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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of groundwater permits by the Edwards |
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Aquifer Authority to persons who establish that they beneficially |
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used groundwater during a certain period. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1.03(10), Chapter 626, Acts of the 73rd |
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Legislature, Regular Session, 1993, is amended to read as follows: |
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(10) "Existing user" means a person who has withdrawn and |
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beneficially used underground water from the aquifer on or before |
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June 28, 1996 [1, 1993] |
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SECTION 2. Article 1, Section 1.14(e), Chapter 626, Acts of |
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73rd Legislature, Regular Session, 1993, is amended to read as |
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follows: |
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(e) The authority may not allow withdrawals from the aquifer |
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through wells drilled after June 28, 1996 [1, 1993], except |
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additional water as provided by Subsection (d) and then on an |
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interruptible basis. |
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SECTION 3. Sections 1.16(a) and (b), Chapter 626, Acts of |
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73rd Legislature, Regular Session, 1993, are amended to read as |
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follows: |
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(a) An existing user may apply for an initial regular permit |
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by filing a declaration of historical use of underground water |
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withdrawn from the aquifer during the historical period from June |
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1, 1972, through June 28, 1996 [May 31, 1993]. |
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(b) An existing user's declaration of historical use must be |
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filed on or before February 28, 1997 [March 1, 1994], on a form |
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prescribed by the board. An applicant for a permit must timely pay |
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all application fees required by the board. An owner of a well used |
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for irrigation must include additional documentation of the number |
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of acres irrigated during the historical period provided by |
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Subsection (a) of this section. |
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SECTION 4. Article 1, Section 1.18(b), Chapter 626, Acts of |
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73rd Legislature, Regular Session, 1993, is amended to read as |
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follows: |
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(b) The authority may not consider or take action on an |
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application relating to a proposed or existing well of which there |
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is no evidence of actual beneficial use before June 28, 1996 [1,
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1993], until a final determination has been made on all initial |
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regular permit applications submitted on or before the initial |
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application date of February 28, 1997 [March 1, 1994]. |
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SECTION 5. |
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(a) This Act takes effect immediately if it receives a vote |
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of two-thirds of all the members elected to each house, as provided |
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by Section 39, Article III, Texas Constitution. If this Act does |
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not receive the vote necessary for immediate effect, this Act takes |
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effect September 1, 2007. |
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(b) This Act shall not affect any initial regular permit |
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issued by the authority after entry of a final order unless the |
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applicant for an initial regular permit has initiated an appeal or |
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any litigation against the authority prior to April 1, 2007. |