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a <br />a C4 <br />EDWARDS AQUIFER <br />A U T H O R I T Y <br />EDWARDS AQUIFER HABITAT CONSERVATION PLAN PROGRAM <br />REGIONAL WATER CONSERVATION PROGRAM <br />INITIAL COMMITMENT CONTRACT No. 13- 650 -HCP <br />BETWEEN THE <br />EDWARDS AQUIFER AUTHORITY <br />AND <br />CITY OF SAN MARCOS <br />THIS INITIAL COMMITMENT CONTRACT ( "Contract ") is made and entered into by and <br />between the EDWARDS AQUIFER AUTHORITY ( "EAA "), a conservation and reclamation <br />district and political subdivision of the State of Texas, and THE CITY OF SAN MARCOS <br />( "Transferor "), the entity that is shown by the official permitting records of the EAA as the owner <br />of record of Permit No. P 100 -828 ( "Permit "). Each of these entities is, at times, referred to <br />individually as a "Party," and both are referred to collectively as "Parties." <br />RECITALS <br />WHEREAS, under Section 1.02 of the Edwards Aquifer Authority Act ("EAA Act ") <br />(Act of May 30, 1993, 73rd Leg., R.S., ch. 626, 1993 Tex. Gen. Laws 2350, as amended), the <br />EAA is a conservation and reclamation district created by virtue of Article XVI, Section 59 of <br />the Texas Constitution; and <br />WHEREAS, under Section 1.14(a)(6), and (7) of the EAA Act, the EAA is required to <br />protect aquatic and wildlife habitat, and protect species that are designated as threatened or <br />endangered under federal or state law; and <br />WHEREAS, under Section 1.14(h) of the EAA Act, the EAA is required to implement a <br />plan to ensure that springflows at Comal Springs and San Marcos Springs are maintained to protect <br />endangered and threatened species to the extent required by federal law; and <br />WHEREAS, on March 18, 2013, the U.S. Fish and Wildlife Service ( "Service ") issued <br />Incidental Take Permit No. TE63663A -0 ( "ITP ") to the EAA, among others, under Section <br />10(a) (16 U.S.C. § 1539(a)) of the federal Endangered Species Act of 1973; and <br />WHEREAS, accompanying the EAA's application for the ITP was a Habitat Conservation <br />Plan ( "HCP ") which, among other things, provides for various Conservation Measures intended <br />to minimize and mitigate the impact of incidental take of Covered Species due to low <br />springflows at Comal Springs or San Marcos Springs; and <br />900 E. Quincy • San Antonio, Texas 78215 • 210.222.2204 • edwardsaquifer.org <br />