Agenda Item Name:
Title
Seven Springs Consumptive Use Permit Discussion
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Presenter:
Stacie Greco, EPD and Corbin Hanson, CAO
Description:
The Suwannee River Water Management District is scheduled to consider the Seven Springs Water consumptive use permit (CUP) application (2-041-218202-3) at their 2/23/21 meeting. This presentation will explore if the County has legally recognizable substantial interest that will be affected if the CUP is granted and will outline issues related to the CUP and a potential challenge.
Recommended Action:
Recommended Action
Direct County staff to follow both the consumptive use permit process for this application and the process for establishing minimum flows and levels for the Santa Fe River. Report back to the Commission with updates on any relevant action taken by the Water Management District.
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Prior Board Motions:
During County Manager Comments during the 2/9/21 BoCC meeting the following motion was adopted:
a. Request staff to come back with a presentation and recommendations on the Lower Santa Fe and Ichetucknee Rivers and Priority Springs MFL once the Prevention and Recovery Plan is published.
b. Authorize the Chair to sign the Chair letter as drafted by staff
c. Authorize staff to remotely attend the 2/23/21 SRWMD Governing Board meeting to express concerns and to read the letter into the public record
d. Direct staff and the CAO to return on 2/23 with an update regarding the County’s substantial interests affected by issuance of the CUP and an update on any legal or factual basis for challenging the CUP based on the standards governing issuance of a CUP
Fiscal Consideration:
Fiscal Consideration
If a legal challenge is pursued, the CAO will need a budget for hiring legal and technical professional services.
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Background:
Pumping of ground/spring water from Ginnie Springs for bottled water has been occurring under a consumptive use permit to Seven Springs Water since 1993. The most recent permit (1999-2019) allows pumping at an average rate of 1.152 million gallons per day (MGD) and a maximum daily withdrawal of 1.728 MGD. The applicant originally applied for a 20 year permit to renew the permit for the same amount of water through water use permit application 2-041-218202-3 on 3/15/2019. The Board of County Commissioners has sent four chair letters to the Suwannee River Water Management District (SRWMD) governing board outlining concerns with the permit, the permitting process, and overall pumping in the basin.
Staff was directed during the 2/9/21 BoCC meeting to return to the 2/23/21 BoCC meeting with an update regarding the County’s substantial interests affected by issuance of the Seven Springs CUP and an update on any legal or factual basis for challenging the CUP based on the standards governing issuance of a CUP. EPD contracted with Dr. Sam Upchurch, a Professional Geologist, to determine how water resources within Alachua County would be impacted by this permit.
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