By Green H.B. No. 570
77R251 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Edwards Aquifer Authority's fees on water rights
1-3 holders in the Guadalupe River Basin.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1.29(d), Chapter 626, Acts of the 73rd
1-6 Legislature, Regular Session, 1993, is amended to read as follows:
1-7 (d) The commission shall assess equitable special fees on
1-8 [all] downstream water rights holders in the Guadalupe River Basin
1-9 to be used solely to finance the retirement of aquifer rights
1-10 necessary to meet the goals provided by Section 1.21 of this
1-11 article. The fees may not be charged for water rights held for
1-12 hydroelectric generation. Fees assessed under this subsection may
1-13 not exceed one-half of the cost of permit retirements from 450,000
1-14 acre-feet a year, or the adjusted amount determined under
1-15 Subsection (d) of Section 1.14 of this article, for the period
1-16 ending December 31, 2007, to 400,000 acre-feet a year for the
1-17 period beginning January 1, 2008. The authority shall report to
1-18 the commission the estimated costs of the retirements. The amount
1-19 of fees assessed under this subsection shall be determined in
1-20 accordance with rules adopted by the commission for fees under the
1-21 South Texas watermaster program with adjustments as necessary to
1-22 ensure that fees are equitable between users[, including priority
1-23 and nonpriority hydroelectric users]. A downstream water rights
1-24 holder shall pay fees assessed under this subsection to the
2-1 authority. A fee may not be assessed by the commission under this
2-2 subsection on contractual deliveries of water stored in Canyon Lake
2-3 that may be diverted downstream of the San Marcos Springs or Canyon
2-4 Dam. A person or entity making a contractual sale of water stored
2-5 upstream of Canyon Dam may not establish a systemwide rate that
2-6 requires purchasers of upstream-stored water to pay the special fee
2-7 assessed under this subsection.
2-8 SECTION 2. This Act takes effect September 1, 2001.