By Hilderbran, et al. H.B. No. 2801 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regional management of the Edwards Aquifer. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 ARTICLE 1. GENERAL PROVISIONS 1-5 Sec. 1.01. DEFINITIONS. In this Act: 1-6 (1) "Authority" means the Edwards Aquifer Regional 1-7 Authority. 1-8 (2) "Commission" means the Texas Natural Resource 1-9 Conservation Commission. 1-10 (3) "Conservation" means: 1-11 (A) the development of water resources; and 1-12 (B) those practices, techniques, and 1-13 technologies that will reduce the consumption of water, reduce the 1-14 loss or waste of water, improve the efficiency in the use of water, 1-15 or increase the recycling and reuse of water so that a water supply 1-16 is made available for future or alternative uses. 1-17 (4) "District" or "member district" means an 1-18 underground water conservation district designated or created under 1-19 this Act as a member of the authority. 1-20 (5) "Edwards Aquifer" means that portion of an arcuate 1-21 belt of porous, water-bearing, predominantly carbonate rocks known 1-22 as the Edwards and Associated Limestones in the Balcones Fault Zone 1-23 trending from west to east to northeast in Kinney, Uvalde, Medina, 2-1 Atascosa, Bexar, Guadalupe, and Comal counties, and in Hays County 2-2 south of the hydrologic division near Kyle that separates flow 2-3 toward the San Marcos River from flow to the Colorado River Basin; 2-4 and composed of the Salmon Peak Limestone, McKnight Formation, West 2-5 Nueces Formation, Devil's River Limestone, Person Formation, Kainer 2-6 Formation, Edwards Formation, Georgetown Formation, and Walnut 2-7 Formation. 2-8 (6) "Groundwater" includes only groundwater in the 2-9 Edwards Aquifer. 2-10 (7) "Reuse" means the use of groundwater for any 2-11 beneficial purpose or purposes, without regard to the necessity or 2-12 degree of treatment that may be required, after the groundwater has 2-13 been previously used for any beneficial purpose or purposes. 2-14 (8) "Use for beneficial purpose" or "beneficial use" 2-15 means, without regard to priority, use for: 2-16 (A) agricultural, gardening, domestic, stock 2-17 raising, municipal, mining, manufacturing, industrial, commercial, 2-18 recreational, or pleasure purposes; 2-19 (B) exploring for, producing, handling, or 2-20 treating oil, gas, sulphur, or other minerals; or 2-21 (C) any other purpose that is useful and 2-22 beneficial to the user. 2-23 (9) "User" means a person who uses: 2-24 (A) groundwater withdrawn from a well completed 2-25 in the Edwards Aquifer; or 3-1 (B) water from the downstream flow from the 3-2 Edwards Aquifer. 3-3 (10) "Waste" means any one or more of the following: 3-4 (A) withdrawal of underground water from an 3-5 underground water reservoir or water-bearing formation at a rate 3-6 and in an amount that causes or threatens to cause intrusion into 3-7 the reservoir or water-bearing formation of water unsuitable for 3-8 agricultural, gardening, domestic, or stock raising purposes; 3-9 (B) the flowing or producing of wells from an 3-10 underground water reservoir or water-bearing formation if the water 3-11 produced is not used for a beneficial purpose; 3-12 (C) escape of underground water from an 3-13 underground water reservoir or water-bearing formation to any other 3-14 reservoir that does not contain underground water; 3-15 (D) pollution or harmful alteration of 3-16 underground water in an underground water reservoir or 3-17 water-bearing formation by salt water, other deleterious matter 3-18 admitted from another stratum or from the surface of the ground; 3-19 (E) wilfully or negligently causing, suffering, 3-20 or permitting underground water to escape into any river, creek, 3-21 natural watercourse, depression, lake, reservoir, drain, sewer, 3-22 street, highway, road, or road ditch, or onto any land other than 3-23 that of the owner of the well; or 3-24 (F) groundwater pumped for irrigation that 3-25 escapes as irrigation tailwater onto land other than that of the 4-1 owner of the well unless permission has been granted by the 4-2 occupant of the land receiving the discharge. 4-3 Sec. 1.02. JURISDICTION OF COMMISSION. The rights, powers, 4-4 privileges, authority, and functions of the authority and of each 4-5 member district are subject to the continuing right of supervision 4-6 of the state to be exercised by and through the commission. 4-7 ARTICLE 2. EDWARDS AQUIFER REGIONAL AUTHORITY 4-8 Sec. 2.01. CREATION OF AUTHORITY. (a) A conservation and 4-9 reclamation authority to be known as the Edwards Aquifer Regional 4-10 Authority is created. 