2002

January

January 8, 2002 – The regular monthly meeting of the Authority Board of Directors is held in Uvalde, Texas. The meeting in Uvalde 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.

January 8, 2002 – Authority directors approve a resolution to amend aquifer management fees charged to agricultural users for 2001, to conform with changes made to the Authority Act during the 77th Session of the Texas State Legislature. This change became effective September 1, 2001, and limited aquifer management fees for agricultural users to no more than $2 per acre-foot. The resolution adopted by Authority directors states that all irrigation agricultural users will be billed at $3.00 per acre-foot for all base irrigation groundwater actually withdrawn prior to September 1, 2001, at $4.60 per acre-foot for all unrestricted irrigation groundwater actually withdrawn before September 1, 2001, and at $2.00 per acre-foot for all groundwater withdrawn after September 1, 2001. In addition, the legislature also amended the Authority Act to provide a definition of "agricultural use" and "nursery grower," thereby changing their fee classification from "industrial use" to "agricultural use," as of September 1.

January 8, 2002 Dr. William Woodley, Woodley Weather Consultants, presents a report to Authority directors on the effectiveness of the Authority's 1999 and 2000 precipitation enhancement programs. The analysis of the programs includes the evaluation of radar data, rainfall data, and satellite imagery. This final draft report states that the Authority's program produced approximately 91,000 acre-feet of enhanced rainfall in 1999 and 2000, at a total cost of $1,011,400. The resulting cost of the additional water is slightly greater than $11 per acre-foot. An initial report due in June will include an evaluation of the Authority's 2001 program.

January 8, 2002 Michael D. Beldon, board chairman, announces the chairmen for the 2002 board committees. Committee chairmen are: Executive Committee - Michael D. Beldon, District 4, Bexar County; Aquifer Management Planning Committee - Ken Barnes, District 10, Hays County; Finance/Administrative Committee - Doug Miller, District 9, Comal and Guadalupe counties; Permits Committee - Luana Buckner, District 13, Medina and Atascosa counties; Research & Technology Committee - Susan Hughes, District 6, Bexar County; Ad Hoc Committee on Land Acquisition - Rafael Zendejas, District 5, Bexar County; and Ad Hoc Committee on Withdrawal Limit Compliance - Bob Keith, Appointed Director, South Central Texas Water Advisory Committee.

February

February 6, 2002 – A fact-finding forum sponsored by the Authority is held in San Antonio City Council Chambers, regarding the proposed PGA Village project. Presentations are given on the proposed development and development agreement from Authority staff and general counsel, and representatives from Lumbermen's Investment Corporation, the Professional Golfers Association, the City of San Antonio, Smart Growth Coalition, George Veni & Associates, San Antonio Water System, and the TNRCC.

Authority directors receive a presentation from Authority staff on the status of the demand management/critical period management option analysis. The Authority's Chief Technical Officer, Geary Schindel presents information regarding the analyses performed to evaluate management options recommended for the Demand Management/Critical Period Management Plan. The options presented include reductions of 10% at 650' above msl 15% at 640' msl and 20% beginning at 630' msl. Emergency springflow protection measures of 30% would be implemented when aquifer levels at the J -17 index well in San Antonio decline to 630' above msl. Authority directors direct staff to draft demand management/critical period management rules with these options and draft an alternate set of rules using reductions of 5%, 10%, and 15% beginning at 650' above msl.

Directors approve a draft of the 2002-2006 Strategic Plan. Public meetings will be scheduled to receive public comment.

Fifteen initial regular permits are approved for applicants who filed requests for contested case hearings. After further review of the applicants' files all parties agreed the applicants provided the necessary supporting documentation, and permits representing 29,806.47 acre-feet of Edwards groundwater were approved.

An omnibus final order is approved for initial regular permits for 23 applicants not requesting a contested case hearing. These 23 permits represent approximately 8,400 acre-feet of Edwards groundwater withdrawal rights.

A $90,000 agricultural water conservation loan is approved for Mr. Robert O. Coleman. The agricultural water conservation loan program provides low-interest loans to farmers for the purchase of water saving irrigation equipment.

Weir Labatt, Director District 3, Bexar County, resigns his position on the Authority board to assume a position on the Texas Water Development Board. Mr. Labatt had served on the Authority board since 1996.

The Texas Supreme Court issues its unanimous opinion in the case entitled Glenn and JoLynn Bragg v. Authority. In this opinion, the state’s highest court affirmed the judgment of the Fourth Court of Appeals issued in January 2000 and ruled that actions of the Authority are exempt from the requirement to prepare a Takings Impact Assessment required by the Texas Private Real Property Rights Preservation Act.

