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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Barton Springs-Edwards Aquifer |
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Conservation District to charge certain fees and limit groundwater |
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production during a drought. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (d), Section 36.205, Water Code, is |
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amended to read as follows: |
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(d) The [Barton Springs-Edwards Aquifer Conservation
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District, the] Lone Star Groundwater Conservation District[,] and |
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the Guadalupe County Groundwater Conservation District may not |
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charge production fees for an annual period greater than $1 per |
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acre-foot for water used for agricultural use or 17 cents per |
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thousand gallons for water used for any other purpose. [The Barton
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Springs-Edwards Aquifer Conservation District may assess a water
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use fee against a specific municipality in an amount not to exceed
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60 percent of the total funding of the district received from water
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use fees assessed against that municipality and other nonexempt
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users in the district.] This subsection shall take precedence over |
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all prior enactments. |
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SECTION 2. Subchapter C, Chapter 8802, Special District |
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Local Laws Code, is amended by adding Section 8802.1045 to read as |
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follows: |
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Sec. 8802.1045. AMOUNT OF ANNUAL PRODUCTION FEE. |
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(a) Except as provided by this section, the board may not charge an |
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annual production fee of more than $1 per acre-foot for water |
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permitted for agricultural use or 17 cents per thousand gallons for |
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water permitted for any other purpose. |
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(b) For a permit first issued after September 1, 2007, or a |
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permit first issued after September 9, 2004, and renewed after |
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September 1, 2007, the board may charge, for the amount of water |
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permitted under the permit as issued or renewed if the water is |
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permitted for any purpose other than agricultural use, an annual |
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production fee of not more than the greater of: |
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(1) 38 cents per thousand gallons; or |
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(2) the raw surface water cost of other wholesale |
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suppliers serving customers in the district. |
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(c) For a permit that is materially amended after September |
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1, 2007, the board may charge, for only the additional amount of |
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water authorized by the material amendment if the water is |
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permitted for any purpose other than agricultural use, an annual |
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production fee of not more than the greater of: |
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(1) 38 cents per thousand gallons; or |
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(2) the raw surface water cost of other wholesale |
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suppliers serving customers in the district. |
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(d) For a permit first issued on or before September 9, |
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2004, that is renewed without material amendment after September 1, |
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2007, the board may not charge an annual production fee of more than |
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17 cents per thousand gallons for the amount of water permitted |
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under the permit as renewed if the water is permitted for any |
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purpose other than agricultural use. |
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(e) The board may adopt a differential rate structure for |
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the nonagricultural production fees described by this section to |
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promote alternatives to the exclusive use of groundwater resources. |
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(f) A material amendment under this section is an amendment |
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to a permit that increases the amount of water permitted by more |
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than 10 percent in one fiscal year or by more than 25 percent in any |
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three–year period. The renewal on or after September 1, 2007, of a |
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permit that was issued on or before September 9, 2004, is considered |
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to be a material amendment for purposes of this section if the |
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permit as renewed increases the amount of water permitted by an |
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amount that exceeds the limits specified by this subsection. |
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SECTION 3. Section 8802.105, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 8802.105. CERTAIN WATER USE FEES PERMITTED. (a) |
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Each year the board may assess against the City of Austin a water |
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use fee in an amount not to exceed 60 [40] percent of the total |
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funding [of] the district expects to receive for the next fiscal |
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year [received] from water use fees assessed against Austin and |
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other nonexempt users in that year, subject to the computation |
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under Subsection (b). |
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(b) For purposes of computing water use fees under this |
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section, the district shall estimate the amount of permitted |
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pumpage for the next fiscal year by considering various factors |
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including historical growth rates, future growth rates, the amount |
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of permitted pumpage, historical permitted pumpage, and any pending |
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applications for permitted pumpage. The district shall use the |
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estimated amount of permitted pumpage and its water use fee rate to |
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compute the water use fee to be assessed against the City of Austin |
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for the district's next fiscal year. The district shall compute the |
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water use fee assessed against the City of Austin at a rate of 17 |
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cents per thousand gallons for the total amount of water permitted |
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for any nonagricultural purpose, regardless of the rate actually |
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imposed on or remitted by the permittee. |
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SECTION 4. Subchapter C, Chapter 8802, Special District |
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Local Laws Code, is amended by adding Sections 8802.109 and |
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8802.110 to read as follows: |
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Sec. 8802.109. RESTRICTIONS ON PRODUCTION DURING DROUGHT. |
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(a) During a period declared by the district to be a drought and |
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only as specified in the district's approved management plan, the |
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district may restrict or prohibit groundwater production as |
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provided by this section. |
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(b) The district may restrict groundwater production on an |
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equivalent, pro-rata basis for permits first issued on or before |
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September 9, 2004, including permits renewed after September 1, |
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2007. |
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(c) The district, to protect the conditions of the aquifer, |
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may restrict or prohibit groundwater production: |
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(1) for permits first issued after September 9, 2004; |
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and |
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(2) for permits first issued on or before September 9, |
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2004, and amended after September 9, 2004, for any additional |
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amount of water authorized by the amendment. |
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Sec. 8802.110. RESTRICTIONS ON PRODUCTION DURING EXTREME |
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DROUGHT. (a) During a period declared by the district to be an |
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extreme drought, to maintain groundwater production necessary to |
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sustain human consumption and protect the public's health, safety, |
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and welfare, the district, as provided by this section, may impose |
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greater restrictions on groundwater production for industrial, |
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commercial, or nonagricultural irrigation permits than the |
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district imposes on permits for other uses. |
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(b) For an industrial, commercial, or nonagricultural |
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irrigation permit first issued on or before September 9, 2004, the |
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district may restrict withdrawals by an amount not to exceed 40 |
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percent of the amount permitted on or before September 9, 2004, |
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retaining at least 60 percent of the total authorized pumpage, if: |
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(1) an alternative water supply for at least 10 |
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percent of the amount permitted is available and in place during the |
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extreme drought; and |
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(2) any restriction imposed by the district under |
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Sections 8802.109(b) and (c) remains in effect. |
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(c) For industrial, commercial, and nonagricultural |
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irrigation permits first issued on or before September 9, 2004, and |
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amended after September 9, 2004, the district may impose greater |
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restrictions, including complete curtailment, for the additional |
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amount of water authorized by the amendment than the district |
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imposes on similarly situated permittees for other uses. |
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SECTION 5. The legislature finds that the Barton |
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Springs-Edwards Aquifer Conservation District benefits the |
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sustainable use of groundwater by promoting, through fee and |
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permitting mechanisms, alternatives to the exclusive use of |
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groundwater resources, including the conjunctive use of |
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groundwater and surface water resources. |
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SECTION 6. This Act takes effect September 1, 2007. |