Title: Consumptive Use Permit Application, LaMonte Shimberg Corporation
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00052700/00001
 Material Information
Title: Consumptive Use Permit Application, LaMonte Shimberg Corporation
Alternate Title: WFWMD. Governing Board. Report from Thomas E. Cone, Jr., Hearing Officer re Consumptive Use Permit Application Number 75-00006, LaMonte Shimberg Corporation
Physical Description: 6p.
Language: English
Publication Date: April 21, 1975
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 5, Folder 15 ( SF PERMITTING - FIRST SWF CUP HEARING ), Item 10
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052700
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




Pursuant to your request, I presided at a public hearing

on March 24, 1975 at which Consumptive Use Permit Application

No. 75-00006 was considered. The application was filed by

La Monte Shimberg Corporation in order to obtain a permit to

withdraw water from the aquifer beneath its property in Pasco

County, Florida, for public water supply purposes.

The applicant originally applied for a permit to encom-

pass withdrawal of water from two (2) separate wells. At the

outset of the hearing the applicant submitted an addendum to

its original application. The addendum modified the original

application in two (2) ways namely:

1. The well designated as well No. 2 in the original

application was dropped and withdrawn from the application.

2. The withdrawal rates of well No. 1 (281050823525) were

substantially reduced.

The single well lte remaining for consideration is lo-

cated within the Pinellas-Anclote Basin on a three hundred

sixty nine and 6/10ths (369.6) acre tract of land. The predom-

inant portion of this tract and the well site itself are in Pasco

County, although a portion of this land is also located within

Hillsborough County.

The revised application requests a consumptive use permit

authorizing the withdrawal of water from the single well of up

to a maximum of 880,000 ,o lons per day and an average daily

withdrawal of 220,000 ga' ons. This water is to be used as the

public water supply for : bannedd community to be known as

"Crippenwood I and II" t i.e developed by the applicant. A

secondary use for fire i. -ing and emergency purposes will also

be implemented as requi. Disposal of the water is to occur

by on-the-site percolation and ponding facilities.

The application is for a "new use" under Section 16J-2.04,

Florida Administrative Code (hereinafter referred to as F.A.C.).

Attending and participating at the hearing were the following


For the Applicant: Mr. Barry Elkin, Chief Counsel,
La Monte Shimberg Corporation, Mr.
Donald A. Buck, Vice-President,
La Monte Shimberg Corporation, Mr.
John Eastes,P.E., Heidt & Associates,

For the Southwest Florida Water
Management District: Mr. Jay Ahern, Counsel, Mr. Joseph
C. (Bud) Holzschuh, Hydro-Geologist,
Mrs. Hildred Haight, Engineer

Interested Citizens: Mr. John Logan, Water Resouces
Director, Hillsborough County, Florida,
Mrs. Margaret W. Sistrunk, President,
Keystone Park Civic Association,
Mrs. Woodward, the owner of certain
land on Lake Anne (Parker).

Prior to the hearing two letters of objection were received

by the Southwest Florida Water Management District staff in

connection with this Application. These were submitted by Mr. John

Logan and Mrs. Margaret W. Sistrunk, respectively. The objections

voiced in each of these letters were based upon the contents of

the Applicant's original application. Upon being advised at the

hearing of the revisions made by the Applicant in its application,

both Mr. Logan and Mrs. Sistrunk withdrew their objections. These

letters are contained in the Exhibits attached to this report,

with my personal notation appearing on each.

Also, prior to the hearing I received a courtesy copy of a

letter directed to Mr. Derrill McAteer by Mr. Charlie Luckie, Jr.

A copy of this letter is also enclosed with the attached Exhibits.

This letter was regarded by me as an ex parte communication and

was revealed to all persons present at the hearing pursuant to

Section 120.66, Florida Statutes. I made no verbal or written

response to Mr. Luckie, nor did I receive any other verbal or

written communication on the merits of this application prior to

the hearing.

Thus, shortly after the hearing commenced the previously

filed objections on the merits of the Application were withdrawn.


No other objections were made by any persons present on the

merits of the application, as revised by the Applicant.

