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A BILL TO BE ENTITLED
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AN ACT
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relating to the management of groundwater in the area regulated by |
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the Edwards Aquifer Authority and to the operations and oversight |
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of the authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1.11(f), Chapter 626, Acts of the 73rd |
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Legislature, Regular Session, 1993, is amended to read as follows: |
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(f) The authority may own, finance, design, [contract with a
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person who uses water from the aquifer for the authority or that
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person to] construct, operate, or [own, finance, and] maintain |
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recharge [water supply] facilities or contract with a person who |
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uses water from the aquifer for the authority or that person to own, |
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finance, design, construct, operate, or maintain recharge |
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facilities. [Management fees or special fees may not be used for
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purchasing or operating these facilities.] For the purpose of this |
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subsection, "recharge [water supply] facility" means [includes] a |
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dam, reservoir, [treatment facility, transmission facility,] or |
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other form of recharge project and associated facilities, |
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structures, or works. |
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SECTION 2. Chapter 626, Acts of the 73rd Legislature, |
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Regular Session, 1993, is amended by adding Section 1.111 to read as |
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follows: |
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Sec. 1.111. RECOVERY IMPLEMENTATION PROGRAM FOR LISTED |
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THREATENED AND ENDANGERED SPECIES. (a) The authority, the |
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commission, the Parks and Wildlife Department, and the Texas Water |
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Development Board shall cooperate in the development of a recovery |
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implementation program for the species that are: |
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(1) listed as threatened or endangered species under |
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federal law; and |
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(2) associated with the aquifer. |
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(b) The recovery implementation program must be developed |
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through a cooperative agreement with the United States secretary of |
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the interior, through the United States Fish and Wildlife Service, |
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under Section 6(c), Endangered Species Act of 1973 (16 U.S.C. |
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Section 1535). The authority and the state agencies shall use all |
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good faith efforts to approve and execute the cooperative agreement |
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not later than January 1, 2012, so that the agreement may take |
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effect not later than December 31, 2012. The cooperative agreement |
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must include agreements by the parties to pursue grant funding to |
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the extent available from all available state, federal, and other |
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sources for eligible programs under the cooperative agreement. In |
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developing the cooperative agreement, the authority, the |
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commission, the Parks and Wildlife Department, and the Texas Water |
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Development Board shall solicit advice from the United States Fish |
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and Wildlife Service and, to the extent practicable, all interested |
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stakeholders, including the San Antonio Water System, other holders |
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of initial regular permits issued by the authority, the South |
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Central Texas Water Advisory Committee, the Guadalupe-Blanco River |
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Authority, other holders of surface water rights in the Guadalupe |
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River Basin, recreational interests in the Guadalupe River Basin, |
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the Guadalupe Basin Coalition, the Texas Farm Bureau, and |
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environmental interests. |
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(c) Not later than October 31 of each even-numbered year, |
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the authority shall file with the governor and each house of the |
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legislature a written report on the progress of the recovery |
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implementation program and any actions taken as a result of the |
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program. |
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(d) On completion of the recovery implementation program, |
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the results of the program shall provide the basis for reevaluation |
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and adjustment, if necessary, of the amount of permitted |
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withdrawals authorized under Section 1.14(c) of this article and |
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the withdrawal reduction percentages specified by Section 1.26(b) |
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of this article. |
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SECTION 3. Sections 1.14(c), (e), (f), and (h), Chapter |
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626, Acts of the 73rd Legislature, Regular Session, 1993, are |
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amended to read as follows: |
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(c) Except as provided by Subsections [(d),] (f)[,] and (h) |
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of this section [and Section 1.26 of this article], for the period |
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beginning January 1, 2008, the amount of permitted withdrawals from |
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the aquifer may not exceed the sum of the amounts of groundwater |
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authorized to be withdrawn under: |
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(1) all initial regular permits identified in the |
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Order Implementing a Final Phase-2 Proportional Adjustment and |
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Amending Certain Initial Regular Permits issued by the board on |
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November 8, 2005; |
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(2) a final order issued by the board granting an |
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application for an initial regular permit that was timely filed and |
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was pending with the authority on November 8, 2005; and |
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(3) a final judgment of a court in: |
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(A) an administrative appeal from a final |
