Title
Receive report and consider EAA staff recommendation to authorize the General Manager to refer to General Counsel alleged violations of EAA rules and authorize General Counsel to file a civil suit, if necessary, against Bryce T. Tearney.
Body
STAFF RECOMMENDED MOTION:
Move the Permits/Enforcement Committee recommend the board authorize the General Manager to refer to General Counsel the alleged violations of EAA rules and authorize General Counsel to file a civil suit, if necessary, against Bryce T. Tearney.
SUMMARY:
EAA rules state that a person desiring to withdraw groundwater from the Aquifer (for non-exempt withdrawals) is required to obtain a groundwater withdrawal permit from the Authority before commencing the withdrawals (see § 711.12) and that a person may not withdraw groundwater from the Aquifer unless authorized by a groundwater withdrawal permit issued by the Authority (see § 711.224 (a)).
An Edwards Aquifer well owner making non-exempt withdrawals from the Aquifer is required to maintain a meter on their well, and should obtain, by sale or lease, sufficient groundwater rights to meet annual needs, and have these rights in place by the annual filing deadline of January 31st to reconcile pumping for the previous calendar year.
There are circumstances where well owners have metered their wells, but have not obtained any permitted rights, or failed to maintain leased rights on their wells. These situations most commonly occur when: (1) the property and well are sold to a new owner and the rights are retained by the seller; (2) when a limited production well (LPW) loses it’s LPW status due to repeated instances of over-pumping; or when a well owner no longer maintains a lease of withdrawal rights.
EAA staff has identified an Edwards Aquifer well owner who has so far failed to resolve their unpermitted withdrawals for 2023 and have been unresponsive to EAA compliance outreach efforts. The following is a more detailed explanation of these...
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