By:  Madla, Wentworth                                             S.B. No. 1562

A BILL TO BE ENTITLED
AN ACT
relating to the transportation of groundwater withdrawn from the Edwards Aquifer and to transfers of permits issued by the Edwards Aquifer Authority. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 1.28(b), Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993, is amended to read as follows: (b) The authority may issue revenue bonds to finance the purchase of land or the purchase, construction, or installation of facilities or equipment. [The authority may not allow for any person to construct, acquire, or own facilities for transporting groundwater out of Uvalde County or Medina County.] SECTION 2. Section 1.34, Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993, is amended by amending Subsection (c) and adding Subsection (d) to read as follows: (c) A permit holder may transfer [lease] permitted water rights, but a holder of a permit or interim authorization that authorizes the use of groundwater for irrigation [use] may not transfer [lease] more than 50 percent of the irrigation rights initially permitted. The user's remaining irrigation water rights may not be put to a use other than irrigation while the land described in the application for the initial regular permit is used for agricultural purposes. If the land is wholly withdrawn from agricultural use, the remaining water rights are transferable [must be used in accordance with the original permit and must pass with transfer of the irrigated land]. (d) A person who transfers a permit or interim authorization to withdraw groundwater from the San Antonio pool to a well that draws from the Uvalde pool may not transport groundwater withdrawn under the transferred permit or interim authorization out of the county where the well that draws from the Uvalde pool is located. SECTION 3. 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 September 1, 2003.