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Running head: Florida Springs Restoration and Preservation Efforts Florida Springs Restoration and Preservation Efforts: Coordinating a Collaborative Adaptive Approach Melinda Pensinger PAD 6961: MPA Capstone Seminar Master of Public Administration Program Florida Gulf Coast University Fall 2019

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Page 1: ABSTRACT - The Howard T. Odum Florida Springs Institute is ...€¦  · Web viewIn social-ecological “wicked problems” where each party’s ideal solution cannot be achieved,

Running head: Florida Springs Restoration and Preservation Efforts

Florida Springs Restoration and Preservation Efforts:

Coordinating a Collaborative Adaptive Approach

Melinda Pensinger

PAD 6961: MPA Capstone Seminar

Master of Public Administration Program

Florida Gulf Coast University

Fall 2019

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Florida Springs Restoration and Preservation Efforts

ABSTRACT

The Florida Springs Region in the north and central portions of the state boasts over

1,000 artesian springs that discharge from the Floridan Aquifer System. However, social and

economic development in the state has negatively impacted spring flows, reducing spring health

and indicating the state’s water supply is imperiled. Adopted legislation and efforts to restore and

protect spring flows have failed to reverse the decline. Adaptive governance has been successful

in addressing social-ecological problems in many water resource issues. In this study, a gap

analysis is used to identify where elements of adaptive governance may need strengthening in the

efforts to restore and preserve spring flows in the Florida Springs Region. Recommendations to

achieve a more robust and interactive adaptive governance model are provided.

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Table of ContentsABSTRACT.....................................................................................................................................i

INTRODUCTION...........................................................................................................................1

CASE STUDY NARRATIVE.........................................................................................................2

Background..................................................................................................................................2

History of Florida Springs Protection..........................................................................................3

Florida Springs Regulation.......................................................................................................3

Florida Springs Initiative..........................................................................................................5

Springs Recovery Efforts – In Place and Planned.......................................................................5

Suwanee River WMD (SRWMD) Lower Santa Fe River Basin Recovery Strategy...............6

North Florida Regional Water Supply Partnership (NFRWSP)...............................................6

Howard T. Odum Florida Springs Institute (FSI)....................................................................7

Robert Knight, Ph.D., Executive Director and Founder of FSI...............................................8

Adaptive Management...........................................................................................................11

Current Status of Florida Springs Restoration...........................................................................12

Flowing Forward........................................................................................................................13

CASE STUDY ANALYSIS..........................................................................................................14

Gap Analysis Methodology.......................................................................................................14

Determinants of Adaptive Governance......................................................................................15

Indicators of Adaptive Governance...........................................................................................15

Gap Identification......................................................................................................................16

Gaps in Regime......................................................................................................................17

Gaps in Knowledge................................................................................................................19

Gaps in Networks...................................................................................................................20

Windows of Opportunity........................................................................................................21

Governance Recommendations..................................................................................................22

Respond to Uncertainty with a Risk-Based Approach...........................................................23

Engage Conveners to Facilitate Consensus-Building............................................................24

Update Local Comprehensive Plans.......................................................................................25

CONCLUSION..............................................................................................................................26

REFERENCES..............................................................................................................................27

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Florida Springs Restoration and Preservation Efforts

INTRODUCTION

North Florida is home to over 1,000 artesian springs. With the largest concentration of

first magnitude springs –springs with flow rates exceeding 100 cubic feet per second- in the

world, the Florida Springs Region is a treasure to the natural world and to the state’s inhabitants.

Despite their significant, the Howard T. Odum Florida Springs Institute (FSI) (2018, p.3) reports

that “nearly all” of the state’s springs suffer from reduced flows and water pollution as a result of

increased urban, commercial, and intensive agricultural development. Ironically, one of the

natural resources that entices residents, tourists, and agriculture to the state is degraded by that

attraction. Through 2015, half of the region’s 32 sentinel springs were rated D+ or lower, and

75% were below a B- (FSI, 2018, p. 21). Some springs have stopped flowing and additional

springs are predicted to cease flow without corrective intervention. State regulations codified to

preserve the springs are not adequate and efforts by agencies given protective authority by the

state conflict with local efforts to restore those same springs.

FSI lists five historical and current impacts that effect spring health: excessive

groundwater extraction, nitrate pollution, physical modifications, invasive species control, and

excessive recreation. Each of the five impacts pose hazards to the health of Florida springs; this

case study will concentrate on one of the most urgent of those problems. The narrative in this

case study will describe how reduced spring flows indicate declining water levels in the Floridan

Aquifer, implications of the decline, the history of springs protection legislation, and efforts that

are underway or proposed in recovery plans to restore the springs to their historic flows and/or to

preserve adequate flow. The limitation on the scope of this case study recognizes the complexity

of the issues facing springs restoration and preservation and the diversity of stakeholders

involved in those efforts. The limited scope is undertaken with the understanding that separating

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the water quantity and water quality issues is not a practical recommendation but is a means to

exploring solutions to conflict in water issues.

CASE STUDY NARRATIVEBackground

A brief overview of spring hydrogeology is necessary to understand the impact of spring

flow decline in the Florida Springs Region on the citizens of Florida. What is a spring? A spring

is where groundwater discharges to the land surface in response to gravity and pressure (Knight,

2015, p. 15). Groundwater is any water that is stored underground. The artesian springs in the

Florida Springs Region discharge from the Floridan Aquifer System (FAS). The FAS is an

underground reservoir composed mainly of limestone and dolostone that contains trillions of

gallons of freshwater. It is one of the largest aquifers in the United States and lies beneath the

entire state of Florida, the coastal plains of much of Georgia, and portions of South Carolina,

Alabama, and Mississippi. The FAS is recharged by rainfall and surface water. Areas of high

recharge are those with the most permeable land surfaces, which is primarily north and central

Florida. As recharge places pressure on the water in the aquifer, springs occur where cracks and

tunnels exist in the confining walls of the aquifer. Recharge flows downhill to the aquifer so that

the springs at higher elevations will have the least pressure and be the first to stop flowing.

