STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: APPLICATION NUMBER 25642 ) BY ROBERT E. LEE, FOR A )

WATER USE PERMIT - ) CASE NO. 75-1915 DOCKET NO. 62. )

)

RECOMMENDED ORDER

Pursuant to proper notice, an administrative hearing was held before Charles C. Adams, Hearing Officer, Division of Administrative Hearings, on October 8, 1975, at 65 East Central Avenue, Orlando, Florida, Room 327.

APPEARANCES

Applicant: Mr. Robert E. Lee

819 Geneva Drive

Oviedo, Florida 32765

Permittee: John Wheeler, Esquire

Attorney for the Central

and Southern Florida Flood Control District Post Office Box V

West Palm Beach, Florida

FINDINGS OF FACT

1. The subject application requests a permit from the Central and Southern Florida Flood Control District for the agricultural irrigation of 640 acres of grass-clover mixture, of which approximately 320 are planted annually to small grains and annual rye grass. The public notice of hearing appearing in The Orlando Sentinel Star, Orlando, Florida, and The Evening Herald, Sanford, Florida, which noticed the permit application submitted on behalf of Robert E. Lee, were received into evidence without objection. (A copy of The Orlando Sentinel Star exhibit, public notice of hearing, is attached to this report, because the original of the exhibit is contained with the report on docket no. 61, application 21423.) Mr. Lee and Mr. Wheeler on behalf of the Central and Southern Florida Flood Control District stipulated to the introduction of the application and the staff report of the Central and Southern Florida Flood Control District, without objection. It was further stipulated that the matters as contained in the application and staff report could be utilized as a basis for findings of fact and recommended order, without the necessity of putting on testimony in behalf of the applicant or the staff. Pursuant to that stipulation, oral testimony was not presented by the parties.

   
   

2. The amount of water requested by the application is 398.9 acre/feet per year. The staff report recommended approval of 398.9 acre/feet per year, as requested by the applicant, based on the applicant's supplemental water use request.

   
   

3. Mr. Lee did not offer any further evidence beyond the application and staff report, in support of the request for permit.

4. The recommendation as contained in the staff report prepared by Mr. Nagendra Khanal, Hydrology Division, Resource Planning Department, Central and Southern Florida Flood Control District, was that the application #25642 for annual allocation of 398.9 acre/feet per year for purposes as applied for was acceptable. However, Mr. Khanal indicated that the permit should be subject to the following conditions:

   
   

   1. Recommendation of maximum monthly pumpage not to exceed 180.17 acre/feet or 4.70 inches/month. Pumpage in this amount is subject to availability of surplus water in the basin, consistent with and subject to specific basin rules including minimum flows and levels, all as determined by the District.

      
      

   2. Existing well and 10 inch deep well turbine pump with an installed capacity of 3,000 gpm be approved.

      
      

   3. This permit shall expire on October 15, 1978.

      
      

   4. The applicant shall install a measuring device on the well.

      Pumpage records shall be submitted to the District at the end of each irrigation season.

      
      

5. There were no persons at the hearing who wished to act as intervenors in the capacity of proponents or opponents of the application, nor were there any members of the general public, not party to the proceedings, who wished to comment on the application.

   
   

   CONCLUSIONS OF LAW

   
   

6. The application at issue herein has been fully reviewed and evaluated by the technical staff of the Central and Southern Florida Flood Control District.

   
   

7. The procedural requirements of Chapter 373, Florida Statutes, and the rules promulgated pursuant thereto have been complied with as they pertain to this application.

   
   

8. The application, to include exhibits, and the staff report of the Central and Southern Florida Flood Control District, reflect recommended uses which are reasonable and beneficial, and will not interfere with any legal use of water and are consistent with the public interest, all in accordance with Chapter 373, Florida Statutes and Chapter 16K of the Florida Administrative Code.

RECOMMENDED ORDER

Based upon the above findings of fact and conclusions of law, it is recommended that the permit requested be issued in accordance with the recommendations set forth in the staff report (attached thereto).

Respectfully submitted this 31st day of October, 1975, in Tallahassee, Florida.

COPIES FURNISHED:

Mr. Robert E. Lee 819 Geneva Drive

Oviedo, Florida 2765

John Wheeler, Esquire Post Office Box V

West Palm Beach, Florida

CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

Docket for Case No: 75-001915

Orders for Case No: 75-001915