground saline water
interface; will not cause either significant upconing of
saline water that may be beneath freshwater or
vertical leakage of connate saline water; or otherwise
reduce the amount of potable water;
2. will not have a significant adverse impact on lawful
land uses including wetlands located on lands other
than Reservation and Tribal Trust lands;
3. will not cause significant adverse environmental
impacts;
4. will not cause significant pollution of the surface water
or the aquifer;
5. is a reasonable-beneficial use;
6. will not interfere with presently existing legal uses of
water and users of water protected under the
Compact; and
7. is consistent with the essential terms and principles of
the State system as defined in the Compact.
C. Competing Uses
1. The Tribe shall be given a preference in approval of
Work Plans involving withdrawal and use of the
groundwater resources underlying Reservation and
Tribal Trust lands.
a. The Tribe shall be entitled to a preference when
its proposed use conflicts with a proposed use by
a non-Tribal user and the recognition of such
preference is reasonably necessary to the
accomplishment of the Tribe's lawful purposes.
b. The Tribe shall be entitled to a preference to a
reasonable share of available resources when its
proposed use conflicts with a then pending
application by a non-Tribal user to renew or
increase its authorized use of water and the
recognition of such preference is reasonably
necessary to the accomplishment of the Tribe's
lawful purposes.
2. The Tribe through its exercise of rights under this
Compact, is afforded an opportunity to perfect its
rights to water as though it had been an existing user
and had elected to perfect its rights to water on or
after March 2, 1974 (the date of implementation of
Part II, Chapter 373, Florida Statutes).
3. If two (2) or more proposed uses which otherwise
comply with the provisions of this part are pending for
a quantity of water that is ir adequate for both or all,
such proposed competing uses must first satisfy the
standard conditions for approval which apply to each
applicant. The Board shall consider the reasonable
beneficial uses for the water as well as the extent to
which the proposed use is reasonably necessary for the
Tribe to achieve its purposes.
4. No Tribal preference shall be asserted in a manner that
will cause catastrophic changes to aquifer systems. No
Tribal preference shall be asserted directly or
indirectly for the purpose of exporting water for use
offsite of Reservations and Tribal Trust lands.
5. Determination of any tribal claim that offsite activities
or water consumption have caused water quality
problems in aquifer systems underlying Reservation
and Tribal Trust lands shall be made without regard to
any preferred rights of the Tribe under this section.
6. Drawdown Limitations
This subsection specifies maximum drawdowns in
artesian aquifers. Actual drawdowns permitted by the
District pursuant to the Compact with respect to the
Tribe or Chapter 373, Florida Statutes, with respect to
adjacent landowners may be substantially less than
these maximums.
a. Exercise of Tribal Preference
In exercising its preference rights, the Tribe shall
not cause more than a twenty (20) foot
drawdown of the potentiometric head of any
artesian aquifer system at the boundaries of the
Reservation or Tribal Trust lands involved unless it
has specific written authority or agreement from
affected landowners.
b. Adjacent Landowners
No development of groundwater resources on
lands adjacent to any of the Seminole
Reservations or Tribal Trust lands will be
permitted by the District if the drawdown of the
potentiometric head of any artesian aquifer
system will be more than twenty (20) feet at the
boundary of the Reservation unless it has specific
written authority or agreement from the Tribe.
7. All water use permits issued by the District after the
date this Compact is approved by the Board to
non-Tribal users whose permit rights may be affected
by the Tribal rights confirmed under the Compact, shall
include a special condition advising the permittee of
the Compact and its potential impact on any future
permit renewals. Appropriate notice of Tribal rights
under the Compact shall be sent to all potentially
affected holders of existing permits.
8. The Tribe shall mitigate adverse impacts on lawful
single family home domestic users existing as of the
date the Compact is approved by the Board, where
such adverse impacts are caused by the exercise of
Tribal rights under the Compact. Adverse impact shall
be determined according to the Manual.
D. Water Shortage
1. Reductions in Tribal water use due to water shortages
shall be made in the same manner and percentage as
the equivalent class of use, source, and manner of
withdrawal as required under the District water
shortage plan. The Tribe may request a variance from
water use restrictions imposed pursuant to this Section,
using the procedures and criteria in the Manual.
Variances shall not be unreasonably denied. The Tribe
shall not be required to reduce its water sources, uses,
and methods of withdrawal more than the reduction
in sources, uses, and methods of withdrawal of the
least restricted user of the same source, use, and
method of withdrawal class except as authorized
under Chapter 7 of the Manual.
