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Show FLORIDA 215 But it is not clear how far this priority or preference extends. For example, one applicant might be applying for a second renewal of a 10 year use permit and another might be applying for his first renewal of a 10 year use permit, and the department or district board might determine that the public interest will now best be served by approving only one of the renewal applications, but that they both would serve the public interest equally well. Will the 20- year established use have preference over the 10-year established use? The act might imply such a result, but does not require it. (6) Duration, Modification, Renewal, and Revocation of Permits Permits may be issued for any period of time not to exceed 20 years,65 and the department or district board may adopt a "reason- able" system of classification for duration, taking into account the source of supply or type of use, or both.66 However, permits may be issued for as long as 50 years if (1) the applicant is a municipality, other government body, or public works or public service corpora- tion; and (2) the extended time is "required" for the retirement of bonds to be issued to finance construction of waterworks and waste disposal facilities.67 The act provides that permits may be renewed or modified prior to renewal. Eenewal applications are processed in the same manner as initial permit applications. Applications for modification of an existing permit are also processed in the same manner as initial permit applications if the proposed increase in use equals or ex- ceeds 150,000 gallons per month. If the proposed modification does not seek an increased use, or if any increased use will be less than 150,000 gallons per month, then the application may be considered without hearing if the applicant can show that (a) there has been a change in conditions so that his approved use is no longer adequate to meet his needs; or (b) the proposed modification would result in a more efficient utilization of water.68 Some features of the modification provisions are unclear. For example, it would appear that renewal applications are considered only for permits which have expired or will soon expire, whereas modifications proposals may be considered for "any terms" of an "unexpired permit." Taken literally, the act would allow an appli- cant to acquire a water use permit for a six-month period for use of 10 million gallons per day, after proper notice and hearing, and then file an application for "modification" ten days later to extend the duration of the permit to a period of 15 years. And this could be accomplished without a hearing if the applicant could show that he could make a more efficient use of the water as a result of the extended terms (as, for example, constructing more efficient facilities with the security of a longer period assured by the modified permit). Such a result would seem to subvert the legislative intent for notice and hearing, and the Department or district board has discretionary authority to give notice and hold a hearing in such an event, but the point is that, under the statute, there is no such requirement. 65 Sec. 373.236(1) (1972 supp.). 66 Id. •"See. 373.236(2) (1972 supp.). 68 Sec. 373.239 (1972 supp.). |