Why is the decline in spring flow important to Floridians? Dr. Robert Knight of the

Florida Springs Institute (FSI) included a statement in his lecture in the Springs Academy (2016)

that the study of the springs is a good “case history” to gain an overall understanding of Florida’s

water resource issues. The Florida Springs Region encompasses at least a portion of 53 of

Florida’s 67 counties, or 65 percent of the state’s land and water area, and covers the north and

central parts of the state extends south to Sarasota and Okeechobee counties (FSI, 2018). The

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same aquifer that discharges as springs is used by more than 90 percent of the people in northeast

and east-central Florida for their water consumption needs. With a projected state population

increase of 33% by 2040 (Asci, Borisova, Dukes, 2017, p. 66), meeting the demand for water for

public supply presents a significant risk. Declining spring flows are a signal that the state’s

drinking water supply may be imperiled.

Additional reasons for concern for the declining spring flows include the following:

Decline in pressure from freshwater layer may lead to saltwater intrusion and

processes for water desalination are costly

Healthy springs provide economic value with recreation and tourism opportunities

Water quality is compromised by declining flow

Sinkholes may develop

Healthy springs ecological systems are critical habitat for plants and animals

Non-flowing springs become yellow or green (unattractive)

Flowing springs are essential to the continued flow of Florida’s freshwater surface

system

Increased cost of extraction at lower aquifer levels

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History of Florida Springs Protection

Florida Springs Regulation

The 1972 Florida Water Resources Act established that Florida’s surface and

groundwater are a public resource. Management oversight was placed with the Florida

Department of Environmental Protection (FDEP) for statewide jurisdiction and the five regional

water management districts (WMDs) were provided oversight of areas based on hydrologic

boundaries. The WMDs are funded by local taxing authorities. Florida waters includes rivers,

streams, wetlands, lakes, springs, aquifers, and estuaries.

Section 373.246, Florida Statutes (1972), grants WMD governing boards the power to

issue and enforce water shortage orders. WMD water supply programs include compliance and

enforcement of the permitting of consumptive water use (FLA. STAT. §373(2) (1972)). Each

WMD sets its own rules that govern its issuance of consumptive water use permits (CUPs) for

withdrawals of water from the aquifer at a rate greater than 100,000 gallons per day. Section

373.042 requires that the WMDs set minimum flows and minimum water levels (MFLs) of

groundwater in an aquifer. Those levels are to be set to limit further extraction that would be

“significantly harmful to the water resources or ecology of the area.” Under this regulation, any

spring that currently or is expected to fall below the MFL in the next 20 years must have a

recovery plan drafted. Section 373.709(6) requires that each WMD conduct water supply

planning based on a 20-year planning period using projected water demand over that period.

The Florida Springs and Aquifer Protection Act (“Springs Protection Act”) was adopted

by the Florida Legislature in 2016 (FLA. STAT. §373(8). The Springs Protection Act proclaimed

as “Outstanding Florida Springs” (OFS) 24 first magnitude springs and six second magnitude

springs. Annually, the WMDs are required to submit a priority list of water bodies for which

they will establish MFLs to the FDEP for review and approval (Borisova, Olexa & Davis, 2017,

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p. 2). If a WMD failed to adopt MFLs for an Outstanding Florida Spring by July 2017, the FDEP

was authorized to make an emergency ruling. At the same time an MFL is established, any OFS

that fails to meet the MFL requires a recovery plan be submitted simultaneously.

Local governments also play a role in protecting the springs through plans and legislation

in the Natural Resources or Conservation Element of their comprehensive plans, zoning laws,

land development regulations, tiered water billing rates, and irrigation ordinances.

Florida Springs Initiative

As a result of a report published in November 2000 by the Springs Task Force - a group

of scientists, planners, and private citizens, the Florida legislature established Governor Jeb

Bush’s Florida Springs Initiative in 2001. The programs undertaken by the Florida Springs Task

Force and Springs Initiative were opposed by private and public big money interests. Knight

(2015, p. 141) attributes the pushback to the fact that Florida’s cheap groundwater was the basis

of the expansion of agriculture, urbanization, tourism, and housing markets in the state. On June

1, 2011, the FDEP announced the end of state funding for springs science and protection. In its

ten-year life span, approximately $25 million was appropriated by the Florida legislature for

springs protection. Since that time, there has been no substantial legislation to fund springs

protection to pass into law (Knight, 2015, p. 126).

Springs Recovery Efforts – In Place and Planned

This case study reviews the efforts that are in place and those that are recommended in

the plans and strategies of four diverse stakeholders in spring recovery efforts. The selected four

stakeholders reflect differing priorities and objectives, but also share some goals. The necessary

actions suggested by these organizations span a wide range that includes new regulations and

restrictions on water use, monitoring existing regulations using adaptive management, providing

financial incentives and charging fees, instilling a water ethic, technological innovation, public

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outreach and education on conservation, and a rebalance of political power to mobilize and

activate citizen resolve. Specific recommendations are presented in Tables 1-4, and are color-

coded according the parties’ self-categorization (Figure 1). The categorization reflects the

perspective from which the party views the goals of spring recovery, as described below.

Figure 1. Stakeholder self-categorization.

