Recommendation Based upon the above findings of fact and conclusions of law, it is recommended that the permit requested be issued in accordance with the recommendations set forth in the staff report (attached thereto). Respectfully submitted this 31st day of October, 1975, in Tallahassee, Florida. CHARLES C. ADAMS Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Mr. H. S. Cheshire 717 Northeast 2nd Street Pompano Beach, Florida Stephen Walker, Esquire Post Office Box V West Palm Beach, Florida
Recommendation Based upon the above findings of fact and conclusions of law, it is recommended that the permit requested be issued in accordance with the recommendations set forth in the staff report (attached thereto). Respectfully submitted this 31st day of October, 1975, in Tallahassee, Florida. CHARLES C. ADAMS Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Mr. Arthur Hastings 708 Lincoln Avenue Leesburg, Florida John Wheeler, Esquire Post Office Box V West Palm Beach, Florida 33402 Granada Properties, Ltd. 341 North Mills Orlando, Florida
Recommendation Based upon the above findings of fact and conclusions of law, it is recommended that the permit requested be issued in accordance with the allotments and conditions set forth in the Staff Report and the Addendum to Staff Report attached hereto. Respectfully submitted this 7th day of October, 1975, in Tallahassee, Florida. DIANE D. TREMOR, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Stephen A. Walker, Esquire Attorney for the Central and Southern Florida Flood Control District P.O. Box V West Palm Beach, Florida Mr. Robert H. Fowler, P.E. 110 Lakeview Building North Palm Beach, Florida 33408
Recommendation Based upon the above findings of fact and conclusions of law, it is recommended that the permits requested and the right-of-way permit be issued in accordance with the recommendations set forth in the Staff Report (attached hereto), as amended at the hearing of this cause, which amendments are discussed in the Findings of Fact herein. Respectfully submitted this 7th day of October, 1975, in Tallahassee, Florida. DIANE D. TREMOR, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Stephen A. Walker, Esquire Attorney for the Central and Southern Florida Flood Control District P.O. Box V West Palm Beach, Florida 33402 Mr. John Moose General Manager of Ascot Groves, Inc. P.O. Box 576 Fort Pierce, Florida 33450
Findings Of Fact The subject applications requests a permit from the Central and Southern Florida Flood Control District for the irrigation of 280 acres of golf courses. The public notice of hearing appearing in The Fort Lauderdale News, Fort Lauderdale, Florida, which noticed the permit applications submitted on behalf of the Fort Lauderdale Country Club, were received into evidence without objection. Mr. Carnahan, as representative for the applicant and Mr. Walker, on behalf of the Central and Southern Florida Flood. Control District stipulated to the introduction of the applications and the staff report of the Central and Southern Florida Flood Control District, without objection. It was further stipulated that the matters as contained in the applications and staff report could be utilized as a basis for findings of fact and recommended order, without the necessity of putting on testimony in behalf of - the applicant or the staff. Pursuant to that stipulation, oral testimony was not presented by the parties. The amount of water requested by the applicant in application number 21938 is 26 million gallons per year and the amount requested in application number 21939 is 264 million gallons per year. The staff report recommended an annual allocation in the amount of 14.4 inches which is equivalent to 336 acre/feet or 109.4 million gallons a year for approval. Mr. David Carnahan, P.E., representing the applicant, did not offer any further evidence beyond the application and staff report in support of the requests for permits. Specifically, Mr. Nagendra Khanal, Hydrology Division, Resource Planning, Central and Southern Florida Flood Control District, recommended the following, through his staff report: Allocation of 14.4 inches which is equivalent to 336.0 acre/feet or 109.4 million gallons per year. The following special provisions are recommended: Approval of maximum pumpage not to exceed 5.5 inches which is equivalent to 128.3 acre/feet or 41.8 million gallons per month. Diversions of water in this amount are subject to availability of surplus water in the basin, consistent with and subject to specific basin rules including minimum flows and levels, all as determined by the District. The existing five 12 inch wells with the total installed capacity of 3,020 gpm. The term of allocation is until October, 1977. The applicant shall install a measuring device. Pumpage records from the wells shall be submitted to the District at the end of each irrigation season. There were no persons at the hearing who wished to act as intervenors in the capacity of proponents or opponents of the applications, nor were there any members of the general public, not party to the proceedings, who wished to comment on the applications.