2. Declared water shortages occurring solely on Reservation
and Tribal Trust lands shall be governed solely by the
Tribal Water Code provided that the Tribal provisions
satisfy the objectives of the District and that the
applicable Tribal procedures are consistent with the
Compact.
IV. MANAGEMENT AND STORAGE OF SURFACE WATERS
A. General Criteria
The Tribe must give reasonable assurances that the proposed
surface water management system:
1. provides adequate flood protection and drainage;
2. will not cause significant adverse water quality and
quantity impacts on receiving waters and non-Tribal
lands;
3. will not cause discharges to ground or surface waters
which result in any violation of State water quality
standards;
4. will not cause significant adverse impacts on surface
and groundwater levels and flows;
5. will not cause significant adverse environmental
impacts;
6. can be effectively operated and maintained;
7. will not adversely affect public health and safety;
8. will not otherwise be harmful to the water resources of
the District; and
9. is consistent with the essential terms and principles of
the State system as defined in the Compact.
V. MISCELLANEOUS ENVIRONMENTAL
A. Water Well Construction
The Tribe must give reasonable assurances that the
construction, alteration, operation, maintenance, and abandonment of
any water well on Reservation and Tribal Trust Lands will not be
harmful to the water resources of the District and will not be
inconsistent with the purposes of the Compact.
B. Underground Injection
1. The Tribe must give reasonable assurances that the
construction, alteration, operation, maintenance, and
abandonment of any underground injection facility
will not be harmful to the water resources of the
District and will not be inconsistent with the purposes
of the Compact.
2. The District shall, independently of the federal
authority having jurisdiction over the matter, review
requests by the Tribe for installation and operation of
underground injection systems in accordance with the
provisions of the Manual.
C. Water Quality Criteria
Tribal activities shall not cause significant pollution of
ground or surface waters. The Tribe shall comply with those water
quality standards imposed by the District as provided in the Compact,
the Manual, and with federal pesticides requirements on Reservation
and Tribal Trust lands. The Tribe shall use only pesticides,
herbicides, fertilizers, and other agricultural chemicals which have
been approved by the Environmental Protection Agency and the U.S.
Department of Agriculture for use in Florida and shall apply the
pesticides, herbicides, fertilizers, and other agricultural chemicals
in strict accordance with the label directions. Upon written Tribal
Council Resolution by the Tribe, the District shall condition permits
or other requests for approval reasonably expected to affect Tribal
interests by requiring adherence to those water quality standards
imposed by the law. The District shall cooperate with the Tribe and
appropriate State and federal agencies to enforce the requirements of
this subsection against the use of pesticides, herbicides, fertilizers,
and other agricultural chemicals by third persons on lands other than
Reservation or Tribal Trust lands in a manner which causes water
quality violations. The District's cooperation may include, but not be
limited to, requiring reasonably appropriate monitoring by permittees
and other appropriate actions authorized by state or federal law.
D. Wetlands Protection
1. The Tribe will provide reasonable assurances that
wetland values and functions will be maintained.
Wetlands and proposed impacts on wetlands shall be
evaluated using sound engineering and ecological
principles.
2. Wetlands greater than forty (40) acres, or covered
under subsection 3. of this section, will be protected in
accordance with the criteria set forth in the Manual.
3. Wetlands of forty (40) acres or less which are
incorporated within a surface water management
system or are otherwise protected, shall be governed
by subsection 2. of this section.
4. Wetlands of forty (40) acres or less which are not
incorporated within a surface water management
system or are not otherwise protected, may be
disturbed, provided that an upland system of
equivalent size is set aside in an area committed for
passive uses. The wetland and upland areas to be
traded shall be specifically described in any Work Plan
proposed under Part VII., Section A. of the Compact.
The District may waive the requirement for uplands set
aside under such circumstance as would justify such a
waiver for non-Tribal interests.
