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A BILL TO BE ENTITLED
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AN ACT
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relating to the study and assessment of the transport of |
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groundwater in the area regulated by the Edwards Aquifer Authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. STATEMENT OF PURPOSE AND LEGISLATIVE FINDINGS. |
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In order to establish a study group to review and assess the |
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groundwater management strategy of transporting groundwater from |
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Uvalde and Medina counties and to evaluate the impacts of section |
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1.28 of article 1 of the Edwards Aquifer Authority Act on |
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groundwater management opportunities for the Edwards Aquifer, the |
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legislature finds that: |
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(a) the Edwards Aquifer is a unique and complex hydrological |
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system, with diverse economic and social interests dependent on the |
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aquifer for water supply; |
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(b) the concentration over time of withdrawals from the San |
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Antonio Pool of the Edwards Aquifer through the transfer of |
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groundwater withdrawal rights from the Uvalde Pool may have an |
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adverse impact on key springflow and aquifer levels, resulting in |
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less reliable groundwater withdrawal rights in the San Antonio |
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Pool; |
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(c) potential groundwater management strategies within the |
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Edwards Aquifer should be evaluated to reflect future increases in |
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the need for water; |
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(d) local issues should be considered and addressed when |
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developing management strategies to address future need; |
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(e) it is in the public interest to consider all available |
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options for groundwater management of the Edwards Aquifer; |
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(f) it is important to consider the long-term impacts to |
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aquifer levels and springflows throughout the Edwards Aquifer from |
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transporting groundwater from Uvalde and Medina counties; and |
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(g) an assessment of water transportation projects from |
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Uvalde and Medina counties should be considered through a |
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consensus-based process involving balanced, regional |
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representation. |
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SECTION 2. DEFINITIONS. |
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In this act: |
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(1) "aquifer" means the Edwards Aquifer as defined in |
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section 1.03(1) of article 1 of the Edwards Aquifer Authority Act, |
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Act of May 30, 1993, 73rd Leg., R.S., ch. 626, 1993 Tex. Gen. Laws |
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2350, as amended, within the boundaries of the authority. |
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(2) "aquifer transport assessment" (or "transport |
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assessment") means a written report prepared as provided by this |
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act by the application of a scientifically derived process for |
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assessing the response of the aquifer and springflows, among other |
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things, to the transport of groundwater withdrawn from the aquifer |
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out of Uvalde County or Medina County. |
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(3) "authority" means the Edwards Aquifer Authority. |
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(4) "study group" means the Edwards Aquifer Transport Study |
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Group. |
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(5) "transport" means the movement by any means or works of |
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groundwater withdrawn from the aquifer in Uvalde or Medina Counties |
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to a point of delivery outside those counties for beneficial use |
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within the boundaries of the authority. |
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SECTION 3. EDWARDS AQUIFER TRANSPORT STUDY GROUP. |
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(a) In recognition of the legislative findings made in |
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section 1 of this act, the Edwards Aquifer Transport Study Group is |
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created. As soon as practicable after the effective date of this |
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act, the study group shall organize itself and appoint a chair. |
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(b) The study group is composed of twelve members with a |
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representative of each of the following entities, as appointed by |
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the governing body of that entity: |
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(1) the Edwards Aquifer Authority; |
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(2) the San Antonio Water System; |
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(3) the Guadalupe-Blanco River Authority; |
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(4) the San Antonio River Authority; |
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(5) the Nueces River Authority; |
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(6) the South Central Texas Water Advisory Committee; |
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(7) the county judge of Bexar County; |
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(8) the county judge of Comal County; |
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(9) the county judge of Hays County; |
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(10) the county judge of Medina County; |
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(11) the county judge of Uvalde County; and |
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(12) a representative of an environmental interest |
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identified by the study group, to be appointed by the governing body |
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of the environmental interest. |
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(c) Except for the county judges, each member of the study |
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group serves at the will of the governing body who appointed the |
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member. |
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(d) The authority on behalf of the study group may accept |
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outside gifts, grants, or other funding from any source to be used |
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to carry out the functions of the study group. |
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(e) The authority shall provide staff, administrative, and |
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funding support for the study group. |
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(f) The study group will establish a regular meeting |
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schedule and publish that schedule to encourage public |
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participation. |
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(g) Any meeting of the study group must be open to the |
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public. |
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(h) Chapter 2110, Government Code, does not apply to the |
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size, composition, or duration of the study group. |
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(i) In performing its duties, the study group shall: |
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(1) consider all reasonably available science, |
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including any project-specific studies, and base its assessment |
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solely on the best science available; and |
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(2) operate on a consensus basis to the maximum extent |
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possible. |
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(j) The study group is abolished on January 1, 2011. |
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SECTION 4. EDWARDS AQUIFER TRANSPORT ASSESSMENT. |
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(a) The study group shall prepare an aquifer transport |
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assessment. |
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(b) The aquifer transport assessment shall: |
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(1) study the possible methods and options to |
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transport groundwater from Uvalde and Medina counties; |
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(2) study the potential impacts on aquifer levels at |
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the J-17 and J-27 wells, and on spring discharge rates of the San |
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Marcos and Comal Springs, including throughout a repeat of the |
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drought of record; |
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(3) study the potential impacts of transport on the |
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authority's critical period management plan; |
