Environmentalists contend it is hard to find any environmental sensitivity in this type of development - they remove the hills, create terraces for homes, and then advertise "Hill Country living. As is stands, the appellate court's ruling seems to tip the balance toward landowners when faced with limits to their water use imposed by groundwater districts. We will examine the issue of Edwards water quality in depth shortly, after we examine the evolution and current state of Groundwater Conservation Districts in Texas. In that case, landowners who never used any Edwards water during the historical time period on which Edwards rights were based filed an application anyway and were denied. In Helotes, elections are pretty much decided in early voting, so if the story could be kept quiet and Ellis could hang onto the seat, the Mayor would get to appoint his replacement. On top of that, there are several additional layers of jurisdiction for planning and management and an array of confusing overlaps between all of them. Ellis later pled guilty and was sentenced to 10 years in prison. Because the Supreme Court let the appellate decision stand and did not weigh in on the issue, there is still a lack of direction from the highest court. In 40 years, it seems that little has changed. Overall, In 1994 he was appointed by U.S. District Judge Lucius Bunton to serve as a court monitor to ensure that court directives were carried out in the wake of the Sierra Club lawsuit against the U.S. Authority. As early as 1955, justices noted the rule of capture was outmoded, since the movement of groundwater, which was previously thought to be mysterious and unknowable, was no longer so. Charts and Graphs Even though it's all the same water, the differences in how surface water and groundwater are owned and regulated in Texas are profound. The Legislature increased the fees in 1997 and again in 2008. Takings cases are always very fact-specific, and while regulators may be more cautious than before the opinion, each potential case in the future would be reviewed based on the facts in that particular case. Until 2008, most believed that it had indeed been resolved. It had created the Texas Water Quality Board and given it the authority to oversee all efforts to preserve groundwater quality. Advertisement from the San Antonio Light, January 14, 1976. (5) "Ranch Town? So, just one person could use ALL of the Aquifer water if they could Water Summit Summary. San Antonio Light, March 15, 1979. Texas Senate Bill 1477 In late 1975, Aquifer development exploded into the headlines once again when the San Antonio city council approved a re-zoning request to build a supermall on 129 acres over the Recharge Zone near Hwy. Let us begin in the early 1970s. Laws and Regulations { Since there is a well-established scientific link between development and runoff water quality, Edwards water quality protection mainly comes down to managing growth and limiting impervious cover. Bexar County Environmental Engineer Andy Winter noted that under the plan, all transactions are voluntary. The names of the Red party council persons who turned back the clock on environmental protections are forever linked with the name of confessed child rapist Jeff Ellis on a monument they erected to themselves in downtown Helotes. Aquifer Authority. Edwards Aquifer With early voting underway in the 2008 election, a warrant was issued for the arrest of Red party councilman Jeff Ellis, alleging rape of a 14 year old girl. Important development decisions were relegated to the consent agenda and rubber-stamped in lightning-fast meetings without public discussion. Rules Protecting the Edwards Aquifer Recharge and Transition Zones (RG-011) Guidance on restrictions relating to construction on the Edwards Aquifer Recharge The process could take as little as several weeks, instead of the several years it takes to receive permits when developers pursue them on their own. Protection orders that came out of the Water Quality Boards office included some of the AACOG proposals but lacked means of enforcement and were widely criticized as woefully inadequate. Colorado River Many observers thought the Texas court would modify the rule of capture to protect rural homeowners and domestic users of water. WebThe contributing zone of an aquifer includes all watersheds that feed runoff into rivers and streams that flow over the recharge zone. projects so as to prevent contamination of the aquifer. making permits transferable (with some restrictions), and it set a cap on Within months, Aquifer became a household word. If you live in Virginia, you will be in one of the four Virginia USDA plant hardiness zones that Though modest gains were made, no progress was made on the most significant threats - population density and impervious cover. But it did make a finding that raises