73R11266 JJT-F
By Armbrister, et al. S.B. No. 1477
Substitute the following for S.B. No. 1477:
By Lewis C.S.S.B. No. 1477
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the Edwards Aquifer Authority and the
1-4 management of the Edwards Aquifer; granting the power of eminent
1-5 domain; providing civil and administrative penalties; and
1-6 validating the creation of the Uvalde County Underground Water
1-7 Conservation District.
1-8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-9 ARTICLE 1
1-10 SECTION 1.01. FINDINGS AND DECLARATION OF POLICY. The
1-11 legislature finds that the Edwards Aquifer is a unique and complex
1-12 hydrological system, with diverse economic and social interests
1-13 dependent on the aquifer for water supply. In keeping with that
1-14 finding, the Edwards Aquifer is declared to be a distinctive
1-15 natural resource in this state, a unique aquifer, and not an
1-16 underground stream. To sustain these diverse interests and that
1-17 natural resource, a special regional management district is
1-18 required for the effective management of the resource to protect
1-19 terrestrial and aquatic life; domestic, livestock, and municipal
1-20 water supplies; the operation of industries; agriculture; and the
1-21 economic development of the state. All reasonable measures shall
1-22 be taken to conserve water and protect water quality.
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) "Authority board" means the board of directors of
2-24 the authority.
2-25 (5) "Beneficial use" means the use of water for a
2-26 lawful purpose.
2-27 (6) "Commission" means the Texas Natural Resource
3-1 Conservation Commission.
3-2 (7) "Conservation" means any measure that would
3-3 increase water use efficiency.
3-4 (8) "Diversion" means the removal of state water from
3-5 a watercourse or impoundment.
3-6 (9) "Domestic or livestock use" means use of water
3-7 for:
3-8 (A) drinking, washing, or culinary purposes;
3-9 (B) irrigation of a family garden or orchard the
3-10 produce of which is for household consumption only; or
3-11 (C) watering of animals.
3-12 (10) "Existing user" means a person who has withdrawn
3-13 and beneficially used underground water from the aquifer on or
3-14 before June 1, 1993, or who purchases water for the provision of
3-15 potable water to public utility customers from a person who has
3-16 withdrawn and beneficially used underground water from the aquifer
3-17 on or before June 1, 1993.
3-18 (11) "Industrial use" means the use of water for or in
3-19 connection with commercial or industrial activities, including
3-20 manufacturing, bottling, brewing, food processing, scientific
3-21 research and technology, recycling, production of concrete,
3-22 asphalt, and cement, commercial uses of water for tourism,
3-23 entertainment, and hotel or motel lodging, generation of power
3-24 other than hydroelectric, and other business activities.
3-25 (12) "Irrigation use" means the use of water for the
3-26 irrigation of pastures and commercial crops, including orchards and
3-27 landscapes and establishing cover crops.
4-1 (13) "Livestock" means animals collected or raised for
4-2 pleasure, recreational use, or commercial use.
4-3 (14) "Municipal use" means the use of water in, or
4-4 outside of, a municipality and its environs whether supplied by a
4-5 person, privately owned utility, political subdivision, or other
4-6 entity, including the use of treated effluent for certain purposes
4-7 specified as follows. The term includes:
4-8 (A) the use of water for domestic use, the
4-9 watering of lawns and family gardens, fighting fires, sprinkling
4-10 streets, flushing sewers and drains, water parks and parkways, and
4-11 recreation, including public and private swimming pools;
4-12 (B) the use of water in industrial and
4-13 commercial enterprises supplied by a municipal distribution system
4-14 without special construction to meet its demands; and
4-15 (C) the application of treated effluent on land
4-16 under a permit issued under Chapter 26, Water Code, if:
4-17 (i) the primary purpose of the application
4-18 is the treatment or necessary disposal of the effluent;
4-19 (ii) the application site is a park,
4-20 parkway, golf course, or other landscaped area within the
4-21 authority's boundaries; or
4-22 (iii) the effluent applied to the site is
4-23 generated within an area for which the commission has adopted a
4-24 rule that prohibits the discharge of the effluent.
4-25 (15) "Order" means any written directive carrying out
4-26 the powers and duties of the authority under this article.
4-27 (16) "Person" means an individual, corporation,
5-1 organization, government or governmental subdivision or agency,
5-2 business trust, estate, trust, partnership, association, and any
5-3 other legal entity.
5-4 (17) "Pollution" means the alteration of the physical,
5-5 thermal, chemical, or biological quality of any water in the
5-6 boundaries of the authority, or the contamination of any water in
5-7 the boundaries of the authority, that renders the water harmful,
5-8 detrimental, or injurious to humans, animal life, vegetation,
5-9 property, or public health, safety, or welfare or that impairs the
5-10 usefulness of the public enjoyment of the water for any lawful
5-11 purpose.
5-12 (18) "Recharge" means increasing the supply of water
5-13 to the aquifer by naturally occurring channels or artificial means.
5-14 (19) "Reuse" means use of water after the water is
5-15 used for the original purpose of use.
5-16 (20) "Underground water" has the meaning assigned by
5-17 Section 52.001, Water Code.
5-18 (21) "Well" means a bored, drilled, or driven shaft or
5-19 an artificial opening in the ground able or intended to produce
5-20 water that is made by digging, jetting, or some other method where
5-21 the depth of the shaft or opening is greater than its largest
5-22 surface dimension, but does not include a surface pit, surface
5-23 excavation, or natural depression.
5-24 (22) "Well J-17" means state well number AY-68-37-203
5-25 located in Bexar County.
5-26 (23) "Well J-27" means state well number YP-69-50-302
5-27 located in Uvalde County.
6-1 (24) "Withdrawal" means taking water from the aquifer
6-2 by or through man-made facilities.
6-3 SECTION 1.04. BOUNDARIES. The authority includes the
6-4 territory contained within the following area:
6-5 (1) all of the areas of Bexar, Medina, and Uvalde
6-6 counties;
6-7 (2) all of the area of Comal County, except that
6-8 portion of the county that lies North of the North line through the
6-9 county of Subdivision No. 1 of the Underground Water Reservoir in
6-10 the Edwards Limestone, Balcones escarpment area, as defined by the
6-11 order of the Board of Water Engineers dated January 10, 1957;
6-12 (3) the part of Caldwell County beginning with the
6-13 intersection of Hays County Road 266 and the San Marcos River;
6-14 THENCE southeast along the San Marcos River to the point of
6-15 intersection of Caldwell, Guadalupe, and Gonzales counties;
6-16 THENCE southeast along the Caldwell-Gonzales County line to
6-17 its intersection with U.S. Highway 183;
6-18 THENCE north along U.S. Highway 183 to its intersection with
6-19 State Highway 21;
6-20 THENCE southwest along State Highway 21 to its intersection
6-21 with Hays County Road 266;
6-22 THENCE southwest along Hays County Road 266 to the place of
6-23 beginning;
6-24 (4) the part of Hays County beginning on the northwest
6-25 line of the R. B. Moore Survey, Abstract 412, in Comal County where
6-26 it crosses the Comal County-Hays County line northeast along the
6-27 northwest line of said Survey to the northeast corner of said
7-1 Survey in Hays County, Texas;
7-2 THENCE southeast in Hays County, Texas across the Jas.
7-3 Deloach Survey, Abstract 878, to the most westerly northwest corner
7-4 of the Presidio Irrigation Co. Survey, Abstract 583;
7-5 THENCE northeast along the northwest line of said Survey to
7-6 its most northerly northwest corner;
7-7 THENCE continuing in the same line across the R.S. Clayton
7-8 Survey 2, Block 742, to the west line of the H. & G. N. RR. Co.
