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Edwards springs included in new book on Notable Springs of the United States In October, author Neven Kresic released a new book on Notable Springs of the United States that includes chapters on several springs of the Edwards Aquifer. I was happy he was able to use some material from these pages! Mr. Kresic's motivation for producing the book was to increase awareness of how many springs are threatened, and the book is entirely free to download and share.
Preliminary hearing set for Guajalote Ranch wastewater discharge case On October 10, the State Office of Administrative Hearings (SOAH) scheduled a preliminary hearing in the Guajalote Ranch case for November 21 at 10:00 a.m. During this hearing, SOAH will hear from parties that were denied standing by TCEQ as an "affected party", as they are allowed to once again seek party status before SOAH. About 80 parties sought to be named as affected, but only three were granted that status. Those three are the Greater Edwards Aquifer Alliance, San Antonio Metro Health, and nearby landowner Elizabeth Ann Toepperwein. The administrative judges will ultimately rule on issues raised by them such as impacts to wildlife and endangered species, compliance with odor control and abatement requirements, compliance with applicable siting requirements, adequate identification of the proposed facility's operator, and compliance with the State's regionalization policy. The process is similar to a civil trial, in which evidence is presented and there is questioning of witnesses or experts. The judges then make Findings of Fact and Conclusions of Law based on the evidence presented and send their recommendations back to TCEQ, which will review the case and make a final decision on the proposed wastewater discharge permit. The process could take several years to complete. |
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SA Zoo may be fined for overpumping On September 23, the Express-News reported the San Antonio Zoo may be facing a $55,000 fine for pumping too much water from the Edwards Aquifer during drought conditions. The Express reported the EAA is working with the nonprofit San Antonio Zoological Association, which runs the Zoo on 57 acres leased from the City, to negotiate a settlement over a 66-million-gallon overpumping issue. The Zoo said the overpumping was caused by its reliance on a pump so old that staffers can't control the flow very well. The Zoo has rights to pump 2,700 acre-feet of water from the Edwards per year, but those were reduced to 1,765 acre-feet in 2023 by drought conditions, and the Zoo ultimately pumped 1,969 acre-feet. That's 204 more acre-feet than it was allowed, or approximatley 66 million gallons. The Zoo uses the Edwards water in many animal exhibits, but the pump used to get it dates to 1946. There is a manual valve for controlling flow that can't be repaired because it's so old parts are not available. Zoo CEO Tim Morrow said "If you turn it down too low or off, it may never turn back on again or collapse. I would describe it as being held together by calcium deposits at this point." In 2019, the Zoo began having conversations with officials about funding a project to replace its well and pump, and Bexar County commissioners and the City approved $5 million for the project. Work started on drilling a new well and constructing a new pump in March of 2024 and the project is scheduled to be completed in the spring of 2025. |
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Fight continues over Guajalote Ranch wastewater discharge permit On August 14, the Texas Commission on Environmental Quality held a hearing to determine whether opponents of the proposed wastewater discharge permit for Guajalote Ranch would be granted a hearing, and it decided that the Greater Edwards Aquifer Alliance, San Antonio Metro Health, and nearby landowner Elizabeth Ann Toepperwein all have standing to contest the permit. To gain standing, opponents have to be an "affected person", who can describe how and why they would be adversely impacted "in a manner not common to the general public." The Commission rejected a request from SAWS to particpate, but SAWS said it was pleased the Commissioners ordered a contested case hearing and that the city's health department will be able to participate. The next step would be to schedule the hearing at the State Office of Administrative Hearings. That process can be lengthy, typically taking several years. The Administrative Laws Judge assigned to the matter will then prepare a Proposal for Final Decision, and the matter goes back to the TCEQ Commissioners for final consideration, which can take another 4-6 months. |
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Feds delay decision on listing blind catfish as endangered On July 31, the U.S. Fish and Wildlife Service extended its deadline to determine whether two species of blind catfish that inhabit portions of the Edwards Aquifer should be listed as endangered. A proposed rule to list the species was announced in August of 2023, and the Service was initially required to issue a final rule within 12 months of the proposal. In October of 2023, the Service received comments opposing the listing from SAWS, the EAA, and Texas Senator Ted Cruz and John Cornyn. In December the Service reopened its comment period, and did so again in July, making the new deadline for a decision February of 2024. In a written statement, the Service said "During the previous public comment periods, the agency received new information and data regarding well operations that could be relevant to the final determination." Although the Service has not said what measures might be put in place to protect the catfish, SAWS has said that halting production from certain wells due to the "unsupported conclusion" that pumping is affecting the