STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: Application No. 23181 )

for Water Use Permit - Town of ) CASE NO. 76-1348 Indian River Shores and Lost )

Tree Village Corporation. )

)

RECOMMENDED ORDER

A hearing was held in the above-captioned matter, after due notice, on September 29, 1976, at Vero Beach, Florida, before the undersigned Hearing Officer.

APPEARANCES

For the Applicants: Sherman N. Smith, Jr., Esquire

Post Office Box 1030

Vero Beach, Florida 32960

For the Central and

Southern Florida John H. Wheeler, Esquire Flood Control Post Office Box V

District: West Palm Beach, Florida

For the Intervenors: William T. McCluan, Esquire

65 East Nasa Boulevard Post Office Box 459 Melbourne, Florida 32901

ISSUE

Whether application 23181 for a consumptive use water permit should be granted, pursuant to Chapter 383, Florida Statutes.

Prior to the hearing, 16 individuals in the Wabasso, Florida, community petitioned to intervene as parties in this proceeding. By Order, dated August 26, 1976, intervention was granted. Thereafter, counsel for the Wabasso Citizens Association, a private, unincorporated association that included the 16 prior intervenors, requested that intervention include all members of the association. There being no objection to the foregoing request, intervention was granted accordingly.

The public hearing in this matter included 22 exhibits

and the testimony of 21 witnesses, nine of whom were members of the public. Lists of the exhibits and public witnesses are attached hereto.

On January 8, 1975, the Town of Indian River Shores, Florida (hereinafter "Town"), and Lost Tree Village Corporation, Indian Rivers Shores, Florida (hereinafter "Lost Tree"), filed application 23181 for a consumptive use water permit with the Central and Southern Florida Flood Control District (hereinafter "District"). The application requested a permit for the withdrawal of 393 acre feet per year of groundwater from two wells located on a parcel of land owned by

Lost Tree at Wabasso, Florida. The requested use was for irrigation of two golf courses located on land owned by Lost Tree known as John's Island, a residential community located within the Town, and as an emergency public water supply for the Town. It was proposed that the water be transported by pipeline owned by Lost Tree from Wabasso to John's Island, a distance of several miles.

Although the matter was set for public hearing to be held on February 4, 1975, an unfavorable staff report of the District, dated January 30, 1975, resulted in an indefinite postponement of the hearing. A hydrogeological report was prepared for Lost Tree by a consulting firm on February 12, 1976, and submitted by the applicant to the District. A subsequent staff report of the District was prepared on July 28, 1976. Thereafter, the matter was noticed for hearing to be held August 31, 1976. Pursuant to the request of intervenors, a continuance was granted until September 29, 1976. (Exhibits 5,6,7,8,19)

FINDINGS OF FACT

1. The Town is a municipality that was incorporated in 1953. It is located east of the Indian River on an island and extends from the north boundary of Vero Beach for over 4 miles along the Atlantic ocean. In 1969, Lost Tree commenced developing a 3,000-acre tract of land located within the Town as a residential community. Prior to the initiation of this project, there had been very little development in the Town. In order to attract residents to John's Island, two 36-hole golf courses were constructed on the property, known as the North and South Courses, covering approximately 180 acres. At the present time, John's Island comprises over 600 residences, consisting of single and multiple family units, ranging in price from $65,000 to $500,000. The Town has a population of about 1,200, with 65 percent residing at John's Island. The present assessed value of property located in the Town is about $160,000,000 of which almost $66,000,000 is attributable to property in John's Island. The private golf club at John's Island has approximately 500 members, including about 150 from Vero Beach. The golf courses are considered to be the "heart" and "life-blood" of the community (Testimony of Ecclestone, Miller; Exhibits 5,11,12).

   
   

2. The water supply of the Town comes from the water system of the City of Vero Beach, pursuant to contract, via a 16" water main which crosses the Indian River and ends at the northern boundary of Vero Beach. There, it is tied into a 12" water main of the Town. The Town has a one million gallon capacity underground storage tank and a 100,000 gallon overhead tank. The 16" main is the only waterline that crosses the Indian River and, in the event of a rupture, the Town would be limited to its stored supplies (Testimony of Miller, Little, Exhibits 5,17).

