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79S10938 E
By: Puente H.B. No. 41
Substitute the following for H.B. No. 41:
By: Puente C.S.H.B. No. 41
A BILL TO BE ENTITLED
AN ACT
relating to the maximum permitted withdrawals and critical period
management of groundwater in the area regulated by the Edwards
Aquifer Authority and to the operations and oversight of the
Edwards Aquifer Authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (f), Section 1.11, Chapter 626, Acts
of the 73rd Legislature, Regular Session, 1993, is amended to read
as follows:
(f) The authority may own, finance, design, [contract with a
person who uses water from the aquifer for the authority or that
person to] construct, operate, or [own, finance, and] maintain
recharge [water supply] facilities or contract with a person who
uses water from the aquifer for the authority or that person to own,
finance, design, construct, operate, or maintain recharge
facilities. [Management fees or special fees may not be used for
purchasing or operating these facilities.] For the purpose of this
subsection, "recharge [water supply] facility" means [includes] a
dam, reservoir, [treatment facility, transmission facility,] or
other method of recharge project and associated facilities,
structures, or works.
SECTION 2. Subsections (a), (c), (f), and (h), Section
1.14, Chapter 626, Acts of the 73rd Legislature, Regular Session,
1993, are amended to read as follows:
(a) Authorizations to withdraw water from the aquifer and
all authorizations and rights to make a withdrawal under this Act
shall be limited in accordance with this section to:
(1) protect the water quality of the aquifer;
(2) protect the water quality of the surface streams
to which the aquifer provides springflow;
(3) achieve water conservation;
(4) maximize the beneficial use of water available for
withdrawal from the aquifer;
(5) recognize the hydro-geologic connection and
interaction between surface and groundwater;
(6) protect aquatic and wildlife habitat;
(7) [(6)] protect species that are designated as
threatened or endangered under applicable federal or state law; and
(8) [(7)] provide for instream uses, bays, and
estuaries.
(c) Except as provided by Subsections [(d),] (f)[,] and (h)
of this section [and Section 1.26 of this article,] for the period
beginning January 1, 2005 [2008], the amount of permitted
withdrawals from the aquifer may not exceed the sum of all regular
permits issued or for which an application has been filed and
issuance is pending action by the authority as of January 1, 2005
[400,000 acre-feet of water for each calendar year].
(f) If the level of the aquifer is equal to or greater than
665 [650] feet above mean sea level as measured at Well J-17, the
authority 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 may authorize withdrawal from the Uvalde pool, on an
uninterruptible basis, of permitted amounts. In accordance with
Section 1.26 of this article, the [The] authority shall limit the
additional withdrawals to ensure that springflows are not affected
during critical drought conditions.
(h) To accomplish the purposes of this article, [by June 1,
1994,] the authority, through a program, shall implement and
enforce water management practices, procedures, and 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 and to achieve other purposes
provided by Subsection (a) of this section and Section 1.26 of this
article. The authority from time to time as appropriate may revise
the practices, procedures, and methods. To meet this requirement,
the authority shall require:
(1) phased reductions in the amount of water that may
be used or withdrawn by existing users or categories of other users,
including the authority's critical period management plan
established under Section 1.26 of this article; or
(2) implementation of alternative management
practices, procedures, and methods.
SECTION 3. Subsection (c), Section 1.15, Chapter 626, Acts
of the 73rd Legislature, Regular Session, 1993, is amended to read
as follows:
(c) The authority may issue regular permits, term permits,
and emergency permits. Except as provided in Section 1.14(f) and
Section 1.26 of this article, regular permits may not be issued on
an interruptible basis, and the total withdrawals authorized by all
regular permits issued by the authority may not exceed the
limitations provided by Section 1.14 of this article.
