1-1  By:  Armbrister, et al.                               S.B. No. 1477
    1-2        (In the Senate - Filed May 5, 1993; May 6, 1993, read first
    1-3  time and referred to Committee on Natural Resources; May 7, 1993,
    1-4  reported adversely, with favorable Committee Substitute by the
    1-5  following vote:  Yeas 8, Nays 3; May 7, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Sims                       x                       
    1-9        Truan              x                               
   1-10        Armbrister         x                               
   1-11        Barrientos         x                               
   1-12        Bivins                     x                       
   1-13        Brown              x                               
   1-14        Carriker           x                               
   1-15        Lucio                      x                       
   1-16        Montford           x                               
   1-17        Ratliff            x                               
   1-18        Shelley            x                               
   1-19  COMMITTEE SUBSTITUTE FOR S.B. No. 1477              By:  Armbrister
   1-20                         A BILL TO BE ENTITLED
   1-21                                AN ACT
   1-22  relating to the creation, administration, powers, duties,
   1-23  operation, and financing of the Edwards Aquifer Authority and the
   1-24  management of the Edwards Aquifer; granting the power of eminent
   1-25  domain; authorizing the issuance of bonds; providing civil and
   1-26  criminal penalties; and validating the creation of the Uvalde
   1-27  County Underground Water Conservation District.
   1-28        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-29                               ARTICLE 1
   1-30        SECTION 1.01.  FINDINGS AND DECLARATION OF POLICY.  The
   1-31  legislature finds that the Edwards Aquifer is a unique and complex
   1-32  hydrological system, with diverse economic and social interests
   1-33  dependent on the aquifer for water supply.  In keeping with that
   1-34  finding, the Edwards Aquifer is declared to be a distinctive
   1-35  natural resource in this state, a unique aquifer, and not an
   1-36  underground stream.  To sustain these diverse interests and that
   1-37  natural resource, a special regional management district is
   1-38  required for the effective control of the resource to protect
   1-39  terrestrial and aquatic life, domestic and municipal water
   1-40  supplies, the operation of existing industries, and the economic
   1-41  development of the state.  Use of water in the district for
   1-42  beneficial purposes requires that all reasonable measures be taken
   1-43  to be conservative in water use.
   1-44        SECTION 1.02.  Creation.  (a)  A conservation and reclamation
   1-45  district, to be known as the Edwards Aquifer Authority, is created
   1-46  in all or part of Atascosa, Bexar, Caldwell, Comal, Guadalupe,
   1-47  Hays, Medina, and Uvalde counties.  A confirmation  election is not
   1-48  necessary.  The authority is a governmental agency and a body
   1-49  politic and corporate.
   1-50        (b)  The authority is created under and is essential to
   1-51  accomplish the purposes of Article XVI, Section 59, of the Texas
   1-52  Constitution.
   1-53        SECTION 1.03.  DEFINITIONS.  In this article:
   1-54              (1)  "Aquifer" means the Edwards Aquifer, which is that
   1-55  portion of an arcuate belt of porous, water-bearing, predominately
   1-56  carbonate rocks known as the Edwards and Associated Limestones in
   1-57  the Balcones Fault Zone extending from west to east to northeast
   1-58  from the hydrologic division near Brackettville in Kinney County
   1-59  that separates underground flow toward the Comal Springs and San
   1-60  Marcos Springs from underground flow to the Rio Grande Basin,
   1-61  through Uvalde, Medina, Atascosa, Bexar, Guadalupe, and Comal
   1-62  counties, and in Hays County south of the hydrologic division near
   1-63  Kyle that separates flow toward the San Marcos River from flow to
   1-64  the Colorado River Basin.
   1-65              (2)  "Authority" means the Edwards Aquifer Authority.
   1-66              (3)  "Beneficial use" means the use of the amount of
   1-67  water that is reasonable and necessary for a lawful purpose, if
   1-68  reasonable intelligence and reasonable diligence are used in
    2-1  applying the water to that purpose.
    2-2              (4)  "Board" means the board of directors of the
    2-3  authority.
    2-4              (5)  "Commission" means the Texas Natural Resource
    2-5  Conservation Commission.
    2-6              (6)  "Conservation" means any measure that would
    2-7  sustain or enhance water supply.
