Res 2015-029/Supporting the adoption of legislation to establish local regulation of groundwater production from the Trinity Aquifer in areas of Hays County that are currently unregulated by any groundwater conservation district

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RESOLUTION NO. 2015 -29R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS SUPPORTING THE ADOPTION OF LEGISLATION TO ESTABLISH LOCAL REGULATION OF GROUNDWATER PRODUCTION FROM THE TRINITY AQUIFER IN AREAS OF HAYS COUNTY THAT ARE CURRENTLY UNREGULATED BY ANY GROUNDWATER CONSERVATION DISTRICT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Chapter 36 of the Texas Water Code allows for groundwater conservation districts to be created "in order to provide for the conservation, preservation, protection, recharging, and prevention of waste of groundwater, and of groundwater reservoirs or their subdivisions, and to control subsidence caused by withdrawal of water from those groundwater reservoirs or their subdivisions, consistent with the objectives of Section 59, Article XVI, Texas Constitution "; and WHEREAS, it is recognized that the boundaries of groundwater conservation districts, counties, and other jurisdictions are not consistent with the hydrogeology of the area, creating regulations which are complicated by the existence of multiple aquifers and geological conditions within certain groundwater conservation districts; and WHEREAS, , an area of the Trinity Aquifer in Hays County (the unregulated area) is not subject to regulation by a groundwater conservation district (GCD), and this causes uncertainty; and WHEREAS, the lack of GCD regulation of the Trinity Aquifer in the unregulated area also creates uncertainty regarding regionally- established groundwater management goals, including the achievement of desired future conditions; and WHEREAS, the inclusion of the unregulated area in a GCD would allow for the consistent application of a management plan, rules to ensure the consistent treatment of all users, user fees subject to limits set in statute, and for the achievement of regional groundwater management goals; and WHEREAS, legislation is being proposed that would allow for regulation in the unregulated area by a local GCD; and WHEREAS, there are existing groundwater conservation districts in Hays County, such as the Edwards Aquifer Authority, the Barton Springs /Edwards Aquifer Conservation District, the Plum Creek Conservation District and the Hays Trinity Groundwater Conservation District, whose boundaries and authority should be considered and respected in any legislation that provides for GCD regulation of this area; now, therefore