By Lewis of Orange H.B. No. 2890
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the management of the Edwards Aquifer.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 1.03(10), Chapter 626, Acts of the 73rd
1-5 Legislature, Regular Session, 1993, is amended to read as follows:
1-6 (10) "Existing user" means a person who has withdrawn
1-7 and beneficially used underground water from the aquifer on or
1-8 before June 1, 1995 <1993>.
1-9 SECTION 2. Section 1.12, Chapter 626, Acts of the 73rd
1-10 Legislature, Regular Session, 1993, is amended to read as follows:
1-11 Sec. 1.12. SUNSET COMMISSION REVIEW. (a) The board is
1-12 subject to review under Chapter 325, Government Code (Texas Sunset
1-13 Act), but may not be abolished under that Act. The review shall be
1-14 conducted as if the board were scheduled to be abolished September
1-15 1, 2005, except as provided by Subsection (b) of this section.
1-16 (b) If the Edwards Aquifer Legislative Oversight Committee
1-17 finds that the federal Endangered Species Act of 1973 (16 U.S.C.
1-18 Section 1531 et seq.) is amended to the degree that the board's
1-19 regulation of withdrawals from the aquifer as provided by this Act
1-20 is not necessary for compliance with the federal Endangered Species
1-21 Act, the committee shall initiate a review as if this Act were
1-22 scheduled to expire on September 1 of the year following the year
1-23 in which the amendment takes effect. Following that review, the
2-1 committee shall make recommendations to the legislature regarding
2-2 the repeal or amendment of this Act as necessary or prudent to
2-3 manage the aquifer in compliance with federal requirements.
2-4 (c) Unless members of the board are continued in office
2-5 after the review under Subsection (a) of this section, their
2-6 membership expires September 1, 2005.
2-7 (d) <(c)> When the membership of the board of directors
2-8 expires under Subsection (c) <(b)> of this section, a new board of
2-9 directors shall be appointed as provided by this article, with each
2-10 new member serving for the unexpired term of the member's
2-11 predecessor. A member whose membership has expired under
2-12 Subsection (c) <(b)> is not eligible for reappointment under this
2-13 subsection.
2-14 SECTION 3. Sections 1.14(e) and (h), Chapter 626, Acts of
2-15 the 73rd Legislature, Regular Session, 1993, are amended to read as
2-16 follows:
2-17 (e) The authority may not allow withdrawals from the aquifer
2-18 through wells drilled after June 1, 1995 <1993>, except additional
2-19 water as provided by Subsection (d) and then on an interruptible
2-20 basis.
2-21 (h) To accomplish the purposes of this article, by June 1,
2-22 1996 <1994>, the authority, through a program, shall implement and
2-23 enforce water management practices, procedures, and methods to
2-24 ensure that, not later than December 31, 2012, the continuous
2-25 minimum springflows of the Comal Springs and the San Marcos Springs
3-1 are maintained to protect endangered and threatened species to the
3-2 extent required by federal law. The authority from time to time as
3-3 appropriate may revise the practices, procedures, and methods. To
3-4 meet this requirement, the authority shall require:
3-5 (1) phased reductions in the amount of water that may
3-6 be used or withdrawn by existing users or categories of other
3-7 users; or
3-8 (2) implementation of alternative management
3-9 practices, procedures, and methods.
3-10 SECTION 4. Sections 1.16(a) and (b), Chapter 626, Acts of
3-11 the 73rd Legislature, Regular Session, 1993, are amended to read as
3-12 follows:
3-13 (a) An existing user may apply for an initial regular permit
3-14 by filing a declaration of historical use of underground water
3-15 withdrawn from the aquifer during the historical period from June
3-16 1, 1972, through May 31, 1995 <1993>.
3-17 (b) An existing user's declaration of historical use must be
3-18 filed on or before March 1, 1996 <1994>, on a form prescribed by
3-19 the board. An applicant for a permit must timely pay all
3-20 application fees required by the board. An owner of a well used
3-21 for irrigation must include additional documentation of the number
3-22 of acres irrigated during the historical period provided by
3-23 Subsection (a) of this section.
3-24 SECTION 5. Sections 1.17(a) and (d), Chapter 626, Acts of
3-25 the 73rd Legislature, Regular Session, 1993, are amended to read as
4-1 follows:
4-2 (a) A person who, on the effective date of this article,
4-3 owns a producing well that withdraws water from the aquifer may
4-4 continue to withdraw and beneficially use water without waste until
4-5 final action on permits by the authority, if:
4-6 (1) the well is in compliance with all statutes and
4-7 rules relating to well construction, approval, location, spacing,
4-8 and operation; and
4-9 (2) by March 1, 1996 <1994>, the person files a
4-10 declaration of historical use on a form as required by the
4-11 authority.
