By: Rodriguez H.B. No. 2857
73R6831 MI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the Edwards Augmentation Authority.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 ARTICLE 1. GENERAL PROVISIONS
1-5 SECTION 1.01. PURPOSES. The purposes of this Act are:
1-6 (1) to provide for the construction and demonstration
1-7 of various methods of augmenting stream flows and spring flows in
1-8 the areas of and near San Marcos Springs and Comal Springs to
1-9 maintain endangered species under all conditions, including a
1-10 repeat of the drought of record;
1-11 (2) to provide, through actual demonstration projects,
1-12 the strongest possible evidence to federal and state legislative,
1-13 judicial, and administrative bodies and to the public of how
1-14 endangered species can be maintained and protected with
1-15 augmentation and recharge waters; and
1-16 (3) to provide for the preparation of:
1-17 (A) a plan to maximize the long-term sustainable
1-18 yield of the Edwards Aquifer with recharge and augmentation
1-19 projects; and
1-20 (B) a comparison of the economic costs,
1-21 engineering requirements, and environmental impacts of the various
1-22 methods proposed to meet the long-term water supply needs of the
1-23 Edwards Aquifer region in the San Antonio area while maintaining
1-24 the endangered species in the areas of the springs under all
2-1 conditions, including a repeat of the drought of record.
2-2 SECTION 1.02. DEFINITIONS. In this Act:
2-3 (1) "Authority" means the Edwards Augmentation
2-4 Authority.
2-5 (2) "Board" means the board of directors of the
2-6 authority.
2-7 (3) "Edwards Aquifer" means that portion of an arcuate
2-8 belt of porous, water-bearing, predominantly carbonate rocks known
2-9 as the Edwards and Associated Limestones in the Balcones Fault Zone
2-10 trending from west to east to northeast in Kinney, Uvalde, Medina,
2-11 Atascosa, Bexar, Guadalupe, and Comal counties, and in Hays County
2-12 south of the hydrologic division near Kyle that separates flow
2-13 toward the San Marcos River from flow to the Colorado River Basin;
2-14 and composed of the Salmon Peak Limestone, McKnight Formation, West
2-15 Nueces Formation, Devil's River Limestone, Person Formation, Kainer
2-16 Formation, Edwards Formation, Georgetown Formation, and Walnut
2-17 Formation.
2-18 (4) "Springs" means San Marcos Springs and Comal
2-19 Springs.
2-20 SECTION 1.03. JURISDICTION OF COMMISSION. The rights,
2-21 powers, privileges, authority, and functions of the authority and
2-22 of each local authority are subject to the continuing right of
2-23 supervision of the state to be exercised by and through the Texas
2-24 Natural Resource Conservation Commission.
2-25 ARTICLE 2. EDWARDS AUGMENTATION AUTHORITY
2-26 SECTION 2.01. CREATION OF AUTHORITY. (a) A conservation
2-27 and reclamation authority to be known as the Edwards Augmentation
3-1 Authority is created.
3-2 (b) The authority is created under and is essential to
3-3 accomplish the purposes of Article XVI, Section 59, of the Texas
3-4 Constitution.
3-5 SECTION 2.02. BOUNDARIES OF AUTHORITY. The authority
3-6 includes all the territory within the counties of Bexar, Comal,
3-7 Hays, Medina, and Uvalde.
3-8 SECTION 2.03. FINDING OF BENEFIT. All of the land and other
3-9 property included in the boundaries of the authority will be
3-10 benefited by the works and projects that are to be accomplished by
3-11 the authority under the powers conferred by Article XVI, Section
3-12 59, of the Texas Constitution. The authority is created to serve a
3-13 public use and benefit.
3-14 SECTION 2.04. CONFIRMATION ELECTION NOT REQUIRED. An
3-15 election to confirm the creation of the authority is not required.
3-16 ARTICLE 3. ADMINISTRATION OF AUTHORITY
3-17 SECTION 3.01. BOARD OF DIRECTORS. (a) The authority is
3-18 governed by a board of 18 directors.
3-19 (b) The board consists of:
3-20 (1) six members who are the directors of the Edwards
3-21 Underground Water District elected from Bexar County;
3-22 (2) three members who are the directors of the Edwards
3-23 Underground Water District elected from Hays County;
3-24 (3) three members who are the directors of the Edwards
3-25 Underground Water District elected from Comal County;
3-26 (4) three members who are elected from among its
3-27 members by the board of directors of the Medina County Underground
4-1 Water Conservation District; and
4-2 (5) three members from Uvalde County who are:
4-3 (A) elected by the board of directors of the
4-4 Uvalde County Underground Water Conservation District from among
4-5 its members if that district is validated by or created under an
4-6 Act of the 73rd Legislature, Regular Session, 1993; or
4-7 (B) appointed by the commissioners court of
4-8 Uvalde County if the Uvalde County Underground Water Conservation
4-9 District is not validated by or created under an Act of the 73rd
4-10 Legislature, Regular Session, 1993.
