By: Linebarger H.B. No. 1792
73R1126 E
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the Edwards Aquifer Water Resource
1-4 Management Authority and the management of the Edwards Aquifer;
1-5 granting the power of eminent domain; providing civil and criminal
1-6 penalties.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. FINDINGS AND DECLARATION OF POLICY. It is hereby
1-9 found that the Edwards Aquifer is a unique and complex hydrological
1-10 system, with diverse economic and social interests dependent upon
1-11 the aquifer for water supply. In order to sustain these diverse
1-12 interests, a special regional management district is required for
1-13 the effective control of the resource to protect terrestrial and
1-14 aquatic life, the operation of existing industries, and the
1-15 economic development of the state; and that use of water in the
1-16 district for beneficial purposes requires that all reasonable
1-17 measures be taken to be conservative in our water use.
1-18 SECTION 2. Creation. (a) A conservation and reclamation
1-19 district, to be known as the Edwards Aquifer Water Resource
1-20 Management Authority, is created in Atascosa, Bexar, Comal,
1-21 Guadalupe, Hays, Kinney, Medina, and Uvalde counties. A
1-22 confirmation election is not necessary. The authority is a
1-23 governmental agency and a body politic and corporate.
1-24 (b) The authority is created under and is essential to
2-1 accomplish the purposes of Article XVI, Section 59, of the Texas
2-2 Constitution.
2-3 SECTION 3. DEFINITIONS. In this Act:
2-4 (1) "Aquifer" means the Edwards Aquifer, which is that
2-5 portion of an arcuate belt of porous, water-bearing, predominately
2-6 carbonate rocks known as the Edwards and Associated Limestones in
2-7 the Balcones Fault Zone extending from west to east to northeast
2-8 from the hydrologic division near Brackettville in Kinney County
2-9 that separates underground flow toward the Comal Springs and San
2-10 Marcos Springs from underground flow to the Rio Grande Basin,
2-11 through Uvalde, Medina, Atascosa, Bexar, Guadalupe, and Comal
2-12 counties, and in Hays County south of the hydrologic division near
2-13 Kyle that separates flow toward the San Marcos River from flow to
2-14 the Colorado River Basin.
2-15 (2) "Authority" means the Edwards Aquifer Water
2-16 Resource Management Authority.
2-17 (3) "Beneficial use" means the use of only that amount
2-18 of water that is reasonable and necessary for a purpose authorized
2-19 by law, when reasonable intelligence and reasonable diligence are
2-20 used in applying the water to that purpose. Water that is wasted
2-21 or inefficiently used because of, but not limited to, inefficient
2-22 withdrawal works or distribution systems, excessive applications,
2-23 excessive or unnecessary evaporation, transpiration, or seepage,
2-24 the discharge or escape of water from a well into a surface stream
2-25 or reservoir for no authorized beneficial purpose, or by pollution
2-26 is not beneficially used.
2-27 (4) "Board" means the board of directors of the
3-1 authority.
3-2 (5) "Commission" means the Texas Water Commission and
3-3 any successor agency.
3-4 (6) "Conservation" means any measure that would
3-5 sustain or enhance water supply.
3-6 (7) "Domestic use" means use of water by a person
3-7 owning the well from which the water is withdrawn and that person's
3-8 household for drinking, washing, or culinary purposes; for
3-9 irrigation of lawns; for irrigation of a family garden or orchard
3-10 the produce of which is for household consumption only; and for
3-11 watering of domestic animals not raised, maintained, or sold for
3-12 commercial purposes.
3-13 (8) "Existing user" or "existing withdrawer" means a
3-14 person that has withdrawn and beneficially used water from the
3-15 Edwards Aquifer on or before September 1, 1993.
3-16 (9) "Industrial use" means the use of water for or in
3-17 connection with commercial or industrial activities, including but
3-18 not limited to, manufacturing, commercial feedlot operations,
3-19 commercial fish production, bottling, brewing, food processing,
3-20 scientific research and technology, recycling, production of
3-21 concrete, asphalt, and cement, cooling-tower heat exchange,
3-22 commercial uses of water for tourism, entertainment, and
3-23 hotel/motel lodging, generation of power other than hydroelectric,
3-24 and other business activities.
3-25 (10) "Irrigation use" means the use of water for the
3-26 irrigation of commercial crops, including orchards, and for
3-27 pastureland.
4-1 (11) "Municipal use" means the use of potable water
4-2 within or without a municipality and its environs whether supplied
4-3 by a person, privately owned utility, political subdivision, or
4-4 other entity, as well as the use of municipal sewage effluent for
4-5 certain purposes specified as follows. It includes the use of
4-6 potable water for domestic purposes, fighting fires, sprinkling
4-7 streets, flushing sewers and drains, water parks and parkways, and
4-8 recreational purposes including public and private swimming pools,
4-9 the use of water in industrial and commercial enterprises supplied
4-10 by a municipal distribution system without special construction to
4-11 meet its demands, and for the watering of lawns and family gardens.
4-12 Municipal use also includes the application of municipal sewage
4-13 effluent upon land sites, pursuant to a permit issued under Article
4-14 26, Water Code, where:
4-15 (A) the primary purpose of the application is
4-16 the treatment or necessary disposal of such effluent; or
4-17 (B) the application site is a park, parkway,
4-18 golf course, or other landscaped area owned by the owner of the
4-19 permitted sewerage system; or
4-20 (C) the effluent applied to such site is
4-21 generated within an area for which the authority has adopted a
4-22 nondischarge rule.
4-23 (12) "Person" means an individual, corporation,
4-24 organization, government or governmental subdivision or agency,
4-25 business trust, estate, trust, partnership, association, and any
4-26 other legal entity.
4-27 (13) "Pollution" means the alteration of the physical,
5-1 thermal, chemical, or biological quality of any water in the state,
5-2 or the contamination of any water in the state, that renders the
5-3 water harmful, detrimental, or injurious to humans, animal life,
5-4 vegetation, property, or public health, safety, or welfare or that
5-5 impairs the usefulness of the public enjoyment of the waters for
5-6 any lawful or reasonable purpose.
5-7 (14) "Reuse" means authorized use for one or more
5-8 beneficial purposes of use of water that remains unconsumed after
5-9 the water is used for the original purpose of use and before the
5-10 water is discharged or otherwise allowed to flow into a
5-11 watercourse, lake, or other body of state-owned water.
