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.