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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 80(R)

Senate Bill 747

Senate Author:  Watson

Effective:  9-1-07

House Sponsor:  Bolton


            Senate Bill 747 amends the Water Code and the Special District Local Laws Code to increase the maximum production fees that the Barton Springs-Edwards Aquifer Conservation District may charge certain nonagricultural permit holders for groundwater withdrawals.  The new maximum applies generally to a permit that is issued or materially amended, or a conditional permit that is renewed, after September 1, 2007.  The bill defines a material amendment to a permit as one that increases the amount of permitted water by more than 10 percent in one year or more than 25 percent over three years, and district rules classify a permit issued after September 9, 2004, as conditional.  The maximum is raised from 17 cents per thousand gallons to the greater of 38 cents per thousand gallons or the raw surface water cost of other wholesale suppliers serving customers in the district and, in the case of a material amendment, applies only to the additional amount authorized by that amendment.  Other nonagricultural permit fees generally remain at a maximum 17 cents per thousand gallons.  Special provisions apply to the City of Austin, for which the bill sets an annual fee of not more than 60 percent of the district's expected total funding from water use fees for the next fiscal year, computed by applying the rate of 17 cents per thousand gallons to the total amount that all district permittees are permitted for nonagricultural purposes.

            The bill also authorizes restrictions on groundwater production during conditions of drought or extreme drought.  The extent of restriction depends on the characteristics of a specific permit, whether drought or extreme drought conditions exist, and certain other factors.