PlanningWater

ConservationWater Supply Development

Water Resources RegulatoryWater Conservation

Project Options

Water Resource/Supply Development Project

Options

Technical FinancialPolitical &

educationalConservation

practicesRestoration

PlanningReverse over-exploitation

Motivate & Organize Citizenry

" To present a realistic, systematic, and holistic approach to restore all of Florida's springs to their natural condition and to protect them and their intrinsic ecologic values for the enjoyment of future generations." (FSI, 2018, p. 10)

"A recipe for water resource sustainability in Florida that can accommodate over 20 million people and still maintain a healthy economy and healthy springs" (Knight, 2015, p. 175)

SRWMD Components NFRWSP

FSI Recovery Strategies Silenced Springs Recovery Recipe

"To develop near-term managerial practices to address these streamflow impacts, and provide a framework to identify long-term water management strategies, water resource development projects, and conservation measures, which can be implemented to recover and maintain the flows in these water bodies at the proposed minimum flow criteria." (SRWMD, 2014, p. 19)

"The NFRWSP constitutes an evaluation of how much water is needed in year 2035 and whether the traditional sources of fresh groundwater can meet the future water demand while protecting the water resources and related natural systems, such as springs and wetlands. Where traditional sources are not adequate, the plan identifies project options for potential future water supply sources." (NFRWSP, 2019)

Suwanee River WMD (SRWMD) Lower Santa Fe River Basin Recovery Strategy

The Lower Santa Fe River Basin is in recovery due to failure to meet targeted MFLs in a

study dated November 2013. The SRWMD’s Recovery Strategy: Lower Santa Fe River Basin is

an example of a recovery plan developed by a WMD that is required by section 373.0421(2),

Florida Statutes. Components of the strategy to restore the spring flows to the MFLs are

presented in Tables 1-4.

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North Florida Regional Water Supply Partnership (NFRWSP)

Two of the WMDs – SRWMD and St. Johns River WMD (SJRWMD) - and the FDEP

entered into an Interagency Agreement in September 2011 to formalize coordinated efforts to

protect the water resources and to provide for equitable treatment of water users in north Florida

(SWRMD Contract, 2015). The North Florida Planning Region is comprised of 14 counties in

the two WMDs. The parties agreed to develop a consistent process for developing MFLs, and to

prepare a joint 20-year regional water supply plan as required by Florida Statutes (§ 373.709(2)).

The NFRWSP was formed to implement the North Florida Regional Water Supply Plan for

2015-2035 (SJRWMD & SRWMD) and was approved by the governing boards of the two

WMDs in January 2017. The Executive Summary to the NFRWSP Plan states that the projected

increase in water demand over the 20-year period cannot be supplied by groundwater alone

without causing unacceptable harm to the area’s water resources. The Plan estimates that

conservation efforts proposed could decrease the projected water demand by 46% and

acknowledges that an important part of the organization’s process is to identify water supply

development project options (p. 53). Those projects that will be the responsibility of local

governments include public or private facilities for water collection, production, treatment,

transmission, or distribution. Recommended conservation efforts and water supply projects are

presented in Tables 1-4.

Howard T. Odum Florida Springs Institute (FSI)

The Howard T. Odum Florida Springs Institute (FSI) is a science-based educational

nonprofit organization (FSI, Story Map) located in High Springs, Florida. In the absence of

complete implementation and enforcement of regulatory programs, FSI was formed by local

springs stakeholders in 2010 to provide the comprehensive management needed to restore and

preserve the springs. FSI performs monitoring of the springs by collecting water samples for

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testing and documenting water quality data. The information gathered is used to develop

recommendations for necessary actions to restore and maintain spring health, and to educate

individuals, businesses, and state government of those recommendations.

FSI has continued the development of springs restoration plans initiated by individual

working group efforts that were previously funded by the Florida Springs Initiative. Several of

those plans have been completed and are located on the organization’s web site (FSI, Plans &

Reports). Each plan includes a description of the physical springs system, a record of the changes

in springs flow, a review of existing regulations and protections, a summary of the actions

needed to achieve spring recovery, and the local and state and public interest groups who can

best implement those strategies.

In addition to restoration plans for individual springs focus groups, FSI drafted the

Florida Springs Conservation Plan (2018), which provides goals to achieve for each of the five

identified threats to Florida springs (p. 5). Actions recommended to attain spring flow recovery

are included in Tables 1-4.

Robert Knight, Ph.D., Executive Director and Founder of FSI

In his “Recovery Recipe,” Knight (2015, Chapter 9) lists several actions that need to be

taken and goals that must be met to recover the Florida Springs System. He also notes that

implementation of the recovery plan will require public education and motivation, political will,

and funding that is currently lacking. Action items related to recovering spring flows that are

included in Knight’s Recovery Recipe are presented in Tables 1-4.

Table 1. Command and Control Policies

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Table 2. Market-Based Approach

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Florida LawSRWMD: Lower Santa Fe River

Basin Recovery Strategy

NFRWSP FSI Florida Springs Conservation Plan

(Next Steps)

Silenced Springs "Recovery Recipe"

Established requirement for MFLs; Outstanding Florida Springs

Additional criteria for individual water use permit applications

Landscape irrigation restrictions

Immediate implementation of currently-available corrective measures (incl MFLs

Calibrated flow meters on all consumptive or water use permit wells

Outstanding Florida Springs - mandated recovery strategy

Permit condition reevaluated every 5 years

Lawn and landscape irrigation design codes

Mandatory reporting that is understandable and accessible

Outstanding Florida WatersLow impact development codes MFL program Enforce effective MFLs

Water Sustainability and Protection Act

Ensure compliance with MFLs Ban use of wells where public service exists

Water Shortage Orders Lawn and Landscape Irrigation Rule

Cap on irrigated area per housing unit

Mandated annual report on water supply planning

Require commercial, industrial, and institutional users to implement water conservation plans

Prohibit outdoor irrigation for landscape irrigation

Water Use Reservations Revoke unused water use permits (existing power)

Prohibit use of groundwater for recreational, decorative, or other non-essential use

Water shortage orders (existing power)

Limit irrigation by other water sources

Subject permits > 5 years to modification

Phased plan to reduce pumping

Mandated average per capita water use rate

Command and Control Policies

Florida LawSRWMD: Lower Santa Fe River

Basin Recovery Strategy

NFRWSP FSI Florida Springs Conservation Plan

(Next Steps)

Silenced Springs "Recovery Recipe"

Rebates for domestic water users for high efficiency fixtures and appliances

Reduced price or free replacement of indoor plumbing fixtures (residential & commercial) and outdoor irrigation devices

