By:  Armbrister                                       S.B. No. 1477
       73R9865 JJT-F
                                 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 criminal penalties; and validating the
    1-6  creation of the Uvalde County Underground Water Conservation
    1-7  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-Balcones Fault Zone is declared to be a
   1-15  distinct natural resource in the state, a unique aquifer, and not
   1-16  an 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 control of the resource to protect
   1-19  terrestrial and aquatic life, domestic and municipal water
   1-20  supplies, the operation of existing industries, and the economic
   1-21  development of the state.  Use of water in the district for
   1-22  beneficial purposes requires that all reasonable measures be taken
   1-23  to be conservative in water use.
   1-24        SECTION 1.02.  Creation.  (a)  A conservation and reclamation
    2-1  district, to be known as the Edwards Aquifer Authority, is created
    2-2  in all or part of Atascosa, Bexar, Caldwell, Comal, Guadalupe,
    2-3  Hays, Medina, and Uvalde counties.  A confirmation  election is not
    2-4  necessary.  The authority is a governmental agency and a body
    2-5  politic and corporate.
    2-6        (b)  The authority is created under and is essential to
    2-7  accomplish the purposes of Article XVI, Section 59, of the Texas
    2-8  Constitution.
    2-9        SECTION 1.03.  DEFINITIONS.  In this article:
   2-10              (1)  "Aquifer" means the Edwards Aquifer, which is that
   2-11  portion of an arcuate belt of porous, water-bearing, predominately
   2-12  carbonate rocks known as the Edwards and Associated Limestones in
   2-13  the Balcones Fault Zone extending from west to east to northeast
   2-14  from the hydrologic division near Brackettville in Kinney County
   2-15  that separates underground flow toward the Comal Springs and San
   2-16  Marcos Springs from underground flow to the Rio Grande Basin,
   2-17  through Uvalde, Medina, Atascosa, Bexar, Guadalupe, and Comal
   2-18  counties, and in Hays County south of the hydrologic division near
   2-19  Kyle that separates flow toward the San Marcos River from flow to
   2-20  the Colorado River Basin.
   2-21              (2)  "Authority" means the Edwards Aquifer Authority.
   2-22              (3)  "Beneficial use" means the use of the amount of
   2-23  water that is reasonable and necessary for a lawful purpose, if
   2-24  reasonable intelligence and reasonable diligence are used in
   2-25  applying the water to that purpose.
   2-26              (4)  "Board" means the board of directors of the
   2-27  authority.
    3-1              (5)  "Commission" means the Texas Natural Resource
    3-2  Conservation Commission.
    3-3              (6)  "Conservation" means any measure that would
    3-4  sustain or enhance water supply.
    3-5              (7)  "Domestic use" means use of water by a person
    3-6  owning the well from which the water is withdrawn and that person's
    3-7  household for:
    3-8                    (A)  drinking, washing, or culinary purposes;
    3-9                    (B)  irrigation of lawns;
   3-10                    (C)  irrigation of a family garden or orchard the
   3-11  produce of which is for household consumption only; and
   3-12                    (D)  watering of domestic animals not raised,
   3-13  maintained, or sold for commercial purposes.
   3-14              (8)  "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              (9)  "Industrial use" means the use of water for or in
   3-18  connection with commercial or industrial activities, including
   3-19  manufacturing, commercial feedlot operations, commercial fish
   3-20  production, bottling, brewing, food processing, scientific research
   3-21  and technology, recycling, production of concrete, asphalt, and
   3-22  cement, cooling-tower heat exchange, commercial uses of water for
   3-23  tourism, entertainment, and hotel or motel lodging, generation of
   3-24  power other than hydroelectric, and other business activities.
   3-25              (10)  "Irrigation use" means the use of water for the
   3-26  irrigation of pastures and commercial crops, including orchards.
   3-27              (11)  "Livestock" means animals, beasts, or poultry
    4-1  collected or raised for pleasure, recreational use, or commercial
    4-2  use.
    4-3              (12)  "Municipal use" means the use of water within, 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              (13)  "Person" means an individual, corporation,
   4-26  organization, government or governmental subdivision or agency,
   4-27  business trust, estate, trust, partnership, association, and any
    5-1  other legal entity.
    5-2              (14)  "Pollution" means the alteration of the physical,
    5-3  thermal, chemical, or biological quality of any water in the state,
    5-4  or the contamination of any water in the state, that renders the
    5-5  water harmful, detrimental, or injurious to humans, animal life,
    5-6  vegetation, property, or public health, safety, or welfare or that
    5-7  impairs the usefulness of the public enjoyment of the water for any
    5-8  lawful or reasonable purpose.
    5-9              (15)  "Reuse" means authorized use for one or more
   5-10  beneficial purposes of use of water that remains unconsumed after
   5-11  the water is used for the original purpose of use and before the
   5-12  water is discharged or otherwise allowed to flow into a
   5-13  watercourse, lake, or other body of state-owned water.
   5-14              (16)  "Underground water" has the meaning assigned by
   5-15  Section 52.001, Water Code.
   5-16              (17)  "Waste" means:
   5-17                    (A)  withdrawal of underground water from the
   5-18  aquifer at a rate and in an amount that causes or threatens to
   5-19  cause intrusion into the  reservoir of water unsuitable for
   5-20  agricultural, gardening, domestic, or stock raising purposes;
   5-21                    (B)  the flowing or producing of wells from the
   5-22  aquifer if the water produced is not used for a beneficial purpose;
   5-23                    (C)  escape of underground water from the aquifer
   5-24  to any other reservoir that does not contain underground water;
   5-25                    (D)  pollution or harmful alteration of
   5-26  underground water in the aquifer by salt water, other deleterious
   5-27  matter admitted from another stratum or from the surface of the
    6-1  ground;
    6-2                    (E)  wilfully or negligently causing, suffering,
    6-3  or permitting underground water from the aquifer to escape into any
    6-4  river, creek, natural watercourse, depression, lake, reservoir,
    6-5  drain, sewer, street, highway, road, or road ditch, or onto any
    6-6  land other than that of the owner of the well; or
    6-7                    (F)  underground water pumped from the aquifer
    6-8  for irrigation that escapes as irrigation tailwater onto land other
    6-9  than that of the owner of the well unless permission has been
   6-10  granted by the occupant of the land receiving the discharge.
   6-11              (18)  "Well" means a bored, drilled, or driven shaft or
   6-12  an artificial opening in the ground made by digging, jetting, or
   6-13  some other method where the depth of the shaft or opening is
   6-14  greater than its largest surface dimension, but does not include a
   6-15  surface pit, surface excavation, or natural depression.
   6-16              (19)  "Well J-17" means state well number AY-68-37-203
   6-17  located in Bexar County.
   6-18              (20)  "Well J-27" means state well number YP-69-50-302
   6-19  located in Uvalde County.
   6-20              (21)  "Withdrawal" means an act or a failure to act
   6-21  that results in taking water from the aquifer by or through
   6-22  man-made facilities, including pumping, withdrawing, or diverting
   6-23  underground water.
   6-24        SECTION 1.04.  BOUNDARIES.  The authority includes the
   6-25  territory contained within the following area:
   6-26              (1)  all of the areas of Bexar, Comal, Medina, and
   6-27  Uvalde counties;
    7-1              (2)  the part of Caldwell County beginning with the
    7-2  intersection of Hays County Road 266 and the San Marcos River;
    7-3        THENCE southeast along the San Marcos River to the point of
    7-4  intersection of Caldwell, Guadalupe, and Gonzales counties;
    7-5        THENCE southeast along the Caldwell-Gonzales County line to
    7-6  its intersection with U.S. Highway 183;
    7-7        THENCE north along U.S. Highway 183 to its intersection with
    7-8  State Highway 21;
    7-9        THENCE southwest along State Highway 21 to its intersection
   7-10  with Hays County Road 266;
   7-11        THENCE southwest along Hays County Road 266 to the place of
   7-12  beginning;
   7-13              (3)  the part of Hays County beginning on the northwest
   7-14  line of the R. B.  Moore Survey, Abstract 412, in Comal County
   7-15  where it crosses the Comal County-Hays County line northeast along
   7-16  the northwest line of said Survey to the northeast corner of said
   7-17  Survey in Hays County, Texas;
   7-18        THENCE southeast in Hays County, Texas across the Jas.
   7-19  Deloach Survey, Abstract 878, to the most westerly northwest corner
   7-20  of the Presidio Irrigation Co. Survey, Abstract 583;
   7-21        THENCE northeast along the northwest line of said Survey to
   7-22  its most northerly northwest corner;
   7-23        THENCE continuing in the same line across the R.S. Clayton
   7-24  Survey 2, Block 742, to the west line of the H. & G. N. RR. Co.
