Part 2. TEXAS PARKS AND WILDLIFE DEPARTMENT

Chapter 58. OYSTERS AND SHRIMP

Subchapter B. STATEWIDE SHRIMP FISHERY PROCLAMATION

31 TAC §58.161

The Texas Parks and Wildlife Department adopts on an emergency basis an amendment to §58.161, concerning shrimping in outside waters (Gulf waters of the Texas territorial sea--nine nautical miles). Based on sound biological data, the executive director has determined that migration of small brown shrimp from the bays to the Gulf of Mexico will occur earlier than the May 15 regulatory closure date. The emergency rule is adopted to adjust the May 15 closing date to May 11, 2000 for a maximum closure of 75 days.

The purpose of the closed Gulf season is to protect brown shrimp during their major period of emigration from the bays to the Gulf of Mexico until they reach a larger, more valuable size before harvest and to prevent waste caused by the discarding of smaller individuals. This emergency measure minimizes social and economic hardship in a depressed industry by closing the season four days earlier than scheduled to obtain optimum yield from the shrimp resource.

The amendment is adopted on an emergency basis under authority of Parks and Wildlife Code, §77.062, which authorizes the commission to regulate the catching of shrimp, to change the opening and closing dates of the closed season to provide for an earlier, later, or longer season, and to delegate to the director the duties and responsibilities of opening and closing the shrimping season. In April 1978, the Texas Parks and Wildlife Commission delegated to the executive director the duties and responsibilities of opening and closing the shrimping season under this section. Additionally, Parks and Wildlife Code, §77.007 provides that a proclamation of the commission under the provisions §77.007 prevails over any conflicting provision of Chapter 77 to the extent of the conflict.

§58.161.Shrimping in Outside Waters.

(a)-(d)

(No change.)

(e)

Early Closure of the Gulf Shrimping Season. The provisions of subsection (d)(2)(A) of this section are replaced, as follows: the general closed season for shrimp in outside waters extends from 30 minutes after sunset May 11, 2000 to 30 minutes after sunset July 15, 2000.

Filed with the Office of the Secretary of State, on May 11, 2000.

TRD-200003335

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Effective date: May 11, 2000

Expiration date: July 30, 2000

For further information, please call: (512) 389-4775

Chapter 720. EMERGENCY DROUGHT MANAGEMENT PLAN RULES FOR 2000

The Edwards Aquifer Authority ("Authority") adopts, on an emergency basis, the following new rules: §§720.1, 720.120, 720.122, 720.124, 720.126, 720.128, 720.130, 720.132, 720.134, 720.136, 720.138, 720.140, 720.142, 720.144, 720.146, 720.148, 720.150, 720.152, 720.154, 720.156, 720.157, 720.158, 720.160, 720.162, 720.164, concerning the Emergency Drought Management Plan Rules for 2000 and these emergency rules specify mandatory restrictions on the use of groundwater from the Edwards Aquifer designed to slow, stop, or reverse the decline of water levels in the aquifer and springflows at Comal and San Marcos Springs.

Emergency Rules Summary

The emergency rules establish three emergency drought management areas, three emergency drought stages, a mechanism for reporting aquifer use, a requirement for emergency drought or critical period ordinances to be adopted by municipalities and approved by the Authority, and reductions in aquifer use. Municipal users are allowed to develop their own rules for their customers that are within their jurisdictions, and industrial users are allowed to develop their own plan to achieve the reductions. The emergency rules generally apply to all existing users who have applied to the Authority for an initial regular permit and all owners of wells which are exempt from the permitting requirements of the Act.

The three emergency drought management areas are:

(1) The East Area, which consists of those portions of Bexar, Comal, Hays, Caldwell and Guadalupe Counties which are within the Authority's boundaries;

(2) The Medina/Atascosa Area, which consists of those portions of Medina and Atascosa Counties which are within the Authority's boundaries; and

(3) The Uvalde/Atascosa Area, which consists of Uvalde County.

The rules impose three emergency drought management stages which apply to each area based upon aquifer conditions. In the East Area, Stage I applies when index well J-17 is at or below 650 feet above mean sea level (" ft. m.s.l.") and above 640 ft. m.s.l.; Stage II applies when well J-17 is at or below 640 ft. m.s.l. and above 630 ft. m.s.l.; and Stage III applies when well J-17 is at or below 630 ft. m.s.l.

In the Medina/Atascosa Area, Stage I applies when index well TD 69-47-306 (the "Medina Well") is at or below 670 ft. m.s.l and above 660 ft. m.s.l.; Stage II applies when the Medina Well is at or below 660 ft. m.s.l. and above 655 ft. m.s.l.; and Stage III applies when the Medina Well is at or below 655 ft. m.s.l.

In the Uvalde Area, Stage I applies when index well J-27 is at or below 845 ft. m.s.l and above 840 ft. m.s.l; Stage II applies when well J-27 is at or below 840 ft. m.s.l. and above 835 ft. m.s.l; and Stage III applies when well J-27 is below 835 ft. m.s.l.

During Stage 1:

Applicants must submit monthly water use reports to the Authority.

Municipal and industrial applicants must reduce to 95% of their monthly pumping schedule.

Residential landscape watering is restricted to one day per week in the morning and evening.

Municipalities which are permit applicants must designate days of the week which customers within their jurisdiction may conduct landscape watering.

Use of Edwards Aquifer water for ornamental fountains or similar features is prohibited.

During Stage II, in addition to the restrictions in place for Stage I:

Municipal and industrial applicants must reduce to 90% of their monthly pumping schedule.

Residential landscape watering is further restricted to one day per week with shorter morning and evening hours.

Restrictions are imposed upon filling and draining swimming pools.

During Stage III, in addition to the restrictions in place for Stages I and II:

Municipal and Industrial applicants must reduce to 85% of their monthly pumping schedule.

Residential landscape watering is prohibited, with the exception of using a hand-held bucket, hand-held hose, soaker hose, or properly installed drip irrigation system.

Applicants must submit weekly withdrawal reports to the Authority.

Municipalities and municipal water distribution systems are to encourage water conservation by their customers by imposing water rates which increase as a customer's usage increases.

Irrigation of new crops is generally prohibited.

The rules also require owners of golf courses or athletic fields who have applied for a permit or who are dependent upon water from the aquifer to submit a groundwater conservation plan to the Authority, and to reduce to 95%, 90% or 85% of their monthly pumping schedules in Stages 1, 2, and 3, respectively, or, alternatively, to reduce their replacement of daily evapotranspiration rate ("ET rate") by a series of percentages during the Stages. Such golf course or athletic field owners must also make and maintain certain daily water records.

