By: Averitt S.B. No. 2459

A BILL TO BE ENTITLED

AN ACT

relating to the study and assessment of the transport of groundwater in the area regulated by the Edwards Aquifer Authority.

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

SECTION 1. STATEMENT OF PURPOSE AND LEGISLATIVE FINDINGS. In order to establish a study group to review and assess the groundwater management strategy of transporting groundwater from Uvalde and Medina counties and to evaluate the impacts of section 1.28 of article 1 of the Edwards Aquifer Authority Act on groundwater management opportunities for the Edwards Aquifer, the legislature finds that:

(a) the Edwards Aquifer is a unique and complex hydrological system, with diverse economic and social interests dependent on the aquifer for water supply;

(b) the concentration over time of withdrawals from the San Antonio Pool of the Edwards Aquifer through the transfer of groundwater withdrawal rights from the Uvalde Pool may have an adverse impact on key springflow and aquifer levels, resulting in less reliable groundwater withdrawal rights in the San Antonio Pool;

(c) potential groundwater management strategies within the Edwards Aquifer should be evaluated to reflect future increases in the need for water;

(d) local issues should be considered and addressed when developing management strategies to address future need;

(e) it is in the public interest to consider all available options for groundwater management of the Edwards Aquifer;

(f) it is important to consider the long-term impacts to aquifer levels and springflows throughout the Edwards Aquifer from transporting groundwater from Uvalde and Medina counties; and

(g) an assessment of water transportation projects from Uvalde and Medina counties should be considered through a consensus-based process involving balanced, regional representation.

SECTION 2. DEFINITIONS.

In this act:

(1) "aquifer" means the Edwards Aquifer as defined in section 1.03(1) of article 1 of the Edwards Aquifer Authority Act, Act of May 30, 1993, 73rd Leg., R.S., ch. 626, 1993 Tex. Gen. Laws 2350, as amended, within the boundaries of the authority.

(2) "aquifer transport assessment" (or "transport assessment") means a written report prepared as provided by this act by the application of a scientifically derived process for assessing the response of the aquifer and springflows, among other things, to the transport of groundwater withdrawn from the aquifer out of Uvalde County or Medina County.

(3) "authority" means the Edwards Aquifer Authority.

(4) "study group" means the Edwards Aquifer Transport Study Group.

(5) "transport" means the movement by any means or works of groundwater withdrawn from the aquifer in Uvalde or Medina Counties to a point of delivery outside those counties for beneficial use within the boundaries of the authority.

SECTION 3. EDWARDS AQUIFER TRANSPORT STUDY GROUP.

(a) In recognition of the legislative findings made in section 1 of this act, the Edwards Aquifer Transport Study Group is created. As soon as practicable after the effective date of this act, the study group shall organize itself and appoint a chair.

(b) The study group is composed of twelve members with a representative of each of the following entities, as appointed by the governing body of that entity:

(1) the Edwards Aquifer Authority;

(2) the San Antonio Water System;

(3) the Guadalupe-Blanco River Authority;

(4) the San Antonio River Authority;

(5) the Nueces River Authority;

(6) the South Central Texas Water Advisory Committee;

(7) the county judge of Bexar County;

(8) the county judge of Comal County;

(9) the county judge of Hays County;

(10) the county judge of Medina County;

(11) the county judge of Uvalde County; and

(12) a representative of an environmental interest identified by the study group, to be appointed by the governing body of the environmental interest.

(c) Except for the county judges, each member of the study group serves at the will of the governing body who appointed the member.

(d) The authority on behalf of the study group may accept outside gifts, grants, or other funding from any source to be used to carry out the functions of the study group.

(e) The authority shall provide staff, administrative, and funding support for the study group.

(f) The study group will establish a regular meeting schedule and publish that schedule to encourage public participation.

(g) Any meeting of the study group must be open to the public.

(h) Chapter 2110, Government Code, does not apply to the size, composition, or duration of the study group.

(i) In performing its duties, the study group shall:

(1) consider all reasonably available science, including any project-specific studies, and base its assessment solely on the best science available; and

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

(j) The study group is abolished on January 1, 2011.

SECTION 4. EDWARDS AQUIFER TRANSPORT ASSESSMENT.

(a) The study group shall prepare an aquifer transport assessment.

