Agenda 05/24/2016 Item #16A17 5/24/2016 16.A.17.
EXECUTIVE SUMMARY
Recommendation to review and approve the Fiscal Year 2017 Capital Improvement Plan of the
South Florida Water Management District Big Cypress Basin.
OBJECTIVE: To continue coordination between the South Florida Water Management District Big
Cypress Basin and Collier County Stormwater Management for the operation and maintenance of the
watercourses and water control structures located in Collier County.
CONSIDERATIONS: The first agreement made between Collier County and the South Florida Water
Management District Big Cypress Basin (SFWMD/BCB) that provided a mechanism for assigning
operation and maintenance responsibilities for portions of the canal system and the water control
structures was in February 19, 1991,Agreement C91-2158. Upon its expiration,the same parties entered
into a subsequent agreement on October 13, 2000. This agreement, agreement C-11759, has been
amended four (4) times since 2000 for various purposes including agreement duration extensions and
operation and maintenance responsibility adjustments. This agreement is currently valid until September
30,2024.
Provisions in agreement C-11759 address cooperative and shared system responsibilities including
planning, operation, maintenance, and capital improvements. Section 10 of agreement C-11759 specifies
that SFWMD/BCB capital improvements and capital improvement schedules shall be subject to review
and approval by both the Big Cypress Basin Board (BCB) and the Collier County Board of County
Commissioners (Board).
Attached are the fiscal year 2017 Big Cypress Basin Capital projects including planning budget amounts
and brief project descriptions. A planned two-year primary flood control system remote monitoring and
operation enhancement project is compatible with the County operated secondary system water
management objectives. The new BCB Field Station located on City Gate Drive is the primary control
center and the back-up, off-hour center is located in West Palm Beach. Real-time remote monitoring
communication is provided by SCADA — Supervisory Control And Data Acquisition — technology and
can be monitored and observed by Collier County via a website.
FISCAL IMPACT: The BCB Fiscal Year 2017 Capital Projects Plan is specific to, and/or associated
with, canals and water control structures currently assigned to SFWMD/BCB by the agreement. The plan
has no fiscal impact to Collier County budget appropriations for County operated and maintained canals
and water control structures.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality,and requires majority vote for approval. -JAK
GROWTH MANAGEMENT IMPACT: Planning, operation, maintenance, and capital improvements
of the entire canal system and all associated water control structures throughout Collier County is in
accordance with the goals, objectives, and policies of all applicable sections of the Stormwater
Management and the Conservation and Coastal Management elements of the Growth Management Plan.
RECOMMENDATION: To approve the Fiscal Year 2017 Capital Improvement Plan of the South
Florida Water Management District Big Cypress Basin(SFWMD/BCB).
Prepared By: Gerald N.Kurtz,P.E.,Principal Project Manager,Capital Project Planning,Impact Fees and
Program Management Division,Growth Management Department.
Attachments:
1) Fiscal Year 2017 Capital Improvement Plan of the South Florida Water Management District Big
Cypress Basin
2) Agreement C-11759
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5/24/2016 16.A.17.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.17.
Item Summary: Recommendation to review and approve the Fiscal Year 2017 Capital
Improvement Plan of the South Florida Water Management District Big Cypress Basin.
Meeting Date: 5/24/2016
Prepared By
Name: GosselinLiz
Title: Planner,Capital Project Planning,Impact Fees and Program Management
4/21/2016 1:23:15 PM
Submitted by
Title: Planner,Capital Project Planning,Impact Fees and Program Management
Name: GosselinLiz
4/21/2016 1:23:17 PM
Approved By
Name: KurtzGerald
Title:Project Manager,Principal, Capital Project Planning,Impact Fees and Program Management
Date: 4/22/2016 8:17:39 AM
Name: GossardTravis
Title:Division Director-Road Maintenance,Road Maintenance
Date: 4/22/2016 9:52:16 AM
Name: PuigJudy
Title: Operations Analyst,Operations &Regulatory Management
Date: 4/22/2016 4:46:02 PM
Name: PattersonAmy
Title: Division Director-IF, CPP&PM, Capital Project Planning,Impact Fees and Program
Management
Date:4/25/2016 4:55:56 PM
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5/24/2016 16.A.17.
