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Update to Region L plan almost ready In 2001, the South Central Texas Regional Water Planning Group submitted Region L's plans to meet water needs for the next 50 years, and their recommendations became part of the State Water Plan (see Alternatives page). In December 2005, amid contentious discussion, Region L planners appeared to be on track to complete a five year review of the plan. The plan being discussed still included a pipeline to deliver water from the Guadalupe River, but since SAWS dropped out of the project, plans would be for the water to go to cities north and east of San Antonio instead. The plan also still included water from the Carrizo Aquifer in Gonzales county, even though officials with SAWS and the local groundwater district do not agree on water availability. Aquifer activists file lawsuit to stop toll road In December the group Aquifer Guardians in Urban Areas sued the Texas Department of Transportation in federal court over the adequacy of the environmental studies done for new toll lanes over the recharge zone on 281 north of 1604. The state performed an environmental assessement of the project instead of a more comprehensive analysis known as an Environmental Impact Statement. A spokesman for the group said it would probably ask a judge to temporarily stop work on the project. |
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EAA approves final pumping rights On November 8 a milestone in the history of the Edwards Aquifer was reached when the Board of the EAA issued its final order establishing permit amounts for each of the Aquifers pumpers. Until this action was taken, all permits the Authority issued were temporary and provisional, and users were left with uncertainty about how much water they would eventually get. Collectively, the Authority has recognized rights to pump 548,884 acre-feet per year, which is 98,884 acre-feet in excess of the legislatively mandated cap of 450,000 acre-feet. The Board hopes the Legislature will raise the cap, and is currently handling the situation by treating a percentage of each user's rights as "junior" and interruptible if the Aquifer level or springflows fall below certain trigger levels. Since the PGA Tour faded from the headlines in May, several important developments placed the project on track towards completion. In August, Lumberman's International and the Marriot hotel chain reached an agreement to develop a 1,000 room hotel and two 18 hole golf courses, and a few days later Bexar county commissioners accepted a petition for a special taxing district. In September, the commissioners picked politicians, corporate representatives, and lobbyists for the taxing district's first board of directors, including Lynda Billa Burke, Robert Rodriguez, and Walter Serna. The special taxing district's creation was contingent on approval by residents in the November election. Since nobody lived on the land, developers hired five "residents" to live in three mobile homes on the property. They all cast early votes, and on election night there was no nail-biting about the outcome. The proposal to create the special taxing district was passed by "residents" unanimously. |
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GBRA decides to continue Lower Guadalupe project Four months after the San Antonio Water System ended its participation in the Lower Guadalupe project, the Board of the San Antonio River Authority directed its staff to develop options for a redesigned project. On October 19, GBRA trustees voted unanimously to seek new partners and to develop the project to serve the river authority's statutory 10-county district. The reconfigured project would drop a component to include water from the Gulf Coast Aquifer, which had been included to firm up reliability when flows in the Guadalupe are low. Government Canyon opens to public After years of delays, the Government Canyon State Natural Area finally opened to the public on October 15. The primary purpose of the Area is protection of Edwards Aquifer recharge water quality, but some limited recreation is now allowed as well. Seventeen trails criss-cross the 8,600 acres which can now be used by hikers and mountain-bikers, and camping and horseback riding may be permitted as early as 2006. |
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EAA tackles registration of exempt wells Since the EAA began operations in June of 1996, it has focused on allocating pumping rights to municipal, agricultural, and industrial users, while small domestic users and persons watering livestock have been exempt from the requirement to obtain a permit. In September of 2005, the EAA began the process of registering and mapping all remaining wells. Many users were suspicious of the EAA's motives, but the agency said it had a legislative duty to list and map all wells. It said that accounting for the small capacity wells would improve its modeling and management of the Aquifer, and that it could use the data to alert users of changes in water quality. Well owners will have until December 31 to register without penalties. GBRA urges rejection of endangered species habitat plan In September, Guadalupe-Blanco River Authority general manager Bill West sent a letter to the US Fish and Wildlife Service urging the agency to reject the endangered species habitat conservation plan developed by the Edwards Aquifer Authority and released in March 2005. West said the plan was insufficient to protect springflows on which endangered species depend, even before the June 2005 decision by the San Antonio Water System to end participation in two water development