2001

January

January 9, 2001 – Authority directors issue the first initial regular groundwater withdrawal permit to the Stein Family, irrigators in Medina County. The Stein’s drilled one of the first irrigation wells in Medina County in 1955 and the family has continuously irrigated since that time. The board also adopts an omnibus final order granting applications for uncontested initial regular permits and issuing initial regular permits for groundwater withdrawals to over 306 applicants representing approximately 133,000 acre-feet of groundwater. The board also denies 161 uncontested applications for initial regular permits.

January 9, 2001, final rules for 31 TEX. ADMIN. CODE, ch., 711, Subchapters C, D, H, K, L, & M become effective. These subchapters deal with exempt wells, interim authorization, permit abandonment, additional groundwater supplies, permit transfers, and water well meters, alternative measuring methods and reporting.

February

Authority directors approve 77 initial regular permits for groundwater withdrawals representing approximately 36,000 acre-feet of Edwards Aquifer water. The board also denies two uncontested applications for initial regular permits.

Authority directors approve a contract with Weather Modification, Inc., to conduct the 2001 precipitation enhancement program. The program will begin April 15 and run through September 15, 2001. The Authority is eligible to receive up to $286,734 in reimbursement from the Texas Natural Resource Conservation Commission (TNRCC) for eligible expenses associated with the 2001 program.

March

The Legislative Oversight Committee of the Authority meets during the 77th session of the Texas Legislature. This meeting marked the first time the oversight committee has convened since the agency was created.

Authority directors approve 31 initial regular permits for groundwater withdrawals representing approximately 14,428 acre-feet of Edwards Aquifer water.

Authority directors approve the Authority's 30-year water supply plan as a component of the comprehensive water management plan.

Authority directors present the third Annual A. O. “Odie” Gilliam Agricultural Water Conservation Award to two Medina County irrigators. Brothers Curtis and Nelson Boehme are honored for their efforts to conserve Edwards Aquifer groundwater with the use of pivot systems. The Boehme's have reduced their water usage by 50%.

April

Authority directors approve 13 initial regular permits for groundwater withdrawals representing approximately 1,600 acre-feet of Edwards Aquifer water.

May

Authority directors approve comments to TNRCC on rules for 30 TEX. ADMIN. CODE, CH. 213 (Edwards Aquifer Protection Program). These comments, provided to the TNRCC as part of their annual review of rules concerning aquifer protection, include a recommendation to prohibit new petroleum storage tanks over the recharge zone.

The 77th Session of the Texas Legislature passes Senate Bill No. 2 that included amendments to the Authority's enabling statute. Below is a synopsis of the changes to the Act in Senate Bill No. 2.

1. Added Sec. 1.115 to the Act to establish special rulemaking procedures (including special procedures for emergency rulemaking).
2. Amended Sec. 1.15 of the Act to specify that the EAA "shall conduct a contested case hearing on a permit application if a person with a personal justifiable interest related to the application requests a hearing on the application." It also directs the EAA to "adopt rules establishing procedures for contested case hearings consistent with Subchapters C, D, and F" of the Administrative Procedures Act.
3. Repealed Sec. 1.11(h) and Sec. 1.41(e).
4. Clarified that these amendments shall not be construed as repealing the applicability of the Open Meetings Act or the Public Information Act as to the EAA.
5. Clarified that EAA rules adopted before the effective date of this legislation are in effect until repealed, amended, or re-adopted.
6. Directed the Secretary of State to delete 31 TAC Part 20 (previously adopted EAA rules).
7. Added a definition of "agricultural use" to the Act to include irrigation, horticulture, silviculture, and wildlife management. This definition would be consistent with the definitions used in the Water Code and Agriculture Code.
8. Added a definition of the term "nursery grower" to the Act.
9. Amended Sec. 1.29 of the Act (Fees) to specify that "[t]he fee rate for agricultural use shall be based on the volume of water withdrawn and may not be more than $2 per acre foot.
10. Added a subsection (e) to Sec. 1.44 of the Act (Cooperative Contracts for Artificial Recharge) stating that "[t]he authority may contract for injection or artificial recharge under this section only if a provision is made for protecting and maintaining the quality of groundwater in the receiving part of the aquifer and: (1) the water used for artificial recharge is groundwater withdrawn from the aquifer; or (2) the water is recharged through a natural recharge feature."

