By: Barrientos S.B. No. 1320 73R1126 E A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation, administration, powers, duties, 1-3 operation, and financing of the Edwards Aquifer Water Resource 1-4 Management Authority and the management of the Edwards Aquifer; 1-5 granting the power of eminent domain; providing civil and criminal 1-6 penalties. 1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-8 SECTION 1. FINDINGS AND DECLARATION OF POLICY. It is hereby 1-9 found that the Edwards Aquifer is a unique and complex hydrological 1-10 system, with diverse economic and social interests dependent upon 1-11 the aquifer for water supply. In order to sustain these diverse 1-12 interests, a special regional management district is required for 1-13 the effective control of the resource to protect terrestrial and 1-14 aquatic life, the operation of existing industries, and the 1-15 economic development of the state; and that use of water in the 1-16 district for beneficial purposes requires that all reasonable 1-17 measures be taken to be conservative in our water use. 1-18 SECTION 2. Creation. (a) A conservation and reclamation 1-19 district, to be known as the Edwards Aquifer Water Resource 1-20 Management Authority, is created in Atascosa, Bexar, Comal, 1-21 Guadalupe, Hays, Kinney, Medina, and Uvalde counties. A 1-22 confirmation election is not necessary. The authority is a 1-23 governmental agency and a body politic and corporate. 1-24 (b) The authority is created under and is essential to 2-1 accomplish the purposes of Article XVI, Section 59, of the Texas 2-2 Constitution. 2-3 SECTION 3. DEFINITIONS. In this Act: 2-4 (1) "Aquifer" means the Edwards Aquifer, which is that 2-5 portion of an arcuate belt of porous, water-bearing, predominately 2-6 carbonate rocks known as the Edwards and Associated Limestones in 2-7 the Balcones Fault Zone extending from west to east to northeast 2-8 from the hydrologic division near Brackettville in Kinney County 2-9 that separates underground flow toward the Comal Springs and San 2-10 Marcos Springs from underground flow to the Rio Grande Basin, 2-11 through Uvalde, Medina, Atascosa, Bexar, Guadalupe, and Comal 2-12 counties, and in Hays County south of the hydrologic division near 2-13 Kyle that separates flow toward the San Marcos River from flow to 2-14 the Colorado River Basin. 2-15 (2) "Authority" means the Edwards Aquifer Water 2-16 Resource Management Authority. 2-17 (3) "Beneficial use" means the use of only that amount 2-18 of water that is reasonable and necessary for a purpose authorized 2-19 by law, when reasonable intelligence and reasonable diligence are 2-20 used in applying the water to that purpose. Water that is wasted 2-21 or inefficiently used because of, but not limited to, inefficient 2-22 withdrawal works or distribution systems, excessive applications, 2-23 excessive or unnecessary evaporation, transpiration, or seepage, 2-24 the discharge or escape of water from a well into a surface stream 2-25 or reservoir for no authorized beneficial purpose, or by pollution 2-26 is not beneficially used. 2-27 (4) "Board" means the board of directors of the 3-1 authority. 3-2 (5) "Commission" means the Texas Water Commission and 3-3 any successor agency. 3-4 (6) "Conservation" means any measure that would 3-5 sustain or enhance water supply. 3-6 (7) "Domestic use" means use of water by a person 3-7 owning the well from which the water is withdrawn and that person's 3-8 household for drinking, washing, or culinary purposes; for 3-9 irrigation of lawns; for irrigation of a family garden or orchard 3-10 the produce of which is for household consumption only; and for 3-11 watering of domestic animals not raised, maintained, or sold for 3-12 commercial purposes. 3-13 (8) "Existing user" or "existing withdrawer" means a 3-14 person that has withdrawn and beneficially used water from the 3-15 Edwards Aquifer on or before September 1, 1993. 3-16 (9) "Industrial use" means the use of water for or in 3-17 connection with commercial or industrial activities, including but 3-18 not limited to, manufacturing, commercial feedlot operations, 3-19 commercial fish production, bottling, brewing, food processing, 3-20 scientific research and technology, recycling, production of 3-21 concrete, asphalt, and cement, cooling-tower heat exchange, 3-22 commercial uses of water for tourism, entertainment, and 3-23 hotel/motel lodging, generation of power other than hydroelectric, 3-24 and other business activities. 3-25 (10) "Irrigation use" means the use of water for the 3-26 irrigation of commercial crops, including orchards, and for 3-27 pastureland. 4-1 (11) "Municipal use" means the use of potable water 4-2 within or without a municipality and its environs whether supplied 4-3 by a person, privately owned utility, political subdivision, or 4-4 other entity, as well as the use of municipal sewage effluent for 4-5 certain purposes specified as follows. It includes the use of 4-6 potable water for domestic purposes, fighting fires, sprinkling 4-7 streets, flushing sewers and drains, water parks and parkways, and 4-8 recreational purposes including public and private swimming pools, 4-9 the use of water in industrial and commercial enterprises supplied 4-10 by a municipal distribution system without special construction to 4-11 meet its demands, and for the watering of lawns and family gardens. 4-12 Municipal use also includes the application of municipal sewage 4-13 effluent upon land sites, pursuant to a permit issued under Article 4-14 26, Water Code, where: 4-15 (A) the primary purpose of the application is 4-16 the treatment or necessary disposal of such effluent; or 4-17 (B) the application site is a park, parkway, 4-18 golf course, or other landscaped area owned by the owner of the 4-19 permitted sewerage system; or 4-20 (C) the effluent applied to such site is 4-21 generated within an area for which the authority has adopted a 4-22 nondischarge rule. 4-23 (12) "Person" means an individual, corporation, 4-24 organization, government or governmental subdivision or agency, 4-25 business trust, estate, trust, partnership, association, and any 4-26 other legal entity. 4-27 (13) "Pollution" means the alteration of the physical, 5-1 thermal, chemical, or biological quality of any water in the state, 5-2 or the contamination of any water in the state, that renders the 5-3 water harmful, detrimental, or injurious to humans, animal life, 5-4 vegetation, property, or public health, safety, or welfare or that 5-5 impairs the usefulness of the public enjoyment of the waters for 5-6 any lawful or reasonable purpose. 5-7 (14) "Reuse" means authorized use for one or more 5-8 beneficial purposes of use of water that remains unconsumed after 5-9 the water is used for the original purpose of use and before the 5-10 water is discharged or otherwise allowed to flow into a 5-11 watercourse, lake, or other body of state-owned water. 