STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: J. C. UTILITIES, INC. )

CONSUMPTIVE USE PERMIT ) CASE NO. 76-1007

APPLICATION NO. 7500267 )

IN PASCO COUNTY, FLORIDA )

)

RECOMMENDED ORDER

Pursuant to proper notice, an administrative hearing was held on June 15, 1976, before Chris H. Bentley, Hearing Officer, Division of Administrative Hearings, at the District Headquarters, Southwest Florida Water Management District, Brooksville, Florida.

APPEARANCES

J. T. Ahern, Esquire, Southwest Florida Water Management District

R. W. Caldwell, Jr., Vice President, J. C. Utilities, Inc.

FINDINGS OF FACT

1. This application is a request for a consumptive use permit for two wells located in Pasco County, Florida, within the Pithlachascotee Basin. The subject wells are also located in that area wherein the Board of Governors of the Southwest Florida Water Management District declared a water shortage in Order No. 76-3D, Southwest Florida Water Management District. The application seeks an average daily withdrawal of 95,000 gallons with a maximum daily withdrawal of 360,000 gallons.

   
   

2. The use of this water is for public supply involving effluent disposal by on-site percolation and ponding. This-use was existing prior to January 1, 1975 with am average daily withdrawal for 1974 of 74,000 gallons.

   
   

3. The testimony presented by staff members of the Southwest Florida Water Management District establishes that the consumptive use for which a permit is sought will not violate any of the criteria set forth in Subsections 163- 2.11(2)(3) or (4), Florida Administrative Code, except that the use may significantly induce salt water encroachment. No evidence was presented showing that the sought for consumptive use will, in fact, significantly induce salt water encroachment.

   
   

4. In the twelve month period ending October, 1975, applicant's highest average daily withdrawal was 81,000 gallons. This time frame corresponds to that time frame referred to in paragraph 1 of Water Shortage Order No. 76-3D, Southwest Florida Water Management District.

   
   

5. In view of Water Shortage Order No. 76-3D, Southwest Florida Water Management District, the staff recommends granting of the permit for an average daily withdrawal of 81,000 gallons and a maximum daily withdrawal of four times

   that figure or 234,000 gallons. The staff further recommends imposition of the following conditions:

   
   

   1. That the permittee shall install totalizer flow meters of the propeller driven type on all withdrawal points covered by the permit with the exception of those wells which are currently ganged together using a single meter. That the permittee shall submit to the District a record of his pumpage for each meter, said pumpage to be read on a monthly basis and submitted quarterly to the District on April 15, July 15, October 15, and January 15 for each preceding calendar quarter.

      
      

   2. That all individual connections to the system be metered.

      
      

   3. That the permittee have water samples from all wells permitted analyzed for chloride on a monthly basis and results submitted to the District by April 15, July 15, October 15, and January 15 for each preceding calendar year.

      
      

      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. Rule 16J-2.20, Florida Administrative Code, states that the Governing Board of the Southwest Florida Water Management District may by order declare a water shortage to exist and impose such restrictions on users of the water resources as may be necessary to protect the water resources of the area from serious harm. Order No. 76-3D, Southwest Florida Water Management District appears to be such an order and is applicable to the area in which the subject wells are located. Paragraph 1 of that order states

"No withdrawals from any new well or increased withdrawals from existing wells above the average daily amount withdrawn during any calendar month during the twelve month period, will be allowed within the water shortage area without specific board approval."

This water shortage order seems to place a restriction on the withdrawal amounts which may be approved for consumptive use.

RECOMMENDED ORDER

The Water Shortage Order referred to above appearing to govern this matter, it is hereby RECOMMENDED that a consumptive water use permit for amounts consonant with that order be granted, which amounts are 81,000 gallons average daily withdrawal and 234,000 gallons maximum daily withdrawal, with the provision that upon decision by the Board that a water shortage no longer exists in the subject area, the applicant be granted a consumptive water use permit for those amounts originally requested and which the Board staff testified did not violate the criteria for issuance of a consumptive water use permit. It is further RECOMMENDED that the permit be issued subject to the conditions set forth in paragraph 5 above.

DONE and ORDERED this 14 day of July, 1976, in Tallahassee, Florida.

