Res 2011-127 - Laserfiche WebLink

Home Browse Search

Edwards Aquifer Recovery Implementation Program HABITAT CONSERVATION PLAN EAA seeks incidental take coverage for its authorization of the withdrawals under the cap and for the owners or lessees of the permits making the authorized withdrawals under the permits. Term Permits The EAA Act authorizes the EAA to issue Term Permits, which authorize the withdrawal of groundwater for a defined term, up to a maximum of 10 years. (EAA Act § 1.19). These permits are interruptible (i.e., the right to withdraw pursuant to these permits must be interrupted during the term of the permit based upon statutorily-specified Aquifer or springflow levels). Further, withdrawals may be made pursuant to these permits only when Aquifer levels are relatively high as measured at specified index wells - above 675 ft-MSL in the San Antonio Pool of the Aquifer, and above 865 ft-MSL in the Uvalde Pool or when springflow levels are relatively high (above 350 cubic feet per second [cfs] for Comal Springs and above 200 cfs for San Marcos Springs). Aquifer withdrawals made pursuant to Term Permits are not subject to or limited by the Aquifer-wide withdrawal cap that is discussed above in relation to Initial Regular Permits. The EAA last issued term permits in 1997 although the EAA no longer has any records for these permits. These term permits are believed to have expired in 1998, and the EAA currently has no Term Permits shown to be outstanding in its permit data base. Current policy of the EAA is to not issue Term Permits. This policy is reflected in Section 711.102(b) of the EAA rules providing Term Permits to be filed with the Authority, Authority staff may not process any application received and must return the The Board has not issued such an order. In the unlikely event the EAA changes policy and again issues term permits during the term of the ITP, the EAA, seeks incidental take coverage for the authorization of the withdrawals from the Aquifer and for the owners or lessees making such withdrawals pursuant to a Term Permit. The manner in which those withdrawals will be addressed is discussed in the Changed Circumstances provisions of Section 8.1. Emergency Permits The EAA Act authorizes the EAA to issue Emergency Permits to withdraw Aquifer water for the limited needs of preventing the loss of life, or to prevent severe, imminent threats to the public health or safety. (EAA Act § 1.20). Emergency Permits may be issued for a term of up to 30 days, but are renewable. A holder of an Emergency Permit may withdraw Aquifer water without regard to its effect on other permit holders. Aquifer withdrawals made pursuant to emergency permits are not subject to or limited by the Aquifer-wide withdrawal cap that is discussed above in relation to Initial Regular Permits. Since its inception, the EAA has issued only one Emergency Permit in 2004 for 150 ac-ft to help remediate a sewer line spill in Salado Creek. This permit expired in July, 2004. By their nature, the EAA does not expect to issue Emergency Permits with any level of frequency. 2-3