   
   

3. The John's Island golf courses require irrigation of approximately 70 acres. In the past, irrigation water has been obtained from a system of shallow wells on the property, treated sewage effluent from the surrounding community, and stormwater, all of which is discharged into two ponds located on the courses. Additionally, treated potable water is obtained from the City of Vero Beach through two two-inch water meters that were installed in 1975. Prior to that time, an undisclosed amount of city water was obtained for irrigation and other purposes through city meters installed on fire hydrants in the area. The use of city water was required in order to supplement the resources available on the John's Island property. During the period May, 1975, through August, 1976, the amount of water obtained from the City of Vero Beach that was used for golf course irrigation totaled 54,057,000 gallons, an average of some 110,000 gallons per day. At the present time there is no water problem, insofar as irrigation

   is concerned, on the South Course which obtains irrigation water from sewage effluent and a number of shallow wells. However, test samplings over the years have shown a gradual increase in the amount of chlorides in the water and it is questionable whether such water will continue to be suitable for irrigation in the foreseeable future. Recent tests show the chloride content of the water at

   450 ppm. The type of Bermuda grass on the golf courses can grow satisfactorily with water containing not more than 1,000 ppm. City water is used only on the North Course. The water obtained from the shallow wells in that area is highly saline in content. A recent water test showed a chloride content of 3,800 ppm. Additionally, immediately before an eight inch rainfall which lowered the chloride content to the foregoing figure, the greens on the North Course tested at 6,300 ppm in chloride content (Testimony of Luke, Little, Exhibits 6,7).

   
   

4. During periods of drought, the City of Vero Beach has requested John's Island and other water users to either curtail or stop the use of city water for non-domestic purposes. Such requests have been received approximately six times during the past year. In April, 1976, the city water used for golf course irrigation at John's Island was shut off for a period of eight days as a result of a request from officials of Vero Beach. If insufficient irrigation water is not received for a period of 10 days to two weeks, it is extremely probable that a golf course would have to be replanted at an approximate cost of $60,000.00 to

   $80,000.00 and would require a period of six months for suitable growth. Both the Town and John's Island always cooperated fully with the requests of Vero Beach to curtail water use (Testimony of Luke, Miller, Little, Exhibit 17).

   
   

5. At the time irrigation water sources were being explored at John's Island, a test well was drilled to a depth of 2020 feet into the Floridan aquifer underlying the property, but an inadequate quantity of water was developed. Lost Tree owns some 25 acres of land at Winter Beach, Florida, which is located west of John's Island across the Indian River. Although test wells there produced satisfactory water, it was not feasible to use this source due to prohibitions against excavation for such purposes in the Indian River. Due primarily to economic considerations of the high cost of using treated city water for golf course irrigation, and the inconvenience and possible hazards of water interruptions from that source, Lost Tree decided to supplement its resources from water withdrawn from wells to be located on a 4.869 acre tract of land it purchased in Wabasso. Although a deep well was considered at that site, state agencies advised that the Floridan aquifer was overloaded in that area to a degree of 200 percent. Accordingly, in 1973, two ninety-foot deep wells were constructed on the site approximately 500 feet apart into the underlying shallow aquifer. Pump tests showed that the chloride content was within satisfactory limits. Thereafter, Lost Tree in its own name and that of The Town, obtained necessary rights-of-way and permits for the placement of a system of pipes for transportation of water from the Wabasso wells to John's Island. These consisted of a 16" water line from the Wabasso site east over a newly constructed bridge and several existing bridges to Highway A1A where the size of the line south to John's Island was decreased to twelve inches. An agreement was entered into between Lost Tree and the Town on December 19, 1974 whereby the former agreed to supply emergency needs of the Town from water obtained from the Wabasso wells. About that same time, the pipe system was completed and the present application filed with the District (Testimony of Lloyd, Ecclestone, Exhibits 2,6,9).

   
   

6. The area immediately surrounding Lost Tree's land in Wabasso consists primarily of residences, groves, and trailer parks. The residents of the unincorporated Wabasso area depend solely upon the shallow aquifer for their domestic water needs since there are no utility services in the area. Grove

   irrigation normally is accomplished by deep wells to the Floridan aquifer. After the application herein was filed in January, 1975, numerous letters of objection to the proposed withdrawal were filed with the District by residents of the Wabasso community and from local organizations. These objections, for the most part, expressed apprehension that the applicants would be withdrawing far more water from the well field than their fair share based on the size of Lost Tree's land in Wabasso. The objectors also claimed that the requested withdrawal would have a serious detrimental effect on existing users. They further protested the concept of extracting potable water from one area and transporting it to another area for irrigation use on recreational facilities.

