Edwards Aquifer News for 2008

December 2008

Lawmakers aim bills at protecting Camp Bullis

In December two San Antonio lawmakers said they would push for new laws in the upcoming 2009 Texas legislative session that would give Bexar county and adjacent counties the power to zone land in unincorporated areas within five miles of Camp Bullis. Currently, counties in Texas do not have zoning powers. State Rep. Ruth Jones McClendon and Sen. Jeff Wentworth both indicated they would submit similar proposals aimed at giving counties around Camp Bullis a new tool to regulate development that is rapidly encroaching on the facility. Because of the high value that Texas places on private property rights, the debate promises to be controversial.

November 2008

Two large Uvalde county ranches protected

On November 21 the city of San Antonio announced the purchase of conservation easements on two large ranches in Uvalde county for almost $19 million.  The deal will ensure the lands remain undeveloped forever, thereby protecting Aquifer recharge quality.  One of the tracts is the 14,326 acre Frio Ranch, owned by former governor Dolph Briscoe, and the other is the 7,273 Friday Ranch, which has been worked by the Friday family for over 100 years.  The money came from a $90 million fund created by a voter-approved sales tax in 2005.

Study suggests brushy areas do not hog water

In recent years, clearing woody species like Ashe juniper (cedar) has received a lot of attention as a possible water resource management tool for the Edwards (see the Brush Management page). Proponents suggest that brushy species are "water hogs" and prevent infiltration. Research released in 2008 suggested that brushy areas do not hog water. In the Concho River basin, Wilcox, Huang, and Walker studied three watersheds that supply tributaries of the Concho to evaluate the extent to which streamflow changed after dramatic shifts in vegetation cover. In the last 100 years or so, the watersheds have transitioned from pristine prairie to degraded pastureland to woodland/savanna, as have many watersheds in Texas. They found that in all three watersheds, stream baseflows have remained the same or increased slightly since 1960, despite large increases in woody plants. In one stream, annual streamflow has decreased by 70%, but the researchers found no indication it was related to diminished groundwater flows caused by extraction of subsurface water by woody plants. They suggested the lower flow resulted from higher infiltrability due to generally improving range conditions. See the complete study.

Showdown over Rule of Capture could shake Edwards universe

For over 100 years, unlimited pumping from the Edwards was legal under the "rule of capture", which gave every landowner unrestricted rights to pump as much as they could put to a beneficial use.  Today, the fundamental premise of Edwards regulation is that landowners in the Edwards region no longer have the right to capture unlimited amounts of groundwater.  Since 2001, the Edwards Aquifer Authority has been issuing pumping permits that are essentially an allocation of groundwater rights.  In February 2002 the Texas Supreme Court issued a landmark decision that many believed had confirmed once and for all the Authority's powers to regulate pumping (see details on Laws & Regs page).  In 2008, it appears the issue is not so settled after all. 

In the 4th Court of Appeals, Justice Steve Hilbig ruled that landowners involved in a lawsuit with the EAA have some vested ownership rights of groundwater beneath their land and their "vested right in the groundwater beneath their property is entitled to constitutional protection."  The ruling, along with a similar ruling in a case in Del Rio, have set up a Supreme Court showdown over the rule of capture in Texas.

The eventual outcome could have large impacts for the Edwards and also for the State's preferred method of groundwater management, local Groundwater Conservation Districts. In 2001 the Legislature made it easy to form such districts by local petition and gave them the authority to regulate spacing and production from wells. At present, almost 90 such districts have been formed, and all are participating in a process in which local residents determine the "Desired Future Conditions" (DFCs) for their aquifer.  In most cases, what residents desire for their aquifer will involve pumping limits, so the entire concept of GCDs appears to be in direct conflict with the rule of capture. Texas is struggling to find a balance between private property rights and protection of common natural resources.