7-9 Survey 1, Abstract 668;
7-10 THENCE north along the west line of said Survey to its
7-11 northwest corner;
7-12 THENCE east along the north line of said Survey to its
7-13 northeast corner;
7-14 THENCE northeast across the David Wilson Survey 83, Abstract
7-15 476, to the southeast corner of the F. W. Robertson Survey 71,
7-16 Abstract 385;
7-17 THENCE north along the east line of said Survey to the
7-18 southwest corner of the Benjamin Weed Survey 72, Abstract 483;
7-19 THENCE east along the south line of said Survey to its
7-20 southeast corner;
7-21 THENCE northeast across the William Gray Survey 73, Abstract
7-22 92, and the Murray Bailey Survey 75, Abstract 42, to the southwest
7-23 corner of the D.Holderman Survey 33, Abstract 225;
7-24 THENCE north along the west line of said Survey to its
7-25 northwest corner;
7-26 THENCE continuing in the same line to the north line of the
7-27 Day Land & Cattle Co. Survey 672;
8-1 THENCE west along said north line of said Survey to its
8-2 northwest corner, which is in the east line of the Jesse Williams
8-3 Survey 4 to the northeast corner of said Survey;
8-4 THENCE west along the north line of said Survey to the
8-5 Southwest corner of the Amos Singleton Survey 106, Abstract 410;
8-6 THENCE north along the west lines of said Amos Singleton
8-7 Survey 106 and the Watkins Nobles Survey 107, Abstract 346, to the
8-8 northwest corner of said Watkins Nobles Survey 107;
8-9 THENCE east along the north line of said Survey to the
8-10 southwest corner of the Jesusa Perez Survey 14, Abstract 363;
8-11 THENCE north along the west line of said Jesusa Perez Survey
8-12 14 to its northwest corner;
8-13 THENCE east along the north line of said Survey to its
8-14 northeast corner;
8-15 THENCE, south along the east line of said Survey for a
8-16 distance of approximately 10,000 feet to its intersection with
8-17 Ranch Road 150;
8-18 THENCE, east by southeast along Ranch Road 150 approximately
8-19 24,500 feet to its intersection with the southern boundary line of
8-20 the Andrew Dunn Survey 9, Abstract 4;
8-21 THENCE, east along the south line of said survey as it
8-22 extends and becomes the southern boundary line of the Morton M.
8-23 McCarver Survey 4, Abstract 10, for a distance of approximately
8-24 7,000 feet to its intersection with Ranch Road 2770;
8-25 THENCE, south on Ranch Road 2770 for a distance of
8-26 approximately 400 feet to its intersection with Farm-to-Market Road
8-27 171;
9-1 THENCE, east along Farm-to-Market Road 171 for a distance of
9-2 approximately 10,500 feet to its intersection with Farm-to-Market
9-3 Road 25;
9-4 THENCE, north by northeast along Farm-to-Market Road 25 for a
9-5 distance of approximately 3,100 feet to its intersection with
9-6 Farm-to-Market Road 131;
9-7 THENCE, east by southeast along Farm-to-Market Road 131 for a
9-8 distance of approximately 3,000 feet to its intersection with the
9-9 east line of the Thomas G. Allen Survey, Abstract 26;
9-10 THENCE south along the east line of said Thomas G. Allen
9-11 Survey to the most northerly northwest corner of the Elisha Pruett
9-12 Survey 23, Abstract 376;
9-13 THENCE southwest along a west line of said Elisha Pruett
9-14 Survey 23 to the west corner of said Survey;
9-15 THENCE southeast along the southwest line of said Survey to
9-16 the north corner of the John Stewart Survey, Abstract 14;
9-17 THENCE southwest along the northwest line of said John
9-18 Stewart Survey to its west corner;
9-19 THENCE continuing in the same line to the most northerly
9-20 southwest line of the John Jones Survey, Abstract 263;
9-21 THENCE southeast along said southwest line to an interior
9-22 corner of said John Jones Survey;
9-23 THENCE southwest along the most southerly northwest line of
9-24 said Survey to the southwest corner of said Survey;
9-25 THENCE southeast along the south line of said Survey to the
9-26 north corner of the James W. Williams Survey 11, Abstract 473;
9-27 THENCE southwest along the northwest line of said James W.
10-1 Williams Survey 11 to its west corner;
10-2 THENCE southeast along the southwest line of said Survey to
10-3 the north right-of-way line of the I. & G. N. RR.;
10-4 THENCE southwest along said right-of-way of said I. & G. N.
10-5 RR. to the Hays County-Comal County line;
10-6 THENCE south along said county line to the northwest line of
10-7 the R. B. Moore Survey, Abstract 412, in Hays County where it
10-8 crosses the Hays County-Comal County line;
10-9 (5) all of the territory of Hays County contained
10-10 within the following described area:
10-11 Beginning on the most southern point of Hays County at the
10-12 intersection of Hays, Comal, and Guadalupe Counties; then
10-13 continuing in a northeasterly direction along the Hays-Guadalupe
10-14 county line to its intersection with the Hays-Caldwell county line;
10-15 then continuing along the Hays-Caldwell county line to an
10-16 intersection with Farm-to-Market Road 150; then continuing in a
10-17 northwesterly direction along Farm-to-Market Road 150 to the
10-18 intersection with the existing southern boundary of the part of
10-19 Hays County described in Subdivision (4) of this section; then
10-20 continuing in a southwesterly direction along the existing southern
10-21 boundary of the part of Hays County described in Subdivision (4) of
10-22 this section to the intersection with the Hays-Comal county line;
10-23 then continuing in a southerly direction along the Hays-Comal
10-24 county line to the point of beginning;
10-25 (6) the part of Guadalupe County beginning at the
10-26 Guadalupe County-Caldwell County-Hays County line at the San Marcos
10-27 River in the northeast corner of Guadalupe County, Texas.
11-1 THENCE southwest along the Guadalupe County-Hays County line
11-2 to the intersect of the Guadalupe County-Hays County-Comal County
11-3 line.
11-4 THENCE southwest along the Guadalupe County-Comal County line
11-5 to the intersect of the Guadalupe County-Comal County-Bexar County
11-6 intersect at the Cibolo creek.
11-7 THENCE south along the Guadalupe County-Bexar County line
11-8 along the Cibolo creek to the intersect of the Guadalupe
11-9 County-Bexar County-Wilson County line.
11-10 THENCE south along the Guadalupe County-Wilson County line
11-11 along the Cibolo creek to the intersect and crossing of Guadalupe
11-12 County Road 417.
11-13 THENCE east along Guadalupe County Road 417 to the intersect
11-14 of Guadalupe County Road 417 and Guadalupe County Road 412.
11-15 THENCE northeast along Guadalupe County Road 412 to the
11-16 intersect of Guadalupe County Road 412 and Guadalupe County Road
11-17 411 A.
11-18 THENCE east along Guadalupe County Road 411 A to the
11-19 intersect of Guadalupe County Road 411 A and Farm-to-Market road
11-20 number 725.
11-21 THENCE north along Farm-to-Market Road 725 to the intersect
11-22 of Farm-to-Market Road 725 and Interstate Highway 10.
11-23 THENCE east along Interstate Highway 10 to the intersect of
11-24 Interstate Highway 10 and State Highway 90.
11-25 THENCE east along State Highway 90 to the Guadalupe
11-26 County-Caldwell County line at the San Marcos river.
