STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: APPLICATION NUMBER 25755 ) BY GRANADA PROPERTIES, LTD. )

FOR A WATER USE PERMIT - ) CASE NO. 75-1916 DOCKET NO. 69. )

)

RECOMMENDED ORDER

Pursuant to proper notice, an administrative hearing was held before Charles C. Adams, Hearing Officer, Division of Administrative Hearings, on October 8, 1975, at 65 East Central Avenue, Orlando, Florida, Room 327.

APPEARANCES

For Applicant: Mr. Arthur Hastings

708 Lincoln Avenue Leesburg, Florida

John Wheeler, Esquire Attorney for the Central and

Southern Florida Flood Control District Post Office Box V

West Palm Beach, Florida FINDINGS OF FACT

1. The subject application requests a permit from the Central and Southern Florida Flood Control District for the agricultural irrigation of 800 acres of citrus groves. The public notice of hearing appearing in The Orlando Sentinel Star, Orlando, Florida, which noticed the permit application submitted on behalf of Granada Properties, LTD. was received into evidence without objection. (A copy of that exhibit, public notice of hearing, is attached to this report, because the original of the exhibit is contained with the report on docket no. 61, application 211423.)

   
   

2. Mr. Hasings, as representative for the applicant and Mr. Wheeler in behalf of the Central and Southern Florida Flood Control District stipulated to the introduction of the application and the staff report of the Central and Southern Florida Flood Control District, without objection. It was further stipulated that the matters as contained in the application and staff report could be utilized as a basis for findings of fact and recommended order, without the necessity of putting on testimony in behalf of the applicant or the staff. Pursuant to that stipulation, oral testimony was not presented by the parties.

   
   

3. The amount of water requested by the application is 800 acre/feet per year with a maximum monthly withdrawal of 245.5 acre/feet. The staff report recommended annual allocation is 800 acre/feet per year with a maximum monthly withdrawal of 250 acre feet.

4. Mr. Arthur Hastings, consultant and advisor for the applicant did not offer any further evidence beyond the application and the staff report, in support of the request for permit.

   
   

5. The recommendation as contained in the staff report prepared by Mr. Doug Winter, Hydrology Division, Resource Planning Department and J. Richard Gregg, Hydrology Division, Resource Planning Department, both of the Central and Southern Florida Flood Control District, was that the application number 25755 for annual allocation of 800 acre/feet per year for purposes applied for was acceptable. However, Mr. Winter and Mr. Gregg indicated that the permit should be subject to the following conditions:

   
   

   1. Withdrawal of surface water shall not exceed 81.5 million gallons (3.75 inches/acre) This is an allowable withdrawal figure which represents a maximum monthly withdrawal rate based on certain drought conditions and considering a reasonable application efficiency. This maximum withdrawal rate is not to be construed as an allocation or allotment for irrigation usage. It is specified to serve as an indicator to the permittee as to what this District accepts as a reasonable withdrawal rate during times of adequate water level and moderate drought conditions. The permittee should recognize that it may be necessary for the District to issue an order requiring a reduction in the water withdrawal rate in accordance with a water shortage plan developed by the District.

      
      

   2. Permittee shall submit reports of monthly pumpages, made for irrigation purposes, to the Flood Control District at the end of each month.

      
      

   3. The permittee's irrigation withdrawals shall comply with the minimum lake levels, as determined by the District.

      
      

   4. This permit shall expire on January 15, 1978.

      
      

   5. The withdrawal facilities shall be as described in the application.

      
      

6. There were no persons at the hearing who wished to act as intervenors in the capacity of proponents or opponents of the application, nor were there any members of the general public, not party to the proceedings, who wished to comment on the application.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

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

   
   

9. The application, to include exhibits, and the staff report of the Central and Southern Florida Flood Control District, reflect recommended uses which are reasonable and beneficial, and will not interfere with any legal use of water and are consistent with the public interest, all in accordance with Chapter 373, 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 recommendations set forth in the staff report (attached thereto).

Respectfully submitted this 31st day of October, 1975, in Tallahassee, Florida.

CHARLES C. ADAMS

Hearing Officer

Division of Administrative Hearings

530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675

COPIES FURNISHED:

Mr. Arthur Hastings 708 Lincoln Avenue Leesburg, Florida

John Wheeler, Esquire Post Office Box V

West Palm Beach, Florida 33402

Granada Properties, Ltd.

341 North Mills Orlando, Florida

Docket for Case No: 75-001916

Orders for Case No: 75-001916