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112 RESOLUTION 1992- 49 R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AUTHORIZING THE CITY'S PARTICIPATION IN THE SUIT BROUGHT BY THE GUADALUPE-BLANCO RIVER AUTHORITY REGARDING REGULATION OF THE EDWARDS AQUIFER BY THE TEXAS WATER COMMISSION; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the threat to the continued existence of the San Marcos Springs and San Marcos River posed by ever-increasing demands for water across the entire area of the Edwards Aquifer- Balcones Fault zone, which serves as the source of water for the springs and river, is among the most critical issues facing the City of San Marcos today; and, WHEREAS, the protection of the invaluable natural resources of the San Marcos Springs and River has given rise to the adoption of a series of regulatory ordinances by the City, including the San Marcos River Corridor Ordinance, the Drainage and Erosion Control Ordinance, the Transfer of Development Rights Ordinance, and the Water Conservation Ordinance, as well as to the City's commitment to development of alternative water resources; and, WHEREAS, the Texas Water Commission (the "Commission") has adopted emergency rules and will propose for adoption permanent rules regulating the use of water from the Edwards Aquifer based on the determination that the aquifer is an underground river and that its waters are therefore State waters subject to regulation by the Commission; and, WHEREAS, the Guadalupe-Blanco,River Authority has filed suit in State district court in Travis County for a declaratory judgment to confirm the Commission's determination that the Edwards Aquifer is an underground river; and, WHEREAS, the city wishes to intervene in this pending suit in support of the Commission's determination that the Edwards Aquifer is an underground river and that its waters are therefore subject to State regulation; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. That the intervention by the City in the pending suit described above styled Guadalupe-Blanco River Authoritv v. Texas Water Commission is hereby authorized to support the determination by the Commission that the Edwards Aquifer is an underground river. PART 2. That the continued representation of the City in Edwards Aquifer-related litigation, including intervention as authorized by this resolution, by the Austin law firm of McGinnis, Lochridge & Kilgore is hereby approved. PART 3. That this Resolution shall be in full force and effect from and after its passage. ADOPTED this , 1992.