Edwards Aquifer Authority - File #: AI 13-2277

• File #: AI 13-2277
• Version: 2
• Name: Uvlade Legacy VISPO ASR Rescind
• Type: Action Item
• Status: Reported from Committee
• File created: 11/26/2019
• In control: Board of Directors
• On agenda: 12/10/2019
• Final action: 12/10/2019
• Title: Consider recommendation from the Executive Committee to 1) rescind a VISPO forbearance agreement with LEC Legacy, Ltd. (P102-099); 2) enter into a VISPO forbearance agreement with the City of Uvalde (P101-740); and 3) enter into two ASR springflow protection forbearance agreements with LEC Legacy, Ltd. (P102-099 and P102-098), all in support of the Edwards Aquifer Habitat Conservation Plan.

Date	Ver.	Action By	Action	Result
12/3/2019	1	Executive Committee

Title
Consider recommendation from the Executive Committee to 1) rescind a VISPO forbearance agreement with LEC Legacy, Ltd. (P102-099); 2) enter into a VISPO forbearance agreement with the City of Uvalde (P101-740); and 3) enter into two ASR springflow protection forbearance agreements with LEC Legacy, Ltd. (P102-099 and P102-098), all in support of the Edwards Aquifer Habitat Conservation Plan.

Body
RECOMMENDED MOTION:

Move the board: (1) rescind a VISPO forbearance agreement with LEC Legacy, Ltd. (P102-099); (2) adopt Resolution and Order No. 12-19-954 of the Edwards Aquifer Authority Board of Directors to approve a VISPO forbearance agreement with the City of Uvalde (P101-740); and (3) adopt Resolution and Order No. 12-19-955 of the Edwards Aquifer Authority Board of Directors to approve two ASR springflow protection forbearance agreements with LEC Legacy, Ltd. (P102-099 and P102-098), all in support of the Edwards Aquifer Habitat Conservation Plan, and authorize the General Manger to execute the rescission and the subsequent agreements.


SUMMARY:

The purpose of this agenda item is for the board to consider an Executive Committee recommendation to approve four transactions in furtherance of springflow protection measures. The four related transactions necessitate a rescission in order to be fully implemented. The forbearance agreements, the rescission, and the associated resolution and orders are attached to this summary for the board's reference. In brief, LEC Legacy, Ltd., owns a permit enrolled in the EAA's VISPO program. The City of Uvalde has agreed to take over LEC Legacy’s VISPO agreement, allowing LEC Legacy to enroll more groundwater into the ASR forbearance program.

Attached to this summary are the recission of VISPO forbearance agreement with LEC Legacy, Ltd.; the VISPO forbearance agreement with the City of Uvalde; two ASR springflow protection forbearance agreements with LEC Legacy, Ltd.; and resolutions related to the VISPO and ASR agr...