By: Armbrister, et al. S.B. No. 1477
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation, administration, powers, duties,
1-2 operation, and financing of the Edwards Aquifer Authority and the
1-3 management of the Edwards Aquifer; granting the power of eminent
1-4 domain; authorizing the issuance of bonds; providing civil and
1-5 criminal penalties; and validating the creation of the Uvalde
1-6 County Underground Water Conservation District.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 ARTICLE 1
1-9 SECTION 1.01. FINDINGS AND DECLARATION OF POLICY. The
1-10 legislature finds that the Edwards Aquifer is a unique and complex
1-11 hydrological system, with diverse economic and social interests
1-12 dependent on the aquifer for water supply. In keeping with that
1-13 finding, the Edwards Aquifer is declared to be a distinctive
1-14 natural resource in this state, a unique aquifer, and not an
1-15 underground stream. To sustain these diverse interests and that
1-16 natural resource, a special regional management district is
1-17 required for the effective control of the resource to protect
1-18 terrestrial and aquatic life, domestic and municipal water
1-19 supplies, the operation of existing industries, and the economic
1-20 development of the state. Use of water in the district for
1-21 beneficial purposes requires that all reasonable measures be taken
1-22 to be conservative in water use.
1-23 SECTION 1.02. Creation. (a) A conservation and reclamation
1-24 district, to be known as the Edwards Aquifer Authority, is created
2-1 in all or part of Atascosa, Bexar, Caldwell, Comal, Guadalupe,
2-2 Hays, Medina, and Uvalde counties. A confirmation election is not
2-3 necessary. The authority is a governmental agency and a body
2-4 politic and corporate.
2-5 (b) The authority is created under and is essential to
2-6 accomplish the purposes of Article XVI, Section 59, of the Texas
2-7 Constitution.
2-8 SECTION 1.03. DEFINITIONS. In this article:
2-9 (1) "Aquifer" means the Edwards Aquifer, which is that
2-10 portion of an arcuate belt of porous, water-bearing, predominately
2-11 carbonate rocks known as the Edwards and Associated Limestones in
2-12 the Balcones Fault Zone extending from west to east to northeast
2-13 from the hydrologic division near Brackettville in Kinney County
2-14 that separates underground flow toward the Comal Springs and San
2-15 Marcos Springs from underground flow to the Rio Grande Basin,
2-16 through Uvalde, Medina, Atascosa, Bexar, Guadalupe, and Comal
2-17 counties, and in Hays County south of the hydrologic division near
2-18 Kyle that separates flow toward the San Marcos River from flow to
2-19 the Colorado River Basin.
2-20 (2) "Authority" means the Edwards Aquifer Authority.
2-21 (3) "Beneficial use" means the use of the amount of
2-22 water that is reasonable and necessary for a lawful purpose, if
2-23 reasonable intelligence and reasonable diligence are used in
2-24 applying the water to that purpose.
2-25 (4) "Board" means the board of directors of the
2-26 authority.
2-27 (5) "Commission" means the Texas Natural Resource
3-1 Conservation Commission.
3-2 (6) "Conservation" means any measure that would
3-3 sustain or enhance water supply.
3-4 (7) "Domestic use" means use of water by a person
3-5 owning the well from which the water is withdrawn and that person's
3-6 household for:
3-7 (A) drinking, washing, or culinary purposes;
3-8 (B) irrigation of lawns;
3-9 (C) irrigation of a family garden or orchard the
3-10 produce of which is for household consumption only; and
3-11 (D) watering of domestic animals not raised,
3-12 maintained, or sold for commercial purposes.
3-13 (8) "Existing user" means a person who has withdrawn
3-14 and beneficially used underground water from the aquifer on or
3-15 before June 1, 1993.
3-16 (9) "Industrial use" means the use of water for or in
3-17 connection with commercial or industrial activities, including
3-18 manufacturing, commercial feedlot operations, commercial fish
3-19 production, bottling, brewing, food processing, scientific research
3-20 and technology, recycling, production of concrete, asphalt, and
3-21 cement, cooling-tower heat exchange, commercial uses of water for
3-22 tourism, entertainment, and hotel or motel lodging, generation of
3-23 power other than hydroelectric, and other business activities.
3-24 (10) "Irrigation use" means the use of water for the
3-25 irrigation of pastures and commercial crops, including orchards.
3-26 (11) "Livestock" means animals, beasts, or poultry
3-27 collected or raised for pleasure, recreational use, or commercial
4-1 use.
4-2 (12) "Municipal use" means the use of water within or
4-3 outside of a municipality and its environs whether supplied by a
4-4 person, privately owned utility, political subdivision, or other
4-5 entity, including the use of treated effluent for certain purposes
4-6 specified as follows. The term includes:
4-7 (A) the use of water for domestic use, the
4-8 watering of lawns and family gardens, fighting fires, sprinkling
4-9 streets, flushing sewers and drains, water parks and parkways, and
4-10 recreation, including public and private swimming pools;
4-11 (B) the use of water in industrial and
4-12 commercial enterprises supplied by a municipal distribution system
4-13 without special construction to meet its demands; and
4-14 (C) the application of treated effluent on land
4-15 under a permit issued under Chapter 26, Water Code, if:
4-16 (i) the primary purpose of the application
4-17 is the treatment or necessary disposal of the effluent;
4-18 (ii) the application site is a park,
4-19 parkway, golf course, or other landscaped area within the
4-20 authority's boundaries; or
4-21 (iii) the effluent applied to the site is
4-22 generated within an area for which the commission has adopted a
4-23 rule that prohibits the discharge of the effluent.
4-24 (13) "Person" means an individual, corporation,
4-25 organization, government or governmental subdivision or agency,
4-26 business trust, estate, trust, partnership, association, and any
4-27 other legal entity.
5-1 (14) "Pollution" means the alteration of the physical,
5-2 thermal, chemical, or biological quality of any water in the state,
5-3 or the contamination of any water in the state, that renders the
5-4 water harmful, detrimental, or injurious to humans, animal life,
5-5 vegetation, property, or public health, safety, or welfare or that
5-6 impairs the usefulness of the public enjoyment of the water for any
5-7 lawful or reasonable purpose.
5-8 (15) "Reuse" means authorized use for one or more
5-9 beneficial purposes of use of water that remains unconsumed after
5-10 the water is used for the original purpose of use and before the
5-11 water is discharged or otherwise allowed to flow into a
5-12 watercourse, lake, or other body of state-owned water.
5-13 (16) "Underground water" has the meaning assigned by
5-14 Section 52.001, Water Code.
5-15 (17) "Waste" means:
5-16 (A) withdrawal of underground water from the
5-17 aquifer at a rate and in an amount that causes or threatens to
5-18 cause intrusion into the reservoir of water unsuitable for
5-19 agricultural, gardening, domestic, or stock raising purposes;
5-20 (B) the flowing or producing of wells from the
5-21 aquifer if the water produced is not used for a beneficial purpose;
5-22 (C) escape of underground water from the aquifer
5-23 to any other reservoir that does not contain underground water;
5-24 (D) pollution or harmful alteration of
5-25 underground water in the aquifer by salt water or other deleterious
5-26 matter admitted from another stratum or from the surface of the
5-27 ground;
6-1 (E) wilfully or negligently causing, suffering,
6-2 or permitting underground water from the aquifer to escape into any
6-3 river, creek, natural watercourse, depression, lake, reservoir,
6-4 drain, sewer, street, highway, road, or road ditch, or onto any
6-5 land other than that of the owner of the well; or
6-6 (F) underground water pumped from the aquifer
6-7 for irrigation that escapes as irrigation tailwater onto land other
6-8 than that of the owner of the well unless permission has been
6-9 granted by the occupant of the land receiving the discharge.
6-10 (18) "Well" means a bored, drilled, or driven shaft or
6-11 an artificial opening in the ground made by digging, jetting, or
6-12 some other method where the depth of the shaft or opening is
6-13 greater than its largest surface dimension, but does not include a
6-14 surface pit, surface excavation, or natural depression.
6-15 (19) "Well J-17" means state well number AY-68-37-203
6-16 located in Bexar County.
6-17 (20) "Well J-27" means state well number YP-69-50-302
6-18 located in Uvalde County.
6-19 (21) "Withdrawal" means an act or a failure to act
6-20 that results in taking water from the aquifer by or through
6-21 man-made facilities, including pumping, withdrawing, or diverting
6-22 underground water.
