Proposed aquifer pumping rules concern downstream interests

November 2003

U.S. Water News Online

AUSTIN -- Increased pumping from the groundwater reservoir that feeds Texas' largest springs is under review by regulators, but the idea is raising concerns from some downstream cities and suppliers.

The Edwards Aquifer Authority, created by the Texas Legislature to regulate pumping from the aquifer, is accepting public comment through Dec. 8. Directors could adopt the plan on Dec. 16, with the rules taking effect just before year's end.

The Legislature capped pumping at 450,000 acre feet a year as a result of a lawsuit to protect endangered species supported by the aquifer and to encourage San Antonio officials not to continue using the reservoir as the city's main water source. But permits issued by the Edwards Aquifer Authority would soon allow for about 560,000 acre feet of pumping per year.

Although state law limits the amount of water that can be pumped from the aquifer in a year, it also instructs the authority to approve water permits by municipalities and farmers that, when totaled, require enough pumping to exceed that limit.

The largest aquifer outlets are the Comal and San Marcos springs in New Braunfels and San Marcos. Officials in both cities say increased pumping could make their springs go dry and endanger the flow of water into rivers that are essential for tourism and recreation.

``Any more drawdown could get really critical for us,'' said New Braunfels City Manager Chuck Pinto.

Pumping from the aquifer, which covers an 11-county area, has not exceeded the 450,000 acre feet annual cap since the aquifer authority was formed in 1996. Aquifer officials stress that groundwater users usually do not pump the maximum.

If the aquifer authority reduced permit amounts across the board to stay below 450,000 acre feet, it would have to compensate pumpers for what their permits allow, said Greg Ellis, the authority's general manager.

``We don't have any money to pay that compensation,'' he said.

A group representing downstream interests, the Guadalupe Basin Coalition, asked the aquifer board to propose across-the-board reductions in permitting rights. San Marcos City Attorney Mark Taylor said the coalition does not believe the authority should have to pay users for reductions in their permit amounts because the decreased supply would make the water that is pumped more valuable.

``We think the aquifer region has to come to terms with some self-discipline and the need to decrease our reliance on the Edwards in order to protect spring flow,'' he said.

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