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date:4/27/2016 10:21:54 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/2/2016 10:25:13 AM
Name: IsacksonMark
Title:Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget
Date: 5/13/2016 8:52:52 AM
Name: CasalanguidaNick
Title:Deputy County Manager, County Managers Office
Date: 5/16/2016 5:19:02 PM
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FY2016/17
F N` � Proposed
EFY.17°BCB Capital Projects:__Funding Project Desc tion
Fall Protection (11 sites) $725,000 Improved structure access, safety platforms, catwalks and
railings added
This project has two elements; 1) a technical assessment
of the level of flood protection offered by the existing
system under existing and future conditions (2065) that
includes a Basin Atlas, model existing flood protection,
BCB Level of Service assess the impact of future development and the effect of
Assessment Phase 2 $212,500 sea level rise; and 2) a strategic basin study that identifies
and prioritizes short-comings in the current level of flood
protections, identifies specific structures, canals and
structure operations needing upgrading, determining short-
comings in canal cross-section data and flow data, as well
as, addressing sea level rise issues.
Scouring / Slab Repair $800,000 Scour repairs to Golden Gate #1 Coco 2 and Coco3
Replacement for SCADA equipment that has reached end
'ADA Replacements $488,700 of life and in need of re-installment for on-going monitoring
of flood control system
This is a two-year project to establish communications
with the Control Center in West Palm Beach to provide
monitoring and operation of the primary flood control
system during off-hours. In FY17, Phase 2 of this project
will complete the communications backup for the sites by
Remote Monitoring and Control $323,200
adding needed poles, antenae, generators etc. Phase 1
($182,200) is beginning this summer and will be
completed end of this year.(COCO1, COCO2, COCO3,
FU4S, FU5, GG1, GG2, GG3, and HC1) to be monitored
and gates opened and closed from District Headquarters
in West Palm Beach during off hours. Total Project Cost=
$505,400
The existing structure is part of original system and is in
need of upgrage and replacement to improve operational
Golden Gate Weir#4 function and flexibility of the flood control system. This is
Replacement - $200,000 a multi-year project from FY16-19. FY16 = $450,000 for
design and permitting; FY 17 = $200,000 to complete
design and permitting; FY18 - 19 $3M for construction.
Total Project cost = $3.47M
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Cork 1 & 2 and CR951 1 & 2 $600,000 Electrification of these structures will improve the
Electrification operation of these gates reducing staff and response time. Nvi,,
Convert 74 sites from NGVD 29 to NAVD 88. Install NAVD
NAVD88 Conversion $282,000 staff gauges calibrate sites, and update databases,
hydrology models, water regulation schedules
Design, permit and construct a new weir on the Curry
Canal south of Immokalee Road which will assist with
protecting ground water during the dry season for the
Curry Culvert Gate Retrofit- upper part of the basin's watershed. Due to the
Design and Permitting $500,000 importance of this project, design will be done in house to
accomodate a tighter project timeline. which should begin
later this summer and continue into FY17 with permitting
and construction starting late in the fiscal year.
Construction will be completed in FY18.
Total $4,131,400
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tlI INAL
C-11759
COOPERATIVE AGREEMENT
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
ON BEHALF OF THE BIG CYPRESS BASIN
AND
COLLIER COUNTY,FLORIDA
THIS COOPERATIVE AGRRFMT,("AGREEMENT"), made and entered into this
L3'" day of O Va2tJ J , ?000 .by and between "the Parties," the South Florida
Water Management District a public corporaricsn of the State of Florida, ("the DISTRICT") on
behalf of the Big Cypress Basin and Coal= County, a political subdivision of the State of
Florida, ("the COUNTY").
