FSC Reaches Historic Settlement to Protect Suwannee & Wekiva Springs
- 1 day ago
- 4 min read
After nine months of intense litigation the Florida Springs Council (FSC) and Florida Department of Environmental Protection (FDEP) have reached a significant settlement agreement to protect and restore seven outstanding springs on the Suwannee River, as well as Wekiwa & Rock Springs. The settlement addresses agricultural and septic tank pollution, the largest pollution sources in Florida, and, respectively, the largest pollution source in each basin. It also improves the current BMAPs, provides for at least 16 new water quality monitoring stations, and requires FDEP to initiate compliance assistance and enforcement actions. See below for more information on the settlement.
This week’s settlement builds on our 2023 1st District Court of Appeals win invalidating several springs BMAPs. In the wake of that ruling, FDEP adopted new BMAPs across the state that included specific load reduction allocations for polluters. That case took nearly five years to move through the courts and another two before the revised BMAPs were adopted. By reaching a settlement with FDEP we have avoided more delay while securing major victories and a brighter future for the springs of the Suwannee and Wekiva Rivers.
The Florida Springs Council is the only non-profit winning battles for Florida’s springs in the Capitol and Courthouse. This is not by chance, it is what FSC was designed to do. These wins are only possible because of the support of our donors.
“This is an excellent outcome,” says FSC Board Member Bob Palmer, “but FSC will not sleep on it. We are the only organization with the ability to verify that the agreement will be carried out in full and on schedule.”
“The challenge to DEP’s 2025 Suwannee and Wekiwa BMAPs has resulted in a successful settlement,” says lead attorney Doug MacLaughlin. “The Florida Springs Council and the Friends of the Wekiva River were seeking commitments from DEP for actions that would achieve the ultimate goal of the BMAPs - to meet water quality standards in the springs by 2038. By initiating this challenge, FSC and Friends now have those commitments from DEP.
Friends of the Wekiva River Board Member Mike Cliburn says, “The Friends of the Wekiva River is grateful to our partners the Florida Springs Council and our incredible legal team who managed and oversaw the preparation of the BMAP challenge and the negotiation of the settlement agreement. FOWR will continue to monitor and review progress of the BMAP updates.”
In exchange for FSC and Friends of Wekiva River agreeing to drop their challenges to the Suwannee and Wekiwa & Rock Springs Basin Management Action Plans, FDEP has agreed to the following.
Within 60 days:
Adopt updated BMAPs for Suwannee and Wekiwa & Rock Springs that include additional projects to reduce pollution.
Updated BMAPs will require the additional reduction of hundreds of thousands of pounds of nitrogen pollution from row crops, dairies, and septic tanks by 2028, accelerating springs restoration.
Within 150 days:
Commence compliance assistance and enforcement against entities in the Suwannee and Wekiwa & Rock Springs Basins that failed to provide sufficient projects to meet their 2028 pollution reduction milestone.
Absent enforcement, rules are just suggestions. This provision assures that FDEP will notify entities that are not in compliance with the BMAPs and carry out suitable enforcement, when necessary.
By December 31, 2030:
Adopt an updated BMAP for Wekiwa & Rock Springs that expands the prohibition on new conventional septic systems and the requirement to upgrade existing conventional septic systems to all lots up to 10 acres in the entire basin.
Septic systems account for 52% of the nitrogen pollution in Wekiwa & Rock Springs. Banning new conventional septic systems and removing old ones is the most important thing the state can do for the Wekiva.
FDEP will not be required to expand the current OSTDS rules if Wekiwa & Rock Springs are meeting pollution reduction milestones or achieving the TMDL.
Expand the water quality monitoring network by at least ten locations in the Suwannee Basin and at least six locations in the Wekiwa & Rock Springs Basin.
Our challenge exposed significant gaps in FDEP’s water quality monitoring network, especially in the Suwannee Basin where data was insufficient to even create a trend analysis. Good policies are based on good science and good science requires good data.
Requires FDEP to define when monitoring shows whether or not “reasonable progress is being made”, as required by law.
Adopt updated BMAPs for Suwannee and Wekiwa & Rock Springs that include projections of growth for irrigated agriculture.
BMAPs are forward looking plans to achieve water quality standards by 2038. In order for them to be successful, the plans must account for increases in pollution during the life of the plan. Although our settlement does require FDEP to mitigate additional pollution, they are now required to disclose projected increases.
By December 31, 2032:
Verify the effectiveness of best management practices for vegetable and agronomic crops and dairies at reducing nitrogen in the Suwannee Basin.
Implementing best management practices (BMPs) provides agricultural producers with a presumption of compliance for almost all Florida water laws. Verifying that BMPs are effective at reducing pollution and achieving water quality standards is among the most important things we can do to restore our rural springs and rivers.
This victory for Florida’s springs is thanks to our co-litigants, Friends of the Wekiva River; our incredible legal team of Doug MacLaughlin and Matt Farmer; the attorneys and law students at the Jacobs Law Clinic at Stetson College of Law; agricultural expert Dr. George Hochmuth; and FSC Board Members Bob Palmer and Mike Cliburn. We also want to express our appreciation to the FDEP attorneys and staff who worked with us to make this win-win outcome possible.
If you value having a Florida environmental non-profit that wins battles in the legislature and courtrooms - where most orgs. won’t even engage - please consider supporting the Florida Springs Council. Our legal team is already discussing our next campaign, but we can’t do this work without your support.
