STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: )

) DEE J. ROY, JR., CONSUMPTIVE USE )

PERMIT APPLICATION NO. 76-00370 ) CASE NO. 76-627 SOUTHWEST FLORIDA 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: Warren H. Hilger, Consulting Engineer FINDINGS OF FACT

1. Application No. 76-00370 is for a consumptive use permit for three wells seeking a total average daily use of 3.55 million gallons per day and a maximum daily use of l2 million gallons per day as set forth in the application. This is a new use. The three wells are located in Citrus County and the water will be pumped from the Floridan Aquifer for the irrigation of corn and watermelons.

   
   

2. The consumptive use, as sought, does not exceed the water crop as defined by the district nor otherwise violate any of the requirements set forth in Subsection 16J-2.11(2), (3) or (4), F.A.C.

   
   

3. The Southwest Florida Water Management District's staff recommends issuance of the permit with the following condition:

   
   

   1. That the water be used for nighttime irrigation.

      
      

      CONCLUSIONS OF LAW

      
      

4. The procedural requirements of Chapter 337, Florida Statutes, and rules promulgated pursuant thereto, have been complied with as they pertain to this application.

   
   

5. The intended consumptive use appears to a reasonable, beneficial use which is consistent with the public interest and will not interfere with any legal use of water existing at the time of the application.

RECOMMENDATION

It is hereby RECOMMENDED that a consumptive use permit in accordance with Application No. 76-00370 be issued with the conditions as set forth in paragraph 3.

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

COPIES FURNISHED:

Jay T. Ahern, Esquire Staff Attorney Southwest Florida Water Management District Post Office Box 457

Brooksville, Florida 33512

Warren H. Hilger

137 South Highway 19

Crystal River, Florida 32629

Dee J. Roy, Jr. Post Office Box 352

Mt. Carmel, Illinois 62863

CHRIS H. BENTLEY

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Docket for Case No: 76-000627

Orders for Case No: 76-000627