SECTION 4. Subsection (b), Section 1.19, Chapter 626, Acts
of the 73rd Legislature, Regular Session, 1993, is amended to read
as follows:
(b) Withdrawal of water under a term permit must be
consistent with the authority's critical period management plan
established under Section 1.26 of this article. A holder of a term
permit may not withdraw water from the San Antonio pool of the
aquifer unless the level of the aquifer is higher than 675 [665]
feet above sea level, as measured at Well J-17, and the flow at
Comal Springs as determined by Section 1.26(c) of this article is
greater than 350 cfs.
SECTION 5. Article 1, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, is amended by amending Section
1.26 and adding Section 1.26A to read as follows:
Sec. 1.26. CRITICAL PERIOD MANAGEMENT PLAN. (a) After
review of the recommendations received, as prescribed in Section
1.26A of this article, the [The] authority shall prepare and
coordinate implementation of a [plan for] critical period
management plan in a manner consistent with Section 1.14(a) of this
article [on or before September 1, 1995]. The mechanisms must:
(1) distinguish between discretionary use and
nondiscretionary use;
(2) require reductions of all discretionary use to the
maximum extent feasible;
(3) require utility pricing, to the maximum extent
feasible, to limit discretionary use by the customers of water
utilities; and
(4) require reduction of nondiscretionary use by
permitted or contractual users, to the extent further reductions
are necessary, in the reverse order of the following water use
preferences:
(A) municipal, domestic, and livestock;
(B) industrial and crop irrigation;
(C) residential landscape irrigation;
(D) recreational and pleasure; and
(E) other uses that are authorized by law.
(b) In this section, "MSL" means the elevation, measured in
feet, of the surface of the water in a well above mean sea level, and
"CFS" means cubic feet per second. Not later than January 1, 2006,
the authority shall, by rule, adopt and enforce a critical period
management plan with withdrawal reduction percentages in the
amounts indicated in Tables 1 and 2 whether according to the index
well levels or Comal Springs flow as may be applicable, for a total
in critical period Stage IV of 40 percent of the permitted
withdrawals under Table 1 and 30 percent under Table 2:
TABLE 1 - CUMULATIVE CRITICAL PERIOD WITHDRAWAL REDUCTION STAGES
FOR THE SAN ANTONIO POOLINDEX WELL J-17 LEVEL MSL COMAL SPRINGS FLOW CFS CRITICAL PERIOD STAGE WITHDRAWAL REDUCTION PERCENTAGE
<665 N/A I 10%
<650 N/A II 10%
<640 <150 III 10%
<630 <100 IV 10%
TABLE 2 - CUMULATIVE CRITICAL PERIOD WITHDRAWAL REDUCTION STAGES
FOR THE UVALDE POOLINDEX WELL J-27 MSL FOR UVALDE POOL CRITICAL PERIOD STAGE WITHDRAWAL REDUCTION PERCENTAGE
N/A N/A N/A
N/A II N/A
<845 III 15%
<842 IV 15%
(c) The authority shall continuously track the average
daily discharge rate measured over each period of five consecutive
days at Comal Springs to determine whether a reduction in
withdrawals to the Stage III reduction level is required. The
authority shall track the average daily discharge rate measured for
any five days in a period of 10 consecutive days to determine
whether a reduction in withdrawals to the Stage IV reduction level
is required.
(d) Beginning November 1, 2005, the authority shall reduce
the volume of permitted withdrawals to an annualized rate of
340,000 acre-feet, under critical period Stage IV. After January
1, 2012, the authority shall reduce the volume of permitted
withdrawals to 320,000 acre-feet, under critical period Stage IV.
(e) After January 1, 2020, the authority, after review and
consideration of recommendations received by the authority under
Section 1.26A of this article, shall adjust the volume of permitted
withdrawals to an appropriate annualized rate under critical period
Stage IV that is consistent with maintaining the protections
contained in Section 1.14(a) of this article.
(f) From time to time, the authority by rule may amend the
withdrawal reduction criteria of the authority's critical period
management plan as set forth in Subsections (b), (c), and (e) of
this section, after review and consideration of the recommendations
from the Environmental Flows Commission, or the Texas Water
Development Board if the Environmental Flows Commission is not
established, the Edwards Aquifer area expert science team, and the
Edwards Aquifer Area Stakeholders Committee, as prescribed in
Section 1.26A of this article. The amended plan must be consistent
with Section 1.14(a) of this article.
