S.B. No. 1477
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 administrative 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) "Augmentation" means an act or process to increase
2-21 the amount of water available for use or springflow.
2-22 (3) "Authority" means the Edwards Aquifer Authority.
2-23 (4) "Beneficial use" means the use of the amount of
2-24 water that is economically necessary for a purpose authorized by
2-25 law, when reasonable intelligence and reasonable diligence are used
2-26 in applying the water to that purpose.
2-27 (5) "Board" means the board of directors of the
3-1 authority.
3-2 (6) "Commission" means the Texas Natural Resource
3-3 Conservation Commission.
3-4 (7) "Conservation" means any measure that would
3-5 sustain or enhance water supply.
3-6 (8) "Diversion" means the removal of state water from
3-7 a watercourse or impoundment.
3-8 (9) "Domestic or livestock use" means use of water
3-9 for:
3-10 (A) drinking, washing, or culinary purposes;
3-11 (B) irrigation of a family garden or orchard the
3-12 produce of which is for household consumption only; or
3-13 (C) watering of animals.
3-14 (10) "Existing user" means a person who has withdrawn
3-15 and beneficially used underground water from the aquifer on or
3-16 before June 1, 1993.
3-17 (11) "Industrial use" means the use of water for or in
3-18 connection with commercial or industrial activities, including
3-19 manufacturing, bottling, brewing, food processing, scientific
3-20 research and technology, recycling, production of concrete,
3-21 asphalt, and cement, commercial uses of water for tourism,
3-22 entertainment, and hotel or motel lodging, generation of power
3-23 other than hydroelectric, and other business activities.
3-24 (12) "Irrigation use" means the use of water for the
3-25 irrigation of pastures and commercial crops, including orchards.
3-26 (13) "Livestock" means animals, beasts, or poultry
3-27 collected or raised for pleasure, recreational use, or commercial
4-1 use.
4-2 (14) "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 (15) "Order" means any written directive carrying out
4-25 the powers and duties of the authority under this article.
4-26 (16) "Person" means an individual, corporation,
4-27 organization, government or governmental subdivision or agency,
5-1 business trust, estate, trust, partnership, association, and any
5-2 other legal entity.
5-3 (17) "Pollution" means the alteration of the physical,
5-4 thermal, chemical, or biological quality of any water in the state,
5-5 or the contamination of any water in the state, that renders the
5-6 water harmful, detrimental, or injurious to humans, animal life,
5-7 vegetation, property, or public health, safety, or welfare or that
5-8 impairs the usefulness of the public enjoyment of the water for any
5-9 lawful or reasonable purpose.
5-10 (18) "Recharge" means increasing the supply of water
5-11 to the aquifer by naturally occurring channels or artificial means.
5-12 (19) "Reuse" means authorized use for one or more
5-13 beneficial purposes of use of water that remains unconsumed after
5-14 the water is used for the original purpose of use and before the
5-15 water is discharged or otherwise allowed to flow into a
5-16 watercourse, lake, or other body of state-owned water.
5-17 (20) "Underground water" has the meaning assigned by
5-18 Section 52.001, Water Code.
5-19 (21) "Waste" means:
5-20 (A) withdrawal of underground water from the
5-21 aquifer at a rate and in an amount that causes or threatens to
5-22 cause intrusion into the reservoir of water unsuitable for
5-23 agricultural, gardening, domestic, or stock raising purposes;
5-24 (B) the flowing or producing of wells from the
5-25 aquifer if the water produced is not used for a beneficial purpose;
5-26 (C) escape of underground water from the aquifer
5-27 to any other reservoir that does not contain underground water;
6-1 (D) pollution or harmful alteration of
6-2 underground water in the aquifer by salt water or other deleterious
6-3 matter admitted from another stratum or from the surface of the
6-4 ground;
6-5 (E) wilfully or negligently causing, suffering,
6-6 or permitting underground water from the aquifer to escape into any
6-7 river, creek, natural watercourse, depression, lake, reservoir,
6-8 drain, sewer, street, highway, road, or road ditch, or onto any
6-9 land other than that of the owner of the well unless such discharge
6-10 is authorized by permit, rule, or order issued by the commission
6-11 under Chapter 26, Water Code;
6-12 (F) underground water pumped from the aquifer
6-13 for irrigation that escapes as irrigation tailwater onto land other
6-14 than that of the owner of the well unless permission has been
6-15 granted by the occupant of the land receiving the discharge; or
6-16 (G) for water produced from an artesian well,
6-17 "waste" has the meaning assigned by Section 11.205, Water Code.
6-18 (22) "Well" means a bored, drilled, or driven shaft or
6-19 an artificial opening in the ground made by digging, jetting, or
6-20 some other method where the depth of the shaft or opening is
6-21 greater than its largest surface dimension, but does not include a
6-22 surface pit, surface excavation, or natural depression.
6-23 (23) "Well J-17" means state well number AY-68-37-203
6-24 located in Bexar County.
6-25 (24) "Well J-27" means state well number YP-69-50-302
6-26 located in Uvalde County.
6-27 (25) "Withdrawal" means an act or a failure to act
7-1 that results in taking water from the aquifer by or through
7-2 man-made facilities, including pumping, withdrawing, or diverting
7-3 underground water.
7-4 SECTION 1.04. BOUNDARIES. The authority includes the
7-5 territory contained within the following area:
7-6 (1) all of the areas of Bexar, Medina, and Uvalde
7-7 counties;
7-8 (2) all of the area of Comal County, except that
7-9 portion of the county that lies North of the North line through the
7-10 county of Subdivision No. 1 of the Underground Water Reservoir in
7-11 the Edwards Limestone, Balcones escarpment area, as defined by the
7-12 order of the Board of Water Engineers dated January 10, 1957;
7-13 (3) the part of Caldwell County beginning with the
7-14 intersection of Hays County Road 266 and the San Marcos River;
7-15 THENCE southeast along the San Marcos River to the point of
7-16 intersection of Caldwell, Guadalupe, and Gonzales counties;
7-17 THENCE southeast along the Caldwell-Gonzales County line to
7-18 its intersection with U.S. Highway 183;
7-19 THENCE north along U.S. Highway 183 to its intersection with
7-20 State Highway 21;
7-21 THENCE southwest along State Highway 21 to its intersection
7-22 with Hays County Road 266;
7-23 THENCE southwest along Hays County Road 266 to the place of
7-24 beginning;
7-25 (4) the part of Hays County beginning on the northwest
7-26 line of the R. B. Moore Survey, Abstract 412, in Comal County where
7-27 it crosses the Comal County-Hays County line northeast along the
8-1 northwest line of said Survey to the northeast corner of said
8-2 Survey in Hays County, Texas;
8-3 THENCE southeast in Hays County, Texas across the Jas.
8-4 Deloach Survey, Abstract 878, to the most westerly northwest corner
8-5 of the Presidio Irrigation Co. Survey, Abstract 583;
8-6 THENCE northeast along the northwest line of said Survey to
8-7 its most northerly northwest corner;
8-8 THENCE continuing in the same line across the R.S. Clayton
8-9 Survey 2, Block 742, to the west line of the H. & G. N. RR. Co.
8-10 Survey 1, Abstract 668;
8-11 THENCE north along the west line of said Survey to its
8-12 northwest corner;
8-13 THENCE east along the north line of said Survey to its
8-14 northeast corner;
8-15 THENCE northeast across the David Wilson Survey 83, Abstract
8-16 476, to the southeast corner of the F. W. Robertson Survey 71,
8-17 Abstract 385;
8-18 THENCE north along the east line of said Survey to the
8-19 southwest corner of the Benjamin Weed Survey 72, Abstract 483;
8-20 THENCE east along the south line of said Survey to its
8-21 southeast corner;
8-22 THENCE northeast across the William Gray Survey 73, Abstract
8-23 92, and the Murray Bailey Survey 75, Abstract 42, to the southwest
8-24 corner of the D.Holderman Survey 33, Abstract 225;
8-25 THENCE north along the west line of said Survey to its
8-26 northwest corner;
8-27 THENCE continuing in the same line to the north line of the
9-1 Day Land & Cattle Co. Survey 672;
9-2 THENCE west along said north line of said Survey to its
9-3 northwest corner, which is in the east line of the Jesse Williams
9-4 Survey 4 to the northeast corner of said Survey;
9-5 THENCE west along the north line of said Survey to the
9-6 Southwest corner of the Amos Singleton Survey 106, Abstract 410;
9-7 THENCE north along the west lines of said Amos Singleton
9-8 Survey 106 and the Watkins Nobles Survey 107, Abstract 346, to the
9-9 northwest corner of said Watkins Nobles Survey 107;
9-10 THENCE east along the north line of said Survey to the
9-11 southwest corner of the Jesusa Perez Survey 14, Abstract 363;
9-12 THENCE north along the west line of said Jesusa Perez Survey
9-13 14 to its northwest corner;
9-14 THENCE east along the north line of said Survey to its
9-15 northeast corner;
9-16 THENCE, south along the east line of said Survey for a
9-17 distance of approximately 10,000 feet to its intersection with
9-18 Ranch Road 150;
9-19 THENCE, east by southeast along Ranch Road 150 approximately
9-20 24,500 feet to its intersection with the southern boundary line of
9-21 the Andrew Dunn Survey 9, Abstract 4;
9-22 THENCE, east along the south line of said survey as it
9-23 extends and becomes the southern boundary line of the Morton M.