Aquifer Protection Fees based on groundwater use

Aquifer Protection Fees

Water conserving rate structures

Tiered public supply billing rates

Pay farmers to use less intensive techniques

Rate structure discouraging use over 40 gpd per capita

Cost-share programs to provide agriculture with conservation systems

May need to compensate agriculture& residents with septic tanksEconomic inducements for average per capita water useRebates for water saver unitsConservation easements

Market-Based Approach

Charge for Use Rebates Easements

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Table 3. Public Advocacy Approach

Florida LawSRWMD: Lower Santa Fe River

Basin Recovery Strategy

NFRWSP FSI Florida Springs Conservation Plan

(Next Steps)

Silenced Springs "Recovery Recipe"

Educational programs and public awareness

Implement agricultural BMP's Correct the imbalance of Florida voters by engaging them

Reductions will require sacrifice and will power; significant lifestyle and business model changes

Mobile Irrigation Labs and WMD agricultural outreach programs

Innovative technology for public supply utilities

Provide factual scientific information to the public to make political decisions in their best interest

Political will is required; elect and support leaders that put public welfare above special interests

Enact local ordinances to promote Florida Friendly Landscape

Improve agricultural irrigation efficiency such as rainwater harvesting, tailwater recovery and other irrigation efficiency practices and technologies

Annual update Public education and motivation

Utility bill stuffers Outreach and Education Local government, WMD, FDEP diligent education

Florida Water Star Encourage capture of roof runoff

Florida Green Building Coalition Adopt a water ethic

Continual improvement of Best Management Practices

Ethical inducement for per capital water use rate

Public Advocacy

Conservation EducationInfluencing LegislationOutreach

Water Ethics

Table 4. Water Supply Projects

Florida LawSRWMD: Lower Santa Fe River

Basin Recovery Strategy

NFRWSP FSI Florida Springs Conservation Plan

(Next Steps)

Silenced Springs "Recovery Recipe"

Water supply projects serve public interest and avoid future greater expense, while preventing loss of natural resources

Develop use of reclaimed wastewater and reuse water

Aquifer storage projects Use public funds for technological fixes for dwindling groundwater

Make greater use of surface water

Public supply infrastructure improvement by detecting water loss

Reuse/recharge of stormwater/ surface water projects

Advanced wastewater treatment technologies

Irrigation technology improvements to improve water use efficiency

Increased use of surface water

Alternative groundwater sources

Reservoirs

Surface water sources Reuse of RO ConcentrateAquifer recharge Seawater projectsPff=strea, stprage Brackish groundwater projectsDos[ersed water stprage Reuse/Recharge Reclaimed

Water

Alternative Water Supply (AWS)/ Water

Suply Development

Projects

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Adaptive Management

One obstacle to implementing effective policy for springs restoration and preservation is

the perception of the lack of conclusive science. Environmental policy decision makers must

confront tradeoffs and they are at the same time faced with uncertain and changing science in

their consideration of choices. Pros and cons to every potential tactic can lead to paralysis while

the opportunity to make impactful positive changes is missed. To encourage decision making

rather than delaying action or accepting the status quo despite worsening conditions, following

adaptive management techniques can remove some uncertainty. With adaptive management,

actions implemented to increase or preserve spring flow are monitored and feedback is used to

strategically change methodology.

Table 5 illustrates that each of the four stakeholders identified above has adopted or

advocated for principles of adaptive management. FSI specifically recommends using adaptive

management (FSI, 2018, p. 29) because of the need for urgent action. Monitoring is essential to

the adaptive management practices endorsed by FSI.

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Table 5. Adaptive Management Techniques

Florida LawSRWMD: Lower Santa Fe River

Basin Recovery Strategy

NFRWSP FSI Florida Springs Conservation Plan

(Next Steps)

Silenced Springs "Recovery Recipe"

Plan must include technical data to support the regional water supply plan

5-year periodioc assessments of recovery strategy to provide direction and guidance for future recovery programs

Residential customer water use audits; customized recommendations; target water users with greaetest potential for savings

Integrated monitoring and assessment program

Continuous monitoring

Support continued refinement of science based modeling of water use requirements for agriculture

Automatic Meter Reading and Advanced Metering Infrastructure

Continuing applied research on complexity of springs

Maintain balanced Water Budget

Tracking resource recovery under strategy

"best data and research available" North Florida Southeast Georgia groundwater flow model; state of the art calibration process

Establish and maintain accurate estimate of water necessary for protection

Measure efficacy of individual recovery programs and projects

Use adaptive management: recurring process of evaluation, coordination, and planning to adpt changes in water use patterns and needsContinue to collect scientific and ecological data for MFL update

Phase-in approach

Adaptive Management

MonitoringWater BudgetScience-based

Technology

Current Status of Florida Springs Restoration

Despite the legislation requiring the WMDs to establish MFLs, Knight (2015, p. 130)

states that as of 2014 (which is 42 years after the passage of the Florida Water Resources Act),

the Northwest Florida WMD had failed to set any MFLs; the SRWMD had developed final

MFLs for only 4 springs, and the SJRWMD had not adopted draft MFLs for over 25 springs that

feed the Silver River. Studies conducted by the WMDs indicate that spring flows should not be

reduced by more than an average 5 to 10% to prevent “significant harm.” Studies indicate that

the overall average flow decline since the 1930’s is 32%, ranging from 16 to 46% (Knight, p.

55).

The Florida Springs Council (FSC), a non-profit coalition of organizations active in

springs restoration efforts, contends that Florida’s water permitting system as it is overseen by

the WMDs is broken, and that Florida must stop giving away its water for free. FSC (2019)

contends that the WMDs fail to issue CUPs consistent with the public interest and natural

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resource protection, thereby leaving Floridians vulnerable to the impacts of over-extraction of

groundwater.

