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1-16     underground water withdrawn from the aquifer during the historical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.