1-1 By: Lewis of Orange (Senate Sponsor - Armbrister) H.B. No. 2890
1-2 (In the Senate - Received from the House May 11, 1995;
1-3 May 12, 1995, read first time and referred to Committee on Natural
1-4 Resources; May 19, 1995, reported favorably, as amended, by the
1-5 following vote: Yeas 7, Nays 0; May 19, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Armbrister
1-7 Amend H.B. No. 2890 (House Engrossment) as follows:
1-8 (1) Strike Section 2 of the bill (page 1, line 9 through
1-9 page 2, line 12) and renumber subsequent Sections of the bill
1-10 appropriately.
1-11 (2) In Section 4 of the bill, in the first sentence of
1-12 Section 1.16(b) (page 3, line 15), strike "1996" and substitute
1-13 "1997".
1-14 (3) In Section 5 of the bill, Section 1.17(a)(2) (page 4,
1-15 line 4, strike "1996" and substitute "1997".
1-16 (4) In Section 5 of the bill, Section 1.17(d)(2) (page 4,
1-17 line 11), strike "1996" and substitute "1997".
1-18 (5) In Section 6 of the bill, Section 1.18(b) (page 4, line
1-19 20), strike "1996" and substitute "1997".
1-20 (6) In Section 7 of the bill, Section 1.25(a) (page 4, line
1-21 24), strike "1997" and substitute "1998".
1-22 (7) In Section 10 of the bill, Section 1.31(b) (page 6,
1-23 lines 6 and 7), strike "September 1, 1995 <1993>" and substitute
1-24 "June 1, 1995 <September 1, 1993>".
1-25 (8) In Section 12 of the bill, Section 3.04 (page 6, line
1-26 19), strike "1997" and substitute "1998".
1-27 A BILL TO BE ENTITLED
1-28 AN ACT
1-29 relating to the management of the Edwards Aquifer.
1-30 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-31 SECTION 1. Section 1.03(10), Chapter 626, Acts of the 73rd
1-32 Legislature, Regular Session, 1993, is amended to read as follows:
1-33 (10) "Existing user" means a person who has withdrawn
1-34 and beneficially used underground water from the aquifer on or
1-35 before June 1, 1995 <1993>.
1-36 SECTION 2. Section 1.12, Chapter 626, Acts of the 73rd
1-37 Legislature, Regular Session, 1993, is amended to read as follows:
1-38 Sec. 1.12. SUNSET COMMISSION REVIEW. (a) The board is
1-39 subject to review under Chapter 325, Government Code (Texas Sunset
1-40 Act), but may not be abolished under that Act. The review shall be
1-41 conducted as if the board were scheduled to be abolished September
1-42 1, 2005, except as provided by Subsection (b) of this section.
1-43 (b) If the Edwards Aquifer Legislative Oversight Committee
1-44 finds that the federal Endangered Species Act of 1973 (16 U.S.C.
1-45 Section 1531 et seq.) is amended to the degree that the board's
1-46 regulation of withdrawals from the aquifer as provided by this Act
1-47 is not necessary for compliance with the federal Endangered Species
1-48 Act, the committee shall initiate a review as if this Act were
1-49 scheduled to expire on September 1 of the year following the year
1-50 in which the amendment takes effect. Following that review, the
1-51 committee shall make recommendations to the legislature regarding
1-52 the repeal or amendment of this Act as necessary or prudent to
1-53 manage the aquifer in compliance with federal requirements.
1-54 (c) Unless members of the board are continued in office
1-55 after the review under Subsection (a) of this section, their
1-56 membership expires September 1, 2005.
1-57 (d) <(c)> When the membership of the board of directors
1-58 expires under Subsection (c) <(b)> of this section, a new board of
1-59 directors shall be appointed as provided by this article, with each
1-60 new member serving for the unexpired term of the member's
1-61 predecessor. A member whose membership has expired under
1-62 Subsection (c) <(b)> is not eligible for reappointment under this
1-63 subsection.
1-64 SECTION 3. Sections 1.14(e) and (h), Chapter 626, Acts of
1-65 the 73rd Legislature, Regular Session, 1993, are amended to read as
1-66 follows:
1-67 (e) The authority may not allow withdrawals from the aquifer
1-68 through wells drilled after June 1, 1995 <1993>, except additional
2-1 water as provided by Subsection (d) and then on an interruptible
2-2 basis.
2-3 (h) To accomplish the purposes of this article, by June 1,
2-4 1996 <1994>, the authority, through a program, shall implement and
2-5 enforce water management practices, procedures, and methods to
2-6 ensure that, not later than December 31, 2012, the continuous
2-7 minimum springflows of the Comal Springs and the San Marcos Springs
2-8 are maintained to protect endangered and threatened species to the
2-9 extent required by federal law. The authority from time to time as
2-10 appropriate may revise the practices, procedures, and methods. To
2-11 meet this requirement, the authority shall require:
2-12 (1) phased reductions in the amount of water that may
2-13 be used or withdrawn by existing users or categories of other
2-14 users; or
2-15 (2) implementation of alternative management
2-16 practices, procedures, and methods.
2-17 SECTION 4. Sections 1.16(a) and (b), Chapter 626, Acts of
2-18 the 73rd Legislature, Regular Session, 1993, are amended to read as
2-19 follows:
2-20 (a) An existing user may apply for an initial regular permit
2-21 by filing a declaration of historical use of underground water
2-22 withdrawn from the aquifer during the historical period from June
2-23 1, 1972, through May 31, 1995 <1993>.
