STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: LAKE PADGETT ESTATES )

CONSUMPTIVE-USE PERMIT ) CASE NO. 75-308 APPLICATION ) APPLICATION NO. 7500025

)

RECOMMENDED ORDER

After due notice a public hearing was held before Delphene Strickland, Hearing Officer, Department of Administration, Division of Administrative Hearings, on June 3, 1975, at 11:00 a.m. in the Board Room, District Headquarters, Southwest Florida Water Management District, U.S. 41 South, Brooksville, Florida, Hernando County.

APPEARANCES

Applicant: Earl Bessent, Engineer Permittee: J. T. Ahern, Staff Attorney

Witness: George Szell, Hydrologist for the Board

ISSUE

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

FINDINGS OF FACT

1. Applicant, by Application No. 7500025, applied for a consumptive-use permit for an average daily withdrawal of 138,000 gallons of water from one (1) well penetrating the Florida Acquifer. This is an existing use.

   
   

2. Exhibits were entered without objection, as follows:

   
   

   1. Original application with attachments, marked "Exhibit 1".

   2. Proof of Publication, marked "Exhibit 2".

      
      

   3. There were no written objections.

      
      

   4. The witness for permittee, George Szell, Hydrologist, was questioned at length by the staff attorney on issues to be resolved under Chapter 373, Florida Statutes, and the Rules and Regulations promulgated thereunder by the Southwest Florida Water Management District, and particularly Rule 16J-2.11, Conditions for a Consumptive-Use Permit. A typed transcript of the testimony has been examined and made a part of the record for this hearing.

      
      

   5. The witness for the Board, Mr. Szell, objected to the granting of the permit on the grounds that the water crop was exceeded by 3.24 percent.

   6. Upon request of the Hearing Officer, the parties agreed to consider their differences and file a joint stipulation enumerating conditions upon which the parties agree.

      
      

   7. A joint stipulation signed by both parties was filed with the Division is marked "Supplement to the Record" and made a part of this recommended order.

      
      

   8. Mr. Szell recommended that the permit be granted consistent with the conditions in six (6) above.

      
      

      CONCLUSIONS OF LAW

      
      

   9. The parties have properly proceeded under Chapter 373., Florida Statutes, and the rules promulgated pursuant thereto. The testimony heard and documentary evidence received permit the Governing Board of the Southwest Florida Water Management District to grant the application for a consumptive-use permit.

RECOMMENDED ORDER

Grant the requested consumptive-use permit.

July 24, 1975 (date) DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

J. T. Ahern, Esquire Counsel for the Board

George Szell, Hydrologist Permit Section

Earl Bessent, Engineer Hammack & Ruckman

Docket for Case No: 75-000308

Orders for Case No: 75-000308