June

Authority directors approve a contract with Woodley Weather Consultants to evaluate the effectiveness of the Authority's 1999 - 2001 precipitation enhancement program. The Authority initiated a precipitation enhancement program in the Edwards Aquifer region in spring 1999.

The Authority celebrates its five-year anniversary with a reception acknowledging its achievements of the last five years.

July

July 10, 2001 The regular monthly meeting of the Authority Board of Directors is held in San Marcos. The meeting in San Marcos fulfills a commitment made by the board of directors to the region to hold at least two monthly meetings each year outside of the Authority office in San Antonio.

July 10, 2001 The Authority retains MGT of America, Inc., to develop a strategic and operational plan for the Authority. The desired outcome of the strategic planning process is a clear road-map for Authority staff that reflects the policy direction and will of the board of directors.

August

Authority directors approve initial regular permits for 4 applicants, representing 335.39 acre-feet of Edwards groundwater.

Authority directors receive a report from Authority General Manager Gregory M. Ellis regarding the water supply contamination at Randolph Air Force Base. Mr. Ellis reports on clean-up efforts at the base and the results of initial water quality samples.

Authority directors interview three candidates for the Bexar County Director - District 2 position vacated by John H. Sanders after his election to the San Antonio City Council. After a brief interview with each candidate, Dr. Levi Jackson, III is selected by the board to serve the constituents of District 2 until the next general election in November 2002. Dr. Jackson is a native of San Antonio and serves as Chairman of the Counseling Department at St. Phillip's College.

September

September 11, 2001 – The regular monthly board meeting of the Authority scheduled at 4 PM is cancelled immediately after the September 11, 2001 terrorist attacks in New York City and Washington D.C. A special board meeting is scheduled for 1:30 PM, Tuesday, September 25, 2001.

September 7-9, 2001 – Authority Staff presents the 2002 - 2006 Strategic Plan to the board at their annual board work session.  Strategic Plan to the board at their annual board work session. The plan is organized into the following seven functional areas, derived from the Authority Act:

Groundwater Withdrawal Permit Program
Planning,
Research,
Water Quality,
Enforcement and Compliance,
Public Affairs, and
Administrative

The strategic plan includes seven appendices. Appendix One is the graphic historical map developed by the board at the weekend work session. Appendix Two is a detailed implementation matrix for the strategic plan, organized by the seven functional areas listed above. The matrix lists each strategy (i.e., action) to be undertaken by the Authority and the time period and resources (including new personnel) required. Appendix Three illustrates the multiple planning processes that affect the Authority. Appendix Four is the Optimization Technical Studies schedule. Appendix Five is the Authority’s rulemaking schedule. Appendix Six outlines the personnel implications of the strategic plan. To provide a comparative perspective, Appendix Seven of this strategic plan includes some benchmarking information, including a comparison of the Authority to select Texas River authorities, and an overview of the Southwest Florida Water Management District.

September 20-21, 2001 – The Authority hosts its first water symposium addressing management issues of the Edwards Aquifer region. The event "From Sole Source to Integrated Resource: Water Management in the Edwards Aquifer Region, is held in San Antonio, Texas. The symposium offers the most recent information on the progress of developing long-term water supplies, conservation efforts, water resource integration, endangered species mitigation, weather modification, and regulations development.

September 25, 2001 – Authority directors agree to a list of parameters for Authority staff to use as they develop a new drought management plan. The board requests staff provide a plan that includes: water restrictions when aquifer levels decline to 650 feet above msl at the Bexar County Index Well (J-17); year-round lawn watering restrictions; and inverted block pricing to make water more expensive as a customer uses more.

September 25, 2001 – Authority General Manager Gregory M. Ellis presents the 2002 Proposed Operating Budget to the board. A series of public meetings are scheduled throughout the region giving the public an opportunity to comment on the proposed 2002 budget.

