Amend CSHB 2233 on third reading by adding the following, and 
numbering accordingly:
	SECTION ____.  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 ____.  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.  
If annexation occurs, the amount of permitted withdrawals may be 
adjusted to include permits issued for wells in the annexed area 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 ____.  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 ____.  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) is greater than 350 
cfs.
	SECTION ____.  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) [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 POOL
INDEX WELLJ-17 LEVELMSL COMAL SPRINGSFLOW CFS CRITICALPERIODSTAGE WITHDRAWALREDUCTIONPERCENTAGE <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 POOL
INDEX WELLJ-27 MSL FORUVALDE 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 September 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), after review and consideration of the recommendations from the Environmental Flows Commission, or the 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, 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 Municipal Edwards Aquifer permit holders; (2) two Irrigation Edwards Aquifer permit holders; (3) three Industrial Edwards Aquifer permit holders; (4) four Downstream Water Rights holders in the Guadalupe River Basin; and (5) 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, spring flows, 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 the development board if the Flows Commission 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 development board if the 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 development board if the 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 development board if the 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, Edwards Aquifer Area Stakeholders Committee, and the Environmental Flows Commission or the development board if the 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 spring flow 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 development board if the 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 flows commission or the development board if the 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 flows commission or the development board if the flows commission is not established, at intervals determined by the flows commission or the development board if the 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 ____. Subsections (b) and (i), Section 1.29, Section 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 ____. 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 ____. 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; (2) Section 1.21; and (3) Subsections (a), (c), (d), and (h), Section 1.29. SECTION ____. Section 1.29, Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993 is amended by adding Subsection (j) to read as follows: (j) BUDGETARY ADVISORY COMMITTEE. The authority shall appoint a budgetary advisory committee no later than September 30, 2005 to consult and advise the authority on the following prior to its submission to the authority's board: (1) Issuance of bonds; (2) The authority's annual budget; and (3) The authority's annual audit. Each voting member of the authority board shall appoint one member of the committee.