Sec. 1.26A. DEVELOPMENT OF WITHDRAWAL REDUCTION LEVELS AND
STAGES FOR CRITICAL PERIOD MANAGEMENT. (a) The Environmental
Flows Commission, as established under Section 11.0236, Water Code,
or the Texas Water Development Board if the Environmental Flows
Commission is not established, shall appoint a 15-member Edwards
Aquifer Area Stakeholders Committee not later than January 1, 2006.
The composition of the committee will be as follows:
(1) five holders of municipal permits issued by the
authority;
(2) two holders of irrigation permits issued by the
authority;
(3) three holders of industrial permits issued by the
authority;
(4) two downstream water rights holders in the
Guadalupe River basin;
(5) two downstream water rights holders in the Nueces
River basin; and
(6) one representative of a public interest group
related to instream flows in the Guadalupe River basin and bay and
estuary inflows from the Guadalupe River.
(b) The Edwards Aquifer Area Stakeholders Committee shall
appoint a seven-member Edwards Aquifer area expert science team not
later than April 30, 2006. The expert science team must be composed
of technical experts with special expertise regarding the Edwards
Aquifer system, springflows, or the development of withdrawal
limitations. Chapter 2110, Government Code, does not apply to the
size, composition, or duration of the expert science team. A member
of the Texas Environmental Flows Science Advisory Committee, or a
designee of the Texas Water Development Board if the Texas
Environmental Flows Science Advisory Committee is not established
in Section 11.02361, Water Code, shall serve as liaison to the
Edwards Aquifer area expert science team.
(c) The expert science team shall develop an analysis of
spring discharge rates and aquifer levels as a function of
withdrawal levels. Based upon this analysis and the required
elements to be considered by the authority in Section 1.14 of this
article, the Edwards Aquifer area expert science team shall,
through a collaborative process designed to achieve consensus,
create recommendations for withdrawal reduction levels and stages
for critical period management including, if appropriate,
establishing separate and different withdrawal reduction levels
and stages for critical period management rules for different pools
of the aquifer and submit them to the Edwards Aquifer Area
Stakeholders Committee, the Environmental Flows Commission or the
Texas Water Development Board if the Environmental Flows Commission
is not established, and the authority. The initial recommendations
must be completed and submitted no later than September 30, 2006.
(d) In developing its recommendations, the Edwards Aquifer
area expert science team must consider all reasonably available
science, including any Edwards Aquifer specific studies, and the
recommendations must be based solely on the best science available.
The Edwards Aquifer Area Stakeholders Committee may not change the
recommendations of the Edwards Aquifer area expert science team
regarding the withdrawal limitations appropriate to achieve the
purposes of Section 1.14 of this article.
(e) The Edwards Aquifer Area Stakeholders Committee shall
review the withdrawal limitation and critical period management
recommendations submitted by the expert science team and shall
consider them in conjunction with other factors, including the
present and future needs for water for other uses related to water
supply planning in the Edwards Aquifer area and the required
elements to be considered by the authority in Section 1.14 of this
article. The stakeholders committee shall develop recommendations
regarding a critical period management plan and submit its
recommendations to the authority and to the Environmental Flows
Commission or the Texas Water Development Board if the
Environmental Flows Commission is not established. In developing
its recommendations, the stakeholders committee shall operate on a
consensus basis to the maximum extent possible. The initial
recommendations must be completed and submitted no later than
October 31, 2006.
(f) The Environmental Flows Commission or the Texas Water
Development Board if the Environmental Flows Commission is not
established shall submit to the authority its comments on and
recommendations regarding the Edwards Aquifer area expert science
team's recommended withdrawal reduction levels and stages for
critical period management needed to maintain target spring
discharge and aquifer levels. The withdrawal reduction
recommendations shall be based upon a combination of spring
discharge rates of the San Marcos and Comal Springs and levels at
the J-17 and J-27 wells.