4-12 (d) Interim authorization for a well under this section ends
4-13 on:
4-14 (1) entry of a final and appealable order by the
4-15 authority acting on the application for the well; or
4-16 (2) March 1, 1996 <1994>, if the well owner has not
4-17 filed a declaration of historical use.
4-18 SECTION 6. Section 1.18(b), Chapter 626, Acts of the 73rd
4-19 Legislature, Regular Session, 1993, is amended to read as follows:
4-20 (b) The authority may not consider or take action on an
4-21 application relating to a proposed or existing well of which there
4-22 is no evidence of actual beneficial use before June 1, 1995 <1993>,
4-23 until a final determination has been made on all initial regular
4-24 permit applications submitted on or before the initial application
4-25 date of March 1, 1996 <1994>.
5-1 SECTION 7. Section 1.25(a), Chapter 626, Acts of the 73rd
5-2 Legislature, Regular Session, 1993, is amended to read as follows:
5-3 (a) Consistent with Section 1.14 of this article, the
5-4 authority shall develop, by September 1, 1997 <1995>, and
5-5 implement a comprehensive water management plan that includes
5-6 conservation, future supply, and demand management plans. The
5-7 authority may not delegate the development of the plan under
5-8 Section 1.42 of this article.
5-9 SECTION 8. Section 1.26, Chapter 626, Acts of the 73rd
5-10 Legislature, Regular Session, 1993, is amended to read as follows:
5-11 Sec. 1.26. CRITICAL PERIOD MANAGEMENT PLAN. The authority
5-12 shall prepare and coordinate implementation of a plan for critical
5-13 period management on or before September 1, 1997 <1995>. The
5-14 mechanisms must:
5-15 (1) distinguish between discretionary use and
5-16 nondiscretionary use;
5-17 (2) require reductions of all discretionary use to the
5-18 maximum extent feasible;
5-19 (3) require utility pricing, to the maximum extent
5-20 feasible, to limit discretionary use by the customers of water
5-21 utilities; and
5-22 (4) require reduction of nondiscretionary use by
5-23 permitted or contractual users, to the extent further reductions
5-24 are necessary, in the reverse order of the following water use
5-25 preferences:
6-1 (A) municipal, domestic, and livestock;
6-2 (B) industrial and crop irrigation;
6-3 (C) residential landscape irrigation;
6-4 (D) recreational and pleasure; and
6-5 (E) other uses that are authorized by law.
6-6 SECTION 9. Section 1.30(d), Chapter 626, Acts of the 73rd
6-7 Legislature, Regular Session, 1993, is amended to read as follows:
6-8 (d) A permit issued in accordance with this section is
6-9 subordinate to permitted water rights for which applications were
6-10 submitted before May 31, 1995 <1993>, and vested riparian rights.
6-11 SECTION 10. Section 1.31(b), Chapter 626, Acts of the 73rd
6-12 Legislature, Regular Session, 1993, is amended to read as follows:
6-13 (b) The authority is responsible for the costs of
6-14 purchasing, installing, and maintaining measuring devices, if
6-15 required, for an irrigation well in existence on September 1, 1995
6-16 <1993>.
6-17 SECTION 11. Section 1.41(d), Chapter 626, Acts of the 73rd
6-18 Legislature, Regular Session, 1993, is amended to read as follows:
6-19 (d) On September 1, 1995 <1993>, all unobligated and
6-20 unexpended funds of the Edwards Underground Water District shall be
6-21 transferred to the authority.
6-22 SECTION 12. Section 3.04, Chapter 626, Acts of the 73rd
6-23 Legislature, Regular Session, 1993, is amended to read as follows:
6-24 Sec. 3.04. COOPERATION. All state and local governmental
6-25 entities are hereby directed to cooperate with the authority to the
7-1 maximum extent practicable so that the authority can best be able
7-2 to accomplish the purposes set forth under Article 1. The
7-3 authority shall, on or before January 1, 1997 <1995>, submit a
7-4 report to the governor, lieutenant governor, and speaker of the
7-5 house of representatives evaluating the extent to which other
7-6 entities have cooperated with and assisted the authority.
7-7 SECTION 13. Notwithstanding the effective date provided by
7-8 Section 4.02, Chapter 626, Acts of the 73rd Legislature, Regular
7-9 Session, 1993, Section 1.35 of that Act takes effect March 1, 1996.
7-10 SECTION 14. The importance of this legislation and the
7-11 crowded condition of the calendars in both houses create an
7-12 emergency and an imperative public necessity that the
7-13 constitutional rule requiring bills to be read on three several
7-14 days in each house be suspended, and this rule is hereby suspended,
7-15 and that this Act take effect and be in force from and after its
7-16 passage, and it is so enacted.