STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: )

) CITRUS WORLD, INC., CONSUMPTIVE )

USE PERMIT APPLICATION NO. ) CASE NO. 76-1733 76-00408, SOUTHWEST FLORIDA WATER )

MANAGEMENT DISTRICT. )

)

RECOMMENDED ORDER

After due and proper notice, an administrative hearing was held on September 21, 1976, before the undersigned 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: Mr. Benny Mauldin

FINDINGS OF FACT

1. Application No. 76-00408 is for an existing water use from six wells. The application seeks a total average annual withdrawal of 3.298 million gallons per day and a maximum daily withdrawal of 9.801 million gallons per day. The wells will be located in the Peace River basin in Polk County. Ninety-nine percent of the water will be used for industrial purposes and one percent of the water will be used for irrigation purposes.

   
   

2. The applied for consumptive use will not violate any of the conditions set forth in Subsection 16J-2.11(2), (3) or (4), Florida Administrative Code.

   
   

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

   
   

   1. That the applicant shall install totalizing flowmeters of the

      propeller-driven type on all withdrawal points with the exception of the well to be used for agriculture located at , Latitude 27 degrees

      45 minutes 39 seconds, Longitude 81 degrees

      37 minutes 07 seconds and the fire well located at Latitude 270 54 minutes 39 seconds, Longitude 81 degrees 36 minutes 00 seconds.

      
      

   2. The applicant shall submit to the district a record of pumpage for each meter installed in (a) above on a quarterly basis

      beginning January 15, 1977, with the pumpage recorded on a weekly basis.

      
      

      CONCLUSIONS OF LAW

      
      

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

   
   

5. 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 in accordance with Application No. 76-00408 be issued with the conditions set forth in paragraph 3 above.

ENTERED this 13th day of October, 1976, in Tallahassee, Florida.

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 Citrus World, Inc.

Staff Attorney Post Office Box 1111 Southwest Florida Water Lake Wales, Florida 33853 Management District

Post Office Box 457 Brooksville, Florida 33512

Docket for Case No: 76-001733

Orders for Case No: 76-001733