Res 2012-110 - Laserfiche WebLink

Home Browse Search

Item 10 Attachment # 2 Page 2 of 1 I Aquifer ( "Edwards" or "Aquifer ") on the authorized taking of the threatened and endangered species associated with the Aquifer or contribute to the recovery of such species; and WHEREAS, Section 5.1.3 of the HCP sets forth a Regional Water Conservation Program (the "Conservation Program "), and implementation of the Conservation Program "will minimize and mitigate the impacts of pumping from the Aquifer by building on the expertise of the successful programs to realize savings throughout the Edwards Aquifer region" with the goal of conserving 20,000 acre feet per year (AF /yr) of permitted and exempt Aquifer withdrawals, of which 10,000 AF /yr will be managed such that it remains in the Aquifer and not be withdrawn for beneficial use; and WHEREAS, Section 5.1.3.3 of the HCP provides that municipal water purveyors which utilize the Aquifer will initially commit to "loan" to the Conservation Program "start-up" conserved water totaling 10,000 AF /yr of Permitted Edwards Groundwater Rights which will be transferred into the EAA's Groundwater Trust, not be withdrawn from the Aquifer, and remain in the Aquifer for the duration of the Conservation Program unless released from the Groundwater Trust as provided below in Section 9.0, but which will still be owned and controlled by the that municipal water purveyor making the initial commitment; and WHEREAS, the Conservation Program provides that after the initial commitments from municipal water purveyors of 10,000 AF /yr of Permitted Edwards Groundwater Rights are made, additional Conservation Program participants (municipal or industrial) may achieve water conservation through the implementation of the Conservation Program elements set forth in Section 5.1.3.2 of the HCP, and that one -half of the conserved amounts of groundwater attributed to each Conservation Program element will be transferred to the EAA via the EAA's Groundwater Trust described below and managed such that this amount will remain in the Aquifer and not be withdrawn for beneficial use, and that those contributed amounts will be allocated so as to reduce the initial commitments made by Transferor and the other initial contributors, on a prorated basis; and WHEREAS, Transferor is a municipal water purveyor as described in Sections 5.1.3.1 and 5.1.3.3 of the HCP, and its participation in the Conservation Program will play a significant role in achieving and maintaining the Conservation Program's stated objectives; and WHEREAS, the initial commitment to the Conservation Program as described in Section 5.1.3.3 of the HCP basically operates as follows: (1) Transferor, and the other initial contributors to the Conservation Program, will agree to contribute and set aside under the terms of this Contract, a total of 10,000 AF /yr of Permitted Edwards Groundwater Rights, (ii) as other municipal or industrial permittees achieve new water conservation under the 5.1.3.2 of the HCP, those additional participants will transfer one -half of those conserved permitted amounts to the EAA via the EAA's Groundwater Trust, (iii) the newly contributed amounts in excess of the initial 10,000 AF /yr will be released to Transferor, and the other initial contributors, on a prorata basis, thus reducing the amount of initial commitments that Transferor and the other initial contributors have pending in trust hereunder; and 2of11 11212.03001/ MHED/ MISC -2/ 1154963v. 9 Item 10