5-12 (15) "Waste" means: 5-13 (A) water that is withdrawn from the aquifer and 5-14 not used for a beneficial purpose; 5-15 (B) unreasonable loss of water through faulty 5-16 design or negligent operation of a well or application system; 5-17 (C) use of quantities of water in an amount in 5-18 excess of the amount reasonably necessary to beneficially use the 5-19 water for an authorized purpose; or 5-20 (D) withdrawal of water from the aquifer at a 5-21 rate, in an amount, or in a manner that: 5-22 (i) threatens to cause pollution of the 5-23 aquifer by the intrusion of water or contaminants detrimental to 5-24 any beneficial purpose; or 5-25 (ii) adversely affects surface water 5-26 quality. 5-27 (16) "Well" means a bored, drilled, or driven shaft or 6-1 an artificial opening in the ground made by digging, jetting, or 6-2 some other method where the depth of the shaft or opening is 6-3 greater than its largest surface dimension but does not include a 6-4 surface pit, surface excavation, or natural depression. 6-5 (17) "Withdrawal" means an act or a failure to act 6-6 that results in taking water from the aquifer by or through 6-7 man-made facilities, including pumping, withdrawing, or diverting 6-8 aquifer water. 6-9 (18) "Well J-17" means state well number AY-68-37-203 6-10 located in Bexar County. 6-11 SECTION 4. BOUNDARIES. The authority includes the territory 6-12 contained within the following area: 6-13 (1) all of the areas of Bexar, Comal, Medina, and 6-14 Uvalde counties; 6-15 (2) the part of Kinney County beginning with the west 6-16 corner of the Wm. B. Scates Survey 236, Kinney County, Texas, 6-17 which is also the south corner of the Sam'l. D. Maverick Survey; 6-18 THENCE northeast along the northwest line of said Wm. B. 6-19 Scates Survey to the west corner of the George Weeks Survey 237; 6-20 THENCE northeast along the northwest line of said Survey to 6-21 the north corner of said Survey; 6-22 THENCE continuing in the same line to the north line of 6-23 Survey 936 1/2, which is in the south line of fractional Section 6-24 90, Block 6, I.& G. N. RR. Co. Survey; 6-25 THENCE northwest to the west corner of said fractional 6-26 Section which is in southwest corner of Section 89 of said Block of 6-27 said Survey; 7-1 THENCE north along the west lines of Sections 89, 88, and 87 7-2 of said Block of said Survey to the northwest corner of Section 87; 7-3 THENCE east along the north line of said Section to the 7-4 northeast corner of said Section, which is the southwest corner of 7-5 Section 3 of said Block of said Survey; 7-6 THENCE north along the west line of said Survey to its 7-7 northwest corner; 7-8 THENCE east along the north line of said Survey to its 7-9 northeast corner, which is the southwest corner of Survey 29 of 7-10 Block 6, I. & G. N. RR. Co. Survey; 7-11 THENCE north along the west line of Survey 29 to its 7-12 northwest corner; 7-13 THENCE along the north line of said Survey 29 to its 7-14 northeast corner, which is southwest corner of Survey 31, Block 6, 7-15 I. & G. N. RR. Co. Survey; 7-16 THENCE north along the west line of Survey 31 to its 7-17 northwest corner; 7-18 THENCE east along the north line of said Survey to its 7-19 northeast corner, which is the southwest corner of the Section 34, 7-20 Block 6, I. & G. N. RR. Co. Survey; 7-21 THENCE north along the west line of Section 34 to its 7-22 northwest corner, which is the southwest corner of the David C. 7-23 Lucas Survey 601; 7-24 THENCE north along the west line of said David C. Lucas 7-25 Survey 601, passing the northwest corner of said Survey and 7-26 continuing north along the west line of the Salitha Banks Survey 7-27 602 to its northwest corner; 8-1 THENCE east along its north line to the northeast corner of 8-2 said Survey, which is the southeast corner of the Alexander 8-3 McDonald Survey 606; 8-4 THENCE north along the east line of said Survey to the 8-5 northeast corner which is in the south line of Section 5, Block 1, 8-6 T. C. Ry. Co. Survey; 8-7 THENCE east along the south line of said Section 5 to its 8-8 southeast corner; 8-9 THENCE north along the east line of said Section 5 to the 8-10 northeast corner of said Section, which is the northwest corner of 8-11 Section 6, Block 1, T. C. Ry. Co. Survey; 8-12 THENCE east along the north line of said Section 6 to the 8-13 northeast corner of said Section; 8-14 THENCE continuing in this line through the G. C. & S. F. Ry. 8-15 Co. Survey 813 and the Mrs. F. V. deRubic Survey 987 to the west 8-16 line of the Z. C. Collier Survey 998; 8-17 THENCE north along the west line of said Survey to its 8-18 northwest corner; 8-19 THENCE east along the north line of said Survey to its 8-20 northeast corner and continuing east along a north line of Survey 8-21 550 to an interior corner of said Survey; 8-22 THENCE north along a west line of said Survey to a northwest 8-23 corner of said Survey; 8-24 THENCE east along the north line of said Survey to its 8-25 northeast corner, which is a southeast corner of the G. RR. Co. 8-26 Survey 549; 8-27 THENCE north along an east line of said Survey to an interior 9-1 corner; 9-2 THENCE northeast along an east line of said Survey to a 9-3 northeast corner of said Survey; 9-4 THENCE continuing northeast on the same line to the north 9-5 line of G. C. & S. F. Ry Co. Survey 567; 9-6 THENCE northeast along the north line of the G. C. & S. F. Ry 9-7 Co. Survey 567 to the northeast corner of said Survey, which is in 9-8 the west line of Survey 568; 9-9 THENCE along the west line of said Survey to its northwest 9-10 corner, which is in the south line of the A. & B. Survey 31; 9-11 THENCE northeast along the south line of said Survey to its 9-12 southeast corner; 9-13 THENCE northwest along the east line of said Survey to its 9-14 northeast corner, which is a northwest corner of the G. A. Andrews 9-15 Survey 858; 9-16 THENCE northeast along a north line of said Survey to an 9-17 interior northwest corner of said Survey; 9-18 THENCE northwest along a west line of said Survey to a 9-19 northwest corner of said Survey; 9-20 THENCE northeast along a north line of said Survey to a 9-21 northeast corner of said Survey, which is in the west line of 9-22 Survey 790; 9-23 THENCE northwest along the west line of said Survey to a 9-24 northwest corner of said Survey; 9-25 THENCE northeast along a north line of said Survey to an 9-26 interior corner of said Survey; 9-27 THENCE continuing northeast in the same line to the west line 10-1 of the G. C. & S. F. Ry. Co. Survey 789; 10-2 THENCE northwest along the west line of said Survey to its 10-3 northwest corner; 10-4 THENCE northeast along the north line of said Survey to its 10-5 northeast corner, which is an interior corner of the W. W. Blanton 10-6 Survey 803; 10-7 THENCE southeast along a south line of said Survey to a 10-8 southeast corner of said Survey; 10-9 THENCE northeast along an east line of said Survey to