Seminole County permit

Updated on 11/30/2009, see text in red below.

Facts about the Seminole County consumptive use permit

• Seminole County submitted a permit application on Sept. 10, 2004, to the St. Johns River Water Management District requesting a 20-year consumptive use permit for 7.25 million gallons of water per day to augment its reclaimed water and potable groundwater supply systems.
• Following a 3.5-year evaluation of the application and its potential impacts, District regulatory staff submitted a recommendation on the permit application that was scheduled to be considered by the District Governing Board on March 11, 2008.
• District staff recommended that the Board approve a 20-year duration permit to withdraw 5.5 million gallons per day (on an average annual basis) of water from the St. Johns River to augment its reclaimed water and potable groundwater supply systems. The recommendation included limiting conditions and recommended that river water be used after 2013 to supplement potable groundwater supplies that are approaching environmentally unsustainable limits.
• Petitions challenging the proposed issuance of a consumptive use permit to Seminole County were filed prior to the March 11, 2008, District Governing Board meeting, and the District referred the petition to the Florida Division of Administrative Hearings (DOAH) for a hearing on the disputed issues.
• An administrative hearing was held before an Administrative Law Judge (ALJ) in October 2008.
• On Jan. 12, 2009, the ALJ assigned to the case issued a recommended order that recommended that the District Governing Board approve Seminole County’s permit application with permit conditions previously specified by District staff.
• The District Governing Board approved the permit at a public hearing on April 13, 2009.
• The city of Jacksonville and St. Johns Riverkeeper filed notices of appeal with the Fifth District Court of Appeal in Daytona Beach on May 11, 2009, to appeal the Board’s April 13, 2009, approval of the permit. The city of Jacksonville dismissed its appeal on Nov. 27, 2009.
  • In order to obtain a hearing in the Fifth District Court of Appeal, the notice was required to be filed within 30 days of the Board’s decision.
  • The filing of the notices of appeal did not impact the Board’s decision on the permit, which stands as approved unless and until it is reversed or modified by the appellate court.
  • The appellate court has broad authority to take whatever action it deems appropriate in ruling on the appeal. The court may affirm the Final Order with or without a written opinion, it may reverse or modify the Final Order, or it may remand the matter to the Governing Board or to the Division of Administrative Hearings for further proceedings.
  • The appeal process generally takes from six to twelve months.
• A lawsuit was filed on May 29, 2009, alleging violations of the Sunshine Law in connection with the April 13, 2009 District Governing Board meeting. For information, please read the District’s response.

Related information

• Governing Board approves Seminole County permit (News release)
• Recommended order issued on river permit application (News release)
• Final order
• Recommended order
• Memo to Governing Board about adoption of a final order
• The administrative hearing process