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12. COUNTY ATTORNEY – AGREEMENT CONCERNING <br />DELIVERY AND USE OF STORMWATER BETWEEN INDIAN <br />RIVER COUNTY, INDIAN RIVER FARMS WATER <br />CONTROL DISTRICT, AND BLUE HERON ENERGY <br />CENTER, LLC, A WHOLLY OWNED CALPINE <br />CORPORATION SUBSIDIARY <br /> <br />County Attorney Collins advised that this proposal has been some years in the <br />making; the last time the agreement came before the Commission was just before Commissioner <br />Lowther and Vice Chairman Neuberger took office. At that time the Board approved the <br />agreement with minor changes that have been incorporated in the document before them.. Since <br />that time, Calpine has been working on the details with Indian River Farms Water Control District <br />and searching for end users for its power as required by the Public Service Commission. They now <br />need to finalize this water-delivery agreement; the water will cool their power plant. He believed <br />th <br />that all parties would benefit. This agreement will create a stormwater pond at 74 Avenue near <br />the power plant and retain some of the stormwater that might otherwise discharge into the Lagoon. <br />th <br />They will build pipelines down the 74 Avenue canal and road right-of-way to the power plant and <br />will use the stormwater for cooling the power plant. In addition, Calpine has agreed to accept a <br />th <br />portion of the brine from the 20 Avenue reverse osmosis plant. There are also provisions for the <br />delivery of the water. He believed all parties are satisfied and are in agreement with this contract <br />and recommended approval by the Board. He noted that Calpine was scheduled to go before <br />IRFWCD the end of the week. <br />In response to Commissioner Lowther’s questions about the height of stacks and <br />what would happen in the event of a draught, County Attorney Collins could not recall the height <br />of the stacks but whatever was approved 3-4 years ago under the special exception approval would <br />have included that. County Attorney Collins advised that Mr. Gunter (IRFWCD) had given <br />assurances that a draught would not be a problem. <br />August 10, 2004 <br />34 <br /> <br />