BARTON SPRINGS/EDWARDS AQUIFER CONSERVATION DISTRICT
RESOLUTION SUPPORTING THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE UNITED STATES FISH AND WILDLIFE SERVICE (USFWS) AND THE LOWER COLORADO RIVER AUTHORITY (LCRA) REGARDING THE PROPOSED US 290 WATER LINE

WHEREAS, The Hays County Commissioners Court in May declared a water emergency after residents in the northeastern part of Hays County reported dry wells, water shortages, and water quality problems; and,

WHEREAS, the LCRA has been studying ways to deliver safe, dependable drinking water to this area since 1995; and,

WHEREAS, the LCRA has committed to the completion of a full Environmental Impact Statement (EIS) prior to the construction of the water line in an effort to address the environmental concerns of the project and the secondary impacts associated with additional growth fostered by the water line; and,

WHEREAS, to provide relief during this Emergency Drought Declaration, the LCRA and the USFWS have entered into an MOU which recognizes the existence of an emergency condition due to the drought and the need to proceed with construction of the water line with expedited review by the USFWS prior to the completion of the EIS; and,

WHEREAS, the LCRA will begin construction on the proposed $25 million water line and distribution systems to bring treated surface water from its West Travis County Regional Water Treatment Plant to northern Hays County immediately to serve existing development. Customers must be signed up before the LCRA begins building the water line and LCRA agrees to voluntarily delay service to new development until the earlier of: completion of the EIS or January 1, 2002; and,

WHEREAS, service to this area includes areas over the environmentally sensitive Barton Springs watershed; and,

WHEREAS, the Barton Springs/Edwards Aquifer Conservation District's (BSEACD) mandate is to conserve, protect, and enhance the groundwater resources of the Barton Springs segment of the Edwards Aquifer and other groundwater resources located within the District's boundaries;

NOW THEREFORE, WE, the Board of Directors of BSEACD do hereby resolve that we support the Memorandum of Understanding between LCRA and USFWS with the understanding that:

1. The LCRA will commission and complete a full EIS of the impacts of serving new development on the Barton Springs Salamander by October 1, 2001, and that the USFWS will make any revisions to water quality standards within 90 days after completion of the study.

2. Thereafter, the LCRA agrees not to serve new development from the water line unless the new development complies with the USFWS water quality standards and independently obtains all necessary USFWS approvals.

3. That additional water quality standards may be developed by local governments in the region served by the water line, subject to approval by USFWS.

The Board urges all other government authorities in the Aquifer's recharge and contributing zones to adopt regulations consistent with it.

The motion passed with 5 ayes, and 0 nays.

PASSED AND APPROVED THIS 13th DAY OF July , 2000.