STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: CITY OF NEW PORT RICHEY ) CONSUMPTIVE USE PERMIT APPLICAITON, )

NO. 7500027, SOUTHWEST FLORIDA WATER ) CASE NO. 75-1301 MANAGEMENT DISTRICT, )

)

RECOMMENDED ORDER

After due notice, an administrative hearing was held on July 29, 1975, before Stephen F. Dean, Hearing Officer, Division of Administrative Hearings, at the District Headquarters, Southwest Florida Water Management District, Brooksville, Florida.

APPEARANCES

J. T. Ahern, Esquire, Southwest Florida Water Management District.

Ronald D. McCall, Esquire Representing Pottberg Agriculture, Enterprises, opposing the application.

William Maytum, City Councilman, City of New Port Richey, present on behalf of the City of New Port Richey.

FINDINGS OF FACT

1. Ms. Terry Vandell was presented by the Southwest Florida Water Management District and sworn as a witness. Ms. Vandell was qualified and accepted as an expert hydrogeologist employed by the District. Included within Ms. Vandell's responsibilities to the District were evaluation of the subject application. An application for consumptive use permit has been filed, in proper form by the City of New Port Richey and this application was admitted into evidence as Exhibit 1. The water source is am existing well located on 2 acres, Pasco County, Florida, as described in Exhibit 1. The water is to be used by the City of New Port Richey for their public water supply. The maximum daily withdrawal sought is 1,000,000 gallons and the average daily withdrawal sought is 500,000 gallons. Proper notice of this proceeding and application has been given to all persons entitled there to by statute and rule. Mr. Rick Pottberg, appearing in opposition to the application, testified that he had lived in the Pasco County area on a temporary basis from 1955 to 1961 and had lived in the area continuously from 1961 until 1975. Mr. Pottberg was President of Pottberg Agricultural, Enterprises, a large land owner immediately north of the well site. Mr. Pottberg is also a member of the Florida Cattlemen's Association Environmental Committee. Mr. Pottberg testified that over the last ten years there has been a reduction in flow of streams within the area and that many existing ponds had dried up or their water level had dropped during this period. The lack of water had caused the pasture grasses to become impoverished and lowered the number of cattle that could be supported on an acre of land.

   Mr. Pottberg testified that the few wells existing on his property were used for individual water requirements, but not used to water pastures or to water livestock raising therefrom. Ms. Vandell testified that none of the matters set

   forth in Subsection 16J-2.11(2), (3), and (4), F.A.C. except that the use exceeded the water crop of the land exist so as to require the denial of the permit. Ms. Vandell testified that during the last ten years there has been a climatic drought in which the average rainfall has been less in eight of the years than the average rainfall computed over a period of time beginning in the 1800's. Ms. Vandell further testified that the major concern with regard to granting the application was the possibility of salt water intrusion. To provide an early warning of such intrusion it was recommended that the applicant agreed to establish a salt water intrusion monitoring system as outlined in Exhibit 1. Ms. Vandell further testified that the intended purpose of this well was to meet peak needs and that as the City of New Port Richey's Starkey Well Field came on line, that this well would be used solely for that purpose. Ms.

   Vandell testified that the studies regarding the use of the well, however, had been based upon it continuous use. She also testified that recharge of waters

   `used at this time was economically not feasible with regard to the one well, but that it was good water management practice to shift the source of water for the City of New Port Richey to the east in the area of the Starkey Well Field and to abandon the wells currently in use near the coast. This practice would prevent salt water intrusion in the coastal region. The consumptive use of waters by the City of New Port Richey applied for would be reasonable and beneficial, would be consistent with the public interest, and would not interfer with any legal use of the water existing at the time of the application. A letter of objection from Mr. Ronald D. McCall representing Mr. Pottberg was received as Exhibit 2.

   
   

   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 a consumptive use permit have been net with the exception that the use exceeds the water crop.

RECOMMENDATION

It is recommended that the Board waive the provisions of Section 16J- 2.11(3), F.A.C., and further that Application No. 7500027 submitted by the City of New Port Richey, City Hall, 320 East Main Street, New Port Richey, Florida, be granted for a maximum daily withdrawal of 1,000,000 gallons and an average daily withdrawal of 500,000 gallons subject to the conditions recommended by the District Staff of a salt water intrusion monitoring system in Exhibit 1.

Entered this 5th day of August, 1975, inn Tallahassee, Florida.

STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

J. T. Ahern, Esquire Staff Counsel

Southwest Florida Water Management District

Post Office Box 457 Brooksville, Florida 33501

Ronald D. McCall, Esquire F0WLER, WHITE, GILLEN, HOGGS,

VILLAREAL and BANKER, P.A.

Post Office Box 143B Tampa, Florida 33601

Mr. William Maytum City Councilman

City of New Port Richey New Port Richey, Florida

Docket for Case No: 75-001301

Orders for Case No: 75-001301