Title
Consider recommendation from the Permits/Enforcement Committee to approve an application to convert base irrigation groundwater owned by Schertz 312, LLC, 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 Regular Permit No. P100-705 (CO00118) based on a change in land use submitted by Schertz 312, LLC.
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 three 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.
Stacked Base Irrigation Rights: IRP holders must submit an application that demonstrates that an initial regular permit was originally issued by the EAA to the Applicant that contains base irrigation groundwater at an amount in excess of one acre-foot per acre of historically irrig...
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