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EAA adopts emergency rules, revises drought triggers On December 11 the Edwards Aquifer Authority adopted emergency rules that substantially revise drought trigger levels and associated cutbacks in Aquifer pumpage, thereby enacting rule changes mandated by the Texas Legislature. The trigger-level changes are the flip-side of a compromise that raised the overall pumping cap and resolved the conundrum over pumping and issuance of rights that was built into the initial EAA legislation (see June NewsFlash). The new trigger levels prescribe larger cutbacks at higher J-17 and springflow levels than before, but the rules also eliminated the "junior/senior" permitting scheme that involved a portion of user's rights being sometimes unavailable, so most permit holders felt their situation was not much changed. The next drought is bound to bring confusion because the new trigger levels adopted by the EAA are different than those used by the major municipalities such as San Antonio. SAWS water officials indicated they would not seek a revision in the municipal code concerning drought trigger levels, so the EAA will declare drought stages before pumpers such as SAWS do (see more on Drought Restrictions). Aquifer watchdogs get two victories in one week On December 6, the San Antonio City Council killed plans to annex and rezone 20 acres of the Edwards recharge zone near US 281 and Marshall Rd. for a VIA park-n-ride center. District 9 Councilman Kevin Wolff had worked almost a year on the project, which would have extended Marshall Road to connect with Stone Oak Parkway, and construct a public library and a 572-space parking lot for a VIA Metropolitan Transit Park & Ride. Aquifer watchdogs critized the project as being inappropriate for a sensitive recharge zone location. Earlier in the week, the San Antonio Water System board rejected an agreement to provide water for the Hills of Castle Rock, a proposed high-density subdivision in Medina County. Opponents were concered that runoff, along with effluent from an on-site wastewater treatment plant, would end up in the Aquifer. San Antonio Mayor Phil Hardberger was outspoken against the Hills of Castle Rock and he also strongly opposed the city paving over most of the 20-acre site on the recharge zone near Marshall Road. |
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EAA reverses position, will study life in Aquifer. Six years ago, the Board of the Edwards Aquifer Authority declined to fund a study of life in the Edwards because of fears that federal wildlife officials would impose restrictions if new endangered or rare creatures were discovered (see previous story). Now, with regional drought management plans in place, there is less concern about that, so the EAA Board voted in November of 2007 to fund a $209,000 study. It will be the first of its kind since 1979. Over 40 species of highly adapted, aquatic, subterranean species are known to live in the Edwards Aquifer. These include amphipod crustaceans, gastropod snails, and interesting vertebrates like blind catfish (Longley, 1986). |
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PGA Resort finally breaks ground On October 18 a groundbreaking ceremony was held for a JW Marriott hotel, part of the golf resort that caused one of the most bitter and divisive battles in San Antonio history. Throughout the eight-year fight, opponents claimed the resort and golf courses would endanger the Edwards Aquifer. Proponents claim it will be one of the most environmentally sound projects ever done in Texas. In November of 2005, the developers hired five "residents" to live on the property in trailers so they could vote to create a special taxing district. The district's initial Board was filled by politicians, corporate representatives, and lobbyists, and the financing plan they drew up was approved by the county in January 2006 (see previous NewsFlash). EAA proposes new spill containment rules In October the board of the EAA proposed new rules primarily designed to ensure that leaks or spills of hazardous materials in environmentally sensitive areas are contained. On the Recharge Zone, existing petroleum storage tanks would have to be upgraded to triple containment, and those on the Contributing Zone within the EAA's jurisdiction would have to be upgraded to double containment. Unprotected outdoor storage of regulated materials would not be allowed, and all facilities that store more than 1,000 gallons or 10,000 pounds of regulated substances must notify the EAA and prepare a spill prevention and response plan. The rules are expected to cost businesses about $16.1 million. For the first time, facilities such as large home improvement stores would be required to take protective measures. EAA Board member Susan Hughes said "What we're doing with this is putting the responsibility where it should be, rather than shifting it off on the public." |
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Aquifer watchers look for J-17 record In September, after months of unusually heavy rainfall, Aquifer watchers kept a close eye on the level of the J-17 index well in Bexar county to see if a new record would be set. Although September is normally one of the wettest months in south central Texas, this September brought little rain, and the J-17 level peaked short of the record at 700.5'. The all-time record of 703.3', set on June 14 1992, still stands for now. |