6-23 SECTION 1.04. BOUNDARIES. The authority includes the
6-24 territory contained within the following area:
6-25 (1) all of the areas of Bexar, Medina, and Uvalde
6-26 counties;
6-27 (2) all of the area of Comal County, except that
7-1 portion of the county that lies North of the North line through the
7-2 county of Subdivision No. 1 of the Underground Water Reservoir in
7-3 the Edwards Limestone, Balcones escarpment area, as defined by the
7-4 order of the Board of Water Engineers dated January 10, 1957;
7-5 (3) the part of Caldwell County beginning with the
7-6 intersection of Hays County Road 266 and the San Marcos River;
7-7 THENCE southeast along the San Marcos River to the point of
7-8 intersection of Caldwell, Guadalupe, and Gonzales counties;
7-9 THENCE southeast along the Caldwell-Gonzales County line to
7-10 its intersection with U.S. Highway 183;
7-11 THENCE north along U.S. Highway 183 to its intersection with
7-12 State Highway 21;
7-13 THENCE southwest along State Highway 21 to its intersection
7-14 with Hays County Road 266;
7-15 THENCE southwest along Hays County Road 266 to the place of
7-16 beginning;
7-17 (4) the part of Hays County beginning on the northwest
7-18 line of the R. B. Moore Survey, Abstract 412, in Comal County where
7-19 it crosses the Comal County-Hays County line northeast along the
7-20 northwest line of said Survey to the northeast corner of said
7-21 Survey in Hays County, Texas;
7-22 THENCE southeast in Hays County, Texas across the Jas.
7-23 Deloach Survey, Abstract 878, to the most westerly northwest corner
7-24 of the Presidio Irrigation Co. Survey, Abstract 583;
7-25 THENCE northeast along the northwest line of said Survey to
7-26 its most northerly northwest corner;
7-27 THENCE continuing in the same line across the R.S. Clayton
8-1 Survey 2, Block 742, to the west line of the H. & G. N. RR. Co.
8-2 Survey 1, Abstract 668;
8-3 THENCE north along the west line of said Survey to its
8-4 northwest corner;
8-5 THENCE east along the north line of said Survey to its
8-6 northeast corner;
8-7 THENCE northeast across the David Wilson Survey 83, Abstract
8-8 476, to the southeast corner of the F. W. Robertson Survey 71,
8-9 Abstract 385;
8-10 THENCE north along the east line of said Survey to the
8-11 southwest corner of the Benjamin Weed Survey 72, Abstract 483;
8-12 THENCE east along the south line of said Survey to its
8-13 southeast corner;
8-14 THENCE northeast across the William Gray Survey 73, Abstract
8-15 92, and the Murray Bailey Survey 75, Abstract 42, to the southwest
8-16 corner of the D.Holderman Survey 33, Abstract 225;
8-17 THENCE north along the west line of said Survey to its
8-18 northwest corner;
8-19 THENCE continuing in the same line to the north line of the
8-20 Day Land & Cattle Co. Survey 672;
8-21 THENCE west along said north line of said Survey to its
8-22 northwest corner, which is in the east line of the Jesse Williams
8-23 Survey 4 to the northeast corner of said Survey;
8-24 THENCE west along the north line of said Survey to the
8-25 Southwest corner of the Amos Singleton Survey 106, Abstract 410;
8-26 THENCE north along the west lines of said Amos Singleton
8-27 Survey 106 and the Watkins Nobles Survey 107, Abstract 346, to the
9-1 northwest corner of said Watkins Nobles Survey 107;
9-2 THENCE east along the north line of said Survey to the
9-3 southwest corner of the Jesusa Perez Survey 14, Abstract 363;
9-4 THENCE north along the west line of said Jesusa Perez Survey
9-5 14 to its northwest corner;
9-6 THENCE east along the north line of said Survey to its
9-7 northeast corner;
9-8 THENCE, south along the east line of said Survey for a
9-9 distance of approximately 10,000 feet to its intersection with
9-10 Ranch Road 150;
9-11 THENCE, east by southeast along Ranch Road 150 approximately
9-12 24,500 feet to its intersection with the southern boundary line of
9-13 the Andrew Dunn Survey 9, Abstract 4;
9-14 THENCE, east along the south line of said survey as it
9-15 extends and becomes the southern boundary line of the Morton M.
9-16 McCarver Survey 4, Abstract 10, for a distance of approximately
9-17 7,000 feet to its intersection with Ranch Road 2770;
9-18 THENCE, south on Ranch Road 2770 for a distance of
9-19 approximately 400 feet to its intersection with Farm-to-Market Road
9-20 171;
9-21 THENCE, east along Farm-to-Market Road 171 for a distance of
9-22 approximately 10,500 feet to its intersection with Farm-to-Market
9-23 Road 25;
9-24 THENCE, north by northeast along Farm-to-Market Road 25 for a
9-25 distance of approximately 3,100 feet to its intersection with
9-26 Farm-to-Market Road 131;
9-27 THENCE, east by southeast along Farm-to-Market Road 131 for a
10-1 distance of approximately 3,000 feet to its intersection with the
10-2 east line of the Thomas G. Allen Survey, Abstract 26;
10-3 THENCE south along the east line of said Thomas G. Allen
10-4 Survey to the most northerly northwest corner of the Elisha Pruett
10-5 Survey 23, Abstract 376;
10-6 THENCE southwest along a west line of said Elisha Pruett
10-7 Survey 23 to the west corner of said Survey;
10-8 THENCE southeast along the southwest line of said Survey to
10-9 the north corner of the John Stewart Survey, Abstract 14;
10-10 THENCE southwest along the northwest line of said John
10-11 Stewart Survey to its west corner;
10-12 THENCE continuing in the same line to the most northerly
10-13 southwest line of the John Jones Survey, Abstract 263;
10-14 THENCE southeast along said southwest line to an interior
10-15 corner of said John Jones Survey;
10-16 THENCE southwest along the most southerly northwest line of
10-17 said Survey to the southwest corner of said Survey;
10-18 THENCE southeast along the south line of said Survey to the
10-19 north corner of the James W. Williams Survey 11, Abstract 473;
10-20 THENCE southwest along the northwest line of said James W.
10-21 Williams Survey 11 to its west corner;
10-22 THENCE southeast along the southwest line of said Survey to
10-23 the north right-of-way line of the I. & G. N. RR.;
10-24 THENCE southwest along said right-of-way of said I. & G. N.
10-25 RR. to the Hays County-Comal County line;
10-26 THENCE south along said county line to the northwest line of
10-27 the R. B. Moore Survey, Abstract 412, in Hays County where it
11-1 crosses the Hays County-Comal County line;
11-2 (5) all of the territory of Hays County contained
11-3 within the following described area:
11-4 Beginning on the most southern point of Hays County at the
11-5 intersection of Hays, Comal, and Guadalupe Counties; then
11-6 continuing in a northeasterly direction along the Hays-Guadalupe
11-7 county line to its intersection with the Hays-Caldwell county line;
11-8 then continuing along the Hays-Caldwell county line to an
11-9 intersection with Farm-to-Market Road 150; then continuing in a
11-10 northwesterly direction along Farm-to-Market Road 150 to the
11-11 intersection with the existing southern boundary of the part of
11-12 Hays County described in Subdivision (3) of this section; then
11-13 continuing in a southwesterly direction along the existing southern
11-14 boundary of the part of Hays County described in Subdivision (3) of
11-15 this section to the intersection with the Hays-Comal county line;
11-16 then continuing in a southerly direction along the Hays-Comal
11-17 county line to the point of beginning;
11-18 (6) the part of Guadalupe County beginning at the
11-19 Guadalupe County-Caldwell County-Hays County line at the San Marcos
11-20 River in the northeast corner of Guadalupe County, Texas.
11-21 THENCE southwest along the Guadalupe County-Hays County line
11-22 to the intersect of the Guadalupe County-Hays County-Comal County
11-23 line.
11-24 THENCE southwest along the Guadalupe County-Comal County line
11-25 to the intersect of the Guadalupe County-Comal County-Bexar County
11-26 intersect at the Cibolo creek.
11-27 THENCE south along the Guadalupe County-Bexar County line
12-1 along the Cibolo creek to the intersect of the Guadalupe
12-2 County-Bexar County-Wilson County line.
12-3 THENCE south along the Guadalupe County-Wilson County line
12-4 along the Cibolo creek to the intersect and crossing of Guadalupe
12-5 County Road 417.
12-6 THENCE east along Guadalupe County Road 417 to the intersect
12-7 of Guadalupe County Road 417 and Guadalupe County Road 412.
12-8 THENCE northeast along Guadalupe County Road 412 to the
12-9 intersect of Guadalupe County Road 412 and Guadalupe County Road
12-10 411 A.
12-11 THENCE east along Guadalupe County Road 411 A to the
12-12 intersect of Guadalupe County Road 411 A and Farm-to-Market road
12-13 number 725.
12-14 THENCE north along Farm to Market Road 725 to the intersect
12-15 of Farm to Market Road 725 and Interstate Highway 10.
12-16 THENCE east along Interstate Highway 10 to the intersect of
12-17 Interstate Highway 10 and State Highway 90.
12-18 THENCE east along State Highway 90 to the Guadalupe
12-19 County-Caldwell County line at the San Marcos river.
