Title
Consider recommendation from the Permits/Enforcement Committee to rescind limited production well status for the well owned by Juan Francisco Rodriguez, 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 well W106-173 owned by Juan Francisco Rodriguez.
SUMMARY:
The purpose of this agenda item is for the board to consider a Permits/Enforcement Committee recommendation to adopt an Order Rescinding Limited Production Well Status for a limited production well owner due to an inability to meet annual groundwater withdrawal limits.
Following the passage of Senate Bill 1241 during the 2013 Regular Session of the Texas Legislature, the EAA adopted new rules 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 their 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annual use reports at the end of each calendar year documenting that no more than 1.4 acre-feet of groundwater was withdrawn; and (5) pay a yearly $25 administration fee.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 indicates an LPW owner withdrew more than 1.4 acre-feet of groundwater, for the first occurrence, EAA staff provides written notification to the well owner that their inability to consistently remain below the annual withdrawal limit for an LPW may result in the loss of LPW status for the well. At any time in the future, if the owner exceeds withdrawals for a second time, EAA staff notifies the owner that the matter will be considered by the EAA Board of Directors (“Board”) to conditionally rescind LPW status from a well. A well owner may also b...
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