VI. SPECIAL PROVISIONS APPLICABLE TO SPECIFIED RESERVATION
AND TRIBAL TRUSTLANDS
A. Landowner Agreements
The Tribe and any landowners who may be affected by
operations of the Tribe under a tribal Work Plan, may be
protected and governed by site specific criteria applicable to
groundwater withdrawals and, if applicable, to surface water
withdrawals, determined by private agreement, which may
include provisions for arbitration. Criteria for groundwater
withdrawals may apply to well placement, construction and
operation. Similar criteria for surface withdrawal pumps or
other works will be identified, if appropriate, to implement the
purpose and intent of this subsection. Any such private
may be presented to the District for approval and if so approved
by the Board the agreement shall have, as between the parties to
such agreement, the force and effect of the Compact and,
specifically, shall prevail in any dispute between the parties
to such private agreement in the event of a conflict with the
Compact, the Manual or with other applicable permitting criteria
of the District. Nothing herein shall affect the authority of
the District to evaluate Work Plans, permit applications, or
other requests for approval under other provisions of the Compact
or state law. Nothing herein shall be construed to preclude a
third person from asserting that such Work Plan, permit
application, or other request for approval adversely affects
their substantial interests. The private agreement between the
Tribe and Unites States Sugar Corporation entered into prior to
May 15, 1987 is attached hereto as Exhibit A and made a part
hereof. The private agreement between the Tribe and Likes Bros.,
Inc. entered into prior to May 15, 1987 is attached hereto as
Exhibit B and made a part hereof. Both private agreements are
hereby approved.
B. Brighton Reservation
1. The Tribe shall be entitled to fifteen percent (15%) of
the total amount of water which can be withdrawn
from the District canals and from District borrow canals
by all users from surface water within the Indian Prairie
Basin as described in Rule 40E-21.691(6)(a), Florida
Administrative Code (1987), (legal description to be
corrected in Florida Administrative Code) calculated by
the District on a monthly bases. The Tribe shall not be
entitled to any preference to withdrawals in excess of
fifteen percent (15%) from such District canals. The
Tribe shall withdraw its fifteen percent (15%) share of
the waters in the specified canals under procedures
detailed in the Manual which, in the light of
experience, are reasonably designed to assure the
Tribe of the opportunity to make its entitled
withdrawals on a monthly basis. Notwithstanding the
provisions of the Manual, the Tribe shall have the
opportunity to demonstrate that it is not receiving its
entitled share of the waters in the specified canals
because of the actions of the District or of some third
party. The Tribe shall have the burden of proof on this
issue and shall assert any such violations of the
Compact under the provisions of Part VII. of the
Compact and the Manual.
2. The Tribe shall have access to a fractional share of
surface waters from Lake Okeechobee for use on the
lands of the Reservation located within the Lakeshore
Perimeter Basin as described in Rule 40E-21.691(3)(d),
Florida Administrative Code (1987), for water use as it
exists on the effective date of the Compact. Such
fractional share shall be calculated from the ratio of
the total area of the water supply service area as it
exists on the effective date of the Compact to the total
land area of the Brighton Reservation within the
Lakeshore Perimeter Basin for water use as it exists on
the effective date of the Compact.
3. Expansion by the District of the geographical
boundaries of the area receiving surface water from a
specific source for water use purposes shall entitle the
Tribe to a fractional share of any additional available
water in the District canals and District borrow canals
for use on the Brighton Reservation. Such fractional
share shall be calculated from the ratio of the total
land area of the Brighton Reservation within the
expanded service area to the total land area of the
expanded service area. This subsection, however, shall
not serve to diminish the percentage of surface water
of the Indian Prairie Basin which was available to the
Tribe before the expansion of the service area, and
which the Tribe may elect to retain pursuant to
subsection 1. of this section.
C. Hollywood (Dania) Reservation
1. On the Hollywood (Dania) Reservation, the Tribe shall
have the rights set forth under Part III. of the Compact,
except that with respect to public water supply
permittees of the District whose permits are approved
as of the effective date of the Compact, the Tribe shall
have no more than the rights accorded public water
supply permittees of the District whose permits are
approved as of the effective date of the Compact.
2. After receiving notice pursuant to the Manual of an
application potentially affecting Tribal rights under
the Compact, the Tribe may:
a. Object to the application pursuant to the
Manual; or
b. Require the District, if the potentially competing
use request is granted, to order the permittee to
accept the Reservation as a bulk consumer of the
permittee's system. The District shall adjust the
permittee's allocation to include the additional
water needs of the Tribe, if such needs are not
included in the allocation granted. The District
shall place a condition in the permittee's permit
that the permittee must allow the Tribe to
connect to the permittee's system and must
charge the Tribe at a rate not to exceed the most
favorable consumer rate charged to any
consumer of the permittee's system. If the
additional water needed to supply the Tribe
cannot be withdrawn without causing significant
adverse impacts, the District shall place a
condition in the permit that the permittee must
satisfy the reasonable-beneficial needs of the
Tribe before satisfying the additional needs of
non-Tribal users. It is understood that this
procedure is not intended as a precedent for any
other situation.