5-12 (15) "Waste" means:
5-13 (A) water that is withdrawn from the aquifer and
5-14 not used for a beneficial purpose;
5-15 (B) unreasonable loss of water through faulty
5-16 design or negligent operation of a well or application system;
5-17 (C) use of quantities of water in an amount in
5-18 excess of the amount reasonably necessary to beneficially use the
5-19 water for an authorized purpose; or
5-20 (D) withdrawal of water from the aquifer at a
5-21 rate, in an amount, or in a manner that:
5-22 (i) threatens to cause pollution of the
5-23 aquifer by the intrusion of water or contaminants detrimental to
5-24 any beneficial purpose; or
5-25 (ii) adversely affects surface water
5-26 quality.
5-27 (16) "Well" means a bored, drilled, or driven shaft or
6-1 an artificial opening in the ground made by digging, jetting, or
6-2 some other method where the depth of the shaft or opening is
6-3 greater than its largest surface dimension but does not include a
6-4 surface pit, surface excavation, or natural depression.
6-5 (17) "Withdrawal" means an act or a failure to act
6-6 that results in taking water from the aquifer by or through
6-7 man-made facilities, including pumping, withdrawing, or diverting
6-8 aquifer water.
6-9 (18) "Well J-17" means state well number AY-68-37-203
6-10 located in Bexar County.
6-11 SECTION 4. BOUNDARIES. The authority includes the territory
6-12 contained within the following area:
6-13 (1) all of the areas of Bexar, Comal, Medina, and
6-14 Uvalde counties;
6-15 (2) the part of Kinney County beginning with the west
6-16 corner of the Wm. B. Scates Survey 236, Kinney County, Texas,
6-17 which is also the south corner of the Sam'l. D. Maverick Survey;
6-18 THENCE northeast along the northwest line of said Wm. B.
6-19 Scates Survey to the west corner of the George Weeks Survey 237;
6-20 THENCE northeast along the northwest line of said Survey to
6-21 the north corner of said Survey;
6-22 THENCE continuing in the same line to the north line of
6-23 Survey 936 1/2, which is in the south line of fractional Section
6-24 90, Block 6, I.& G. N. RR. Co. Survey;
6-25 THENCE northwest to the west corner of said fractional
6-26 Section which is in southwest corner of Section 89 of said Block of
6-27 said Survey;
7-1 THENCE north along the west lines of Sections 89, 88, and 87
7-2 of said Block of said Survey to the northwest corner of Section 87;
7-3 THENCE east along the north line of said Section to the
7-4 northeast corner of said Section, which is the southwest corner of
7-5 Section 3 of said Block of said Survey;
7-6 THENCE north along the west line of said Survey to its
7-7 northwest corner;
7-8 THENCE east along the north line of said Survey to its
7-9 northeast corner, which is the southwest corner of Survey 29 of
7-10 Block 6, I. & G. N. RR. Co. Survey;
7-11 THENCE north along the west line of Survey 29 to its
7-12 northwest corner;
7-13 THENCE along the north line of said Survey 29 to its
7-14 northeast corner, which is southwest corner of Survey 31, Block 6,
7-15 I. & G. N. RR. Co. Survey;
7-16 THENCE north along the west line of Survey 31 to its
7-17 northwest corner;
7-18 THENCE east along the north line of said Survey to its
7-19 northeast corner, which is the southwest corner of the Section 34,
7-20 Block 6, I. & G. N. RR. Co. Survey;
7-21 THENCE north along the west line of Section 34 to its
7-22 northwest corner, which is the southwest corner of the David C.
7-23 Lucas Survey 601;
7-24 THENCE north along the west line of said David C. Lucas
7-25 Survey 601, passing the northwest corner of said Survey and
7-26 continuing north along the west line of the Salitha Banks Survey
7-27 602 to its northwest corner;
8-1 THENCE east along its north line to the northeast corner of
8-2 said Survey, which is the southeast corner of the Alexander
8-3 McDonald Survey 606;
8-4 THENCE north along the east line of said Survey to the
8-5 northeast corner which is in the south line of Section 5, Block 1,
8-6 T. C. Ry. Co. Survey;
8-7 THENCE east along the south line of said Section 5 to its
8-8 southeast corner;
8-9 THENCE north along the east line of said Section 5 to the
8-10 northeast corner of said Section, which is the northwest corner of
8-11 Section 6, Block 1, T. C. Ry. Co. Survey;
8-12 THENCE east along the north line of said Section 6 to the
8-13 northeast corner of said Section;
8-14 THENCE continuing in this line through the G. C. & S. F. Ry.
8-15 Co. Survey 813 and the Mrs. F. V. deRubic Survey 987 to the west
8-16 line of the Z. C. Collier Survey 998;
8-17 THENCE north along the west line of said Survey to its
8-18 northwest corner;
8-19 THENCE east along the north line of said Survey to its
8-20 northeast corner and continuing east along a north line of Survey
8-21 550 to an interior corner of said Survey;
8-22 THENCE north along a west line of said Survey to a northwest
8-23 corner of said Survey;
8-24 THENCE east along the north line of said Survey to its
8-25 northeast corner, which is a southeast corner of the G. RR. Co.
