STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SOUTH FLORIDA WATER )

MANAGEMENT DISTRICT, )

)

Petitioner, )

)

vs. ) CASE NO. 79-1924

) (NO. 01109-J) FLORIDA CITIES WATER COMPANY, )

)

Respondent. )

) SOUTH FLORIDA WATER )

MANAGEMENT DISTRICT, )

)

Petitioner, )

)

vs. ) CASE NO. 79-1923

) (NO. 01109-L) FLORIDA CITIES WATER COMPANY, )

)

Respondent, )

)

vs. )

)

LEE COUNTY, a political ) subdivision of the State of ) Florida, )

)

Intervenor. )

)

RECOMMENDED ORDER

Pursuant to notice a hearing was held in this case before Delphene C. Strickland, Hearing Officer of the Division of Administrative Hearings, in the City Hall, Fort Myers, Florida, on November 28, 1979, beginning at 1:30 o'clock p.m.

ISSUE

Whether Application #01109-L and Application #01109-J for a public water supply system to serve approximately 17,500 acres of land in Lee County, Florida, should be granted and a permit issued by the South Florida Water Management District.

APPEARANCES

For Petitioner: Stephen A. Walker, Esquire

South Florida Water Management District Post Office Box V

West Palm Beach, Florida 33402

For Respondent: Ross A. McVoy, Esquire

318 North Monroe Street Post Office Box 669 Tallahassee, Florida 32302

For Intervenor: Terry F. Lenick, Esquire

Assistant County Attorney County of Lee

Post Office Box 398

Fort Myers, Florida 33902 FINDINGS OF FACT

1. The Florida Cities Water Company applied for a permit for a public water supply system with an annual allocation of 4.56 BGY (12.5 MGD) for a water supply system serving approximately 17,500 acres. In Application #01109-L (Case No. 79-1923) the Florida Cities Water Company requested an annual allocation from the Green Meadows Wellfield of 4.01 BGY (11.0 MGD). In Application #01109- J (Case No. 79-1924) the Florida Cities Water Company requested an annual allocation from the Cypress Lakes Wellfield of 0.55 BGY (1.5 MGD).

   
   

2. Prior to the hearing, Lee County filed a Motion to intervene in both cases, which Motion was granted prior to the beginning of the hearing. Lee County then withdrew its Motion to intervene in Case No. 79-1924, which involved the Cypress Lake Wellfield, but remained as intervenor in Case No. 79-1923, involving the Green Meadows Wellfield.

   
   

3. The South Florida Water Management District recommended an annual allocation of 0.55 BGY (1.5 MGD) for the Cypress Lakes Wellfield and 1.09 BGY (3.0 MGD) for the Green Meadows Wellfield, and a ten (10) year permit subject to thirty-one (31) limiting conditions. The total annual allocation recommended by the District is 1.64 BGY (4.5 MGD).

   
   

4. Mr. Lauren Howard, Water Resource Engineer for the Water Use Division, Resource Control Department, and Carl Nuzman, Professional Engineer, a ground water hydrologist of the Lane Western Company, Inc., testified in support of the staff report entitled "Florida Cities Water Company, South Lee County Systems (Cypress Lakes and Green Meadows Wellfields), Application #01109-J and #01109-L, Lee County." The parties agreed to stipulate to the introduction into evidence of the report, which contained thirty-one (31) limiting conditions. The report was entered into evidence and made a part of the record.

   
   

5. Mr. George Beamer spoke in opposition to the permit on behalf of John Jipperer, Jr. of Zipperer Farms, stating that the proposed wells would diminish the water capacity in the subject area for agriculture purposes. Mr. James English also expressed concern regarding the recommendations on the basis of the potential effect on agricultural uses of land in that area. No corroborating evidence was offered or received in conjunction with the statements of Beamer and English.

   
   

6. Lee County, by and through its attorney, expressed concern as to the monitoring of compliance with the thirty-one (31) limiting conditions of the staff report. The South Florida Water Management District agreed to provide the County with copies of all data, reports, correspondence, applications, staff reviews and other information regarding the Green Meadows Wellfield.