2-24 (b) An existing user's declaration of historical use must be
2-25 filed on or before March 1, 1996 <1994>, on a form prescribed by
2-26 the board. An applicant for a permit must timely pay all
2-27 application fees required by the board. An owner of a well used
2-28 for irrigation must include additional documentation of the number
2-29 of acres irrigated during the historical period provided by
2-30 Subsection (a) of this section.
2-31 SECTION 5. Sections 1.17(a) and (d), Chapter 626, Acts of
2-32 the 73rd Legislature, Regular Session, 1993, are amended to read as
2-33 follows:
2-34 (a) A person who, on the effective date of this article,
2-35 owns a producing well that withdraws water from the aquifer may
2-36 continue to withdraw and beneficially use water without waste until
2-37 final action on permits by the authority, if:
2-38 (1) the well is in compliance with all statutes and
2-39 rules relating to well construction, approval, location, spacing,
2-40 and operation; and
2-41 (2) by March 1, 1996 <1994>, the person files a
2-42 declaration of historical use on a form as required by the
2-43 authority.
2-44 (d) Interim authorization for a well under this section ends
2-45 on:
2-46 (1) entry of a final and appealable order by the
2-47 authority acting on the application for the well; or
2-48 (2) March 1, 1996 <1994>, if the well owner has not
2-49 filed a declaration of historical use.
2-50 SECTION 6. Section 1.18(b), Chapter 626, Acts of the 73rd
2-51 Legislature, Regular Session, 1993, is amended to read as follows:
2-52 (b) The authority may not consider or take action on an
2-53 application relating to a proposed or existing well of which there
2-54 is no evidence of actual beneficial use before June 1, 1995 <1993>,
2-55 until a final determination has been made on all initial regular
2-56 permit applications submitted on or before the initial application
2-57 date of March 1, 1996 <1994>.
2-58 SECTION 7. Section 1.25(a), Chapter 626, Acts of the 73rd
2-59 Legislature, Regular Session, 1993, is amended to read as follows:
2-60 (a) Consistent with Section 1.14 of this article, the
2-61 authority shall develop, by September 1, 1997 <1995>, and
2-62 implement a comprehensive water management plan that includes
2-63 conservation, future supply, and demand management plans. The
2-64 authority may not delegate the development of the plan under
2-65 Section 1.42 of this article.
2-66 SECTION 8. Section 1.26, Chapter 626, Acts of the 73rd
2-67 Legislature, Regular Session, 1993, is amended to read as follows:
2-68 Sec. 1.26. CRITICAL PERIOD MANAGEMENT PLAN. The authority
2-69 shall prepare and coordinate implementation of a plan for critical
2-70 period management on or before September 1, 1997 <1995>. The
3-1 mechanisms must:
3-2 (1) distinguish between discretionary use and
3-3 nondiscretionary use;
3-4 (2) require reductions of all discretionary use to the
3-5 maximum extent feasible;
3-6 (3) require utility pricing, to the maximum extent
3-7 feasible, to limit discretionary use by the customers of water
3-8 utilities; and
3-9 (4) require reduction of nondiscretionary use by
3-10 permitted or contractual users, to the extent further reductions
3-11 are necessary, in the reverse order of the following water use
3-12 preferences:
3-13 (A) municipal, domestic, and livestock;
3-14 (B) industrial and crop irrigation;
3-15 (C) residential landscape irrigation;
3-16 (D) recreational and pleasure; and
3-17 (E) other uses that are authorized by law.
3-18 SECTION 9. Section 1.30(d), Chapter 626, Acts of the 73rd
3-19 Legislature, Regular Session, 1993, is amended to read as follows:
3-20 (d) A permit issued in accordance with this section is
3-21 subordinate to permitted water rights for which applications were
3-22 submitted before May 31, 1995 <1993>, and vested riparian rights.
3-23 SECTION 10. Section 1.31(b), Chapter 626, Acts of the 73rd
3-24 Legislature, Regular Session, 1993, is amended to read as follows:
3-25 (b) The authority is responsible for the costs of
3-26 purchasing, installing, and maintaining measuring devices, if
3-27 required, for an irrigation well in existence on September 1, 1995
3-28 <1993>.
3-29 SECTION 11. Section 1.41(d), Chapter 626, Acts of the 73rd
3-30 Legislature, Regular Session, 1993, is amended to read as follows:
3-31 (d) On September 1, 1995 <1993>, all unobligated and
3-32 unexpended funds of the Edwards Underground Water District shall be
3-33 transferred to the authority.
3-34 SECTION 12. Section 3.04, Chapter 626, Acts of the 73rd
3-35 Legislature, Regular Session, 1993, is amended to read as follows:
3-36 Sec. 3.04. COOPERATION. All state and local governmental
3-37 entities are hereby directed to cooperate with the authority to the
3-38 maximum extent practicable so that the authority can best be able
3-39 to accomplish the purposes set forth under Article 1. The
3-40 authority shall, on or before January 1, 1997 <1995>, submit a
3-41 report to the governor, lieutenant governor, and speaker of the
3-42 house of representatives evaluating the extent to which other
3-43 entities have cooperated with and assisted the authority.
3-44 SECTION 13. Notwithstanding the effective date provided by
3-45 Section 4.02, Chapter 626, Acts of the 73rd Legislature, Regular
3-46 Session, 1993, Section 1.35 of that Act takes effect March 1, 1996.
3-47 SECTION 14. The importance of this legislation and the
3-48 crowded condition of the calendars in both houses create an
3-49 emergency and an imperative public necessity that the
3-50 constitutional rule requiring bills to be read on three several
3-51 days in each house be suspended, and this rule is hereby suspended,
3-52 and that this Act take effect and be in force from and after its
3-53 passage, and it is so enacted.
3-54 * * * * *