File #: AI 13-2281    Version: 1 Name: Rescind Temporary Moratorium
Type: Action Item Status: Passed
File created: 11/27/2019 In control: Board of Directors
On agenda: 12/10/2019 Final action: 12/10/2019
Title: Consider recommendation from EAA staff to rescind the temporary moratorium on the filing and processing of applications to convert base irrigation groundwater pursuant to sections 711.342(6) or (7) of the EAA rules.
Attachments: 1. Order Rescinding Moratorium BIG Conversions Change in Land Use 12-10-19

Title

Consider recommendation from EAA staff to rescind the temporary moratorium on the filing and processing of applications to convert base irrigation groundwater pursuant to sections 711.342(6) or (7) of the EAA rules.

 

Body

STAFF RECOMMENDED MOTION:

 

Move the board approve an order rescinding the order issuing a temporary moratorium on the filing and processing of applications to convert Base Irrigation Groundwater pursuant to Sections  711.342(6) or (7) of the EAA rules.

 

 

SUMMARY:

 

On August 13, 2019, the board issued a moratorium temporarily suspending the filing and processing of applications to convert Base Irrigation Groundwater ("BIG") to Unrestricted Irrigation Groundwater ("UIG") based on land use changes pursuant to Sections 711.342(6) or (7)(B) to provide time for the EAA to amend the EAA's rules consistent with the amendments recently made to the EAA Act through the passage of HB 3656 by the 86th Regular Session of the Texas Legislature, and to avoid the situation in which new BIG conversion applications based on land use chages or stacked BIG are filed prior to fully implementing the rule amendments.  It was intended that the moratorium would only be in place for the time it takes to make necessary changes to the current rules.  Since, the necessary rulemaking has taken place and applicable amendments are under consideration by the board on this agenda, the intent behind the moratorium has been met.  A rescission order, reviewed by counsel is attached to this summary.

 

 

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 within the Strategic Plan, but supports the general EAA mission.

 

 

FISCAL IMPACT:

 

None