By:  Hilderbran                                      H.C.R. No. 148
       73R11003 SRD-F
                                 CONCURRENT RESOLUTION
    1-1        WHEREAS, Litigation in Sierra Club v. Lujan, Cause
    1-2  No. MO-91-CA-069 in the United States District Court for the
    1-3  Western District of Texas, Midland/Odessa Division, invites the
    1-4  federal judiciary to utilize the Endangered Species Act as a
    1-5  vehicle to regulate use of water from the Edwards Aquifer; and
    1-6        WHEREAS, The Edwards Aquifer is private property subject to
    1-7  regulation and management pursuant to laws of the State of Texas,
    1-8  and the Texas Legislature is now considering various options for
    1-9  management of the Edwards Aquifer; and
   1-10        WHEREAS, The Texas Water Commission, the Texas Parks and
   1-11  Wildlife Department, and the Texas Department of Agriculture each
   1-12  intervened in said litigation, and have taken different positions
   1-13  on behalf of the state; and
   1-14        WHEREAS, The district court's decision is currently being
   1-15  appealed to the United States Court of Appeals for the Fifth
   1-16  Circuit; now, therefore, be it
   1-17        RESOLVED, That the 73rd Legislature of the State of Texas
   1-18  hereby direct the attorney general of Texas to appear before the
   1-19  Fifth Circuit Court of Appeals on behalf of the entire State of
   1-20  Texas, rather than individual agencies, and to advocate a single
   1-21  position on behalf of the state; and, be it further
   1-22        RESOLVED, That the attorney general be directed to urge the
   1-23  Fifth Circuit Court of Appeals that the Endangered Species Act
   1-24  should not be construed to allow interference with state water
    2-1  resources management decisions, that Edwards Aquifer management
    2-2  decisions should be left to the Texas Legislature, and that the
    2-3  federal courts should follow the policy of the Endangered Species
    2-4  Act declaring, "that federal agencies should cooperate with state
    2-5  and local agencies to resolve water resource issues in concert with
    2-6  conservation of Endangered Species"; and, be it further
    2-7        RESOLVED, That an official copy of this resolution be
    2-8  forwarded to the attorney general of Texas as an official
    2-9  expression of the sentiment of the Legislature of the State of
   2-10  Texas.