STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: )

) CITY OF BARTOW, CONSUMPTIVE USE )

PERMIT APPLICATION NO. 7600341, ) CASE NO. 76-1009 SOUTHWEST FLORIDA WATER )

MANAGEMENT DISTRICT )

)

RECOMMENDED ORDER

Pursuant to proper notice, an administrative hearing was held on June 15, 1976, before the undersigned Hearing Officer of the 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

Everett Kinlock

City of Bartow Superintendent of Water and Waste FINDINGS OF FACT

1. The subject application is for a consumptive water use permit seeking an average annual withdrawal of 3.22 million gallons per day and a maximum daily withdrawal of 4.38 million gallons per day from five operating wells and one standby well within the City of Bartow service area. This water is to be used for public water supply within the City of Bartow in Polk County within the Peace Basin. The amounts sought are for existing uses.

   
   

2. No objections have been placed on record to the issuance of this consumptive water use permit.

   
   

3. The Southwest Florida Water Management District staff recommends the granting of the permit as sought with the following conditions:

   
   

   1. That totalizing flow meters of propeller driven type be installed on each well or on wells that are ganged together and that

      reports be submitted quarterly to the District.

      
      

   2. That the District be notified prior to any expansion of the service areas and the service area boundaries.

      
      

   3. That the permit expire on December 31, 1980.

      The applicant has no objection to the above conditions.

      
      

      CONCLUSIONS OF LAW

      
      

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

   
   

5. The sought for consumptive use appears to be a beneficial, reasonable use consistent with the public interest and not interfering with any legal use of water existing at the time of the application.

RECOMMENDATION

It is hereby RECOMMENDED that the consumptive use permit as applied for be granted subject to the conditions set forth in paragraph 3.

DONE and ORDERED this 14th day of July, 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 Southwest Florida Water Management District Post Office Box 457

Brooksville, Florida 33512

Everett Kinlock City of Bartow

250 North Central Avenue Bartow, Florida 33830

Docket for Case No: 76-001009

Orders for Case No: 76-001009