12-20 THENCE northwest along the Guadalupe County-Caldwell County
12-21 line along the San Marcos river to the place of beginning; and
12-22 (7) the part of Atascosa County beginning on the north
12-23 line of the Robt. C. Rogers Survey, at the Bexar County-Atascosa
12-24 County line, to its northwest corner, which is the northeast corner
12-25 of the F. Brockinzen Survey, Abstract 86;
12-26 THENCE south along the east line of said Survey passing
12-27 through its southeast corner and continuing south along the east
13-1 line of the F. Brockinzen Survey, Abstract 90, to its southeast
13-2 corner;
13-3 THENCE west along the south line of said survey to its
13-4 southwest corner;
13-5 THENCE north along the west line of said F. Brockinzen Survey
13-6 to the southeast corner of the B. Bonngartner Survey, Abstract 87;
13-7 THENCE west along the south line of said B. Bonngartner
13-8 Survey passing through its southwest corner and continuing along
13-9 the south line of the J. B. Goettlemann Survey, Abstract 309, to
13-10 the Atascosa County-Medina County line;
13-11 THENCE north along the Atascosa County-Medina County line to
13-12 the Bexar County line;
13-13 THENCE east along the Atascosa County-Bexar County Line to
13-14 the place of beginning.
13-15 SECTION 1.05. FINDINGS RELATING TO BOUNDARIES. The
13-16 legislature finds that the boundaries and field notes of the
13-17 authority form a closure. A mistake in the field notes or in
13-18 copying the field notes in the legislative process does not affect
13-19 the organization, existence, or validity of the district or the
13-20 legality or operation of the district or its governing body.
13-21 SECTION 1.06. FINDING OF BENEFIT. (a) The legislature
13-22 finds that the water in the unique underground system of
13-23 water-bearing formations known as the Edwards-Balcones Fault Zone
13-24 Aquifer has a hydrologic interrelationship to the Guadalupe, San
13-25 Antonio, San Marcos, Comal, Frio, and Nueces river basins, is the
13-26 primary source of water for the residents of the region, and is
13-27 vital to the general economy and welfare of this state. The
14-1 continuous and sustained withdrawal of underground water from the
14-2 aquifer at the rates between 1982 and 1993 or greater rates may
14-3 result in damage to the aquifer, the Comal and San Marcos springs,
14-4 and the general economy and welfare of this state. Before the
14-5 effective date of this Act there was no effective, consistent, or
14-6 comprehensive regulation of the withdrawal and use of underground
14-7 water from the aquifer and the withdrawal and use of that
14-8 underground water will continue to increase unless effective
14-9 management is implemented. The legislature finds that it is
14-10 necessary and appropriate and a benefit to the welfare of this
14-11 state to provide for the recognition and management of rights to
14-12 withdraw underground water from the aquifer through the application
14-13 of management mechanisms appropriate to that unique system.
14-14 (b) The legislature further finds that all of the land and
14-15 other property included within the boundaries of the authority will
14-16 be benefitted by exercise of the powers of the authority and by the
14-17 works and projects that are to be accomplished by the authority
14-18 under powers conferred by Article XVI, Section 59, of the Texas
14-19 Constitution. The authority is created to serve a public use and
14-20 benefit.
14-21 SECTION 1.07. COMPENSATION FOR PROPERTY. The legislature
14-22 intends that just compensation be paid in the event that
14-23 implementation of this article causes a taking of private property
14-24 or results in the impairment of a contract in contravention of the
14-25 Texas or federal constitution.
14-26 SECTION 1.08. GENERAL POWERS. (a) The authority has all of
14-27 the powers, rights, and privileges necessary to manage, conserve,
15-1 preserve, and protect the aquifer and to increase the recharge of,
15-2 and prevent the waste or pollution of water in, the aquifer. The
15-3 authority has all of the rights, powers, privileges, authority,
15-4 functions, and duties provided by the general law of this state,
15-5 including Chapters 50 and 52, Water Code, applicable to an
15-6 authority created under Article XVI, Section 59, of the Texas
15-7 Constitution. This article prevails over any provision of general
15-8 law that is in conflict or inconsistent with this article regarding
15-9 the area of the authority's jurisdiction.
15-10 (b) The authority's powers regarding underground water apply
15-11 only to underground water within or withdrawn from the aquifer.
15-12 (c) The rights, powers, privileges, authority, functions,
15-13 and duties of the authority are subject to the continuing right of
15-14 supervision of the state to be exercised by and through the
15-15 commission.
15-16 SECTION 1.09. BOARD OF DIRECTORS. (a) The authority is
15-17 governed by a board of nine directors.
15-18 (b) A board member must be a resident of or qualified voter
15-19 in a county all or part of which is included within the boundaries
15-20 of the authority.
15-21 (c) The board consists of:
15-22 (1) three residents of Bexar County, with two
15-23 residents appointed by the governing body of the City of San
15-24 Antonio and one resident appointed by the Commissioners Court of
15-25 Bexar County to represent cities and communities in the county
15-26 other than the City of San Antonio;
15-27 (2) one resident of Comal County or the City of New
16-1 Braunfels appointed by the Commissioners Court of Comal County;
16-2 (3) one resident of Hays County appointed by the
16-3 governing body of the City of San Marcos;
16-4 (4) one resident of Medina County appointed by the
16-5 governing body of the Medina Underground Water Conservation
16-6 District;
16-7 (5) one resident of Uvalde County appointed by the
16-8 governing body of the Uvalde Underground Water Conservation
16-9 District;
16-10 (6) one person appointed by the Commissioners Court of
16-11 Bexar County who is an active operator engaged in irrigated
16-12 agriculture to alternate terms with a resident of Atascosa County
16-13 appointed by the governing body of the Evergreen Underground Water
16-14 Conservation District, with the person appointed by the Evergreen
16-15 Underground Water Conservation District serving the first term; and
16-16 (7) one person appointed in rotation by the
16-17 Commissioners Court of Guadalupe, Hays, or Comal County, with a
16-18 person appointed by the Commissioners Court of Guadalupe County to
16-19 serve the first term, followed by a person appointed by the
16-20 Commissioners Court of Hays County to serve the second term,
16-21 followed by a person appointed by the Commissioners Court of Comal
16-22 County to serve the third term, and rotating in that order of
16-23 appointment for subsequent terms.
16-24 (d) The Commissioners Court of Bexar County and the
16-25 governing body of the City of San Antonio must make appointments
16-26 under Subsection (c) of this section that accurately reflect the
16-27 ethnic composition of the population of Bexar County.
17-1 (e) The initial directors of the board shall draw lots to
17-2 determine their terms. Four initial directors serve terms that
17-3 expire June 1, 1995. Five initial directors serve terms that
17-4 expire June 1, 1997. Subsequent directors shall be appointed to
17-5 serve staggered four-year terms, the appropriate number of which
17-6 expire June 1 of each odd-numbered year.
17-7 (f) At the initial meeting of the board, the members shall
17-8 select one member to serve as presiding officer. The presiding
17-9 officer serves a term set by rule of the board not to exceed four
17-10 years.
17-11 (g) An act of the board is not valid unless adopted by the
17-12 affirmative vote of a majority of the members of the board.
17-13 (h) Board members receive no compensation for service on the
17-14 board but are entitled to reimbursement for actual and necessary
17-15 expenses incurred in the performance of their duties.
17-16 (i) Board members shall hold office until a successor has
17-17 been selected and approved and has qualified by taking the oath of
17-18 office.
17-19 (j) If a vacancy on the board occurs, the governing body
17-20 that appointed the vacating member shall appoint another person
17-21 having the same qualifications required of the vacating member to
17-22 serve the unexpired portion of the vacating member's term.
17-23 SECTION 1.10. AREA REPRESENTATIVES. (a) The commissioners
17-24 court of each of the following counties shall appoint an area
17-25 representative:
17-26 (1) Atascosa;
17-27 (2) Comal;
18-1 (3) Guadalupe;
18-2 (4) Hays;
18-3 (5) Medina; and
18-4 (6) Uvalde.
18-5 (b) The governing body of the City of San Antonio shall
18-6 appoint an area representative for Bexar County.
18-7 (c) If an underground water conservation district has been
18-8 created in a county:
18-9 (1) the general manager of the district serves as the
18-10 area representative for the county; and
18-11 (2) the commissioners court of the county, or the
18-12 governing body of the City of San Antonio in the case of Bexar
18-13 County, may not appoint a representative for the county.
18-14 (d) An area representative appointed by a commissioners
18-15 court or other governing body under Subsection (a) or (b) of this
18-16 section serves at the pleasure of the court or body that appointed
18-17 the representative.
18-18 (e) An area representative's duties include:
18-19 (1) assisting the authority in developing the
18-20 authority's demand management plan for the county that the
18-21 representative represents;
18-22 (2) assisting the authority to implement the demand
18-23 management plan; and
18-24 (3) performing other duties requested by the board
18-25 that the representative may practicably perform.
18-26 SECTION 1.11. ADVISORY COMMITTEE ON DOWNSTREAM WATER RIGHTS
18-27 AND ISSUES. (a) The Edwards Aquifer Area Advisory Committee shall
19-1 advise the board on downstream water rights and issues. The
19-2 advisory committee consists of members appointed in accordance with
19-3 Subsection (b) of this section and one member appointed by the
19-4 commissioners court of each of the following counties, except that
19-5 Atascosa and Guadalupe counties may not have a representative on
19-6 the advisory committee when the county has a representative member
19-7 on the board:
19-8 (1) Atascosa;
19-9 (2) Caldwell;
19-10 (3) Calhoun;
19-11 (4) DeWitt;
19-12 (5) Goliad;
19-13 (6) Gonzales;
19-14 (7) Guadalupe;
19-15 (8) Karnes;
19-16 (9) Nueces;
19-17 (10) Refugio;
19-18 (11) San Patricio;
19-19 (12) Victoria; and
19-20 (13) Wilson.