(g) The Edwards Aquifer area expert science team, the
Edwards Aquifer Area Stakeholders Committee, and the Environmental
Flows Commission or the Texas Water Development Board if the
Environmental Flows Commission is not established shall submit
recommendations to the authority for use in developing its rules
relative to establishing the critical period management plan.
(h) Where reasonably practicable, meetings of the Edwards
Aquifer area expert science team and Edwards Aquifer Area
Stakeholders Committee must be open to the public.
(i) In recognition of the importance of critical period
management to adapt to changed conditions or information, after
submitting its recommendations regarding withdrawal limitations
and strategies to meet the springflow needs to the authority, the
stakeholders committee, with the assistance of the expert science
team, shall prepare and submit to the Environmental Flows
Commission or the Texas Water Development Board if the
Environmental Flows Commission is not established a work plan. The
work plan must:
(1) establish a periodic review of the critical period
management plan, to occur at least once every five years;
(2) prescribe specific monitoring, studies, and
activities; and
(3) establish a schedule for continuing the validation
or refinement of the critical period management plan adopted by the
authority, and the strategies to achieve the plan.
(j) To assist the Environmental Flows Commission or the
Texas Water Development Board if the Environmental Flows Commission
is not established to assess the extent to which the
recommendations of the Edwards Aquifer area expert science team are
considered and implemented, the authority shall provide written
reports to the Environmental Flows Commission or the Texas Water
Development Board if the Environmental Flows Commission is not
established, at intervals determined by the Environmental Flows
Commission or the Texas Water Development Board if the
Environmental Flows Commission is not established, that describe:
(1) the actions taken in response to each
recommendation; and
(2) for each recommendation not implemented, the
reason it was not implemented.
SECTION 6. Subsections (b) and (i), Section 1.29, Chapter
626, Acts of the 73rd Legislature, Regular Session, 1993, are
amended to read as follows:
(b) The authority shall assess equitable aquifer management
fees based on aquifer use under the water management plan to finance
its administrative expenses and programs authorized under this
article. Each water district governed by Chapter 36 [52], Water
Code, that is within the authority's boundaries may contract with
the authority to pay expenses of the authority through taxes in lieu
of user fees to be paid by water users in the district. The contract
must provide that the district will pay an amount equal to the
amount that the water users in the district would have paid through
user fees. The authority may not collect a total amount of fees and
taxes that is more than is reasonably necessary for the
administration of the authority.
(i) The authority shall provide money as necessary, but not
to exceed $75,000, annually adjusted for changes in the consumer
price index [five percent of the money collected under Subsection
(d) of this section], to finance the South Central Texas Water
Advisory Committee's administrative expenses and programs
authorized under this article.
SECTION 7. Chapter 626, Acts of the 73rd Legislature,
Regular Session, 1993, is amended by adding Section 1.29A to read as
follows:
Sec. 1.29A. BUDGETARY ADVISORY COMMITTEE. (a) The
authority shall appoint a budgetary advisory committee no later
than November 30, 2005, to consult and advise the authority on the
following prior to its submission to the board:
(1) the issuance of bonds;
(2) the authority's annual budget; and
(3) the authority's annual audit.
(b) Each voting member of the board shall appoint one member
of the budgetary advisory committee.
SECTION 8. Subsection (a), Section 1.45, Chapter 626, Acts
of the 73rd Legislature, Regular Session, 1993, is amended to read
as follows:
(a) The authority may own, finance, design, construct,
[build or] 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 9. The following sections of Chapter 626, Acts of
the 73rd Legislature, Regular Session, 1993, are repealed:
(1) Subsections (b) and (d), Section 1.14;
(2) Section 1.18;
(3) Section 1.21; and
(4) Subsections (a), (c), (d), and (h), Section 1.29.
SECTION 10. This Act takes effect November 1, 2005.