By Puente H.B. No. 3042
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the administration, powers, duties and operations of
1-3 the Edwards Aquifer Authority and the management of the Edwards
1-4 Aquifer; and amending Chapter 626, Acts of the 73rd Legislature,
1-5 Regular Session, 1993.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 1.08, Subsection (c), Article 626, Acts
1-8 of the 73rd Legislature, regular session, 1993 is amended to read
1-9 as follows:
1-10 (c) The authority and local governments with pollution
1-11 control powers provided under Subchapters D and E, Chapter 26,
1-12 Water Code, in order to prevent pollution and enforce water quality
1-13 standards in the counties included within the authority's
1-14 boundaries and within a buffer zone that includes all of the area
1-15 less than five miles outside of those counties, shall apply
1-16 pollution control regulations equally and uniformly throughout the
1-17 area within the counties and the buffer zone. The buffer zone does
1-18 not include the territory within a water management district
1-19 created under Chapter 654, Acts of the 71st Legislature, Regular
1-20 Session, 1989. Nothing in this article is intended to limit or
1-21 reduce the authority granted to a local government to enact more
1-22 restrictive measures regarding pollution control within its
1-23 territorial and extra-territorial jurisdiction or limit or reduce
2-1 any other authority granted by the Local Government Code of the
2-2 state.
2-3 SECTION 2. Section 1.12, Subsection (a) and (b), Chapter
2-4 626, Acts of the 73rd Legislature, 1993, are amended to read as
2-5 follows:
2-6 (a) The board is subject to review under Chapter 325,
2-7 Government Code (Texas Sunset Act), but may not be abolished under
2-8 that Act. The review shall be conducted as if the board were
2-9 scheduled to be abolished September 1, 1999 <2005>.
2-10 (b) Unless members of the board are continued in office
2-11 after the review, their membership expires September 1, 1999
2-12 <2005>.
2-13 SECTION 3. Section 1.14, Article 1, Chapter 626, Acts of the
2-14 73rd Legislature, Regular Session, 1993, amending subsection (h)
2-15 and adding a new subsection (i) to read as follows:
2-16 (h) To accomplish the purposes of this article, by June 1,
2-17 1996 <June 1, 1994>, the authority, through a program, shall
2-18 implement and enforce water management practices, procedures and
2-19 methods to ensure that, not later than December 31, 2012, the
2-20 continuous minimum springflows of the Comal Springs and the San
2-21 Marcos Springs are maintained to protect endangered and threatened
2-22 species to the extent required by federal law. The authority from
2-23 time to time as appropriate may revise the practices, procedures,
2-24 and methods. To meet this requirement the authority shall require:
2-25 (1) phased reductions in the amount of water that may
3-1 be used or withdrawn by existing users or categories of other
3-2 users; or
3-3 (2) implementation of alternative management
3-4 practices, procedures and methods.
3-5 (i) For purposes of this Act, the term "permitted amounts"
3-6 shall mean the total amount of withdrawals made pursuant to regular
3-7 permits issued under Section 1.16 or Section 1.18 of this Act.
3-8 SECTION 4. Section 1.16, Subsection (b), Article 1, Chapter
3-9 626, Acts of the 73rd Legislature, Regular Session, is amended to
3-10 read as follows:
3-11 (b) An existing user's declaration of historical use must be
3-12 filed on or before March 1, 1996 <March 1, 1994>, on a form
3-13 prescribed by the board. An applicant for a permit must timely pay
3-14 all application fees required by the board. An owner of a well
3-15 used for irrigation must include additional documentation of the
3-16 number of acres irrigated during the historical period provided by
3-17 Subsection (a) of this section.
