By Armbrister                                         S.B. No. 1565
         76R9016 MI-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the administration, powers, duties, and operation of
 1-3     the Edwards Aquifer Authority and the management of the Edwards
 1-4     Aquifer.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 1.03(20), Chapter 626, Acts of the 73rd
 1-7     Legislature, Regular Session, 1993, is amended to read as follows:
 1-8                 (20)  "Underground water" means water percolating below
 1-9     the surface of the earth and that is suitable for agriculture,
1-10     gardening, domestic or stock raising purposes, but does not include
1-11     defined subterranean streams or the underflow of rivers [has the
1-12     meaning assigned by Section 52.001, Water Code].
1-13           SECTION 2.  Section 1.14(b), Chapter 626, Acts of the 73rd
1-14     Legislature, Regular Session, 1993, is amended to read as follows:
1-15           (b)  Except as provided by Subsections (d), (f), and (h) of
1-16     this section and Section 1.26 of this article, for the period
1-17     beginning January 1, 2000, and ending December 31, 2007, the amount
1-18     of permitted withdrawals from the aquifer may not exceed 450,000
1-19     acre-feet of water for each calendar year.
1-20           SECTION 3.  Section 1.15(c), Chapter 626, Acts of the 73rd
1-21     Legislature, Regular Session, 1993, is amended to read as follows:
1-22           (c)  The authority may issue regular permits, term permits,
1-23     and emergency permits.  The authority shall, in issuing the initial
1-24     regular permits, reduce to the 450,000 acre-feet per year or other
 2-1     maximum required by this Act the initial regular permits if the
 2-2     maximum beneficial use of water without waste during the historical
 2-3     period exceeds the 450,000 acre-feet per year or other maximum
 2-4     withdrawal limitation required by Section 1.14(b).
 2-5           SECTION 4.  Section 1.16, Chapter 626, Acts of the 73rd
 2-6     Legislature, Regular Session, 1993, is amended by amending
 2-7     Subsection (e) and relettering Subsections (f)-(h) to read as
 2-8     follows:
 2-9           (e)  To the extent water is available for permitting, the
2-10     board shall issue the existing user a permit for withdrawal of an
2-11     amount of water equal to the user's maximum beneficial use of water
2-12     without waste during any one calendar year of the historical
2-13     period.  An existing irrigation user shall receive an initial
2-14     regular permit for the user's maximum beneficial use of water
2-15     without waste, but not less than two acre-feet per year for each
2-16     acre of land the user actually irrigated in any one calendar year
2-17     during the historical period.  To the extent water is available for
2-18     permitting,  and subject to proportionate reduction in accordance
2-19     with Subsection (f), the authority shall issue an existing
2-20     municipal or industrial user a permit for withdrawal of an amount
2-21     of water equal to the user's maximum beneficial use of water
2-22     without waste during any one calendar year of the historical
2-23     period.  If a water user does not have historical use for a full
2-24     year, then the authority shall issue a permit for withdrawal based
2-25     on an amount of water that would normally be beneficially used
2-26     without waste for the intended purpose for a calendar year.
2-27           (f)  If the total amount of water [determined to have been
 3-1     beneficially used without waste under this subsection] exceeds the
 3-2     amount of water available for permitting, the authority shall
 3-3     adjust the amount of water authorized for withdrawal under the
 3-4     permits proportionately to meet the amount available for permitting
 3-5     as follows:
 3-6                 (1)  an [. An] existing irrigation user shall receive a
 3-7     permit for not less than two acre-feet a year for each acre of land
 3-8     the user actually irrigated in any one calendar year during the
 3-9     historical period; and
3-10                 (2)  the authority shall adjust the amount of water
3-11     authorized for withdrawal for all other [. An] existing users
3-12     proportionately to meet the amount of water available for
3-13     permitting [user who has operated a well for three or more years
3-14     during the historical period shall receive a permit for at least
3-15     the average amount of water withdrawn annually during the
3-16     historical period].
3-17           (g) [(f)]  The board by rule shall consider the equitable
3-18     treatment of a person whose historic use has been affected by a
3-19     requirement of or participation in a federal program.
3-20           (h) [(g)]  The authority shall issue an initial regular
3-21     permit without a term, and an initial regular permit remains in
3-22     effect until the permit is abandoned, cancelled, or retired.
3-23           (i) [(h)]  The board shall notify each permit holder that the
3-24     permit is subject to limitations as provided by this article.
3-25           SECTION 5.  Section 1.29(e), Chapter 626, Acts of the 73rd
3-26     Legislature, Regular Session, 1993, is amended to read as follows:
3-27           (e)  In developing an equitable fee structure under this
 4-1     section, the authority may establish different fee rates on a per
 4-2     acre-foot basis for different types of use.  The fees must be
 4-3     equitable between types of uses.  The fee rate for agricultural use
 4-4     shall be based on the volume of water withdrawn for agricultural
 4-5     purposes and may not be more than 20 percent of the fee rate for
 4-6     municipal use.  The authority shall assess the fees on the amount
 4-7     of water a permit holder is authorized to withdraw under the
 4-8     permit.
 4-9           SECTION 6.  Section 1.31(a), Chapter 626, Acts of the 73rd
4-10     Legislature, Regular Session, 1993, is amended to read as follows:
4-11           (a)  Not later than December 31, 1999, the [The] owner of a
4-12     nonexempt well that withdraws water from the aquifer shall install
4-13     and maintain a measuring device approved by the authority designed
4-14     to indicate the flow rate and cumulative amount of water withdrawn
4-15     by that well.  This requirement may be waived by the authority on
4-16     written request by a well owner to use an alternative method of
4-17     determining the amount of water withdrawn.
4-18           SECTION 7.  The importance of this legislation and the
4-19     crowded condition of the calendars in both houses create an
4-20     emergency and an imperative public necessity that the
4-21     constitutional rule requiring bills to be read on three several
4-22     days in each house be suspended, and this rule is hereby suspended,
4-23     and that this Act take effect and be in force from and after its
4-24     passage, and it is so enacted.