D. Big Cypress Reservation
The Tribe shall be entitled to withdraw from any surface
water resources on the Big Cypress Reservation that percentage of
the water available within the South Hendry County/L-28 Gap
Water Use Basin as described in rule 40E-21.691(7)(c), Florida
Administrative Code (1987), as the lands of the Big Cypress
Reservation bear to the total land acreage within the basin.
VII. ADMINISTRATIVE PROCEDURES
A. Submission Approval and Amendment of Work Plans
The Tribe, before commencing any work that is covered by
the provisions of this Compact, shall submit a work plan to the
District, or, where required, an amendment to any work plan,
under the procedures specified in the Manual. Such procedures
shall give interested parties adequate notice of Tribal plans
and an opportunity to be heard, in accordance with the timeframes
set forth in the Manual. Such procedures shall also give the
District staff sufficient information to properly evaluate the
proposals in accordance with the criteria and principles
contained in Parts I. through VI. of the Compact and in
accordance with the detailed provisions of the Manual.
B. Implementation of Work Plans After District Action
Following District action, the Tribe may request the Board
for a rehearing or shall give notice of its intent to implement
the Work Plan as approved following final District action or
implement the proposed Work Plan or amendment without
complying with part or all of final District action in accordance
with the timeframes and procedures set forth in the Manual.
Initiation of federal court action by the District or third
parties shall be in accordance with the timeframes set forth in
Part VIII. of the Compact and the procedures contained in the
Manual.
C. Dispute Resolution; Exhaustion of Administrative Remedies
Before Court Action
The Tribe and the District shall use best efforts to resolve
disputes concerning the enforcement of rights and obligations
created by the Compact through informal meetings, mediation,
arbitration or third party facilitation. Before commencing
action, in accordance with the provisions of Part VIII. of the
Compact in the federal district court for violations of the
Compact by any party to the Compact or third party, notice shall
be given to the Tribe or the District, as the case may be, and
remedies provided in the Manual shall be exhausted under
procedures established in the Manual
D. Tribal Water Code
The Tribe, through a Tribal water code, shall enforce the
provisions of the Compact and the Manual and terms and
conditions of approved Work Plans against persons conducting
activities on Reservation and Tribal Trust Lands.
Notwithstanding this provision, the Tribe may in individual cases
through Tribal Council resolution request the District to enter
Reservation and Tribal Trust Lands for the purpose of enforcing
the provisions of the Compact against persons other than the
Tribe conducting activities on Reservation or other Tribal Trust
Lands in accordance with procedures established in the Manual.
E. Tribal Challenge to District Approval of Applications by
Third Parties
If the Tribe perceives that permit applications or other
requests for approval by third parties from the District would
conflict with Tribal rights under the Compact, the Tribe shall
give the District adequate notice and shall raise its objections
with respect to such permit applications or other request for
approval in accordance with the timeframes set forth in the
Manual before challenging such permit applications or requests in
federal district court. The District shall timely notify the
Tribe by certified mail, return receipt requested of such permit
applications or other requests for approval. The dated return
receipt from the U.S. Postal Service shall be attached to the
staff report or other proposed District action and shall be
conclusive evidence that the Tribe has been properly noticed
pursuant to this section. The District's failure to comply with
this section shall not deprive the Tribe of rights is would have
been able to assert had the District complied with this section.
In the case of third party permit applications where a request
for administrative hearing is filed, the Tribe shall have a
thirty (30) days from the date of either filing of the request
for hearing, or Board evaluation of a Tribal notice of
objection, whichever occurs later to make one of the elections
set forth in the Manual. If one of these elections is made,
the Tribe may not file any action in federal district court
until final District action has occurred. A court action filed
under this paragraph must be filed within thirty (30) days of
final District action. The Tribe shall not file any
such action in federal district court until final District action
has occurred.
F. Violations of the Compact, the Manual, or the Terms of any
Approved Work Plan by the Tribe or the District
Any substantially affected third parties who are
substantially affected by actions of the Tribe or the District
which are perceived to be in violation of any of the provisions
of the Compact, the Manual or the terms and conditions of any
approved Work Plan shall have the right to challenge such action
in procedures established in the Compact and the Manual. Persons
other than the State or the District with claims over which the
Tribe has jurisdiction must exhaust Tribal remedies.
