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Condition No. 29: "The permittee's use of water as authorized by this permit shall not cause an interference with an existing legal use of water as defined in District rules. If interference occurs, the District may revoke the permit in whole or in part to abate the adverse impact unless otherwise mitigated by the permittee. The permittee has submitted to the District a detailed mitigation plan to address the potential for interference as the permittee's authorized withdrawals increase over the term of the permit. The permittee shall implement the plan (titled "Indian River County Consumptive Use Permit Avoidance Plan" and received by the District on July 11, 2011) in accordance with the schedule set forth in the plan. Any modification to the plan must be submitted to the District for review and must obtain District approval before it may be implemented. Existing legal users that may potentially be impacted by the withdrawals of groundwater at the Hobart Park (North) WTP were identified in the plan; however, permittee must also provide mitigation for any interference to existing legal users that have inadvertently not been identified in the plan." Condition No. 30: "The permittee must mitigate if an adverse impact to existing users has occurred. Mitigation may include installation of a new pump or motor, providing new electrical wiring, connection with the existing water supply system, or other appropriate measures. However, the mitigation cannot result in an increased cost to an impacted user." CUP condition 30 is a very important key factor that allows the District to grant water use allocation rights to IRCDUS as long as the ELU's water use is preserved. In the event that an ELU has been affected, as when the IRCDUS conducted its full capacity functional test in 2012, then specific and required mitigation actions, as detailed in the mitigation plan attached to the CUP, must be implemented. Detailed History: During a scheduled full -capacity test at the NCRO on April 9, 2012, Mr. Fred Van Antwerp contacted the District regarding loss of artesian water flow noticed on his wells. IRCDUS immediately took action by connecting the residences and the packing house to the County's potable water system by June of 2012. The VA structures are still connected to, and using, IRCDUS potable water today. After the VA residences/packing house were connected to County water, the County began investigating additional mitigation measures, including formalizing an agreement between the County and the Van Antwerps. After several months of negotiations and failure to reach a compromise, the discussions never advanced. IRCDUS still pursued mitigation efforts for two of the irrigation wells. Temporary interruption of irrigation water was resolved by re -plumbing an existing suction pump. The suction intake was piped into the well to a depth of 40 feet and included a screen and check valve. The modification was demonstrated to provide a consistent flow rate of water in the 84 to 87 gallons per minute (GPM) range at one well, while maintaining ample flow to the irrigation system at the other well. The subject interference was resolved successfully per correspondence in the SJRWMD archive (Attachment 2). On May 24, 2013, after the above mitigation efforts were successfully implemented, IRCDUS conducted a four- hour functional test in which eight NCRO WTF wells were operated at full capacity. During the test, wells 1, 3, 4, 5, 6, 7, 8, and 9 were operated to produce the optimal amount of finished water under emergency power. During the test, the VA's irrigation system could continue to be operated with centrifugal pumps. In conclusion, the VA's temporary loss of artesian water flow was mitigated through the well retrofit work and connection of three residences and their packing house to the County potable water system. During the same time frame in July of 2013, CDM Smith Inc. conducted sampling of the UFA wells in the vicinity of NCRO. The intent of the sampling efforts was to provide a comparison of post -expansion UFA conditions with data collected prior to the expansion. As part of the testing, IRCDUS increased production at the NCRO to full capacity, pumping from seven to eight of the nine production wells for 1.5 hours, to represent full aquifer 152 Page 2 of 7 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ACODF439\@BCL@ACODF439.docx