The rules impose a number of additional provisions and requirements including:

extensive water use reporting requirements; and

a mechanism whereby an applicant may request and obtain from the Authority a variance from the rules.

The Need for Emergency Rules

Current conditions within the Edwards Aquifer and at Comal and San Marcos Springs necessitate the adoption of these rules on an emergency basis. The Authority is currently in the process of developing and adopting, pursuant to the regular rulemaking process specified in the Texas Administration Procedure Act, a set of drought management rules similar to these emergency rules. In the meantime, however, current aquifer and springflow conditions warrant adoption of emergency rules immediately.

Comal and San Marcos Springs are the primary natural outflows from the Aquifer. There are at least six species which are directly dependent upon Comal Springs and/or San Marcos Springs and which are federally-listed as endangered or threatened pursuant to the Endangered Species Act, 16 U.S.C.A. §§1531-1544 (the "ESA"). Those species are: the fountain darter (Etheostoma fonticola) , the San Marcos gambusia (Gambusia georgei) , Texas wild-rice (Zizania texana) , the San Marcos salamander (Eurycea nana) , the Peck's Cave amphipod (Stygobromus pecki) , and the Comal Springs riffle beetle (Stygoparnus comalensis) .

The United States Fish and Wildlife Service ("FWS") is the federal agency primarily responsible for implementing and enforcing the ESA. FWS has determined that maintaining adequate discharge at the springs is one of the major requirements to protect threatened and endangered species that depend upon the Comal and San Marcos Springs ecosystems. Reduced spring discharges threaten the endangered species by decreasing available habitat, decreasing available food supply, increasing competition from native and exotic species, increasing water temperature, and decreasing dissolved oxygen. FWS has made determinations relative to minimum springflows necessary for certain of these species. It is the Authority's understanding that FWS currently contends that the fountain darter, San Marcos gambusia, and Texas wild-rice are generally "taken," i.e. killed or injured, when springflow at San Marcos Springs drops to below 100 cubic ft. per second ("c.f.s."). FWS also currently contends that when San Marcos springflow drops to 100 c.f.s., there is an appreciable reduction in the likelihood of survival and recovery of these three species (i.e. "jeopardy " conditions exist), and there is an appreciable diminution of the value of critical habitat for the survival and recovery of these species (i.e. destruction or adverse modification of critical habitat occurs).

The FWS has made similar general determinations of the springflow needs of the fountain darter in Comal Springs. Those numbers are: (1) 200 c.f.s. for "take"; and (2) 150 c.f.s for "jeopardy."

With respect to the threatened or endangered species found within the Comal and San Marcos Springs, the Authority, pursuant to §§1.14(a) and (h) of the Edwards Aquifer Authority Act, has broad powers and responsibilities to take measures designed to protect these species. In order to achieve that objective, the Authority is currently engaged in a large-scale project to develop a habitat conservation plan, or HCP, for the management of the aquifer and protection of the listed species. Any such HCP will ultimately be approved by FWS before it is implemented. The HCP is a long-term project which will likely take many months for completion. In the meantime, the Authority believes these emergency rules are needed as a short-term remedy.

The Authority does not concede that it can legally be held directly liable for a "take" of the species based upon diminished springflows. It has, however, been advised by FWS that FWS may seek to hold the Authority liable for a "take" under the ESA if springflows drop below these specified levels. Likewise, the Authority does not concede that the springflow numbers currently relied upon by FWS accurately reflect when "take," "jeopardy" or adverse habitat modification occur. The Authority believes that, as more biological data on the species is developed, these flow numbers might be revised. It is hoped that the Authority's HCP project will lead to such revisions. In the meantime, however, the Authority has determined that it needs to implement these emergency rules in order to reduce aquifer withdrawals and thereby increase, or at a minimum, slow decreases in flows at Comal and San Marcos Springs in order to protect these species.

Spring discharge is a function of groundwater elevation in the aquifer. The Authority maintains a series of observation and index wells across the region to gauge groundwater elevations in the aquifer. The index well for Medina and Atascosa Counties (Hondo Well) and the index well for Bexar, Comal, Caldwell, Guadalupe, and Hays Counties (J-17) have indicated a sharp drop over the preceding 10 days (attached Figure 1). Comal Springs has also shown a corresponding decrease in discharge. J-17 is used to predict trends in the aquifer because it has a very good correlation to spring flow at Comal Springs. In addition, San Marcos Springs has a significant regional flow component from the western region which increases as aquifer levels drop.

Aquifer levels are decreasing because of hot and dry weather across the region and the subsequent increase in demand by municipal and agricultural users. Long-range weather predictions indicate that these conditions will most likely persist. In addition, the months of May, June, July, and August have historically been high demand periods for the region that will put an additional stress on aquifer levels.

Groundwater discharge at San Marcos Springs has been above 100 c.f.s. for a number of months; however, increased demand of groundwater across the region resulted in San Marcos Springs reaching 98 c.f.s. on April 30, 2000. In addition, Comal Springs is also expected to reach 200 c.f.s. by the third week in May.

Figure 1 is a graph of groundwater elevations at the J-17 Index Well for the previous nine months. A trend analysis of the data for the period between November 1999 and mid April 2000 indicated that the aquifer would not drop below 650 feet mean sea level (msl) during the high demand summer months. An elevation of 650 feet msl in J-17 is approximately equal to 200 cfs at Comal Springs. Generally, demand during the late fall and winter months decreases and the aquifer levels rebound as recharge surpasses discharge. This trend is indicated in Figure 1 for the October-November time period in 1999. However, an unexpected acceleration in the rate of decline since April 16, 2000 has indicated a much greater rate of decrease, with J-17 dropping below 650 feet msl on April 30, 2000.

A reduction in aquifer demand through implementation of these rules at this time will help limit the rate of decline of the aquifer and help mitigate impacts of dry weather and groundwater demand on San Marcos and Comal Springs until wetter and cooler weather returns.

For these reasons, these rules are adopted on an emergency basis because the Authority finds that an imminent peril to public health, safety or welfare and a requirement of federal law requires adoption of these rules on fewer than 30 days' notice. As explained more fully above, declining aquifer and springflow levels create an imminent peril to the well-being of federally-listed species in Comal and San Marcos Springs. Congress, through the passage of the ESA, has determined that protection of endangered species is of the utmost importance to mankind.

It is in the best interests of mankind to minimize the losses of genetic variations. The reason is simple: they are potential resources. They are keys to puzzles which we cannot solve, and may provide answers to questions which we have not yet learned to ask.1 (1 H.R. Rep. No. 93-412, 93d Cong., 1st Sess., pp. 4-5 (1973) (Committee report on statutory precursor to the ESA)).

