80R14385 SGA-F
 
  By: Puente H.B. No. 1292
 
Substitute the following for H.B. No. 1292:
 
  By:  Puente C.S.H.B. No. 1292
 
A BILL TO BE ENTITLED
AN ACT
relating to the management of groundwater in the area regulated by
the Edwards Aquifer Authority and to the operations and oversight
of the authority.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 1.11(f), 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 form of recharge project and associated facilities,
structures, or works.
       SECTION 2.  Chapter 626, Acts of the 73rd Legislature,
Regular Session, 1993, is amended by adding Section 1.111 to read as
follows:
       Sec. 1.111.  RECOVERY IMPLEMENTATION PROGRAM FOR LISTED
THREATENED AND ENDANGERED SPECIES.  (a) The authority, the
commission, the Parks and Wildlife Department, and the Texas Water
Development Board shall cooperate in the development of a recovery
implementation program for the species that are:
             (1)  listed as threatened or endangered species under
federal law; and
             (2)  associated with the aquifer.
       (b)  The recovery implementation program must be developed
through a cooperative agreement with the United States secretary of
the interior, through the United States Fish and Wildlife Service,
under Section 6(c), Endangered Species Act of 1973 (16 U.S.C.
Section 1535). The authority and the state agencies shall use all
good faith efforts to approve and execute the cooperative agreement
not later than January 1, 2012, so that the agreement may take
effect not later than December 31, 2012. The cooperative agreement
must include agreements by the parties to pursue grant funding to
the extent available from all available state, federal, and other
sources for eligible programs under the cooperative agreement. In
developing the cooperative agreement, the authority, the
commission, the Parks and Wildlife Department, and the Texas Water
Development Board shall solicit advice from the United States Fish
and Wildlife Service and, to the extent practicable, all interested
stakeholders, including the San Antonio Water System, other holders
of initial regular permits issued by the authority, the South
Central Texas Water Advisory Committee, the Guadalupe-Blanco River
Authority, other holders of surface water rights in the Guadalupe
River Basin, recreational interests in the Guadalupe River Basin,
the Guadalupe Basin Coalition, the Texas Farm Bureau, and
environmental interests.
       (c)  Not later than October 31 of each even-numbered year,
the authority shall file with the governor and each house of the
legislature a written report on the progress of the recovery
implementation program and any actions taken as a result of the
program.
       (d)  On completion of the recovery implementation program,
the results of the program shall provide the basis for reevaluation
and adjustment, if necessary, of the amount of permitted
withdrawals authorized under Section 1.14(c) of this article and
the withdrawal reduction percentages specified by Section 1.26(b)
of this article.
       SECTION 3.  Sections 1.14(c), (e), (f), and (h), Chapter
626, Acts of the 73rd Legislature, Regular Session, 1993, are
amended to read as follows:
       (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, 2008, the amount of permitted withdrawals from
the aquifer may not exceed the sum of the amounts of groundwater
authorized to be withdrawn under:
             (1)  all initial regular permits identified in the
Order Implementing a Final Phase-2 Proportional Adjustment and
Amending Certain Initial Regular Permits issued by the board on
November 8, 2005;
             (2)  a final order issued by the board granting an
application for an initial regular permit that was timely filed and
was pending with the authority on November 8, 2005; and
             (3)  a final judgment of a court in:
                   (A)  an administrative appeal from a final
decision of the board on an application for an initial regular
permit; and
                   (B)  any other type of cause of action that
requires the authority to issue a permit [400,000 acre-feet of
water for each calendar year].
       (e)  The authority may not allow withdrawals from the aquifer
through wells drilled after June 1, 1993[, except additional water
as provided by Subsection (d) and then on an interruptible basis].
       (f)  If the level of the aquifer is equal to or greater than
660 [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. If the springflow of
the San Marcos Springs is equal to or greater than 120 cubic feet
per second at the San Marcos Springs gauging station, the authority
may authorize withdrawal from the San Marcos 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. 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
in accordance with Section 1.26 of this article; or
             (2)  implementation of alternative management
practices, procedures, and methods.