    2-8              (7)  "Domestic use" means use of water by a person
    2-9  owning the well from which the water is withdrawn and that person's
   2-10  household for:
   2-11                    (A)  drinking, washing, or culinary purposes;
   2-12                    (B)  irrigation of lawns;
   2-13                    (C)  irrigation of a family garden or orchard the
   2-14  produce of which is for household consumption only; and
   2-15                    (D)  watering of domestic animals not raised,
   2-16  maintained, or sold for commercial purposes.
   2-17              (8)  "Existing user" means a person who has withdrawn
   2-18  and beneficially used underground water from the aquifer on or
   2-19  before June 1, 1993.
   2-20              (9)  "Industrial use" means the use of water for or in
   2-21  connection with commercial or industrial activities, including
   2-22  manufacturing, commercial feedlot operations, commercial fish
   2-23  production, bottling, brewing, food processing, scientific research
   2-24  and technology, recycling, production of concrete, asphalt, and
   2-25  cement, cooling-tower heat exchange, commercial uses of water for
   2-26  tourism, entertainment, and hotel or motel lodging, generation of
   2-27  power other than hydroelectric, and other business activities.
   2-28              (10)  "Irrigation use" means the use of water for the
   2-29  irrigation of pastures and commercial crops, including orchards.
   2-30              (11)  "Livestock" means animals, beasts, or poultry
   2-31  collected or raised for pleasure, recreational use, or commercial
   2-32  use.
   2-33              (12)  "Municipal use" means the use of water within or
   2-34  outside of a municipality and its environs whether supplied by a
   2-35  person, privately owned utility, political subdivision, or other
   2-36  entity, including the use of treated effluent for certain purposes
   2-37  specified as follows.  The term includes:
   2-38                    (A)  the use of water for domestic use, the
   2-39  watering of lawns and family gardens, fighting fires, sprinkling
   2-40  streets, flushing sewers and drains, water parks and parkways, and
   2-41  recreation, including public and private swimming pools;
   2-42                    (B)  the use of water in industrial and
   2-43  commercial enterprises supplied by a municipal distribution system
   2-44  without special construction to meet its demands; and
   2-45                    (C)  the application of treated effluent on land
   2-46  under a permit issued under Chapter 26, Water Code, if:
   2-47                          (i)  the primary purpose of the application
   2-48  is the treatment or necessary disposal of the effluent;
   2-49                          (ii)  the application site is a park,
   2-50  parkway, golf course, or other landscaped area within the
   2-51  authority's boundaries; or
   2-52                          (iii)  the effluent applied to the site is
   2-53  generated within an area for which the commission has adopted a
   2-54  rule that prohibits the discharge of the effluent.
   2-55              (13)  "Person" means an individual, corporation,
   2-56  organization, government or governmental subdivision or agency,
   2-57  business trust, estate, trust, partnership, association, and any
   2-58  other legal entity.
   2-59              (14)  "Pollution" means the alteration of the physical,
   2-60  thermal, chemical, or biological quality of any water in the state,
   2-61  or the contamination of any water in the state, that renders the
   2-62  water harmful, detrimental, or injurious to humans, animal life,
   2-63  vegetation, property, or public health, safety, or welfare or that
   2-64  impairs the usefulness of the public enjoyment of the water for any
   2-65  lawful or reasonable purpose.
   2-66              (15)  "Reuse" means authorized use for one or more
   2-67  beneficial purposes of use of water that remains unconsumed after
   2-68  the water is used for the original purpose of use and before the
   2-69  water is discharged or otherwise allowed to flow into a
   2-70  watercourse, lake, or other body of state-owned water.
    3-1              (16)  "Underground water" has the meaning assigned by
    3-2  Section 52.001, Water Code.
