Suspending limitations on conference committee jurisdiction, S.B. 1477. By: Lewis, R. H.R. No. 854 73R11927 JJT-D R E S O L U T I O N 1-1 BE IT RESOLVED by the House of Representatives of the State 1-2 of Texas, That Rule 13, Section 9(a), Rules of the House of 1-3 Representatives, 73rd Legislature, is suspended, as provided by 1-4 House Rule 13, Section 9(f), to the extent described in this 1-5 resolution, to enable the conference committee appointed to adjust 1-6 the differences between the house and senate versions of S.B. No. 1-7 1477, relating to the creation, administration, powers, duties, 1-8 operation, and financing of the Edwards Aquifer Authority and the 1-9 management of the Edwards Aquifer, to successfully conclude the 1-10 committee's deliberations, by authorizing the conferees to consider 1-11 and take action on the following specific matters: 1-12 (1) House Rule 13, Section 9(a)(4), is suspended to permit 1-13 the committee to add the following language in the bill at the end 1-14 of Section 1.08(b) of the bill: 1-15 This subsection is not intended to allow the authority to 1-16 regulate surface water. 1-17 Explanation: The addition is needed to clarify the intent of 1-18 the legislature regarding the authority's powers. 1-19 (2) House Rule 13, Section 9(a)(1), is suspended to permit 1-20 the committee to amend Subdivision (7) of Section 1.09(b) to read 1-21 as follows: 1-22 (7) one person appointed in rotation who is from 1-23 Atascosa, Medina, or Uvalde counties, with that person appointed by 1-24 the governing body of the Evergreen Underground Water District, by 2-1 the Medina Underground Water Conservation District, or by the 2-2 Uvalde County Underground Water Conservation District, with the 2-3 person appointed by the Evergreen Underground Water District 2-4 serving the first term, followed by a person appointed by the 2-5 Medina Underground Water Conservation District to serve the second 2-6 term, followed by a person appointed by the Uvalde County 2-7 Underground Water Conservation District to serve the third term, 2-8 and rotating in that order of appointment for subsequent terms. 2-9 Explanation: The amendment is needed to specify the board 2-10 members who serve in rotation and the method of their appointment. 2-11 (3) House Rule 13, Section 9(a)(1), is suspended to permit 2-12 the committee to amend Section 1.14(d) (House version Section 2-13 1.14(e), Senate version Section 1.15(d)) of the bill to read as 2-14 follows: 2-15 (d) If, through studies and implementation of water 2-16 management strategies, including conservation, springflow 2-17 augmentation, diversions downstream of the springs, reuse, 2-18 supplemental recharge, conjunctive management of surface and 2-19 subsurface water, and drought management plans, the authority 2-20 determines that additional supplies are available from the aquifer, 2-21 the authority, in consultation with appropriate state and federal 2-22 agencies, may review and may increase the maximum amount of 2-23 withdrawals provided by this section and set a different maximum 2-24 amount of withdrawals. 2-25 Explanation: The change is needed to provide that the 2-26 authority may increase but not decrease the maximum amount of 2-27 withdrawals under the section. 3-1 (4) House Rule 13, Section 9(a)(1), is suspended to permit 3-2 the committee to amend Section 1.14(f) (House version Section 3-3 1.14(f), Senate version Section 1.15(e)) of the bill to read as 3-4 follows: 3-5 (f) If the level of the aquifer is equal to or greater than 3-6 650 feet above mean sea level as measured at Well J-17, the 3-7 authority may authorize withdrawal from the San Antonio pool, on an 3-8 uninterruptible basis, of permitted amounts. If the level of the 3-9 aquifer is equal to or greater than 845 feet at Well J-27, the 3-10 authority may authorize withdrawal from the Uvalde pool, on an 3-11 uninterruptible basis, of permitted amounts. The authority shall 3-12 limit the additional withdrawals to ensure that springflows are not 3-13 affected during critical drought conditions. 3-14 Explanation: The change is needed to set the aquifer levels 3-15 at 650 feet at Well J-17 and at 845 feet at Well J-27 and to give 3-16 the authority power to authorize on an uninterruptible basis the 3-17 withdrawal of permitted amounts at the stated levels. 3-18 (5) House Rule 13, Sections 9(a)(1) and (4), are suspended 3-19 to allow the committee to amend Section 1.26(4) (House version 3-20 1.17(4), Senate version 1.27(3)) to read as follows: 3-21 (4) require reduction of nondiscretionary use by 3-22 permitted or contractual users, to the extent further reductions 3-23 are necessary, in the reverse order of the following water use 3-24 preferences: 3-25 (A) municipal, domestic, and livestock; 3-26 (B) industrial and crop irrigation; 3-27 (C) residential landscape irrigation; 4-1 (D) recreational and pleasure; and 4-2 (E) other uses that are authorized by law. 4-3 Explanation: The change is needed to make clear that the 4-4 reduction in nondiscretionary use is required of permitted or 4-5 contractual users. 4-6 (6) House Rule 13, Sections 9(a)(1) and (4), are suspended 4-7 to allow the committee to add new Subsection (b) to Section 1.34 4-8 (House version Section 1.25, Senate version Section 1.35) of the 4-9 bill to read as follows, and to appropriately reletter the 4-10 subsequent subsection: 4-11 (b) The authority by rule may establish a procedure by which 4-12 a person who installs water conservation equipment may sell the 4-13 water conserved. 4-14 Explanation: The change is needed to provide for the sale of 4-15 conserved water by a person who installs conservation equipment.