1-1 By: Armbrister, et al. S.B. No. 1477 1-2 (In the Senate - Filed May 5, 1993; May 6, 1993, read first 1-3 time and referred to Committee on Natural Resources; May 7, 1993, 1-4 reported adversely, with favorable Committee Substitute by the 1-5 following vote: Yeas 8, Nays 3; May 7, 1993, sent to printer.) 1-6 COMMITTEE VOTE 1-7 Yea Nay PNV Absent 1-8 Sims x 1-9 Truan x 1-10 Armbrister x 1-11 Barrientos x 1-12 Bivins x 1-13 Brown x 1-14 Carriker x 1-15 Lucio x 1-16 Montford x 1-17 Ratliff x 1-18 Shelley x 1-19 COMMITTEE SUBSTITUTE FOR S.B. No. 1477 By: Armbrister 1-20 A BILL TO BE ENTITLED 1-21 AN ACT 1-22 relating to the creation, administration, powers, duties, 1-23 operation, and financing of the Edwards Aquifer Authority and the 1-24 management of the Edwards Aquifer; granting the power of eminent 1-25 domain; authorizing the issuance of bonds; providing civil and 1-26 criminal penalties; and validating the creation of the Uvalde 1-27 County Underground Water Conservation District. 1-28 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-29 ARTICLE 1 1-30 SECTION 1.01. FINDINGS AND DECLARATION OF POLICY. The 1-31 legislature finds that the Edwards Aquifer is a unique and complex 1-32 hydrological system, with diverse economic and social interests 1-33 dependent on the aquifer for water supply. In keeping with that 1-34 finding, the Edwards Aquifer is declared to be a distinctive 1-35 natural resource in this state, a unique aquifer, and not an 1-36 underground stream. To sustain these diverse interests and that 1-37 natural resource, a special regional management district is 1-38 required for the effective control of the resource to protect 1-39 terrestrial and aquatic life, domestic and municipal water 1-40 supplies, the operation of existing industries, and the economic 1-41 development of the state. Use of water in the district for 1-42 beneficial purposes requires that all reasonable measures be taken 1-43 to be conservative in water use. 1-44 SECTION 1.02. Creation. (a) A conservation and reclamation 1-45 district, to be known as the Edwards Aquifer Authority, is created 1-46 in all or part of Atascosa, Bexar, Caldwell, Comal, Guadalupe, 1-47 Hays, Medina, and Uvalde counties. A confirmation election is not 1-48 necessary. The authority is a governmental agency and a body 1-49 politic and corporate. 1-50 (b) The authority is created under and is essential to 1-51 accomplish the purposes of Article XVI, Section 59, of the Texas 1-52 Constitution. 1-53 SECTION 1.03. DEFINITIONS. In this article: 1-54 (1) "Aquifer" means the Edwards Aquifer, which is that 1-55 portion of an arcuate belt of porous, water-bearing, predominately 1-56 carbonate rocks known as the Edwards and Associated Limestones in 1-57 the Balcones Fault Zone extending from west to east to northeast 1-58 from the hydrologic division near Brackettville in Kinney County 1-59 that separates underground flow toward the Comal Springs and San 1-60 Marcos Springs from underground flow to the Rio Grande Basin, 1-61 through Uvalde, Medina, Atascosa, Bexar, Guadalupe, and Comal 1-62 counties, and in Hays County south of the hydrologic division near 1-63 Kyle that separates flow toward the San Marcos River from flow to 1-64 the Colorado River Basin. 1-65 (2) "Authority" means the Edwards Aquifer Authority. 1-66 (3) "Beneficial use" means the use of the amount of 1-67 water that is reasonable and necessary for a lawful purpose, if 1-68 reasonable intelligence and reasonable diligence are used in 2-1 applying the water to that purpose. 2-2 (4) "Board" means the board of directors of the 2-3 authority. 2-4 (5) "Commission" means the Texas Natural Resource 2-5 Conservation Commission. 2-6 (6) "Conservation" means any measure that would 2-7 sustain or enhance water supply. 2-8 (7) "Domestic use" means use of water by a person 2-9 owning the well from which the water is withdrawn and that person's 2-10 household for: 2-11 (A) drinking, washing, or culinary purposes; 2-12 (B) irrigation of lawns; 2-13 (C) irrigation of a family garden or orchard the 2-14 produce of which is for household consumption only; and 2-15 (D) watering of domestic animals not raised, 2-16 maintained, or sold for commercial purposes. 2-17 (8) "Existing user" means a person who has withdrawn 2-18 and beneficially used underground water from the aquifer on or 2-19 before June 1, 1993. 2-20 (9) "Industrial use" means the use of water for or in 2-21 connection with commercial or industrial activities, including 2-22 manufacturing, commercial feedlot operations, commercial fish 2-23 production, bottling, brewing, food processing, scientific research 2-24 and technology, recycling, production of concrete, asphalt, and 2-25 cement, cooling-tower heat exchange, commercial uses of water for 2-26 tourism, entertainment, and hotel or motel lodging, generation of 2-27 power other than hydroelectric, and other business activities. 2-28 (10) "Irrigation use" means the use of water for the 2-29 irrigation of pastures and commercial crops, including orchards. 2-30 (11) "Livestock" means animals, beasts, or poultry 2-31 collected or raised for pleasure, recreational use, or commercial 2-32 use. 2-33 (12) "Municipal use" means the use of water within or 2-34 outside of a municipality and its environs whether supplied by a 2-35 person, privately owned utility, political subdivision, or other 2-36 entity, including the use of treated effluent for certain purposes 2-37 specified as follows. The term includes: 2-38 (A) the use of water for domestic use, the 2-39 watering of lawns and family gardens, fighting fires, sprinkling 2-40 streets, flushing sewers and drains, water parks and parkways, and 2-41 recreation, including public and private swimming pools; 2-42 (B) the use of water in industrial and 2-43 commercial enterprises supplied by a municipal distribution system 2-44 without special construction to meet its demands; and 2-45 (C) the application of treated effluent on land 2-46 under a permit issued under Chapter 26, Water Code, if: 2-47 (i) the primary purpose of the application 2-48 is the treatment or necessary disposal of the effluent; 2-49 (ii) the application site is a park, 2-50 parkway, golf course, or other landscaped area within the 2-51 authority's boundaries; or 2-52 (iii) the effluent applied to the site is 2-53 generated within an area for which the commission has adopted a 2-54 rule that prohibits the discharge of the effluent. 2-55 (13) "Person" means an individual, corporation, 2-56 organization, government or governmental subdivision or agency, 2-57 business trust, estate, trust, partnership, association, and any 2-58 other legal entity. 2-59 (14) "Pollution" means the alteration of the physical, 2-60 thermal, chemical, or biological quality of any water in the state, 2-61 or the contamination of any water in the state, that renders the 2-62 water harmful, detrimental, or injurious to humans, animal life, 2-63 vegetation, property, or public health, safety, or welfare or that 2-64 impairs the usefulness of the public enjoyment of the water for any 2-65 lawful or reasonable purpose. 2-66 (15) "Reuse" means authorized use for one or more 2-67 beneficial purposes of use of water that remains unconsumed after 2-68 the water is used for the original purpose of use and before the 2-69 water is discharged or otherwise allowed to flow into a 2-70 watercourse, lake, or other body of state-owned water. 3-1 (16) "Underground water" has the meaning assigned by 3-2 Section 52.001, Water Code. 3-3 (17) "Waste" means: 3-4 (A) withdrawal of underground water from the 3-5 aquifer at a rate and in an amount that causes or threatens to 3-6 cause intrusion into the reservoir of water unsuitable for 3-7 agricultural, gardening, domestic, or stock raising purposes; 3-8 (B) the flowing or producing of wells from the 3-9 aquifer if the water produced is not used for a beneficial purpose; 3-10 (C) escape of underground water from the aquifer 3-11 to any other reservoir that does not contain underground water; 3-12 (D) pollution or harmful alteration of 3-13 underground water in the aquifer by salt water or other deleterious 3-14 matter admitted from another stratum or from the surface of the 3-15 ground; 3-16 (E) wilfully or negligently causing, suffering, 3-17 or permitting underground water from the aquifer to escape into any 3-18 river, creek, natural watercourse, depression, lake, reservoir, 3-19 drain, sewer, street, highway, road, or road ditch, or onto any 3-20 land other than that of the owner of the well; or 3-21 (F) underground water pumped from the aquifer 3-22 for irrigation that escapes as irrigation tailwater onto land other 3-23 than that of the owner of the well unless permission has been 3-24 granted by the occupant of the land receiving the discharge. 3-25 (18) "Well" means a bored, drilled, or driven shaft or 3-26 an artificial opening in the ground made by digging, jetting, or 3-27 some other method where the depth of the shaft or opening is 3-28 greater than its largest surface dimension, but does not include a 3-29 surface pit, surface excavation, or natural depression. 3-30 (19) "Well J-17" means state well number AY-68-37-203 3-31 located in Bexar County. 3-32 (20) "Well J-27" means state well number YP-69-50-302 3-33 located in Uvalde County. 3-34 (21) "Withdrawal" means an act or a failure to act 3-35 that results in taking water from the aquifer by or through 3-36 man-made facilities, including pumping, withdrawing, or diverting 3-37 underground water. 