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decision of the board on an application for an initial regular |
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permit; and |
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(B) any other type of cause of action that |
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requires the authority to issue a permit [400,000 acre-feet of
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water for each calendar year]. |
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(e) The authority may not allow withdrawals from the aquifer |
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through wells drilled after June 1, 1993[, except additional water
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as provided by Subsection (d) and then on an interruptible basis]. |
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(f) If the level of the aquifer is equal to or greater than |
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660 [650] feet above mean sea level as measured at Well J-17, the |
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authority may authorize withdrawal from the San Antonio pool, on an |
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uninterruptible basis, of permitted amounts. If the level of the |
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aquifer is equal to or greater than 845 feet at Well J-27, the |
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authority may authorize withdrawal from the Uvalde pool, on an |
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uninterruptible basis, of permitted amounts. If the springflow of |
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the San Marcos Springs is equal to or greater than 120 cubic feet |
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per second at the San Marcos Springs gauging station, the authority |
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may authorize withdrawal from the San Marcos pool, on an |
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uninterruptible basis, of permitted amounts. In accordance with |
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Section 1.26 of this article, the [The] authority shall limit the |
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additional withdrawals to ensure that springflows are not affected |
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during critical drought conditions. |
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(h) To accomplish the purposes of this article, [by June 1,
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1994,] the authority, through a program, shall implement and |
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enforce water management practices, procedures, and methods to |
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ensure that, not later than December 31, 2012, the continuous |
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minimum springflows of the Comal Springs and the San Marcos Springs |
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are maintained to protect endangered and threatened species to the |
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extent required by federal law. The authority from time to time as |
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appropriate may revise the practices, procedures, and methods. To |
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meet this requirement, the authority shall require: |
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(1) phased reductions in the amount of water that may |
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be used or withdrawn by existing users or categories of other users |
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in accordance with Section 1.26 of this article; or |
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(2) implementation of alternative management |
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practices, procedures, and methods. |
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SECTION 4. Section 1.15(c), Chapter 626, Acts of the 73rd |
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Legislature, Regular Session, 1993, is amended to read as follows: |
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(c) The authority may issue regular permits, term permits, |
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and emergency permits. Except as provided by Sections 1.14(f) and |
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(h) and 1.26 of this article, initial regular permits may not be |
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issued on an interruptible basis, and the total withdrawals |
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authorized by all initial regular permits issued by the authority |
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may not exceed the limitations provided by Section 1.14 of this |
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article. |
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SECTION 5. Section 1.19, Chapter 626, Acts of the 73rd |
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Legislature, Regular Session, 1993, is amended by amending |
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Subsection (b) and adding Subsection (d) to read as follows: |
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(b) Withdrawal of water under a term permit must be |
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consistent with the authority's critical period management plan |
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established under Section 1.26 of this article. A holder of a term |
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permit may not withdraw water from the San Antonio pool of the |
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aquifer unless the level of the aquifer is higher than 675 [665] |
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feet above sea level, as measured at Well J-17, and the flow at |
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Comal Springs as determined by Section 1.26(c) of this article is |
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greater than 350 cubic feet per second. |
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(d) A holder of a term permit may not withdraw water from the |
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San Marcos pool of the aquifer unless the springflow of the San |
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Marcos Springs is greater than 200 cubic feet per second, as |
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measured at the San Marcos Springs gauging station. |
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SECTION 6. Sections 1.21 and 1.26, Chapter 626, Acts of the |
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73rd Legislature, Regular Session, 1993, are amended to read as |
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follows: |
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Sec. 1.21. PERMIT RETIREMENT. (a) If required in order to |
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implement Section 1.14(h) of this article, the [The] authority |
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shall prepare and, by rule, implement a plan to retire [for
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reducing, by January 1, 2008,] the amount of groundwater [maximum
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annual volume of water] authorized under Section 1.14(c) of this |
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article to be withdrawn from the aquifer under initial regular |
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permits to the required reduction level [400,000 acre-feet a year
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or the adjusted amount determined under Subsection (d) of Section
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1.14 of this article]. |
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(b) The plan must be enforceable and must include [water
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conservation and reuse measures,] measures to retire water rights |
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in order[, and other water management measures designed] to achieve |
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the required reduction level [levels or appropriate management of
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the resource]. |
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(c) The authority may implement the retirement plan through |
