08-1892 Opposing Moratorium on Consumptive Use Permits for Withdrawals from St. Johns River

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Public Trust Environmental Law Institute of Florida, Inc. (the "Institute"), to file a Verified Petition with the Dis- trict, in effect seeking a moratorium on the issuance of CUPs and assurances relating to the withdrawal of surface water from the St. Johns River or the Ocklawaha River for failure to set certain MFLs that can be safely withdrawn from the St. Johns River without endangering the water resources or the ecology of the area; and WHEREAS, the City of Casselberry was extremely disturbed to learn of the notice of intent to file suit against the District in the form of the Verified Petition; and WHEREAS, the Verified Petition, if acted upon in a manner to implement its goals, could have the effect of crippling the local potable water systems and possibly causing a public health emergency among local water us- ers; and WHEREAS, the Verified Petition may be implemented in such a way as to prohibit any requests to permit new withdrawals of surface water from the St. Johns River, as well as barring any requests to modify existing per- mits to address the needs for the expansion of a potable water system; and WHEREAS, the City of Casselberry finds that the Verified Petition does not set forth a reasonable factual or legal justification for the severe impact that would occur to the water suppliers and consuming public in the Up- per St. Johns River Basin, if the relief requested by the Verified Petition is granted; and WHEREAS, the City of Casselberry finds that the Verified Petition creates the false impression that the District has acted hastily and without good science in regulating the surface water use of the St. Johns River; and WHEREAS, the City of Casselberry finds that the District has been a good steward of the water resources under its jurisdiction; and WHEREAS, Section 373.042(1), Florida Statutes, requires each water management district to adopt and establish MFLs for all surface watercourses in the area, the MFL being the minimum water flow for a given water- course at which further withdrawals would be significantly harmful to the water resources or ecology of the area; and WHEREAS, Section 373.042(2), Florida Statutes, requires each water management district to adopt and submit to the Department of Environmental Protection a priority list and schedule for the establishment of mini- mum flows and levels; and