SRC-TJG S.B. 42 78(1)   BILL ANALYSIS


Senate Research Center   S.B. 42
By: Armbrister
Natural Resources
7/15/2003
As Filed


DIGEST AND PURPOSE 

As proposed, S.B. 42 charges the Edwards Aquifer Authority (authority)
with limiting annual groundwater withdrawal permits to 450,000 acre-feet
per annum for the period beginning January 1, 2008.  This bill also
requires the authority to issue withdrawal permits to applicants that
demonstrate, by convincing evidence, they beneficially used ground water
between 1972 and 1993, and provides most applicants with a guaranteed
minimum permit. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 1.08(b), Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, to provide that this subsection is not
intended to allow the authority to regulate surface water or land use. 
 
SECTION 2.  Amends Sections 1.14(b) and (f), Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, as follows: 

(b)  Provides that except as provided by Subsections (d), (f), and (h) of
this section and Section 1.26 of this article, for the period ending
December 31, 2007, the amount of actual permitted withdrawals from the
aquifer may not exceed 450,000 acre-feet of water for each calendar year. 
 
(f)  Requires, rather than authorizes, the Edwards Aquifer Authority
(authority), if the level of the aquifer is equal to or greater than 650
feet above mean sea level as measured at Well J-17, to authorize
withdrawal from the San Antonio pool, on an uninterruptible basis, of
permitted amounts.  Requires, rather than authorizes, the authority, if
the level of the aquifer is equal to or greater than 845 feet at Well
J-27, to authorize withdrawal from the Uvalde pool, on an uninterruptible
basis, of permitted amounts.  
 
SECTION 3.  Amends Section 1.34(c), Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, to authorize a permit holder to lease
or transfer permitted water rights, but prohibits a holder of a permit for
irrigation use from leasing or transferring more than 50 percent of the
irrigation rights initially permitted.  Requires the user's remaining
irrigation water rights to be used in accordance with the original permit
and to  pass with transfer of the irrigated land or be transferred to
other land for irrigation use only. 
 
SECTION 4.  Effective date: immediately if it receives a vote of
two-thirds of all the members elected to each house, as provided by
Section 39, Article III, Texas Constitution, or the 91st day after the
last day of the legislative session.