STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CENTURY UTILITIES, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1632

) CENTRAL AND SOUTHERN FLORIDA ) FLOOD CONTROL DISTRICT, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to proper notice, an administrative hearing was held before Diane

1. Tremor, Hearing Officer, Division of Administrative Hearings, on September 11, 1975, in the Flood Control District Auditorium at 901 Evernia Street, West Palm Beach, Florida.

   
   

   APPEARANCES

   
   

   For Petitioner: Martin Perry, Attorney.

   Robert H. Fowler, Engineering Consultant.

   
   

   For Respondent: Stephen Walker, Esquire, Attorney

   Gerry Winter, Hydrogeologist FINDINGS OF FACT

   1. Application No. 22058, as amended by a letter dated July 24, 1975, from Mr. Robert H. Fowler, requests a water use permit for the withdrawal of water by a private utility company for use as a public water supply. Received into evidence without objection were the notice of public hearing appearing in The Palm Beach Post, West Palm Beach, Florida, the application in question, letters to Robert T. Langford from Robert H. Fowler dated July 1, July 24 and September 5, 1975, the Staff Report and the Addendum to the Staff Report of the Central and Southern Florida Flood Control District (FCD).

      
      

   2. The original application sought 730 million gallons per year to be used for public water supply purposes for an area eventually consisting of 1,015 acres, with a maximum daily diversion of two million gallons. Subsequent correspondence amended the application by including an additional well. The Staff Report, as amended, recommended an annual allocation of 594 million gallons, with a maximum daily diversion of 2.45 million gallons and a maximum installed capacity of 2,825 gpm existing. The Staff Report and Addendum to Staff Report are attached hereto.

      
      

   3. The applicant stated no objection to the Staff Report, as amended, although the applicant did state that if additional demands up to one million gallons per day occur, it would like to avoid formal public hearings or prolonged application procedures.

   4. Mr. Gerry Winter, a hydrogeologist with the FCD, testified that he reviewed the subject application and prepared the Staff Report and the Addendum thereto, and testified as to the contents thereof. Considering the factors of reasonable and beneficial use and whether the use represents possible harm to other users or resources, it was determined that the diversion requested did not represent a reasonable use with respect to the resource since recharge would be exceeded by discharge if the presently undeveloped area with its potential water demand is taken into consideration. Thus, it was recommended that the total annual diversion which should be granted is 438 million gallons (the existing average yearly demand) plus 156 million gallons (the available recharge over the proposed service area), for a total of 594 million gallons for both areas to be served by this facility. It was further recommended that the maximum daily diversion be 2.45 million gallons, that the maximum installed capacity with an additional well be 2,825 gallons per minute and that the permit be issued for a period of ten years. The recommendation included the conditions that the applicant submit quarterly reports to the FCD of monthly pumpage along with the population served for the same time period; submit completion reports on all existing wells within 30 days of the issuance of the permit; and conform the water quality of all wells to the current health department standards.

      
      

      CONCLUSIONS OF LAW

      
      

   5. The application at issue herein has been fully reviewed and evaluated by the technical staff of the Central and South Florida Flood Control District.

      
      

   6. The procedural requirements of Ch. 373, Florida Statutes, and the rules promulgated pursuant thereto have been complied with as they pertain to this application.

      
      

   7. The reports of the applicant and of the FCD, as well as the testimony presented at the hearing, reflect recommended uses which are reasonable and beneficial, will not interfere with any legal use of water and are consistent with the public interest, all in accordance with Chapter 373 of the Florida Statutes and Chapter 16K of the Florida Administrative Code.

RECOMMENDATION

Based upon the above findings of fact and conclusions of law, it is recommended that the permit requested be issued in accordance with the allotments and conditions set forth in the Staff Report and the Addendum to Staff Report attached hereto.

Respectfully submitted this 7th day of October, 1975, in Tallahassee, Florida.

DIANE D. TREMOR, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Stephen A. Walker, Esquire Attorney for the Central and Southern Florida Flood Control District

P.O. Box V

West Palm Beach, Florida

Mr. Robert H. Fowler, P.E.

110 Lakeview Building

North Palm Beach, Florida 33408

Docket for Case No: 75-001632

Orders for Case No: 75-001632