October 2008

83 acres near Camp Bullis protected

On October 16 the San Antonio City Council approved the acquisition of a conservation easement on 83 acres of land located in the Edwards Contributing and Recharge Zones that directly abuts Camp Bullis, helping to provide a buffer for the military installation that has lately been the topic of much discussion. The property is one of the few remaining undeveloped tracts in the Stone Oak area. The property was targeted by the City for conservation because it contains several recharge features and because of its location in a highly developed area. The landowner generously offered the land to the City at very low cost.

281 toll road stalled for two years; Aquifer activists claim victory

On October 1, federal officials revoked their clearance of environmental studies for construction of new toll lanes over the Aquifer recharge zone along 281 north of 1604, and transportation authorities said it could take up to two years to get the project back on track.

The delay resulted after TXDOT and federal officials found "problems" with contracts to study endangered species.

In February of 2008, Aquifer activists teamed up with toll-road opponents to file a federal lawsuit challening the adequacy of the project's environmental study. The study concluded that widening and tolling 281 will not have a significant impact. Activists claim the study's conclusions are ridiculous.

It is the second time that Aquifer Guardians in Urban Areas have stopped construction over the project's environmental studies. A similar lawsuit in December of 2005 stopped work until state officials re-did an Environmental Assessment. AGUA contends an Environmental Impact Statement, a more rigorous and comprehensive type of study, should be completed instead of a less intensive Environmental Assessment.

September 2008

Camp Bullis update

In September, new Camp Bullis protection efforts kept the topic in the news.  Comal county, which borders on the northern edge of Camp Bullis, passed 'dark sky' requirements similar to those approved in Bexar county. Comal county's rules will require property owners within three miles of Camp Bullis to obtain a permit for any new outdoor lighting, which will have to be shielded to direct the light downward.  Meanwhile, at a joint meeting of the Texas House and Senate committees dealing with military issues, Bexar county officials argued the 2009 legislative session should include consideration of a measure to give greater planning and zoning powers to counties.  Such measures would allow them to control land uses around Camp Bullis.  Currently, counties have little power to regulate land uses.

New research questions wisdom of cedar whopping as water supply tool

Over the last decade, there has been a growing interest in brush management as a means to increase water supply. Unlike most potential Edwards management schemes, where people are generally content to let science determine effectiveness and feasibility, this is not a strategy where science dominates the discussion. There are many hardened and persistent ideologies and myths about the historical presence and role of Ashe juniper (cedar) in the Hill Country, and lots of people simply don't like cedar trees. So in many cases, people end up making a judgment about brush management based on myths they've heard or how they feel about cedar (see the page on Brush Management for all the pros and cons).

For example, a commonly heard myth is that cedar trees are large water hogs. Recently, Dr. Jim Heilman, a professor of environmental physics at Texas A&M University, released research conclusions that show brushy species use only slightly more water than grassland, and that live oaks use more water than cedar.

“Juniper roots are actually shallower than oak roots, and the internal plumbing of juniper greatly restricts the amount of water that can be taken up,” Heilman said. Data was collected using a network of meteorological towers that recorded measurements such as carbon dioxide exchange, evaporation, and wind speed. One tower was placed in a grassland, one in a grassland in the process of being overtaken by juniper and mesquite, and the other in a dense forest of juniper and oak. Heilman said the forest represents the most extreme case of woody encroachment where water use should be the highest. “The site being overtaken by juniper and mesquite is representative of sites that typically are subject to brush removal,” Heilman said. "We found no evidence that deep roots were extracting significant amounts of water. Limestone bedrock in the Edwards Plateau is not capable of storing large amounts of water in the deeper zones for roots to tap into.”

Dr. Heilman's research also suggested that removing cedar may be unwise because they are an important carbon sink, making them a potential ally in efforts to counter global warming. Overall, Heilman said, the idea of brush removal to save water is a case of where “policy gets ahead of science".

August 2008

Camp Bullis controversy continues; officials struggle for answers

In July and August a great deal of media attention remained focused on development around Camp Bullis, with lawmakers and local officials struggling for answers and solutions. Senator Jeff Wentworth and Rep. Ruth Jones McClendon said they would seek legislation to protect the training area by restricting growth, but there were few details and no predictions on how such laws might fare in a Legislature that strongly supports private property rights.