11-27 THENCE northwest along the Guadalupe County-Caldwell County
12-1 line along the San Marcos river to the place of beginning; and
12-2 (7) the part of Atascosa County beginning on the north
12-3 line of the Robt. C. Rogers Survey, at the Bexar County-Atascosa
12-4 County line, to its northwest corner, which is the northeast corner
12-5 of the F. Brockinzen Survey, Abstract 86;
12-6 THENCE south along the east line of said Survey passing
12-7 through its southeast corner and continuing south along the east
12-8 line of the F. Brockinzen Survey, Abstract 90, to its southeast
12-9 corner;
12-10 THENCE west along the south line of said survey to its
12-11 southwest corner;
12-12 THENCE north along the west line of said F. Brockinzen Survey
12-13 to the southeast corner of the B. Bonngartner Survey, Abstract 87;
12-14 THENCE west along the south line of said B. Bonngartner
12-15 Survey passing through its southwest corner and continuing along
12-16 the south line of the J. B. Goettlemann Survey, Abstract 309, to
12-17 the Atascosa County-Medina County line;
12-18 THENCE north along the Atascosa County-Medina County line to
12-19 the Bexar County line;
12-20 THENCE east along the Atascosa County-Bexar County Line to
12-21 the place of beginning.
12-22 SECTION 1.05. FINDINGS RELATING TO BOUNDARIES. The
12-23 legislature finds that the boundaries and field notes of the
12-24 authority form a closure. A mistake in the field notes or in
12-25 copying the field notes in the legislative process does not affect
12-26 the organization, existence, or validity of the district or the
12-27 legality or operation of the district or its governing body.
13-1 SECTION 1.06. FINDING OF BENEFIT. (a) The legislature
13-2 finds that the water in the unique underground system of
13-3 water-bearing formations known as the Edwards-Balcones Fault Zone
13-4 Aquifer has a hydrologic interrelationship to the Guadalupe, San
13-5 Antonio, San Marcos, Comal, Frio, and Nueces river basins, is the
13-6 primary source of water for the residents of the region, and is
13-7 vital to the general economy and welfare of this state. The
13-8 legislature finds that it is necessary, appropriate, and a benefit
13-9 to the welfare of this state to provide for the management of the
13-10 aquifer through the application of management mechanisms consistent
13-11 with our legal system and appropriate to the aquifer system.
13-12 (b) The legislature further finds that the state will be
13-13 benefitted by exercise of the powers of the authority and by the
13-14 works and projects that are to be accomplished by the authority
13-15 under powers conferred by Article XVI, Section 59, of the Texas
13-16 Constitution. The authority is created to serve a public use and
13-17 benefit.
13-18 SECTION 1.07. OWNERSHIP OF UNDERGROUND WATER. The ownership
13-19 and rights of the owner of the land and the owner's lessees and
13-20 assigns in underground water and the contract rights of any person
13-21 who purchases water for the provision of potable water to the
13-22 public or for the resale of potable water to the public for any use
13-23 are recognized, and this Act may not be construed as depriving or
13-24 divesting the owner or the owner's lessees and assigns of these
13-25 ownership rights or as impairing the contract rights of any person
13-26 who purchases water for the provision of potable water to the
13-27 public or for the resale of potable water to the public for any
14-1 use, subject to the rules adopted by the authority or a district
14-2 exercising the powers provided by Chapter 52, Water Code. The
14-3 legislature intends that just compensation be paid if
14-4 implementation of this article causes a taking of private property
14-5 or the impairment of a contract in contravention of the Texas or
14-6 federal constitution.
14-7 SECTION 1.08. GENERAL POWERS. (a) The authority has all of
14-8 the rights, powers, privileges, authority, functions, and duties
14-9 provided by the general law of this state, including Chapters 50,
14-10 51, and 52, Water Code, applicable to an authority created under
14-11 Article XVI, Section 59, of the Texas Constitution. This article
14-12 prevails over any provision of general law that is in conflict or
14-13 inconsistent with this article regarding the area of the
14-14 authority's jurisdiction.
14-15 (b) The authority's powers apply only to underground water
14-16 within the aquifer.
14-17 (c) The authority has the powers provided to a local
14-18 government under Subchapters D and E, Chapter 26, Water Code, to
14-19 prevent pollution and enforce water quality standards within the
14-20 authority's boundaries and within a buffer zone that includes all
14-21 of the area less than 10 miles outside of the authority's
14-22 boundaries. The authority shall apply those pollution standards
14-23 equally and uniformly within its jurisdiction.
14-24 SECTION 1.09. BOARD OF DIRECTORS. (a) The authority is
14-25 governed by a board of nine directors.
14-26 (b) The authority board consists of:
14-27 (1) a member appointed by the South Central Texas
15-1 Water Council created by this Act;
15-2 (2) three residents of Bexar County, with two
15-3 residents appointed by the governing body of the city of San
15-4 Antonio and one resident appointed by the Commissioners Court of
15-5 Bexar County to represent cities, communities, and agricultural
15-6 interests in the county other than the city of San Antonio;
15-7 (3) one resident of Comal County or the city of New
15-8 Braunfels appointed by the Commissioners Court of Comal County;
15-9 (4) one resident of Hays County appointed by the
15-10 governing body of the city of San Marcos;
15-11 (5) one resident of Medina County appointed by the
15-12 governing body of the Medina Underground Water Conservation
15-13 District;
15-14 (6) one resident of Uvalde County appointed by the
15-15 governing body of the Uvalde Underground Water Conservation
15-16 District; and
15-17 (7) one person appointed in rotation to represent
15-18 Atascosa, Caldwell, or Guadalupe County, with a resident of
15-19 Atascosa County appointed by the governing body of the Evergreen
15-20 Underground Water District, with the person appointed by the
15-21 Evergreen Underground Water District serving the first term,
15-22 followed by a person appointed by the Commissioners Court of
15-23 Caldwell County to serve the second term, followed by a person
15-24 appointed by the Commissioners Court of Guadalupe County to serve
15-25 the third term, and rotating in that order of appointment for
15-26 subsequent terms.
15-27 (c) The Commissioners Court of Bexar County and the
16-1 governing body of the city of San Antonio shall make appointments
16-2 under Subsection (b) of this section that accurately reflect the
16-3 ethnic composition of the population of Bexar County.
16-4 (d) The initial directors of the authority board shall draw
16-5 lots to determine their terms. Four initial directors serve terms
16-6 that expire June 1, 1995. Five initial directors serve terms that
16-7 expire June 1, 1997. Subsequent directors shall be appointed to
16-8 serve staggered four-year terms, the appropriate number of which
16-9 expire June 1 of each odd-numbered year.
16-10 (e) At the initial meeting of the authority board, the
16-11 members shall select one member to serve as presiding officer. The
16-12 presiding officer serves a term set by rule of the authority board
16-13 not to exceed four years. An act of the authority board is not
16-14 valid unless adopted by the affirmative vote of a majority of the
16-15 members of the authority board.
16-16 (f) An authority board member receives no compensation for
16-17 service on the authority board but is entitled to reimbursement for
16-18 actual and necessary expenses incurred in the performance of the
16-19 member's duties.
16-20 (g) An authority board member shall hold office until a
16-21 successor has been selected and approved and has qualified by
16-22 taking the oath of office.
16-23 (h) If a vacancy on the authority board occurs, the
16-24 governing body that appointed the vacating member shall appoint
16-25 another person having the same qualifications required of the
16-26 vacating member to serve the unexpired portion of the vacating
16-27 member's term.
17-1 SECTION 1.10. REGIONAL SOUTH CENTRAL TEXAS WATER COUNCIL.
