2003S1647-2 07/08/03


By:  Armbrister                                                   S.B. No. 42 


A BILL TO BE ENTITLED

AN ACT

relating to the powers and duties of the Edwards Aquifer Authority.           
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsection (b), Section 1.08, Chapter 626, Acts 
of the 73rd Legislature, Regular Session, 1993, is amended to read 
as follows:
	(b)  The authority's powers regarding underground water 
apply only to underground water within or withdrawn from the 
aquifer.  This subsection is not intended to allow the authority to 
regulate surface water or land use.
	SECTION 2.  Subsections (b) and (f), Section 1.14, Chapter 
626, Acts of the 73rd Legislature, Regular Session, 1993, are 
amended to read as follows:
	(b)  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)  If the level of the aquifer is equal to or greater than 
650 feet above mean sea level as measured at Well J-17, the 
authority shall [may] authorize withdrawal from the San Antonio 
pool, on an uninterruptible basis, of permitted amounts.  If the 
level of the aquifer is equal to or greater than 845 feet at Well 
J-27, the authority shall [may] authorize withdrawal from the 
Uvalde pool, on an uninterruptible basis, of permitted amounts.  
The authority shall limit the additional withdrawals to ensure that 
springflows are not affected during critical drought conditions.
	SECTION 3.  Subsection (c), Section 1.34, Chapter 626, Acts 
of the 73rd Legislature, Regular Session, 1993, is amended to read 
as follows:
	(c)  A permit holder may lease or transfer permitted water 
rights, but a holder of a permit for irrigation use may not lease or 
transfer more than 50 percent of the irrigation rights initially 
permitted.  The user's remaining irrigation water rights must be 
used in accordance with the original permit and must pass with 
transfer of the irrigated land or be transferred to other land for 
irrigation use only.
	SECTION 4.  This Act takes effect 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.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect on the 91st day after the last day of the 
legislative session.