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.