9-24 McCarver Survey 4, Abstract 10, for a distance of approximately
9-25 7,000 feet to its intersection with Ranch Road 2770;
9-26 THENCE, south on Ranch Road 2770 for a distance of
9-27 approximately 400 feet to its intersection with Farm-to-Market Road
10-1 171;
10-2 THENCE, east along Farm-to-Market Road 171 for a distance of
10-3 approximately 10,500 feet to its intersection with Farm-to-Market
10-4 Road 25;
10-5 THENCE, north by northeast along Farm-to-Market Road 25 for a
10-6 distance of approximately 3,100 feet to its intersection with
10-7 Farm-to-Market Road 131;
10-8 THENCE, east by southeast along Farm-to-Market Road 131 for a
10-9 distance of approximately 3,000 feet to its intersection with the
10-10 east line of the Thomas G. Allen Survey, Abstract 26;
10-11 THENCE south along the east line of said Thomas G. Allen
10-12 Survey to the most northerly northwest corner of the Elisha Pruett
10-13 Survey 23, Abstract 376;
10-14 THENCE southwest along a west line of said Elisha Pruett
10-15 Survey 23 to the west corner of said Survey;
10-16 THENCE southeast along the southwest line of said Survey to
10-17 the north corner of the John Stewart Survey, Abstract 14;
10-18 THENCE southwest along the northwest line of said John
10-19 Stewart Survey to its west corner;
10-20 THENCE continuing in the same line to the most northerly
10-21 southwest line of the John Jones Survey, Abstract 263;
10-22 THENCE southeast along said southwest line to an interior
10-23 corner of said John Jones Survey;
10-24 THENCE southwest along the most southerly northwest line of
10-25 said Survey to the southwest corner of said Survey;
10-26 THENCE southeast along the south line of said Survey to the
10-27 north corner of the James W. Williams Survey 11, Abstract 473;
11-1 THENCE southwest along the northwest line of said James W.
11-2 Williams Survey 11 to its west corner;
11-3 THENCE southeast along the southwest line of said Survey to
11-4 the north right-of-way line of the I. & G. N. RR.;
11-5 THENCE southwest along said right-of-way of said I. & G. N.
11-6 RR. to the Hays County-Comal County line;
11-7 THENCE south along said county line to the northwest line of
11-8 the R. B. Moore Survey, Abstract 412, in Hays County where it
11-9 crosses the Hays County-Comal County line;
11-10 (5) all of the territory of Hays County contained
11-11 within the following described area:
11-12 Beginning on the most southern point of Hays County at the
11-13 intersection of Hays, Comal, and Guadalupe Counties; then
11-14 continuing in a northeasterly direction along the Hays-Guadalupe
11-15 county line to its intersection with the Hays-Caldwell county line;
11-16 then continuing along the Hays-Caldwell county line to an
11-17 intersection with Farm-to-Market Road 150; then continuing in a
11-18 northwesterly direction along Farm-to-Market Road 150 to the
11-19 intersection with the existing southern boundary of the part of
11-20 Hays County described in Subdivision (4) of this section; then
11-21 continuing in a southwesterly direction along the existing southern
11-22 boundary of the part of Hays County described in Subdivision (4) of
11-23 this section to the intersection with the Hays-Comal county line;
11-24 then continuing in a southerly direction along the Hays-Comal
11-25 county line to the point of beginning;
11-26 (6) the part of Guadalupe County beginning at the
11-27 Guadalupe County-Caldwell County-Hays County line at the San Marcos
12-1 River in the northeast corner of Guadalupe County, Texas.
12-2 THENCE southwest along the Guadalupe County-Hays County line
12-3 to the intersect of the Guadalupe County-Hays County-Comal County
12-4 line.
12-5 THENCE southwest along the Guadalupe County-Comal County line
12-6 to the intersect of the Guadalupe County-Comal County-Bexar County
12-7 intersect at the Cibolo creek.
12-8 THENCE south along the Guadalupe County-Bexar County line
12-9 along the Cibolo creek to the intersect of the Guadalupe
12-10 County-Bexar County-Wilson County line.
12-11 THENCE south along the Guadalupe County-Wilson County line
12-12 along the Cibolo creek to the intersect and crossing of Guadalupe
12-13 County Road 417.
12-14 THENCE east along Guadalupe County Road 417 to the intersect
12-15 of Guadalupe County Road 417 and Guadalupe County Road 412.
12-16 THENCE northeast along Guadalupe County Road 412 to the
12-17 intersect of Guadalupe County Road 412 and Guadalupe County Road
12-18 411 A.
12-19 THENCE east along Guadalupe County Road 411 A to the
12-20 intersect of Guadalupe County Road 411 A and Farm-to-Market road
12-21 number 725.
12-22 THENCE north along Farm-to-Market Road 725 to the intersect
12-23 of Farm-to-Market Road 725 and Interstate Highway 10.
12-24 THENCE east along Interstate Highway 10 to the intersect of
12-25 Interstate Highway 10 and State Highway 90.
12-26 THENCE east along State Highway 90 to the Guadalupe
12-27 County-Caldwell County line at the San Marcos river.
13-1 THENCE northwest along the Guadalupe County-Caldwell County
13-2 line along the San Marcos river to the place of beginning; and
13-3 (7) the part of Atascosa County beginning on the north
13-4 line of the Robt. C. Rogers Survey, at the Bexar County-Atascosa
13-5 County line, to its northwest corner, which is the northeast corner
13-6 of the F. Brockinzen Survey, Abstract 86;
13-7 THENCE south along the east line of said Survey passing
13-8 through its southeast corner and continuing south along the east
13-9 line of the F. Brockinzen Survey, Abstract 90, to its southeast
13-10 corner;
13-11 THENCE west along the south line of said survey to its
13-12 southwest corner;
13-13 THENCE north along the west line of said F. Brockinzen Survey
13-14 to the southeast corner of the B. Bonngartner Survey, Abstract 87;
13-15 THENCE west along the south line of said B. Bonngartner
13-16 Survey passing through its southwest corner and continuing along
13-17 the south line of the J. B. Goettlemann Survey, Abstract 309, to
13-18 the Atascosa County-Medina County line;
13-19 THENCE north along the Atascosa County-Medina County line to
13-20 the Bexar County line;
13-21 THENCE east along the Atascosa County-Bexar County Line to
13-22 the place of beginning.
13-23 SECTION 1.05. FINDINGS RELATING TO BOUNDARIES. The
13-24 legislature finds that the boundaries and field notes of the
13-25 authority form a closure. A mistake in the field notes or in
13-26 copying the field notes in the legislative process does not affect
13-27 the organization, existence, or validity of the district or the
14-1 legality or operation of the district or its governing body.
14-2 SECTION 1.06. FINDING OF BENEFIT. (a) The legislature
14-3 finds that the water in the unique underground system of
14-4 water-bearing formations known as the Edwards-Balcones Fault Zone
14-5 Aquifer has a hydrologic interrelationship to the Guadalupe, San
14-6 Antonio, San Marcos, Comal, Frio, and Nueces river basins, is the
14-7 primary source of water for the residents of the region, and is
14-8 vital to the general economy and welfare of this state. The
14-9 legislature finds that it is necessary, appropriate, and a benefit
14-10 to the welfare of this state to provide for the management of the
14-11 aquifer through the application of management mechanisms consistent
14-12 with our legal system and appropriate to the aquifer system.
14-13 (b) The legislature further finds that the state will be
14-14 benefitted by exercise of the powers of the authority and by the
14-15 works and projects that are to be accomplished by the authority
14-16 under powers conferred by Article XVI, Section 59, of the Texas
14-17 Constitution. The authority is created to serve a public use and
14-18 benefit.
14-19 SECTION 1.07. OWNERSHIP OF UNDERGROUND WATER. The ownership
14-20 and rights of the owner of the land and the owner's lessees and
14-21 assigns, including holders of recorded liens or other security
14-22 interests in the land, in underground water and the contract rights
14-23 of any person who purchases water for the provision of potable
14-24 water to the public or for the resale of potable water to the
14-25 public for any use are recognized. However, action taken pursuant
14-26 to this Act may not be construed as depriving or divesting the
14-27 owner or the owner's lessees and assigns, including holders of
15-1 recorded liens or other security interests in the land, of these
15-2 ownership rights or as impairing the contract rights of any person
15-3 who purchases water for the provision of potable water to the
15-4 public or for the resale of potable water to the public for any
15-5 use, subject to the rules adopted by the authority or a district
15-6 exercising the powers provided by Chapter 52, Water Code. The
15-7 legislature intends that just compensation be paid if
15-8 implementation of this article causes a taking of private property
15-9 or the impairment of a contract in contravention of the Texas or
15-10 federal constitution.
15-11 SECTION 1.08. GENERAL POWERS. (a) The authority has all of
15-12 the powers, rights, and privileges necessary to manage, conserve,
15-13 preserve, and protect the aquifer and to increase the recharge of,
15-14 and prevent the waste or pollution of water in, the aquifer. The
15-15 authority has all of the rights, powers, privileges, authority,
15-16 functions, and duties provided by the general law of this state,
15-17 including Chapters 50, 51, and 52, Water Code, applicable to an
15-18 authority created under Article XVI, Section 59, of the Texas
15-19 Constitution. This article prevails over any provision of general
15-20 law that is in conflict or inconsistent with this article regarding
15-21 the area of the authority's jurisdiction.
15-22 (b) The authority's powers regarding underground water apply
15-23 only to underground water within or withdrawn from the aquifer.
15-24 This subsection is not intended to allow the authority to regulate
15-25 surface water.
15-26 (c) The authority and local governments with pollution
15-27 control powers provided under Subchapters D and E, Chapter 26,
16-1 Water Code, in order to prevent pollution and enforce water quality
16-2 standards in the counties included within the authority's
16-3 boundaries and within a buffer zone that includes all of the area
16-4 less than five miles outside of those counties, shall apply
16-5 pollution control regulations equally and uniformly throughout the
16-6 area within the counties and the buffer zone. The buffer zone does
16-7 not include the territory within a water management district
16-8 created under Chapter 654, Acts of the 71st Legislature, Regular
16-9 Session, 1989.
