AGENDA ITEM D4. T:\Board Folders\Board Agenda\Science and Technology\D4 Big Fish Lake Augmentation Agreement

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1 AGENDA ITEM D4 DATE: December 1, 2015 TO: Matt Jordan, General Manager FROM: Alison Adams, Chief Technical Officer SUBJECT: Lake Augmentation Agreement with the Barthle Brothers Ranch, LLC Approve SUMMARY: Tampa Bay Water and the Barthle Brothers Ranch, LLC are co-permittees on Water Use Permit (WUP) # , issued for the augmentation of Big Fish Lake. The Lake Augmentation Agreement defines the responsibilities of each party regarding well construction, power supply, data collection, WUP compliance reporting, operation, and maintenance of the augmentation wells. Environmental augmentation of this lake is a requirement of the Consolidated Wellfield water use permit. RECOMMENDATION: Approve the Lake Augmentation Agreement with the Barthle Brothers Ranch, LLC. COST/FUNDING SOURCE: The construction funds (approximately $250,000) are included in the approved FY 2016 Budget- uniform rate. Future operation and maintenance costs (estimated to be $50,000 to $60,000 annually) will be included in the annual budget requests for Board review. DISCUSSION: Big Fish Lake is located in north-central Pasco County and has ranged in size from over 250 acres during wet-weather periods to only a few acres or completely dry during severe drought periods. Big Fish Lake has been impacted by Tampa Bay Water s historic pumpage from the nearby Cypress Creek and Cross Bar Ranch Wellfields and has been identified in the Consolidated Wellfield Phase I mitigation plan as a site unlikely to recover due to reductions in groundwater production. The Southwest Florida Water Management District (District) has now established minimum levels for Big Fish Lake. The installation and operation of this augmentation well is necessary to ensure the lake achieves its minimum water levels. The recovery of the lake will be assessed through the Consolidated Permit Recovery Assessment Plan to determine the degree of potential impact to the lake from the current level of pumpage from the wellfields. At the December 2014 meeting, the Tampa Bay Water Board authorized the submittal of a joint Water Use Permit (WUP) application with Barthle Brothers Ranch, LLC for an increased augmentation quantity for Big Fish Lake. This WUP, approved by the District in T:\Board Folders\Board Agenda\Science and Technology\D4 Big Fish Lake Augmentation Agreement

2 Matt Jordan December 1, 2015 Page 2 June of 2015, included conditions for installation of a new augmentation well that can supply additional quantities which will assist Big Fish Lake in meeting the established Minimum Level. The WUP expires in The Lake Augmentation Agreement defines the responsibilities of Tampa Bay Water and the Barthle Brothers Ranch, LLC, regarding well construction, power supply, permit required data collection and reporting, operation, and maintenance of the augmentation wells identified in the joint WUP # Staff estimates that the cost of construction of the new well, discharge appurtenances and installation of three-phase electrical service to the current and new wells will be approximately $250,000. The annual operation and maintenance costs for the two augmentation wells are estimated to be $50,000 - $60,000. The Lake Augmentation Agreement will run concurrently with the augmentation water use permit and has an expiration date of September 30, The attached Lake Augmentation Agreement has been approved as to form by Tampa Bay Water s General Counsel. Staff recommends Board approval of the attached Lake Augmentation Agreement between the Barthle Brothers, LLC and Tampa Bay Water. BACKGROUND: Big Fish Lake is a shallow wet prairie/marsh/lake system located approximately 2.5 miles east of the Cross Bar Ranch Wellfield on land owned and managed by the Barthle Brothers Ranch, LLC. In the past, Big Fish Lake has ranged in size from over 250 acres during wet-weather periods to only a few acres or completely dry during severe drought periods. Lake levels have been influenced by Tampa Bay Water s wellfield production. In December of 1999, Tampa Bay Water received a complaint from representatives of the Barthle Brothers Ranch regarding the malfunction of a well on their property. Investigation of the complaint indicated that the well was eligible for mitigation by Tampa Bay Water. As mitigation for this well and for Tampa Bay Water s wellfield production impacts to Big Fish Lake, a single well was constructed near Big Fish Lake that was capable of producing the average annual quantity of their Water Use Permit. An Agreement was developed, approved and executed by the Tampa Bay Water Board on April 10, 2000, to facilitate this installation. Construction of the first Big Fish Lake augmentation well was completed in May Pumping from the well was conducted under a SWFWMD Water Use Permit issued to the Barthle Brothers Ranch, Inc., which authorized up to 310,000 gallons per day on an annual average basis and up to 500,000 gallons per day on a peak month basis. This augmentation has preserved a 30 to 40-acre pool of water but the lake has not recovered to its Minimum Level on a long-term basis. In the spring of 2001, as part of the development of the Phase 1 Mitigation Plan, a sitespecific recovery analysis was undertaken by Tampa Bay Water to further assess the probable future water level recovery at Big Fish Lake following the mandated pumpage reductions from the Consolidated Permit wellfields. This evaluation, based on site-specific

