By: Armbrister S.R. No. 1159 SENATE RESOLUTION 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 2-1 the Medina Underground Water Conservation District, or by the 2-2 Uvalde County Underground Water Conservation District, with the 2-3 person appointed by the Evergreen Underground Water District 2-4 serving the first term, followed by a person appointed by the 2-5 Medina Underground Water Conservation District to serve the second 2-6 term, followed by a person appointed by the Uvalde County 2-7 Underground Water Conservation District to serve the third term, 2-8 and rotating in that order of appointment for subsequent terms. 2-9 Explanation: The amendment is needed to specify the board 2-10 members who serve in rotation and the method of their appointment. 2-11 (3) Senate Rule 12.03(1) is suspended to permit the 2-12 committee to amend Section 1.14(d) (House version Section 1.14(e), 2-13 Senate version Section 1.15(d)) of the bill to read as follows: 2-14 (d) If, through studies and implementation of water 2-15 management strategies, including conservation, springflow 2-16 augmentation, diversions downstream of the springs, reuse, 2-17 supplemental recharge, conjunctive management of surface and 2-18 subsurface water, and drought management plans, the authority 2-19 determines that additional supplies are available from the aquifer, 2-20 the authority, in consultation with appropriate state and federal 2-21 agencies, may review and may increase the maximum amount of 2-22 withdrawals provided by this section and set a different maximum 2-23 amount of withdrawals. 2-24 Explanation: The change is needed to provide that the 2-25 authority may increase but not decrease the maximum amount of 3-1 withdrawals under the section. 3-2 (4) Senate Rule 12.03(1) is suspended to permit the 3-3 committee to amend Section 1.14(f) (House version Section 1.14(f), 3-4 Senate version Section 1.15(e)) of the bill to read as follows: 3-5 (f) If the level of the aquifer is equal to or greater than 3-6 650 feet above mean sea level as measured at Well J-17, the 3-7 authority may authorize withdrawal from the San Antonio pool, on an 3-8 uninterruptible basis, of permitted amounts. If the level of the 3-9 aquifer is equal to or greater than 845 feet at Well J-27, the 3-10 authority may authorize withdrawal from the Uvalde pool, on an 3-11 uninterruptible basis, of permitted amounts. The authority shall 3-12 limit the additional withdrawals to ensure that springflows are not 3-13 affected during critical drought conditions. 3-14 Explanation: The change is needed to set the aquifer levels 3-15 at 650 feet at Well J-17 and at 845 feet at Well J-27 and to give 3-16 the authority power to authorize on an uninterruptible basis the 3-17 withdrawal of permitted amounts at the stated levels. 3-18 (5) Senate Rules 12.03(1) and (4) are suspended to allow the 3-19 committee to amend Section 1.26(4) (House version 1.17(4), Senate 3-20 version 1.27(3)) to read as follows: 3-21 (4) require reduction of nondiscretionary use by 3-22 permitted or contractual users, to the extent further reductions 3-23 are necessary, in the reverse order of the following water use 3-24 preferences: 3-25 (A) municipal, domestic, and livestock; 4-1 (B) industrial and crop irrigation; 4-2 (C) residential landscape irrigation; 4-3 (D) recreational and pleasure; and 4-4 (E) other uses that are authorized by law. 4-5 Explanation: The change is needed to make clear that the 4-6 reduction in nondiscretionary use is required of permitted or 4-7 contractual users. 4-8 (6) Senate Rules 12.03(1) and (4) are suspended to allow the 4-9 committee to add new Subsection (b) to Section 1.34 (House version 4-10 Section 1.25, Senate version Section 1.35) of the bill to read as 4-11 follows, and to appropriately reletter the subsequent subsection: 4-12 (b) The authority by rule may establish a procedure by which 4-13 a person who installs water conservation equipment may sell the 4-14 water conserved. 4-15 Explanation: The change is needed to provide for the sale of 4-16 conserved water by a person who installs conservation equipment. 4-17 (7) Senate Rule 12.03(4) is suspended to allow the committee 4-18 to add a new Section 3.04 of the bill to read as follows: 4-19 SECTION 3.04. COOPERATION. All state and local governmental 4-20 entities are hereby directed to cooperate with the authority to the 4-21 maximum extent practicable so that the authority can best be able 4-22 to accomplish the purposes set forth under Article 3. The 4-23 authority shall, on or before January 1, 1995, submit a report to 4-24 the governor, lieutenant governor, and speaker of the house, 4-25 evaluating the extent to which other entities have cooperated and 5-1 assisted the authority. 5-2 Explanation: The change is needed to require state and local 5-3 governmental entities to cooperate with the authority and to 5-4 require a report on the extent of cooperation. 5-5 _____________________________________ 5-6 President of the Senate 5-7 I hereby certify that the 5-8 above Resolution was adopted by 5-9 the Senate on May 30, 1993. 5-10 _____________________________________ 5-11 Secretary of the Senate