Declining springflows, therefore, create an imminent threat to public health, safety and welfare which requires adoption of these rules on fewer than 30 days' notice.

Further, based upon current aquifer conditions combined with the approach of the typically "high-demand" months of May, June, July and August, springflow rates and aquifer levels could continue to decline precipitously. The Authority believes that quick implementation of the aquifer withdrawal reduction measures mandated by these rules will reduce the likelihood of the need to impose more draconian demand management measures at a later time, thereby averting negative economic impacts and other threats to the public welfare in the region.

Finally, as explained more fully above, because dropping springflow levels threaten the listed species at Comal and San Marcos Springs, federal law (the "ESA") requires adoption of these rules on fewer than 30 days' notice.

The Authority has determined that a local employment impact statement ("LEIS"), pursuant to §2001.022 of the TEXAS GOVERNMENT CODE, is not required for the adoption of these emergency rules because the requirement to prepare an LEIS is made explicitly inapplicable to the adoption of emergency rules pursuant to TEXAS GOVERNMENT CODE §2001.022(g).

The Authority has determined that a regulatory impact analysis of major environmental rules ("RIAMER"), pursuant to §2001.0225 of the TEXAS GOVERNMENT CODE, is not required for the adoption of these emergency rules. This conclusion has been reached for the following reasons: First, the requirements of §2001.0225 do not apply to rules proposed or adopted on an emergency basis to protect the environment or to reduce risks to human health from environmental exposure. See , TEXAS GOVERNMENT CODE §2001.0225(h). These emergency rules fall well within the scope of this exception. Second, because emergency rules may, pursuant to TEXAS GOVERNMENT CODE §2001.034(a), be adopted without any prior notice or hearing, compliance with the "notice", "draft impact analysis" and "final regulatory analysis" required by §2001.0225 would be impossible during emergency rulemaking.

The Authority has determined that a small business effects statement ("SBES"), pursuant to Chapter 2006, subchapter A, TEXAS GOVERNMENT CODE, is not required for the adoption of these emergency rules. The basis for this determination is that the Act does not itself make the Authority subject to Chapter 2006, and the Authority is not a "state agency" as that term is defined in §2006.001(3), TEXAS GOVERNMENT CODE. Further, the Authority has determined that, as a matter of law, chapter 2006, Subchapter A, is inapplicable to emergency rulemaking.

The Authority has determined that the preparation of a Takings Impact Assessment ("TIA") pursuant to Subchapter C, Chapter 2007, TEXAS GOVERNMENT CODE (the "Property Rights Act") is not required in connection with the Authority's adoption of these emergency rules. This determination has been reached for the following reasons: First, the procedural requirements of the Property Rights Act are incompatible with the requirements concerning emergency rulemaking set forth in TEXAS GOVERNMENT CODE ANNOTATED §2001.034. In the event of an unreconcilable conflict between two statutes, the more specific statue (in this case, TEXAS GOVERNMENT CODE ANNOTATED §2001.034) prevails. Second, all actions of the Authority are excluded from the Property Rights Act by virtue of TEXAS GOVERNMENT CODE ANNOTATED §2007.003(b)(11)(C). Third, the Authority's adoption of these emergency rules are actions reasonably taken to fulfill an obligation mandated by state and federal law and is therefore excluded from the Property Rights Act by virtue of TEXAS GOVERNMENT CODE ANNOTATED §2007.003(b)(4). Finally, the Authority's adoption of these emergency rules is an action taken in response to a real and substantial threat to public health and safety and is therefore excluded from the Property Rights Act by virtue of TEXAS GOVERNMENT CODE ANNOTATED §2007.003(b)(13).

Expedited Effective Date Notice

These emergency rules shall be effective immediately upon filing with the Secretary of State and shall be effective for 120 days, unless renewed by the Authority. Pursuant to §2001.034 and §2001.036 of the TEXAS GOVERNMENT CODE and as explained more fully above, the Authority finds that this expedited effective date is necessary because of imminent peril to the public health, safety or welfare.

Subchapter A. DEFINITIONS

31 TAC §720.1

The new rules are adopted on an emergency basis by the Authority pursuant to §§1.08(a), 1.11(a), 1.14(a), (f) and (h), 1.15(a), 1.17(b) and (c), and 1.26 of the Act of May 30, 1993, 73rd Legislature Regular Session, chapter 626, 1993 TEXAS GENERAL LAWS 2350, as amended by Act of May 28, 1995, 74th Legislature, Regular Session, chapter 3189, 1995 TEXAS GENERAL LAWS 2505, Act of May 16, 1995, 74th Legislature, Regular Session, chapter 361, 1995 TEXAS GENERAL LAWS 3280, and Act of May 6, 1999, 76th Legislature, Regular Session, chapter 163, 1999 TEXAS GENERAL LAWS (the "Act"). Section 1.08(a) grants the Authority all powers, rights and privileges necessary to manage, conserve, preserve and protect the aquifer; §1.11(a) requires the Authority to adopt rules to carry out its powers and duties under the Act; §1.14(a) requires the Authority to limit all authorizations and rights to withdraw water from the aquifer to, among other things: (1) protect the water quality of the aquifer and its springflows, (2) achieve water conservation, (3) protect aquatic and wildlife habitats, and (4) protect species that are listed as endangered or threatened; §1.14(f) enables the Authority to interrupt permitted withdrawals if aquifer levels drop below 650 feet at index well J-17 or below 845 feet at index well J-27, and requires the Authority to limit additional withdrawals to ensure springflows are not affected during critical drought conditions; §1.14(h) requires the Authority to implement and enforce water management practices to ensure that springflows of the Comal and San Marcos Springs are maintained to protect endangered and threatened species to the extent required by federal law through, inter alia, "phased reductions" in the amount of aquifer water that may be withdrawn; §1.15(a) directs the Authority to manage all withdrawals from the aquifer; §1.17(b) allows the Authority to determine interim authorization amounts; §1.17(c) clarifies that interim authorization use is subject to the Authority's rules; §1.26 directs the Authority to implement a plan for critical period management which distinguishes between discretionary and non-discretionary uses, requires reductions in discretionary uses, requires utility pricing to limit use by water utility customers, and requires reductions of nondiscretionary uses as necessary.

§720.1.Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1)

Applicant - An existing user who has filed with the Authority an application for an initial regular Permits/Enforcement Coordinator.

(2)

Aquifer - The Edwards Aquifer, which is that portion of an arcuate belt of porous, water-bearing, predominantly carbonate rocks known as the Edwards and Associated Limestones in the Balcones Fault Zone extending from west to east to northeast from the hydrologic division near Brackettville in Kinney County that separates underground flow toward the Comal Springs and San Marcos Springs from underground flow to the Rio Grande Basin, through Uvalde, Medina, Atascosa, Bexar, Guadalupe, and Comal counties, and in Hays County south of the hydrologic division near Kyle that separates flow toward the San Marcos River from flow to the Colorado River Basin.

