STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ROLLING OAKS CORPORATION, )

)

Petitioner, )

)

vs. ) CASE NO. 75-2094

)

SOUTHWEST FLORIDA WATER )

MANAGEMENT DISTRICT, )

)

Respondent. )

)

RECOMMENDED ORDER

After due notice, a public hearing was held in the above- captioned matter before the undersigned hearing officer at Brooksville, Florida, on December 2, 1975.

APPEARANCES

For Petitioner: Warren H. Hilger, Esquire

Hilger and Ray Engineering Associates, Inc.

137 South Highway 19

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

FINDINGS OF FACT

1. Application No. 7500160 requests water to be withdrawn from seven existing wells for the use of a housing development.

2. The use applied for is an average daily withdrawal of 1,105,000 gallons as an existing use for public water supply in Citrus County, Florida. The maximum daily withdrawal sought is 2.752 million gallons per day. Notice of the intended use was published in a newspaper of general circulation, to wit: The Citrus County Chronicle, Inverness, Florida, on November 13 and 20, 1975, pursuant to Section 373.146, Florida Statutes (Petitioner's Composite Exhibit 1).

   
   

3. No letters of objection were received by the District concerning the requested use.

   
   

4. Jeffrey A. Pohle, Hydrologist of the Southwest Florida Water Management District, testified that he had reviewed the application in the light of Chapter 16J-2.11 which sets forth conditions for a consumptive use permit, and that the application meets the criteria stated therein for the issuance of a permit. He therefore recommended that the permit be granted on the condition that all wells be metered and that records be kept on a monthly basis and submitted quarterly to the District. Correspondence between Mr. Pohle and Mr. Hilger was admitted into evidence as Composite Exhibit 2, whereby the applicant agrees to the proposed condition.

   
   

   CONCLUSIONS OF LAW

   
   

5. 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.

RECOMMENDATION

It is recommended that Application No. 7500160 submitted by Rolling Oaks Corporation, P. O. Box 1, Beverly Hills, Florida 32661 for a consumptive water use permit be granted in the amount set forth in the application, with the condition that ground water withdrawals be metered, and that monthly records be kept and submitted quarterly to the Data Section of the Southwest Florida Water Management District.

THOMAS C. OLDHAM

Hearing Officer

Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Jay T. Ahern, Esquire Southwest Florida Water Management District

P. O. Box 457

Brooksville, Florida 33512

Rolling Oaks Corporation

P. O. Box 1

Beverly Hills, Florida

Warren H. Hilger, Esquire Hilger and Ray Engineering Associates, Inc.

137 South Highway 19

Crystal River, Florida 32629

=================================================================

AGENCY FINAL ORDER

================================================================= SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

ROLLING OAKS CORPORATION,

Petitioner,

vs. CASE NO. 75-2094

ORDER NO. 76-20

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT,

Respondent.

/

ORDER GRANTING PERMIT PURSUANT

TO HEARING OFFICER'S RECOMMENDED ORDER

The Governing Board of, Southwest Florida Water Management District, having examined the File of Record for the above numbered application including the Hearing Officer's Recommended Order dated January 19, 1976, and filed therein, and being duly advised in the premises,

ADJUDGES and ORDERS as follows:

1. The Findings of Fact set forth in the Hearing Officer's Recommended Order are adopted in full and made a part hereof by reference.

   
   

2. The water has been and will continue to be used for Public supply. Such use was existing prior to January 1, 1975.

   
   

3. The Conclusions of Law set forth in the Hearing Officer's Recommended Order are agreed to and accepted in full and made a part hereof.

   
   

4. The use sought to be continued is allowable under the common law of this state.

5. The Hearing Officer's Recommended Order is adopted in principle, provided however, that the Executive Director of the Southwest Florida Water Management District, or a duly delegated member of his staff, is authorized and directed to issue a consumptive use permit pursuant to the above numbered application in substantially the form, and subject to terms and conditions, set forth in Exhibit 1 attached hereto.

DONE AND ORDERED this 3rd day of November, 1976

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

DERRILL S. McATEER, CHAIRMAN

SEAL

THOMAS M. VAN DER VEER, SECRETARY

Docket for Case No: 75-002094

Orders for Case No: 75-002094