Title: Notice of Referral of three cases from SWFWMD
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 Material Information
Title: Notice of Referral of three cases from SWFWMD
Alternate Title: Notice of Referral of three cases from SWFWMD to the Division of Administrative Hearings and identifying Petitioners, Respondent, and Intervener.
Physical Description: 4p.
Language: English
Publication Date: Aug. 12, 1983
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 2, Folder 5C ( COSME-ODESSA SFWMD - SWFWMD ), Item 113
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051272
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








CERTIFICATE OF SERVICE



I HEREBY CERTIFY that the original and one true copy of the foregoing Notice

of Referral has been furnished by United States Mail to the Division of Administrative

Hearings, Oakland Office Building, 2009 Apalachee Parkway, Tallahassee, Florida 32310,

on this 12th day of August 1983, and a true copy of same furnished by mail on such date

to:

Edward P. de la Parte, Esquire
de la Parte & Gilbert, P.A.
705 E. Kennedy Boulevard
Tampa, Florida 33602
Telephone: 813/229-2775
ATTORNEY FOR WEST COAST REGIONAL
WATER SUPPLY AUTHORITY, HILLSBOROUGH
COUNTY AND THE CITY OF ST. PETERSBURG

Carl Linn, Esquire
267 75th Street
St. Petersburg Beach, Florida 33706
Telephone: 813/360-2464
ATTORNEY FOR THE CITY OF ST. PETERSBURG

Benjamin H. Hill, HI, Esquire
Post Office Box 3324
Tampa, Florida 33601
Telephone: 813/273-5000
INTERVENOR

Tom Fairfield Brown, Esquire
11720 Sheldon Road
Tampa, Florida 33624
Telephone: 813/920-6661
PETITIONER

L. M. Blain, Esquire
Blain & Cone, P.A.
202 Madison Street
Tampa, Florida 33602
Telephone: 813/223-3888
GENERAL COUNSEL, SOUTHWEST FLORIDA
WATER MANAGEMENT DISTRICT





J/ EDNWAD CURRENT
At torney-Regul at ion
Southwest Florida Water
Management District

















Page 4 of 4











7. Notice to parties is further given that the submission of materials referenced in

5(7) above does not include several hundred objections to the Applications filed with the

District in response to Notice, nor does it include many other documents contained in the

File of Record respecting each Applicaton. The District will supplement the record

submitted herewith with any or all materials contained in such Files of Record upon

request from any party, subject nevertheless to the control of the Hearing Officer.

Respectfully submitted this 12th day of August 1983.

SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT




EDWARD CURRENT
Attorney-Regulation
2379 Broad Street
Brooksville, Florida 33512
(904) 796-7211


















































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2. The Governing Board as agency head considered such Petitions and Motion during

Public Hearing on August 3, 1983, and granted the Motion to Consolidate, acc :ted the

Petitions for Formal Proceedings, granted the requests for referral as required by

Chapter 83-78, Laws of Florida, and took other appropriate action, all in the manner and

the form as set forth in its Order 83-15 of such date in such proceedings.

3. The District requests that the Division of Administrative Hearings assign these

matters to a Hearing Officer, with due regard to the expertise required for these

consumptive use permitting matters, to conduct all necessary proceedings required under

the law and submit a Recommended Order to the District.

4. The forwarding of these Petitions is not a waiver of the District's right to assert

any material defects in the Petitions including those matters identified in Governing

Board Order No. 83-15.

5. Attached are the following:

(1) The three original Petitions for Formal Proceedings filed in these matters

(2) The original Motion to Consolidate

(3) Governing Board Order No. 83-15

(4) Governing Board Order No. 82-20 Granting Intervention to Benjamin H. Hill,

MI (as referenced in Order No. 83-15)

(5) Petition to Intervene filed by Benjamin H. Hill, II (as referenced in Order

No. 83-15)

(6) Tom F. Brown's written Petition in support of intervention as contemplated

by Order No. 83-15

(7) Other materials filed with the District and Notices with respect thereto, as

fo allows:

(a) Application for CUP No. 200003 (Section 21)

(b) Application for CUP No. 200004 (Cosme-Odessa)

(c) Application for CUP No. 206676 (N.W. Hillsborough)

(d) Letter of Modification of Application No. 206676 (March 17, 1983)

(e) Notice to adjacent property owners of Application No. 206676.

(f) Proof of Publication of Notice of each Application

(g) Notice to Objectors (interested parties) respecting August 3, 1983,

Governing Board Hearing

6. By copy of this Notice of Referral, all parties are on notice respecting the

Governing Board's action taken on August 3, 1983, and of receipt by the District on

August 4, 1983, of the Petition of Tom F. Brown, copies of which are attached hereto and

served herewith.



Page 2 of 4











STATE OF FLORIDA
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT



WEST COAST REGIONAL WATER SUPPLY )
AUTHORITY, and HILLSBOROUGH COUNTY, )

Petitioners, )
) SWFWMD No.
vs. ) 206676, 200003
) and 200004
SOUTHWEST FLORIDA WATER MANAGEMENT )
DISTRICT, ) DOAH Case No.

Respondent, )

vs. )

BENJAMIN H. HILL, 11 )

Intervenor. )


WEST COAST REGIONAL WATER SUPPLY )
AUTHORITY, and the CITY OF )
ST. PETERSBURG, )

Petitioners, )

vs. )

SOUTHWEST FLORIDA WATER MANAGEMENT )
DISTRICT, )

Respondent, )

vs. )

BENJAMIN H. HILL, III, )

Intervenor. )



NOTICE OF REFERRAL

TO: Division of Administrative Hearings
Oakland Office Building
2009 Apalachee Parkway
Tallahassee, Florida 32310

PLEASE BE ADVISED as follows:

1. The Southwest Florida Water Management District received three Petitions for

Formal Proceedings filed by the Applicants in three separate Consumptive Use Permit

proceedings pending before the Governing Board, each requesting that the Petition be

referred to the Division of Administrative Hearings pursuant to Section 120.57(1)(b)13,

Florida Statutes (Chapter 83-78, Laws of Florida) for the appointment of a Hearing

Officer to conduct a formal proceeding. A Motion to Consolidate was also received

requesting that the three Petitions be consolidated and assigned to the same Hearing

Officer for final hearing.





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