STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CITY OF WINTER HAVEN, FLORIDA, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1579

) Application No. 7500096

SOUTHWEST FLORIDA WATER )

MANAGEMENT DISTRICT, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice and following an assignment of this matter to the Division of Administrative Hearings, Department of Administration, by the Southwest Florida Water Management District under provisions of Section 120.57, Florida Statutes, this matter came on to be heard before Delphene C. Strickland, Hearing Officer of the Division of Administrative Hearings, September 3, 1975.

APPEARANCES

For Petitioner: Cecil Thurmond

Assistant Engineer City of Winter Haven

245 22nd Street, Southwest Winter Haven, Florida

For Respondent: Jay T. Ahern, Esquire

Staff Counsel

Southwest Florida Water Management District

Post Office Box 457 Brooksville, Florida 33512

ISSUE

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

FINDINGS OF FACT

1. Applicant, City of Winter Haven, submitted application No. 7500096 for a consumptive-use permit for an average daily withdrawal of 18 million gallons to be withdrawn from the Florida Aquifer in Polk County, Florida. The application is for an existing use and withdrawal is for public supply from twelve (12) withdrawal points. The center of withdrawls will be located at Latitude 25 degrees 01' 40" North, Longitude 81 degrees 43' 54" West in Polk County, Florida.

2. Notice of the September 3, 1975 hearing was published in a newspaper of general circulation, to-wit: The Lakeland Ledger, published daily in Lakeland, Florida, on August 9 and 16, 1975, pursuant to Section 373.146, Florida Statutes. Notices of said public hearing were duly sent by certified mail as required by law.

   
   

3. The application and map of the premises, the legal description, receipt of certified mail, copy of notice, and the affidavit of publication were received without objection and entered into evidence.

   
   

4. No letters of objection were received, however, at the hearing the recommendation for granting the permit was conditioned upon certain things being done by the City and Mr. Cecil Thurmond, the Assistant City Engineer for the City of Winter Haven, and Mr. Jegg McKibbon, Assistant County Attorney for Polk County, objected to the conditions and it was decided that this Recommended Order would not be issued until the parties could agree and stipulate on conditions to be met by the permittee. The stipulations were entered into and are attached together with pertinent maps to this report and made a part hereof.

   
   

   CONCLUSIONS OF LAW

   
   

5. 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 upon the conditions as follows:

   
   

   1. Totalizing flow meters will be installed on all production wells, monthly flow meter reports will be submitted in writing to the District on April 15, July 15, October 15 and January 15, for each respective proceeding quarter.

      
      

   2. The permit will expire on December 31, 1980.

RECOMMENDATION

Grant the requested consumptive-use permit as requested. DONE and ORDERED this 29th day of March, 1976.

DELPHENE C. STRICKLAND

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

Mr. Cecil Thurmond Assistant Engineer City of Winter Haven

245 22nd Street, S.W. Winter Haven, Florida

Jay T. Ahern, Esquire Staff Counsel

Southwest Florida Water Management District

Post Office Box 457 Brooksville, Florida 33512

STIPULATIONS

CITY OF LAKELAND #7500098 and CITY OF WINTER HAVEN #7500096

1. Totalizing flow meters will be installed on all production wells, monthly flow meter reports will be submitted in writing to the District On April 15, July 15, October 15 and January 15, for each respective proceeding quarter.

   
   

2. The permit will expire On December 31, 1980.

Docket for Case No: 75-001579

Orders for Case No: 75-001579