STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: )

) COCA COLA COMPANY, CONSUMPTIVE )

USE PERMIT APPLICATION ) CASE NO. 76-1736 NO. 76-00493, 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: Ted Hong

FINDINGS OF FACT

1. Application No. 76-00493 is for an existing consumptive use permit for five wells located in the Peace River Basin, Polk County on 608.6 acres. The permit seeks a total average annual withdrawal of 7.2 million gallons per day and a maximum daily withdrawal of 14.97 million gallons per day. Ninety-five percent of the water withdrawal will be used for industrial purposes and five percent will be used for irrigation.

   
   

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 the application except that well located at Latitude 28 degrees 03' 13", Longitude 81 degrees 47' 54".

   2. That the applicant shall record the pumpage from the above meters on a weekly basis and submit a record of that pumpage quarterly to the district beginning 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 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 be granted in the amounts applied for in Application No. 76-00493 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

Coca Cola Company Post Office Box 247

Auburndale, Florida 33823

Docket for Case No: 76-001736

Orders for Case No: 76-001736