STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: PAT NATHE GROVES, INC., ) CONSUMPTIVE USE PERMIT APPLICATION, )

NO. 7500019, SOUTHWEST FLORIDA WATER ) CASE NO. 75-546 MANAGEMENT DISTRICT, )

)

RECOMMENDED ORDER

After due notice, an administrative hearing was held before Chris H. Bentley, Heading Officer, Division of Administrative Hearings, on May 19, 1975, at the District Headquarters, Southwest Florida Water Management District, Brooksville, Florida.

APPEARANCES

Mr. Jay T. Ahern, Esquire, Southwest Florida Water Management District.

Mr. James P. Nathe, Pat Nathe Groves, Inc. (President)

FINDINGS OF FACT

1. Mr. George Szell was presented by the Southwest Florida Water Management District and sworn as a witness. Mr. Szell, was qualified and accepted as an expert hydrogeologist employed by the District. Included within Mr. Szell's responsibilities to the District were evaluation of the subject application. An application for Consumptive water use permit has been filed in proper form by Pat Nathe Groves, Inc., and admitted into evidence as Exhibit A. The water source is an existing well located on a 40-acre tract of land in Pasco County within the Withlacoochee Basin. Proper notice has been given to all persons entitled thereto by statute and rule. No objections to the application have been received by the District. The maximum daily withdrawal sought is 720,000 gallons and the average daily withdrawal sought is 59,178 gallons. A request for an average daily withdrawal of 59,178 gallons exceeds the water crop of the subject lands as defined by Section 16J-2.11(3), F.A.C. The requested consumption is 114.1 percent of the appropriate water crop. The maximum average daily withdrawal available to the applicant, which is ire compliance with the water crop of the subject lands, is 35,500 gallons. Pursuant to Mr. Szell's testimony, none of the matters set forth in Subsection 16J-2.11(2), and (4), F.A.C., exist so as to require the denial of this permit.

   
   

   CONCLUSIONS OF LAW

   
   

2. The procedural requirements of Chapter 373, Florida Statutes, and the rules promulgated pursuant thereto, have been complied with as they pertain to this application. The requirements for issuance of a permit set forth in section 16J-2.11(3), F.A.C., have not been met.

RECOMMENDATION

It is recommended that Application No. 7500019, submitted by Pat Nathe Groves, Inc., Route 2, Box, 132, Dade City, Florida 33525, for a consumptive water use permit be denied.

Entered this 28th day of July, 1975, in Tallahassee, Florida.

CHRIS H. BENTLEY, Director

Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Jay T. Ahern, Esquire Staff Attorney Southwest Florida Water

Management District

P. 0. Box 457

Brooksville, Florida 33501

James P. Nathe

Pat Nathe Groves, Inc. Route 2, Box 132

Dade City, Florida 33525

Docket for Case No: 75-000546

Orders for Case No: 75-000546