3 Matt Jordan December 1, 2015 Page 3 data, concluded that water levels at Big Fish Lake are not anticipated to fully recover after the wellfield cutbacks were implemented in 2008 and this lake should be considered as a target site for Tampa Bay Water mitigation activities under the Phase 1 Mitigation Plan. The assessment of success will be updated through the current Consolidated Permit Recovery Assessment Plan. Augmentation quantities from an existing lake augmentation well that Tampa Bay Water installed in 2000 at Big Fish Lake has maintained an approximate 30- to 40-acre pool that provides valuable wildlife habitat and refuge in this area. Augmentation with groundwater has been successful at this location in maintaining wildlife habitat and refuge that could have otherwise been lost, however; the permitted augmentation quantity has not been sufficient to meet the SWFWMD-established Minimum Level for this lake. Attachment

4 LAKE AUGMENTATION AGREEMENT THIS LAKE AUGMENTATION AGREEMENT is made and entered into this day of, 2015, by and between TAMPA BAY WATER, A Regional Water Supply Authority, an interlocal governmental entity created and existing pursuant to Sections , and , Florida Statutes, acting by and through its Board of Directors, the governing board thereof (TAMPA BAY WATER), and Barthle Brothers Ranch, LLC, (BARTHLE BROTHERS), a limited liability company in the State of Florida. WHEREAS, TAMPA BAY WATER and BARTHLE BROTHERS have previously completed lake augmentation activities that included reimbursement by TAMPA BAY WATER to the BARTHLE BROTHERS for the installation of a well which the Parties currently and historically have used to augment Big Fish Lake; and WHEREAS, TAMPA BAY WATER and BARTHLE BROTHERS have recently received, as co-permittees, Water Use Permit (WUP) No which permits additional withdrawal quantities from a second augmentation well, yet to be constructed, to augment Big Fish Lake; and WHEREAS, TAMPA BAY WATER and BARTHLE BROTHERS desire to enter into a LAKE AUGMENTATION AGREEMENT which identifies each Party s responsibilities and obligations with respect to the construction, installation, use, maintenance and reporting functions associated with the augmentation facilities for Big Fish Lake. NOW THEREFORE, in consideration of the premises set forth above and the agreements set forth below, which each Party acknowledges and agrees is good and valuable consideration and receipt of which is hereby acknowledged by each of the Parties, the Parties agree as follows: 1. TAMPA BAY WATER shall fund and manage the construction and equipping of the newly permitted augmentation well for the augmentation of Big Fish Lake, identified as District ID No. 2 (DID 2), in permit number , and appurtenances necessary to discharge the augmentation water into Big Fish Lake. 2. TAMPA BAY WATER shall fund the installation of infrastructure to provide three-phase power for the augmentation wells, DID s 1 and 2, in permit number TAMPA BAY WATER shall fund the actual and verified cost of electricity to operate the augmentation wells, DID s 1 and 2, for the augmentation of Big Fish Lake identified in permit number