Wfl ESSETH:
THAT WHEREAS, the DISTRICT is an independent taxing authority, created by the
Florida Legislature and given those powers and responsibilities enumerated in Chapter 373,
Florida Statutes; and
WHEREAS, it is the desire and the intent of the parties that the DISTRICT continue to
assume the responsibility, first agreed to ®der Agreement C91-2158 dated February 19, 1991,
for the control, operation and maintenance of designated primary watercourses which have a
significant impact upon the water resources in the DISTRICT and Collier County, Florida; and
WHEREAS, for the purpose of mail-itching the DISTRICT as such control agency, it is
necessary that certain watercourses as defined in §§373.019, and 373.086 F.S., be declared
"Works of the Basin" and "Works of the Disaict";and
WHEREAS, the DISTRICT has aid as "Works of the Basin" the watercourses
listed on Exhibit "A" and depicted on Exhibit "B," both of which are attached to this
AGREEMENT, and it is acknowledged tsar the above constitute only a part of all of the
existing watercourses in Collier County,Florida;and
WHEREAS, the Big Cypress Basin Board has the statutory authority through
§373.0695(3), Florida Statutes to declare and adopt additional watercourses as "Works of the
Basin" and has approved entering into this AGREEMENT on May 28, 1999; and
WHEREAS, the DISTRICT and COUNTY have agreed that the responsibility for
planning, operation, maintenance and capim.i improvements of the primary watercourses listed
on Exhibit "A" and of any additional ware--r:s that may be adopted in the future as "Works
Contract C-11759.Paoe 1 of 7
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of the Basin" and "Works of the District" shall lie with the DISTRICT, while the responsibility
for planning, operation, maintenance and capital improvements of all other watercourses known
as secondary watercourses shall lie with the COUNTY; and
WHEREAS, the Governing Board of the DISTRICT has approved entering into this
AGREMENT at its May 11, 2000 Governing Board meeting;
NOW, THEREFORE, in consideration of the benefits flowing from each to the other, the
DISTRICT on behalf of the Big Cypress Basin and the COUNTY agree as follows:
1. The purpose of this AGREEMENT is to provide a mechanism for continuation of the
parties' responsibilities and obligations regarding operation and maintenance of watercourses
and water control structures delineated in Agreement No. C91-2158 dated February 19, 1991
when Agreement No. C91-2158 expires on February 28, 2001. Accordingly, unless extended or
earlier terminated, this AGREEMENT shall commence on February 28, 2001 and continue for a
period of ten (10) years to February. 28, 2011, and may be renewed upon mutual agreement of
the parties. Notice of intent to renew or not to renew shall be delivered to the other party in
writing between February 28, 2009 and May 31, 2009. In the event that the parties cannot
mutually agree to an extended renewal period, this AGREEMENT shall lapse and terminate on
its own accord on February 28, 2011. Hereafter the DISTRICT shall continue to be the public
agency in Collier County, Florida, responsible for the control, operation and maintenance of the
watercourses listed in Exhibit "A", and depicted on Exhibit "B," both of which are attached
hereto and made a part of this AGREEMENT.
2. The Project Managers for the DISTRICT and for the COUNTY are as follows:
DISTRICT COUNTY
Name: Clarence Tears or John Boldt or Current
Current Director, Big Cypress Basin Stormwater Management Director
Street: 6089 Janes Lane Collier County Gov't Complex
3301 Tamiami Trail East
City: Naples Naples
State: Florida Florida
Zip: 34109 34112
Tel: 941-597-1505 941-732-2501
The parties shall direct all matters arising in connection with the performance of this
AGREEMENT to the attention of the Project Managers for attempted resolution or action. The
Project Managers shall be responsible for overall coordination and oversight relating to the
performance of this AGREEMENT.
3. All notices to the COUNTY under this AGREEMENT shall be in writing and sent by
certified mail to the Public Works Director, or his designee. All notices to the DISTRICT under
this AGREEMENT shall be in writing and sent by certified mail to:
Contract C-11759,Page 2 of 7
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•
•
South Florida Water Management District
Attn: Procurement Division
P. 0.Bo x 34680
West Palm Bee ,FL 33416-4680
The COUNTY shall also provide a copy of all notices to the DISTRICT's Project Manager. All
notices required by this AGREEMENT draii be considered delivered upon receipt. Should
either party change its address or designated Project Managers, immediate written notice of the
new address and/or Project Manager shall be sent to the other party.
