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A BILL TO BE ENTITLED
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AN ACT
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relating to the maximum permitted withdrawals and critical period |
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management of groundwater in the area regulated by the Edwards |
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Aquifer Authority and to the operations and oversight of the |
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Edwards Aquifer 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 method of recharge project and associated facilities, |
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structures, or works. |
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SECTION 2. Sections 1.14(a), (c), (e), (f), and (h), |
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Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993, |
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are amended to read as follows: |
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(a) Authorizations to withdraw water from the aquifer and |
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all authorizations and rights to make a withdrawal under this Act |
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shall be limited in accordance with this section to: |
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(1) protect the water quality of the aquifer; |
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(2) protect the water quality of the surface streams |
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to which the aquifer provides springflow; |
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(3) achieve water conservation; |
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(4) maximize the beneficial use of water available for |
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withdrawal from the aquifer; |
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(5) recognize the hydro-geologic connection and |
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interaction between surface water and groundwater; |
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(6) protect aquatic and wildlife habitat; |
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(7) [(6)] protect species that are designated as |
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threatened or endangered under applicable federal or state law; and |
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(8) [(7)] provide for instream uses, bays, and |
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estuaries. |
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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 all regular permits issued or |
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for which an application was filed and issuance was pending action |
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by the authority as of January 1, 2005 [400,000 acre-feet of water
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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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665 [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. 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 and to achieve other purposes |
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provided by Subsection (a) of this section and Section 1.26 of this |
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article. The authority from time to time as appropriate may revise |
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the practices, procedures, and methods. To meet this requirement, |
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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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including reductions in accordance with the authority's critical |
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period management plan established under Section 1.26 of this |
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article; or |
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(2) implementation of alternative management |
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practices, procedures, and methods. |
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SECTION 3. 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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1.26 of this article, regular permits may not be issued on an |
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interruptible basis, and the total withdrawals authorized by all |
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regular permits issued by the authority may not exceed the |
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limitations provided by Section 1.14 of this article. |
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SECTION 4. Section 1.19(b), Chapter 626, Acts of the 73rd |
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Legislature, Regular Session, 1993, is amended 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 cfs. |
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SECTION 5. Article 1, Chapter 626, Acts of the 73rd |
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Legislature, Regular Session, 1993, is amended by amending Section |
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1.26 and adding Section 1.26A to read as follows: |
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Sec. 1.26. CRITICAL PERIOD MANAGEMENT PLAN. (a) After |
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review of the recommendations received, as prescribed by Section |
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1.26A of this article, the [The] authority shall prepare and |
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coordinate implementation of a [plan for] critical period |
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management plan in a manner consistent with Section 1.14(a) of this |
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article [on or before September 1, 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 above mean |
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sea level, measured in feet, of the surface of the water in a well, |
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and "CFS" means cubic feet per second. Not later than January 1, |
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2008, the authority shall, by rule, adopt and enforce a critical |
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period management plan with withdrawal reduction percentages in the |
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amounts indicated in Tables 1 and 2 whether according to the index |
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well levels or Comal Springs flow as may be applicable, for a total |
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in critical period Stage IV of 40 percent of the permitted |
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withdrawals under Table 1 and 30 percent under Table 2: |
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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 J-17 |
COMAL SPRINGS FLOW CFS |
CRITICAL PERIOD STAGE |
WITHDRAWAL REDUCTION PERCENTAGE |
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LEVEL MSL |
COMAL 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 MSL FOR |
CRITICAL PERIOD STAGE |
WITHDRAWAL REDUCTION PERCENTAGE |
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UVALDE POOL |
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 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. |
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(d) Beginning January 1, 2008, the authority shall reduce |
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the volume of permitted withdrawals to an annualized rate of |
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340,000 acre-feet, under critical period Stage IV. After January |
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1, 2012, the authority shall reduce the volume of permitted |
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withdrawals to 320,000 acre-feet, under critical period Stage IV. |
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(e) After January 1, 2020, the authority, after review and |
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consideration of recommendations received by the authority under |
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Section 1.26A of this article, shall adjust the volume of permitted |
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withdrawals to an appropriate annualized rate under critical period |
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Stage IV that is consistent with maintaining the protections |
