Title
Consider recommendation from EAA staff to approve an Amendment of Springflow Protection Forbearance Agreement for 4 Doyon Enterprises, LLC, and approve a Springflow Protection Forbearance Agreement for Lyle N. Riff for the Aquifer Storage and Recovery Forbearance Program in support of the Edwards Aquifer Habitat Conservation Plan, in the total amount of $9,600.
Body
STAFF RECOMMENDED MOTION:
Move the board amend an ASR Forbearance Agreement with 4 Doyon Enterprise, LLC, and approve a replacement ASR Forbearance Agreement with Lyle N. Riff for the amount reduced by the amendment.
SUMMARY:
The purpose of this agenda item is for the board to consider an EAA staff recommendation to amend an ASR Springflow Protection Program Forbearance Agreement in support of the Edwards Aquifer Habitat Conservation Plan (EAHCP). The amendment is necessary due to the transfer of the associated groundwater withdrawal rights and a request from the permit holder to exchange a portion of the enrolled water rights so that the rights could be used to satisfy the City of LaCoste's municipal water service requirements related to a land development project owned by 4 Doyon Enterprises, LLC.
The original forbearance agreement was for 32 acre-feet of rights owned by Kurt Eric Kunze. In July, these water rights were transferred to 4 Doyon Enterprises, LLC. A request was made of the EAA to release one-half of the enrolled rights (16 acre-feet) to meet the water service requirements of the land project. Historically the EAA has allowed a release of enrolled rights if the owner of the rights can secure replacement water rights to be enrolled in the program. In this case, 16 acre-feet of replacement rights are being enrolled by Lyle N. Riff. Therefore, the actions do not impact the overall amount of water enrolled in the program
EAA staff will present this item and answer related questions at the November 8 board meeting. A copy of the amendment document and the new replaceme...
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