Draft Environmental Impact Statement: Edwards Aquifer Recovery Implementation Program, Habitat Conservation Plan, Final Report, Volume 2 Page: 2
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WHEREAS, certain species listed as threatened or endangered under the Endangered Species Act (ESA)
have been identified to occupy, be associated with, or depend upon discharges from the Edwards Aquifer
at Comal Springs, as well as instream flows proximately downstream of the springs in Landa Lake and
the Comal River and associated riparian areas within New Braunfels. The listed Covered Species related
to Comal Springs are: (1) the fountain darter (Etheostomafonticola), (2) the Comal Springs riffle beetle
(Heterelmis comalensis), (3) the Comal Springs dryopid beetle (Stygoparnus comalensis), and (4) the
Peck's cave amphipod (Stygobromus pecki).
WHEREAS, certain species listed as threatened or endangered under the ESA have been identified to
occupy, be associated with, or depend upon discharges from the Edwards Aquifer at San Marcos Springs,
as well as instream flows proximately downstream of the springs in Spring Lake and the San Marcos
River and associated riparian areas within San Marcos. The listed Covered Species related to San Marcos
Springs are: (1) the fountain darter (Etheostomafonticola), (2) the Comal Springs riffle beetle (Heterelmis
comalensis), (3) Texas wild rice (Zizania texana), (4) the Texas blind salamander (Eurycea rathbuni), (5)
the San Marcos gambusia (Gambusia georgei), and (6) the San Marcos salamander (Eurycea nana).
WHEREAS, a certain species petitioned for listing as either threatened or endangered under the ESA has
been identified to occupy, be associated with, or depend upon discharges from the Edwards Aquifer at
Comal Springs, as well as instream flows proximately downstream of the springs in Landa Lake and the
Comal River and associated riparian areas within New Braunfels. The petitioned species related to Comal
Springs is the Comal Springs salamander (Eurycea sp.).
WHEREAS, certain speciespetitioned for listing as either threatened or endangered under the ESA have
been identified to occupy, be associated with, or depend upon discharges from the Edwards Aquifer at
San Marcos Springs, as well as instream flows proximately downstream of the springs in Spring Lake and
the San Marcos River and associated riparian areas within San Marcos. The petitioned species related to
San Marcos Springs are (1) the Edwards Aquifer diving beetle (Haideoporus texanus) and (2) the Texas
troglobitic water slater (Lirceolus smithii).
WHEREAS, to provide for the necessary and effective management of the Edwards Aquifer, to sustain
the diverse economic and social interests associated with the Edwards Aquifer, and to foster the interests
of the Covered Species, the EAA was created by the Texas Legislature in 1993. The EAA manages the
Edwards Aquifer pursuant to the EAA Act.
WHEREAS, Permittees have sought a Permit from the Service, as authorized by Section 10(a)(1)(B) of
the ESA, to allow the take of the Covered Species which is incidental to, and not for the purpose of, the
carrying out of the otherwise lawful Covered Activities.
WHEREAS, the Permittees, with technical assistance from the Service, and with guidance and approval
from the Edwards Aquifer Recovery Implementation Program through the consensus-based process under
Section 1.26A of the EAA Act, have developed a Habitat Conservation Plan (HCP).
THEREFORE, the Parties hereto do hereby understand and agree as follows:
2.0 DEFINITIONS
The following terms as used in this Agreement shall have the meanings set forth below:
2
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U.S. Fish and Wildlife Service. Draft Environmental Impact Statement: Edwards Aquifer Recovery Implementation Program, Habitat Conservation Plan, Final Report, Volume 2, report, June 2012; Washington D.C.. (https://texashistory.unt.edu/ark:/67531/metapth654018/m1/4/: accessed June 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.