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LYKES PASCO PACKING COMPANY vs. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL, 76-001735 (1976)

Court: Division of Administrative Hearings, Florida Number: 76-001735 Visitors: 42
Judges: CHRIS H. BENTLEY
Agency: Water Management Districts
Latest Update: Jun. 15, 1977
Summary: Use permit for water granted with conditions of a time limit, propeller driven flow meter, and weekly reports on pumpage amounts.
76-1735.PDF

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


IN RE: )

) LYKES PASCO PACKING COMPANY, )

CONSUMPTIVE USE PERMIT ) CASE NO. 76-1735

APPLICATION NO. 76-00451, )

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 Florida

Water Management District: Jay T. Ahern, Esquire For the Applicant: Mr. Norvell Hunt

FINDINGS OF FACT


  1. Application No. 76-00451 seeks a consumptive water use permit for an existing use involving 14 withdrawal points. The application seeks a total average annual withdrawal of 20.2584 million gallons per day and a maximum daily withdrawal of 45.8539 million gallons per day. The water will be used for citrus processing.


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


    1. That the applicant shall install totalizing flow meters of the

      propeller-driven type on all withdrawal points covered by this permit.


    2. That the applicant shall record the pumpage from the above-referenced meters on a weekly basis and submit a record of that pumpage to the district quarterly, beginning on January 15, 1977.


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


      CONCLUSIONS OF LAW

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


  4. 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 the amounts and from the points set forth in the application be granted subject to the conditions set forth in paragraph 2 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 Southwest Florida Water Management District Post Office Box 457

Brooksville, Florida 33512


Lykes Pasco Packing Company Post Office Box 97

Dade City, Florida


Docket for Case No: 76-001735
Issue Date Proceedings
Jun. 15, 1977 Final Order filed.
Oct. 13, 1976 Recommended Order sent out. CASE CLOSED.

Orders for Case No: 76-001735
Issue Date Document Summary
Nov. 03, 1976 Agency Final Order
Oct. 13, 1976 Recommended Order Use permit for water granted with conditions of a time limit, propeller driven flow meter, and weekly reports on pumpage amounts.
Source:  Florida - Division of Administrative Hearings

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