STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: AMERICAN ORANGE CORPORATION ) CASE NO. 75-1578 CONSUMPTIVE USE PERMIT APPLICATION ) APPLICATION NO. 7500012

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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 September 3, 1975, at 6:00 p.m. in Brooksville, Florida, in the Board Room, district Headquarters, Southwest Florida Water Management District,

1. 41 South, Hernando County, Florida.

   
   

   APPEARANCES

   
   

   For Applicant: Mr. R. D. Alexander

   
   

   For Permittee: J. T. Ahern, Staff Attorney Witness: Barbara Boatwright, Hydrologist

   ISSUE

   
   

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

   
   

   FINDINGS OF FACT

   
   

   1. Application No. 7500112 requested water from three (3) wells for the purpose of industrial use. This application is for a new use.

      
      

   2. The center of withdrawals will be located at Latitude 27 degrees 38' 58" North, Longitude 81 degrees 48' 21" West, in Hardee County, Florida.

      
      

   3. The application is for the use of not more than 470 million gallons of water per year and not more than 2,592,000 gallons of water during any single day to be withdrawn from the Florida Aquifer. Application received as Exhibit 1.

      
      

   4. Notice was published in a newspaper of general circulation, to-wit: The Herald Advocate, published weekly in Wauchula, Florida, on August 7 and 14, 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 affidavit of publication was received without objection and entered into evidence as Exhibit 2.

      
      

   6. Letters of objection were received from the following: Mr. Joseph F. Smith, Route 1, Box 238, Wauchula, Florida 33273. Mr. Smith states that in his opinion such withdrawal of water will severely damage his property. He is developing a mobile home park on eight (8) acres and is fearful that the amount of water requested in this application will diminish his supply of water for his

      project. A letter from Mr. and Mrs. A. H. Van Dyck, written on August 16, 1975, Route 2, Box 657, Wauchula, Florida 33873. They are fearful that the large amount of water American Orange Corporation proposes to pump each day will affect their shallow well which provides water for their home. They would like to see some type of agreement whereby American Orange Corporation would be willing to pay for replacement of the well if the corporation should cause their well to go dry. Mr. Stanley H. Beck, Counselor at Law, wrote a letter in behalf of his client, Harold Beck, requesting information as to the applicable statutes and regulations which affect the matter of the consumptive use permit. A telegram was sent by Harold Beck of Suite 1021, Rivergate Plaza, Miami 33131, stating that he objected to the application of American Orange Corporation's withdrawal of water or the reason that it would reduce the property value.

      
      

   7. The witness for the permittee is Barbara Boatwright, hydrologist, who was 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. The staff hydrologist recommended that the permit be granted with two (2) conditions. One was that each of the wells be metered and two, that the District receive monthly reports from each meter. The applicant has consented.

      
      

      CONCLUSIONS OF LAW

      
      

   8. The parities 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 Florid a Water Management District to grant the application for a consumptive use permit as requested.

RECOMMENDED ORDER

Grant Application No. 75001112 for a consumptive use permit with the condition that the application install water meters on each of the wells and submit monthly reports to the Southwest Florida Water Management District in connection with the usage.

October 16, 1975 (date) DELPHENE C. STRICKLAND

Hearing Officer

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

(904) 488-9675

Docket for Case No: 75-001578

Orders for Case No: 75-001578