STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DELMAR WATER CORPORATION, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1008

)

SOUTHWEST FLORIDA WATER )

MANAGEMENT DISTRICT, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to proper notice, an administrative hearing was held on June 15, 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: Charles Sasser, Esquire For Respondent: Jay T. Ahern, Esquire

FINDINGS OF FACT

1. This application is a request for a consumptive water use permit for six wells at the following locations:

   
   

   LATITUDE LONGITUDE

   28 degrees 20' 50" 82 degrees 41' 36" (hereinafter

   referred to as Garden Terrace No.1)

   28 degrees 20' 50" 82 degrees 41' 35" (hereinafter

   referred to as Garden Terrace No.2)

   28 degrees 20' 55" 82 degrees 39' 11" (hereinafter

   referred to as Parkwood Acres No.1)

   28 degrees 21' 20" 82 degrees 39' 11" (hereinafter

   referred to as Parkwood Acres No.2)

   28 degrees 21' 49" 82 degrees 38' 56" (hereinafter

   referred to

   as New Well No.1)

   28 degrees 21' 50" 82 degrees 38' 56" (hereinafter

   referred to as New Well No.2)

   
   

2. Although included in the application, it appears from the record of this proceeding that Garden Terrace No. 1 is to be abandoned by applicant upon completion of its new facilities and therefore is not intended for inclusion in any consumptive water use permit issued pursuant hereto. Further, it appears from the records that the applicant intends to use Garden Terrace No. 2 as an emergency standby supply well only and therefore its average daily withdrawal as reflected on the application is not intended to be included in a consumptive water use permit issued pursuant hereto. Therefore, with those amendments the application seeks, from a total of five wells, a maximum daily withdrawal of 1,501,000 gallons and an average daily withdrawal of 650,000 gallons.

   
   

3. The use of this water is for public water supply and appears to be a reasonable, beneficial use consistent with the public interest and not interfering with any legal use of water existing at the time of the application. Further, according to testimony of the staff of the Southwest Florida Water Management District it does not appear that any of the matters set forth in Subsection 16J-2.11(2), (3) or (4), F.S., exist so as to require the denial of this permit.

   
   

4. The staff recommendation is that this permit be granted for a maximum daily withdrawal of 1.50 million gallons per day and an average daily withdrawal of .650 million gallons per day. The staff recommendations are subject to the following conditions:

   
   

   1. That all individual connections to the system be metered.

      
      

   2. That the permittee shall install totalizing flow meters of the propeller driven type on all withdrawal points covered by this permit with the exception of those wells which are currently gaged together using a single meter. That the permittee shall submit to the District a record of his pumpage for each meter. Said pumpage shall be read on a monthly basis and submitted quarterly to the District by April 15, July 15, October 15, and January 15, for each preceding calendar quarter.

      
      

   3. That the permittee have water samples from all wells permitted analyzed for chloride on a monthly basis and results submitted to the District by April 15, July 15, October 15 and January 15 for each preceding calendar quarter.

      
      

   4. That to promote good water management and avoid salt water intrusion that the water be withdrawn at an average of .217 million gallons per day from each of the three following wells: Parkwood Acres Well No. 1, Parkwood Acres Well No. 2, and New Well No. 1. New Well No. 2 shall be operated only to meet peak demand.

      
      

   5. That Garden Terrace Well No. 2 be used only as an emergency standby well.

5. The applicant entered no objections to the conditions set forth above nor were there any objections from members of the public to the issuance of this consumptive water use permit.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

7. The intended consumptive use appears to be a reasonable, beneficial use which is consistent with the public interest and will not interfere with any legal use of water existing at the time of the application.

RECOMMENDATION

It is hereby RECOMMENDED that a consumptive use permit be issued for the five subject wells for the withdrawal of 1.30 mgd maximum daily withdrawal and

.65 mgd, average daily withdrawal subject to the conditions set forth in paragraph 4 above.

DONE and ORDERED this 15th day of July, 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 Southwest Florida Water

Management District

P.O. Box 457

Brooksville, Florida 33512

Delmar Water Corporation 731 West Main Street

New Port Richey, Florida 33552

Docket for Case No: 76-001008

Orders for Case No: 76-001008