16-10 SECTION 1.09. BOARD OF DIRECTORS. (a) The authority is
16-11 governed by a board of nine directors.
16-12 (b) The board consists of:
16-13 (1) a member appointed by the South Central Texas
16-14 Water Advisory Committee created by this Act;
16-15 (2) three residents of Bexar County, with two
16-16 residents appointed by the governing body of the city of San
16-17 Antonio and one resident appointed by the Commissioners Court of
16-18 Bexar County to represent cities and communities in the county
16-19 other than the city of San Antonio;
16-20 (3) one resident of Comal County or the city of New
16-21 Braunfels appointed by the Commissioners Court of Comal County;
16-22 (4) one resident of Hays County appointed by the
16-23 governing body of the city of San Marcos;
16-24 (5) one resident of Medina County appointed by the
16-25 governing body of the Medina Underground Water Conservation
16-26 District;
16-27 (6) one resident of Uvalde County appointed by the
17-1 governing body of the Uvalde Underground Water Conservation
17-2 District; and
17-3 (7) one person appointed in rotation who is from
17-4 Atascosa, Medina, or Uvalde counties, with that person appointed by
17-5 the governing body of the Evergreen Underground Water District, by
17-6 the Medina Underground Water Conservation District, or by the
17-7 Uvalde County Underground Water Conservation District, with the
17-8 person appointed by the Evergreen Underground Water District
17-9 serving the first term, followed by a person appointed by the
17-10 Medina Underground Water Conservation District to serve the second
17-11 term, followed by a person appointed by the Uvalde County
17-12 Underground Water Conservation District to serve the third term,
17-13 and rotating in that order of appointment for subsequent terms.
17-14 (c) The Commissioners Court of Bexar County and the
17-15 governing body of the city of San Antonio shall make appointments
17-16 under Subsection (b) of this section that accurately reflect the
17-17 ethnic composition of the population of Bexar County.
17-18 (d) The initial directors of the board shall draw lots to
17-19 determine their terms. Four initial directors serve terms that
17-20 expire June 1, 1995. Five initial directors serve terms that
17-21 expire June 1, 1997. Subsequent directors shall be appointed to
17-22 serve staggered four-year terms, the appropriate number of which
17-23 expire June 1 of each odd-numbered year.
17-24 (e) At the initial meeting of the board, the members shall
17-25 select one member to serve as presiding officer. The presiding
17-26 officer serves a term set by rule of the board not to exceed four
17-27 years. An act of the board is not valid unless adopted by the
18-1 affirmative vote of a majority of the members of the board.
18-2 (f) A board member receives no compensation for service on
18-3 the board but is entitled to reimbursement for actual and necessary
18-4 expenses incurred in the performance of the member's duties.
18-5 (g) A board member shall hold office until a successor has
18-6 been selected and approved and has qualified by taking the oath of
18-7 office.
18-8 (h) If a vacancy on the board occurs, the governing body
18-9 that appointed the vacating member shall appoint another person
18-10 having the same qualifications required of the vacating member to
18-11 serve the unexpired portion of the vacating member's term.
18-12 SECTION 1.10. SOUTH CENTRAL TEXAS WATER ADVISORY COMMITTEE.
18-13 (a) The South Central Texas Water Advisory Committee shall advise
18-14 the board on downstream water rights and issues. The advisory
18-15 committee consists of one member appointed by the governing body of
18-16 each of the following counties and municipalities, except that
18-17 Atascosa County may not have a representative on the
18-18 advisory committee when the county has a representative member on
18-19 the board:
18-20 (1) Atascosa;
18-21 (2) Caldwell;
18-22 (3) Calhoun;
18-23 (4) Comal;
18-24 (5) DeWitt;
18-25 (6) Goliad;
18-26 (7) Gonzales;
18-27 (8) Guadalupe;
19-1 (9) Hays;
19-2 (10) Karnes;
19-3 (11) Medina;
19-4 (12) Nueces;
19-5 (13) Refugio;
19-6 (14) San Patricio;
19-7 (15) Uvalde;
19-8 (16) Victoria;
19-9 (17) Wilson;
19-10 (18) the City of San Antonio;
19-11 (19) the City of Victoria; and
19-12 (20) the City of Corpus Christi.
19-13 (b) A member must be a resident or qualified voter of or
19-14 engaged in business in a county all or part of which is included in
19-15 the member's area of representation.
19-16 (c) The reimbursement of an advisory committee member for
19-17 expenses is on the same terms as the reimbursement of board
19-18 members. An advisory committee member is not entitled to
19-19 compensation.
19-20 (d) An advisory committee member holds office until a
19-21 successor is appointed.
19-22 (e) The authority shall send to each advisory committee
19-23 member all the communications of the authority that are extended to
19-24 board members and may participate in board meetings to represent
19-25 downstream water supply concerns and assist in solutions to those
19-26 concerns. Advisory committee members may not vote on a board
19-27 decision.
20-1 (f) The advisory committee by resolution may request the
20-2 board to reconsider any board action that is considered
20-3 prejudicial to downstream water interests. If the board review
20-4 does not result in a resolution satisfactory to the advisory
20-5 committee, the advisory committee by resolution may request the
20-6 commission to review the action. The commission shall review the
20-7 action and may make a recommendation to the board. If the board
20-8 determines that the board's action is contrary to an action of the
20-9 commission affecting downstream interests, the board shall reverse
20-10 itself.
20-11 (g) The advisory committee shall meet to organize and elect
20-12 a presiding officer.
20-13 (h) The presiding officer of the advisory committee shall
20-14 submit a report assessing the effectiveness of the authority to the
20-15 commission and the authority by March 31 of each even-numbered
20-16 year. The report must assess the effect on downstream water rights
20-17 of the management of the aquifer. The authority shall consider the
20-18 report in managing the authority's affairs.
20-19 (i) The advisory committee's duties include:
20-20 (1) assisting the authority in developing the
20-21 authority's demand management plan for the county that the
20-22 representative represents;
20-23 (2) assisting the authority to implement the demand
20-24 management plan; and
20-25 (3) performing other duties requested by the board
20-26 that the representative may practicably perform.
20-27 SECTION 1.11. GENERAL POWERS AND DUTIES OF THE BOARD AND
21-1 AUTHORITY. (a) The board shall adopt rules necessary to carry out
21-2 the authority's powers and duties under this article, including
21-3 rules governing procedures of the board and authority.
21-4 (b) The authority shall ensure compliance with permitting,
21-5 metering, and reporting requirements and shall regulate permits.
21-6 (c) The authority may issue orders to enforce this article
21-7 or its rules.
21-8 (d) The authority may:
21-9 (1) issue or administer grants, loans, or other
21-10 financial assistance to water users for water conservation and
21-11 water reuse;
21-12 (2) enter into contracts;
21-13 (3) sue and be sued in its own name;
21-14 (4) receive gifts, grants, awards, and loans for use
21-15 in carrying out its powers and duties;
21-16 (5) hire an executive director to be the chief
21-17 administrator of the authority and other employees as necessary to
21-18 carry out its powers and duties;
21-19 (6) delegate the power to hire employees to the
21-20 executive director of the authority;
21-21 (7) own real and personal property;
21-22 (8) close abandoned, wasteful, or dangerous wells;
21-23 (9) hold permits under state law or under federal law
21-24 pertaining to the Endangered Species Act of 1973 (16 U.S.C. Section
21-25 1531 et seq.) and its amendments;
21-26 (10) enforce Chapter 32, Water Code, and commission
21-27 rules adopted under that Act within the authority's boundaries; and
22-1 (11) require to be furnished to the authority water
22-2 well drillers' logs that are required by Chapter 32, Water Code, to
22-3 be kept and furnished to the commission.
22-4 (e) The authority shall make a good faith effort to award to
22-5 minority-owned and women-owned businesses contracts issued under
22-6 the powers and duties granted under this section in the amount of
22-7 20 percent of the total amount of those contracts. Not later than
22-8 October 31 of every even-numbered year, the authority shall file
22-9 with the governor and each house of the legislature a written
22-10 report containing the following information for the previous two
22-11 years for all businesses, for minority-owned and women-owned
22-12 businesses classified by minority group and within each minority
22-13 group classification, by gender, the total number of contracts
22-14 issued by the authority; the total dollar amount of those
22-15 contracts; and the total number of businesses submitting bids or
22-16 proposals relating to such contracts and to the purpose of such
22-17 contracts. In this subsection:
22-18 (1) "Minority-owned business" means a business entity
22-19 at least 51 percent of which is owned by members of a minority
22-20 group or, in the case of a corporation, at least 51 percent of the
22-21 shares of which are owned by members of a minority group, and that
22-22 is managed and controlled by members of a minority group in its
22-23 daily operations.
22-24 (2) "Minority group" includes:
22-25 (A) African Americans;
22-26 (B) American Indians;
22-27 (C) Asian Americans; and
23-1 (D) Mexican Americans and other Americans of
23-2 Hispanic origin.
23-3 (3) "Women-owned business" means a business entity at
23-4 least 51 percent of which is owned by women or, in the case of a
23-5 corporation, at least 51 percent of the shares of which are owned
23-6 by women, and that is managed and controlled by women in its daily
23-7 operations.
23-8 (f) The authority may contract with a person who uses water
23-9 from the aquifer for the authority or that person to construct,
23-10 operate, own, finance, and maintain water supply facilities.
23-11 Management fees or special fees may not be used for purchasing or
23-12 operating these facilities. For the purpose of this subsection,
23-13 "water supply facility" includes a dam, reservoir, treatment
23-14 facility, transmission facility, or recharge project.