   7-25  Survey 1, Abstract 668;
   7-26        THENCE north along the west line of said Survey to its
   7-27  northwest corner;
    8-1        THENCE east along the north line of said Survey to its
    8-2  northeast corner;
    8-3        THENCE northeast across the David Wilson Survey 83, Abstract
    8-4  476, to the southeast corner of the F. W. Robertson Survey 71,
    8-5  Abstract 385;
    8-6        THENCE north along the east line of said Survey to the
    8-7  southwest corner of the Benjamin Weed Survey 72, Abstract 483;
    8-8        THENCE east along the south line of said Survey to its
    8-9  southeast corner;
   8-10        THENCE northeast across the William Gray Survey 73, Abstract
   8-11  92, and the Murray Bailey Survey 75, Abstract 42, to the southwest
   8-12  corner of the D.Holderman Survey 33, Abstract 225;
   8-13        THENCE north along the west line of said Survey to its
   8-14  northwest corner;
   8-15        THENCE continuing in the same line to the north line of the
   8-16  Day Land & Cattle Co. Survey 672;
   8-17        THENCE west along said north line of said Survey to its
   8-18  northwest corner, which is in the east line of the Jesse Williams
   8-19  Survey 4 to the northeast corner of said Survey;
   8-20        THENCE west along the north line of said Survey to the
   8-21  Southwest corner of the Amos Singleton Survey 106, Abstract 410;
   8-22        THENCE north along the west lines of said Amos Singleton
   8-23  Survey 106 and the Watkins Nobles Survey 107, Abstract 346, to the
   8-24  northwest corner of said Watkins Nobles Survey 107;
   8-25        THENCE east along the north line of said Survey to the
   8-26  southwest corner of the Jesusa Perez Survey 14, Abstract 363;
   8-27        THENCE north along the west line of said Jesusa Perez Survey
    9-1  14 to its northwest corner;
    9-2        THENCE east along the north line of said Survey to its
    9-3  northeast corner;
    9-4        THENCE, south along the east line of said Survey for a
    9-5  distance of approximately 10,000 feet to its intersection with
    9-6  Ranch Road 150;
    9-7        THENCE, east by southeast along Ranch Road 150 approximately
    9-8  24,500 feet to its intersection with the southern boundary line of
    9-9  the Andrew Dunn Survey 9, Abstract 4;
   9-10        THENCE, east along the south line of said survey as it
   9-11  extends and becomes the southern boundary line of the Morton M.
   9-12  McCarver Survey 4, Abstract 10, for a distance of approximately
   9-13  7,000 feet to its intersection with Ranch Road 2770;
   9-14        THENCE, south on Ranch Road 2770 for a distance of
   9-15  approximately 400 feet to its intersection with Farm-to-Market Road
   9-16  171;
   9-17        THENCE, east along Farm-to-Market Road 171 for a distance of
   9-18  approximately 10,500 feet to its intersection with Farm-to-Market
   9-19  Road 25;
   9-20        THENCE, north by northeast along Farm-to-Market Road 25 for a
   9-21  distance of approximately 3,100 feet to its intersection with
   9-22  Farm-to-Market Road 131;
   9-23        THENCE, east by southeast along Farm-to-Market Road 131 for a
   9-24  distance of approximately 3,000 feet to its intersection with the
   9-25  east line of the Thomas G. Allen Survey, Abstract 26;
   9-26        THENCE south along the east line of said Thomas G. Allen
   9-27  Survey to the most northerly northwest corner of the Elisha Pruett
   10-1  Survey 23, Abstract 376;
   10-2        THENCE southwest along a west line of said Elisha Pruett
   10-3  Survey 23 to the west corner of said Survey;
   10-4        THENCE southeast along the southwest line of said Survey to
   10-5  the north corner of the John Stewart Survey, Abstract 14;
   10-6        THENCE southwest along the northwest line of said John
   10-7  Stewart Survey to its west corner;
   10-8        THENCE continuing in the same line to the most northerly
   10-9  southwest line of the John Jones Survey, Abstract 263;
  10-10        THENCE southeast along said southwest line to an interior
  10-11  corner of said John Jones Survey;
  10-12        THENCE southwest along the most southerly northwest line of
  10-13  said Survey to the southwest corner of said Survey;
  10-14        THENCE southeast along the south line of said Survey to the
  10-15  north corner of the James W. Williams Survey 11, Abstract 473;
  10-16        THENCE southwest along the northwest line of said James W.
  10-17  Williams Survey 11 to its west corner;
  10-18        THENCE southeast along the southwest line of said Survey to
  10-19  the north right-of-way line of the I. & G. N. RR.;
  10-20        THENCE southwest along said right-of-way of said I. & G. N.
  10-21  RR. to the Hays County-Comal County line;
  10-22        THENCE south along said county line to the northwest line of
  10-23  the R. B. Moore Survey, Abstract 412, in Hays County where it
  10-24  crosses the Hays County-Comal County line.
  10-25              (4)  all of the territory of Hays County contained
  10-26  within the following described area:
  10-27        Beginning on the most southern point of Hays County at the
   11-1  intersection of Hays, Comal, and Guadalupe Counties; then
   11-2  continuing in a northeasterly direction along the Hays-Guadalupe
   11-3  county line to its intersection with the Hays-Caldwell county line;
   11-4  then continuing along the Hays-Caldwell county line to an
   11-5  intersection with Farm-to-Market Road 150; then continuing in a
   11-6  northwesterly direction along Farm-to-Market Road 150 to the
   11-7  intersection with the existing southern boundary of the part of
   11-8  Hays County described in Subdivision (3) of this section; then
   11-9  continuing in a southwesterly direction along the existing southern
  11-10  boundary of the part of Hays County described in Subdivision (3) of
  11-11  this section to the intersection with the Hays-Comal county line;
  11-12  then continuing in a southerly direction along the Hays-Comal
  11-13  county line to the point of beginning;
  11-14              (5)  the part of Guadalupe County beginning at the
  11-15  Guadalupe County-Caldwell County-Hays County-Comal County line at
  11-16  the San Marcos River in the northwest corner of Guadalupe County,
  11-17  Texas.
  11-18        THENCE southeast along the Guadalupe County-Hays County line
  11-19  to the intersect of the Guadalupe County-Hays County-Comal County
  11-20  line.
  11-21        THENCE southeast along the Guadalupe County-Comal County line
  11-22  to the intersect of the Guadalupe County-Comal County-Bexar County
  11-23  intersect at the Cibolo Creek.
  11-24        THENCE south along the Guadalupe County-Bexar County line
  11-25  along the Cibolo Creek to the intersect of the Guadalupe
  11-26  County-Bexar County-Wilson County line.
  11-27        THENCE south along the Guadalupe County-Wilson County line
   12-1  along the Cibolo Creek to the intersect and crossing of Guadalupe
   12-2  County Road 417.
   12-3        THENCE east along Guadalupe County Road 417 to the intersect
   12-4  of Guadalupe County road number 417 and Guadalupe County Road 412.
   12-5        THENCE northeast along Guadalupe County Road 412 to the
   12-6  intersect of Guadalupe County road number 412 and Guadalupe County
   12-7  Road 411 A.
   12-8        THENCE east along Guadalupe County Road 411 A to the
   12-9  intersect of Guadalupe County road number 411 A and Farm-to-Market
  12-10  Road 725.
  12-11        THENCE north along Farm-to-Market Road 725 to the intersect
  12-12  of Farm-to-Market road number 725 and Interstate Highway 10.
  12-13        THENCE east along Interstate Highway 10 to the intersect of
  12-14  Interstate Highway 10 and State Highway 90.
  12-15        THENCE east along State Highway 90 to the Guadalupe
  12-16  County-Caldwell County line at the San Marcos river.
  12-17        THENCE northwest along the Guadalupe County-Caldwell County
  12-18  line along the San Marcos river to the place of beginning; and
  12-19              (6)  the part of Atascosa County beginning on the north
  12-20  line of the Robt.  C. Rogers Survey, at the Bexar County-Atascosa
  12-21  County line, to its northwest corner, which is the northeast corner
  12-22  of the F. Brockinzen Survey, Abstract 86;
  12-23        THENCE south along the east line of said Survey passing
  12-24  through its southeast corner and continuing south along the east
  12-25  line of the F. Brockinzen Survey, Abstract 90, to its southeast
  12-26  corner;
  12-27        THENCE west along the south line of said survey to its
   13-1  southwest corner;
   13-2        THENCE north along the west line of said F. Brockinzen Survey
   13-3  to the southeast corner of the B. Bonngartner Survey, Abstract 87;
   13-4        THENCE west along the south line of said B. Bonngartner
   13-5  Survey passing through its southwest corner and continuing along
   13-6  the south line of the J. B.  Goettlemann Survey, Abstract 309, to
   13-7  the Atascosa County-Medina County line;
   13-8        THENCE north along the Atascosa County-Medina County line to
   13-9  the Bexar County line;
  13-10        THENCE east along the Atascosa County-Bexar County Line to
  13-11  the place of beginning.
  13-12        SECTION 1.05.  FINDINGS RELATING TO BOUNDARIES.  The
  13-13  legislature finds that the boundaries and field notes of the
  13-14  authority form a closure.  A mistake in the field notes or in
  13-15  copying the field notes in the legislative process does not affect
  13-16  the organization, existence, or validity of the district or the
  13-17  legality or operation of the district or its governing body.