8-26 Survey 549;
8-27 THENCE north along an east line of said Survey to an interior
9-1 corner;
9-2 THENCE northeast along an east line of said Survey to a
9-3 northeast corner of said Survey;
9-4 THENCE continuing northeast on the same line to the north
9-5 line of G. C. & S. F. Ry Co. Survey 567;
9-6 THENCE northeast along the north line of the G. C. & S. F. Ry
9-7 Co. Survey 567 to the northeast corner of said Survey, which is in
9-8 the west line of Survey 568;
9-9 THENCE along the west line of said Survey to its northwest
9-10 corner, which is in the south line of the A. & B. Survey 31;
9-11 THENCE northeast along the south line of said Survey to its
9-12 southeast corner;
9-13 THENCE northwest along the east line of said Survey to its
9-14 northeast corner, which is a northwest corner of the G. A. Andrews
9-15 Survey 858;
9-16 THENCE northeast along a north line of said Survey to an
9-17 interior northwest corner of said Survey;
9-18 THENCE northwest along a west line of said Survey to a
9-19 northwest corner of said Survey;
9-20 THENCE northeast along a north line of said Survey to a
9-21 northeast corner of said Survey, which is in the west line of
9-22 Survey 790;
9-23 THENCE northwest along the west line of said Survey to a
9-24 northwest corner of said Survey;
9-25 THENCE northeast along a north line of said Survey to an
9-26 interior corner of said Survey;
9-27 THENCE continuing northeast in the same line to the west line
10-1 of the G. C. & S. F. Ry. Co. Survey 789;
10-2 THENCE northwest along the west line of said Survey to its
10-3 northwest corner;
10-4 THENCE northeast along the north line of said Survey to its
10-5 northeast corner, which is an interior corner of the W. W. Blanton
10-6 Survey 803;
10-7 THENCE southeast along a south line of said Survey to a
10-8 southeast corner of said Survey;
10-9 THENCE northeast along an east line of said Survey to an
10-10 interior corner of said W. W. Blanton Survey 803;
10-11 THENCE east along a south line of said Survey to a southeast
10-12 corner of said Survey;
10-13 THENCE northwest along an east line of said Survey to a
10-14 northeast corner of said Survey, which is in the south line of the
10-15 T. C. Ry. Co. Survey 795;
10-16 THENCE northeast along the south line of said Survey to its
10-17 east corner, which is an interior corner of the T. A. J. Childress
10-18 Survey 857;
10-19 THENCE northwest along a west line of said T. A. J. Childress
10-20 Survey 857 to a northwest corner of said Survey;
10-21 THENCE northeast along a north line of said Survey to an
10-22 interior corner of said Survey;
10-23 THENCE north along a west line of said Survey to a northwest
10-24 corner of said Survey;
10-25 THENCE east along a north line of said Survey to its
10-26 northeast corner, which is in the west line of the Solomon Rugle
10-27 Survey 977;
11-1 THENCE continuing in the same line to the east line of said
11-2 Solomon Rugle Survey 977, which is in the west line of Survey 800;
11-3 THENCE north along the west line of said Survey to its
11-4 northwest corner;
11-5 THENCE east along the north line of said Survey to its
11-6 northeast corner, which is the northwest corner of Survey 799;
11-7 THENCE east along the north line of said Survey to the
11-8 Kinney-Uvalde County line;
11-9 THENCE south along said county line to the south line of
11-10 Survey 799, which is in the north line of Survey 442;
11-11 (3) the part of Hays County beginning on the northwest
11-12 line of the R. B. Moore Survey, Abstract 412, in Comal County
11-13 where it crosses the Comal County-Hays County line northeast along
11-14 the northwest line of said Survey to the northeast corner of said
11-15 Survey in Hays County, Texas;
11-16 THENCE southeast in Hays County, Texas across the Jas.
11-17 Deloach Survey, Abstract 878, to the most westerly northwest corner
11-18 of the Presidio Irrigation Co. Survey, Abstract 583;
11-19 THENCE northeast along the northwest line of said Survey to
11-20 its most northerly northwest corner;
11-21 THENCE continuing in the same line across the R.S. Clayton
11-22 Survey 2, Block 742, to the west line of the H. & G. N. RR. Co.
11-23 Survey 1, Abstract 668;
11-24 THENCE north along the west line of said Survey to its
11-25 northwest corner;
11-26 THENCE east along the north line of said Survey to its
11-27 northeast corner;
12-1 THENCE northeast across the David Wilson Survey 83, Abstract
12-2 476, to the southeast corner of the F. W. Robertson Survey 71,
12-3 Abstract 385;
12-4 THENCE north along the east line of said Survey to the
12-5 southwest corner of the Benjamin Weed Survey 72, Abstract 483;
12-6 THENCE east along the south line of said Survey to its
12-7 southeast corner;
12-8 THENCE northeast across the William Gray Survey 73, Abstract
12-9 92, and the Murray Bailey Survey 75, Abstract 42, to the southwest
12-10 corner of the D.Holderman Survey 33, Abstract 225;
12-11 THENCE north along the west line of said Survey to its
12-12 northwest corner;
12-13 THENCE continuing in the same line to the north line of the
12-14 Day Land & Cattle Co. Survey 672;
12-15 THENCE west along said north line of said Survey to its
12-16 northwest corner, which is in the east line of the Jesse Williams
12-17 Survey 4 to the northeast corner of said Survey;
12-18 THENCE west along the north line of said Survey to the
12-19 Southwest corner of the Amos Singleton Survey 106, Abstract 410;
12-20 THENCE north along the west lines of said Amos Singleton
12-21 Survey 106 and the Watkins Nobles Survey 107, Abstract 346, to the
12-22 northwest corner of said Watkins Nobles Survey 107;
12-23 THENCE east along the north line of said Survey to the
12-24 southwest corner of the Jesusa Perez Survey 14, Abstract 363;
12-25 THENCE north along the west line of said Jesusa Perez Survey
12-26 14 to its northwest corner;
12-27 THENCE east along the north line of said Survey to its
13-1 northeast corner;
13-2 THENCE, south along the east line of said Survey for a
13-3 distance of approximately 10,000 feet to its intersection with
13-4 Ranch Road 150;
13-5 THENCE, east by southeast along Ranch Road 150 approximately
13-6 24,500 feet to its intersection with the southern boundary line of
13-7 the Andrew Dunn Survey 9, Abstract 4;
13-8 THENCE, east along the south line of said survey as it
13-9 extends and becomes the southern boundary line of the Morton M.
13-10 McCarver Survey 4, Abstract 10, for a distance of approximately
13-11 7,000 feet to its intersection with Ranch Road 2770;
13-12 THENCE, south on Ranch Road 2770 for a distance of
13-13 approximately 400 feet to its intersection with FM 171;
13-14 THENCE, east along FM 171 for a distance of approximately
13-15 10,500 feet to its intersection with FM 25;
13-16 THENCE, north by northeast along FM 25 for a distance of
13-17 approximately 3,100 feet to its intersection with FM 131;
13-18 THENCE, east by southeast along FM 131 for a distance of
13-19 approximately 3,000 feet to its intersection with the east line of
13-20 the Thomas G. Allen Survey, Abstract 26;
13-21 THENCE south along the east line of said Thomas G. Allen
13-22 Survey to the most northerly northwest corner of the Elisha Pruett
13-23 Survey 23, Abstract 376;
13-24 THENCE southwest along a west line of said Elisha Pruett
13-25 Survey 23 to the west corner of said Survey;
13-26 THENCE southeast along the southwest line of said Survey to
13-27 the north corner of the John Stewart Survey; Abstract 14;
14-1 THENCE southwest along the northwest line of said John
14-2 Stewart Survey to its west corner;
14-3 THENCE continuing in the same line to the most northerly
14-4 southwest line of the John Jones Survey, Abstract 263;
14-5 THENCE southeast along said southwest line to an interior
14-6 corner of said John Jones Survey;
14-7 THENCE southwest along the most southerly northwest line of
14-8 said Survey to the southwest corner of said Survey;
14-9 THENCE southeast along the south line of said Survey to the
14-10 north corner of the James W. Williams Survey 11, Abstract 473;
14-11 THENCE southwest along the northwest line of said James W.
