Title
Consider settlement counter-offers from Archbishop of San Antonio - St. John Neumann Roman Catholic Church and A&S Ranch, Ltd., related to exceeding authorized groundwater withdrawals during 2025.
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STAFF RECOMMENDED MOTION:
The board may accept, reject, or propose a modification to the counter-offers as proposed regarding the pending enforcement matters presented below.
Move the board accept/reject the settlement counter-offer as proposed from Archbishop of San Antonio - St. John Neumann Roman Catholic Church and A&S Ranch, Ltd., related to exceeding authorized groundwater withdrawals during 2025.
SUMMARY:
The purpose of this agenda item is for the board to consider counter-offers from the permit holders listed below in response to an EAA settlement offer to resolve ongoing enforcement matters related to exceeding 2025 annual authorized withdrawal amounts. These enforcement matters and proposed counter-offers received from the permit holders are summarized herein for committee consideration. If in the course of discussion, the board determines the need to do so, it may enter into closed session to consult with General Counsel on these matters.
Archbishop of San Antonio - St. John Neumann Roman Catholic Church
Archbishop of San Antonio - St. John Neumann Roman Catholic Church was identified as exceeding annual authorized municipal groundwater withdrawal amounts during 2025 on Permit P101-070. This entity was permitted to withdraw 1.000 acre-feet but reported a total of 2.015 acre-feet withdrawn; thus exceeding their annual authorized amount by 1.015 acre-feet. The original settlement offered for this alleged violation was $406.00 but was adjusted based on the documentation provided for proof of system failures and repairs, and is now $253.75, consistent with the EAA settlement guidelines.
On July 21, 2026, Ms. Blanca Rocha, an administrator from the Church, submitted an email to EAA staff acknowledging the alleged violation and explaining that they had experienced a major leak in October of 2025, caused by broken pipes in the supply line, from overheating caused by debris blocking flow in the system. The letter states that the repair costs to address these failures were $875.00 (proposal of work and proof of payment provided). Ms. Rocha requests that the EAA settlement offer be incorporated into the expenses already incurred and that this compliance matter be fully resolved.
The written settlement counter-offer is attached to this agenda item. Ms. Blanca Rocha agreed to virtually attend the September 8 meeting to answer any questions the Board may have related to this counter-offer.
A&S Ranch, Ltd.
A&S Ranch, Ltd. was identified as exceeding annual authorized irrigation groundwater withdrawal amounts during 2025 on Permit P101-675. This entity was permitted to withdraw 286.000 acre-feet; however, required CPM withdrawal interruptions established their annual authorized groundwater withdrawal amount at 160.160 acre-feet. A&S Ranch, Ltd. reported a total of 201.681 acre-feet withdrawn; thus exceeding their annual authorized amount by 41.521 acre-feet. The original settlement offered for this alleged violation was $16,608.40 but was adjusted based on the documentation provided for proof of system failures and repairs, and is now $10,380.25, consistent with the EAA settlement guidelines.
On June 11, 2026, Mr. Allyn L. Archer, owner of A&S Ranch, Ltd., submitted a counter-offer to EAA staff acknowledging the alleged violation and explaining the property had experienced three (3) major leaks in an underground 10” pivot supply line between two pivots that was discovered in late November 2025. They repaired the leaks at a cost of $5,352.85 for services provided by Baker Irrigation (invoice provided) and with additional labor and equipment provided by A&S Ranch, Ltd. valued at $5,000. The counter-offer also notes the difficulty of identifying leaks with these underground supply lines and the relaxed monthly manual readings taken due to the AMR system later in the year as contributing factors to not identifying the leaks sooner. Mr. Archer notes the partnerships that A&S Ranch, Ltd. and the EAA have in regards to the water rights enrolled with the VISPO Program and requests that the EAA settlement offer to be incorporated into the expenses already incurred and accept the counter-offer settlement agreement of $5,000.00 to fully resolve the compliance matter.
The written settlement counter-offer is attached to this agenda item. A&S Ranch, Ltd. staff agreed to virtually attend the September 8 meeting to answer any questions the Board may have related to this counter-offer.
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:
Any revenue received through compliance settlements/counter-offers is dedicated to the Conservation/Aquifer Protection 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.
FISCAL IMPACT:
None.