STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CITY OF PLANT CITY, FLORIDA, )

)

Petitioner, )

)

vs. ) CASE NO. 76-623

)

SOUTHWEST FLORIDA WATER )

MANAGEMENT DISTRICT, )

)

Respondent. )

)

RECOMMENDED ORDER

After due and proper notice, an administrative hearings was held on April 27, 1976, before Chris H. Bentley, Hearing Officer, Division of Administrative Hearings, at the District Headquarters, Southwest Florida Water Management District, Brooksville, Florida.

APPEARANCES

For Petitioner: Paul Buckman, Esquire For Respondent: Jay T. Ahern, Esquire

FINDINGS OF FACT

1. Application No. 76-00336 is a request by the City of Plant City, Florida, for a new use from a single well at a location approximately 31 miles east of downtown Plant City. The well would be located in the Hillsborough Basin.

   
   

2. The average annual daily withdrawal sought is 2.0 million gallons with a maximum daily withdrawal sought being 3.5 million gallons. The amount requested is consonant with the needs of the city and contains provision for some growth.

   
   

3. The Plant City service area encompasses 8,600 acres.

   
   

4. The sought for consumptive use will not significantly induce salt water intrusion.

   
   

5. The consumptive use sought may interfere with existing legal uses. There are a number of private wells, perhaps 50-60, in the area. Most of these wells are in a subdivision known as Pleasant Acres. These wells will experience drawdowns of up to 4.3 feet which may cause the pump to break suction during the dry season or line pressure to drop. Further, the average drawdown at the property boundary created by the sought for consumptive use will be approximately 6.3 feet. The boundary of the well site is approximately 150 feet from the well. The well could have been located so that the average drawdown at the property boundary would not have been in excess of 5 feet.

6. The well is already in existence, having been constructed over one year ago. The primary purpose of the well is for better fire protection and additional capacity for domestic use and growth in Plant City.

   
   

7. The residents of Pleasant Acres are very concerned about the effect of the proposed well on their existing wells.

   
   

8. The Southwest Florida Water Management District's staff recommends granting of the permit with the following conditions:

   
   

   1. That the City of Plant City shall install a totalizing flowmeter on the well.

   2. That the City of Plant City shall submit monthly pumpages on a quarterly basis to the following address: Chief, Technical Information Service, SWFWMD, 50560 U.S. 41 South, Brooksville, Florida.

   3. That upon completion of construction of all pumping facilities the City of Plant City will pump the permitted facility during the third week of the following May at the maximum rate of 3.5 million gallons per day for at least three days. Private well owners within a radius of mile will be notified prior to the initiation of the tests. Complaints will be handled by the city according to stipulation D.

   4. The City of Plant City shall investigate under the direction of the city engineer, all complaints by owners of private wells which are within a mile radius of the permitted facility and which relate to loss of water. Further, the city shall repair or replace at no cost to the owner, those private wells and/or the

      associated pumping facilities which are substantially affected by the city's with- drawals and which can be attributed to 10 feet or less of drawdown.

      
      

9. With the exception of those matters set forth above pertaining to Subsection 16J-2.11(4)(b), F.A.C., none of the matters set forth in Subsection 16J-2.11(2), (3) or (4), F.A.C., exist, with regard to this application so as to require its denial.

   
   

   CONCLUSIONS OF LAW

   
   

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

    
    

11. Subsection 16J-2.11(1)(c), F.A.C., states that the intended consumptive use ". . . will not interfere with any legal use of water existing at the time of the application." As shown in the findings of fact, the intended consumptive use may interfere with such a legal use, thus violating this condition for a consumptive use permit as set forth in Section 16J-2.11, F.A.C.

12. Subsection 16J-2.11(4)(b), F.A.C., states that the withdrawal of water ". . . must not cause the level of the potentiometric surface under lands not owned, leased, or otherwise controlled by the applicant to be lowered more than five feet (5')." As shown by the testimony of the SWFWMD staff, the potentiometric surface of the water will be lowered approximately 6.3 feet at the property boundary, thus violating this requirement.

    
    

13. The intended consumptive use is a reasonable, beneficial use and consistent with the public interest.

14. Subsection 16J-2.11(5), F.A.C., states that "The Board for good cause shall and may grant

exceptions to the provisions of paragraph (2),

(3), and (4) above when after consideration of all data presented, including economic information, it finds that it is consistent with the public interest."

The conditions recommended by the SWFWMD staff for issuance of the subject permit, appear to adequately remedy any damage which might be caused by nonadherence to the requirements set forth in Subsection 16J-2.11(4)(b), F.A.C. Further, those same conditions appear to be sufficient to remedy any damage caused by interference with any legal use of water existing at the time of the application. Therefore, considering that the sought-for consumptive use is for a public purpose, the sought-for permit with the conditions as set forth above is consistent with the public interest.

RECOMMENDATION

It is recommended that Application No. 76-00336, submitted by the City of Plant City, Florida, be granted in the amount of 2 million gallons per day average annual withdrawal and 3.5 million gallons per day maximum daily withdrawal, provided that the four conditions listed in paragraph 8, above, be placed upon the permit.

ENTERED this 26th day of May, 1976, in Tallahassee, Florida.

CHRIS H. BENTLEY, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Jay T. Ahern, Esquire Staff Attorney Southwest Florida Water

Management District

P. O. Box 457

Brooksville, Florida 33512

Salvador D. Nabong City Engineer

City of Plant City

P. O. Drawer C

Plant City, Florida 33566

Paul Buckman, Esquire City Attorney

City of Plant City City Hall

Plant City, Florida 33566

Docket for Case No: 76-000623

Orders for Case No: 76-000623