Authority directors hold a special board meeting to approve comments to the City of San Antonio regarding a draft water quality-monitoring plan outline for the proposed PGA Village Project.

March

An omnibus final order is approved for two initial regular permits representing approximately 1,863 acre-feet of Edwards groundwater withdrawal rights.

Three applications, totaling approximately 940 acre-feet, to transfer the use of these groundwater rights from west of Cibolo Creek to points east of the creek are approved. Cibolo Creek 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.

The Authority in cooperation with the New Braunfels Utilities and the New Braunfels Parks and Recreation Department conducts its first tracer test on Comal Springs. Small quantities of non-toxic dye are injected into two wells to study Edwards Aquifer flowpaths.

April

The Authority presents the fourth annual A.O. “Odie” Gilliam Agricultural Conservation Award to Mr. Lawrence Friesenhahn, a Uvalde County irrigator. Through his use of conservation tillage, low energy sprinkler application (LESA) and crop rotation Mr. Friesenhahn has reduced his water usage by 40%.

Contracts are approved for the 2002 - 2004 precipitation enhancement program. The South Texas Weather Modification Association and the Southwest Texas Rain Enhancement Program will conduct the Authority's program. The precipitation enhancement program will occur in Bexar, Bandera, Medina, and Uvalde counties.

An omnibus final order is approved for three initial regular permits representing approximately 800 acre-feet of Edwards Aquifer groundwater withdrawal rights.

Authority directors approve the 2002-2006 Strategic Plan.

May

Glenn and JoLynn Bragg v. Authority. The Supreme Court of Texas denies a motion for rehearing in this case. This order effectively ends this litigation by the Braggs.

Proposed Rules for AUTHORITY RULES chs. 701 (General Provisions), 702 (General Definitions), 705 (Jurisdiction of the Authority), 707 (Procedure before the Authority), 709 (Fees), and 711 (Groundwater Withdrawal Permits) are approved. These rules will be submitted for public comment.

Proposed Rules for ch. 713, subchs. A (definitions) and G (Recharge Zone Protection), which generally address the Phase I water quality rules related to the construction of underground and above ground storage tanks on the recharge zone, and ch. 715, subchapters A (definition and D (Demand Management and Critical Period Management) are approved. These rules will be assessed for their possible economic and environmental impacts, and will simultaneously be submitted for public comment.

Initial regular permits are approved for four applicants who had previously filed protests on their proposed permits representing 2,025.50 acre-feet of Edwards groundwater.

An omnibus final order approving two initial regular permits representing approximately 72.39 acre-feet of Edwards groundwater withdrawal rights is approved.

Mrs. Rita Ellis Banda, Director District 8, Comal County, resigns her position on the Authority board. Mrs. Banda has served on the Authority board since 1996.

A joint funding agreement between the Authority and the United States Geological Survey to perform airborne geophysical mapping of the Edwards Aquifer in northern Medina and Uvalde counties is approved. The purpose of this study is to better understand the relationship between groundwater movement and geologic structure in the vicinity of Seco Creek.

June

Proposed Rules for AUTHORITY RULES ch. 713, subchs. A (definitions) B (General Provisions), C (well Construction, Operation, and Maintenance) and D (Abandoned Wells and Well Closures) are approved. These rules will be assessed for their possible economic and environmental impacts, and be submitted for public comment.

Initial regular permits for three applicants who had previously filed protests on their proposed permits are approved. These permits represent approximately 670 acre-feet of Edwards groundwater.

An omnibus final order approving three initial regular permits representing approximately 1,230 acre-feet of Edwards groundwater withdrawal rights is approved.

The Authority urges all Edwards Aquifer users to begin voluntary conservation throughout the region to help slow declining water levels at the J-17 Index Well. The J-17 well is the indicator of the water level in the Edwards Aquifer for the San Antonio region.

The Authority launches the 2002 precipitation enhancement program. This year is the fourth year of the program. Approximate cost of the program is $390,000.

July

The regular monthly meeting of the Authority Board of Directors is held in New Braunfels, Texas. The meeting in New Braunfels 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.

Col. Gil Coronado, USAF (Ret.) is selected by the board to serve the constituents of District 3 until the next general election in November 2002. Col. Coronado is a native of San Antonio and retired from the military in 1989. Col. Coronado was also appointed by President Bill Clinton as Director of the United States Selective Service. Col. Coronado served as Director of the United States Selective Service from 1992 through 2001.