4-11 (b) The authority is created under and is essential to 4-12 accomplish the purposes of Article XVI, Section 59, of the Texas 4-13 Constitution. 4-14 Sec. 2.02. BOUNDARIES OF AUTHORITY. The authority includes 4-15 all the territory within the counties of Bexar, Comal, Hays, 4-16 Medina, and Uvalde. 4-17 Sec. 2.03. FINDING OF BENEFIT. All of the land and other 4-18 property included in the boundaries of the authority will be 4-19 benefited by the works and projects that are to be accomplished by 4-20 the authority under the powers conferred by Article XVI, Section 4-21 59, of the Texas Constitution. The authority is created to serve a 4-22 public use and benefit. 4-23 Sec. 2.04. CONFIRMATION ELECTION NOT REQUIRED. An election 4-24 to confirm the creation of the authority is not required. 4-25 ARTICLE 3. ADMINISTRATION OF AUTHORITY 5-1 Sec. 3.01. BOARD OF DIRECTORS. (a) The authority is 5-2 governed by a board of five directors appointed by the governor 5-3 with the advice and consent of the senate. 5-4 (b) The board of directors consists of one director 5-5 appointed from the board of directors of each member district. 5-6 (c) A director serves a two-year term. The governor may 5-7 appoint as director a person whose remaining term on a district 5-8 board is less than two years and subsequently appoint another 5-9 person to serve the unexpired term on the authority board. 5-10 (d) A person appointed to fill a vacancy on the board: 5-11 (1) must be a member of the board of the member 5-12 district from which the person vacating the position was appointed; 5-13 and 5-14 (2) serves only for the unexpired term of the person 5-15 vacating the position. 5-16 (e) A director serves until the director's successor 5-17 qualifies and takes office. 5-18 Sec. 3.02. Oath of Office. (a) Each director shall take 5-19 the oath of office prescribed by the constitution for public 5-20 officers. 5-21 (b) The oath shall be filed with the authority and retained 5-22 in its records. 5-23 Sec. 3.03. Organization of Board. After the directors have 5-24 been appointed, the board shall organize by electing a president, a 5-25 vice-president, a secretary, and any other officers that in the 6-1 judgment of the board are necessary. 6-2 Sec. 3.04. Compensation of Directors. Directors receive no 6-3 compensation for service on the board but are entitled to receive 6-4 reimbursement of actual and necessary expenses incurred in the 6-5 performance of their duties. 6-6 Sec. 3.05. Officers; Quorum. A simple majority of the full 6-7 board constitutes a quorum for a meeting, and a concurrence of a 6-8 simple majority of the full board is sufficient for transacting 6-9 business of the authority. 6-10 Sec. 3.06. Meetings. (a) The board shall hold regular 6-11 quarterly meetings. It may hold meetings at other times as 6-12 required for the business of the authority. 6-13 (b) Any person may attend a meeting of the board and may 6-14 present in an orderly manner matters for the board's consideration. 6-15 (c) Meetings shall be conducted and notice of meetings shall 6-16 be posted in accordance with the open meetings law, Chapter 271, 6-17 Acts of the 60th Legislature, Regular Session, 1967 (Article 6-18 6252-17, Vernon's Texas Civil Statutes). 6-19 Sec. 3.07. Minutes and Records of District. The board shall 6-20 keep a complete account of all its meetings and proceedings and 6-21 shall preserve its minutes, contracts, records, notices, accounts, 6-22 receipts, and other records in a safe place. All minutes, 6-23 contracts, records, notices, accounts, receipts, and other records 6-24 are the property of the authority and subject to public inspection. 6-25 Sec. 3.08. General Manager. The board may employ a general 7-1 manager and give him full authority in the management and operation 7-2 of the affairs of the authority, subject only to the orders of the 7-3 board. 7-4 Sec. 3.09. Employees of District. (a) The board may employ 7-5 or authorize the manager to employ all persons necessary for the 7-6 proper handling of the business and operation of the authority, its 7-7 plant, and improvements. 7-8 (b) The board shall determine the compensation to be paid 7-9 the general manager and any other employee of the authority or it 7-10 may choose to allow the manager to determine the compensation to be 7-11 paid the employees other than the general manager. An employee may 7-12 be removed by the board or by the general manager. 