80(R) SB 1341 - Engrossed version



	By: Hegar, et al.	S.B. No. 1341

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 Edwards Aquifer Authority.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 1, Chapter 626, Acts of the 73rd

Legislature, Regular Session, 1993, is amended by adding Section

1.085 to read as follows:

Sec. 1.085. LIMITATION ON POWERS. (a) This section

applies only to a water well:

(1) that is located:

(A) outside the territory regulated by the

authority; and

(B) in a county containing land that is in the

territory regulated by the authority;

(2) that serves as a public water supply to customers

in at least four counties, provided that a majority of those

counties contain land in the territory regulated by the authority;

and

(3) for which the public water system plan review

submittal form was received by the commission before the effective

date of the Act enacting this section.

(b) Notwithstanding any other law, a water well to which

this section applies is exempt from the rules imposed by any

groundwater conservation district regarding well spacing or the

production or transport of water from the well.

SECTION 2. Subsection (f), Section 1.11, 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 method of recharge project and associated facilities,

structures, or works but does not include a facility to recirculate

water at Comal or San Marcos Springs.

SECTION 3. Subsections (a), (c), (e), (f), and (h), Section

1.14, Chapter 626, Acts of the 73rd Legislature, Regular Session,

1993, are amended to read as follows:

(a) Authorizations to withdraw water from the aquifer and

all authorizations and rights to make a withdrawal under this Act

shall be limited in accordance with this section to:

(1) protect the water quality of the aquifer;

(2) protect the water quality of the surface streams

to which the aquifer provides springflow;

(3) achieve water conservation;

(4) maximize the beneficial use of water available for

withdrawal from the aquifer;

(5) recognize the extent of the hydro-geologic

connection and interaction between surface water and groundwater;

(6) protect aquatic and wildlife habitat;

(7) [~~(6)~~] protect species that are designated as

threatened or endangered under applicable federal or state law; and

(8) [~~(7)~~] provide for instream uses, bays, and

estuaries.

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 or be less than 572,000 [~~400,000~~]

acre-feet of water for each calendar year, which is the sum of all

regular permits issued or for which an application was filed and

issuance was pending action by the authority as of January 1, 2005.

(e) The authority may not allow withdrawals from the aquifer

through wells drilled after June 1, 1993, except for replacement,

test, or exempt wells or to the extent that the authority approves

an amendment to an initial regular permit to authorize a change in

the point of withdrawal under that permit [~~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. [~~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 and to achieve other purposes

provided by Subsection (a) of this section and Section 1.26 of this

article. 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 adjustments to [~~reductions in~~] the amount

of water that may be used or withdrawn by existing users or

categories of other users, including adjustments in accordance with

the authority's critical period management plan established under

Section 1.26 of this article; or

(2) implementation of alternative management

practices, procedures, and methods.

SECTION 4. Subsection (g), Section 1.16, Chapter 626, Acts

of the 73rd Legislature, Regular Session, 1993, is amended to read

as follows:

(g) The authority shall issue an initial regular permit

without a term, and an initial regular permit remains in effect

until the permit is abandoned or[,] cancelled[~~, or retired~~].

SECTION 5. Subsection (b), Section 1.19, Chapter 626, Acts

of the 73rd Legislature, Regular Session, 1993, is amended 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:

(1) the level of the aquifer is higher than 675 [~~665~~]

feet above sea level, as measured at Well J-17;

(2) the flow at Comal Springs as determined by Section

1.26(c) of this article is greater than 350 cubic feet per second;

and

(3) the flow at San Marcos Springs as determined by

Section 1.26(c) of this article is greater than 200 cubic feet per

second.

SECTION 6. Subsection (a), Section 1.22, Chapter 626, Acts

of the 73rd Legislature, Regular Session, 1993, is amended to read

as follows:

(a) The authority may acquire permitted rights to use water

from the aquifer for the purposes of:

(1) holding those rights in trust for sale or transfer

of the water or the rights to persons within the authority's

jurisdiction who may use water from the aquifer;

(2) holding those rights in trust as a means of

managing overall demand on the aquifer; or

(3) holding those rights for resale [~~or retirement as~~

~~a means of complying with pumping reduction requirements under this~~

~~article; or~~

[~~(4)~~ ~~retiring those rights, including those rights~~

~~already permitted~~].