19-21 (b) The governing body of each municipality that is in a
19-22 county listed in Subsection (a) of this section and has a
19-23 population of more than 50,000 may also appoint a member to the
19-24 advisory committee.
19-25 (c) A member must be a resident or qualified voter of or
19-26 engaged in business in a county all or part of which is included in
19-27 the member's area of representation.
20-1 (d) The reimbursement of an advisory committee member for
20-2 expenses is on the same terms as the reimbursement of board
20-3 members. An advisory committee member is not entitled to
20-4 compensation.
20-5 (e) An advisory committee member holds office until a
20-6 successor is appointed.
20-7 (f) The authority shall send to each advisory committee
20-8 member all the communications of the authority that are extended to
20-9 board members and may participate in board meetings to represent
20-10 downstream water supply concerns and assist in solutions to those
20-11 concerns. Advisory committee members may not vote on a board
20-12 decision.
20-13 (g) The advisory committee by resolution may request the
20-14 board to reconsider any board action that is considered
20-15 prejudicial to downstream water interests. If the board review
20-16 does not result in a resolution satisfactory to the advisory
20-17 committee, the advisory committee by resolution may request the
20-18 commission to review the action. The commission shall review the
20-19 action and may make a recommendation to the board.
20-20 (h) The advisory committee shall meet to organize and elect
20-21 a presiding officer.
20-22 (i) The presiding officer of the advisory committee shall
20-23 submit a report assessing the effectiveness of the authority to the
20-24 commission and the authority by March 31 of each even-numbered
20-25 year. The report must assess the effect on downstream water rights
20-26 of the management of the aquifer. The authority shall consider the
20-27 report in managing the authority's affairs.
21-1 SECTION 1.12. GENERAL POWERS AND DUTIES OF THE BOARD AND
21-2 AUTHORITY. (a) The board shall adopt rules necessary to carry out
21-3 the authority's powers and duties under this article, including
21-4 rules governing procedures of the board and authority.
21-5 (b) The authority shall ensure compliance with permitting,
21-6 metering, and reporting requirements and shall regulate permits.
21-7 (c) The authority may issue orders to enforce this article
21-8 or its rules.
21-9 (d) The authority may:
21-10 (1) issue or administer grants, loans, or other
21-11 financial assistance to water users for water conservation and
21-12 water reuse;
21-13 (2) enter into contracts;
21-14 (3) sue and be sued in its own name;
21-15 (4) receive gifts, grants, awards, and loans for use
21-16 in carrying out its powers and duties;
21-17 (5) hire an executive director to be the chief
21-18 administrator of the authority and other employees as necessary to
21-19 carry out its powers and duties;
21-20 (6) delegate the power to hire employees to the
21-21 executive director of the authority;
21-22 (7) own real and personal property;
21-23 (8) close abandoned, wasteful, or dangerous wells;
21-24 (9) hold permits under state law or under federal law
21-25 pertaining to the Endangered Species Act of 1973 (16 U.S.C. Section
21-26 1531 et seq.) and its amendments;
21-27 (10) enforce Chapter 32, Water Code, and commission
22-1 rules adopted under that Act within the authority's boundaries; and
22-2 (11) require to be furnished to the authority water
22-3 well drillers' logs that are required by Chapter 32, Water Code, to
22-4 be kept and furnished to the commission.
22-5 (e) The authority may contract with a person who uses water
22-6 from the aquifer for the authority or that person to construct,
22-7 operate, own, finance, and maintain water supply facilities.
22-8 Management fees or special fees may not be used for purchasing or
22-9 operating these facilities. For the purpose of this subsection,
22-10 "water supply facility" includes a dam, reservoir, treatment
22-11 facility, transmission facility, or recharge project.
22-12 (f) The authority has the power of eminent domain. The
22-13 authority may not acquire rights to underground water by the power
22-14 of eminent domain.
22-15 (g) The authority is subject to the open meetings law,
22-16 Chapter 271, Acts of the 60th Legislature, Regular Session, 1967
22-17 (Article 6252-17, Vernon's Texas Civil Statutes), the open records
22-18 law, Chapter 424, Acts of the 63rd Legislature, Regular Session,
22-19 1973 (Article 6252-17a, Vernon's Texas Civil Statutes), and the
22-20 Administrative Procedure and Texas Register Act (Article 6252-13a,
22-21 Vernon's Texas Civil Statutes), and their subsequent amendments.
22-22 SECTION 1.13. SUNSET COMMISSION REVIEW. (a) The board is
22-23 subject to review under the Texas Sunset Act (Chapter 325,
22-24 Government Code) and its subsequent amendments but may not be
22-25 abolished under that Act. The review shall be conducted as if the
22-26 board were scheduled to be abolished September 1, 2005.
22-27 (b) Unless members of the board are continued in office
23-1 after the review, their membership expires September 1, 2005.
23-2 (c) When the membership of the board of directors expires
23-3 under Subsection (b) of this section, a new board of directors
23-4 shall be appointed as provided by this article, with each new
23-5 member serving for the unexpired term of the member's predecessor.
23-6 A member whose membership has expired under Subsection (b) is not
23-7 eligible for reappointment under this subsection.
23-8 SECTION 1.14. WATER QUALITY. The authority has the powers
23-9 provided a local government under Subchapters D and E, Chapter 26,
23-10 Water Code, to prevent pollution and enforce water quality
23-11 standards within the authority's boundaries and in a buffer zone
23-12 that includes all of the area less than 10 miles outside of the
23-13 authority's boundaries.
23-14 SECTION 1.15. WITHDRAWALS. (a) Authorizations to withdraw
23-15 water from the aquifer and all authorizations and rights to make a
23-16 withdrawal under this Act shall be limited in accordance with this
23-17 section to:
23-18 (1) protect the water quality of the aquifer;
23-19 (2) protect the water quality of the surface streams
23-20 to which the aquifer provides springflow;
23-21 (3) achieve water conservation;
23-22 (4) maximize the beneficial use of water available for
23-23 withdrawal from the aquifer;
23-24 (5) protect aquatic and wildlife habitat;
23-25 (6) protect species that are designated as threatened
23-26 or endangered under applicable federal or state law; and
23-27 (7) provide for instream uses, bays, and estuaries.
24-1 (b) Except as provided by Subsections (d), (e), and (g) of
24-2 this section and Section 1.27 of this article, for the period
24-3 ending December 31, 2007, the amount of permitted withdrawals from
24-4 the aquifer may not exceed 450,000 acre-feet of water for each
24-5 calendar year.
24-6 (c) Except as provided by Subsections (d), (e), and (g) of
24-7 this section and Section 1.27 of this article, for the period
24-8 beginning January 1, 2008, the amount of permitted withdrawals from
24-9 the aquifer may not exceed 400,000 acre-feet of water for each
24-10 calendar year.
24-11 (d) If, through studies and, if necessary, implementation of
24-12 water management strategies, including springflow augmentation,
24-13 diversions downstream of the springs, supplemental recharge, and
24-14 conjunctive management of surface and subsurface water, the
24-15 authority determines that additional supplies are available from
24-16 the aquifer or that the available supply is reduced, the authority,
24-17 in consultation with appropriate state and federal agencies, may
24-18 review and may increase or decrease the maximum amount of permitted
24-19 withdrawals provided by this section and set a different maximum
24-20 amount of permitted withdrawals.
24-21 (e) If the level of the aquifer is equal to or greater than
24-22 665 feet above mean sea level as measured at Well J-17, the
24-23 authority may authorize withdrawal from the San Antonio pool, on an
24-24 interruptible basis, of additional amounts above the withdrawal
24-25 limitations imposed in accordance with this section. If the
24-26 level of the aquifer is equal to or greater than 865 feet at Well
24-27 J-27, the authority may authorize withdrawal from the Uvalde pool,
25-1 on an interruptible basis, of additional amounts above the
25-2 withdrawal limits imposed in accordance with this section. The
25-3 authority shall limit the additional withdrawals to ensure that
25-4 springflows are not affected during critical drought conditions.
25-5 (f) The authority by rule may define other pools within the
25-6 aquifer, in accordance with hydrogeologic research, and may
25-7 establish index wells for any pool to monitor the level of the
25-8 aquifer to aid the regulation of withdrawals from the pools.
25-9 (g) To accomplish the purposes of this article, by June 1,
25-10 1994, the authority, through a program, shall implement and enforce
25-11 water management practices, procedures, and methods to ensure that,
25-12 not later than December 31, 2012, the continuous minimum spring
25-13 flows of the Comal Springs and the San Marcos Springs are
25-14 maintained to protect endangered and threatened species to the
25-15 extent required by federal law. The authority from time to time as
25-16 appropriate may revise the practices, procedures, and methods. To
25-17 meet this requirement, the authority shall require:
25-18 (1) phased reductions in the amount of water that may
25-19 be used or withdrawn by existing users or categories of other
25-20 users; or
25-21 (2) implementation of alternative management
25-22 practices, procedures, and methods.