3-38 SECTION 1.04. BOUNDARIES. The authority includes the 3-39 territory contained within the following area: 3-40 (1) all of the areas of Bexar, Medina, and Uvalde 3-41 counties; 3-42 (2) all of the area of Comal County, except that 3-43 portion of the county that lies North of the North line through the 3-44 county of Subdivision No. 1 of the Underground Water Reservoir in 3-45 the Edwards Limestone, Balcones escarpment area, as defined by the 3-46 order of the Board of Water Engineers dated January 10, 1957; 3-47 (3) the part of Caldwell County beginning with the 3-48 intersection of Hays County Road 266 and the San Marcos River; 3-49 THENCE southeast along the San Marcos River to the point of 3-50 intersection of Caldwell, Guadalupe, and Gonzales counties; 3-51 THENCE southeast along the Caldwell-Gonzales County line to 3-52 its intersection with U.S. Highway 183; 3-53 THENCE north along U.S. Highway 183 to its intersection with 3-54 State Highway 21; 3-55 THENCE southwest along State Highway 21 to its intersection 3-56 with Hays County Road 266; 3-57 THENCE southwest along Hays County Road 266 to the place of 3-58 beginning; 3-59 (4) the part of Hays County beginning on the northwest 3-60 line of the R. B. Moore Survey, Abstract 412, in Comal County where 3-61 it crosses the Comal County-Hays County line northeast along the 3-62 northwest line of said Survey to the northeast corner of said 3-63 Survey in Hays County, Texas; 3-64 THENCE southeast in Hays County, Texas across the Jas. 3-65 Deloach Survey, Abstract 878, to the most westerly northwest corner 3-66 of the Presidio Irrigation Co. Survey, Abstract 583; 3-67 THENCE northeast along the northwest line of said Survey to 3-68 its most northerly northwest corner; 3-69 THENCE continuing in the same line across the R.S. Clayton 3-70 Survey 2, Block 742, to the west line of the H. & G. N. RR. Co. 4-1 Survey 1, Abstract 668; 4-2 THENCE north along the west line of said Survey to its 4-3 northwest corner; 4-4 THENCE east along the north line of said Survey to its 4-5 northeast corner; 4-6 THENCE northeast across the David Wilson Survey 83, Abstract 4-7 476, to the southeast corner of the F. W. Robertson Survey 71, 4-8 Abstract 385; 4-9 THENCE north along the east line of said Survey to the 4-10 southwest corner of the Benjamin Weed Survey 72, Abstract 483; 4-11 THENCE east along the south line of said Survey to its 4-12 southeast corner; 4-13 THENCE northeast across the William Gray Survey 73, Abstract 4-14 92, and the Murray Bailey Survey 75, Abstract 42, to the southwest 4-15 corner of the D.Holderman Survey 33, Abstract 225; 4-16 THENCE north along the west line of said Survey to its 4-17 northwest corner; 4-18 THENCE continuing in the same line to the north line of the 4-19 Day Land & Cattle Co. Survey 672; 4-20 THENCE west along said north line of said Survey to its 4-21 northwest corner, which is in the east line of the Jesse Williams 4-22 Survey 4 to the northeast corner of said Survey; 4-23 THENCE west along the north line of said Survey to the 4-24 Southwest corner of the Amos Singleton Survey 106, Abstract 410; 4-25 THENCE north along the west lines of said Amos Singleton 4-26 Survey 106 and the Watkins Nobles Survey 107, Abstract 346, to the 4-27 northwest corner of said Watkins Nobles Survey 107; 4-28 THENCE east along the north line of said Survey to the 4-29 southwest corner of the Jesusa Perez Survey 14, Abstract 363; 4-30 THENCE north along the west line of said Jesusa Perez Survey 4-31 14 to its northwest corner; 4-32 THENCE east along the north line of said Survey to its 4-33 northeast corner; 4-34 THENCE, south along the east line of said Survey for a 4-35 distance of approximately 10,000 feet to its intersection with 4-36 Ranch Road 150; 4-37 THENCE, east by southeast along Ranch Road 150 approximately 4-38 24,500 feet to its intersection with the southern boundary line of 4-39 the Andrew Dunn Survey 9, Abstract 4; 4-40 THENCE, east along the south line of said survey as it 4-41 extends and becomes the southern boundary line of the Morton M. 4-42 McCarver Survey 4, Abstract 10, for a distance of approximately 4-43 7,000 feet to its intersection with Ranch Road 2770; 4-44 THENCE, south on Ranch Road 2770 for a distance of 4-45 approximately 400 feet to its intersection with Farm-to-Market Road 4-46 171; 4-47 THENCE, east along Farm-to-Market Road 171 for a distance of 4-48 approximately 10,500 feet to its intersection with Farm-to-Market 4-49 Road 25; 4-50 THENCE, north by northeast along Farm-to-Market Road 25 for a 4-51 distance of approximately 3,100 feet to its intersection with 4-52 Farm-to-Market Road 131; 4-53 THENCE, east by southeast along Farm-to-Market Road 131 for a 4-54 distance of approximately 3,000 feet to its intersection with the 4-55 east line of the Thomas G. Allen Survey, Abstract 26; 4-56 THENCE south along the east line of said Thomas G. Allen 4-57 Survey to the most northerly northwest corner of the Elisha Pruett 4-58 Survey 23, Abstract 376; 4-59 THENCE southwest along a west line of said Elisha Pruett 4-60 Survey 23 to the west corner of said Survey; 4-61 THENCE southeast along the southwest line of said Survey to 4-62 the north corner of the John Stewart Survey, Abstract 14; 4-63 THENCE southwest along the northwest line of said John 4-64 Stewart Survey to its west corner; 4-65 THENCE continuing in the same line to the most northerly 4-66 southwest line of the John Jones Survey, Abstract 263; 4-67 THENCE southeast along said southwest line to an interior 4-68 corner of said John Jones Survey; 4-69 THENCE southwest along the most southerly northwest line of 4-70 said Survey to the southwest corner of said Survey; 5-1 THENCE southeast along the south line of said Survey to the 5-2 north corner of the James W. Williams Survey 11, Abstract 473; 5-3 THENCE southwest along the northwest line of said James W. 5-4 Williams Survey 11 to its west corner; 5-5 THENCE southeast along the southwest line of said Survey to 5-6 the north right-of-way line of the I. & G. N. RR.; 5-7 THENCE southwest along said right-of-way of said I. & G. N. 5-8 RR. to the Hays County-Comal County line; 5-9 THENCE south along said county line to the northwest line of 5-10 the R. B. Moore Survey, Abstract 412, in Hays County where it 5-11 crosses the Hays County-Comal County line; 5-12 (5) all of the territory of Hays County contained 5-13 within the following described area: 5-14 Beginning on the most southern point of Hays County at the 5-15 intersection of Hays, Comal, and Guadalupe Counties; then 5-16 continuing in a northeasterly direction along the Hays-Guadalupe 5-17 county line to its intersection with the Hays-Caldwell county line; 5-18 then continuing along the Hays-Caldwell county line to an 5-19 intersection with Farm-to-Market Road 150; then continuing in a 5-20 northwesterly direction along Farm-to-Market Road 150 to the 5-21 intersection with the existing southern boundary of the part of 5-22 Hays County described in Subdivision (3) of this section; then 5-23 continuing in a southwesterly direction along the existing southern 5-24 boundary of the part of Hays County described in Subdivision (3) of 5-25 this section to the intersection with the Hays-Comal county line; 5-26 then continuing in a southerly direction along the Hays-Comal 5-27 county line to the point of beginning; 5-28 (6) the part of Guadalupe County beginning at the 5-29 Guadalupe County-Caldwell County-Hays County-Comal County line at 5-30 the San Marcos River in the northwest corner of Guadalupe County, 5-31 Texas. 5-32 THENCE southeast along the Guadalupe County-Hays County line 5-33 to the intersect of the Guadalupe County-Hays County-Comal County 5-34 line. 5-35 THENCE southeast along the Guadalupe County-Comal County line 5-36 to the intersect of the Guadalupe County-Comal County-Bexar County 5-37 intersect at the Cibolo Creek. 5-38 THENCE south along the Guadalupe County-Bexar County line 5-39 along the Cibolo Creek to the intersect of the Guadalupe 5-40 County-Bexar County-Wilson County line. 5-41 THENCE south along the Guadalupe County-Wilson County line 5-42 along the Cibolo Creek to the intersect and crossing of Guadalupe 5-43 County Road 417. 5-44 THENCE east along Guadalupe County Road 417 to the intersect 5-45 of Guadalupe County road number 417 and Guadalupe County Road 412. 5-46 THENCE northeast along Guadalupe County Road 412 to the 5-47 intersect of Guadalupe County road number 412 and Guadalupe County 5-48 Road 411 A. 5-49 THENCE east along Guadalupe County Road 411 A to the 5-50 intersect of Guadalupe County road number 411 A and Farm-to-Market 5-51 Road 725. 5-52 THENCE north along Farm-to-Market Road 725 to the intersect 5-53 of Farm-to-Market road number 725 and Interstate Highway 10. 5-54 THENCE east along Interstate Highway 10 to the intersect of 5-55 Interstate Highway 10 and State Highway 90. 5-56 THENCE east along State Highway 90 to the Guadalupe 5-57 County-Caldwell County line at the San Marcos river. 5-58 THENCE northwest along the Guadalupe County-Caldwell County 5-59 line along the San Marcos river to the place of beginning; and 5-60 (7) the part of Atascosa County beginning on the north 5-61 line of the Robt. C. Rogers Survey, at the Bexar County-Atascosa 5-62 County line, to its northwest corner, which is the northeast corner 5-63 of the F. Brockinzen Survey, Abstract 86; 5-64 THENCE south along the east line of said Survey passing 5-65 through its southeast corner and continuing south along the east 5-66 line of the F. Brockinzen Survey, Abstract 90, to its southeast 5-67 corner; 5-68 THENCE west along the south line of said survey to its 5-69 southwest corner; 5-70 THENCE north along the west line of said F. Brockinzen Survey 6-1 to the southeast corner of the B. Bonngartner Survey, Abstract 87; 6-2 THENCE west along the south line of said B. Bonngartner 6-3 Survey passing through its southwest corner and continuing along 6-4 the south line of the J. B. Goettlemann Survey, Abstract 309, to 6-5 the Atascosa County-Medina County line; 6-6 THENCE north along the Atascosa County-Medina County line to 6-7 the Bexar County line; 6-8 THENCE east along the Atascosa County-Bexar County Line to 6-9 the place of beginning. 6-10 SECTION 1.05. FINDINGS RELATING TO BOUNDARIES. The 6-11 legislature finds that the boundaries and field notes of the 6-12 authority form a closure. A mistake in the field notes or in 6-13 copying the field notes in the legislative process does not affect 6-14 the organization, existence, or validity of the district or the 6-15 legality or operation of the district or its governing body. 6-16 SECTION 1.06. FINDING OF BENEFIT. (a) The legislature 6-17 finds that the water in the unique underground system of 6-18 water-bearing formations known as the Edwards-Balcones Fault Zone 6-19 Aquifer has a hydrologic interrelationship to the Guadalupe, San 6-20 Antonio, San Marcos, Comal, Frio, and Nueces river basins, is the 6-21 primary source of water for the residents of the region, and is 6-22 vital to the general economy and welfare of this state. The 6-23 continuous and sustained withdrawal of underground water from the 6-24 aquifer at the rates between 1982 and 1993 or greater rates may 6-25 result in damage to the aquifer, the Comal and San Marcos springs, 6-26 and the general economy and welfare of this state. Before the 6-27 effective date of this Act there was no effective, consistent, or 6-28 comprehensive regulation of the withdrawal and use of underground 6-29 water from the aquifer and the withdrawal and use of that 6-30 underground water will continue to increase unless effective 6-31 management is implemented. The legislature finds that it is 6-32 necessary and appropriate and a benefit to the welfare of this 6-33 state to provide for the recognition and management of rights to 6-34 withdraw underground water from the aquifer through the application 6-35 of management mechanisms appropriate to that unique system. 