    3-3              (17)  "Waste" means:
    3-4                    (A)  withdrawal of underground water from the
    3-5  aquifer at a rate and in an amount that causes or threatens to
    3-6  cause intrusion into the  reservoir of water unsuitable for
    3-7  agricultural, gardening, domestic, or stock raising purposes;
    3-8                    (B)  the flowing or producing of wells from the
    3-9  aquifer if the water produced is not used for a beneficial purpose;
   3-10                    (C)  escape of underground water from the aquifer
   3-11  to any other reservoir that does not contain underground water;
   3-12                    (D)  pollution or harmful alteration of
   3-13  underground water in the aquifer by salt water or other deleterious
   3-14  matter admitted from another stratum or from the surface of the
   3-15  ground;
   3-16                    (E)  wilfully or negligently causing, suffering,
   3-17  or permitting underground water from the aquifer to escape into any
   3-18  river, creek, natural watercourse, depression, lake, reservoir,
   3-19  drain, sewer, street, highway, road, or road ditch, or onto any
   3-20  land other than that of the owner of the well; or
   3-21                    (F)  underground water pumped from the aquifer
   3-22  for irrigation that escapes as irrigation tailwater onto land other
   3-23  than that of the owner of the well unless permission has been
   3-24  granted by the occupant of the land receiving the discharge.
   3-25              (18)  "Well" means a bored, drilled, or driven shaft or
   3-26  an artificial opening in the ground made by digging, jetting, or
   3-27  some other method where the depth of the shaft or opening is
   3-28  greater than its largest surface dimension, but does not include a
   3-29  surface pit, surface excavation, or natural depression.
   3-30              (19)  "Well J-17" means state well number AY-68-37-203
   3-31  located in Bexar County.
   3-32              (20)  "Well J-27" means state well number YP-69-50-302
   3-33  located in Uvalde County.
   3-34              (21)  "Withdrawal" means an act or a failure to act
   3-35  that results in taking water from the aquifer by or through
   3-36  man-made facilities, including pumping, withdrawing, or diverting
   3-37  underground water.
   3-38        SECTION 1.04.  BOUNDARIES.  The authority includes the
   3-39  territory contained within the following area:
   3-40              (1)  all of the areas of Bexar, Medina, and Uvalde
   3-41  counties;
   3-42              (2)  all of the area of Comal County, except that
   3-43  portion of the county that lies North of the North line through the
   3-44  county of Subdivision No. 1 of the Underground Water Reservoir in
   3-45  the Edwards Limestone, Balcones escarpment area, as defined by the
   3-46  order of the Board of Water Engineers dated January 10, 1957;
   3-47              (3)  the part of Caldwell County beginning with the
   3-48  intersection of Hays County Road 266 and the San Marcos River;
   3-49        THENCE southeast along the San Marcos River to the point of
   3-50  intersection of Caldwell, Guadalupe, and Gonzales counties;
   3-51        THENCE southeast along the Caldwell-Gonzales County line to
   3-52  its intersection with U.S. Highway 183;
   3-53        THENCE north along U.S. Highway 183 to its intersection with
   3-54  State Highway 21;
   3-55        THENCE southwest along State Highway 21 to its intersection
   3-56  with Hays County Road 266;
   3-57        THENCE southwest along Hays County Road 266 to the place of
   3-58  beginning;
   3-59              (4)  the part of Hays County beginning on the northwest
   3-60  line of the R. B. Moore Survey, Abstract 412, in Comal County where
   3-61  it crosses the Comal County-Hays County line northeast along the
   3-62  northwest line of said Survey to the northeast corner of said
   3-63  Survey in Hays County, Texas;
   3-64        THENCE southeast in Hays County, Texas across the Jas.
   3-65  Deloach Survey, Abstract 878, to the most westerly northwest corner
   3-66  of the Presidio Irrigation Co. Survey, Abstract 583;
   3-67        THENCE northeast along the northwest line of said Survey to
   3-68  its most northerly northwest corner;
   3-69        THENCE continuing in the same line across the R.S. Clayton
   3-70  Survey 2, Block 742, to the west line of the H. & G. N. RR. Co.