Flowing Forward

Achieving springs restoration and sustainable preservation is an especially complex

social-ecological problem for many reasons. A balance must be struck between the needs of the

human population and natural systems. The geographic boundaries of a spring system do not

coincide with those of governmental and other regulatory bodies. Obstacles to sustainability are

inherent in regulatory agencies where management is appointed by elected leaders with term

limits in a changing political environment. The best available science upon which regulation is

based is constantly evolving, and the health of a natural system such as a spring is dependent on

unpredictable and changing climate and weather-related patterns. Added to all of this are the

usual challenges to implementation of public policy and the regulation of a public good.

Considering Knight’s (2015, Chapter 9) recovery recipe ingredients, this case study

embarked on a review of similar case studies on water resource issues to answer the following

question: Is there a governance structure that can deliver the public motivation, political will, and

funding needed to overcome the obstacles to implementation of policy and the embracing of a

water ethic that FSI cites as necessary for springs restoration and preservation?

Case studies indicated that an adaptive governance structure is most equipped to govern

social-ecological problems such as water resource conflicts. Adaptive governance extends the

techniques of adaptive management in dealing with scientific uncertainty to include social and

economic uncertainties. Scholz and Stiftel (2005, p. 1) note that current governance structures

were often set in place in an earlier generation in response to a single type of collective problem,

such as an urban, industrial, or agricultural issue. The WMDs represent the specialized agencies

created to deal with Florida’s water supply issue. Ruhl (2005, p. 130) refers to the entities of

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those governance structures as “first-order institutions.” Accelerated growth and development

have spawned more complex collective problems from resource overuse and the conflict between

first order agency objectives. “Second-order collective action conflicts” are those where separate

agency goals cannot all be attained. Scholz and Stiftel (2005, p. 5) call these “wicked problems”

that will require evolved governance institutions that use adaptive governance principles to reach

mutual, sustainable, long-term solutions through coordinated efforts.

Thus the question to be addressed in the analysis was refined to ask:

CASE STUDY ANALYSIS

Gap Analysis Methodology

An answer to the question of whether the principles of adaptive governance are

sufficiently present in the efforts to restore and preserve Florida’s springs required that a gap

analysis be performed. The following framework was used for the analysis in this case study: 1

1. “Determinants” of adaptive governance consistently identified in a literature review of

research on adaptive governance were compiled (Table 6);

2. The determinants were operationalized as “indicators” that adaptive governance is

manifested through a review of case studies of water governance problems (Table 7);

3. For each indicator, current efforts and those recommended or planned in springs

restoration and preservation efforts were identified from Tables 1-5 (Table 8);

4. Further analysis was performed on significant gaps.

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Are principles of adaptive governance sufficiently present in the efforts to restore and preserve Florida’s springs to lead to an evolved response?

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1Steps 1 and 2 are based on the methodology used by Hill (2013) in studying the adaptive capacity of water governance regimes in the Alps and the Andes to mitigate impacts of climate change.

Determinants of Adaptive Governance

A literature review of adaptive governance frameworks reveals a wide range of

governance principles to consider in implementing adaptive governance. Recurring concepts in

the literature on adaptive governance include but are not limited to those included in Table 6.

Table 6. Determinants of Adaptive Governance

Determinants Related criteriaPolycentricity and Redundancy

Complex, layered institutions (nesting); multiple centers of power; authority divided in overlapping jurisdictions; redundancy(Chaffin, Gosnell, & Cosens, 2014; Stockholm Resilience Centre, no date; Bark, Garrick, Robinson, & Jackson, 2012)

Coordination Bridges to link social, political, geographical, and ecological actors; adequate information exists about the resource (ecological) , values (social), and human-environment interactions; management practices are local but connected to regional and national levels; identification of common interests; planning mechanisms to share information (Sharma-Wallace, Velarde, & Wreford, 2018; Chaffin, Gosnell, & Cosens, 2014; Stockholm Resilience Centre, no date)

Community empowerment and engagement

Designed for the specific needs of the impacted community; incorporation of indigenous knowledge; community has a stake in the outcome; non-token roles for all community members (Sharma-Wallace, Velarde, & Wreford, 2018)

Adaptive management Science-based; decision-making based on data collection and monitoring; feedback loop; experimental learning; learning environment; institutions that enable and facilitate change in response to new knowledge and values; respond and change in an informed manner; adapt through ongoing learning; managing uncertainty; preparing for change and adapting for change; incremental change to avoid maladaption; evaluation of management experimentsl assume policy failures will occur (Sharma-Wallace, Velarde, & Wreford, 2018; Chaffin, Gosnell, & Cosens, 2014, Stockholm Resilience Centre, no date; Bark, Garrick, Robinson, & Jackson, 2012; Gunderson & Light, 2006)

Collaboration Collaboration across actors and scales; formal and informal; consistency in communication; inclusive; vertical and horizontal; mixed institutional types; ability to mobilize institutional, financial, and political support (private, public, and community; local, regional, and state levels; co-management; consensus-building; conflict resolution (Sharma-Wallace, Velarde, & Wreford, 2018; Stockholm Resilience Centre, no date; Bark, Garrick, Robinson, & Jackson, 2012)

Bioregional Scale Finding a "governance fit"; crosses administrative and political boundaries; "problemshed"; source of problem not equivalent to area impacted (Chaffin, Gosnell, & Cosens, 2014)

Leadership Individuals with the background, interest, and ties to place (Sharma-Wallace, Velarde, & Wreford, 2018; Stockholm Resilience Centre, no date)

Social Capital / Social Memory

Trust-building, familiarity, and good will between actors; social memory (Sharma-Wallace, Velarde, & Wreford, 2018; Chaffin, Gosnell, & Cosens, 2014; Stockholm Resilience Centre, no date)

Windows of opportunity Exploiting or creating windows of opportunity through preparation, flexibility, and political astuteness; up-to-date information on uncertainty (Sharma-Wallace, Velarde, & Wreford, 2018; Chaffin, Gosnell, & Cosens, 2014)

Adaptive Capacity Knowledge, resources, experience (Hill, 2013)Uncertainty Institutions to manage and plan for uncertainty; accounting for variability (Hill, 2013; Gunderson & Light, 2006; Bark,

Garrick, Robinson, & Jackson, 2012)

Indicators of Adaptive Governance

Indicators of adaptive governance were compiled through a review of case studies on

water governance issues. The indicators were considered to be significant factors for adaptive

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governance to have achieved a positive impact. Following the categorization used by Hill (2013),

the indicators are grouped in Table 7 as related to regime, knowledge, or network.