14-12 Williams Survey 11 to its west corner;
14-13 THENCE southeast along the southwest line of said Survey to
14-14 the north right-of-way line of the I. & G. N. RR;
14-15 THENCE southwest along said right-of-way of said I. & G. N.
14-16 RR. to the Hays County-Comal County line;
14-17 THENCE south along said county line to the center line of the
14-18 San Antonio and Nacogdoches Road;
14-19 (4) the part of Guadalupe County beginning at the
14-20 Guadalupe County-Caldwell County-Hays County-Comal County line at
14-21 the San Marcos River in the northwest corner of Guadalupe County,
14-22 Texas;
14-23 THENCE southeast along the Guadalupe County-Hays County line
14-24 to the intersect of the Guadalupe County-Hays County-Comal County
14-25 line;
14-26 THENCE southeast along the Guadalupe County-Comal County line
14-27 to the intersect of the Guadalupe County-Comal County-Bexar County
15-1 intersect at the Cibolo Creek;
15-2 THENCE south along the Guadalupe County-Bexar County line
15-3 along the Cibolo Creek to the intersect of the Guadalupe
15-4 County-Bexar County-Wilson County line;
15-5 THENCE south along the Guadalupe County-Wilson County line
15-6 along the Cibolo Creek to the intersect and crossing of Guadalupe
15-7 County road number 417;
15-8 THENCE east along Guadalupe County road number 417 to the
15-9 intersect of Guadalupe County road number 417 and Guadalupe County
15-10 road number 412;
15-11 THENCE northeast along Guadalupe County Road number 412 to
15-12 the intersect of Guadalupe County road number 42 and Guadalupe
15-13 County road number 411 A;
15-14 THENCE east along Guadalupe County road number 411 A to the
15-15 intersect of Guadalupe County road number 411 A and Farm to Market
15-16 road number 725;
15-17 THENCE north along Farm to Market road number 725 to the
15-18 intersect of Farm to Market road number 725 and Interstate Highway
15-19 number 10;
15-20 THENCE east along Interstate Highway number 10 to the
15-21 intersect of Interstate Highway number 10 and State Highway number
15-22 90;
15-23 THENCE east along Sate Highway number 90 to the Guadalupe
15-24 County-Caldwell County line at the San Marcos river;
15-25 THENCE northwest along the Guadalupe County-Caldwell County
15-26 line along the San Marcos river to the place of beginning; and
15-27 (5) the part of Atascosa County beginning on the north
16-1 line of the Robt. C. Rogers Survey, at the Bexar County-Atascosa
16-2 County line, to its northwest corner, which is the northeast corner
16-3 of the F. Brockinzen Survey, Abstract 86;
16-4 THENCE south along the east line of said Survey passing
16-5 through its southeast corner and continuing south along the east
16-6 line of the F. Brockinzen Survey, Abstract 90, to its southeast
16-7 corner;
16-8 THENCE west along the south line of said survey to its
16-9 southwest corner;
16-10 THENCE north along the west line of said F. Brockinzen Survey
16-11 to the southeast corner of the B. Bonngartner Survey, Abstract 87;
16-12 THENCE west along the south line of said B. Bonngartner
16-13 Survey passing through its southwest corner and continuing along
16-14 the south line of the J. B. Goettlemann Survey, Abstract 309, to
16-15 the Atascosa County-Medina County line.
16-16 SECTION 5. FINDINGS RELATING TO BOUNDARIES. The legislature
16-17 finds that the boundaries and field notes of the authority form a
16-18 closure. A mistake in the field notes or in copying the field
16-19 notes in the legislative process does not affect the organization,
16-20 existence, or validity of the district or the legality or operation
16-21 of the district or its governing body.
16-22 SECTION 6. FINDING OF BENEFIT. (a) The legislature finds
16-23 that the water in the unique underground system of water-bearing
16-24 formations known as the Edwards-Balcones Fault Zone Aquifer has a
16-25 hydrologic interrelationship to the Guadalupe, San Antonio, and
16-26 Nueces River Basins, is the primary source of water for the people
16-27 who reside within the region, and is vital to the general economy
17-1 and welfare of this state. The continuous and sustained withdrawal
17-2 of groundwater from the Edwards Aquifer at current or greater
17-3 levels may result in damage to the Edwards Aquifer, the Comal and
17-4 San Marcos Springs, and the general economy and welfare of this
17-5 state. There is currently no effective, consistent, or
17-6 comprehensive regulation of the withdrawal and use of groundwater
17-7 from the Edwards Aquifer and the withdrawal and use of that
17-8 groundwater will continue to increase unless and until effective
17-9 regulation is implemented. Thus, the legislature finds that it is
17-10 necessary and appropriate and a benefit to the welfare of this
17-11 state to provide for the recognition and limitation of rights to
17-12 withdraw groundwater from the Edwards Aquifer, through the
17-13 application of management mechanisms appropriate to that unique
17-14 system.
17-15 (b) The legislature further finds that all of the land and
17-16 other property included within the boundaries of the authority will
17-17 be benefitted by exercise of the powers of the authority and by the
17-18 works and projects that are to be accomplished by the authority
17-19 under powers conferred by Article XVI, Section 59, of the Texas
17-20 Constitution. The authority is created to serve a public use and
17-21 benefit.
17-22 SECTION 7. GENERAL POWERS. (a) The authority has all of
17-23 the rights, powers, privileges, authority, functions, and duties
17-24 provided by the general law of this state, including Chapters 50
17-25 and 52, Water Code, applicable to an authority created under
17-26 Article XVI, Section 59, of the Texas Constitution. This Act
17-27 prevails over any provision of general law that is in conflict or
18-1 inconsistent with this Act with regards to the territory.
18-2 (b) The rights, powers, privileges, authority, functions,
18-3 and duties of the authority are subject to the continuing right of
18-4 supervision of the state to be exercised by and through the Texas
18-5 Water Commission.
18-6 SECTION 8. BOARD OF DIRECTORS AND ADVISORY
18-7 COMMITTEE: COMPOSITION. (a) The authority is governed by a board
18-8 of nine directors appointed by the governor with the advice and
18-9 consent of the senate.
18-10 (b) Board members shall be residents of or qualified voters
18-11 in a county all or part of which is included within the boundaries
18-12 of the authority.
18-13 (c) The board consists of:
18-14 (1) two persons appointed by the city of San Antonio;
18-15 (2) one person appointed by the Commissioners Court of
18-16 Bexar County to represent cities other than San Antonio and
18-17 agricultural interests;
18-18 (3) one person appointed by the city of New Braunfels;
18-19 (4) one person appointed by the city of San Marcos;
18-20 (5) one person appointed by the Commissioners Court of
18-21 Uvalde County;
18-22 (6) one person appointed by the Commissioners Court of
18-23 Medina County;
18-24 (7) one person appointed alternatively by the
18-25 Commissioners Courts of Kinney and Atascosa counties; and
18-26 (8) one person appointed jointly by the Commissioners
18-27 Courts of Comal, Guadalupe, and Hays counties.