(3)

Athletic field - A sports play field including playgrounds whose essential feature is a grass turf, other than a golf course.

(A)

Conforming athletic field - An athletic field with an approved groundwater conservation plan under §720.150 of this chapter (relating to Athletic Fields);

(B)

Non-conforming athletic field - Any other athletic field that is not a conforming athletic field.

(4)

Authorized pumping amount - an applicant's interim authorization amount as set forth in Section 4B of a Declaration of Historical Use plus a transferred amount, if any, or the contracted amount which is applied against a monthly pumping schedule.

(5)

Average historical groundwater withdrawal amount - The average annual amount of groundwater pumped during the years an applicant was in business from June 1, 1972 to May 31, 1993.

(6)

c.f.s. - Cubic feet per second.

(7)

Commercial landscape watering - landscape watering which is not agricultural or residential.

(8)

Conjunctive user - An applicant is a conjunctive user if:

(A)

the applicant uses water other than groundwater from the aquifer for at least 10% of the portion of the total amount of water used in the preceding 12 months;

(B)

the non-aquifer water satisfies a demand that would otherwise be satisfied by the aquifer;

(C)

the applicant, on a daily basis, uses all available non-aquifer water before using aquifer groundwater; and

(D)

the non-aquifer water use considered with respect to determining the applicant's status as a conjunctive user was first used after 1986.

(9)

Conservation Plan - a method and time schedule for the application of groundwater for commercial landscaping.

(10)

Contract amount - An amount of groundwater from the aquifer than an applicant contracts with the Authority not to withdraw over an annual basis in excess of.

(11)

Day - A 24-hour period beginning at midnight Central Daylight Time (CDT).

(12)

Discretionary use - Any use of groundwater other than a nondiscretionary use.

(13)

ft. m.s.l. - Feet above mean sea level.

(14)

Golf course - An area of land used for the game of golf.

(A)

Conforming Golf Course - A golf course with an approved groundwater conservation plan pursuant to §720.148 of this chapter (relating to Golf Courses).

(B)

Non-conforming golf course - Any other golf course that is not a conforming golf course.

(15)

Groundwater - Water within or withdrawn from the Edwards Aquifer.

(16)

Index well - One of the following wells indicating aquifer water level conditions used to declare Emergency Drought Management Stages:

(A)

for Bexar, Guadalupe, Comal, Hays, and Caldwell counties, well J-17;

(B)

for Uvalde County, well J-27; and

(C)

for Medina and Atascosa Counties, the Medina well in the Hondo Well Yard (well number TD 69-47-306).

(17)

Interim Authorization - The period prior to the issuance of an initial regular permit when an applicant owning a well qualifying for interim authorization status may withdraw on an annual basis an amount that can not exceed the applicant's historical, maximum beneficial use as claimed on Section 4B of an application for the initial regular permit.

(18)

Landscape watering - The application of groundwater from the aquifer for the discretionary use to grow or maintain plants such as flowers, ground covers, turf or grasses, shrubs, and trees, but does not include:

(A)

Nondiscretionary use without waste of groundwater by a commercial nursery to the extent the water is used for production rather than decorative landscaping;

(B)

Application of groundwater without waste to a non-commercial family garden or orchard, the produce of which is for household consumption only;

(C)

Application of groundwater by means of hand-held bucket; hand-held hose; soaker hose or properly installed drip irrigation system; and

(D)

Application of groundwater by means of a soaker hose, hand-held hose, or properly installed drip irrigation system immediately next to a concrete foundation solely for the purpose of preventing, to the extent the watering is necessary, substantial damage to the foundation or the structure caused by movement of the foundation.

(19)

Maximum allowable withdrawals - The product of the groundwater withdrawal times the reduction percentage assigned to each reduction stage. The stages and reduction percentages are shown in the figure listed in §720.136(f) of this title (relating to Beginning and End of Emergency Drought Management Stages).

(20)

Maximum transfer withdrawals - The product of the estimated monthly transfer amount times the reduction percentage assigned to each reduction stage.

(21)

Monthly pumping schedule - The amount of water an applicant plans to pump each month of a calendar year. If an applicant fails to provide the Authority with a pumping schedule within thirty days of adoption of these rules, the Authority will determine a pumping schedule for the applicant.

(22)

Municipal distribution system - a system for the distribution of potable water from the aquifer for municipal use by an applicant who is a person, privately owned utility, political subdivision, or other entity.

(23)

Nondiscretionary use - A use of groundwater for:

(A)

The protection of public health, safety, or welfare, including but not limited to use for drinking, food preparation, personal hygiene, public sanitation, control or prevention of disease, and fire fighting;

(B)

An industrial, irrigation, or military use that directly supports gainful employment; or

(C)

Domestic or livestock use.

(24)

Transfer - The sale or lease of an applicant's interim authorization status to a third party.

(25)

Transfer schedule - A document indicating the estimated monthly amount of groundwater to be withdrawn by each applicant that has been transferred.

(26)

Water Conservation Rates - A method of encouraging efficient water use through quantity-based pricing structures by means of increasing the price of the water as more volume of water is used.

(27)

Watering days and hours - A day and hours designated for landscape watering, limited as follows:

(A)

Stage I is limited to the morning hours from midnight to 10:00 a.m. and the evening hours from 8:00 p.m. to midnight. Thus, if Friday is a designated watering day, the period of time referenced is Friday morning between 12:00 a.m. to 10:00 a.m., and Friday evening between 8:00 p.m. and midnight; and

(B)

Stage II is limited to the morning hours of 3:00 a.m. to 8:00 a.m., and the evening hours of 8:00 p.m. to 10:00 p.m.

Filed with the Office of the Secretary of State,on May 10, 2000.