23-15 (g) The authority has the power of eminent domain. The
23-16 authority may not acquire rights to underground water by the power
23-17 of eminent domain.
23-18 (h) The authority is subject to the open meetings law,
23-19 Chapter 271, Acts of the 60th Legislature, Regular Session, 1967
23-20 (Article 6252-17, Vernon's Texas Civil Statutes), the open records
23-21 law, Chapter 424, Acts of the 63rd Legislature, Regular Session,
23-22 1973 (Article 6252-17a, Vernon's Texas Civil Statutes), and the
23-23 Administrative Procedure and Texas Register Act (Article 6252-13a,
23-24 Vernon's Texas Civil Statutes).
23-25 SECTION 1.12. SUNSET COMMISSION REVIEW. (a) The board is
23-26 subject to review under Chapter 325, Government Code (Texas Sunset
23-27 Act), but may not be abolished under that Act. The review shall be
24-1 conducted as if the board were scheduled to be abolished September
24-2 1, 2005.
24-3 (b) Unless members of the board are continued in office
24-4 after the review, their membership expires September 1, 2005.
24-5 (c) When the membership of the board of directors expires
24-6 under Subsection (b) of this section, a new board of directors
24-7 shall be appointed as provided by this article, with each new
24-8 member serving for the unexpired term of the member's predecessor.
24-9 A member whose membership has expired under Subsection (b) is not
24-10 eligible for reappointment under this subsection.
24-11 SECTION 1.13. REUSE AUTHORIZED. Any regulation of the
24-12 withdrawal of water from the aquifer must allow for credit to be
24-13 given for certified reuse of the water. For regulatory credit, the
24-14 authority or a local underground water conservation district must
24-15 certify:
24-16 (1) the lawful use and reuse of aquifer water;
24-17 (2) the amount of aquifer water to be used; and
24-18 (3) the amount of aquifer withdrawals replaced by
24-19 reuse.
24-20 SECTION 1.14. WITHDRAWALS. (a) Authorizations to withdraw
24-21 water from the aquifer and all authorizations and rights to make a
24-22 withdrawal under this Act shall be limited in accordance with this
24-23 section to:
24-24 (1) protect the water quality of the aquifer;
24-25 (2) protect the water quality of the surface streams
24-26 to which the aquifer provides springflow;
24-27 (3) achieve water conservation;
25-1 (4) maximize the beneficial use of water available for
25-2 withdrawal from the aquifer;
25-3 (5) protect aquatic and wildlife habitat;
25-4 (6) protect species that are designated as threatened
25-5 or endangered under applicable federal or state law; and
25-6 (7) provide for instream uses, bays, and estuaries.
25-7 (b) Except as provided by Subsections (d), (f), and (h) of
25-8 this section and Section 1.26 of this article, for the period
25-9 ending December 31, 2007, the amount of permitted withdrawals from
25-10 the aquifer may not exceed 450,000 acre-feet of water for each
25-11 calendar year.
25-12 (c) Except as provided by Subsections (d), (f), and (h) of
25-13 this section and Section 1.26 of this article, for the period
25-14 beginning January 1, 2008, the amount of permitted withdrawals from
25-15 the aquifer may not exceed 400,000 acre-feet of water for each
25-16 calendar year.
25-17 (d) If, through studies and implementation of water
25-18 management strategies, including conservation, springflow
25-19 augmentation, diversions downstream of the springs, reuse,
25-20 supplemental recharge, conjunctive management of surface and
25-21 subsurface water, and drought management plans, the authority
25-22 determines that additional supplies are available from the aquifer,
25-23 the authority, in consultation with appropriate state and federal
25-24 agencies, may review and may increase the maximum amount of
25-25 withdrawals provided by this section and set a different maximum
25-26 amount of withdrawals.
25-27 (e) The authority may not allow withdrawals from the aquifer
26-1 through wells drilled after June 1, 1993, except additional water
26-2 as provided by Subsection (d) and then on an interruptible basis.
26-3 (f) If the level of the aquifer is equal to or greater than
26-4 650 feet above mean sea level as measured at Well J-17, the
26-5 authority may authorize withdrawal from the San Antonio pool, on an
26-6 uninterruptible basis, of permitted amounts. If the level of the
26-7 aquifer is equal to or greater than 845 feet at Well J-27, the
26-8 authority may authorize withdrawal from the Uvalde pool, on an
26-9 uninterruptible basis, of permitted amounts. The authority shall
26-10 limit the additional withdrawals to ensure that springflows are not
26-11 affected during critical drought conditions.
26-12 (g) The authority by rule may define other pools within the
26-13 aquifer, in accordance with hydrogeologic research, and may
26-14 establish index wells for any pool to monitor the level of the
26-15 aquifer to aid the regulation of withdrawals from the pools.
26-16 (h) To accomplish the purposes of this article, by June 1,
26-17 1994, the authority, through a program, shall implement and enforce
26-18 water management practices, procedures, and methods to ensure that,
26-19 not later than December 31, 2012, the continuous minimum
26-20 springflows of the Comal Springs and the San Marcos Springs are
26-21 maintained to protect endangered and threatened species to the
26-22 extent required by federal law. The authority from time to time as
26-23 appropriate may revise the practices, procedures, and methods. To
26-24 meet this requirement, the authority shall require:
26-25 (1) phased reductions in the amount of water that may
26-26 be used or withdrawn by existing users or categories of other
26-27 users; or
27-1 (2) implementation of alternative management
27-2 practices, procedures, and methods.
27-3 SECTION 1.15. PERMIT REQUIRED. (a) The authority shall
27-4 manage withdrawals from the aquifer and shall manage all withdrawal
27-5 points from the aquifer as provided by this Act.
27-6 (b) Except as provided by Sections 1.17 and 1.33 of this
27-7 article, a person may not withdraw water from the aquifer or begin
27-8 construction of a well or other works designed for the withdrawal
27-9 of water from the aquifer without obtaining a permit from the
27-10 authority.
27-11 (c) The authority may issue regular permits, term permits,
27-12 and emergency permits.
27-13 (d) Each permit must specify the maximum rate and total
27-14 volume of water that the water user may withdraw in a calendar
27-15 year.
27-16 SECTION 1.16. DECLARATIONS OF HISTORICAL USE; INITIAL
27-17 REGULAR PERMITS. (a) An existing user may apply for an initial
27-18 regular permit by filing a declaration of historical use of
27-19 underground water withdrawn from the aquifer during the historical
27-20 period from June 1, 1972, through May 31, 1993.
27-21 (b) An existing user's declaration of historical use must be
27-22 filed on or before March 1, 1994, on a form prescribed by the
27-23 board. An applicant for a permit must timely pay all application
27-24 fees required by the board. An owner of a well used for irrigation
27-25 must include additional documentation of the number of acres
27-26 irrigated during the historical period provided by Subsection (a)
27-27 of this section.
28-1 (c) An owner of a well from which the water will be used
28-2 exclusively for domestic use or watering livestock and that is
28-3 exempt under Section 1.33 of this article is not required to file a
28-4 declaration of historical use.
28-5 (d) The board shall grant an initial regular permit to an
28-6 existing user who:
28-7 (1) files a declaration and pays fees as required by
28-8 this section; and
28-9 (2) establishes by convincing evidence beneficial use
28-10 of underground water from the aquifer.
28-11 (e) To the extent water is available for permitting, the
28-12 board shall issue the existing user a permit for withdrawal of an
28-13 amount of water equal to the user's maximum beneficial use of water
28-14 without waste during any one calendar year of the historical
28-15 period. If a water user does not have historical use for a full
28-16 year, then the authority shall issue a permit for withdrawal based
28-17 on an amount of water that would normally be beneficially used
28-18 without waste for the intended purpose for a calendar year. If the
28-19 total amount of water determined to have been beneficially used
28-20 without waste under this subsection exceeds the amount of water
28-21 available for permitting, the authority shall adjust the amount of
28-22 water authorized for withdrawal under the permits proportionately
28-23 to meet the amount available for permitting. An existing
28-24 irrigation user shall receive a permit for not less than two
28-25 acre-feet a year for each acre of land the user actually irrigated
28-26 in any one calendar year during the historical period. An existing
28-27 user who has operated a well for three or more years during the
29-1 historical period shall receive a permit for at least the average
29-2 amount of water withdrawn annually during the historical period.
29-3 (f) The board by rule shall consider the equitable treatment
29-4 of a person whose historic use has been affected by a requirement
29-5 of or participation in a federal program.
29-6 (g) The authority shall issue an initial regular permit
29-7 without a term, and an initial regular permit remains in effect
29-8 until the permit is abandoned, cancelled, or retired.
29-9 (h) The board shall notify each permit holder that the
29-10 permit is subject to limitations as provided by this article.
29-11 SECTION 1.17. INTERIM AUTHORIZATION. (a) A person who, on
29-12 the effective date of this article, owns a producing well that
29-13 withdraws water from the aquifer may continue to withdraw and
29-14 beneficially use water without waste until final action on permits
29-15 by the authority, if:
29-16 (1) the well is in compliance with all statutes and
29-17 rules relating to well construction, approval, location, spacing,
29-18 and operation; and
29-19 (2) by March 1, 1994, the person files a declaration
29-20 of historical use on a form as required by the authority.
29-21 (b) Use under interim authorization may not exceed on an
29-22 annual basis the historical, maximum, beneficial use of water
29-23 without waste during any one calendar year as evidenced by the
29-24 person's declaration of historical use calculated in accordance
29-25 with Subsection (e) of Section 1.16 of this article, unless that
29-26 amount is otherwise determined by the authority.
