Title: Order granting petitions for formal proceedings
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 Material Information
Title: Order granting petitions for formal proceedings
Alternate Title: CUP No. 200003 Section 21 well field and No. 200004 Cosme-Odessa well field, and No. 206676 NW Hillsborough well field. Order granting petitions for formal proceedings and referral to Division of Administrative Hearings.
Physical Description: 5p.
Language: English
Publication Date: Aug. 3, 1983
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 2, Folder 5C ( COSME-ODESSA SFWMD - SWFWMD ), Item 39
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051199
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text






the matters be referred to the Division for the appointment of a

Hearing Officer to conduct hearings must be and is hereby granted.

15. That the Motion for Consolidation is granted.

S16 Tom F Brown is allowed intervention subject to

further demonstration of substantial interests before the Hearing

Officer.

17. That the defense or plea of this Board set forth in

paragraph 8 above be considered preliminarily by the Hearing

Officer, and the Board would urge that those matters be stricken.

18. That all other outstanding procedural matters not

previously ruled upon by this Board are referred to the Hearing

Officer.

19. That the Applicants be held to the burden of strict

proof in support of the CUP application, and that none of the

matters addressed in the District staffs' Draft Evidentiary Eval-

uation dated August 1982, or subsequent draft revisions thereto

be taken as proven.

DONE AND ORDERED the 3rd day of August, 1983, by the

Governing Board at Brooksville, Florida.
SOUTHWEST FLORIDA WATER MANAGEMENT
DISTRICT



ATTEST :
BRUCE A. SAMSON, CHAIRMAN



JAMES H. KIMBROUGH, SECRETARY
(SEAL)
Director, Regulation

Attorney, Regulation
FILED WITH CLERK,
SWFWMD on General Counsel
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AS CLERK, SWFWMD





R08-03-83


to redetermination except by this Board; and should be stricken

by the Hearing Officer as issues not subject to referral.

9. The allegations set forth in paragraphs 38 through 50

of the Section 21 Petition, paragraphs 37 through 49 of the CO

Petition, and paragraphs 37 through 50 of the NWH Petition, con-

tain statements of ultimate issues which must be established by

proof and therefore should not be taken as admitted by the District.

10. The Motion for Consolidation should be granted.

119 Tom F. Brown appeared before the Board and orally

requested leave to intervene as a party. He stated that he and

his wife own property adjacent to the Sheldon Road Wellfield which

is part of the NWH application and raised several matters to

show how his substantial interests will be affected by the proposed

permit. Mr. de la Parte stated that the applicants have no objection

to Mr. Brown being granted party status contingent upon his Petition

being reduced to writing and being subject to rebuttal at a subse-

quent hearing.

12. All matters not addressed by the Board in its Order

No. 82-20, granting the Petition of Ben H. Hill, III to Intervene,

including standing of Saddleback Lake Association, Inc., to Inter-

vene and other matters addressed in that Petition, should be

referred to the Hearing Officer.

Wherefore, upon consideration, it is

ORDERED

13. That the Petitions for Formal Proceedings in each of

the pending Consumptive Use Permit proceedings is granted.

14. That as requried by Chapter 83-78, Laws of Florida,

the request of each Applicant for Consumptive Use Permit that

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5. The Petitions in each pending proceeding related to

the above referenced Consumptive Use Permit Applications (herein-

after referred to as Section 21 Petition, CO Petition and NWH

Petition) contain allegations that the Petititioners have a sub-

stantial interest in the proceedings and that there are disputed

issues of material fact.

6. The allegations contained in paragraph 19 of the CO

Petition and in paragraph 20 of the Section 21 and NWH Petitions,

supported by previous allegations in paragraphs entitled back-

ground, appear sufficient to demonstrate that Petitioners have

substantial interests to be determined.

7. The Petitions allege that there are disputed issues

of material fact. The Petitioners allege that disputed issues of

material fact include each material matter which must be estab-

blished by an applicant for a Consumptive Use Permit as set forth

in Section 373.223, Florida Statutes, and in Section 40D-2.301,

Florida Administrative Code. Without consideration of any allega-

tions other than those contained in paragraphs 20 through 32 of

the CO Petition and paragraphs 21 through 33 of the Section 21 and

NWH Petitions, and reviewed in light of allegations in Intervenors

Petition respecting disputed issues of material fact, it prima facie

appears that there are disputed issues of material fact.

8. The allegations set forth in paragraphs 34, 35 and 36 of

the Section 21 Petition, in paragraphs 33, 34 and 35 of the CO

Petition and in paragraph 34 of the NWH Petition, are related to

matters previously determined by the Board; should not be subject

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08-02-83




application. In addition, a Motion to Consolidate the pending

applications for final hearing has been filed.

Upon consideration of such Petitions for Formal Proceed-

ings and such Motion for Consolidation, and all other procedural

matters still pending for determination by the Board, having

heard statements of General Counsel for the District regarding

the background and import of the matter of referral to the Divi-

sion of Administrative Hearings, and having heard argument of

counsel for the Applicants, the Board

FOUND AND DETERMINED as follows:

1. Each pending Petition for Formal Proceedings must be

granted or denied by the Board this date.

2. Formal proceedings are afforded to a Petitioner in all

proceedings in which the substantial interests of a party are

determined, and the proceeding involves a disputed issue of material

fact.

3. The Board understands that under a new law passed by

the 1983 legislature,when the Petitioner is an Applicant for a

Consumptive Use Permit, and the Petitioner requests that the

Petition be referred to the Division of Administrative Hearings

for appointment of a hearing officer to conduct the hearing, that

the Governing Board may no longer elect to conduct the hearing

itself but that it must refer the petition.

4. The Board further understands that in those proceed-
/
ings before a hearing officer the applicant shall bear the cost

of preserving all testimony and providing transcripts to the water

management district.


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m- -- 08-02-83





SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT


IN RE:

CONSUMPTIVE USE PERMIT )
APPLICATIONS NO. 200003
SECTION 21 WELLFIELD AND )
NO. 20004 COSME-ODESSA ) ORDER NO.
WELLFIELD, FILED BY WCRWSA/ )
CITY OF ST. PETERSBURG; AND )
NO. 206676 NORTHWEST HILLS- )
BOROUGH REGIONAL WELLFIELD, )
FILED BY WCRWSA/HILLSBOROUGH )
COUNTY )


ORDER GRANTING PETITIONS FOR
FORMAL PROCEEDINGS AND REFERRAL TO
DIVISION OF ADMINISTRATIVE HEARINGS


Continued Public Hearings before the Governing Board in

the above referenced proceedings were duly convened as scheduled

and noticed at 9:30 a.m. on August 3, 1983. These hearings were

commenced September 1, 1982, and have been continued from such

date. Parties to the proceedings are the West Coast Regional

Water Supply Authority, the City of St. Petersburg and Hillsborough

County, Applicants and Ben H. Hill, III, Intervenor, who was

granted full party status by Order No. 82-20 of this Board on

September 1, 1982.

At the outset the Board took up certain procedural matters

which had to be considered prior to hearing the Consumptive Use

Permit applications. As to each application, the applicant has

filed a Petition for Formal Proceedings and referral to the Divi-

sion of Administrative Hearings for the appointment of a Hearing

Officer to conduct the Formal Hearing on each pending CUP





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