73R8403 MI-D
          By Hilderbran                                         H.B. No. 1813
          Substitute the following for H.B. No. 1813:
          By Nieto                                          C.S.H.B. No. 1813
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the authority of the Upper Guadalupe River Authority to
    1-3  appropriate state water for recharging certain underground fresh
    1-4  water bearing sands and aquifers.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 16, Chapter 5, page 1062, Special Laws,
    1-7  Acts of the 46th Legislature, Regular Session, 1939, is amended by
    1-8  adding Subsections (c) and (d) to read as follows:
    1-9        (c)  As a necessary aid to the conservation, control,
   1-10  preservation, and distribution of the water described in Subsection
   1-11  (a) of this section for beneficial use, the District shall have the
   1-12  right, power, privilege, function, and authority to obtain a permit
   1-13  from the Texas Natural Resource Conservation Commission to
   1-14  appropriate state water, including the ordinary or normal flow,
   1-15  subject to existing water rights, of the Upper Guadalupe River and
   1-16  its tributaries within the boundaries of the District for the
   1-17  purpose of recharging underground fresh water bearing sands and
   1-18  aquifers within the boundaries of the District.  The District may
   1-19  retrieve water for beneficial use from beneath land owned by the
   1-20  District or land owned by a person who has contracted with the
   1-21  District for the withdrawal of that water.   The District may make
   1-22  contracts with municipalities and other persons or entities located
   1-23  in Kerr County for the sale of that water.
   1-24        (d)  State water used to recharge underground fresh water
    2-1  bearing sands and aquifers under Subsection (c) of this section
    2-2  loses its character as state water and becomes percolating
    2-3  groundwater, subject to rules adopted by an underground water
    2-4  conservation district having jurisdiction.
    2-5        SECTION 2.  A reference in this Act to the Texas Natural
    2-6  Resource Conservation Commission is a reference to the Texas Water
    2-7  Commission or its successor if:
    2-8              (1)  the change in name of the Texas Water Commission
    2-9  to the Texas Natural Resource Conservation Commission does not take
   2-10  effect as provided by Section 1.085, Chapter 3, Acts of the 72nd
   2-11  Legislature, 1st Called Session, 1991;
   2-12              (2)  the transfer of the powers, duties, rights, and
   2-13  obligations of the Texas Water Commission to the Texas Natural
   2-14  Resource Conservation Commission does not take effect as provided
   2-15  by Chapter 3, Acts of the 72nd Legislature, 1st Called Session,
   2-16  1991; or
   2-17              (3)  the 73rd Legislature does not pass an Act that
   2-18  becomes law and provides for the transfer of certain powers,
   2-19  duties, rights, and obligations of the Texas Water Commission to
   2-20  the Texas Natural Resource Conservation Commission on or before
   2-21  September 1, 1993.
   2-22        SECTION 3.  The importance of this legislation and the
   2-23  crowded condition of the calendars in both houses create an
   2-24  emergency and an imperative public necessity that the
   2-25  constitutional rule requiring bills to be read on three several
   2-26  days in each house be suspended, and this rule is hereby suspended,
   2-27  and that this Act take effect and be in force from and after its
    3-1  passage, and it is so enacted.