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voluntary acquisitions. If voluntary methods are unsuccessful in |
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attaining the required reduction level, the authority shall reduce |
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the amount of water authorized to be withdrawn under each initial |
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regular permit [If, on or after January 1, 2008, the overall volume
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of water authorized to be withdrawn from the aquifer under regular
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permits is greater than 400,000 acre-feet a year or greater than the
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adjusted amount determined under Subsection (d) of Section 1.14 of
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this article, the maximum authorized withdrawal of each regular
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permit shall be immediately reduced] by an equal percentage as [is] |
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necessary to achieve the required reduction level [reduce overall
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maximum demand to 400,000 acre-feet a year or the adjusted amount,
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as appropriate]. The amount reduced may be restored, in whole or in |
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part, as other appropriate measures are implemented that maintain |
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overall demand at or below the appropriate amount. |
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Sec. 1.26. CRITICAL PERIOD MANAGEMENT PLAN. (a) The |
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authority shall prepare and coordinate implementation of a [plan
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for] critical period management plan in a manner consistent with |
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Sections 1.14(f) and (h) of this article [on or before September 1,
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1995]. The mechanisms must: |
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(1) distinguish between discretionary use and |
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nondiscretionary use; |
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(2) require reductions of all discretionary use to the |
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maximum extent feasible; |
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(3) require utility pricing, to the maximum extent |
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feasible, to limit discretionary use by the customers of water |
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utilities; and |
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(4) require reduction of nondiscretionary use by |
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permitted or contractual users, to the extent further reductions |
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are necessary, in the reverse order of the following water use |
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preferences: |
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(A) municipal, domestic, and livestock; |
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(B) industrial and crop irrigation; |
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(C) residential landscape irrigation; |
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(D) recreational and pleasure; and |
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(E) other uses that are authorized by law. |
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(b) In this section, "MSL" means the elevation, measured in |
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feet, of the surface of the water in a well above mean sea level, and |
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"CFS" means cubic feet per second. Not later than January 1, 2008, |
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the authority shall, by rule, adopt and enforce a critical period |
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management plan with withdrawal reduction percentages in the |
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amounts indicated in Tables 1, 2, and 3, whether according to the |
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index well levels or Comal Springs flow as may be applicable, for a |
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total in critical period Stage IV of 40 percent of the permitted |
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withdrawals under Table 1, 30 percent under Table 2, and 40 percent |
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under Table 3: |
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TABLE 1 - CUMULATIVE CRITICAL PERIOD WITHDRAWAL REDUCTION STAGES |
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FOR THE SAN ANTONIO POOL |
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INDEX WELL |
COMAL SPRINGS FLOW CFS |
SAN MARCOS SPRINGS FLOW CFS |
CRITICAL PERIOD STAGE |
WITHDRAWAL REDUCTION PERCENTAGE |
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J-17 LEVEL |
COMAL SPRINGS FLOW CFS |
SAN MARCOS SPRINGS FLOW CFS |
CRITICAL PERIOD STAGE |
WITHDRAWAL REDUCTION PERCENTAGE |
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MSL |
COMAL SPRINGS FLOW CFS |
SAN MARCOS SPRINGS FLOW CFS |
CRITICAL PERIOD STAGE |
WITHDRAWAL REDUCTION PERCENTAGE |
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TABLE 2 - CUMULATIVE CRITICAL PERIOD WITHDRAWAL REDUCTION STAGES |
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FOR THE UVALDE POOL |
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INDEX WELL J-27 LEVEL |
CRITICAL PERIOD STAGE |
WITHDRAWAL REDUCTION PERCENTAGE |
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MSL |
CRITICAL PERIOD STAGE |
WITHDRAWAL REDUCTION PERCENTAGE |
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TABLE 3 - CUMULATIVE CRITICAL PERIOD WITHDRAWAL REDUCTION STAGES |
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FOR THE SAN MARCOS POOL |
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SAN MARCOS SPRINGS LEVEL |
CRITICAL PERIOD STAGE |
WITHDRAWAL REDUCTION PERCENTAGE |
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MSL |
CRITICAL PERIOD STAGE |
WITHDRAWAL REDUCTION PERCENTAGE |
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(c) The authority shall continuously track the average |
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daily discharge rate measured over each period of five consecutive |
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days at the Comal Springs to determine whether a reduction in |
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withdrawals to the Stage III reduction level is required. The |
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authority shall track the average daily discharge rate measured for |
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any five days in a period of 10 consecutive days to determine |
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whether a reduction in withdrawals to the Stage IV reduction level |
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is required. If, after a reduction in withdrawals to the Stage IV |
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reduction level is required, the discharge rate at the Comal |
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Springs or the San Marcos Springs declines by an additional 15 |
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percent, the board, by order, may require further withdrawal |
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reductions. Notwithstanding any other provision of this article, |
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the aggregate permitted withdrawals for the San Antonio pool, the |
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Uvalde pool, and any other pool defined under Section 1.14(g) of |
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this article may not be reduced to less than 340,000 acre-feet for |
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each calendar year. |
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(d) From time to time, the authority, by rule, may amend the |
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withdrawal reduction criteria of the authority's critical period |
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management plan as set forth in Subsection (b) of this section based |