4. The COUNTY shall continue to resnise, release and relinquish all rights and
responsibilities over the said watercourses with respects to control, operation and maintenance to
the extent necessary for the DISTRICT to excise those water management functions set forth
under this AGREEMENT.
5. The COUNTY, to the extent of its authority, shall provide to the DISTRICT water
management easements for such purposes as are necessary to operate and maintain the
watercourses described in this AGREEMENT and shall also provide maintenance easements
adjacent to any subdivision proposed pursuant to the execution of this AGREEMENT. Such
maintenance easements shall run for the duration of this AGREEMENT and shall revert to the
COUNTY in the event of the termination of this AGREEMENT. In the event of termination of
this AGREEMENT, the DISTRICT shall provide notice, in writing, including such documents
as may be recorded in the Public Record, of the effective date of such reversion. The COUNTY
shall notify the DISTRICT of any proposed subdivision adjacent to or including any of the
watercourses listed in Exhibit "A." Such easemea6 shall be approved by the DISTRICT, within
thirty (30)days,prior to the COUNTY's approval of the subdivision plats.
6. Nothing in this AGREEMENT shall obligate the DISTRICT to control, operate or
maintain any watercourse for which the COUNTY has not previously furnished to the
DISTRICT an acceptable easement unless the DISTRICT has separately obtained an easement
for the watercourse.
7. The DISTRICT shall have the authority to acquire additional easements as deemed
necessary for operations, maintenance and/or suction of capital improvement projects. Any
such acquirements shall be recorded in the Public Records of Collier County.
8. Subject to Governing Board budgetary approval as specified in paragraph 15, the
DISTRICT shall fund and develop a regional w ershed management plan and individual basin
• plans for the primary watercourses, and imps the capital improvements recommended in
such plans designed to provide the levels of sm.v. for flood protection, water quality, water
supply, and environmental quality targeted in the COUNTY's Growth Management Plan. If the
targeted levels of service cannot be attained in an economically feasible and environmentally
sound manner, the Basin Study will recomm a:xvised level of service that may be attained in
an economically feasible and environmentally. sound manner for inclusion in the COUNTY's
Growth Management Plan.
Contract C-11759.Parc 3 of 7
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9. • The COUNTY shall fund detailed studies of the secondary watercourses and their
respective basins throughout Collier County and implement capital improvements/modifications
recommended by such studies. The COUNTY and DISTRICT shall cooperate in the
development of these studies funded by the COUNTY with DISTRICT staff assistance in:
A) Preparation of the Scope of Study.
B) Input on consideration of alternatives developed for improvements and remedial
measures.
C) Input during drafting of the Basin Study for prioritization and implementation of
recommended projects.
D) Input on how the individual Basin Studies interact.
The COUNTY shall reserve the right to request partial funding from the.Big Cypress Basin
Board for support in such Basin Studies of secondary watercourses.
10. The Big Cypress Basin Watershed Management PIan and such subsequent plans shall be
subject to review and approval by both the DISTRICT, through the Big Cypress Basin Board,
and COUNTY, through the Collier County Board of County Commissioners, prior to
implementation of:
•Level of Service Recommendations
• Capital Improvements and Capital Improvements Schedules
• Operation and Maintenance Enhancement Proposals.
11. The DISTRICT and COUNTY may cooperate to obtain and utilize alternative funding
methods to accomplish the above improvements on a case by case basis.
12. It is the intent of the DISTRICT to use its best efforts to operate the various
watercourses and water level control structures to meet the water management needs of the
region as a whole. The DISTRICT shall operate the structures and watercourses dependent on
antecedent and forecasted climatological conditions to maximize reasonable and beneficial use
of the resource and balance the needs of flood control, water supply and environmental concerns.
