Edwards Aquifer Recovery Implementation Program (EARIP)

FOLM has been active in protecting spring flows from the Comal and San Marcos springs, our only source of drinking water and the source of our river.  The Edwards Aquifer is a pristine source of underground water and has been the only source of drinking water and irrigation in South Texas for centuries.  The Edwards Aquifer Authority (EAA) was created by the Texas Legislature in 1993 by a court order to develop critical dry period water use restrictions to protect endangered species in the aquifer.  The laws set forth by the EAA over a period of time had direct conflicts between the pumping caps set and the historical pumping permits issued to pumpers.  This was to be remedied by the 2007 Texas State Legislature.

To help protect our springs, we joined an organization called the Guadalupe Basin Coalition (GBC) consisting of members downstream of the springs and represents elements of New Braunfels, Seguin, Dunlap, McQueeney and Placid lake associations, Victoria and industrial users between here and the coast.  It is an organization employing lobbyists to protect our water interests in the legislature.

The Legislature remedied the previous conflict, but to help satisfy long term water needs for all concerned, mandated through Senate Bill 3, that the EAA participate in a process offered by the U.S. Fish and Wildlife Department.  That process called a Recovery Implementation Plan (RIP) lays out a cooperative process for all stakeholders to develop, through agreement, and using scientific data, effective pumping restrictions, and develop additional sources of water, that will protect the endangered species, and meet the water needs of all involved.  This is a monumental task.  FOLM is one of the listed stakeholders in this process.

Senate Bill 3 specified a 21 person steering committee representing a fairly widespread representation of stakeholders, some of which are specified by name or agency, and some were appointed by various state agencies.   It allowed the committee to expand itself and it added five additional members.  The chair of GBC is one of the voting members, and FOLM’s Gary Spence is the alternate in the primary’s absence.

Another major item was to hire a Program Manager under the auspices of Texas A & M University.  The University established a budget to fill the Program Manager position.   That position was filled by Dr. Robert Gulley, and environmental law attorney and administrator with extensive experience in his field and water issues.  He has been an excellent source of guidance for this process.

An expert Science Committee was formed to establish data used to guide all major decisions.  The ultimate goal of the EARIP is to have all parties form a consensus to modify the recovery plan while tying in the mandates spelled out by Senate Bill 3.  The end result would be protection of the species with necessary spring flow, establish pumping restrictions in dry years, and establish alternate sources of water other than the aquifer.  If this ultimately meets U.S. Fish and Wildlife’s approval, Federal funds would be available to accomplish this, which is a lot smarter than local only funding.

The EARIP sounds unmanageable, but in four multi-states, RIP’s that use this process have worked.  One of the largest and I would think, most contentious, is on the Colorado River basin, and to date, there have been no law suits and all parties are working together.

In a recent event a member of our Guadalupe Basin Coalition, was appointed to fill a vacancy on the Edwards Aquifer Board representing Hays and Caldwell counties.  He has a long history of involvement with Edwards Aquifer issues and was city attorney in San Marcos for 18 years and is a member of GBC.   He will represent our water interest in an outstanding manner.

The Edwards Aquifer Authority in critical period dry years has evolved into direct conflicts between the pumpers (San Antonio Water System and irrigators) and the downstream spring flow users.

The Edwards Aquifer is a Karsts system (formed by the dissolution of soluble rocks) that depends strictly on rainfall and runoff.  In wet years it can recharge at a rate of over 2 million acre feet of water.  In dry years such as 1956 the aquifer recharge rate dropped to 46,000 acre feet.  The ten year average is 225,000 acre feet.   It is like a sponge, with high rainfall, it recharges in abundance, but in dry years such as the drought of record in the 1950’s, it is totally insufficient to meet needs.

The current pumping cap is 572,000 acre feet with stringent triggers that require all pumpers to cut their use and become more restrictive as the aquifer drops.  In normal years pumpers do not exceed 400,000 acre feet.    When the aquifer is high, artesian wells and springs will flow.  We are dependent on those springs for both drinking water and recreational use, as are the endangered species and the coastal estuaries.

Water has developed into one of the most contentious issues facing our state and in most areas of our country.  It is vital that FOLM remain engaged in all processes that will protect our needs today and in the future.