25-23 SECTION 1.16. PERMIT REQUIRED. (a) The authority shall
25-24 manage withdrawals from the aquifer and shall manage all withdrawal
25-25 points from the aquifer as provided by this Act.
25-26 (b) Except as provided by Sections 1.18 and 1.34 of this
25-27 article, a person may not withdraw water from the aquifer or begin
26-1 construction of a well or other works designed for the withdrawal
26-2 of water from the aquifer without obtaining a permit from the
26-3 authority.
26-4 (c) The authority may issue regular permits, term permits,
26-5 and emergency permits.
26-6 (d) Each permit must specify the maximum rate and total
26-7 volume of water that the water user may withdraw in a calendar
26-8 year.
26-9 SECTION 1.17. DECLARATIONS OF HISTORICAL USE; INITIAL
26-10 REGULAR PERMITS. (a) An existing user may apply for an initial
26-11 regular permit by filing a declaration of historical use of
26-12 underground water withdrawn from the aquifer during the historical
26-13 period from June 1, 1982, through May 31, 1993.
26-14 (b) An existing user's declaration of historical use must be
26-15 filed on or before March 1, 1994, on a form prescribed by the
26-16 board. An applicant for a permit must timely pay all application
26-17 fees required by the board. An owner of a well used for irrigation
26-18 must include additional documentation of the number of acres
26-19 irrigated during the historical period provided by Subsection (a)
26-20 of this section.
26-21 (c) An owner of a well from which the water will be used
26-22 exclusively for domestic use or watering livestock and that is
26-23 exempt under Section 1.34 of this article is not required to file a
26-24 declaration of historical use.
26-25 (d) The board shall grant an initial regular permit to an
26-26 existing user who:
26-27 (1) files a declaration and pays fees as required by
27-1 this section; and
27-2 (2) establishes by convincing evidence beneficial use
27-3 of underground water from the aquifer.
27-4 (e) To the extent water is available for permitting, the
27-5 board shall issue the existing user a permit for withdrawal of an
27-6 amount of water equal to the user's maximum beneficial use of water
27-7 without waste during any one calendar year of the historical
27-8 period. If the total amount of water determined to have been
27-9 beneficially used without waste under this subsection exceeds the
27-10 amount of water available for permitting, the authority shall
27-11 adjust the amount of water authorized for withdrawal under the
27-12 permits proportionately to meet the amount available for
27-13 permitting. To the extent water is available for permitting:
27-14 (1) an existing irrigation user shall receive a permit
27-15 for not less than two acre-feet a year for each acre of land the
27-16 user irrigated in any one year during the historical period; and
27-17 (2) an existing user who has operated a well for three
27-18 or more years during the historical period shall receive a permit
27-19 for at least the average amount of water withdrawn annually during
27-20 the historical period.
27-21 (f) The board by rule shall consider the equitable treatment
27-22 of a person whose historic use has been affected by a requirement
27-23 of or participation in a federal program.
27-24 (g) The authority shall issue an initial regular permit
27-25 without a term, and an initial regular permit remains in effect
27-26 until the permit is abandoned, cancelled, or retired.
27-27 (h) The board shall notify each permit holder that the
28-1 permit is subject to limitations as provided by this article.
28-2 SECTION 1.18. INTERIM AUTHORIZATION. (a) A person who, on
28-3 the effective date of this article, owns a producing well that
28-4 withdraws water from the aquifer may continue to withdraw and
28-5 beneficially use water without waste until final action on permits
28-6 by the authority, if:
28-7 (1) the well is in compliance with all statutes and
28-8 rules relating to well construction, approval, location, spacing,
28-9 and operation; and
28-10 (2) by March 1, 1994, the person files a declaration
28-11 of historical use on a form as required by the authority.
28-12 (b) Use under interim authorization may not exceed on an
28-13 annual basis the historical, maximum, beneficial use of water
28-14 without waste during any one calendar year as evidenced by the
28-15 person's declaration of historical use, unless that amount is
28-16 otherwise determined by the authority.
28-17 (c) Use under this section is subject to the authority's
28-18 comprehensive management plan and rules adopted by the authority.
28-19 (d) Interim authorization for a well under this section ends
28-20 on:
28-21 (1) entry of a final and appealable order by the
28-22 authority acting on the application for the well; or
28-23 (2) March 1, 1994, if the well owner has not filed a
28-24 declaration of historical use.
28-25 SECTION 1.19. ADDITIONAL REGULAR PERMITS. (a) To the
28-26 extent water is available for permitting after the issuance of
28-27 permits to existing users, the authority may issue additional
29-1 regular permits, subject to limits on the total amount of permitted
29-2 withdrawals determined under Section 1.15 of this article.
29-3 (b) The authority may not consider or take action on an
29-4 application relating to a proposed or existing well of which there
29-5 is no evidence of actual beneficial use before June 1, 1993, until
29-6 a final determination has been made on all initial regular permit
29-7 applications submitted on or before the initial application date of
29-8 March 1, 1994.
29-9 SECTION 1.20. TERM PERMITS. (a) The authority may issue
29-10 term permits for withdrawal for any period the authority considers
29-11 feasible, but may not issue a term permit for a period of more than
29-12 10 years.
29-13 (b) A holder of a term permit may not withdraw water from
29-14 the San Antonio pool of the aquifer unless the level of the aquifer
29-15 is higher than 665 feet above sea level, as measured at Well J-17.
29-16 (c) A holder of a term permit may not withdraw water from
29-17 the Uvalde pool of the aquifer unless the level of the aquifer is
29-18 higher than 865 feet above sea level, as measured at Well J-27.
29-19 SECTION 1.21. EMERGENCY PERMITS. (a) Emergency permits may
29-20 be issued only to prevent the loss of life or to prevent severe,
29-21 imminent threats to the public health or safety.
29-22 (b) The term of an emergency permit may not exceed 30 days,
29-23 unless renewed.
29-24 (c) The board may renew an emergency permit.
29-25 (d) The holder of an emergency permit may withdraw water
29-26 from the aquifer without regard to its effect on other permit
29-27 holders.
30-1 SECTION 1.22. PERMIT RETIREMENT. (a) The authority shall
30-2 prepare and implement a plan for reducing, by January 1, 2008, the
30-3 maximum annual volume of water authorized to be withdrawn from the
30-4 aquifer under regular permits to 400,000 acre-feet a year or the
30-5 adjusted amount determined under Subsection (d) of Section 1.15 of
30-6 this article.
30-7 (b) The plan must be enforceable and must include water
30-8 conservation and reuse measures, measures to retire water rights,
30-9 and other water management measures designed to achieve the
30-10 reduction levels or appropriate management of the resource.
30-11 (c) If, on or after January 1, 2008, the overall volume of
30-12 water authorized to be withdrawn from the aquifer under regular
30-13 permits is greater than 400,000 acre-feet a year or greater than
30-14 the adjusted amount determined under Subsection (d) of Section 1.15
30-15 of this article, the maximum authorized withdrawal of each regular
30-16 permit shall be immediately reduced by an equal percentage as is
30-17 necessary to reduce overall maximum demand to 400,000 acre-feet a
30-18 year or the adjusted amount, as appropriate. The amount reduced
30-19 may be restored, in whole or in part, as other appropriate measures
30-20 are implemented that maintain overall demand at or below the
30-21 appropriate amount.
30-22 SECTION 1.23. ACQUISITION OF RIGHTS. (a) The authority may
30-23 acquire permitted rights to use water from the aquifer for the
30-24 purposes of:
30-25 (1) holding those rights in trust for sale or transfer
30-26 of the water or the rights to persons within the authority's
30-27 jurisdiction who may use water from the aquifer;
31-1 (2) holding those rights in trust as a means of
31-2 managing overall demand on the aquifer;
31-3 (3) holding those rights for resale or retirement as a
31-4 means of complying with pumping reduction requirements under this
31-5 article; or
31-6 (4) retiring those rights, including those rights
31-7 already permitted.
31-8 (b) The authority may acquire and hold permits or rights to
31-9 appropriate surface water or groundwater from sources inside or
31-10 outside of the authority's boundaries.
31-11 (c) Notwithstanding any other provisions of law, the
31-12 authority's acquisition of permitted rights to use water from the
31-13 aquifer is eligible for financial assistance from:
31-14 (1) the water supply account of the Texas Water
31-15 Development Fund under Subchapter D, Chapter 17, Water Code;
31-16 (2) the water loan assistance fund under Subchapter C,
31-17 Chapter 15, Water Code; and
31-18 (3) the revenue bond program under Subchapter I,
31-19 Chapter 17, Water Code.
31-20 SECTION 1.24. CONSERVATION AND REUSE PLANS. (a) The
31-21 authority shall require holders of regular permits and holders of
31-22 term permits to submit water conservation plans and, if
31-23 appropriate, reuse plans for review and approval by the authority.
31-24 The board by rule shall require a plan to be implemented after a
31-25 reasonable time after a plan's approval.
31-26 (b) The board shall assist users in developing conservation
31-27 or reuse plans.