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contained in Section 1.14(a) of this article. |
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(f) 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 Subsections (b), (c), and (e) of |
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this section, after review and consideration of the recommendations |
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from the Environmental Flows Commission, or the Texas Water |
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Development Board if the Environmental Flows Commission is not |
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established, the Edwards Aquifer area expert science team, and the |
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Edwards Aquifer Area Stakeholders Committee, as prescribed by |
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Section 1.26A of this article. The amended plan must be consistent |
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with Section 1.14(a) of this article. |
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Sec. 1.26A. DEVELOPMENT OF WITHDRAWAL REDUCTION LEVELS AND |
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STAGES FOR CRITICAL PERIOD MANAGEMENT. (a) The Environmental |
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Flows Commission, as established under Subchapter B, Chapter 11, |
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Water Code, or the Texas Water Development Board if the |
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Environmental Flows Commission is not established, shall appoint a |
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15-member Edwards Aquifer Area Stakeholders Committee not later |
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than January 1, 2008. The composition of the committee will be as |
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follows: |
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(1) five holders of municipal permits issued by the |
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authority; |
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(2) two holders of irrigation permits issued by the |
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authority; |
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(3) three holders of industrial permits issued by the |
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authority; |
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(4) two downstream water rights holders in the |
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Guadalupe River basin; |
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(5) two downstream water rights holders in the Nueces |
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River basin; and |
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(6) one representative of a public interest group |
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related to instream flows in the Guadalupe River basin and bay and |
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estuary inflows from the Guadalupe River. |
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(b) The Edwards Aquifer Area Stakeholders Committee shall |
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appoint a seven-member Edwards Aquifer area expert science team not |
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later than April 30, 2008. The expert science team must be composed |
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of technical experts with special expertise regarding the Edwards |
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Aquifer system, springflows, or the development of withdrawal |
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limitations. Chapter 2110, Government Code, does not apply to the |
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size, composition, or duration of the expert science team. A member |
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of the Texas Environmental Flows Science Advisory Committee, as |
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established under Subchapter B, Chapter 11, Water Code, or a |
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designee of the Texas Water Development Board if the Texas |
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Environmental Flows Science Advisory Committee is not established, |
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shall serve as liaison to the area expert science team. |
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(c) The Edwards Aquifer area expert science team shall |
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develop an analysis of spring discharge rates and aquifer levels as |
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a function of withdrawal levels. Based on this analysis and the |
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required elements to be considered by the authority in Section 1.14 |
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of this article, the expert science team shall, through a |
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collaborative process designed to achieve consensus, create |
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recommendations for withdrawal reduction levels and stages for |
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critical period management including, if appropriate, establishing |
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separate and different withdrawal reduction levels and stages for |
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critical period management rules for different pools of the aquifer |
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and submit them to the Edwards Aquifer Area Stakeholders Committee, |
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the Environmental Flows Commission or the Texas Water Development |
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Board if the Environmental Flows Commission is not established, and |
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the authority. The initial recommendations must be completed and |
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submitted not later than September 30, 2008. |
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(d) In developing its recommendations, the Edwards Aquifer |
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area expert science team must consider all reasonably available |
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science, including any Edwards Aquifer-specific studies, and the |
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recommendations must be based solely on the best science available. |
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The Edwards Aquifer Area Stakeholders Committee may not change the |
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recommendations of the expert science team regarding the withdrawal |
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limitations appropriate to achieve the purposes of Section 1.14 of |
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this article. |
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(e) The Edwards Aquifer Area Stakeholders Committee shall |
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review the withdrawal limitation and critical period management |
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recommendations submitted by the Edwards Aquifer area expert |
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science team and shall consider them in conjunction with other |
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factors, including the present and future needs for water for other |
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uses related to water supply planning in the Edwards Aquifer area |
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and the required elements to be considered by the authority in |
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Section 1.14 of this article. The stakeholders committee shall |
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develop recommendations regarding a critical period management |
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plan and submit its recommendations to the authority and to the |
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Environmental Flows Commission or the Texas Water Development Board |
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if the Environmental Flows Commission is not established. In |
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developing its recommendations, the stakeholders committee shall |
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operate on a consensus basis to the maximum extent possible. The |
