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CITY OF TEMPLE TERRACE vs. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL, 76-001734 (1976)

Court: Division of Administrative Hearings, Florida Number: 76-001734 Visitors: 40
Judges: CHRIS H. BENTLEY
Agency: Water Management Districts
Latest Update: Jun. 15, 1977
Summary: Grant Petitioner's permit for consumptive use which is reasonable and consistent with public interest/water rights.
76-1734.PDF

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


IN RE: CITY OF TEMPLE TERRACE, ) CONSUMPTIVE WATER USE PERMIT )

APPLICATION NO. 76-00450, ) CASE NO. 76-1734 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


Jay T. Ahern, Esquire, Counsel for Southwest Florida Water Management District


Mr. Frank Moses appeared on behalf of the applicant.


FINDINGS OF FACT


  1. Application No. 76-00450 is for a consumptive use permit from 10 wells located in Hillsborough County, to be used for public water supply for the City of Temple Terrace.


  2. The permit seeks to withdraw 2.028 million gallons a day average annual withdrawal and 4.564 million gallons per day maximum daily withdrawal.


  3. The sought for withdrawal may affect other wells by drawdown of an average of 1" in a surrounding well. Such a drawdown will not seriously and adversely affect the surrounding wells.


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


    1. That the applicant shall install totalizing flowmeters of a type acceptable to the district on all withdrawal points covered by the permit.

    2. That the applicant shall record the pumpage on a weekly basis and shall submit a record of that pumpage to the district quarterly beginning January 15, 1977.

    3. All individual connections supplied by withdrawals permitted will be metered. Records of meter readings will be made available to the district upon request.

    4. That the permit shall expire on December 31, 1980.

      CONCLUSIONS OF LAW


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


  6. 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.


RECOMMENDED ORDER


It is hereby RECOMMENDED that a consumptive use permit in the amounts sought for by the subject application be issued subject to the conditions set forth in paragraph 3 above.


ENTERED this 13 day of October, 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 Post Office Box 457

Brooksville, Florida 33512


Mr. Frank Moses

City of Temple Terrace

113 No. Glen Arven Avenue Temple Terrace, Florida


Docket for Case No: 76-001734
Issue Date Proceedings
Jun. 15, 1977 Final Order filed.
Oct. 13, 1976 Recommended Order sent out. CASE CLOSED.

Orders for Case No: 76-001734
Issue Date Document Summary
Nov. 03, 1976 Agency Final Order
Oct. 13, 1976 Recommended Order Grant Petitioner's permit for consumptive use which is reasonable and consistent with public interest/water rights.
Source:  Florida - Division of Administrative Hearings

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