3-18 SECTION 5. Section 1.17, Subsection (a), Article 1, Chapter
3-19 626, Acts of the 73rd Legislature, Regular Session, is amended to
3-20 read as follows:
3-21 (a) A person, who, on the effective date of this article,
3-22 owns a producing well that withdraws water from the aquifer may
3-23 continue to withdraw and beneficially use after without waste until
3-24 final action on permits by the authority, if:
3-25 (1) the well is in compliance with all statutes and
4-1 rules relating to well construction, approval, location, spacing,
4-2 and operation; and
4-3 (2) March 1, 1996 <by March 1, 1994>, that person
4-4 files a declaration of historical use on a form as required by the
4-5 authority.
4-6 SECTION 6. Section 1.18, Subsection (b), Article 1, Chapter
4-7 626, Acts of the 73rd Legislature, Regular Session, is amended to
4-8 read as follows:
4-9 (b) The authority may not consider or take action on an
4-10 application relating to a proposed or existing well of which there
4-11 is no evidence of actual beneficial use before June 1, 1993, until
4-12 a final determination has been made on all initial regular permit
4-13 applications submitted on or before the initial application of
4-14 March 1, 1996 <March 1, 1994>.
4-15 SECTION 7. Section 1.25, Subsection (a), Article 1, Chapter
4-16 626, Acts of the 73rd Legislature, Regular Session, is amended to
4-17 read as follows:
4-18 (a) Consistent with Section 1.14 of this article, the
4-19 authority shall develop, by September 1, 1997 <September 1, 1995>,
4-20 and implement a comprehensive water management plan that includes
4-21 conservation, future supply, and demand management plans. The
4-22 authority may not delegate the development of the plan under
4-23 Section 1.42 of this article.
4-24 SECTION 8. Section 1.26, Article 1, Chapter 626, Acts of the
4-25 73rd Legislature, Regular Session, 1993, is amended to read as
5-1 follows:
5-2 The authority shall prepare and coordinate implementation of
5-3 a plan for critical period management on or before September 1,
5-4 1997 <1995>. The mechanisms must:
5-5 (1) distinguish between discretionary use and
5-6 nondiscretionary use to the maximum extent feasible;
5-7 (2) require reductions of all discretionary use to the
5-8 maximum extent feasible;
5-9 (3) require utility pricing, to the maximum extent
5-10 feasible, to limit discretionary use by the customers of water
5-11 utilities;
5-12 (4) provide for exemptions for nondiscretionary use
5-13 for United States Department of Defense missions and other uses for
5-14 which the authority finds exemption appropriate; and
5-15 (5) <(4)> require reduction of nondiscretionary use
5-16 other than exempt use by permitted or contractual users, to the
5-17 extent further reductions are necessary, in the reverse order of
5-18 the following water use preferences;
5-19 (A) municipal, domestic, and livestock:
5-20 (B) industrial and crop irrigation;
5-21 (C) residential landscape irrigation;
5-22 (D) recreational and pleasure; and
5-23 (E) other uses that are authorized by law.
