STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: APPLICATION NO. 20264 ) BY CITY OF DELRAY BEACH )

FOR A WATER USE PERMIT - ) CASE NO. 75-1634 DOCKET NO. 58 )

)

RECOMMENDED ORDER

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

Mr. Roger Saberson

City Attorney for Delray Beach

Mr. John H. Klinch Consulting Engineer for City

Mr. Louis V. Martin Utilities Director for City

Mr. Stephen A. Walker Attorney for Central and

Southern Florida Flood Control District

Mr. Gerry Winter

Hydrology Division, Central and Southern Florida Flood Control District

FINDINGS OF FACT

1. The subject application requests a water use permit from the Central and South Florida Flood Control District (FCD) for use as a public water supply for an area consisting of 12,000 acres. Received into evidence without objection were the notice of public hearing appearing in The Palm Beach Post, West Palm Beach, Florida; Supplementary Report - Water Treatment Plant and Raw Water and Transfer Mains - September, 1970; Water and Sewer Rate

   Study, July, 1971; Water and Sewer Rate Study, January, 1972; Summary Report, Water and Wastewater Program, October, 1972; Comprehensive Report, Water Works Improvements, January, 1965; pages 20, 21 and 24 of Addendum to supplementary report filed with application; letter to J.B. Jackson from James C. Williams dated July 17, 1975; letter to Abe Krietman from John H. Klinch, dated July 31, 1975; letter to J.B. Jackson from J. Eldon Mariott dated July 22, 1975; and the Staff Report of the FCD. The application was a part of the hearing officer's file.

   
   

2. The application requested a diversion (by way of 18 existing and 4 proposed new wells) of 12,293.2 million gallons of ground water a year and a maximum daily diversion of 33.68 million gallons for a fifty year period. The Staff Report, which is attached hereto, recommends the issuance of a five year permit for an annual allocation of 4,668 million gallons, a maximum daily diversion of 25.45 million gallons and a maximum installed field capacity of 20,000 gallons per minute, with certain conditions attached thereto.

   
   

3. Mr. John Klinch, a consulting engineer, testified as to the contents of the application, as revised, which he prepared.

   It was explained that the projected number of proposed new wells did not include the possibility of failure of some of the existing wells, which do show indications of deterioration at this time.

   He further compared the water consumption projections for 1976 with the actual demand of the first half of 1975. Said comparison indicates that the projection was underestimated. Projected for 1976 were 9,000 meters. For the first six months of 1975, there were 8,342 meters. The projected average daily use for 1976 was

   1. million gallons. As of June of 1975, it has exceeded that at

   2. million gallons. The average per capita daily consumption in Delray Beach is approximately 240 gallons. The water consumption projection for the year 1980 is estimated at approximately 25 million gallons per day. Mr. Klinch testified that there had been no problems with salt water or chloride levels in the existing wells.

   
   

4. The next witness called by the applicant was Louis Martin, Director of Public Utilities for the City of Delray Beach. He has never, since October of 1973, had to restrict water use, a fact which he attributes to good water management. In December of 1972 the City Council adopted a bond resolution authorizing the validation of issuance of water and sewer revenue bonds in the amount of $5,000,000.00 to expand the water treatment plant to 24 million gallons per day and to construct four new wells. The bonds were approved by the citizens of Delray Beach.

   
   

5. Other long range plans include the engineering for the enlargement of the sewage treatment plant from 12 to 24 million gallons a day. This, together with the addition of 4 extra wells, is part of a plan whereby the City of Delray Beach would become a regional water center.

   
   

6. Mr. Gerry Winter, a hydrogeologist with the FCD, testified that he evaluated the subject application and prepared the Staff Report in this case, and testified as to its contents. As criteria in evaluating the application, Mr. Winter looked at whether the use was a reasonable and beneficial one and whether the use would present damage to resources or other users. The limiting factor in this particular application was the danger of salt water intrusion. It was recommended that the applicant be required to replace monitoring wells, so that the FCD could obtain valid salt water interface data.

   
   

7. It was determined by Mr. Winter that the diversion requested by the applicant would not be a reasonable use of the water with regard to the resource since the current estimate of recharge will equal discharge by the year 1980. Therefore, it was recommended that a five year permit be issued for a maximum annual diversion of 4,668 billion gallons (such amount being equal to the estimated 1980 demand - an average day demand of 12.79 million gallons - times 365); a maximum daily diversion of 25.45 million gallons; and a total maximum installed field capacity of 20,000 gallons per minute, with certain conditions attached thereto pertaining to reports to the FCD and salinity monitoring wells.

   
   

8. Finally, Mr. Winter testified that, although his report was prepared prior to receipt of the letter from the Palm Beach County Health Department (Exhibit No. 7), the letter was reviewed by the FCD staff and it was considered insignificant to the impact of this application.

   
   

9. Mr. Saberson expressed agreement with the Staff Report.

   
   

   CONCLUSIONS OF LAW

   
   

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

    
    

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

    
    

12. 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 granted in accordance with the recommendations and conditions set forth in the Staff Report.

Respectfully submitted this 8th 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

Post Office Box V

West Palm Beach, Florida

Roger Saberson, Esquire City Attorney

City of Delray Beach

100 North West 1st Avenue Delray Beach, Florida 33444

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AGENCY FINAL ORDER

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CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT

WEST PALM BEACH, FLORIDA

IN THE MATTER OF:

CITY OF DELRAY BEACH CASE NO. 75-1634 APPLICATION NO. 20264

/

ORDER

The Hearing Officer's report came to be heard before the Governing Board of the CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT on the 14th day of November, 1975. After consideration of the Hearing Officer's report, the Governing Board adopts the Hearing Officer's Finding of Facts, Conclusions and recommended order with the following additional condition:

The allocation granted in this permit is based upon the Board's assumption that the City of Delray Beach will provide service for its entire 12,000 acre service area. If the City should continually refuse to serve a significant portion of that service area, the Governing Board will reexamine the allocation granted in light of refusal and may adjust or reduce the allocation accordingly.

DONE and ORDERED at a public meeting held in West Palm Beach, Florida, this 14th day of November, 1975.

ATTEST:

CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT, BY ITS GOVERNING BOARD

BY

Chairman

By Secretary

Docket for Case No: 75-001634

Orders for Case No: 75-001634