Recommendation Based upon the above findings of fact and conclusions of law, it is recommended that the permits requested be issued in accordance with the recommendations set forth in the staff report (attached thereto). Respectfully submitted this 31st day of October, 1975, in Tallahassee, Florida. CHARLES C. ADAMS Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 31st day of October, 1975. COPIES FURNISHED: Mr. David Carnahan 1350 South Pompano Parkway Pompano Beach, Florida 33020 Stephen Walker, Esquire Post Office Box V West Palm Beach, Florida 33402 Fort Lauderdale Country Club 415 Country Club Circle Fort Lauderdale, Florida
Findings Of Fact The subject application requests a permit from the Central and Southern Florida Flood Control District for the agricultural irrigation of 640 acres of grass-clover mixture, of which approximately 320 are planted annually to small grains and annual rye grass. The public notice of hearing appearing in The Orlando Sentinel Star, Orlando, Florida, and The Evening Herald, Sanford, Florida, which noticed the permit application submitted on behalf of Robert E. Lee, were received into evidence without objection. (A copy of The Orlando Sentinel Star exhibit, public notice of hearing, is attached to this report, because the original of the exhibit is contained with the report on docket no. 61, application 21423.) Mr. Lee and Mr. Wheeler on behalf of the Central and Southern Florida Flood Control District stipulated to the introduction of the application and the staff report of the Central and Southern Florida Flood Control District, without objection. It was further stipulated that the matters as contained in the application and staff report could be utilized as a basis for findings of fact and recommended order, without the necessity of putting on testimony in behalf of the applicant or the staff. Pursuant to that stipulation, oral testimony was not presented by the parties. The amount of water requested by the application is 398.9 acre/feet per year. The staff report recommended approval of 398.9 acre/feet per year, as requested by the applicant, based on the applicant's supplemental water use request. Mr. Lee did not offer any further evidence beyond the application and staff report, in support of the request for permit. The recommendation as contained in the staff report prepared by Mr. Nagendra Khanal, Hydrology Division, Resource Planning Department, Central and Southern Florida Flood Control District, was that the application #25642 for annual allocation of 398.9 acre/feet per year for purposes as applied for was acceptable. However, Mr. Khanal indicated that the permit should be subject to the following conditions: Recommendation of maximum monthly pumpage not to exceed 180.17 acre/feet or 4.70 inches/month. Pumpage in this amount is subject to availability of surplus water in the basin, consistent with and subject to specific basin rules including minimum flows and levels, all as determined by the District. Existing well and 10 inch deep well turbine pump with an installed capacity of 3,000 gpm be approved. This permit shall expire on October 15, 1978. The applicant shall install a measuring device on the well. Pumpage records shall be submitted to the District at the end of each irrigation season. There were no persons at the hearing who wished to act as intervenors in the capacity of proponents or opponents of the application, nor were there any members of the general public, not party to the proceedings, who wished to comment on the application.
Findings Of Fact Application No. 24457 requests the annual diversion, by means of the installation of two wells approximately 8 inches in diameter and 40 feet deep, of 940 acre-feet of ground water for supplemental irrigation of two parcels of land totaling 500 acres. This land is used for growing hay. Received into evidence without objection were the notice of public hearing appearing in The Palm Beach Post, West Palm Beach, Florida, the application in question and the Staff Report of the Central and Southern Florida Flood Control District (FCD), prepared by Bruce L. Cutright with the Hydrology Division of the FCD. The Staff Report, attached hereto, recommended the approval of the application for 600 acre-feet per year subject to certain conditions. At the beginning of the hearing, Mr. Worthington, the applicant, stipulated to the Staff Report and did not present any evidence on his own behalf. Mr. Bruce Cutright was called as a witness by the FCD and testified that he prepared the Staff Report and testified as to its contents. Mr. Cutright reviewed the subject application and determined that agricultural production and irrigation is a reasonable and beneficial use. In determining the actual annual water requirements needed, Mr. Cutright compared three numbers and selected the smallest of the three as the allocable amount. The three compared were the amount requested by the applicant, the FCD's estimate of the amount of recharge entering the shallow aquifer on the applicant's property, and the supplemental crop requirement for hay. It was determined that the water crop for the 500 acres in question is 14.4 inches, or 600 acre-feet or 195.5 million gallons per year. It was recommended that the maximum monthly withdrawal be 211.5 acre-feet or 68.9 million gallons. This amount was based upon the crop requirement during the driest month of a 2 in 10 year drought, assuming an 80 percent irrigation efficiency. The recommendations further included a maximum installed capacity of two wells with a combined capability of 3,500 gpm, with the applicant to submit well completion reports and detailed information on each well immediately upon completion; monthly records of pumpage to the FCD once a year at the end of each irrigation season and that the permit expire on October 15, 1978.
