Challenge to springs rules rejected

Silver Springs is one of 30 Outstanding Florida Springs. [File photo by Bruce Ackerman/Ocala Gazette]

An administrative law judge on May 5 sided with the Florida Department of Environmental Protection in a challenge to proposed rules about water withdrawals that could affect systems designated as Outstanding Florida Springs.

The state has 30 designated Outstanding Florida Springs, including such spring systems as Silver Springs in Marion County, Wakulla Spring south of Tallahassee, Ichetucknee Springs in North Central Florida, De Leon Springs in Volusia County and Weeki Wachee Springs in Hernando County.

The Florida Springs Council filed the challenge in January, after the department proposed the rules, which are designed to carry out a 2016 law. The challenge made a series of arguments, including that the proposed rules largely mirrored already-existing rules and that the Legislature intended for increased protections for Outstanding Florida Springs from water withdrawals. The proposed rules affect what are known as consumptive use permits.

But in a 30-page order dismissing the case, Judge E. Gary Early wrote that the proposed rules “meet the facial requirements established by the Legislature” in a section of state law.

“Petitioner (the Florida Springs Council) argues that the proposed rules do not go far enough, and that they may be applied so as to allow harm to OFSs (Outstanding Florida Springs),” Early wrote. “However, whether the rules as applied may harm OFSs is a matter for consideration on a case-by-case basis as CUPs (consumptive use permits) undergo review and, potentially, challenge.”