19-1 (d) At the initial meeting of the board and at the first
19-2 meeting after new board members take office, the members shall
19-3 select one member to serve as presiding officer.
19-4 (e) An official act of the board is not valid without the
19-5 affirmative vote of a majority of the members of the board.
19-6 (f) Board members receive no compensation for service on the
19-7 board but are entitled to reimbursement for actual and necessary
19-8 expenses incurred in the performance of their duties.
19-9 (g) Board members shall hold office until a successor has
19-10 been selected and approved and has qualified by taking the oath of
19-11 office.
19-12 (h) A person appointed to fill a vacancy on the board shall
19-13 represent the same county or interest that the person who vacates
19-14 the position represents and shall serve for the unexpired term of
19-15 the member in whose place the person is appointed.
19-16 (i) The board shall appoint an advisory committee to advise
19-17 the board on downstream water rights and issues. That advisory
19-18 committee shall consist of one person from each of the following
19-19 counties:
19-20 (1) Caldwell;
19-21 (2) Calhoun;
19-22 (3) Comal;
19-23 (4) DeWitt;
19-24 (5) Goliad;
19-25 (6) Gonzales;
19-26 (7) Guadalupe;
19-27 (8) Hays;
20-1 (9) Karnes;
20-2 (10) Refugio;
20-3 (11) Victoria; and
20-4 (12) Wilson.
20-5 SECTION 9. GENERAL POWERS AND DUTIES OF AUTHORITY. (a) The
20-6 authority shall adopt rules necessary to carry out its powers and
20-7 duties under this Act, including rules governing its procedures.
20-8 (b) The authority may issue orders to enforce this Act or
20-9 its rules.
20-10 (c) The authority may:
20-11 (1) issue or administer grants, loans, or other
20-12 financial assistance to water users for water conservation and
20-13 water reuse;
20-14 (2) enter into contracts;
20-15 (3) sue and be sued in its own name;
20-16 (4) receive gifts, grants, awards, and loans for use
20-17 in carrying out its powers and duties;
20-18 (5) hire an executive director who will be the chief
20-19 administrator of the authority and other employees as necessary to
20-20 carry out its powers and duties;
20-21 (6) delegate the power to hire employees to the
20-22 executive director of the authority;
20-23 (7) own real and personal property;
20-24 (8) close abandoned, wasteful, or dangerous wells; and
20-25 (9) hold permits under federal law pertaining to the
20-26 Endangered Species Act.
20-27 (d) The authority shall continue existing research on the
21-1 technological feasibility of springflow enhancement, yield
21-2 enhancement, and other authorized purposes.
21-3 (e) The authority may contract with users to construct,
21-4 operate, own, and maintain water supply facilities. Management or
21-5 special fees may not be used for purchasing or operating these
21-6 facilities.
21-7 (f) The authority shall ensure compliance with permit,
21-8 metering, and reporting requirements and shall regulate permits.
21-9 (g) The authority has the power of eminent domain.
21-10 (h) The authority is subject to the open meetings law,
21-11 Chapter 271, Acts of the 60th Legislature, Regular Session, 1967
21-12 (Article 6252-17, Vernon's Texas Civil Statutes), the open records
21-13 law, Chapter 424, Acts of the 63rd Legislature, Regular Session,
21-14 1973 (Article 6252-17a, Vernon's Texas Civil Statutes), and the
21-15 Administrative Procedure and Texas Register Act (Article 6252-13a,
21-16 Vernon's Texas Civil Statutes), and their subsequent amendments.
21-17 (i) The authority is subject to review under the Texas
21-18 Sunset Act (Chapter 325, Government Code) and its subsequent
21-19 amendments but may be abolished only by a direct action of the
21-20 legislature.
21-21 SECTION 10. WATER QUALITY. With the approval of the
21-22 commission, the authority may enforce rules adopted by the
21-23 commission to protect and enhance the quality of water in the
21-24 aquifer.
21-25 SECTION 11. WITHDRAWALS. (a) Total permitted
21-26 authorizations to withdraw water from the aquifer, and all
21-27 authorizations and rights to make such withdrawals pursuant to this
22-1 Act, shall be limited in accordance with this section in order to
22-2 protect the water quality of the aquifer, protect the water quality
22-3 of the surface streams to which the aquifer provides significant
22-4 springflow, achieve water conservation, maximize the beneficial use
22-5 of water available for withdrawal from the aquifer, protect aquatic
22-6 and wildlife habitat, and provide for instream uses and bays and
22-7 estuaries.
22-8 (b) Except as provided by Subsections (d) and (e) of this
22-9 section and Section 22 of this Act, for the period ending December
22-10 31, 2007, the total permitted amount of withdrawals from the
22-11 aquifer shall not exceed 450,000 acre-feet of water per calendar
22-12 year.
22-13 (c) Except as provided by Subsections (d) and (e) of this
22-14 section and Section 22 of this Act, for the period beginning
22-15 January 1, 2008, the total permitted amount of withdrawals from the
22-16 aquifer shall not exceed 400,000 acre-feet of water per calendar
22-17 year.
22-18 (d) If, through studies of such water management strategies
22-19 as springflow augmentation, downstream diversions of the springs,
22-20 supplemental recharge, conjunctive management of surface and
22-21 subsurface water, and other strategies to optimize the yield of the
22-22 aquifer, it is determined that additional supplies are available
22-23 from the aquifer, the authority, with approval of the commission
22-24 and in consultation with appropriate federal agencies, may review
22-25 and increase the limitations established by these rules and allow
22-26 an additional amount of permitted withdrawals.
22-27 (e) When the level of the aquifer is equal to or greater
23-1 than 665 feet above mean sea level as measured at the J-17 index
23-2 well, the authority may authorize the withdrawal, on an
23-3 interruptible basis, of additional amounts above the limitations
23-4 contained in Subsections (b), (c), and (d) of this section. Such
23-5 additional withdrawals shall be limited to ensure that springflows
23-6 are not affected during critical drought conditions.
23-7 SECTION 12. PERMIT REQUIRED. (a) The authority shall
23-8 manage withdrawals from the aquifer and shall manage all withdrawal
23-9 points from the aquifer.