projects. West said "The habitat conservation plan was predicated on the concept that alternative supplies would be brought in to supplement the Edwards. Now that the situation has changed, the implications to that plan are immediate." EAA general manager Robert Potts said that such concerns were expected, and his agency's March 2005 filing of a draft plan was "really to start the process." Cave crickets may need larger buffer zones In September a team of researchers led by Steven Taylor at the University of Illinois published a new study that indicated cave-dwelling crickets may forage up to 350 feet from their cave entrance nightly to find food. Previous work suggested the crickets stayed much closer to their cave entrance. US Fish and Wildlife officials said the new findings would probably change how the agency goes about protecting central Texas caves that contain endangered species. In December of 2000 nine cave-dwelling species were listed as endangered, and in April of 2003 critical habitat designation for endangered recharge zone species was cut by 90%. At the time, environmentalists criticized the decision and said one result would be that Edwards Aquifer water quality would suffer, because most of the caves and lands that would have been protected are on the Edwards recharge zone. |
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SARA and SAWS both eye expanded regional role In August, the Board of the San Antonio Water System decided that SAWS should act as a regional water wholesale provider for Bexar and surrounding counties. The next day, the SARA Board directed its staff to take a lead role in creating a regional water development partnership. Observers noted the SAWS' decision to become a regional provider seemed paradoxical in light of the utility's June decision to end participation in two regional water development projects. In explaining the new SARA role, general manager Greg Rothe said "All of the people in the region who need new water supplies would join together in one unified effort. SARA Board Chairman Louis Rowe said "I believe that the San Antonio River Authority has the position with a lot of governments and entities in our region that will help make this more possible. I think we can help bridge some gaps and do some very positive things." San Felipe Gambusia may be catalyst for springflow protection In August, the San Antonio Express-News published an update on the recently discovered San Felipe Gambusia, a small fish found only in San Felipe Springs and Creek. Environmental groups are petitioning the US Fish and Wildlife Service to list the new species as endangered, a move that could set the stage for pumping regulations and springflow requirements. In the 1990s, pumping regulations for the Edwards Aquifer resulted from lawsuits over ensuring springflows for endangered species, and many see the current situation with the San Felipe Gambusia as a parallel. Residents and environmentalists are concerned about the impact that water marketers and speculators could have on water availability and springflows from the Edwards-Trinity Aquifer, where the rule of capture still prevails (see more on San Felipe Springs). |
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SAWS pulls out of Guadalupe and Simsboro water projects In June the San Antonio Water System announced that it would end its participation in plans to pipe water from the mouth of the Guadalupe River and from the Simsboro Aquifer east of Austin. In the mid 1990's, SAWS established a "shotgun" approach to water planning and began evaluating many different alternatives with the realization that some of them might not prove to be feasible or cost effective, and not all of them would be needed. In early 2005 SAWS President/CEO Dave Chardavoyne formed a task force to evaluate progress on all the potential projects and to consider costs, legislative challenges, environmental concerns, local opposition, changing population projections, and new per capita usage patterns. The task force concluded the utility should no longer pursue the Guadalupe River plan, which would have cost at least $600 million and included a river intake and pump station, an off-channel dam and reservoir, a reservoir intake and pump station, a raw water pipeline to a treatment plant, a water treatment plant, and distribution systems to municipal users or the recharge zone. It also concluded the utility should no longer pursue what was known as the Alcoa/CPS project, a plan to deliver up to 94,000 acre-feet per year from the Simsboro Aquifer in cooperation with the Aluminum Company of America and City Public Service. A few days later, the Board of the San Antonio River Authority decided that it still wants to see the project's major environmental studies completed and that it would ask the Region L planning group to keep the project as an option in the area's long term water plan. The environmental studies are looking at the timing and volume of instream flows as they relate to the winter habitat of the whooping crane and the productivity of San Antonio Bay. |
