Monday, August 6, 2012

SAWS: Edwards Aquifer - Pumping Rights Acquisition

Currently more than 90 percent of drinking water used by SAWS customers comes from the Edwards Aquifer. Overall, the aquifer makes up only 61 percent of the total water supply, which includes both potable and non-potable sources. This wonderful resource has been the mainstay for this community since its inception. As San Antonio has grown, SAWS has reviewed other opportunities in which it can maximize its allocations of the Edwards supply.
In 1993, the Texas Legislature created the Edwards Aquifer Authority to manage groundwater withdrawals from the Edwards Aquifer and provide for appropriate springflow during drought periods. Through a permitting system under the EAA, San Antonio Water System' access to Edwards Aquifer supplies is now limited to its historic use plus any additional supplies the utility may acquire by lease or purchase. All Edwards Aquifer supplies are subject to regulation during periods of drought.
In 2007, the Texas Legislature passed Senate Bill 3, establishing a regional pumping cap of 572,000 acre-feet. SAWS currently has access to approximately 45 percent of the Edwards Aquifer water rights. Senate Bill 3 also incorporated restrictions on withdrawal limits during drought periods, making these restrictions state law. In addition, the Texas Legislature prescribed a Recovery Implementation Program (RIP) for the Edwards Aquifer region. The RIP will support ongoing efforts to identify and evaluate methods to protect threatened and endangered species, andmay further define the availability of this water resource.
Recommended by the U.S. Fish & Wildlife Service, the RIP is part of a collaborative effort among stakeholders of the Edwards Aquifer to look for ways to balance and protect varied regional interests. Additionally, the Edwards Aquifer provides flow to the San Marcos and Comal springs, which serve as vital habitats for a number of recognized endangered and threatened species. Flow from the springs discharges to the Guadalupe and San Marcos Rivers, which are dependent on complex relationships encountered through recharge of the Edwards Aquifer, aquifer characteristics and wide-scale regional climatic conditions.
By state law, a plan to address the needs of endangered species associated with the Aquifer must be agreed to and federally approved by the end of 2012. The RIP now often referred to as the EARIP "Edwards Aquifer Recovery Implementation Program" is about halfway through the planning phase and seems to be on course to meet the 2012 deadlines. The goal is to move toward implementation of a Habitat Conservation Plan (HCP) with incidental take protection coverage. This action would outline the steps for how the regional human activities could be conducted with enough protective measures in place for the long-term well-being of the species. A successful result would offer a degree of regional security for both the species and human activities while averting costly alternative routes and possible litigation.
Acquisition of Additional Edwards Aquifer Supply
Under the more diversified 2009 Water Management Plan Update, SAWS Board of Trustees gave two distinct directives for Edwards Aquifer acquisitions. The first is for SAWS to maintain its current inventory of Edwards Aquifer leases (approximately 37,000 acre-feet at the time of issuance) through re-leasing or purchasing. Secondly, recognizing that the Edwards Aquifer water market is established, trustees stated that SAWS would participate in this market to acquire at least an additional 2,000 acre-feet per year of permanent Edwards Aquifer permits through 2014.
SAWS currently maintains leasing relationships at the level identified by the Water Management Plan, and has met the 2014 purchase goals four years ahead of schedule.


* An acre-foot of water is equivalent to 325,851 gallons



SAWS: Edwards Aquifer - Pumping Rights Acquisition

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Trey Wilson: Texas Water Lawyer -- Texas Groundwater Permit and Water Rights Attorney

Trey Wilson: Texas Water Lawyer -- Texas Groundwater Permit and Water Rights Attorney
Trey Wilson -- Texas Water Lawyer, Groundwater Permit and Water Rights Attorney