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<br />5/1/90 <br />Edwards Aquifer Issues: A San Marcos View <br /> <br /> <br />I . What's at stake for the San Marcos community <br />as a result of severe drought conditions or over- <br />pwnpage of the aquifer: <br /> <br />A. Loss of San Marcos springs. <br /> <br />B. Loss of San Marcos River. <br /> <br />C. Salt water intrusion in city water supply. <br /> <br />E. Extinction of several endangered or threatened <br />species. <br /> <br />F. Detrimental economic impact/ quality of life. <br /> <br />G. The Comal and San Marcos springs are essential <br />resources of the State of Texas as the largest and <br />two of the last remaining natural artesian springs <br />in Texas. As a state resource, the springs should <br />be preserved through state regulation, either <br />through the Texas Water Commission or Parks & <br />Wildlife. San Marcos springs provide the base <br />flow of the Guadalupe River basin during drought <br />and are essential to downstream water use and the <br />quality of the coastal bays and estuaries. <br /> <br /> <br />I I. Legal Issues: <br /> <br />A. Is Edwards Aquifer water public or private? <br /> <br />1. Private Water: Rule of Capture or Absolute <br />Ownership Doctrine is a legal concept which holds <br />that groundwater is the property of the owner of <br />the surface land and each owner has the right to <br />"capture" water for his use (without waste or <br />"malicious" harm to his neighbor). Underground <br />water is therefore "private" water and has not been <br />subject to state regulation. With legislative <br />action, limited regulation could be placed on <br />private rights. <br /> <br />2. State water: In its lawsuit filed in 1989, <br />GBRA contends that the Edwards aquifer,.. San Antonio <br />region, is an "underground stream".since it has the <br />same characteristics as a surface waterway: <br />source, destination, defined boundaries, current, <br />