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1-7 (10) "Existing user" means a person who has withdrawn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2-4 be used or withdrawn by existing users or categories of other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2-13 withdrawn from the aquifer during the historical period from June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