Substantially affected third persons may file a written
complaint with the District Clerk alleging violation of the
Compact, Manual or the term of any approved Work Plan. Upon
receipt of a complaint, the District shall conduct an
investigation and make a determination of its intended action in
accordance with the procedures get forth in the Manual. The
Complainant or Tribe may file a request for a hearing before the
Board within fourteen (14) days of notice of the District's
findings.
G. Modification and Amendment of Manual
1. The initial Manual shall be the Manual approved by the
Board in conjunction with the approval of the
Compact. The Manual shall become effective on the
effective date of the Compact.
2. On or before March 1 of any fiscal year, a party to the
Compact may propose to the other parties to the
Compact a modification, amendment, or other change
in the Manual. All such proposal shall be made in
good faith belief that the proposals are consistent with
the provisions and intent of the Compact. Non-parties
may propose amendments to those specific provisions
of the Manual which establish criteria that apply to
both Reservation land and adjacent land and shall be
given an opportunity to be heard.
3. The Tribe, the State, and the District shall make a good
faith attempt to consider and agree upon
modifications, amendments, and other changes in the
Manual which are consistent with the provisions and
intent of the Compact.
4. Upon agreement among the Tribe, the State, and the
District to modify, amend, or otherwise change the
Manual, the District shall publish and provide notice as
described in the Manual.
a. Substantially affected third persons may, within
fifteen (15) days of publication of notice, request
the District for a hearing before the Board at
which the sole issue shall be whether the
modification, amendment, or other change in the
Manual violates the Compact. The Board may
reject frivolous requests for hearing and requests
filed by persons lacking a non-frivolous interest
which is substantially affected.
b. Requests by a substantially affected third person
for a hearing shall contain the information and
follow the form set forth in the Manual.
c. Within five (5) days of receipt of a request for
hearing, the District shall provide the Tribe and
the State with copies of the request and all other
materials filed.
d. Minor, nonsubstantive changes to the Manual
may be made at any time upon agreement of the
Tribe, the State and the District. Such changes
include, but are not limited to, editorial changes
necessary for clarity and change of address.
Neither notice nor an opportunity for hearing
need be given before such changes become
effective. When the parties agree upon
substantive changes pursuant to this section,
minor, nonsubstantive changes previously made,
but not noticed, shall also be noticed.
5. For purposes of this section, the Tribe shall act through
its Tribal Council, the District through its Governing
Board and the State through the Governor and
Cabinet, sitting as the Land and Water Adjudicatory
Commission, or their successors.
VIII. COURT ACTION
A. The parties to the Compact will seek federal legislation
giving the District Court of the Southern District of
Florida original jurisdiction of all civil actions brought by
or against the Seminole Tribe to enforce the Compact's
provisions, including enforcement of agreements to arbitrate
under the authority of the Compact.
B. No action in federal district court shall be instituted under
the Compact unless the party has complied with
administrative procedures specified under Part VII. of the
Compact and the Manual. Unless otherwise specified in the
Compact, any action brought by any person who is not a
party to the Compact shall be brought ex rel the District. A
party proceeding ex rel may not challenge the validity of any
final District action.
C. In any action commenced under the Compact, a special
master shall be appointed to report to the federal district
court on questions of fact and law, unless the court makes a
determination, in the exercise of sound judicial discretion,
that use of a special master is not warranted. Actions under
the Compact shall be decided on an expedited basis.
D. Except for those persons having Tribal remedies, the judicial
procedures specified in this part and the administrative
procedures specified in Part VII. of the Compact shall be the
exclusive procedures for resolution of any matter or dispute
arising under the terms of the Compact or involving Tribal
water use and any determination made under these
procedures shall be final for all purposes, subject only to
appeal from decisions of the federal district court presently
allowed by federal law.
E. In an action brought under the Compact for permanent
injunctive relief or in any final determination on the
merits, the substantially prevailing party shall be entitled
to costs and attorney's fees.
F. The Seminole Tribe of Florida, the State of Florida and the
South Florida Water Management District expressly waive
any immunity each may have to civil actions for injunctive
relief commenced to enforce the Compact and its
implementing federal legislation.
G. The District or any person who timely requested a hearing or
filed a notice of reliance, as set forth in the Manual, shall
have a thirty (30) days after the Tribe files notice of its
intent with regard to the Work Plan, to commence suit in
federal court,. Such action shall not be ex rel the
District. Persons who requested a hearing or filed a notice
of reliance shall have an additional ten (10) days following
expiration of the thirty (30) days to commence suit in
federal court ex rel the District to enforce final District
action.
H. The Tribe may file suit in federal district court on a third
party's permit within thirty (30) days of final District
action.
