File #: REP 13-1710    Version: 1 Name: 2021 OP report
Type: Staff Report Status: Filed
File created: 8/3/2022 In control: Permits/Enforcement Committee
On agenda: 3/28/2023 Final action: 3/28/2023
Title: Receive report from EAA staff on the settlement approach for groundwater use non-reporting and exceeding authorized groundwater withdrawals by both Permitted Users and Owners of Limited Production Wells.

Title

Receive report from EAA staff on the settlement approach for groundwater use non-reporting and exceeding authorized groundwater withdrawals by both Permitted Users and Owners of Limited Production Wells.

 

Body

STAFF RECOMMENDED MOTION:

 

This item is for discussion purposes only.  No action required.

 

 

SUMMARY:

 

The purpose of this agenda item is for the Permits/Enforcement Committee to receive a report from EAA staff on the current settlement approach, as outlined in EAA’s Compliance and Settlement Guidelines (Settlement Guidelines) for regulated well owners who fail to file an Annual Groundwater Use Report ("non-reporting") and for permittees who exceed their annual authorized groundwater withdrawal amounts ("over pump").  EAA staff will also discuss a potential update to the Settlement Guidelines that would require owners of LPWs who exceed their annual limits to pay a settlement similar to that of EAA permit holders who over pump a permit.  It is anticipated that this update will be implemented in 2024.

 

EAA staff will be prepared to discuss the potential revision and answer questions from the Committee.  

 

STRATEGIC PLAN REFERENCE:

 

This agenda item helps build and/or create Assuredness in Regulatory Programming - a key objective in achieving the EAA’s goals identified in the 2021-30 Strategic Plan.

 

 

FISCAL IMPACT:

 

Revenue received through compliance settlements is dedicated to the Conservation/Aquifer Protection Fund.  This revenue is used solely to fund projects expressly devoted to the protection and benefit of  the Edwards Aquifer.  No revenue derived from compliance settlements is used to fund operating expenses or capital purchases of the EAA.