6-36 (b) The legislature further finds that all of the land and 6-37 other property included within the boundaries of the authority will 6-38 be benefitted by exercise of the powers of the authority and by the 6-39 works and projects that are to be accomplished by the authority 6-40 under powers conferred by Article XVI, Section 59, of the Texas 6-41 Constitution. The authority is created to serve a public use and 6-42 benefit. 6-43 SECTION 1.07. COMPENSATION FOR PROPERTY. The legislature 6-44 intends that just compensation be paid in the event that 6-45 implementation of this article causes a taking of private property 6-46 or results in the impairment of a contract in contravention of the 6-47 Texas or federal constitution. 6-48 SECTION 1.08. GENERAL POWERS. (a) The authority has all of 6-49 the powers, rights, and privileges necessary to manage, conserve, 6-50 preserve, and protect the aquifer and to increase the recharge of, 6-51 and prevent the waste or pollution of water in, the aquifer. The 6-52 authority has all of the rights, powers, privileges, authority, 6-53 functions, and duties provided by the general law of this state, 6-54 including Chapters 50 and 52, Water Code, applicable to an 6-55 authority created under Article XVI, Section 59, of the Texas 6-56 Constitution. This article prevails over any provision of general 6-57 law that is in conflict or inconsistent with this article regarding 6-58 the area of the authority's jurisdiction. 6-59 (b) The authority's powers regarding underground water apply 6-60 only to underground water within or withdrawn from the aquifer. 6-61 (c) The rights, powers, privileges, authority, functions, 6-62 and duties of the authority are subject to the continuing right of 6-63 supervision of the state to be exercised by and through the 6-64 commission. 6-65 SECTION 1.09. BOARD OF DIRECTORS. (a) The authority is 6-66 governed by a board of nine directors. 6-67 (b) A board member must be a resident of or qualified voter 6-68 in a county all or part of which is included within the boundaries 6-69 of the authority. 6-70 (c) The board consists of: 7-1 (1) three residents of Bexar County, with two 7-2 residents appointed by the governing body of the City of San 7-3 Antonio and one resident appointed by the Commissioners Court of 7-4 Bexar County to represent cities and communities in the county 7-5 other than the City of San Antonio; 7-6 (2) one resident of Comal County or the City of New 7-7 Braunfels appointed by the Commissioners Court of Comal County; 7-8 (3) one resident of Hays County appointed by the 7-9 governing body of the City of San Marcos; 7-10 (4) one resident of Medina County appointed by the 7-11 governing body of the Medina Underground Water Conservation 7-12 District; 7-13 (5) one resident of Uvalde County appointed by the 7-14 governing body of the Uvalde Underground Water Conservation 7-15 District; 7-16 (6) one person appointed by the Commissioners Court of 7-17 Bexar County who is an active operator engaged in irrigated 7-18 agriculture to alternate terms with a resident of Atascosa County 7-19 appointed by the governing body of the Evergreen Underground Water 7-20 District, with the person appointed by the Evergreen Underground 7-21 Water Conservation District serving the first term; and 7-22 (7) one person appointed in rotation by the 7-23 Commissioners Court of Guadalupe, Hays, or Comal County, with a 7-24 person appointed by the Commissioners Court of Guadalupe County to 7-25 serve the first term, followed by a person appointed by the 7-26 Commissioners Court of Hays County to serve the second term, 7-27 followed by a person appointed by the Commissioners Court of Comal 7-28 County to serve the third term, and rotating in that order of 7-29 appointment for subsequent terms. 7-30 (d) The Commissioners Court of Bexar County and the 7-31 governing body of the City of San Antonio must make appointments 7-32 under Subsection (c) of this section that accurately reflect the 7-33 ethnic composition of the population of Bexar County. 7-34 (e) The initial directors of the board shall draw lots to 7-35 determine their terms. Four initial directors serve terms that 7-36 expire June 1, 1995. Five initial directors serve terms that 7-37 expire June 1, 1997. Subsequent directors shall be appointed to 7-38 serve staggered four-year terms, the appropriate number of which 7-39 expire June 1 of each odd-numbered year. 7-40 (f) At the initial meeting of the board, the members shall 7-41 select one member to serve as presiding officer. The presiding 7-42 officer serves a term set by rule of the board not to exceed four 7-43 years. 7-44 (g) An act of the board is not valid unless adopted by the 7-45 affirmative vote of a majority of the members of the board. 7-46 (h) Board members receive no compensation for service on the 7-47 board but are entitled to reimbursement for actual and necessary 7-48 expenses incurred in the performance of their duties. 7-49 (i) Board members shall hold office until a successor has 7-50 been selected and approved and has qualified by taking the oath of 7-51 office. 7-52 (j) If a vacancy on the board occurs, the governing body 7-53 that appointed the vacating member shall appoint another person 7-54 having the same qualifications required of the vacating member to 7-55 serve the unexpired portion of the vacating member's term. 7-56 SECTION 1.10. AREA REPRESENTATIVES. (a) The commissioners 7-57 court of each of the following counties shall appoint an area 7-58 representative: 7-59 (1) Atascosa; 7-60 (2) Comal; 7-61 (3) Guadalupe; 7-62 (4) Hays; 7-63 (5) Medina; and 7-64 (6) Uvalde. 7-65 (b) The governing body of the City of San Antonio shall 7-66 appoint an area representative for Bexar County. 7-67 (c) If an underground water conservation district has been 7-68 created in a county: 7-69 (1) the general manager of the district serves as the 7-70 area representative for the county; and 8-1 (2) the commissioners court of the county, or the 8-2 governing body of the City of San Antonio in the case of Bexar 8-3 County, may not appoint a representative for the county. 8-4 (d) An area representative appointed by a commissioners 8-5 court or other governing body under Subsection (a) or (b) of this 8-6 section serves at the pleasure of the court or body that appointed 8-7 the representative. 8-8 (e) An area representative's duties include: 8-9 (1) assisting the authority in developing the 8-10 authority's demand management plan for the county that the 8-11 representative represents; 8-12 (2) assisting the authority to implement the demand 8-13 management plan; and 8-14 (3) performing other duties requested by the board 8-15 that the representative may practicably perform. 8-16 SECTION 1.11. ADVISORY COMMITTEE ON DOWNSTREAM WATER RIGHTS 8-17 AND ISSUES. (a) The Edwards Aquifer Area Advisory Committee shall 8-18 advise the board on downstream water rights and issues. The 8-19 advisory committee consists of members appointed in accordance with 8-20 Subsection (b) of this section and one member appointed by the 8-21 commissioners court of each of the following counties, except that 8-22 Atascosa and Guadalupe counties may not have a representative on 8-23 the advisory committee when the county has a representative member 8-24 on the board: 8-25 (1) Atascosa; 8-26 (2) Caldwell; 8-27 (3) Calhoun; 8-28 (4) DeWitt; 8-29 (5) Goliad; 8-30 (6) Gonzales; 8-31 (7) Guadalupe; 8-32 (8) Karnes; 8-33 (9) Nueces; 8-34 (10) Refugio; 8-35 (11) San Patricio; 8-36 (12) Victoria; and 8-37 (13) Wilson. 8-38 (b) The governing body of each municipality that is in a 8-39 county listed in Subsection (a) of this section and has a 8-40 population of more than 50,000 may also appoint a member to the 8-41 advisory committee. 8-42 (c) A member must be a resident or qualified voter of or 8-43 engaged in business in a county all or part of which is included in 8-44 the member's area of representation. 8-45 (d) The reimbursement of an advisory committee member for 8-46 expenses is on the same terms as the reimbursement of board 8-47 members. An advisory committee member is not entitled to 8-48 compensation. 8-49 (e) An advisory committee member holds office until a 8-50 successor is appointed. 8-51 (f) The authority shall send to each advisory committee 8-52 member all the communications of the authority that are extended to 8-53 board members and may participate in board meetings to represent 8-54 downstream water supply concerns and assist in solutions to those 8-55 concerns. Advisory committee members may not vote on a board 8-56 decision. 8-57 (g) The advisory committee by resolution may request the 8-58 board to reconsider any board action that is considered 8-59 prejudicial to downstream water interests. If the board review 8-60 does not result in a resolution satisfactory to the advisory 8-61 committee, the advisory committee by resolution may request the 8-62 commission to review the action. The commission shall review the 8-63 action and may make a recommendation to the board. 8-64 (h) The advisory committee shall meet to organize and elect 8-65 a presiding officer. 8-66 (i) The presiding officer of the advisory committee shall 8-67 submit a report assessing the effectiveness of the authority to the 8-68 commission and the authority by March 31 of each even-numbered 8-69 year. The report must assess the effect on downstream water rights 8-70 of the management of the aquifer. The authority shall consider the 9-1 report in managing the authority's affairs. 9-2 SECTION 1.12. GENERAL POWERS AND DUTIES OF THE BOARD AND 9-3 AUTHORITY. (a) The board shall adopt rules necessary to carry out 9-4 the authority's powers and duties under this article, including 9-5 rules governing procedures of the board and authority. 9-6 (b) The authority shall ensure compliance with permitting, 9-7 metering, and reporting requirements and shall regulate permits. 9-8 (c) The authority may issue orders to enforce this article 9-9 or its rules. 9-10 (d) The authority may: 9-11 (1) issue or administer grants, loans, or other 9-12 financial assistance to water users for water conservation and 9-13 water reuse; 9-14 (2) enter into contracts; 9-15 (3) sue and be sued in its own name; 9-16 (4) receive gifts, grants, awards, and loans for use 9-17 in carrying out its powers and duties; 9-18 (5) hire an executive director to be the chief 9-19 administrator of the authority and other employees as necessary to 9-20 carry out its powers and duties; 9-21 (6) delegate the power to hire employees to the 9-22 executive director of the authority; 9-23 (7) own real and personal property; 9-24 (8) close abandoned, wasteful, or dangerous wells; 9-25 (9) hold permits under state law or under federal law 9-26 pertaining to the Endangered Species Act of 1973 (16 U.S.C. Section 9-27 1531 et seq.) and its amendments; 9-28 (10) enforce Chapter 32, Water Code, and commission 9-29 rules adopted under that Act within the authority's boundaries; and 9-30 (11) require to be furnished to the authority water 9-31 well drillers' logs that are required by Chapter 32, Water Code, to 9-32 be kept and furnished to the commission. 