STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: JOHN A. KLEIN ) CASE NO. 75-501 CONSUMPTIVE-USE PERMIT APPLICATION ) APPLICATION NO. 7500046

)

RECOMMENDED ORDER

After due notice a public hearing was held before Delphene C. Strickland, Hearing Officer, Department of Administration, Division of Administrative Hearings, on June 18, 1975, at 10:00 a.m. in Bartow, Florida, in the Bartow Office of the Southwest Florida Water Management District.

APPEARANCES

For Applicant: John A. Klein

For Permittee: J. T. Ahern, Staff Attorney Witnesses: George Szell, Hydrologist

Hildred Haight, P.E.

ISSUE

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

FINDINGS OF FACT

1. Application No. 7500046 requested water from one (1) well for the purpose of irrigation which is an existing use.

   
   

2. The center of withdrawals will be located at Latitude 27 degrees 30' 6" North, Longitude 81 degrees 44' 54" West in Hardee County, Florida. Total continuous acreage is 80 acres.

   
   

3. Use is for not more than 15,000,000 gallons of water per year and not more than 1,152,000 gallons of water during any single day to be withdrawn from the Florida Aquifer.

   
   

4. Notice was published in a newspaper of general circulation, to-wit: The Herald-Advocate, on May 29 and June 5, 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, copy of the Notice and affidavit of publication were received without objection and entered into evidence as Exhibit 1.

   
   

6. No letters of objection were received.

   
   

7. The applicant has previously written a letter requesting the application to be changed from 15,000,000 gallons to 30,000,000 gallons of water

   per year. He stated that he wished to amend the application to increase it by that amount.

   
   

8. The witnesses were duly sworn and agreement was reached on each point enumerated as required by Rule 16J-2.11, Rules of the Southwest Florida Water Management District and Chapter 373, Florida Statutes, as pertained to the application on hand.

   
   

9. The staff recommended that the application for the amount of water requested be granted but that the additional amount requested by applicant by letter of June 8, 1975, to the Southwest Florida Water Management District be denied inasmuch as said amount would exceed the water crop principle.

   
   

   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. The request to amend the application at the hearing and by the aforesaid letter should be denied inasmuch as there has been no publication for this increased amount of water and for the reason that the witness for the Permittee has stated that the additional amount would exceed the water crop.

RECOMMENDED ORDER

Grant Application No. 7500046 for a consumptive-use permit for the quantities of water applied for which is an existing use.

August 22, 1975.

DELPHENE C. STRICKLAND

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

J. T. Ahern, Staff Attorney George Szell, Hydrologist John A. Klein, Applican

Docket for Case No: 75-000501

Orders for Case No: 75-000501