Second Petition

Staff Report & Agenda Item Details

II. Second Petition A. Proposed New Rule (defining “Unreasonable Impacts”) Summary of Proposed Definition and Proposed Regulatory Program Summary of Current MPGCD Rules, Regulatory Program and Research creates a new definition: “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” MPGCD’s existing rules address: “unreasonable effects” on existing groundwater and surface water resources or existing permit holders during permitting (see § 36.113(d), Section 11 of Rules) statutory “impacts” during DFC-setting process (see § 36.118(d), Section 17 of Rules) premature to establish a bright-line threshold (A) prior to completion of ongoing research project and (B) without evidence of a need based on historical and real-time data from MPGCD’s extensive well-monitoring program… …as deliberated by Board in February, March and April 2024 (see minutes, especially March 18th Board meeting) 6 of 7 PREPARED BY LLOYD GOSSELINK, P.C.