5-24 SECTION 9. Section 1.27, Article 1, Chapter 626, Acts of the
5-25 73rd Legislature, Regular Session, 1993 is amended to read as
6-1 follows:
6-2 Sec. 1.27. EVALUATION OF AUGMENTATION METHODS. (a) The
6-3 authority shall collect information on and evaluate the following
6-4 augmentation methods:
6-5 (1) pumping aquifer water from various locations in
6-6 the Edwards Aquifer into a streambed at, below, above, adjacent to,
6-7 or in the area of the springs;
6-8 (2) pumping aquifer water from various locations in
6-9 the Edwards Aquifer and injecting or percolating the water back
6-10 into the acquifer in locations near or at the springs, or in
6-11 distant flowpaths that result in waters issuing from the springs;
6-12 (3) recirculating the waters of the San Marcos and
6-13 Comal rivers, whether derived from augmented flow or otherwise,
6-14 from points below, above, adjacent to, or in the area of the
6-15 springs;
6-16 (4) providing enhanced recharge to the Edwards Aquifer
6-17 by percolation or injection from diversions of water from streams
6-18 above or crossing the aquifer, including the Guadalupe River,
6-19 Blanco River, Cibolo Creek, Medina River, San Antonio River, Frio
6-20 River, Dry Frio River, Nueces River, or tributaries of those
6-21 streams, and delivering water from those sources to a streambed at,
6-22 below, above, adjacent to, or in the area of the springs;
6-23 (5) providing enhanced recharge to the Edwards Aquifer
6-24 by percolation or injection from new or additional diversions of
6-25 water from streams outside of the aquifer area, using both
7-1 intermittent and firm waters, and delivering water from those
7-2 sources to a streambed at, below, above, adjacent to, or in the
7-3 area of the springs;
7-4 (6) providing enhanced recharge to the Edwards Aquifer
7-5 at various sites, including Medina Lake, Upper Cibolo Creek, Hueco
7-6 Springs, nearby recharge sites for San Marcos Springs, nearby
7-7 recharge sites for Comal Springs, and areas of the Edwards Aquifer
7-8 or other aquifers where injection wells or natural percolation into
7-9 an aquifer may be considered;
7-10 (7) providing for elevation of the existing dams
7-11 constructed in the areas below the springs' discharge and
7-12 installing flow control valves to regulate spring discharge during
7-13 periods of high aquifer levels to make more water available for
7-14 release in time of drought;
7-15 (8) providing enhanced recharge by percolation or
7-16 injection to the Edwards Aquifer from water stored in other
7-17 aquifers, or providing water to the streambeds in the area of the
7-18 springs from waters stored in other aquifers;
7-19 (9) adding recharge to the Edwards Aquifer from
7-20 existing reservoirs lying above, over, or near the Edwards Aquifer,
7-21 including Canyon Lake and Medina Lake;
7-22 (10) adding recharge by injection or percolation at
7-23 places in or above the Edwards Aquifer, whether in the Edwards
7-24 Aquifer itself or in other aquifers that flow waters into the
7-25 Edwards Aquifer, where the residency time of waters is sufficiently
8-1 long to give benefits to aquifer levels and spring flow over a long
8-2 period of time;
8-3 (11) other augmentation methods that may be suggested
8-4 by a consultant hired by the authority; and
8-5 (12) any combination of the listed augmentation
8-6 methods.
8-7 (b) The evaluations required by Subsection (a) of this
8-8 section shall include for each augmentation method considered a
8-9 description or estimate of:
8-10 (1) engineering requirements;
8-11 (2) economic costs;
8-12 (3) environmental consequences; and
8-13 (4) reliability of each method in providing for the
8-14 maintenance of numbers, reproductive capacity, and distribution
8-15 range of endangered species under all conditions, including a
8-16 repeat of the drought of record.
8-17 (c) The authority, in seeking information on augmentation
8-18 methods, may consult with and consider augmentation methods
8-19 designed to maintain endangered species suggested by:
8-20 (1) government agencies, including:
8-21 (A) the Texas Water Development Board;
8-22 (B) the Edwards Underground Water District;
8-23 (C) the Texas Natural Resource Conservation
8-24 Commission;
8-25 (D) the Parks and Wildlife Department;
9-1 (E) the United States Geological Survey;
9-2 (F) the United States Fish and Wildlife Service;
9-3 (G) the San Antonio Water System;
9-4 (H) the City of San Antonio;
9-5 (I) the San Antonio River Authority
9-6 (J) the Guadalupe-Blanco River Authority; and
9-7 (K) the Nueces River Authority; and
9-8 (2) private organizations and individuals, including
9-9 environmental organizations and members of the public who
9-10 participate in public hearings held under Subsection (d) of this
9-11 section.
9-12 (d) In collecting information on augmentation methods as
9-13 required by this section, the Authority shall hold at least one
9-14 public hearing in each county within the Authority.