SECTION 7. Article 1, Chapter 626, Acts of the 73rd

Legislature, Regular Session, 1993, is amended by amending Section

1.26 and adding Section 1.26A to read as follows:

Sec. 1.26. CRITICAL PERIOD MANAGEMENT PLAN. (a) After

review of the recommendations received in the program document, as

prescribed by Section 1.26A of this article, the [~~The~~] authority by

rule shall adopt [~~prepare and coordinate implementation of~~] a [~~plan~~

~~for~~] critical period management plan consistent with Sections

1.14(a), (f), and (h) of this article [~~on or before September 1,~~

~~1995~~]. On adoption of the critical period management plan, the

authority shall provide a written report to the governor,

lieutenant governor, and speaker of the house of representatives

describing the actions taken in response to each recommendation

and, for each recommendation not implemented, the reason it was not

implemented. The plan [~~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;

(D) recreational and pleasure; and

(E) other uses that are authorized by law; and

(5) allow irrigation use to continue in order to

permit the user to complete the irrigation of a crop in progress.

(b) In this section, "MSL" means the elevation above mean

sea level, measured in feet, of the surface of the water in a well,

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 and 2 whether according to the index

well levels or the Comal or San Marcos Springs flow as applicable,

for a total in critical period Stage IV of 40 percent of the

permitted withdrawals under Table 1 and 35 percent under Table 2:

TABLE 1

CRITICAL PERIOD WITHDRAWAL REDUCTION STAGES

FOR THE SAN ANTONIO POOL

Comal

San Marcos Springs Flow CFS

Index Well J-17 Level MSL

Critical Period Stage

Withdrawal Reduction- San Antonio Pool

Springs Flow

San Marcos Springs Flow CFS

Index Well J-17 Level MSL

Critical Period Stage

Withdrawal Reduction- San Antonio Pool

CFS

San Marcos Springs Flow CFS

Index Well J-17 Level MSL

Critical Period Stage

Withdrawal Reduction- San Antonio Pool

225

<96

<660

20%

200

<80

<650

30%

150

N/A

<640

III

35%

100

N/A

<630

40%

TABLE 2

CRITICAL PERIOD WITHDRAWAL REDUCTION STAGES

FOR THE UVALDE POOL

Withdrawal Reduction-Uvalde Pool

Index Well J-27 Level MSL

Critical Period Stage

N/A

---

<850

20%

<845

III

35%

<842

withdrawal reduction percentages is triggered if the 10-day average

of daily springflows at the Comal Springs or the San Marcos Springs

or the 10-day average of daily aquifer levels at the J-17 Index Well

drops below the lowest number of any of the trigger levels indicated

in Table 1. A change to a critical period stage with lower

withdrawal reduction percentages is triggered only when the 10-day

average of daily springflows at the Comal Springs and the San Marcos

Springs and the 10-day average of daily aquifer levels at the J-17

Index Well are all above the same stage trigger level. The

authority may adjust the withdrawal percentages for Stage IV in

Tables 1 and 2 if necessary in order to comply with Subsection (d)

or (e) of this section.

(d) Beginning September 1, 2007, the authority may not

require the volume of permitted withdrawals to be less than an

annualized rate of 340,000 acre-feet, under critical period Stage

IV.

(e) After January 1, 2013, the authority may not require the

volume of permitted withdrawals to be less than an annualized rate

of 320,000 acre-feet, under critical period Stage IV unless, after

review and consideration of the recommendations provided under

Section 1.26A of this article, the authority determines that a

different volume of withdrawals is consistent with Sections

1.14(a), (f), and (h) of this article in maintaining protection for

listed, protected and endangered species associated with the

aquifer to the extent required by federal law.

(f) Notwithstanding Subsections (d) and (e) of this

section, the authority may require further withdrawal reductions

before reviewing and considering the recommendations provided

under Section 1.26A of this article if the discharge of Comal

Springs or San Marcos Springs declines an additional 15 percent

after Stage IV withdrawal reductions are imposed under Subsection

(b) of this section. This subsection expires on the date that

critical period management plan rules adopted by the authority

based on the recommendations provided under Section 1.26A of this

article take effect.

Sec. 1.26A. DEVELOPMENT OF WITHDRAWAL REDUCTION LEVELS AND

STAGES FOR CRITICAL PERIOD MANAGEMENT THROUGH RECOVERY

IMPLEMENTATION PROGRAM. (a) The authority, with the assistance of

Texas A&M University, shall cooperatively develop a recovery

implementation program through a facilitated, consensus-based

process that involves input from the United States Fish and

Wildlife Service, other appropriate federal agencies, and all

interested stakeholders, including those listed under Subsection

(e)(1) of this section. The recovery implementation program shall

be developed for the species that are:

(1) listed as threatened or endangered species under

federal law; and

(2) associated with the aquifer.

