FSC Update On Seven Springs Legal Challenge – The “Nestle” Case

December 10, 2023 State Government Threats, Water Quantity Threats - Withdrawal Permits (under WMDs) by OSFR Leave a Comment

Thanks to Ryan Smart of the Florida Springs Council for the update on the pumping permit at Ginnie Springs.

This fiasco stands as the height of injustice, bias and malfeasance of the governing boards of Florida’s five water management districts.

What the State did here is allow a small private company to further damage an already significantly damaged public water resource in order to make millions. In addition to damaging the river, this company causes extensive plastic pollution from its millions of single-use plastic bottles.

When the Suwannee River Water Management (SRWMD) Board met to assess the permit, the chairperson essentially turned the meeting over to the lawyers and let them run with it. As a consequence, the nearly twenty thousand letters opposing the permit which the Board received were disregarded as of no importance and not relevant to public interest.

On this important issue of allowing more damage to Ginnie Springs and the Santa Fe River, the Board was essentially a non-player bystander on the sidelines. The Board offered no input. The fate of the Santa Fe River was conducted and determined by lawyers not interested in the health of the Santa Fe nor the desire of the thousands of people who wanted to protect the river.

As Ryan writes below, on Tuesday, December 12, 2023 the SRWMD will meet at 9 o’clock in Live Oak and they will approve this permit. The chairperson of the Board will be happy to let you express your opinion on this.

I have already done so.

Comments by OSFR historian Jim Tatum.
jim.tatum@oursantaferiver.org
– A river is like a life: once taken,
it cannot be brought back © Jim Tatum

Update on our Seven Springs Legal Challenge – The “Nestle” Case

This year, we saw the biggest environmental win in recent history when the 1st District Court of Appeals ruled in our favor in the BMAP Challenge. We were hopeful we’d see another victory in our case against the Seven Springs Water Company bottling permit. Unfortunately, our legal and permitting system is complicated and flawed. The Administrative Law Judge (ALJ) filed the recommended order for our “Nestle” case, recommending the Suwannee River Water Management District approve the permit. The District’s meeting to approve the permit is next week on Dec. 12.

The ALJ concluded that the requirement stating the water use be “in the public interest” was met simply by the permit holder providing assurances that they could process and sell the water. That is, the decision equated public interest to 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.

While this is a disappointing roadblock to protecting our water, this is a failure of the legal system not of environmental advocates.

Some takeaways from this decision:

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.

This decision shows a failure of the permitting system that environmentalists have pointed to all along, which our next steps must address. The public interest was not considered despite being one of the three required elements in statute. Water use permitting is supposed to protect our springs and rivers from over-pumping, but it is failing. The permit was approved despite the fact that it would increase pumping from a spring/river system already designated by the state as “in recovery,” a designation given to rivers “experiencing significant harm.”

What’s ahead:

Our legal team is considering 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:

Harm Rule – FSC is looking at legal options 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. Over 100 springs advocates showed up to DEP’s public workshop in August urging DEP to create a meaningful springs harm rule. DEP has yet to take any action following the public workshop.

Public Interest – Legal action is necessary to better define and implement the 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 use permitting.

This coming week:

The ALJ’s decision is a recommendation to the Suwannee River Water Management District Governing Board to approve the permit. The District will vote on whether or not to follow the ALJ’s recommendation at its upcoming board meeting and public hearing on Dec. 12 at 9 a.m. at the District Headquarters in Live Oak, Florida (9225 Co Rd 49, Live Oak, FL 32060). The Florida Springs Council’s attorneys and staff will be at the meeting, and it is open to the public. There will be an opportunity for public comment at the meeting.

We have always been driven by our mission to do whatever is necessary – through science, local governments, the legislature, and the courts – to reverse the destruction of Florida’s springs and waterways. Thank you, springs protectors, for your patience, understanding and support in this case.

You can continue to support our efforts by making a one-time donation, visiting our online shop, showing up at events, becoming a sustaining member or spreading the word about the work we do.

Read more about the “Nestle” case on our website at

https://www.floridaspringscouncil.org/nestle

Tags: no leadership, Bottled Water

OSFR

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Our Santa Fe River, Inc is a Florida not-for-profit 501 (c)(3) organization composed of concerned citizens working to protect the waters and lands supporting the aquifer, springs and rivers within the watershed of the Santa Fe River. We do this by promoting public awareness pertaining to the ecology, quality, and quantity of the waters and lands immediately adjacent to and supporting the Santa Fe River, including its springs and underlying aquifer.

FSC Update On Seven Springs Legal Challenge – The “Nestle” Case

Update on our Seven Springs Legal Challenge – The “Nestle” Case

Some takeaways from this decision:

What’s ahead:

This coming week:

OSFR

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