STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: )

) GLISSON AND WILLIFORD FARMS, INC. )

CONSUMPTIVE USE PERMIT ) CASE NO. 76-626

APPLICATION NO. 76-00360, )

SOUTHWEST WATER MANAGEMENT )

DISTRICT )

)

RECOMMENDED ORDER

After due and proper notice, an administrative hearing was held on April 27, 1976, before Chris H. Bentley, Hearing Officer, Division of Administrative Hearings, at the District Headquarters, Southwest Florida Water Management District, Brooksville, Florida.

APPEARANCES

For Southwest Water

Management District: Jay T. Ahern, Esquire For Applicant: Ralph Williford

FINDINGS OF FACT

1. Application No. 76-00360 is for a new consumptive water use involving one well. The application seeks withdrawal of 1.29 million gallons per day average daily withdrawal and 2.59 million gallons per day maximum daily withdrawal. The water will be withdrawn from the Floridan Aquifer for the irrigation of tomatoes.

   
   

2. The amount of water sought to be consumptively used will exceed the water crop as defined, by the district because approximately 25 percent of the water will be discharged off site.

   
   

3. The land which is the subject of this application is being leased by the applicant for the purpose of growing tomatoes. Applicant's lease terminates in September, 1978 with an option to renew.

   
   

4. Except as otherwise set forth above, the applied for consumptive use will not violate any of the conditions set forth in Subsections 16J-2.11(2), (3) or (4), F.A.C.

   
   

5. The Southwest Florida Water Management District's staff recommends granting of the subject permit in the amounts requested with the following conditions:

   
   

   1. The applicant reduce runoff to 4.6 percent of the amount pumped by January 1, 1978.

   2. The district be allowed to install flowmeters and be allowed to go on the property to read these meters.

      
      

   3. The permit shall terminate on September 30, 1978, unless permitee seeks an extension.

      
      

   4. That the applicant give written notice of his intention to renew the lease if he so intends.

      
      

      CONCLUSIONS OF LAW

      
      

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

   
   

7. Subsection 16J-2.11(3), F.A.C., states that the issuance of a permit will be denied if the amount of water consumptively used will exceed the water crop as defined by the district. However, Subsection 16J-2.11(5), F.A.C., provides that the Board, for good cause, shall grant exceptions to the above when it finds that such a grant is consistent with the public interest. Noting that the conditions suggested by the Southwest Florida Water Management District's staff would bring the amount of water consumptively used within the water crop of the subject lands and that there has been no showing of any other potential damage, it appears consistent with the public interest to grant an exception to Subsection 16J-2.11(3), F.A.C.

RECOMMENDATION

It is hereby RECOMMENDED that Application No. 76-00360 be granted subject to the conditions set forth in paragraph 5 above.

ENTERED this 26th day of May, 1976, in Tallahassee, Florida.

CHRIS H. BENTLEY

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

COPIES FURNISHED:

Jay T. Ahern, Esquire Ralph Williford

Staff Attorney Glisson and Williford Farms, Inc. Southwest Florida Water Post Office Box 911

Management District Ruskin, Florida 33570 Post Office Box 457

Brooksville, Florida 33512

Docket for Case No: 76-000626

Orders for Case No: 76-000626