23-10 (b) Except as provided by Sections 14 and 29 of this Act, no
23-11 person may withdraw any water from the Edwards Aquifer or begin
23-12 construction of any well or other works designed for the withdrawal
23-13 of water from the aquifer without obtaining a permit from the
23-14 authority.
23-15 (c) The authority may issue regular permits, term permits,
23-16 and emergency permits.
23-17 (d) Each permit shall specify the maximum rate and total
23-18 volume of water that the water user may withdraw in a calendar
23-19 year.
23-20 SECTION 13. INITIAL REGULAR PERMITS. (a) The authority
23-21 shall, by rule, establish a program for issuing regular permits to
23-22 all nonexempt existing users of the aquifer.
23-23 (b) The authority shall require all existing users, other
23-24 than owners of domestic and livestock wells in accordance with
23-25 Section 29 of this Act, to submit declarations of historical use
23-26 documenting actual historical use by March 1, 1994, during the
23-27 period beginning January 1, 1982, and ending December 31, 1993. A
24-1 declaration of historical use shall constitute an application for a
24-2 permit if all necessary application fees are subsequently and
24-3 timely submitted. Failure to file on a timely basis a declaration
24-4 of historical use shall result in termination of the interim
24-5 authorization granted in Section 14 of this Act.
24-6 (c) For existing users who timely file declarations of
24-7 historical use as required by the authority and who establish, by
24-8 convincing evidence, beneficial use of waters of the aquifer
24-9 without waste, the authority shall grant a regular permit, to the
24-10 extent water is available for permitting, for an annual amount of
24-11 water equivalent to the maximum beneficial use of water without
24-12 waste during any one calendar year of the historical period. If
24-13 the total amount of water determined to have been beneficially used
24-14 without waste under this subsection exceeds the amount of water
24-15 available for permitting, the authority shall adjust claims to meet
24-16 the amount available for permitting, provided that no existing user
24-17 who has operated a well for three or more years during the
24-18 historical period shall receive a regular permit for less than the
24-19 average amount of water withdrawn during the historical period.
24-20 (d) Regular permits shall be issued without a term and shall
24-21 remain in effect until the permit is abandoned, cancelled, or
24-22 retired.
24-23 SECTION 14. INTERIM AUTHORIZATION. (a) A person owning a
24-24 producing well that withdraws water from the aquifer on the
24-25 effective date of this Act may continue to withdraw and
24-26 beneficially use water without waste pending final action on
24-27 permits by the authority, if:
25-1 (1) the well is in compliance with all statutes and
25-2 rules relating to well construction, approval, location, spacing,
25-3 and operation; and
25-4 (2) the person files a declaration of historical use
25-5 as required by the authority.
25-6 (b) Use under interim authorization may not exceed on an
25-7 annual basis the historical, maximum, beneficial use of water
25-8 without waste during any one calendar year as evidenced by the
25-9 person's declaration of historical use, unless such amount is
25-10 otherwise determined by the authority.
25-11 (c) Use under this section is subject to a demand management
25-12 plan and other rules promulgated by the authority.
25-13 (d) Interim authorization under this section terminates upon
25-14 entry of a final and appealable order by the authority acting upon
25-15 the application for permit for a well.
25-16 SECTION 15. ADDITIONAL REGULAR PERMITS. (a) To the extent
25-17 water is available for permitting after the issuance of permits to
25-18 existing users, the authority may issue additional regular permits,
25-19 subject to limits established in Section 10 of this Act on the
25-20 total amount of permitted withdrawals.
25-21 (b) The authority shall not consider or take action on any
25-22 application relating to any proposed or existing well of which
25-23 there is no evidence of actual beneficial use prior to December 31,
25-24 1993, until a final determination has been made on all applications
25-25 submitted on or before the initial application date of March 1,
25-26 1994.
25-27 SECTION 16. TERM PERMITS. (a) Term permits authorize a
26-1 person to withdraw water from the aquifer only when the level of
26-2 the aquifer, as measured at well J-17, is higher than 665 feet
26-3 above mean sea level.
26-4 (b) A term permit may be issued for whatever period the
26-5 authority deems feasible, but may not be issued for a period of
26-6 more than 10 years.
26-7 (c) The maximum total volume of annual withdrawals
26-8 authorized by all term permits combined may not exceed 88,000
26-9 acre-feet per year.
26-10 SECTION 17. EMERGENCY PERMITS. (a) Emergency permits may
26-11 be issued only to prevent the loss of life or to prevent severe,
26-12 imminent threats to the public health or safety.
26-13 (b) The maximum term of an emergency permit is 30 days.
26-14 (c) The holder of an emergency permit may withdraw water
26-15 from the aquifer without regard to its effect on other permit
26-16 holders.
26-17 SECTION 18. CONSERVATION AND REUSE PLANS. (a) The
26-18 authority shall require holders of regular permits and holders of
26-19 term permits to submit water conservation and reuse plans for
26-20 review and approval by the authority.
26-21 (b) The authority shall prepare and update biennially
26-22 enforceable and effective conservation and reuse plans as required
26-23 by this Act. Not later than September 1, 1995, the authority shall
26-24 submit a plan to the Texas Natural Resource Conservation
26-25 Commission.
26-26 SECTION 19. GRANTS. The authority may issue grants or loans
26-27 to finance the purchase and installation of equipment or
27-1 facilities. If the authority issues a grant for a water
27-2 conservation, reuse, or water management project, the beneficiary
27-3 shall negotiate for transfer to the authority rights to aquifer
27-4 water conserved by the project.
27-5 SECTION 20. PERMIT RETIREMENT. (a) The authority shall
27-6 prepare and implement a plan for reducing the maximum annual volume
27-7 of water authorized to be withdrawn under regular permit from the
27-8 aquifer from 450,000 acre-feet per year to 400,000 acre-feet per
27-9 year by January 1, 2008.
27-10 (b) The plan must be enforceable and must include water
27-11 conservation and reuse measures, measures to retire water rights,
27-12 and other water management measures designed to achieve the
27-13 reduction levels.
27-14 (c) The reductions provided for in the plan shall be
27-15 financed by special fees assessed on aquifer and downstream water
27-16 rights under Section 25 of this Act.
27-17 (d) If the overall volume of water authorized to be
27-18 withdrawn from the aquifer pursuant to regular permits is greater
27-19 than 400,000 acre-feet per year on or after January 1, 2008, the
27-20 maximum authorized withdrawal of each regular permit shall be
27-21 immediately reduced by an equal percentage as is necessary to
27-22 reduce overall maximum demand to 400,000 acre-feet per year. The
27-23 amount reduced may be restored, in whole or in part, as other
27-24 appropriate measures are implemented that maintain overall demand
27-25 at or below 400,000 acre-feet per year.
