WUFT | News and public media for north central Florida
Judge favors state DEP in 'Springs Harm Rule' challenge
By Rose Schnabel
May 6, 2025 at 6:40 PM EDT
Recently proposed groundwater pumping regulations do what the Florida Legislature set out to accomplish nearly nine years ago, an administrative judge ruled on Monday.
Judge E. Gary Early sided with the Florida Department of Environmental Protection in the latest development in a six-month legal tug-of-war between the state agency and the nonprofit Florida Springs Council.
His decision moves the so-called “Springs Harm Rule” — long awaited but criticized as inadequate by environmentalists — closer to adoption.
But while Early found the rules fulfill their legal requirements, he wrote that whether or not they may harm the springs when implemented is outside the scope of his ruling and would be decided on a “case-by-case basis.”
That’s a concern for environmentalists, who say challenging individual pumping permits is rarely successful. The Florida Springs Council announced Tuesday evening it intends to appeal the ruling.
Bringing the springs to the courtroom
The Florida Legislature mandated the FDEP adopt a uniform rule to prevent harmful withdrawals from Florida’s 30 Outstanding Springs in 2016.
The agency created multiple drafts and held public workshops but fell short of proposing such a rule until last December, after the Florida Springs Council filed a lawsuit alleging unreasonable delay.
The Florida Springs Council called the rule insufficient and, in January, filed an administrative petition against it.
That petition prompted a March 18 hearing in which two water management districts, the agencies that distribute permits to pump the springs, joined FDEP’s side in the case.
FDEP celebrated Early’s ruling, writing in a statement that the agency “has remained confident that the proposed rule meets the Legislature’s directive to establish a clear, protective standard grounded in sound science.”
“This ruling affirms DEP’s authority to move forward with implementing enforceable criteria that will ensure meaningful protections for Florida’s springs,” a spokesperson wrote.
The Southwest Florida Water Management District agreed, writing to WUFT that the ruling “is in line with the District’s goals.”
Florida Springs Council executive director Ryan Smart did not immediately respond to WUFT’s request for comment.
One permit at a time
In interviews ahead of the hearing, one of Smart’s main objections to the proposed rule was that it consolidated existing regulations instead of proposing enhanced ones as the Legislature intended.
Florida’s five water management districts decide how much water farmers, bottlers and other users can extract from a spring through consumptive use permits. They’ve approved 99% of permits in the last 40 years, according to the Florida Springs Council.
Smart argued that the existing permit approval process already harms springs, so leaving it unchanged in the new rule would lead to further deterioration.
“Whether the rules as applied may harm [Outstanding Florida Springs],” wrote Early, “is a matter for consideration on a case-by-case basis as [consumptive use permits] undergo review and, potentially, challenge.”
But advocates say challenging permits isn’t easy.
“It’s very seldom you see a water withdrawal permit that the district does not approve,” said Suwannee Riverkeeper John S. Quarterman. He was a part of the 2021 effort advocating against a permit to pump nearly 1 million gallons per day from Ginnie Springs for bottling.
The Suwannee River Water Management District approved the permit despite “thousands of public comments” and dozens of speakers at public meetings, Quarterman said.
In a separate case, three environmental advocacy groups challenged a 1.2 million-gallon-per-day permit destined for a cattle operation in Marion County. The groups contended that the permit would further lower Silver Springs, which had already dropped beneath its designated minimum flow.
The St. Johns River Water Management District issued a notice of intent to deny the permit but later reversed the decision and approved the permit.
Next steps
Pat Rose, aquatic biologist and executive director of the Save the Manatee Club, said Early’s ruling wasn’t surprising.
To implement the proposed rule as it stands “would essentially say that what the Florida Legislature did wasn’t necessary,” he said, “because there was a process in place already to preclude harm.”
The Florida Springs Council announced its intent to appeal the ruling Tuesday evening.
“FSC contends that the [Administrative Law Judge] was incorrect in all three counts and will make that case on appeal,” wrote the group in its monthly newsletter.
Judge E. Gary Early sided with the Florida Department of Environmental Protection in the latest development in a six-month legal tug-of-war between the state agency and the nonprofit Florida Springs Council.
His decision moves the so-called “Springs Harm Rule” — long awaited but criticized as inadequate by environmentalists — closer to adoption.
But while Early found the rules fulfill their legal requirements, he wrote that whether or not they may harm the springs when implemented is outside the scope of his ruling and would be decided on a “case-by-case basis.”
That’s a concern for environmentalists, who say challenging individual pumping permits is rarely successful. The Florida Springs Council announced Tuesday evening it intends to appeal the ruling.
Bringing the springs to the courtroom
The Florida Legislature mandated the FDEP adopt a uniform rule to prevent harmful withdrawals from Florida’s 30 Outstanding Springs in 2016.
The agency created multiple drafts and held public workshops but fell short of proposing such a rule until last December, after the Florida Springs Council filed a lawsuit alleging unreasonable delay.
The Florida Springs Council called the rule insufficient and, in January, filed an administrative petition against it.
That petition prompted a March 18 hearing in which two water management districts, the agencies that distribute permits to pump the springs, joined FDEP’s side in the case.
FDEP celebrated Early’s ruling, writing in a statement that the agency “has remained confident that the proposed rule meets the Legislature’s directive to establish a clear, protective standard grounded in sound science.”
“This ruling affirms DEP’s authority to move forward with implementing enforceable criteria that will ensure meaningful protections for Florida’s springs,” a spokesperson wrote.
The Southwest Florida Water Management District agreed, writing to WUFT that the ruling “is in line with the District’s goals.”
Florida Springs Council executive director Ryan Smart did not immediately respond to WUFT’s request for comment.
One permit at a time
In interviews ahead of the hearing, one of Smart’s main objections to the proposed rule was that it consolidated existing regulations instead of proposing enhanced ones as the Legislature intended.
Florida’s five water management districts decide how much water farmers, bottlers and other users can extract from a spring through consumptive use permits. They’ve approved 99% of permits in the last 40 years, according to the Florida Springs Council.
Smart argued that the existing permit approval process already harms springs, so leaving it unchanged in the new rule would lead to further deterioration.
“Whether the rules as applied may harm [Outstanding Florida Springs],” wrote Early, “is a matter for consideration on a case-by-case basis as [consumptive use permits] undergo review and, potentially, challenge.”
But advocates say challenging permits isn’t easy.
“It’s very seldom you see a water withdrawal permit that the district does not approve,” said Suwannee Riverkeeper John S. Quarterman. He was a part of the 2021 effort advocating against a permit to pump nearly 1 million gallons per day from Ginnie Springs for bottling.
The Suwannee River Water Management District approved the permit despite “thousands of public comments” and dozens of speakers at public meetings, Quarterman said.
In a separate case, three environmental advocacy groups challenged a 1.2 million-gallon-per-day permit destined for a cattle operation in Marion County. The groups contended that the permit would further lower Silver Springs, which had already dropped beneath its designated minimum flow.
The St. Johns River Water Management District issued a notice of intent to deny the permit but later reversed the decision and approved the permit.
Next steps
Pat Rose, aquatic biologist and executive director of the Save the Manatee Club, said Early’s ruling wasn’t surprising.
To implement the proposed rule as it stands “would essentially say that what the Florida Legislature did wasn’t necessary,” he said, “because there was a process in place already to preclude harm.”
The Florida Springs Council announced its intent to appeal the ruling Tuesday evening.
“FSC contends that the [Administrative Law Judge] was incorrect in all three counts and will make that case on appeal,” wrote the group in its monthly newsletter.