an 10-10 interior corner of said W. W. Blanton Survey 803; 10-11 THENCE east along a south line of said Survey to a southeast 10-12 corner of said Survey; 10-13 THENCE northwest along an east line of said Survey to a 10-14 northeast corner of said Survey, which is in the south line of the 10-15 T. C. Ry. Co. Survey 795; 10-16 THENCE northeast along the south line of said Survey to its 10-17 east corner, which is an interior corner of the T. A. J. Childress 10-18 Survey 857; 10-19 THENCE northwest along a west line of said T. A. J. Childress 10-20 Survey 857 to a northwest corner of said Survey; 10-21 THENCE northeast along a north line of said Survey to an 10-22 interior corner of said Survey; 10-23 THENCE north along a west line of said Survey to a northwest 10-24 corner of said Survey; 10-25 THENCE east along a north line of said Survey to its 10-26 northeast corner, which is in the west line of the Solomon Rugle 10-27 Survey 977; 11-1 THENCE continuing in the same line to the east line of said 11-2 Solomon Rugle Survey 977, which is in the west line of Survey 800; 11-3 THENCE north along the west line of said Survey to its 11-4 northwest corner; 11-5 THENCE east along the north line of said Survey to its 11-6 northeast corner, which is the northwest corner of Survey 799; 11-7 THENCE east along the north line of said Survey to the 11-8 Kinney-Uvalde County line; 11-9 THENCE south along said county line to the south line of 11-10 Survey 799, which is in the north line of Survey 442; 11-11 (3) the part of Hays County beginning on the northwest 11-12 line of the R. B. Moore Survey, Abstract 412, in Comal County 11-13 where it crosses the Comal County-Hays County line northeast along 11-14 the northwest line of said Survey to the northeast corner of said 11-15 Survey in Hays County, Texas; 11-16 THENCE southeast in Hays County, Texas across the Jas. 11-17 Deloach Survey, Abstract 878, to the most westerly northwest corner 11-18 of the Presidio Irrigation Co. Survey, Abstract 583; 11-19 THENCE northeast along the northwest line of said Survey to 11-20 its most northerly northwest corner; 11-21 THENCE continuing in the same line across the R.S. Clayton 11-22 Survey 2, Block 742, to the west line of the H. & G. N. RR. Co. 11-23 Survey 1, Abstract 668; 11-24 THENCE north along the west line of said Survey to its 11-25 northwest corner; 11-26 THENCE east along the north line of said Survey to its 11-27 northeast corner; 12-1 THENCE northeast across the David Wilson Survey 83, Abstract 12-2 476, to the southeast corner of the F. W. Robertson Survey 71, 12-3 Abstract 385; 12-4 THENCE north along the east line of said Survey to the 12-5 southwest corner of the Benjamin Weed Survey 72, Abstract 483; 12-6 THENCE east along the south line of said Survey to its 12-7 southeast corner; 12-8 THENCE northeast across the William Gray Survey 73, Abstract 12-9 92, and the Murray Bailey Survey 75, Abstract 42, to the southwest 12-10 corner of the D.Holderman Survey 33, Abstract 225; 12-11 THENCE north along the west line of said Survey to its 12-12 northwest corner; 12-13 THENCE continuing in the same line to the north line of the 12-14 Day Land & Cattle Co. Survey 672; 12-15 THENCE west along said north line of said Survey to its 12-16 northwest corner, which is in the east line of the Jesse Williams 12-17 Survey 4 to the northeast corner of said Survey; 12-18 THENCE west along the north line of said Survey to the 12-19 Southwest corner of the Amos Singleton Survey 106, Abstract 410; 12-20 THENCE north along the west lines of said Amos Singleton 12-21 Survey 106 and the Watkins Nobles Survey 107, Abstract 346, to the 12-22 northwest corner of said Watkins Nobles Survey 107; 12-23 THENCE east along the north line of said Survey to the 12-24 southwest corner of the Jesusa Perez Survey 14, Abstract 363; 12-25 THENCE north along the west line of said Jesusa Perez Survey 12-26 14 to its northwest corner; 12-27 THENCE east along the north line of said Survey to its 13-1 northeast corner; 13-2 THENCE, south along the east line of said Survey for a 13-3 distance of approximately 10,000 feet to its intersection with 13-4 Ranch Road 150; 13-5 THENCE, east by southeast along Ranch Road 150 approximately 13-6 24,500 feet to its intersection with the southern boundary line of 13-7 the Andrew Dunn Survey 9, Abstract 4; 13-8 THENCE, east along the south line of said survey as it 13-9 extends and becomes the southern boundary line of the Morton M. 13-10 McCarver Survey 4, Abstract 10, for a distance of approximately 13-11 7,000 feet to its intersection with Ranch Road 2770; 13-12 THENCE, south on Ranch Road 2770 for a distance of 13-13 approximately 400 feet to its intersection with FM 171; 13-14 THENCE, east along FM 171 for a distance of approximately 13-15 10,500 feet to its intersection with FM 25; 13-16 THENCE, north by northeast along FM 25 for a distance of 13-17 approximately 3,100 feet to its intersection with FM 131; 13-18 THENCE, east by southeast along FM 131 for a distance of 13-19 approximately 3,000 feet to its intersection with the east line of 13-20 the Thomas G. Allen Survey, Abstract 26; 13-21 THENCE south along the east line of said Thomas G. Allen 13-22 Survey to the most northerly northwest corner of the Elisha Pruett 13-23 Survey 23, Abstract 376; 13-24 THENCE southwest along a west line of said Elisha Pruett 13-25 Survey 23 to the west corner of said Survey; 13-26 THENCE southeast along the southwest line of said Survey to 13-27 the north corner of the John Stewart Survey; Abstract 14; 14-1 THENCE southwest along the northwest line of said John 14-2 Stewart Survey to its west corner; 14-3 THENCE continuing in the same line to the most northerly 14-4 southwest line of the John Jones Survey, Abstract 263; 14-5 THENCE southeast along said southwest line to an interior 14-6 corner of said John Jones Survey; 14-7 THENCE southwest along the most southerly northwest line of 14-8 said Survey to the southwest corner of said Survey; 14-9 THENCE southeast along the south line of said Survey to the 14-10 north corner of the James W. Williams Survey 11, Abstract 473; 14-11 THENCE southwest along the northwest line of said James W. 14-12 Williams Survey 11 to its west corner; 14-13 THENCE southeast along the southwest line of said Survey to 14-14 the north right-of-way line of the I. & G. N. RR; 14-15 THENCE southwest along said right-of-way of said I. & G. N. 14-16 RR. to the Hays County-Comal County line; 14-17 THENCE south along said county line to the center line of the 14-18 San Antonio and Nacogdoches Road; 14-19 (4) the part of Guadalupe County beginning at the 14-20 Guadalupe County-Caldwell County-Hays County-Comal County line at 14-21 the San Marcos River in the northwest corner of Guadalupe County, 14-22 Texas; 14-23 THENCE southeast along the Guadalupe County-Hays County line 14-24 to the intersect of the Guadalupe County-Hays County-Comal County 14-25 line; 14-26 THENCE southeast along the Guadalupe County-Comal County line 14-27 to the intersect of the Guadalupe County-Comal County-Bexar County 15-1 intersect at the Cibolo Creek; 15-2 THENCE south along the Guadalupe County-Bexar County line 15-3 along the Cibolo Creek to the intersect of the Guadalupe 15-4 County-Bexar County-Wilson County line; 15-5 THENCE south along the Guadalupe County-Wilson County line 15-6 along the Cibolo Creek to the intersect and crossing of Guadalupe 15-7 County road number 417; 15-8 THENCE east along Guadalupe County road number 417 to the 15-9 intersect of Guadalupe County road number 417 and Guadalupe County 15-10 road number 412; 15-11 THENCE northeast along Guadalupe County Road number 412 to 15-12 the intersect of Guadalupe County road number 42 and Guadalupe 15-13 County road number 411 A; 15-14 THENCE east along Guadalupe County road number 411 A to the 15-15 intersect of Guadalupe County road number 411 A and Farm to Market 15-16 road number 725; 15-17 THENCE north along Farm to Market road number 725 to the 15-18 intersect of Farm to Market road number 725 and Interstate Highway 15-19 number 10; 15-20 THENCE east along Interstate Highway number 10 to the 15-21 intersect of Interstate Highway number 10 and State Highway number 15-22 90; 15-23 THENCE east along Sate Highway number 90 to the Guadalupe 15-24 County-Caldwell County line at the San Marcos river; 15-25 THENCE northwest along the Guadalupe County-Caldwell County 15-26 line along the San Marcos river to the place of beginning; and 15-27 (5) the part of Atascosa County beginning on the north 16-1 line of the Robt. C. Rogers Survey, at the Bexar County-Atascosa 16-2 County line, to its northwest corner, which is the northeast corner 16-3 of the F. Brockinzen Survey, Abstract 86; 16-4 THENCE south along the east line of said Survey passing 16-5 through its southeast corner and continuing south along the east 16-6 line of the F. Brockinzen Survey, Abstract 90, to its southeast 16-7 corner; 16-8 THENCE west along the south line of said survey to its 16-9 southwest corner; 16-10 THENCE north along the west line of said F. Brockinzen Survey 16-11 to the southeast corner of the B. Bonngartner Survey, Abstract 87; 16-12 THENCE west along the south line of said B. Bonngartner 16-13 Survey passing through its southwest corner and continuing along 16-14 the south line of the J. B. Goettlemann Survey, Abstract 309, to 16-15 the Atascosa County-Medina County line. 16-16 SECTION 5. FINDINGS RELATING TO BOUNDARIES. The legislature 16-17 finds that the boundaries and field notes of the authority form a 16-18 closure. A mistake in the field notes or in copying the field 16-19 notes in the legislative process does not affect the organization, 16-20 existence, or validity of the district or the legality or operation 16-21 of the district or its governing body. 16-22 SECTION 6. FINDING OF BENEFIT. (a) The legislature finds 16-23 that the water in the unique underground system of water-bearing 16-24 formations known as the Edwards-Balcones Fault Zone Aquifer has a 16-25 hydrologic interrelationship to the Guadalupe, San Antonio, and 16-26 Nueces River Basins, is the primary source of water for the people 16-27 who reside within the region, and is vital to the general economy 17-1 and welfare of this state. The continuous and sustained withdrawal 17-2 of groundwater from the Edwards Aquifer at current or greater 17-3 levels may result in damage to the Edwards Aquifer, the Comal and 17-4 San Marcos Springs, and the general economy and welfare of this 17-5 state. There is currently no effective, consistent, or 17-6 comprehensive regulation of the withdrawal and use of groundwater 17-7 from the Edwards Aquifer and the withdrawal and use of that 17-8 groundwater will continue to increase unless and until effective 17-9 regulation is implemented. Thus, the legislature finds that it is 17-10 necessary and appropriate and a benefit to the welfare of this 17-11 state to provide for the recognition and limitation of rights to 17-12 withdraw groundwater from the Edwards Aquifer, through the 17-13 application of management mechanisms appropriate to that unique 17-14 system. 17-15 (b) The legislature further finds that all of the land and 17-16 other property included within the boundaries of the authority will 17-17 be benefitted by exercise of the powers of the authority and by the 17-18 works and projects that are to be accomplished by the authority 17-19 under powers conferred by Article XVI, Section 59, of the Texas 17-20 Constitution. The authority is created to serve a public use and 17-21 benefit. 17-22 SECTION 7. GENERAL POWERS. (a) The authority has all of 17-23 the rights, powers, privileges, authority, functions, and duties 17-24 provided by the general law of this state, including Chapters 50 17-25 and 52, Water Code, applicable to an authority created under 17-26 Article XVI, Section 59, of the Texas Constitution. This Act 17-27 prevails over any provision of general law that is in conflict or 18-1 inconsistent with this Act with regards to the territory. 18-2 (b) The rights, powers, privileges, authority, functions, 18-3 and duties of the authority are subject to the continuing right of 18-4 supervision of the state to be exercised by and through the Texas 18-5 Water Commission. 18-6 SECTION 8. BOARD OF DIRECTORS AND ADVISORY 18-7 COMMITTEE: COMPOSITION. (a) The authority is governed by a board 18-8 of nine directors appointed by the governor with the advice and 18-9 consent of the senate. 18-10 (b) Board members shall be residents of or qualified voters 18-11 in a county all or part of which is included within the boundaries 18-12 of the authority. 18-13 (c) The board consists of: 18-14 (1) two persons appointed by the city of San Antonio; 18-15 (2) one person appointed by the Commissioners Court of 18-16 Bexar County to represent cities other than San Antonio and 18-17 agricultural interests; 18-18 (3) one person appointed by the city of New Braunfels; 18-19 (4) one person appointed by the city of San Marcos; 18-20 (5) one person appointed by the Commissioners Court of 18-21 Uvalde County; 18-22 (6) one person appointed by the Commissioners Court of 18-23 Medina County; 18-24 (7) one person appointed alternatively by the 18-25 Commissioners Courts of Kinney and Atascosa counties; and 18-26 (8) one person appointed jointly by the Commissioners 18-27 Courts of Comal, Guadalupe, and Hays counties. 19-1 (d) At the initial meeting of the board and at the first 19-2 meeting after new board members take office, the members shall 19-3 select one member to serve as presiding officer. 19-4 (e) An official act of the board is not valid without the 19-5 affirmative vote of a majority of the members of the board. 19-6 (f) Board members receive no compensation for service on the 19-7 board but are entitled to reimbursement for actual and necessary 19-8 expenses incurred in the performance of their duties. 