17-2 (a) The South Central Texas Water Council shall advise all
17-3 municipalities and water districts in its member counties on water
17-4 rights and issues. The council consists of members appointed in
17-5 accordance with Subsection (b) of this section and one member
17-6 appointed by the commissioners court of each of the following
17-7 counties:
17-8 (1) Atascosa;
17-9 (2) Bandera;
17-10 (3) Bexar;
17-11 (4) Caldwell;
17-12 (5) Calhoun;
17-13 (6) Comal;
17-14 (7) DeWitt;
17-15 (8) Edwards;
17-16 (9) Frio;
17-17 (10) Goliad;
17-18 (11) Gonzales;
17-19 (12) Guadalupe;
17-20 (13) Hays;
17-21 (14) Jackson;
17-22 (15) Karnes;
17-23 (16) Kinney;
17-24 (17) Medina;
17-25 (18) Nueces;
17-26 (19) Real;
17-27 (20) Refugio;
18-1 (21) San Patricio;
18-2 (22) Uvalde;
18-3 (23) Victoria; and
18-4 (24) Wilson.
18-5 (b) The governing body of each municipality that is in a
18-6 county listed in Subsection (a) of this section and has a
18-7 population of more than 50,000 may also appoint a member to the
18-8 council.
18-9 (c) A council member must be a resident or qualified voter
18-10 of a county all or part of which is included in the member's area
18-11 of representation.
18-12 (d) The reimbursement of a council member for expenses is on
18-13 the same terms as the reimbursement of authority board members. A
18-14 council member is not entitled to compensation.
18-15 (e) A council member holds office until a successor is
18-16 appointed.
18-17 (f) The authority shall send to each council member all the
18-18 communications of the authority that are extended to authority
18-19 board members. Council members may participate in authority board
18-20 meetings to represent water concerns and assist in solutions to
18-21 those concerns.
18-22 (g) The council by resolution may request the authority
18-23 board to reconsider any action that is considered prejudicial to
18-24 regional water interests. If the authority board review does not
18-25 result in a resolution satisfactory to the council, the council by
18-26 resolution adopted by a two-thirds vote may request the commission
18-27 to review the action. The commission shall review the action when
19-1 requested to do so and if the commission does not consent to the
19-2 action of the authority the action is annulled.
19-3 (h) The council shall meet to organize and elect a presiding
19-4 officer.
19-5 (i) The presiding officer of the council shall submit a
19-6 report assessing the effectiveness of the authority to the board,
19-7 commission, and authority on or before March 31 of each
19-8 even-numbered year. The report must assess the effect on
19-9 downstream water rights as a result of the management of the
19-10 aquifer, and any other matters considered pertinent by the council.
19-11 The authority shall be guided by the report in managing the
19-12 authority's affairs.
19-13 (j) The council's duties include:
19-14 (1) assisting the authority in developing the
19-15 authority's demand management plan; and
19-16 (2) assisting the authority in implementing the demand
19-17 management plan.
19-18 SECTION 1.11. GENERAL POWERS AND DUTIES OF AUTHORITY. (a)
19-19 The authority shall adopt rules to implement this article. The
19-20 authority may issue orders to enforce rules implementing this
19-21 article.
19-22 (b) The authority may hold permits under state law or under
19-23 the federal Endangered Species Act of 1973 (16 U.S.C. Section 1531
19-24 et seq.).
19-25 (c) The authority may contract with a person to construct,
19-26 operate, own, finance, and maintain water supply facilities.
19-27 Management fees or special fees may not be used for purchasing or
20-1 operating these facilities. For the purpose of this subsection,
20-2 "water supply facility" includes a dam, reservoir, treatment
20-3 facility, transmission facility, or recharge project.
20-4 (d) The authority has the power of eminent domain. The
20-5 authority may not acquire rights to underground water by the power
20-6 of eminent domain.
20-7 (e) The authority is subject to the open meetings law,
20-8 Chapter 271, Acts of the 60th Legislature, Regular Session, 1967
20-9 (Article 6252-17, Vernon's Texas Civil Statutes), the open records
20-10 law, Chapter 424, Acts of the 63rd Legislature, Regular Session,
20-11 1973 (Article 6252-17a, Vernon's Texas Civil Statutes), and the
20-12 Administrative Procedure and Texas Register Act (Article 6252-13a,
20-13 Vernon's Texas Civil Statutes).
20-14 SECTION 1.12. LEGISLATIVE OVERSIGHT. (a) The authority and
20-15 the water districts within it are subject to a full legislative
20-16 review of the effectiveness of their protection of endangered
20-17 species and management of water resources in the region. The
20-18 review shall be conducted by the Legislative Natural Resources
20-19 Board and its initial report shall be made to the 74th Legislature
20-20 during its regular session. The board shall recommend the
20-21 conditions for continuation of the stewardship of the authority or
20-22 the transfer of the authority's duties to the commission.
20-23 (b) The authority is subject to review under Chapter 325,
20-24 Government Code (Texas Sunset Act).
20-25 (c) Unless the authority is continued by an act of the
20-26 legislature, the authority is abolished on September 1, 2005, and
20-27 the authority's powers, functions, and duties are transferred to
21-1 the commission.
21-2 SECTION 1.13. REUSE AUTHORIZED. (a) Any regulation of the
21-3 withdrawal of water from the aquifer must allow for credit to be
21-4 given for certified reuse of the water. For regulatory credit, the
21-5 authority or a local underground water conservation district must
21-6 certify:
21-7 (1) the lawful use and reuse of aquifer water;
21-8 (2) the amount of aquifer water to be used; and
21-9 (3) the amount of aquifer withdrawals replaced by
21-10 reuse.
21-11 (b) Water withdrawn from the aquifer and returned to a water
21-12 course by a user under a wastewater discharge permit is
21-13 appropriated to the discharging user for reuse to the extent that:
21-14 (1) reuse is certified by the authority or a local
21-15 underground water conservation district;
21-16 (2) reuse replaces water that would otherwise have
21-17 been withdrawn from the aquifer; and
21-18 (3) reuse is for municipal, industrial, or domestic or
21-19 livestock purposes.
21-20 SECTION 1.14. WITHDRAWALS. (a) Management of water use
21-21 from the aquifer shall be made in accordance with this Act to:
21-22 (1) protect species that are designated as threatened
21-23 or endangered under applicable federal law along with their
21-24 critical habitat;
21-25 (2) protect the quality of water entering the aquifer;
21-26 (3) protect the water quality of discharges to the
21-27 surface streams to which the aquifer provides springflow;
22-1 (4) maximize the water available for withdrawal from
22-2 the aquifer; and
22-3 (5) achieve water conservation.
22-4 (b) The authority may not allow withdrawals from the aquifer
22-5 through wells drilled after June 1, 1993, except additional water
22-6 as provided by Subsection (e) and then on an interruptible basis.
22-7 (c) Except as provided by Subsections (e), (f), and (i) of
22-8 this section and Section 1.17 of this article, for the period
22-9 ending December 31, 2007, the amount of withdrawals from the
22-10 aquifer should not exceed 450,000 acre-feet of water for each
22-11 calendar year.
22-12 (d) Except as provided by Subsections (e), (f), and (i) of
22-13 this section and Section 1.17 of this article, beginning January 1,
22-14 2008, the amount of withdrawals from the aquifer should not exceed
22-15 400,000 acre-feet of water for each calendar year.
22-16 (e) If, through studies and implementation of water
22-17 management strategies, including conservation, springflow
22-18 augmentation, diversions downstream of the springs, reuse,
22-19 supplemental recharge, conjunctive management of surface and
22-20 subsurface water, and drought management plans, the authority
22-21 determines that additional supplies are available from the aquifer
22-22 or that the available supply is reduced, the authority, in
22-23 consultation with appropriate state and federal agencies, may
22-24 review and may increase or decrease the maximum amount of
22-25 withdrawals provided by this section and set a different maximum
22-26 amount of withdrawals.
