Public Has Access to Submerged Lands of Springs

SUMMARY

PREEMPTION ISSUES WE INVESTIGATED DUE TO PUBLIC CONCERNS:
• Park management verbally telling canoers/kayakers that they could not paddle into spring & spring run and would have to pay admission fee to swim
• 2 posted signs along the spring run that caused confusion – leading river users to believe the spring and spring run were private (“DESIGNATED SWIMMING AREA – NO BOATS BEYOND THIS POINT” + “POE SPRINGS PARK – ENTRANCE FEE - $5.00 PER PERSON”)
Both issues bulleted above can qualify as “unauthorized preemption” of SSL (Sovereign Submerged Lands)

RESULTS:
• Division of State Lands confirmed “THE STATE HOLDS TITLE TO THE SUBMERGED LANDS OF POE SPRING, POE SPRING RUN AND THE SANTA FE RIVER AT THIS SITE”
• Alachua County & Nature Quest was informed of the title determination – both agreed not to limit/manage/control public access to Poe Spring and the spring run
• County removed both signs from the spring run (signs had been put up prior to Nature Quest management) – I (DEP) visited site this morning and confirmed removal
• Informed county that they could not deposit “new sand” or “other fill” w/in 100’ of the spring & spring run to maintain the present man-made beach area

ANSWERS TO QUESTIONS:
1. Yes, the waters in the spring and spring run are for the public’s use and cannot be managed by another party without authorization
2. Yes, any lands “waterward” of the “ordinary high” along the Santa Fe River, the spring run, and the spring itself is SSL for public use (lawful) and cannot be managed by another party without authorization
3. Yes, the land submerged (bottom) in the spring and spring run is SSL for public use – public can “walk” up the spring run
4. Yes, the public has the right to park on the Santa Fe River bank (staying in water) & wade/walk or swim up into the spring run and spring. Yes, the public can paddle up into the spring run and spring.
5. SEE DISCUSSION BELOW

DISCUSSION:
At different times the fixed ordinary high water line can fall below water levels (i.e. floods) or can be above water levels on dry bank (i.e. drought) – a good rule of thumb is for the public to stay in the water column with their vessel and feet – along the mostly level river, spring bottom. Walking along the exposed sloping banks of rivers and springs contribute to bank erosion and potentially gets the user into an issue with the surrounding property owner. We ask the public to respect private property and use care when paddling into springs with swimmers/divers/children present. Alachua Co and Nature Quest stated that they will approach individuals for admissions if they walk above the top of the bank – i.e. to use the restroom or picnic facilities. They understand that paddlers will be along the banks when exiting their vessels to go for a swim.
Hope this helps - call if any questions,

Carmine Oliverio
Florida Department of Environmental Protection
Northeast District - Live Oak Field Office
Submerged Lands / Environmental Resources Permitting - Compliance & Enforcement
(386) 362-0417


This information was provided in response to the questions raised in the following article:
High Springs Article

SJRWMD/SRWMD Water Supply Plan Meeting, June 18, 2009

The SJRWMD/SRWMD 2010 District Water Supply Plan Northern Planning Area/Upper Santa Fe River Water Supply Plan Work Group meeting was held June 18, 2009 in Gainesville.

Meeting Summary

Water Supply Plan Workshop - July 9
The Suwannee River and St. Johns River water management districts will host a joint workshop on Thursday, July 9 at 10 a.m. to discuss technical methodology for development of their 2010 Water Supply Plans. The public is invited to attend.
It will be held in the St. Johns District headquarters Governing Board room in Palatka.

Springs Working Group Meeting - June 4, 2009

The Santa Fe Springs Working Group held its quarterly meeting on June 4, 2009 at the Poe Springs Lodge from 9:30 - 12:30. A field trip to two agricultural sites followed.

Agenda and Meeting Notes

Presentations:

• Hydrologic Conditions on Lower Santa Fe River, Megan Wetherington, SRWMD
  
• Legislative Updates, Connie Bersok, FL DEP
  
• Ichetucknee Springs Report Card, Bob Knight, Wetland Solutions, Inc.
  
• Suwannee River Partnership, Hugh Thomas
  
• Watson Dairy, Charlie Smith