    4-1  Survey 1, Abstract 668;
    4-2        THENCE north along the west line of said Survey to its
    4-3  northwest corner;
    4-4        THENCE east along the north line of said Survey to its
    4-5  northeast corner;
    4-6        THENCE northeast across the David Wilson Survey 83, Abstract
    4-7  476, to the southeast corner of the F. W. Robertson Survey 71,
    4-8  Abstract 385;
    4-9        THENCE north along the east line of said Survey to the
   4-10  southwest corner of the Benjamin Weed Survey 72, Abstract 483;
   4-11        THENCE east along the south line of said Survey to its
   4-12  southeast corner;
   4-13        THENCE northeast across the William Gray Survey 73, Abstract
   4-14  92, and the Murray Bailey Survey 75, Abstract 42, to the southwest
   4-15  corner of the D.Holderman Survey 33, Abstract 225;
   4-16        THENCE north along the west line of said Survey to its
   4-17  northwest corner;
   4-18        THENCE continuing in the same line to the north line of the
   4-19  Day Land & Cattle Co. Survey 672;
   4-20        THENCE west along said north line of said Survey to its
   4-21  northwest corner, which is in the east line of the Jesse Williams
   4-22  Survey 4 to the northeast corner of said Survey;
   4-23        THENCE west along the north line of said Survey to the
   4-24  Southwest corner of the Amos Singleton Survey 106, Abstract 410;
   4-25        THENCE north along the west lines of said Amos Singleton
   4-26  Survey 106 and the Watkins Nobles Survey 107, Abstract 346, to the
   4-27  northwest corner of said Watkins Nobles Survey 107;
   4-28        THENCE east along the north line of said Survey to the
   4-29  southwest corner of the Jesusa Perez Survey 14, Abstract 363;
   4-30        THENCE north along the west line of said Jesusa Perez Survey
   4-31  14 to its northwest corner;
   4-32        THENCE east along the north line of said Survey to its
   4-33  northeast corner;
   4-34        THENCE, south along the east line of said Survey for a
   4-35  distance of approximately 10,000 feet to its intersection with
   4-36  Ranch Road 150;
   4-37        THENCE, east by southeast along Ranch Road 150 approximately
   4-38  24,500 feet to its intersection with the southern boundary line of
   4-39  the Andrew Dunn Survey 9, Abstract 4;
   4-40        THENCE, east along the south line of said survey as it
   4-41  extends and becomes the southern boundary line of the Morton M.
   4-42  McCarver Survey 4, Abstract 10, for a distance of approximately
   4-43  7,000 feet to its intersection with Ranch Road 2770;
   4-44        THENCE, south on Ranch Road 2770 for a distance of
   4-45  approximately 400 feet to its intersection with Farm-to-Market Road
   4-46  171;
   4-47        THENCE, east along Farm-to-Market Road 171 for a distance of
   4-48  approximately 10,500 feet to its intersection with Farm-to-Market
   4-49  Road 25;
   4-50        THENCE, north by northeast along Farm-to-Market Road 25 for a
   4-51  distance of approximately 3,100 feet to its intersection with
   4-52  Farm-to-Market Road 131;
   4-53        THENCE, east by southeast along Farm-to-Market Road 131 for a
   4-54  distance of approximately 3,000 feet to its intersection with the
   4-55  east line of the Thomas G. Allen Survey, Abstract 26;
   4-56        THENCE south along the east line of said Thomas G. Allen
   4-57  Survey to the most northerly northwest corner of the Elisha Pruett
   4-58  Survey 23, Abstract 376;
   4-59        THENCE southwest along a west line of said Elisha Pruett
   4-60  Survey 23 to the west corner of said Survey;
   4-61        THENCE southeast along the southwest line of said Survey to
   4-62  the north corner of the John Stewart Survey, Abstract 14;
   4-63        THENCE southwest along the northwest line of said John
   4-64  Stewart Survey to its west corner;
   4-65        THENCE continuing in the same line to the most northerly
   4-66  southwest line of the John Jones Survey, Abstract 263;
   4-67        THENCE southeast along said southwest line to an interior
   4-68  corner of said John Jones Survey;
   4-69        THENCE southwest along the most southerly northwest line of
   4-70  said Survey to the southwest corner of said Survey;
    5-1        THENCE southeast along the south line of said Survey to the
    5-2  north corner of the James W. Williams Survey 11, Abstract 473;
    5-3        THENCE southwest along the northwest line of said James W.
    5-4  Williams Survey 11 to its west corner;
    5-5        THENCE southeast along the southwest line of said Survey to
    5-6  the north right-of-way line of the I. & G. N. RR.;
    5-7        THENCE southwest along said right-of-way of said I. & G. N.
