1993

January

January 30, 1993 – U.S. District Judge Lucius Bunton rules in favor of the plaintiff in the Sierra Club lawsuit and orders: (1) springflow must be maintained; (2) TWC must submit a plan to the court by March 1, 1993 to assure that Comal and San Marcos springs will not drop below jeopardy levels; (3) the USFWS must develop springflow thresholds for take and jeopardy at Comal and San Marcos springs by mid-March 1993, and (4) the Texas State Legislature must put into place a regulatory system to limit withdrawals from the Edwards Aquifer by May 31, 1993.

May

May 30, 1993 – 73rd Texas Legislature adopts SB 1477. The bill creates the Edwards Aquifer Authority (the Authority) with a nine-member appointed board, and abolishes the EUWD and its 12-member elected body. The Authority is authorized to issue permits to regulate groundwater withdrawals from the Edwards Aquifer and implement other management strategies. The Authoritys boundaries include all or parts of eight counties. Historic groundwater users are grandfathered. The Authority will assess user fees on aquifer pumpers. The bill does not affect groundwater in other areas of the state.

August

August 30, 1993 – The U.S. Department of Justice puts the legislation on hold pending review of whether or not it violated the Voting Rights Act by replacing an elected governing body with an appointed board.

November

November 19, 1993 – The U.S. Department of Justice rules that SB 1477 did indeed violate the Voting Rights Act, saying, While...the state sought to assure some minority representation on the Bexar County appointed delegation, under federal law this is not an adequate substitute for existing electoral rights, therefore, dissolving the EUWD and replacing it with the Authority was legally unenforceable.

November 22, 1993 – San Antonio Mayor Nelson Wolff appoints the 2050 Water Resource Committee comprised of citizens in the community. The committee is charged with considering a range of options available in resolving water issues in the area, and submitting a plan to City Council by May 1, 1994.

December

December 30, 1993 – Secretary of State John Hannah contends that the EUWD and Authority can function concurrently. He argues that the EUWDs powers are largely educational, while the Authoritys powers are largely regulatory, therefore conflict would be minimal. The state requests an expedited response from the Justice Department. (See March 24, 1994 for response.)