   
   

7. The initial Staff Report of the District on January 30, 1975, took such objections into consideration and recommended denial of the application based on the unsuitability of the well field site. It found that withdrawal of the requested water for golf course irrigation was not a reasonable and beneficial use because it greatly exceeded the water budget for the site, harmed existing legitimate users in the area by creating drawdowns of several feet which would increase the possibility of potable water supply wells running dry, harming potential future legitimate users by lowering the water table and exporting the water that they might have utilized, and because it threatened to harm such users and the resource itself by "upconing" saline water from the bottom of the aquifer into the fresh water producing zone of the aquifer. Although the report stated that there would be no objection to permitting an allocation on the order of 7.5 acre feet per year, which was the equivalent to the water crop, it was not recommended because such an allocation would do little to meet the applicant's needs for irrigation water (Exhibit 6, Composite Exhibit 20).

   
   

8. Recognizing the need for further studies to support its application, Lost Tree hired a firm of consulting groundwater geologists and hydrologists to conduct an investigation of potential sources of irrigation water for both the John's Island and the Wabasso sites. The study confirmed prior conclusions that it was not practicable or feasible to develop the necessary irrigation water from sources available at John's Island. As to the Wabasso area, the report found that the shallow aquifer was not being fully utilized and that extraction of the proposed quantity of water would not exceed the capacity of the aquifer to provide it. It also determined that the presence of a continuous layer of impermeable clay within the Hawthorn formation effectively separates the Floridan from the shallow aquifer. No interference in the water levels of the Floridan aquifer should occur nor is it likely there would be salt water intrusion into the shallow aquifer. However, based on the formulation of a "mathematical model," it was predicted that the proposed withdrawal could adversely affect existing shallow wells within a few hundred feet of the applicant's well field by "drawdown" which could lessen the pumping ability of centrifugal pumps. Nearby existing wells, such as those located in a trailer park immediately west of Lost Tree's well field, could lose suction in pumping and thereby owners might experience delay in extracting water from the wells (Testimony of Amy, Exhibits 4, 8).

   
   

9. Although one Wabasso resident who owns property near Lost Tree's wells has experienced a decrease in pressure in her well and poor quality water, and another nearby resident's well went dry, there is no clear evidence that Lost Tree's drilling of its two wells and consequent testing thereof caused these problems. Testimony of other Wabasso residents expressed their apprehension as to possible salt water intrusion and unavailability of water in the shallow aquifer if the requested withdrawal is approved. Other residents and public witnesses challenged the fairness of permitting one land owner to deplete local water supplies by withdrawals for transport to another area for recreational

   purposes (Testimony of Chesser, McPherson R., Pangburn R., Jackson, Mrs. S.B., Kale, Stout, Wintermute, Pangburn, K., Bidlingmayer, Willey, Gertzen).

   
   

10. The District Staff Report, dated July 28, 1976, as supplemented by an addendum, dated August 30, 1976, reviewed the hydrogeological study submitted by the applicants and concluded that withdrawal of a specified amount of water from Lost Tree's Wabasso wells would represent a reasonable and beneficial use of the resource that did not appear to harm either the resource or existing users. It calculated the "crop requirement" for the golf courses on the basis of 135 acres. Testimony at the hearing established that the area required to be irrigated was only 70 acres. Consequently, the report's recommendation as to the annual water allocation for golf course irrigation was scaled down accordingly. Recommendations as to daily withdrawals were based upon the maximum billing by the City of Vero Beach for a 22-day period in January and February, 1975, plus a 20 percent allowance to provide a reasonable degree of operational flexibility. The conclusion of the staff that the withdrawal would not harm existing users is questionable in the light of the applicant's own hydrogeological study and testimony of its experts (Testimony of Winter, Exhibits 6,7,22).

    
    

11. The Staff Report recommended that certain conditions be imposed upon any issuance of the requested permit. The following findings are made as to the reasonableness of such proposed conditions:

    
    

    Annual allocation of no more than 51.044 million gallons.

    
    

    FINDING: Reasonable.