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On August 14, Directors of the EAA named Velma Reyes Danielson as General Manager. She replaces Robert Potts, who took a job as president of the Dixon Water Foundation. Danielson has worked for the agency since 1989, when it was still the Edwards Underground Water District, and has served as deputy general manager since 1994. Potts said "She understands the organization; she understands the region; she understands the challenges, and she is the best person to step forward and lead this organization into the future." |
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Land purchase in San Marcos will help protect Aquifer In July, San Marcos officials announced plans to close a deal on a 251 acre tract of environmentally sensitive lands on a hilltop overlooking San Marcos Springs. The purchase will protect the San Marcos River, the Edwards, and endangered golden-cheeked warbler habitat. Eventually, hike and bike trails will provide public access. The tract was sold at about $1 million below its appraised value by developer Terry Gilmore, who originally had planned a conference center, hotel, and residential development for the site. Fundraising coordinator Andy Sansom said Gilmore had been "very generous" and the reduced purchase price was essentially "an in-kind gift of over a million dollars." The project that Gilmore originally intended for the site was moved to I35, near the outlet malls. Critical habitat declared for two Comal Springs beetles and Peck's Cave amphipod On July 17, the U.S. Fish and Wildlife Service designated about 50 acres around four Edwards springs as critical habitat for three species that were listed as endangered in 1997. The Comal Springs dryopid beetle, Comal Springs riffle beetle, and the Peck's Cave amphipod are three of eight species that are either listed as either threatened or endangered. Although they were listed in 1997, the U.S. Fish & Wildlife Service did not designate any critical habitat, leading to a 2003 lawsuit by the Center for Biological Diversity. Under the Bush administration, Fish & Wildlife Service officials have contended that designating critical habitat has little effect on protecting species. The Center for Biological Diversity disagrees, and the Wildlife Service made the designation as part of a settlement. Such a designation requires federal agencies to analyze activities they undertake, fund, or permit to determine if there may be any harm to the species' habitat. If so, they must consult with the Fish & Wildlife Service to determine how to eliminate or reduce the impacts to an acceptable level. Helotes Councilman Dick Whitehead disagrees with scientists, argues in favor of 100% impervious cover At the regular meeting of the Helotes City Counil on July 12, newly elected Councilman Dick Whitehead stunned audience members by declaring that developing areas with 100% impervious cover might be preferable to establishing limits on developers. The announcement came during discussion of an agenda item regarding impervious cover limits for new development in "Old Town" Helotes adjacent to Helotes Creek, a major recharge feature for the Edwards Aquifer. Three expert hydrogeologists, including Ron Green, EAA Board Member George Rice, and EAA Assistant General Manager John Hoyt testified that increases in impervious cover are directly correlated to degradation of water quality. Indeed, there is voluminous scientific research on the subject. But Dick Whitehead, who was elected in May with the support of developers, questioned the expert's conclusions and asserted that having 100% impervious cover, where runoff is directed into a basin, might be better. Later, during a discussion of whether the Helotes tree ordinance ought to apply to Old Town, Whitehead asserted that requiring landowners to plant trees would eventually kill trees, because "they will starve each other of water." An audience member commented that before Whitehead made these statements, Helotes residents "didn't know he [Whitehead] is a self-proclaimed hydrogeologist and arborist. I guess he doesn't need to hear from experts." Dick Whitehead also felt that impervious cover limits in Old Town are inappropriate because part of the the area is designated as being adjacent to the Recharge Zone and not within it. In response, George Rice stressed the importance of protecting sensitive areas that are adjacent to the Recharge Zone. San Antonio makes two new land purchases to protect Edwards In July, officials announced the acquisition of two large tracts for Edwards Aquifer protection and wilderness preservation. One tract of approximately 450 acres is located on Scenic Loop Road across from the Grey Moss Inn, and it was purchased using Proposition 1 funds. The other purchase was made by the San Antonio Water System, which agreed to pay $4 million for a conservation easement on 7,553 acres in Uvalde county to protect it from development. SAWS real estate manager Bruce Haby said "There's a tremendous amount of recharge occurring in this area, and that's recharge that's coming toward San Antonio. The ranch has 4.5 miles of frontage on the Frio River, but in an average year, water never makes it through the ranch." |
