Title
Consider recommendation from the Permits/Enforcement Committee to approve Proposed Rules regarding conversion of base irrigation groundwater.
Body
RECOMMENDED MOTION:
Move the board approve Proposed Rules regarding conversion of base irrigation groundwater.
SUMMARY:
The purpose of this agenda item is for the board to consider a Permits/Enforcement Committee recommendation to approve Proposed Rules regarding the conversion of base irrigation groundwater ("BIG") to Unrestricted Irrigation Groundwater. These Proposed Rules pertain to BIG conversions based on changes in land use and other property-related limitations.
Currently, under Section 711.342 of the EAA's rules, conversion applications can be approved if the applicant can show a change in land use has occurred whereby 75% of the land that is the subject of the application meets the characteristics of new development. In the alternative, such an application may be approved if the applicant demonstrates that the historically irrigated land is no longer practicable to farm. To provide such a showing, the historically irrigated land cannot have been irrigated for five or more years, and the applicant must meet two or more of the following limitations:
1. The land is located within a city’s corporate limits or the city’s extraterritorial jurisdiction;
2. The land is sufficiently boarded by development; and
3. The land has been re-zoned such that it can no longer be used for agricultural purposes.
Under the Proposed Rules, the applicant would be able to convert base irrigation groundwater based on a change in land through four scenarios:
1. The historically irrigated land has been physically developed such that at leasr 75% of the land meets the characteristics of development;
2. The historically irrigated land has been re-zoned such that is can no longer be used for agriculutral purposes;
3. The historically land has been acquired by an entity with the power of condemnation or eminent domai...
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