  13-18        SECTION 1.06.  FINDING OF BENEFIT.  (a)  The legislature
  13-19  finds that the water in the unique underground system of
  13-20  water-bearing formations known as the Edwards-Balcones Fault Zone
  13-21  Aquifer has a hydrologic interrelationship to the Guadalupe, San
  13-22  Antonio, San Marcos, Comal, Frio, and Nueces river basins, is the
  13-23  primary source of water for the residents of the region, and is
  13-24  vital to the general economy and welfare of this state.  The
  13-25  continuous and sustained withdrawal of underground water from the
  13-26  aquifer at the rates between 1982 and 1993 or greater rates may
  13-27  result in damage to the aquifer, the Comal and San Marcos springs,
   14-1  and the general economy and welfare of this state.  Before the
   14-2  effective date of this Act there was  no effective, consistent, or
   14-3  comprehensive regulation of the withdrawal and use of underground
   14-4  water from the aquifer and the withdrawal and use of that
   14-5  underground water will continue to increase unless effective
   14-6  management is implemented.  The legislature finds that it is
   14-7  necessary and appropriate and a benefit to the welfare of this
   14-8  state to provide for the recognition and management of rights to
   14-9  withdraw underground water from the aquifer through the application
  14-10  of management mechanisms appropriate to that unique system.
  14-11        (b)  The legislature further finds that all of the land and
  14-12  other property included within the boundaries of the authority will
  14-13  be benefitted by exercise of the powers of the authority and by the
  14-14  works and projects that are to be accomplished by the authority
  14-15  under powers conferred by Article XVI, Section 59, of the Texas
  14-16  Constitution.  The authority is created to serve a public use and
  14-17  benefit.
  14-18        SECTION 1.07.  COMPENSATION FOR PROPERTY.  The legislature
  14-19  intends that just compensation be paid in the event that
  14-20  implementation of this article causes a taking of private property
  14-21  or contract rights in contravention of the Texas or federal
  14-22  constitution.
  14-23        SECTION 1.08.  GENERAL POWERS.  (a)  The authority has all of
  14-24  the powers, rights, and privileges necessary to manage, conserve,
  14-25  preserve, and protect the aquifer and to increase the recharge of,
  14-26  and prevent the waste or pollution of water in, the aquifer.  The
  14-27  authority has all of the rights, powers, privileges, authority,
   15-1  functions, and duties provided by the general law of this state,
   15-2  including Chapters 50 and 52, Water Code, applicable to an
   15-3  authority created under Article XVI, Section 59, of the Texas
   15-4  Constitution.  This article prevails over any provision of general
   15-5  law that is in conflict or inconsistent with this article regarding
   15-6  the area of the authority's jurisdiction.
   15-7        (b)  The authority's powers regarding underground water apply
   15-8  only to underground water within or withdrawn from the aquifer.
   15-9        (c)  The rights, powers, privileges, authority, functions,
  15-10  and duties of the authority are subject to the continuing right of
  15-11  supervision of the state to be exercised by and through the
  15-12  commission.
  15-13        SECTION 1.09.  BOARD OF DIRECTORS.  (a)  The authority is
  15-14  governed by a board of nine directors.
  15-15        (b)  A board member must be a resident of or qualified voter
  15-16  in a county all or part of which is included within the boundaries
  15-17  of the authority.
  15-18        (c)  The board consists of:
  15-19              (1)  three residents of Bexar County, with two
  15-20  residents appointed by the governing body of the city of San
  15-21  Antonio and one resident appointed by the Commissioners Court of
  15-22  Bexar County to represent cities and communities in the county
  15-23  other than the city of San Antonio;
  15-24              (2)  one resident of Comal County or the city of New
  15-25  Braunfels appointed by the Commissioners Court of Comal County;
  15-26              (3)  one resident of Hays County appointed by the
  15-27  governing body of the city of San Marcos;
   16-1              (4)  one resident of Medina County appointed by the
   16-2  governing body of the Medina Underground Water Conservation
   16-3  District;
   16-4              (5)  one resident of Uvalde County appointed by the
   16-5  governing body of the Uvalde Underground Water Conservation
   16-6  District;
   16-7              (6)  one person appointed by the Commissioners Court of
   16-8  Bexar County who is actively engaged in irrigated agriculture as an
   16-9  active operator to alternate terms with a resident of Atascosa
  16-10  County appointed by the governing body of the Evergreen Underground
  16-11  Water District, with the person appointed by the Evergreen
  16-12  Underground Water District serving the first term; and
  16-13              (7)  one person appointed in rotation by the
  16-14  Commissioners Court of Guadalupe, Hays, or Comal County, with a
  16-15  person appointed by the Commissioners Court of Guadalupe County to
  16-16  serve the first term, followed by a person appointed by the
  16-17  Commissioners Court of Hays County to serve the second term,
  16-18  followed by a person appointed by the Commissioners Court of Comal
  16-19  County to serve the third term, and rotating in that order of
  16-20  appointment for subsequent terms.
  16-21        (d)  The Commissioners Court of Bexar County and the
  16-22  governing body of the city of San Antonio must make appointments
  16-23  under Subsection (c) of this section that accurately reflect the
  16-24  ethnic composition of the population of Bexar County.
  16-25        (e)  The initial directors of the board shall draw lots to
  16-26  determine their terms.  Four initial directors serve terms that
  16-27  expire June 1, 1995.  Five initial directors serve terms that
   17-1  expire June 1, 1997.  Subsequent directors shall be appointed to
   17-2  serve staggered four-year terms, the appropriate number of which
   17-3  expire June 1 of each odd-numbered year.
   17-4        (f)  At the initial meeting of the board, the members shall
   17-5  select one member to serve as presiding officer.  The presiding
   17-6  officer serves a term set by rule of the board not to exceed four
   17-7  years.
   17-8        (g)  An act of the board is not valid unless adopted by the
   17-9  affirmative vote of a majority of the members of the board.
  17-10        (h)  Board members receive no compensation for service on the
  17-11  board but are entitled to reimbursement for actual and necessary
  17-12  expenses incurred in the performance of their duties.
  17-13        (i)  Board members shall hold office until a successor has
  17-14  been selected and approved and has qualified by taking the oath of
  17-15  office.
  17-16        (j)  If a vacancy on the board occurs, the governing body
  17-17  that appointed the vacating member shall appoint another person
  17-18  having the same qualifications as the vacating member to serve the
  17-19  unexpired portion of the vacating member's term.
  17-20        SECTION 1.10.  AREA REPRESENTATIVES.  (a)  The commissioners
  17-21  court of each of the following counties shall appoint an area
  17-22  representative:
  17-23              (1)  Atascosa;
  17-24              (2)  Comal;
  17-25              (3)  Guadalupe;
  17-26              (4)  Hays;
  17-27              (5)  Medina; and
   18-1              (6)  Uvalde.
   18-2        (b)  The governing body of the city of San Antonio shall
   18-3  appoint an area representative for Bexar County.
   18-4        (c)  If an underground water conservation district has been
   18-5  created in a county:
   18-6              (1)  the general manager of the district serves as the
   18-7  area representative for the county; and
   18-8              (2)  the commissioners court of the county, or the
   18-9  governing body of the city of San Antonio in the case of Bexar
  18-10  County, may not appoint a representative for the county.
  18-11        (d)  An area representative appointed by a commissioners
  18-12  court or other governing body under Subsection (a) or (b) of this
  18-13  section serves at the pleasure of the court or body that appointed
  18-14  the representative.
  18-15        (e)  An area representative's duties include:
  18-16              (1)  assisting the authority in developing the
  18-17  authority's demand management plan for the county the
  18-18  representative represents;
  18-19              (2)  assisting the authority to implement the demand
  18-20  management plan; and
  18-21              (3)  performing other duties requested by the board of
  18-22  directors of the authority that the representative may practicably
  18-23  perform.
  18-24        SECTION 1.11.  ADVISORY COMMITTEE ON DOWNSTREAM WATER RIGHTS
  18-25  AND ISSUES.  (a)  The Edwards Aquifer Area Advisory Committee shall
  18-26  advise the board on downstream water rights and issues.  The
  18-27  advisory committee consists of members appointed in accordance with
   19-1  Subsection (b) of this section and one member appointed by the
   19-2  commissioners court of each of the following counties, except that
   19-3  Atascosa and Guadalupe counties may not have a representative on
   19-4  the advisory committee when the county has a representative member
   19-5  on the board:
   19-6              (1)  Atascosa;
   19-7              (2)  Caldwell;
   19-8              (3)  Calhoun;
   19-9              (4)  DeWitt;
  19-10              (5)  Goliad;
  19-11              (6)  Gonzales;
  19-12              (7)  Guadalupe;
  19-13              (8)  Karnes;
  19-14              (9)  Nueces;
  19-15              (10)  Refugio;
  19-16              (11)  San Patricio;
  19-17              (12)  Victoria; and
  19-18              (13)  Wilson.
  19-19        (b)  The governing body of each municipality that is in a
  19-20  county listed in Subsection (a) of this section and has a
  19-21  population of more than 50,000 may also appoint a member to the
  19-22  advisory committee.
  19-23        (c)  A member must be a resident or qualified voter of or
  19-24  engaged in business in a county all or part of which is included in
  19-25  the member's area of representation.
  19-26        (d)  The reimbursement of an advisory committee member for
  19-27  expenses is on the same terms as the reimbursement of board
   20-1  members.  An advisory committee member is not entitled to
   20-2  compensation.
   20-3        (e)  A member holds office until a successor is appointed.
   20-4        (f)  The authority shall send to each advisory committee
   20-5  member all the communications of the authority that are extended to
   20-6  board members and may participate in board meetings to represent
   20-7  downstream water supply concerns and assist in solutions to those
   20-8  concerns.  Advisory committee members may not vote on a board
   20-9  decision.