(b) The authority shall enter into a memorandum of agreement

with the United States Fish and Wildlife Service, other appropriate

federal agencies, the Texas Commission on Environmental Quality,

the Parks and Wildlife Department, the Department of Agriculture,

the Texas Water Development Board, and other stakeholders in order

to develop, not later than December 31, 2007, a program document

that may be in the form of a habitat conservation plan used in

issuance of an incidental take permit as outlined in Subsection (d)

of this section.

agreement with the United States Fish and Wildlife Service, other

appropriate federal agencies, the Texas Commission on

Environmental Quality, the Parks and Wildlife Department, the

Department of Agriculture, the Texas Water Development Board, and

other stakeholders to develop a program document that may be in the

form of a habitat conservation plan used in issuance of an

incidental take permit as outlined in Subsection (d) of this

section not later than December 31, 2009.

(d) The authority, the Texas Commission on Environmental

Quality, the Parks and Wildlife Department, the Department of

Agriculture, the Texas Water Development Board, and other

stakeholders shall jointly prepare a program document that may be

in the form of a habitat conservation plan used in issuance of an

incidental take permit with the United States secretary of the

interior, through the United States Fish and Wildlife Service and

other appropriate federal agencies, under Section 4 or Section 6,

Endangered Species Act of 1973 (16 U.S.C. Section 1533 or 1535), as

applicable, based on the program developed under Subsection (a) of

this section. The program document shall:

(1) provide recommendations for withdrawal

adjustments based on a combination of spring discharge rates of the

San Marcos and Comal Springs and levels at the J-17 and J-27 wells

during critical periods to ensure that federally listed,

threatened, and endangered species associated with the Edwards

Aquifer will be protected at all times, including throughout a

repeat of the drought of record;

(2) include provisions to pursue cooperative and grant

funding to the extent available from all state, federal, and other

sources for eligible programs included in the cooperative agreement

under Subsection (c) of this section, including funding for a

program director; and

(3) be approved and executed by each agency not later

than September 1, 2012, and the agreement shall take effect

December 31, 2012.

(e) Texas A&M University shall assist in the creation of a

steering committee to oversee and assist in the development of the

cooperative agreement under Subsection (c) of this section. The

steering committee must be created not later than September 30,

2007. The initial steering committee shall be composed of:

(1) a representative of each of the following

entities, as appointed by the governing body of that entity:

(A) the Edwards Aquifer Authority;

(B) the Texas Commission on Environmental

Quality;

(D) the Department of Agriculture;

(E) the Texas Water Development Board;

(F) the San Antonio Water System;

(G) the Guadalupe-Blanco River Authority;

(H) the San Antonio River Authority;

(I) the South Central Texas Water Advisory

Committee;

(J) the Guadalupe Basin Coalition; and

(K) Bexar County; and

(2) eight other persons who respectively must be:

(A) a representative of a holder of an initial

regular permit issued to a retail public utility other than the San

Antonio Water System, to be appointed by the authority;

(B) a representative of a holder of an initial

regular permit issued by the authority for industrial purposes, to

be appointed by the authority;

surface water right in the Guadalupe River Basin, to be appointed by

the Texas Commission on Environmental Quality;

(D) a representative of a holder of a municipal

surface water right in the Guadalupe River Basin, to be appointed by

the Texas Commission on Environmental Quality;

(E) a representative of a holder of an initial

regular permit issued by the authority for irrigation, to be

appointed by the commissioner of agriculture;

(F) a representative of an agricultural producer

from the Edwards Aquifer region, to be appointed by the

commissioner of agriculture;

(G) a representative of environmental interests

from the Texas Living Waters Project, to be appointed by the

governing body of that project; and

(H) a representative of recreational interests

in the Guadalupe River Basin, to be appointed by the Parks and

Wildlife Commission.

(e-1) The members of the initial steering committee listed

in Subsections (e)(1)(A), (F), (G), (H), and (K) of this section

shall each contribute $500,000 to fund the initial stages of the

recovery implementation program process until federal, state, or

other funds become available.

(f) The steering committee shall work with Texas A&M

University to:

(1) establish a regular meeting schedule and publish

that schedule to encourage public participation; and

(2) not later than October 31, 2007, hire a program

director to be housed at Texas A&M University.

(g) Texas A&M University may accept outside funding to pay

the salary and expenses of the program director hired under this

section and any expenses associated with the university's

participation in the creation of the steering committee or

subcommittees established by the steering committee.

(h) Where reasonably practicable or as required by law, any

meeting of the steering committee, the Edwards Aquifer area expert

science subcommittee, or another subcommittee established by the

steering committee must be open to the public.