19-9 (g) Board members shall hold office until a successor has 19-10 been selected and approved and has qualified by taking the oath of 19-11 office. 19-12 (h) A person appointed to fill a vacancy on the board shall 19-13 represent the same county or interest that the person who vacates 19-14 the position represents and shall serve for the unexpired term of 19-15 the member in whose place the person is appointed. 19-16 (i) The board shall appoint an advisory committee to advise 19-17 the board on downstream water rights and issues. That advisory 19-18 committee shall consist of one person from each of the following 19-19 counties: 19-20 (1) Caldwell; 19-21 (2) Calhoun; 19-22 (3) Comal; 19-23 (4) DeWitt; 19-24 (5) Goliad; 19-25 (6) Gonzales; 19-26 (7) Guadalupe; 19-27 (8) Hays; 20-1 (9) Karnes; 20-2 (10) Refugio; 20-3 (11) Victoria; and 20-4 (12) Wilson. 20-5 SECTION 9. GENERAL POWERS AND DUTIES OF AUTHORITY. (a) The 20-6 authority shall adopt rules necessary to carry out its powers and 20-7 duties under this Act, including rules governing its procedures. 20-8 (b) The authority may issue orders to enforce this Act or 20-9 its rules. 20-10 (c) The authority may: 20-11 (1) issue or administer grants, loans, or other 20-12 financial assistance to water users for water conservation and 20-13 water reuse; 20-14 (2) enter into contracts; 20-15 (3) sue and be sued in its own name; 20-16 (4) receive gifts, grants, awards, and loans for use 20-17 in carrying out its powers and duties; 20-18 (5) hire an executive director who will be the chief 20-19 administrator of the authority and other employees as necessary to 20-20 carry out its powers and duties; 20-21 (6) delegate the power to hire employees to the 20-22 executive director of the authority; 20-23 (7) own real and personal property; 20-24 (8) close abandoned, wasteful, or dangerous wells; and 20-25 (9) hold permits under federal law pertaining to the 20-26 Endangered Species Act. 20-27 (d) The authority shall continue existing research on the 21-1 technological feasibility of springflow enhancement, yield 21-2 enhancement, and other authorized purposes. 21-3 (e) The authority may contract with users to construct, 21-4 operate, own, and maintain water supply facilities. Management or 21-5 special fees may not be used for purchasing or operating these 21-6 facilities. 21-7 (f) The authority shall ensure compliance with permit, 21-8 metering, and reporting requirements and shall regulate permits. 21-9 (g) The authority has the power of eminent domain. 21-10 (h) The authority is subject to the open meetings law, 21-11 Chapter 271, Acts of the 60th Legislature, Regular Session, 1967 21-12 (Article 6252-17, Vernon's Texas Civil Statutes), the open records 21-13 law, Chapter 424, Acts of the 63rd Legislature, Regular Session, 21-14 1973 (Article 6252-17a, Vernon's Texas Civil Statutes), and the 21-15 Administrative Procedure and Texas Register Act (Article 6252-13a, 21-16 Vernon's Texas Civil Statutes), and their subsequent amendments. 21-17 (i) The authority is subject to review under the Texas 21-18 Sunset Act (Chapter 325, Government Code) and its subsequent 21-19 amendments but may be abolished only by a direct action of the 21-20 legislature. 21-21 SECTION 10. WATER QUALITY. With the approval of the 21-22 commission, the authority may enforce rules adopted by the 21-23 commission to protect and enhance the quality of water in the 21-24 aquifer. 21-25 SECTION 11. WITHDRAWALS. (a) Total permitted 21-26 authorizations to withdraw water from the aquifer, and all 21-27 authorizations and rights to make such withdrawals pursuant to this 22-1 Act, shall be limited in accordance with this section in order to 22-2 protect the water quality of the aquifer, protect the water quality 22-3 of the surface streams to which the aquifer provides significant 22-4 springflow, achieve water conservation, maximize the beneficial use 22-5 of water available for withdrawal from the aquifer, protect aquatic 22-6 and wildlife habitat, and provide for instream uses and bays and 22-7 estuaries. 22-8 (b) Except as provided by Subsections (d) and (e) of this 22-9 section and Section 22 of this Act, for the period ending December 22-10 31, 2007, the total permitted amount of withdrawals from the 22-11 aquifer shall not exceed 450,000 acre-feet of water per calendar 22-12 year. 22-13 (c) Except as provided by Subsections (d) and (e) of this 22-14 section and Section 22 of this Act, for the period beginning 22-15 January 1, 2008, the total permitted amount of withdrawals from the 22-16 aquifer shall not exceed 400,000 acre-feet of water per calendar 22-17 year. 22-18 (d) If, through studies of such water management strategies 22-19 as springflow augmentation, downstream diversions of the springs, 22-20 supplemental recharge, conjunctive management of surface and 22-21 subsurface water, and other strategies to optimize the yield of the 22-22 aquifer, it is determined that additional supplies are available 22-23 from the aquifer, the authority, with approval of the commission 22-24 and in consultation with appropriate federal agencies, may review 22-25 and increase the limitations established by these rules and allow 22-26 an additional amount of permitted withdrawals. 22-27 (e) When the level of the aquifer is equal to or greater 23-1 than 665 feet above mean sea level as measured at the J-17 index 23-2 well, the authority may authorize the withdrawal, on an 23-3 interruptible basis, of additional amounts above the limitations 23-4 contained in Subsections (b), (c), and (d) of this section. Such 23-5 additional withdrawals shall be limited to ensure that springflows 23-6 are not affected during critical drought conditions. 23-7 SECTION 12. PERMIT REQUIRED. (a) The authority shall 23-8 manage withdrawals from the aquifer and shall manage all withdrawal 23-9 points from the aquifer. 23-10 (b) Except as provided by Sections 14 and 29 of this Act, no 23-11 person may withdraw any water from the Edwards Aquifer or begin 23-12 construction of any well or other works designed for the withdrawal 23-13 of water from the aquifer without obtaining a permit from the 23-14 authority. 23-15 (c) The authority may issue regular permits, term permits, 23-16 and emergency permits. 23-17 (d) Each permit shall specify the maximum rate and total 23-18 volume of water that the water user may withdraw in a calendar 23-19 year. 23-20 SECTION 13. INITIAL REGULAR PERMITS. (a) The authority 23-21 shall, by rule, establish a program for issuing regular permits to 23-22 all nonexempt existing users of the aquifer. 