Title
Consider recommendation from the Permits/Enforcement Committee regarding a settlement counter-offer from James Thomas Neutze related to exceeding authorized groundwater withdrawals during 2015.
Body
RECOMMENDED MOTION:
Move the board accept the counter offer from James Thomas Neutze regarding the pending enforcement matter presented below.
SUMMARY:
The purpose of this agenda item is for the board to consider a Permits/Enforcement Committee recommendation to accept the counter-offer from James Thomas Nuetze in response to an EAA settlement offer to resolve an enforcement matter related to exceeding 2015 annual authorized withdrawal amounts. This enforcement matter and proposed counter-offer received from the permit holder are summarized herein for committee consideration.
James Thomas Neutze
James Thomas Neutze, was identified as exceeding annual authorized irrigation groundwater withdrawal amounts during 2015 on Permit P101-659. Mr. Neutze was permitted to withdraw 30.000 acre-feet; however, required CPM withdrawal interruptions established his annual authorized groundwater withdrawal amount at 23.880 acre-feet. Mr. Neutze reported a total of 29.952 acre-feet withdrawn; thus exceeding his annual authorized amount by 6.072 acre-feet. The settlement offered for this alleged violation is $3,289.81, consistent with the EAA settlement guidelines.
On June 10, 2016, Mr. Neutze submitted a letter to the EAA acknowledging the alleged violation and expressing the desire to present a counter-offer to the EAA settlement. Since this is the first time Mr. Neutze has over-pumped any of his permits, he requests that he be allowed to pay $200.00, attend an EAA Well-owner's Workshop ($1,000 credit toward deferred amount) and be allowed to defer the remaining balance ($2,089.81) pending no over-pumping though the end of 2017. Mr. Neutze's letter and a more detailed enforcement summary of this violation are attached to this item.
At the June 28 meeting, the Permits/Enforcement Committee voted to recommend the board accept the counter-offer from James Thomas Neutze.
M/WBE PARTICIPATION:
This agenda item does not involve the procurement of goods or services by the EAA and, therefore, this section is not applicable.
STRATEGIC PLAN REFERENCE:
This agenda item does not relate to a specific goal or action step within the Strategic Plan, but supports the general EAA mission.
FISCAL IMPACT:
Revenue received through compliance settlements is dedicated to the Endangered Species Mitigation Fund. This revenue is used solely to fund projects expressly devoted to the protection and benefit of the endangered species associated with the Edwards Aquifer. No revenue derived from compliance settlements is used to fund operating expenses or capital purchases of the EAA.