TRD-200003316

Gregory M. Ellis

General Manager

Edwards Aquifer Authority

Effective date: May 10, 2000

Expiration date: September 7, 2000

For further information, please call: (210) 222-2204

31 TAC §§720.120, 720.122, 720.124, 720.126, 720.128, 720.130, 720.132, 720.134, 720.136, 720.138, 720.140, 720.142, 720.144, 720.146, 720.148, 720.150, 720.152, 720.154, 720.156, 720.157, 720.158, 720.160, 720.162, 720.164

The new rules are adopted on an emergency basis by the Authority pursuant to §§1.08(a), 1.11(a), 1.14(a), (f) and (h), 1.15(a), 1.17(b) and (c), and 1.26 of the Act of May 30, 1993, 73rd Legislature Regular Session, chapter 626, 1993 TEXAS GENERAL LAWS 2350, as amended by Act of May 28, 1995, 74th Legislature, Regular Session, chapter 3189, 1995 TEXAS GENERAL LAWS 2505, Act of May 16, 1995, 74th Legislature, Regular Session, chapter 361, 1995 TEXAS GENERAL LAWS 3280, and Act of May 6, 1999, 76th Legislature, Regular Session, chapter 163, 1999 TEXAS GENERAL LAWS (the "Act"). Section 1.08(a) grants the Authority all powers, rights and privileges necessary to manage, conserve, preserve and protect the aquifer; §1.11(a) requires the Authority to adopt rules to carry out its powers and duties under the Act; §1.14(a) requires the Authority to limit all authorizations and rights to withdraw water from the aquifer to, among other things: (1) protect the water quality of the aquifer and its springflows, (2) achieve water conservation, (3) protect aquatic and wildlife habitats, and (4) protect species that are listed as endangered or threatened; §1.14(f) enables the Authority to interrupt permitted withdrawals if aquifer levels drop below 650 feet at index well J-17 or below 845 feet at index well J-27, and requires the Authority to limit additional withdrawals to ensure springflows are not affected during critical drought conditions; §1.14(h) requires the Authority to implement and enforce water management practices to ensure that springflows of the Comal and San Marcos Springs are maintained to protect endangered and threatened species to the extent required by federal law through, inter alia, "phased reductions" in the amount of aquifer water that may be withdrawn; §1.15(a) directs the Authority to manage all withdrawals from the aquifer; §1.17(b) allows the Authority to determine interim authorization amounts; §1.17(c) clarifies that interim authorization use is subject to the Authority's rules; §1.26 directs the Authority to implement a plan for critical period management which distinguishes between discretionary and non-discretionary uses, requires reductions in discretionary uses, requires utility pricing to limit use by water utility customers, and requires reductions of nondiscretionary uses as necessary.

§720.120.Policy/Mission Statement.

The purpose of this subchapter is to enable the authority to diminish the possibility of cessation of springflow, by working toward accomplishment of §1.14(h) of the Act.

§720.122.Applicability.

This chapter applies to

(1)

applicants; and

(2)

owners of exempt wells.

§720.124.Exempt Wells.

Owners of exempt wells are subject to the reduction measures in §720.142 (relating to Stage I Restrictions), §720.144 (relating to Stage II Restrictions), and §720.146 (relating to Stage III Emergency Springflow Protection Measures) of this title, irrespective of the reference to "applicant" in these sections.

§720.126.Nondiscretionary Uses.

Nondiscretionary uses will be reduced if necessary in order to help maintain adequate minimum spring discharges. These might be required under §720.146 of this subchapter (relating to Stage III Emergency Springflow Protection Measures) and, if required, will follow the priority as specified in §1.26(4) of the Act.

§720.128.Reduction Efforts for Discretionary Uses.

(a)

An applicant shall avoid exceeding the maximum allowable withdrawal level at each Emergency Drought Management Stage by conserving groundwater, minimizing waste, reducing discretionary uses of groundwater to the maximum extent feasible, and taking any other necessary steps to reduce withdrawals of groundwater from the aquifer.

(b)

A municipal distribution system, or appropriate governmental jurisdiction, shall adopt and enforce an Emergency Drought Management Ordinance, a Critical Period Management Ordinance, or other appropriate legal instrument that meets or exceeds §720.136(d) of this chapter (relating to Beginning and End of Emergency Drought Management Stages).

(c)

All proposed or current ordinances (or appropriate legal instruments) will be submitted to the general manager for review and approval as a qualifying instrument to ensure compliance with this chapter.

(d)

If a municipal distribution system, or appropriate governmental jurisdiction, does not have the authority to enforce this subchapter(s), then the Authority will be responsible for enforcement.

(e)

During all times, in which a qualifying ordinance is not in effect, the provisions of this subchapter shall apply.

(f)

The Emergency Drought Management Ordinance, or Critical Period Management Ordinance must be certified by the general manager as a qualifying instrument to ensure compliance with this chapter. The ordinance shall be certified within 30 days of receipt by the Authority, unless the general manager requests additional information from the applicant , or if the general manager fails to respond within 30 days. All municipal distribution systems, or appropriate governmental jurisdictions, shall file with the Authority any updated water service pricing orders or ordinances adopting rates, charges, and other Emergency Drought programs by their effective date. If the general manager does not certify the Emergency Drought Management Ordinance (or other appropriate legal instrument) then the municipal distribution system, or appropriate governmental jurisdiction, has the right to appeal the decision to the Board of Directors of the Authority on a form prescribed by the Authority.

§720.130.Emergency Drought Management Stages - East Area.

The Emergency Drought Management Stages listed in paragraphs (1)-(3) of this section apply within the boundaries of the Authority in the counties of Bexar, Comal, Hays, Caldwell, and Guadalupe. When the J-17 well reaches the following levels:

(1)

Stage I. Stage I applies on any day following a day when the J-17 well level is at or below 650 ft. m.s.l. and above 640 ft. m.s.l.;

(2)

Stage II. Stage II applies on any day following a day when the J-17 well level is at or below 640 ft. m.s.l. and above 630 ft. m.s.l.; or

(3)

Stage III Emergency Springflow Protection Measures. Stage III Emergency Springflow Protection Measures applies on any day following a day when the J-17 well level is at or below 630 ft. m.s.l.

§720.132.Emergency Drought Management Stages - Medina/Atascosa Area.

The Emergency Drought Management Stages listed in paragraphs (1) - (3) of this section apply within the boundaries of the Authority in the counties of Medina and Atascosa, when the Medina well level reaches the following levels:

(1)

Stage I. Stage I applies on any day following a day when the TD 69-47-306 Medina well level is at or below 670 ft. m.s.l. and above 660 ft. m.s.l.;

(2)

Stage II. Stage II applies on any day following a day when the TD 69-47-306 Medina well level is at or below 660 ft. m.s.l. and above 655 ft. m.s.l.; or

(3)

Stage III Emergency Springflow Protection Measures. Stage III Emergency Springflow Protection Measures applies on any day following a day when TD 69-47-306 Medina well level is at or below 655 ft. m.s.l.

§720.134.Emergency Drought Management Stages-Uvalde Area.