7-13 (c) The board shall require an employee who collects, pays, 7-14 or handles any funds of the authority to furnish good and 7-15 sufficient bond, payable to the authority, for a sufficient amount 7-16 to safeguard the authority. The bond shall be conditioned on the 7-17 faithful performance of the employee's duties and on accounting for 7-18 all funds and property of the authority. 7-19 (d) The bond may be signed by individual sureties or by a 7-20 surety company authorized to do business in the state. 7-21 ARTICLE 4. POWERS AND DUTIES OF AUTHORITY 7-22 Sec. 4.01. GENERAL AUTHORITY. The authority shall conserve, 7-23 preserve, protect, and increase the recharge of and prevent the 7-24 waste and pollution of underground water in the Edwards Aquifer. 7-25 Sec. 4.02. Contracts. (a) The authority may contract with 8-1 any individual or public or private entity as necessary or 8-2 appropriate to effectively exercise the powers and duties provided 8-3 by this Act. 8-4 (b) Authority contracts shall be executed by the board in 8-5 the name of the authority. 8-6 Sec. 4.03. ACQUISITION OF FACILITIES. The authority may 8-7 acquire lands and easements by purchase or by exercise of the power 8-8 of eminent domain for the erection of dams and for the purpose of 8-9 drilling and equipping in-put wells, and to drill, equip and 8-10 operate in-put wells, construct dams, and to install pumps and 8-11 other equipment necessary to recharge underground water-bearing 8-12 formations. 8-13 Sec. 4.04. ACQUISITION OF WATER AND WATER RIGHTS FOR 8-14 RECHARGE. The authority may acquire by contract or purchase, 8-15 waters and water rights determined by the board to be necessary or 8-16 appropriate for conserving and recharging underground water-bearing 8-17 formations and may appropriate water for recharge under Chapter 11, 8-18 Water Code. 8-19 Sec. 4.05. SURVEYS AND INVESTIGATIONS. The authority may 8-20 employ professional engineers to survey the underground water 8-21 reservoirs or subdivisions and the underground water-bearing 8-22 formations and may undertake investigations to determine the 8-23 movement of underground water and the quantity available for 8-24 production and use and the improvements and developments needed in 8-25 recharging underground water reservoirs or subdivisions and 9-1 underground water-bearing strata. 9-2 Sec. 4.06. COMPREHENSIVE PLANS. The authority shall develop 9-3 comprehensive plans for the most efficient use of underground water 9-4 and for the prevention of waste and pollution of underground water, 9-5 shall collect and preserve information regarding the prevention of 9-6 waste and pollution of underground water, and shall make the plans 9-7 and information available to the public. 9-8 Sec. 4.07. SUITS. The authority may institute and defend 9-9 suits and proceedings before any court or any administrative body 9-10 or agency, state or federal, in carrying out the purposes, powers, 9-11 and functions of the authority. 9-12 Sec. 4.08. CONTRACTS WITH POLITICAL SUBDIVISIONS AND 9-13 GOVERNMENTAL ENTITIES. The authority may contract with and 9-14 participate in joint efforts and projects with water districts, 9-15 conservation districts, cities and towns, counties and municipal 9-16 and governmental agencies, both state and federal, and with 9-17 individuals and private corporations, for the purpose of 9-18 conserving, protecting, recharging, or benefiting underground 9-19 water-bearing formations within the authority and waters in those 9-20 formations. 9-21 Sec. 4.09. DROUGHT MANAGEMENT PLAN. (a) The drought 9-22 management plan of the authority is the drought management plan 9-23 adopted on September 1, 1988, by the Edwards Underground Water 9-24 District under Section 3(10), Chapter 99, Acts of the 56th 9-25 Legislature, Regular Session, 1959 (Article 8280-219, Vernon's 10-1 Texas Civil Statutes). The authority shall implement and enforce 10-2 that plan. 10-3 (b) The authority may amend the drought management plan. 10-4 Sec. 4.10. CONSERVATION AND REUSE. (a) The authority shall 10-5 adopt and implement conservation and reuse plans, including 10-6 conservation goals for residential, commercial, industrial, and 10-7 agricultural users. 10-8 (b) A conservation or reuse plan adopted under this section 10-9 shall set priorities for use as follows: 10-10 (1) domestic and municipal uses and irrigation; 10-11 (2) industrial uses; 10-12 (3) mining and recovery of minerals; 10-13 (4) hydroelectric power; 10-14 (5) navigation; 10-15 (6) recreation and pleasure; and 10-16 (7) other beneficial uses. 10-17 (c) A conservation or reuse plan adopted under this section 10-18 applies to all municipalities within the territory of the 10-19 authority. 