Hands across the Water: How the 57-Year Dispute over the Edwards Aquifer Began, Persisted, and Was Resolved

Abstract

The Edwards Aquifer is the primary source of water for a region in South-Central Texas that includes San Antonio and irrigated agriculture to the west. The aquifer also contributes to surface water flow in the Guadalupe River through Comal and San Marcos Springs, which are home to endangered aquatic species. In 1956, during the multiyear Texas drought of record, Comal Springs ceased to flow initiating a multi-decadal transboundary water dispute over the aquifer. This dispute pitted urban, agricultural, and environmental interests and surface water right holders against one another. In 1993, a federal district court ruled that the Endangered Species Act required that adequate flows from the springs be ensured for the endangered species. The Texas Legislature responded to the court by establishing the Edwards Aquifer Authority to regulate groundwater withdrawals. In 2007, with a key deadline looming to create a species protection plan, the Texas Legislature intervened again and mandated that the rival regional water interests engage in a stakeholder process to develop the plan. That process, which was called the Edwards Aquifer Recovery Implementation Program, resulted in a diverse group of parties with opposing interests collaborating to develop, approve, fund, and implement the landmark Edwards Aquifer Habitat Conservation Plan, which is in its 10th year of implementation.