Authority directors approve two Proposals for Decision (PFD) brought to them by the State Office of Administrative Hearings (SOAH). These two PFD's recommend the board not grant applications for Mr. John Delgado and Mr. Steve Gerdes. These protested permit matters were referred to SOAH in 2001. These actions by the board represent the first time the board has exercised the judicial authority granted to it by the Texas Legislature. The applicants may appeal the board's decision to a state district court.

Proposed Rules for AUTHORITY RULES ch. 715 (Comprehensive Water Management Plan Implementation Rules) are approved. These rules will require permittees to implement water conservation throughout the region. Authority directors approve Proposed Rules for AUTHORITY RULES ch. 711, subch. J (Aquifer, Recharge Storage and Recovery). These rules address adding more water into the aquifer and how that water can be recaptured for later use. These rules will be assessed for their possible economic and environmental impacts, and submitted for public comment.

Dr. William Woodley, Woodley Weather Consultants, presents a technical briefing on the effectiveness of the Authority's precipitation enhancement program for 1999 through 2001. The analysis of the programs includes the evaluation of radar data, rainfall data and satellite imagery. Dr. Woodley estimates the total rainfall benefit to the Edwards Aquifer region for this period is approximately 179,000 acre-feet.

Initial regular permits are approved for seven applicants who had previously filed protests on their proposed permits representing approximately 4,169 acre-feet of Edwards Aquifer groundwater withdrawal rights.

August

Mr. Gary Henry of New Braunfels is appointed as Comal County Director - District 8. Mr. Henry is selected by the board to serve the constituents of District 8 until the next general election in November 2002. Mr. Henry is a 21-year resident of New Braunfels, and is the President of Waterpark Management, Inc. (Schlitterbahn).

A compromise and settlement agreement is approved for Ronnie Pucek Jr., Living Waters Artesian Springs, Ltd., (the catfish farm). The agreement is for an initial regular permit in the amount of 22,500 acre-feet of Edwards groundwater. Living Waters Artesian Springs, Ltd., had claimed maximum historical use of 46,483 acre-feet per year.

Twelve initial regular permits for applicants who previously filed protests on their proposed permits representing approximately 30,039 acre-feet of Edwards groundwater are approved.

An omnibus final order approving four initial regular permits representing approximately 1,934 acre-feet of Edwards Aquifer groundwater withdrawal rights is approved.

Proposed Rules for AUTHORITY RULES ch. 711, subch. N (Groundwater Trust) are approved. These rules will allow the Authority to purchase or lease groundwater withdrawal rights, and either makes them available to small industries or hold them in trust as a means to reduce aquifer demand. The Groundwater Trust is an account of groundwater withdrawal permits held in trust and administered by the Authority. These rules will be assessed for their possible economic and environmental impacts, and submitted for public comment.

Fifteen candidates apply for a place on the ballot for the Tuesday, November 5, 2002, election to the Authority board of directors.

September

Amendments to six existing chapters of AUTHORITY RULES are approved. These chapters include general provisions, general definitions, jurisdiction of the Authority, procedure before the Authority, fees and groundwater withdrawal permits. These amendments become effective on September 20, 2002.

An agreed final order for an initial regular permit to Bexar Metropolitan Water District is approved. This permit represents approximately 1,400 acre-feet of Edwards groundwater.

An omnibus final order is approved for an initial regular permit for Mr. Virgil Boll representing 778 acre-feet of Edwards Aquifer groundwater withdrawal rights.

Authority directors approve one Proposal for Decision (PFD) brought to them by the State Office of Administrative Hearings (SOAH). In this PFD, an administrative law judge recommends the board not grant the application for Mr. Scott Petty, Jr., John Petty, Susan P. Armin and Mr. Scott J. Petty. This protested matter was referred to SOAH in 2001. The application is denied because the applicant did not own and operate a well during the historical period from 1972 - 1993. The applicant may appeal the board's decision to a state district court.

Authority directors refer the next set of permit protests to SOAH. This set includes fourteen contested permit proposals to be heard by SOAH to propose a final action on each application to the board.

October

Authority directors approve tighter restrictions for petroleum storage tanks located on the Edwards Aquifer Recharge Zone. AUTHORITY RULES, ch.713 (Water Quality) addresses installation of underground and aboveground storage tanks. These rules become effective on October 18, 2002. This action is the first step the Authority takes to address water quality issues in the Edwards Aquifer.

An agreed final order for 16 initial regular permits for applicants representing approximately 11,675 acre-feet of Edwards Aquifer groundwater withdrawal rights is approved.