4-11 SECTION 3.02. TERM OF OFFICE. (a) A director who is a
4-12 member of the board of directors of an underground water
4-13 conservation district or of the Edwards Underground Water District
4-14 serves on the authority board for the time that the director serves
4-15 on the district board.
4-16 (b) A director who is appointed by the commissioners court
4-17 serves a term of four years.
4-18 SECTION 3.03. OATH OF OFFICE. (a) Each director shall take
4-19 the oath of office prescribed by the constitution for public
4-20 officers.
4-21 (b) The oath shall be filed with the authority and retained
4-22 in its records.
4-23 SECTION 3.04. ORGANIZATION OF BOARD. At its first meeting
4-24 after the creation of the authority, the board shall organize by
4-25 electing a chairman, a vice-chairman, a secretary, and other
4-26 officers that in the judgment of the board are necessary.
4-27 SECTION 3.05. COMPENSATION OF DIRECTORS. Directors receive
5-1 no compensation for service on the board but are entitled to
5-2 receive reimbursement for actual and necessary expenses incurred in
5-3 the performance of their duties.
5-4 SECTION 3.06. QUORUM; VOTING. (a) A majority of the
5-5 membership of the board constitutes a quorum. The concurrence of a
5-6 majority of the membership of the board is required for transacting
5-7 business of the authority.
5-8 (b) Each director is entitled to one vote. The chairman is
5-9 entitled to a second vote if necessary to break a tie.
5-10 SECTION 3.07. COUNTY EXECUTIVE COMMITTEES. (a) The county
5-11 executive committee for each county within the authority consists
5-12 of the board members from that county as described in Section 3.01
5-13 of this Act. A county executive committee has jurisdiction over
5-14 the county it represents.
5-15 (b) Each executive committee shall select a chairman from
5-16 among its members. The chairman is entitled to a second vote if
5-17 necessary to break a tie.
5-18 (c) A majority of the membership of an executive committee
5-19 constitutes a quorum. The concurrence of a majority of the
5-20 membership of the committee is required for transacting business of
5-21 the committee.
5-22 SECTION 3.08. GENERAL MANAGER. The board may employ a
5-23 general manager to manage and conduct the business of the authority
5-24 subject to orders of the board.
5-25 SECTION 3.09. EMPLOYEES AND CONSULTANTS. The board may
5-26 employ staff and consultants as necessary to carry out the duties
5-27 of the authority.
6-1 ARTICLE 4. POWERS AND DUTIES OF AUTHORITY
6-2 SECTION 4.01. EVALUATION OF AUGMENTATION METHODS. (a) With
6-3 the goal of finding as many methods as possible for providing for
6-4 the reliable maintenance of the numbers, reproductive capacity, and
6-5 distribution range of endangered species under all conditions,
6-6 including a repeat of the drought of record, the authority shall
6-7 collect information on and evaluate the following augmentation
6-8 methods:
6-9 (1) pumping aquifer water from various locations in
6-10 the Edwards Aquifer into a streambed at, below, above, adjacent to,
6-11 or in the area of the springs;
6-12 (2) pumping aquifer water from various locations in
6-13 the Edwards Aquifer and injecting or percolating the water back
6-14 into the aquifer in locations near or at the springs, or in distant
6-15 flowpaths that result in waters issuing from the springs;
6-16 (3) recirculating the waters of the San Marcos and
6-17 Comal rivers, whether derived from augmented flow or otherwise,
6-18 from points below the springs back into the aquifer or back into
6-19 the streambed at, below, above, adjacent to, or in the area of the
6-20 springs;
6-21 (4) providing enhanced recharge to the Edwards Aquifer
6-22 by percolation or injection from diversions of water from streams
6-23 above or crossing the aquifer, including the Guadalupe River,
6-24 Blanco River, Cibolo Creek, Medina River, San Antonio River, Frio
6-25 River, Dry Frio River, Nueces River, or tributaries of those
6-26 streams, and delivering water from those sources to a streambed at,
6-27 below, above, adjacent to, or in the area of the springs;
7-1 (5) providing enhanced recharge to the Edwards Aquifer
7-2 by percolation or injection from new or additional diversions of
7-3 water from streams outside the aquifer area, using both
7-4 intermittent and firm waters, and delivering water from those
7-5 sources to a streambed at, below, above, adjacent to, or in the
7-6 area of the springs;
7-7 (6) providing enhanced recharge to the Edwards Aquifer
7-8 at various sites, including Medina Lake, Upper Cibolo Creek, Hueco
