Title
Receive report from EAA staff related to metered and unpermitted withdrawals from the Edwards Aquifer and consider further enforcement action on a well owner who has failed to resolve unauthorized groundwater withdrawals, thus resulting in a violation of EAA rules.
Body
STAFF RECOMMENDED MOTION:
Move the board refer the matter related to Bohdi Partners, LLC, to general counsel to initiate formal enforcement actions, including taking action in district court.
SUMMARY
The purpose of this agenda item is for the board to receive a report from EAA staff regarding Edwards Aquifer well owners who make metered groundwater withdrawals from the Aquifer without first obtaining a groundwater withdrawal permit. EAA staff will discuss how well owners come into this situation, how their unpermitted groundwater withdrawals are resolved each year, and possible further enforcement on those well owners who fail to resolve their unauthorized groundwater withdrawals.
Background
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 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 (see § 711.224 (a)).
Edwards Aquifer well owners making non-exempt withdrawals from the Aquifer are required to maintain a meter on their well, and should obtain, by sale or lease, sufficient groundwater rights to meet annual needs. Such rights are required to be in place by the annual filing deadline of January 31 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 the property and well are sold to a new owner and the rights are retained by the seller, when a limite...
Click here for full text