SRC-AMY S.B. 1914 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1914
By: Wentworth
Natural Resources
5/15/2003
As Filed


DIGEST AND PURPOSE 

As proposed, S.B. 1914 grants the Edwards Aquifer Authority the powers and
duties to manage and protect the Edwards Aquifer including provisions
regarding groundwater withdrawals, permitting, aquifer management fees,
recharge projects, demand management and transfers, the board of directors
of the Edwards Aquifer Authority, and revenue bonding authority. 

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 1.03, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, and Chapter 966, Acts of the 77th
Legislature, Regular Session, 2001, by adding Subsection (28) to define
"water supply facility." 

SECTION 2.  Amends Section 1.09, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, as amended by Chapter 261, Acts of the
74th Legislature, Regular Session, 1995, by adding Subsections (i) and
(j), as follows: 

(i)  Requires a person, to be eligible to be elected or appointed as a
voting member of the board, to have resided continuously in the authority
single-member election district from which the office is elected for six
months immediately preceding the 60th day prior to the general election
date for a candidate for election and the date the appointment is made for
an appointee to office. 

(j)  Authorizes a person who files with the authority an application to be
a candidate for or appointed to the office of director of the board for a
single-member election district to request from the Edwards Aquifer
Authority (authority) a written certification of the district in which the
residence address identified in the application is located.  Requires the
certification request to be in writing on a form provided by the
authority. 

(1)  Requires the authority, upon receipt of a certification request,
within 10 days, to consult with appropriate county election officials and
review public records to determine in which single-member election
district the residence address is located.  Requires the general manager,
or designated representative, upon making the determination, to issue a
written certification stating the county and authority district in which
the residence address on the candidacy or appointment application is
located and the date of issuance of the certification. 

(2) Requires the authority, in the event it is unable to reasonably
determine the location of a residence address within a district, or
otherwise provide the requested information, to so advise the requestor. 

(3) Requires all certification requests to be filed with the authority no
later than the close of business of the authority on the 10th day
preceding the last day to file an application for a place on the ballot
with the authority, for a candidate for  election or the last day to file
an application to be appointed to fill a vacancy with the authority, for
an appointee to office. 

(4)  Prohibits the authority from processing any certification request
filed with the authority after the time periods set out in Subsection
(j)(3). 

(5)  Requires the candidate, in the event a candidate for election or
appointment receives a certification from the authority which was
incorrect at the time it was made, and the candidate desires to assume the
office, having otherwise qualified for election or appointment as an
authority director, no later than 60 days from the date the candidate was
made aware of such error in certification, to establish and maintain
residency in the district from which the candidate was elected or
appointed.  Requires, in the event the candidate fails to establish
residency within 60 days as required, the candidate to be considered
ineligible, the office to be declared vacant, and the resulting vacancy to
be filled in the manner prescribed to fill vacancies in the office. 

SECTION 3.  Repealer: Section 1.094(c), Chapter 163, Acts of the 76th
Legislature, Regular Session, 1999. 

SECTION 4.  Amends Section 1.11(f), Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, and Chapter 966, Acts of the 77th
Legislature, Regular Session, 2001, to authorize the authority to contract
with a person who uses water from the aquifer for the authority or that
person to own, finance, design, construct, operate, or maintain water
supply facilities.  Deletes text referring to a prohibition against
management fees or special fees being used for purchasing or operating
these facilities. Deletes a definition for "water supply facility." 

SECTION 5.  Amends Sections 1.14(b)-(h), Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, as follows: 

(b)  Prohibits the amount of permitted withdrawals from the aquifer from
exceeding 550,000 acre-feet of water, rather than 450,000 acre-feet of
water, for each calendar year, except as provided by Subsections (c), (e),
and (g) of this section and Section 1.26 of this article, beginning
January 1, 2005. Deletes text referring to limits of withdrawals in a
specific time period. 