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(4) include specific monitoring, studies, schedules, |
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and activities that take into account changed conditions and |
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information that more accurately reflects the impacts of any |
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transport project. |
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(5) assess the range and characteristics of entities |
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that could own, finance, design, construct, operate, and maintain a |
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transport project; |
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(6) assess the public policy implications related to |
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any transport project; and |
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(7) assess the secondary impacts of any transport |
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project, including economic impacts on local economies, local |
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employment, small businesses, fiscal impact on local governments, |
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public benefits and costs, operation of existing economic activity, |
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and economic development. |
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(c) The draft aquifer transport assessment must be |
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completed not later than September 1, 2010. The final aquifer |
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transport assessment must be completed not later than December 31, |
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2010. |
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(d) Not later than January 1, 2011, the study group shall |
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provide a copy of the final aquifer transport study to the |
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following: |
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(1) the members of the study group; |
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(2) the governor; |
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(3) the lieutenant governor; |
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(4) the speaker of the house of representatives; |
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(5) the chair of the House Natural Resources |
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Committee; |
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(6) the chair of the Senate Natural Resources |
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Committee; |
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(7) the chair of the Edwards Aquifer Legislative |
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Oversight Committee; and |
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(8) the program manager of the Edwards Aquifer |
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Recovery Implementation Program. |
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SECTION 5. EDWARDS AQUIFER TRANSPORT ASSESSMENT PEER REVIEW |
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TEAM. |
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(a) The study group created under this act shall appoint an |
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Edwards Aquifer transport assessment peer review team no later than |
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December 31, 2009. The peer review team must be composed of at |
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least five members who have technical expertise regarding the |
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issues set out in section 4(b) of this act. |
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(b) A member of the peer review team may receive |
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compensation for service on the peer review team and be reimbursed |
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for reasonable and necessary expenses incurred by the member while |
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conducting the business of the peer review team. |
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(c) Chapter 2110, Government Code, does not apply to the |
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size, composition, or duration of the peer review team. |
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(d) The peer review team shall review and evaluate the draft |
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transport assessment to maintain or enhance the quality of the |
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assessment by identifying the strengths of the assessment as well |
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as any weaknesses, errors, or deficiencies, and offer appropriate |
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suggestions for improvement. |
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(e) The study group shall review the peer review comments |
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and provide written responses to the comments, and make changes or |
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otherwise incorporate the comments as may be appropriate in the |
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judgment of the study group. |
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SECTION 6. PUBLIC HEARINGS. |
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(a) The study group shall conduct the following public |
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hearings: |
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(1) at least one organizational public hearing to |
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introduce the study group, discuss and explain its mission and |
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charge, provide the probable organization of and the likely scope |
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of the issues to be considered in the aquifer transport assessment, |
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and to take public comment on these matters. |
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(2) at least one public hearing to take public comment |
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on the draft aquifer transport assessment. |
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(b) Public hearings will be conducted in the manner the |
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study group deems most suitable to conveniently, inexpensively and |
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expeditiously provide a reasonable opportunity for interested |
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persons to submit relevant data, views, or arguments, in writing or |
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orally. |
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(c) The chair of the study group will be the presiding |
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officer of any public hearings. |
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(d) Public hearings may be recorded in any manner deemed |
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appropriate by the study group. |
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(e) Authority staff will provide to all permit holders |
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written notice of any public hearings. |
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(f) At least 14 days before the date of the public hearings, |
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Authority staff will publish notice of any public hearings in the |
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following: |
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(1) a newspaper of general circulation within the |
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boundaries of the authority; and |
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(2) four other newspapers with circulation within the |
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boundaries of the authority. |
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(h) A notice of public hearing must include: |
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(1) a statement of the purpose of the hearing; |
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(2) the date, time, and place of the public hearing; |
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(3) the procedures for obtaining copies of the draft |
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aquifer transport assessment; |
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(4) the procedures for submitting written comments and |
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the date and time by which they must be filed with the study group; |
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and |
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(5) a statement regarding the opportunity to appear |
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and make public comment at the public hearing. |
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(i) Written comments to the draft aquifer transport |
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assessment must be filed at the official address of the authority or |
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hand delivered to the presiding officer of any public hearing. |
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Written comments must be filed no later than 15 days after the date |
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of the last public hearing. Written comments should be typed or |
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legibly written. The study group shall consider all comments prior |
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to approving the final aquifer transport assessment and must |
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prepare written responses only to written public comments. |
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SECTION 7. EMERGENCY. The importance of this legislation |
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and the crowded condition of the calendars in both houses create an |
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emergency and an imperative public necessary that the |
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constitutional rule requiring bills to be read on three several |
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days in each house be suspended, and this rule is hereby suspended, |
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and that this Act take effect and be in force from and after its |
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passage, and it is so enacted. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |