The hearing took place in the Division of Administrative Hearings on May 10, 2023.

In October of 2023 Administrative Law Judge (ALJ) Francine Ffolkes ruled in favor of Seven Springs Water Company.

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The SRWMD then approved the permit on December 12, 2023.

The ALJ concluded that the Suwannee River Water Management District fulfilled the requirement (District Rule 40B-2.301(1)(c), Fla. Admin. Code) that the water use be “in the public interest” by confirming that the permit holder could process and sell the water. That is, the public interest was equated to the permit holder's private financial interests. During the hearing, the District made it clear that most of the thousands of public comments opposing the permit, and the harm it would cause to the springs and river, were not even taken into account when issuing the permit.

The Florida Springs Council has worked with springs advocates and partner organizations for nearly four years to stop this permit, and it is a devastating outcome for a spring and river system that is already suffering harm from over-pumping. We send a big "thank-you" to everyone who spoke out against this permit at the meeting and over the past few years. We all fought hard against the Seven Springs Water Co. permit. Although we are disappointed with the outcome, we appreciate everyone who got involved in the effort. Water use permitting is supposed to protect our springs and rivers from over-pumping, but this case is proof that the system in place is not what’s best for our water. We are determined to correct this failing system for the health and future of our springs.

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Here are key takeaways from the outcome of this case:

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• There was one positive outcome. The first count of our challenge was won before the case was heard. BlueTriton, the company bottling and selling the spring water, will be listed on the permit, giving the District access to inspect and regulate the bottling facility. This wouldn’t have happened without legal action and the persistence of springs advocates.

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• This decision shows a failure of the permitting system, and fixing that broken system must be our focus.  Water use permitting is supposed to protect our springs and rivers from over-pumping, but it is failing. The permit was approved even though it is clearly not in the public interest to increase pumping from a spring/river system already considered by the state as “in recovery,” a designation given to rivers “experiencing significant harm" to water levels and flow. 

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What’s next:

Since the ruling, FSC's legal team has considered all the possible paths forward. FSC is determined to pursue the path that would yield the widest-reaching results and most efficient use of our resources. Two paths stand out:

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• Take legal action to force DEP to adopt the "Harm Rule" - FSC is looking at legal action to force DEP to adopt an Outstanding Florida Springs harm rule as required by statute. In 2016, the Springs & Aquifer Protection Act was passed, requiring the Florida Department of Environmental Protection to “adopt uniform rules for issuing permits which prevent groundwater withdrawals that are harmful” to Outstanding Florida Springs. Instead of adopting this rule, DEP has ignored the law. If DEP had followed the law back in 2016, Seven Springs’ permit would have been denied or the bottling company would have been required to offset their withdrawals. DEP has yet to take any action to fulfill that 2016 directive, and legal action can force DEP to finally implement that rule.

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• Take legal action to force agencies to better define and implement the term "public interest" in water permitting. The ALJ’s decision along with the District’s testimony and actions in this case clearly demonstrate that the public interest is not being considered in consumptive water use permitting. Challenging the faulty rule itself is another option.​

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