27-26 SECTION 21. ACQUISITION OF RIGHTS. The authority may
27-27 acquire permitted rights to use water from the aquifer for the
28-1 purposes of:
28-2 (1) holding those rights in trust for sale or transfer
28-3 of the water or the rights to persons within the authority's
28-4 jurisdiction who may use water from the aquifer;
28-5 (2) holding those rights in trust as a means of
28-6 managing overall demand on the aquifer;
28-7 (3) holding those rights for resale or retirement as a
28-8 means of complying with pumping reduction requirements under this
28-9 Act; or
28-10 (4) retiring those rights, including those rights
28-11 already permitted.
28-12 SECTION 22. DEMAND MANAGEMENT PLAN. The authority shall
28-13 prepare and, after commission approval, implement plans that
28-14 provide for demand management. The first phase of the plan should
28-15 be implemented when the water level in the aquifer, as determined
28-16 by the authority and measured at well J-17, is at 649 feet above
28-17 mean sea level. The plan must reduce permitted withdrawals from
28-18 the aquifer to 350,000 acre-feet during any 12-month period that
28-19 the aquifer level is at or below 625 feet mean sea level at well
28-20 J-17. The demand mechanisms must:
28-21 (1) distinguish between discretionary use and
28-22 nondiscretionary use for each permittee;
28-23 (2) require reductions, to the maximum extent
28-24 feasible, of all discretionary use; and
28-25 (3) require reduction of nondiscretionary use, to the
28-26 extent further reductions are necessary, in the reverse order of
28-27 the following water use preferences:
29-1 (A) domestic and municipal;
29-2 (B) industrial;
29-3 (C) irrigation;
29-4 (D) recreational and pleasure; and
29-5 (E) other reasonable and necessary uses that are
29-6 for a purpose authorized by law or by the commission.
29-7 SECTION 23. RESEARCH. (a) The authority may conduct
29-8 research on springflow and springflow augmentation, recharge
29-9 enhancement, water conservation, and other water management
29-10 measures to facilitate compliance with the aquifer pumping
29-11 reduction requirements of this Act.
29-12 (b) The authority may conduct research to help:
29-13 (1) manage water resources, including water
29-14 conservation, water use and reuse, and drought management measures;
29-15 (2) augment the flow into and out of the aquifer;
29-16 (3) develop alternative supplies of water for users;
29-17 and
29-18 (4) monitor and protect water quality.
29-19 (c) The authority may contract with other persons to conduct
29-20 research.
29-21 SECTION 24. BONDS; TAXES. (a) The authority may issue
29-22 revenue bonds to finance the purchase of land and facilities and
29-23 the installation of equipment for water conservation, water reuse,
29-24 or other water management measures by water users.
29-25 (b) Revenue bond proceeds may also be used:
29-26 (1) for springflow augmentation or alternative water
29-27 supplies;
30-1 (2) to provide financing for retiring water rights;
30-2 and
30-3 (3) for financial assistance for research or
30-4 conservation under this Act.
30-5 (c) Revenue bond proceeds may not be used for maintenance or
30-6 operating expenses.
30-7 (d) The authority may not levy a property tax.
30-8 SECTION 25. FEES. (a) The authority shall assess aquifer
30-9 management fees based on permitted aquifer rights to finance its
30-10 administrative expenses and programs authorized under this Act.
30-11 The authority shall also assess a special fee based on permitted
30-12 aquifer rights to be used only to finance the retirement of rights
30-13 necessary to meet the goals required by Section 20 of this Act.
30-14 The authority shall set the special fees on permitted aquifer users
30-15 at a level sufficient to match the funds raised from the assessment
30-16 of special fees on downstream water rights holders.
30-17 (b) The commission shall assess special fees on all
30-18 downstream consumptive and nonconsumptive water rights holders in
30-19 the Guadalupe River Basin to be used solely to finance the
30-20 retirement of aquifer rights. Fees assessed by the authority under
30-21 this subsection shall not be assessed on contractual deliveries of
30-22 water stored upstream of San Marcos or Comal Springs that may be
30-23 diverted downstream of the springs. Any person or entity making a
30-24 contractual sale of water stored upstream of the springs may not
30-25 establish a systemwide rate that requires purchasers of
30-26 upstream-stored water to pay the special fee assessed under this
30-27 subsection.
31-1 (c) In developing a fee structure to support authority
31-2 operations and the retirement of aquifer rights, the authority may
31-3 establish different fees on a per acre-foot basis for different
31-4 types of use. The fees shall be equitable between types of uses.
31-5 (d) The authority shall impose permit application fees
31-6 sufficient to cover the costs of processing applications.
31-7 (e) The authority may assess a surcharge fee as a penalty
31-8 for a permittee's usage in excess of permitted amounts.
31-9 SECTION 26. RIVER DIVERSIONS. Any well permit holder may
31-10 withdraw a portion of the water from a diversion point in the
31-11 Guadalupe River past a point where the river emerges from a spring.
31-12 Rights transferred under this section are senior and superior to
31-13 all other rights in the Guadalupe River Basin.
31-14 SECTION 27. MEASURING DEVICES. The owner of a nonexempt
31-15 well that withdraws water from the aquifer shall install and
31-16 maintain a measuring device approved by the authority designed to
31-17 indicate the flow rate and cumulative amount of water withdrawn by
31-18 that well. This requirement may be waived by the authority upon
31-19 written request by a well owner to use an alternative method of
31-20 determining the amount of water withdrawn.
31-21 SECTION 28. REPORTS. Not later than March 1 of each year,
31-22 each holder of a permit shall file with the authority a written
31-23 report of water use for the preceding calendar year on a form
31-24 prescribed by the authority.
31-25 SECTION 29. WELL PERMIT EXEMPTION. (a) A well that
31-26 produces 25,000 gallons or less of water per day for domestic use
31-27 or for the open-range watering of livestock connected with farming,
32-1 ranching, or dairy enterprises is exempt from permitting
32-2 requirements.
32-3 (b) Exempt wells must register with the authority.
32-4 SECTION 30. TRANSFER OF RIGHTS. (a) Permitted aquifer
32-5 water rights are marketable and transferrable only if the permitted
32-6 water withdrawn is used within the boundaries of the authority.
32-7 (b) Each permit holder shall notify the authority of a
32-8 change in name or mailing address or any transfer of a permit or
32-9 well covered by a permit.
32-10 SECTION 31. PROHIBITIONS. (a) The commission may not issue
32-11 additional regular permits to divert surface water from the
32-12 contributing zone of the aquifer except for the purpose of
32-13 recharging the aquifer.
