STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: PAT NATHE GROVES, INC., ) CONSUMPTIVE USE PERMIT APPLICATION, )

NO. 7500020, SOUTHWEST FLORIDA WATER ) CASE NO. 75-545 MANAGEMENT DISTRICT, )

)

RECOMMENDED ORDER

After due notice, an administrative hearing was held on May 19, 1975, before Chris H. Bentley, Hearing Officer, Division of Administrative Hearings at the District headquarters, Southwest Florida Water Management District, Brooksville, Florida.

APPEARANCES

Mr. Jay T. Ahern, Esquire, Southwest Florida Water Management District.

Mr. James P. Nathe, Pat Nathe Groves, Inc. (President)

FINDINGS OF FACT

1. Mr. George Szell was presented by the Southwest Florida Water Management District and sworn as a witness. Mr. Szell was qualified and accepted as an expert hydrogeologist employed by the District. Included within Mr. Szell's responsibilities to the District were evaluations of the subject application. An application for consumptive water use permit has been filed in proper form by Pat Nathe Groves, Inc., and admitted into evidence as Exhibit A. The water source is an existing well located on a 134-acre tract of land in Pasco County within the Withlacoochee Basin, as shown by Exhibit A. The water is to be used for irrigation purposes. The maximum daily withdrawal sought is 720,000 gallons and the average daily withdrawal sought is 130.192 gallons. Proper notice of this proceeding and application have been given to all persons entitled thereto by statute and rule. No objections to the application have been received by the District. The request of 130.192 gallons average daily withdrawal is approximagely 81.96 percent of the maximum average daily withdrawal allowed by the water crop theory set forth in Section 16J-2.11(3),

   F.A.C. Therefore, the requested withdrawal is not violative of the consumptive use test. Pursuant to Mr. Szell's testimony, none of the matters set forth in Subsections 16J-2.11(2), (3), and (4) exist so as to require the denial of this permit.

   
   

   CONCLUSIONS OF LAW

   
   

2. The procedural requirements of Chapter 373, Florida Statutes, and the rules promulgated pursuant thereto, have been complied with as they pertain to this application. The statutory requirements for the issuance of a consumptive water use permit have been met.

RECOMMENDED ORDER

It is recommended that Application No. 7500020, submitted by Pat Nathe Groves, Inc., Route 2, Box 132,, Dade City, Florida 33525, for a consumptive water use permit be granted, without condition, in the amount set forth in the application.

Entered this 28th day of July, 1975, in Tallahassee, Florida.

CHRIS H. BENTLEY, Director

Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Jay T. Ahern, Esquire Staff Attorney Southwest Florida Water

Management District

P. 0. Box 457

Brooksville, Florida 33501

Pat Nathe Groves, Inc. Route 2, Box 132

Dade City, Florida 33525

Docket for Case No: 75-000545

Orders for Case No: 75-000545