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Legislative session ends with little action on water issues On May 30 the 79th Regular Session of the Legislature ended with very little action on water issues. Legislators and news pundits blamed the lack of action on the absence of a water crisis such as a drought or a shortage. Omnibus water Bill 3 had contained measures on raising the Edwards pumping cap, establishing fees for groundwater management, revising the rule of capture statewide, and establishing scientific panels to determine drought trigger levels and in-stream flows. PGA Tour tax district passed by Legislature In the final days and hours of the 2005 legislative session, the PGA Tour special taxing district repeatedly defied death and was approved by the Legislature. Rep. Lon Burnam of Fort Worth, who is opposed to development over the Edwards recharge zone and what he calls "corporate socialism", noticed a technical error, raised a point of order, and threatened to kill the bill unless an agreement could be reached on holding a referendum before the measure could become law. No agreement was reached, and Burnam did kill the bill, but with only hours to spare Jeff Wentworth of San Antonio inserted the bill into another one. Burnam attempted to raise another point of order but was physically blocked from reaching the podium. The bill passed and was signed by the Governor. SAWS purchases conservation easement to protect 7,045 acres On May 24 SAWS Trustees agreed to spend $2.9 million to keep 7,045 acres over the recharge zone in Uvalde county from being developed. The property is known as the Vanham Ranch, and the conservation easement forever restricts development but allows for low-impact activities such as hunting, hiking, nature tours, and agricultural use. SAWS asset manager coordinator Jeff Haby noted the purchase protects the Aquifer because "Development our west in Medina county and Uvalde county - where 70 percent of the recharge zone is - is all going to be septic systems...that potentially could impact our water quality." Voters re-authorize sales tax for Aquifer protection land purchases On May 7 San Antonio voters approved Proposition 1, the re-implementation of a 1/8 cent sales tax to raise funds for purchasing sensitive lands that contribute recharge to the Edwards Aquifer. The measure will generate $90 million and is an extension of Proposition 3, which was a 1/8 cent sales tax approved by voters in 2000 that raised $45 million before it expired. With those funds, 6484 acres of land over the Aquifer were purchased. Voters also approved Proposition 3, which shares the tax increase and will raise $45 million to purchase land along creeks and build linear parks. The measures will expire when the target of $135 million is raised, expected to take about nine years. |
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PGA back in headlines with tax district controversy On April 29 the PGA issue exploded back into the headlines with the revelation that developers were seeking a bill to create a special taxing district that would allow the resort to assess levies and issue bonds. A similar special taxing district was a major source of controversy surrounding the PGA Village proposal that was terminated by developers in May 2004 after three years of rancorous debate. Although there are significant differences in the currently proposed district, the public was largely unaware the potential for such a district was included in the deal that quietly cruised to approval in December 2004. Most believed the city had given the developers a non-annexation agreement instead. Although city and council officials insist they always expected a taxing district on top of the non-annexation agreement, the bill was not introduced until April 25, long after the deadline for filing new bills. Legislators seemed to consider the request an unwelcome surprise. The low-key filing and the association with a long-running development controversy seemed to spell difficulty for the bill. EAA Board votes to overturn western Edwards pipeline ban On April 19 a divided EAA Board voted to try and overturn a controversial ban against building a large pipeline to transfer western Edwards water to San Antonio. There are clearly powerful business and ranching interests who want to see such a pipeline built (see Newsflash below), while other residents in the western Edwards region worry the purchase of large amounts of water by cities would hurt rural economies. Senate Bill 1857 would dissolve Kinney district, add to EAA jurisdiction On April 28 lawmakers in Austin heard testimony on a bill to abolish the Kinney County Groundwater Conservation District and add its area to the jurisdiction of the EAA. The western edge of the Edwards Aquifer runs into Kinney county, and the proposed legislation is the culmination of a bitter battle between landowners who feel shorted by the District and others who claim that local control is necessary to keep water marketers from transporting large volumes to San Antonio. Many landowners are upset with the District for issuing permits that gave landowners far less than what they claimed as their historic or existing use. They allege the District ignored its own rules and the recommendations of a hired expert, Steve Walthour. A number of them have also signed leases with water marketers to export up to half of their permitted volumes, and lower permit volumes mean they would have less to sell. Other residents worry that more pumping would dry up Las Moras Springs and deplete the county's groundwater resources. The bill as filed would recognize the rights as recommended by Walthour. The area of Kinney county in question was originally left out of EAA's jurisdiction because it represents a pool of the Edwards where, unlike the San Antonio pool, well levels are consistently high and exhibit little variability. In the last several years, several corporations have purchased or leased large volumes of water rights in Kinney county and pressured the San Antonio Water System to consider using western Edwards water instead of pursuing other, more expensive options. For more, see the January 2004 Newsflash: Merits of Western Edwards debated. Omnibus water