STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

POSEIDON MINES, INC., )

)

Petitioner, )

)

vs. ) CASE NO. 75-2092

)

SOUTHWEST FLORIDA WATER )

MANAGEMENT DISTRICT, )

)

Respondent. )

)

RECOMMENDED ORDER

After due notice, an administrative hearing was held in the above-captioned matter before the undersigned Hearing Officer at Brooksville, Florida, on December 2, 1975.

APPEARANCES

For Petitioner: Michael Yencso

Operational Manager, Poseidon Mines, Inc.

For Respondent: J. T. Ahern, Esquire

Staff Attorney Southwest Florida Water

Management District

ISSUE

Whether a consumptive use permit for the quantities of water requested in the application should be granted.

FINDINGS OF FACT

1. Application 7500137 seeks an average daily withdrawal of 2.4 million gallons of water with maximum daily withdrawal not more than 2.88 million gallons from an existing well in order to process phosphate and reclaim land.

   
   

2. This is an existing use for mining operations located southwest of Lakeland, Florida, on land consisting of 1531 acres.

   
   

3. Notice was published in a newspaper of general circulation, to wit: The Lakeland Ledger, on November 11 & 18, 1975, pursuant to Section 373.146, Florida Statutes. The application and affidavit of publication were admitted into evidence without objection as Composite Exhibit 1, together with

   correspondence from James R. Brown, Vice President, Dagus Engineers, Inc., dated November 19, 1975 to the Southwest Florida Water Management District.

4. No objections were received by the Water Management District as to the application.

   
   

5. Mr. George Szell, hydrologist of the Water Management District testified that the application met the conditions for a consumptive use permit as set forth in Chapter 16J-2.11, Florida Administrative Code, except that the quantity of water requested to be withdrawn is 41.06 per cent over the maximum average daily withdrawal permitted under the water crop theory as set forth in Section 16J-2.11(3), F.A.C. However, the Water Management District witness recommended waiver of that provision since the mining operations will be concluded in several years and thereafter the water table and hydrologic conditions will return to normal.

   
   

6. The Water District staff recommended approval of the application with the condition that a meter be installed on the well and that the applicant be required to take monthly readings thereof and submit quarterly reports of the readings to the District. The applicant's representative agreed to these conditions at the hearing.

   
   

   CONCLUSIONS OF LAW

   
   

7. The procedural requirements of Chapter 373, Florida Statutes, and the rules promulgated pursuant thereto, have been complied with as they pertain to this application. The statutory requirements for the issuance of a consumptive water use permit have been met, but the water crop standards of Rule 16-2.11(3),

F.A.C. have not. However, in view of the short term effects of the excessive maximum average daily withdrawal under that provision, and in view of the testimony of the staff hydrologist that normal conditions would return in a relatively brief period of time after mining operations have ceased, it is concluded that waiver of the aforesaid rule by the Board of Governors of the Water Management District as authorized in Rule 16-2.11(5) is warranted and consistent with the public interest.

RECOMMENDATION

It is recommended that Application No. 7500137 submitted by Poseidon Mines, Inc., for a consumptive water use permit be granted on the condition that a meter be installed on the applicant's well and that monthly readings be taken and submitted quarterly by the applicant to the Southwest Florida Water Management District. It is further recommended that the Board of Governors of the Southwest Florida Water Management District, pursuant to Rule 16J-2.11(5), for good cause, grant an exception to the provisions of Rule 16J-2.11(3), as being consistent with the public interest.

DONE and ENTERED this 19th day of January, 1976, in Tallahassee, Florida.

THOMAS C. OLDHAM

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

(904) 488-9675

COPIES FURNISHED:

J.T. Ahern, Staff Attorney Southwest Florida Water

Management District

P.O. Box 457

Brooksville, Florida 33512

Poseidon Mines, Inc.

P.O. Box 5172 Bartow, Florida

Docket for Case No: 75-002092

Orders for Case No: 75-002092