  20-10        (g)  The advisory committee by resolution may request the
  20-11  board to reconsider  any board action that is considered
  20-12  prejudicial to downstream water interests.  If the board review
  20-13  does not result in a resolution satisfactory to the advisory
  20-14  committee, the advisory committee by resolution may request the
  20-15  commission to review the action.  The commission shall review the
  20-16  action and may make a recommendation to the board.
  20-17        (h)  The advisory committee shall meet to organize and elect
  20-18  a presiding officer.
  20-19        (i)  The presiding officer of the advisory committee shall
  20-20  submit a report assessing the effectiveness of the authority to the
  20-21  commission and the authority by March 31 of each even-numbered
  20-22  year.  The report must assess the impact on downstream water rights
  20-23  from the management of the aquifer.  The authority shall consider
  20-24  the report in managing the authority's affairs.
  20-25        SECTION 1.12.  GENERAL POWERS AND DUTIES OF THE BOARD AND
  20-26  AUTHORITY.  (a)  The board shall adopt rules necessary to carry out
  20-27  the authority's powers and duties under this article, including
   21-1  rules governing procedures of the board and authority.
   21-2        (b)  The authority shall ensure compliance with permitting,
   21-3  metering, and reporting requirements and shall regulate permits.
   21-4        (c)  The authority may issue orders to enforce this article
   21-5  or its rules.
   21-6        (d)  The authority may:
   21-7              (1)  issue or administer grants, loans, or other
   21-8  financial assistance to water users for water conservation and
   21-9  water reuse;
  21-10              (2)  enter into contracts;
  21-11              (3)  sue and be sued in its own name;
  21-12              (4)  receive gifts, grants, awards, and loans for use
  21-13  in carrying out its powers and duties;
  21-14              (5)  hire an executive director to be the chief
  21-15  administrator of the authority and other employees as necessary to
  21-16  carry out its powers and duties;
  21-17              (6)  delegate the power to hire employees to the
  21-18  executive director of the authority;
  21-19              (7)  own real and personal property;
  21-20              (8)  close abandoned, wasteful, or dangerous wells;
  21-21              (9)  hold permits under state law or under federal law
  21-22  pertaining to the Endangered Species Act;
  21-23              (10)  enforce Chapter 32, Water Code, and commission
  21-24  rules adopted under that act within the authority's boundaries; and
  21-25              (11)  require to be furnished to the authority water
  21-26  well drillers' logs that are required by Chapter 32, Water Code, to
  21-27  be kept and furnished to the commission.
   22-1        (e)  The authority may contract with a person who uses water
   22-2  from the aquifer for the authority or that person to construct,
   22-3  operate, own, finance, and maintain water supply facilities.
   22-4  Management fees or special fees may not be used for purchasing or
   22-5  operating these facilities.  For the purpose of this subsection,
   22-6  "water supply facility" includes a dam, reservoir, treatment
   22-7  facility, transmission facility, or recharge project.
   22-8        (f)  The authority has the power of eminent domain.  The
   22-9  authority may not acquire rights to underground water by the power
  22-10  of eminent domain.
  22-11        (g)  The authority is subject to the open meetings law,
  22-12  Chapter 271, Acts of the 60th Legislature, Regular Session, 1967
  22-13  (Article 6252-17, Vernon's Texas Civil Statutes), the open records
  22-14  law, Chapter 424, Acts of the 63rd Legislature, Regular Session,
  22-15  1973 (Article 6252-17a, Vernon's Texas Civil Statutes), and the
  22-16  Administrative Procedure and Texas Register Act (Article 6252-13a,
  22-17  Vernon's Texas Civil Statutes), and their subsequent amendments.
  22-18        SECTION 1.13.  SUNSET COMMISSION REVIEW.  (a)  The board is
  22-19  subject to review under the Texas Sunset Act (Chapter 325,
  22-20  Government Code) and its subsequent amendments but may not be
  22-21  abolished under that Act.  The review shall be conducted as if the
  22-22  board were scheduled to be abolished September 1, 2005.
  22-23        (b)  Unless members of the board are continued in office
  22-24  after the review, their membership expires September 1, 2005.
  22-25        (c)  When the membership of the board of directors expires
  22-26  under Subsection (b) of this section, a new board of directors
  22-27  shall be appointed as provided by this article, with each new
   23-1  member serving for the unexpired term of the member's predecessor.
   23-2  A member whose membership has expired under Subsection (b) is not
   23-3  eligible for reappointment under this subsection.
   23-4        SECTION 1.14.  WATER QUALITY.  The authority has the powers
   23-5  provided a local government under Subchapters D and E, Chapter 26,
   23-6  Water Code, to prevent pollution and enforce water quality
   23-7  standards within the authority's boundaries and in a buffer zone
   23-8  that includes all of the area less than 10 miles outside of the
   23-9  authority's boundaries.
  23-10        SECTION 1.15.  WITHDRAWALS.  (a)  The total permitted
  23-11  authorizations to withdraw water from the aquifer and all
  23-12  authorizations and rights to make a withdrawal under this Act shall
  23-13  be limited in accordance with this section to:
  23-14              (1)  protect the water quality of the aquifer;
  23-15              (2)  protect the water quality of the surface streams
  23-16  to which the aquifer provides springflow;
  23-17              (3)  achieve water conservation;
  23-18              (4)  maximize the beneficial use of water available for
  23-19  withdrawal from the aquifer;
  23-20              (5)  protect aquatic and wildlife habitat;
  23-21              (6)  protect species that are designated as threatened
  23-22  or endangered under applicable federal law; and
  23-23              (7)  provide for instream uses, bays, and estuaries.
  23-24        (b)  Except as provided by Subsections (d), (e), and (g) of
  23-25  this section and Section 1.27 of this article, for the period
  23-26  ending December 31, 2007, the amount of permitted withdrawals from
  23-27  the aquifer may not exceed 450,000 acre-feet of water for each
   24-1  calendar year.
   24-2        (c)  Except as provided by Subsections (d), (e), and (g) of
   24-3  this section and Section 1.27 of this article, for the period
   24-4  beginning January 1, 2008, the amount of permitted withdrawals from
   24-5  the aquifer may not exceed 400,000 acre-feet of water for each
   24-6  calendar year.
   24-7        (d)  If, through studies or implementation of water
   24-8  management strategies, including springflow augmentation,
   24-9  diversions downstream of the springs, supplemental recharge, and
  24-10  conjunctive management of surface and subsurface water, the
  24-11  authority determines that additional supplies are available from
  24-12  the aquifer or that the available supply is reduced, the authority,
  24-13  in consultation with appropriate state and federal agencies, may
  24-14  review and may increase or decrease the maximum amount of permitted
  24-15  withdrawals provided by this section and set a different maximum
  24-16  amount of permitted withdrawals.
  24-17        (e)  If the level of the aquifer is equal to or greater than
  24-18  665 feet above mean sea level as measured at well J-17, the
  24-19  authority may authorize withdrawal from the San Antonio pool, on an
  24-20  interruptible basis, of additional amounts above the withdrawal
  24-21  limitations imposed in accordance with  this section.    If the
  24-22  level of the aquifer is equal to or greater than 865 feet at well
  24-23  J-27, the authority may authorize withdrawal from the Uvalde pool,
  24-24  on an interruptible basis, of additional amounts above the
  24-25  withdrawal limits imposed in accordance with this section.  The
  24-26  authority shall limit the additional withdrawals to ensure that
  24-27  springflows are not affected during critical drought conditions.
   25-1        (f)  The authority by rule may define other pools within the
   25-2  aquifer, in accordance with hydrogeologic research, and may
   25-3  establish index wells for any pool to monitor the level of the
   25-4  aquifer to aid the regulation of withdrawals from the pools.
   25-5        (g)  To accomplish the purposes of this article, by June 1,
   25-6  1994, the authority, through a program, shall implement and enforce
   25-7  water management practices, procedures, and methods to ensure that,
   25-8  by December 31, 2012, the continuous minimum spring flows of the
   25-9  Comal Springs and the San Marcos Springs are maintained to protect
  25-10  endangered and threatened species to the extent required by federal
  25-11  law.  The authority from time to time as appropriate may revise the
  25-12  practices, procedures, and methods.  To meet this requirement, the
  25-13  authority shall require:
  25-14              (1)  phased reductions in the amount of water that may
  25-15  be used or withdrawn by existing users or categories of other
  25-16  users; or
  25-17              (2)  implementation of alternative management
  25-18  practices, procedures, and methods.
  25-19        SECTION 1.16.  PERMIT REQUIRED.  (a)  The authority shall
  25-20  manage withdrawals from the aquifer and shall manage all withdrawal
  25-21  points from the aquifer as provided by this Act.
  25-22        (b)  Except as provided by Sections 1.18 and 1.34 of this
  25-23  article, a person may not withdraw water from the aquifer or begin
  25-24  construction of a well or other works designed for the withdrawal
  25-25  of water from the aquifer without obtaining a permit from the
  25-26  authority.
  25-27        (c)  The authority may issue regular permits, term permits,
   26-1  and emergency permits.
   26-2        (d)  Each permit must specify the maximum rate and total
   26-3  volume of water that the water user may withdraw in a calendar
   26-4  year.