    5-8  RR. to the Hays County-Comal County line;
    5-9        THENCE south along said county line to the northwest line of
   5-10  the R. B. Moore Survey, Abstract 412, in Hays County where it
   5-11  crosses the Hays County-Comal County line;
   5-12              (5)  all of the territory of Hays County contained
   5-13  within the following described area:
   5-14        Beginning on the most southern point of Hays County at the
   5-15  intersection of Hays, Comal, and Guadalupe Counties; then
   5-16  continuing in a northeasterly direction along the Hays-Guadalupe
   5-17  county line to its intersection with the Hays-Caldwell county line;
   5-18  then continuing along the Hays-Caldwell county line to an
   5-19  intersection with Farm-to-Market Road 150; then continuing in a
   5-20  northwesterly direction along Farm-to-Market Road 150 to the
   5-21  intersection with the existing southern boundary of the part of
   5-22  Hays County described in Subdivision (3) of this section; then
   5-23  continuing in a southwesterly direction along the existing southern
   5-24  boundary of the part of Hays County described in Subdivision (3) of
   5-25  this section to the intersection with the Hays-Comal county line;
   5-26  then continuing in a southerly direction along the Hays-Comal
   5-27  county line to the point of beginning;
   5-28              (6)  the part of Guadalupe County beginning at the
   5-29  Guadalupe County-Caldwell County-Hays County-Comal County line at
   5-30  the San Marcos River in the northwest corner of Guadalupe County,
   5-31  Texas.
   5-32        THENCE southeast along the Guadalupe County-Hays County line
   5-33  to the intersect of the Guadalupe County-Hays County-Comal County
   5-34  line.
   5-35        THENCE southeast along the Guadalupe County-Comal County line
   5-36  to the intersect of the Guadalupe County-Comal County-Bexar County
   5-37  intersect at the Cibolo Creek.
   5-38        THENCE south along the Guadalupe County-Bexar County line
   5-39  along the Cibolo Creek to the intersect of the Guadalupe
   5-40  County-Bexar County-Wilson County line.
   5-41        THENCE south along the Guadalupe County-Wilson County line
   5-42  along the Cibolo Creek to the intersect and crossing of Guadalupe
   5-43  County Road 417.
   5-44        THENCE east along Guadalupe County Road 417 to the intersect
   5-45  of Guadalupe County road number 417 and Guadalupe County Road 412.
   5-46        THENCE northeast along Guadalupe County Road 412 to the
   5-47  intersect of Guadalupe County road number 412 and Guadalupe County
   5-48  Road 411 A.
   5-49        THENCE east along Guadalupe County Road 411 A to the
   5-50  intersect of Guadalupe County road number 411 A and Farm-to-Market
   5-51  Road 725.
   5-52        THENCE north along Farm-to-Market Road 725 to the intersect
   5-53  of Farm-to-Market road number 725 and Interstate Highway 10.
   5-54        THENCE east along Interstate Highway 10 to the intersect of
   5-55  Interstate Highway 10 and State Highway 90.
   5-56        THENCE east along State Highway 90 to the Guadalupe
   5-57  County-Caldwell County line at the San Marcos river.
   5-58        THENCE northwest along the Guadalupe County-Caldwell County
   5-59  line along the San Marcos river to the place of beginning; and
   5-60              (7)  the part of Atascosa County beginning on the north
   5-61  line of the Robt. C. Rogers Survey, at the Bexar County-Atascosa
   5-62  County line, to its northwest corner, which is the northeast corner
   5-63  of the F. Brockinzen Survey, Abstract 86;
   5-64        THENCE south along the east line of said Survey passing
   5-65  through its southeast corner and continuing south along the east
   5-66  line of the F. Brockinzen Survey, Abstract 90, to its southeast
   5-67  corner;
   5-68        THENCE west along the south line of said survey to its
   5-69  southwest corner;
   5-70        THENCE north along the west line of said F. Brockinzen Survey
    6-1  to the southeast corner of the B. Bonngartner Survey, Abstract 87;
    6-2        THENCE west along the south line of said B. Bonngartner
    6-3  Survey passing through its southwest corner and continuing along
    6-4  the south line of the J. B. Goettlemann Survey, Abstract 309, to
    6-5  the Atascosa County-Medina County line;
    6-6        THENCE north along the Atascosa County-Medina County line to
    6-7  the Bexar County line;
    6-8        THENCE east along the Atascosa County-Bexar County Line to
    6-9  the place of beginning.
