Title
Consider settlement counter-offer from the Army Retirement Residence Supporting Foundation, related to exceeding authorized groundwater withdrawals during 2025.
Body
STAFF RECOMMENDED MOTION:
The committee may recommend the board accept or reject the counter-offer as proposed or modified regarding the pending enforcement matter presented below.
Move the Permits/Enforcement Committee recommend the board accept/reject the settlement counter-offer as proposed from the Army Retirement Residence Supporting Foundation, related to exceeding authorized groundwater withdrawals during 2025.
SUMMARY:
The purpose of this agenda item is for the Permits/Enforcement Committee to consider a counter-offer from the permit holder listed below in response to an EAA settlement offer to resolve ongoing enforcement matters related to exceeding 2025 annual authorized withdrawal amounts. This enforcement matter and proposed counter-offer received from the permit holder is 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 consult with General Counsel on these matters.
Army Retirement Residence Supporting Foundation
The Army Retirement Residence Supporting Foundation was identified as exceeding annual authorized industrial groundwater withdrawal amounts during 2025 on Permit P104-892. This entity was permitted to withdraw 74.298 acre-feet but reported a total of 175.384 acre-feet withdrawn; thus exceeding their annual authorized amount by 101.086 acre-feet. The original settlement offered for this alleged violation was $42,456.12 but was adjusted based on the documentation provided for proof of system failures and repairs, and is now $25,271.50, consistent with the EAA settlement guidelines.
On August 21, 2026, Mr. James DeBorja, the Director of Facilities for the Army Retirement Residence Supporting Foundation, submitted a counter-offer to EAA staff acknowledging the alleged violation and explaining the property had experienced major leaks in their supply lines in 2024 and 2025, with major work completed in October of 2025, at a cost of $17,757.40. The counter-offer also notes the significant reduction in water usage since the repairs over the past 3 years with over 100 acre-feet of reduction per year, as confirmed through meter readings. Mr. DeBorja, on behalf of the Army Retirement Residence Supporting Foundation, requests that the EAA settlement offer to be incorporated into the expenses already incurred and accept the counter-offer settlement agreement of $10,000.00 to fully resolve the compliance matter.
The written settlement counter-offer is attached to this agenda item. Mr. James DeBorja agreed to virtually attend the September 22nd meeting to answer any questions the Committee 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.