5 4. TAMPA BAY WATER shall be responsible for all compliance, reporting, and renewal as necessary, of water use permit BARTHLE BROTHERS shall allow TAMPA BAY WATER and its agents access to the BARTHLE BROTHERS Ranch property for the construction and equipping of augmentation well DID 2, for collection of field data necessary for compliance and reporting requirements of WUP and for any other purpose related to TAMPA BAY WATER s role as co-permittee of WUP In entering on the BARTHLE BROTHERS Ranch property, TAMPA BAY WATER and its agents shall be responsible for all claims, damages, losses, and expenses arising from any willful or negligent acts of TAMPA BAY WATER or its agents, within the scope and limits of Section , Florida Statutes. 6. BARTHLE BROTHERS shall indemnify TAMPA BAY WATER and its agents for all claims, damages, losses, and expenses arising from the negligent or willful acts of BARTHLE BROTHERS, or from dangerous conditions existing on the BARTHLE BROTHERS Ranch property which are known or reasonably should be known to BARTHLE BROTHERS and are not disclosed to TAMPA BAY WATER or its agents. 7. BARTHLE BROTHERS shall be responsible for arranging service calls necessary to keep the augmentation wells, discharge appurtenances, and power lines in service. Reasonable costs, as determined by TAMPA BAY WATER, incurred by the BARTHLE BROTHERS relating to BARTLE BROTHERS operation and maintenance of the two augmentation wells listed in WUP (DID s 1 and 2) shall be an expense reimbursable by TAMPA BAY WATER through September 30, BARTHLE BROTHERS shall submit detailed invoices for these expenses to TAMPA BAY WATER in accordance with paragraph 14 for review and approval on a quarterly basis. Extraordinary expenses in excess of $5,000 for pump and Motor repairs etc, will be submitted to TAMPA BAY WATER for preapproval. TAMPA BAY WATER will reimburse pre-approved extraordinary expenses upon receipt of a detailed invoice. 8 BARTHLE BROTHERS shall be responsible for day-to-day manual operation of the augmentation wells, ensuring compliance with permitted conditions and quantities authorized by WUP BARTHLE BROTHERS specifically acknowledges that it is their responsibility to maintain the augmentation wells, discharge appurtenances, and power lines in good working order in accordance with all requirements and specifications of the manufacturer. BARTHLE BROTHERS releases TAMPA BAY WATER from any responsibility for any claims, damages, losses and expenses resulting from BARTHLE BROTHERS failure to maintain the augmentation wells, discharge appurtenances, and power lines in accordance with all manufacturer requirements and specifications. 9. TAMPA BAY WATER shall be responsible for reimbursement for annual weed control applications to offset the effects of invasive weed growth due to years of low water levels and the use of groundwater for lake augmentation. Weed control shall be performed in accordance with Best Management Practices for aquatic weed control, with the intent of returning the lake to its natural condition.

6 10. The Release and Waiver entered into by the Parties on April 10, 2000, and any amendments thereto, is hereby terminated and replaced entirely by this LAKE AUGMENTATION AGREEMENT. 11. Nothing herein effects the BARTHLE BROTHERS right or entitlement to mitigation by TAMPA BAY WATER under the Ranch Operators Assistance Program in accordance with Rule 49B-3.006, Florida Administrative Code. 12. This LAKE AUGMENTATION AGREEMENT shall expire on September 30, 2025, unless extended by mutual agreement under terms satisfactory to both the Parties prior to that date. 13. The undersigned representative of BARTHLE BROTHERS represents and warrants that he/she is the authorized representative of the permittee on permit number and is fully empowered and authorized to execute this LAKE AUGMENTATION AGREEMENT on behalf of said permittee. 14. Any notice required or authorized pursuant to this LAKE AUGMENTATION AGREEMENT shall be sent to the Parties as follows: If to TAMPA BAY WATER: Terrence Thomas, P.G. Tampa Bay Water 2575 Enterprise Road Clearwater, Florida If to BARTHLE BROTHERS: Mark Barthle Barthle Brothers Ranch, LLC P.O. Box 6 San Antonio, FL [REMAINDER OF PAGE INTENTIONALY LEFT BLANK]

7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly qualified representatives. WITNESSES: BARTHLE BROTHERS RANCH, LLC Signature Print Name Signature By: Its: Date: Print Name ATTEST: TAMPA BAY WATER, A Regional Water Supply Authority Mathew Jordan, General Manager By: Its: Date: (SEAL) APPROVED AS TO FORM: Barrie S. Buenaventura, General Counsel