   6-10        SECTION 1.05.  FINDINGS RELATING TO BOUNDARIES.  The
   6-11  legislature finds that the boundaries and field notes of the
   6-12  authority form a closure.  A mistake in the field notes or in
   6-13  copying the field notes in the legislative process does not affect
   6-14  the organization, existence, or validity of the district or the
   6-15  legality or operation of the district or its governing body.
   6-16        SECTION 1.06.  FINDING OF BENEFIT.  (a)  The legislature
   6-17  finds that the water in the unique underground system of
   6-18  water-bearing formations known as the Edwards-Balcones Fault Zone
   6-19  Aquifer has a hydrologic interrelationship to the Guadalupe, San
   6-20  Antonio, San Marcos, Comal, Frio, and Nueces river basins, is the
   6-21  primary source of water for the residents of the region, and is
   6-22  vital to the general economy and welfare of this state.  The
   6-23  continuous and sustained withdrawal of underground water from the
   6-24  aquifer at the rates between 1982 and 1993 or greater rates may
   6-25  result in damage to the aquifer, the Comal and San Marcos springs,
   6-26  and the general economy and welfare of this state.  Before the
   6-27  effective date of this Act there was  no effective, consistent, or
   6-28  comprehensive regulation of the withdrawal and use of underground
   6-29  water from the aquifer and the withdrawal and use of that
   6-30  underground water will continue to increase unless effective
   6-31  management is implemented.  The legislature finds that it is
   6-32  necessary and appropriate and a benefit to the welfare of this
   6-33  state to provide for the recognition and management of rights to
   6-34  withdraw underground water from the aquifer through the application
   6-35  of management mechanisms appropriate to that unique system.
   6-36        (b)  The legislature further finds that all of the land and
   6-37  other property included within the boundaries of the authority will
   6-38  be benefitted by exercise of the powers of the authority and by the
   6-39  works and projects that are to be accomplished by the authority
   6-40  under powers conferred by Article XVI, Section 59, of the Texas
   6-41  Constitution.  The authority is created to serve a public use and
   6-42  benefit.
   6-43        SECTION 1.07.  COMPENSATION FOR PROPERTY.  The legislature
   6-44  intends that just compensation be paid in the event that
   6-45  implementation of this article causes a taking of private property
   6-46  or results in the impairment of a contract in contravention of the
   6-47  Texas or federal constitution.
   6-48        SECTION 1.08.  GENERAL POWERS.  (a)  The authority has all of
   6-49  the powers, rights, and privileges necessary to manage, conserve,
   6-50  preserve, and protect the aquifer and to increase the recharge of,
   6-51  and prevent the waste or pollution of water in, the aquifer.  The
   6-52  authority has all of the rights, powers, privileges, authority,
   6-53  functions, and duties provided by the general law of this state,
   6-54  including Chapters 50 and 52, Water Code, applicable to an
   6-55  authority created under Article XVI, Section 59, of the Texas
   6-56  Constitution.  This article prevails over any provision of general
   6-57  law that is in conflict or inconsistent with this article regarding
   6-58  the area of the authority's jurisdiction.
   6-59        (b)  The authority's powers regarding underground water apply
   6-60  only to underground water within or withdrawn from the aquifer.
   6-61        (c)  The rights, powers, privileges, authority, functions,
   6-62  and duties of the authority are subject to the continuing right of
   6-63  supervision of the state to be exercised by and through the
   6-64  commission.
   6-65        SECTION 1.09.  BOARD OF DIRECTORS.  (a)  The authority is
   6-66  governed by a board of nine directors.
   6-67        (b)  A board member must be a resident of or qualified voter
   6-68  in a county all or part of which is included within the boundaries
   6-69  of the authority.
