1-1 By: Sims S.B. No. 965 1-2 (In the Senate - Filed March 11, 1993; March 15, 1993, read 1-3 first time and referred to Committee on Natural Resources; 1-4 April 27, 1993, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 8, Nays 0; April 27, 1993, 1-6 sent to printer.) 1-7 COMMITTEE VOTE 1-8 Yea Nay PNV Absent 1-9 Sims x 1-10 Truan x 1-11 Armbrister x 1-12 Barrientos x 1-13 Bivins x 1-14 Brown x 1-15 Carriker x 1-16 Lucio x 1-17 Montford x 1-18 Ratliff x 1-19 Shelley x 1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 965 By: Armbrister 1-21 A BILL TO BE ENTITLED 1-22 AN ACT 1-23 relating to the authority of the Upper Guadalupe River Authority to 1-24 appropriate state water for recharging certain underground fresh 1-25 water bearing sands and aquifers. 1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-27 SECTION 1. Section 16, Chapter 5, page 1062, Special Laws, 1-28 Acts of the 46th Legislature, Regular Session, 1939, is amended by 1-29 adding Subsections (c) and (d) to read as follows: 1-30 (c) As a necessary aid to the conservation, control, 1-31 preservation, and distribution of the water described in Subsection 1-32 (a) of this section for beneficial use, the District shall have the 1-33 right, power, privilege, function, and authority to obtain a permit 1-34 from the Texas Natural Resource Conservation Commission to 1-35 appropriate state water, including the ordinary or normal flow, 1-36 subject to existing water rights, of the Upper Guadalupe River and 1-37 its tributaries within the boundaries of the District for the 1-38 purpose of recharging underground fresh water bearing sands and 1-39 aquifers within the boundaries of the District. The District may 1-40 retrieve water for beneficial use from beneath land owned by the 1-41 District or land owned by a person who has contracted with the 1-42 District for the withdrawal of that water. The District may make 1-43 contracts with municipalities and other persons or entities located 1-44 in Kerr County for the sale of that water. 1-45 (d) State water used to recharge underground fresh water 1-46 bearing sands and aquifers under Subsection (c) of this section 1-47 loses its character as state water and becomes percolating 1-48 groundwater, subject to rules adopted by an underground water 1-49 conservation district having jurisdiction. 1-50 SECTION 2. A reference in this Act to the Texas Natural 1-51 Resource Conservation Commission is a reference to the Texas Water 1-52 Commission or its successor if: 1-53 (1) the change in name of the Texas Water Commission 1-54 to the Texas Natural Resource Conservation Commission does not take 1-55 effect as provided by Section 1.085, Chapter 3, Acts of the 72nd 1-56 Legislature, 1st Called Session, 1991; 1-57 (2) the transfer of the powers, duties, rights, and 1-58 obligations of the Texas Water Commission to the Texas Natural 1-59 Resource Conservation Commission does not take effect as provided 1-60 by Chapter 3, Acts of the 72nd Legislature, 1st Called Session, 1-61 1991; or 1-62 (3) the 73rd Legislature does not pass an Act that 1-63 becomes law and provides for the transfer of certain powers, 1-64 duties, rights, and obligations of the Texas Water Commission to 1-65 the Texas Natural Resource Conservation Commission on or before 1-66 September 1, 1993. 1-67 SECTION 3. The importance of this legislation and the 1-68 crowded condition of the calendars in both houses create an 2-1 emergency and an imperative public necessity that the 2-2 constitutional rule requiring bills to be read on three several 2-3 days in each house be suspended, and this rule is hereby suspended, 2-4 and that this Act take effect and be in force from and after its 2-5 passage, and it is so enacted. 2-6 * * * * * 2-7 Austin, 2-8 Texas 2-9 April 27, 1993 2-10 Hon. Bob Bullock 2-11 President of the Senate 2-12 Sir: 2-13 We, your Committee on Natural Resources to which was referred S.B. 2-14 No. 965, have had the same under consideration, and I am instructed 2-15 to report it back to the Senate with the recommendation that it do 2-16 not pass, but that the Committee Substitute adopted in lieu thereof 2-17 do pass and be printed. 2-18 Sims, 2-19 Chairman 2-20 * * * * * 2-21 WITNESSES 2-22 FOR AGAINST ON 2-23 ___________________________________________________________________ 2-24 Name: Ken Kramer x 2-25 Representing: Sierra Club 2-26 City: Austin 2-27 ------------------------------------------------------------------- 2-28 Name: Bernard W. Bruns x 2-29 Representing: U.G.R.A 2-30 City: Kerrville 2-31 ------------------------------------------------------------------- 2-32 Name: Paul D. Thornhill x 2-33 Representing: U.G.R.A. 2-34 City: Austin 2-35 ------------------------------------------------------------------- 2-36 Name: Ed R. McCarthy x 2-37 Representing: U.G.R.A. 2-38 City: Austin 2-39 -------------------------------------------------------------------