By: Armbrister S.B. No. 1460
A BILL TO BE ENTITLED
AN ACT
1-1 relating to changing certain dates in law related to the management
1-2 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1-6 (10) "Existing user" means a person who has withdrawn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 1.14(e), and (h), Chapter 626, Acts of
1-10 the 73rd Legislature, Regular Session, 1993, are amended to read as
1-11 follows:
1-12 (e) The authority may not allow withdrawals from the aquifer
1-13 through wells drilled after June 1, 1995 <1993>, except additional
1-14 water as provided by Subsection (d) and then on an interruptible
1-15 basis.
1-16 (h) To accomplish the purposes of this article, by June 1,
1-17 1996 <1994>, the authority, through a program, shall implement and
1-18 enforce water management practices, procedures, and methods to
1-19 ensure that, not later than December 31, 2012, the continuous
1-20 minimum springflows of the Comal Springs and the San Marcos Springs
1-21 are maintained to protect endangered and threatened species to the
1-22 extent required by federal law. The authority from time to time as
1-23 appropriate may revise the practices, procedures, and methods. To
2-1 meet this requirement, the authority shall require:
2-2 (1) phased reductions in the amount of water that may
2-3 be used or withdrawn by existing users or categories of other
2-4 users; or
2-5 (2) implementation of alternative management
2-6 practices, procedures, and methods.
2-7 SECTION 3. Section 1.16(a) and (b), Chapter 626, Acts of the
2-8 73rd Legislature, Regular Session, 1993, are amended to read as
2-9 follows:
2-10 (a) An existing user may apply for an initial regular permit
2-11 by filing a declaration of historical use of underground water
2-12 withdrawn from the aquifer during the historical period from June
2-13 1, 1972, through May 31, 1995 <1993>.
2-14 (b) An existing user's declaration of historical use must be
2-15 filed on or before March 1, 1996 <1994>, on a form prescribed by
2-16 the board. An applicant for a permit must timely pay all
2-17 application fees required by the board. An owner of a well used
2-18 for irrigation must include additional documentation of the number
2-19 of acres irrigated during the historical period provided by
2-20 Subsection (a) of this section.
2-21 SECTION 4. Section 1.17(a) and (d), Chapter 626, Acts of the
2-22 73rd Legislature, Regular Session, 1993, is amended to read as
2-23 follows:
2-24 (a) A person who, on the effective date of this article,
2-25 owns a producing well that withdraws water from the aquifer may
3-1 continue to withdraw and beneficially use water without waste until
3-2 final action on permits by the authority, if:
3-3 (1) the well is in compliance with all statutes and
3-4 rules relating to well construction, approval, location, spacing,
3-5 and operation; and
3-6 (2) by March 1, 1996 <1994>, the person files a
3-7 declaration of historical use on a form as required by the
3-8 authority.
3-9 (d) Interim authorization for a well under this section ends
3-10 on:
3-11 (1) entry of a final and appealable order by the
3-12 authority acting on the application for the well; or
3-13 (2) March 1, 1996 <1994>, if the well owner has not
3-14 filed a declaration of historical use.
3-15 SECTION 5. Section 1.18(b), Chapter 626, Acts of the 73rd
3-16 Legislature, Regular Session, 1993, is amended to read as follows:
3-17 (b) The authority may not consider or take action on an
3-18 application relating to a proposed or existing well of which there
3-19 is no evidence of actual beneficial use before June 1, 1995 <1993>,
3-20 until a final determination has been made on all initial regular
3-21 permit applications submitted on or before the initial application
3-22 date of March 1, 1996 <1994>.
3-23 SECTION 6. Section 1.25(a), Chapter 626, Acts of the 73rd
3-24 Legislature, Regular Session, 1993, is amended to read as follows:
3-25 (a) Consistent with Section 1.14 of this article, the
4-1 authority shall develop, by September 1, 1997 <1995>, and
4-2 implement a comprehensive water management plan that includes
4-3 conservation, future supply, and demand management plans. The
4-4 authority may not delegate the development of the plan under
4-5 Section 1.42 of this article.
4-6 SECTION 7. Section 1.26, Chapter 626, Acts of the 73rd
4-7 Legislature, Regular Session, 1993, is amended to read as follows:
4-8 SECTION 1.26. CRITICAL PERIOD MANAGEMENT PLAN. The
4-9 authority shall prepare and coordinate implementation of a plan for
4-10 critical period management on or before September 1, 1997 <1995>.
4-11 The mechanisms must:
4-12 (1) distinguish between discretionary use and
4-13 nondiscretionary use;
4-14 (2) require reductions of all discretionary use to the
4-15 maximum extent feasible;
4-16 (3) require utility pricing, to the maximum extent
4-17 feasible, to limit discretionary use by the customers of water
4-18 utilities; and
4-19 (4) require reduction of nondiscretionary use by
4-20 permitted or contractual users, to the extent further reductions
4-21 are necessary, in the reverse order of the following water use
4-22 preferences:
4-23 (A) municipal, domestic, and livestock;
4-24 (B) industrial and crop irrigation;
4-25 (C) residential landscape irrigation;
5-1 (D) recreational and pleasure; and
5-2 (E) other uses that are authorized by law.
5-3 SECTION 8. Section 1.30(d), Chapter 626, Acts of the 73rd
5-4 Legislature, Regular Session, 1993, is amended to read as follows:
5-5 (d) A permit issued in accordance with this section is
5-6 subordinate to permitted water rights for which applications were
5-7 submitted before May 31, 1995 <1993>, and vested riparian rights.
5-8 SECTION 9. Section 1.31(b), Chapter 626, Acts of the 73rd
5-9 Legislature, Regular Session, 1993, is amended to read as follows:
5-10 (b) The authority is responsible for the costs of
5-11 purchasing, installing, and maintaining measuring devices, if
5-12 required, for an irrigation well in existence on September 1, 1995
5-13 <1993>.
5-14 SECTION 10. Section 1.41(d), Chapter 626, Acts of the 73rd
5-15 Legislature, Regular Session, 1993, is amended to read as follows:
5-16 (d) On September 1, 1995 <1993>, all unobligated and
5-17 unexpended funds of the Edwards Underground Water District shall be
5-18 transferred to the authority.
5-19 SECTION 11. Section 3.04, Chapter 626, Acts of the 73rd
5-20 Legislature, Regular Session, 1993, is amended to read as follows:
5-21 SECTION 3.04. COOPERATION. All state and local governmental
5-22 entities are hereby directed to cooperate with the authority to the
5-23 maximum extent practicable so that the authority can best be able
5-24 to accomplish the purposes set forth under Article 1. The
5-25 authority shall, on or before January 1, 1997 <1995>, submit a
6-1 report to the governor, lieutenant governor, and speaker of the
6-2 house of representatives evaluating the extent to which other
6-3 entities have cooperated with and assisted the authority.
6-4 SECTION 12. Notwithstanding the effective date provided by
6-5 Section 4.02, Chapter 626, Acts of the 73rd Legislature, Regular
6-6 Session, 1993, Section 1.35, of that Act takes effect March 1,
6-7 1996.
6-8 SECTION 13. The importance of this legislation and the
6-9 crowded condition of the calendars in both houses create an
6-10 emergency and an imperative public necessity that the
6-11 constitutional rule requiring bills to be read on three several
6-12 days in each house be suspended, and this rule is hereby suspended,
6-13 and that this Act take effect and be in force from and after its
6-14 passage, and it is so enacted.