File #: AI 13-2329    Version: Name: Milford LPW Rescission
Type: Action Item Status: Reported from Committee
File created: 2/6/2020 In control: Board of Directors
On agenda: 3/10/2020 Final action: 3/10/2020
Title: Consider recommendation from the Permits/Enforcement Committee to rescind limited production well status for the well owned by Broderick E. & Susan G. Milford dba Fey’s Boat & Camper Storage, based on the owner’s inability to meet annual groundwater withdrawal limits.
Attachments: 1. Milford Letter_Jan10_2020, 2. LPW Recission Order - Milford - Feys Boat-Camper Storage 03-10-20
Title
Consider recommendation from the Permits/Enforcement Committee to rescind limited production well status for the well owned by Broderick E. & Susan G. Milford dba Fey’s Boat & Camper Storage, based on the owner’s inability to meet annual groundwater withdrawal limits.

Body
RECOMMENDED MOTION:

Move the board adopt an Order Rescinding Limited Production Well Status for the well (W107-002), owned by Broderick E. & Susan G. Milford dba Fey’s Boat & Camper Storage, and move that an opportunity for reinstatement be allowed if 2020 use limitations are met.


SUMMARY:

The purpose of this agenda item is for the board to consider a Permits/Enforcement Committee recommendation to recommend the board adopt an Order Rescinding Limited Production Well Status for the Edwards Aquifer well (W107-002) owned by Broderick E. & Susan G. Milford dba Fey’s Boat & Camper Storage.

Background

Following the passage of Senate Bill 1241 during the 2013 Regular Session of the Texas Legislature, the EAA adopted new rules in December 2013 creating a new category of exempt well called a Limited Production Well (LPW). To be recognized as an LPW, a well owner must: (1) have an Edwards Aquifer well that was drilled prior to June 1, 2013; (2) amend his or her well registration; (3) have a registered meter on the well; (4) submit annual use reports at the end of each calendar year documenting that no more than 1.4 acre-feet of groundwater was withdrawn; and (5) pay a yearly $25 administration fee. Therefore, owners of LPWs may make withdrawals of up to 1.4 acre-feet of groundwater per year without the need for an EAA groundwater withdrawal permit.

In the event an annual use report shows an LPW owner withdrew more than 1.4 acre-feet of groundwater, EAA staff provides written notification to the well owner that the inability to consistently remain below the annual withdrawal limit for an LPW may result in the loss of LPW status for the well. Originally, it was the policy of EAA staff to...

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