STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: GROVELAND DEVELOPMENTS, INC. ) CASE NO. 75-1064 CONSUMPTIVE-USE PERMIT APPLICATION ) APPLICATION NO. 7500050

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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: Frank Ripa, Housel & Martinez,

Consulting Engineers

For Permittee: J. T. Ahern, Staff Attorney

Witness: George Szell, Hydrologist, Permit Section ISSUE

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

FINDINGS OF FACT

1. Application No. 7500050 requested water from one (1) withdrawal point. Said withdrawal is for public supply. This application is for an existing use.

   
   

2. The center of withdrawals will be located at Latitude 28 degrees 07' 49" North, Longitude 82 degrees 26' 22" West in Hillsborough County, Florida.

   
   

3. Total continuous acreage is 59.4 acres.

   
   

4. The use is for not more than 29,000,000 gallons of water per year and not more than 91,650 gallons of water during any single day to be drawn from the Floridian Aquifer.

   
   

5. Notice was published in a newspaper of general circulation, to-wit: The Tampa Tribune in the issues of May 28 and June 4, 1975, pursuant to Section 373.146, Florida Statutes. Notices of said public hearing were duly sent by certified mail as required by law.

   
   

6. The application and map of the premises, the legal description, the receipt of certified nail, the copy of the Notice and the affidavit of publication were received without objection and marked Exhibit 1.

   
   

7. Copy of the franchise application to the Health Department regarding the laboratory analysis on the public water supply was introduced into evidence and received without objection and marked Exhibit 2.

8. The parties agreed to file a joint stipulation as follows:

   
   

   1. The agreement that a flow meter be installed.

   2. That monthly readings be submitted to the District staff at the Headquarters office.

   3. That applicant supply evidence that the individual lots will be restricted from having private wells.

      
      

      A copy of the joint stipulation was received by the Division of Administrative Hearings on July 14, 1975. Said stipulation encompassed the following:

      
      

      1. That applicant, Groveland Developments, Inc. install a flow meter of the propeller type on the well; take monthly readings, and send them into the District monthly.

      
      

      Said stipulation did not encompass the third (3rd) condition agreed to at the hearing, to-wit: That evidence would be supplied that individual lots to be developed in conjunction with this application be restricted from having private wells thereon.

      
      

9. 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.

   
   

   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 or to modify the application for a consumptive-use permit as requested.

RECOMMENDATION

Grant Application No. 7500050 for a consumptive-us permit for the quantities of water applied for conditioned upon the items enumerated in the joint stipulation and further conditioned upon the submission by the applicant evidence showing that the individual lots will be restricted from having private wells thereon.

August 22, 1975

DELPHENE C. STRICKLAND

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

1. T. Ahern, Esquire Staff Attorney southwest Florida Water

   Management District Post Office Box 457

   Brooksville, Florida 33512

   
   

   Mr. George Szell, Hydrologist Permit Section

   Southwest Florida Water Management District

   Post Office Box 457 Brooksville, Florida 33512

   
   

   Groveland Developments, Inc. Post Office Box 578

   Lutz, Florida 33549

   
   

   Mr. Frank Ripa

   Housel & Martinez, Inc.

   Consulting Engineers and Land Surveyors Post Office Box 9215

   Tampa, Florida 33674

   
   

   Attachment to the Recommended Order STATE OF FLORIDA

   DIVISION OF ADMINISTRATIVE HEARINGS

   
   

   IN RE: GROVELAND DEVELOPMENTS, INC. ) CASE NO. 75-1064 CONSUMPTIVE-USE PERMIT APPLICATION ) APPLICATION NO. 7500050

   )

   
   

   JOINT STIPULATION

   
   

   An application being filed by Groveland Developments, Inc. for a Consumptive Use Permit pursuant to Chapter 16J-2, Florida Administrative Code, from the Southwest Florida Water Management District; and a hearing being held on June 18, 1975 on said application in which the staff of the District recommends the application for the Consumptive Use Permit be granted upon certain conditions and Frank Ripa of Housel & Martinez, Inc. appearing on behalf of the applicant agrees to accept as conditions in the permit the following:

   
   

   1. That applicant, Groveland Developments, Inc. install a flow meter of the propeller type on the well; take monthly readings, and send them into the District monthly.

The above conditions are agreed to and are to be made a part of the Hearing Officers report on the above referenced matter.

GEORGE P. SZELL, Staff Hydrologist SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

FRANK RIPA, Housel & Martinez, Inc. FOR GROVELAND DEVELOPMENTS, INC.

Docket for Case No: 75-001064

Orders for Case No: 75-001064