The Emergency Drought Management Stages listed in paragraphs (1) - (3) of this section apply within the boundaries of the Authority in the County of Uvalde, when the J-27 level reaches the following levels:

(1)

Stage I. Stage I applies on any day following a day when the J-27 well level is at or below 845 ft. m.s.l. and above 840 ft. m.s.l.;

(2)

Stage II. Stage II applies on any day following a day when the J-27 well level is at or below 840 ft. m.s.l. and above 835 ft. m.s.l.; or

(3)

Stage III Emergency Springflow Protection Measures. Stage III Emergency Springflow Protection Measures applies on any day following a day when the J-27 level is at or below 835 ft. m.s.l.

§720.136.Beginning and End of Emergency Drought Management Stages.

(a)

The general manager will post on the Internet and at the official office of the authority, by 10:00 a.m. every business day, the most recently available index well levels and the applicable Emergency Drought Management Stage as established by §§720.130, 720.132, and 720.134 of this title (relating to Emergency Drought Management Stages - East Area; Emergency Drought Management Stages - Medina Area; Emergency Drought Management Stages - Uvalde Area, respectively).

(b)

If the groundwater elevation for the relevant index well is not available on a particular day, the stage in effect in the applicable area will continue to the next day.

(c)

An Emergency Drought Management Stage will remain in effect for at least thirty days unless a more restrictive stage is implemented. A stage may be rescinded before the thirty days expire if the general manager determines aquifer groundwater levels are sufficient to end the stage.

(d)

The maximum allowable withdrawals for each stage are as follows:

(1)

Stage I Restrictions: The maximum allowable withdrawals for applicants, except for irrigation users, shall be 95% of the authorized pumping amount for that corresponding month.

(2)

Stage II Restrictions: The maximum allowable withdrawals for applicants, except for irrigation users, shall be 90% of the authorized pumping amount for that corresponding month.

(3)

Stage III Emergency Springflow Protection Measures: The maximum allowable withdrawals for applicants, except for irrigation users, shall be 85% of the authorized pumping amount for that corresponding month.

(e)

Transfer Withdrawals - Withdrawals of transferred amounts are based on the estimated monthly withdrawals indicated on the transfer schedule and for each stage is as follows: Stage I - 95% of monthly withdrawals; Stage II - 90% of monthly withdrawals; Stage III Emergency Springflow Protection Measures - 85% of monthly withdrawals. The monthly transfer schedule is the total amount of transfer water that can be withdrawn monthly. The monthly transfer schedule is determined by the following: Monthly transfer schedule = Total Annual Transfer Amount * ( monthly pumping schedule for the corresponding month / interim authorization amount or contract amount.).

(f)

The well levels that trigger stages as described in this section and the applicable maximum withdrawal amounts are stated in the following table, which is incorporated herein. Stages are triggered independently in each of the three areas.

Figure: 31 TAC §720.136(f)

§720.138.Enforcement.

(a)

All measurements in this section are for one calendar month intervals.

(b)

Subject to §720.126 of this title (relating to Nondiscretionary Uses), applicants are prohibited from withdrawing more than the applicable monthly pumping schedules during each Emergency Drought Management Stage.

(c)

An applicant that violates these rules is subject to enforcement as provided for in the Act.

§720.140.Determination of Monthly Pumping Schedule.

(a)

The general manager will initially determine the monthly pumping schedule for each applicant, except an irrigation user. The general manager will notify applicants of the determinations in writing.

(b)

The general manager, with the approval of the board, may calculate the monthly pumping schedule and monthly transfer schedule on different criteria than is otherwise required by these rules in particular cases, to better approximate the minimum amount of groundwater the applicant needs for nondiscretionary uses, or to avoid penalizing the applicant for development of alternative water supplies.

(c)

Notwithstanding subsection (a) of this section, applicants have the duty to self-determine their monthly pumping schedule and monthly transfer schedule within 30 days of the implementation of these rules regardless of whether the general manager has determined such amounts or notified an applicant of such determinations.

§720.142.Stage I Restrictions.

When Stage I is in effect, the following restrictions apply to applicants, or their customers as applicable throughout the applicable area of the Authority:

(1)

An applicant shall file monthly withdrawal reports.

(2)

No applicant may withdraw from the aquifer more than 95% of the authorized pumping amount for that corresponding month.

(3)

Municipalities must designate a specific day or days of the calendar week when customers within their jurisdictions are allowed to use groundwater for landscape watering, in accordance with this section. For all customers of applicants using groundwater for landscape watering of property located within a municipality, the watering days are those days designated in that system's Emergency Drought Management Ordinance or Critical Period Management Ordinance. Municipal distribution systems, or appropriate governmental jurisdictions, are encouraged to stagger those days to reduce peaks of demand.

(4)

For all applicants and owners of exempt wells whose property is not in a municipality, the watering day, in accordance with the last digit of the property address is as follows:

Figure: 31 TAC §720.142(4)

(5)

No applicant or owner of an exempt well may use groundwater for an ornamental outdoor fountain or similar feature.

(6)

Applicants and owners of exempt Edwards Aquifer water wells inside the appropriate jurisdiction of a municipal corporation must comply with that entity's Emergency Drought Management Ordinance.

§720.144.Stage II Restrictions.

When Stage II is in effect, the following restrictions apply to all applicants, or their customers as applicable, and owners of exempt wells throughout the applicable area of the Authority:

(1)

An applicant shall file monthly withdrawal reports.

(2)

Section 720.142 of this title (relating to Stage I Restrictions) apply in Stage II.

(3)

No applicant may withdraw from the aquifer more than 90% of the authorized pumping amount for that corresponding month. Municipalities must designate a specific day or days of the calendar week when customers within their jurisdictions are allowed to use groundwater for landscape watering, in accordance with this section.

(4)

Landscape watering hours are reduced to the morning hours of 3:00 a.m. to 8:00 a.m. and the evening hours of 8:00 p.m. to 10:00 p.m. However, landscape watering by means of a hand-held hose, a hand-held bucket, a soaker hose, or a properly installed drip irrigation system is permitted on the authorized day of the week during the designated hours listed in this paragraph. Persons utilizing irrigation systems requiring more than seven hours to complete one weekly watering cycle may request a variance in accordance with §720.158 of this title (relating to Variance Applications). Such a request must be accompanied by an emergency plan.

(5)

Filling of all new and existing swimming pools is prohibited, unless at least 30% of the water is obtained from a source other than the aquifer. Groundwater may be used to replenish swimming pools to maintenance level. Draining of swimming pools is permitted only onto a pervious surface or onto a pool deck where the water is transmitted directly to a pervious surface, only if necessary, to:

(A)

remove excess water from the pool due to rain to lower the water to the maintenance level;

(B)

repair, maintain, or replace a pool component that has become hazardous; or

(C)

repair a pool leak.

§720.146.Stage III Emergency Springflow Protection Measures.