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New development at The Rim altered to protect Army, Edwards In June 2007, concern over a planned 835 acre development near Camp Bullis resulted in parts of the plan being scaled back and others delayed. The issue surfaced when a zoning request by the developer prompted the U.S. Army to warn that dense development adjacent to Camp Bullis could threaten the continued existence of Fort Sam Houston, which conducts field training for all military medical personnel on the vast Camp Bullis site. In the last round of base closings, Fort Sam Houston not only escaped elimination but actually had missions added because it has the 28,000 acre Camp Bullis field training facility. Ft. Sam spokesman Phil Reidinger said the Army was concerned that lighting from dense development could affect night training exercises, and that encroachment on endangered species habitats could force them to increase their environmental management efforts. He also expressed concerns about storm water runoff and accidental sewage runoff into aquifer recharge features. About 350 acres of the development is in the recharge zone. Environmental groups such as the Aquifer Guardians in Urban Areas and the Greater Edwards Aquifer Alliance expressed similar concerns and supported the Army's request for an environmental study to survey endangered species habitats and develop plans for the protection of any recharge features. All of this resulted in the developer dramatically scaling back residential plans in one portion of the development and postponing development in another portion for one year. During the moratorium, a land use study will be conducted to prepare a "best use" plan. The developer also said it would initiate a 100-foot buffer zone around sensitive recharge zone features. New article by Edwards author Todd Votteler examines interbasin transfer law and policy in Texas Prolific Edwards Aquifer author Todd Votteler recently published a detailed analysis of the history and development of interbasin transfer law and policy in Texas. Votteler discusses the drought of record and legislation that followed, explores case studies, and offers ideas and solutions that set aside some of the fear and confusion surrounding the movement of water across basins. Read it here. Legislature finally solves pumping dilemma After attempts in three legislative sessions, the final hours of the 2007 session witnessed the passage of a bill that raises the Edwards pumping cap to match the volume which the EAA was required to guarantee to users (see previous News item). The pumping cap will be raised to from 450,000 to 572,000 acre-feet, and drought restrictions will begin when the J-17 is at 660' instead of 650'. Also, cutbacks will be much more severe, with a 20% reduction required at 660'. When the J-17 reaches 650', cutbacks increase to 30%, and with further declines they increase to 35 and 40% when the index well level reaches 640' and 630' respectively. SAWS, the region's largest pumper, was relieved that it finally has certainty with respect to the volume it can pump from the Edwards. Ken Kramer, director of the state chapter of the Sierra Club, whose 1990s endangered species lawsuit resulted in regulation of the Edwards, recognized that pumping in recent years has averaged only around 400,000 acre-feet but remained wary that over 10 or 15 years, "you're going to see annual pumping increase to the level of that cap." |
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Chances for compromise bill to resolve pumping dilemma appear good By early May, with a compromise hammered out among stakeholders, the chances seemed good for passage of a bill to resolve conflicting legal provisions on Edwards pumping. In 1993, Senate Bill 1477 mandated a cap on Edwards pumping, but it also required the EAA to issue permits based on historical use, which in aggregate ended up being almost 100,000 acre-feet more than the legislative cap. The compromise bill raises the pumping cap enough to cover all permits, but will also require much stricter cutbacks when Aquifer levels fall. In addition, it will set up a scientific process to determine acceptable levels of pumping during severe droughts. |
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EAA continues cloud seeding program, some Board members express doubts On April 10, the EAA Board voted to continue cloud-seeding operations for a 9th year, and for the first time the program will include a statistical evaluation of the project's effectiveness. In 2003, scientists at the National Academy of Sciences concluded there is no evidence that cloud-seeding works. In subsequent years the EAA contemplated discontinuing the program but decided to continue funding it. Board member Mario Cruz was one of four who voted against funding, saying the literature given to them indicated it could actually decrease rainfall. He also expressed concerns about the EAA paying for studies to determine the program's effectiveness. "The EAA could be putting the money to better use," he said. (See more about cloud-seeding). Wettest March on record sends Aquifer rising With 7.24 inches of rain, March 2007 turned out to be the wettest on record. Twice in March, slow-moving upper level low pressure systems dumped heavy rains across south Texas. By month's end, the J-17 level had risen 10' to 675.2, easing concerns about summer water restrictions. |
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Helotes fire finally out, cleanup to begin On March 27, the TCEQ declared the Helotes debris fire, which came to be known as "Mulchie", to be officially extinguished. By the time it was over, almost 18 million gallons of water had been used, of which about 2.2 million gallons had been discharged to SAWS' sewer system. The remaining 16 million gallons is presumed to have entered the Edwards. Meanwhile, the TCEQ issued landowner Henry Zumwalt a Notice of Demand letter requiring a debris removal plan. The plan submitted by Mr. Zumwalt includes the removal of all wood and fire materials, with clean materials moved to various Zumwalt ranches and used for erosion control or land disposed. Zumwalt was issued a Notice to Proceed by TCEQ, and completion is expected within two months. Edwards webpages win Public Education Award On March 14, the Texas Water Utilities Association awarded these webpages their 2006 Exemplary Service in Public Education Award. The Texas Water Utilities Association was formed in 1918 with the mission of providing educational excellence for water and wastewater operators. I will admit that it's especially gratifying to be recognized for Public Education by an agency whose main purpose is educational excellence. I started these pages 12 years ago, and they are still here today because about 14,000 of you have emailed appreciative comments. You readers have given these pages the #1 Google ranking ever since Google started, and I'm proud they have been adopted as part of the curriculum for many earth science classes and laboratories all over the world. EAA adopts temporary drought rules In order to deal with the
