BILL ANALYSIS


                                                        H.B. 2890
                                       By: Lewis, R. (Armbrister)
                                                Natural Resources
                                                         05-19-95
                                Senate Committee Report (Amended)
BACKGROUND

In 1993, the Texas Legislature passed S.B. 1477 establishing the
Edwards Aquifer Authority to regulate aquifer pumping by issuing
groundwater pumping permits.  In November 1993, the U.S. Justice
Department issued a formal objection to S.B. 1477, stating that the
bill violated the federal Voting Rights Act; consequently, no
provisions under this bill have been implemented to date.  Due to
the delay caused by the Department of Justice's formal objection to
S.B. 1477, some dates within the bill have expired and are no
longer applicable.

PURPOSE

As proposed, H.B. 2890 makes current the dates of Chapter 626, Acts
of the 73rd Legislature, Regular Session, 1993, relating to the
Edwards Aquifer Authority.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 1.03(10), Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, to redefine "existing user."

SECTION 2. Amends Sections 1.14(e) and (h), Chapter 626, Acts of
the 73rd Legislature, Regular Session, 1993, as follows:

     (e) Prohibits the Edwards Aquifer Authority (authority) from
     allowing withdrawals from the aquifer through wells drilled
     after June 1, 1995, rather than 1993.
     
     (h) Requires the authority, by June 1, 1996, rather than 1994,
     to implement and enforce certain water management practices,
     procedures, and methods.
     
     SECTION 3.     Amends Sections 1.16(a) and (b), Chapter 626, Acts of
the 73rd Legislature, Regular Session, 1993, as follows:

     (a) Authorizes an existing user to apply for an initial
     regular permit by filing a declaration of historical use of
     underground water withdrawn from the aquifer during the
     historical period from June 1, 1972, through May 31, 1995,
     rather than 1993.
     
     (b) Requires an existing user's declaration of historical use
     to be filed on or before March 1, 1997, rather than 1994.
     
     SECTION 4.     Amends Sections 1.17(a) and (d), Chapter 626, Acts of
the 73rd Legislature, Regular Session, 1993, as follows:

     (a) Authorizes a person who, on the effective date of this
     article, owns a producing well that withdraws water from the
     aquifer to continue to withdraw and beneficially use water
     without waste until final action on permits by the authority,
     if, among other conditions, the person files a declaration of
     historical use by March 1, 1997, rather than 1994.
     
     (d) Provides that interim authorization for a well under this
     section ends on March 1, 1997, rather than 1994, if the well
     owner has not filed a declaration of historical use.
     
     SECTION 5.     Amends Section 1.18(b), Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, to prohibit the authority from
considering or taking an action on an application relating to a
proposed or existing well of which there is no evidence of actual
beneficial use before June 1, 1995, rather than 1993, until a final
determination has been made on all initial regular permit
applications submitted on or before the initial application date of
March 1, 1997, rather than 1994.

SECTION 6. Amends Section 1.25(a), Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, to require the authority to
develop, by September 1, 1998, rather than 1995, and implement a
comprehensive water management plan.

SECTION 7. Amends Section 1.26, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, to require the authority to
prepare and coordinate implementation of a plan for critical period
management on or before September 1, 1997, rather than 1995.

SECTION 8. Amends Section 1.30(d), Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, to provide that a permit issued
in accordance with this section is subordinate to permitted water
rights for which applications were submitted before May 31, 1995,
rather than 1993.

SECTION 9. Amends Section 1.31(b), Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, to make the authority
responsible for certain costs related to an irrigation well in
existence on June 1, 1995, rather than September 1, 1993.

SECTION 10.    Amends Section 1.41(d), Chapter 626, Acts of the
73rd Legislature, Regular Session, 1993, to require all unobligated
and unexpended funds of the Edwards Underground Water District to
be transferred to the authority on September 1, 1995, rather than
1993.

SECTION 11.    Amends Section 3.04, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, to require the authority, on or
before January 1, 1998, rather than 1995, to submit a report to
certain persons evaluating the extent to which other entities have
cooperated with and assisted the authority.

SECTION 12.    Effective date of Section 1.35, Chapter 626, Acts of
the 73rd Legislature, Regular Session, 1993: March 1, 1996.

SECTION 13.    Emergency clause.
           Effective date: upon passage.