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CITRUS WORLD, INC. vs. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL, 76-001733 (1976)

Court: Division of Administrative Hearings, Florida Number: 76-001733 Visitors: 16
Judges: CHRIS H. BENTLEY
Agency: Water Management Districts
Latest Update: Jun. 15, 1977
Summary: Water use permit granted for 99% industrial use and conditioner on use of a propeller-driven flow meter and quarterly pumpage reports.
76-1733.PDF

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


IN RE: )

) CITRUS WORLD, INC., CONSUMPTIVE )

USE PERMIT APPLICATION NO. ) CASE NO. 76-1733 76-00408, 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: Mr. Benny Mauldin

FINDINGS OF FACT


  1. Application No. 76-00408 is for an existing water use from six wells. The application seeks a total average annual withdrawal of 3.298 million gallons per day and a maximum daily withdrawal of 9.801 million gallons per day. The wells will be located in the Peace River basin in Polk County. Ninety-nine percent of the water will be used for industrial purposes and one percent of the water will be used for irrigation purposes.


  2. The applied for consumptive use will not violate any of the conditions set forth in Subsection 16J-2.11(2), (3) or (4), Florida Administrative Code.


  3. The Southwest Florida Water Management District's staff recommends granting of the subject permit in the amounts requested with the following conditions:


    1. That the applicant shall install totalizing flowmeters of the

      propeller-driven type on all withdrawal points with the exception of the well to be used for agriculture located at , Latitude 27 degrees

      45 minutes 39 seconds, Longitude 81 degrees

      37 minutes 07 seconds and the fire well located at Latitude 270 54 minutes 39 seconds, Longitude 81 degrees 36 minutes 00 seconds.


    2. The applicant shall submit to the district a record of pumpage for each meter installed in (a) above on a quarterly basis

      beginning January 15, 1977, with the pumpage recorded on a weekly basis.


      CONCLUSIONS OF LAW


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


  5. 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 use permit in accordance with Application No. 76-00408 be issued with the conditions set forth in paragraph 3 above.


ENTERED this 13th 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 Citrus World, Inc.

Staff Attorney Post Office Box 1111 Southwest Florida Water Lake Wales, Florida 33853 Management District

Post Office Box 457 Brooksville, Florida 33512


Docket for Case No: 76-001733
Issue Date Proceedings
Jun. 15, 1977 Final Order filed.
Oct. 13, 1976 Recommended Order sent out. CASE CLOSED.

Orders for Case No: 76-001733
Issue Date Document Summary
Nov. 03, 1976 Agency Final Order
Oct. 13, 1976 Recommended Order Water use permit granted for 99% industrial use and conditioner on use of a propeller-driven flow meter and quarterly pumpage reports.
Source:  Florida - Division of Administrative Hearings

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