    
    

    1. This permit shall expire 5 years after permit issuance.

       
       

       FINDING: Reasonable. The use may require reevaluation based upon developing needs of the area of withdrawal for higher priority uses of the resource.

       
       

    2. The total maximum monthly withdrawal from the two wells in Wabasso shall not exceed 6.931 million gallons.

       
       

       FINDING: Reasonable.

       
       

    3. The total daily withdrawal from the two wells in Wabasso shall not exceed 378,000 gallons.

       
       

       FINDING: Reasonable.

       
       

    4. Daily pumpage on a monthly basis shall be reported to the District during the following month. This data must be obtained through the use of an in line totalizing meter or meters at the well field.

       FINDING: Reasonable.

       
       

    5. Prior to the initiation of any pumping from the wells in Wabasso the permittee must survey all existing wells (with the owners'

       permission) located within 800 feet of each of these wells. Should it be determined that

       the permittee's pumping as recommended may adversely affect an existing well the permittee is to be held responsible for making timely corrective measures as deemed

       necessary at no expense to the owner, in order to preserve the water supply capability of that facility. A complete and detailed

       report of the survey and corrective measures taken by the permittee shall be submitted to the District. The District will then

       issue a notice authorizing the permittee to begin pumping as required.

       
       

       FINDING: Unreasonable. Although it is conceded by the applicants that adverse effects upon nearby wells may well occur, attempts to make determinations as to actual effects prior to full operation of Lost Tree's wells would only be speculative in nature. It is noteworthy in this regard that upon issuance of a temporary authorization to Lost Tree to withdraw water commencing in August, 1976, a similar precondition was imposed with a report of a survey and corrective measures taken to be submitted to the District prior to authorization to begin pumping. A cursory survey was performed by a representative of Lost Tree that consisted merely of attempting to locate surrounding wells by off-premises observation. No attempt was made to contact well owners or to obtain information as to the types of pumps on the wells. Such a survey is patently inadequate for the purposes desired by the District and it is considered impracticable and onerous to saddle the applicant with the burden of such a condition. Although withdrawals of water under the temporary permit commenced on September 18, 1976, and continued thereafter, there is no evidence that any complaints were registered by adjacent well owners as a result of the withdrawals (Testimony of Pearson, Exhibits 13, 14).

       
       

    6. For a period of 18 months after the first full week of operation in which no substantive complaints of adverse impact are received by the District, the permittee must assume full responsibility for taking the

       appropriate corrective to rectify any adverse impact their withdrawals create on any existing users within the area influenced by their withdrawal. Upon receiving a substantive complaint of adverse impact upon an existing user, the Executive Director of the District will issue a notice prohibiting any further withdrawals from the wells in Wabasso until corrective measures are taken by the permittee at no expense to the existing user, or until the permittee proves that their withdrawal is not the cause of the problem. The Executive Director of the District will issue a notice to resume withdrawals when the District has been satisfied that the situation is remedied.

       
       

       FINDING: Reasonable in part. The condition should be modified to extend the period of the permittee's responsibility for corrective action as to adverse impact on existing users to the entire life of the permit rather than for a period of only 18 months. Further, the District's prohibition of withdrawals after the receipt of a complaint is arbitrary and inconsistent with the method of administrative enforcement procedures as specified in Section 373.119(1), Florida Statutes.

       
       

    7. To help define the actual impact of the permittee's withdrawal a total of at least seven observation wells shall be installed. The observation wells shall be located between the permittee's wells and Indian River, two shall be located to the west and the remaining two shall be located either to the north or south of the permittee's wells. The locations and depths of these wells shall halve District concurrence. A continuous water level recording device shall be installed on one off these wells.

       
       

       FINDING: Reasonable. Although the installation and monitoring of a number of observation wells imposes a financial burden on the applicants, it is considered a proper requirement to assist in determining the impact of any withdrawal. The time for installation and specifications thereof should be set forth in any permit issued.

       
       

    8. Hydrographs from the recording device on one of the observation wells and from weekly hand measured water levels on the remaining observation wells shall be submitted to the District on a monthly basis. This data shall

       be submitted in the month following the period of record. All water level data shall be measured and recorded to the nearest hundredth of a foot and referenced to mean sea level.

       
       

       FINDING: Reasonable.

       
       

    9. By acceptance of this permit the permittee acknowledges that this permit confers no prior right to the permittee for the use of water in the amount allocated and for the purpose stated.

