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March 12, 1993CON 24 -06 March 12, 1993 South Florida Water Management District 3301 Gun Club Road P.O. Box 24680 West Palm Beach, FL 33416 -4680 (407) 686.8800 FL WATS 1.800- 432 -2045 Ms. Suzanne Harper ViroGroup, Inc. Missimer Division 600 Sandtree Drive, Suite 101 Lake Park, FL 33403 Dear Ms. Harper: Subject: Application #921204 -10 Okeechobee Beach Water Association, Inc. Okeechobee and Glades Counties On February 12, 1993, a response to the request for additional information for the above application was received by the District. A review of the response indicates that additional information will be required in order to complete the evaluation, pursuant to Rule 40E- 1.603, Florida Administrative Code (FAC). Please answer the unresolved question. Currently, District records indicate an overlap between the City of Okeechobee's permitted service area and Okeechobee Beach Water Association's requested service area. As discussed in the meeting at the District on March 1, 1993, the Public Service Commission (PSC) does not regulate utilities in Okeechobee County. A representative from PSC indicates Okeechobee County has jurisdiction to certify private water public utilities. Also discussed in the meeting was submittal of a copy of a local government franchise, as documentation of service area. Another alternative, to resolve any potential dispute would be to get confirmation from the City of Okeechobee that there is no conflicting service territory. 1. As required in Permit Information Manual, Volume III, Basis of Review (BOR) section 3.1.1, Control Over Activities Applicants must have legal control over the activities for which they desire a permit. More specifically, the following section will need to be addressed: 3.1.1.1.5 Conflicting Service Territories Conflicting service area claims between applicants, or between applicant and an unregulated water service area, must be resolved by the involved parties. The "Agreement" for bulk sale of water between the City of Okeechobee and the Okeechobee Beach Water Association expires in October, 1994. Please provide documentation of legal control for the requested service area. Governing Board: \Ilan Milledt;e, Chairman :Miami Valerie Boyd. Vice Chairman Naples hen Adams West Palm Beach 'lames 1.. Nall Fort Lauderdale Annie Bet. ncourt ,Miami Franklin B. Mann F. +rt \hrn Leah G. Schad West Palm Beach Frank Williamsun..lr. Okeechobee Eugene K. Pettis Fart Lauderdale Tilford C. Creel. Executive Director Thomas I'.. MacVicar. Deputy Executive Director Application #921204 -10 Okeechobee Beach Water Assoc., Inc. March 12, 1993 Page 2 of 2 In accordance with Rule 40E- 1.603(5), FAC, a response is required within 30 days of receipt of the letter requesting additional information or the application may be processed for denial if not withdrawn by the applicant. Should you have any questions regarding this application, please call Tom Colios at 800 432 -2045 ext.6944, or 407 687 -6944. Thank you for your cooperation in this matter. Sincerely, Thomas Colios Sr. Scientific Technician Water Use Division Regulation Department tc Enclosures c: Utilities Director, City of Okeechobee William D. Reese, P.E. John J. Drago, City Administrator Burton C. Conner, P.A.