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HABITAT CONSERVATION PLAN Edwards Aquifer Recovery Implementation Program boundaries of the EAA and in compliance with the Act and rules. It does not seek incidental take coverage for any federal facility which withdraws groundwater from the Aquifer for the benefit of the federal facility. Finally, EAA seeks coverage for the minimization and mitigation measures that either it will implement or for which it bears responsibility for having implemented as identified in Chapter 5 of this HCP. The activities for which the EAA seeks coverage are described in more detail as follows. 2.2.1 Groundwater Withdrawal Program 2.2.1.1 In General The EAA Act recognizes three categories of groundwater rights to withdraw and place to beneficial use water withdrawn from the Aquifer: (1) interim authorizations; (2) permits; and (3) exempt wells. Interim authorization rights are temporal groundwater rights that existed from the effective date of the EAA Act on June 28, 1996, for a limited period of time to provide a transitional bridge from the Texas common law to the statutory-based permit system established under the EAA Act. (See generally EAA Act § 1.17). Interim authorization rights became superseded upon entry of final orders by the EAA on applications for initial regular permits, or upon the failure of a well owner to timely file by December 30, 1996, a declaration for historical use for the well. (See id § 1.17(d)). The EAA does not currently recognize any interim authorization groundwater rights in the Aquifer. However, on rare occasions the EAA has had to place a well owner back on interim authorization status to address an unusual factual scenario, but does not anticipate in the future having to place a well owner back on interim authorization status. The second category of Aquifer groundwater rights is groundwater withdrawal permits. These include Initial Regular Permits (and their derivative Regular Permits), Term Permits, Emergency Permits, and Recharge Recovery Permits. (See id. §§ 1.16, 1.19, 1.20 and EAA rules § 711.260). The final category of groundwater rights in the Aquifer are wells which are exempt from the permitting and metering requirements. (See id. § 1.33) its groundwater withdrawal program are found at Chapter 711. 2.2.1.2 Authorized Groundwater Withdrawals Initial Regular Permits Withdrawals under Initial Regular Permits, and derivative permits due to transfers of these are subject to the annual statutory cap on Aquifer withdrawals. In 2007, the Texas Legislature limited total withdrawals under all regular permits to 572,000 ac-ft/yr. (Section 1.14(c) of the EAA Act). Although the EAA Act provides in Section 1.18 that the EAA may also issue Additional Regular Permits, this portion of the Act cannot be implemented because no additional water is available for permitting under the 572,000 ac-ft/yr cap established by the Legislature in 2007. 2-2