7-9 Springs, nearby recharge sites for San Marcos Springs, nearby
7-10 recharge sites for Comal Springs, and areas of the Edwards Aquifer
7-11 or other aquifers where injection wells or natural percolation into
7-12 an aquifer may be considered;
7-13 (7) providing for elevation of the existing dams
7-14 constructed in the areas below the springs' discharge and
7-15 installing flow control valves to regulate spring discharge during
7-16 periods of high aquifer levels to make more water available for
7-17 release in time of drought;
7-18 (8) providing enhanced recharge by percolation or
7-19 injection to the Edwards Aquifer from water stored in other
7-20 aquifers, or providing water to the streambeds in the area of the
7-21 springs from waters stored in other aquifers;
7-22 (9) adding recharge to the Edwards Aquifer from
7-23 existing reservoirs lying above, over, or near the Edwards Aquifer,
7-24 including Canyon Lake and Medina Lake;
7-25 (10) adding recharge by injection or percolation at
7-26 places in or above the Edwards Aquifer, whether in the Edwards
7-27 Aquifer itself or in other aquifers that flow waters into the
8-1 Edwards Aquifer, where the residency time of waters is sufficiently
8-2 long to give benefits to aquifer levels and spring flow over a long
8-3 period of time;
8-4 (11) other augmentation methods that may be suggested
8-5 by a consultant hired by the authority; and
8-6 (12) any combination of the listed augmentation
8-7 methods.
8-8 (b) The evaluations required by Subsection (a) of this
8-9 section shall include for each augmentation method considered a
8-10 description or estimate of:
8-11 (1) engineering requirements;
8-12 (2) economic costs;
8-13 (3) environmental consequences; and
8-14 (4) reliability of each method in providing for the
8-15 maintenance of numbers, reproductive capacity, and distribution
8-16 range of endangered species under all conditions, including a
8-17 repeat of the drought of record.
8-18 (c) The authority, in seeking information on augmentation
8-19 methods, may consult with and consider augmentation methods
8-20 designed to maintain endangered species suggested by:
8-21 (1) government agencies, including:
8-22 (A) the Texas Water Development Board;
8-23 (B) the Edwards Underground Water District;
8-24 (C) the Texas Natural Resource Conservation
8-25 Commission;
8-26 (D) the Parks and Wildlife Department;
8-27 (E) the United States Geological Survey;
9-1 (F) the United States Fish and Wildlife Service;
9-2 (G) the San Antonio Water System;
9-3 (H) the city of San Antonio;
9-4 (I) the San Antonio River Authority;
9-5 (J) the Guadalupe-Blanco River Authority; and
9-6 (K) the Nueces River Authority; and
9-7 (2) private organizations and individuals, including
9-8 environmental organizations and members of the public who
9-9 participate in public hearings held under Subsection (d) of this
9-10 section.
9-11 (d) In collecting information on augmentation methods as
9-12 required by this section, the authority shall hold at least one
9-13 public hearing in each county within the authority.
9-14 SECTION 4.02. CONSTRUCTION OF DEMONSTRATION AUGMENTATION
9-15 PROJECTS; EMINENT DOMAIN. (a) The authority shall construct
9-16 augmentation projects to demonstrate the augmentation methods the
9-17 authority determines to be the most reliable and feasible for
9-18 maintaining the numbers, reproductive capacity, and distribution
9-19 range of endangered species. The authority has the power of
9-20 eminent domain for projects constructed by the authority under this
9-21 section.
9-22 (b) The authority shall contract for the construction of at
9-23 least one demonstration augmentation project under this section not
9-24 later than November 1, 1994.
9-25 (c) If the authority does not contract to construct an
9-26 augmentation project within the time required, a county executive
9-27 committee may contract to construct augmentation projects in the
10-1 county represented by the committee. The committee may use money
10-2 retained under Section 5.01 of this Act or the proceeds of bonds
10-3 issued by the committee under Section 5.03 of this Act to pay for
10-4 county augmentation projects. A county executive committee has the
10-5 power of eminent domain for projects constructed by the committee
10-6 under this section.
10-7 SECTION 4.03. PREPARATION OF LONG-TERM PLAN. (a) The
10-8 authority shall prepare a plan or plans for use of augmentation and
10-9 recharge projects to maximize the long-term sustainable yield of
10-10 the Edwards Aquifer.
