Title
Consider EAA staff recommendation to approve a conversion of base irrigation groundwater owned by Steve Cargil.
Body
STAFF RECOMMENDED MOTION:
Move the Permits/Enforcement Committee recommend the board adopt a Final Order Granting Application to Convert Base Irrigation Groundwater to Unrestricted Irrigation Groundwater based on changes in land use submitted by Steve Cargil.
SUMMARY:
The purpose of this agenda item is for the Permits/Enforcement Committee to consider an EAA staff recommendation to adopt a Final Order of the Edwards Aquifer Authority Board of Directors approving an Application to Convert Base Irrigation Groundwater to unrestricted irrigation groundwater based on a change in land use. Generally, irrigation Initial Regular Permit (IRP) holders cannot permanently change the place of use or the purpose of use for base irrigation groundwater (BIG) withdrawal rights. However, §711.342 of the EAA Rules allows IRP holders to convert BIG withdrawal rights to unrestricted irrigation groundwater withdrawal rights if certain conditions are met under the following two scenarios:
Water Conservation: IRP holders must submit an application that demonstrates the conservation of water after the installation of water conservation equipment, or
Change in Land Use: IRP holders must submit an application to the EAA consistent with §711.342 of the Edwards Aquifer Authority Rules, demonstrating, among other things, either sufficient physical development of all or a portion of the land, or evidence the land is no longer practicable to farm.
The regular permit holder applying to convert BIG withdrawal rights must also provide supporting documentation. In addition to the information provided by the applicant, EAA staff reviews county records and performs a site inspection to verify the BIG withdrawal rights conversion application. In the application presented for consideration, these requirements have been met. Following is a summary of the BIG conversion application based on a change in land use presented in the table above for consideration.
P101-687 (UV00436) Steve Cargil
IRP No. P101-687 (UV00436), originally approved by the board on March 15, 2001, is currently permitted for 345.633 acre-feet of BIG withdrawal rights.
On February 15, 2024, the applicant filed an Application to Convert Base Irrigation Groundwater for IRP No. P101-687 (UV00436) with the EAA. The Applicant requested to convert 345.633 acre-feet of BIG withdrawal rights to unrestricted irrigation groundwater (UIG) withdrawal rights. The Applicant sought the conversion of 291.231 acre-feet of BIG withdrawal rights to UIG withdrawal rights due to a change in land use based on physical development. EAA staff reviewed this application and determined that 291.231 acre-feet BIG meet the requirements of §711.342 of the EAA Rules and that a regular permit should be issued to the Applicant after converting the 291.231 acre-feet of BIG. The historically irrigated land that is the subject of the Application has been physically developed such that it meets the characteristics of the development or is located in a flood plain.
Additionally, the Applicant provided documentation demonstrating that, because of the development activities associated with the solar farm, agricultural activities performed on the remaining histrocially irrigated land (HIL) associated with the remaining 54.402 acre-feet of BIG have the potential to compromise the health and safety of operators or of persons occupying or residing on property on or in close proximity to the operations of the solar farm in accordance with EAA Rules § 711.342(c)(6)(B). However, the Applicant could not demonstrate that the HIL associated with the 54.402 acre-feet of base had not been irrigated for more than five years. Therefore, the General Manager concluded that the granting of the request that the 54.402 acre-feet of BIG be converted to UIG withdrawal rights because the associated HIA is no longer practicable to farm should be conditional and that a regular permit be issued to the Applicant after converting 54.402 acre-feet of BIG to UIG, but that the issuance of such a permit shall not occur until the Applicant has demonstrated that a full five years of no irrigation has occurred on the associated HIL in accordance with EAA Rules § 711.342(a)(3)(a). The justification for the conditional approval of the conversion of the 54.402 acre-feet of BIG to UIG is that irrigation of the HIA is certain to not occur due to prohibitions on farming activities contained in the long-term land lease associated with the solar farm activities. Therefore, compliance with EAA Rule § 711.342(a)(3)(a) is certain to occur prior to conversion and prior to the issuance of a permit for the 54.402 acre-feet of groundwater withdrawal rights.
The technical summary and map showing the place of use are attached to this item.
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:
None.