Amend CSSB 1952 by adding the following new SECTIONS:
SECTION_____. Subsection (a), Section 1.08, Chapter 626,
Acts of the 73rd Legislature, Regular Session, 1993, is amended to
read as follows:
Sec. 1.08. GENERAL POWERS. (a) The authority has all the
powers, rights, and privileges necessary to manage, conserve,
preserve, and protect the aquifer and to increase the recharge of,
and prevent the waste or pollution of water in, the aquifer,
including the authority to adopt and enforce rules to protect and
preserve water quality, including rules to prevent the pollution of
the aquifer. The authority has all of the rights, powers,
privileges, authority, functions, and duties provided by general
law of this state, including Chapters 50, 51, and 52, Water Code,
applicable to an authority created under Article XVI, Section 59,
of the Texas Constitution. This article prevails over any
provision of general law that is in conflict or inconsistent with
this article regarding the area of the authority's jurisdiction.
SECTION_____. Subsections (b) and (c), 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, beginning January 1,
2008, [for the period ending December 31, 2007] the amount of
permitted withdrawals from the aquifer under regular permits may
not exceed 450,000 acre-feet of water for each calendar year.
(c) Except as provided by Subsections (d), (f), and (h) of
this section and Section 1.26 of this article, beginning January 1,
2010 [for the period beginning January 1, 2008], the amount of
permitted withdrawals from the aquifer under regular permits may
not exceed 400,000 acre-feet of water for each calendar year.
SECTION_____. Section 1.21, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, is amended by amending
Subsection (c) and adding Subsections (d) to read as follows:
(c) If, before [on or after] January 1, 2008, the aggregate
[overall] volume of water authorized to be withdrawn from the
aquifer under regular permits is greater than 450,000 [400,000]
acre-feet a year or greater than the adjusted amount determined
under Subsection (d) of Section 1.14 of this article, not later than
October 1, 2007, the board shall issue an order to be effective on
January 1, 2008, proportionately adjusting the [maximum]
authorized withdrawal amount of each regular permit [shall be
immediately reduced by an equal percentage] as is necessary to
reduce aggregate authorized withdrawals under regular permits
[overall maximum demand] to 450,000 [400,000] acre-feet a year or
the adjusted amount, as appropriate. [The amount reduced may be
restored, in whole or in part, as other appropriate measures are
implemented that maintain overall demand at or below the
appropriate amount.]
(d) If, before January 1, 2010, the aggregate volume of water
authorized to be withdrawn from the aquifer under regular permits
is greater than 400,000 acre-feet a year or greater than the
adjusted amount determined under Section 1.14(d) of this article,
the board, not later than October 1, 2009, shall issue an order to
be effective January 1, 2010, proportionately adjusting the
authorized withdrawal amount of each regular permit as is necessary
to reduce aggregate authorized withdrawals under regular permits to
400,000 acre-feet a year or the adjusted amount, as appropriate.
SECTION_____. (a) Section 36.101, Water Code, is amended by
adding Subsection (d) to read as follows:
(d) Notwithstanding any other law, a water district or
authority with regional management and regulatory authority over
groundwater withdrawals within all or part of at least five
counties may make and enforce rules to protect water quality.
(b) This section prevails over a conflicting provision of any
other Act of the 78th Legislature, Regular Session, 2003,
regardless of the relative dates of enactment of the respective
Acts.