Table 7. Indicators of Adaptive Governance

Regime Knowledge NetworksInduce rule compliance through accountability

Promote science-based solutions Include layers and redundant levels of power

Manage uncertainty to cope with prepare for future change

Experiment and avoid accepting status quo for fear of policy failure

Collaborate across actors and scales to mobilize support

Combine innovation and adaptability with representative democracy through community engagement and empowerment

Evaluate results regularly through monitoring and publish results

Clear coordination of responsibility, with defined roles

Provide adequate infrastructure and institutional capacity (resources)

Provide feedback on action efforts Incentivize cooperation among stakeholders

Use bioregional scale appropriate to the issue

Raise awareness of the impact of reduced spring flow

Employ leadership for trust-building, familiarity, and good will

Include diverse expertise in regular planning opportunities

Include indigenous knowledge (experience)

Build social capital and create social memory through dissemination of information

Be flexible in rules to manage hydrological change through adaptation

Promote innovation Provide for conflict resolution

Indicators of Adaptive Governance

Crite

ria

Gap Identification

The gap analysis results displayed in Tables 8-10 include details of where the indicator of

adaptive governance was noted to be present and where an indicator was considered to be

missing or not fully implemented. The analysis considered both current efforts to restore the

springs and proposed actions included in the SWWMD and NFRWSP plans and in the

recommendations in the FSI Springs Conservation Plan and Knight’s Recovery Recipe. The gap

analysis uses Hill’s (2013) categorization of regime, knowledge, and networks to organize the

discussion of the results.

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Gaps in RegimeTable 8. Gap Analysis: Regime

Indicators Current State Actions Planned/Recommended by Stakeholders

AccountabilityMFLs, Outstanding Florida Springs Recovery Plans; Outstanding Florida Waters; CUPs; 20-year Regional Plans

MFLs were not set 42 years after passage of Florida Water Resources Act; WMDs did not complete all restoration plans by the date legislated; need regulatory organizations to enforce existing laws and regulations; greater accountability through restrictions on CUP issuance; require alternative water supply development

Uncertainty Projected water demand in NFRWSP Plan for 2015-2035; alternative water supply projects

The NFRWSP plan is a list of projects and not a management strategy; prepare Regional Sustainable Groundwater Yields; lacking a strategy to manage uncertainty

Community Engagement & Empowerment

The community is not aware enough of the issues to be engaged and state pre-emption reduces power

Need increased public education; report information daily in understandable format; support the Ichetucknee SPRINGSWATCH

ResourcesInadequate funding

Need adequate funding for FDEP, FL Geological Survey, and FPS; for Ichetucknee, need funding for the Ichetucknee Springs Working Group; Aquifer Protection Fees

Bioregional scale WMDs do not reflect hydrogeological boundaries; NWRWSP; WMD maps do not correctly reflect current watersheds

Springshed Focus Areas; Springshed change and agency boundaries have not kept pace

Diversity Advisory committee to NFRWSP included representatives from …; WMD Board seats are vacant and not diverse

Advisory committees are selected by the agencies and do not include representatives of all stakeholders

Flexibility/Adaptation alternative water supply projects are to be paid by localities

Create 5-, 10-, 15- year plans to be enable adaptation

Regi

me

Stakeholders find a gap exists in accountability. There is a need for greater enforcement

to hold the WMDs accountable for monitoring and enforcing the MFLs in issuing CUPs, as well

as enforcement by the FDEP of the timely setting of the MFLs. Hicks and Leeper (2016, p. 296)

note that many of the established MFLs are not currently being met or are projected to not be met

in the next 20 years, which requires a recovery plan, which is not available for some springs that

fall below the established MFL. Suggestions for stronger regulation include additional criteria

for CUPs, caps and prohibitions on groundwater use, and mandatory conservation measures.

FSI has identified the role of uncertain science in the management of water resources. For

example, baseline MFLs are a point of disagreement between agency and environmental

hydrogeologists. Knight (2015, p. 142) advocates for being guided by the “precautionary

principle.” The precautionary principle holds that in the protection of a natural resource from

grave harm, action is justified even when the underlying science is conflicting or imperfect.

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Adaptive governance extends the management of uncertainty in the ecological system to

uncertainty in social and economic systems. A gap in managing for uncertainty exists in the

NFRWSP Plan. NFRWSP (2015) forecasts water demand and supply deficit through 2035.

However, according to the Plan (p. 11), the WMDs assume water supply based on existing

sources and current commitments for alternative sources, which fails to fully consider

uncertainties.

A gap in representation – or lack of diversity - in the appointees to the WMD governing

boards was noted by FSC’s President, Dan Hilliard (2019), in a letter to Florida Governor Ron

DeSantis. Hilliard alleges that those governing boards are no longer selected from a variety of

fields and expertise, and that there is no representation from the environmental or scientific

communities. In many cases, there are vacancies that result in decisions made by a slim quorum

(FSC, 2019). The advisory committee for the NFRWSP included a diverse group of

representatives (regime indicator) from several stakeholder groups; however, comments

submitted by local springs advocates claimed not all interests were represented.

Additional gaps identified in regime indicators include the need for greater public

awareness of the factors impacting springs health and the potential impacts to natural resources

and the water supply. Bioregional scales used may be inaccurate because the WMD boundaries

are based on regional surface water systems and springsheds have different and changing

boundaries. Resources are insufficient to fund the educational, scientific, and physical needs to

restore the springs. The state and regional agencies do not maneuver at a speed to permit

successful adaptation, and in fact continue to permit wells when MFLs are not met.