(i) The steering committee appointed under this section

shall appoint an Edwards Aquifer area expert science subcommittee

not later than December 31, 2007. The expert science subcommittee

must be composed of an odd number of not fewer than seven or more

than 15 members who have technical expertise regarding the Edwards

Aquifer system, the threatened and endangered species that inhabit

that system, springflows, or the development of withdrawal

limitations. The Bureau of Economic Geology of The University of

Texas at Austin and the River Systems Institute at Texas State

University shall assist the expert science subcommittee. Chapter

2110, Government Code, does not apply to the size, composition, or

duration of the expert science subcommittee.

(j) The Edwards Aquifer area expert science subcommittee

shall, among other things, analyze species requirements in relation

to spring discharge rates and aquifer levels as a function of

recharge and withdrawal levels. Based on that analysis and the

elements required to be considered by the authority under Section

1.14 of this article, the expert science subcommittee shall,

through a collaborative process designed to achieve consensus,

develop recommendations for withdrawal reduction levels and stages

for critical period management including, if appropriate,

establishing separate and possibly different withdrawal reduction

levels and stages for critical period management for different

pools of the aquifer needed to maintain target spring discharge and

aquifer levels. The expert science subcommittee shall submit its

recommendations to the steering committee and all other

stakeholders involved in the recovery implementation program under

this section.

(k) The initial recommendations of the Edwards Aquifer area

expert science subcommittee must be completed and submitted to the

steering committee and other stakeholders not later than December

31, 2008, and should include an evaluation:

(1) of the option of designating a separate San Marcos

pool, of how such a designation would affect existing pools, and of

the need for an additional well to measure the San Marcos pool, if

designated;

(2) of the necessity to maintain minimum springflows,

including a specific review of the necessity to maintain a flow to

protect the federally threatened and endangered species; and

(3) as to whether adjustments in the trigger levels

for the San Marcos Springs flow for the San Antonio pool should be

made.

(l) In developing its recommendations, the Edwards Aquifer

area expert science subcommittee shall:

(1) consider all reasonably available science,

including any Edwards Aquifer-specific studies, and base its

recommendations solely on the best science available; and

(2) operate on a consensus basis to the maximum extent

possible.

(m) After development of the cooperative agreement, the

steering committee, with the assistance of the Edwards Aquifer area

expert science subcommittee and with input from the other recovery

implementation program stakeholders, shall prepare and submit

recommendations to the authority. The recommendations must:

(1) include a review of the critical period management

plan, to occur at least once every five years;

(2) include specific monitoring, studies, and

activities that take into account changed conditions and

information that more accurately reflects the importance of

critical period management; and

(3) establish a schedule for continuing the validation

or refinement of the critical period management plan adopted by the

authority and the strategies to achieve the program and cooperative

agreement described by this section.

(n) In this subsection, "recharge facility" means a dam,

reservoir, or other method of recharge project and associated

facilities, structures, or works but does not include facilities

designed to recirculate water at Comal or San Marcos Springs. The

steering committee shall establish a recharge facility feasibility

subcommittee to:

(1) assess the need for the authority or any other

entity to own, finance, design, construct, operate, or maintain

recharge facilities;

(2) formulate plans to allow the authority or any

other entity to own, finance, design, construct, operate, or

maintain recharge facilities;

(3) maximize available federal funding for the

authority or any other entity to own, finance, design, construct,

operate, or maintain recharge facilities; and

(4) evaluate the financing of recharge facilities,

including the use of management fees or special fees to be used for

purchasing or operating the facilities.

(o) The steering committee may establish other

subcommittees as necessary, including a hydrology subcommittee, a

community outreach and education subcommittee, and a water supply

subcommittee.

(p) On execution of the memorandum of agreement described by

Subsection (b) of this section, the steering committee described by

Subsection (e) of this section may, by majority vote of its members,

vote to add members to the steering committee, change the makeup of

the committee, or dissolve the committee. If the steering

committee is dissolved, the program director hired under Subsection

(f) of this section shall assume the duties of the steering

committee.

(q) The authority shall provide an annual report to the

governor, lieutenant governor, and speaker of the house of

representatives not later than January 1 of each year that details:

(1) the status of the recovery implementation program

development process;

(2) the likelihood of completion of the recovery

implementation program and the cooperative agreement described by

Subsection (c) of this section;

(3) the extent to which the recommendations of the

Edwards Aquifer area expert science subcommittee are being

considered and implemented by the authority;

(4) any other actions that need to be taken in response

to each recommendation;

(5) reasons explaining why any recommendation

received has not been implemented; and

(6) any other issues the authority considers of value

for the efficient and effective completion of the program and the

cooperative agreement under this section.

SECTION 8. Subsections (b), (h), and (i), Section 1.29,

Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993,

are amended to read as follows:

(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.