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on consultation with and consideration of any recommendations of |
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the United States Fish and Wildlife Service. |
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SECTION 7. Sections 1.29(a), (b), (d), and (i), Chapter |
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626, Acts of the 73rd Legislature, Regular Session, 1993, are |
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amended to read as follows: |
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(a) Seventy-five percent of the [The] cost of [reducing
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withdrawals or] permit retirements under Section 1.21 of this |
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article must be borne[:
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[(1) solely by users of the aquifer for reducing
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withdrawals from the level on the effective date of this article to
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450,000 acre-feet a year, or the adjusted amount determined under
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Subsection (d) of Section 1.14 of this article for the period ending
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December 31, 2007; and
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[(2) equally] by aquifer users and 25 percent of the |
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cost must be borne by [downstream] water rights holders whose |
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points of diversion are downstream of the Comal Springs and the San |
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Marcos Springs in the Guadalupe River Basin [for permit retirements
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from 450,000 acre-feet a year, or the adjusted amount determined
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under Subsection (d) of Section 1.14 of this article for the period
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ending December 31, 2007, to 400,000 acre-feet a year, or the
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adjusted amount determined under Subsection (d) of Section 1.14 of
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this article, for the period beginning January 1, 2008]. |
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(b) The authority shall assess equitable aquifer management |
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fees based on aquifer use under the water management plan to finance |
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its administrative expenses and programs authorized under this |
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article. Each water district governed by Chapter 36 [52], Water |
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Code, that is within the authority's boundaries may contract with |
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the authority to pay expenses of the authority through taxes in lieu |
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of user fees to be paid by water users in the district. The contract |
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must provide that the district will pay an amount equal to the |
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amount that the water users in the district would have paid through |
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user fees. The authority may not collect a total amount of fees and |
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taxes that is more than is reasonably necessary for the |
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administration of the authority. |
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(d) The commission shall assess equitable special fees on |
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all [downstream] water rights holders whose points of diversion are |
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downstream of the Comal Springs and the San Marcos Springs in the |
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Guadalupe River Basin to be used solely to finance the retirement of |
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aquifer rights necessary to meet the goals provided by Section 1.21 |
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of this article. Fees assessed under this subsection may not exceed |
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25 percent [one-half] of the total cost of permit retirements under |
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Section 1.21 of this article [from 450,000 acre-feet a year, or the
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adjusted amount determined under Subsection (d) of Section 1.14 of
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this article, for the period ending December 31, 2007, to 400,000
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acre-feet a year for the period beginning January 1, 2008]. The |
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authority shall report to the commission the estimated costs of the |
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retirements. The amount of fees assessed under this subsection |
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shall be determined in accordance with rules adopted by the |
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commission for fees under the South Texas watermaster program with |
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adjustments as necessary to ensure that fees are equitable between |
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users, including priority and nonpriority hydroelectric users. A |
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downstream water rights holder shall pay fees assessed under this |
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subsection to the authority. A fee may not be assessed by the |
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commission under this subsection on contractual deliveries of water |
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stored in Canyon Lake that may be diverted downstream of the San |
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Marcos Springs or Canyon Dam. A person or entity making a |
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contractual sale of water stored upstream of Canyon Dam may not |
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establish a systemwide rate that requires purchasers of |
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upstream-stored water to pay the special fee assessed under this |
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subsection. |
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(i) The authority shall provide money or services as |
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necessary, but not to exceed $75,000 annually [five percent of the
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money collected under Subsection (d) of this section], to finance |
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the South Central Texas Water Advisory Committee's administrative |
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expenses and programs authorized under this article. |
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SECTION 8. Section 1.45(a), Chapter 626, Acts of the 73rd |
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Legislature, Regular Session, 1993, is amended to read as follows: |
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(a) The authority may own, finance, design, construct, |
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[build or] operate, and maintain recharge dams and associated |
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facilities, structures, or works in the contributing or recharge |
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area of the aquifer if the recharge is made to increase the yield of |
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the aquifer and the recharge project does not impair senior water |
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rights or vested riparian rights. |
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SECTION 9. Sections 1.14(b) and (d) and 1.18, Chapter 626, |
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Acts of the 73rd Legislature, Regular Session, 1993, are repealed. |
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SECTION 10. This Act takes effect September 1, 2007. |