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.