(h) Fees assessed by the authority may not be used to fund

the cost of reducing withdrawals or retiring permits or of

judgments or claims related to withdrawals or permit retirements

[~~Special fees collected under Subsection (c) or (d) of this section~~

~~may not be used to finance a surface water supply reservoir~~

~~project~~].

(i) The authority and other stakeholders, including state

agencies, listed under Section 1.26A of this article shall provide

money as necessary[~~, but not to exceed five percent of the money~~

~~collected under Subsection (d) of this section,~~] to finance the

activities of the steering committee and any subcommittees

appointed by the steering committee and the program director of the

recovery implementation program under Section 1.26A of this

article. The authority shall provide, as necessary, up to $75,000

annually, adjusted for changes in the consumer price index, to

finance the South Central Texas Water Advisory Committee's

administrative expenses and programs authorized under this

article.

SECTION 9. Section 1.34, Chapter 626, Acts of the 73rd

Legislature, Regular Session, 1993, is amended by amending

Subsection (c) and adding Subsections (d), (e), (f), and (g) to read

as follows:

(e), (f), and (g) of this section, a [A] permit holder may lease,

sell, or otherwise transfer ownership of permitted water rights.

(d) The[~~, but a~~] holder of an initial regular [a] permit for

irrigation use may [~~not~~] lease, sell, or otherwise transfer

ownership of not more than 50 percent of the irrigation rights

initially permitted. Except as provided by Subsections (e), (f),

and (g) of this section, the permit holder's [~~The user's~~] remaining

irrigation water rights must be used in accordance with the

original initial regular permit and must pass with transfer of the

irrigated land. Irrigation rights initially permitted based on

land irrigated from the applicant's well that were not owned by the

applicant are appurtenant to land owned by the applicant and

irrigated by the applicant's well.

(e) The place of use of the remaining irrigation water

rights under Subsection (d) of this section may be temporarily

transferred to another place of use owned or leased by the permit

holder. If the irrigated land to which the water rights are

appurtenant is sold or the ownership of the land is otherwise

transferred, the transfer of the irrigation water rights is

immediately voided by operation of law and the rights revert back by

operation of law to the irrigated land.

(f) The place of use of the remaining irrigation water

rights under Subsection (d) of this section may be temporarily

transferred for irrigation purposes for a term not to exceed 10

years to another place of use owned or leased by a third party. If

the irrigated land to which the water rights are appurtenant is sold

or the ownership of the land is otherwise transferred, the person to

whom the ownership of the land is transferred takes the land subject

to that temporary transfer of irrigation water rights.

(g) If the irrigated land identified as the place of use in

the initial regular permit originally issued for irrigation

purposes is developed as evidenced by actual physical alteration of

the land such that it is no longer reasonably capable of being

irrigated, the permit holder may apply to the authority to convert

the remaining irrigation water rights under Subsection (d) of this

section so as to be transferable.

SECTION 10. Subsection (a), Section 1.45, 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, and the recharge project is

not designed to recirculate water at Comal or San Marcos Springs.

SECTION 11. Subsections (b) and (d), Section 1.14, Section

1.21, and Subsections (a), (c), and (d), Section 1.29, Chapter 626,

Acts of the 73rd Legislature, Regular Session, 1993, are repealed.

SECTION 12. (a) Before January 1, 2012, a suit may not be

instituted in a state court contesting:

(1) the validity or implementation of this Act; or

(2) the groundwater withdrawal amounts recognized in

Section 3 of this Act.

(b) If applicable, a party that files a suit in any court

shall be automatically removed from the steering committee

established under Section 1.26A, Chapter 626, Acts of the 73rd

Legislature, Regular Session, 1993, as added by this Act.

instituted or maintained by a person who owns, holds, or uses a

surface water right and claims injury or potential injury to that

right for any reason, including any actions taken by the Edwards

Aquifer Authority to implement or enforce Article 1, Chapter 626,

Acts of the 73rd Legislature, Regular Session, 1993, as amended.

This section does not apply to suits brought pursuant to Section

1.45, Chapter 626, Acts of the 73rd Legislature, Regular Session,

1993.

SECTION 13. The change in law made by this Act applies only

to a cause of action filed on or after the effective date of this

Act. A cause of action that is filed before the effective date of

this Act is governed by the law in effect immediately before the

effective date of this Act, and that law is continued in effect for

that purpose.

SECTION 14. This Act takes effect immediately if it

receives a vote of two-thirds of all the members elected to each

house, as provided by Section 39, Article III, Texas Constitution.

If this Act does not receive the vote necessary for immediate

effect, this Act takes effect September 1, 2007.