10-20 Sec. 4.11. AUGMENTATION. The authority shall develop and 10-21 implement augmentation plans to maintain springflow or to replace 10-22 springflow downstream from spring openings. 10-23 Sec. 4.12. RECHARGE DAMS. (a) The authority may build 10-24 recharge dams in the recharge area of the aquifer. 10-25 (b) The commission shall determine the historic yield of 11-1 floodwaters to the Nueces River basin. The historical yield is 11-2 equal to the lesser of: 11-3 (1) the average annual yield for the period from 1950 11-4 to 1987; or 11-5 (2) the annual yield for 1987. 11-6 (c) Only the amount of floodwaters in excess of the historic 11-7 yield as determined by the commission may be impounded by recharge 11-8 dams under this section. 11-9 Sec. 4.13. SURFACE RESERVOIRS AND INTERBASIN 11-10 TRANSFERS; ACQUISITION OF WATER RIGHTS. (a) The authority may 11-11 build surface water reservoirs. 11-12 (b) The authority may contract to obtain interbasin 11-13 transfers of water. 11-14 (c) The authority may purchase or lease water rights. 11-15 (d) The following water rights shall be granted to the 11-16 authority: 11-17 (1) all water rights in Canyon Lake that are available 11-18 for appropriation; 11-19 (2) all water newly developed and available after 11-20 September 1, 1993, from floodwater or drainage; and 11-21 (3) all water rights that become available for 11-22 appropriation after a cancellation proceeding brought by the 11-23 commission relating to downstream rights in the Nueces, San 11-24 Antonio, or Guadalupe-Blanco River basin. 11-25 Sec. 4.14. WATER MARKETS. (a) In order to make more water 12-1 available during periods of reduced supply, the authority by rule 12-2 shall establish guidelines under which the authority, a member 12-3 district, a municipality, a river authority, or private downstream 12-4 users either individually or in consortium may by contract with a 12-5 surface owner who uses or produces water from the aquifer for 12-6 irrigation obtain an option to require the owner not to use or 12-7 produce water for irrigation during dry periods when additional 12-8 water supplies are needed. 12-9 (b) A contract under this section may be executed for a 12-10 period not to exceed five years and may be renewed. 12-11 (c) A contract to suspend use or production of water under 12-12 this section does not affect the surface owner's right, after the 12-13 expiration of the contract, to use or produce water from the 12-14 aquifer in quantities equal to quantities used or produced by the 12-15 owner before the date of the contract. 12-16 Sec. 4.15. FEES. The authority may charge user fees, 12-17 including permit fees and replenishment fees, to downstream users. 12-18 Sec. 4.16. TAXES. The authority may not impose a tax. 12-19 Sec. 4.17. BONDS. The authority may not issue bonds. 12-20 Sec. 4.18. RULES. The authority shall adopt and enforce 12-21 reasonable rules to carry out its powers and duties under this 12-22 article. 12-23 Sec. 4.19. ENFORCEMENT. The authority or a member district 12-24 may enforce rules adopted by the authority under this article by 12-25 injunction, mandatory injunction, or other appropriate remedy in a 13-1 court of competent jurisdiction. 13-2 Sec. 4.20. ANNUAL AUDIT. Annually, the board shall have an 13-3 audit made of the financial condition of the authority. 13-4 ARTICLE 5. CREATION, DESIGNATION, AND POWERS OF MEMBER DISTRICTS 13-5 Sec. 5.01. DESIGNATION OF MEMBER DISTRICTS. (a) The Medina 13-6 County Underground Water Conservation District, as validated by 13-7 Chapter 177, Acts of the 72nd Legislature, Regular Session, 1991, 13-8 is a member district. 13-9 (b) Each district created under this article and confirmed 13-10 by an election as provided by this article is a member district. 13-11 Sec. 5.02. Creation of Other Member Districts. (a) An 13-12 underground water conservation district is created in each of the 13-13 following counties, subject to approval at a confirmation election 13-14 under Section 5.11 of this Act: 13-15 (1) in Bexar County, the Bexar County Underground 13-16 Water Conservation District; 13-17 (2) in Comal County, the Comal County Underground 13-18 Water Conservation District; 13-19 (3) in Hays County, the Hays County Underground Water 13-20 Conservation District; and 13-21 (4) in Uvalde County, the Uvalde County Underground 13-22 Water Conservation District. 13-23 (b) Each district is a governmental agency and a body 13-24 politic and corporate. 