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    1-6              (10)  "Existing user" means a person who has withdrawn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    2-3  be used or withdrawn by existing users or categories of other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   2-12  withdrawn from the aquifer during the historical period from June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.