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Gaps in KnowledgeTable 9. Gap Analysis: Knowledge

Indicators Current State Actions Planned/Recommended by Stakeholders

Science-basedBlue Water Audit ("Aquifer Footprint")

Technical uncertainties still exist on the magnitude of flow reductions; additional scientific study is needed (including how much groundwater is available)

Experiment A pilot program is recommended; a phased approach is supportedMonitoring WMDs hire private firms to perform monitoring.

FSI has additional gauges; Springs health Report Cards

Need additional monitoring wells for more accurate information; access University of Florida, FDEP, and NGOs to implement ecological monitoring program

Feedback Last health report is from 2008 Prepare Springs Health Report Cards bi-annuallyAwareness FSI Springs Academy; Silenced Springs is published

and another book with a less technical bent is in progress

Increased awareness by public, local, state, and federal leaders is necessary; educate agricultural producers

Experience Scientists with background and experience in studying springs are involved; historical knowledge

Incomplete knowledge of existing wells; prepare database of all existing wells; no pre-development baseline exists for most of Florida's springs; use sentinel springs to gather change data

Promote innovation Water supply projects are suggestions, but local government can recommend their own plans

University of Florida has a water institute

Know

ledg

e

The use of adaptive management techniques was detailed in the narrative section of this

study. Adaptive management encompasses most of the knowledge indicators: it is science-based;

relies on experimentation; and requires monitoring and feedback to inform the basis of the

science used for future actions. A gap may exist, however, in the feedback to awareness loop.

Researchers from the University of Florida, Gainesville and Universidad del Rosario,

Bogotā D.C., Columbia (Kreye, Adams, Escobedo, & Soto, 2016) used a web-based choice

survey method to elicit public opinion on forest-water resource protection in Florida. The study

asked respondents to assess the program benefit of aquifer recharge to protect drinking water

supply. The value for the variable was extremely low and was attributed by the authors to a

history of water policies and regulations in Florida that fail to adequately protect the aquifers.

Adequate feedback on the results of experimentation and pilot studies may be necessary to

change the perception. Feedback not only informs science; positive feedback can strengthen

community engagement (a “regime” indicator) or build social capital (a “network” indicator).

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Gaps in NetworksTable 10. Gap Analysis: Networks

Indicators Current State Actions Planned/Recommended by Stakeholders

Layers & Redundancy Districts, regional water supply plans, local government involvement in the NFRWSP advisory group; monitoring by both WMDs, FSI, and other groups

Federal involvement is limited; county comprehensive plans do not include specific strategies

Collaboration North Florida Leaders Organized for Water (FLOW) consortium of counties, cities, towns organized to oppose CUP to Jacksonville Electric Authority

FSI is part of the Florida Springs Council, a coalition of

Coordination NFRWSP; North Florida-South Georgia Regional Groundwater Flow Model Initiative

Need to set timelines; FSI plan for Ichetucknee includes designation of responsible entities for each goal

Cooperation Payments to agricultural interests to reimburse previous capital outlayLeadership The Ichetucknee Partnership (Ad hoc group of

local leaders formed to oppose CUP to Jacksonville Electric Authority); Four Rivers Audubon; Florida Springs Council

The Ichetucknee Partnership is recommended to lead the implementation of the goals put forth by Ichetucknee Springs Alliance, written by FSI

Social capital / Social memoryShifting political agendas and priorities

Report progress toward understandable goals; local media should communicate issues and provide updates

Conflict Resolution Conflicts are addressed through legal action

Net

wor

ks

Adaptive governance frameworks recommend a multi-level, nested form of governance.

Such a structure permits quick action on the level that is demanded by an emergent issue. A

polycentric structure was noted in the Florida Springs Region. The FDEP is a state agency with

delegated authority to regional entities (WMDs). Redundancy is evident in the NFRWSP, which

is an agreement between the SRWMD and SJRWMD, and the FDEP. The nongovernmental

organizations are organized at the individual spring level and at the focus group level.

Collaboration is evident among some groups working on behalf of the springs. FSC is a

coalition; FSI works with the University of Florida’s law students and water institute. However,

collaboration between levels of government and the nongovernmental organizations is lacking,

as well as collaboration with agriculture, mining, and public water suppliers. Wondolleck and

Yaffee (2000, p. xvi) stress that collaboration is not itself a panacea. Collaboration is the means

by which a bridge is put in place to span the divide between competing interests that share a

common goal. Mollinga, Meinzen-Dick, and Merrey (2007, p. 705) point out that changes in

water management are inherently political. There will be winners and losers and some of those

seated at the collaborative decision table will have greater power. The authors note that the

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discussion must be strategically guided to identify the shared objectives and the issues on which

coalitions can be created to organize around specific efforts. In other words, the collaboration

must be coordinated, and a gap may exist in this element of adaptive governance in the Florida

Springs Region. Cooperation to gain buy-in from potential losers is required to create a

governance structure where each institution can play an effective role (Mollinga, Meinzen-Dick,

& Merrey, p. 709).

Fennell and Plummer (2010, p. 255) note that “social memory” is a factor in developing a

robust adaptive capacity in a community. Social learning through a community’s experience with

the success of a collaborative effort will enforce further adaptive governance strategies.

Successes in experimental efforts should be publicized. Innovation should be rewarded.

Windows of Opportunity

Another recurring element in the literature on adaptive governance is the exploitation of a

window of opportunity. Sharma-Wallace, Velarde, and Wreford (2018, p. 181) note that scholars

of adaptive governance cite the importance of seizing such a window of opportunity to effect

governance transition. However, in half of the cases included their study where a window of

opportunity opened, the governance structure failed. The researchers found that in these cases the

stakeholders were not flexible and adaptive due to inadequate planning and preparation. A

window of opportunity is not by itself sufficient to cause change.