13-25 (c) Each district is created under and is essential to 14-1 accomplish the purposes of Article XVI, Section 59, of the Texas 14-2 Constitution. 14-3 Sec. 5.03. Definition. In this article, "district" means an 14-4 underground water conservation district created under this article. 14-5 Sec. 5.04. Boundaries. (a) The boundaries of the Bexar 14-6 County Underground Water Conservation District are coextensive with 14-7 the boundaries of Bexar County, Texas. 14-8 (b) The boundaries of the Comal County Underground Water 14-9 Conservation District are coextensive with the boundaries of Comal 14-10 County, Texas. 14-11 (c) The boundaries of the Hays County Underground Water 14-12 Conservation District are coextensive with the boundaries of Hays 14-13 County, Texas, except for that territory included in the Barton 14-14 Springs-Edwards Aquifer Conservation District. 14-15 (d) The boundaries of the Uvalde County Underground Water 14-16 Conservation District are coextensive with the boundaries of Uvalde 14-17 County, Texas. 14-18 Sec. 5.05. FINDING OF BENEFIT. All of the land and other 14-19 property included within the boundaries of each district will be 14-20 benefited by the works and projects that are to be accomplished by 14-21 the district under powers conferred by Article XVI, Section 59, of 14-22 the Texas Constitution. The districts are created to serve a 14-23 public use and benefit. 14-24 Sec. 5.06. POWERS. Each district has all of the rights, 14-25 powers, privileges, authority, functions, and duties provided by 15-1 the general law of this state, including Chapters 50 and 52, Water 15-2 Code, applicable to underground water conservation districts 15-3 created under Article XVI, Section 59, of the Texas Constitution. 15-4 This article prevails over any provision of general law that is in 15-5 conflict or inconsistent with this article. 15-6 Sec. 5.07. ELECTION OF DIRECTORS. (a) The directors of 15-7 each district shall be elected according to the single-member 15-8 subdistrict method as provided by this article. 15-9 (b) One director shall be elected from each single-member 15-10 subdistrict by the electors of that subdistrict. 15-11 (c) A person shall indicate on the application for a place 15-12 on the ballot the single-member subdistrict that the person seeks 15-13 to represent. 15-14 (d) Each district board of directors shall revise each 15-15 single-member subdistrict after each federal decennial census to 15-16 reflect population changes. At the first election after the 15-17 subdistricts are revised, a new director shall be elected from each 15-18 subdistrict. The directors shall draw lots to determine which two 15-19 directors shall serve two-year terms and which three directors 15-20 shall serve four-year terms. 15-21 Sec. 5.08. BOARD OF DIRECTORS. (a) Each district is 15-22 governed by a board of five directors. 15-23 (b) A vacancy in the office of director shall be filled by 15-24 appointment of the district board until the next election for 15-25 directors. If the position is not scheduled to be filled at the 16-1 election, the person elected to fill the position shall serve only 16-2 for the remainder of the unexpired term. 16-3 (c) To be eligible to serve as director, a person must be a 16-4 registered voter in the subdistrict from which the person is 16-5 elected or appointed. 16-6 Sec. 5.09. SERVICE OF DIRECTORS. (a) Temporary directors 16-7 serve until initial directors are elected under Section 5.11. 16-8 (b) Initial directors serve until permanent directors are 16-9 elected under Section 5.12. 16-10 (c) Permanent directors serve staggered four-year terms. 16-11 (d) Each director must qualify to serve as director in the 16-12 manner provided by Sections 51.078 and 51.079, Water Code. 16-13 (e) A director serves until the director's successor has 16-14 qualified. 