Part IV – Certification continuedTransferee’s Certification:I hereby certify that the information given herein this application is true and accurate to the best of my knowledge and belief.Printed Name of Transferee or AgentSignature of Transferee or AgentSTATE <strong>OF</strong> TEXASCOUNTY <strong>OF</strong>Subscribed and sworn before me this day of , 20 ._______________________________________________Notary Public’s SignatureDate Commission Expires:Part V – Groundwater Trust ContractThis contract only applies to an Application to Transfer—Cibolo Lease and is required in order to transfer theappropriate amount of leased groundwater withdrawal rights into the <strong>Authority</strong>’s Groundwater Trust, in accordancewith Section 711.329 of the <strong>Authority</strong>’s rules.
GROUNDWATER TRUST CONTRACT(CROSS CIBOLO LEASES)This Groundwater Trust Contract (the “Contract”) is made and entered into this __ day of_______, 20__, by and between the EDWARDS AQUIFER AUTHORITY (the “<strong>Authority</strong>”), apolitical subdivision of the State of Texas, with its principal place of business located at 1615 N.St. Mary’s, San Antonio, Texas 78215, and __________________, the lessee or sub-lessee of___ acre-feet of water from Initial Regular Permit No. _________(the “Lessee”) located at____________________,_________,______.RECITALSWHEREAS, the <strong>Edwards</strong> <strong>Aquifer</strong> <strong>Authority</strong> (the “<strong>Authority</strong>”) is a conservation andreclamation district created by virtue of Article XVI, Section 59 of the Texas Constitution;WHEREAS, § 1.08(a) of the <strong>Edwards</strong> <strong>Aquifer</strong> <strong>Authority</strong> Act 1 (the “Act”) grants the<strong>Authority</strong> “all of the powers, rights, and privileges necessary to manage, conserve, preserve, andprotect the aquifer . . .”;WHEREAS, the Act provides that authorizations to withdraw groundwater from theaquifer and all authorizations and rights to make a withdrawal under the Act shall be limited to“achieve water conservation”, “recognize the hydro-geologic connection and interaction betweensurface water and groundwater”, “protect aquatic life and habitat”, “protect species that aredesignated as threatened or endangered under applicable federal or state law”, and to “providefor instream uses, bays, and estuaries.” Act § 1.14(a)(3) and (5)-(8);WHEREAS, the Act provides that “the [A]uthority, through a program, shall implementand enforce water management practices, procedures, and methods to ensure that, not later thanDecember 12, 2012, the continuous minimum springflows of the Comal Springs and San MarcosSprings are maintained to protect endangered and threatened species to extent required by federallaw . . .” Act § 1.14(h);WHEREAS, the <strong>Authority</strong> is authorized by § 1.22 of the Act to administer a groundwatertrust for certain purposes;WHEREAS, § 1.22 of the Act is implemented through Chapter 711, Subchapter N of the<strong>Authority</strong>’s rules which establish the Groundwater Trust;1 Act of May 30, 1993, 73 rd Leg., R.S., ch. 626, 1993 Tex. Gen. Laws 2350; as amended by Act of May 16, 1995,74 th Leg., R.S., ch. 524, 1995 Tex. Gen. Laws 3280; Act of May 29, 1995, 74 th Leg., R.S., ch. 261, 1995 Tex. Gen.Laws 2505; Act of May 6, 1999, 76 th Leg., R.S., ch. 163, 1999 Tex. Gen. Laws 634; Act of May 25, 2001, 77 th Leg.,R.S., ch. 1192, 2001 Tex. Gen. Laws 2696; Act of May 28, 2001, 77 th Leg., R.S., ch. 966, §§ 2.60–2.62 and 6.01–6.05, 2001 Tex. Gen. Laws 1991, 2021–22 and 2075–76; Act of June 1, 2003, 78 th Leg., R.S., ch. 1112, § 6.01(4),2003 Tex. Gen. Laws 3188, 3193; Act of May 23, 2007, 80 th Leg., R.S., ch. 510, 2007 Tex. Gen. Laws 902; Act ofMay 28, 2007, 80 th Leg., R.S., ch. 1351, §§ 2.01–2.12, 2007 Tex. Gen. Laws 4612, 4677; and Act of May 28, 2007,80 th Leg., R.S., ch. 1430, §§ 12.01–12.12, 2007 Tex. Gen. Laws 5848, 5901; and Act of May 21, 2009, 81 st Leg., ch.1080, 2009 Tex. Gen. Laws 2818.MF_Trust_Transfer_Cibolo_Lease_Final page 1 of 5
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