By Shields                                            H.B. No. 1389
         77R5527 SGA-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the classification of the use of water for the
 1-3     irrigation of horticultural products for purposes of regulation by
 1-4     the Edwards Aquifer Authority.
 1-6           SECTION 1. Sections 1.03(11)-(25), Chapter 626, Acts of the
 1-7     73rd Legislature, Regular Session, 1993, are amended to read as
 1-8     follows:
 1-9                 (11)  "Horticultural products" means nursery, floral,
1-10     and greenhouse plants or plant products produced from seeds,
1-11     rootings, cuttings, tissue cultures, seedlings, or other
1-12     propagation materials and grown in the soil or in containers by a
1-13     nursery grower as defined by Section 71.041, Agriculture Code.
1-14                 (12)  "Industrial use" means the use of water for or in
1-15     connection with commercial or industrial activities, including
1-16     manufacturing, bottling, brewing, food processing, scientific
1-17     research and technology, recycling, production of concrete,
1-18     asphalt, and cement, commercial uses of water for tourism,
1-19     entertainment, and hotel or motel lodging, generation of power
1-20     other than hydroelectric, and other business activities.
1-21                 (13) [(12)]  "Irrigation use" means the use of water
1-22     for the irrigation of pastures, [and] commercial crops, including
1-23     orchards, and horticultural products.
1-24                 (14) [(13)]  "Livestock" means animals, beasts, or
 2-1     poultry collected or raised for pleasure, recreational use, or
 2-2     commercial use.
 2-3                 (15) [(14)]  "Municipal use" means the use of water
 2-4     within or outside of a municipality and its environs whether
 2-5     supplied by a person, privately owned utility, political
 2-6     subdivision, or other entity, including the use of treated effluent
 2-7     for certain purposes specified as follows.  The term includes:
 2-8                       (A)  the use of water for domestic use, the
 2-9     watering of lawns and family gardens, fighting fires, sprinkling
2-10     streets, flushing sewers and drains, water parks and parkways, and
2-11     recreation, including public and private swimming pools;
2-12                       (B)  the use of water in industrial and
2-13     commercial enterprises supplied by a municipal distribution system
2-14     without special construction to meet its demands; and
2-15                       (C)  the application of treated effluent on land
2-16     under a permit issued under Chapter 26, Water Code, if:
2-17                             (i)  the primary purpose of the application
2-18     is the treatment or necessary disposal of the effluent;
2-19                             (ii)  the application site is a park,
2-20     parkway, golf course, or other landscaped area within the
2-21     authority's boundaries; or
2-22                             (iii)  the effluent applied to the site is
2-23     generated within an area for which the commission has adopted a
2-24     rule that prohibits the discharge of the effluent.
2-25                 (16) [(15)]  "Order" means any written directive
2-26     carrying out the powers and duties of the authority under this
2-27     article.
 3-1                 (17) [(16)]  "Person" means an individual, corporation,
 3-2     organization, government or governmental subdivision or agency,
 3-3     business trust, estate, trust, partnership, association, and any
 3-4     other legal entity.
 3-5                 (18) [(17)]  "Pollution" means the alteration of the
 3-6     physical, thermal, chemical, or biological quality of any water in
 3-7     the state, or the contamination of any water in the state, that
 3-8     renders the water harmful, detrimental, or injurious to humans,
 3-9     animal life, vegetation, property, or public health, safety, or
3-10     welfare or that impairs the usefulness of the public enjoyment of
3-11     the water for any lawful or reasonable purpose.
3-12                 (19) [(18)]  "Recharge" means increasing the supply of
3-13     water to the aquifer by naturally occurring channels or artificial
3-14     means.
3-15                 (20) [(19)]  "Reuse" means authorized use for one or
3-16     more beneficial purposes of use of water that remains unconsumed
3-17     after the water is used for the original purpose of use and before
3-18     the water is discharged or otherwise allowed to flow into a
3-19     watercourse, lake, or other body of state-owned water.
3-20                 (21) [(20)]  "Underground water" has the meaning
3-21     assigned by Section 52.001, Water Code.
3-22                 (22) [(21)]  "Waste" means:
3-23                       (A)  withdrawal of underground water from the
3-24     aquifer at a rate and in an amount that causes or threatens to
3-25     cause intrusion into the  reservoir of water unsuitable for
3-26     agricultural, gardening, domestic, or stock raising purposes;
3-27                       (B)  the flowing or producing of wells from the
 4-1     aquifer if the water produced is not used for a beneficial purpose;
 4-2                       (C)  escape of underground water from the aquifer
 4-3     to any other reservoir that does not contain underground water;
 4-4                       (D)  pollution or harmful alteration of
 4-5     underground water in the aquifer by salt water or other deleterious
 4-6     matter admitted from another stratum or from the surface of the
 4-7     ground;
 4-8                       (E)  wilfully or negligently causing, suffering,
 4-9     or permitting underground water from the aquifer to escape into any
4-10     river, creek, natural watercourse, depression, lake, reservoir,
4-11     drain, sewer, street, highway, road, or road ditch, or onto any
4-12     land other than that of the owner of the well unless such discharge
4-13     is authorized by permit, rule, or order issued by the commission
4-14     under Chapter 26, Water Code;
4-15                       (F)  underground water pumped from the aquifer
4-16     for irrigation that escapes as irrigation tailwater onto land other
4-17     than that of the owner of the well unless permission has been
4-18     granted by the occupant of the land receiving the discharge; or
4-19                       (G)  for water produced from an artesian well,
4-20     "waste" has the meaning assigned by Section 11.205, Water Code.
4-21                 (23) [(22)]  "Well" means a bored, drilled, or driven
4-22     shaft or an artificial opening in the ground made by digging,
4-23     jetting, or some other method where the depth of the shaft or
4-24     opening is greater than its largest surface dimension, but does not
4-25     include a surface pit, surface excavation, or natural depression.
4-26                 (24) [(23)]  "Well J-17" means state well number
4-27     AY-68-37-203 located in Bexar County.
 5-1                 (25) [(24)]  "Well J-27" means state well number
 5-2     YP-69-50-302 located in Uvalde County.
 5-3                 (26) [(25)]  "Withdrawal" means an act or a failure to
 5-4     act that results in taking water from the aquifer by or through
 5-5     man-made facilities, including pumping, withdrawing, or diverting
 5-6     underground water.
 5-7           SECTION 2. This Act takes effect September 1, 2001.