29-27 (c) Use under this section is subject to the authority's
30-1 comprehensive management plan and rules adopted by the authority.
30-2 (d) Interim authorization for a well under this section ends
30-3 on:
30-4 (1) entry of a final and appealable order by the
30-5 authority acting on the application for the well; or
30-6 (2) March 1, 1994, if the well owner has not filed a
30-7 declaration of historical use.
30-8 SECTION 1.18. ADDITIONAL REGULAR PERMITS. (a) To the
30-9 extent water is available for permitting after the issuance of
30-10 permits to existing users, the authority may issue additional
30-11 regular permits, subject to limits on the total amount of permitted
30-12 withdrawals determined under Section 1.14 of this article.
30-13 (b) The authority may not consider or take action on an
30-14 application relating to a proposed or existing well of which there
30-15 is no evidence of actual beneficial use before June 1, 1993, until
30-16 a final determination has been made on all initial regular permit
30-17 applications submitted on or before the initial application date of
30-18 March 1, 1994.
30-19 SECTION 1.19. TERM PERMITS. (a) The authority may issue
30-20 interruptible term permits for withdrawal for any period the
30-21 authority considers feasible, but may not issue a term permit for a
30-22 period of more than 10 years.
30-23 (b) A holder of a term permit may not withdraw water from
30-24 the San Antonio pool of the aquifer unless the level of the aquifer
30-25 is higher than 665 feet above sea level, as measured at Well J-17.
30-26 (c) A holder of a term permit may not withdraw water from
30-27 the Uvalde pool of the aquifer unless the level of the aquifer is
31-1 higher than 865 feet above sea level, as measured at Well J-27.
31-2 SECTION 1.20. EMERGENCY PERMITS. (a) Emergency permits may
31-3 be issued only to prevent the loss of life or to prevent severe,
31-4 imminent threats to the public health or safety.
31-5 (b) The term of an emergency permit may not exceed 30 days,
31-6 unless renewed.
31-7 (c) The board may renew an emergency permit.
31-8 (d) The holder of an emergency permit may withdraw water
31-9 from the aquifer without regard to its effect on other permit
31-10 holders.
31-11 SECTION 1.21. PERMIT RETIREMENT. (a) The authority shall
31-12 prepare and implement a plan for reducing, by January 1, 2008, the
31-13 maximum annual volume of water authorized to be withdrawn from the
31-14 aquifer under regular permits to 400,000 acre-feet a year or the
31-15 adjusted amount determined under Subsection (d) of Section 1.14 of
31-16 this article.
31-17 (b) The plan must be enforceable and must include water
31-18 conservation and reuse measures, measures to retire water rights,
31-19 and other water management measures designed to achieve the
31-20 reduction levels or appropriate management of the resource.
31-21 (c) If, on or after January 1, 2008, the overall volume of
31-22 water authorized to be withdrawn from the aquifer under regular
31-23 permits is greater than 400,000 acre-feet a year or greater than
31-24 the adjusted amount determined under Subsection (d) of Section 1.14
31-25 of this article, the maximum authorized withdrawal of each regular
31-26 permit shall be immediately reduced by an equal percentage as is
31-27 necessary to reduce overall maximum demand to 400,000 acre-feet a
32-1 year or the adjusted amount, as appropriate. The amount reduced
32-2 may be restored, in whole or in part, as other appropriate measures
32-3 are implemented that maintain overall demand at or below the
32-4 appropriate amount.
32-5 SECTION 1.22. ACQUISITION OF RIGHTS. (a) The authority may
32-6 acquire permitted rights to use water from the aquifer for the
32-7 purposes of:
32-8 (1) holding those rights in trust for sale or transfer
32-9 of the water or the rights to persons within the authority's
32-10 jurisdiction who may use water from the aquifer;
32-11 (2) holding those rights in trust as a means of
32-12 managing overall demand on the aquifer;
32-13 (3) holding those rights for resale or retirement as a
32-14 means of complying with pumping reduction requirements under this
32-15 article; or
32-16 (4) retiring those rights, including those rights
32-17 already permitted.
32-18 (b) The authority may acquire and hold permits or rights to
32-19 appropriate surface water or groundwater from sources inside or
32-20 outside of the authority's boundaries.
32-21 (c) Notwithstanding any other provisions of law, the
32-22 authority's acquisition of permitted rights to use water from the
32-23 aquifer is eligible for financial assistance from:
32-24 (1) the water supply account of the Texas Water
32-25 Development Fund under Subchapter D, Chapter 17, Water Code;
32-26 (2) the water loan assistance fund under Subchapter C,
32-27 Chapter 15, Water Code; and
33-1 (3) the revenue bond program under Subchapter I,
33-2 Chapter 17, Water Code.
33-3 SECTION 1.23. CONSERVATION AND REUSE PLANS. (a) The
33-4 authority may require holders of regular permits and holders of
33-5 term permits to submit water conservation plans and, if
33-6 appropriate, reuse plans for review and approval by the authority.
33-7 The board by rule shall require a plan to be implemented after a
33-8 reasonable time after a plan's approval.
33-9 (b) The board shall assist users in developing conservation
33-10 or reuse plans.
33-11 (c) The authority biennially shall prepare and update
33-12 enforceable and effective conservation and reuse plans as required
33-13 by this article. Not later than January 1 of each odd-numbered
33-14 year the authority shall submit the plan to the legislature.
33-15 SECTION 1.24. LOANS AND GRANTS. (a) Notwithstanding any
33-16 other provision of law, the authority is eligible as a lender
33-17 district to receive loans from the Texas Water Development Board
33-18 under the agricultural water conservation bond program under
33-19 Subchapter J, Chapter 17, Water Code.
33-20 (b) The authority may apply for, request, solicit, contract
33-21 for, receive, and accept gifts, grants, and other assistance from
33-22 any source for the purposes of this article.
33-23 (c) The authority may issue grants or make loans to finance
33-24 the purchase or installation of equipment or facilities. If the
33-25 authority issues a grant for a water conservation, reuse, or water
33-26 management project, the authority may require the beneficiary to
33-27 transfer to the authority permitted rights to aquifer water equal
34-1 to a portion of the water conserved or made available by the
34-2 project.
34-3 SECTION 1.25. COMPREHENSIVE MANAGEMENT PLAN.
34-4 (a) Consistent with Section 1.14 of this article, the authority
34-5 shall develop, by September 1, 1995, and implement a comprehensive
34-6 water management plan that includes conservation, future supply,
34-7 and demand management plans. The authority may not delegate the
34-8 development of the plan under Section 1.42 of this article.
34-9 (b) The authority, in conjunction with the South Central
34-10 Texas Water Advisory Committee, the Texas Water Development Board,
34-11 and underground water conservation districts within the authority's
34-12 boundaries, shall develop a 20-year plan for providing alternative
34-13 supplies of water to the region, with five-year goals and
34-14 objectives, to be implemented by the authority and reviewed
34-15 annually by the appropriate state agencies and the Edwards Aquifer
34-16 Legislative Oversight Committee. The authority, advisory
34-17 committee, Texas Water Development Board, and districts, in
34-18 developing the plan, shall:
34-19 (1) thoroughly investigate all alternative
34-20 technologies;
34-21 (2) investigate mechanisms for providing financial
34-22 assistance for alternative supplies through the Texas Water
34-23 Development Board; and
34-24 (3) perform a cost-benefit analysis and an
34-25 environmental analysis.
34-26 SECTION 1.26. CRITICAL PERIOD MANAGEMENT PLAN. The
34-27 authority shall prepare and coordinate implementation of a plan for
35-1 critical period management on or before September 1, 1995. The
35-2 mechanisms must:
35-3 (1) distinguish between discretionary use and
35-4 nondiscretionary use;
35-5 (2) require reductions of all discretionary use to the
35-6 maximum extent feasible;
35-7 (3) require utility pricing, to the maximum extent
35-8 feasible, to limit discretionary use by the customers of water
35-9 utilities; and
35-10 (4) require reduction of nondiscretionary use by
35-11 permitted or contractual users, to the extent further reductions
35-12 are necessary, in the reverse order of the following water use
35-13 preferences:
35-14 (A) municipal, domestic, and livestock;
35-15 (B) industrial and crop irrigation;
35-16 (C) residential landscape irrigation;
35-17 (D) recreational and pleasure; and
35-18 (E) other uses that are authorized by law.
35-19 SECTION 1.27. RESEARCH. (a) The authority shall complete
35-20 research on the technological feasibility of springflow enhancement
35-21 and yield enhancement that, immediately before September 1, 1993,
35-22 is being conducted by the Edwards Underground Water District.
35-23 (b) The authority may conduct research to:
35-24 (1) augment the springflow, enhance the recharge, and
35-25 enhance the yield of the aquifer;
35-26 (2) monitor and protect water quality;
35-27 (3) manage water resources, including water
36-1 conservation, water use and reuse, and drought management measures;
36-2 and
36-3 (4) develop alternative supplies of water for users.
36-4 (c) The authority may schedule demonstration projects for
36-5 purposes of Subsection (b)(1) of this section.
36-6 (d) The authority may contract with other persons to conduct
36-7 research.
36-8 SECTION 1.28. TAX; BONDS. (a) The authority may not levy a
36-9 property tax.
36-10 (b) The authority may issue revenue bonds to finance the
36-11 purchase of land or the purchase, construction, or installation of
36-12 facilities or equipment. The authority may not allow for any
36-13 person to construct, acquire, or own facilities for transporting
36-14 groundwater out of Uvalde County or Medina County.
36-15 (c) Bonds issued by the authority are subject to review and
36-16 approval of the attorney general and the commission. If the
36-17 attorney general finds that the bonds have been authorized in
36-18 accordance with the law, the attorney general shall approve them,
36-19 and the comptroller of public accounts shall register the bonds.
