STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CITY OF NEW PORT RICHEY, )

)

Petitioner, )

)

vs. ) CASE NO. 75-252

) Application No. 7500013

SOUTHWEST FLORIDA WATER )

MANAGEMENT DISTRICT, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held pursuant to notice on February 10, 1976, at the District Headquarters of the Southwest Florida Water Management District in Brooksville, Florida, before Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings.

APPEARANCES

For Petitioner: Jack B. McPherson, Esquire

City Attorney

City of New Port Richey

320 East Main Street

New Port Richey, Florida 33552

For Respondent: Jay T. Ahern, Esquire

Staff Attorney Southwest Florida Water

Management District Post Office Box 457

Brooksville, Florida 33512 ISSUE

Whether a consumptive use permit for the quantifies of water applied for should be granted.

SUMMARY OF EVIDENCE

Terry Vandell, a hydrologist employed by the Southwest Florida Water Management District, was called and testified to the following facts regarding this application.

The application requests 4 MGD from four (4) wells located within the Starkey Well Field, four (4) miles east of New Port Richey. The effects of granting the application would not cause any of the conditions stated in Rule 16J-2.22(2), F.A.C. The use would not violate any of the conditions stated in Rule 16J-2.11(4), F.A.C.

The use, according to Vandell, would not exceed the water crop, however, the staff data presented indicates the acreage concerned to be 541.4 acres.

Using he daily average 1,000 GPD based upon Rule 16J-2.11(3), F.A.C., the daily water crop would be 541,400 GPD. This application for 4 MGPD would exceed the water crop by over seven (7) times.

The major staff concern was possible salt water intrusion, because of which Vandell recommended the following conditions:

Conditions:

1. Application be reduced from 5 MGD to 4 MGD, to which New Port Richey has agreed;

   
   

2. Limit permit to 3.5 years;

   
   

3. Limit pumping of old wells;

   
   

4. The chloride testing program outlined by the Southwest Florida Water Management District staff he implemented;

   
   

5. Continued operation in accordance with existing agreements during period of permit.

William Maytum, City Councilman of New Port Richey, testified for the applicant and provided the following facts:

The City of New Port Richey's existing wells are close to the coast and are currently endangered by salt water intrusion. New Port Richey has a population of 15,000 and the City has agreements to provide water services to persons in the area bounded by blue in Exhibit 4. The water usage for each person is generally acknowledged to be 125 gallons per day.

The City would want to retain its existing tells, pumping some 1.5 MGD to insure they are clean and functioning. These wells powered by gas or diesel pumps would constitute reserve for peak demand and for emergencies when electrical power is lost.

The City currently pumps 2.5 to 3 MGD from the old wells. A permit for another well located in the Starkey Well Fie d has already been approved for 1 MGD.

FINDINGS OF FACT

1. The Hearing Officer finds that if this request was approved, and pumpage reduced at the old wells to 1.5 MGD that together with the 1 MGD well New Port Richey would have permits totaling 6.5 MGD. Considering a service area population of 20,000 people, this would be 300 gallons of water per person per day in the service area, or over two (2) time1s the generally accepted per capita usage.

   
   

2. While the Hearing Officer recognizes the desirability of shifting the water sources for the coastal area further inland and the desirability for the City to have emergency water pumping capacity, the per capita quantities involved in New Port Richey total water resource program are out of line and are unjustifiable in light of current and even projected needs within the 3.5 year period of this permit. Many solutions exist to emergency pumping, not the least

   of which is installation of gas or diesel anxillary pumps at least one of the Starkey wells.

   
   

3. The Hearing Officer would note that salt water intrusion is an important basis for approval of the Starkey Well Field applications, and that pumping 1.5 MGD from the old wells will not allow the full benefit to the coastal water supply to be achieved. Continued salt water intrusion will work a hardship on all well owners in the New Port Richey area.

   
   

4. The Hearing Officer is also aware, having heard the case, of the application of the 1 MGD well at Starkey Well Field. Part of the justification for approval of that application was that it would be used to meet peak demands when this instant application was approved. (See Hearing Officer's Recommended Order dated August 5, 1976.) Together with the old wells, this would provide 2.5 MGD for peak usage, or an amount equal to the daily per capita needs for 20,000 people, over and above the 4 MGD requested in this application.

   
   

5. The Hearing Officer further notes that an objection to this current application was filed in behalf of an adjacent landowner. There is no indication within the file provided the Hearing Officer that this landowner received notice of the instant hearing by letter or publication.

   
   

   CONCLUSIONS OF LAW

   
   

6. The data in the record is clear that the acreage involved is 541.4. Rule 16J-2.11(3), F.A.C., provides for the computation of water crop, unless it has been otherwise determined (no evidence exists that it has), at 365,000 gallons per acre per year. This results in 1,000 gallons per day which results in a computed water crop of 541,400 per day. This obviously is less than the 4 MGD requested. The Hearing Officer therefore finds that the use would violated Rule 16J-2.11(3), F.A.C., placing the burden upon New Port Richey to show good cause why its permit should be granted. In light of the total permit figure of

6.5 MGD, which would result from approval of this application and which vastly exceeds the city service area's needs, the Hearing Officer does not find the public's interest served by granting the instant application.

RECOMMENDATION

The Hearing Officer having considered the law and the evidence recommends the denial of this application, and further, in the absence of any proof of notice to the objecting adjacent landowner, the Hearing Officer recommends that the Board permit him to present any evidence which he feels is relevant at its consideration of this application.

DONE and ORDERED this 27th day of February, 1976.

STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Jay T. Ahern, Esquire Counsel for SWFWMD

Jack B. McPherson Esquire

Counsel for City of New Port Richey

Docket for Case No: 75-000252

Orders for Case No: 75-000252