I. 1. Any action filed in federal court shall deal separately
with disputed issues of District procedure,
interpretations of law, determinations of fact or policy
within the District's exercise of delegated discretion.
If the federal court determines that either the fairness
of the proceeding or the correctness of the action may
have been impaired by a material error in procedure or
failure to follow prescribed procedure, then the
federal court shall remand the case for further District
action. If the federal court finds that the District
erroneously interpreted a provision of law and that a
correct interpretation compels a particular action, it
shall either set aside or modify the District action or
remand the case to the District for further action under
a correct interpretation of the provision of law.
2. This subsection applies when a formal hearing has
been hels pursuant to section 120.57, Florida Statutes
(1985). If the District's action depends on any fact
found by the District in a proceeding meeting the
requirement of section 120.57, Florida Statutes, the
federal court shall not substitute its judgment for that
of the District as to the weight of the evidence on any
disputed finding of fact. The federal court shall,
however, set aside the District's action or remand the
case to the District if it finds that the District's
action depends on a finding of fact that is not supported
by competent or substantial evidence in the record. The
federal court shall remand the case to the District if it
finds that the District exercise of discretion is either
outside the range of discretion delegated to the
District by law; inconsistent with a District rule;
inconsistent with an officially stated District policy or
prior District practice, if deviation therefrom is not
explained by the District; or otherwise in violation of a
constitutional or statutory provision. However, the
federal court shall not substitute its judgment for that
of the District on an issue of discretion. Such review
shall not be de novo. Section 373.114, Florida Statutes
(1985), shall not apply.
J. No action in federal district court may be commenced until
the Board has taken final District action, unless delay would
cause irreparable injury and the relief requested is a
temporary restraining order.
IN WITNESS WHEREOF, the parties hereto have affixed their hands
and seals on the dates set forth below
______________________________________
DEPARTMENT OF NATURAL RESOURCES
______________________________________
Date
______________________________________
Legal Form Approval
______________________________________
SOUTH FLORIDA WATER MANAGEMENT
DISTRICT
______________________________________
Date
______________________________________
Legal Form Approval
______________________________________
SEMINOLE TRIBE OF INDIANS OF FLORIDA
______________________________________
Date
______________________________________
Legal Form Approval
Agreement Between the Seminole Tribe and United States Sugar Corporation
for Allocation of Water from the Lands of the Big Cypress Seminole
Reservation and the United States Sugar Corporation Lands Adjacent
Thereto
WHEREAS, the UNITED STATES SUGAR CORPORATION (the "Corporation")
owns certain lands adjacent to the Seminole Big Cypress Reservation
(the "Reservation"); and
WHEREAS, the Corporation has received certain permits from the
South Florida Water Management District for development of groundwater
and surface water on these lands; and
WHEREAS, the Seminole Tribe (the "Tribe") has negotiated a water
rights compact with the South Florida Water Management District and the
State of Florida; and
WHEREAS, the Tribe and the Corporation are desirous of avoiding
any controversy over these matters; and
WHEREAS, it appears possible to avoid any conflict between the
Tribe and the Corporation by entering into a site specific agreement
allocating the designated water resources; and
WHEREAS, the essential principles of an agreement have been agreed
to by the Tribe and the Corporation; and
The Tribe and the Corporation agree as follows:
1. An area of land comprising Sections 31, 32, 33, 34, 35, 36,
Township 47 South, Range 34 East and Sections 1, 2, 3, 4, 5, 6,
8, 9, 10, 11, Township 48 South, Range 34 East of the
Corporation's land and comprising certain lands owned by the
Tribe which lands will be identified by August 15, 1987, will
be identified as a Zone of Influence within which water
withdrawals may have an impact on available water supplies
beyond the boundary of each party's ownership (such lands
together referred to herein as the "Zone of Influence"). If it
is determined, based upon pump test date acquired by the Tribe
and the Corporation that water withdrawals in or beyond this
Zone of Influence will have impacts which are inconsistent with
this Agreement, then
Exhibit A
the party creating these impacts will mitigate them by limiting
the amounts and methods of withdrawal within the Zone of
Influence. For purposes of determining the maximum allowable
withdrawals from the Zone of Influence, the entire general area
suitable for agricultural development will be considered as a
single agricultural development regardless of the timing of
development by the Tribe and the Corporation. Within the Zone
of Influence, water supplies will be allocated and amounts and
methods of withdrawals authorized so that the Tribe and the
Corporation accommodate and protect the water needs of each
other and conduct economic activities without operational
interference. Within the Zone of Influence neither party will
utilize inefficient methods of withdrawal or use or otherwise
consume water by wasteful means resulting in adverse impacts
or limitations beyond the ownership of each party to the degree
that adequate supplies become unavailable to the other. It is
understood that the Tribe or the Corporation may use the water
withdrawn anywhere for non-agricultural purposes although the
amount of withdrawals will be limited to amounts normally
allowed by the District as of the date of the Compact for
agricultural uses on available acreages. For purposes of
determining maximum allowable withdrawals, withdrawal needs
shall be determined based upon agricultural uses to include,
without limitation, citrus, other fruits, vegetables, and
improved pasture. Agricultural uses assumed for purposes of
withdrawal must be feasible based upon soils and other natural
resource or climate limitations. The determination of
withdrawal limitations and methods shall be based only upon the
provisions of this Agreement and on any subsequent agreement or
supplement hereto and not upon rights or priorities otherwise
available under the Compact or under state or federal law.
