December 5, 1975
"IN RE: SWFWMD Public Hearings
Limiting the Scope of Reference
Proposed Order of Reference to Hearing Officer:
The Governing Board of SWFWMD requests that a hearing
"officer be assigned by the Division of Administrative
hearings of the Department of Administration to conduct a
hearing in connection with application #
S \submitted by to SWFWMD to make
factual determinations on the following matter:
1. Whether the application is for a new consumptive
use of water or for the 'continuation of a use of water which
existed prior to January 1, 1975.
2. The maximum amount of water to be withdrawn per
3. The maximum amount of water to be withdrawn during
any single day.
4. The maximum amount of water to be consumptively
used per year.
5. The maximum amount of water to be consumptively
used during any single day.
6. The source of the water supply.
7. The use to be made of the water and any limita-
tions on such use.
8. The method of withdrawal or diversion of the
water, including the estimated size of drop or intake
pipe, the size pump and the size motor.
9. The place and area where the water is to be
used. (If for irrigation, determine the acreage to be
irrigated, the method of irrigation to be employed and
the crops to be irrigated.)
10. The location of the point of withdrawal or
11. An accurate legal description of the land owned,
leased, or otherwise controlled by the applicant. (If
the land is not owned by the applicant, determine the terms
and conditions of the lease or how it is otherwise controlled
by the applicant.)
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12. Determine if the affidavit of ownership as
required by rule 16J-2.06(2) has been fully complied with
13. If the application is for a new use (or for an
increased use) determine if the new (or increased use):
a. will cause a rate of flow of a stream or
other water course to be lowered below any minimum rate
of flow heretofore established by the board.
b. because the level of the potentiometric
surface to be lowered below any regulatory level is
heretofore established by the board.
c. will cause the level of the surface of
water to be lowered below any minimum level heretofore.
d. will significantly induce saltwater
e. will cause the water table to be lowered so
that the late stages of vegetation will be adversely and
significantly affected on lands other than those owned,
leased, or otherwise controlled by the applicant.
14. If the application is for a new (or increased)
use, determine if the amount of water to be consumptively
used will exceed the water crop of lands owned, leased,
or otherwise controlled by the applicant. (Unless deter-
mined otherwise, the water crop [precipitation less
evapotranspiration] should be assumed to be 365,000 gallons
per year per acre.)
15. Determined if the new (or increased) withdrawal
a. from a stream or other watercourse will
reduce the rate of flow by more than 5% at the time and
point of withdrawal.
b. will cause the level of the potentiometric
surface under lands not owned, leased or otherwise controlled
by the applicant to be lowered more than 5 ft.
c. will cause the level of the water table not
owned, leased or otherwise controlled by the applicant to
be lowered more than 3 ft.
d. will cause the level of the surface of water
in any lake or other impoundment to be lowered more than
1 ft. unless the lake or impoundment is wholly owned,
leased or otherwise controlled by the applicant.
e. Will cause the potentiometric surface to be
lowered below sea level.
Upon completion of the hearing, the hearing officer
should complete and submit to the Governing Board a
recommended order consisting of his findings of fact,
conclusions of law, interpretation of administrative rules
and any other information required limited solely to the
matters set forth hereinabove. The scope of reference of
this matter to the hearing officer is limited to the matter
set forth hereinabove and the hearing officer should not
concern himself with other peripheral matters and should
not make recommendations as to the issuance or denial of