10-11 (b) A plan prepared under this section shall:
10-12 (1) describe or estimate:
10-13 (A) economic costs of implementing the plan;
10-14 (B) engineering requirements;
10-15 (C) environmental impacts; and
10-16 (D) reliability of the plan for maintaining
10-17 endangered species under all conditions, including a repeat of the
10-18 drought of record; and
10-19 (2) compare the plan with other proposed plans for
10-20 providing water to maintain endangered species by means other than
10-21 augmentation.
10-22 (c) Comparisons prepared under Subsection (b)(2) of this
10-23 section:
10-24 (1) shall include the descriptions or estimates
10-25 required by Subsection (b)(1) of this section;
10-26 (2) shall include any plan proposed by a state or
10-27 federal agency or court; and
11-1 (3) may, at the discretion of the authority, include
11-2 comparisons of proposed legislation for the management of the
11-3 Edwards Aquifer that contains provisions for the maintenance of
11-4 endangered species in the area of the springs.
11-5 (d) Not later than November 1, 1995, the authority shall
11-6 provide copies of a completed plan to the governor, the lieutenant
11-7 governor, the speaker of the house of representatives, and the
11-8 Texas Water Development Board. The authority shall make copies of
11-9 the plan available on request to state and federal agencies and
11-10 courts, to members of congress, and to the public.
11-11 ARTICLE 5. FINANCIAL PROVISIONS
11-12 SECTION 5.01. RESERVE FUND OF EDWARDS UNDERGROUND WATER
11-13 DISTRICT. (a) The Edwards Underground Water District shall
11-14 disburse the district's reserve fund to the county executive
11-15 committees. Each county executive committee shall receive an
11-16 amount proportionate to the amount contributed to the fund by the
11-17 county it represents.
11-18 (b) A county executive committee may transfer to the
11-19 authority the entire amount disbursed to the committee under this
11-20 section. Each county executive committee shall transfer to the
11-21 authority not less than 25 percent of that amount.
11-22 (c) A county executive committee that retains any portion of
11-23 the amount disbursed to the committee under this section may use
11-24 the money only to pay for the construction of augmentation projects
11-25 in the county represented by the committee.
11-26 (d) The authority may use money transferred to the authority
11-27 under this section for:
12-1 (1) administrative costs;
12-2 (2) preparing the evaluation and plans required by
12-3 Article 4 of this Act; and
12-4 (3) planning and constructing augmentation projects
12-5 required by Section 4.02 of this Act.
12-6 SECTION 5.02. USER FEES. (a) A county executive committee
12-7 may impose a user fee on persons who pump water from the Edwards
12-8 Aquifer in the committee's jurisdiction.
12-9 (b) A fee imposed under this section may not be more than
12-10 $50 per acre-foot per year or less than $10 per acre-foot per year.
12-11 (c) A county executive committee that imposes a fee under
12-12 this section shall exempt from that fee two acre-feet per acre per
12-13 year for irrigated agriculture in existence on September 1, 1993.
12-14 (d) Fees collected under this section may be used to secure
12-15 bonds issued under Section 5.03 of this Act.
12-16 SECTION 5.03. BONDS. (a) The authority may issue revenue
12-17 bonds secured by user fees imposed under Section 5.02 of this Act
12-18 if the county executive committee that imposed the fee by
12-19 resolution agrees to that use of fee revenues.
12-20 (b) If the authority does not contract to construct
12-21 augmentation projects under Section 4.02 of this Act before
12-22 November 1, 1994, a county executive committee may issue revenue
12-23 bonds secured by user fees imposed by that committee to the extent
12-24 that the fees are not already committed.
12-25 (c) Proceeds from bonds issued under this section may be
12-26 used only for constructing augmentation and recharge projects in
12-27 the jurisdiction of the entity issuing the bonds.
13-1 (d) The issuing entity by resolution may authorize the
13-2 issuance of revenue bonds in various series or issues. Bonds may
13-3 mature serially or otherwise not more than 40 years from their date
13-4 and shall bear interest at any rate permitted by the constitution
13-5 and laws of the state. The bonds and interest coupons, if any, are
13-6 investment securities under the terms of Chapter 8,
13-7 Business & Commerce Code, and may be issued registrable as to
13-8 principal or as to both principal and interest and may be made
13-9 redeemable before maturity, at the option of the issuing entity, or
13-10 may contain a mandatory redemption provision. The bonds may be
13-11 issued in the form, denominations, and manner and under the terms,
13-12 conditions, and details and shall be signed and executed as
13-13 directed by the issuing entity in the resolution authorizing their
13-14 issuance.