32-1 (c) The authority biennially shall prepare and update
32-2 enforceable and effective conservation and reuse plans as required
32-3 by this article. Not later than January 1 of each odd-numbered
32-4 year the authority shall submit the plan to the legislature.
32-5 SECTION 1.25. LOANS AND GRANTS. (a) Notwithstanding any
32-6 other provision of law, the authority is eligible as a lender
32-7 district to receive loans from the Texas Water Development Board
32-8 under the agricultural water conservation bond program under
32-9 Subchapter J, Chapter 17, Water Code.
32-10 (b) The authority may apply for, request, solicit, contract
32-11 for, receive, and accept gifts, grants, and other assistance from
32-12 any source for the purposes of this article.
32-13 (c) The authority may issue grants or make loans to finance
32-14 the purchase or installation of equipment or facilities. If the
32-15 authority issues a grant for a water conservation, reuse, or water
32-16 management project, the authority may require the beneficiary to
32-17 transfer to the authority permitted rights to aquifer water equal
32-18 to a portion of the water conserved or made available by the
32-19 project.
32-20 SECTION 1.26. COMPREHENSIVE MANAGEMENT PLAN.
32-21 (a) Consistent with Section 1.15 of this article, the authority
32-22 shall develop, by September 1, 1995, and implement a comprehensive
32-23 water management plan that includes conservation, future supply,
32-24 and demand management plans. The authority may not delegate the
32-25 development of the plan under Section 1.43 of this article.
32-26 (b) The authority, in conjunction with the Texas Water
32-27 Development Board and underground water conservation districts
33-1 within the authority's boundaries, shall develop a 20-year plan for
33-2 providing alternative supplies of water to the region, with
33-3 five-year goals and objectives, to be implemented by the authority
33-4 and reviewed annually by the appropriate federal agencies. The
33-5 authority, Texas Water Development Board, and districts, in
33-6 developing the plan, shall:
33-7 (1) make a thorough investigation of all alternative
33-8 technologies;
33-9 (2) provide for financial assistance for alternative
33-10 supplies through the Texas Water Development Board; and
33-11 (3) perform a cost-benefit analysis and an
33-12 environmental analysis.
33-13 SECTION 1.27. DEMAND MANAGEMENT PLAN. The authority shall
33-14 prepare and, after commission review, implement plans that provide
33-15 for demand management. The demand mechanisms must:
33-16 (1) distinguish between discretionary use and
33-17 nondiscretionary use for each permittee;
33-18 (2) require reductions, to the maximum extent
33-19 feasible, of all discretionary use; and
33-20 (3) require reduction of nondiscretionary use, to the
33-21 extent further reductions are necessary, in the reverse order of
33-22 the following water use preferences:
33-23 (A) domestic and municipal;
33-24 (B) industrial and irrigation;
33-25 (C) recreational and pleasure; and
33-26 (D) other uses that are authorized by law.
33-27 SECTION 1.28. RESEARCH. (a) The authority shall complete
34-1 research on the technological feasibility of springflow enhancement
34-2 and yield enhancement that, immediately before September 1, 1993,
34-3 is being conducted by the Edwards Underground Water District.
34-4 (b) The authority may conduct research to help:
34-5 (1) manage water resources, including water
34-6 conservation, water use and reuse, and drought management measures;
34-7 (2) enhance the recharge of and augment the flow into
34-8 and out of the aquifer;
34-9 (3) develop alternative supplies of water for users;
34-10 and
34-11 (4) monitor and protect water quality.
34-12 (c) The authority may contract with other persons to conduct
34-13 research.
34-14 SECTION 1.29. TAX; BONDS. (a) The authority may not levy a
34-15 property tax.
34-16 (b) The authority may issue revenue bonds to finance the
34-17 purchase of land or the purchase, construction, or installation of
34-18 facilities or equipment for:
34-19 (1) water conservation, water reuse, or other water
34-20 management measures by water users; or
34-21 (2) development, storage, pumping, treatment,
34-22 transportation, or wholesale distribution of groundwater or surface
34-23 water for use within the authority from sources within or outside
34-24 the boundaries of the authority, except that the authority may not
34-25 construct, acquire, or own facilities for transporting groundwater
34-26 out of Uvalde County or Medina County.
34-27 (c) Revenue bond proceeds may be used:
35-1 (1) for springflow augmentation or alternative water
35-2 supplies;
35-3 (2) to finance the retirement of water rights; and
35-4 (3) for financial assistance for research or
35-5 conservation under this article.
35-6 (d) Revenue bond proceeds may not be used for maintenance or
35-7 operating expenses.
35-8 (e) Bonds issued by the authority are subject to review and
35-9 approval of the attorney general and the commission. If the
35-10 attorney general finds that the bonds have been authorized in
35-11 accordance with the law, the attorney general shall approve them,
35-12 and the comptroller of public accounts shall register the bonds.
35-13 Following approval and registration, the bonds are incontestable
35-14 and are binding obligations according to their terms.
35-15 (f) The board may organize proceeds of the bonds into funds
35-16 and accounts and may invest the proceeds as the board determines is
35-17 appropriate.
35-18 SECTION 1.30. FEES. (a) The cost of reducing withdrawals
35-19 or permit retirements must be borne:
35-20 (1) solely by users of the aquifer for reducing
35-21 withdrawals from the level on the effective date of this article to
35-22 450,000 acre-feet a year, or the adjusted amount determined under
35-23 Subsection (d) of Section 1.15 of this article for the period
35-24 ending December 31, 2007; and
35-25 (2) equally by aquifer users and downstream water
35-26 rights holders for permit retirements from 450,000 acre-feet a
35-27 year, or the adjusted amount determined under Subsection (d) of
36-1 Section 1.15 of this article for the period ending December 31,
36-2 2007, to 400,000 acre-feet a year, or the adjusted amount
36-3 determined under Subsection (d) of Section 1.15 of this article,
36-4 for the period beginning January 1, 2008.
36-5 (b) The authority shall assess equitable aquifer management
36-6 fees based on permitted aquifer rights to finance its
36-7 administrative expenses and programs authorized under this article.
36-8 (c) The authority shall also assess an equitable special fee
36-9 based on permitted aquifer water rights to be used only to finance
36-10 the retirement of rights necessary to meet the goals provided by
36-11 Section 1.22 of this article. The authority shall set the
36-12 equitable special fees on permitted aquifer users at a level
36-13 sufficient to match the funds raised from the assessment of
36-14 equitable special fees on downstream water rights holders.
36-15 (d) The commission shall assess equitable special fees on
36-16 all downstream water rights holders in the Guadalupe River Basin to
36-17 be used solely to finance the retirement of aquifer rights
36-18 necessary to meet the goals provided by Section 1.22 of this
36-19 article. Fees assessed under this subsection may not exceed
36-20 one-half of the cost of permit retirements from 450,000 acre-feet a
36-21 year, or the adjusted amount determined under Subsection (d) of
36-22 Section 1.15 of this article, for the period ending December 31,
36-23 2007, to 400,000 acre-feet a year, or the adjusted amount
36-24 determined under Subsection (d) of Section 1.15 of this article,
36-25 for the period beginning January 1, 2008. The authority shall
36-26 report to the commission the estimated costs of the retirements.
36-27 The amount of fees assessed under this subsection shall be
37-1 determined in accordance with rules adopted by the commission for
37-2 fees under the South Texas watermaster program. A downstream water
37-3 rights holder shall pay fees assessed under this subsection to the
37-4 authority. A fee may not be assessed by the commission under this
37-5 subsection on contractual deliveries of water stored in Canyon Lake
37-6 that may be diverted downstream of the San Marcos Springs or Canyon
37-7 Dam. A person or entity making a contractual sale of water stored
37-8 upstream of Canyon Dam may not establish a systemwide rate that
37-9 requires purchasers of upstream-stored water to pay the special fee
37-10 assessed under this subsection. The commission may not assess a
37-11 fee under this subsection on hydroelectric use of water by the
37-12 following dams:
37-13 (1) City of Gonzales Dam;
37-14 (2) City of Seguin Dam;
37-15 (3) New Braunfels Utilities Dam;
37-16 (4) Dam No. TP-1;
37-17 (5) Dam No. TP-3;
37-18 (6) Dam No. TP-4;
37-19 (7) Dam No. TP-5;
37-20 (8) Dam No. H-4; or
37-21 (9) Dam No. H-5.
37-22 (e) In developing an equitable fee structure under this
37-23 section, the authority may establish different fee rates on a per
37-24 acre-foot basis for different types of use. The fees must be
37-25 equitable between types of uses. The fee rate for agricultural use
37-26 may not be more than 20 percent of the fee rate for municipal use.
37-27 The authority shall assess the fees on the amount of water a permit
38-1 holder is authorized to withdraw under the permit.
38-2 (f) The authority shall impose a permit application fee not
38-3 to exceed $25.
38-4 (g) The authority may assess a surcharge fee to be imposed
38-5 on a permittee's withdrawal of water in excess of permitted
38-6 amounts.
38-7 (h) The authority may impose a registration application fee
38-8 not to exceed $10.
38-9 (i) Special fees collected under Subsection (c) or (d) of
38-10 this section may not be used to finance a surface water supply
38-11 reservoir project.