2. In periods of drought or otherwise limited water supplies, the
Tribe and the Corporation will be required to limit withdrawals
of surface water or groundwater from the Zone of Influence, as
the case may be, so that available respective ground or surface
supplies are shared equitably between them. The site specific
abundance of water supplies available to the Tribe or the
Corporation may allow a greater withdrawal of water by either
so long as withdrawal from a particular supply does not
inequitably limit the other.
3. In order to achieve agreed methods and amounts of withdrawal
within the Zone of Influence of available water supplies as
specified in Paragraphs 1 and 2 above, site specific ground
water criteria for well placement, construction, pump type,
pump depth and operation and criteria for surface water
withdrawal works shall be established by a subsequent
supplement to this Agreement. Identification of the
Reservation lands comprising part of the Zone of Influence and
site specific criteria described above shall be based upon pump
test data acquired by the Corporation within its land and pump
test data acquired by the Tribe within the Reservation. The
Tribe shall perform a pump test in the general vicinity of the
Northwest Quarter of Section 23, Township 48 South, Range 34
East, and acquire the date therefrom no later than August 15,
1987. In the event that the Tribe does not acquire data from
the Reservation by August 15, 1987 then the Tribe's portion of
the Zone of Influence and site specific criteria shall be based
upon test date acquired by the Corporation from its land and
other existing data, including data complied by the South
Florida Water Management District from test wells on
Reservation lands. The Zone of Influence and specific criteria
based upon this data will be modified, if necessary, based upon
further data acquired by the Tribe from the Reservation,
provided, however, that operational or construction
modifications will not apply to wells or surface water
works constructed in accord with the original criteria.
4. If operating experience in all or any portion of the Zone of
influence demonstrates that any specific operating criteria
such as withdrawal rates developed under this agreement for
wells and withdrawal works are overly or underly restrictive
and require modification by relaxing or increasing
restrictions to achieve the intent and purpose of this
Agreement, then such criteria may be modified by agreement.
5. In the event of failure to reach subsequent agreement required
under Paragraphs 1 and 3, the matter shall be resolved by
binding arbitration conducted by a panel of three technical
experts applying the technical standards established by these
paragraphs and any supplements to this Agreement and
evaluating the data offered by either party for these purposes.
If a subsequent agreement has not been reached within ninety
days (90) after identifying data upon which determinations of
the Zone of Influence and site specific criteria will be based,
then arbitration shall commence on the request of either party.
The Tribe and the Corporation shall each select one panel
member and a third panel member shall be selected by the two
panel members previously selected by the parties. Upon the
failure of the two panel members to select a third, this panel
member shall be appointed by the U.S. District Court for the
Southern District of Florida ("The Court"). All determinations
shall be made by majority vote of the panel members. The
decision of the arbitration panel shall be made in writing at
the time fixed by the panel or ordered by the Court. All
expenses of the panel shall be paid equally by the parties.
Upon application of a party, the Court shall vacate a decision
of the panel that was procured by fraud, corruption or action
which is beyond the powers of the panel. Alternatively, upon
application made within sixty (60) days of a written decision,
the Court may modify or correct a decision when there is an
evident miscalculation of figures or mistake in the
description of any thing or property referred to in the
arbitration decision. Upon confirming or modifying a decision
of the panel, the Court shall enter a judgment which may be
enforced as any other judgment.
6. Any Arbitration decision or subsequent agreements needed to
complete or amend this Agreement shall not affect the
authority of the District to evaluate work plans or permit
applications under provisions of the Compact or state law or
the rights of substantially affected third parties from
participating in District proceedings.