7. The report of the South Florida Water Management District recommends that a water use permit be issued to the Florida Cities Water Company pursuant to Applications #01109-J and #01109-L for a total annual allocation of 1.64 BGY for ten (10) years subject to thirty-one (31) limiting conditions. The parties agreed to the report, which concluded that the water use requested by the Florida Cities Water Company represented a reasonable beneficial use of the resource, and that the use was in the public interest.

   
   

8. The Hearing Officer finds that the water use requested by he Florida Cities Water Company represents a reasonable beneficial use of the resource and the use is in the public interest.

   
   

9. The Respondent and Intervenor submitted proposed findings of fact, memoranda of law and proposed recommended orders. Petitioner agreed to the proposed order of the Respondent. These instruments were considered in the writing of this order. To the extent the proposed findings of fact have not been adopted in, or are inconsistent with, factual findings in this order they have been specifically rejected as being irrelevant or not having been supported by the evidence.

   
   

   CONCLUSIONS OF LAW

   
   

10. The Division of Administrative Hearings has jurisdiction of this matter and the parties thereto pursuant to Section 120.57, Florida Statutes.

    
    

11. Chapter 373, Florida Statutes, creates the authority of the South Florida Water Management District to require a permit for water withdrawals within the aquifiers within said district. An extensive study has been made by the South Florida Water Management District pursuant to the filing of the subject applications for a public water supply system, which service area is located in Ranges 23 and 24 East of Township 46 South, Ranges 23 and 25 East of Township 45 South. Pursuant to the rules and regulations of the South Florida Water Management District, a comprehensive report has been filed which has been accepted by the parties in this cause.

RECOMMENDATION

Based upon the foregoing Findings and Conclusions of Law, the Hearing Officer recommends that a water use permit be issued to the applicant pursuant to Applications #01109-J and #01109-L for a total annual allocation of 1.64 BGY for ten (10) years subject to the thirty-one (31) limiting conditions attached to the "Florida Cities Water Company" report, which report is a part of the record of this case.

DONE and ORDERED this 18th day of January, 1980, in Tallahassee, Leon County Florida.

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 18th day of January, 1980.

COPIES FURNISHED:

Stephen A. Walker, Esquire

South Florida Water Management District Post Office Box V

West Palm Beach, Florida 33402

Ross A. McVoy, Esquire

318 North Monroe Street Post Office Box 669 Tallahassee, Florida 32302

Terry F. Lenick, Esquire Assistant County Attorney County of Lee

Post Office Box 398

Fort Myers, Florida 33902

=================================================================

AGENCY FINAL ORDER

=================================================================

GOVERNING BOARD OF THE

SOUTH FLORIDA WATER MANAGEMENT DISTRICT

)

FINAL ORDER

The Hearing Officer's Recommended Order on Application Nos. 01109-J and 01109-L came to be heard before the Governing Board of the South Florida Water Management District on the 14th day of February, 1980. After consideration of the Hearing Officer's Recommended order and Exceptions to Hearing Officer's Recommended Order, the Governing Board being fully advised in the premise, it is

ORDERED:

That the Hearing Officer's Recommended Order is hereby adopted by the Governing Board as its own with the following modification to the Findings of Fact:

Replace the last sentence of the first paragraph on page 3 under the Findings of Fact with:

"The report was entered into the evidence and made a part of the record subject to certain objections, which were sustained by the Hearing Officer, the restatement of which are not necessary to the disposition of these permit applications."

DONE and ORDERED at a Public meeting held at Fort Pierce, St. Lucia County, Florida, this 14th day of February, 1980.

SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD

(Corporate Seal) 7

ATTEST:

By Secretary

By Chairman

FILED WITH THE CLERK OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT

ON March 17, 1980

BY Jean Guy

Deputy Clerk

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true copy of the foregoing has been furnished Ross

A. McVoy, Esquire, 318 North Monroe Street, Post Office Box 669, Tallahassee, Florida 32302, Terry F. Lenick, Esquire, Assistant County Attorney, County of Lee, Post Office Box 393, Fort Myers, Florida 33902 and Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Room 101, Collins Building, Tallahassee, Florida 32301, by U.S. Mail, this 18th day of March, 1980.

Docket for Case No: 79-001923

Orders for Case No: 79-001923