16-15 Sec. 5.10. TEMPORARY DIRECTORS. (a) The temporary board of 16-16 directors of the Bexar County Underground Water Conservation 16-17 District is composed of: 16-18 (1) _____________ 16-19 (2) _____________ 16-20 (3) _____________ 16-21 (4) _____________ 16-22 (5) _____________ 16-23 (b) The temporary board of directors of the Comal County 16-24 Underground Water Conservation District is composed of: 16-25 (1) _______________ 17-1 (2) _______________ 17-2 (3) _______________ 17-3 (4) _______________ 17-4 (5) _______________ 17-5 (c) The temporary board of directors of the Hays County 17-6 Underground Water Conservation District is composed of: 17-7 (1) _______________ 17-8 (2) _______________ 17-9 (3) _______________ 17-10 (4) _______________ 17-11 (5) _______________ 17-12 (d) The temporary board of directors of the Uvalde County 17-13 Underground Water Conservation District is composed of: 17-14 (1) _______________ 17-15 (2) _______________ 17-16 (3) _______________ 17-17 (4) _______________ 17-18 (5) _______________ 17-19 (e) If a temporary director of a district fails to qualify 17-20 for office, the temporary directors of that district who have 17-21 qualified shall appoint a person to fill the vacancy. If at any 17-22 time there are fewer than three qualified temporary directors for a 17-23 district, the Texas Water Commission shall appoint the necessary 17-24 number of persons to fill all vacancies on the district board. 17-25 (f) The temporary board of directors for each district shall 18-1 establish five single-member subdistricts from which initial and 18-2 permanent directors are elected. 18-3 Sec. 5.11. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. 18-4 (a) The temporary board of directors of each district shall call 18-5 and hold an election to confirm establishment of the district and 18-6 to elect five initial directors. 18-7 (b) A person, including a temporary director, who desires to 18-8 be a candidate for the office of initial director for a district 18-9 may file an application with the temporary board of the district to 18-10 have the candidate's name printed on the ballot as provided by 18-11 Section 52.107, Water Code. 18-12 (c) At the confirmation and initial directors' election for 18-13 each district, the temporary board of directors shall have the name 18-14 of any candidate filing for the office of director as provided by 18-15 Subsection (b) of this section placed on the ballot and blank 18-16 spaces to write in the names of other persons. If the district is 18-17 created at the election, the temporary directors, at the time the 18-18 vote is canvassed, shall declare the person who receives the most 18-19 votes in each subdistrict to be elected as director for that 18-20 subdistrict and the person who receives the most votes in the 18-21 district to be elected as director for the district at large. The 18-22 district shall include the results of the directors' election in 18-23 its election report to the Texas Water Commission. 18-24 (d) Section 41.001(a), Election Code, does not apply to a 18-25 confirmation and initial directors' election held as provided by 19-1 this section. 19-2 (e) Except as provided by this section, a confirmation and 19-3 initial directors' election must be conducted as provided by 19-4 Sections 52.059(b)-(g), Water Code, and by the Election Code. 19-5 Sec. 5.12. ELECTION OF DIRECTORS. On the first Saturday in 19-6 May of the second year after the year in which the district is 19-7 authorized to be created at a confirmation election, an election 19-8 shall be held in each district for the election of two directors 19-9 who shall each serve two-year terms and three directors who shall 19-10 each serve four-year terms. Thereafter, on the same date in each 19-11 subsequent second year, the appropriate number of directors shall 19-12 be elected to each district board. 19-13 Sec. 5.13. EFFECT OF FAILURE TO CONFIRM CREATION OF 19-14 DISTRICT. If at the confirmation election for any district created 19-15 under this article the majority of voters in the county vote 19-16 against confirmation of the district and the district is not 19-17 created, then: 19-18 (1) the commission shall exercise the powers of a 19-19 district created under Chapter 52, Water Code, to conserve, 19-20 preserve, protect, and increase the recharge of and prevent the 19-21 waste and pollution of groundwater in that county; and 19-22 (2) the governor shall appoint any qualified voter in 19-23 that county to the board of directors of the authority. 19-24 Sec. 5.14. ADDITIONAL POWERS AND DUTIES OF MEMBER DISTRICTS. 19-25 (a) A member district shall adopt and implement and may enforce 20-1 rules and plans adopted by the authority under Article 4 of this 20-2 Act. 20-3 (b) A member district must exercise its powers under Chapter 20-4 52, Water Code, in conformity with any rule and plan adopted by the 20-5 authority under Article 4 of this Act. 20-6 (c) If a member district and the authority have the same 20-7 power or duty under Chapter 52, Water Code, and this Act, the 20-8 district may contract with the authority to exercise the power or 20-9 perform the duty for the district. 