36-20 Following approval and registration, the bonds are incontestable
36-21 and are binding obligations according to their terms.
36-22 (d) The authority board may organize proceeds of the bonds
36-23 into funds and accounts and may invest the proceeds as the
36-24 authority board determines is appropriate.
36-25 SECTION 1.29. FEES. (a) The cost of reducing withdrawals
36-26 or permit retirements must be borne:
36-27 (1) solely by users of the aquifer for reducing
37-1 withdrawals from the level on the effective date of this article to
37-2 450,000 acre-feet a year, or the adjusted amount determined under
37-3 Subsection (d) of Section 1.14 of this article for the period
37-4 ending December 31, 2007; and
37-5 (2) equally by aquifer users and downstream water
37-6 rights holders for permit retirements from 450,000 acre-feet a
37-7 year, or the adjusted amount determined under Subsection (d) of
37-8 Section 1.14 of this article for the period ending December 31,
37-9 2007, to 400,000 acre-feet a year, or the adjusted amount
37-10 determined under Subsection (d) of Section 1.14 of this article,
37-11 for the period beginning January 1, 2008.
37-12 (b) The authority shall assess equitable aquifer management
37-13 fees based on aquifer use under the water management plan to
37-14 finance its administrative expenses and programs authorized under
37-15 this article. Each water district governed by Chapter 52, Water
37-16 Code, that is within the authority's boundaries may contract with
37-17 the authority to pay expenses of the authority through taxes in
37-18 lieu of user fees to be paid by water users in the district. The
37-19 contract must provide that the district will pay an amount equal to
37-20 the amount that the water users in the district would have paid
37-21 through user fees. The authority may not collect a total amount of
37-22 fees and taxes that is more than is reasonably necessary for the
37-23 administration of the authority.
37-24 (c) The authority shall also assess an equitable special fee
37-25 based on permitted aquifer water rights to be used only to finance
37-26 the retirement of rights necessary to meet the goals provided by
37-27 Section 1.21 of this article. The authority shall set the
38-1 equitable special fees on permitted aquifer users at a level
38-2 sufficient to match the funds raised from the assessment of
38-3 equitable special fees on downstream water rights holders.
38-4 (d) The commission shall assess equitable special fees on
38-5 all downstream water rights holders in the Guadalupe River Basin to
38-6 be used solely to finance the retirement of aquifer rights
38-7 necessary to meet the goals provided by Section 1.21 of this
38-8 article. Fees assessed under this subsection may not exceed
38-9 one-half of the cost of permit retirements from 450,000 acre-feet a
38-10 year, or the adjusted amount determined under Subsection (d) of
38-11 Section 1.14 of this article, for the period ending December 31,
38-12 2007, to 400,000 acre-feet a year for the period beginning January
38-13 1, 2008. The authority shall report to the commission the
38-14 estimated costs of the retirements. The amount of fees assessed
38-15 under this subsection shall be determined in accordance with rules
38-16 adopted by the commission for fees under the South Texas
38-17 watermaster program with adjustments as necessary to ensure that
38-18 fees are equitable between users, including priority and
38-19 nonpriority hydroelectric users. A downstream water rights holder
38-20 shall pay fees assessed under this subsection to the authority. A
38-21 fee may not be assessed by the commission under this subsection on
38-22 contractual deliveries of water stored in Canyon Lake that may be
38-23 diverted downstream of the San Marcos Springs or Canyon Dam. A
38-24 person or entity making a contractual sale of water stored upstream
38-25 of Canyon Dam may not establish a systemwide rate that requires
38-26 purchasers of upstream-stored water to pay the special fee assessed
38-27 under this subsection.
39-1 (e) In developing an equitable fee structure under this
39-2 section, the authority may establish different fee rates on a per
39-3 acre-foot basis for different types of use. The fees must be
39-4 equitable between types of uses. The fee rate for agricultural use
39-5 shall be based on the volume of water withdrawn and may not be more
39-6 than 20 percent of the fee rate for municipal use. The authority
39-7 shall assess the fees on the amount of water a permit holder is
39-8 authorized to withdraw under the permit.
39-9 (f) The authority shall impose a permit application fee not
39-10 to exceed $25.
39-11 (g) The authority may impose a registration application fee
39-12 not to exceed $10.
39-13 (h) Special fees collected under Subsection (c) or (d) of
39-14 this section may not be used to finance a surface water supply
39-15 reservoir project.
39-16 (i) The authority shall provide money as necessary, but not
39-17 to exceed five percent of the money collected under Subsection (d)
39-18 of this section, to finance the South Central Texas Water Advisory
39-19 Committee's administrative expenses and programs authorized under
39-20 this article.
39-21 SECTION 1.30. RIVER DIVERSIONS. (a) The commission may
39-22 issue to an applicant a special permit to divert water from the
39-23 Guadalupe River from a diversion point on the river downstream of
39-24 the point where the river emerges as a spring.
39-25 (b) A permit issued to a person under this section must
39-26 condition the diversion of water from the Guadalupe River on a
39-27 limitation of withdrawals under the person's permit to withdraw
40-1 water from the aquifer.
40-2 (c) A permit issued under this section must provide that the
40-3 permit holder may divert water from the Guadalupe River only if:
40-4 (1) the diversion is made instead of a withdrawal from
40-5 the aquifer to enhance the yield of the aquifer; and
40-6 (2) the diversion does not impair senior water rights
40-7 or vested riparian rights.
40-8 (d) A permit issued in accordance with this section is
40-9 subordinate to permitted water rights for which applications were
40-10 submitted before May 31, 1993, and vested riparian rights.
40-11 (e) Sections 11.028 and 11.033, Water Code, do not apply to
40-12 a permit issued under this section.
40-13 SECTION 1.31. MEASURING DEVICES. (a) The owner of a
40-14 nonexempt well that withdraws water from the aquifer shall install
40-15 and maintain a measuring device approved by the authority designed
40-16 to indicate the flow rate and cumulative amount of water withdrawn
40-17 by that well. This requirement may be waived by the authority on
40-18 written request by a well owner to use an alternative method of
40-19 determining the amount of water withdrawn.
40-20 (b) The authority is responsible for the costs of
40-21 purchasing, installing, and maintaining measuring devices, if
40-22 required, for an irrigation well in existence on September 1, 1993.
40-23 SECTION 1.32. REPORTS. Not later than March 1 of each year,
40-24 and on a form prescribed by the authority, each holder of a permit
40-25 shall file with the authority a written report of water use for the
40-26 preceding calendar year.
40-27 SECTION 1.33. WELL METERING EXEMPTION. (a) A well that
41-1 produces 25,000 gallons of water a day or less for domestic or
41-2 livestock use is exempt from metering requirements.
41-3 (b) Exempt wells must register with the authority or with an
41-4 underground water conservation district in which the well is
41-5 located.
41-6 (c) A well within or serving a subdivision requiring
41-7 platting does not qualify for an exempt use.
41-8 SECTION 1.34. TRANSFER OF RIGHTS. (a) Water withdrawn from
41-9 the aquifer must be used within the boundaries of the authority.
41-10 (b) The authority by rule may establish a procedure by which
41-11 a person who installs water conservation equipment may sell the
41-12 water conserved.
41-13 (c) A permit holder may lease permitted water rights, but a
41-14 holder of a permit for irrigation use may not lease more than 50
41-15 percent of the irrigation rights initially permitted. The user's
41-16 remaining irrigation water rights must be used in accordance with
41-17 the original permit and must pass with transfer of the irrigated
41-18 land.
41-19 SECTION 1.35. PROHIBITIONS. (a) A person may not withdraw
41-20 water from the aquifer except as authorized by a permit issued by
41-21 the authority or by this article.
41-22 (b) A person holding a permit issued by the authority may
41-23 not violate the terms or conditions of the permit.
41-24 (c) A person may not waste water withdrawn from the aquifer.
41-25 (d) A person may not pollute or contribute to the pollution
41-26 of the aquifer.
41-27 (e) A person may not violate this article or a rule of the
42-1 authority adopted under this article.
42-2 SECTION 1.36. ENFORCEMENT. (a) The authority may enter
42-3 orders to enforce the terms and conditions of permits, orders, or
42-4 rules issued or adopted under this article.
42-5 (b) The authority by rule shall provide for the suspension
42-6 of a permit of any class for a failure to pay a required fee or a
42-7 violation of a permit condition or order of the authority or a rule
42-8 adopted by the authority.
42-9 SECTION 1.37. ADMINISTRATIVE PENALTY. (a) The authority
42-10 may assess an administrative penalty against a person who violates
42-11 this article or a rule adopted or order issued under this article
42-12 in an amount of not less than $100 or more than $1,000 for each
42-13 violation and for each day of a continuing violation.
42-14 (b) In determining the amount of the penalty, the authority
42-15 shall consider:
42-16 (1) the history of previous violations;
42-17 (2) the amount necessary to deter future violations;
42-18 (3) efforts to correct the violation;
42-19 (4) enforcement costs relating to the violation; and
42-20 (5) any other matters that justice may require.
42-21 (c) If after an examination of the facts the authority
42-22 concludes that the person did commit a violation, the authority may
42-23 issue a preliminary report stating the facts on which it based its
42-24 conclusion, recommending that an administrative penalty under this
42-25 section be imposed, and recommending the amount of the proposed
42-26 penalty.
42-27 (d) The authority shall give written notice of the report to
43-1 the person charged with committing the violation. The notice must
43-2 include a brief summary of the facts, a statement of the amount of
43-3 the recommended penalty, and a statement of the person's right to
43-4 an informal review of the occurrence of the violation, the amount
43-5 of the penalty, or both.
