STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: )

) APPLICATION NO. 21938 AND 21939 )

BY FORT LAUDERDALE COUNTRY CLUB, ) CASE NO. 75-1917 FOR A WATER USE PERMIT - DOCKET )

NO. 57. )

)

RECOMMENDED ORDER

Pursuant to proper notice, an administrative hearing was held before Charles C. Adams, Hearing Officer, Division of Administrative Hearings, on October 9, 1975, at 7051 Northwest 4th Street, City of Plantation, Florida, in the Council Chambers.

APPEARANCES

For Applicant: Mr. David Carnahan

1350 South Pompano Parkway Pompano Beach, Florida 33020

For Central and Stephen Walker, Esquire Southern Florida Post Office Box V

Flood Control West Palm Beach, Florida 33402 District:

FINDINGS OF FACT

1. The subject applications requests a permit from the Central and Southern Florida Flood Control District for the irrigation of 280 acres of golf courses. The public notice of hearing appearing in The Fort Lauderdale News, Fort Lauderdale, Florida, which noticed the permit applications submitted on behalf of the Fort Lauderdale Country Club, were received into evidence without objection.

   
   

2. Mr. Carnahan, as representative for the applicant and Mr. Walker, on behalf of the Central and Southern Florida Flood. Control District stipulated to the introduction of the applications 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 applications 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.

   
   

3. The amount of water requested by the applicant in application number 21938 is 26 million gallons per year and the amount requested in application number 21939 is 264 million gallons per year. The staff report recommended an annual allocation in the amount of 14.4 inches which is equivalent to 336 acre/feet or 109.4 million gallons a year for approval.

4. Mr. David Carnahan, P.E., representing the applicant, did not offer any further evidence beyond the application and staff report in support of the requests for permits.

   
   

5. Specifically, Mr. Nagendra Khanal, Hydrology Division, Resource Planning, Central and Southern Florida Flood Control District, recommended the following, through his staff report:

   
   

   1. Allocation of 14.4 inches which is equivalent to 336.0 acre/feet or 109.4 million gallons per year.

   2. The following special provisions are recommended:

      1. Approval of maximum pumpage not to exceed 5.5 inches which is equivalent to

         128.3 acre/feet or 41.8 million gallons per month. Diversions of water in this amount are 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. The existing five 12 inch wells with the total installed capacity of 3,020 gpm.

      3. The term of allocation is until October, 1977.

      4. The applicant shall install a measuring device. Pumpage records from the wells shall be submitted to the District at the end of each irrigation season.

      
      

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

   
   

   CONCLUSIONS OF LAW

   
   

7. The applications at issue herein have been fully reviewed and evaluated by the technical staff of the Central and Southern Florida Flood Control District.

   
   

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

   
   

9. The applications, 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.

RECOMMENDATION

Based upon the above findings of fact and conclusions of law, it is recommended that the permits 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.

CHARLES C. ADAMS

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 31st day of October, 1975.

COPIES FURNISHED:

Mr. David Carnahan

1350 South Pompano Parkway Pompano Beach, Florida 33020

Stephen Walker, Esquire Post Office Box V

West Palm Beach, Florida 33402

Fort Lauderdale Country Club

415 Country Club Circle Fort Lauderdale, Florida

Docket for Case No: 75-001917

Orders for Case No: 75-001917