32-14 (b) A person may not withdraw water from the aquifer except
32-15 as authorized by a permit issued by the authority.
32-16 (c) A person holding a permit from the authority may not
32-17 violate the terms or conditions of the permit.
32-18 (d) A person may not waste water withdrawn from the aquifer.
32-19 (e) A person may not pollute or contribute to the pollution
32-20 of the aquifer.
32-21 (f) A person may not violate this Act or a rule of the
32-22 authority adopted under this Act.
32-23 SECTION 32. ENFORCEMENT. (a) The authority may enter
32-24 orders to enforce the terms and conditions of permits, orders, or
32-25 rules issued or adopted under this Act.
32-26 (b) After a hearing, the authority may assess administrative
32-27 penalties of not less than $100 or more than $1,000 for each
33-1 violation and for each day of violation against a person found to
33-2 have violated this Act or an order or rule of the authority issued
33-3 or adopted under this Act.
33-4 (c) The authority or any affected person may file a civil
33-5 action in state district court to obtain injunctive relief to
33-6 enforce the terms and conditions of a permit, order, or rule of the
33-7 authority issued or adopted under this Act. If the court
33-8 determines that a person has violated or threatens to violate a
33-9 permit, order, or rule issued or adopted under this Act, the court
33-10 may enter an injunction to enforce the permit, order, or rule.
33-11 (d) The Texas Natural Resource Conservation Commission may
33-12 file a civil action in state district court to enforce the terms
33-13 and conditions of permits, orders, or rules of the commission or
33-14 authority issued or adopted under this Act. The Texas Natural
33-15 Resource Conservation Commission may file a civil action seeking an
33-16 order of mandamus against the authority to compel the authority to
33-17 perform its duties under this Act or to compel the authority to
33-18 enforce this Act against a violator. The Texas Natural Resource
33-19 Conservation Commission may recover attorney's fees from the
33-20 authority.
33-21 (e) The commission or authority may file a civil action in
33-22 state district court seeking civil penalties for a violation of
33-23 this Act. The commission or authority may recover attorney's fees
33-24 and a civil penalty of not less than $100 or more than $10,000 for
33-25 each violation and for each day of violation.
33-26 (f) An administrative or civil penalty collected under this
33-27 section shall be deposited to the credit of the general revenue
34-1 fund.
34-2 SECTION 33. OFFENSE. A person commits an offense if the
34-3 person knowingly violates a permit, order, or rule issued or
34-4 adopted by the commission, board, or authority. An offense under
34-5 this section is a Class A misdemeanor.
34-6 SECTION 34. EFFECTIVE DATE; TRANSITION. (a) This Act takes
34-7 effect September 1, 1993, except:
34-8 (1) this section takes effect immediately; and
34-9 (2) Sections 31 and 33 of this Act take effect as
34-10 provided by Subsections (d) and (e) of this section.
34-11 (b) The members of the board may be appointed before the
34-12 effective date in anticipation of the effective date.
34-13 (c) Board members may prepare for the creation of the
34-14 authority with the assistance of the commission, but their actions
34-15 may not take effect until September 1, 1993.
34-16 (d) Section 31 of this Act, pertaining to prohibitions,
34-17 takes effect January 1, 1994.
34-18 (e) Section 33 of this Act, pertaining to offenses, takes
34-19 effect January 1, 1994, and applies only to acts committed in
34-20 violation of a permit, rule, or order issued or adopted under this
34-21 Act that occurs on or after that date. Any violation of a permit,
34-22 rule, or order of the commission or authority or any other district
34-23 or authority committed before that date is governed by the law in
34-24 effect at the time the violation was committed.
34-25 SECTION 35. REPEALER; TRANSFERS; RULES. (a) Chapter 99,
34-26 Acts of the 56th Legislature, Regular Session, 1959 (Article
34-27 8280-219, Vernon's Texas Civil Statutes), is repealed, and the
35-1 Edwards Underground Water District is abolished.
35-2 (b) All files and records of the Edwards Underground Water
35-3 District pertaining to control, management, and operation of the
35-4 district are transferred from the Edwards Underground Water
35-5 District to the Edwards Aquifer Water Resource Management Authority
35-6 on the effective date of this Act.
35-7 (c) All real and personal property, leases, rights,
35-8 contracts, staff, and obligations of the Edwards Underground Water
35-9 District are transferred to the Edwards Aquifer Water Resource
35-10 Management Authority on the effective date of this Act.
35-11 (d) On September 1, 1993, all unobligated and unexpended
35-12 funds of the Edwards Underground Water District shall be
35-13 transferred to the Edwards Aquifer Water Resource Management
35-14 Authority.
35-15 (e) A rule adopted by the Edwards Underground Water District
35-16 before the effective date of this Act that relates to management or
35-17 control of the aquifer is, on the effective date of this Act, a
35-18 rule of the Edwards Aquifer Water Resource Management Authority and
35-19 remains in effect until amended or repealed by the authority.
35-20 SECTION 36. EFFECT ON OTHER DISTRICTS. A water conservation
35-21 or reclamation district other than the authority may not manage or
35-22 in any way control water that is a part of the Edwards Aquifer and
35-23 shall cease its operations regarding the Edwards Aquifer on the
35-24 effective date of this Act but may aid and cooperate with the
35-25 authority. This Act does not affect a water reclamation or
35-26 conservation district that manages and controls only water from a
35-27 resource other than the Edwards Aquifer.
36-1 SECTION 37. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
36-2 (a) The proper and legal notice of the intention to introduce this
36-3 Act, setting forth the general substance of this Act, has been
36-4 published as provided by law, and the notice and a copy of this Act
36-5 have been furnished to all persons, agencies, officials, or
36-6 entities to which they are required to be furnished by the
36-7 constitution and other laws of this state, including the governor,
36-8 who has submitted the notice and Act to the Texas Water Commission.
36-9 (b) The Texas Water Commission has filed its recommendations
36-10 relating to this Act with the governor, lieutenant governor, and
36-11 speaker of the house of representatives within the required time.
36-12 (c) All requirements of the constitution and laws of this
36-13 state and the rules and procedures of the legislature with respect
36-14 to the notice, introduction, and passage of this Act are fulfilled
36-15 and accomplished.
36-16 SECTION 38. Emergency. The importance of this legislation
36-17 and the crowded condition of the calendars in both houses create an
36-18 emergency and an imperative public necessity that the
36-19 constitutional rule requiring bills to be read on three several
36-20 days in each house be suspended, and this rule is hereby suspended,
36-21 and that this Act take effect and be in force according to its
36-22 terms, and it is so enacted.