STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: ADAMS GROVE, INC. )

CONSUMPTIVE USE PERMIT ) CASE NO. 75-1577 APPLICATION NO. 7500097 )

)

RECOMMENDED ORDER

After due notice a public hearing was held before Delphene C. Strickland, Hearing Officer, Department of Administration, Division of Administrative Hearings, on September 3, 1975, in Brooksville, Florida, in the Board Room, District Headquarters, Southwest Florida Water Management District U.S. 41 South, Hernando County, Florida.

APPEARANCES

For Permitee: Jay T. Ahern, Esquire

Barbara Boatwright, Hydrologist

For Applicant: Calvin Ellis

Grove Production Managers ISSUE

Whether a consumptive-use permit for the quantities of water as applied for should be granted.

FINDINGS OF FACT

1. Application No. 7500097 requested water from the Florida Acquifer from three withdrawal points for the total contiguous acreage of 1,014. The application is for the purpose of irrigation and is for an existing use.

   
   

2. The center of withdrawal will be located at Latitude 27 degrees 44' 31" North, Longitude 81 degrees 42' 03" West in Polk County, Florida. The use is for not more than 633,000,000 gallons of water per year and not more than 357,840 gallons of water during any single day.

   
   

3. Notice was published in a newspaper of general circulation, to-wit: The Ledger, published daily in Lakeland, Florida, on August 9 and 16, 1975, pursuant to Section 373.146, Florida Statutes. Notices of said public hearing were duly sent by certified mail as required by law.

   
   

4. Application and map of the premises, the legal description, the receipt of certified mail, copy of notice, and the affidavit of publication were received without objection and entered into evidence.

   
   

5. No letters of objection were received.

   
   

6. The witness for the applicant was sworn and requested that the conditions as to metering and sending monthly reports be waived for the reason that the use of the water was for irrigational purposes.

7. The witness for the permittee was duly sworn and agreement was reached on each point enumerated as required by Rule 16J-2.11, Rules of the Southwest Florida Water Management District and Chapter 373, Florida Statutes.

   
   

8. The staff employed by the permittee recommended that the application be granted with the condition that the applicant send monthly reports and have each of the wells metered.

   
   

9. Subsequent to the hearing, a letter was received from the permittee requesting that the recommendation of the staff be amended to delete the reference to the conditions of metering and monthly readings submitted to the District and recommended that the permit be granted without conditions.

   
   

   CONCLUSIONS OF LAW

   
   

10. The parties have properly proceeded under Chapter 371, Florida Statutes, and the rules promulgated pursuant thereto. The testimony heard and documentary evidence received permit the Governing Board of the Southwest Florida Water Management District to grant the application for a consumptive-use permit. Chapter 16J-2.11(9), F.A.C., permits that a recommendation to grant a consumptive-use permit may be made without the requirements of metering and monthly readings if the use is for irrigation purposes.

RECOMMENDED ORDER

Grant the requested consumptive-use permit as requested. November 24, 1975.

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Jay T. Ahern, Esquire Staff Attorney Southwest Florida Water

Management District Post Office Box 457

Brooksville, Florida 33512

Adams Groves, Inc.

Post Office Box 37

Auburndale, Florida 33823

Docket for Case No: 75-001577

Orders for Case No: 75-001577