7. This Agreement shall be effective as of the date of execution
hereof and, upon the Compact becoming effective, shall remain
in effect so long as the Compact is in existence. In the event
the Compact is not approved or finally effective or held to be
invalid, this Agreement will remain in effect and the
Corporation and the Tribe shall make their best efforts to
cause this Agreement to be binding and effective, including but
not limited to, making efforts to obtain any required approval
of any government agency or body.
8. The parties agree to share all data in their possession on the
lands located within the Zone of Influence, including but not
limited to, data from test wells. Neither will disclose data
provided to any other private or public person or entity.
DATED this 15th day of May, 1987.
WITNESSES: SEMINOLE TRIBE OF FLORIDA
_______________________________ By:________________________________
James Shore, General Counsel
_______________________________
WITNESSES: UNITED STATES SUGAR CORPORATION
_______________________________ By:________________________________
John B. Boy, President
_______________________________
Agreement Between the Seminole Tribe of Florida
and Lykes Bros., Inc. on Withdrawal of Groundwater
on the Brighton Reservation and the Lykes Bros.'
Land Adjacent and Contiguous Thereto
The parties to this Agreement, the Seminole Tribe of
Florida (the "Tribe") and Lykes Bros., Inc. (the "Corporation"),
made under authority of Part VI, Section A of the Water Rights
Compact among the Seminole Tribe of Florida, the State of
Florida and the South Florida Water Management District, agree
as follows:
1. The determination, as between the parties, of
limitations on groundwater withdrawals on the lands owned by the
parties on May 15, 1987 within the Indian Prairie Basin as
described in Rule 40E 21.691(6)(a) Florida Administrative Code
(1987) shall be based upon the provisions of this Agreement and
on any subsequent agreement between them and not upon rights,
priorities or preferences otherwise available to the Tribe or
the Corporation under the Compact or under State or Federal law,
and neither party shall have standing to object to groundwater
withdrawals made or proposed by the other on such lands,
provided, however, that each party shall be bound by the rules
set forth in section 3 of this Agreement for lands within the
"well placement and set-back zone" defined below.
2. The lands of both parties in the following sections
abutting the common boundary between the Tribe and the Corporation
lands delineated on the map attached hereto, are designated
as the "well placement and setback zone" of groundwater
withdrawals:
Sections 19, 30, 31, Township 38 South, Range
33 East; Sections 24, 25, 34, 35, 36, Township
38 South, Range 32 East; Sections 1, 2,
3, 4, 9, 10, 16, 17, 21, 22, 27, 28, 33 and
34, Township 39 South, Range 32 East; Sections
4, 5, 8, 9, and 16, Township 40 South,
Range 32 East.
3. In the "well placement and setback zone" defined in
Section 2 of this Agreement, the following rules will be observed
in development of groundwater in the Floridan and Shallow
Aquifers:
(a) Floridan Aquifer (greater than 150 feet)
1000 feet set-back from boundary,
no more than 2 wells per quarter section.
(b) Shallow Aquifer (less than 150 feet)
700 feet set-back from boundary,
no more than 4 wells per quarter section.
4. Any wells presently existing in the "well placement
and setback zone" shall be exempt from the limitations imposed
by Section 3 of this Agreement, provided that no new wells may
be added in any quarter section if they would cause the total
new and existing wells to exceed the limit defined in Section 3
in that quarter section. However, the parties agree to use best
efforts to operate all presently existing wells in such manner
as to minimize interference with the groundwater operations of
the other party.
5. Construction of wells shall follow applicable
District requirements, including but not limited to requirements as
to casing.
6. This Agreement shall be retroactively effective as
of May 15, 1987 and, as between the parties, shall have the
force and effect of the Compact.
7. It is understood that this Agreement can have no
force and effect until approved by the Governing Board of the
South Florida Water Management District, adopted by the Seminole
Tribal Council and until the Compact which authorizes it is
finally approved by Congress. The parties agree that the
Agreement must be submitted for approval in the form approved by the
Governing Board on May 15, 1987, and that no change in the
Agreement will be effective unless agreed to by both parties.
This Agreement will be null and void on December 31,
1988 unless it has received all necessary approvals and/or
ratifications by that date.
___________________________
Lykes Bros., Inc.
By: Tom L. Rankin, President
____________________________
Seminole Tribe of Florida
By: James Shore, Esq.
General Counsel
Well placement and set-back zone - SEE HARD COPY
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