9-33 (e) The authority may contract with a person who uses water 9-34 from the aquifer for the authority or that person to construct, 9-35 operate, own, finance, and maintain water supply facilities. 9-36 Management fees or special fees may not be used for purchasing or 9-37 operating these facilities. For the purpose of this subsection, 9-38 "water supply facility" includes a dam, reservoir, treatment 9-39 facility, transmission facility, or recharge project. 9-40 (f) The authority has the power of eminent domain. The 9-41 authority may not acquire rights to underground water by the power 9-42 of eminent domain. 9-43 (g) The authority is subject to the open meetings law, 9-44 Chapter 271, Acts of the 60th Legislature, Regular Session, 1967 9-45 (Article 6252-17, Vernon's Texas Civil Statutes), the open records 9-46 law, Chapter 424, Acts of the 63rd Legislature, Regular Session, 9-47 1973 (Article 6252-17a, Vernon's Texas Civil Statutes), and the 9-48 Administrative Procedure and Texas Register Act (Article 6252-13a, 9-49 Vernon's Texas Civil Statutes), and their subsequent amendments. 9-50 SECTION 1.13. SUNSET COMMISSION REVIEW. (a) The board is 9-51 subject to review under the Texas Sunset Act (Chapter 325, 9-52 Government Code) and its subsequent amendments but may not be 9-53 abolished under that Act. The review shall be conducted as if the 9-54 board were scheduled to be abolished September 1, 2005. 9-55 (b) Unless members of the board are continued in office 9-56 after the review, their membership expires September 1, 2005. 9-57 (c) When the membership of the board of directors expires 9-58 under Subsection (b) of this section, a new board of directors 9-59 shall be appointed as provided by this article, with each new 9-60 member serving for the unexpired term of the member's predecessor. 9-61 A member whose membership has expired under Subsection (b) is not 9-62 eligible for reappointment under this subsection. 9-63 SECTION 1.14. WATER QUALITY. The authority has the powers 9-64 provided a local government under Subchapters D and E, Chapter 26, 9-65 Water Code, to prevent pollution and enforce water quality 9-66 standards within the authority's boundaries and in a buffer zone 9-67 that includes all of the area less than 10 miles outside of the 9-68 authority's boundaries. 9-69 SECTION 1.15. WITHDRAWALS. (a) Authorizations to withdraw 9-70 water from the aquifer and all authorizations and rights to make a 10-1 withdrawal under this Act shall be limited in accordance with this 10-2 section to: 10-3 (1) protect the water quality of the aquifer; 10-4 (2) protect the water quality of the surface streams 10-5 to which the aquifer provides springflow; 10-6 (3) achieve water conservation; 10-7 (4) maximize the beneficial use of water available for 10-8 withdrawal from the aquifer; 10-9 (5) protect aquatic and wildlife habitat; 10-10 (6) protect species that are designated as threatened 10-11 or endangered under applicable federal or state law; and 10-12 (7) provide for instream uses, bays, and estuaries. 10-13 (b) Except as provided by Subsections (d), (e), and (g) of 10-14 this section and Section 1.27 of this article, for the period 10-15 ending December 31, 2007, the amount of permitted withdrawals from 10-16 the aquifer may not exceed 450,000 acre-feet of water for each 10-17 calendar year. 10-18 (c) Except as provided by Subsections (d), (e), and (g) of 10-19 this section and Section 1.27 of this article, for the period 10-20 beginning January 1, 2008, the amount of permitted withdrawals from 10-21 the aquifer may not exceed 400,000 acre-feet of water for each 10-22 calendar year. 10-23 (d) If, through studies and, if necessary, implementation of 10-24 water management strategies, including springflow augmentation, 10-25 diversions downstream of the springs, supplemental recharge, and 10-26 conjunctive management of surface and subsurface water, the 10-27 authority determines that additional supplies are available from 10-28 the aquifer or that the available supply is reduced, the authority, 10-29 in consultation with appropriate state and federal agencies, may 10-30 review and may increase or decrease the maximum amount of permitted 10-31 withdrawals provided by this section and set a different maximum 10-32 amount of permitted withdrawals. 10-33 (e) If the level of the aquifer is equal to or greater than 10-34 665 feet above mean sea level as measured at Well J-17, the 10-35 authority may authorize withdrawal from the San Antonio pool, on an 10-36 interruptible basis, of additional amounts above the withdrawal 10-37 limitations imposed in accordance with this section. If the 10-38 level of the aquifer is equal to or greater than 865 feet at Well 10-39 J-27, the authority may authorize withdrawal from the Uvalde pool, 10-40 on an interruptible basis, of additional amounts above the 10-41 withdrawal limits imposed in accordance with this section. The 10-42 authority shall limit the additional withdrawals to ensure that 10-43 springflows are not affected during critical drought conditions. 10-44 (f) The authority by rule may define other pools within the 10-45 aquifer, in accordance with hydrogeologic research, and may 10-46 establish index wells for any pool to monitor the level of the 10-47 aquifer to aid the regulation of withdrawals from the pools. 10-48 (g) To accomplish the purposes of this article, by June 1, 10-49 1994, the authority, through a program, shall implement and enforce 10-50 water management practices, procedures, and methods to ensure that, 10-51 not later than December 31, 2012, the continuous minimum spring 10-52 flows of the Comal Springs and the San Marcos Springs are 10-53 maintained to protect endangered and threatened species to the 10-54 extent required by federal law. The authority from time to time as 10-55 appropriate may revise the practices, procedures, and methods. To 10-56 meet this requirement, the authority shall require: 10-57 (1) phased reductions in the amount of water that may 10-58 be used or withdrawn by existing users or categories of other 10-59 users; or 10-60 (2) implementation of alternative management 10-61 practices, procedures, and methods. 10-62 SECTION 1.16. PERMIT REQUIRED. (a) The authority shall 10-63 manage withdrawals from the aquifer and shall manage all withdrawal 10-64 points from the aquifer as provided by this Act. 10-65 (b) Except as provided by Sections 1.18 and 1.34 of this 10-66 article, a person may not withdraw water from the aquifer or begin 10-67 construction of a well or other works designed for the withdrawal 10-68 of water from the aquifer without obtaining a permit from the 10-69 authority. 10-70 (c) The authority may issue regular permits, term permits, 11-1 and emergency permits. 11-2 (d) Each permit must specify the maximum rate and total 11-3 volume of water that the water user may withdraw in a calendar 11-4 year. 11-5 SECTION 1.17. DECLARATIONS OF HISTORICAL USE; INITIAL 11-6 REGULAR PERMITS. (a) An existing user may apply for an initial 11-7 regular permit by filing a declaration of historical use of 11-8 underground water withdrawn from the aquifer during the historical 11-9 period from June 1, 1982, through May 31, 1993. 11-10 (b) An existing user's declaration of historical use must be 11-11 filed on or before March 1, 1994, on a form prescribed by the 11-12 board. An applicant for a permit must timely pay all application 11-13 fees required by the board. An owner of a well used for irrigation 11-14 must include additional documentation of the number of acres 11-15 irrigated during the historical period provided by Subsection (a) 11-16 of this section. 11-17 (c) An owner of a well from which the water will be used 11-18 exclusively for domestic use or watering livestock and that is 11-19 exempt under Section 1.34 of this article is not required to file a 11-20 declaration of historical use. 11-21 (d) The board shall grant an initial regular permit to an 11-22 existing user who: 11-23 (1) files a declaration and pays fees as required by 11-24 this section; and 11-25 (2) establishes by convincing evidence beneficial use 11-26 of underground water from the aquifer. 11-27 (e) To the extent water is available for permitting, the 11-28 board shall issue the existing user a permit for withdrawal of an 11-29 amount of water equal to the user's maximum beneficial use of water 11-30 without waste during any one calendar year of the historical 11-31 period. If the total amount of water determined to have been 11-32 beneficially used without waste under this subsection exceeds the 11-33 amount of water available for permitting, the authority shall 11-34 adjust the amount of water authorized for withdrawal under the 11-35 permits proportionately to meet the amount available for 11-36 permitting. To the extent water is available for permitting: 11-37 (1) an existing irrigation user shall receive a permit 11-38 for not less than two acre-feet a year for each acre of land the 11-39 user irrigated in any one year during the historical period; and 11-40 (2) an existing user who has operated a well for three 11-41 or more years during the historical period shall receive a permit 11-42 for at least the average amount of water withdrawn annually during 11-43 the historical period. 11-44 (f) The board by rule shall consider the equitable treatment 11-45 of a person whose historic use has been affected by a requirement 11-46 of or participation in a federal program. 11-47 (g) The authority shall issue an initial regular permit 11-48 without a term, and an initial regular permit remains in effect 11-49 until the permit is abandoned, cancelled, or retired. 11-50 (h) The board shall notify each permit holder that the 11-51 permit is subject to limitations as provided by this article. 11-52 SECTION 1.18. INTERIM AUTHORIZATION. (a) A person who, on 11-53 the effective date of this article, owns a producing well that 11-54 withdraws water from the aquifer may continue to withdraw and 11-55 beneficially use water without waste until final action on permits 11-56 by the authority, if: 11-57 (1) the well is in compliance with all statutes and 11-58 rules relating to well construction, approval, location, spacing, 11-59 and operation; and 11-60 (2) by March 1, 1994, the person files a declaration 11-61 of historical use on a form as required by the authority. 11-62 (b) Use under interim authorization may not exceed on an 11-63 annual basis the historical, maximum, beneficial use of water 11-64 without waste during any one calendar year as evidenced by the 11-65 person's declaration of historical use, unless that amount is 11-66 otherwise determined by the authority. 