79R6028 QS-F

By:  Rodriguez                                                    H.B. No. 2707



A BILL TO BE ENTITLED

AN ACT

relating to the authority of the Barton Springs-Edwards Aquifer 
Conservation District to charge certain fees.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The legislature finds that the Barton 
Springs-Edwards Aquifer Conservation District benefits the 
sustainable use of groundwater by promoting, through fee and 
permitting mechanisms, alternatives to the exclusive use of 
groundwater resources, including the conjunctive use of 
groundwater and surface water resources.
	SECTION 2.  Section 2, Chapter 429, Acts of the 70th 
Legislature, Regular Session, 1987, is amended by amending 
Subsection (f)(2) and adding Subsections (g) and (h) to read as 
follows:
		(2)  The board may assess the City of Austin, as a water 
use fee, each year an amount not to exceed 60 [40] percent of the 
total funding of the district received from water use fees assessed 
against Austin and other nonexempt users.  For purposes of this 
section, the total annual funding of the district received from 
water use fees assessed against Austin and other nonexempt users is 
determined using the rates in effect for permits issued for water 
used for any purpose other than agricultural use immediately before 
September 1, 2005.
	(g)  Except as provided by Subsection (h), the board may not 
charge an annual production fee of more than $1 per acre-foot for 
water used for agricultural use or 17 cents per thousand gallons of 
water used for any other purpose.  The board may adopt a 
differential rate structure for non-agricultural production fees 
to promote alternatives to the exclusive use of groundwater 
resources.
	(h)  For a permit approved or materially amended after 
September 1, 2005, or a permit issued after September 9, 2004, and 
renewed after September 1, 2005, the board may charge an annual 
production fee of not more than 31 cents per thousand gallons for 
water used for any purpose other than agricultural use.
	SECTION 3.  Section 36.205(d), Water Code, is amended to 
read as follows:    
	(d)  The [Barton Springs-Edwards Aquifer Conservation 
District, the] Lone Star Groundwater Conservation District[,] and 
the Guadalupe County Groundwater Conservation District may not 
charge production fees for an annual period greater than $1 per 
acre-foot for water used for agricultural use or 17 cents per 
thousand gallons for water used for any other purpose.  [The Barton 
Springs-Edwards Aquifer Conservation District may assess a water 
use fee against a specific municipality in an amount not to exceed 
60 percent of the total funding of the district received from water 
use fees assessed against that municipality and other nonexempt 
users in the district.]  This subsection shall take precedence over 
all prior enactments.
	SECTION 4.  This Act takes effect September 1, 2005.