Ediorial: Medina Dam not a legislative fix

The Express News Editorial Board endorsed a legislative “fix” to force the Edwards Aquifer Authority to pay for a portion of necessary repairs to Medina Dam.

The problem is the EAA and its funds are supposed to manage, enhance and protect an underground aquifer and the species that rely on it, not a reservoir miles from the habitat of the endangered species.

Medina Dam is owned and operated by Bexar-Medina-Atascosa Water District, making BMA the entity primarily responsible for the dam’s maintenance and repair. The question is who should pay $10 million in repairs; and how might BMA raise the money to repair its own structure.

There is a way for BMA to raise funds to ensure the safety of its dam that would benefit the entire region — consistent with the EAA rules. BMA could receive “recharge credits” by changing its management and operation of the dam and Medina Lake to enhance recharge to the Edwards over present conditions. Those credits could be sold to pay for the dam repairs.

A recent attorney general’s opinion explicitly observed, as did an EAA general counsel’s brief, that the present EAA rules allow BMA to get a “recharge recovery right” if BMA would modify its water management practices so that recharge to the Edwards is increased over present levels.

Options for enhancing recharge include: (1) managing Medina Lake so that more recharge to the Edwards occurs in Diversion Lake, (2) utilizing the strategies outlined in the current EAA “recharge & recirculation” study to bring water from Medina Lake to recharge sites at Verde, Hondo or San Geronimo, where significant recharge credits could be obtained; (3) utilizing the strategies outlined for Medina Lake in the Trans-Texas Water Studies in 1998 to put more water in the aquifer, and obtain a recharge recovery right; or (4) lining leaky BMA canals bringing water to farmers, using more conservative irrigation practices and using the saved water to recharge the Edwards.

These enhanced recharge strategies are more economic compared to many other strategies that have been advanced for our region. Carrying out these strategies can result in additional long-term water supply and help sustain regional springflow in drought. No new legislation would be needed.

It is baffling that BMA declined to apply for stimulus funds that might have been available.

Contrary to the editorial’s implication, the EAA board has not deliberated on or expressed willingness to give BMA something for nothing. BMA needs to stop looking for a handout from the EAA (and ultimately SAWS and Bexar Met customers) and start working right away to pursue funding mechanisms already in existence.

It has an obligation as owner of the structure to keep the dam in safe repair in a sound, responsible manner. It does not need an act of the Legislature to do this.

This editorial by Carol Patterson - a member of the Edwards Aquifer Authority board of directors -- apperaed in the Express New on April 29, 2009.