Title
Consider EAA staff recommendation to conditionally rescind limited production well status for wells owned by Cayenne Creations LLC and Texas State Theta Lamda Housing Corporation, based on the owners' inability to meet annual groundwater withdrawal limits.
Body
STAFF RECOMMENDED MOTION:
Move the Permits/Enforcement Committee recommend the Board adopt an Order Conditionally Rescinding Limited Production Well Status for well W107-747 owned by Cayenne Creations LLC and for well W104-445 owned by Texas State Theta Lamda Housing Corporation.
SUMMARY:
The purpose of this agenda item is for the Permits/Enforcement Committee to consider an EAA staff recommendation to adopt an Order Conditionally Rescinding Limited Production Well Status for two limited production well owners due to an inability to meet annual groundwater withdrawal limits.
Following the passage of Senate Bill 1241 during the 2013 Regular Session of the Texas Legislature, the EAA adopted new rules creating a new category of exempt well called a Limited Production Well (LPW). To be recognized as an LPW, a well owner must: (1) have an Edwards Aquifer well that was drilled prior to June 1, 2013; (2) amend their well registration; (3) have a registered meter on the well; (4) submit annual use reports at the end of each calendar year documenting that no more than 1.4 acre-feet of groundwater was withdrawn; and (5) pay a yearly $25 administration fee. Therefore, owners of LPWs may make withdrawals of up to 1.4 acre-feet of groundwater per year without the need for an EAA groundwater withdrawal permit.
In the event an annual use report indicates an LPW owner withdrew more than 1.4 acre-feet of groundwater, for the first occurrence, EAA staff provides written notification to the well owner that their inability to consistently remain below the annual withdrawal limit for an LPW may result in the loss of LPW status for the well. At any time in the future, if the owner exceeds withdrawals for a secon...
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