The DISTRICT and COUNTY may confer on alternative operational actions for
DISTRICT/BASIN or COUNTY water level control structures.
13. It is the intent of the DISTRICT and the COUNTY that the DISTRICT shall maintain
those watercourses and water level control structures to the level of service existing at the time of
adoption as "Works" as of the dates specified under Agreement C91-2158 and subsequent
amendments thereto. Further capital improvement responsibilities are outlined in Paragraphs 8
and 9 of this AGREEMENT.
14_ Notwithstanding any provisions of this AGREEMENT to the contrary, the parties shall
not be held liable if failure or delay in the performance of this AGREEMENT arises from fires,
floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war,
restraint of Government,riots, civil commotion, force majeure, act of God, or for any other cause
of the same character which is unavoidable through the exercise of due care and beyond the
L.outiol of the parties.
Contract C-1»Go n.,..e 4 ..c 1
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15. In general,maintenance to the Works of the Basin includes but is not limited to:
• Water Level Control Structure Maint
• Aquatic Plant Control
• Maintenance Shoal Removal
• Removal of Flow Obstructions
• Canal Bank Maintenance if operation cite system is impaired.
16. This AGREEMENT is contingent upon the DISTRICT's funding and budget approval
by the DISTRICT for the adoption and maintenance of the watercourses listed in Exhibit "A"
and depicted on Exhibit "B" both of which are attached and made a part of this AGREEMENT,
as well as any other watercourses added thereto by the DISTRICT. The failure of either party to
obtain sufficient funding to cover its respective obligations pursuant to the terms of this
AGREEMENT will be a cause for either party to terminate this AGREEMENT for
convenience. In such event this AGREEMENT may be terminated by either party by providing
the other party with thirty (30) days advance written notice. In such event, both parties shall be
relieved of any and all future obligations under this AGREEMENT as of the effective date of
termination,including but not limited to, lost revenues and consequential damages.
17. In the event of termination of this AGREEMENT, the control, operation and
maintenance of the watercourses and structures amassed herein shall revert to the COUNTY
within Eighty(80)calendar days of termination.
18. In the event of emergency operations, the DISTRICT and COUNTY may coordinate
their available resources and cooperate to address the existing situation(s).
19. The DISTRICT and COUNTY may at their mutual discretion enter into future
Cooperative Agreements, as they deem appropriate_
20. The parties hereto acknowledge that they are self-insured public entities.
21. To the extent permitted by Florida law, the COUNTY shall assume any and all risks of
personal injury, bodily injury and property damage attributable to the negligent acts or omissions
of the COUNTY and the officers, employees,servants,and agents thereof.
22. To the extent permitted by Florida law, the DISTRICT shall assume any and all risks of
personal injury, bodily injury and property damage atobutable to the negligent acts or omissions
of the DISTRICT and the officers, employees,servants,and agents thereof.
23. The COUNTY and the DISTRICT further a that nothing contained herein shall be
construed or interpreted as (1) denying to either parry any remedy or defense available to such
party under the laws of the State of Florida; (2) tine =sent of the State of Florida or its agents
and agencies to be sued; or(3) a waiver of sovereign immunity of the State of Florida beyond the
waiver provided in Section 768.28,Florida Statures
24. This AGREEMENT may be amended only wail the written approval of the parties.
Contract('-1 1'7SQ Pwn ..F—
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25. The parties shall allow public access to all project documents and materials in accordance
with the provisions of Chapter 119,Florida Statutes.
26.. The laws of the State of Florida shall govern all aspects of this AGREEMENT. In the
event it is necessary for either party to initiate legal action regarding this AGREEMENT, venue
chall be in the Fifteenth Judicial Circuit for claims under state law, and the Southern District of
Florida for any claims which are justiciable in federal court.
27. By execution of this AGREEMENT, neither the COUNTY,nor the DISTRICT are
assuming any liabilities or duties whatsoever, of the other, which may then exist or have
previously accrued to any third party,including,but not limited to, personal injury, property
damage, inverse condemnation,etc., resulting from either party's ownership,operation or control
over such watercourses, water control facilities,and related works, prior to the date of adoption
or release of same as "Works of the District" and "Works of the Basin."