23-23 (b) The authority shall require all existing users, other 23-24 than owners of domestic and livestock wells in accordance with 23-25 Section 29 of this Act, to submit declarations of historical use 23-26 documenting actual historical use by March 1, 1994, during the 23-27 period beginning January 1, 1982, and ending December 31, 1993. A 24-1 declaration of historical use shall constitute an application for a 24-2 permit if all necessary application fees are subsequently and 24-3 timely submitted. Failure to file on a timely basis a declaration 24-4 of historical use shall result in termination of the interim 24-5 authorization granted in Section 14 of this Act. 24-6 (c) For existing users who timely file declarations of 24-7 historical use as required by the authority and who establish, by 24-8 convincing evidence, beneficial use of waters of the aquifer 24-9 without waste, the authority shall grant a regular permit, to the 24-10 extent water is available for permitting, for an annual amount of 24-11 water equivalent to the maximum beneficial use of water without 24-12 waste during any one calendar year of the historical period. If 24-13 the total amount of water determined to have been beneficially used 24-14 without waste under this subsection exceeds the amount of water 24-15 available for permitting, the authority shall adjust claims to meet 24-16 the amount available for permitting, provided that no existing user 24-17 who has operated a well for three or more years during the 24-18 historical period shall receive a regular permit for less than the 24-19 average amount of water withdrawn during the historical period. 24-20 (d) Regular permits shall be issued without a term and shall 24-21 remain in effect until the permit is abandoned, cancelled, or 24-22 retired. 24-23 SECTION 14. INTERIM AUTHORIZATION. (a) A person owning a 24-24 producing well that withdraws water from the aquifer on the 24-25 effective date of this Act may continue to withdraw and 24-26 beneficially use water without waste pending final action on 24-27 permits by the authority, if: 25-1 (1) the well is in compliance with all statutes and 25-2 rules relating to well construction, approval, location, spacing, 25-3 and operation; and 25-4 (2) the person files a declaration of historical use 25-5 as required by the authority. 25-6 (b) Use under interim authorization may not exceed on an 25-7 annual basis the historical, maximum, beneficial use of water 25-8 without waste during any one calendar year as evidenced by the 25-9 person's declaration of historical use, unless such amount is 25-10 otherwise determined by the authority. 25-11 (c) Use under this section is subject to a demand management 25-12 plan and other rules promulgated by the authority. 25-13 (d) Interim authorization under this section terminates upon 25-14 entry of a final and appealable order by the authority acting upon 25-15 the application for permit for a well. 25-16 SECTION 15. ADDITIONAL REGULAR PERMITS. (a) To the extent 25-17 water is available for permitting after the issuance of permits to 25-18 existing users, the authority may issue additional regular permits, 25-19 subject to limits established in Section 10 of this Act on the 25-20 total amount of permitted withdrawals. 25-21 (b) The authority shall not consider or take action on any 25-22 application relating to any proposed or existing well of which 25-23 there is no evidence of actual beneficial use prior to December 31, 25-24 1993, until a final determination has been made on all applications 25-25 submitted on or before the initial application date of March 1, 25-26 1994. 25-27 SECTION 16. TERM PERMITS. (a) Term permits authorize a 26-1 person to withdraw water from the aquifer only when the level of 26-2 the aquifer, as measured at well J-17, is higher than 665 feet 26-3 above mean sea level. 26-4 (b) A term permit may be issued for whatever period the 26-5 authority deems feasible, but may not be issued for a period of 26-6 more than 10 years. 26-7 (c) The maximum total volume of annual withdrawals 26-8 authorized by all term permits combined may not exceed 88,000 26-9 acre-feet per year. 26-10 SECTION 17. EMERGENCY PERMITS. (a) Emergency permits may 26-11 be issued only to prevent the loss of life or to prevent severe, 26-12 imminent threats to the public health or safety. 26-13 (b) The maximum term of an emergency permit is 30 days. 26-14 (c) The holder of an emergency permit may withdraw water 26-15 from the aquifer without regard to its effect on other permit 26-16 holders. 26-17 SECTION 18. CONSERVATION AND REUSE PLANS. (a) The 26-18 authority shall require holders of regular permits and holders of 26-19 term permits to submit water conservation and reuse plans for 26-20 review and approval by the authority. 26-21 (b) The authority shall prepare and update biennially 26-22 enforceable and effective conservation and reuse plans as required 26-23 by this Act. Not later than September 1, 1995, the authority shall 26-24 submit a plan to the Texas Natural Resource Conservation 26-25 Commission. 26-26 SECTION 19. GRANTS. The authority may issue grants or loans 26-27 to finance the purchase and installation of equipment or 27-1 facilities. If the authority issues a grant for a water 27-2 conservation, reuse, or water management project, the beneficiary 27-3 shall negotiate for transfer to the authority rights to aquifer 27-4 water conserved by the project. 27-5 SECTION 20. PERMIT RETIREMENT. (a) The authority shall 27-6 prepare and implement a plan for reducing the maximum annual volume 27-7 of water authorized to be withdrawn under regular permit from the 27-8 aquifer from 450,000 acre-feet per year to 400,000 acre-feet per 27-9 year by January 1, 2008. 27-10 (b) The plan must be enforceable and must include water 27-11 conservation and reuse measures, measures to retire water rights, 27-12 and other water management measures designed to achieve the 27-13 reduction levels. 27-14 (c) The reductions provided for in the plan shall be 27-15 financed by special fees assessed on aquifer and downstream water 27-16 rights under Section 25 of this Act. 27-17 (d) If the overall volume of water authorized to be 27-18 withdrawn from the aquifer pursuant to regular permits is greater 27-19 than 400,000 acre-feet per year on or after January 1, 2008, the 27-20 maximum authorized withdrawal of each regular permit shall be 27-21 immediately reduced by an equal percentage as is necessary to 27-22 reduce overall maximum demand to 400,000 acre-feet per year. The 27-23 amount reduced may be restored, in whole or in part, as other 27-24 appropriate measures are implemented that maintain overall demand 27-25 at or below 400,000 acre-feet per year. 27-26 SECTION 21. ACQUISITION OF RIGHTS. The authority may 27-27 acquire permitted rights to use water from the aquifer for the 28-1 purposes of: 28-2 (1) holding those rights in trust for sale or transfer 28-3 of the water or the rights to persons within the authority's 28-4 jurisdiction who may use water from the aquifer; 28-5 (2) holding those rights in trust as a means of 28-6 managing overall demand on the aquifer; 28-7 (3) holding those rights for resale or retirement as a 28-8 means of complying with pumping reduction requirements under this 28-9 Act; or 28-10 (4) retiring those rights, including those rights 28-11 already permitted. 