STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: U.S. STEEL CORPORATION )

CONSUMPTIVE-USE PERMIT ) CASE NO. 75-315 APPLICATION ) APPLICATION NO. 7500022

)

RECOMMENDED ORDER

After due notice a public hearing was held before Delphene Strickland, Hearing Officer, Department of Administration, Division of Administrative Hearings, on June 2, 1975, at 9:30 a.m. in Brooksville, Florida, in the Board Room, District Headquarters Southwest Florida Water Management District, U.S. 41 South, Hernando County.

APPEARANCES

Applicant: Harry Phillips, Golf Course Superintendent Robert Hill, Project Engineer

Permittee: J. T. Ahern, Staff Attorney

Witness: George Szell, Hydrologist, Permit Section Hildred Haight, P.E.

ISSUE

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

FINDINGS OF FACT

1. Application No. 7500022 requested water from three (3) wells for the purpose of drinking and for the purpose of irrigation.

   
   

2. The center of withdrawals will be located at latitude 270 degrees 56' 32" North, longitude 82 degrees 48' 19" West, plus an average of 120,000 gallons per day from a private lake located at latitude 27 degrees 56' 50" North, longitude 82 degrees 48' 11" West in Pinellas County, Florida.

   
   

3. In well "No. 1", used for irrigation, 105,000 gallons per day, average, well "No. 2", 165,000 gallons per day average, used for irrigation; and well "No. 3", 40,000 gallons per day, used for drinking; and the lake 120,000 gallons per day for irrigation.

   
   

4. Notice was published in a newspaper of general circulation, to-wit: The St. Petersburg Times and Evening Independent on April 28 and May 15, 1975, pursuant to Section 373.146, Florida Statutes. Notices of said public hearing were duly sent by certified mail as required by law.

   
   

5. The application and map of the premises, the legal description, the receipt of certified mail, and the copy of the notice were received without objection and entered into evidence as "Exhibit 1".

6. The affidavit of publication was received without objection and entered into evidence as "Exhibit 2".

   
   

7. One letter of objection was received from Mrs. Helen Woolsey and entered into evidence as "Exhibit 3".

   
   

8. Witnesses were duly sworn and agreement was reached on each point enumerated as required by Rule 16J2.11, Rules of the Southwest Florida Water Management District and Chapter 373, Florida Statutes.

   
   

9. The letter of objection was examined by the parties and by the Hearing Officer and was found to be without merit inasmuch as the author was mistaken as to the subject of the hearing.

   
   

   CONCLUSIONS OF LAW

   
   

10. 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 as requested.

RECOMMENDED ORDER

Grant Application No. 7500022 for a consumptive-use permit for the quantities of water applied for which is an existing use.

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, Counsel for the Board

Harry Phillips, Golf Course Superintendent Robert Hill, Project Engineer

Hildred Haight, P.E., SWFWMD

George Szell, Hydrologist, Permit Section

Docket for Case No: 75-000315

Orders for Case No: 75-000315