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Item 10 Attachment # 2 Page 1 of I 1 P EDWARDS AQUIFER A U T H O R 1 T Y EDWARDS AQUIFER HABITAT CONSERVATION PLAN PROGRAM REGIONAL WATER CONSERVATION PROGRAM INITIAL COMMITMENT CONTRACT WITH CITY OF SAN MARCOS, TEXAS THIS INITIAL COMMITMENT CONTRACT ( "Contract ") is made and entered into by and between the EDWARDS AQUIFER AUTHORITY ( "EAA "), a conservation and reclamation district and political subdivision of the State of Texas, and the CITY OF SAN MARCOS ( "Transferor "), the entity that is shown by the official permitting records of the FAA as the owner of record of Permit No. P100 -828 ( "Permit "). Each of these entities is, at times, referred to individually as a "Party," and both are referred to collectively as "Parties." RECITALS WHEREAS, under Section 1.02 of the Edwards Aquifer Authority Act ( "EAA Act") (Act of May 30, 1993, 73rd Leg., R.S., ch. 626, 1993 Tex. Gen. Laws 2350, as amended), the FAA is a conservation and reclamation district created by virtue of Article XVI, Section 59 of the Texas Constitution; and WHEREAS, under Section 1.14(a)(6), and (7) of the FAA Act, the FAA is required to protect aquatic and wildlife habitat, and protect species that are designated as threatened or endangered under federal or state law; and WHEREAS, under Section l .14(h) of the EAA Act, the FAA is required to implement a plan to ensure that springflows at Comal Springs and San Marcos Springs are maintained to protect endangered and threatened species to the extent required by federal law; and WHEREAS, on January 6, 2012, the FAA, among others, filed an application for an incidental take permit ( "ITP ") with the U.S. Fish and Wildlife Service ( "Service ") under Section 10(a) (16 U.S.C.A. § 1539(a)) of the federal Endangered Species Act of 1973 ( "ESA ") (16 U.S.C.A. §§ 1531 -1544 (West 2010)); and WHEREAS, a Habitat Conservation Plan ( "HCP ")I was filed with and supports the application for the ITP by providing for, among other things, the implementation of various Conservation Measures intended to minimize or mitigate the impact of the use of the Edwards ' As of the Effective Date of this Contract, the HCP that is in effect for purposes of this Contract is dated December 2011 and is part of the ITP application. 1 of 11 11212.03001/ MHED/ MISC -2/ l 154963v. 9 Item 10