By FREDERICK ASCHAUER, JR. and HANNAH STEVENSON
According to the Florida Department of Environmental Protection (FDEP), aquifer storage and recovery (ASR) wells provide, “a mechanism for storing water underground through an injection well to be withdrawn in the future for beneficial purposes.”
That definition invites an important policy question: Are there circumstances in which ASR wells could provide meaningful public benefit, but existing regulatory requirements impose burdens that prevent otherwise sound projects from moving forward?
You don’t have to be an environmental professional to understand that the aquifer in Florida is under immense pressure. Public concern also continues to grow regarding large-scale water use, including demands associated with data centers and other water-intensive development.
In that context, ASR wells appear to be an important tool — perhaps a significant one — in Florida’s broader water-resource management strategy. To some extent, they already are. However, certain regulatory requirements may be limiting their practical utility and merit careful review.
FDEP’s website notes that, “whether treated or not, water injected into ASR wells must meet Florida’s drinking water quality standards.” At first glance, that requirement is both sensible and consistent with Florida’s regulatory framework. It also has the benefit of being supported by federal law.
However, these regulations could be read to prohibit the injection of water from the very same aquifer if such water were pumped out of the aquifer from one location, piped above ground, then injected elsewhere into that very same aquifer.
The underlying regulatory concern is understandable: injection activity can mobilize or displace naturally occurring or existing contaminants, including arsenic. Still, water is a precious resource, and Florida continues to lose substantial volumes to tide, evaporation and other pathways before that water can be put to beneficial use.
If the state is serious about relieving pressure on its aquifer systems, it should evaluate reasonable, science-based approaches that manage risk without unnecessarily foreclosing beneficial ASR opportunities.
The better question is not whether ASR wells should be exempt from appropriate oversight. They should not. Rather, Florida should consider whether the current regulatory framework can be refined to distinguish between projects that present meaningful water-quality risks and those that can be safely implemented with appropriate monitoring, safeguards and site-specific review.
In that regard, ASR wells deserve renewed attention as one practical component of Florida’s long-term water-supply strategy.
Frederick Aschauer, Jr. is a Shareholder at Lewis, Longman & Walker, P.A. and Hannah Stevenson is an Associate at Lewis, Longman & Walker, P.A..