22-27 (f) If the level of the aquifer is equal to or greater than
23-1 665 feet above mean sea level as measured at well J-17, the
23-2 authority may authorize withdrawal from the San Antonio pool, on an
23-3 interruptible basis, of additional amounts above the withdrawal
23-4 limitations imposed in accordance with this section. If the level
23-5 of the aquifer is equal to or greater than 865 feet at well J-27,
23-6 the authority may authorize withdrawal from the Uvalde pool, on an
23-7 interruptible basis, of additional amounts above the withdrawal
23-8 limits imposed in accordance with this section. The authority
23-9 shall limit the additional withdrawals to ensure that springflows
23-10 are not affected during critical drought conditions.
23-11 (g) The management plan adopted by the authority may include
23-12 management of the withdrawal of water by users so that total
23-13 withdrawals from the aquifer before January 1, 2007, should be
23-14 450,000 acre-feet per year, except as provided by Subsections (e),
23-15 (f), and (i) of this section. Any reductions made necessary by the
23-16 management plan shall be effected by reductions pro rata.
23-17 (h) The authority by rule may define other pools within the
23-18 aquifer, in accordance with hydrogeologic research, and may
23-19 establish index wells for any pool to monitor the level of the
23-20 aquifer to aid the regulation of withdrawals from the pools.
23-21 (i) To accomplish the purposes of this article, by June 1,
23-22 1994, the authority, through a management plan, shall implement and
23-23 enforce water management practices, procedures, and methods to
23-24 ensure that, not later than December 31, 2012, the continuous
23-25 minimum springflows of the Comal Springs and the San Marcos Springs
23-26 are maintained to protect endangered and threatened species to the
23-27 extent required by federal law. The authority from time to time as
24-1 appropriate may revise the practices, procedures, and methods. To
24-2 meet this requirement, the authority may require:
24-3 (1) phased reductions in the amount of water that may
24-4 be used or withdrawn by existing users or categories of other
24-5 users; or
24-6 (2) implementation of alternative management
24-7 practices, procedures, and methods.
24-8 (j) The authority shall prepare and implement a plan for
24-9 reducing, by January 1, 2008, the targeted annual volume of water
24-10 authorized to be withdrawn from the aquifer to 400,000 acre-feet a
24-11 year or the adjusted amount determined under Subsection (e) of this
24-12 section. The plan must be enforceable and must include water
24-13 conservation and reuse measures and other water management measures
24-14 designed to achieve the reduction levels or appropriate management
24-15 of the resource.
24-16 SECTION 1.15. LOANS AND GRANTS. (a) Notwithstanding any
24-17 other provision of law, the authority is eligible as a lender
24-18 district to receive loans from the Texas Water Development Board
24-19 under the agricultural water conservation bond program under
24-20 Subchapter J, Chapter 17, Water Code.
24-21 (b) The authority may apply for, request, solicit, contract
24-22 for, receive, and accept gifts, grants, and other assistance from
24-23 any source for the purposes of this article.
24-24 (c) The authority may issue grants or make loans to finance
24-25 the purchase or installation of equipment or facilities. If the
24-26 authority issues a grant for a water conservation, reuse, or water
24-27 management project, the authority shall demonstrate a cost benefit
25-1 equal to replacement cost of the water conserved or made available
25-2 by the project.
25-3 SECTION 1.16. COMPREHENSIVE MANAGEMENT PLAN. (a)
25-4 Consistent with Section 1.14 of this article, the authority shall
25-5 develop, by September 1, 1995, and implement a comprehensive water
25-6 management plan that includes conservation, future supply, and
25-7 demand management plans. The authority may delegate the
25-8 development of the plan under Section 1.33 of this article.
25-9 (b) The South Central Texas Water Council, in conjunction
25-10 with the Texas Water Development Board and underground water
25-11 conservation districts within the authority's boundaries, shall
25-12 develop a 20-year plan for providing alternative supplies of water
25-13 to the region, with five-year goals and objectives, to be
25-14 implemented by the authority and reviewed annually by the
25-15 appropriate state agencies. The council, Texas Water Development
25-16 Board, and districts, in developing the plan, shall:
25-17 (1) make a thorough investigation of all alternative
25-18 technologies;
25-19 (2) provide for financial assistance for alternative
25-20 supplies through the Texas Water Development Board; and
25-21 (3) perform a cost-benefit analysis and an
25-22 environmental analysis.
25-23 SECTION 1.17. CRITICAL PERIOD MANAGEMENT PLAN. The
25-24 authority shall prepare and coordinate implementation of a plan for
25-25 critical period management on or before September 1, 1995. The
25-26 mechanisms must:
25-27 (1) distinguish between discretionary use and
26-1 nondiscretionary use;
26-2 (2) require reductions of all discretionary use to the
26-3 maximum extent feasible;
26-4 (3) require utility pricing, to the maximum extent
26-5 feasible, to limit discretionary use by the customers of water
26-6 utilities; and
26-7 (4) require reduction of nondiscretionary use, to the
26-8 extent further reductions are necessary, in the reverse order of
26-9 the following water use preferences:
26-10 (A) domestic and livestock;
26-11 (B) industrial and crop irrigation;
26-12 (C) residential landscape irrigation;
26-13 (D) recreational and pleasure; and
26-14 (E) other uses that are authorized by law.
26-15 SECTION 1.18. RESEARCH. (a) The authority shall assist the
26-16 research on the technological feasibility of springflow enhancement
26-17 and yield enhancement that is being conducted by the Edwards
26-18 Underground Water District on September 1, 1993.
26-19 (b) The authority may conduct research to help:
26-20 (1) manage water resources, including water
26-21 conservation, water use and reuse, and drought management measures;
26-22 (2) monitor and protect water quality;
26-23 (3) enhance the recharge, augment the springflow, and
26-24 enhance the yield of the aquifer; and
26-25 (4) develop alternative supplies of water for users.
26-26 (c) The authority may contract with other persons to conduct
26-27 research.
27-1 SECTION 1.19. TAX; BONDS. (a) The authority may not levy a
27-2 property tax.
27-3 (b) The authority may issue revenue bonds to finance the
27-4 purchase of land or the purchase, construction, or installation of
27-5 facilities or equipment. The authority may not allow for any
27-6 person to construct, acquire, or own facilities for transporting
27-7 groundwater out of Uvalde County or Medina County.
27-8 (c) Bonds issued by the authority are subject to review and
27-9 approval of the attorney general and the commission. If the
27-10 attorney general finds that the bonds have been authorized in
27-11 accordance with the law, the attorney general shall approve them,
27-12 and the comptroller of public accounts shall register the bonds.
27-13 Following approval and registration, the bonds are incontestable
27-14 and are binding obligations according to their terms.
27-15 (d) The authority board may organize proceeds of the bonds
27-16 into funds and accounts and may invest the proceeds as the
27-17 authority board determines is appropriate.
27-18 SECTION 1.20. FUNDING OF AUTHORITY. (a) The cost of
27-19 reducing withdrawals must be borne:
27-20 (1) solely by users of the aquifer for reducing
27-21 withdrawals from the level on the effective date of this article to
27-22 450,000 acre-feet a year, or the adjusted amount for the period
27-23 ending December 31, 2007, determined under Section 1.14(e) of this
27-24 article; and
27-25 (2) equally by aquifer users and downstream water
27-26 rights holders from 450,000 acre-feet a year, or the adjusted
27-27 amount for the period ending December 31, 2007, determined under
28-1 Section 1.14(e) of this article, to 400,000 acre-feet a year, or
28-2 the adjusted amount for the period beginning January 1, 2008,
28-3 determined under Section 1.14(e) of this article.
