Title: Consumptive Use Permit No. 75-00001
CITATION PAGE IMAGE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00052697/00001
 Material Information
Title: Consumptive Use Permit No. 75-00001
Alternate Title: Letter to SWFWMD from Thomas E. Cone, Jr. re Consumptive Use Permit No. 75-00001 Pentti Jarvi and enclosing his report to the Governing Board on this Permit Application, along with handwritten questions, and Consumptive Use Application form. April 14, 197
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 5, Folder 15 ( SF PERMITTING - FIRST SWF CUP HEARING ), Item 7
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052697
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



C ':-.NS, TUCKER, MCEWEN, SM COFER & TAUB
ATTORNEYS AND COUNSELLORS AT LAW

606 MADISON STREET, P. 0. BOX 1363
TAMPA. FLORIDA 33601 M. c. IBBONS, 1862.-193
GUNRBY GIBBONS, 1806-1970
(813) 228-7841 [ErSTER lILAIN PHILIP H. LAZZARA
lARRY E. CI[RISTENS:VN ,JAMES M. MOBWENe
April 14, 1975 ,oSEP. COFB BRADFORD MILLER
April 14, 1975 OMAS E. CONE, JR. WILLIAM R. PLATT
A. FLETCHEiR DYCHER ARMIN H. SMITH, JB
J. MICHAEL FORD IRICHARD N. STETI
AKRTHUR S. GIBBONS THEODORE 0. TAUB
MYRON G. GIBBONS WVM. EARLE TUCKER
ROBERT C. GIBBONS S. THOMAS UILMAN
SAM M. GIBBONS JACQUELINE B. WHATLEY
J*OllN A. O(ITYTON, JR. ROBERT V. WILLIAMS


IN R111'Fy REFER TO0

Jay Ahern, Esquire
Staff Attorney
Southwest Florida Water
Management District
Brooksville, Fla., 33512

Re: Consumptive Use Permit
No. 75-00001 Pentti Jarvi


Dear Mr. Ahern:

Enclosed is my report to the Governing Board on this Permit
Application. I have attached to the original report the exhibits
that were introduced at the hearing. The entire package is being
returned to you in the Southwest Florida Water Management District
file on this matter.

I will be working on the LamonteShimberg Reports on April 16,
1975.

Any comments or suggestions you might have to improve clarity
and orderliness would be appreciated.

Very truly yours,




Thomas E. Cone, Jr.


TECjr :chc

Enclosure











REPORT TO THE GOVERNING BOARD OF THE SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT

DATED: 4f.' C\ t-

FROM: Thomas E. Cone, Jr., Hearing Officer

Re: CONSUMPTIVE USE PERMIT APPLICATION
NUMBER 75-00001, PENTTI K. JARVI

Pursuant to your request, I presided at a public hearing on

March 24, 1975 at which Consumptive Use Permit Application No. 75-00001

was considered. The application was filed by PENTTI K. JARVI in

order to obtain a permit to withdraw water from three (3) wells

located upon his property in Hillsborough County, Florida, for

irrigation purposes.

The well sites are located within the Alafia Basin on a

twenty (20) acre tract of land. The consumptive use permitting

system for the Alafia Basin was implemented January 1, 1975. The

withdrawal rates for which Mr. Jarvi applied are as follows:

GPD MAX. GPD MIN.

Well No. 1 86,400 72,960

Well No. 2 21,600 18,240

Well No. 3 500 500

Although Mr. Jarvi did not personally attend the public

hearing on his application, the sworn testimony of Joseph (Bud)

C. Holzschuh, Hydrologist, and Hildred Haight, Engineer, was taken

and preserved by means of a recording device. No other witnesses

or spokesmen appeared to speak in favor of or against this application.

The Southwest Florida Water Management District Staff,

speaking through Mr. Holzschuh and Mrs. Haight, recommended that

the permit be granted.

