Title
Consider recommendation from EAA staff to partially approve an application to convert base irrigation groundwater owned by Michael S. Hackebeil and Rebecca M. Hackebeil based on a change in land use.
Body
STAFF RECOMMENDED MOTION:
Move the board adopt a Final Order Granting, in part, Application to Convert Base Irrigation Groundwater for Regular Permit No. P109-090 (ME00349) based on a change in land use submitted by Michael S. Hackebeil and Rebecca M. Hackebeil.
SUMMARY:
The purpose of this agenda item is for the board to consider an EAA staff recommendation to approve an Application to Convert Base Irrigation Groundwater to Unrestricted Irrigation Groundwater (Application) 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 (UIG) withdrawal rights if certain conditions are met under the following 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, that the land has become developed, or is no longer practicable to farm.
The IRP 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 information contained within the Application. In the Application presented for consideration, these requirements have been met. The following is a summary of the Application presented for consideration.
P109-090 (ME00349) Michael S. Hackebeil and Rebecca M. Hackebeil
Permit No. P109-090 (ME00349), originally approved by the board on October 1, 2019, is currently permitted for 127.817 acre-feet of BIG withdrawal rights.
On April 1, 2020, the Applicant filed an Application to Convert Base Irrigation Groundwater for Permit No. P109-090 (ME00349) with the EAA. The Applicant requested to convert 127.817 acre-feet of BIG withdrawal rights to unrestricted irrigation groundwater withdrawal rights due to a change in land use. EAA staff reviewed this application and determined that the BIG conversion application for 127.817 acre-feet meets the requirements of §711.342 of the EAA Rules. A portion of the historically irrigated land has been developed. In addition, an undeveloped portion of the land cannot be developed due to its location within a floodplain and is eligible to be considered as developed. However, a small portion of the land requested in the Application to be eligible for conversion is neither developed nor located within the floodplain; therefore, the General Manger is recommending partial approval of the application. The technical summary and a map showing the place of use are attached to this item for the board's reference.
Staff recommends the board adopt a Final Order Granting the Application to Convert Base Irrigation Groundwater, in part, for Permit No. P109-090 (ME00349), to convert 104.823 acre-feet of BIG withdrawal rights to UIG withdrawal rights. The Final Order reviewed by General Counsel is also 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