By: Armbrister S.R. No. 1152
73R11928 JJT-D
R E S O L U T I O N
1-1 BE IT RESOLVED by the Senate of the State of Texas, That Rule
1-2 12.03, Rules of the Senate, 73rd Legislature, is suspended, as
1-3 provided by Senate Rule 12.08, to the extent described in this
1-4 resolution, to enable the conference committee appointed to adjust
1-5 the differences between the house and senate versions of S.B. No.
1-6 1477, relating to the creation, administration, powers, duties,
1-7 operation, and financing of the Edwards Aquifer Authority and the
1-8 management of the Edwards Aquifer, to successfully conclude the
1-9 committee's deliberations, by authorizing the conferees to consider
1-10 and take action on the following specific matters:
1-11 (1) Senate Rule 12.03(4) is suspended to permit the
1-12 committee to insert the following language in the bill at the end
1-13 of Section 1.08(b) of the bill:
1-14 This subsection is not intended to allow the authority to
1-15 regulate surface water.
1-16 Explanation: The addition is needed to clarify the intent of
1-17 the legislature regarding the authority's powers.
1-18 (2) Senate Rule 12.03(1) is suspended to permit the
1-19 committee to amend Subdivision (7) of Section 1.09(b) to read as
1-20 follows:
1-21 (7) one person appointed in rotation who is from
1-22 Atascosa, Medina, or Uvalde counties, with that person appointed by
1-23 the governing body of the Evergreen Underground Water District, by
1-24 the Medina Underground Water Conservation District, or by the
2-1 Uvalde County Underground Water Conservation District, with the
2-2 person appointed by the Evergreen Underground Water District
2-3 serving the first term, followed by a person appointed by the
2-4 Medina Underground Water Conservation District to serve the second
2-5 term, followed by a person appointed by the Uvalde County
2-6 Underground Water Conservation District to serve the third term,
2-7 and rotating in that order of appointment for subsequent terms.
2-8 Explanation: The amendment is needed to specify the board
2-9 members who serve in rotation and the method of their appointment.
2-10 (3) Senate Rule 12.03(1) is suspended to permit the
2-11 committee to amend Section 1.14(d) (House version Section 1.14(e),
2-12 Senate version Section 1.15(d)) of the bill to read as follows:
2-13 (d) If, through studies and implementation of water
2-14 management strategies, including conservation, springflow
2-15 augmentation, diversions downstream of the springs, reuse,
2-16 supplemental recharge, conjunctive management of surface and
2-17 subsurface water, and drought management plans, the authority
2-18 determines that additional supplies are available from the aquifer,
2-19 the authority, in consultation with appropriate state and federal
2-20 agencies, may review and may increase the maximum amount of
2-21 withdrawals provided by this section and set a different maximum
2-22 amount of withdrawals.
2-23 Explanation: The change is needed to provide that the
2-24 authority may increase but not decrease the maximum amount of
2-25 withdrawals under the section.
2-26 (4) Senate Rule 12.03(1) is suspended to permit the
2-27 committee to amend Section 1.14(f) (House version Section 1.14(f),
3-1 Senate version Section 1.15(e)) of the bill to read as follows:
3-2 (f) If the level of the aquifer is equal to or greater than
3-3 650 feet above mean sea level as measured at Well J-17, the
3-4 authority may authorize withdrawal from the San Antonio pool, on an
3-5 uninterruptible basis, of permitted amounts. If the level of the
3-6 aquifer is equal to or greater than 845 feet at Well J-27, the
3-7 authority may authorize withdrawal from the Uvalde pool, on an
3-8 uninterruptible basis, of permitted amounts. The authority shall
3-9 limit the additional withdrawals to ensure that springflows are not
3-10 affected during critical drought conditions.
3-11 Explanation: The change is needed to set the aquifer levels
3-12 at 650 feet at Well J-17 and at 845 feet at Well J-27 and to give
3-13 the authority power to authorize on an uninterruptible basis the
3-14 withdrawal of permitted amounts at the stated levels.
3-15 (5) Senate Rules 12.03(1) and (4) are suspended to allow the
3-16 committee to amend Section 1.26(4) (House version 1.17(4), Senate
3-17 version 1.27(3)) to read as follows:
3-18 (4) require reduction of nondiscretionary use by
3-19 permitted or contractual users, to the extent further reductions
3-20 are necessary, in the reverse order of the following water use
3-21 preferences:
3-22 (A) municipal, domestic, and livestock;
3-23 (B) industrial and crop irrigation;
3-24 (C) residential landscape irrigation;
3-25 (D) recreational and pleasure; and
3-26 (E) other uses that are authorized by law.
3-27 Explanation: The change is needed to make clear that the
4-1 reduction in nondiscretionary use is required of permitted or
4-2 contractual users.
4-3 (6) Senate Rules 12.03(1) and (4) are suspended to allow the
4-4 committee to add new Subsection (b) to Section 1.34 (House version
4-5 Section 1.25, Senate version Section 1.35) of the bill to read as
4-6 follows, and to appropriately reletter the subsequent subsection:
4-7 (b) The authority by rule may establish a procedure by which
4-8 a person who installs water conservation equipment may sell the
4-9 water conserved.
4-10 Explanation: The change is needed to provide for the sale of
4-11 conserved water by a person who installs conservation equipment.