28-4 (b) The authority shall assess equitable aquifer management
28-5 fees based on aquifer use under the water management plan to
28-6 finance its administrative expenses and programs authorized under
28-7 this article.
28-8 (c) The authority shall assess on all downstream water
28-9 rights holders in the Guadalupe River Basin equitable special fees
28-10 established by the South Central Texas Water Council. Money
28-11 derived from the fees may be used only to finance the meeting of
28-12 the targeted limits provided by Section 1.14(c) and (d) of this
28-13 article.
28-14 (d) The amount of special fees assessed under Subsection (c)
28-15 shall be determined in accordance with an agreement adopted by the
28-16 South Central Texas Water Council and approved by the authority in
28-17 accordance with fees under the South Texas watermaster program. A
28-18 downstream water rights holder shall pay fees assessed under
28-19 Subsection (c) to the authority. A fee may not be assessed by the
28-20 authority under Subsection (c) on contractual deliveries of water
28-21 stored in Canyon Lake that may be diverted downstream of the San
28-22 Marcos Springs or Canyon Dam. A person or entity making a
28-23 contractual sale of water stored upstream of Canyon Dam may not
28-24 establish a systemwide rate that requires purchasers of
28-25 upstream-stored water to pay the special fee assessed under
28-26 Subsection (c). The authority may not assess a fee under
28-27 Subsection (c) on hydroelectric use of water by the following dams:
29-1 (1) City of Gonzales Dam;
29-2 (2) City of Seguin Dam;
29-3 (3) New Braunfels Utilities Dam;
29-4 (4) Dam No. TP-1;
29-5 (5) Dam No. TP-3;
29-6 (6) Dam No. TP-4;
29-7 (7) Dam No. TP-5;
29-8 (8) Dam No. H-4; or
29-9 (9) Dam No. H-5.
29-10 (e) In developing an equitable fee structure under this
29-11 section, the authority may establish different fee rates on a per
29-12 acre-foot basis for different types of use. The fees must be
29-13 equitable between types of uses. The fee rate for agricultural use
29-14 may not be more than the lesser of $2 or 20 percent of the fee rate
29-15 for municipal use.
29-16 (f) The authority may impose a registration application fee
29-17 not to exceed $10.
29-18 (g) Special fees collected under Subsection (c) of this
29-19 section may not be used to finance a surface water supply reservoir
29-20 project.
29-21 SECTION 1.21. RIVER DIVERSIONS. (a) The authority may
29-22 without further permission divert water from the Guadalupe River
29-23 from a diversion point on the river downstream of the point where
29-24 the river emerges as a spring to provide water for the creation or
29-25 maintenance of artificial habitat for endangered or threatened
29-26 species, springflow augmentation, or to supplement aquifer recharge
29-27 if:
30-1 (1) the diversion is made to increase the yield of the
30-2 aquifer; and
30-3 (2) the diversion does not impair senior water rights
30-4 or vested riparian rights.
30-5 (b) The commission shall recognize the volume of water
30-6 diverted under this section and may not grant a right to
30-7 appropriate water that is senior to the right granted by this
30-8 section.
30-9 SECTION 1.22. MEASURING DEVICES. (a) The owner of a
30-10 nonexempt well that withdraws water from the aquifer shall install
30-11 and maintain a measuring device approved by the authority designed
30-12 to indicate the flow rate and cumulative amount of water withdrawn
30-13 by that well. This requirement may be waived by the authority on
30-14 written request by a well owner to use an alternative method of
30-15 determining the amount of water withdrawn.
30-16 (b) The authority is responsible for the costs of
30-17 purchasing, installing, and maintaining measuring devices, if
30-18 required, for an irrigation well in existence on September 1, 1993.
30-19 SECTION 1.23. REPORTS. Not later than March 1 of each year,
30-20 and on a form prescribed by the authority, each owner of a metered
30-21 well shall file with the authority a written report of water use
30-22 for the preceding calendar year.
30-23 SECTION 1.24. WELL METER EXEMPTION; EXEMPT WELL
30-24 REGISTRATION. (a) A well that produces 25,000 gallons of water a
30-25 day or less for domestic or livestock use is exempt from metering
30-26 requirements.
30-27 (b) Exempt wells must register with the authority or with an
31-1 underground water conservation district in which the well is
31-2 located.
31-3 (c) A well within or serving a subdivision requiring
31-4 platting does not qualify for the exemption under Subsection (a) of
31-5 this section.
31-6 SECTION 1.25. TRANSFER OF WATER. (a) Water withdrawn from
31-7 the aquifer must be used within the boundaries of the authority.
31-8 (b) The authority by rule may develop procedures to quantify
31-9 for a well the annual quantity of water historically used from the
31-10 well. The owner of a well may lease not more than 50 percent of
31-11 the annual quantity of water used from the well as determined by
31-12 the authority. The owner of a well must apply to the authority for
31-13 a determination of historical use in accordance with rules of the
31-14 authority and on forms prescribed by the authority before the owner
31-15 leases water from the well.
31-16 (c) An underground water conservation district may lease
31-17 irrigable land above the aquifer for the production of water.
31-18 SECTION 1.26. PROHIBITION. A person may not withdraw water
31-19 from the aquifer except as authorized by this article.
31-20 SECTION 1.27. ENFORCEMENT. The authority may issue orders
31-21 to enforce the terms and conditions of enforceable plans adopted
31-22 under this article.
31-23 SECTION 1.28. ADMINISTRATIVE PENALTY. (a) The authority
31-24 may assess an administrative penalty against a person who violates
31-25 this article or order issued under this article in an amount of not
31-26 less than $100 or more than $1,000 for each violation and for each
31-27 day of a continuing violation.
32-1 (b) In determining the amount of the penalty, the authority
32-2 shall consider:
32-3 (1) the history of previous violations;
32-4 (2) the amount necessary to deter future violations;
32-5 (3) efforts to correct the violation;
32-6 (4) enforcement costs relating to the violation; and
32-7 (5) any other matters that justice may require.
32-8 (c) If after an examination of the facts the authority
32-9 concludes that the person did commit a violation, the authority may
32-10 issue a preliminary report stating the facts on which it based its
32-11 conclusion, recommending that an administrative penalty under this
32-12 section be imposed, and recommending the amount of the proposed
32-13 penalty.
32-14 (d) The authority shall give written notice of the report to
32-15 the person charged with committing the violation. The notice must
32-16 include a brief summary of the facts, a statement of the amount of
32-17 the recommended penalty, and a statement of the person's right to
32-18 an informal review of the occurrence of the violation, the amount
32-19 of the penalty, or both.
32-20 (e) Not later than the 10th day after the date on which the
32-21 person charged with committing the violation receives the notice,
32-22 the person may either give the authority written consent to the
32-23 report, including the recommended penalty, or make a written
32-24 request for an informal review by the authority.
32-25 (f) If the person charged with committing the violation
32-26 consents to the penalty recommended by the authority or fails
32-27 timely to request an informal review, the authority shall assess
33-1 the penalty. The authority shall give the person written notice of
33-2 its action. The person shall pay the penalty not later than the
33-3 30th day after the date on which the person receives the notice.
33-4 (g) If the person charged with committing a violation
33-5 requests an informal review as provided by Subsection (e) of this
33-6 section, the authority shall conduct the review. The authority
33-7 shall give the person written notice of the results of the review.
33-8 (h) Not later than the 10th day after the date on which the
33-9 person charged with committing the violation receives the notice
33-10 prescribed by Subsection (g) of this section, the person may make
33-11 to the authority a written request for a hearing.