28_ This AGREEMENT states the entire understanding between the parties and supersedes
any written or oral representations, statements, negotiations, or agreements to the contrary. The
parties recognize that any representations, statements or negotiations made by DISTRICT or
COUNTY staff do not suffice to legally bind the parties in a contractual relationship unless they
have been reduced to writing,authorized, and signed by authorized representatives of the parties.
This AGREEMENT shall bind the parties, their assigns, and successors in interest.
Contract r-1 1754 PnvP F of 7
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•
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day,
month and year first above written.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING BOARD
By: G -,�
-Mai '- s.Merz,Ae4ingDiFoc-tor-0 oouEomont-
CLEMENT BIDER, PROCUREMENT DIRECTOR
SFWMDO' •P 0 a EL • PROVED:
ISM
AK/1
D• : 5. 0
SFWMD PROCUREMENT APPROVED:
BY: i lQ
DATE: 61,14W
COLLIER COUNTY,FLORIDA,BY ITS
BOARD OF COMMISSIONERS
r
Approved as to form
. .!
By
an e al sufficiency / lJ urperson
ATTEST
ATTEST: DWIGHTaBROCK,CLERK
ou ttorney y
.
Atter as to Chairman's
slgaa only•
Contract C-1 1759_Pa OP 7 of
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EXHIBIT "A"
WORKS OF THE DISTRICTBASIN
CANALS MILES STRUCTURES
Golden Gate Main Canal 27.25 6
I-75 Canal 7.0.0 3
Airport Road Canal 7.25 2
Faka Union Canal 29.50 • 7
Miller Canal 18.75
Cypress Canal 8.00 1
Merritt Canal 12.00 2
Prairie Canal 10.00 1
Henderson Creek Canal 6.75 1
Cocohatchee Canal 11.95 3
S.R. 29 Canal .00 10
Corkscrew Canal and Side Branches 6.20 0
Golden Gate Side Branch 2.00 1
Orangetree Canal 2.15 0
Curry Canal 2.00 0
Green Canal 3.00 0
• C.R. 951 Canal 7.20 0
C-I Connector Canal 2.00 0
Total 163.00 Miles 40 Structures
Page 1 of 3, Exhibit "A"
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1-- — 5/24/2016 16.A.17.
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SUMMARY OF DRAINAGE STRUCTURES
NUMBER OF
CANALS STRUCTURES STRUCTURE NAMES
Golden Gate Main Canal 6 GG-1
GG-2
GG-3
GG-4
GG-5
Golden Gate Main Canal GG-7
1 GG-7
Side Branch •
1-*-- I-75 Canal 3 i I-75-1
I-75-2
Airport Road Canal I-75-3
2 ARN
•
Faka Union Canal ARS
7 FU-1
FU-2
FU-3
FU-4
FU-5
FU-6
1 Miller Canal FU-7
3 MILLER # 1
MILLER # 2
Cypress Canal MILLER#3
1 CYP 1
Merritt Canal 2 MER-1
Prairie Canal LUCK YLAKE
1 PRA-1
Henderson Creek Canal 1 HEN-1
1 Cocohatchee Canal 3 i COCO-1
COCO-2
COCO-3
1 S.R. 29 Canal 10 SR29-1
SR29-2
SR29-3
SR29-4
SR29-5
SR29-6
SR29-6A
SR29-6B
SR29-7
TOTAL SR29-8
1 40
Page 3 of 3, Exhibit "A"
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BIS., CYPRESS BASIN 5/24/2016 16.A.17.
CANALS Ar D WATER CON'TRO�. STRUu TURES
1
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Y M. W. SR29-7
= 1! t( SR29-68
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'ER CONTROL STRUCTURE , li01—
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.MARY CANAL •--••-•--•._ ''"
t. -10 Alva"1
AMM BY: W. T. HOWARD
DWA Packet Page 475 r