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Consider recommendation from EAA staff to approve ASR springflow protection program forbearance agreements with Texas By Anderson Family Properties, LP, Wanda Sue Smith, Marion Fey, Lisa W. Morgan and James H. Morgan, and Gilbert and Eloisa F. Barrera, and Daughter, Maribel Barrera for the Aquifer Storage and Recovery Forbearance Program, in support of the Edwards Aquifer Habitat Conservation Plan, in the total amount of $669,836.70.
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RECOMMENDED MOTION:
Move the board adopt Resolution and Order No. 06-19-936 of the Edwards Aquifer Authority Board of Directors to approve springflow protection program forbearance agreements with the permit holders listed below, to the EAA for the Aquifer Storage and Recovery Program in support of the Edwards Aquifer Habitat Conservation Plan and authorize the General Manager to execute the agreements.
SUMMARY:
The purpose of this agenda item is for the board to consider an EAA staff recommendation to approve springflow protection program forbearance agreements for the Aquifer Storage and Recovery (ASR) Program in support of the Edwards Aquifer Habitat Conservation Plan (EAHCP). The EAHCP includes several measures intended to minimize and mitigate the impact of the use of Edwards groundwater on federally-listed threatened and endangered species associated with the Edwards Aquifer. A significant component of the EAHCP is the use of the ASR Project of the San Antonio Water System as a long-term conservation measure to: (1) offset SAWS pumping from the Edwards Aquifer; and (2) help maintain minimum spring flow at Comal and San Marcos Springs. Through this partnership effort, the EAA has been tasked with acquiring 50,000 acre-feet of permitted Edwards Aquifer groundwater rights through leases and forbearance agreements. Leased groundwater rights will be stored in the Twin Oaks ASR Project of the San Antonio Water System until filling of the ASR Project reaches completion. Once filling is complete, the water associated with both the leases and agreements will be left unpumped during a repeat of drought of record conditions (when the 10-year annual recharge average falls below 500,000 acre-feet).
EAA staff has secured forbearance agreements of groundwater rights in the amount of 744.263 acre-feet from the permit holders listed below. EAA staff has completed its technical review of the forbearance agreement documents and has confirmed their accuracy.
Permit: P101-212
Permit Holder: Texas By Anderson Family Properties, LP
Amount: 678.580 acre-feet
Term: 9 years
Effective: 2020
Annual Cost: $67,858.00
Total Cost: $610,722.00
Permit: P108-864
Permit Holder: Wanda Sue Smith
Amount: 50.000 acre-feet
Term: 9 years
Effective: 2020
Annual Cost: $5,000.00
Total Cost: $45,000.00
Permit: P108-240
Permit Holder: Marion Fey
Amount: 8.683 acre-feet
Term: 9 years
Effective: 2020
Annual Cost: $868.30
Total Cost: $7,814.70
Permit: P105-108
Permit Holder: Lisa W. Morgan and James H. Morgan
Amount: 5.000 acre-feet
Term: 9 years
Effective: 2020
Annual Cost: $500
Total Cost: $4,500.00
Permit: P104-118
Permit Holder: Gilbert and Eloisa F. Barrera, and Daughter, Maribel Barrera
Amount: 1.000 acre-feet
Term: 9 years
Effective: 2020
Annual Cost: $100.00
Total Cost: $900.00
Permit: P103-971
Permit Holder: Gilbert and Eloisa F. Barrera, and Daughter, Maribel Barrera
Amount: 1.000 acre-feet
Term: 9 years
Effective: 2020
Annual Cost: $100.00
Total Cost: $900.00
Attached is the ASR Program Springflow Protection Program Forbearance Agreement template and Resolution and Order No. 06-19-936, which have both been reviewed by legal counsel.
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 supports the EAA's policy direction as set forth in the EAA 2016-20 Strategic Plan: Goal A. Sustain Federally Protected Aquifer-Dependent Species.
Acquisition of 50,000 acre-feet of water for the ASR program is required of the Edwards Aquifer Authority to maintain compliance with the Incidental Take Permit issued by USFWS on March 18, 2013. Specifically, this item is related to the obligations of Section 5.5.1 of the Edwards Aquifer Habitat Conservation Plan.
FISCAL IMPACT:
Funding in the amount of $74,426.30 associated with the listed forbearance agreements will be included in the 2020 EAHCP budget. The total cost of all leases, forbearance agreements and operations and maintenance under this program in 2020 is estimated to be $6,299,873.