legislative conundrum on pumping and water rights, and in light of the
Texas Attorney General's January opinion that the EAA's junior/senior
permit scheme was not legally valid, on March 13 the Edwards Aquifer
Authority adopted temporary emergency rules that require more stringent
drought stage pumping cutbacks. The new rules allow pumpers to exercise
all of their permitted rights, except during drought stages, which
effectively raises the overall pumping cap above the legislatively
mandated level of 450,000 acre-feet. A legal Catch-22 was created when
the same law also required the EAA to issue 99,000 acre-feet in permits
above the 450,000 acre-feet cap. Helotes fire continues to burn; more wells contaminated By early March, firefighting techniques agreed to by SAWS and TCEQ had reduced the size of the burning Helotes debris pile by more than 90%, but new air and water problems surfaced. By March 10, air pollution levels in the area had exceeded safety levels for children and the elderly on 23 out of 25 days, and contamination had been observed in several additional wells. Originally, contamination involved discolored, smoky colored water; this time, the contamination included fecal coliform bacteria and samples that appeared clear but had a fishy odor. The presence of fecal coliform bacteria, which live in the intestines of warm-blooded animals, indicates that disease causing microbes may be present. It is not all that uncommon to find fecal coliform bacteria in private Edwards wells on the recharge zone where both wells and septic tanks are in close proximity. In this case, septic tanks or leaking sewers were initially suspected as the probable culprit, but additional sampling of the quenching pit found bacteria there also, so officials began suspecting the quenching pit as the source. By the time that additional contamination was observed, firefighters had whittled the pile down to about ground level. They confirmed it had initially been constructed in an excavated pit, and they noted that a lot of burning material was still left below grade. The TCEQ concluded that it could no longer safely fight the blaze without water to put directly on the burning material, and it halted operations. Several days later, negotiations led by state legislator Carlos Uresti resulted in a compromise agreement between SAWS and TCEQ that involved the agencies splitting the cost for a large crane with a clamshell bucket to scoop burning material into a second quenching pit. After about 45 minutes of crane operations, the TCEQ concluded it would not work and announced that it would vacate the February agreement with SAWS not to use water on the pile. SAWS confirmed that it was in receipt of a letter from TCEQ ordering the utility to provide water to the site. As firefighting efforts resumed, the TCEQ indicated it might take another month to completely extinguish the blaze. With the use of water directly on the blaze, however, air quality was expected to improve. Part of Edwards goes on Superfund list In April of 2004, high levels of perchloroethene (PCE) were found in a small private well near Bandera Rd. in Leon Valley, and by September 2006 a contaminant plume had extended to additional private wells, prompting officials to consider placing the site on the National Priorities or 'Superfund' List (see previous News item). Placement on the 'Superfund' list makes a site eligible for immediate attention and remediation . The listing came quickly, and officials are still working to pinpoint the source of the pollution. Regulators have identified 51 potential sources within a two mile radius and completed a well inventory. The contaminant plume is not thought to pose an immediate public health threat, but some are concerned it may be moving towards large muncipal supply wells owned by the City of Leon Valley and SAWS. |
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Walter Cronkite to narrate Feb. 15 PBS special on Texas' springs A new hour-long documentary, narrated by Walter Cronkite, examines the alarming decline of Texas' natural springs and addresses the current issues that directly impact spring flow and what can be done to save these vital resources. Visit www.texasthestateofwater.org for a preview, and tune in to PBS at 8:00 pm on February 15 to see the show. Helotes fire rekindles debate about water quality protection In February, after contamination was observed in several private Edwards well from efforts to extinguish the still-burning debris pile fire in Helotes, the TCEQ devised a new plan to use less water. A clay-lined "quenching pit" was constructed, and the plan called for large equipment to move burning materials from the pile to the pit for extinguishing. Up to 300,000 gallons of water per day would be used to cool equipment working on the pile. The day before operations were scheduled to begin, the Board of Trustees of the San Antonio Water System announced the utility would not provide water. Both