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City Council Meeting Minutes December 7, 2021 <br />be scheduled to delve into the history of the HCP. This plan was developed by <br />a diverse group of stakeholders in 2012 to protect the federally -listed species <br />potentially affected by the management and use of the Edwards Aquifer and <br />certain other activities in the Comal and San Marcos ecosystems. This is <br />accomplished through a number of conservation measures such as controlling <br />non-native species, restoring the riparian buffer, and keeping hazardous waste <br />out of the recharge zone to protect the Edwards Aquifer. Although the plan <br />was originally drafted almost a decade ago, this is an ongoing effort. <br />Melani Howard provided the Edwards Aquifer Habitat Conservation Plan <br />(EAHCP) presentation. She outlined the purpose, the history and events that <br />led to the creation of the EAHCP. <br />❑ 1956 Drought of Record— Comal Springs ceased flow for 6 months <br />❑ Endangered Species Act of 1973 <br />❑ Increased pumping by San Antonio with a growing population of 2 million, <br />Downstream communities, and Industry/Agriculture <br />❑ Reduced recharge as development covers the recharge zone <br />0 Magnified drought risk to spring fed rivers <br />Ms. Howard outlined some of the legal challenges that have occurred: <br />Sierra Club v USFWS 1991 <br />0 Sierra Club & CoSM (Plaintiff Intervenor) alleged that unrestricted <br />withdrawals from the aquifer would cause take of Endangered Species. Courts <br />agreed and established "take" and "jeopardy" flow rates; water supply <br />restrictions <br />Senate Bill 1477 -1993 <br />❑Established Edwards Aquifer Authority and set withdrawal limits <br />❑Attempted HCP: September 1999- March 2005 <br />Senate Bill 3 <br />❑Region realized that pumping cuts would be fiscally unfeasible <br />❑ 2007 - Senate Bill 3 directed FAA to form an HCP- the federal mechanism <br />for curtailing pumping and enhancing riverine habitat <br />❑ Senate Bill 3 created the EARIP as a collaborative stakeholder process to <br />balance the water needs of the Edwards Aquifer (Endangered Species and <br />Human). <br />❑ Senate Bill 3 allowed for state control, rather than federal, to resolve the <br />threats to endangered species. <br />❑ Using an existing federal program, and with US Fish & Wildlife <br />participation, the Edwards Aquifer Authority managed a process that <br />successfully created an HCP that required compromise and consensus by all <br />stakeholders <br />City of San Marcos Page 2 <br />