Camp Bullis officials were stunned to learn that yet another high-end development, Cresta Bella, has been approved just off the northwest boundary of the base, and would include hundreds of exclusive homes and shops. Fort Sam spokesman said "We're consistently frustrated that we are not provided adequate information to influence intelligent management of development around Camp Bullis. We're not trying to stop development, but certainly there should be features in place to protect our mission in the face of intense development in the area." Developer Norm Dugas said the project should not have been a surprise to Camp Bullis, since it has been in the works for a year and there is a large billboard advertising it nearby. He defended developers projects around Camp Bullis, saying "We're not building meth labs. We're building housing for the community. It's a perfectly legitimate public purpose what they're trying to accomplish, which is providing housing...for a growing community."

Several ideas for protecting Camp Bullis were offered up by Fort Sam and other groups, including a Regional Habitat Conservation Plan that would require developers to help pay for conservation easements to mitigate reductions in habitats around the base. Another idea was the purchase of a buffer zone around the facility, but local officials deemed the $500 million price tag to be too costly. Express-News columnist Carlos Guerra pointed out that San Antonio has spent much more than that on sports and convention facilities, so it was really a matter of priorities, not cost. He reminded leaders that all of Camp Bullis' present problems were predicted in a 1995 study that recommended the purchase of nearby lands and conservation easements, and an overlay district with special zoning powers to limit land uses to ones compatible with Camp Bullis' mission. The study concluded with the statement "Each of the local governments must now carry the burden of implementation within each of their own city or county codes." Since that time, city and county officials have failed to act.

By early August, city and county officials unveiled a unified "action plan" that called for establishing a Regional Habitat Conservation Plan and purchasing 5,000 acres of warbler habitat with money from the $90 million fund created by a voter-approved sales tax in 2005 for aquifer protection. It also called for keeping Camp Bullis in the loop by requiring submission of development plans for their review and giving them a comprehensive list of planned developments. Fort Sam commander Maj. Gen. Russell Czerw welcomed the possibility of regional action, but said he worried about reaching a tipping point where development would undermine Camp Bullis' mission.

Citing the new city policy to keep Fort Sam officials in the loop, the San Antonio Water System board delayed action on seven proposed utility agreements with developers around Camp Bullis. Chairman Alex Briseno said "We felt that in order to maintain the integrity of that commitment that had been announced by the Mayor and council that we needed to provide that information up front to the folks at Fort Sam Houston."

Later in August the SAWS Board reconvened and approved the service agreements with provisions to ensure both the military and developers are aware of and will comply with any special requirements.

July 2008

Stage I restrictions ended

At midnight on July 23, with Aquifer conditions no longer warranting their continuation, Stage I drought restrictions were ended. Rains and conservation during July raised and stabilized the level of the J-17 index well. Even so, officials urged continued conservation, because August and September are still ahead of us.

EAA Board wants permanent ban on pumping transfers east of Cibolo Creek

On July 7, armed with a new model that shows pumping close to the springs in New Braunfels and San Marcos reduces springflow rates, the Board of the EAA directed agency staff to draft new rules laying out permanent restrictions on new transfers of pumping rights to areas east of Bexar county. In January of 2007, the Board placed a moratorium on such transfers (see previous News item). In the current action, the Board noted that a permanent prohibition on transfers to points east of Cibolo Creek would be prudent, and it recommended a phased in approach so that utilities leasing transferred rights would find alternative supplies. Previously approved transfers totaling 1,597 acre-feet would be allowed to remain in place, but not 1,782 acre-feet of conditional transfers that were allowed pending the results of a study into the impact of pumping on the springs.

June 2008

Camp Bullis development controversy erupts, involves Aquifer

In June, a one-year moratorium on a development project adjacent to Camp Bullis expired (see previous story), and renewed work focused a great deal of media attention on threats to both the military installation and the Aquifer.

