STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ASCOT GROVES, INC., )

)

Petitioner, )

)

vs. ) CASE NO. 75-1637

) 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, at the Agricultural Center at the Fort Pierce Airport.

   
   

   APPEARANCES

   
   

   For Petitioner: John Moose, General Manager

   
   

   For Respondent: Stephen A. Walker, Esquire, Attorney

   Ronald Glorsky, Hydrology Division FINDINGS OF FACT

   1. The subject applications request permits from the Central and Southern Florida Flood Control District for the agricultural irrigation and drainage of 1,920 acres of citrus lands. Received into evidence without objection were the public notice of hearing appearing in The News Tribune, Fort Pierce, Florida, the three permit applications submitted on behalf of Ascot Groves, Inc, and the Staff Report of the Central and Southern Florida Flood Control District (FCD).

      
      

   2. The amount of water requested by the applications is 2,860 acre-feet per year with a maximum monthly withdrawal of 620 acre-feet. The Staff Report recommended an annual allocation of 1,441.6 acre-feet with a maximum monthly withdrawal of 620.8 acre-feet.

      
      

   3. Mr. John Moose, as a representative for and general manager of the applicant, testified that there was no basic disagreement with the Staff Report prepared by Mr. Ronald Glorsky, a civil engineer with the Hydrology Division of the FCD. Mr. Glorsky was called as a witness by the FCD and testified as to the contents of the, Staff Report, which is attached hereto. The following corrections were made in the Staff Report by Mr. Glorsky:

      
      

      1. On page 1, under subheading "A", second paragraph, second line, the figure should read "620 acre-feet" in lieu of "629

         acre-feet."

      2. On page 4, under paragraph "c", the words

         "acre/feet/year" should read "acre-feet/year."

      3. On page 7, in the last paragraph, "1982.4 acre-feet/year" should read "1662.4

         acre-feet/ year, and "(12.4 inches/acre/year)" should read "(10.39 inches/acre/year)."

         
         

         Mr. Moose agreed with the above changes. Mr. Glorsky further testified that the amount of drainage passing into C-24 was within the limits established by the FCD. According to said witness, the irrigation allocation was evaluated by three criteria: adjusted basin yield, supplemental crop requirements and the quantity requested by the applicant. The limiting factor was determined to be the adjusted basin yield which rendered an allocation of 1441.6 acre-feet. The peak or maximum monthly pumpage, based upon a 2 in 10 year drought, was determined by Mr. Glorsky to be a figure not exceeding 620.8 acre-feet.

         Additionally, Mr. Glorsky recommended an allocation in the amount of 1662.4 acre-feet per year for the use of ground water when withdrawals from C-24 are not permissible. This amount is equivalent to the supplemental water requirement for a 2 in 10 year drought condition minus the basin yield. In

         addition to the recommendations set forth in the Staff Report, beginning on Page 7, Mr. Glorsky further explained that the figure contained in paragraph D on page 7, 202.3 million gallons, would be equivalent to 620.8 acre-feet. Added as a condition to the issuance of a permit pursuant to application No. 24795 was, on Page 8, "B1-Suitable valves installed and maintained on artesian wells."

         
         

      4. It was recommended by Mr. Glorsky that permits be issued pursuant to Applications No. 24795 and 23546 in accordance with the annual allocations and maximum monthly withdrawals as set forth on pages 7, 8 & 9 of the Staff Report, along with the conditions, as amended, set forth therein. Further, it was recommended that a right-of-way permit be issued for the use of a right-of-way on C-24 for a culvert connection, subject to the conditions set forth on page 9 of the Staff Report.

         
         

      5. Mr. Moose then expressed his concern over the word "permissible" in condition "E" on page 8, which reads, "The use of groundwater shall be as a supplemental source only when withdrawals from C-24 are not permissible." He stated that he would rather have the word "permissible" changed to "practicable," in the event that his pump should leak or another unforeseen circumstance occur. The FCD expressed no objection to this change. Also, Mr. Moose further requested that, since artesian water stays at about 70 degrees all year round, he would like to use such artesian water during freezing conditions. Mr. Glorsky discussed this with his supervisor and announced no objection.

         
         

         CONCLUSIONS OF LAW

         
         

      6. The applications at issue herein have been fully reviewed and evaluated by the technical staff of the Central and South Florida Flood Control District.

         
         

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

         
         

      8. 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 permits requested and the right-of-way permit be issued in accordance with the recommendations set forth in the Staff Report (attached hereto), as amended at the hearing of this cause, which amendments are discussed in the Findings of Fact herein.

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 33402

Mr. John Moose

General Manager of Ascot Groves, Inc.

P.O. Box 576

Fort Pierce, Florida 33450

Docket for Case No: 75-001637

Orders for Case No: 75-001637