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.