43-6 (e) Not later than the 10th day after the date on which the
43-7 person charged with committing the violation receives the notice,
43-8 the person may either give the authority written consent to the
43-9 report, including the recommended penalty, or make a written
43-10 request for an informal review by the authority.
43-11 (f) If the person charged with committing the violation
43-12 consents to the penalty recommended by the authority or fails
43-13 timely to request an informal review, the authority shall assess
43-14 the penalty. The authority shall give the person written notice of
43-15 its action. The person shall pay the penalty not later than the
43-16 30th day after the date on which the person receives the notice.
43-17 (g) If the person charged with committing a violation
43-18 requests an informal review as provided by Subsection (e) of this
43-19 section, the authority shall conduct the review. The authority
43-20 shall give the person written notice of the results of the review.
43-21 (h) Not later than the 10th day after the date on which the
43-22 person charged with committing the violation receives the notice
43-23 prescribed by Subsection (g) of this section, the person may make
43-24 to the authority a written request for a hearing.
43-25 (i) If, after informal review, a person who has been ordered
43-26 to pay a penalty fails to request a formal hearing in a timely
43-27 manner, the authority shall assess the penalty. The authority
44-1 shall give the person written notice of its action. The person
44-2 shall pay the penalty not later than the 30th day after the date on
44-3 which the person receives the notice.
44-4 (j) Within 30 days after the date the authority's order is
44-5 final as provided by Subsection (c), Section 16, Administrative
44-6 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
44-7 Civil Statutes), the person shall:
44-8 (1) pay the amount of the penalty;
44-9 (2) pay the amount of the penalty and file a petition
44-10 for judicial review contesting the occurrence of the violation, the
44-11 amount of the penalty, or both the occurrence of the violation and
44-12 the amount of the penalty; or
44-13 (3) without paying the amount of the penalty, file a
44-14 petition for judicial review contesting the occurrence of the
44-15 violation, the amount of the penalty, or both the occurrence of the
44-16 violation and the amount of the penalty.
44-17 (k) Within the 30-day period, a person who acts under
44-18 Subdivision (3) of Subsection (j) of this section may:
44-19 (1) stay enforcement of the penalty by:
44-20 (A) paying the amount of the penalty to the
44-21 court for placement in an escrow account; or
44-22 (B) giving to the court a supersedeas bond
44-23 approved by the court for the amount of the penalty and that is
44-24 effective until all judicial review of the authority's order is
44-25 final; or
44-26 (2) request the court to stay enforcement of the
44-27 penalty by:
45-1 (A) filing with the court a sworn affidavit of
45-2 the person stating that the person is financially unable to pay the
45-3 amount of the penalty and is financially unable to give the
45-4 supersedeas bond; and
45-5 (B) giving a copy of the affidavit to the
45-6 authority by certified mail.
45-7 (l) If the authority receives a copy of an affidavit under
45-8 Subdivision (2) of Subsection (k) of this section, it may file with
45-9 the court within five days after the date the copy is received a
45-10 contest to the affidavit. The court shall hold a hearing on the
45-11 facts alleged in the affidavit as soon as practicable and shall
45-12 stay the enforcement of the penalty on finding that the alleged
45-13 facts are true. The person who files an affidavit has the burden
45-14 of proving that the person is financially unable to pay the amount
45-15 of the penalty and to give a supersedeas bond.
45-16 (m) If the person does not pay the amount of the penalty and
45-17 the enforcement of the penalty is not stayed, the authority may
45-18 refer the matter to the attorney general for collection of the
45-19 amount of the penalty.
45-20 (n) Judicial review of the order of the authority:
45-21 (1) is instituted by filing a petition as provided by
45-22 Section 19, Administrative Procedure and Texas Register Act
45-23 (Article 6252-13a, Vernon's Texas Civil Statutes); and
45-24 (2) is under the substantial evidence rule.
45-25 (o) If the court sustains the occurrence of the violation,
45-26 the court may uphold or reduce the amount of the penalty and order
45-27 the person to pay the full or reduced amount of the penalty. If
46-1 the court does not sustain the occurrence of the violation, the
46-2 court shall order that no penalty is owed.
46-3 (p) When the judgment of the court becomes final, the court
46-4 shall proceed under this subsection. If the person paid the amount
46-5 of the penalty and if that amount is reduced or is not upheld by
46-6 the court, the court shall order that the appropriate amount plus
46-7 accrued interest be remitted to the person. The rate of the
46-8 interest is the rate charged on loans to depository institutions by
46-9 the New York Federal Reserve Bank, and the interest shall be paid
46-10 for the period beginning on the date the penalty was paid and
46-11 ending on the date the penalty is remitted. If the person gave a
46-12 supersedeas bond and if the amount of the penalty is not upheld by
46-13 the court, the court shall order the release of the bond. If the
46-14 person gave a supersedeas bond and if the amount of the penalty is
46-15 reduced, the court shall order the release of the bond after the
46-16 person pays the amount.
46-17 (q) A penalty collected under this section shall be remitted
46-18 to the authority.
46-19 (r) All proceedings under this section are subject to the
46-20 Administrative Procedure and Texas Register Act (Article 6252-13a,
46-21 Vernon's Texas Civil Statutes).
46-22 SECTION 1.38. INJUNCTION BY AUTHORITY. The authority may
46-23 file a civil suit in a state district court for an injunction to
46-24 enforce this article. The authority may recover reasonable
46-25 attorney fees in a suit under this section.
46-26 SECTION 1.39. SUIT FOR MANDAMUS. The commission may file a
46-27 civil suit for an order of mandamus against the authority to compel
47-1 the authority to perform its duties under this article or to compel
47-2 the authority to enforce this article against a violator. The
47-3 commission may recover attorney fees from the authority in a suit
47-4 under this section.
47-5 SECTION 1.40. CIVIL PENALTY. (a) The commission or
47-6 authority may file a civil action in state district court for a
47-7 civil penalty for a violation of this article or a rule adopted or
47-8 permit or order issued under this article.
47-9 (b) The commission or authority may recover a civil penalty
47-10 of not less than $100 or more than $10,000 for each violation and
47-11 for each day of violation and attorney fees.
47-12 (c) A civil penalty or attorney fees collected by the
47-13 authority under this section shall be paid to the authority.
47-14 (d) A civil penalty or attorney fees collected by the
47-15 commission under this section shall be deposited to the credit of
47-16 the general revenue fund.
47-17 SECTION 1.41. REPEALER; TRANSFERS; RULES. (a) Chapter 99,
47-18 Acts of the 56th Legislature, Regular Session, 1959 (Article
47-19 8280-219, Vernon's Texas Civil Statutes), is repealed, and the
47-20 Edwards Underground Water District is abolished.
47-21 (b) All files and records of the Edwards Underground Water
47-22 District pertaining to control, management, and operation of the
47-23 district are transferred from the Edwards Underground Water
47-24 District to the authority on the effective date of this article.
47-25 (c) All real and personal property, leases, rights,
47-26 contracts, staff, and obligations of the Edwards Underground Water
47-27 District are transferred to the authority on the effective date of
48-1 this article.
48-2 (d) On September 1, 1993, all unobligated and unexpended
48-3 funds of the Edwards Underground Water District shall be
48-4 transferred to the authority.
48-5 (e) A rule adopted by the Edwards Underground Water District
48-6 before the effective date of this article that relates to
48-7 management or control of the aquifer is, on the effective date of
48-8 this article, a rule of the authority and remains in effect until
48-9 amended or repealed by the authority.
48-10 (f) The authority shall be automatically substituted for the
48-11 Edwards Underground Water District in any judicial or
48-12 administrative proceeding to which, on the effective date of this
48-13 article, the Edwards Underground Water District is a party.
48-14 SECTION 1.42. EFFECT ON OTHER DISTRICTS. (a) An
48-15 underground water conservation district other than the authority
48-16 may manage and control water that is a part of the aquifer after
48-17 the effective date of this article only as provided in this
48-18 section. This article does not affect a water reclamation or
48-19 conservation district that manages and controls only water from a
48-20 resource other than the aquifer.
48-21 (b) An underground water conservation district other than
48-22 the authority may manage and control water that is a part of the
48-23 aquifer to the extent that those management activities do not
48-24 conflict with and are not duplicative of this article or the rules
48-25 and orders of the authority.
48-26 (c) Except as otherwise provided by this article, the board
48-27 may delegate the powers and duties granted to it under this
49-1 article. The board shall delegate all or part of its powers or
49-2 duties to an underground water conservation district on the
49-3 district's request if the district demonstrates to the satisfaction
49-4 of the board that:
49-5 (1) the district has statutory powers necessary for
49-6 full enforcement of the rules and orders to be delegated;
49-7 (2) the district has implemented all rules and
49-8 policies necessary to fully implement the programs to be delegated;
49-9 and
49-10 (3) the district has implemented a system designed to
49-11 provide the authority with adequate information with which to
49-12 monitor the adequacy of the district's performance in enforcing
49-13 board rules and orders.
49-14 (d) In making the determination under Subsection (c) of this
49-15 section, the board may consider the district's past performance and
49-16 experience in enforcing powers and duties delegated to it by the
49-17 board. The board may deny a request for delegation of powers or
49-18 duties by a district if the district has previously had a
49-19 delegation terminated under Subsection (e) of this section.
