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
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2-28 Name: Bernard W. Bruns x
2-29 Representing: U.G.R.A
2-30 City: Kerrville
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2-32 Name: Paul D. Thornhill x
2-33 Representing: U.G.R.A.
2-34 City: Austin
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2-36 Name: Ed R. McCarthy x
2-37 Representing: U.G.R.A.
2-38 City: Austin
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