       
       

       FINDING: Unreasonable. The condition is ambiguous and involves legal aspects that are not proper for determination at this time.

       
       

    10. Any future application involving the use of the withdrawal facilities permitted herein, shall be considered as an application for a new use and it shall be reviewed accordingly.

        
        

        FINDING: Unreasonable. See comment in I above.

        
        

    11. All existing Floridan wells located on the applicant's properties must be abandoned in accordance with the current applicable standards of the Department of Environmental Regulation. Abandonment procedures must be carried out within 6 months of the date of issuance of this permit.

        
        

        FINDING: Unreasonable. The abandonment of existing Floridan wells involves subject matter not embraced within the application.

        
        

    12. An officer of the Lost Tree Village Corporation shall submit with each report required by the District a sworn and acknowledged affidavit that the report reflects the actual measurements or readings taken.

        
        

        FINDING: Reasonable.

        
        

    13. The Permittee shall obtain a water sample from a pumping well at the Wabasso well field site once a month, within five days of the end of the month. This sample shall be analyzed for chloride content, and the results reported to the District within 14 calendar days after collection. Should the District determine that a significant change has occurred in the chloride content of the

        water being withdrawn from the Wabasso well field, the District shall initiate a new review of the application.

        
        

        FINDING: Reasonable.

        
        

    14. Upon installation of the observation wells, a water sample shall be obtained from these wells and analyzed for the following parameters:

        
        

        Chloride

        Total Dissolved Solids Conductivity

        Sulfate Calcium Magnesium Sodium Bicarbonate

        
        

        This analysis shall be submitted to the District within 14 days after collection. During the last five days of the months of May and November of each year, during the duration of this permit, the permittee shall obtain one water sample from each of the installed observation wells. These samples shall be analyzed for Chloride content, and the results reported to the District within

        14 days after collection.

        
        

        FINDING: Reasonable.

        
        

    15. If the permittee can demonstrate to the satisfaction of the District that the groundwater withdrawn by the south golf course well point system is no longer suitable for the irrigation of the golf course, the annual allocation shall be increased to 82.942 million gallons.

        
        

        FINDING: Unreasonable. Future needs should be the subject of modification of permit terms at an appropriate time, pursuant to section 373.239, F.S.

        
        

12. An emergency authorization was issued to the applicants by the governing board of the District on August 30, 1976. This authorization contains certain special conditions including a requirement to conduct and submit a preauthorization survey and report concerning existing wells located within 800 feet of the applicant's wells. In addition, a condition of the authorization was that no withdrawals shall be made unless the City of Vero Beach had ordered the applicant to stop the use of water from its system for golf course irrigation. The evidence shows that neither of these conditions was met by the applicant, but yet withdrawals were made during the month of September, 1976 without District authorization (Testimony of Winter, Rearson, Exhibit 13). The applicant's disregard of these requirements indicates the need for a further

    special condition if a permit is granted, to ensure that adjacent land owners are protected in the event of adverse effects upon their water supply. To accomplish that, it is found that the following additional condition is reasonable and necessary:

    
    

    P. The Board shall require the applicant to furnish a bond in an appropriate amount, as authorized by Rule 16K-1.061, F.A.C.

    
    

13. It is found that insufficient evidence has been presented to determine the merits of the request of the Town of Indian River Shores for an emergency water supply from the Wabasso wells.

    
    

    CONCLUSIONS OF LAW

    
    

14. The applicant seeks a permit for the consumptive use of water under Section 373.219(1), F.S. which provides pertinently as follows:

    
    

    "373.219 Permits required. --

    (1) The governing board or the department may require such permits for consumptive use of water and may impose such reasonable conditions as are necessary to assure that such use is consistent with the overall objectives of the district or department and is not harmful to the water resources of the area.

    
    

    373.223 Conditions for a permit. --

    1. To obtain a permit pursuant to the provisions of this chapter, the applicant must establish that the proposed use of water:

       1. Is a reasonable beneficial use as defined in s. 373.019(5); and

       2. Will not interfere with any presently existing legal use of water; and

       3. Is consistent with the public interest.

    2. The governing board or the department may authorize the holder of a use permit to transport and use ground or surface water beyond overlying land or outside the watershed from which it is taken if the governing board or department determines that such transport and use is consistent with the public interest.