An omnibus final order is approved for 5 initial regular permits representing approximately 778 acre-feet of Edwards Aquifer groundwater withdrawal rights.

Authority directors approve two Proposals for Decision (PFD) brought to them by the State Office of Administrative Hearings (SOAH). In these PFDs, an administrative law judge recommends the board not grant the groundwater permit applications for Mr. Charles M. Brown, and Mr. Robert J. Shulte. Both permit applications are denied because they were not timely filed. These protested permit matters were referred to SOAH in 2001. The applicants may appeal the board's decision to a state district court.

Authority directors refer another four groundwater withdrawal permits permit protests to SOAH. These protests will be heard by SOAH to propose a final action on each application to the board.

The board adopts a resolution declaring unopposed candidates elected to office from five single-member districts within the boundaries of the Authority.

A $125,000 conservation easement agreement is approved between the Authority and the City of San Antonio for the 78.7 -acre Thrift Ranch II tract. This undeveloped property is located on the Edwards Aquifer Contributing Zone in northwest Bexar County. The purpose of the conservation easement is to ensure the property will remain in a substantially undisturbed natural condition, protected from residential, industrial, or commercial development.

November

Authority directors adopt Demand Management/Critical Period Management (DM/CPM) rules. These rules generally address staged reductions for aquifer withdrawals during periods of low aquifer conditions. The DM/CPM rules become effective November 22, 2002. The new regulations require municipal and industrial users to submit quarterly pumping allocation schedules by January 1, 2003. Irrigators must submit schedules by February 1, 2003. DM/CPM reductions would only occur if aquifer trigger levels are reached. Reductions of 5%, 10%, 15%, and 23% of a pumper's authorized use are required in Stage I, II, III, and IV, respectively. Reductions for irrigators will only occur under Stage III and Stage IV conditions, and municipal and industrial users are responsible for determining how they achieve the required reductions.

Authority directors approve a $12.2 million 2003 operating budget. The 2003 budget requires an aquifer management fee of $29 per acre-foot for all non-agricultural users, up $4 per acre-foot from 2002. The aquifer management fee for agricultural users was limited by the 77th Texas Legislature to no more than $2 per acre-foot.

An agreed final order for five initial regular permits for applicants who had previously filed protests on their proposed permits is approved. This agreed final order represents approximately 1,500 acre-feet of Edwards groundwater.

An omnibus final order is approved for five initial regular permits representing approximately 3,400 acre-feet of Edwards Aquifer groundwater withdrawal rights. Directors also voted to deny a permit to one applicant.

Three applications, totaling 88 acre-feet, to transfer the use of groundwater rights from west of Cibolo Creek to points east of the creek are approved. Cibolo Creek 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.

A $157,750 contract is approved with LBG-Guyton Associates to perform further evaluation of the concept of springflow augmentation at Comal and San Marcos springs. The concept of springflow augmentation consists of some means, yet to be identified, of providing additional water to maintain habitat for species within the aquatic ecosystems associated with the springs. Augmentation represents the last attempt to maintain habit in the wild if other water management programs are unable to maintain springflow in a severe drought condition. The objective of augmentation is to introduce water directly into habitat areas in the vicinity of the springs. Further study of springflow augmentation is one of the board-approved Optimization Technical Studies of the Edwards Aquifer Optimization Program.

December

The Oath of Office Ceremony is held for directors elected Tuesday, November 5, 2002. The Honorable Sandee Bryan Marion, Justice, Court of Appeals, Fourth District, State of Texas, administers the Oath of Office.

Authority directors elect the following officers for 2003: 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. Luana T. Buckner, District 13 (Medina/Atascosa counties), as Secretary. Mr. Rafael Zendejas, District 5 (Bexar County) was also selected as the At-Large Member to the Executive Committee.

A conservation easement agreement between the Authority and Bat Conservation International, Inc. (BCI) for a 622-acre portion of the Reeh Ranch is approved. The undeveloped property is located on the Edwards Aquifer Recharge Zone. BCI is acquiring approximately 697 acres of the 2,165-acre Reeh Ranch to ensure the area around Bracken Bat Cave remains undeveloped.

An agreed final order is approved for three initial regular permits for applicants who had previously filed protests on their proposed permits. This agreed final order represents approximately 1,193 acre-feet of Edwards Aquifer groundwater withdrawal rights.

Seven applications, totaling approximately 1,081 acre-feet, to transfer the use of groundwater rights from west of Cibolo Creek to points east of the creek are approved. Cibolo Creek 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.