Camp Bullis is a vast 44-square mile facility in northwest Bexar county that is the US military's prime medical training site. It is almost all complete wilderness, part of it is over the Edwards recharge zone, and it contains habitats for endangered golden-cheeked warblers and several karstic invertebrates. The military conducts night training exercises and uses live fire, so dense development on the installation's borders reduces the usefulness of the facility and also forces endangered birds to seek refuge on the Camp.

In June, INTCO-Dominion Partnership renewed road construction work on a 340 acre tract adjacent to the Camp on which it hopes to eventually build up to 700 homes. The bulldozers caused Army and civic leaders to worry the planned development could threaten all of San Antonio's military installations, and Aquifer activists worried about stormwater and runoff impacts to the Edwards.

Jim Cannizzo, an environmental lawyer representing the military, complained that INTCO was illegally crushing trees and warbler habitat, and US Fish & Wildlife Service biologist Allison Arnold contacted the developer and recommended they cease work. After a Fish & Wildlife Service team toured the site on June 19, work started again a few hours later.

On June 20, Aquifer Guardians in Urban Areas (AGUA) filed a lawsuit in federal court and US District Judge Xavier Rodriguez issued a temporary restraining order halting the work so that experts could evaluate the project's impact on the golden-cheeked warbler habitat. By June 25, the Service had written INTCO an enforcement letter warning the developer the property likely contained endangered species habitats and that construction could violate federal law. With the Service taking the lead in the matter, and because it had not provided the defendant a required 60-day notification, AGUA dropped its lawsuit.

Meanwhile, civic leaders and legislators made pronouncements about the value of San Antonio's military installations to the local economy and vowed to take protective action. The Army released a plan that would limit development within five miles and restrict lighting within three miles. San Antonio mayor Phil Hardberger said he was pledged to keep Camp Bullis a useful site for the military, and that it also helped San Antonio because it protects the recharge zone, so "you have a double reason to protect Camp Bullis." County Commissoner Nelson Wolf cautioned that rules restricting development may require compensation to landowners.

On June 27, AGUA announced it would file a second lawsuit. The group sent a 60-day notice letter sent to INTCO saying it intended to sue to stop the possible destruction of habitat for the Golden-cheeked warbler and three cave-dwelling invertebrates. INTCO said it has obeyed the law.

Aquifer Authority declares Stage I Critical Period

On June 23, newly revised drought triggers were used for the first time when the 10-day average at the J-17 index well dropped below 660' and the EAA declared the region to be in a Stage I Critical Period. Previously, Stage I was triggered when the J-17 reached when 650 (see story on change in trigger levels). The declaration means pumpers in the San Antonio pool of the Edwards must cut back by 20%. The EAA does not prescribe how pumpers must achieve this, and the City of San Antonio does not enter Stage I until the previous trigger level of 650' is reached. San Antonio has a backup Edwards supply, their Aquifer Storage and Recovery project, that can help achieve the prescribed cutbacks without requiring individual customers to reduce their use.

May 2008

USFWS releases Draft Recovery Plan for endangered cave invertebrates

On May 23, the US Fish and Wildlife Service released a Draft Recovery Plan for nine endangered species found only in caves in north and northwest Bexar county. USFWS Recovery Plans are guidance and planning documents intended to outline reasonable actions that science indicates are necessary to recover or protect endangered species. Private and public parties may voluntarily implement their suggestions, but they do not create an obligation beyond existing legal requirements.

The Draft Rrecovery Plan for the Bexar county karst invertebrates suggests reducing threats to the species by securing an adequate quantity and quality of caves, including their drainage basins and the natural surface plant and animal communities. Protection would involve maintaining moist, humid conditions and stable temperatures, ensuring the appropriate amount of nutrients, and keeping the caves free from contamination, excessive human visitation, and fire ants. Another important component of species recovery is education. Without an educated and concerned public, these species will probably become extinct.

The plan estimates that eventual delisting of the nine species could cost $140 million over 25 years. All the Bexar county karst invertebrates have been assigned a "Recovery Priority Number" of 2c, which means these species face a high degree of threat and a high potential for recovery and there may be conflict between species recovery and economic development (download the Draft Recovery Plan).