(c) Redesignates this subsection from Subsection (d).  Authorizes the
authority, in consultation with appropriate state and federal agencies,
if, through studies and implementation of water management strategies,
including conservation, springflow augmentation, diversions downstream of
the springs, reuse, supplemental recharge, conjunctive management of
surface and subsurface water, and drought management plans, programs,
practices, procedures, or methods, of any kind, the authority determines
that the amount of water available for permitting under Subsection (b) of
this section should be changed to more effectively accomplish the purposes
of this article, to review and, by order, change the amount of water
available for permitting under Subsection (b) of this section.  Deletes
text referring to additional available aquifer supplies and increasing the
maximum amount of withdrawals provided by this section and setting a
different maximum amount of withdrawals. Requires the authority, beginning
September 1, 2006, and every four years thereafter, to determine whether
the amount of water available for permitting under Subsection (b) of this
section should be changed pursuant to this subsection.  Requires the
authority, if the requirements of Subsection (a) have not all been met, to
implement new requirements to assure compliance with Subsection (a), by
March 1 of the succeeding year. 

(d) Redesignates this subsection from Subsection (e).  Prohibits the
authority, unless made pursuant to the transfer of a regular, term,
emergency, monitoring, or recharge recovery permit, the transfer of
interim authorization, or an exempt well, from allowing withdrawals from
the aquifer through wells drilled after June 1, 1993.  Deletes text
referring to an exception to the prohibition. 
 
(e) Redesignates this subsection from Subsection (f).  Requires, rather
than authorizes, the 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 withdrawals pursuant to initial regular permits, rather than
withdrawals, from the San Antonio pool, on an uninterruptible basis.
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
withdrawals pursuant to initial regular permits from the Uvalde pool, on
an uninterruptible basis. Authorizes the authority, if the level of the
aquifer is less than 650 feet above mean sea level as measured at Well
J-17, pursuant to Section 1.26 of this article, to interrupt withdrawals
pursuant to initial regular permits from the San Antonio pool.  Authorizes
the authority, if the level of the aquifer is less than 845 feet at Well
J-27, pursuant to Section 1.26 of this article, to interrupt withdrawals
pursuant to initial regular permits from the Uvalde pool.  Requires the
authority, pursuant to Section 1.26 of this article, to require
interruptions in withdrawals, rather than  limit the additional
withdrawals, or require implementation of programs, practices, procedures,
or methods, pursuant to Subsection (g) of this section, to protect, rather
than ensure, springflows at the Comal Springs and San Marcos Springs
during demand management and critical period management, rather than
drought, conditions. 

(f) Redesignates this subsection from Subsection (g).

(g) Redesignates this subsection from Subsection (h).  Requires the
authority, by June 1, 2005, rather than 1994, to implement and enforce
water management programs, practices, procedures, or methods to ensure
that, not later than December 31, 2012, the continuous minimum springflows
of the Comal Springs and the San Marcos Springs are maintained to protect
endangered and threatened species to the extent required by federal law.
Deletes text referring to accomplishing the purposes of this article.
Authorizes the authority from time to time as appropriate to revise the
programs, practices, procedures, or methods.  Requires the authority, to
meet this requirement, to require, pursuant to Section 1.26 of this
article, phased reductions in the amount of water that may be used or
withdrawn by existing users or categories of other users, or
implementation of alternative management programs, practices, procedures,
or methods. 

SECTION 6.  Amends Section 1.15(b), Chapter 626 Acts of the 73rd
Legislature, Regular Session, 1993, to include a reference to Section
1.331 of this article as an exception to the prohibition against a person
withdrawing water from the aquifer or beginning construction of a well or
other works designed for the withdrawal of water from the aquifer without
obtaining a permit from the authority. 

SECTION 7.  Amends Sections 1.16(e)-(h), Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, as follows: 

(e)  Requires the board of directors of the Edwards Aquifer Authority
(board), to the extent water is available for permitting, to issue an
existing user a regular permit for withdrawal of an amount of water equal
to the user's maximum beneficial use of water without waste during any one
calendar year of the historical period.  Requires the authority, if an
existing user does not have historical use for a full year, to set the
user's maximum beneficial use of water without waste as the amount of
water that would normally be beneficially used without waste for the
intended purpose for a calendar year. Deletes text referring to issuing a
permit for withdrawal. 