28-12 SECTION 22. DEMAND MANAGEMENT PLAN. The authority shall 28-13 prepare and, after commission approval, implement plans that 28-14 provide for demand management. The first phase of the plan should 28-15 be implemented when the water level in the aquifer, as determined 28-16 by the authority and measured at well J-17, is at 649 feet above 28-17 mean sea level. The plan must reduce permitted withdrawals from 28-18 the aquifer to 350,000 acre-feet during any 12-month period that 28-19 the aquifer level is at or below 625 feet mean sea level at well 28-20 J-17. The demand mechanisms must: 28-21 (1) distinguish between discretionary use and 28-22 nondiscretionary use for each permittee; 28-23 (2) require reductions, to the maximum extent 28-24 feasible, of all discretionary use; and 28-25 (3) require reduction of nondiscretionary use, to the 28-26 extent further reductions are necessary, in the reverse order of 28-27 the following water use preferences: 29-1 (A) domestic and municipal; 29-2 (B) industrial; 29-3 (C) irrigation; 29-4 (D) recreational and pleasure; and 29-5 (E) other reasonable and necessary uses that are 29-6 for a purpose authorized by law or by the commission. 29-7 SECTION 23. RESEARCH. (a) The authority may conduct 29-8 research on springflow and springflow augmentation, recharge 29-9 enhancement, water conservation, and other water management 29-10 measures to facilitate compliance with the aquifer pumping 29-11 reduction requirements of this Act. 29-12 (b) The authority may conduct research to help: 29-13 (1) manage water resources, including water 29-14 conservation, water use and reuse, and drought management measures; 29-15 (2) augment the flow into and out of the aquifer; 29-16 (3) develop alternative supplies of water for users; 29-17 and 29-18 (4) monitor and protect water quality. 29-19 (c) The authority may contract with other persons to conduct 29-20 research. 29-21 SECTION 24. BONDS; TAXES. (a) The authority may issue 29-22 revenue bonds to finance the purchase of land and facilities and 29-23 the installation of equipment for water conservation, water reuse, 29-24 or other water management measures by water users. 29-25 (b) Revenue bond proceeds may also be used: 29-26 (1) for springflow augmentation or alternative water 29-27 supplies; 30-1 (2) to provide financing for retiring water rights; 30-2 and 30-3 (3) for financial assistance for research or 30-4 conservation under this Act. 30-5 (c) Revenue bond proceeds may not be used for maintenance or 30-6 operating expenses. 30-7 (d) The authority may not levy a property tax. 30-8 SECTION 25. FEES. (a) The authority shall assess aquifer 30-9 management fees based on permitted aquifer rights to finance its 30-10 administrative expenses and programs authorized under this Act. 30-11 The authority shall also assess a special fee based on permitted 30-12 aquifer rights to be used only to finance the retirement of rights 30-13 necessary to meet the goals required by Section 20 of this Act. 30-14 The authority shall set the special fees on permitted aquifer users 30-15 at a level sufficient to match the funds raised from the assessment 30-16 of special fees on downstream water rights holders. 30-17 (b) The commission shall assess special fees on all 30-18 downstream consumptive and nonconsumptive water rights holders in 30-19 the Guadalupe River Basin to be used solely to finance the 30-20 retirement of aquifer rights. Fees assessed by the authority under 30-21 this subsection shall not be assessed on contractual deliveries of 30-22 water stored upstream of San Marcos or Comal Springs that may be 30-23 diverted downstream of the springs. Any person or entity making a 30-24 contractual sale of water stored upstream of the springs may not 30-25 establish a systemwide rate that requires purchasers of 30-26 upstream-stored water to pay the special fee assessed under this 30-27 subsection. 31-1 (c) In developing a fee structure to support authority 31-2 operations and the retirement of aquifer rights, the authority may 31-3 establish different fees on a per acre-foot basis for different 31-4 types of use. The fees shall be equitable between types of uses. 31-5 (d) The authority shall impose permit application fees 31-6 sufficient to cover the costs of processing applications. 31-7 (e) The authority may assess a surcharge fee as a penalty 31-8 for a permittee's usage in excess of permitted amounts. 31-9 SECTION 26. RIVER DIVERSIONS. Any well permit holder may 31-10 withdraw a portion of the water from a diversion point in the 31-11 Guadalupe River past a point where the river emerges from a spring. 31-12 Rights transferred under this section are senior and superior to 31-13 all other rights in the Guadalupe River Basin. 31-14 SECTION 27. MEASURING DEVICES. The owner of a nonexempt 31-15 well that withdraws water from the aquifer shall install and 31-16 maintain a measuring device approved by the authority designed to 31-17 indicate the flow rate and cumulative amount of water withdrawn by 31-18 that well. This requirement may be waived by the authority upon 31-19 written request by a well owner to use an alternative method of 31-20 determining the amount of water withdrawn. 31-21 SECTION 28. REPORTS. Not later than March 1 of each year, 31-22 each holder of a permit shall file with the authority a written 31-23 report of water use for the preceding calendar year on a form 31-24 prescribed by the authority. 31-25 SECTION 29. WELL PERMIT EXEMPTION. (a) A well that 31-26 produces 25,000 gallons or less of water per day for domestic use 31-27 or for the open-range watering of livestock connected with farming, 32-1 ranching, or dairy enterprises is exempt from permitting 32-2 requirements. 32-3 (b) Exempt wells must register with the authority. 32-4 SECTION 30. TRANSFER OF RIGHTS. (a) Permitted aquifer 32-5 water rights are marketable and transferrable only if the permitted 32-6 water withdrawn is used within the boundaries of the authority. 32-7 (b) Each permit holder shall notify the authority of a 32-8 change in name or mailing address or any transfer of a permit or 32-9 well covered by a permit. 32-10 SECTION 31. PROHIBITIONS. (a) The commission may not issue 32-11 additional regular permits to divert surface water from the 32-12 contributing zone of the aquifer except for the purpose of 32-13 recharging the aquifer. 32-14 (b) A person may not withdraw water from the aquifer except 32-15 as authorized by a permit issued by the authority. 32-16 (c) A person holding a permit from the authority may not 32-17 violate the terms or conditions of the permit. 32-18 (d) A person may not waste water withdrawn from the aquifer. 32-19 (e) A person may not pollute or contribute to the pollution 32-20 of the aquifer. 