When Stage III is in effect, the following restrictions apply to all applicants and owners of exempt wells throughout the applicable area of the Authority:

(1)

Any other provision of this chapter notwithstanding, groundwater from the aquifer may be used when and to the extent it is necessary to prevent danger to public health, safety, or welfare.

(2)

The provisions of §720.142 of this chapter (relating to Stage I Restrictions);

(3)

The provisions of §720.144 of this chapter (relating to Stage II Restrictions);

(4)

An applicant may not withdraw from the aquifer more than 85% of the authorized pumping amount for the corresponding month.

(5)

An applicant shall submit weekly reports of groundwater withdrawals as required by §720.157 of this chapter (relating to Weekly Withdrawal Reports).

(A)

Weekly groundwater reports are to be submitted to the authority by 8:00 a.m. on Tuesday following the reporting week.

(B)

Weekly groundwater reports will monitor progress towards monthly pumping goals; however, compliance and enforcement will be based on monthly reports.

(C)

The reporting period for Weekly groundwater reports is from Sunday to Saturday.

(6)

Irrigation is limited to two acre-feet per acre irrigated during the calendar year. Irrigation can continue on the acreage irrigated during that calendar year if the crop is planted prior to implementation of Stage III Emergency Springflow Protection Measures. Irrigation of a new crop is prohibited during or while Stage III Emergency Springflow Protection Measures are in effect. This limitation is subject to variances that may be issued by the general manager based on rainfall.

(7)

Landscape watering by means of a hand-held hose, a hand-held bucket, a soaker hose, properly installed drip irrigation system is permitted during the same days and hours authorized in Stage II.

(8)

The Authority may seek further reductions of groundwater withdrawals for Stage III and may require reduction of nondiscretionary use by permitted or contractual users, to the extent further reductions are necessary, in the reverse order of the following water use preference:

(A)

municipal, domestic, and livestock

(B)

industrial and crop irrigation;

(C)

residential landscape irrigation;

(D)

recreational and pleasure; and

(E)

other uses that are authorized by law.

§720.148.Golf Courses.

Notwithstanding any other language in this Emergency Drought Management Plan, the owners of golf courses that are applicants or customers of an applicant shall be required to submit a groundwater conservation plan and shall be defined as "conforming" and "non-conforming" and shall reduce usage of aquifer groundwater under the following terms:

(1)

A conforming golf course is one that achieves enhanced conservation by utilizing a computer controlled irrigation system ("CCIS"), or similar system, which may be comprised of a computer controller (digital operating system), software, interface modules, satellite, field controller, soil sensors, weather station, or similar devices, which is capable of achieving maximum efficiency and conservation in the application of water to the golf course, must accomplish the following restrictions listed in subparagraphs (A)-(C) of this paragraph:

(A)

Stage I - 10% reduction in the replacement of daily evapotranspiration rate ("ET rate") or daily soil holding capacity; or use of not more than 95% of the Authorized Pumping Amount for that corresponding month,

(B)

Stage II -- 15% reduction in the replacement of ET rate or daily soil holding capacity; or use of not more than 90% of the Authorized Pumping Amount for that corresponding month,

(C)

Stage III Emergency Springflow Protection Measures -- 20% reduction in the replacement of daily ET rate or daily soil holding capacity, or use of not more than 85% of the Authorized Pumping Amount for that corresponding month.

(2)

A non-conforming golf course shall comply with the following reduction measures listed in subparagraphs (A)-(C) of this paragraph:

(A)

Stage I -- 15% reduction in the replacement of daily ET rate as monitored by a properly operating CCIS or use of not more than 95% of the Authorized Pumping Amount for that corresponding month for golf courses that are not equipped with a CCIS;

(B)

Stage II - 20% reduction in the replacement of daily ET rate as monitored by a properly operating CCIS or use of not more than 90% of the Authorized Pumping Amount for that corresponding month for golf courses that are not equipped with a CCIS;

(C)

Stage III Emergency Springflow Protection Measures- 30% reduction in the replacement of daily ET rate as monitored by a properly operating CCIS or use of not more than 85% of the Authorized Pumping Amount for that corresponding month for golf courses that are not equipped with a CCIS.

(3)

The owner or operator of a golf course must comply with all Stage III Emergency Springflow Protection Measures rules issued by the board under §720.146 of this chapter (relating to Stage III Emergency Springflow Protection Measures) of this title.

(4)

The owner or operator of a golf course must maintain daily water use records available for inspection upon request.

(5)

The owner or operator of a conforming golf course or a golf course with a CCIS must maintain daily water use records of their evapotransporation ("ET rate") or daily soil holding capacity, which must be available for inspection upon request.

(6)

All daily records must be kept on site.

§720.150.Athletic Fields.

Notwithstanding any other language in this Emergency Drought Management Plan, the owners of an athletic field that is an applicant, or a customer of an applicant, shall only be required to submit a groundwater conservation plan and shall be defined as "conforming" and "non-conforming" and shall reduce usage of aquifer groundwater under the following terms:

(1)

A conforming athletic field is one that achieves enhanced conservation by utilizing a computer controlled irrigation system ("CCIS"), or similar system, which may be comprised of a computer controller (digital operating system), software, interface modules, satellite, field controller, soil sensors, weather station, or similar devices, which is capable of achieving maximum efficiency and conservation in the application of water to the athletic field. must require the user to accomplish the following restrictions listed in subparagraphs (A)-(C) of this paragraph:

(A)

Stage I -- 10% reduction in the replacement of ET rate or daily soil holding capacity; or use of not more than 95% of the Authorized Pumping Amount for that corresponding month for athletic fields,

(B)

Stage II -- 15% reduction in the replacement of daily ET rate or daily soil holding capacity; or use of not more than 90% of the Authorized Pumping Amount for that corresponding month for athletic fields,

(C)

Stage III Emergency Springflow Protection Measures -- 20% reduction in the replacement of daily ET rate or daily soil holding capacity, or use of not more 85% of the Authorized Pumping Amount for that corresponding month for athletic fields

(2)

A non-conforming athletic field shall comply with the following reduction measures listed in subparagraphs (A)-(C) of this paragraph:

(A)

Stage I - 10% reduction in the replacement of daily ET rate as monitored by a properly operating CCIS, if determined to be cost effective, or use of not more 95% of the Authorized Pumping Amount for that corresponding month for athletic fields that are not equipped with a CCIS;

(B)

Stage II - 20% reduction in the replacement of daily ET rate as monitored by a properly operating CCIS, if determined to be cost effective, or use of not more than 90% of the Authorized Pumping Amount for that corresponding month for athletic fields that are not equipped with a CCIS;

(C)

Stage III Emergency Springflow Protection Measures - 30% reduction in the replacement of daily ET rate as monitored by a properly operating CCIS, if determined to be cost effective, or use of not more than 85% of the Authorized Pumping Amount for that corresponding month for athletic fields that are not equipped with a CCIS.