questions regarding the application of EAA regulations to the Edwards. The EAA argued the Braggs takings claims accrued in June of 1996 and a 10-year statute of limitations had expired by the time they filed suit in November of 2006. Some have suggested that if ever a fox guarded a henhouse, that would be Steve Hodges, a pro-development former mayor of Helotes, who for several years managed the city of San Antonio department that oversees the land acquisition program. Were not here to take land. adopted. Hydrogeologic Sections Showing Distributions of Coarse- and Over 200+ free JavaScripts here! Edwards Aquifer Contributing Zones Initial court There was another case, GG Ranch, LTD, et al, v. the Edwards Aquifer Authority, et al., which had potential for much more far reaching impacts for the Edwards region than the Bragg case. The court stated "a landowner cannot be deprived of all beneficial use of the groundwater below his property merely because he did not use it during an historical period and supply is limited." Water Recycling and Reuse Watershed ordinances are one way we protect water quality in Austins creeks, rivers, lakes, and springs and protect lives and property from flooding and erosion. WebWhat are Watershed Ordinances? However, it left the door open for legislative restrictions by affirming that pumping groundwater within the jurisdiction of a Groundwater Conservation District (GCD) may be limited. It's nothing but tyranny. Other Edwards Aquifer Resources failed to implement a recovery plan for San Marcos and Comal Springs and had The EAA has several times delayed development of water quality rules because it was concerned such action would result in a private property rights backlash and legislative retaliation. As a response to the 1950s drought, the Edwards Many of the stumbling blocks on the path toward management of the Edwards were set in place by several fundamental flaws in Texas water law. What is a contributing zone plan (CZP)? government would be in charge of the Aquifer. Ron Pucek's Catfish Farm So the Greens invited him to discuss it in district court, where he was excoriated by a judge for illegally subverting the representative form of government that is the basis of our nation. They are units of local government with locally elected boards that historically were focused mainly on developing and implementing conservation plans, not limiting pumping. Aquifer advocates were not satisfied with those solutions. To address the funding problem, the EARIP members had little choice but to propose higher fees on pumpers. Approximately 1,250 square miles of Edwards Limestone is exposed at the ground surface and composes the Recharge Zone where water enters the Aquifer. City planners began speaking of the high cost of providing city services when "leapfrog" development demanded new infrastructure in far-flung areas. Added responsibilities and requirements apply. EAA officials said they didn't consider themselves bound by the Attorney General's opinion and would seek to have the legislature ratify the junior/senior permitting scheme by statute. In July of 2016, in the face of stiff opposition from vested business owners, the city of San Antonio banned the use of coal-tar sealants on roadways and parking lots, which some scientific studies have shown to be cancer-causing. Meanwhile, several challenges to the new rules to ensure springflows, and he directed the Service to determine springflow Basically, the argument was the Authority had not adequately Even this process has not escaped developer influence. With large surface water supplies, construction could proceed with less concern for groundwater pollution, the costs passed on to taxpayers in the form of bonded debt. But builders insisted that Texas law did not permit citizens to hold referendums to direct public policy, and they immediately filed suit. Edwards Aquifer Protection Program - Texas Commission Read it and decide for yourself! San Antonio Express-News, January 24, 2014. Even so, for over a century this "separation myth" has been a major impediment to the development of an integrated and conjunctive body of water law in Texas (Kaiser, So in 2000, citizens demonstrated once again their strong support for Aquifer protection by acting on Lila Cockrells 1973 suggestion that large acreages be purchased to protect sensitive lands. South and west of town, the grassy coastal plain is flat, hot, and undistinguished, with numerous air bases and low-flying aircraft, and it was not seen as a particularly desirable area to live. The Metcalf & Eddy study also suggested that up to 85% of the Recharge Zone within the city limits could be developed if careful protection measures were in place, but the consultants clearly indicated that controls on development were preferable. In Texas, politicians who dare to suggest