Bill 3 addresses Edwards issues In April the Senate Natural Resources Committee heard testimony on an omnibus water bill that would raise the cap on Edwards pumping to 480,000 acre-feet, establish a water conservation and development fee, set statewide standards for management of groundwater resources, and establish broad-based panels to scientifically determine drought restriction triggers and instream flow requirements. While a higher pumping cap of 480,000 acre-feet would avert the EAA having to buy down water rights to meet the current cap of 450,000 acre-feet, it would also mean drought restrictions would be in place up to 80% of the time. The higher cap would represent a trade-off in which users get more access to Edwards water, but drought restrictions would start when flows at Comal Springs drop to 30 cfs, which generally represents a J-17 index well pressure level of 670 feet above mean sea level. Drought restrictions currently are triggered by a J-17 level of 650. |
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Aquifer pages mark 10 years online ok, this is not really a news story, but this spring marks the 10-year anniversary of the Edwards Aquifer pages. And let's face it...they look 10 years old. This year I will be working on an updated look and interface for the Edwards pages, but there will still be the same emphasis on content over flash, and balance on all issues. They will remain free to all users, and free of ads. Aquifer backers concerned about bills In March, Edwards Aquifer advocates became highly concerned about a number of bills making their way through the current session of the Texas Legislature. One bill would eliminate a city's right to establish water quality protections, effectively undoing the laws San Antonio has passed in this regard, while another would eliminate a city's ability to regulate building density and impervious cover in its extraterritorial jurisdiction. Other bills would strengthen vested development rights and provide that a city could not enforce landscaping, tree, or open space provisions against the holder of a vested permit. There would also be requirements that cities pay landowners when environmental regulations harm their property values. While Aquifer backers were incensed, even developers expressed disbelief that such bills would be proposed or could be passed. Private property rights advocates insisted that landowners have had to bear 100% of the burden of environmental regulations, and the new laws would ensure they are compensated fairly. On March 11 Joe G. Moore, Jr., a giant in the field of environmental protection, passed away at his home in Austin. Moore wrote Texas' first water pollution control laws in the 1960s, served as executive director of the Texas Water Development Board, and was the program director for the National Commission on Water Quality. In the 90s he was appointed by US District Judge Lucius Bunton to serve as a court monitor during the Sierra Club lawsuit against the US Fish and Wildlife Service. This was the landmark case that resulted in the allocation and management of Edwards Aquifer water. Moore also taught for 30 years at the University of Texas in both Austin and Dallas, and was teaching a graduate class in environmental law and public policy at Texas State University in San Marcos. EAA releases draft Habitat Conservation Plan On March 8, after seven years of study, the board of the EAA voted on a draft plan designed to preserve the habitats of endangered and threatened species that depend on the Edwards Aquifer. The plan now goes to the US Fish & Wildlife Service for review, which could take several years. Several groups asked for a delay, including the San Antonio Water System, whose President David Chardavoyne said that while SAWS was supportive of the process, there was "concern this draft is being rushed out the door prior to review by us and others." Downstream interests such as the Guadalupe Basin Coalition expressed concern that pumping limits were left out of the draft and that drought reductions do not ensure spring flows. GBRA Natural Resources Director Todd Votteler said "If the current draft of the habitat conservation plan is approved by the Fish and Wildlife Service, the future for Comal and San Marcos Springs, as well as the Guadalupe River, is bleak." Witte opens water exhibit with Edwards simulation On March 5 the Witte Museum introduced a new exhibit that features a virtual journey through a 100-mile section of the Edwards Aquifer. A simulation theatre is used to take visitors down a sinkhole, through the limestone formation, and out San Marcos Springs! Other exhibits cover the history of water use in San Antonio and topics like wastewater treatment. |
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In February 2005 city staffers noted that with a $1.5 million purchase of 421 acres next to Government Canyon, Proposition 3 monies were essentially gone. Over the last five years the tax has been in place, San Antonio has purchased about 6,500 acres for Aquifer protection. The goal had been 10,000 acres, but rising land prices made that difficult. Voters will decide on reinstating the tax in May. |
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Golf resort plan becomes a done deal On January 4, a divided crowd of about 300 attended the first of two public hearings. Those who spoke in favor of the plan pointed to new jobs and enhanced environmental controls, while opponents complained they had been cut out of the loop. On January 6, after a second public hearing, council voted 10-1 for an ordinance approving the project.
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