2000

January

Glenn Bragg and Jolynn Bragg v. Authority. The State Court of Appeals Fourth Judicial District rules in favor of the Authority. State Court of Appeals Fourth Judicial District hold that the trial court did not have jurisdiction to invalidate the EAA’s proposed actions and it erred in concluding the EAA was required to perform takings impact assessments before promulgating rules and proposing action on the Braggs’ permit applications.

Authority directors approve Dr. Daniel Friese as the Authority’s representative to the biological advisory team (BAT) for the Authority’s regional habitat conservation plan (HCP). As required by S.B. No. 1272.

February

To mitigate the impact of low aquifer levels and springflow conditions Authority directors approve 2000 drought contingency measures and extend the 2000 precipitation enhancement program by 60 days. The program will begin March 1, 2000, and end September 30, 2000. Originally, the program was set to begin April 15 and run through September 15, 2000.

The 2000 drought contingency plan contains five elements to provide additional protection for springflows and species:

• Adopting emergency critical period rules.
• Implementing a withdrawal suspension program.
• Using funds for habitat mitigation.
• Using funds for captive propagation.
• Increasing the period for precipitation enhancement activities.
• As presented the total cost of implementing the Drought Contingency Plan for 2000 is $2.45 million.

Authority directors present the second annual A.O. "Odie" Gilliam Agricultural Conservation Award to a Medina County family. Mr. Joe Fohn and his sons David Fohn and Bobby Fohn, share the honor presented during the Authority’s regular February board meeting.

March

Glenn Bragg and Jolynn Bragg v. Authority. In an opinion issued March 20, 2000, the State Court of Appeals Fourth Judicial District denies a motion for rehearing, ending the appeal to that court. The Braggs' have the option of seeking review by the Texas Supreme Court by filing a petition on or before May 4, 2000.

April

The Authority urges all groundwater users in the region to begin voluntary conservation measures to help slow declining aquifer levels at the J-17 Index Well located on Fort Sam Houston in Bexar County.

May

Aquifer levels drop below 650 feet above msl at the J-17 Index Well in San Antonio. Authority directors approve Emergency Drought Management Rules for 2000. Stage 1 restrictions are declared for the San Antonio pool, which includes Bexar County and portions of Comal, Hays, Guadalupe, and Caldwell counties.

June

June 13, 2000, Authority directors approve proposed rules for 31 TEX. ADMIN. CODE, ch. 701, 702, 705, 707 and parts of 709. These proposed rules include provisions that control how the Authority will assess aquifer management fees.

June 27, 2000, at a special board meeting, Authority directors approve proposed rules for 31 TEX. ADMIN. CODE, ch. 711. Chapter 711 controls how the Authority will issue permits regarding groundwater withdrawals from the Edwards Aquifer.

July

Authority directors approve the Final Order Adopting Rules to repeal old rules for 31 TEX. ADMIN. CODE, chs. 701, 703, 705, 707 and 709. This action was necessary due to a 1998 court action invalidating those rules.

Authority directors approve the Final Order Adopting Rule for new 31 TEX. ADMIN. CODE, ch. 703, relating to the Authority’s rulemaking procedures. Authority directors approve Notices of Proposed Rules for 31 TEX. ADMIN. CODE, ch., 701, 702 and 705. These chapters relate to General Provisions, General Definitions, and Jurisdictional Boundaries. These rules will be published in the Texas Register after which the Authority will accept public comments for 30 days. Upon completion of the notice and public comment process, the General Manager will make a recommendation to the board concerning adoption of final rules.

July 25, 2000 – A special board meeting is held where Authority directors approve Notices of Proposed Rules for 31 TEX. ADMIN. CODE, ch 707, parts of ch. 709 and parts of ch. 711. Chapter 707 relates to procedures before the Authority, Chapter 709 controls how the Authority will assess aquifer management fees, and Chapter 711 controls how the Authority will issue permits regarding groundwater withdrawals from the Edwards Aquifer. These rules will be published in the Texas Register on Friday August 11, 2000. The Authority will then accept public comments for 30 days. Five public hearings will be conducted.

Authority directors approve a contract for additional enforcement of the Emergency Drought Management Rules for 2000. Notices of violation will be issued to individuals living outside the municipalities' jurisdictional boundaries. Individuals could face civil penalties from $100 to $10,000 per day per violation.