species' habitat and mortality rate would reduce SAWS' capacity by "millions of gallons a day." One of the ironies in the proposed listing is that it could potentially involve wells that SAWS manages to maintain springflow for other endangered species. These wells are central to SAWS' Aquifer Storage and Recovery (ASR) Program, which is a cornerstone of the Edwards Aquifer Habitat Conservation Plan (EAHCP) to protect endangered species. The ASR program stores excess Edwards water in wet years for retrieval during dry years and enables wells that have a significant impact on springflows to be turned off in critical times. The EAHCP was the result of decades of dispute and efforts to manage the Edwards to maintain springflows. SAWS Senior Vice-President Donovan Burton said the proposed listing "could blow up decades of work." Comal County quarry advances with approval of water quality plan In July a controversial new quarry in Comal County became a step closer to reality after the Texas Commission on Environmental Quality approved a water pollution and abatement plan, which is required because of its location over the Edwards Aquifer Recharge Zone. The plan for the Vulcan Materials Quarry calls for minining nine areas on 956 acres, with an additional 545 acres of buffers, berms, and floodplains. Vulcan's plans also include vegetated strips to filter runoff, buffers around sensitive features, and mining a prescribed distance above the groundwater level. Opponents have been fighting the plan since 2017 and were dealt a blow last fall when the Texas Supreme Court turned away their attempts to overturn the quarry's air quality permit, which allows Vulcan to emit up to 95,000 pounds of pollutants per year from rock-crushing operations and equipment. Vulcan maintains it will operate "in a safe, socially and environmentally responsible manner," and will "protect and conserve water resources." Opponents are concerned the quarry's operations will threaten the Edwards, pollute the air, and cause other issues in the surrounding area. The opponents planned to file a motion with TCEQ to overturn the permit, but such motions are rarely granted. Their final avenue of opposition would be to file a lawsuit in district court in Austin asking for an administrative review of TCEQ's process and decisions. |
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San Antonio enters Stage 3 drought rules On June 25, San Antonio entered Stage 3 drought rules, and it marked the first time the city has implemented this Stage. New drought rules approved by City Council also became effective, as outlined in the news item below. San Antonio City Council approves new drought rules On June 20, the San Antonio City Council voted unanimously to adopt new drought and watering rules. Mayor Ron Nirenberg called the new regulations "a desperately needed update to reflect the times that we're living in." The updated rules include triggers for entering drought stages, new watering times, fines for violators instead of municipal citations, high-use surcharges, and new limits on drip irrigation systems. SAWS new drought restrictions are here, and a summary of the changes is below: Non-Compliance Charge: Drought Surcharge: Drip Irrigation: Irrigation System Quality: Alignment to EAA Stages: Flow Restrictors: Access to Premises: Turfgrass Soil Support: Enforcement Provisions: Variances: Watering Times:
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SAWS Board approves new drought rules On May 23, the SAWS Board of Trustees approved changes to drought rules that will now move to City Council for final consideration. If approved, there will be new limitations on use of drip irrigation systems - three days per week during Stage 1 drought restrictions, two days per week in Stages 2 and 3, and one day per week in Stage 4. Also, Stage 3 for SAWS customers would be triggered when the Edwards Aquifer Authority enters its Stage 3 restrictions. In addition, Stage 2 watering hours would shift from 5 a.m. to 10 a.m. and 9 p.m. to midnight. Currently outdoor watering is allowed from 7:00 a.m. to 11:00 a.m. and 7:00 p.m. to 11:00 p.m. SAWS said the change is necessary because of discussions with CPS Energy about the need to reduce energy use from 6:00 p.m. to 9:00 p.m. Also, watering violations would move from the municipal citation process to a fee on customers' bills, and a surcharge would be added for high-volume water users during Stage 3 conditions. The fees would be intended to send a financial signal to high-volume users. Residential customers who use more than 20,000 gallons in a month would be charged $10.37 for every 1,000 gallons over that threshold. If approved by City Council, bill surcharges could begin in July and watering hours could take effect immediately. The City Council was scheduled to discuss the changes at a June 12 meeting before voting on June 20. Native mussels reintroduced to upper San Antonio River Many decades ago, native freshwater mussels were reported to be abundant in the upper San Antonio River, but few could survive after straightening and channelization projects in the 1950s removed their habitat south of downtown. After habitats were restored with the Mission Reach project in 2013, the San Antonio River Authority began assessing whether they could now survive and results were positive. So in May of 2024 about 5,000 sandshell mussels raised in a lab were placed in the River along the Mission Reach, with hopes the species presence can be revived. Three other mussel species will be reintroduced over the next year, and mussels are important for a river's ecology because they are filter-feeders, straining out algae and bacteria from the water. They are known as "the liver of the river." Native mussels are also beneficial to other species in the river - when mussels thrive there are more aquatic insects, which means there are more fish. SARA's Manager of Environmental Sciences Shaun Donovan said "The fact that we can put in native freshwater mussels that need good water quality, need good habitat, and have confidence that they're going to survive and be successful - people should have pride in that. It's a community accomplishment." |
