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 -------------------------------------------------------------------