11-67 (c) Use under this section is subject to the authority's 11-68 comprehensive management plan and rules adopted by the authority. 11-69 (d) Interim authorization for a well under this section ends 11-70 on: 12-1 (1) entry of a final and appealable order by the 12-2 authority acting on the application for the well; or 12-3 (2) March 1, 1994, if the well owner has not filed a 12-4 declaration of historical use. 12-5 SECTION 1.19. ADDITIONAL REGULAR PERMITS. (a) To the 12-6 extent water is available for permitting after the issuance of 12-7 permits to existing users, the authority may issue additional 12-8 regular permits, subject to limits on the total amount of permitted 12-9 withdrawals determined under Section 1.15 of this article. 12-10 (b) The authority may not consider or take action on an 12-11 application relating to a proposed or existing well of which there 12-12 is no evidence of actual beneficial use before June 1, 1993, until 12-13 a final determination has been made on all initial regular permit 12-14 applications submitted on or before the initial application date of 12-15 March 1, 1994. 12-16 SECTION 1.20. TERM PERMITS. (a) The authority may issue 12-17 term permits for withdrawal for any period the authority considers 12-18 feasible, but may not issue a term permit for a period of more than 12-19 10 years. 12-20 (b) A holder of a term permit may not withdraw water from 12-21 the San Antonio pool of the aquifer unless the level of the aquifer 12-22 is higher than 665 feet above sea level, as measured at Well J-17. 12-23 (c) A holder of a term permit may not withdraw water from 12-24 the Uvalde pool of the aquifer unless the level of the aquifer is 12-25 higher than 865 feet above sea level, as measured at Well J-27. 12-26 SECTION 1.21. EMERGENCY PERMITS. (a) Emergency permits may 12-27 be issued only to prevent the loss of life or to prevent severe, 12-28 imminent threats to the public health or safety. 12-29 (b) The term of an emergency permit may not exceed 30 days, 12-30 unless renewed. 12-31 (c) The board may renew an emergency permit. 12-32 (d) The holder of an emergency permit may withdraw water 12-33 from the aquifer without regard to its effect on other permit 12-34 holders. 12-35 SECTION 1.22. PERMIT RETIREMENT. (a) The authority shall 12-36 prepare and implement a plan for reducing, by January 1, 2008, the 12-37 maximum annual volume of water authorized to be withdrawn from the 12-38 aquifer under regular permits to 400,000 acre-feet a year or the 12-39 adjusted amount determined under Subsection (d) of Section 1.15 of 12-40 this article. 12-41 (b) The plan must be enforceable and must include water 12-42 conservation and reuse measures, measures to retire water rights, 12-43 and other water management measures designed to achieve the 12-44 reduction levels or appropriate management of the resource. 12-45 (c) If, on or after January 1, 2008, the overall volume of 12-46 water authorized to be withdrawn from the aquifer under regular 12-47 permits is greater than 400,000 acre-feet a year or greater than 12-48 the adjusted amount determined under Subsection (d) of Section 1.15 12-49 of this article, the maximum authorized withdrawal of each regular 12-50 permit shall be immediately reduced by an equal percentage as is 12-51 necessary to reduce overall maximum demand to 400,000 acre-feet a 12-52 year or the adjusted amount, as appropriate. The amount reduced 12-53 may be restored, in whole or in part, as other appropriate measures 12-54 are implemented that maintain overall demand at or below the 12-55 appropriate amount. 12-56 SECTION 1.23. ACQUISITION OF RIGHTS. (a) The authority may 12-57 acquire permitted rights to use water from the aquifer for the 12-58 purposes of: 12-59 (1) holding those rights in trust for sale or transfer 12-60 of the water or the rights to persons within the authority's 12-61 jurisdiction who may use water from the aquifer; 12-62 (2) holding those rights in trust as a means of 12-63 managing overall demand on the aquifer; 12-64 (3) holding those rights for resale or retirement as a 12-65 means of complying with pumping reduction requirements under this 12-66 article; or 12-67 (4) retiring those rights, including those rights 12-68 already permitted. 12-69 (b) The authority may acquire and hold permits or rights to 12-70 appropriate surface water or groundwater from sources inside or 13-1 outside of the authority's boundaries. 13-2 (c) Notwithstanding any other provisions of law, the 13-3 authority's acquisition of permitted rights to use water from the 13-4 aquifer is eligible for financial assistance from: 13-5 (1) the water supply account of the Texas Water 13-6 Development Fund under Subchapter D, Chapter 17, Water Code; 13-7 (2) the water loan assistance fund under Subchapter C, 13-8 Chapter 15, Water Code; and 13-9 (3) the revenue bond program under Subchapter I, 13-10 Chapter 17, Water Code. 13-11 SECTION 1.24. CONSERVATION AND REUSE PLANS. (a) The 13-12 authority shall require holders of regular permits and holders of 13-13 term permits to submit water conservation plans and, if 13-14 appropriate, reuse plans for review and approval by the authority. 13-15 The board by rule shall require a plan to be implemented after a 13-16 reasonable time after a plan's approval. 13-17 (b) The board shall assist users in developing conservation 13-18 or reuse plans. 13-19 (c) The authority biennially shall prepare and update 13-20 enforceable and effective conservation and reuse plans as required 13-21 by this article. Not later than January 1 of each odd-numbered 13-22 year the authority shall submit the plan to the legislature. 13-23 SECTION 1.25. LOANS AND GRANTS. (a) Notwithstanding any 13-24 other provision of law, the authority is eligible as a lender 13-25 district to receive loans from the Texas Water Development Board 13-26 under the agricultural water conservation bond program under 13-27 Subchapter J, Chapter 17, Water Code. 13-28 (b) The authority may apply for, request, solicit, contract 13-29 for, receive, and accept gifts, grants, and other assistance from 13-30 any source for the purposes of this article. 13-31 (c) The authority may issue grants or make loans to finance 13-32 the purchase or installation of equipment or facilities. If the 13-33 authority issues a grant for a water conservation, reuse, or water 13-34 management project, the authority may require the beneficiary to 13-35 transfer to the authority permitted rights to aquifer water equal 13-36 to a portion of the water conserved or made available by the 13-37 project. 13-38 SECTION 1.26. COMPREHENSIVE MANAGEMENT PLAN. 13-39 (a) Consistent with Section 1.15 of this article, the authority 13-40 shall develop, by September 1, 1995, and implement a comprehensive 13-41 water management plan that includes conservation, future supply, 13-42 and demand management plans. The authority may not delegate the 13-43 development of the plan under Section 1.43 of this article. 13-44 (b) The authority, in conjunction with the Texas Water 13-45 Development Board and underground water conservation districts 13-46 within the authority's boundaries, shall develop a 20-year plan for 13-47 providing alternative supplies of water to the region, with 13-48 five-year goals and objectives, to be implemented by the authority 13-49 and reviewed annually by the appropriate federal agencies. The 13-50 authority, Texas Water Development Board, and districts, in 13-51 developing the plan, shall: 13-52 (1) make a thorough investigation of all alternative 13-53 technologies; 13-54 (2) provide for financial assistance for alternative 13-55 supplies through the Texas Water Development Board; and 13-56 (3) perform a cost-benefit analysis and an 13-57 environmental analysis. 13-58 SECTION 1.27. DEMAND MANAGEMENT PLAN. The authority shall 13-59 prepare and, after commission review, implement plans that provide 13-60 for demand management. The demand mechanisms must: 13-61 (1) distinguish between discretionary use and 13-62 nondiscretionary use for each permittee; 13-63 (2) require reductions, to the maximum extent 13-64 feasible, of all discretionary use; and 13-65 (3) require reduction of nondiscretionary use, to the 13-66 extent further reductions are necessary, in the reverse order of 13-67 the following water use preferences: 13-68 (A) domestic and municipal; 13-69 (B) industrial and irrigation; 13-70 (C) recreational and pleasure; and 14-1 (D) other uses that are authorized by law. 14-2 SECTION 1.28. RESEARCH. (a) The authority shall complete 14-3 research on the technological feasibility of springflow enhancement 14-4 and yield enhancement that, immediately before September 1, 1993, 14-5 is being conducted by the Edwards Underground Water District. 14-6 (b) The authority may conduct research to help: 14-7 (1) manage water resources, including water 14-8 conservation, water use and reuse, and drought management measures; 14-9 (2) enhance the recharge of and augment the flow into 14-10 and out of the aquifer; 14-11 (3) develop alternative supplies of water for users; 14-12 and 14-13 (4) monitor and protect water quality. 14-14 (c) The authority may contract with other persons to conduct 14-15 research. 14-16 SECTION 1.29. TAX; BONDS. (a) The authority may not levy a 14-17 property tax. 14-18 (b) The authority may issue revenue bonds to finance the 14-19 purchase of land or the purchase, construction, or installation of 14-20 facilities or equipment for: 14-21 (1) water conservation, water reuse, or other water 14-22 management measures by water users; or 14-23 (2) development, storage, pumping, treatment, 14-24 transportation, or wholesale distribution of groundwater or surface 14-25 water for use within the authority from sources within or outside 14-26 the boundaries of the authority, except that the authority may not 14-27 construct, acquire, or own facilities for transporting groundwater 14-28 out of Uvalde County or Medina County. 14-29 (c) Revenue bond proceeds may be used: 14-30 (1) for springflow augmentation or alternative water 14-31 supplies; 14-32 (2) to finance the retirement of water rights; and 14-33 (3) for financial assistance for research or 14-34 conservation under this article. 14-35 (d) Revenue bond proceeds may not be used for maintenance or 14-36 operating expenses. 14-37 (e) Bonds issued by the authority are subject to review and 14-38 approval of the attorney general and the commission. If the 14-39 attorney general finds that the bonds have been authorized in 14-40 accordance with the law, the attorney general shall approve them, 14-41 and the comptroller of public accounts shall register the bonds. 14-42 Following approval and registration, the bonds are incontestable 14-43 and are binding obligations according to their terms. 