33-12 (i) If, after informal review, a person who has been ordered
33-13 to pay a penalty fails to request a formal hearing in a timely
33-14 manner, the authority shall assess the penalty. The authority
33-15 shall give the person written notice of its action. The person
33-16 shall pay the penalty not later than the 30th day after the date on
33-17 which the person receives the notice.
33-18 (j) Within 30 days after the date the authority's order is
33-19 final as provided by Section 16(c), Administrative Procedure and
33-20 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
33-21 Statutes), the person shall:
33-22 (1) pay the amount of the penalty;
33-23 (2) pay the amount of the penalty and file a petition
33-24 for judicial review contesting the occurrence of the violation, the
33-25 amount of the penalty, or both the occurrence of the violation and
33-26 the amount of the penalty; or
33-27 (3) without paying the amount of the penalty, file a
34-1 petition for judicial review contesting the occurrence of the
34-2 violation, the amount of the penalty, or both the occurrence of the
34-3 violation and the amount of the penalty.
34-4 (k) Within the 30-day period, a person who acts under
34-5 Subsection (j)(3) of this section may:
34-6 (1) stay enforcement of the penalty by:
34-7 (A) paying the amount of the penalty to the
34-8 court for placement in an escrow account; or
34-9 (B) giving to the court a supersedeas bond
34-10 approved by the court for the amount of the penalty and that is
34-11 effective until all judicial review of the authority's order is
34-12 final; or
34-13 (2) request the court to stay enforcement of the
34-14 penalty by:
34-15 (A) filing with the court a sworn affidavit of
34-16 the person stating that the person is financially unable to pay the
34-17 amount of the penalty and is financially unable to give the
34-18 supersedeas bond; and
34-19 (B) giving a copy of the affidavit to the
34-20 authority by certified mail.
34-21 (l) If the authority receives a copy of an affidavit under
34-22 Subsection (k)(2) of this section, it may file, with the court
34-23 within five days after the date the copy is received, a contest to
34-24 the affidavit. The court shall hold a hearing on the facts alleged
34-25 in the affidavit as soon as practicable and shall stay the
34-26 enforcement of the penalty on finding that the alleged facts are
34-27 true. The person who files an affidavit has the burden of proving
35-1 that the person is financially unable to pay the amount of the
35-2 penalty and to give a supersedeas bond.
35-3 (m) If the person does not pay the amount of the penalty and
35-4 the enforcement of the penalty is not stayed, the authority may
35-5 refer the matter to the attorney general for collection of the
35-6 amount of the penalty.
35-7 (n) Judicial review of the order of the authority:
35-8 (1) is instituted by filing a petition as provided by
35-9 Section 19, Administrative Procedure and Texas Register Act
35-10 (Article 6252-13a, Vernon's Texas Civil Statutes); and
35-11 (2) is under the substantial evidence rule.
35-12 (o) If the court sustains the occurrence of the violation,
35-13 the court may uphold or reduce the amount of the penalty and order
35-14 the person to pay the full or reduced amount of the penalty. If
35-15 the court does not sustain the occurrence of the violation, the
35-16 court shall order that no penalty is owed.
35-17 (p) When the judgment of the court becomes final, the court
35-18 shall proceed under this subsection. If the person paid the amount
35-19 of the penalty and if that amount is reduced or is not upheld by
35-20 the court, the court shall order that the appropriate amount plus
35-21 accrued interest be remitted to the person. The rate of the
35-22 interest is the rate charged on loans to depository institutions by
35-23 the New York Federal Reserve Bank, and the interest shall be paid
35-24 for the period beginning on the date the penalty was paid and
35-25 ending on the date the penalty is remitted. If the person gave a
35-26 supersedeas bond and if the amount of the penalty is not upheld by
35-27 the court, the court shall order the release of the bond. If the
36-1 person gave a supersedeas bond and if the amount of the penalty is
36-2 reduced, the court shall order the release of the bond after the
36-3 person pays the amount.
36-4 (q) A penalty collected under this section shall be remitted
36-5 to the authority.
36-6 (r) All proceedings under this section are subject to the
36-7 Administrative Procedure and Texas Register Act (Article 6252-13a,
36-8 Vernon's Texas Civil Statutes).
36-9 SECTION 1.29. CIVIL PENALTY. (a) The authority may file a
36-10 civil action in state district court for a civil penalty for a
36-11 violation of this article or a rule adopted or order issued under
36-12 this article.
36-13 (b) The authority may recover a civil penalty of not less
36-14 than $100 or more than $10,000 for each violation and for each day
36-15 of violation and attorney fees.
36-16 (c) A civil penalty or attorney fees collected by the
36-17 authority under this section shall be paid to the authority.
36-18 SECTION 1.30. INJUNCTION BY AUTHORITY. The authority may
36-19 file a civil suit in a state district court for an injunction to
36-20 enforce this article. The authority may recover reasonable
36-21 attorney's fees in a suit under this section.
36-22 SECTION 1.31. EDWARDS UNDERGROUND WATER DISTRICT. Chapter
36-23 99, Acts of the 56th Legislature, Regular Session, 1959 (Article
36-24 8280-219, Vernon's Texas Civil Statutes), is amended by adding
36-25 Section 1A to read as follows:
36-26 Sec. 1A. The Edwards Underground Water District has the
36-27 powers provided by Chapter 52, Water Code, for an underground water
37-1 conservation district.
37-2 SECTION 1.32. Section 6(a), Chapter 99, Acts of the 56th
37-3 Legislature, Regular Session, 1959 (Article 8280-219, Vernon's
37-4 Texas Civil Statutes), is amended to read as follows:
37-5 (a) All elections within the District shall be conducted in
37-6 accordance with procedures provided by resolutions adopted by the
37-7 Board of Directors or as set forth in the bylaws and the Election
37-8 Code, and the results of all elections shall be canvassed by the
37-9 Board of Directors of the District at the regular or special
37-10 meeting following each election. All elections shall be held on
37-11 the first Saturday in May <third Saturday in January> of each
37-12 odd-numbered year and at the polling places designated by the Board
37-13 of Directors of the District. The terms of office of Directors
37-14 elected at each election <shall> begin on the date of the first
37-15 meeting of the Board <March 1> following their election.
37-16 SECTION 1.33. EFFECT ON OTHER DISTRICTS. (a) An
37-17 underground water conservation district other than the authority
37-18 may manage and control water that is a part of the aquifer after
37-19 the effective date of this article as provided by this section.
37-20 This article does not affect a water reclamation or conservation
37-21 district's management of any aquifer other than the Edwards Aquifer
37-22 as described in this Act.
37-23 (b) An underground water conservation district other than
37-24 the authority may manage and control water that is a part of the
37-25 aquifer to the extent that those management activities do not
37-26 conflict with this article.
37-27 (c) The authority shall delegate all or part of its powers
38-1 or duties to an underground water conservation district on the
38-2 district's request if:
38-3 (1) the district has statutory powers necessary for
38-4 full enforcement of the rules and orders to be delegated; and
38-5 (2) the district has implemented all rules and
38-6 policies necessary to fully implement the programs to be delegated.
38-7 (d) If the authority determines that a district has failed
38-8 to enforce or implement any of the rules or orders delegated under
38-9 this section, the authority immediately shall provide to the
38-10 district notice that sets forth the reasons for its determination
38-11 and the actions that the district must take to retain the delegated
38-12 authority. Failure by the district to take actions within the time
38-13 specified by the authority shall result in the immediate revocation
38-14 of the delegation to the district.
38-15 ARTICLE 2
38-16 SECTION 2.01. DEFINITION. In this article, "district" means
38-17 the Uvalde County Underground Water Conservation District.
