STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: )

)

ELSBERRY BROTHERS, INC., )

CONSUMPTIVE USE PERMIT ) CASE NO. 76-625

APPLICATION NO. 76-00254, )

SOUTHWEST FLORIDA WATER )

MANAGEMENT DISTRICT )

)

RECOMMENDED ORDER

After due notice, an administrative hearing 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 Southwest Water

Management District: Jay T. Ahern, Esquire For Applicant: Terry Elsberry

FINDINGS OF FACT

1. Application No. 76-00254 seeks a consumptive use water permit for 1.08 million gallons per day average daily withdrawal and 2.16 million gallons per day maximum daily withdrawal from one well. This is a new use. The purpose of the consumptive use is a semi-enclosed irrigation system for the irrigation of tomatoes in south Hillsborough County. The water is to be taken from the Floridan Aquifer with some discharge off site.

   
   

2. According to Barbara Boatwright, hydrologist for the district, there is some possibility that salt water intrusion may occur, but the district has never documented it in the subject area.

   
   

3. The consumptive use will exceed the water crop as defined by the district because 25 percent of the water used will run off site and thus be lost. Except as otherwise stated above, none of the conditions set forth in Subsection 16J-2.11(2),(3) or (4), F.A.C., will be violated.

   
   

4. The Southwest Florida Water Management District's staff recommends issuance of the subject permit in the amounts requested with the following conditions:

   
   

   1. By January 1, 1978, applicant shall reduce runoff to 8.6 percent of the amount pumped, which reduction will bring the amount pumped within the water crop as defined by the district.

   2. That the applicant analyze the quality of the water at the beginning and end of each production season and that these analyses be submitted to the district.

      
      

   3. That the district be allowed to install flowmeters on any discharge canal and on the pump with proper notification of applicant and to enter on property to read the meters.

      
      

      CONCLUSIONS OF LAW

      
      

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

   
   

6. The sought for consumptive use is violative of Subsection 16J-2.11(3),

F.A.C. However, Subsection 16J-2.11(5), F.A.C., provides that the Board, for good cause shown, may grant exceptions if it finds that it is consistent with the public interest.

RECOMMENDATION

Noting that, with the conditions requested by the Southwest Florida Water Management District's staff, issuance of the sought for permit appears consistent with the public interest, it is RECOMMENDED that a consumptive use permit be issued pursuant to Application No. 75-00254 with the conditions set forth in paragraph 4.

CHRIS H. BENTLEY

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

COPIES FURNISHED:

Jay T. Ahern, Esquire Terry Elsberry

Staff Attorney Elsberry Brothers, Inc.

Southwest Florida Water Route 2, Box 70

Management District Ruskin, Florida 33570 Post Office Box 457

Brooksville, Florida 33512

Docket for Case No: 76-000625

Orders for Case No: 76-000625