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Res 1994-166
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Res 1994-166
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Resolutions
Number
1994-166
Date
11/14/1994
Volume Book
117
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<br />38 <br /> <br />RESOLUTION 1994- 166 R <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS, EXPRESSING THE CITY'S POSITION ON THE <br />"EDWARDS AQUIFER INTERLOCAL CONTRACT" BETWEEN THE <br />EDWARDS UNDERGROUND WATER DISTRICT, THE MEDINA <br />COUNTY UNDERGROUND WATER CONSERVATION DISTRICT <br />AND THE UVALDE COUNTY UNDERGROUND WATER <br />CONSERVATION DISTRICT; AND DECLARING AN EFFECTIVE <br />DATE. . <br /> <br />RECITALS: <br /> <br />1. On October 10, 1994, after months of secret negotiations without progress <br />reports, public hearings or any form of public information or participation, officials of the <br />Edwards Underground Water District (EUWD), Medina County Underground Water <br />Conservation District (MCUWCD), and Uvalde County Underground Water Conservation <br />District (UCUWCD) announced, approved and executed an "Edwards Aquifer Interlocal <br />Contract" (Contract) purportedly designed to "achieve sound, equitable, and regional <br />management of the Edwards Aquifer", <br /> <br />2. The City Council has previously expressed its position on management concepts <br />for the Edwards Aquifer in Resolution 1993-33R, including the following: <br /> <br />. <br />(a) The Edwards Aquifer must be managed as a unique natural resource, <br />separated from existing state-wide groundwater law. <br /> <br />(c) Until water conservation and reuse measures, alternative water supplies, <br />recharge enhancement measures and other realistic means of reducing <br />the overdrafting of the Edwards Aquifer are implemented, the <br />establishment of restrictions on withdrawal of water from the Aquifer is the <br />only realistic means of maintaining natural springflow at the San Marcos <br />and Comal Springs. <br /> <br />(d) The establishment of county-based water conservation districts over the <br />Edwards Aquifer region without withdrawal restrictions established and <br />enforced on a region-wide basis will not meet downstream needs along <br />the San Marcos and Guadalupe Rivers. <br /> <br />(e) A regional management agency for the Edwards Aquifer should be <br />established, to include a balance of representation on the governing body <br />between agricultural irrigators, municipal and industrial users, and the <br />spring communities and downstream interests along the San Marcos and <br />Guadalupe Rivers. <br /> <br />(f) The establishment of a regional management agency for the Edwards <br />Aquifer would facilitate the issuance of an "incidental take permit" by the <br />U.S. Fish and Wildlife Service regarding pumpage from the Aquifer, <br />allowing greater flexibility in managing the Aquifer and insulating federal <br />activities and individual pumpers from liability under the Endangered <br />Species Act when Coma I springflows are low. <br /> <br />3. The City Council wishes to express its position on the Contract. <br /> <br />NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS. TEXAS: <br /> <br />PART 1. The City Council disagrees with the secret nature of the process used by <br />the EUWD, MCUWCD and UCUWCD to formulate the Contract. <br /> <br />PART 2. The Contract fails to meet any of the management concepts described in <br />Recital NO.2 above, meaning that the Contract will fall short of serving as the basis for the <br />issuance of an "incidental take" permit under Section 10(a) of the Endangered Species Act. <br /> <br />PART 3, Rather than outlining an effective management plan for the Aquifer, the <br />Contract is a fragmented, uncoordinated plan that says nothing about how the <br />
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