79R188 SGA-D
By: Puente H.B. No. 3571
A BILL TO BE ENTITLED
AN ACT
relating to the consolidation of the Kinney County Groundwater
Conservation District into the Edwards Aquifer Authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DISSOLUTION. As provided by Section 10 of this
Act, the Kinney County Groundwater Conservation District is
dissolved, and the underground water resources formerly subject to
the district's jurisdiction are made subject to the jurisdiction of
the Edwards Aquifer Authority.
SECTION 2. AMENDMENT. Section 1.02(a), Chapter 626, Acts
of the 73rd Legislature, Regular Session, 1993, is amended to read
as follows:
(a) A conservation and reclamation district, to be known as
the Edwards Aquifer Authority, is created in all or part of
Atascosa, Bexar, Caldwell, Comal, Guadalupe, Hays, Kinney, Medina,
and Uvalde counties. A confirmation election is not necessary. The
authority is a governmental agency and a body politic and
corporate.
SECTION 3. AMENDMENT. Section 1.03, Chapter 626, Acts of
the 73rd Legislature, Regular Session, 1993, is amended by amending
Subdivision (1) and adding Subdivision (28) to read as follows:
(1) "Aquifer" means the Edwards Aquifer, which is that
portion of an arcuate belt of porous, water-bearing, predominately
carbonate rocks known as the Edwards and Associated Limestones in
the Balcones Fault Zone extending from west to east to northeast
from the western hydrologic division near Brackettville in Kinney
County that separates underground flow toward the Comal Springs and
San Marcos Springs from underground flow to the Rio Grande Basin,
through Uvalde, Medina, Atascosa, Bexar, Guadalupe, and Comal
counties, and in Hays County south of the hydrologic division near
Kyle that separates flow toward the San Marcos River from flow to
the Colorado River Basin.
(28) "Western hydrologic division" means a
groundwater divide, delineated in the Edwards Underground Water
District Report 95-01, between the Edwards Aquifer to the east and
the Edwards-Trinity Plateau Aquifer to the west, which extends
along a line, sometimes referred to as the Spofford Fault, that runs
from the Kinney County/Maverick County line along a
northwest-trending lineament on the west side of the Anacacho
Mountains, to the igneous intrusion south of Highway 90 referenced
in Report 95-01, through Las Moras Springs to Las Moras Mountain,
through Pinto Springs to Pinto Mountain, and then to the Kinney
County/Edwards County line along the topographic high in the
unnamed escarpment referenced in Report 95-01. The source of water
discharged from both Las Moras Springs and Pinto Springs is the
Edwards Aquifer.
SECTION 4. AMENDMENT. Section 1.04, Chapter 626, Acts of
the 73rd Legislature, Regular Session, 1993, is amended to read as
follows:
Sec. 1.04. BOUNDARIES. The authority includes the
territory contained within the following area:
(1) all of the areas of Bexar, Kinney, Medina, and
Uvalde counties;
(2) all of the area of Comal County, except that
portion of the county that lies North of the North line through the
county of Subdivision No. 1 of the Underground Water Reservoir in
the Edwards Limestone, Balcones escarpment area, as defined by the
order of the Board of Water Engineers dated January 10, 1957;
(3) the part of Caldwell County beginning with the
intersection of Hays County Road 266 and the San Marcos River;
THENCE southeast along the San Marcos River to the point of
intersection of Caldwell, Guadalupe, and Gonzales counties;
THENCE southeast along the Caldwell-Gonzales County line to
its intersection with U.S. Highway 183;
THENCE north along U.S. Highway 183 to its intersection with
State Highway 21;
THENCE southwest along State Highway 21 to its intersection
with Hays County Road 266;
THENCE southwest along Hays County Road 266 to the place of
beginning;
(4) the part of Hays County beginning on the northwest
line of the R. B. Moore Survey, Abstract 412, in Comal County where
it crosses the Comal County-Hays County line northeast along the
northwest line of said Survey to the northeast corner of said Survey
in Hays County, Texas;
THENCE southeast in Hays County, Texas across the Jas.
Deloach Survey, Abstract 878, to the most westerly northwest corner
of the Presidio Irrigation Co. Survey, Abstract 583;
THENCE northeast along the northwest line of said Survey to
its most northerly northwest corner;
THENCE continuing in the same line across the R.S. Clayton
Survey 2, Block 742, to the west line of the H. & G. N. RR. Co.
Survey 1, Abstract 668;
THENCE north along the west line of said Survey to its
northwest corner;
THENCE east along the north line of said Survey to its
northeast corner;
THENCE northeast across the David Wilson Survey 83, Abstract
476, to the southeast corner of the F. W. Robertson Survey 71,
Abstract 385;
THENCE north along the east line of said Survey to the
southwest corner of the Benjamin Weed Survey 72, Abstract 483;
THENCE east along the south line of said Survey to its
southeast corner;
THENCE northeast across the William Gray Survey 73, Abstract
92, and the Murray Bailey Survey 75, Abstract 42, to the southwest
corner of the D.Holderman Survey 33, Abstract 225;
THENCE north along the west line of said Survey to its
northwest corner;
THENCE continuing in the same line to the north line of the
Day Land & Cattle Co. Survey 672;
THENCE west along said north line of said Survey to its
northwest corner, which is in the east line of the Jesse Williams
Survey 4 to the northeast corner of said Survey;
THENCE west along the north line of said Survey to the
Southwest corner of the Amos Singleton Survey 106, Abstract 410;
THENCE north along the west lines of said Amos Singleton
Survey 106 and the Watkins Nobles Survey 107, Abstract 346, to the
northwest corner of said Watkins Nobles Survey 107;
THENCE east along the north line of said Survey to the
southwest corner of the Jesusa Perez Survey 14, Abstract 363;
THENCE north along the west line of said Jesusa Perez Survey
14 to its northwest corner;
THENCE east along the north line of said Survey to its
northeast corner;
THENCE, south along the east line of said Survey for a
distance of approximately 10,000 feet to its intersection with
Ranch Road 150;
THENCE, east by southeast along Ranch Road 150 approximately
24,500 feet to its intersection with the southern boundary line of
the Andrew Dunn Survey 9, Abstract 4;
THENCE, east along the south line of said survey as it extends
and becomes the southern boundary line of the Morton M. McCarver
Survey 4, Abstract 10, for a distance of approximately 7,000 feet to
its intersection with Ranch Road 2770;
THENCE, south on Ranch Road 2770 for a distance of
approximately 400 feet to its intersection with Farm-to-Market Road
171;
THENCE, east along Farm-to-Market Road 171 for a distance of
approximately 10,500 feet to its intersection with Farm-to-Market
Road 25;
THENCE, north by northeast along Farm-to-Market Road 25 for a
distance of approximately 3,100 feet to its intersection with
Farm-to-Market Road 131;
THENCE, east by southeast along Farm-to-Market Road 131 for a
distance of approximately 3,000 feet to its intersection with the
east line of the Thomas G. Allen Survey, Abstract 26;
THENCE south along the east line of said Thomas G. Allen
Survey to the most northerly northwest corner of the Elisha Pruett
Survey 23, Abstract 376;
THENCE southwest along a west line of said Elisha Pruett
Survey 23 to the west corner of said Survey;
THENCE southeast along the southwest line of said Survey to
the north corner of the John Stewart Survey, Abstract 14;
THENCE southwest along the northwest line of said John
Stewart Survey to its west corner;
THENCE continuing in the same line to the most northerly
southwest line of the John Jones Survey, Abstract 263;
THENCE southeast along said southwest line to an interior
corner of said John Jones Survey;
THENCE southwest along the most southerly northwest line of
said Survey to the southwest corner of said Survey;
THENCE southeast along the south line of said Survey to the
north corner of the James W. Williams Survey 11, Abstract 473;
THENCE southwest along the northwest line of said James W.
Williams Survey 11 to its west corner;
THENCE southeast along the southwest line of said Survey to
the north right-of-way line of the I. & G. N. RR.;
THENCE southwest along said right-of-way of said I. & G. N.
RR. to the Hays County-Comal County line;
THENCE south along said county line to the northwest line of
the R. B. Moore Survey, Abstract 412, in Hays County where it
crosses the Hays County-Comal County line;
(5) all of the territory of Hays County contained
within the following described area:
Beginning on the most southern point of Hays County at the
intersection of Hays, Comal, and Guadalupe Counties; then
continuing in a northeasterly direction along the Hays-Guadalupe
county line to its intersection with the Hays-Caldwell county line;
then continuing along the Hays-Caldwell county line to an
intersection with Farm-to-Market Road 150; then continuing in a
northwesterly direction along Farm-to-Market Road 150 to the
intersection with the existing southern boundary of the part of
Hays County described in Subdivision (4) of this section; then
continuing in a southwesterly direction along the existing southern
boundary of the part of Hays County described in Subdivision (4) of
this section to the intersection with the Hays-Comal county line;
then continuing in a southerly direction along the Hays-Comal
county line to the point of beginning;
(6) the part of Guadalupe County beginning at the
Guadalupe County-Caldwell County-Hays County line at the San Marcos
River in the northeast corner of Guadalupe County, Texas.
THENCE southwest along the Guadalupe County-Hays County line
to the intersect of the Guadalupe County-Hays County-Comal County
line.
THENCE southwest along the Guadalupe County-Comal County
line to the intersect of the Guadalupe County-Comal County-Bexar
County intersect at the Cibolo creek.
THENCE south along the Guadalupe County-Bexar County line
along the Cibolo creek to the intersect of the Guadalupe
County-Bexar County-Wilson County line.
THENCE south along the Guadalupe County-Wilson County line
along the Cibolo creek to the intersect and crossing of Guadalupe
County Road 417.
THENCE east along Guadalupe County Road 417 to the intersect
of Guadalupe County Road 417 and Guadalupe County Road 412.
THENCE northeast along Guadalupe County Road 412 to the
intersect of Guadalupe County Road 412 and Guadalupe County Road
411 A.
THENCE east along Guadalupe County Road 411 A to the
intersect of Guadalupe County Road 411 A and Farm-to-Market road
number 725.
THENCE north along Farm-to-Market Road 725 to the intersect
of Farm-to-Market Road 725 and Interstate Highway 10.
THENCE east along Interstate Highway 10 to the intersect of
Interstate Highway 10 and State Highway 90.
THENCE east along State Highway 90 to the Guadalupe
County-Caldwell County line at the San Marcos river.
THENCE northwest along the Guadalupe County-Caldwell County
line along the San Marcos river to the place of beginning; and
(7) the part of Atascosa County beginning on the north
line of the Robt. C. Rogers Survey, at the Bexar County-Atascosa
County line, to its northwest corner, which is the northeast corner
of the F. Brockinzen Survey, Abstract 86;
THENCE south along the east line of said Survey passing
through its southeast corner and continuing south along the east
line of the F. Brockinzen Survey, Abstract 90, to its southeast
corner;
THENCE west along the south line of said survey to its
southwest corner;
THENCE north along the west line of said F. Brockinzen Survey
to the southeast corner of the B. Bonngartner Survey, Abstract 87;
THENCE west along the south line of said B. Bonngartner
Survey passing through its southwest corner and continuing along
the south line of the J. B. Goettlemann Survey, Abstract 309, to the
Atascosa County-Medina County line;
THENCE north along the Atascosa County-Medina County line to
the Bexar County line;
THENCE east along the Atascosa County-Bexar County Line to
the place of beginning.
SECTION 5. AMENDMENT. Section 1.08(b), Chapter 626, Acts
of the 73rd Legislature, Regular Session, 1993, is amended to read
as follows:
(b) The authority's powers regarding underground water
apply only to underground water within or withdrawn from the
aquifer or any other underground water resource made subject to the
authority's jurisdiction. This subsection is not intended to allow
the authority to regulate surface water.
SECTION 6. AMENDMENT. Section 1.093(n), Chapter 626, Acts
of the 73rd Legislature, Regular Session, 1993, is amended to read
as follows:
(n) District 14 is composed of Kinney County and that part
of Uvalde County BNA 9502 included in block groups 3 and 4 and
blocks 102, 103, 106, 117, 140, 142, 201, 202, 203, 204, 206, 207,
208, 209, 210, 211, 212, 213, 214, 215, 216A, 216B, 217, 218, 219,
220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232,
233, 234, 235, 236, 237, 238, 239A, 239B, 240, 241, 242, 243, 244,
245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257,
258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270,
271, 272, 273, 274, 278, 279, 280, 281, 282, 283, 284, 285, 286,
288, 296, 297, 299, 299R, 521, 522, 523, 524, 525, 526, 527, 528,
529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, and 541;
and that part of Uvalde County BNA 9503 included in block groups 2,
3, 4, 5, 6, and blocks 101B, 101C, 102, 103, 104, 105, 106, 107, 108,
109A, 109B, 110, 111, 112, 113, 114, 115, 116A, 116B, 116C, 117A,
117B, 118, 119, 120, 121, 122, 123, 124, 126, 133, 134, 135, 136,
137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149,
150, 151, 152, 153, 154, 155, 156, 164A, 164B, 165, 166, 167, 168,
169, 170, 171, 172, 173, and 174; and that part of Uvalde County BNA
9504 included in block group 4 and blocks 314, 316, and 319; and
that part of Uvalde County BNA 9505 included in block groups 2 and 3
and blocks 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123,
124, 125, 126A, 126B, 126C, 127, 128, 129, 130, 131, 132, 133, 134,
135, 136, 137, 138, 139A, 139B, 140, 141, 142A, 142B, 143A, 143B,
144, 145, 146, 147, 148, 149A, 149B, 150, 151, and 152.
SECTION 7. AMENDMENT. Section 1.10(a), Chapter 626, Acts
of the 73rd Legislature, Regular Session, 1993, is amended to read
as follows:
(a) The South Central Texas Water Advisory Committee shall
advise the board on downstream water rights and issues. The
advisory committee consists of one member appointed by the
governing body of each of the following counties and
municipalities, except that Atascosa County may not have a
representative on the advisory committee when the county has a
representative member on the board:
(1) Atascosa;
(2) Caldwell;
(3) Calhoun;
(4) Comal;
(5) DeWitt;
(6) Goliad;
(7) Gonzales;
(8) Guadalupe;
(9) Hays;
(10) Karnes;
(10-a) Kinney;
(11) Medina;
(12) Nueces;
(13) Refugio;
(14) San Patricio;
(15) Uvalde;
(16) Victoria;
(17) Wilson;
(18) the City of San Antonio;
(19) the City of Victoria; and
(20) the City of Corpus Christi.
SECTION 8. AMENDMENT. Section 1.34(c), Chapter 626, Acts
of the 73rd Legislature, Regular Session, 1993, is amended to read
as follows:
(c) A permit holder may lease permitted water rights, but a
holder of a permit to use water from the aquifer 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.
SECTION 9. REPEALER. Chapter 1344, Acts of the 77th
Legislature, Regular Session, 2001, is repealed.
SECTION 10. TRANSITION. (a) On the effective date of this
Act:
(1) all the powers, duties, rights, assets, and
obligations of the Kinney County Groundwater Conservation District
become the powers, duties, rights, assets, and obligations of the
Edwards Aquifer Authority;
(2) all records, supplies, and other property relating
to the administration of the Kinney County Groundwater Conservation
District shall be transferred to the Edwards Aquifer Authority; and
(3) the Edwards Aquifer Authority shall be
automatically substituted for the Kinney County Groundwater
Conservation District in any judicial or administrative proceeding
to which, on the effective date of this Act, the Kinney County
Groundwater Conservation District is a party or is sitting or
serving as an administrative, regulatory, or adjudicative body.
(b) Not later than the 60th day after the effective date of
this Act and irrespective of any action by the Kinney County
Groundwater Conservation District before that effective date, the
Edwards Aquifer Authority shall grant, consistent with Section
1.16(g), Chapter 626, Acts of the 73rd Legislature, Regular
Session, 1993, all historic use and existing use permits as filed
with the Kinney County Groundwater Conservation District on or
before December 31, 2003, in accordance with the recommendations in
each hearing report prepared in accordance with district rules by
the district's private consultant, who is also an employee of the
authority and, in that capacity as an employee, has provided to the
authority the same or similar reports and services.
(c) On completion of the transfer under Subsection (a)(2) of
this section, the Kinney County Groundwater Conservation District
is dissolved.
(d) As soon as practicable after the effective date of this
Act, the Kinney County Commissioners Court shall appoint a member
of the South Central Texas Water Advisory Committee under Section
1.10(a), Chapter 626, Acts of the 73rd Legislature, Regular
Session, 1993, as amended by this Act.
SECTION 11. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
(a) The legal notice of the intention to introduce this Act,
setting forth the general substance of this Act, has been published
as provided by law, and the notice and a copy of this Act have been
furnished to all persons, agencies, officials, or entities to which
they are required to be furnished under Section 59, Article XVI,
Texas Constitution, and Chapter 313, Government Code.
(b) The governor has submitted the notice and Act to the
Texas Commission on Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 12. EFFECTIVE DATE. This Act takes effect
September 1, 2005.