14-44 (f) The board may organize proceeds of the bonds into funds 14-45 and accounts and may invest the proceeds as the board determines is 14-46 appropriate. 14-47 SECTION 1.30. FEES. (a) The cost of reducing withdrawals 14-48 or permit retirements must be borne: 14-49 (1) solely by users of the aquifer for reducing 14-50 withdrawals from the level on the effective date of this article to 14-51 450,000 acre-feet a year, or the adjusted amount determined under 14-52 Subsection (d) of Section 1.15 of this article for the period 14-53 ending December 31, 2007; and 14-54 (2) equally by aquifer users and downstream water 14-55 rights holders for permit retirements from 450,000 acre-feet a 14-56 year, or the adjusted amount determined under Subsection (d) of 14-57 Section 1.15 of this article for the period ending December 31, 14-58 2007, to 400,000 acre-feet a year, or the adjusted amount 14-59 determined under Subsection (d) of Section 1.15 of this article, 14-60 for the period beginning January 1, 2008. 14-61 (b) The authority shall assess equitable aquifer management 14-62 fees based on permitted aquifer rights to finance its 14-63 administrative expenses and programs authorized under this article. 14-64 (c) The authority shall also assess an equitable special fee 14-65 based on permitted aquifer water rights to be used only to finance 14-66 the retirement of rights necessary to meet the goals provided by 14-67 Section 1.22 of this article. The authority shall set the 14-68 equitable special fees on permitted aquifer users at a level 14-69 sufficient to match the funds raised from the assessment of 14-70 equitable special fees on downstream water rights holders. 15-1 (d) The commission shall assess equitable special fees on 15-2 all downstream water rights holders in the Guadalupe River Basin to 15-3 be used solely to finance the retirement of aquifer rights 15-4 necessary to meet the goals provided by Section 1.22 of this 15-5 article. Fees assessed under this subsection may not exceed 15-6 one-half of the cost of permit retirements from 450,000 acre-feet a 15-7 year, or the adjusted amount determined under Subsection (d) of 15-8 Section 1.15 of this article, for the period ending December 31, 15-9 2007, to 400,000 acre-feet a year, or the adjusted amount 15-10 determined under Subsection (d) of Section 1.15 of this article, 15-11 for the period beginning January 1, 2008. The authority shall 15-12 report to the commission the estimated costs of the retirements. 15-13 The amount of fees assessed under this subsection shall be 15-14 determined in accordance with rules adopted by the commission for 15-15 fees under the South Texas watermaster program. A downstream water 15-16 rights holder shall pay fees assessed under this subsection to the 15-17 authority. A fee may not be assessed by the commission under this 15-18 subsection on contractual deliveries of water stored in Canyon Lake 15-19 that may be diverted downstream of the San Marcos Springs or Canyon 15-20 Dam. A person or entity making a contractual sale of water stored 15-21 upstream of Canyon Dam may not establish a systemwide rate that 15-22 requires purchasers of upstream-stored water to pay the special fee 15-23 assessed under this subsection. The commission may not assess a 15-24 fee under this subsection on hydroelectric use of water by the 15-25 following dams: 15-26 (1) City of Gonzales Dam; 15-27 (2) City of Seguin Dam; 15-28 (3) New Braunfels Utilities Dam; 15-29 (4) Dam No. TP-1; 15-30 (5) Dam No. TP-3; 15-31 (6) Dam No. TP-4; 15-32 (7) Dam No. TP-5; 15-33 (8) Dam No. H-4; or 15-34 (9) Dam No. H-5. 15-35 (e) In developing an equitable fee structure under this 15-36 section, the authority may establish different fee rates on a per 15-37 acre-foot basis for different types of use. The fees must be 15-38 equitable between types of uses. The fee rate for agricultural use 15-39 may not be more than 20 percent of the fee rate for municipal use. 15-40 The authority shall assess the fees on the amount of water a permit 15-41 holder is authorized to withdraw under the permit. 15-42 (f) The authority shall impose a permit application fee not 15-43 to exceed $25. 15-44 (g) The authority may assess a surcharge fee to be imposed 15-45 on a permittee's withdrawal of water in excess of permitted 15-46 amounts. 15-47 (h) The authority may impose a registration application fee 15-48 not to exceed $10. 15-49 (i) Special fees collected under Subsection (c) or (d) of 15-50 this section may not be used to finance a surface water supply 15-51 reservoir project. 15-52 SECTION 1.31. RIVER DIVERSIONS. (a) The commission may 15-53 issue to an applicant a special permit to divert water from the 15-54 Guadalupe River from a diversion point on the river downstream of 15-55 the point where the river emerges as a spring. 15-56 (b) A permit issued to a person under this section must 15-57 condition the diversion of water from the Guadalupe River on a 15-58 limitation of withdrawals under the person's permit to withdraw 15-59 water from the aquifer. 15-60 (c) A permit issued under this section must provide that the 15-61 permit holder may divert water from the Guadalupe River only if: 15-62 (1) the diversion is made instead of a withdrawal from 15-63 the aquifer to enhance the yield of the aquifer; and 15-64 (2) the diversion does not impair senior water rights 15-65 or vested riparian rights. 15-66 (d) A permit issued in accordance with this section is 15-67 subordinate to permitted water rights for which applications were 15-68 submitted before May 31, 1993, and vested riparian rights. 15-69 (e) Sections 11.028 and 11.033, Water Code, do not apply to 15-70 a permit issued under this section. 16-1 SECTION 1.32. MEASURING DEVICES. (a) The owner of a 16-2 nonexempt well that withdraws water from the aquifer shall install 16-3 and maintain a measuring device approved by the authority designed 16-4 to indicate the flow rate and cumulative amount of water withdrawn 16-5 by that well. This requirement may be waived by the authority on 16-6 written request by a well owner to use an alternative method of 16-7 determining the amount of water withdrawn. 16-8 (b) The authority is responsible for the costs of installing 16-9 and maintaining measuring devices, if required, for an irrigation 16-10 well in existence on the effective date of this article. 16-11 SECTION 1.33. REPORTS. Not later than March 1 of each year, 16-12 and on a form prescribed by the authority, each holder of a permit 16-13 shall file with the authority a written report of water use for the 16-14 preceding calendar year. 16-15 SECTION 1.34. WELL PERMIT EXEMPTION. (a) A well that 16-16 produces 25,000 gallons of water a day or less for domestic use or 16-17 for the open-range watering of livestock connected with farming, 16-18 ranching, or dairy enterprises is exempt from permitting 16-19 requirements. 16-20 (b) Exempt wells must register with the authority or with an 16-21 underground water conservation district in which the well is 16-22 located. 16-23 (c) A well within or serving a subdivision requiring 16-24 platting does not qualify for an exempt use. 16-25 (d) Except as provided by Subsection (b) of this section, 16-26 land sold within the authority's boundaries retains the 16-27 authorization to withdraw water in accordance with permits obtained 16-28 under this article. 16-29 SECTION 1.35. TRANSFER OF RIGHTS. (a) Water withdrawn from 16-30 the aquifer must be used within the boundaries of the authority. 16-31 (b) A permit holder may sell permitted water rights only to 16-32 the authority, but a holder of a permit for irrigation use may not 16-33 sell more than 50 percent of the irrigation rights initially 16-34 permitted. The user's remaining irrigation water rights must be 16-35 used in accordance with the original permit and must pass with 16-36 transfer of the irrigated land, except as provided by rules of the 16-37 board. 16-38 (c) The authority may purchase permitted water rights and: 16-39 (1) sell those rights to other permit holders; 16-40 (2) sell water withdrawn under those rights to other 16-41 permit holders; 16-42 (3) hold the water in trust for future beneficial use 16-43 within the authority's boundaries; or 16-44 (4) retire those rights. 16-45 SECTION 1.36. PROHIBITIONS. (a) A person may not withdraw 16-46 water from the aquifer except as authorized by a permit issued by 16-47 the authority or by this article. 16-48 (b) A person holding a permit issued by the authority may 16-49 not violate the terms or conditions of the permit. 16-50 (c) A person may not waste water withdrawn from the aquifer. 16-51 (d) A person may not pollute or contribute to the pollution 16-52 of the aquifer. 16-53 (e) A person may not violate this article or a rule of the 16-54 authority adopted under this article. 16-55 SECTION 1.37. ENFORCEMENT. (a) The authority may enter 16-56 orders to enforce the terms and conditions of permits, orders, or 16-57 rules issued or adopted under this article. 16-58 (b) The authority by rule shall provide for the suspension 16-59 of a permit of any class for a failure to pay a required fee or a 16-60 violation of a permit condition or order of the authority or a rule 16-61 adopted by the authority. 16-62 SECTION 1.38. ADMINISTRATIVE PENALTY. (a) The authority 16-63 may assess an administrative penalty against a person who violates 16-64 this article or a rule adopted or permit or order issued under this 16-65 article in an amount of not less than $100 or more than $1,000 for 16-66 each violation and for each day of a continuing violation. 16-67 (b) In determining the amount of the penalty, the authority 16-68 shall consider: 16-69 (1) the history of previous violations; 16-70 (2) the amount necessary to deter future violations; 17-1 (3) efforts to correct the violation; 17-2 (4) enforcement costs relating to the violation; and 17-3 (5) any other matters that justice may require. 17-4 (c) If after an examination of the facts the authority 17-5 concludes that the person did commit a violation, the authority may 17-6 issue a preliminary report stating the facts on which it based its 17-7 conclusion, recommending that an administrative penalty under this 17-8 section be imposed, and recommending the amount of the proposed 17-9 penalty. 17-10 (d) The authority shall give written notice of the report to 17-11 the person charged with committing the violation. The notice must 17-12 include a brief summary of the facts, a statement of the amount of 17-13 the recommended penalty, and a statement of the person's right to 17-14 an informal review of the occurrence of the violation, the amount 17-15 of the penalty, or both. 17-16 (e) Not later than the 10th day after the date on which the 17-17 person charged with committing the violation receives the notice, 17-18 the person may either give the authority written consent to the 17-19 report, including the recommended penalty, or make a written 17-20 request for an informal review by the authority. 