Cover

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Title page, Copyright, Dedication

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Contents

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Series Editor's Foreword

Andrew Sansom

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pp. ix-xii

It is fitting that this fifth title in the Conservation Leadership Series, jointly presented by Texas A&M University Press and The Meadows Center for Water and the Environment at Texas State University, covers a transformational breakthrough in our ability to provide leadership...

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Foreword

Glenn Hegar

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pp. xiii-xvi

Everyday our lives are filled with moments and events that we can rarely recall later in the day, much less years later. Every so often, something sticks in our minds as if it happened seconds ago. A vivid memory of mine is from the time I spent as a first year law student in...

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Preface

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pp. xvii-xx

On an evening in November 2011 I was being honored on the rooftop terrace of the Texas River Center at Texas State University for my contribution to a truly historic achievement. After four and one‑half years, thirty‑nine diverse stakeholders had reached consensus on the use of...

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Acknowledgments

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pp. xxi-xxii

The opportunity to write a book about the Edwards Aquifer Recovery Implementation Program (EARIP) is truly a gift. A big bonus was the opportunity to work with the individual stakeholders in that group. They are fine people, and I will always cherish memories of them, that...

Partial Cast of Characters

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pp. xxiii-xxviii

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Part I. The “Edwards Issue”

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pp. 1-4

The San Antonio segment of the Edwards Aquifer is a unique aquifer flowing 180 miles through channels and pathways in a highly porous limestone formation known as karst. The aquifer flows southwest to northeast, from near Brackettville, Texas, in the west to Buda...

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1. “What’s Past Is Prologue”

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pp. 5-26

The first well known to have been drilled into the Edwards Aquifer was the work of the Judson Brothers Well Drilling Company, in 1888. Until that time, San Antonio had been dependent on water from the San Antonio River. Soon thereafter...

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2. John Hall and the Edwards Underground River

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pp. 27-42

All of the historical efforts to resolve the Edwards Issue are important to the ultimate success of the Edwards Aquifer Recovery Implementation Program (EARIP). However, one effort stands out because of how close it came to succeeding...

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3. Judge Lucius Bunton and Sierra Club v. Babbitt

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pp. 43-48

On April 12, 1990, while the Edwards region was still in severe drought, the Sierra Club issued a notice of intent to sue with respect to violations of the Endangered Species Act. On May 19, 1991, within days of the failure of the Apple-white...

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4. Senate Bill 1477 and the Creation of the Edwards Aquifer Authority

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pp. 49-58

Even before Judge Bunton ruled in the Sierra Club v. Babbitt case, plans were being made to introduce an aquifer management bill in the 2003 session of the Texas Legislature. Representative Robert Puente said he expected to sponsor legislation...

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5. Sharpening the “Blunt Axe” of Federal Intervention

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pp. 59-69

When the Department of Justice decided that the Edwards Aquifer Authority Act violated the Voting Rights Act, Judge Bunton found himself in an awkward position. His initial order made clear that he intended to...

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6. Attempts by the Edwards Aquifer Authority to Tackle the Edwards Issue

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pp. 70-96

The Edwards Aquifer Authority had an elected board that was created largely to address the Edwards Issue. While issuing permits to meet the withdrawal caps was important to preventing sustained mining of the aquifer and lessening...

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Part 2. The Edwards Aquifer Recovery implementation Program

This section of the book does not contain an exhaustive description of all of the many issues that the EARIP had to address. Instead, it focuses on the issues most important to the successful completion of the Senate Bill 3 mandates. Chapter 7 chronicles the...

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7. Organizing the Program

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pp. 99-112

For fifty years, the competing interests in the Edwards region had tried to resolve their differences. Some efforts came close to succeeding, but all had ultimately failed. Over time, with each ensuing failure, the various interests in the region lost...

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8. Tackling the Minimum Flow Issue

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pp. 113-131

With the Texas Legislature having put the cap and statutory critical period management withdrawal reductions in place, two key contentious issues confronted the EARIP: (1) the minimum springflows necessary to...

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9. Funding and Allocating Costs

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pp. 132-156

The EARIP stakeholders anticipated that it would get federal money, at least to pay for the implementation of the habitat conservation plan. After the EARIP process had started, Dr. Joy Nicholopoulos clarified that the US Fish and Wildlife Service...

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10. Reflections

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pp. 157-170

The Edwards Aquifer habitat conservation plan was a historic achievement for the region. It provided the solution to the last, and probably most difficult, problem in resolving the Edwards Issue, and it brought an end to decades of acrimony...

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Appendix 1. Participants in the Edwards Aquifer Recovery Implementation Program

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pp. 171-174

The thirty‑ nine stakeholders listed below executed the 2007 memorandum of agreement with the US Fish and Wildlife Service regarding participation in the Edwards Aquifer Recovery Implementation Program...

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Appendix 2. The Endangered Species Act

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pp. 175-178

The Endangered Species Act (ESA) gives the federal government authority to protect threatened and endangered species from both federal and nonfederal actions.¹ The US secretary of the interior, through the US Fish and Wildlife Service, or the secretary of commerce, through...

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Appendix 3. Texas Water Law

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pp. 179-179

A root cause of the dispute over the use of the Edwards Aquifer is an outgrowth of the difference in the way Texas managed groundwater and surface water resources. A fundamental tenet of hydrology is that groundwater and surface water are interconnected resources. This tenet...

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Appendix 4. Elements of the Bottom‑ Up Approach

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pp. 180-184

The EARIP took a “bottom‑up” approach to developing the measures to ensure flow protection, starting with simpler and less costly elements and layering on additional elements until the springflow targets were met. The bottom‑up package consists of four elements: a regional...

Notes

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pp. 185-226

Index

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pp. 227-237