38-12 SECTION 1.31. RIVER DIVERSIONS. (a) The commission may
38-13 issue to an applicant a special permit to divert water from the
38-14 Guadalupe River from a diversion point on the river downstream of
38-15 the point where the river emerges as a spring.
38-16 (b) A permit issued to a person under this section must
38-17 condition the diversion of water from the Guadalupe River on a
38-18 limitation of withdrawals under the person's permit to withdraw
38-19 water from the aquifer.
38-20 (c) A permit issued under this section must provide that the
38-21 permit holder may divert water from the Guadalupe River only if:
38-22 (1) the diversion is made instead of a withdrawal from
38-23 the aquifer to enhance the yield of the aquifer; and
38-24 (2) the diversion does not impair senior water rights
38-25 or vested riparian rights.
38-26 (d) A permit issued in accordance with this section is
38-27 subordinate to permitted water rights for which applications were
39-1 submitted before May 31, 1993, and vested riparian rights.
39-2 (e) Sections 11.028 and 11.033, Water Code, do not apply to
39-3 a permit issued under this section.
39-4 SECTION 1.32. MEASURING DEVICES. (a) The owner of a
39-5 nonexempt well that withdraws water from the aquifer shall install
39-6 and maintain a measuring device approved by the authority designed
39-7 to indicate the flow rate and cumulative amount of water withdrawn
39-8 by that well. This requirement may be waived by the authority on
39-9 written request by a well owner to use an alternative method of
39-10 determining the amount of water withdrawn.
39-11 (b) The authority is responsible for the costs of installing
39-12 and maintaining measuring devices, if required, for an irrigation
39-13 well in existence on the effective date of this article.
39-14 SECTION 1.33. REPORTS. Not later than March 1 of each year,
39-15 and on a form prescribed by the authority, each holder of a permit
39-16 shall file with the authority a written report of water use for the
39-17 preceding calendar year.
39-18 SECTION 1.34. WELL PERMIT EXEMPTION. (a) A well that
39-19 produces 25,000 gallons of water a day or less for domestic use or
39-20 for the open-range watering of livestock connected with farming,
39-21 ranching, or dairy enterprises is exempt from permitting
39-22 requirements.
39-23 (b) Exempt wells must register with the authority or with an
39-24 underground water conservation district in which the well is
39-25 located.
39-26 (c) A well within or serving a subdivision requiring
39-27 platting does not qualify for an exempt use.
40-1 (d) Except as provided by Subsection (b) of this section,
40-2 land sold within the authority's boundaries retains the
40-3 authorization to withdraw water in accordance with permits obtained
40-4 under this article.
40-5 SECTION 1.35. TRANSFER OF RIGHTS. (a) Water withdrawn from
40-6 the aquifer must be used within the boundaries of the authority.
40-7 (b) A permit holder may sell permitted water rights only to
40-8 the authority, but a holder of a permit for irrigation use may not
40-9 sell more than 50 percent of the irrigation rights initially
40-10 permitted. The user's remaining irrigation water rights must be
40-11 used in accordance with the original permit and must pass with
40-12 transfer of the irrigated land, except as provided by rules of the
40-13 board.
40-14 (c) The authority may purchase permitted water rights and:
40-15 (1) sell those rights to other permit holders;
40-16 (2) sell water withdrawn under those rights to other
40-17 permit holders;
40-18 (3) hold the water in trust for future beneficial use
40-19 within the authority's boundaries; or
40-20 (4) retire those rights.
40-21 SECTION 1.36. PROHIBITIONS. (a) A person may not withdraw
40-22 water from the aquifer except as authorized by a permit issued by
40-23 the authority or by this article.
40-24 (b) A person holding a permit issued by the authority may
40-25 not violate the terms or conditions of the permit.
40-26 (c) A person may not waste water withdrawn from the aquifer.
40-27 (d) A person may not pollute or contribute to the pollution
41-1 of the aquifer.
41-2 (e) A person may not violate this article or a rule of the
41-3 authority adopted under this article.
41-4 SECTION 1.37. ENFORCEMENT. (a) The authority may enter
41-5 orders to enforce the terms and conditions of permits, orders, or
41-6 rules issued or adopted under this article.
41-7 (b) The authority by rule shall provide for the suspension
41-8 of a permit of any class for a failure to pay a required fee or a
41-9 violation of a permit condition or order of the authority or a rule
41-10 adopted by the authority.
41-11 SECTION 1.38. ADMINISTRATIVE PENALTY. (a) The authority
41-12 may assess an administrative penalty against a person who violates
41-13 this article or a rule adopted or permit or order issued under this
41-14 article in an amount of not less than $100 or more than $1,000 for
41-15 each violation and for each day of a continuing violation.
41-16 (b) In determining the amount of the penalty, the authority
41-17 shall consider:
41-18 (1) the history of previous violations;
41-19 (2) the amount necessary to deter future violations;
41-20 (3) efforts to correct the violation;
41-21 (4) enforcement costs relating to the violation; and
41-22 (5) any other matters that justice may require.
41-23 (c) If after an examination of the facts the authority
41-24 concludes that the person did commit a violation, the authority may
41-25 issue a preliminary report stating the facts on which it based its
41-26 conclusion, recommending that an administrative penalty under this
41-27 section be imposed, and recommending the amount of the proposed
42-1 penalty.
42-2 (d) The authority shall give written notice of the report to
42-3 the person charged with committing the violation. The notice must
42-4 include a brief summary of the facts, a statement of the amount of
42-5 the recommended penalty, and a statement of the person's right to
42-6 an informal review of the occurrence of the violation, the amount
42-7 of the penalty, or both.
42-8 (e) Not later than the 10th day after the date on which the
42-9 person charged with committing the violation receives the notice,
42-10 the person may either give the authority written consent to the
42-11 report, including the recommended penalty, or make a written
42-12 request for an informal review by the authority.
42-13 (f) If the person charged with committing the violation
42-14 consents to the penalty recommended by the authority or fails to
42-15 timely request an informal review, the authority shall assess the
42-16 penalty. The authority shall give the person written notice of its
42-17 action. The person shall pay the penalty not later than the 30th
42-18 day after the date on which the person receives the notice.
42-19 (g) If the person charged with committing a violation
42-20 requests an informal review as provided by Subsection (e) of this
42-21 section, the authority shall conduct the review. The authority
42-22 shall give the person written notice of the results of the review.
42-23 (h) Not later than the 10th day after the date on which the
42-24 person charged with committing the violation receives the notice
42-25 prescribed by Subsection (g) of this section, the person may make
42-26 to the authority a written request for a hearing.
42-27 (i) If, after informal review, a person who has been ordered
43-1 to pay a penalty fails to request a formal hearing in a timely
43-2 manner, the authority shall assess the penalty. The authority
43-3 shall give the person written notice of its action. The person
43-4 shall pay the penalty not later than the 30th day after the date on
43-5 which the person receives the notice.
43-6 (j) Except as provided by Subsection (k) of this section,
43-7 not later than the 30th day after the date on which the authority
43-8 issues a final decision after a hearing under Subsection (h) of
43-9 this section, a person who has been ordered to pay a penalty under
43-10 this section shall pay the penalty in full.
43-11 (k) If the person seeks judicial review of either the fact
43-12 of the occurrence of the violation or the amount of the penalty, or
43-13 of both, the person shall send the amount of the penalty to the
43-14 authority for placement in an escrow account or post with the
43-15 authority a supersedeas bond in a form approved by the authority
43-16 for the amount of the penalty. The bond must be effective until
43-17 all judicial review of the order or decision is final.
43-18 (l) Failure to forward the money to or to post the bond with
43-19 the authority within the period provided by Subsection (j) or (k)
43-20 of this section results in a waiver of all legal rights to judicial
43-21 review. If the person charged fails to forward the money or post
43-22 the bond within the period provided by Subsection (f), (i), (j), or
43-23 (k) of this section, the authority may forward the matter to the
43-24 attorney general for enforcement of the penalty and interest as
43-25 provided by law for legal judgments. An action to enforce a
43-26 penalty order under this section must be initiated in a court of
43-27 competent jurisdiction in Travis County or in the county in which
44-1 the violation occurred. The authority or the attorney general may
44-2 recover attorney fees in a suit filed under this subsection.
44-3 (m) Judicial review of an authority order or review under
44-4 this section assessing a penalty is under the substantial evidence
44-5 rule. A suit may be initiated by filing a petition with a district
44-6 court in Travis County.
44-7 (n) If a penalty is reduced or not assessed, the authority
44-8 shall remit to the person the appropriate amount plus accrued
44-9 interest if the penalty has been paid or shall execute a release of
44-10 the bond if a supersedeas bond has been posted. The accrued
44-11 interest on amounts remitted by the authority under this subsection
44-12 shall be paid at a rate equal to the rate provided by law for legal
44-13 judgments and shall be paid for the period beginning on the date
44-14 the penalty is paid to the authority under this section and ending
44-15 on the date the penalty is remitted.
44-16 (o) A penalty collected under this section shall be paid to
44-17 the authority.