CHRIS H. BENTLEY, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Jay T. Ahern, Esquire Southwest Florida Water

Management District Post Office Box 457

Brooksville, Florida 33512

1. C. Utilities, Inc.

   One Countryside Office Park Clearwater, Florida 33515

   
   

   =================================================================

   AGENCY FINAL ORDER

   ================================================================= SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

   IN RE: J. C. UTILITIES, INC. )

   CONSUMPTIVE USE PERMIT ) CASE NO. 76-1007 APPLICATION NO. 7500267 ) ORDER NO. 76-8

   IN PASCO COUNTY, FLORIDA )

   )

   
   

   ORDER GRANTING PERMIT PURSUANT

   TO HEARING OFFICER'S RECOMMENDED ORDER

   
   

   The Governing Board of Southwest Florida Water Management District, having examined the File of Record for the above numbered application, including the Hearing Officer's Recommended Order dated July 14, 1976 and filed therein, and having taken additional testimony at public hearing duly held on September 8, 1976, and being duly advised in the premises,

   
   

   ADJUDGES and ORDERS as follows:

   
   

   1. The Findings of Fact set forth in the Hearing Officer's Recommended Order are adopted and made a part hereof by reference except for Paragraph 5 which finding is based on testimony presented at the Hearing, but involved an incorrect mathematical computation which appears on Page J-7 of transcript as

      .234 mgd as maximum daily when it should have appeared as .324 mgd as the maximum daily withdrawn.

   2. The Board, also, finds that applicant has applied for an average daily withdrawal of 95,000 gallons wherein 74,000 gallons represents an existing use as of January 1, 1975 and 21,000 gallons represents a new use as of January 1, 1975 the date when the District implemented rules under 16J-2, Florida Administrative Code.

      
      

   3. The Board based upon testimony and the additional evidence in the record, finds that the use of 74,000 gallons of water on an average annual basis was used prior to January 1, 1975.

      
      

   4. The Board based upon the testimony and evidence in the record, finds further that the Applicants have applied for an increase use of 21,000 gallons of water on an average annual basis and that:

      
      

      1. The proposed use is a reasonable use of the water and is an economic and efficient use of the water in light of existing conditions, circumstances and technology.

         
         

      2. The proposed withdrawal will not cause the level of the potentiometric surface to be lowered below any regulatory level established by the Southwest Florida Water Management District.

         
         

      3. The proposed withdrawal will not significantly induce salt water intrusion.

         
         

      4. The proposed withdrawal will not cause the water table to be lowered so that the lake stages or vegetation will be adversely and significantly affected on lands other than those owned, leased or otherwise legally controlled by the applicant.

         
         

      5. The proposed withdrawal will not cause the level of the potentiometric surface under lands not owned, leased or otherwise controlled by the applicant to be lowered more than five feet.

         
         

      6. The proposed withdrawal will not cause the level of the water table under lands not owned, leased or otherwise controlled by the applicant to be lowered more than three feet.

         
         

      7. The proposed withdrawal will not cause the potentiometric surface to be lowered below sea level.

         
         

      8. The proposed withdrawal will not adversely affect any of the adjacent property owners.

         
         

   5. There are insufficient monitoring facilities in the vicinity of applicant's lands to give early indication of any changes in the chloride conditions of the water resources in the area. A reasonable monitoring system must be established and for such purpose.

      
      

   6. The Conclusions of Law set forth in the Hearing Officer's Recommended Order are agreed to and accepted in part and made apart hereof.

      
      

   7. The part not accepted pertains to the staff's misinterpretation of the law on what amount of water applicant would be entitled to file an application for a Consumptive Use Permit. Under the District's Water Shortage Order No. 76- 3D, applicant would be entitled to apply for the highest average daily use

      during the period October 1, 1975 to September 31, 1976; and would have been in April 1975 and was in the amount of 133,000 gpd. The Conclusions of Law set forth in the Hearing Officer's Recommended Order are agreed to and accepted in part and made a part hereof.

      
      

   8. The use sought to be continued and increased is allowable under the common law of this State and the District's Rules under Chapter 16J-2, Florida Administrative Code.

      
      

   9. The Hearing Officer's Recommended Order is adopted as amended herein above as to the Findings of Fact and Conclusions of Law, provided however, that the Executive Director of the Southwest Florida Water Management District, or a duly delegated member of his staff, is authorized and directed to issue a Consumptive Use Permit pursuant to the above numbered application in substantially the form, and is subject to the terms and conditions, set forth in Exhibit 1 attached hereto.

DONE and ORDERED this 8th day of September, 1976.

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

DERRLL S. McATEER, CHAIRMAN

SEAL

THOMAS M. VAN DER VEER, SECRETARY

Docket for Case No: 76-001007

Orders for Case No: 76-001007