   26-5        SECTION 1.17.  DECLARATIONS OF HISTORICAL USE; INITIAL
   26-6  REGULAR PERMITS.  (a)  An existing user may apply for an initial
   26-7  regular permit by filing a declaration of historical use of
   26-8  underground water withdrawn from the aquifer during the historical
   26-9  period from June 1, 1982, through May 31, 1993.
  26-10        (b)  An existing user's declaration of historical use must be
  26-11  filed on or before March 1, 1994, on a form prescribed by the
  26-12  board.  An applicant for a permit must timely pay all application
  26-13  fees required by the board.  An owner of a well used for irrigation
  26-14  must include additional documentation of the number of acres
  26-15  irrigated during the historical period provided by Subsection (a)
  26-16  of this section.
  26-17        (c)  An owner of a well from which the water will be used
  26-18  exclusively for domestic use or watering livestock and that is
  26-19  exempt under Section 1.34 of this article is not required to file a
  26-20  declaration of historical use.
  26-21        (d)  The board shall grant an initial regular permit to an
  26-22  existing user who:
  26-23              (1)  files a declaration and pays fees as required by
  26-24  this section; and
  26-25              (2)  establishes by convincing evidence, beneficial use
  26-26  of underground water from the aquifer.
  26-27        (e)  To the extent water is available for permitting, the
   27-1  board shall issue the existing user a permit for withdrawal of an
   27-2  amount of water equal to the user's maximum beneficial use of water
   27-3  without waste during any one calendar year of the historical
   27-4  period.  If the total amount of water determined to have been
   27-5  beneficially used without waste under this subsection exceeds the
   27-6  amount of water available for permitting, the authority shall
   27-7  adjust the amount of water authorized for withdrawal under the
   27-8  permits proportionately to meet the amount available for
   27-9  permitting.  To the extent water is available for permitting:
  27-10              (1)  an existing irrigation user shall receive a permit
  27-11  for not less than two acre-feet for each year for each acre of land
  27-12  the user irrigated during the historical period; and
  27-13              (2)  an existing user who has operated a well for three
  27-14  or more years during the historical period shall receive a permit
  27-15  for at least the average amount of water withdrawn annually during
  27-16  the historical period.
  27-17        (f)  The board by rule shall consider the equitable treatment
  27-18  of a person whose historic use has been affected by a requirement
  27-19  of or participation in a federal program.
  27-20        (g)  The authority shall issue an initial regular permit
  27-21  without a term and an initial regular permit remains in effect
  27-22  until the permit is abandoned, cancelled, or retired.
  27-23        (h)  The board shall notify each permit holder that the
  27-24  permit is subject to limitations as provided by this article.
  27-25        SECTION 1.18.  INTERIM AUTHORIZATION.  (a)  A person who, on
  27-26  the effective date of this article, owns a producing well that
  27-27  withdraws water from the aquifer may continue to withdraw and
   28-1  beneficially use water without waste until final action on permits
   28-2  by the authority, if:
   28-3              (1)  the well is in compliance with all statutes and
   28-4  rules relating to well construction, approval, location, spacing,
   28-5  and operation; and
   28-6              (2)  by March 1, 1994, the person files a declaration
   28-7  of historical use on a form as required by the authority.
   28-8        (b)  Use under interim authorization may not exceed on an
   28-9  annual basis the historical, maximum, beneficial use of water
  28-10  without waste during any one calendar year as evidenced by the
  28-11  person's declaration of historical use, unless that amount is
  28-12  otherwise determined by the authority.
  28-13        (c)  Use under this section is subject to a demand management
  28-14  plan and  rules adopted by the authority.
  28-15        (d)  Interim authorization under this section ends on:
  28-16              (1)  entry of a final and appealable order by the
  28-17  authority acting on the application for permit for a well; or
  28-18              (2)  March 1, 1994, if the well owner has not filed a
  28-19  declaration of historical use.
  28-20        SECTION 1.19.  ADDITIONAL REGULAR PERMITS.  (a)  To the
  28-21  extent water is available for permitting after the issuance of
  28-22  permits to existing users, the authority may issue additional
  28-23  regular permits, subject to limits on the total amount of permitted
  28-24  withdrawals determined under  Section 1.15 of this article.
  28-25        (b)  The authority may not consider or take action on an
  28-26  application relating to a proposed or existing well of which there
  28-27  is no evidence of actual beneficial use before June 1, 1993, until
   29-1  a final determination has been made on all initial regular permit
   29-2  applications submitted on or before the initial application date of
   29-3  March 1, 1994.
   29-4        SECTION 1.20.  TERM PERMITS.  (a)  The authority may issue
   29-5  term permits for withdrawal for any period the authority considers
   29-6  feasible, but may not issue a term permit for a period of more than
   29-7  10 years.
   29-8        (b)  A holder of a term permit may not withdraw water from
   29-9  the San Antonio pool of the aquifer unless the level of the aquifer
  29-10  is higher than 665 feet above sea level, as measured at well J-17.
  29-11        (c)  A holder of a term permit may not withdraw water from
  29-12  the Uvalde pool of level, as measured at well J-27.
  29-13        SECTION 1.21.  EMERGENCY PERMITS.  (a)  Emergency permits may
  29-14  be issued only to prevent the loss of life or to prevent severe,
  29-15  imminent threats to the public health or safety.
  29-16        (b)  The term of an emergency permit may not exceed 30 days,
  29-17  unless renewed.
  29-18        (c)  The board may renew an emergency permit.
  29-19        (d)  The holder of an emergency permit may withdraw water
  29-20  from the aquifer without regard to its effect on other permit
  29-21  holders.
  29-22        SECTION 1.22.  PERMIT RETIREMENT.  (a)  The authority shall
  29-23  prepare and implement a plan for reducing, by January 1, 2008, the
  29-24  maximum annual volume of water authorized to be withdrawn from the
  29-25  aquifer under regular permits to the amount determined under
  29-26  Section 1.15 of this article.
  29-27        (b)  The plan must be enforceable and must include water
   30-1  conservation and reuse measures, measures to retire water rights,
   30-2  and other water management measures designed to achieve the
   30-3  reduction levels or appropriate management of the resource.
   30-4        (c)  If, on or after January 1, 2008, the overall volume of
   30-5  water authorized to be withdrawn from the aquifer under regular
   30-6  permits is greater than 400,000 acre-feet a year or greater than
   30-7  the adjusted amount determined under Section 1.15 of this article,
   30-8  the maximum authorized withdrawal of each regular permit shall be
   30-9  immediately reduced by an equal percentage as is necessary to
  30-10  reduce overall maximum demand to 400,000 acre-feet a year or the
  30-11  adjusted amount, as appropriate.  The amount reduced may be
  30-12  restored, in whole or in part, as other appropriate measures are
  30-13  implemented that maintain overall demand at or below the
  30-14  appropriate amount.
  30-15        SECTION 1.23.  ACQUISITION OF RIGHTS.  (a)  The authority may
  30-16  acquire permitted rights to use water from the aquifer for the
  30-17  purposes of:
  30-18              (1)  holding those rights in trust for sale or transfer
  30-19  of the water or the rights to persons within the authority's
  30-20  jurisdiction who may use water from the aquifer;
  30-21              (2)  holding those rights in trust as a means of
  30-22  managing overall demand on the aquifer;
  30-23              (3)  holding those rights for resale or retirement as a
  30-24  means of complying with pumping reduction requirements under this
  30-25  article; or
  30-26              (4)  retiring those rights, including those rights
  30-27  already permitted.
   31-1        (b)  The authority may acquire and hold permits to
   31-2  appropriate surface water or groundwater from sources inside or
   31-3  outside of the authority's boundaries.
   31-4        (c)  Notwithstanding any other provisions of law, the
   31-5  authority's acquisition of permitted rights to use water from the
   31-6  aquifer is eligible for financial assistance from:
   31-7              (1)  the water supply account of the Texas water
   31-8  development fund under Subchapter D, Chapter 17, Water Code;
   31-9              (2)  the water loan assistance fund under Subchapter C,
  31-10  Chapter 15, Water Code; and
  31-11              (3)  the revenue bond program under Subchapter I,
  31-12  Chapter 17, Water Code.
  31-13        SECTION 1.24.  CONSERVATION AND REUSE PLANS.  (a)  The
  31-14  authority shall require holders of regular permits and holders of
  31-15  term permits to submit water conservation plans and, if
  31-16  appropriate, reuse plans for review and approval by the authority.
  31-17  The board by rule shall  require a plan to be implemented after a
  31-18  reasonable time after a plan's approval.
  31-19        (b)  The board shall assist users in developing conservation
  31-20  or reuse plans.
  31-21        (c)  The authority biennially shall prepare and update
  31-22  enforceable and effective conservation and reuse plans as required
  31-23  by this article.  Not later than January 1, of each odd-numbered
  31-24  year, the authority shall submit the plan to the legislature.
  31-25        SECTION 1.25.  LOANS AND GRANTS.  (a)  Notwithstanding any
  31-26  other provision of law, the authority is eligible as a lender
  31-27  district to receive loans from the Texas Water Development Board
   32-1  under the agricultural water conservation bond program under
   32-2  Subchapter J, Chapter 17, Water Code.
