Title
Consider recommendation from the Permits/Enforcement Committee to approve a conversion of base irrigation groundwater owned by Frank and Emma Persyn Family Limited Partnership, based on a change in land use.
Body
RECOMMENDED MOTION:
Move the board adopt a Final Order Granting Application to Convert Base Irrigation Groundwater for Initial Regular Permit No. P100-397 (BE00158) based on a change in land use submitted by Frank and Emma Persyn Family Limited Partnership.
SUMMARY:
The purpose of this agenda item is for the board to consider a Permits/Enforcement Committee recommendation to approve an Application to Convert Base Irrigation Groundwater to unrestricted irrigation groundwater 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 two 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, either sufficient physical development of the land or evidence that the land is, re-zoned such that it can no longer be used for agricultural purposes, is owned by an entity with the power of condemnation or eminent domain and is used for that entity's legal purposes, 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 BIG withdrawal rights conversion application. In the application presented for consideration, these requirements have been met. Following is a summary of the BIG conversion application based on a change in land use presented in the table above for consideration.
P100-397 (BE00158) Frank and Emma Persyn Family Limited Partnership
IRP No. P100-397 (BE00158), originally approved by the board on November 12, 2002, is currently permitted for 79.079 acre-feet of BIG withdrawal rights.
On March 1, 2018, the applicant filed an Application to Convert Base Irrigation Groundwater for IRP No. P100-397 (BE00158) with the EAA. The applicant requested to convert 34.079 acre-feet of BIG withdrawal rights to UIG withdrawal rights due to a change in land use. EAA staff reviewed this application and determined that the BIG conversion application for 34.079 acre-feet meets the requirements of §711.342 of the EAA Rules. The historically irrigated land that is the subject of the application is no longer practicable to farm as follows: due to the surrounding development, continued agricultural activities on the land have the potential to compromise the health and safety of a farm operator or the general public occupying or residing on adjacent properties; and surrounding development substantially impairs any continued agricultural activities on the land that is the subject of the application. The technical summary and map showing the place of use, are attached to this item.
At the April 24 meeting, the Permits/Enforcement committee voted to recommend the board adopt a Final Order granting the Application to Convert Base Irrigation Groundwater for (IRP) Permit No. P100-397 (BE00158) to convert 34.079 acre-feet of BIG withdrawal rights to UIG withdrawal rights. A draft Final Order prepared 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.