13-15 (e) The resolutions of the issuing entity authorizing the
13-16 issuance of bonds may also prohibit the further issuance of bonds
13-17 or other obligations payable from the pledged revenue or may
13-18 reserve the right to issue additional bonds to be secured by a
13-19 pledge of and payable from the pledged revenue on a parity with or
13-20 subordinate to the lien and pledge in support of the bonds being
13-21 issued.
13-22 (f) The resolutions of the issuing entity authorizing the
13-23 issuance of the bonds may contain other provisions and covenants as
13-24 the issuing entity may determine.
13-25 (g) The issuing entity by resolution may authorize the
13-26 execution or any other proceedings or instruments necessary and
13-27 convenient in the issuance of the bonds.
14-1 (h) The bonds issued under this section must be submitted to
14-2 the attorney general for examination. If the attorney general
14-3 finds that the bonds have been authorized in accordance with law,
14-4 the attorney general shall approve them, and the comptroller shall
14-5 register them. After the approval and registration of bonds, the
14-6 bonds are incontestable in any court or other forum, for any
14-7 reason, and are valid and binding obligations in accordance with
14-8 their terms for all purposes.
14-9 (i) The bonds are legal and authorized investments for:
14-10 (1) banks;
14-11 (2) savings banks;
14-12 (3) trust companies;
14-13 (4) savings and loan associations;
14-14 (5) insurance companies;
14-15 (6) fiduciaries;
14-16 (7) trustees;
14-17 (8) guardians; and
14-18 (9) sinking funds of cities, counties, school
14-19 districts, and other political subdivisions of the state and other
14-20 public funds of the state and its agencies, including the permanent
14-21 school fund.
14-22 (j) The bonds are eligible to secure deposits of public
14-23 funds of the state and cities, counties, school districts, and
14-24 other political subdivisions of the state. The bonds are lawful
14-25 and sufficient security for deposits to the extent of their value
14-26 when accompanied by all unmatured coupons.
14-27 SECTION 5.04. DISPOSITION OF BOND PROCEEDS. (a) Except as
15-1 provided by Subsections (b) and (c) of this section, proceeds from
15-2 the sale of bonds issued under Section 5.03 of this Act, less the
15-3 administrative costs of issuing the bonds, shall be deposited by
15-4 the issuing entity in a special account and used for the
15-5 construction of augmentation projects under Section 4.02 of this
15-6 Act.
15-7 (b) The issuing entity may transfer from the special account
15-8 to the interest and sinking account an amount that, together with
15-9 the accrued interest received, is sufficient to pay interest
15-10 coupons coming due during the fiscal year in which the bonds are
15-11 sold and to establish appropriate reserves.
15-12 (c) Proceeds from the sale of bonds issued under this
15-13 article may be invested in the manner and in the obligations or
15-14 securities specified in the resolution authorizing the bonds or in
15-15 supplemental resolutions of the issuing entity.
15-16 ARTICLE 6. MISCELLANEOUS PROVISIONS
15-17 SECTION 6.01. APPOINTMENTS. (a) If the Uvalde Underground
15-18 Water Conservation District is not validated or created by an Act
15-19 of the 73rd Legislature during its Regular Session, the
15-20 commissioners court of Uvalde County shall appoint three directors
15-21 to the board of directors of the authority, as required by Section
15-22 3.01(b)(5)(B) of this Act, not later than 30 days after the
15-23 effective date of this Act.
15-24 (b) The board of directors of the Medina County Underground
15-25 Water Conservation District shall appoint three directors to the
15-26 board of directors of the authority, as required by Section
15-27 3.01(b)(4) of this Act, not later than 30 days after the effective
16-1 date of this Act.
16-2 SECTION 6.02. TRANSFER OF FUNDS. (a) The Edwards
16-3 Underground Water District shall transfer to a county executive
16-4 committee the committee's proportionate share of the district's
16-5 reserve fund, as required by Section 5.01(a) of this Act, not later
16-6 than 30 days after the creation of the committee.
16-7 (b) A county executive committee shall transfer to the
16-8 authority 25 percent of the county's proportionate share of the
16-9 reserve fund, as required by Section 5.01(b) of this Act, on
16-10 receipt of that share.
16-11 SECTION 6.03. EFFECTIVE DATE. This Act takes effect
16-12 September 1, 1993.
16-13 SECTION 6.04. EMERGENCY. The importance of this legislation
16-14 and the crowded condition of the calendars in both houses create an
16-15 emergency and an imperative public necessity that the
16-16 constitutional rule requiring bills to be read on three several
16-17 days in each house be suspended, and this rule is hereby suspended.