APPLICATION TO CONVERT BASE IRRIGATION GROUNDWATER CHANGE IN LAND USE

Transcription

1 900 E Quincy, San Antonio, Texas (210) or (800) Fax (210) APPLICATION TO CONVERT BASE IRRIGATION GROUNDWATER CHANGE IN LAND USE Instructions: This application is to be completed by anyone seeking to convert base irrigation groundwater to unrestricted irrigation groundwater pursuant to and of the Edwards Aquifer Authority rules. The application must be completed, signed and notarized before it can be processed by the Authority. Please complete all sections of this application in blue or black ink and supply the documentation requested below. Partial applications will be returned to the applicant for completion. Please keep a copy of the application for your records. Please print or type legibly. Fee required: A fee of $59.00 must accompany this application ($25 Application processing fee; $34.00 Administrative Fee for Permit recording costs). NO CASH PLEASE payments can also be made on line at PART I APPLICANT INFORMATION For each person or entity who owns or co-owns the initial regular permit or application for an initial regular permit for which this application is submitted, please provide the following information (attach additional pages if needed): Full Name: Telephone No. ( ) Physical Address: (Street) (City) (State) (Zip) Mailing Address if different from Physical Address: Address:

2 If the applicant designates a third party as his/her authorized representative, please provide the following information about the authorized representative: Full Name: Relationship to applicant (agent, officer, attorney, etc.): Telephone No. ( ) Physical Address: (Street) (City) (State) (Zip) Mailing Address if different from Physical Address: Address: State the Initial Regular Permit No. or Regular Permit No. for which this Application to Convert Base Irrigation Groundwater is submitted: Groundwater Withdrawal Permit No. P Do you certify that all fees, including aquifer management fees have been paid in full? Yes No Do you certify that Applicant has filed all reports required by the Authority s rules to have been filed? Yes No PART II CONVERSIONS BASED ON A CHANGE IN LAND USE Base irrigation groundwater may be converted to unrestricted irrigation groundwater because of a change in land use has occurred whereby any well used to irrigate the historically irrigated land and located on the land that is the subject of the application has been plugged or capped in accordance with subchapters C and D, Chapter 713, unless it can be demonstrated that the well is to be used for a future purpose other than irrigation use, And meets the requirements under (6)(A) or (6)(B) or (6)(C) or (6)(D) or (7) of the Edwards Aquifer Authority Rules. Is there an Edwards Well located on the lands that are the subject of the application? Has the well been plugged or capped? If yes, please include supporting documentation. If no, for what purpose will the well be used after the conversion has been approved? A. For a conversion under (6)(A), please provide information below, and attach supporting documentation to this application, demonstrating that at least 75 percent of the historically irrigated land (to which the base irrigation groundwater is attached and that is the subject of this application) has been physically developed in a manner that meets the characteristics of the development.

3 B. For a conversion under (6)(B), please provide information demonstrating that the historically irrigated land has been re-zoned such that it can no longer be used for agricultural purposes. C. For a conversion under (6)(C), please provide information demonstrating that the historically irrigated land has been acquired by an entity with the power of condemnation or eminent domain. Please also describe from where the entity gets its power of condemnation or eminent domain and describe how the entity uses the land in a manner within the entity s legally authorized purposes.

4 D. For a conversion under (6)(D), please provide information demonstrating that the historically irrigated land is no longer practicable to farm as evidenced by: (i) The historically irrigated land has not been irrigated for three (3) or more years; And (ii) Please submit evidence demonstrating one of the following: (a) Due to surrounding development, continuing agricultural activities on the land have the potential to compromise the health and safety of a farm operator or the general public occupying or residing on adjacent properties; or (b) Surrounding development substantially impairs any continued agricultural activities on the historically irrigated land For a conversion under (7), please provide information demonstrating that the initial regular permit originally issued by the Authority contains base irrigation groundwater at an amount in excess of one acre-foot per acre of historically irrigated land. PART III GENERAL INFORMATION With respect to the land identified as the place of use in the initial regular permit or application for an initial regular permit for which this Application to Convert Base Irrigation Groundwater is submitted: State the total acreage, to the third decimal point, upon which you assert a change in land use has occurred that meets the requirements under (6)(A) or (6)(B) (6)(C) or (6)(D) of the Edwards Aquifer Authority Rules (the Claimed Convertible Acreage ): Acres Provide a legal description, survey plat or map, drawn to a scale of not greater than 100 feet to an inch (1 = 100`), showing: (a) the location of the Claimed Convertible Acreage, and (b) the location of any Edwards Aquifer well(s) remaining upon or servicing the land that is the subject of this application.

5 PART IV APPLICANT S CERTIFICATION I hereby certify that the information provided herein is true and accurate. Printed Name of Applicant or Authorized Representative: Signature: Date: Co-Signature of Applicant, if Applicable: Date: State of Texas County of Before me, a notary public, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing document and, being by me first duly sworn declared that the statements herein contained are true and correct. Sworn and subscribed before me on this day of, 20. Notary Public s Signature