the EAA and SAWS had been expressing concerns about the plan since the beginning, and SAWS Board Chairman Alex Briseno said "We don't want to exchange a short-term air quality problem for a long term water quality problem." By Febuary 9, TCEQ and SAWS had agreed on a compromise plan that would involve first filling the quenching pit and checking for leaks, followed by several days of fire-fighting, and then an observation period to see if any contamination resulted. At least 31 area wells would be intensively monitored. The TCEQ agreed that if the quenching pit leaks, or if any well contamination is observed, it would immediately cease operations and develop a new plan that would not include use of water on the debris pile itself. Meanwhile, the controversy caused much new discussion about who has responsibility for water quality protection in the Edwards, and how far government-imposed protection measures should go. The Edwards Aquifer Authority said there was not much it could do in this situation, and many wondered if the Texas legislature would now re-examine priorities in the balance between protecting common environmental resources and private property rights. In the current session, many expect the Legislature to clarify which agency has responsibility for Edwards water quality protection. The enabling legislation of the EAA seemed to give it that task, but the legislation's author has said it doesn't. Many argue that Edwards water quality protection is an issue that is much larger than the jurisdictional boundaries of the EAA, and so the only agency that can effectively do it is the TCEQ. Some contend the EAA, having mostly completed the allocation of Edwards rights that was the main task the agency was created to accomplish, should now be absorbed into the TCEQ for a more integrated management of Texas' environmental resources. Others contend the fact the pile exists and caught fire proves the TCEQ has not exercised sufficient local oversight and has not been proactive in regulating hazards to the Edwards, so the job of water quality protection should be done by an agency that is more local and more focused. |
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EAA drops Stage I pumping reductions for San Antonio pool On January 20, the EAA dropped Stage I pumping reductions for the San Antonio pool of the Edwards. On January 13, after having hovered around 100 cubic feet per second (cfs) since summer, flows at San Marcos jumped to 210 cfs, well above the trigger level of 110. Almost three inches of precipitation were recorded in San Marcos that day. Large municipalities and water purveyors like San Antonio and Bexar Met indicated they would soon follow suit and lift their own restrictions on customers. Because only the stage changes made by San Antonio and Bexar Met are widely publicized in the popular media, it is often difficult for other users to know what rules apply to them. Citizens who are not San Antonio residents or Bexar Met customers can check with their local municipality or county agency to determine what restrictions may still apply to them. Currently, there is no regional consistency regarding how the drought rules of various cities are declared or implemented. The result is what some local leaders have called a confusing patchwork, in which the EAA may declare one stage while various municipalities remain in others.
Brush pile fire impacts Edwards wells near Helotes
Attorney General issues opinion on junior/senior permits On January 9, Texas Attorney General Greg Abbott issued an opinion that concluded the Edwards Aquifer Authority does not have the statutory authority to reduce the withdrawal rights of permit holders or issue interruptible junior withdrawal rights (see the opinion). In 2003, the EAA devised a junior/senior water rights scheme to resolve the pumping conundrum in which it was required to issue permits for more than the law allowed. In 2006, the TCEQ asked EAA to re-think the idea (see previous Newsflash). EAA officials said they didn't consider themselves bound by the AG's opinion and they would seek to have the legislature ratify the junior/senior permitting scheme by statute. Failure of San Marcos springflows to recover raises questions about drought rule triggers Currently, drought rule triggers are based on the level of the J-17 well or flow rates at Comal or San Marcos springs. In recent months, both J-17 levels and Comal springflows have risen above the trigger levels, but San Marcos springflows have remained low. This has raised questions about why, and whether or not San Marcos flows are still an appropriate trigger for the entire Edwards region. Hydrogeologists have long recognized that flow rates at San Marcos springs do not have the same close relationship that is observed between J-17 levels and Comal springflows (see chart). There is a lot of local recharge around San Marcos springs and some local northwest to southeast flow patterns that are uncharacteristic of the rest of the Edwards. Since trigger levels were first tied to San Marcos flows, there has been explosive growth in the area and lots of additional local pumpage. This year's observations suggest that local pumpage is having a much greater impact on flow rates than pumping from urban centers like San Antonio. Basically, it is not clear that San Antonio's activities affect San Marcos, so many are questioning why San Antonio must remain under Stage I restrictions. Meanwhile, in an effort to limit new pumping around San Marcos springs, the Edwards Aquifer Authority has placed a moratorium on the transfer of pumping rights across Cibolo Creek to points east.
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