Based upon the proceedings at this hearing and Exhibits 1, 2

and 3, attached hereto, the following are my Findings of Fact,

Conclusions of Law and Recommendations:

FINDINGS OF FACT

1. The withdrawal of water, at the rates and in the manner

specified in the Applicant's Application, will not:

(a) cause the flow of a stream or other water course

to be lowered below the minimum flow established by the Board;










(b) cause the level of the potentiometric surface to be

lowered below the regulatory level established by the Board;

(c) cause the level of the surface of water to be lowered

below the minimum level established by the Board;

(d) significantly induce salt water encroachment;

(e) cause the water table to be lowered so that the lake

stages or vegetation will be adversely and significantly affected

on lands other than those owned, leased or otherwise controlled

by the Applicant.

2. The amount of water consumptively used, as per the Appli-

cant's Application, will not exceed the water crop of lands owned,

leased or otherwise controlled by the Applicant.

3. The withdrawal of water, at the rates and in the manner

specified in the Applicant's Application, will not:

(a) reduce the flow of a stream or other watercourse by

more than five percent (5%) at the time and point of withdrawal;

(b) cause the level of the potentiometric surface under

non-applicant lands to be lowered more than three (3) feet;

(c) cause the level of the water table under non-applicant

lands to be lowered more than three (3) feet;

(d) cause the level of the surface of water in any lake

or impoundment to be lowered more than one (1) foot;

(e) 'cause the potentiometric surface to be lowered below

sea level.

4. The intended consumptive use is a reasonable-beneficial use,

as defined in Section 373.019(5) Florida Statutes.


Findings of Fact specified above in Paragraphs 1, 2 and 3

correspond to the conditions set out in Sections 16J-2.11 (2)(3)

and (4), Florida Administrative Code("Conditions for a Consumptive

Use Permit"). The uncontroverted testimony at the hearing indi-

cated that each of the foregoing conditions were satisfied.


Findings of Fact specified in Paragraph 4 above are based upon

the personal opinion of Mr. Holzschuh, the absence of any contrary


-2-











testimony or evidence in the record and my interpretation of the

corresponding sections of the Florida Administrative Code (herein-

after referred to as "F.A.C.") (16J-2.04(2) (b) and 16J-2.11).


CONCLUSIONS OF LAW:

1. A consumptive Use. Permit is required in order for Mr.

Jarvi to continue to withdraw water for irrigation purposes from

his wells beyond September 11, 1976. Section 373.219, Florida

Statutes, Section 16J-2.04(2), F.A.C.

2. The Notice of Application for Consumptive Use Permit and

notice of the hearing was prepared, published and mailed in accord-

ance with Section 373.116, Florida Statutes and Sections 16J-2.07

and 2.08, F.A.C. I conclude as a matter of law that the im-

proper location of the withdrawal point in said notice was a

de minimus error in said notice, it being only slightly different

from the locations specified in the Applicant's Application.

3. The conditions for the issuance of the permit requested

by Mr. Jarvi for an existing use are specified in Section 16J-2.04

(2) (b), F.A.C. The proposed use must be "reasonable-beneficial"

and allowable under the common law of the State of Florida.

I have previously stated that I have found the proposed use

to be a reasonable-beneficial use. I conclude that where, as here,

the proposed withdrawal of water satisfies each of the requirements

and conditions of Sections 16J-2.11 (2), (3) and (4), F.A.C., a

prima facie showing has been made that the proposed withdrawal is

a reasonable-beneficial use, provided the use is for an otherwise

legal purpose. In the absence of counterbalancing contrary evidence

in the record, as was the case here, this prima facie showing

becomes and is conclusive.

4. I further conclude that the proposed use, being one that

will be employed on the overlying lands which are owned and con-

trolled by the Applicant, is allowable under the common law of

this state.






-3-










RECOMMENDATION:

I hereby recommend to the Governing Board of the Southwest

Florida Water Management District that Consumptive Use Permit Appli-

cation Number 75-00001 (PENTTI K. JARVI) be granted pursuant to

Section 16J-2.04 (2) (b), Florida Administrative Code.




THOMAS E. CONE, Jr., Esg'iire
Hearing Officer
Gibbons, Tucker, McEwen, Smith,
Cofer & Taub
606 Madison St., P.O. Box 1363
Tampa, Florids, 33601


I HEREBY CERTIFY that a copy of the foregoing has been fur-
nished by mail this /^ day of April, 1975 to Pentti K. Jarvi,
P.O. Box 34, Ruskin, Florida, 33570.





