Judge Signs Final Judgment Declaring LVGU Reduction Rules Void & Unenforceable

The District received notice today that Senior District Judge Lamar McCorkle has signed the Final Judgment declaring the below District rules “…void, and unenforceable”:

“1.    By 2016, each LVGU in the District must meet its Initial Conversion Obligation, which means each LVGU must reduce its annual groundwater production to the greater of either:

A.     no more than 70 percent of its Total Qualifying Demand, which is based upon the LVGU’S 2009 permitted authorization and actually met not less than 30 percent of its Total Qualifying Demand by implementing water conservation measures and/or using an Alternative Water Source; or

B.     10 million gallons.

2.     For any growth in water demand experienced by an LVGU after 2009 that cannot be met by the implementation of water conservation measures, such increased demand must be met using an Alternative Water Source beginning in 2016, unless:

A.    The LVGU does in fact timely meet or exceed its Initial Conversion Obligation; and

B.      The LVGU’S overall annual groundwater production, when averaged over the 2016-2045 planning period, does not exceed:

i.   70 percent of its Total Qualifying Demand, or

ii.   10 million gallons.

Thus, groundwater use by an LVGU after its successful 2016 groundwater reduction and conversion will not exceed either 70 percent of its Total Qualifying Demand or 10 million gallons per year, whichever amount is greater, except as specifically allowed under this averaging provision, regardless of what percentage such groundwater use is of an LVGU’S overall water use or demand. In addition, LVGU’S must also achieve any further groundwater reductions that may be adopted in the future by the District.”

To read the Final Judgment in its entirety, click here.

Additional information will be forthcoming.