   32-3        (b)  The authority may apply for, request, solicit, contract
   32-4  for, receive, and accept gifts, grants, and other assistance from
   32-5  any source for the purposes of this article.
   32-6        (c)  The authority may issue grants or make loans to finance
   32-7  the purchase or installation of equipment or facilities.  If the
   32-8  authority issues a grant for a water conservation, reuse, or water
   32-9  management project, the authority may require the beneficiary to
  32-10  transfer to the authority permitted rights to aquifer water equal
  32-11  to a portion of the water conserved or made available by the
  32-12  project.
  32-13        SECTION 1.26.  COMPREHENSIVE MANAGEMENT PLAN.  (a)
  32-14  Consistent with Section 1.15 of this article, the authority shall
  32-15  develop and implement a comprehensive water management plan that
  32-16  includes conservation, future supply, and demand management plans.
  32-17  The authority may not delegate the development of the plan under
  32-18  Section 1.43 of this article.
  32-19        (b)  The Texas Water Development Board in conjunction with
  32-20  the authority and underground water conservation districts within
  32-21  the authority's boundaries shall develop a 20-year plan for
  32-22  providing alternate supplies of water to the region, with five-year
  32-23  goals and objectives, to be implemented by the authority and
  32-24  reviewed annually by the appropriate federal agencies.  The Texas
  32-25  Water Development Board, authority, and districts, in developing
  32-26  the plan, shall:
  32-27              (1)  make a thorough investigation of all alternative
   33-1  technologies;
   33-2              (2)  provide for financial assistance for alternative
   33-3  supplies through the Texas Water Development Board; and
   33-4              (3)  perform a cost-benefit analysis and an
   33-5  environmental analysis.
   33-6        SECTION 1.27.  DEMAND MANAGEMENT PLAN.  The authority shall
   33-7  prepare and, after commission review, implement plans that provide
   33-8  for demand management.  The demand mechanisms must:
   33-9              (1)  distinguish between discretionary use and
  33-10  nondiscretionary use for each permittee;
  33-11              (2)  require reductions, to the maximum extent
  33-12  feasible, of all discretionary use; and
  33-13              (3)  require reduction of nondiscretionary use, to the
  33-14  extent further reductions are necessary, in the reverse order of
  33-15  the following water use preferences:
  33-16                    (A)  domestic and municipal;
  33-17                    (B)  industrial and irrigation;
  33-18                    (C)  recreational and pleasure; and
  33-19                    (D)  other uses that are authorized by law.
  33-20        SECTION 1.28.  RESEARCH.  (a)  The authority shall complete
  33-21  research on the technological feasibility of springflow enhancement
  33-22  and yield enhancement that, immediately before September 1, 1993,
  33-23  is being conducted by the Edwards Underground Water District.
  33-24        (b)  The authority may conduct research to help:
  33-25              (1)  manage water resources, including water
  33-26  conservation, water use and reuse, and drought management measures;
  33-27              (2)  enhance the recharge of and augment the flow into
   34-1  and out of the aquifer;
   34-2              (3)  develop alternative supplies of water for users;
   34-3  and
   34-4              (4)  monitor and protect water quality.
   34-5        (c)  The authority may contract with other persons to conduct
   34-6  research.
   34-7        SECTION 1.29.  TAX; BONDS.  (a)  The authority may not levy a
   34-8  property tax.
   34-9        (b)  The authority may issue revenue bonds to finance the
  34-10  purchase of land or the purchase, construction, or installation of
  34-11  facilities or equipment for:
  34-12              (1)  water conservation, water reuse, or other water
  34-13  management measures by water users; or
  34-14              (2)  development, storage, pumping, treatment,
  34-15  transportation, or wholesale distribution of groundwater or surface
  34-16  water for use within the authority from sources within or outside
  34-17  the boundaries of the authority, except that the authority may not
  34-18  construct, acquire, or own facilities for transporting groundwater
  34-19  out of Uvalde County or Medina County.
  34-20        (c)  Revenue bond proceeds may be used:
  34-21              (1)  for springflow augmentation or alternative water
  34-22  supplies;
  34-23              (2)  to finance the retirement of water rights; and
  34-24              (3)  for financial assistance for research or
  34-25  conservation under this article.
  34-26        (d)  Revenue bond proceeds may not be used for maintenance or
  34-27  operating expenses.
   35-1        (e)  Bonds issued by the authority are subject to review and
   35-2  approval of the attorney general and are not subject to review or
   35-3  approval of the commission.  If the attorney general finds that the
   35-4  bonds have been authorized in accordance with the law, the attorney
   35-5  general shall approve them, and the comptroller of public accounts
   35-6  shall register the bonds.  Following approval and registration, the
   35-7  bonds are incontestable and are binding obligations according to
   35-8  their terms.
   35-9        (f)  The board may organize proceeds of the bonds into funds
  35-10  and accounts and may invest the proceeds as the board determines is
  35-11  appropriate.
  35-12        SECTION 1.30.  FEES.  (a)  The cost of pumping reductions
  35-13  must be borne:
  35-14              (1)  solely by users of the aquifer for pumping
  35-15  reductions from the level on the effective date of this article to
  35-16  450,000 acre-feet or the amount determined under Section 1.15 of
  35-17  this article for the period ending December 31, 2007; and
  35-18              (2)  equally by aquifer users and downstream water
  35-19  rights holders for pumping reductions from 450,000 acre-feet, or
  35-20  the amount determined under Section 1.15 of this article for the
  35-21  period ending December 31, 2007, to 400,000 acre-feet, or the
  35-22  amount determined under Section 1.15 of this article for the period
  35-23  beginning January 1, 2008.
  35-24        (b)  The authority shall assess equitable aquifer management
  35-25  fees based on permitted aquifer rights to finance its
  35-26  administrative expenses and programs authorized under this article.
  35-27        (c)  The authority shall also assess an equitable special fee
   36-1  based on permitted aquifer water rights to be used only to finance
   36-2  the retirement of rights necessary to meet the goals provided by
   36-3  Section 1.22 of this article.  The authority shall set the
   36-4  equitable special fees on permitted aquifer users at a level
   36-5  sufficient to match the funds raised from the assessment of
   36-6  equitable special fees on downstream water rights holders.
   36-7        (d)  The commission shall assess equitable special fees on
   36-8  all downstream water rights holders in the Guadalupe River Basin to
   36-9  be used solely to finance the retirement of aquifer rights.  Fees
  36-10  assessed under this subsection may not exceed one-half of the cost
  36-11  of reducing authorized withdrawals from the aquifer from 450,000
  36-12  acre-feet a year, or the amount determined under Section 1.15 of
  36-13  this article for the period ending December 31, 2007, to 400,000
  36-14  acre-feet a year, or the amount determined under Section 1.15 of
  36-15  this article for the period beginning January 1, 2008.  The
  36-16  authority shall report to the commission the estimated costs of the
  36-17  reduction.  The amount of fees assessed under this subsection shall
  36-18  be determined in accordance with rules adopted by the commission
  36-19  for fees under the South Texas watermaster program.  A downstream
  36-20  water rights holder shall pay fees assessed under this subsection
  36-21  to the authority.  A fee may not be assessed by the commission
  36-22  under this subsection on contractual deliveries of water stored in
  36-23  Canyon Lake that may be diverted downstream of the San Marcos
  36-24  Springs or Comal Springs.  A person or entity making a contractual
  36-25  sale of water stored upstream of the springs may not establish a
  36-26  systemwide rate that requires purchasers of upstream-stored water
  36-27  to pay the special fee assessed under this subsection.  The
   37-1  commission may not assess a fee under this subsection on
   37-2  hydroelectric use of water by the following dams:
   37-3              (1)  City of Gonzales Dam;
   37-4              (2)  City of Seguin Dam;
   37-5              (3)  New Braunfels Utilities Dam;
   37-6              (4)  Dam No. TP-1;
   37-7              (5)  Dam No. TP-3;
   37-8              (6)  Dam No. TP-4;
   37-9              (7)  Dam No. TP-5;
  37-10              (8)  Dam No. H-4; or
  37-11              (9)  Dam No. H-5.
  37-12        (e)  In developing an equitable fee structure under this
  37-13  section, the authority may establish different fee rates on a per
  37-14  acre-foot basis for different types of use.  The fees must be
  37-15  equitable between types of uses.  The fee rate for agricultural use
  37-16  may not be more than 20 percent of the fee rate for municipal use.
  37-17  The authority shall assess the fees on the amount of water a permit
  37-18  holder is authorized to withdraw under the permit.
  37-19        (f)  The authority shall impose a permit application fee not
  37-20  to exceed $25.
  37-21        (g)  The authority may assess a surcharge fee to be imposed
  37-22  on a permittee's withdrawal of water in excess of permitted
  37-23  amounts.
  37-24        (h)  The authority may impose a registration application fee
  37-25  not to exceed $10.
  37-26        (i)  Special fees collected under Subsection (c) or (d) of
  37-27  this section may not be used to finance a surface water supply
   38-1  reservoir project.
   38-2        SECTION 1.31.  RIVER DIVERSIONS.  (a)  The commission may
   38-3  issue to an applicant a special permit to divert water from the
   38-4  Guadalupe River from a diversion point on the river downstream of
   38-5  the point where the river emerges as a spring.
