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Edwards Aquifer Recovery Implementation Program HABITAT CONSERVATION PLAN in Comal Springs. (HDR 2011). Using the Guadalupe-San Antonio River Basin Water Availability Model (GSA), HDR Engineers determined that the amount of fresh water inflow in the Guadalupe Estuary increases by 13,222 ac-ft in the worst year of a repeat of the drought of record. (Id.). EAA lacks jurisdiction over surface water flow. Thus, it lacks the authority to ensure that any additional springflow provided from the Edwards Aquifer will be available in the bays and estuaries. 1.5 Regulatory Framework 1.5.1 Texas Water Law In Texas, the administration of water rights is dependent on the type of water in question prior which holds that the State of Texas owns all water in streams and rivers, and grants permission to use the water on a seniority basis through an administrative process. Under Texas common law, groundwater is governed by the rule of capture.Under this doctrine, an owner of land may drill a well to seek groundwater, withdraw any groundwater that may be encountered, and place the water to beneficial use without significant limitation as to amount, place, or purpose. Moreover, this common law privilege may generally be exercised without regard for any negative impacts to adjacent landowners or springflows. While generally the rule of capture remains in effect, groundwater conservation districts may, through rulemaking, limit or regulate the operation of the rule of capture within their respective boundaries under the specific authority provided by their enabling legislation or by Chapter 36, Texas Water Code. The first groundwater district was established in 1951, and as of 2011, 97 groundwater districts have been established (96 confirmed, 1 unconfirmed; TWDB 2011). Under the EAA Act, the common law has essentially been supplanted and groundwater within the Aquifer is regulated by statute rather than the rule of capture. 1.5.2 Edwards Aquifer Authority 1.5.2.1 Administration of Groundwater Rights in the Edwards Aquifer The EAA Act requires the EAA to, among other things, regulate and manage withdrawals from the Aquifer. The EAA manages withdrawals primarily through its Groundwater Withdrawal Permit Program. The basic elements of this program include: (1) a fact-finding process to identify persons who qualified for a water right in the Aquifer; (2) the issuance and administration of groundwater withdrawal permits; (3) capping the aggregate amount of permits that may be issued; (4) allowing permits to be marketed; and (5) reducing withdrawals when necessary for the benefit of threatened and endangered species protected under the Endangered Species Act. 1-11