32-21 (f) A person may not violate this Act or a rule of the 32-22 authority adopted under this Act. 32-23 SECTION 32. ENFORCEMENT. (a) The authority may enter 32-24 orders to enforce the terms and conditions of permits, orders, or 32-25 rules issued or adopted under this Act. 32-26 (b) After a hearing, the authority may assess administrative 32-27 penalties of not less than $100 or more than $1,000 for each 33-1 violation and for each day of violation against a person found to 33-2 have violated this Act or an order or rule of the authority issued 33-3 or adopted under this Act. 33-4 (c) The authority or any affected person may file a civil 33-5 action in state district court to obtain injunctive relief to 33-6 enforce the terms and conditions of a permit, order, or rule of the 33-7 authority issued or adopted under this Act. If the court 33-8 determines that a person has violated or threatens to violate a 33-9 permit, order, or rule issued or adopted under this Act, the court 33-10 may enter an injunction to enforce the permit, order, or rule. 33-11 (d) The Texas Natural Resource Conservation Commission may 33-12 file a civil action in state district court to enforce the terms 33-13 and conditions of permits, orders, or rules of the commission or 33-14 authority issued or adopted under this Act. The Texas Natural 33-15 Resource Conservation Commission may file a civil action seeking an 33-16 order of mandamus against the authority to compel the authority to 33-17 perform its duties under this Act or to compel the authority to 33-18 enforce this Act against a violator. The Texas Natural Resource 33-19 Conservation Commission may recover attorney's fees from the 33-20 authority. 33-21 (e) The commission or authority may file a civil action in 33-22 state district court seeking civil penalties for a violation of 33-23 this Act. The commission or authority may recover attorney's fees 33-24 and a civil penalty of not less than $100 or more than $10,000 for 33-25 each violation and for each day of violation. 33-26 (f) An administrative or civil penalty collected under this 33-27 section shall be deposited to the credit of the general revenue 34-1 fund. 34-2 SECTION 33. OFFENSE. A person commits an offense if the 34-3 person knowingly violates a permit, order, or rule issued or 34-4 adopted by the commission, board, or authority. An offense under 34-5 this section is a Class A misdemeanor. 34-6 SECTION 34. EFFECTIVE DATE; TRANSITION. (a) This Act takes 34-7 effect September 1, 1993, except: 34-8 (1) this section takes effect immediately; and 34-9 (2) Sections 31 and 33 of this Act take effect as 34-10 provided by Subsections (d) and (e) of this section. 34-11 (b) The members of the board may be appointed before the 34-12 effective date in anticipation of the effective date. 34-13 (c) Board members may prepare for the creation of the 34-14 authority with the assistance of the commission, but their actions 34-15 may not take effect until September 1, 1993. 34-16 (d) Section 31 of this Act, pertaining to prohibitions, 34-17 takes effect January 1, 1994. 34-18 (e) Section 33 of this Act, pertaining to offenses, takes 34-19 effect January 1, 1994, and applies only to acts committed in 34-20 violation of a permit, rule, or order issued or adopted under this 34-21 Act that occurs on or after that date. Any violation of a permit, 34-22 rule, or order of the commission or authority or any other district 34-23 or authority committed before that date is governed by the law in 34-24 effect at the time the violation was committed. 34-25 SECTION 35. REPEALER; TRANSFERS; RULES. (a) Chapter 99, 34-26 Acts of the 56th Legislature, Regular Session, 1959 (Article 34-27 8280-219, Vernon's Texas Civil Statutes), is repealed, and the 35-1 Edwards Underground Water District is abolished. 35-2 (b) All files and records of the Edwards Underground Water 35-3 District pertaining to control, management, and operation of the 35-4 district are transferred from the Edwards Underground Water 35-5 District to the Edwards Aquifer Water Resource Management Authority 35-6 on the effective date of this Act. 35-7 (c) All real and personal property, leases, rights, 35-8 contracts, staff, and obligations of the Edwards Underground Water 35-9 District are transferred to the Edwards Aquifer Water Resource 35-10 Management Authority on the effective date of this Act. 35-11 (d) On September 1, 1993, all unobligated and unexpended 35-12 funds of the Edwards Underground Water District shall be 35-13 transferred to the Edwards Aquifer Water Resource Management 35-14 Authority. 35-15 (e) A rule adopted by the Edwards Underground Water District 35-16 before the effective date of this Act that relates to management or 35-17 control of the aquifer is, on the effective date of this Act, a 35-18 rule of the Edwards Aquifer Water Resource Management Authority and 35-19 remains in effect until amended or repealed by the authority. 35-20 SECTION 36. EFFECT ON OTHER DISTRICTS. A water conservation 35-21 or reclamation district other than the authority may not manage or 35-22 in any way control water that is a part of the Edwards Aquifer and 35-23 shall cease its operations regarding the Edwards Aquifer on the 35-24 effective date of this Act but may aid and cooperate with the 35-25 authority. This Act does not affect a water reclamation or 35-26 conservation district that manages and controls only water from a 35-27 resource other than the Edwards Aquifer. 36-1 SECTION 37. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 36-2 (a) The proper and legal notice of the intention to introduce this 36-3 Act, setting forth the general substance of this Act, has been 36-4 published as provided by law, and the notice and a copy of this Act 36-5 have been furnished to all persons, agencies, officials, or 36-6 entities to which they are required to be furnished by the 36-7 constitution and other laws of this state, including the governor, 36-8 who has submitted the notice and Act to the Texas Water Commission. 36-9 (b) The Texas Water Commission has filed its recommendations 36-10 relating to this Act with the governor, lieutenant governor, and 36-11 speaker of the house of representatives within the required time. 36-12 (c) All requirements of the constitution and laws of this 36-13 state and the rules and procedures of the legislature with respect 36-14 to the notice, introduction, and passage of this Act are fulfilled 36-15 and accomplished. 36-16 SECTION 38. Emergency. The importance of this legislation 36-17 and the crowded condition of the calendars in both houses create an 36-18 emergency and an imperative public necessity that the 36-19 constitutional rule requiring bills to be read on three several 36-20 days in each house be suspended, and this rule is hereby suspended, 36-21 and that this Act take effect and be in force according to its 36-22 terms, and it is so enacted.