9-15 (e) For purposes of this Section, the term "Springs" shall
9-16 mean the San Marcos Springs and the Comal Springs.
9-17 Sec. 1.271. CONSTRUCTION OF DEMONSTRATION AUGMENTATION
9-18 PROJECTS. (a) The authority may construct augmentation projects
9-19 to demonstrate the augmentation methods the authority determines to
9-20 be the most reliable and feasible for maintaining the numbers,
9-21 reproductive capacity, and distribution range of endangered
9-22 species.
9-23 Sec. 1.272. PREPARATION OF LONG-TERM PLAN. (a) The
9-24 authority shall prepare a plan or plans for use of augmentation and
9-25 recharge projects to maximize the long-term sustainable yield of
10-1 the Edwards Aquifer.
10-2 (b) A plan prepared under this section shall:
10-3 (1) describe or estimate:
10-4 (A) economic costs of implementing the plan;
10-5 (B) engineering requirements;
10-6 (C) environmental impacts; and
10-7 (D) reliability of the plan for maintaining
10-8 endangered species under all conditions, including a repeat of the
10-9 drought of record; and
10-10 (2) compare the plan with other proposed plans for
10-11 providing water to maintain endangered species by means other than
10-12 augmentation.
10-13 (c) Comparisons prepared under Subsection (b)(2) of this
10-14 section:
10-15 (1) shall include the descriptions or estimates
10-16 required by Subsection (b)(1) of this section;
10-17 (2) shall include any plan proposed by a state or
10-18 federal agency or court; and
10-19 (d) Not later than August 31, 1999, the authority shall
10-20 provide copies of a completed plan to the governor, the lieutenant
10-21 governor the speaker of the house of representatives, and the Texas
10-22 Water Development Board. The authority shall make copies of the
10-23 plan available on request to state and federal agencies and courts,
10-24 to members of congress, and to the public.
10-25 <Sec. 1.27. RESEARCH. (a) The authority shall complete
11-1 research on the technological feasibility of springflow enhancement
11-2 and yield enhancement that, immediately before September 1, 1993,
11-3 is being conducted by the Edwards Underground Water District.>
11-4 <(b) The authority may conduct research to:>
11-5 <(1) augment the springflow, enhance the recharge, and
11-6 enhance the yield of the aquifer;>
11-7 <(2) monitor and protect water quality;>
11-8 <(3) manage water resources, including water
11-9 conservation, water use and reuse, and drought management measures;
11-10 and>
11-11 <(4) develop alternative supplies of water for users.>
11-12 <(c) The authority may schedule demonstration projects for
11-13 purposes of Subsection (b)(1) of this section.>
11-14 <(d) The authority may contract with other persons to conduct
11-15 research.>
11-16 SECTION 10. Section 1.33, Article 1, Chapter 626, Acts of
11-17 the 73rd Legislature, Regular Session, 1993 is amended to read as
11-18 follows:
11-19 WELL PERMITTING AND METERING EXEMPTION. (a) A well that
11-20 produces 25,000 gallons of water a day or less for domestic or
11-21 livestock use is exempt from permitting and metering requirements.
11-22 (b) Exempt wells must register with the authority or with an
11-23 underground water conservation district in which the well is
11-24 located.
11-25 (c) A well within or serving a subdivision requiring
12-1 platting does not qualify for an exempt use.
12-2 SECTION 11. Section 1.41, Subsection (d), Article 1, Chapter
12-3 626, Acts of the 73rd Legislature, Regular Session, is amended to
12-4 read as follows:
12-5 (d) On the earlier of thirty (30) days after the effective
12-6 date of this article or September 1, 1995, <September 1, 1993> all
12-7 unobligated and unexpended funds of the Edwards Underground Water
12-8 District shall be transferred to the authority.