A potential window of opportunity has recently presented itself in the SRWMD. Seven

Springs Water asked the SRWMD to renew a CUP to withdraw up to 1.152 MGD near the Santa

Fe River for the new owner’s Nestle water bottling operation (FSC, October 5, 2019, Nestle

CUP). The original CUP was issued twenty years ago, prior to the river’s being placed under an

MFL recovery strategy and the prior permit holder bottled only 300,000 gallons per day. A board

member with Our Santa Fe River, Inc. points out that taxpayers are currently funding springs

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restoration and the Nestle bottling operation will further exacerbate the problem. Furthermore,

the extraction is not in the public interest as the bottled water will be sold for private profit. The

issue has generated worldwide media coverage and garnered local support, increasing public

awareness of the impact that water extraction permits have on the health of local springs.

Collaboration can also be increased in situations where there is a shared problem or fear, or a

sense of crisis (Wondolleck & Yaffee, 2000, pp. 76-77).

Governance Recommendations

The analysis of adaptive governance principles in this case study revealed that the

numerous principles are interrelated. For example, feedback and experimentation beget social

memory; being prepared for windows of opportunity (being flexible and adaptive) can lead to

collaboration; coordination requires leadership; and so on. Figure 2 is a suggested model of the

interdependent variables. The analysis suggests that a full complement of adaptive governance

principles needs to be present to provide for a successful implementation.

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Figure 2. Adaptive Governance Model

Gaps identified in the case study of governance in the Florida Springs Region spanned

the range of the indicators of adaptive governance. However, examples of current and/or

proposed or recommendations actions are present for most of the indicators. Three

recommendations to close the gaps efforts are offered.

Respond to Uncertainty with a Risk-Based Approach

Perform a risk assessment to identify all ecological, social, and economic uncertainties to

mold a flexible and prepared governance structure able to overcome obstacles and take

advantage of opportunities that emerge. Adaptive governance theory is reflective of an evolution

away from seeking one optimal response in making policy decisions. Ostrom, Janssen, and

Anderies (2007, p. 15176) state that there is usually no panacea for solving environmental

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problems. Environmental issues are by nature local or regional issues and the solutions will vary

depending on many factors. They further state that to “go beyond panaceas” requires diagnosis

of the multiple processes that occur in complex, nested social-ecological systems, monitoring the

initial solutions, and using learning from applied science such as that used in other scientific

disciplines. Modeling alternative outcomes based on extensive use of data from a variety of

sources should be considered.

Hassanzadeh, Elshorbagy, Wheater, and Gober (2016, p. 291) used a water resource

model to project water availability by simulating changing conditions under five different policy

options. Results of their study of the water resource system in the Saskatchewan River Basin in

western Canada revealed that no single policy provided the optimal option for water resource

management for all stakeholders under every condition tested. The study suggests that using a

risk-based framework and a model that incorporates the probability of outcomes under various

policy options can provide valuable insight to prepare a governance structure able to respond

most effectively to uncertain and changing conditions. Using such a model would allow for

better computation of tradeoffs based on empirical data.

Engage Conveners to Facilitate Consensus-Building

Scholz and Stiftel (2005, pp. 5-6) list as one of five challenges to adaptive governance the

“challenge of deliberative process design,” which is the challenge in seeking and including a

large number of participants and incorporating their input into the strategy. In social-ecological

“wicked problems” where each party’s ideal solution cannot be achieved, cooperation by those

with competing interests must be achieved. Trade-offs will be required to gain buy-in from the

diverse stakeholders. Coordination and leadership is mandatory to develop and present options

and to bring diverse entities to agreement to evolve from the current remedy for dispute

resolution, which is through legal challenge.

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Fuller (2009) compared two collaborative processes that attempted to build consensus

between agriculture and environmentalists on issues of agricultural water use. One effort

succeeded and the other failed. Fuller (p. 663) notes that the successful process led to

“significant innovation and surprising risk taking by all sides.” Fuller attributes the success of

that process to several factors beyond the scope of this analysis. However, the study highlights

the level of skill and strategy needed to gain consensus where there are seemingly irreconcilable

differences.

Oregon Solutions (About Oregon Solutions), associated with the National Policy

Consensus Center in the College of Urban and Public Affairs’ Hatfield School of Government at

Portland State University, refers to such a system and process of consensus-building as

“collaborative governance.” Oregon Solutions provides a neutral forum, a “convener,” leverage

to access resources, accountability, and experienced staff to work on projects that address

economic, community, and environmental objectives. Oregon Solutions provided a co-convener

to mediate and establish the Columbia River-Umatilla Solutions Task Force to reach solutions on

water conflict in Oregon, providing a positive example of collaboration. An organization

modeled on Oregon Solutions should be established at the University of Florida, potentially

housed in the Public Policy Research Center and should partner with the UF Levin College of

Law Conservation Clinic.

Update Local Comprehensive Plans

The multi-level nested structure undergirding adaptive governance should include

significant local government involvement. It is at the local level that the public will become

involved to the extent of community engagement and empowerment adequate to effect the

changes in Knight’s “recovery recipe.” Most municipal and county comprehensive plans

incorporate language related to springs preservation that is copied from the state’s

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comprehensive plan. The language does not reflect or inspire local needs. Local governments

should update their comprehensive plans to reflect local spring and aquifer protection initiatives.

Such an effort will require educating and motivating the public to express their concerns and to

be heard along with the voices for agricultural and industrial interests.

CONCLUSION

The problem of declining spring flows in the Florida Springs Region, indicating a water

supply issue in the state, is a complex social-ecological problem. As such, efforts to restore and

preserve the springs can benefit from an effort to implement all elements of adaptive governance.

A successful implementation requires a methodical, coordinated approach. Using a convener to

coordinate efforts and conducting a risk assessment to identify the various risks specific to a

complete diverse group of stakeholders can evolve the effort to overcome the seemingly

irreconcilable differences among the stakeholders in the sustainable management of the Floridan

Aquifer System and the region’s springsheds.

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