       SECTION 4.  Section 1.15(c), 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 by Sections 1.14(f) and
(h) and 1.26 of this article, initial regular permits may not be
issued on an interruptible basis, and the total withdrawals
authorized by all initial regular permits issued by the authority
may not exceed the limitations provided by Section 1.14 of this
article.
       SECTION 5.  Section 1.19, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, is amended by amending
Subsection (b) and adding Subsection (d) 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) of this article is
greater than 350 cubic feet per second.
       (d)  A holder of a term permit may not withdraw water from the
San Marcos pool of the aquifer unless the springflow of the San
Marcos Springs is greater than 200 cubic feet per second, as
measured at the San Marcos Springs gauging station.
       SECTION 6.  Sections 1.21 and 1.26, Chapter 626, Acts of the
73rd Legislature, Regular Session, 1993, are amended to read as
follows:
       Sec. 1.21.  PERMIT RETIREMENT. (a) If required in order to
implement Section 1.14(h) of this article, the [The] authority
shall prepare and, by rule, implement a plan to retire [for
reducing, by January 1, 2008,] the amount of groundwater [maximum
annual volume of water] authorized under Section 1.14(c) of this
article to be withdrawn from the aquifer under initial regular
permits to the required reduction level [400,000 acre-feet a year
or the adjusted amount determined under Subsection (d) of Section
1.14 of this article].
       (b)  The plan must be enforceable and must include [water
conservation and reuse measures,] measures to retire water rights
in order[, and other water management measures designed] to achieve
the required reduction level [levels or appropriate management of
the resource].
       (c)  The authority may implement the retirement plan through
voluntary acquisitions. If voluntary methods are unsuccessful in
attaining the required reduction level, the authority shall reduce
the amount of water authorized to be withdrawn under each initial
regular permit [If, on or after January 1, 2008, the overall volume
of water authorized to be withdrawn from the aquifer under regular
permits is greater than 400,000 acre-feet a year or greater than the
adjusted amount determined under Subsection (d) of Section 1.14 of
this article, the maximum authorized withdrawal of each regular
permit shall be immediately reduced] by an equal percentage as [is]
necessary to achieve the required reduction level [reduce overall
maximum demand to 400,000 acre-feet a year or the adjusted amount,
as appropriate]. The amount reduced may be restored, in whole or in
part, as other appropriate measures are implemented that maintain
overall demand at or below the appropriate amount.
       Sec. 1.26.  CRITICAL PERIOD MANAGEMENT PLAN. (a) The
authority shall prepare and coordinate implementation of a [plan
for] critical period management plan in a manner consistent with
Sections 1.14(f) and (h) of this article [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, 2008,
the authority shall, by rule, adopt and enforce a critical period
management plan with withdrawal reduction percentages in the
amounts indicated in Tables 1, 2, and 3, 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, 30 percent under Table 2, and 40 percent
under Table 3:
TABLE 1 - CUMULATIVE CRITICAL PERIOD WITHDRAWAL REDUCTION STAGES
FOR THE SAN ANTONIO POOL
INDEX WELL COMAL SPRINGS FLOW CFS SAN MARCOS SPRINGS FLOW CFS CRITICAL PERIOD STAGE WITHDRAWAL REDUCTION PERCENTAGE
J-17 LEVEL COMAL SPRINGS FLOW CFS SAN MARCOS SPRINGS FLOW CFS CRITICAL PERIOD STAGE WITHDRAWAL REDUCTION PERCENTAGE
MSL COMAL SPRINGS FLOW CFS SAN MARCOS SPRINGS FLOW CFS CRITICAL PERIOD STAGE WITHDRAWAL REDUCTION PERCENTAGE
660 N/A <96 I 15%
650 N/A <80 II 5%
640 <150 N/A III 10%
630 <100 N/A IV 10%
TABLE 2 - CUMULATIVE CRITICAL PERIOD WITHDRAWAL REDUCTION STAGES
FOR THE UVALDE POOL
INDEX WELL J-27 LEVEL CRITICAL PERIOD STAGE WITHDRAWAL REDUCTION PERCENTAGE
MSL CRITICAL PERIOD STAGE WITHDRAWAL REDUCTION PERCENTAGE
N/A N/A N/A
N/A II N/A
845 III 15%
842 IV 15%
TABLE 3 - CUMULATIVE CRITICAL PERIOD WITHDRAWAL REDUCTION STAGES
FOR THE SAN MARCOS POOL
SAN MARCOS SPRINGS LEVEL CRITICAL PERIOD STAGE WITHDRAWAL REDUCTION PERCENTAGE
MSL CRITICAL PERIOD STAGE WITHDRAWAL REDUCTION PERCENTAGE
120 I 20%
110 II 5%
96 III 5%
80 IV 10%
       (c)  The authority shall continuously track the average
daily discharge rate measured over each period of five consecutive
days at the 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.  If, after a reduction in withdrawals to the Stage IV
reduction level is required, the discharge rate at the Comal
Springs or the San Marcos Springs declines by an additional 15
percent, the board, by order, may require further withdrawal
reductions.  Notwithstanding any other provision of this article,
the aggregate permitted withdrawals for the San Antonio pool, the
Uvalde pool, and any other pool defined under Section 1.14(g) of
this article may not be reduced to less than 340,000 acre-feet for
each calendar year.
