Tremor, Hearing Officer with the Division of Administrative Hearings, at 1:00 P.M., April 19, 1976, in the Tamarac City Hall, 4811 N.W. 88th Avenue, Tamarac, Florida.
APPEARANCES
For Applicant: Mr. Edward B. Deutsch
350 Southern Federal Building
400 North State Road 7 Margate, Florida 33063
For Central and Mr. John Wheeler Southern Florida Post Office Box V
Flood Control District West Palm Beach, Florida 33402
INTRODUCTION
By an application filed in February of 1975, Tamarac Utilities, Inc. requested a ten year water use permit for a total annual diversion of 3,831 million gallons for use as a municipal public water supply. A staff report prepared by the Central and Southern Florida Flood Control District's (FCD) Resource Planning Department recommended that the permit be issued for the requested amount subject to certain conditions. In April of 1975, a hearing was conducted with Joseph A. Fitzsimmons presiding as the hearing examiner. Due to Mr. Fitzsimmons failure to file a recommended order and his withdrawal as hearing examiner in February of 1976, the matter was forwarded to the Division of Administrative Hearings for the assignment of a hearing officer to conduct a de novo hearing.
Prior to the scheduled hearing, the FCD received a letter from Mr.
Fitzsimmons seeking to be placed on the agenda as the attorney representing certain Tamarac property owners, to speak in opposition to the application. The attorney for the applicant objected to Mr. Fitzsimmons' appearance at the hearing, contending that it would be unethical for a former hearing examiner to testify at a subsequent hearing on the same application. Ruling on the objection was reserved, inasmuch as Mr. Fitzsimmons was not present at the time of the recording of appearances.
After the applicant had rested its case in chief, Mr. Fitzsimmons and his clients appeared and sought to be heard. Objections were again received by both the applicant's and the FCD's attorneys. Mr. Fitzsimmons was permitted to speak as a member of the general public regarding the reasonableness of the quantity and use for which application was made. Fitzsimmons attempted to present
evidence of the validity of the applicant's franchise and a suit pending in the Circuit Court of Broward County between the applicant and the City of Tamarac. No motion for a stay of this proceeding pending the outcome of the Circuit Court proceeding having been filed with the FCD or the undersigned, objections by both' parties concerning this testimony were sustained.
Mr. John S. Freel a resident of Tamarac and a city engineer, spoke as a member of the general public and expressed his concern over the number of wells required, the actual needs of the service area and water balance.
FINDINGS OF FACT
By application number 21312, the applicant seeks a ten year water use permit for a total annual diversion of 3,831 million gallons to provide water and sewer services to an area containing approximately 7,300 acres. In September of 1969, the Florida Public Service Commission granted the applicant certificates of convenience and necessity.
The existing facilities of the applicant include nine wells and an average capacity of 700 gallons per minute each. Based upon historical data and taking into accourt the reduction of construction in the service area, the projected 1984 water demand is 375 gallons per day per unit. This is equivalent to an average of 150 gallons per day per person, using a figure of 2.5 persons per living unit. The ultimate estimated population is to be 70,000 to 80,000 people with 28,000 to 32,000 living units. Based upon the average capacities of the wells, in order to meet the projected demand a total number of 22 or 23 wells will be required. This includes the nine existing wells, eleven proposed wells with the same 700 gallon per minute average and a fifteen percent standby capability of two or three additional wells. Rather than the total number of wells utilized -- 22 or 23, -- what is important is the total gallon per minute capacity of 15,400. An allocation based on this data would be equal to the applicant's requested annual maximum diversion of 3,831 million gallons and a daily maximum diversion of 18.37 million gallons.
The requested diversion presents no threat of salt water intrusion. The proposed well sites will create no adverse impact upon the Fort Lauderdale well fields. While there is evidence of recharge to the aquifer from runoff waters, there is insufficient data to determine the exact amount which will be returned. For this reason, the staff report's water budget calculations are conservative.
CONCLUSIONS OF LAW
The application under review herein has been fully reviewed and evaluated by the technical staff of the Central and Southern Florida Flood Control District.
The procedural requirements of Chapter 373, Florida Statutes, and the rule promulgated pursuant thereto, have been complied with as they pertain to this application.
The reports of the applicant and of the FCD, as well as the testimony and evidence presented at the hearing, reflect a use which is reasonable and beneficial, will not interfere with any legal use of the water and is consistent with the public interest, all in accordance with F.S. Ch. 373 and Chapter 16K of the Florida Administrative Code.
