Title
Consider recommendation from the Permits/Enforcement Committee to approve an application to convert base irrigation groundwater owned by Tierra Lytle LLC, that is in excess of the one acre-foot per acre of historically irrigated land.
Body
RECOMMENDED MOTION:
Move the board adopt a Final Order Granting Application to Convert Base Irrigation Groundwater in excess of the one acre-foot per acre of historically irrigated land for Initial Regular Permit No. P100-077(BE00042) submitted by Tierra Lytle 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 conversion of stacked base. 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 irrigated land, and the Application seeks to convert only the amount of base irrigation groundwater that is in excess of one acre-foot per acre of historically irrigated land (HIA).
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 conversion of stacked base presented for consideration.
P100-077 (BE00042) Tierra Lytle LLC
IRP No. P100-077 (BE00042), originally approved by the board on January 1, 2001, is currently permitted for 86.500 acre-feet of BIG withdrawal rights.
On March 11, 2019, the applicant filed an Application to Convert Base Irrigation Groundwater for IRP No. P100-077 (BE00042) with the EAA. The applicant requested to convert 57.255 acre-feet of BIG withdrawal rights to unrestricted irrigation groundwater withdrawal rights due to a base acre-foot amount in excess of one acre-foot per acre of HIA. EAA staff reviewed this application and determined that the BIG conversion application for 57.255 acre-feet meets the requirements of §711.342 of the EAA Rules. The HIA contains base irrigation groundwater in excess of one acre-foot per acre, and the conversion application seeks to convert only the amount of base irrigation groundwater that is in excess of one acre-foot per acre of HIA. The technical summary and map showing the place of use are attached to this item.
This Application is consistent with the temporary injunction issued in Uvalde County Underground Water Conservation Dist. V. Edwards Aquifer Auth., No. 2018-01-31972-CV.
At the April 23 meeting, the Permits/Enforcement Committee voted to recommend the board adopt a Final Order Granting Application to Convert Base Irrigation Groundwater in excess of the one acre-foot per acre of historically irrigated land for Initial Regular Permit No. P100-077(BE00042) to convert 57.255 acre-feet of BIG withdrawal rights to UIG withdrawal rights. The 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.