(f) Creates this subsection from existing text.  Requires the authority,
if the total amount of water determined to have been beneficially used
without waste under Subsection (e) of this section exceeds the amount of
water available for permitting under Subsection (b) of Section 1.14 of
this article, to proportionately adjust the amount of water authorized for
withdrawal under regular permits to meet the amount available for
permitting.  Prohibits an existing user, except as provided by Subsection
(b) of Section 1.21 of this article, from being proportionately adjusted
below certain amounts. 

(g)  Requires the authority, except as provided by Subsection (b) of
Section 1.21 of this  article, in the event a proportional adjustment
results in an amount of water authorized for withdrawal under a regular
permit that is less than an applicable minimum regular permit amount
specified in Subsection (f) of this section, to restore the amount to be
equal to the minimum regular permit amount. 

(h) Redesignates this subsection from Subsection (f).

(i) Redesignates this subsection from Subsection (g). 

(j) Redesignates this subsection from Subsection (h).

SECTION 8.  Amends Section 1.21, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, as follows: 

SECTION 1.21.  New heading: RETIREMENT OF PERMITS OR APPLICATIONS.  (a)
Requires the authority to prepare and implement a plan for reducing, by
January 1, 2005, rather than 2008, the maximum annual volume of water
authorized to be withdrawn from the aquifer under regular permits to
550,000, rather than 400,000, acre-feet a year or the adjusted amount
determined under Subsection (c), rather than (d) of Section 1.14 of this
article.  Requires the plan to be enforceable and to include measures to
retire all or part of regular permits or applications for initial regular
permits, or other water management measures designed to achieve the
required reductions.  

(b)  Requires the authority, if, on or after January 1, 2005, rather than
2008, the overall volume of water authorized to be withdrawn from the
aquifer under regular permits is greater than 550,000 acre-feet a year or
greater than the adjusted amount determined under Subsection (c) of
Section 1.14 of this article, to immediately proportionately adjust the
maximum authorized withdrawal amount of each regular permit as determined
under Subsection (e) of Section 1.16 of this article, rather than to be
immediately reduced by an equal percentage, as is necessary to reduce
aggregate, rather than aggregate overall, maximum authorized withdrawals
under regular permits to 550,000 acre-feet a year or the adjusted amount,
as appropriate.  Requires the authority, in the event a proportional
adjustment results in an amount of water authorized for withdrawal under a
regular permit that is less than an applicable minimum regular permit
amount specified in Subsection (f) of Section 1.16 of this article, to, in
accordance with Section 1.29 of this article, compensate the permittee for
the amount of the authorized withdrawal below the minimum regular permit
amount that was proportionately adjusted in order to meet 550,000
acre-feet a year, or as that amount may be adjusted under Subsection (c)
of Section 1.14 of this article. Authorizes the amount reduced to be
restored, in whole or in part, as other appropriate measures are
implemented that maintain overall demand at or below the appropriate
amount.  Makes conforming changes. 

SECTION 9.  Amends Section 1.26, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, as follows: 
 
SECTION 1.26.  New heading: DEMAND MANAGEMENT AND CRITICAL PERIOD
MANAGEMENT PLAN.  (a)  Requires the authority to prepare and coordinate
implementation of a plan for demand management and critical period
management. Requires the mechanisms to meet certain conditions.  Deletes
existing text relating to implementing a certain plan on or before
September 1, 1995. 

(b)  Requires the board to adopt measures to ensure that authorized
withdrawals from non-exempt wells are reduced to 350,000 acre-feet,
annualized, if certain conditions are met. 

(c)  Requires the demand management and critical period plan required to
be prepared and implemented by this section to be adopted by the board no
later than  September 1, 2004.  Requires the board, in the event this
deadline is not met, irrespective of whether a demand management or
critical period is in effect, to issue an order temporarily interrupting
20 percent of the amount of water authorized for withdrawal under each
regular permit until the board has adopted the plan. 

SECTION 10.  Amends Section 1.28(b), Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, to authorize the authority to issue
revenue bonds for certain purposes. 