17-21 (f) If the person charged with committing the violation 17-22 consents to the penalty recommended by the authority or fails to 17-23 timely request an informal review, the authority shall assess the 17-24 penalty. The authority shall give the person written notice of its 17-25 action. The person shall pay the penalty not later than the 30th 17-26 day after the date on which the person receives the notice. 17-27 (g) If the person charged with committing a violation 17-28 requests an informal review as provided by Subsection (e) of this 17-29 section, the authority shall conduct the review. The authority 17-30 shall give the person written notice of the results of the review. 17-31 (h) Not later than the 10th day after the date on which the 17-32 person charged with committing the violation receives the notice 17-33 prescribed by Subsection (g) of this section, the person may make 17-34 to the authority a written request for a hearing. 17-35 (i) If, after informal review, a person who has been ordered 17-36 to pay a penalty fails to request a formal hearing in a timely 17-37 manner, the authority shall assess the penalty. The authority 17-38 shall give the person written notice of its action. The person 17-39 shall pay the penalty not later than the 30th day after the date on 17-40 which the person receives the notice. 17-41 (j) Except as provided by Subsection (k) of this section, 17-42 not later than the 30th day after the date on which the authority 17-43 issues a final decision after a hearing under Subsection (h) of 17-44 this section, a person who has been ordered to pay a penalty under 17-45 this section shall pay the penalty in full. 17-46 (k) If the person seeks judicial review of either the fact 17-47 of the occurrence of the violation or the amount of the penalty, or 17-48 of both, the person shall send the amount of the penalty to the 17-49 authority for placement in an escrow account or post with the 17-50 authority a supersedeas bond in a form approved by the authority 17-51 for the amount of the penalty. The bond must be effective until 17-52 all judicial review of the order or decision is final. 17-53 (l) Failure to forward the money to or to post the bond with 17-54 the authority within the period provided by Subsection (j) or (k) 17-55 of this section results in a waiver of all legal rights to judicial 17-56 review. If the person charged fails to forward the money or post 17-57 the bond within the period provided by Subsection (f), (i), (j), or 17-58 (k) of this section, the authority may forward the matter to the 17-59 attorney general for enforcement of the penalty and interest as 17-60 provided by law for legal judgments. An action to enforce a 17-61 penalty order under this section must be initiated in a court of 17-62 competent jurisdiction in Travis County or in the county in which 17-63 the violation occurred. The authority or the attorney general may 17-64 recover attorney fees in a suit filed under this subsection. 17-65 (m) Judicial review of an authority order or review under 17-66 this section assessing a penalty is under the substantial evidence 17-67 rule. A suit may be initiated by filing a petition with a district 17-68 court in Travis County. 17-69 (n) If a penalty is reduced or not assessed, the authority 17-70 shall remit to the person the appropriate amount plus accrued 18-1 interest if the penalty has been paid or shall execute a release of 18-2 the bond if a supersedeas bond has been posted. The accrued 18-3 interest on amounts remitted by the authority under this subsection 18-4 shall be paid at a rate equal to the rate provided by law for legal 18-5 judgments and shall be paid for the period beginning on the date 18-6 the penalty is paid to the authority under this section and ending 18-7 on the date the penalty is remitted. 18-8 (o) A penalty collected under this section shall be paid to 18-9 the authority. 18-10 SECTION 1.39. INJUNCTION BY AUTHORITY. The authority may 18-11 file a civil suit in a state district court for an injunction to 18-12 enforce this article or a rule adopted or permit or order issued 18-13 under this article. If the court determines that a person has 18-14 violated or threatens to violate this article or a rule adopted or 18-15 permit or order issued under this article, the court may enter an 18-16 injunction to enforce this article or the permit, order, or rule. 18-17 The authority may recover reasonable attorney fees in a suit under 18-18 this section. 18-19 SECTION 1.40. SUIT FOR MANDAMUS. The commission may file a 18-20 civil suit for an order of mandamus against the authority to compel 18-21 the authority to perform its duties under this article or to compel 18-22 the authority to enforce this article against a violator. The 18-23 commission may recover attorney fees from the authority in a suit 18-24 under this section. 18-25 SECTION 1.41. CIVIL PENALTY. (a) The commission or 18-26 authority may file a civil action in state district court for a 18-27 civil penalty for a violation of this article or a rule adopted or 18-28 permit or order issued under this article. 18-29 (b) The commission or authority may recover a civil penalty 18-30 of not less than $100 or more than $10,000 for each violation and 18-31 for each day of violation and attorney fees. 18-32 (c) A civil penalty or attorney fees collected by the 18-33 authority under this section shall be paid to the authority. 18-34 (d) A civil penalty or attorney fees collected by the 18-35 commission under this section shall be deposited to the credit of 18-36 the general revenue fund. 18-37 SECTION 1.42. REPEALER; TRANSFERS; RULES. (a) Chapter 99, 18-38 Acts of the 56th Legislature, Regular Session, 1959 (Article 18-39 8280-219, Vernon's Texas Civil Statutes), is repealed, and the 18-40 Edwards Underground Water District is abolished. 18-41 (b) All files and records of the Edwards Underground Water 18-42 District pertaining to control, management, and operation of the 18-43 district are transferred from the Edwards Underground Water 18-44 District to the authority on the effective date of this article. 18-45 (c) All real and personal property, leases, rights, 18-46 contracts, staff, and obligations of the Edwards Underground Water 18-47 District are transferred to the authority on the effective date of 18-48 this article. 18-49 (d) On September 1, 1993, all unobligated and unexpended 18-50 funds of the Edwards Underground Water District shall be 18-51 transferred to the authority. 18-52 (e) A rule adopted by the Edwards Underground Water District 18-53 before the effective date of this article that relates to 18-54 management or control of the aquifer is, on the effective date of 18-55 this article, a rule of the authority and remains in effect until 18-56 amended or repealed by the authority. 18-57 (f) The authority shall be automatically substituted for the 18-58 Edwards Underground Water District in any judicial or 18-59 administrative proceeding to which, on the effective date of this 18-60 article, the Edwards Underground Water District is a party. 18-61 SECTION 1.43. EFFECT ON OTHER DISTRICTS. (a) An 18-62 underground water conservation district other than the authority 18-63 may manage and control water that is a part of the aquifer after 18-64 the effective date of this article only as provided in this 18-65 section. This article does not affect a water reclamation or 18-66 conservation district that manages and controls only water from a 18-67 resource other than the aquifer. 18-68 (b) An underground water conservation district other than 18-69 the authority may manage and control water that is a part of the 18-70 aquifer to the extent that those management activities do not 19-1 conflict with and are not duplicative of this article or the rules 19-2 and orders of the authority. 19-3 (c) Except as otherwise provided by this article, the board 19-4 may delegate the powers and duties granted to it under this 19-5 article. The board shall delegate all or part of its powers or 19-6 duties to an underground water conservation district on the 19-7 district's request if the district demonstrates to the satisfaction 19-8 of the board that: 19-9 (1) the district has statutory powers necessary for 19-10 full enforcement of the rules and orders to be delegated; 19-11 (2) the district has implemented all rules and 19-12 policies necessary to fully implement the programs to be delegated; 19-13 and 19-14 (3) the district has implemented a system designed to 19-15 provide the authority with adequate information with which to 19-16 monitor the adequacy of the district's performance in enforcing 19-17 board rules and orders. 19-18 (d) In making the determination under Subsection (c) of this 19-19 section, the board may consider the district's past performance and 19-20 experience in enforcing powers and duties delegated to it by the 19-21 board. The board may deny a request for delegation of powers or 19-22 duties by a district if the district has previously had a 19-23 delegation terminated under Subsection (e) of this section. 19-24 (e) If the authority determines that a district has failed 19-25 adequately to enforce or implement any rules or orders delegated 19-26 under this section, the authority immediately shall provide to the 19-27 district notice that sets forth the reasons for its determination 19-28 and the actions that the district must take to retain the delegated 19-29 authority. Not later than the 10th day after the date the notice 19-30 is given, the district must demonstrate its commitment and ability 19-31 to take the actions set forth in the notice. If, at the end of the 19-32 10-day period, the authority does not find that the district will 19-33 adequately enforce its rules and orders, the authority immediately 19-34 shall resume full responsibility for implementation and enforcement 19-35 of those rules and orders. The authority shall provide to the 19-36 district notice that the delegation of authority to it has been 19-37 terminated. After the termination notice is given, the authority 19-38 of the district to manage or control water in the aquifer is 19-39 limited to the authority granted by Subsection (b) of this section. 19-40 SECTION 1.44. CREATION OF UNDERGROUND WATER CONSERVATION 19-41 DISTRICT. An underground water conservation district may be 19-42 created in any county affected by this article as provided by 19-43 Subchapter B, Chapter 52, Water Code. 19-44 ARTICLE 2 19-45 SECTION 2.01. DEFINITION. In this article, "district" means 19-46 the Uvalde County Underground Water Conservation District. 