12-9 SECTION 12. Article 1, Chapter 626, Acts of the 73rd
12-10 Legislature, Regular Session, 1993 is amended by adding Section
12-11 1.46 to read as follows:
12-12 Sec. 1.46. REFUGIA. (a) The authority shall develop and
12-13 maintain a plan for removing to refugia endangered species from the
12-14 Comal or San Marcos springs in the event of an emergency presented
12-15 by low water quantity or quality that may threaten the survival of
12-16 the species. The refugia must be designed to protect members of
12-17 the species threatened by the emergency until the members of their
12-18 offspring may be reintroduced to the Comal or San Marcos springs
12-19 ecosystem.
12-20 (b) The plan must be designed to protect at least the
12-21 following species:
12-22 (1) San Marcos Gambusia (Gambusia georgei);
12-23 (2) Fountain Darter (Etheostoma fonticola)
12-24 (3) San Marcos Salamander (Eurycea nana);
12-25 (4) Texas Wild-rice (Zizania texana); and
13-1 (5) Texas Blind Salamander (Typhlomolge rathbuni).
13-2 (c) In developing the plan, the authority shall:
13-3 (1) consider the potential effects long-term drying of
13-4 the ecosystem may have on plans for reintroduction of members of
13-5 the species to the ecosystem; and
13-6 (2) consult the United States Fish and Wildlife
13-7 Services for guidance.
13-8 SECTION 13. Section 3.03, Article 3, Chapter 626, Acts of
13-9 the 73rd Legislature, Regular Session, is deleted in its entirety.
13-10 <Sec. 3.03. SUNSET COMMISSION REVIEW OF GUADALUPE BLANCO
13-11 RIVER AUTHORITY. (a) The board of directors of the
13-12 Guadalupe-Blanco River Authority is subject to review under Chapter
13-13 325, Government Code (Texas Sunset Act), but may not be abolished
13-14 under that Act. The review shall be conducted as if the board of
13-15 directors were scheduled to be abolished September 1, 1995.>
13-16 <(b) Unless after the review the legislature continues the
13-17 members of the board of directors in office, the terms of the board
13-18 members expire September 1, 1995.>
13-19 <(c) If the terms of the board of directors expire under
13-20 Subsection (b) of this section, a new board of directors shall be
13-21 appointed and confirmed as provided by Chapter 75, Acts of the 73rd
13-22 Legislature, 1st Called Session, 1993, with three members appointed
13-23 to terms expiring February 1, 1997, three to terms expiring
13-24 February 1, 1999, and three to terms expiring February 1, 2001. A
13-25 member whose term expires under Subsection (b) of this section is
14-1 not eligible for reappointment under this subsection.>
14-2 SECTION 14. Section 3.04, Article 3, Chapter 626, Acts of
14-3 the 73rd Legislature, Regular Session, is amended to read as
14-4 follows:
14-5 Section 3.03 <Section 3.04> COOPERATION. All state and
14-6 local governmental entities are hereby directed to cooperate with
14-7 the authority to the maximum extent practicable so that the
14-8 authority can best be able to accomplish the purposes set forth
14-9 under Article 1. The authority shall, on or after January 1, 1997,
14-10 <January 1, 1995> submit a report to the governor, lieutenant
14-11 governor, and speaker of the house of representatives evaluating
14-12 the extent to which other entities have cooperated with and
14-13 assisted the authority.
14-14 SECTION 15. Section 4.02, Article 4, Chapter 626, Acts of
14-15 the 73rd Legislature, Regular Session, is amended to read as
14-16 follows:
14-17 EFFECTIVE DATES. This Act takes effect upon passage,
14-18 <September 1, 1993> except Section 1.35 of Article 1 takes effect
14-19 March 1, 1996, and except Article 2 which was effective September
14-20 1, 1993.
14-21 SECTION 16. The importance of this legislation and the
14-22 crowded condition of the calendars in both house create an
14-23 emergency and an imperative public necessity that the
14-24 constitutional rule requiring bills to be read on three several
14-25 days in each house be suspended.