(b) The aquifer transport assessment shall:

(1) study the possible methods and options to transport groundwater from Uvalde and Medina counties;

(2) study the potential impacts on aquifer levels at the J-17 and J-27 wells, and on spring discharge rates of the San Marcos and Comal Springs, including throughout a repeat of the drought of record;

(3) study the potential impacts of transport on the authority's critical period management plan;

(4) include specific monitoring, studies, schedules, and activities that take into account changed conditions and information that more accurately reflects the impacts of any transport project.

(5) assess the range and characteristics of entities that could own, finance, design, construct, operate, and maintain a transport project;

(6) assess the public policy implications related to any transport project; and

(7) assess the secondary impacts of any transport project, including economic impacts on local economies, local employment, small businesses, fiscal impact on local governments, public benefits and costs, operation of existing economic activity, and economic development.

(c) The draft aquifer transport assessment must be completed not later than September 1, 2010. The final aquifer transport assessment must be completed not later than December 31, 2010.

(d) Not later than January 1, 2011, the study group shall provide a copy of the final aquifer transport study to the following:

(1) the members of the study group;

(2) the governor;

(3) the lieutenant governor;

(4) the speaker of the house of representatives;

(5) the chair of the House Natural Resources Committee;

(6) the chair of the Senate Natural Resources Committee;

(7) the chair of the Edwards Aquifer Legislative Oversight Committee; and

(8) the program manager of the Edwards Aquifer Recovery Implementation Program.

SECTION 5. EDWARDS AQUIFER TRANSPORT ASSESSMENT PEER REVIEW TEAM.

(a) The study group created under this act shall appoint an Edwards Aquifer transport assessment peer review team no later than December 31, 2009. The peer review team must be composed of at least five members who have technical expertise regarding the issues set out in section 4(b) of this act.

(b) A member of the peer review team may receive compensation for service on the peer review team and be reimbursed for reasonable and necessary expenses incurred by the member while conducting the business of the peer review team.

(c) Chapter 2110, Government Code, does not apply to the size, composition, or duration of the peer review team.

(d) The peer review team shall review and evaluate the draft transport assessment to maintain or enhance the quality of the assessment by identifying the strengths of the assessment as well as any weaknesses, errors, or deficiencies, and offer appropriate suggestions for improvement.

(e) The study group shall review the peer review comments and provide written responses to the comments, and make changes or otherwise incorporate the comments as may be appropriate in the judgment of the study group.

SECTION 6. PUBLIC HEARINGS.

(a) The study group shall conduct the following public hearings:

(1) at least one organizational public hearing to introduce the study group, discuss and explain its mission and charge, provide the probable organization of and the likely scope of the issues to be considered in the aquifer transport assessment, and to take public comment on these matters.

(2) at least one public hearing to take public comment on the draft aquifer transport assessment.

(b) Public hearings will be conducted in the manner the study group deems most suitable to conveniently, inexpensively and expeditiously provide a reasonable opportunity for interested persons to submit relevant data, views, or arguments, in writing or orally.

(c) The chair of the study group will be the presiding officer of any public hearings.

(d) Public hearings may be recorded in any manner deemed appropriate by the study group.

(e) Authority staff will provide to all permit holders written notice of any public hearings.

(f) At least 14 days before the date of the public hearings, Authority staff will publish notice of any public hearings in the following:

(1) a newspaper of general circulation within the boundaries of the authority; and

(2) four other newspapers with circulation within the boundaries of the authority.

(h) A notice of public hearing must include:

(1) a statement of the purpose of the hearing;

(2) the date, time, and place of the public hearing;

(3) the procedures for obtaining copies of the draft aquifer transport assessment;

(4) the procedures for submitting written comments and the date and time by which they must be filed with the study group; and

(5) a statement regarding the opportunity to appear and make public comment at the public hearing.

(i) Written comments to the draft aquifer transport assessment must be filed at the official address of the authority or hand delivered to the presiding officer of any public hearing. Written comments must be filed no later than 15 days after the date of the last public hearing. Written comments should be typed or legibly written. The study group shall consider all comments prior to approving the final aquifer transport assessment and must prepare written responses only to written public comments.

SECTION 7. EMERGENCY. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessary that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted.

SECTION 8. 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, 2009.