(3)

The owner or operator of an athletic field must comply with all Stage III Emergency Springflow Protection Measures rules issued by the board under §720.146 (relating to Stage III Emergency Springflow Protection Measures) of this title.

(4)

The owner or operator of an athletic field must maintain daily water use records available for inspection upon request.

(5)

The owner or operator of an athletic field with a CCIS must maintain daily water use records of their evapotransporation ("ET rate") or daily soil holding capacity, which must be available for inspection upon request.

(6)

All daily records must be kept on site.

§720.152.Commercial Landscape Watering.

Commercial landscape watering users that are applicants or customers of applicants that are outside an appropriate jurisdiction of a municipality and cannot specifically comply with §§720.142(3), 720.144(4), or 720.146(9) of this chapter (relating to Stage I Restrictions, State II Restrictions, and Stage III Emergency Springflow Protection measures respectively) may submit a Conservation Plan that achieves the withdrawal restrictions of the Authority. For customers of municipal distribution systems, or appropriate governmental jurisdictions, the general manager may refer to ordinances within the entities jurisdiction to determine consistency of the plan during his review.

§720.154.Groundwater Withdrawal Reports.

(a)

Every applicant other than an irrigation user, must file a groundwater withdrawal report with the Authority that contains the following information;

(1)

the applicant's name, address, and telephone number;

(2)

contact person and title;

(3)

the location and name or number of all wells from which groundwater is withdrawn (attach map);

(4)

the total amount of groundwater withdrawn each month during the 12 months prior to the date of the report;

(5)

the estimated amount of groundwater actually beneficially applied without waste to nondiscretionary uses, and the nature of such uses;

(6)

a summary of the applicant past efforts to conserve water and reduce the amount of water required, and the efficacy of such efforts;

(7)

a summary of any actions the applicant intends to take to conserve water and reduce the amount of water required in order to comply with these rules; and

(8)

any other information requested by the general manager.

(b)

An applicant must file its groundwater withdrawal report with the Authority within 30 days after the effective date of these rules.

(c)

A person who, based on a transfer, becomes an applicant after the effective date of these rules must file a groundwater withdrawal report within seven days of the first day the person becomes an applicant.

(d)

An applicant who, without good cause, fails to timely file a completed groundwater withdrawal report, is not entitled to exclude groundwater water under §720.126 of this title (relating to Nondiscretionary Uses) from mandatory restrictions until a groundwater withdrawal report is filed with the Authority.

(e)

The groundwater withdrawal report shall be filed on a form prescribed by the Authority.

(f)

The groundwater withdrawal report may be filed by e-mail, regular mail, or hand delivery. The subject line of the e-mail shall include: "GWR", an application number and applicant's name.

§720.156.Monthly Withdrawal Reports.

(a)

Each applicant must file monthly withdrawal reports with the Authority for any month during which a stage is in effect for the particular area where the applicant is located. These reports must contain the following information:

(1)

the applicant's name, address, and telephone number;

(2)

contact person and title;

(3)

the reporting month;

(4)

total amount of groundwater withdrawn during the reporting month;

(5)

the estimated amount of groundwater applied to nondiscretionary use during the reporting month, and the nature of such use; and

(6)

any other information requested by the general manager.

(b)

Monthly withdrawal reports must be filed with the Authority no later than the fifth business day of the month following the reporting month.

(c)

An applicant who fails to timely file a monthly withdrawal report in accordance with this section is not entitled to exclude groundwater under §720.126 of this title (relating to Nondiscretionary Uses) from mandatory restrictions for the reporting month.

(d)

The general manager may in special cases arrange for different reporting requirements under this section, including less frequent reporting.

(e)

The monthly withdrawal report shall be filed on a form prescribed by the Authority.

(f)

The monthly withdrawal report may be filed by e-mail, regular mail, or hand delivery. The subject line of the e-mail shall include: "MWR", the permit application number and applicant's name.

§720.157.Weekly Withdrawal Reports.

(a)

Each applicant must file weekly withdrawal reports with the Authority for any week during which Stage III Emergency Springflow Protection Measures is effect for the particular area where the applicant is located. These reports must contain the following information:

(1)

the applicant's name, address, and telephone number;

(2)

contact person and title;

(3)

the reporting week;

(4)

total amount of groundwater withdrawn during the reporting week;

(5)

any other information requested by the general manager.

(b)

Weekly withdrawal reports must be filed with the Authority no later than 8:00 a.m. on Tuesday of the week following the reporting week.

(c)

The general manager may in special cases arrange for different reporting requirements under this section, including less frequent reporting.

(d)

The weekly withdrawal report shall be filed on a form prescribed by the Authority.

(e)

The weekly withdrawal report may be filed by e-mail as an option to filing by regular mail or hand delivery. The subject line of the e-mail shall include: "WWR", the permit application number and applicant's name.

(f)

A reporting week is from Sunday through Saturday.

§720.158.Variance Applications.

An applicant may file with the Authority an application for a variance.

§720.160.Basis for Granting and Affirming Variances; Action of the General Manager.

The general manager shall provisionally grant an application for a variance from the Emergency Drought Management Plan until the board considers the variance application if all of the following elements are established by convincing evidence:

(1)

the applicant paid the application fee;

(2)

the variance is necessary to avoid an unusual, direct, and substantial hardship;

(3)

there are no other reasonably available means for avoiding the hardship or elimination without a variance;

(4)

the application is in compliance with the Act;

(5)

the application is in compliance with the rules of the Authority; and

(6)

granting the variance will not cause significant harm to any other person or group of persons.

§720.162.Board Action on Variance Application.

(a)

The board may affirm a provisional variance for a specific term and with any conditions the board deems appropriate.

(b)

The board may require an applicant granted a variance to file reports with the Authority containing such information as is relevant to monitoring the continuing appropriateness of the variance and compliance with the terms and conditions of the variance.

(c)

If the board does not affirm the general manager's action or variance, then the provision becomes null and void.

§720.164.Rescission of Variance.

The board may rescind a variance at any time due to changed circumstances, new information, or failure of an applicant to abide by the terms and conditions of the variance, the Act, the rules of the Authority, or any order of the board.

Filed with the Office of the Secretary of State,on May 10, 2000.

TRD-200003315

Gregory M. Ellis

General Manager

Edwards Aquifer Authority

Effective date: May 10, 2000

Expiration date: September 7, 2000

For further information, please call: (210) 222-2204