For more on the karst invertebrates of the Edwards, see the Endangered Species page.

EPA updates public on Leon Valley superfund site

In May, EPA officials updated residents on the contaminant plume near Bandera and Grissom roads that has been detected in 10 private wells and last year prompted the placement of the site on the Superfund list (see previous news item).  EPA project manager Chris Villarreal explained that recent sampling of public and private wells revealed low levels of contamination that appears to be confined to the Austin Chalk and Buda formations, not the Edwards limestone.  The next phase of the work will involve installation of monitoring wells that should allow a better determination of the extent and location of the contamination within each geologic formation.  Monitoring well data will be combined with fracture trace analysis to help officials figure out where most of the contamination is at.  Possible remediation methods include injecting bacteria or oils to speed up the breakdown of the contamination, or pumping and treating the most contaminated water.

Funding for Medina Dam repairs still lacking

In July of 2002, monster rains and fears of a possible failure of Medina dam prompted evacuation of the city of Castroville, and subsequent dam-safety studies recommended improvements estimated at about $11 million.  More than five years later, officials are still searching for funding.  In February, the Bexar County Commissioner's Court committed $3 million for the repairs, because a failure could affect up to 100,000 people in Bexar county and place important facilities at risk such as the Toyota plant and SAWS' Dos Rios Water Recycling Center.  However, the commitment is contingent on the Bexar-Medina-Atascosa Water Control and Improvement District coming up with the remaining money.  The BMA has so far struck out on requests for federal funding and is pursuing grants or loans through the Texas Water Development Board.

Meanwhile, a state auditor's report released on May 7 concluded the state does not adequately ensure the safe construction, repair, and maintenance of its dams.  Although the frequency of inspections has increased since the 2002 Medina Dam scare, the TCEQ's dam safety program is understaffed, the report said.  The auditor's report also said the TCEQ should obtain more information about the dams it regulates from owners, increase and prioritize inspection of high-hazard dams, do a better job of enforcing rules when owners do not make repairs, and require dam owners to develop emergency plans.

April 2008

Impact of climate change on Edwards debated

In April, speakers at a three day conference in Austin called Forecast: Climate Change Impacts on Texas Water offered different views of the science and models that predict the impact of global climate change on water supplies in Texas.  Texas Water Development Board hydrologist Robert Mace said it is a "no-brainer" that climate change will impact Texas aquifers, and the Edwards has been named as one of the four most vulnerable in the state.  A report by the Intergovernmental Panel on Climate Change (IPCC) predicts that recharge to Texas aquifers could fall by as much as 10% over the next century as the climate warms by 5 or 6 degrees.  But hydrologist Hugo Loaiciga, who conducted much of the research that named the Edwards as one of the most vulnerable, dismissed the IPCC model as "voodoo science" and urged participants to "challenge yourself a little more" on this subject.  Most agreed that substantially more research is needed, and a panel recommended forming a statewide consortium to discuss how Texas can best respond to climate change.  Several noted water experts disagree with conclusions made in the state's latest water plan, published in 2007.  It contains only a brief discussion of climate change and concludes the impact will not be significant.

New rules for Bexar county brush management proposed in wake of "Mulchie"

On April 29 the TCEQ held a public hearing on tough new rules mandated by the Legislature after last year's monstrous debris-pile fire in Helotes contaminated several Edwards Aquifer wells (see previous news item).  The new rules require piles no taller than 25 feet, fire lanes and buffer zones, and water pollution abatement plans for facilities over the Edwards recharge or transition zone. They also require that an amount equal to 90% of the material brought into a facility each year must leave the facility annually.  In Helotes, Henry Zumwalt claimed his debris pile was a "recycling facility" and not a disposal facility.  My own home in Helotes is within sight of the debris pile location, and over a period of 10 years I witnessed many trucks enter the facility, but never saw any material leave.  By the time it caught fire on Christmas Day 2006, the debris pile was over 80' tall, 280' wide, and 700' long.