SECTION 11.  Amends Section 1.29, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993 and Chapter 966, Acts of the 77th
Legislature, Regular Session, 2001, as follows: 

(a)  Requires the cost of permit or application retirements under Section
1.21 of this article or the adjusted amount under Subsection (c) of
Section 1.14 of this article for the period ending December 31, 2004, to
be borne solely by users of the aquifer and to be paid for by aquifer
management fees assessed under Subsections (b) and (c) of this section.
Deletes existing text relating to the cost of reducing withdrawals.  Makes
conforming changes. 

(b)  Authorizes aquifer management fees to additionally be used for the
repayment of revenue bonds issued by the authority pursuant to Section
1.28 of this article.  Deletes existing Subsections (c), (d) and (h)
relating to certain special fees. 

(c)  Redesignates from existing Subsection (e).

(d)  Redesignates from existing Subsection (f).

(e)  Redesignates from existing Subsection (g).

(f)   Redesignates from existing Subsection (i).  Makes a conforming
change. 

SECTION 12.  Amends Chapter 626, Acts of the 73rd Legislature, Regular
Session, 1993, as amended by Chapters 261 and 524, Acts of the 74th
Legislature, Regular Session, 1995, Chapter 163, Acts of the 76th
Legislature, Regular Session, 1999, and Chapters 966 and 1192, Acts of the
77th Legislature, Regular Session, 2001, by adding Section 1.331, as
follows: 

SECTION 1.331  EXEMPTION FOR FEDERAL FACILITIES.  Provides that a federal
facility that has not waived sovereign immunity with respect to the
permitting requirements of Section 1.15(b) of this article is exempt from
the requirements of this article and any rules promulgated thereunder. 

SECTION 13.  Amends Sections 1.34(b) and 1.34(c), Chapter 626, Acts of the
73rd Legislature, Regular Session, 1993, as follows: 

(b)  Requires, rather than authorizes, the authority by rule to  establish
a procedure by which a person who has achieved, rather than installs,
water conservation, rather than water conservation equipment, may
transfer, rather than sell, the conserved water. 

(c)  Authorizes a permit holder to transfer a regular permit, however,
with respect to a regular permit originally issued for irrigation use, up
to 50 percent of such a permit may be transferred without restrictions as
to the place or purpose of use, while the remaining 50 percent may only be
transferred to certain places and in a manner consistent with rules
adopted by the authority for the transfer of conserved water pursuant to
Subsection (b) of this section.  Deletes existing text relating to
prohibiting a holder of a permit for irrigation from taking certain
actions.  Deletes existing text relating to remaining irrigation water
rights. 

SECTION 14.  Amends Section 1.45, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, as follows: 
 
(a)  Authorizes the authority to own, finance, design, construct, operate,
and maintain recharge dams, and associated facilities, structures, or
works, in the contributing or recharge area of the aquifer if the recharge
is made to increase the yield of the aquifer and the recharge project does
not impair senior water rights or vested riparian rights. 

SECTION 15.  TRANSFER SAVINGS CLAUSE.  Provides that the provisions of
Section 1.34, as amended by this Act, apply only to transfers effective on
or after the effective date of this Act. Provides that the change in law
to Section 1.34 made by this Act does not affect the validity of transfers
effective prior to the effective date of this Act and such transfers are
governed by the Act and the rules of the authority in effect at the time
the transfer was effective.  Provides that transfers effective prior to
the effective date of this Act approved by the authority and which have
not been rescinded or are not subject to pending litigation are hereby
validated. 

SECTION 16.  Amends Chapter 626, Acts of the 73rd Legislature Regular
Session, 1993, as amended by Chapters 261 and 524, Acts of the 74th
Legislature, Regular Session, 1995, Chapter 163, Acts of the 76th
Legislature, Regular Session 1999, and Chapters 966 and 1192, Acts of the
77th Legislature, Regular Session 2001, by adding Section 3.05 as follows: 

SECTION 3.05.  EXEMPTION.  Provides that Chapter 245, Local Government
Code, does not apply within the boundaries of the Edwards Aquifer
Authority. 

SECTION 17.  EFFECTIVE DATE.  Effective date: upon passage or September 1,
2003.