   38-6        (b)  A permit issued to a person under this section must
   38-7  condition the diversion of water from the Guadalupe River on a
   38-8  limitation of withdrawals under the person's permit to withdraw
   38-9  water from the aquifer.
  38-10        (c)  A permit issued under this section must provide that the
  38-11  permit holder may divert water from the Guadalupe River only if:
  38-12              (1)  the diversion is made instead of a withdrawal from
  38-13  the aquifer to enhance the yield of the aquifer; and
  38-14              (2)  the diversion does not impair senior water rights
  38-15  or vested riparian rights.
  38-16        (d)  A permit issued in accordance with this section is
  38-17  subordinate to permitted water rights for which applications were
  38-18  submitted before May 31, 1993, and vested riparian rights.
  38-19        (e)  Sections 11.028 and 11.033, Water Code, do not apply to
  38-20  a permit issued under this section.
  38-21        SECTION 1.32.  MEASURING DEVICES.  (a)  The owner of a
  38-22  nonexempt well that withdraws water from the aquifer shall install
  38-23  and maintain a measuring device approved by the authority designed
  38-24  to indicate the flow rate and cumulative amount of water withdrawn
  38-25  by that well.  This requirement may be waived by the authority on
  38-26  written request by a well owner to use an alternative method of
  38-27  determining the amount of water withdrawn.
   39-1        (b)  The authority is responsible for the costs of installing
   39-2  and maintaining measuring devices, if required, for an irrigation
   39-3  well in existence on the effective date of this article.
   39-4        SECTION 1.33.  REPORTS.  Not later than March 1 of each year,
   39-5  and on a form prescribed by the authority, each holder of a permit
   39-6  shall file with the authority a written report of water use for the
   39-7  preceding calendar year.
   39-8        SECTION 1.34.  WELL PERMIT EXEMPTION.  (a)  A well that
   39-9  produces 25,000 gallons of water a day or less for domestic use or
  39-10  for the open-range watering of livestock connected with farming,
  39-11  ranching, or dairy enterprises is exempt from permitting
  39-12  requirements.
  39-13        (b)  Exempt wells must register with the authority or with an
  39-14  underground water conservation district in which the well is
  39-15  located.
  39-16        (c)  A well within or serving a subdivision requiring
  39-17  platting does not qualify for an exempt use.
  39-18        SECTION 1.35.  TRANSFER OF RIGHTS.  (a)  Water withdrawn from
  39-19  the aquifer must be used within the boundaries of the authority.
  39-20        (b)  A permit holder may sell permitted water rights only to
  39-21  the authority, but the permit holder may not sell more than 50
  39-22  percent of the rights initially permitted.  The remaining water
  39-23  rights must be used in accordance with the original permit and must
  39-24  pass with transfer of the land as provided by rules of the board.
  39-25        (c)  The authority may purchase permitted water rights and:
  39-26              (1)  sell those rights to other permit holders;
  39-27              (2)  sell water withdrawn under those rights to other
   40-1  permit holders;
   40-2              (3)  hold the water in trust for future beneficial use
   40-3  within the authority's boundaries; or
   40-4              (4)  retire those rights.
   40-5        SECTION 1.36.  PROHIBITIONS.  (a)  A person may not withdraw
   40-6  water from the aquifer except as authorized by a permit issued by
   40-7  the authority or by this article.
   40-8        (b)  A person holding a permit issued by the authority may
   40-9  not violate the terms or conditions of the permit.
  40-10        (c)  A person may not waste water withdrawn from the aquifer.
  40-11        (d)  A person may not pollute or contribute to the pollution
  40-12  of the aquifer.
  40-13        (e)  A person may not violate this article or a rule of the
  40-14  authority adopted under this article.
  40-15        SECTION 1.37.  ENFORCEMENT.  (a)  The authority may enter
  40-16  orders to enforce the terms and conditions of permits, orders, or
  40-17  rules issued or adopted under this article.
  40-18        (b)  The authority by rule shall provide for the suspension
  40-19  of a permit of any class for a failure to pay a required fee or a
  40-20  violation of a permit condition or order of the authority or a rule
  40-21  adopted by the authority.
  40-22        SECTION 1.38.  ADMINISTRATIVE PENALTY.  (a)  The authority
  40-23  may assess an administrative penalty against a person who violates
  40-24  this article or a rule adopted or permit or order issued under this
  40-25  article in an amount of not less than $100 or more than $1,000 for
  40-26  each violation and for each day of a continuing violation.
  40-27        (b)  In determining the amount of the penalty, the authority
   41-1  shall consider:
   41-2              (1)  the history of previous violations;
   41-3              (2)  the amount necessary to deter future violations;
   41-4              (3)  efforts to correct the violation;
   41-5              (4)  enforcement costs relating to the violation; and
   41-6              (5)  any other matters that justice may require.
   41-7        (c)  If after an examination of the facts the authority
   41-8  concludes that the person did commit a violation, the authority may
   41-9  issue a preliminary report stating the facts on which it based its
  41-10  conclusion, recommending that an administrative penalty under this
  41-11  section be imposed, and recommending the amount of the proposed
  41-12  penalty.
  41-13        (d)  The authority shall give written notice of the report to
  41-14  the person charged with committing the violation.  The notice must
  41-15  include a brief summary of the facts, a statement of the amount of
  41-16  the recommended penalty, and a statement of the person's right to
  41-17  an informal review of the occurrence of the violation, the amount
  41-18  of the penalty, or both.
  41-19        (e)  Not later than the 10th day after the date on which the
  41-20  person charged with committing the violation receives the notice,
  41-21  the person may either give the authority written consent to the
  41-22  report, including the recommended penalty, or make a written
  41-23  request for an informal review by the authority.
  41-24        (f)  If the person charged with committing the violation
  41-25  consents to the penalty recommended by the authority or fails to
  41-26  timely request an informal review, the authority shall assess the
  41-27  penalty.  The authority shall give the person written notice of its
   42-1  action.  The person shall pay the penalty not later than the 30th
   42-2  day after the date on which the person receives the notice.
   42-3        (g)  If the person charged with committing a violation
   42-4  requests an informal review as provided by Subsection (e) of this
   42-5  section, the authority shall conduct the review.  The authority
   42-6  shall give the person written notice of the results of the review.
   42-7        (h)  Not later than the 10th day after the date on which the
   42-8  person charged with committing the violation receives the notice
   42-9  prescribed by Subsection (g) of this section, the person may make
  42-10  to the authority a written request for a hearing.
  42-11        (i)  If, after informal review, a person who has been ordered
  42-12  to pay a penalty fails to request a formal hearing in a timely
  42-13  manner, the authority shall assess the penalty.  The authority
  42-14  shall give the person written notice of its action.  The person
  42-15  shall pay the penalty not later than the 30th day after the date on
  42-16  which the person receives the notice.
  42-17        (j)  Except as provided by Subsection (k) of this section,
  42-18  not later than the 30th day after the date on which the authority
  42-19  issues a final decision after a hearing under Subsection (h) of
  42-20  this section, a person who has been ordered to pay a penalty under
  42-21  this section shall pay the penalty in full.
  42-22        (k)  If the person seeks judicial review of either the fact
  42-23  of the occurrence of the violation or the amount of the penalty, or
  42-24  of both, the person shall send the amount of the penalty to the
  42-25  authority for placement in an escrow account or post with the
  42-26  authority a supersedeas bond in a form approved by the authority
  42-27  for the amount of the penalty.  The bond must be effective until
   43-1  all judicial review of the order or decision is final.
   43-2        (l)  Failure to forward the money to or to post the bond with
   43-3  the authority within the period provided by Subsection (j) or (k)
   43-4  of this section results in a waiver of all legal rights to judicial
   43-5  review.  If the person charged fails to forward the money or post
   43-6  the bond within the period provided by Subsection (f), (i), (j), or
   43-7  (k) of this section, the authority may forward the matter to the
   43-8  attorney general for enforcement of the penalty and interest as
   43-9  provided by law for legal judgments.  An action to enforce a
  43-10  penalty order under this section must be initiated in a court of
  43-11  competent jurisdiction in Travis County or in the county in which
  43-12  the violation occurred.
  43-13        (m)  Judicial review of an authority order or review under
  43-14  this section assessing a penalty is under the substantial evidence
  43-15  rule.  A suit may be initiated by filing a petition with a district
  43-16  court in Travis County.
  43-17        (n)  If a penalty is reduced or not assessed, the authority
  43-18  shall remit to the person the appropriate amount plus accrued
  43-19  interest if the penalty has been paid or shall execute a release of
  43-20  the bond if a supersedeas bond has been posted.  The accrued
  43-21  interest on amounts remitted by the authority under this subsection
  43-22  shall be paid at a rate equal to the rate provided by law for legal
  43-23  judgments and shall be paid for the period beginning on the date
  43-24  the penalty is paid to the authority under this section and ending
  43-25  on the date the penalty is remitted.
  43-26        (o)  A penalty collected under this section shall be paid to
  43-27  the authority.
   44-1        SECTION 1.39.  INJUNCTION BY AUTHORITY.  The authority may
   44-2  file a civil suit in a state district court for an injunction to
   44-3  enforce this article or a rule adopted or permit or order issued
   44-4  under this article.  If the court determines that a person has
   44-5  violated or threatens to violate this article or a rule adopted or
   44-6  permit or order issued under this article, the court may enter an
   44-7  injunction to enforce this article or the permit, order, or rule.