San Antonio declines to provide water/sewer service for new development in sensitive area

On April 17, the San Antonio City Council followed the lead of the San Antonio Water System and rejected a request for water and sewer service for the Hills of Castle Rock, a large planned development in Medina and Bandera counties.  In December, SAWS rejected a similar request, citing concerns about the quality of runoff into San Geronimo Creek, a major Aquifer recharge stream.  After the rejection by SAWS, the developers filed applications with the TCEQ to create Municipal Utility Districts, which could then seek water and wastewater service from other sources.  The developer's lobbyist, John Reynolds, said the developers, a company called BP 1766 San Antonio Ltd., were not surprised by the rejection and added that it "will cause some delay, but by no means does this mean the project is dead."  The developers have also filed a permit application to discharge up to 225,000 gallons per day of treated wastewater into San Geronimo Creek.

New assessment of Texas springs says knowledge lacking

On April 13, Texas Parks and Wildlife Dept. aquatic biologist Chad Norris told members of the Hill Country Planning Association that very little is known about most of the state's natural springs and that development threatens to dry many of them up.

The issue is gaining new importance because of the proliferation in recent years of local groundwater districts, who have a 2008 deadline to outline the "desired future conditions" for Texas' aquifers.  These conditions, in turn, will guide state planners in determining how much water can be pumped from aquifers over the next 50 years.  Aquifer watchdogs worry that because so much information is lacking, the process will ignore many springflows and ensure their eventual demise.

Gunnar Brune's 1981 book "Springs of Texas" discussed almost 2,000 springs in 183 Texas counties and is considered the foundation of our knowledge regarding the state's springs, but it's easy to find springs that were not documented, and there are 71 counties the book did not cover.  Norris estimated there may be more than five times the number of springs documented by Brune.  He and his colleagues have been working since 2003 to update the state's knowledge and inventory of springs.

March 2008

New hazardous materials rules aimed at aquifer protection

On March 11 the board of the Edwards Aquifer Authority adopted rules that require businesses storing large amounts of hazardous materials to take spill containment measures.  The new rules will apply to commercial outlets such as home improvement stores and department stores that store large amounts of hazardous materials such as paints and pesticides.  Stores that are within five miles upstream of the recharge zone will be required to store such materials in a location where spills can be contained.  Additionally, they must notify the EAA when spills occur, and they must prepare spill prevention and response plans.  Bexar county EAA board member George Rice said "These rules are kind of modest, but they're also kind of common sense.  I think they'll protect the Aquifer, which is the main thing."

February 2008

Aquifer and toll road activists file second lawsuit over 281 expansion

In February of 2008, Aquifer activists teamed up with toll-road opponents to file a federal lawsuit aimed at stopping construction of new toll lanes over the Aquifer recharge zone along 281 north of 1604. The lawsuit challenges the results of the project's environmental study, which concluded that widening and tolling 281 will not have a significant impact. Activists contend the study's conclusions are ridiculous.

The same groups, Aquifer Guardians in Urban Areas and Texans Uniting for Reform and Freedon, filed a similar lawsuit in December of 2005 that temporarily stopped construction until state officials re-did the environmental assessment. Officials with the Alamo Regional Mobility Authority, an independent governmental agency created in 2003 to accelerate transportation projects in Bexar county, claimed the environmental study is thorough enough.

January 2008

San Antonio buys land, conservation easement to protect Aquifer

On January 10 the San Antonio City Council unanimously approved spending $1.45 million on the acquisition of land and a conservation easement on the 2,251 acre Gulley Ranch north of Uvalde. The money comes from the $90 million fund created by a voter-approved sales tax in 2005. So far, the program has protected over 24,000 acres at a cost of $22.8 million. In this instance, the deal included the purchase of 570 acres and protection of the rest under an easement that permanently limits development rights. The purchase of conservation easements is viewed as cutting-edge environmental protectionism because it is much cheaper than an outright purchase and you get the benefit of having the land protected.