19-47 SECTION 2.02. VALIDATION. The creation of the district and 19-48 all resolutions, orders, and other acts or attempted acts of the 19-49 board of directors of the district are validated in all respects. 19-50 The creation of the district and all resolutions, orders, and other 19-51 acts or attempted acts of the board of directors of the district 19-52 are valid as though they originally had been legally authorized or 19-53 accomplished. 19-54 SECTION 2.03. BOUNDARIES. Pursuant to the petition to the 19-55 Commissioners Court of Uvalde County, Texas, requesting the 19-56 creation of the district, the district includes the territory 19-57 contained within the boundaries of Uvalde County. 19-58 SECTION 2.04. FINDING OF BENEFIT. All the land and other 19-59 property included within the boundaries of the district will be 19-60 benefitted by the validation of the district. 19-61 SECTION 2.05. POWERS. (a) The district has all of the 19-62 rights, powers, privileges, authority, functions, and duties 19-63 provided by the general law of the state, including Chapters 50 and 19-64 52, Water Code, applicable to underground water conservation 19-65 districts created under Article XVI, Section 59, of the Texas 19-66 Constitution. This article prevails over any provision of general 19-67 law that is in conflict or inconsistent with this article. 19-68 (b) The district may develop and implement a drought 19-69 response plan, with reasonable rules, using water levels as 19-70 observed in the Uvalde Index Well YP-69-50-302. 20-1 (c) The rights, powers, privileges, authority, functions, 20-2 and duties of the district are subject to the continuing right of 20-3 supervision of the state to be exercised by and through the Texas 20-4 Water Commission. 20-5 SECTION 2.06. LEVY OF TAXES. The levy and collection of 20-6 taxes by the district is governed by Subchapter H, Chapter 52, 20-7 Water Code, except that the district may not levy a maintenance and 20-8 operating tax at a rate that exceeds two cents per $100 assessed 20-9 valuation unless an election held in the district authorizes a 20-10 higher rate. 20-11 SECTION 2.07. PENDING LITIGATION. This article does not 20-12 apply to or affect litigation pending on the effective date of this 20-13 article in any court of competent jurisdiction in this state to 20-14 which the district is a party. 20-15 ARTICLE 3 20-16 SECTION 3.01. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. 20-17 (a) The proper and legal notice of the intention to introduce this 20-18 Act, setting forth the general substance of this Act, has been 20-19 published as provided by law, and the notice and a copy of this Act 20-20 have been furnished to all persons, agencies, officials, or 20-21 entities to which they are required to be furnished by the 20-22 constitution and other laws of this state, including the governor, 20-23 who has submitted the notice and Act to the Texas Water Commission. 20-24 (b) The Texas Water Commission has filed its recommendations 20-25 relating to this Act with the governor, lieutenant governor, and 20-26 speaker of the house of representatives within the required time. 20-27 (c) All requirements of the constitution and laws of this 20-28 state and the rules and procedures of the legislature with respect 20-29 to the notice, introduction, and passage of this Act are fulfilled 20-30 and accomplished. 20-31 SECTION 3.02. EFFECTIVE DATES. This Act takes effect 20-32 September 1, 1993; except Section 1.36 of Article 1 takes effect 20-33 March 1, 1994. 20-34 SECTION 3.03. EMERGENCY. The importance of this legislation 20-35 and the crowded condition of the calendars in both houses create an 20-36 emergency and an imperative public necessity that the 20-37 constitutional rule requiring bills to be read on three several 20-38 days in each house be suspended, and this rule is hereby suspended. 20-39 * * * * * 20-40 Austin, 20-41 Texas 20-42 May 7, 1993 20-43 Hon. Bob Bullock 20-44 President of the Senate 20-45 Sir: 20-46 We, your Committee on Natural Resources to which was referred S.B. 20-47 No. 1477, have had the same under consideration, and I am 20-48 instructed to report it back to the Senate with the recommendation 20-49 that it do not pass, but that the Committee Substitute adopted in 20-50 lieu thereof do pass and be printed. 20-51 Sims, 20-52 Chairman 20-53 * * * * * 20-54 WITNESSES 20-55 FOR AGAINST ON 20-56 ___________________________________________________________________ 20-57 Name: Cliff Morton x 20-58 Representing: S.A. Water System 20-59 City: San Antonio 20-60 ------------------------------------------------------------------- 20-61 Name: Russell Johnson x 20-62 Representing: S.A. Water System 20-63 City: San Antonio 20-64 ------------------------------------------------------------------- 20-65 Name: Joe Aceves x 20-66 Representing: S.A. Water System 20-67 City: San Antonio 20-68 ------------------------------------------------------------------- 20-69 Name: Billy G. Moore x 20-70 Representing: City of San Antonio 21-1 City: San Antonio 21-2 ------------------------------------------------------------------- 21-3 Name: Carol Patterson x 21-4 Representing: Self 21-5 City: San Antonio 21-6 ------------------------------------------------------------------- 21-7 Name: Tommy Knowles x 21-8 Representing: Tx Water Develop Board 21-9 City: Austin 21-10 ------------------------------------------------------------------- 21-11 Name: Curtis Lytle x 21-12 Representing: Uvalde Co. Water Conservation 21-13 City: Uvalde 21-14 ------------------------------------------------------------------- 21-15 Name: Danny McFadin x 21-16 Representing: Uvalde County Farm Bureau 21-17 City: Knippa 21-18 ------------------------------------------------------------------- 21-19 Name: Dan Byfield x 21-20 Representing: Tx Farm Bureau 21-21 City: Austin 21-22 ------------------------------------------------------------------- 21-23 Name: Clifton Stacy x 21-24 Representing: Evergreen UWC Dist. 21-25 City: Pearsall 21-26 ------------------------------------------------------------------- 21-27 Name: John Fritz x 21-28 Representing: Guadalupe Valley Electric 21-29 City: Gonzales 21-30 ------------------------------------------------------------------- 21-31 Name: Doug Miller x 21-32 Representing: New Braunfels 21-33 City: New Braunfels 21-34 ------------------------------------------------------------------- 21-35 Name: Robert Keith x 21-36 Representing: I.W.U.A. 21-37 City: Victoria 21-38 ------------------------------------------------------------------- 21-39 Name: Raymond Buck, Jr. x 21-40 Representing: Springhills Water MGMT. Dist. 21-41 City: Bandera 21-42 ------------------------------------------------------------------- 21-43 Name: David Sebre x 21-44 Representing: Dupont 21-45 City: Austin 21-46 ------------------------------------------------------------------- 21-47 Name: David Davenport x 21-48 Representing: Canyon Regional Water Auth. 21-49 City: New Braunfels 21-50 ------------------------------------------------------------------- 21-51 FOR AGAINST ON 21-52 ___________________________________________________________________ 21-53 Name: Henry Briscoe x 21-54 Representing: Medina County Underground 21-55 City: Devine 21-56 ------------------------------------------------------------------- 21-57 Name: Oliver Martin x 21-58 Representing: Medina Co. Underground Water 21-59 City: Hondo 21-60 ------------------------------------------------------------------- 21-61 Name: Luana Buckner x 21-62 Representing: Medina Co. UWD 21-63 City: Hondo 21-64 ------------------------------------------------------------------- 21-65 Name: Rodney Reagan x 21-66 Representing: Uvalde Co. UWC 21-67 City: Uvalde 21-68 ------------------------------------------------------------------- 21-69 Name: Henry Keller 21-70 Representing: Medina Co. Water Conservation 22-1 City: Castroville 22-2 ------------------------------------------------------------------- 22-3 Name: Benjamin Harrison x 22-4 Representing: 22-5 City: San Antonio 22-6 ------------------------------------------------------------------- 22-7 Name: Lawrence Friesenhahn x 22-8 Representing: Self 22-9 City: Knippa 22-10 ------------------------------------------------------------------- 22-11 Name: Virginia Friesenhahn x 22-12 Representing: Self 22-13 City: Knippa 22-14 ------------------------------------------------------------------- 22-15 Name: David Walker x 22-16 Representing: City of Cibolo 22-17 City: Schertz 22-18 ------------------------------------------------------------------- 22-19 Name: Dorothy Mills x 22-20 Representing: Green Valley Special Utility 22-21 City: Marion 22-22 ------------------------------------------------------------------- 22-23 Name: Mary Briscoe x 22-24 Representing: 22-25 City: Devine 22-26 ------------------------------------------------------------------- 22-27 Name: Carl Muecke, Jr. x 22-28 Representing: 22-29 City: Knippa 22-30 ------------------------------------------------------------------- 22-31 Name: Thomas Culbertson x 22-32 Representing: Regional Clean Air & Water 22-33 City: San Antonio 22-34 ------------------------------------------------------------------- 22-35 Name: Ann Walker x 22-36 Representing: Tx ARGI Women 22-37 City: Uvalde 22-38 ------------------------------------------------------------------- 22-39 Name: Tommy Walker x 22-40 Representing: 22-41 City: Uvalde 22-42 ------------------------------------------------------------------- 22-43 Name: Albert Strzelczyk, Jr. x 22-44 Representing: E. Central Water Supply Corp 22-45 City: St. Hedwig 22-46 ------------------------------------------------------------------- 22-47 Name: Kay Turner x 22-48 Representing: Regional Clean Air & Water 22-49 City: San Antonio 22-50 ------------------------------------------------------------------- 22-51 FOR AGAINST ON 22-52 ___________________________________________________________________ 22-53 Name: Hans Helland x 22-54 Representing: Self 22-55 City: San Antonio 22-56 ------------------------------------------------------------------- 22-57 Name: Jeff Barton x 22-58 Representing: Hays County 22-59 City: Kyle 22-60 ------------------------------------------------------------------- 22-61 Name: Mark Riser x 22-62 Representing: Brush Country Water Dist. 22-63 City: George West 22-64 ------------------------------------------------------------------- 22-65 Name: Lonnie Stewart x 22-66 Representing: Brush Country UWCD 22-67 City: George West 22-68 ------------------------------------------------------------------- 22-69 Name: Keith Pate x 22-70 Representing: Evergreen U.W.C.D. 23-1 City: Jourdanton 23-2 ------------------------------------------------------------------- 23-3 Name: Arthur Postel x 23-4 Representing: 23-5 City: San Antonio 23-6 -------------------------------------------------------------------