September 25, 2001 The Oath of Office is administered to Levi Jackson, III Ph.D. to fill the District 2 - Bexar County position. Dr. Jackson will serve the constituents of District 2 until the next general election in November 2002. Dr. Jackson is a resident of San Antonio and is Chairmen of the Counseling department at St. Phillip's College.

September 25, 2001 – Authority directors authorize the general manager to evaluate a land acquisition opportunity in Hays County. The 338-acre parcel of land is located on the recharge zone west of San Marcos in Hays County. The City of San Marcos is requesting $500,000 from the Authority for this purchase.

September 25, 2001 – Authority directors approve initial regular permits for 10 applicants, representing 2,853.88 acre-feet of Edwards groundwater.

October

Glenn and Jolynn Bragg v. Edwards Aquifer Authority. The Supreme Court of Texas agrees to hear the oral arguments in this case after receiving a petition from Glenn and Jolynn Bragg following the January 2000 decision of the Fourth Court of Appeals ruling in favor of the Authority.

Public meetings are scheduled throughout the region giving the public an opportunity to comment on the $13.2 dollar proposed 2002 budget.

Authority directors approve initial regular permits for 8 applicants, representing 1,409.39 acre-feet of Edwards Aquifer groundwater withdrawal rights.

November

Authority directors approve the agency's 2002-operating budget. The $12.8 million budget will require an aquifer management fee of $25 per acre-foot for all municipal and industrial users, up $2 per acre-foot from 2001. The aquifer management fee for agricultural users was limited by the 77th Texas Legislature to no more than $2 per acre-foot.

Authority directors refer twenty-four permit proposal protests to the State Office of Administrative Hearings (SOAH). An administrative law judge will make a determination on these contested cases and propose a final permit to the board. Directors also approve contracts with five law firms to represent Authority staff in the contested case hearing process.

Authority directors approve twenty-six initial regular permits representing 6,678 acre-feet of Edwards groundwater withdrawal rights.

Authority directors approve the staff evaluation of the 326-acre San Marcos Regional Park Preserve and instruct the general manager to negotiate a conservation easement on the property in an amount not to exceed $500,000.

Authority directors approve Proposed Rules for AUTHORITY RULES ch. 703 (Rulemaking Procedures). These rules will be published in the Texas Register and the Authority will then accept public comments for 45 days. Public hearings will be held throughout the region and upon completion of the notice and public comment process; the General Manager will make a recommendation to the board concerning adoption of final rules.

December

December 11, 2001 – Authority directors elect the following officers for 2002: Mr. Michael D. Beldon, District 4 (Bexar County), as Chairman; Mr. W. Bailey Barton, District 11 (Hays/Caldwell counties), as Vice Chairman; Mr. Douglas R. Miller, District 9 (Comal/Guadalupe counties), as Treasurer; and Ms. Susan K. Hughes, District 6 (Bexar County), as Secretary. Ms. Luana T. Buckner, District 13 (Medina/Atascosa counties), was also selected as the At-Large Member to the Executive Committee.

December 11, 2001 – Authority directors approve a $100,000 interlocal contract between the Authority and SOAH for one year to conduct initial regular permit contested case hearings.

December 11, 2001 – Authority directors approve a $500,000 conservation easement agreement with the City of San Marcos. The 326-acre San Marcos Regional Park Preserve Phase II property, is an environmentally sensitive parcel located over the Edwards Aquifer Recharge Zone. For its contribution, the Authority receives a conservation easement that will prohibit development on the property.

December 11, 2001 – The board issues 17 groundwater withdrawal permits, representing 9,437.804 acre-feet of groundwater withdrawal rights.

December 11, 2001 – The Authority directors approve 14 applications, totaling 198.000 acre-feet, to transfer the use of groundwater withdrawal rights from west of Cibolo Creek to points east of the creek. This action represents the first time the board has allowed the transfer of use of these rights across Cibolo Creek, which is considered the dividing line between the western and eastern portions of the aquifer, and separates that portion of the aquifer most immediately affecting the flow at Comal Springs.