1996

January

January 30, 1996 – The Texas Supreme Court agrees to hear a direct appeal of the state district court ruling which declared legislation creating the Authority unconstitutional (see note on October 27, 1995). Oral arguments are scheduled for March 20, 1996.

February

February 12, 1996 – The EUWD declares Stage I of its Demand Management Plan calling for voluntary reductions of 10% in water use. The plan regulates large users in Bexar, Comal and Hays counties (mainly public and private purveyors, and recreational industries). Stage I is declared after springflow at Comal Springs decreased to 250 cubic feet per second (cfs). This is the second time the EUWD calls for voluntary reductions since the plan went into effect in 1992.

February 26, 1996 – The Fifth U.S. Circuit Court of Appeals orders that the remedies requested by the Sierra Club in its lawsuit against the USFWS had been granted and instructs Judge Lucius Bunton to conclude the case promptly (see notes on January 30, 1993 & October 18, 1996). The EUWD declares Stage II of its Demand Management Plan when the flow at Comal Springs decreases to 225 cfs, requiring mandatory reductions of 15% in water use. The plan regulates large users (mainly cities and purveyors). Stage II is declared after 58 days without rain and just 14 days after entering Stage I (voluntary 10% cutbacks). This is the first time the EUWD requires mandatory reductions since the plan was approved in 1992.

March

March 20, 1996 – The Texas Supreme Court hears oral arguments regarding direct appeal of the state district courts ruling declaring the Authority unconstitutional (see notes on October 27, 1995 and January 30, 1996). Oral arguments center on the ripeness of the original lawsuit, property rights and takings of private property without compensation.

May

May 17, 1996 – Consistent with the Fifth U.S. Circuit Court of Appeals Order of February 26, 1996, Judge Lucius Bunton orders the Sierra Club v. Bruce Babbitt lawsuit closed (see note on February 26, 1996).

May 20, 1996 – With the prospects of rain slim and springflow at Comal Springs decreasing to 169 cfs on May 19, 1996, the EUWD declares Stage III of its Demand Management Plan requiring reductions of 20% in water use. This is the first time the Edwards District called for Stage III mandatory reductions since the plan was approved in 1992.

May 23, 1996 – The EUWD declares Stage IV of its Demand Management Plan requiring reductions of 30% in water use as springflow at Comal Springs decreases to 150 cfs. Stage IV is declared only three days after the Districts Stage III declaration. This is the first time the Edwards District calls for Stage IV mandatory reductions since the plan was approved in 1992.

June

June 10, 1996 – The Sierra Club files a new lawsuit, Sierra Club vs. City of San Antonio. et al. against major pumpers of Edwards Aquifer water. The suit names individuals, municipalities and agricultural pumpers served by the aquifer in Bexar, Comal, Hays, Atascosa, Medina, Uvalde and Kinney counties. The lawsuit, filed in U.S. District Court, asks for court-ordered pumping limits to protect endangered and threatened species at Comal and San Marcos Springs, and asks the court to order the Department of Defense to begin the consultation process required by the Endangered Species Act.

June 28, 1996 The EUWD ceases to exist and the Authority begins operations.

August

Judge Lucius Bunton issues an injunction against all pumpers and users of Edwards Aquifer water requiring reductions in groundwater pumping. The injunction is appealed to the U.S. Fifth Circuit Court of Appeals. September All municipal, industrial, and agricultural users of the Edwards Aquifer are required to file a declaration of historical use and request an initial permit by December 31, 1996. The Authority Act mandates this permit.

November

November 5, 1996 – The first election of the Authority Board of Directors is held. Representatives for all fifteen single-member districts are elected.

December

December 19, 1996 – Authority directors adopt Interim Critical Period Management Rules. New water conservation triggers are set. This plan provides the stages for water conservation efforts aimed at slowing the decline of springflow in times of drought.

December 30, 1996 – Deadline for all Edwards Aquifer well owners to turn in permit applications for groundwater withdrawals. Household and livestock wells producing less than 25,000 gallons of water per day are exempt.