49-20 (e) If the authority determines that a district has failed
49-21 adequately to enforce or implement any rules or orders delegated
49-22 under this section, the authority immediately shall provide to the
49-23 district notice that sets forth the reasons for its determination
49-24 and the actions that the district must take to retain the delegated
49-25 authority. Not later than the 10th day after the date the notice
49-26 is given, the district must demonstrate its commitment and ability
49-27 to take the actions set forth in the notice. If, at the end of the
50-1 10-day period, the authority does not find that the district will
50-2 adequately enforce its rules and orders, the authority immediately
50-3 shall resume full responsibility for implementation and enforcement
50-4 of those rules and orders. The authority shall provide to the
50-5 district notice that the delegation of authority to it has been
50-6 terminated. After the termination notice is given, the authority
50-7 of the district to manage or control water in the aquifer is
50-8 limited to the authority granted by Subsection (b) of this section.
50-9 SECTION 1.43. CREATION OF UNDERGROUND WATER CONSERVATION
50-10 DISTRICT. An underground water conservation district may be
50-11 created in any county affected by this article as provided by
50-12 Subchapter B, Chapter 52, Water Code.
50-13 SECTION 1.44. COOPERATIVE CONTRACTS FOR ARTIFICIAL RECHARGE.
50-14 (a) The authority may contract with any political subdivision of
50-15 the state under Chapter 791, Government Code, to provide for
50-16 artificial recharge of the aquifer, through injection wells or with
50-17 surface water subject to the control of the political subdivision,
50-18 for the subsequent retrieval of the water by the political
50-19 subdivision or its authorized assignees for beneficial use within
50-20 the authority.
50-21 (b) The authority may not unreasonably deny a request to
50-22 enter into a cooperative contract under this section if the
50-23 political subdivision agrees to:
50-24 (1) file with the authority records of the injection
50-25 or artificial recharge of the aquifer; and
50-26 (2) provide for protection of the quality of the
50-27 aquifer water and of the rights of aquifer users in designating the
51-1 location of injection wells or recharge dams, the methods of
51-2 injection or recharge, and the location and type of retrieval
51-3 wells.
51-4 (c) The political subdivision causing artificial recharge of
51-5 the aquifer is entitled to withdraw during any 12-month period the
51-6 measured amount of water actually injected or artificially
51-7 recharged during the preceding 12-month period, as demonstrated and
51-8 established by expert testimony, less an amount determined by the
51-9 authority to:
51-10 (1) account for that part of the artificially
51-11 recharged water discharged through springs; and
51-12 (2) compensate the authority in lieu of users' fees.
51-13 (d) The amounts of water withdrawn under this section are
51-14 not subject to the maximum total permitted withdrawals provided by
51-15 Section 1.14 of this article.
51-16 SECTION 1.45. RECHARGE DAMS. (a) The authority may build
51-17 or operate recharge dams in the recharge area of the aquifer if the
51-18 recharge is made to increase the yield of the aquifer and the
51-19 recharge project does not impair senior water rights or vested
51-20 riparian rights.
51-21 (b) The commission shall determine the historic yield of the
51-22 floodwater to the Nueces River basin. The historic yield is equal
51-23 to the lesser of:
51-24 (1) the average annual yield for the period from 1950
51-25 to 1987; or
51-26 (2) the annual yield for 1987.
51-27 (c) Only the amount of floodwater in excess of the historic
52-1 yield as determined by the commission may be impounded by a
52-2 recharge dam built or operated under this section.
52-3 ARTICLE 2
52-4 SECTION 2.01. DEFINITION. In this article, "district" means
52-5 the Uvalde County Underground Water Conservation District.
52-6 SECTION 2.02. VALIDATION. The creation of the district and
52-7 all resolutions, orders, and other acts or attempted acts of the
52-8 board of directors of the district are validated in all respects.
52-9 The creation of the district and all resolutions, orders, and other
52-10 acts or attempted acts of the board of directors of the district
52-11 are valid as though they originally had been legally authorized or
52-12 accomplished.
52-13 SECTION 2.03. BOUNDARIES. Pursuant to the petition to the
52-14 Commissioners Court of Uvalde County, Texas, requesting the
52-15 creation of the district, the district includes the territory
52-16 contained within the boundaries of Uvalde County.
52-17 SECTION 2.04. FINDING OF BENEFIT. All the land and other
52-18 property included within the boundaries of the district will be
52-19 benefitted by the validation of the district.
52-20 SECTION 2.05. POWERS. (a) The district has all of the
52-21 rights, powers, privileges, authority, functions, and duties
52-22 provided by the general law of the state, including Chapters 50 and
52-23 52, Water Code, applicable to underground water conservation
52-24 districts created under Article XVI, Section 59, of the Texas
52-25 Constitution. This article prevails over any provision of general
52-26 law that is in conflict or inconsistent with this article.
52-27 (b) The district may develop and implement a drought
53-1 response plan, with reasonable rules, using water levels as
53-2 observed in the Uvalde Index Well YP-69-50-302.
53-3 (c) The rights, powers, privileges, authority, functions,
53-4 and duties of the district are subject to the continuing right of
53-5 supervision of the state to be exercised by and through the Texas
53-6 Water Commission.
53-7 SECTION 2.06. LEVY OF TAXES. The levy and collection of
53-8 taxes by the district are governed by Subchapter H, Chapter 52,
53-9 Water Code, except that the district may not levy a maintenance and
53-10 operating tax at a rate that exceeds two cents per $100 assessed
53-11 valuation unless an election held in the district authorizes a
53-12 higher rate.
53-13 SECTION 2.07. PENDING LITIGATION. This article does not
53-14 apply to or affect litigation pending on the effective date of this
53-15 article in any court of competent jurisdiction in this state to
53-16 which the district is a party.
53-17 ARTICLE 3
53-18 SECTION 3.01. LEGISLATIVE OVERSIGHT. (a) The Edwards
53-19 Aquifer Legislative Oversight Committee is composed of:
53-20 (1) three members of the senate appointed by the
53-21 lieutenant governor; and
53-22 (2) three members of the house of representatives
53-23 appointed by the speaker of the house of representatives.
53-24 (b) The committee shall examine and report to the
53-25 legislature on the effectiveness of the state and local
53-26 governmental entities in meeting the purposes of the Edwards
53-27 Aquifer Authority.
54-1 (c) The board shall continually oversee and review:
54-2 (1) the activities of the Edwards Aquifer Authority
54-3 and the implementation of that authority's enabling legislation;
54-4 (2) the activities of the South Central Texas Water
54-5 Advisory Committee;
54-6 (3) compliance with federal law relating to threatened
54-7 or endangered species related to management of underground or
54-8 surface water in the Edwards Aquifer region;
54-9 (4) water pollution control activities in the Edwards
54-10 Aquifer region; and
54-11 (5) the activities of soil and water conservation
54-12 districts and river authorities in the Edwards Aquifer district
54-13 that affect the management of the aquifer.
54-14 SECTION 3.02. NOTICE OF AVAILABLE WATER. The Texas Natural
54-15 Resource Conservation Commission shall notify the Edwards Aquifer
54-16 Authority of any water available for appropriation in the
54-17 Guadalupe-Blanco River Basin as the commission discovers the
54-18 available water.
54-19 SECTION 3.03. SUNSET COMMISSION REVIEW OF GUADALUPE-BLANCO
54-20 RIVER AUTHORITY. (a) The board of directors of the
54-21 Guadalupe-Blanco River Authority is subject to review under Chapter
54-22 325, Government Code (Texas Sunset Act), but may not be abolished
54-23 under that Act. The review shall be conducted as if the board of
54-24 directors were scheduled to be abolished September 1, 1995.
54-25 (b) Unless after the review the legislature continues the
54-26 members of the board of directors in office, the terms of the board
54-27 members expire September 1, 1995.
55-1 (c) If the terms of the board of directors expire under
55-2 Subsection (b) of this section, a new board of directors shall be
55-3 appointed and confirmed as provided by Chapter 75, Acts of the 43rd
55-4 Legislature, 1st Called Session, 1933, with three members appointed
55-5 to terms expiring February 1, 1997, three to terms expiring
55-6 February 1, 1999, and three to terms expiring February 1, 2001. A
55-7 member whose term expires under Subsection (b) of this section is
55-8 not eligible for reappointment under this subsection.
55-9 SECTION 3.04. COOPERATION. All state and local governmental
55-10 entities are hereby directed to cooperate with the authority to the
55-11 maximum extent practicable so that the authority can best be able
55-12 to accomplish the purposes set forth under Article 1. The
55-13 authority shall, on or before January 1, 1995, submit a report to
55-14 the governor, lieutenant governor, and speaker of the house of
55-15 representatives evaluating the extent to which other entities have
55-16 cooperated with and assisted the authority.
55-17 ARTICLE 4
55-18 SECTION 4.01. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
55-19 (a) The proper and legal notice of the intention to introduce this
55-20 Act, setting forth the general substance of this Act, has been
55-21 published as provided by law, and the notice and a copy of this Act
55-22 have been furnished to all persons, agencies, officials, or
55-23 entities to which they are required to be furnished by the
55-24 constitution and other laws of this state, including the governor,
55-25 who has submitted the notice and Act to the Texas Water Commission.
55-26 (b) The Texas Water Commission has filed its recommendations
55-27 relating to this Act with the governor, lieutenant governor, and
56-1 speaker of the house of representatives within the required time.
56-2 (c) All requirements of the constitution and laws of this
56-3 state and the rules and procedures of the legislature with respect
56-4 to the notice, introduction, and passage of this Act are fulfilled
56-5 and accomplished.
56-6 SECTION 4.02. EFFECTIVE DATES. This Act takes effect
56-7 September 1, 1993, except Section 1.35 of Article 1 takes effect
56-8 March 1, 1994.
56-9 SECTION 4.03. EMERGENCY. The importance of this legislation
56-10 and the crowded condition of the calendars in both houses create an
56-11 emergency and an imperative public necessity that the
56-12 constitutional rule requiring bills to be read on three several
56-13 days in each house be suspended, and this rule is hereby suspended.