During the course of the hearing however, Mr. Logan raised

two procedural questions for consideration. First, he questioned

the propriety of the hearing on the revised application in view

of the fact that the published notice identified a different,

and much larger, quantity of water to be withdrawn by the

Applicant. Secondly, he questioned the competence of Mr. Holzschuh

to answer the following question: "Is the proposed use consistent

with the public interest?" I address myself to these questions


The Southwest Florida Water Management District staff,

speaking through Mr.Holzschuh, recommended that the Application,

as revised, be granted subject to the conditions that the

Applicant install a central, propeller driven flow meter on the

well, that monthly readings be made by the Applicant, and that

these readings be transmitted to the Southwest Florida Water

Management District on a semi-annual basis for the duration

of the permit. The Applicant agreed to abide by these conditions.

Based upon the proceedings at this hearing and Exhibits 1,

2, 3, 4, 5, 6, 7, and 8, attached hereto, the following are my

Findings of Fact, Conclusions of Law, and Recommendations:


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 watercourse

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 tihe 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 acotherwise 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) a reasonable-beneficial use;

(b) consistent with the public interest;

(c) one that does not interfere with any legal use

of water existing at the time of the application.

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

correspond to the conditions specified in Sections 16J-2.11 (2),

(3), and (4), F.A.C., respectively. These Findings are based

upon the uncontroverted testimony taken at the hearing and

upon the exhibits entered in the record.

Findings of Fact specified in Paragraph 4 above are based

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

contrary testimony or evidence of record and my interpretation

of the corresponding section of the Florida Administrative Code




1. A consumptive use permit for the proposed withdrawal

of water is required by Section 373.219, Florida Statutes and

by Section 16J-2.04(1), F.A.C.

2. The Notice of Application for Consumptive Use Permit

and Notice of Hearing was prepared, published, and mailed in

accordance with Sections 16J-2.07 and 16J-2.08, F.A.C., and

Section 373.116, Florida Statutes. I further conclude that

failure to publish, mail, or distribute notice of the revised

application was a de minimus procedural error because the

modification to the original application neither changed the

location of the well site nor increased the proposed withdrawal

rate specified in the original application and published notice.

3. The conditions for the issuance of the permit requested

by the Applicant for a new use are specified in Section 16J-2.11,


One of these conditions is that the intended consumptive use

must be consistent with the public interest in Section 16J-2.11(1)

(b), F.A.C. I have previously stated that I have found the intended

use to be consistent with the public interest. I conclude that

where, as here, the proposed withdrawal is for an otherwise legal

purpose and 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 both a

reasonable-beneficial use and consistent with the public interest.

In the absence of counterbalancing contrary evidence in the record,

as was the case here, this prima facie showing becomes and is



I hereby recommend to the Governing Board of the Southwest

Florida Water Management District that Consumptive Use Permit


Application Number 75-00006 (La Monte Shimberg Corporation),

as revised, be granted for a term of years as specified in

Section 16J-2.13, F.A.C., provided the Applicant installs a

central, propeller type flow meter, which is to be read by

the Applicant monthly and reported to the Southwest Florida

Water Management District semi-annually.

Dated this _i. J day of / 1975.

THOMAS E. CONE, JR., Esquire
Hearing Officer
Gibbons, Tucker, McEwen,
Smith, Cofer & Taub
606 Madison Street
Tampa, Florida 33601

I HEREBY CERTIFY that a copy of the foregoing has been
furnished by mail this '11. (rday of April, 1975 to Mr. Barry
Elkin, 5200 Kennedy Boulevard, Tampa, Florida, with exhibits,
Mr. John Logan, Water Resources Director of Hillsborough County,
Florida, P. O. Box 1110, Tampa, Florida 33601, without exhibits,
to Margaret Sistrunk, P. O. Box 1796, Route 3, Odessa, Florida
33556 and to Mr. John Eastes,P.E., c/o Heidt & Associates, 102
West Whiting Street, Tampa, Florida 33602.

./ .- \

THOMAS E. CONE, JR., Esquire



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