By: Wentworth S.B. No. 1914
(In the Senate - Filed April 23, 2003; April 24, 2003, read
first time and referred to Committee on Natural Resources;
May 22, 2003, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 1; May 22, 2003,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1914 By: Armbrister
A BILL TO BE ENTITLED
AN ACT
relating to powers and duties of the Edwards Aquifer Authority to
manage and protect the Edwards Aquifer, the board of directors of
the Edwards Aquifer Authority, and revenue bonding authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.03, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, is amended by adding
Subdivision (28) to read as follows:
(28) "Recharge facility" means a dam, reservoir, or
other recharge project, and associated facilities, structures, or
works.
SECTION 2. Section 1.07, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, is amended to read as follows:
Sec. 1.07. OWNERSHIP OF UNDERGROUND WATER. The ownership
and rights of the owner of the land and the owner's lessees and
assigns, including holders of recorded liens or other security
interests in the land, in underground water and the contract rights
of any person who purchases water for the provision of potable water
to the public or for the resale of potable water to the public for
any use are recognized. However, action taken pursuant to this Act
may not be construed as depriving or divesting the owner or the
owner's lessees and assigns, including holders of recorded liens or
other security interests in the land, of these ownership rights or
as impairing the contract rights of any person who purchases water
for the provision of potable water to the public or for the resale
of potable water to the public for any use, subject to the rules
adopted by the authority or a district exercising the powers
provided by Chapter 36 [52], Water Code. The legislature intends
that just compensation be paid if implementation of this article
causes a taking of private property or the impairment of a contract
in contravention of the Texas or federal constitution.
SECTION 3. Subsection (a), Section 1.08, Chapter 626, Acts
of the 73rd Legislature, Regular Session, 1993, is amended to read
as follows:
(a) The authority has all of 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. The authority has all of the
rights, powers, privileges, authority, functions, and duties
provided by the general law of this state, including Chapters 36,
49, and [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 4. Section 1.09, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, is amended by adding Subsection
(i) to read as follows:
(i) To be eligible to be elected or appointed as a voting
member of the board, a person must have resided continuously in the
authority single-member election district from which the person
seeks to be elected or appointed for six months immediately
preceding the following date:
(1) for a candidate for election, the 60th day before
the general election date; or
(2) for a candidate for appointment, the date the
appointment is made.
SECTION 5. Section 1.11, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, is amended by amending
Subsection (f) and adding Subsection (h) to read as follows:
(f) The authority may contract with a person who uses water
from the aquifer for the authority or that person to own, finance,
design, construct, operate, or [own, finance, and] maintain
recharge [water supply] facilities. [Management fees or special
fees may not be used for purchasing or operating these facilities.
For the purpose of this subsection, "water supply facility"
includes a dam, reservoir, treatment facility, transmission
facility, or recharge project.]
(h) Notwithstanding any other provision of law, the
authority has no duty, responsibility, or authority relating to the
protection of water quality. The commission is the agency of the
state with responsibility and authority relating to the protection
of water quality within the boundaries of the authority.
SECTION 6. 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 7. Section 1.16, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, is amended by adding Subsection
(i) to read as follows:
(i) The authority shall process as administratively
complete all declarations of historical use received by the
authority on or before February 16, 1997, and shall consider any
such declaration as timely filed.
SECTION 8. Section 1.21, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, is amended by amending
Subsection (c) and adding Subsections (d) and (e) 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 Subsection (d) of Section 1.14 of
this article, the board, not later than October 1, 2009, shall
issue an order to be effective January 1, 2010, proportionally
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.
(e) Proportional adjustments under this section and for
purposes of satisfying the requirements of Section 1.14 of this
article and this section shall be applied on the same terms and
conditions to all permits issued under Section 1.16 of this
article.
SECTION 9. Subsection (b), Section 1.28, 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:
(1) the purchase of land;
(2) [or] the purchase, construction, or installation
of facilities or equipment, including recharge dams and associated
facilities, structures, or works; or
(3) the retirement of permits under Sections 1.21 and
1.22 of this article. [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 10. Article 1, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, is amended by adding Section
1.331 to read as follows:
Sec. 1.331. EXEMPTION FOR FEDERAL FACILITIES; TRANSFER OF
OWNERSHIP OF APPLICATION. (a) Federal facilities, which are
immune from regulation under the doctrine of sovereign immunity,
are exempt from the requirements of this article and any rules
adopted under this article.
(b) A person may obtain an initial regular permit based on
an application voluntarily filed by a federal facility if, before
September 1, 2003, the authority approves the transfer of ownership
of the application for an initial regular permit from the federal
facility to the person seeking the permit. If, after the date a
transfer is approved by the authority, groundwater subject to the
transfer continues to be withdrawn by the federal facility making
the transfer, the authority shall condition the authorized
withdrawal amount of the transferee's interim authorization or
initial regular permit on the reduction in the amount equal to the
federal facility withdrawals.
SECTION 11. Subsection (c), Section 1.34, Chapter 626, Acts
of the 73rd Legislature, Regular Session, 1993, is amended to read
as follows:
(c) Subject to the rules of the authority, a [A] permit
holder may transfer a regular permit or interim authorization
[lease permitted water rights, but a holder of a permit for
irrigation use may not lease 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]. Fifty percent of the
groundwater withdrawal amount initially permitted for irrigation
may be used only for irrigation.
SECTION 12. Section 1.35, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, is amended by adding Subsection
(f) to read as follows:
(f) 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 in which the well that draws from the Uvalde pool is located.
SECTION 13. This Act takes effect September 1, 2003.
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