44-18 SECTION 1.39. INJUNCTION BY AUTHORITY. The authority may
44-19 file a civil suit in a state district court for an injunction to
44-20 enforce this article or a rule adopted or permit or order issued
44-21 under this article. If the court determines that a person has
44-22 violated or threatens to violate this article or a rule adopted or
44-23 permit or order issued under this article, the court may enter an
44-24 injunction to enforce this article or the permit, order, or rule.
44-25 The authority may recover reasonable attorney fees in a suit under
44-26 this section.
44-27 SECTION 1.40. SUIT FOR MANDAMUS. The commission may file a
45-1 civil suit for an order of mandamus against the authority to compel
45-2 the authority to perform its duties under this article or to compel
45-3 the authority to enforce this article against a violator. The
45-4 commission may recover attorney fees from the authority in a suit
45-5 under this section.
45-6 SECTION 1.41. CIVIL PENALTY. (a) The commission or
45-7 authority may file a civil action in state district court for a
45-8 civil penalty for a violation of this article or a rule adopted or
45-9 permit or order issued under this article.
45-10 (b) The commission or authority may recover a civil penalty
45-11 of not less than $100 or more than $10,000 for each violation and
45-12 for each day of violation and attorney fees.
45-13 (c) A civil penalty or attorney fees collected by the
45-14 authority under this section shall be paid to the authority.
45-15 (d) A civil penalty or attorney fees collected by the
45-16 commission under this section shall be deposited to the credit of
45-17 the general revenue fund.
45-18 SECTION 1.42. REPEALER; TRANSFERS; RULES. (a) Chapter 99,
45-19 Acts of the 56th Legislature, Regular Session, 1959 (Article
45-20 8280-219, Vernon's Texas Civil Statutes), is repealed, and the
45-21 Edwards Underground Water District is abolished.
45-22 (b) All files and records of the Edwards Underground Water
45-23 District pertaining to control, management, and operation of the
45-24 district are transferred from the Edwards Underground Water
45-25 District to the authority on the effective date of this article.
45-26 (c) All real and personal property, leases, rights,
45-27 contracts, staff, and obligations of the Edwards Underground Water
46-1 District are transferred to the authority on the effective date of
46-2 this article.
46-3 (d) On September 1, 1993, all unobligated and unexpended
46-4 funds of the Edwards Underground Water District shall be
46-5 transferred to the authority.
46-6 (e) A rule adopted by the Edwards Underground Water District
46-7 before the effective date of this article that relates to
46-8 management or control of the aquifer is, on the effective date of
46-9 this article, a rule of the authority and remains in effect until
46-10 amended or repealed by the authority.
46-11 (f) The authority shall be automatically substituted for the
46-12 Edwards Underground Water District in any judicial or
46-13 administrative proceeding to which, on the effective date of this
46-14 article, the Edwards Underground Water District is a party.
46-15 SECTION 1.43. EFFECT ON OTHER DISTRICTS. (a) An
46-16 underground water conservation district other than the authority
46-17 may manage and control water that is a part of the aquifer after
46-18 the effective date of this article only as provided in this
46-19 section. This article does not affect a water reclamation or
46-20 conservation district that manages and controls only water from a
46-21 resource other than the aquifer.
46-22 (b) An underground water conservation district other than
46-23 the authority may manage and control water that is a part of the
46-24 aquifer to the extent that those management activities do not
46-25 conflict with and are not duplicative of this article or the rules
46-26 and orders of the authority.
46-27 (c) Except as otherwise provided by this article, the board
47-1 may delegate the powers and duties granted to it under this
47-2 article. The board shall delegate all or part of its powers or
47-3 duties to an underground water conservation district on the
47-4 district's request if the district demonstrates to the satisfaction
47-5 of the board that:
47-6 (1) the district has statutory powers necessary for
47-7 full enforcement of the rules and orders to be delegated;
47-8 (2) the district has implemented all rules and
47-9 policies necessary to fully implement the programs to be delegated;
47-10 and
47-11 (3) the district has implemented a system designed to
47-12 provide the authority with adequate information with which to
47-13 monitor the adequacy of the district's performance in enforcing
47-14 board rules and orders.
47-15 (d) In making the determination under Subsection (c) of this
47-16 section, the board may consider the district's past performance and
47-17 experience in enforcing powers and duties delegated to it by the
47-18 board. The board may deny a request for delegation of powers or
47-19 duties by a district if the district has previously had a
47-20 delegation terminated under Subsection (e) of this section.
47-21 (e) If the authority determines that a district has failed
47-22 adequately to enforce or implement any rules or orders delegated
47-23 under this section, the authority immediately shall provide to the
47-24 district notice that sets forth the reasons for its determination
47-25 and the actions that the district must take to retain the delegated
47-26 authority. Not later than the 10th day after the date the notice
47-27 is given, the district must demonstrate its commitment and ability
48-1 to take the actions set forth in the notice. If, at the end of the
48-2 10-day period, the authority does not find that the district will
48-3 adequately enforce its rules and orders, the authority immediately
48-4 shall resume full responsibility for implementation and enforcement
48-5 of those rules and orders. The authority shall provide to the
48-6 district notice that the delegation of authority to it has been
48-7 terminated. After the termination notice is given, the authority
48-8 of the district to manage or control water in the aquifer is
48-9 limited to the authority granted by Subsection (b) of this section.
48-10 SECTION 1.44. CREATION OF UNDERGROUND WATER CONSERVATION
48-11 DISTRICT. An underground water conservation district may be
48-12 created in any county affected by this article as provided by
48-13 Subchapter B, Chapter 52, Water Code.
48-14 ARTICLE 2
48-15 SECTION 2.01. DEFINITION. In this article, "district" means
48-16 the Uvalde County Underground Water Conservation District.
48-17 SECTION 2.02. VALIDATION. The creation of the district and
48-18 all resolutions, orders, and other acts or attempted acts of the
48-19 board of directors of the district are validated in all respects.
48-20 The creation of the district and all resolutions, orders, and other
48-21 acts or attempted acts of the board of directors of the district
48-22 are valid as though they originally had been legally authorized or
48-23 accomplished.
48-24 SECTION 2.03. BOUNDARIES. Pursuant to the petition to the
48-25 Commissioners Court of Uvalde County, Texas, requesting the
48-26 creation of the district, the district includes the territory
48-27 contained within the boundaries of Uvalde County.
49-1 SECTION 2.04. FINDING OF BENEFIT. All the land and other
49-2 property included within the boundaries of the district will be
49-3 benefitted by the validation of the district.
49-4 SECTION 2.05. POWERS. (a) The district has all of the
49-5 rights, powers, privileges, authority, functions, and duties
49-6 provided by the general law of the state, including Chapters 50 and
49-7 52, Water Code, applicable to underground water conservation
49-8 districts created under Article XVI, Section 59, of the Texas
49-9 Constitution. This article prevails over any provision of general
49-10 law that is in conflict or inconsistent with this article.
49-11 (b) The district may develop and implement a drought
49-12 response plan, with reasonable rules, using water levels as
49-13 observed in the Uvalde Index Well YP-69-50-302.
49-14 (c) The rights, powers, privileges, authority, functions,
49-15 and duties of the district are subject to the continuing right of
49-16 supervision of the state to be exercised by and through the Texas
49-17 Water Commission.
49-18 SECTION 2.06. LEVY OF TAXES. The levy and collection of
49-19 taxes by the district is governed by Subchapter H, Chapter 52,
49-20 Water Code, except that the district may not levy a maintenance and
49-21 operating tax at a rate that exceeds two cents per $100 assessed
49-22 valuation unless an election held in the district authorizes a
49-23 higher rate.
49-24 SECTION 2.07. PENDING LITIGATION. This article does not
49-25 apply to or affect litigation pending on the effective date of this
49-26 article in any court of competent jurisdiction in this state to
49-27 which the district is a party.
50-1 ARTICLE 3
50-2 SECTION 3.01. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
50-3 (a) The proper and legal notice of the intention to introduce this
50-4 Act, setting forth the general substance of this Act, has been
50-5 published as provided by law, and the notice and a copy of this Act
50-6 have been furnished to all persons, agencies, officials, or
50-7 entities to which they are required to be furnished by the
50-8 constitution and other laws of this state, including the governor,
50-9 who has submitted the notice and Act to the Texas Water Commission.
50-10 (b) The Texas Water Commission has filed its recommendations
50-11 relating to this Act with the governor, lieutenant governor, and
50-12 speaker of the house of representatives within the required time.
50-13 (c) All requirements of the constitution and laws of this
50-14 state and the rules and procedures of the legislature with respect
50-15 to the notice, introduction, and passage of this Act are fulfilled
50-16 and accomplished.
50-17 SECTION 3.02. EFFECTIVE DATES. This Act takes effect
50-18 September 1, 1993; except Section 1.36 of Article 1 takes effect
50-19 March 1, 1994.
50-20 SECTION 3.03. EMERGENCY. The importance of this legislation
50-21 and the crowded condition of the calendars in both houses create an
50-22 emergency and an imperative public necessity that the
50-23 constitutional rule requiring bills to be read on three several
50-24 days in each house be suspended, and this rule is hereby suspended.