20-10 (d) A member district annually shall make available to the 20-11 authority, in a form acceptable to the authority, all information 20-12 relating to production and use of groundwater within the district 20-13 that the district compiles under Chapter 52, Water Code. 20-14 (e) A member district may charge permit fees. 20-15 ARTICLE 6. MISCELLANEOUS PROVISIONS 20-16 Sec. 6.01. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 20-17 (a) The proper and legal notice of the intention to introduce this 20-18 Act, setting forth the general substance of this Act, has been 20-19 published as provided by law, and the notice and a copy of this Act 20-20 have been furnished to all persons, agencies, officials, or 20-21 entities to which they are required to be furnished by the 20-22 constitution and other laws of this state, including the governor, 20-23 who has submitted the notice and Act to the Texas Water Commission. 20-24 (b) The Texas Water Commission has filed its recommendations 20-25 relating to this Act with the governor, lieutenant governor, and 21-1 speaker of the house of representatives within the required time. 21-2 (c) All requirements of the constitution and laws of this 21-3 state and the rules and procedures of the legislature with respect 21-4 to the notice, introduction, and passage of this Act are fulfilled 21-5 and accomplished. 21-6 Sec. 6.02. REPEALER; TRANSFERS; RULES. (a) Chapter 99, 21-7 Acts of the 56th Legislature, Regular Session, 1959 (Article 21-8 8280-219, Vernon's Texas Civil Statutes), is repealed, and the 21-9 Edwards Underground Water District is abolished. 21-10 (b) On the effective date of this Act: 21-11 (1) all files and records of the Edwards Underground 21-12 Water District pertaining to control, management, and operation of 21-13 the district are transferred from the Edwards Underground Water 21-14 District to the Edwards Aquifer Regional Authority; 21-15 (2) all real property, leases, and rights of the 21-16 Edwards Underground Water District are transferred to the Edwards 21-17 Aquifer Regional Authority; and 21-18 (3) all unobligated and unexpended funds of the 21-19 Edwards Underground Water District shall be transferred to the 21-20 Edwards Aquifer Regional Authority. 21-21 (c) A rule adopted by the Edwards Underground Water District 21-22 before the effective date of this Act that relates to management or 21-23 control of the aquifer is, on the effective date of this Act, a 21-24 rule of the Edwards Aquifer Regional Authority and remains in 21-25 effect until amended or repealed by the authority. 22-1 Sec. 6.03. APPOINTMENT OF DIRECTORS OF AUTHORITY. (a) The 22-2 governor shall appoint the temporary directors to the board of 22-3 directors of the authority as soon as practicable after the 22-4 effective date of this Act. 22-5 (b) The governor shall appoint initial directors to the 22-6 board of directors of the authority as soon as practicable after 22-7 the canvass of the last confirmation election held under Section 22-8 5.11 of this Act is complete. 22-9 (c) The governor shall appoint permanent directors to the 22-10 board of directors of the authority as soon as practicable after 22-11 the canvass of the last election of first permanent directors held 22-12 under Section 5.12 of this Act is complete. 22-13 Sec. 6.04. INVALIDATION OF PURPORTED DISTRICT. (a) 22-14 Notwithstanding any Act validating the purported creation of an 22-15 underground water conservation district in Uvalde County that may 22-16 be passed by the 73rd Legislature and notwithstanding the date on 22-17 which such an Act may be passed, an underground water conservation 22-18 district purportedly created in that county by a method other than 22-19 a special law that is not a validating act or the procedures 22-20 provided by Subchapter B, Chapter 52, Water Code, is illegally 22-21 created and is not a district under law. 22-22 (b) Nothing in this Act imposes as an obligation on the 22-23 Uvalde Underground Water Conservation District created under this 22-24 Act an enforceable liability incurred by an underground water 22-25 conservation district purportedly created in Uvalde County by any 23-1 other method. 23-2 Sec. 6.05. EFFECTIVE DATE. This Act takes effect September 23-3 1, 1993. 23-4 Sec. 6.06. EMERGENCY. The importance of this legislation 23-5 and the crowded condition of the calendars in both houses create an 23-6 emergency and an imperative public necessity that the 23-7 constitutional rule requiring bills to be read on three several 23-8 days in each house be suspended, and this rule is hereby suspended.