that private property rights are less than paramount are routinely placed on rails and escorted from town wearing tar and feathers. Although San Antonio has Conservation About the Edwards Aquifer weight of law. After residents took to the streets with homemade signs encouraging officials to "Put The Fire Out! Despite objections, the Edwards Aquifer was the first to be designated as a Sole Source Aquifer. many years. Brush Management There were actually several issues the Fourth Court of Appeals had to sort out. They were unable to show historical use for the larger amount. adopting rules. government is usually willing but reluctant to exert control if matters can be handled Rules Protecting the Edwards Aquifer Recharge, For photos of the farm in operation, see the page on Ron Pucek's Living Waters Catfish Farm. the Votin. Regulatory History of the Edwards Aquifer - Texas Commission on The preferred and approved plan was assigned a date of November 2012 and includes a number of measures to maintain or manage springflow, including Critical Period Management pumping restrictions, use of SAWS Twin Oaks Aquifer Storage and Recharge facility to meet water demand that offsets reduced pumping from the Edwards Aquifer near the springs during drought, a Voluntary Irrigation Suspension Program that provides economic incentives to reduce pumping for irrigated agriculture during drought conditions, and a Regional Water Conservation Program. First of all, in the 1904 case that established the rule of capture as the law in Texas, the landowner lost. The rule of capture is also called the Essentially, developers use a pre-approved Section 10A permit, and they pay into a mitigation bank which provides funds for purchase of good quality, occupied habitat. San Antonio Express-News, Sep. 27, 1973. San Antonio Express-News, January 6, 1979. Goodenough Spring permits at 450,000 acre-feet annually, to be reduced to 400,000 acre-feet in animals have been protected. In 1990, geologic assessment requirements for residential developments were decreased to 25 or more units and notification of recharge features was made mandatory. This is a site that probably should not have been developed at all, but in Texas, failure to give landowners and developers free reign is the same as asking for a lawsuit. Although EUWD had joined the plaintiffs in the Ranch Town suit, it also publicly protested any police role, insisting this function should be left to the individual counties (8). Authority based on historic use from the Aquifer from 1972 to 1993. Within days, one developer filed a $750 million class action suit in federal court, charging an unconstitutional taking of private property. The issue was about to be brought to the fore because San Antonio was poised for explosive growth. Shih had worked with his graduate students on an environmental review of the site and was aware of the details of the purchase option. As a result of the ruling in the East case, landowners in Texas generally cannot protect themselves from harm caused by larger and deeper pumps, but over the years the courts have developed several exceptions to the rule of capture. The original plan called for a mall to house "only the best merchants - Neiman-Marcis, Macy's, and the like." new agency could be seated, the U.S. Department of Justice put the Two years after the takeover of city government by Becker's Independent Team, water quality got back on the council agenda when the makeup of city council was profoundly changed by forced compliance with the Voting Rights Act. All of this creates a very challenging environment in which to try and manage water. The agency was required to limit pumping to 450,000 acre-feet per year by 2004, and to reduce pumping to 400,000 acre-feet by 2008, but it was also required to issue minimum annual pumping rights to users who could prove their use during the prior 21 years. ruled Simsboro Aquifer (8) "Larger police role protested by Edwards water district." public. In the Edwards region, groundwater had very little value before pumping limits and regulations were enacted. legislation on hold because it wanted to determine if the new law violated For a plan to be effective, participation by many jurisdictions is needed, and cities and counties must make a commitment to be a partner in the plan before it is submitted for approval. leaked in May 2000 predicted that even at flows as low as 30 cfs, 60% of An Extreme SuperMoon is when a full or new Moon happens at the same time the Moon is close to 100% of perigee. Pop Quiz! One line of reasoning was that since the water San Antonio uses comes from west of town, the city could not legitimately use its police powers to regulate development over the Recharge Zone because "it isn't protecting San Antonio water anyway.".
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