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Conflicts
[edit]In the past there was a conflict between the Sierra Club, and US Federal and State agencies, cities, and industrial water users [1] [2] [3]. The conflict is between groups that want to pump more water from the aquifer for human use and those that want to keep water in the aquifer, to feed springs which provide habitat from endangered species [1]. This conflict tends to emerge after periods of drought in 1988 [4] and in 1995-1996 [5]
In the initial lawsuit was Sierra Club v. Babbitt in 1991[1]. The plaintiffs included environmental groups (Sierra Club), water districts (Guadalupe-Blanco River Authority and Bexar Metropolitan Water District), municipalities (City of San Marcos and City of New Braunfels), and utilities (Green Valley and Atascosa Rural Water Supply corporations). The defendants included, government agencies (US Fish and Wildlife Service, State of Texas, Texas Parks and Wildlife Department), City of San Antonio, and multiple industrial water users.
In Sierra Club v. Babbitt the plaintiffs claimed that the defendants were not fulfilling their duties under the Endangered Species Act, to protect endangered species and their ecosystems. The endangered species included the Fountain Darter, San Marcos Salamander, San Marcos Gambusia, Texas Blind Salamander, and Texas Wild-rice. The ecosystems for these species depends on water from Comal Springs and San Marcos Springs which have the potential to run dry if too much water is withdrawn from Edwards Aquifer [1].
The final decision sided with the Sierra Club and other plaintiffs and in 1993 restrictions were placed on pumping from Edwards Aquifer [1][2]. As an outcome of Sierra Club v. Babbitt as a result of this lawsuit, legislation was passed which created the Edwards Aquifer Authority [6]. This was also not the end of litigation, there was an attempt to appeal the initial Sierra Club v. Babbitt in 1993 Sierra Club v. Babbitt the appeal was denied because the US Fish and Wildlife Service agreed with the original ruling, and the City of San Antonio and industrial water users were unable to prove that they were injured by the original Sierra Club v. Babbitt ruling.
Due to Sierra Club v. Babbitt the Edwards Aquifer Act 1993 was passed which created the Edwards Aquifer Authority to oversee pumping regulations[7] . In the case Barshop v. Medina Under. Wat. Cons. Dist. 1996, Medina County Under Water Conservation District challenged the Edwards Aquifer Authority over the constitutionality of the Edwards Aquifer Act [8]. The challenge was over whether property owners have the constitutional right to pump water from their land, or whether concerns for water conservation and endangered species take precedent. Barshop v. Medina Under. Wat. Cons. Dist. went to the Texas Supreme Court where the Edwards Aquifer Act was upheld [3][8].
- ^ a b c d e Sierra Club v. Babbitt, MO-91-CA-069 (W.D. Texas 1993).
- ^ a b Sierra Club v. Babbitt, 995 F.2d 571 (Court of Appeals, 5th Circuit 1993).
- ^ a b Sierra Club v. City of San Antonio, 112 F. 3d 789 (Court of Appeals, 5th Circuit 1997).
- ^ Changnon, Stanley A. (September 1989). "The 1988 Drought, Barges and Diversions". Bulletin American Meteorological Society. 70 (9). American Meteorological Society: 1092–1104.
- ^ Halpert, Michael S.; Bell, Gerald D. (1996). "Climate Assessment for 1996". NOAA.gov. Climate Prediction Center, NCEP/NWS/NOAA. Retrieved 16 October 2015.
- ^ ., National Research Council (2015). Review of the Edwards Aquifer Habitat Conservation Plan. Washington D.C.: National Academies Press. ISBN 978-0-309-36887-2.
{{cite book}}:|last=has numeric name (help) - ^ Tex. Gen. Laws § 2350, ch. 626, 73rd. Leg. (1993). http://www.edwardsaquifer.org/files/download/5a48e1d88ffe061
- ^ a b Barshop v. Medina Under. Wat. Cons. Dist., 925 S.W.2d 618 (Supreme Court of Texas 1996).