August

Stage II water restrictions are declared as aquifer levels decline below 640 feet above msl at the J-17 Index Well in San Antonio. The trigger level for entering stage II restrictions is 640 feet above msl at the J-17 Index Well in San Antonio. Restrictions affect the San Antonio pool, which includes Bexar County and portions of Comal, Hays, Guadalupe, and Caldwell counties.

The Emergency Drought Management Rules for 2000 are amended by Authority directors to include a ban on the use of Edwards Aquifer water on landscapes with any type of sprinkler throughout the eight-county Authority region should flow at Comal Springs decline to 150 cfs. This trigger is set by the USFWS as the "jeopardy" level for endangered species living at these springs.

September

September 8, 2000 – The Authority imposes the first-ever region-wide sprinkler restriction because of low flow at Comal Springs. Springflow at Comal Springs is reported by the United State's Geological Survey to be 145 cfs. The restrictions will affect 1.5 million people living within the Authoritys jurisdictional boundaries.

September 12, 2000 – Authority directors extend the 2000 precipitation enhancement program through November 30, 2000.

September 12, 2000 – Low flow at Comal Springs triggers water quality testing. The testing is enacted whenever springflow at Comal Springs declines below 150 cfs. The project was last activated in 1996.

September 12, 2000 – Because of low flow at Comal Springs, Authority directors approve critical period monitoring of the upper San Marcos Springs/River and the Comal Springs/River aquatic ecosystems. The data from this study will be used to aid in the development of the Authority's HCP.

September 21, 2000, the Authority lifts region-wide restrictions regarding the use of Edwards Aquifer groundwater for landscape watering with sprinklers. Springflow at Comal Springs is reported by the United State's Geological Survey to be 179 cfs.

October

Authority directors adopt final rules for 31 TEX. ADMIN. CODE, chs. 701, 702, 705, 707, 709 (Subchapter A relating to definitions, Subchapter B relating to registration fees, Subchapter C relating to permit application fees and Subchapter D relating to Aquifer Management Fees) and ch. 711 (Subchapter A relating to definitions, Subchapter E relating to permitted wells, Subchapter F relating to standard groundwater withdrawal conditions, Subchapter G relating to groundwater available for permitting, proportional adjustment, and equal percentage reduction and Subchapter I relating to General Prohibitions). Chapter 701 relates to general provisions, Chapter 702 relates to general definitions, Chapter 705 relates to the Authority’s jurisdiction, Chapter 707 relates to procedures before the Authority, Chapter 709 controls how the Authority will assess aquifer management fees, and Chapter 711 controls how the Authority will issue permits for withdrawals from the Edwards Aquifer. These rules will become effective 20 days after the date of submission to the Secretary of State's office.

October 13, 2000 – the Authority lifts Stage II restrictions of the Emergency Drought Management Rules for 2000 for all of Bexar County and portions of Comal, Hays, Guadalupe, and Caldwell counties within the Authority's jurisdiction. Stage I restrictions remain in place for these same counties.

November

November 6, 2000 – The Authority lifts all emergency drought restrictions regarding the use of Edwards Aquifer water in the region.

November 7, 2000 – Final rules for the Authoritys groundwater withdrawal permit program become effective.

November 7, 2000 – Representatives for the seven, even-numbered single-member districts are elected to the Authoritys board of directors.

On November 9, 2000, Authority staff proposes initial regular permits. Proposals to grant or deny permits, based on historical use, are issued to 1,084 municipal, industrial and irrigation applicants. The deadline for an applicant to file a protest on either their proposed permit or another applicant’s proposed permit is 4:30 p.m., Monday, December 18, 2000. Board action to approve uncontested permits is scheduled for the January 9, 2001 regular board meeting to be held in Hondo, Texas.

November 30, 2000 – The Texas Supreme Court denies Glenn and Jolynn Braggs' petition for review in the case of Glenn Bragg and Jolynn Bragg v. Authority. This ruling means that the Texas Supreme Court has allowed the judgment and the opinion of the Fourth Court of Appeals to stand.

December

The board adopts rules for 31 TEX. ADMIN. CODE, ch. 711, Subchapters C, D, H, K, L, & M. Chapter 711 deals with groundwater withdrawal permits and these subchapters deal with exempt wells, interim authorization, permit abandonment, additional groundwater supplies, permit transfers, and water well meters, alternative measuring methods and reporting. These rules will become effective 20 days after the date of submission to the Secretary of State's office.

Glenn Bragg and Jolynn Bragg v. Authority. The Braggs file a motion for rehearing. Texas Supreme Court orders parties to file briefs on motion.