    
    

15. Section 373.019(5) defines the term "reasonable - beneficial use" as "the use of water in such quantity as is necessary for economic and efficient utilization for a purpose and in a manner which is both reasonable and consistent with the public interest."

    
    

16. The applicants have met the procedural requirements of Chapter 373,

    F.S. and Chapter 16K, F.A.C. The issue for determination is whether the proposed withdrawal meets the three conditions of Section 373.223(1) cited

    above, and if so, whether any "reasonable conditions" should be placed on the issuance of the permit.

    
    

17. The evidence establishes that the amount of water recommended by the district staff for the purpose of irrigating the two golf courses at John's Island is a "reasonable - beneficial use." It has been shown that the amount of water in question over and above the water available from sources at John's Island is necessary to sustain the golf courses. It is undisputed that an important economic need to the John's Island community and the Town of Indian River Shores is served by the operation of these recreational facilities which are closely connected with the growth and well-being of those areas. It further has been shown that it will be consistent with the public interest to transport groundwater from Wabasso to John's Island for the above-stated purposes rather than continuing to utilize expensive, treated water from municipal sources.

    
    

18. The remaining question is whether the withdrawal will interfere with presently existing legal use of water by well owners in the vicinity. The evidence shows that the proposed withdrawal will probably impact adversely to some degree on nearby wells at Wabasso. However, according to the testimony of experts, including a representative of the District staff, it is anticipated that these adverse impacts will be minimal and should not seriously interfere with or disrupt the use of water by local residents or businessmen. To make sure that any such effects are promptly remedied and are not such as to seriously endanger the quality or quantity of present and future water needs in the area, those conditions found to be reasonable in the foregoing Findings of Fact should be attached to the issuance of any permit. If it is found that in the future, violations of these conditions have occurred which have not been remedied, ample authority is contained in Sections 373.119, 373.136, and 373.243 to ensure enforcement thereof. Additionally, the relatively short term of the permit of five years will provide an opportunity for reassessment of any changing water needs of the area within a reasonable time. It is therefore concluded that issuance of the permit under the stated conditions will conform to the requirements of the statute and the legislative policy of promoting conservation, development and proper utilization of water resources.

    
    

19. In view of the insufficiency of the evidence upon which to base a determination that the water in question could also be used as an emergency water supply for the Town of Indian River Shores, it is concluded that the permit should be restricted solely to irrigation of the golf courses at John's Island.

RECOMMENDATION

That a consumptive water use permit, with conditions as specified herein, be issued to applicant Lost Tree Village Corporation for the irrigation of its two golf courses at John's Island.

DONE and ENTERED this 9th day of November, 1976, in Tallahassee, Florida.

THOMAS C. OLDHAM

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 9th day of November, 1976.

COPIES FURNISHED:

John H. Wheeler, Esquire Post Office Box V

West Palm Beach, Florida

Sherman N. Smith, Jr., Esquire Post Office Box 1030

Vero Beach, Florida 32960

William T. McCluan, Esquire

65 East Nasa Boulevard Post Office Box 459 Melbourne, Florida 32901

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

AGENCY FINAL ORDER

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

GOVERNING BOARD OF THE

CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT

)

FINAL ORDER

The Hearing Officer's Recommended Order came to be heard before the Governing Board of the CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT on

the 16th day of December, 1976. After consideration of the Hearing Officer's Recommended Order, the Written Exceptions to the Hearing Officer's Recommended Order, and the oral arguments by all parties, the Governing Board adopts the Hearing Officer's Findings of Fact (except as modified below) and Conclusions of Law as its own.

MODIFICATIONS TO HEARING OFFICER'S FINDINGS OF FACT

1. The Hearing Officer's Finding of Fact Number 10-E is rejected not as a Finding of Fact but as a Conclusion of Law. The Governing Board concludes that it is reasonable to require the permittee to make a survey of existing wells.

   This is for the benefit of both the permittee and the intervenor. All parties agreed to this condition.

   
   

2. The Hearing Officer's Finding of Fact Number 10-K is rejected not as a Finding of Fact but as a Conclusion of Law. The Department of Environmental Regulation Rules, Chapter 17-21, Florida Administrative Code, provides for the abandonment of wells not in use. This condition should apply only if the Floridan wells are not in use.