       (d)  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 Subsection (b) of this section based
on consultation with and consideration of any recommendations of
the United States Fish and Wildlife Service.
       SECTION 7.  Sections 1.29(a), (b), (d), and (i), Chapter
626, Acts of the 73rd Legislature, Regular Session, 1993, are
amended to read as follows:
       (a)  Seventy-five percent of the [The] cost of [reducing
withdrawals or] permit retirements under Section 1.21 of this
article must be borne[:
             [(1)  solely by users of the aquifer for reducing
withdrawals from the level on the effective date of this article to
450,000 acre-feet a year, or the adjusted amount determined under
Subsection (d) of Section 1.14 of this article for the period ending
December 31, 2007; and
             [(2) equally] by aquifer users and 25 percent of the
cost must be borne by [downstream] water rights holders whose
points of diversion are downstream of the Comal Springs and the San
Marcos Springs in the Guadalupe River Basin [for permit retirements
from 450,000 acre-feet a year, or the adjusted amount determined
under Subsection (d) of Section 1.14 of this article for the period
ending December 31, 2007, to 400,000 acre-feet a year, or the
adjusted amount determined under Subsection (d) of Section 1.14 of
this article, for the period beginning January 1, 2008].
       (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.
       (d)  The commission shall assess equitable special fees on
all [downstream] water rights holders whose points of diversion are
downstream of the Comal Springs and the San Marcos Springs in the
Guadalupe River Basin to be used solely to finance the retirement of
aquifer rights necessary to meet the goals provided by Section 1.21
of this article. Fees assessed under this subsection may not exceed
25 percent [one-half] of the total cost of permit retirements under
Section 1.21 of this article [from 450,000 acre-feet a year, or the
adjusted amount determined under Subsection (d) of Section 1.14 of
this article, for the period ending December 31, 2007, to 400,000
acre-feet a year for the period beginning January 1, 2008]. The
authority shall report to the commission the estimated costs of the
retirements. The amount of fees assessed under this subsection
shall be determined in accordance with rules adopted by the
commission for fees under the South Texas watermaster program with
adjustments as necessary to ensure that fees are equitable between
users, including priority and nonpriority hydroelectric users. A
downstream water rights holder shall pay fees assessed under this
subsection to the authority. A fee may not be assessed by the
commission under this subsection on contractual deliveries of water
stored in Canyon Lake that may be diverted downstream of the San
Marcos Springs or Canyon Dam. A person or entity making a
contractual sale of water stored upstream of Canyon Dam may not
establish a systemwide rate that requires purchasers of
upstream-stored water to pay the special fee assessed under this
subsection.
       (i)  The authority shall provide money or services as
necessary, but not to exceed $75,000 annually [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 8.  Section 1.45(a), 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 9.  Sections 1.14(b) and (d) and 1.18, Chapter 626,
Acts of the 73rd Legislature, Regular Session, 1993, are repealed.
       SECTION 10.  This Act takes effect September 1, 2007.