By Turner of Coleman H.B. No. 1540
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to Edwards Aquifer Authority.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 ARTICLE 1.
1-5 SECTION 1. The Legislature finds that each acre of mature
1-6 pecan trees in Texas requires as much as 6 acre-feet of water per
1-7 year to maintain productivity. The Legislature further finds that
1-8 in the Edwards Aquifer Region that each acre of mature pecan trees
1-9 needs 4 acre-feet of water per year to maintain productivity.
1-10 ARTICLE 2.
1-11 SECTION 2. The Edwards Aquifer Act, Vernon's Civ. St.
1-12 Art. 8280-219, is amended by adding the following provisions to
1-13 Article 1, Section 1.16(a), (b), and (e):
1-14 Sec. 1.16(a). An existing user may apply for an initial
1-15 regular permit by filing a declaration of historical use of
1-16 underground water withdrawn from the aquifer during the historical
1-17 period from June 1, 1972 through June 28, 1996. [May 31, 1993.]
1-18 Sec. 1.16(b). An existing user's declaration of historical
1-19 use must be filed on or before December 30, 1996, [March 1, 1994].,
1-20 on a form prescribed by the board.
1-21 Sec. 1.16(e). To the extent water is available for
1-22 permitting, the board shall issue the existing user a permit for
2-1 withdrawal of an amount of water equal to the user's maximum
2-2 beneficial use of water without waste during any one calendar year
2-3 of the historical period. If a water user does not have historical
2-4 use for a full year, then the authority shall issue a permit for
2-5 withdrawal based on an amount of water that would normally be
2-6 beneficially used without waste for the intended purpose for a
2-7 calendar year. If the total amount of water determined to have
2-8 been beneficially used without waste under this subsection exceeds
2-9 the amount of water available for permitting, the authority shall
2-10 adjust the amount of water authorized for withdrawal under the
2-11 permits proportionately to meet the amount available for
2-12 permitting. An existing irrigation user shall receive a permit for
2-13 not less than two acre-feet a year for each acre of land the user
2-14 actually irrigated in any one calendar year during the historical
2-15 period. Provided, however, that an existing Pecan orchard
2-16 irrigation user shall receive a permit for not less than four
2-17 acre-feet for each acre of pecan trees irrigated in any one
2-18 calendar year during the historical period. An existing user who
2-19 operated a well for three or more years during the historical
2-20 period shall receive a permit for at least the average amount of
2-21 water withdrawn annually during the historical period.
2-22 SECTION 3. EFFECTIVE DATE. This Act takes effect on
2-23 September 1, 2001.