ORDER

Based on the Hearing Officer's Findings of Fact, except as modified above, and Conclusions of Law, the Governing Board of the CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT hereby orders as follows:

1. A Water Use Permit shall be issued pursuant to Application No. 23181 to Lost Tree Village Corporation for the annual allocation of no more than 51.004 million gallons of water.

   
   

2. This permit shall be subject to the following special conditions:

   
   

   1. This permit shall expire five years after permit issuance.

   2. The total maximum monthly withdrawal from the two wells in Wabasso shall not

      exceed 6.931 million gallons.

   3. The total daily withdrawal from the two wells in Wabasso shall not exceed 378,000 gallons.

   4. Daily pumpage on a monthly basis shall be reported to the District during the following month. This data must be obtained through the use of an in-line totalizing meter or meters at the well field.

   5. Prior to the initiation of any pumping from the wells in Wabasso the permittee must survey all existing wells (with the owner's permission) located within 800 feet of each of these wells. Should it be determined that the permittee's pumping as recommended may adversely affect an existing well, the permittee is to be held responsible for taking timely corrective measures as deemed necessary at no expense to the owner, in order to preserve the water supply capability of that facility. A complete and detailed report of the survey and corrective measures taken by the permittee shall be submitted to the District. The District will then issue a notice authorizing the permittee to begin pumping as required.

   6. The permittee must assume full responsibility for taking the appropriate corrective measures to rectify any adverse impact their withdrawals create

      on any existing users within the area influenced by their withdrawal.

   7. To help define the actual impact of the permittee's withdrawal a total of at least seven observation wells shall be installed by permittee. Three observation wells shall be located between the permittee's wells and Indian River, two shall be located to the west and the remaining two shall be located either to the north or south of the permittee's wells. The locations and depths of these wells shall have District concurrence. A continuous water level recording device shall be installed on one of these wells which shall be specified by the District. These wells shall be installed within 60 days of the date of permit issuance. If within 30 days after permit issuance the permittee is unable to get the permission of the owner of the property on whose land the District has indicated an observation well should be installed, then the permittee may commence pumping without the installation of that well. If, during this 30 day period, the owner of the property on which an observation well is proposed to be installed refuses to give permission for that installation, then the District may indicate acceptable alternative sites for that well.

   8. Hydrographs from the recording device on

      one of the observation wells and from weekly hand-measured water levels on the remaining observation wells shall be submitted to the District on a monthly basis. This data shall be submitted in the month following the period of record. All water level data shall be measured and recorded to the nearest hundredth of a foot and referenced to mean sea level.

   9. All existing Floridan wells located on the applicant's properties must be abandoned in accordance with the current applicable standards of the Department of Environmental Regulation. Abandonment procedures must be carried out within 6 months of the date of issuance of this permit. No Floridan well need be abandoned so long as it is being used.

   10. An officer of the Lost Tree Village Corporation shall submit with each report required by the District a sworn and acknowledged affidavit that the report reflects the actual measurements or readings taken.

   11. The permittee shall obtain a water sample from a pumping well at the Wabasso well field

       site once a month, within five days of the end of the month. This sample shall be analyzed for chloride content, and the results reported to the District within 14 calendar days after collection. Should the District determine that a significant change has occurred in the chloride content of the water being withdrawn from the Wabasso well field, the District shall initiate a new review of the application.

   12. Upon installation of the observation wells, a water sample shall be obtained from these wells and analyzed for the following parameters:

       Chloride Calcium

       Total Dissolved Solids Magnesium Conductivity Sodium

       Sulfate Bicarbonate

       This analysis shall be submitted to the District with 14 days after collection. During the last five days of the months of May and November of each year, during the duration of this permit, the permittee shall obtain one water sample from each of the installed observation wells. These samples shall be analyzed for chloride content, and the results reported to the District within

       14 days after collection.

   13. The water allocated by this permit is strictly for golf course irrigation.

   14. The permittee must furnish a bond in the amount of $25,000.00 to assure complete compliance with the terms of the permit.

DONE AND ORDERED at a Public Meeting held in West Palm Beach, Florida this the 16th day of December 1976.

CENTRAL AND SOUTHERN FLORIDA FLOOD

CONTROL DISTRICT, By its Governing Board

(Corporate Seal) By Chairman

ATTEST:

By Secretary

Docket for Case No: 76-001348

Orders for Case No: 76-001348