Recommendation Based upon the above findings of fact and conclusions of law, it is recommended that Application No. 24457 be granted and that a permit be issued in accordance with the recommendations set forth in the Staff Report, attached hereto. Respectfully submitted this 7th day of October, 1975, in Tallahassee, Florida. DIANE D. TREMOR Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 7th day of October, 1975. COPIES FURNISHED: John Wheeler, Esquire Attorney for the Central and Southern Florida Flood Control District Post Office Box V West Palm Beach, Florida Mr. Ed W. Worthington Route 3, Box 239A Lake Worth, Florida 33460
Findings Of Fact By application number 21312, the applicant seeks a ten year water use permit for a total annual diversion of 3,831 million gallons to provide water and sewer services to an area containing approximately 7,300 acres. In September of 1969, the Florida Public Service Commission granted the applicant certificates of convenience and necessity. The existing facilities of the applicant include nine wells and an average capacity of 700 gallons per minute each. Based upon historical data and taking into accourt the reduction of construction in the service area, the projected 1984 water demand is 375 gallons per day per unit. This is equivalent to an average of 150 gallons per day per person, using a figure of 2.5 persons per living unit. The ultimate estimated population is to be 70,000 to 80,000 people with 28,000 to 32,000 living units. Based upon the average capacities of the wells, in order to meet the projected demand a total number of 22 or 23 wells will be required. This includes the nine existing wells, eleven proposed wells with the same 700 gallon per minute average and a fifteen percent standby capability of two or three additional wells. Rather than the total number of wells utilized -- 22 or 23, -- what is important is the total gallon per minute capacity of 15,400. An allocation based on this data would be equal to the applicant's requested annual maximum diversion of 3,831 million gallons and a daily maximum diversion of 18.37 million gallons. The requested diversion presents no threat of salt water intrusion. The proposed well sites will create no adverse impact upon the Fort Lauderdale well fields. While there is evidence of recharge to the aquifer from runoff waters, there is insufficient data to determine the exact amount which will be returned. For this reason, the staff report's water budget calculations are conservative.
Recommendation Based upon the above findings of fact and conclusions of law, it is recommended that a ten year permit be issued to the applicant for a maximum annual diversion of 3,831 million gallons; a maximum daily diversion of 18.37 million gallons and a maximum installed field capacity of 15,400 gallons per minute, utilizing 22 or 23 wells with a capacity of 700 gallons per minute each. It is further recommended that the applicant be subject to the conditions set forth on page 5 of the staff report (Exhibit 8) concerning the submission of monthly reports of daily pumpage and actual connections or population served, conformance with health department standards of the water quality of all wells, and the installation and maintenance of an observation well and monthly reports of the data obtained therefrom. Respectively submitted and entered this 10th day of May, 1976, in Tallahassee, Florida. DIANE D. TREMOR Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 COPIES FURNISHED: Mr. John R. Maloy Executive Director Central and Southern Florida Flood Control District P.O. Box V West Palm Beach, Florida 33402 Mr. Edward B. Deutsch 350 Southern Federal Building 400 North State Road 7 Margate, Florida 33063 Mr. John Wheeler P.O. Box V West Palm Beach, Florida 33402 Attorney for the Central and Southern Florida Flood Control District
Findings Of Fact The subject applications request permits from the Central and Southern Florida Flood Control District (FCD) for the agricultural irrigation and drainage of 1,780 acres of citrus lands. Received into evidence without objection were the public notices of hearing appearing in The News Tribune, Fort Pierce, Florida, and The Stuart News, Stuart, Florida; the three permit applications submitted on behalf of Kay-One Grove, Ltd., and the Revised Staff Report of the FCD. The amount of water requested by the applications is 2,670 acre-feet per year with a maximum monthly withdrawal of 600 acre-feet. The Revised Staff Report, prepared by Doug Winter, a Civil Engineer with the Hydrology Division of the FCD, recommended an annual allocation of 1,619.8 acre-feet with a maximum monthly withdrawal of 574.8 acre-feet. This Report is attached hereto. Mr. Kenneth Harris, a consulting engineer for Kay-One Grove, Ltd., gave a summation of the applications and corrected page 1 of the Revised Staff Report, under the first paragraph of "A", to change "Township 37 South" to "Township 38 South". The summation was substantially the same as that set forth on pages 1 and 2 of the Revised Staff Report. The existing facilities were also represented to be as set forth in the FCD Report. Mr. Doug Winter testified that he evaluated the subject applications and prepared the Revised Staff Report, and testified as to its contents. As to the drainage aspects of the applications, Mr. Winter testified that there would be no adverse effect on the receiving water body since the drainage capacity of the applicant's land is within the FCD's limitations. As to the agricultural uses of the water, Mr. Winter used three criteria to determine the appropriate allocation. These three criteria were the adjusted basin yield, the supplemental crop requirement for citrus and the quantity requested by the applicant. The allocation is normally the lesser of these three quantities. It was determined that the adjusted basin yield was the limiting criteria and the amount of water available for annual allocation is 10.92 inches per acre per year for the C-23 basin, which equates over the applicant's 1,780 acres to be 1,619.8 acre-feet. The FCD uses this 10.92 figure for all allocations within the C-23 basin. The maximum monthly pumpage figure based on the amount of water which would be needed in the driest month to offset a 2 in 10 year drought, modified by an 80 percent application efficiency, was determined to be 3.875 inches par acre per month, or 574.8 acre-feet or 187.3 million gallons for the entire tract of 1,780 acres. This is in contrast to the 4.0 inches per acre maximum monthly withdrawal requested by the applicant, which would equate to 600 acre-feet. As to the use of ground water from three wells located on the property, Mr. Winter determined that the allocation would be the same as for the C-23 withdrawals since the recharge of these wells would be the same as the recharge of the surface water source. Mr. Winter then reiterated the conclusions and recommendations set forth in the Revised Staff Report. It was recommended that a water use permit be issued pursuant to Application Numbers 23238 and 22046 for an annual allocation of surface water and/or ground water in the amount of 1,619.8 acre-feet, which represents 10.92 inches per acre per year, with the condition that the maximum monthly withdrawal of surface water and ground water for the combination of the two not exceed 187.3 million gallons (which represents 3.875 inches per acre or 574 acre-feet) during times of adequate water level or moderate drought conditions. Should severe drought conditions occur, the FCD will issue an order requiring a reduction of water withdrawal rates based on a water shortage plan developed by the FCD. It was recommended that a surface water management permit be issued pursuant to Application No. 22039 for the operation of a system consisting of ditches, dikes, pumps and culverts as described in the application with the conditions set forth on page 11 of the Revised Staff Report. Finally, it was recommended that a right-of-way permit be issued authorizing a 48 inch culvert connection through the FCD's south right-of-way of C-23 adjacent to Project Culvert 15 and the use of Project Culvert 13. Mr. Harris then sought a clarification of the maximum monthly pumpage amount and was assured that the applicant could apply for emergency authorization of further withdrawals under the FCD's rules and regulations, provided extreme drought conditions were not existent. It was explained that the monthly quantity allowed here, the 3.875 inches, was based on reports of the average rainfall for the Fort Pierce area and the crop requirements. The Hearing Officer then asked Mr. Harris to explain his objections, if any, to the Revised Staff Report. Mr. Harris explained that the difference between the amount of water requested and that received in the Report is small, less than 10 percent. His only other objection was to the maximum allowable runoff figure. He would like this to be increased from the recommended 2.2 inches to 4 inches. It was explained that the allowable figure is based upon the maximum capacity of the canal. Mr. Harris stated that the applicant would probably make further application for additional run-off in the future.
Recommendation Based upon the above findings of fact and conclusions of law, it is recommended that the permits requested and the right-of-way permit be issued in accordance with the recommendations set forth on pages 9 through 11 of the attached Revised Staff Report. Respectfully submitted this 7th day of October, 1975, in Tallahassee, Florida. DIANE D. TREMOR, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Mr. E.D. Holcomb, Jr. General Manager Kay-One Grove, Ltd. Post Office Box 1120 Fort Pierce, Florida 33450 Stephen A. Walker, Esquire Attorney for the Central and Southern Florida Flood Control District Post Office Box V West Palm Beach, Florida