THOMAS E. CONE, Jr., Esquire












































-4-





7




, ., ^
o .7 ,. ,.

",, .t.,k 6 '

," '. ,'*' *.. A. ,-
S i. '* . S i' ..,







S.... ... ,* ) ,. ,c i' .< / .. ,,^ d! ..^^ / /< 1 ? -*- ; f,


,, ... ^* .... ,._ .. r-,,
I ., ,, ". ...J

f '.'
.. r, "*
4;, - .t .
,,,,,, C .. r
:, ; /*. P








* .: ...*' ,, ^^ .
1.1.




.* +*^, ,. .
. .




.. y^.. ^ 'i^ ,.^. L<. ^ -
" ""

,I i A.


.. .. -, ,(/:, .,," ^ ...,
: (, .
,. r '~i :r~ ,L







Si .. "'.,',,': 'k'
i,.>

~~ ... .... it:-%..c. -c,'Rr ." /.;* C:i:"c~.k
S /4 *.. ,:>^ r ^*- -












? ... ", ^i i ... ".. + ; f
\ \





""
..~. "=f- ..... i ; i]. t:' Le:li C ~ ~ ..a.r -e.~ rr ./3






I .. ....
< "-- , ," d '" :,








...; ..: ; r ,. /c ,- < ....... ,.: ..1^^9 ,...* ^ -' y t -f ..^
|* "1"" ""~ "" ^










] ,.. ii-' <^ *<-^ el ^- 7^ I '






{i */ ^ ,,+^' ^ ^7 "- 'i.c^ .':": *,, "' <. ... "............
1 y ." .; ... .'? ,'



.... *;::. ' .. ,: < .,, L .,* *^ .. < : .. ^ ..... ... < .. Y < d ': < '< ;i : *.^ '-l <..< .."
.< f ,i ... .. t,
) '.- -.
S.. ... , '##














... <.:'t t e- 1" ^ -1^ '.** '. < '.><* ",-5 d..,::-. <' '-. *:* -"-
,~~~~~~~ ~~~ ... j.l. .'"...' .. .














. ...-.. :,o.. .,;^ -, i .^ ,, ...
ii


















...a. .,-
.':., . ... ,- , ..,.,. *<.:',. ., d',+ .. ,l ^ .: .., ., ..:," ,.












,9. L,.,, :. .;
. .* i I" ...." ,. .q: i. K '." . i. .




.
# 1 A
', ./.. ,.. C I

.* ... ...K. ...., t.; .d ..A. ..../Y .. ....
*; ....... ... '






/. /'", -"'' 'y^-". .. ..... ...t ^ ^ -..- ^ ..' ,,,.^^ .
{"~~~c -. t^ /? ./ /\ "







4 / t:
';' .

... ,, \ i !. , / ^ .... -. *" ..<.... ^ c,"'<. ... ^ ,
:"": ,,'L i.,'."' '
S' ...4 " : <-<" C- > S ,
^I: ^ ^









c i A

4 -' -< z ...
1 ,,,. '< -. .... .. .... .*( f' ....*..
tii f "2 [""










[ .. .. .. 'a ~ "'"

*S f.. ,.


.. ... :,, .., .."-,.'.
-. ...II

-. /
.o-








& .. .-. .. f-... ,. ..> r : ,' s. r.





/\p 6 A ,J" "-->- t C.




S...../ "/:: Z ..- ,-

// A
*' ^^ .'^-- "..< ?j4 .... ,
., ' ,-$ 1. .- ,..Zr....6















iI../ "ar ^ ^ "-" -:^ ^
^'" ?"" ~ I. r~





I*----- --------- -- -

,' r i .....














.B









, c_ -1 ,


' 8 "












3,





,1 ... -
sCaI a" ~












't C t








" ""' J ,-





B^^^^^ ^ 2 |||
S:s




































-p i I _






It 1

to





















-, _, __ ___ ._ _
. ,.





i J
"ro \





































H5H H H H H I E I I




























** '


Ll 4, I11 Z 1 I I Z 3 O



&* ,,_________________________. _______ _____________________ _JJIIL : __,. :_ TTTJJ^ ;iujnm\_iii:. __________





University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs