By: Madla S.B. No. 1857
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. The Kinney County Groundwater
Conservation District is dissolved, and the aquifer and other
underground water in Kinney County is made subject to the
jurisdiction of the Edwards Aquifer Authority.
SECTION 2. AMENDMENT. Subsection (a), Section 1.02,
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 the aquifer
boundary or 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 intersection of the Kinney
County/Maverick County line and Stricklin Creek, northwesterly
along a lineament oriented approximately North 14° West along the
western side of the Anacacho Mountains, to the unnamed igneous
intrusion south of Highway 90 referenced in Report 95-01, then
westerly through Las Moras Springs to Pinto Springs, and then
northwesterly along the Spofford Fault system, along the western
side of Pinto Mountain and the topographic high in the unnamed
escarpment referenced in Report 95-01, to the intersection of Flat
Rock Creek and the Kinney County/Edwards County line. This
boundary may be described more precisely as a line connecting the
following latitude/longitude coordinate points geospatially
referenced to the North American Datum of 1927:
Beginning at Point 1: North 29° 5.09'/West 100° 16.04';
Thence through Point 2: North 29° 16.57'/
West 100°/20.37';
Thence continuing to Point 3: North 29° 18.52'/
West 100° 25.20';
Thence continuing to Point 4: North 29° 24.45'/
West 100° 27.12'; and
Ending at Point 5: North 29° 37.40'/West 100° 33.43'. 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, Chapter 626, Acts of
the 73rd Legislature, Regular Session, 1993, is amended by amending
Subsection (b) and adding Subsections (b-1), (b-2), and (b-3) to
read as follows:
(b) The authority's powers regarding underground water
apply only to underground water within or withdrawn from:
(1) the aquifer; or
(2) any other underground water resource in Kinney
County.
(b-1) With respect to underground water in Kinney County
that is not water of the aquifer:
(1) Sections 1.01, 1.13 through 1.21, 1.23, 1.25,
1.26, 1.28(a) and (b), 1.29 through 1.34, and 1.41 through 1.45 of
this article do not apply;
(2) Section 36.205(e)(1), Water Code, does not apply;
and
(3) the authority has all the rights, powers,
privileges, authority, functions, and duties provided by:
(A) the applicable provisions of this article;
(B) the general law of this state applicable to a
groundwater conservation district created under Section 59,
Article XVI, Texas Constitution, including Chapter 36, Water Code;
and
(C) Chapter 49, Water Code, as that chapter
applies to an authority created under Section 59, Article XVI,
Texas Constitution.
(b-2) With respect to that part of Kinney County west of the
western hydrologic division, Section 36.201(c), Water Code, does
not apply to or restrict the authority's continuing imposition of
an ad valorem tax not to exceed 10 cents on each $100 of assessed
valuation.
(b-3) This section [subsection] is not intended to allow the
authority to regulate surface water.
SECTION 6. AMENDMENT. Subsection (n), Section 1.093,
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. Subsection (a), Section 1.10,
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. Subsection (g), Section 1.14,
Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993,
is amended to read as follows:
(g) The authority by rule may, in accordance with
hydrogeologic research:
(1) define other pools within the aquifer;
(2) [, in accordance with hydrogeologic research, and
may] establish index wells for any pool to monitor the level of the
aquifer to aid the regulation of withdrawals from the pools; or
(3) more accurately define and locate the western
hydrologic division in Kinney County.
SECTION 9. AMENDMENT. Section 1.16, Chapter 626, Acts of
the 73rd Legislature, Regular Session, 1993, is amended by adding
Subsection (b-1) to read as follows:
(b-1) An existing user withdrawing underground water from
the portion of the aquifer in Kinney County must file a declaration
of historical use on or before March 1, 2006, on a form prescribed
by the board. An applicant for a permit must timely pay all
application fees required by the board.
SECTION 10. AMENDMENT. Section 1.17, Chapter 626, Acts of
the 73rd Legislature, Regular Session, 1993, is amended by adding
Subsections (a-1) and (e) to read as follows:
(a-1) Subsection (a) of this section does not apply to a
person who, on September 1, 2005, owns a producing well located in
Kinney County and uses the well to withdraw water from the aquifer.
A person who, on September 1, 2005, owns a producing well in Kinney
County that withdraws water from the aquifer may continue to
withdraw and beneficially use water without waste until final
action on permits by the authority if:
(1) the well is in compliance with all statutes and
rules relating to well construction, approval, location, spacing,
and operation; and
(2) the person files a declaration of historical use
as prescribed by Section 1.16(b-1) of this article.
(e) Subsection (d) of this section does not apply to a well
described by Subsection (a-1) of this section. Interim
authorization for a well described by Subsection (a-1) of this
section ends on:
(1) entry of a final and appealable order by the
authority acting on the application for the well; or
(2) March 1, 2006, if the well owner has not filed a
declaration of historical use.
SECTION 11. AMENDMENT. Subsection (b), Section 1.18,
Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993,
is amended to read as follows:
(b) The authority may not consider or take action on an
application relating to a proposed or existing well of which there
is no evidence of actual beneficial use before June 1, 1993, until a
final determination has been made:
(1) on all initial regular permit applications
submitted on or before the initial application date of March 1,
1994; or
(2) on all initial regular permit applications
submitted for aquifer use in Kinney County on or before the initial
application date of March 1, 2006.
SECTION 12. AMENDMENT. Subsection (c), Section 1.34,
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 13. REPEALER. Chapter 1344, Acts of the 77th
Legislature, Regular Session, 2001, is repealed.
SECTION 14. TRANSITION: DISSOLUTION AND RULES. (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) On completion of the transfer under Subdivision (2),
Subsection (a) of this section, the Kinney County Groundwater
Conservation District is dissolved.
(c) Any rule adopted by the Kinney County Groundwater
Conservation District before the effective date of this Act that
relates to the management or control of the Edwards Aquifer is void.
Any rule adopted by the Kinney County Groundwater Conservation
District before January 1, 2005, that relates to the management or
control of underground water other than water of the Edwards
Aquifer is, on the effective date of this Act, a rule of the Edwards
Aquifer Authority and remains in effect until amended or repealed
by the authority.
SECTION 15. TRANSITION: PERMITS AND HEARINGS. (a) In
this section:
(1) "Authority" means the Edwards Aquifer Authority.
(2) "District" means the Kinney County Groundwater
Conservation District.
(b) Not later than the 90th day after the effective date of
this Act and in accordance with this section, the authority shall
review and act on each application for a historic or existing use
permit for underground water other than water of the Edwards
Aquifer that was filed with the district on or before December 31,
2003, in accordance with the district's rules then in effect.
(c) If the district reviewed an application for and granted
a permit before the effective date of this Act and the applicant did
not timely file a motion for rehearing on the application, the
applicant shall, on or before December 31, 2005:
(1) notify the authority in writing that the applicant
accepts the permit granted by the district; or
(2) file with the authority a motion to reconsider the
application and review the district record of the application.
(d) If an applicant accepts the district permit under
Subsection (c) of this section, not later than the 45th day after
the date on which the authority receives the applicant's
acceptance, the authority shall issue to the applicant a permit
that has terms and conditions consistent with the terms and
conditions of the district permit and authorizes production amounts
equal to the amounts authorized by the district permit.
(e) If an applicant does not timely file an acceptance or a
motion for reconsideration under Subsection (c) of this section,
not later than February 14, 2006, the authority shall issue to the
applicant a permit that has terms and conditions consistent with
the terms and conditions of the district permit and authorizes
production amounts equal to the amounts authorized by the district
permit.
(f) If an applicant timely files a motion for
reconsideration under Subsection (c) of this section, not later
than the 90th day after the date on which the authority receives the
motion, the authority shall review the district record of the
application and, after notice to the applicant and an opportunity
for a hearing, make an independent recommendation on the issuance
of a permit based on the district's rules in effect on January 1,
2004, regarding the issuance of historic or existing use permits
and evidence in the record, including any additional information
presented by the applicant during a hearing conducted by the
authority.
(g) If an applicant received a permit from the district and
timely filed a motion for rehearing with the district, the
authority shall review the permit issued by the district and the
hearing report prepared by the district's presiding officer, as
that hearing report may have been amended on the record during the
district's public hearing on the application, and:
(1) issue to the applicant a permit that has terms and
conditions consistent with the hearing report as it may have been
amended during the district's hearings on the permit and authorizes
production amounts equal to the amounts recommended by the report;
or
(2) if the authority finds, after notice to the
applicant and an opportunity for a hearing, that the
recommendations in the hearing report are not supported by any
evidence on the record, issue to the applicant a permit with terms,
conditions, and production amounts the authority determines are
supported by evidence on the record.
(h) If the district has not granted a permit to an applicant
who submitted an application before the effective date of this Act,
but the presiding officer of the district has prepared a hearing
report on the application and the district has held a public hearing
on the application, the authority shall review the hearing report
and any amendment to the report that may have been made on the
record during the hearing and:
(1) issue to the applicant a permit that has terms and
conditions consistent with the hearing report as it may have been
amended during the hearing and authorizes production amounts equal
to the amounts recommended by the report; or
(2) if the authority finds, after notice to the
applicant and an opportunity for a hearing, that the
recommendations in the hearing report are not supported by any
evidence on the record, issue to the applicant a permit with terms,
conditions, and production amounts the authority determines are
supported by evidence on the record.
(i) An applicant aggrieved by the authority's decision on a
permit issued by the authority under this section may file a motion
for rehearing with the authority not later than the 20th day after
the date on which the authority issues the permit to the applicant
in writing. Not later than the 45th day after the date on which the
authority receives the motion, the authority shall act on the
motion. If the authority does not act on the motion in the time
allowed, the motion for rehearing is overruled by operation of law.
The authority's decision on a permit is final and appealable when
the motion for rehearing is overruled, in whole or in part, by the
authority in writing or by operation of law. The timely filing of a
motion for rehearing is a prerequisite to an appeal of the
authority's decision on a permit issued under this section. An
applicant aggrieved by the authority's decision on the motion for
rehearing may appeal the authority's decision by filing suit in
district court under Subchapter H, Chapter 36, Water Code. On
appeal, the district court shall conduct a trial de novo on the
application.
SECTION 16. TRANSITION: APPOINTMENT TO SOUTH CENTRAL TEXAS
WATER ADVISORY COMMITTEE. 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 Subsection (a), Section 1.10, Chapter 626, Acts of
the 73rd Legislature, Regular Session, 1993, as amended by this
Act.
SECTION 17. 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 18. EFFECTIVE DATE. This Act takes effect
September 1, 2005.