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I I I RESOLUTION NO. 2007- 39R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS TEXAS, SUPPORTING THE EFFORTS OF THE GUADALUPE BASIN COALITION IN SUPPORTING CHANGES TO THE EDWARDS AQUIFER ACT THAT WOULD ENCOURAGE PROTECTION OF SPRING FLOWS AND LIMITATIONS ON PUMPING IN TIMES OF DROUGHT; AND OTHERWISE SUPPORTING MEASURES TO PROTECT THE EDWARDS AQUIFER AND SPRING FLOWS. RECIT ALS: 1. In 1993 the Texas Legislature enacted the Edwards Aquifer Authority Act (EAA Act) as Senate Bill 1477, recognizing the fact that the Edwards Aquifer and the Guadalupe River basin comprise a unified hydrologic system. The Legislature further recognized that increasing withdrawals from the Edwards Aquifer have the direct effect of decreasing the flows at the two largest Texas spring systems: Comal Springs in New Braunfels and San Marcos Springs in San Marcos. This decrease in spring flow also has the corresponding effect of decreased flows in the Guadalupe River basin. 2. The EAA Act set limits on permitted pumping from the aquifer (450,000 acre- feeUyear, decreasing to 400,00 as of January 1, 2008), but the Edwards Aquifer Authority (EAA), consonant with other sections of the EAA Act, issued permits that total approximately 549,000 acre-feeUyear. 3. The EAA's Board of Directors has proposed the submission of legislation encompassing a four element plan (EAA Plan) that would amend the EAA Act as follows: A. Increase the limit on authorized annual withdrawals from the Aquifer from the present cap of 450,000 acre-feet to the sum of the initial regular permits (approximately 549,000 acre-feet), and eliminate the scheduled reduction to 400,000 acre-feet; B. Define critical period reduction parameters in the EAA Act rather than by rules adopted by the EAA Board. A limit on permitted withdrawals to an annual rate of 340,000 acre-feet per year would apply "when all of the pools of the Aquifer are at the most severe critical period levels;" C. Provide that any reductions in permits would be paid for 50% by downstream water rights holders in the Guadalupe River Basin and 50% by the EAA (with all EAA permit holders contributi8ng proportionally to the cost); and, D. Allow for the EAA to build recharge features and issue bonds.