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River otters return to San Marcos River In April, officials at The Meadows Center confirmed the return of river otters to the San Marcos River, which had not been sighted there since the 1950s. Students walking along the river boardwalk first reported an otter in 2021, and now the Meadows Center confirmed four additional sightings. Biology professor Ivan Castro-Arellano said the river otters are an indicator species, whose presence, absence, or abundance in an environment serves as a sign of the overall health of that ecosystem. The positive state of the San Marcos River is generally attibuted to the Edwards Aquifer Habitat Conservation Plan, which has implemented many measures to improve and stabilize the habitats for endangered species. |
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Spotted gar in San Antonio River is sign of improved habitat In March, biologists conducting a fish survey in the San Antonio River Authority found spotted gar for the first time, in a sign that habitats in the River are continuing to improve after the Mission Reach restoration project. The spotted gar has ancestors that date back 100 million years and is native to Texas and the San Antonio River, but had not been present for many decades. After the Mission Reach restoration project was completed in 2013, many species began returning to the upper San Antonio River. The River Authority began conducting surveys in 2021 and this year noted the presence of 25 different fish species. |
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San Marcos to start can ban on River May 1 The San Marcos City Council voted to approve an ordinance banning single-use beverage containers that will take effect May 1. It applies to containers such as bottles, cans, and juice boxes, while reusable food containers are still allowed. The city plans to have "go zones" farther from the River where all containers are still allowed, and "no go zones" closest to the River where they are prohibited. Also, San Marcos will limit cooler sizes to 30 quarts or less on or in portions of the public waterway that lie within city park property. Spearfishing tournament aids endangered species conservation In February, the Polespear Tournament was held in the San Marcos River to aid in protection and conservation of endangered species by removing invasive tilapia and suckermouth catfish. The tournament is held twice a year, usually in November and February, and up to 60 participants can sign up for assigned spearfishing slots over a two week period. Whoever spears the most fish gets bragging rights and a $300 prize, but all are winners because they are removing fish that cause erosion in the riverbanks and affect the food chain in the sensitive spring-fed ecosystem. Event organizer Nick Mendoza said "They're passionate about they're doing, removing these fish. The event is really about river stewardship and doing their part to help the endangered species that struggle to compete with the hardier invasive species." Afterwards, the tilapia are turned into fish tacos and given out to the public at a fish fry event. City, SAWS, and public health department oppose Guajalote Ranch permit On February 12, San Antonio Mayor Ron Nirenberg advised City Council he had filed a request asking the TCEQ to reconsider the proposed wastewater discharge permit for Gualajote Ranch. Also, in a joint filing, the San Antonio Water System and Metro Health submitted a letter of intent to contest the permit. More than 80 parties submitted similar letters of intent, but it is likely that not all will be granted "affected party" status if a hearing is granted. In his letter to TCEQ, Nirenberg requested reconsideration of the preliminary decision to issue a permit because "the proximity to the discharge area in the extraterritorial jurisdiction of the City and the adverse effects arising from any potential accidental or excessive discharges pose a threat to the City." SAWS President and CEO Robert Puente said SAWS filed for affected party status because it wishes to remain involved in the discussion that will follow. "We understand the developer is still talking to the other protestants to see what kind of concessions can e made on both sides, so we want to still be a part of that," he said. |
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TCEQ OKs draft permit for Guajalote Ranch wastewater discharge After signaling last May that it would likely not block a wastewater discharge permit for Guajalote Ranch, the TCEQ in January sent a letter to the applicant for the permit that said the proposed plant and permit "meets the requirements of applicable laws." That correspondence opens a one-month window for opponents to request a reconsideration of the proposed permit or request a contested case hearing on the permit. Such a hearing can only be requested by people determined to be an "affected person", who can describe how and why they would be adversely impacted "in a manner not common to the general public." The TCEQ Commissioners will then decide whether or not to grant a hearing and who has party status. If a hearing is granted, the matter is referred to the State Office of Administrative Hearings and the process can be lengthy, typically taking several years. The Administrative Laws Judge assigned to the matter will then prepare a Proposal for Final Decision, and the matter goes back to the TCEQ Commissioners for final consideration, which can take another 4-6 months.
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