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.