Written Explanation of the Intended Purpose of the Proposed Rule or Rule Modification:
Staff Report & Agenda Item Details
2. Written Explanation of the Intended Purpose of the Proposed Rule or Rule Modification: To ensure that the District is protecting groundwater for all permit holders and achieving the DFC, Cockrell requests that the District adopt the Proposed Rule to establish measures that will be implemented when pumping in the District causes unreasonable impacts on permitees. Under section 36.113(d) of the Water Code, the District is required to consider whether use of water unreasonably affects existing resources and permitees when it considers permits. The Proposed Rule requires the District to define unreasonable impacts and implement protections for the benefit of all permitees when pumping of the aquifer creates unreasonable impacts. The seven (7) foot draw-down represents a proactive measurement of the actual impact of production on the aquifer, and is fifty percent (50%) of the planned draw-down over the next 25 years. Fifty percent (50%) of the planned draw-down is an objective measurement intended to identify needed action to ensure that the established DFC will be complied with and remains a viable target by 2050. Proposed New Rule entitled "Unreasonable Impacts": Unreasonable Impacts: In order to help achieve a balance between production and conservation of groundwater resources, and to ensure that the District is able to achieve the Desired Future Condition, the District will consider the impacts to the Edwards Trinity Aquifer to be unreasonable if the average water level of all Monitoring Wells in Management Zone 1 on September 1 of any year is more than seven (7) feet less than the average water level of all Monitoring Wells in Management Zone 1 on September 1, 2018. Action. If the foregoing measurements indicate unreasonable impacts, the District shall: