STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: )

) FLORIDA ROCK INDUSTRIES, INC., )

CONSUMPTIVE WATER USE PERMIT NO. ) CASE NO. 76-1732 76-00292, SOUTHWEST FLORIDA WATER )

MANAGEMENT DISTRICT )

)

RECOMMENDED ORDER

After due and proper notice, an administrative hearing was held on September 21, 1976, before the undersigned 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: Don Darly

FINDINGS OF FACT

1. Application No. 76-00292 is for a consumptive use permit for one well located in the Green Swamp, Lake County. The water withdrawn is to be used for industrial purposes.

   
   

2. The application seeks a total withdrawal of 3.642 million gallons per day average annual withdrawal and 5.112 million gallons maximum daily withdrawal. This withdrawal will be from one well and a dredge lake and constitutes in its entirety a new use.

   
   

3. 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 Subsections 16J-2.11(2) , (3) or (4), Florida Administrative Code.

   
   

4. The Southwest Florida Water Management District's staff recommends issuance of a permit with the following conditions:

   
   

   1. That the applicant shall install totalizing flowmeters of the propeller-driven type on the subject well.

      
      

   2. The applicant shall record the pumpage from the subject well on a weekly basis and submit a record of that pumpage to the district quarterly beginning on January 15, 1977.

   3. The permit shall expire on December 31, 1980.

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

   
   

2. The intended consumptive use appears to be 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 water use permit in the amounts and manner sought for by the subject application be issued subject to the conditions set forth in paragraph 3 above.

ENTERED this 5th day of October, 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 Florida Rock Industries, Inc. Staff Attorney Post Office Box 4667 Southwest Florida Water Jacksonville, Florida Management District

Post Office Box 457 Brooksville, Florida 33512

Docket for Case No: 76-001732

Orders for Case No: 76-001732