38-18 SECTION 2.02. VALIDATION. The creation of the district and
38-19 all resolutions, orders, and other acts or attempted acts of the
38-20 board of directors of the district are validated in all respects.
38-21 The creation of the district and all resolutions, orders, and other
38-22 acts or attempted acts of the board of directors of the district
38-23 are valid as though they originally had been legally authorized or
38-24 accomplished.
38-25 SECTION 2.03. BOUNDARIES. Pursuant to the petition to the
38-26 Commissioners Court of Uvalde County, Texas, requesting the
38-27 creation of the district, the district includes the territory
39-1 contained within the boundaries of Uvalde County.
39-2 SECTION 2.04. FINDING OF BENEFIT. All the land and other
39-3 property included within the boundaries of the district will be
39-4 benefitted by the validation of the district.
39-5 SECTION 2.05. POWERS. (a) The district has all of the
39-6 rights, powers, privileges, authority, functions, and duties
39-7 provided by the general law of the state, including Chapters 50 and
39-8 52, Water Code, applicable to underground water conservation
39-9 districts created under Article XVI, Section 59, of the Texas
39-10 Constitution. This article prevails over any provision of general
39-11 law that is in conflict or inconsistent with this article.
39-12 (b) The district may develop and implement a drought
39-13 response plan, with reasonable rules, using water levels as
39-14 observed in the Uvalde Index Well YP-69-50-302.
39-15 (c) The rights, powers, privileges, authority, functions,
39-16 and duties of the district are subject to the continuing right of
39-17 supervision of the state to be exercised by and through the Texas
39-18 Water Commission.
39-19 SECTION 2.06. LEVY OF TAXES. The levy and collection of
39-20 taxes by the district is governed by Subchapter H, Chapter 52,
39-21 Water Code, except that the district may not levy a maintenance and
39-22 operating tax at a rate that exceeds two cents per $100 assessed
39-23 valuation unless an election held in the district authorizes a
39-24 higher rate.
39-25 SECTION 2.07. PENDING LITIGATION. This article does not
39-26 apply to or affect litigation pending on the effective date of this
39-27 article in any court of competent jurisdiction in this state to
40-1 which the district is a party.
40-2 ARTICLE 3
40-3 SECTION 3.01. Sections 10.02-10.05, Chapter 3, Acts of the
40-4 72nd Legislature, 1st Called Session, 1991, are amended to read as
40-5 follows:
40-6 Sec. 10.02. (a) The board is composed of:
40-7 (1) the chair of the House Environmental Regulation
40-8 <Affairs> Committee;
40-9 (2) the chair of the Senate Natural Resources
40-10 Committee;
40-11 (3) the chair of the House Natural Resources
40-12 Committee;
40-13 (4) the chair of the Senate Finance Committee;
40-14 (5) the chair of the House Appropriations <Government
40-15 Organization> Committee; and
40-16 (6) the chair of the Senate State Affairs Committee.
40-17 (b) Each member of the board may designate a member of the
40-18 standing committee they chair to serve as an alternate board member
40-19 with full rights of membership in the absence of the named member.
40-20 Sec. 10.03. The board shall oversee and review the
40-21 implementation of legislative natural resources policy by state
40-22 agencies that have the statutory duty to implement that policy.
40-23 The board shall oversee and review the implementation of federal
40-24 environmental programs that may be delegated to the state. The
40-25 board shall oversee compliance with the Administrative Procedure
40-26 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
40-27 Statutes). The board may require information and reports from
41-1 state agencies as necessary to carry out its oversight and review
41-2 duties. The board may appoint subcommittees from the membership of
41-3 the standing committees represented by the members of the board.
41-4 Sec. 10.04. The board may receive grants, appropriations, or
41-5 property from any source. The board may contract with state or
41-6 federal agencies to support the implementation of legislative
41-7 natural resource policy <shall continue its review and oversight
41-8 activities during the transition period to the full Texas Natural
41-9 Resources Conservation Commission. The board shall terminate its
41-10 duties effective January 1, 1994>.
41-11 Sec. 10.05. At a minimum, the board shall ensure that agency
41-12 <transition> activities <do not>:
41-13 (1) do not delay or prejudice any permit processing
41-14 activities;
41-15 (2) do not result in undue duplication of effort;
41-16 (3) do not impede progress toward activities ensuring
41-17 the delegation of federal environmental programs; <and>
41-18 (4) ensure compliance with the provisions of this Act;
41-19 and
41-20 (5) do not result in rules that are duplicative or in
41-21 conflict.
41-22 SECTION 3.02. Section 33.007, Water Code, is amended to read
41-23 as follows:
41-24 Sec. 33.007. Rules. <(a) The commission shall adopt rules,
41-25 approved by the licensing department, as necessary to enforce this
41-26 chapter.>
41-27 <(b)> The commission may enforce by injunction or other
42-1 appropriate remedy in courts of competent jurisdiction any rule,
42-2 decisions, determinations, or orders adopted or entered by it that
42-3 do not conflict with a statute. The attorney general shall
42-4 represent the commission on request.
42-5 <(c) The commission shall adopt rules in accordance with the
42-6 Administrative Procedure and Texas Register Act (Article 6252-13a,
42-7 Vernon's Texas Civil Statutes).>
42-8 SECTION 3.03. Section 33.014, Water Code, is amended to read
42-9 as follows:
42-10 Sec. 33.014. Completion, Repair, and Plugging of Water
42-11 Wells. (a) <Each installer licensed under this chapter shall
42-12 install or repair pumps under standards and procedures adopted by
42-13 the commission with the advice of the council.>
42-14 <(b)> Each licensed installer shall notify the commission
42-15 and the landowner or person having a pump installed or repaired
42-16 when the installer encounters water injurious to vegetation, land,
42-17 or other water, and the installer shall repair or properly complete
42-18 the well in order to avoid injury or pollution. The installer
42-19 shall ensure that the well is repaired or properly completed under
42-20 standards and procedures adopted by the commission.
42-21 (b) <(c)> A licensed installer who knows of an abandoned or
42-22 deteriorated well as those terms are defined by Section 32.017 of
42-23 this code shall notify the landowner or person possessing the well
42-24 that the well must be plugged or capped in order to avoid injury or
42-25 pollution.
42-26 ARTICLE 4
42-27 SECTION 4.01. Findings Related to Procedural Requirements.
43-1 (a) The proper and legal notice of the intention to introduce this
43-2 Act, setting forth the general substance of this Act, has been
43-3 published as provided by law, and the notice and a copy of this Act
43-4 have been furnished to all persons, agencies, officials, or
43-5 entities to which they are required to be furnished by the
43-6 constitution and other laws of this state, including the governor,
43-7 who has submitted the notice and Act to the Texas Water Commission.
43-8 (b) The Texas Water Commission has filed its recommendations
43-9 relating to this Act with the governor, lieutenant governor, and
43-10 speaker of the house of representatives within the required time.
43-11 (c) All requirements of the constitution and laws of this
43-12 state and the rules and procedures of the legislature with respect
43-13 to the notice, introduction, and passage of this Act are fulfilled
43-14 and accomplished.
43-15 SECTION 4.02. EFFECTIVE DATES. This Act takes effect
43-16 September 1, 1993, except that Section 1.26 of Article 1 takes
43-17 effect March 1, 1994.
43-18 SECTION 4.03. EMERGENCY. The importance of this legislation
43-19 and the crowded condition of the calendars in both houses create an
43-20 emergency and an imperative public necessity that the
43-21 constitutional rule requiring bills to be read on three several
43-22 days in each house be suspended, and this rule is hereby suspended.