Our Letter to DEP
Both the Santa Fe River and the nearby Ichetucknee River fell below their required minimum flows (MFLs) in 2015. Falling below the MFL triggers the adoption of a “regulatory strategy,” which should set a limit on water use permits to restore flow and protect the ecology of the rivers and their associated springs. DEP is in the process of updating the Regulatory Strategy.
The Florida Springs Council submitted our comments on the Draft Lower Santa Fe and Ichetucknee Rivers and Associated Priority Springs Regulatory Strategy to DEP on October 31, 2024.
In our letter to DEP, we outlined our concerns with the regulatory strategy and also emphasized our objections to the 2020 Santa Fe MFL, which fails to meet statutory requirements. FSC believes this Regulatory Strategy will allow significant harm to the Outstanding Florida Springs of the Santa Fe River to continue indefinitely.
You can read our comment letter here:
Or, download a copy below:
A law passed in 2016 states “the adoption of minimum flows… recovery.. strategies for Outstanding Florida Springs requires immediate action.”
DEP intends to adopt the Recovery Strategy for the Santa Fe and Ichetucknee Rivers in 2026. This unnecessary delay has caused untold harm to the rivers and delayed restoration.
The data being utilized will be out of date by the time the MFLs are adopted. The status of the MFL compliance points (where DEP measures whether or not the river is experiencing significant harm) may no longer be accurate, nor the flow deficits that the we must offset to restore the rivers.
State law requires DEP to adopt Minimum Flows & Levels for each Outstanding Florida Spring. DEP ignored this requirement and instead set MFLs for the rivers.
Expert hydrogeologist Dr. Sam Upchurch reviewed the MFLs and found they “show little understanding of specific springs and resurgences,” and “do not adequately protect the springs.”
Our Concerns with the Recovery Strategy
Does not include most of the requirements in Florida Law (373.805(4)).
Relies solely on modeling and self-reporting by the applicants or permittees, not actual pumping and flow data, to determine the impact of the withdrawal.
Allows water management districts to continue to issue unlimited water use permits that cause significant harm to our rivers and springs.
Gives permittees 20 years, or more, to complete projects that offset their harm to the springs and rivers. During that time, the harmful water withdrawals continue unchecked and permittees can even increase their water use.
Contains no penalties for permittees who fail to offset their impacts within 20 years and even allows permittees who commit to an offset, but never do it, to receive a “Temporary Allocation” to continue pumping.
Is weak on public supply water conservation and contains loopholes that make many of the water conservation measures voluntary.
What is the Florida Springs Council asking for?
DEP should establish MFLs for each Outstanding Florida Springs using the best available information, as required by Florida law.
Impacts and offsets should be determined by actual water use and flow data.
The timeline for existing users to complete offset should be based on the minimum time required to complete the project, which in no case should be more than five years from when they submit their plan. Permittees should be allowed a single five-year extension if it is in the best interest of the public.
Existing users who commit to an offset project, but fail to offset their impacts, should have their permits reduced to address the permittee’s proportionate share of impacts.
Applicants for new water use permits after rule adoption should be required to offset their impacts before being allowed to withdraw water. In no case should a permit be issued after rule adoption that impacts an MFL Recovery Point.
When a permittee has failed to complete a required offset project, they should not be eligible for a permit renewal until the offset is completed.
Local governments should be permitted to adopt irrigation restrictions stricter than the state
New irrigation wells should be prohibited in the MFL and in companion rules to close current loop holes.
Watch FSC's live discussion on the draft recovery strategy to learn more
Webinar Slides
Click here to download the slides from our webinar above: https://drive.google.com/file/d/1zOesU80mbIuhbknP8Fov9K7-kxPRa9Vr/view?usp=sharing
Stay Engaged in this Issue
Learn more about protecting the rivers and springs of the Santa Fe Basin & sign up to stay engaged in this issue here: floridaspringscouncil.org/santafe