Title
Consider settlement counter-offer from the Army Retirement Residence Supporting Foundation related to exceeding authorized groundwater withdrawals during 2024.
Body
STAFF RECOMMENDED MOTION:
The board may accept or reject the counter-offer as proposed or modified regarding the pending enforcement matters presented below.
SUMMARY:
The purpose of this agenda item is for the board to consider a counter-offer from the permit holder listed below in response to EAA settlement offers to resolve ongoing enforcement matters related to exceeding 2024 annual authorized withdrawal amounts. The enforcement matter and proposed counter-offer received from the permit holder are summarized herein for committee consideration. If in the course of discussion, the committee determines the need to do so, it may enter into closed session to discuss these matters.
Army Retirement Residence Supporting Foundation
The Army Retirement Residence Supporting Foundation was identified as exceeding annual authorized industrial groundwater withdrawal amounts during 2024 on Permit P104-892. This entity was permitted to withdraw 122.000 acre-feet; however, required CPM withdrawal interruptions established their annual authorized groundwater withdrawal amount at 77.592 acre-feet. The Army Retirement Residence Supporting Foundation reported a total of 121.948 acre-feet withdrawn; thus exceeding their annual authorized amount by 44.356 acre-feet. The settlement offered for this alleged violation is $13,340.60, consistent with the EAA settlement guidelines.
On August 14, 2025, Mr. James DeBorja, Director of Facilities, from the Army Retirement Residence Supporting Foundation, submitted a letter to EAA staff acknowledging the alleged violation and explaining that they had experienced unforeseen irrigation system failures, including mechanical and plumbing issues, which caused the overpumping. The letter states that the repair costs to address these failures exceeded $37,000 and included invoices for repairs throughout 2024. The letter also explains that the Army Retirement Residence Supporting Foundation has already initiated system upgrades, including automated leak detection and variable frequency drive pumps, to help prevent future issues and ensure compliance. Mr. DeBorja requests that the EAA settlement offer be incorporated into the expenses already incurred and accept the counter-offer settlement agreement of $4,000.00 (reflective of the Aquifer Management fees on the amount overpumped) to fully resolve the compliance matter.
The written settlement counter-offer is attached to this agenda item.
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/Recharge Zone Protection Fund. This revenue is used solely to fund projects expressly conservation intitiatives associated with the Edwards Aquifer. No revenue derived from compliance settlements is used to fund operating expenses or capital purchases of the EAA.