   44-8  The authority may recover reasonable attorney's fees in a suit
   44-9  under this section.
  44-10        SECTION 1.40.  SUIT FOR MANDAMUS.  The commission may file a
  44-11  civil suit for an order of mandamus against the authority to compel
  44-12  the authority to perform its duties under this article or to compel
  44-13  the authority to enforce this article against a violator.  The
  44-14  commission may recover attorney's fees from the authority in a suit
  44-15  under this section.
  44-16        SECTION 1.41.  CIVIL PENALTY.  (a)  The commission or
  44-17  authority may file a civil action in state district court for a
  44-18  civil penalty for a violation of this article or a rule adopted or
  44-19  permit or order issued under this article.
  44-20        (b)  The commission or authority may recover a civil penalty
  44-21  of not less than $100 or more than $10,000 for each violation and
  44-22  for each day of violation and attorney's fees.
  44-23        (c)  A civil penalty or attorney's fees collected by the
  44-24  authority under this section shall be paid to the authority.
  44-25        (d)  A civil penalty or attorney's fees collected by the
  44-26  commission under this section shall be deposited to the credit of
  44-27  the general revenue fund.
   45-1        SECTION 1.42.  REPEALER; TRANSFERS; RULES.  (a)  Chapter 99,
   45-2  Acts of the 56th Legislature, Regular Session, 1959 (Article
   45-3  8280-219, Vernon's Texas Civil Statutes), is repealed, and the
   45-4  Edwards Underground Water District is abolished.
   45-5        (b)  All files and records of the Edwards Underground Water
   45-6  District pertaining to control, management, and operation of the
   45-7  district are transferred from the Edwards Underground Water
   45-8  District to the authority on the effective date of this article.
   45-9        (c)  All real and personal property, leases, rights,
  45-10  contracts, staff, and obligations of the Edwards Underground Water
  45-11  District are transferred to the authority on the effective date of
  45-12  this article.
  45-13        (d)  On September 1, 1993, all unobligated and unexpended
  45-14  funds of the Edwards Underground Water District shall be
  45-15  transferred to the authority.
  45-16        (e)  A rule adopted by the Edwards Underground Water District
  45-17  before the effective date of this article that relates to
  45-18  management or control of the aquifer is, on the effective date of
  45-19  this article, a rule of the  authority and remains in effect until
  45-20  amended or repealed by the authority.
  45-21        SECTION 1.43.  EFFECT ON OTHER DISTRICTS.  (a)  An
  45-22  underground water conservation district other than the authority
  45-23  may manage and control water that is a part of the aquifer after
  45-24  the effective date of this article only as provided in this
  45-25  section.  This article does not affect a water reclamation or
  45-26  conservation district that manages and controls only water from a
  45-27  resource other than the aquifer.
   46-1        (b)  An underground water conservation district other than
   46-2  the authority may manage and control water that is a part of the
   46-3  aquifer to the extent that those management activities do not
   46-4  conflict with and are not duplicative of this article or the rules
   46-5  and orders of the authority.
   46-6        (c)  Except as otherwise provided by this article, the board
   46-7  may delegate the powers and duties granted to it under this
   46-8  article.  The board shall delegate all or part of its powers or
   46-9  duties to an underground water conservation district on the
  46-10  district's request if the district demonstrates to the satisfaction
  46-11  of the board that:
  46-12              (1)  the district has statutory powers necessary for
  46-13  full enforcement of the rules and orders to be delegated;
  46-14              (2)  the district has implemented all rules and
  46-15  policies necessary to fully implement the programs to be delegated;
  46-16  and
  46-17              (3)  the district has implemented a system designed to
  46-18  provide the authority with adequate information with which to
  46-19  monitor the adequacy of the district's performance in enforcing
  46-20  board rules and orders.
  46-21        (d)  In making the determination under Subsection (c) of this
  46-22  section, the board may consider the district's past performance and
  46-23  experience in enforcing powers and duties delegated to it by the
  46-24  board.  The board may deny a request for delegation of powers or
  46-25  duties by a district if the district has previously had a
  46-26  delegation terminated under Subsection (e) of this section.
  46-27        (e)  If the authority determines that a district has failed
   47-1  adequately to enforce or implement any rules or orders delegated
   47-2  under this section, the authority immediately shall provide to the
   47-3  district notice that sets forth the reasons for its determination
   47-4  and the actions that the district must take to retain the delegated
   47-5  authority.  Not later than the 10th day after the date the notice
   47-6  is given, the district must demonstrate its commitment and ability
   47-7  to take the actions set forth in the notice.  If, at the end of the
   47-8  10-day period, the authority does not find that the district will
   47-9  adequately enforce its rules and orders, the authority immediately
  47-10  shall resume full responsibility for implementation and enforcement
  47-11  of those rules and orders.  The authority shall provide to the
  47-12  district notice that the delegation of authority to it has been
  47-13  terminated.  After the termination notice is given, the authority
  47-14  of the district to manage or control water in the aquifer is
  47-15  limited to the authority granted by Subsection (b) of this section.
  47-16        SECTION 1.44.  CREATION OF UNDERGROUND WATER CONSERVATION
  47-17  DISTRICT.  An underground water conservation district may be
  47-18  created in any county affected by this article as provided by
  47-19  Subchapter B, Chapter 52, Water Code.
  47-20                               ARTICLE 2
  47-21        SECTION 2.01.  DEFINITION.  In this article, "district" means
  47-22  the Uvalde County Underground Water Conservation District.
  47-23        SECTION 2.02.  VALIDATION.  The creation of the district and
  47-24  all resolutions, orders, and other acts or attempted acts of the
  47-25  board of directors of the district are validated in all respects.
  47-26  The creation of the district and all resolutions, orders, and other
  47-27  acts or attempted acts of the board of directors of the district
   48-1  are valid as though they originally had been legally authorized or
   48-2  accomplished.
   48-3        SECTION 2.03.  BOUNDARIES.  Pursuant to the petition to the
   48-4  Commissioners Court of Uvalde County, Texas, requesting the
   48-5  creation of the district, the district includes the territory
   48-6  contained within the boundaries of Uvalde County.
   48-7        SECTION 2.04.  FINDING OF BENEFIT.  All the land and other
   48-8  property included within the boundaries of the district will be
   48-9  benefitted by the validation of the district.
  48-10        SECTION 2.05.  POWERS.  (a)  The district has all of the
  48-11  rights, powers, privileges, authority, functions, and duties
  48-12  provided by the general law of the state, including Chapters 50 and
  48-13  52, Water Code, applicable to underground water conservation
  48-14  districts created under Article XVI, Section 59, of the Texas
  48-15  Constitution.  This article prevails over any provision of general
  48-16  law that is in conflict or inconsistent with this article.
  48-17        (b)  The district may develop and implement a drought
  48-18  response plan, with reasonable rules, using water levels as
  48-19  observed in the Uvalde Index Well YP-69-50-302.
  48-20        (c)  The rights, powers, privileges, authority, functions,
  48-21  and duties of the district are subject to the continuing right of
  48-22  supervision of the state to be exercised by and through the Texas
  48-23  Water Commission.
  48-24        SECTION 2.06.  LEVY OF TAXES.  The levy and collection of
  48-25  taxes by the district is governed by Subchapter H, Chapter 52,
  48-26  Water Code, except that the district may not levy a maintenance and
  48-27  operating tax at a rate that exceeds two cents per $100 assessed
   49-1  valuation unless an election held in the district authorizes a
   49-2  higher rate.
   49-3        SECTION 2.07.  PENDING LITIGATION.  This article does not
   49-4  apply to or affect litigation pending on the effective date of this
   49-5  article in any court of competent jurisdiction in this state to
   49-6  which the district is a party.
   49-7                               ARTICLE 3
   49-8        SECTION 3.01.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
   49-9  (a)  The proper and legal notice of the intention to introduce this
  49-10  Act, setting forth the general substance of this Act, has been
  49-11  published as provided by law, and the notice and a copy of this Act
  49-12  have been furnished to all persons, agencies, officials, or
  49-13  entities to which they are required to be furnished by the
  49-14  constitution and other laws of this state, including the governor,
  49-15  who has submitted the notice and Act to the Texas Water Commission.
  49-16        (b)  The Texas Water Commission has filed its recommendations
  49-17  relating to this Act with the governor, lieutenant governor, and
  49-18  speaker of the house of representatives within the required time.
  49-19        (c)  All requirements of the constitution and laws of this
  49-20  state and the rules and procedures of the legislature with respect
  49-21  to the notice, introduction, and passage of this Act are fulfilled
  49-22  and accomplished.
  49-23        SECTION 3.02.  EFFECTIVE DATES.  This Act takes effect
  49-24  September 1, 1993; except Section 1.36 of Article 1 takes effect
  49-25  March 1, 1994.
  49-26        SECTION 3.03.  EMERGENCY.  The importance of this legislation
  49-27  and the crowded condition of the calendars in both houses create an
   50-1  emergency and an imperative public necessity that the
   50-2  constitutional rule requiring bills to be read on three several
   50-3  days in each house be suspended, and this rule is hereby suspended.