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initial recommendations must be completed and submitted not later |
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than October 31, 2008. |
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(f) The Environmental Flows Commission or the Texas Water |
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Development Board if the Environmental Flows Commission is not |
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established shall submit to the authority its comments on and |
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recommendations regarding the Edwards Aquifer area expert science |
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team's recommended withdrawal reduction levels and stages for |
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critical period management needed to maintain target spring |
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discharge and aquifer levels. The withdrawal reduction |
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recommendations shall be based on a combination of spring discharge |
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rates of the San Marcos and Comal Springs and levels at the J-17 and |
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J-27 wells. |
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(g) The Edwards Aquifer area expert science team, the |
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Edwards Aquifer Area Stakeholders Committee, and the Environmental |
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Flows Commission or the Texas Water Development Board if the |
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Environmental Flows Commission is not established shall submit |
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recommendations to the authority for use in developing its rules |
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relative to establishing the critical period management plan. |
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(h) Where reasonably practicable, meetings of the Edwards |
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Aquifer area expert science team and Edwards Aquifer Area |
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Stakeholders Committee must be open to the public. |
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(i) In recognition of the importance of critical period |
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management to adapt to changed conditions or information, after |
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submitting to the authority its recommendations regarding |
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withdrawal limitations and strategies to meet the springflow needs, |
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the Edwards Aquifer Area Stakeholders Committee, with the |
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assistance of the Edwards Aquifer area expert science team, shall |
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prepare and submit a work plan to the Environmental Flows |
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Commission or the Texas Water Development Board if the |
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Environmental Flows Commission is not established. The work plan |
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must: |
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(1) establish a periodic review of the critical period |
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management plan, to occur at least once every five years; |
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(2) prescribe specific monitoring, studies, and |
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activities; and |
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(3) establish a schedule for continuing the validation |
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or refinement of the critical period management plan adopted by the |
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authority, and the strategies to achieve the plan. |
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(j) To assist the Environmental Flows Commission or the |
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Texas Water Development Board if the Environmental Flows Commission |
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is not established in assessing the extent to which the |
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recommendations of the Edwards Aquifer area expert science team are |
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considered and implemented, the authority shall provide written |
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reports to the Environmental Flows Commission or the Texas Water |
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Development Board if the Environmental Flows Commission is not |
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established, at intervals determined by the Environmental Flows |
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Commission or the Texas Water Development Board if the |
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Environmental Flows Commission is not established, that describe: |
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(1) the actions taken in response to each |
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recommendation; and |
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(2) for each recommendation not implemented, the |
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reason it was not implemented. |
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SECTION 6. Sections 1.29(b) and (i), Chapter 626, Acts of |
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the 73rd Legislature, Regular Session, 1993, are amended to read as |
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follows: |
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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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(i) The authority shall provide money as necessary, but not |
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to exceed $75,000, annually adjusted for changes in the consumer |
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price index [five percent of the money collected under Subsection
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(d) of this section], to finance the South Central Texas Water |
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Advisory Committee's administrative expenses and programs |
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authorized under this article. |
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SECTION 7. Article 1, Chapter 626, Acts of the 73rd |
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Legislature, Regular Session, 1993, is amended by adding Section |
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1.29A to read as follows: |
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Sec. 1.29A. BUDGETARY ADVISORY COMMITTEE. (a) The |
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authority shall appoint a budgetary advisory committee not later |
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than January 1, 2008, to consult and advise the authority on the |
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following prior to its submission to the board: |
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(1) the issuance of bonds; |
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(2) the authority's annual budget; and |
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(3) the authority's annual audit. |
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(b) Each voting member of the board shall appoint one member |
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of the budgetary advisory committee. |
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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(d), 1.18, 1.21, and 1.29(a), (c), |
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(d), and (h), Chapter 626, Acts of the 73rd Legislature, Regular |
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Session, 1993, are repealed. |
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SECTION 10. Effective December 31, 2007, Section 1.14(b), |
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Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993, |
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is repealed. |
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SECTION 11. Except as otherwise provided by this Act, this |
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Act takes effect September 1, 2007. |