   6-70        (c)  The board consists of:
    7-1              (1)  three residents of Bexar County, with two
    7-2  residents appointed by the governing body of the City of San
    7-3  Antonio and one resident appointed by the Commissioners Court of
    7-4  Bexar County to represent cities and communities in the county
    7-5  other than the City of San Antonio;
    7-6              (2)  one resident of Comal County or the City of New
    7-7  Braunfels appointed by the Commissioners Court of Comal County;
    7-8              (3)  one resident of Hays County appointed by the
    7-9  governing body of the City of San Marcos;
   7-10              (4)  one resident of Medina County appointed by the
   7-11  governing body of the Medina Underground Water Conservation
   7-12  District;
   7-13              (5)  one resident of Uvalde County appointed by the
   7-14  governing body of the Uvalde Underground Water Conservation
   7-15  District;
   7-16              (6)  one person appointed by the Commissioners Court of
   7-17  Bexar County who is an active operator engaged in irrigated
   7-18  agriculture to alternate terms with a resident of Atascosa County
   7-19  appointed by the governing body of the Evergreen Underground Water
   7-20  District, with the person appointed by the Evergreen Underground
   7-21  Water Conservation District serving the first term; and
   7-22              (7)  one person appointed in rotation by the
   7-23  Commissioners Court of Guadalupe, Hays, or Comal County, with a
   7-24  person appointed by the Commissioners Court of Guadalupe County to
   7-25  serve the first term, followed by a person appointed by the
   7-26  Commissioners Court of Hays County to serve the second term,
   7-27  followed by a person appointed by the Commissioners Court of Comal
   7-28  County to serve the third term, and rotating in that order of
   7-29  appointment for subsequent terms.
   7-30        (d)  The Commissioners Court of Bexar County and the
   7-31  governing body of the City of San Antonio must make appointments
   7-32  under Subsection (c) of this section that accurately reflect the
   7-33  ethnic composition of the population of Bexar County.
   7-34        (e)  The initial directors of the board shall draw lots to
   7-35  determine their terms.  Four initial directors serve terms that
   7-36  expire June 1, 1995.  Five initial directors serve terms that
   7-37  expire June 1, 1997.  Subsequent directors shall be appointed to
   7-38  serve staggered four-year terms, the appropriate number of which
   7-39  expire June 1 of each odd-numbered year.
   7-40        (f)  At the initial meeting of the board, the members shall
   7-41  select one member to serve as presiding officer.  The presiding
   7-42  officer serves a term set by rule of the board not to exceed four
   7-43  years.
   7-44        (g)  An act of the board is not valid unless adopted by the
   7-45  affirmative vote of a majority of the members of the board.
   7-46        (h)  Board members receive no compensation for service on the
   7-47  board but are entitled to reimbursement for actual and necessary
   7-48  expenses incurred in the performance of their duties.
   7-49        (i)  Board members shall hold office until a successor has
   7-50  been selected and approved and has qualified by taking the oath of
   7-51  office.
   7-52        (j)  If a vacancy on the board occurs, the governing body
   7-53  that appointed the vacating member shall appoint another person
   7-54  having the same qualifications required of the vacating member to
   7-55  serve the unexpired portion of the vacating member's term.
   7-56        SECTION 1.10.  AREA REPRESENTATIVES.  (a)  The commissioners
   7-57  court of each of the following counties shall appoint an area
   7-58  representative:
   7-59              (1)  Atascosa;
   7-60              (2)  Comal;
   7-61              (3)  Guadalupe;
   7-62              (4)  Hays;
   7-63              (5)  Medina; and
   7-64              (6)  Uvalde.
   7-65        (b)  The governing body of the City of San Antonio shall
   7-66  appoint an area representative for Bexar County.
   7-67        (c)  If an underground water conservation district has been
   7-68  created in a county:
   7-69              (1)  the general manager of the district serves as the
   7-70  area representative for the county; and
    8-1              (2)  the commissioners court of the county, or the
    8-2  governing body of the City of San Antonio in the case of Bexar
    8-3  County, may not appoint a representative for the county.
    8-4        (d)  An area representative appointed by a commissioners
    8-5  court or other governing body under Subsection (a) or (b) of this
    8-6  section serves at the pleasure of the court or body that appointed
    8-7  the representative.
    8-8        (e)  An area representative's duties include:
    8-9              (1)  assisting the authority in developing the
   8-10  authority's demand management plan for the county that the
   8-11  representative represents;
   8-12              (2)  assisting the authority to implement the demand
   8-13  management plan; and
   8-14              (3)  performing other duties requested by the board
   8-15  that the representative may practicably perform.
   8-16        SECTION 1.11.  ADVISORY COMMITTEE ON DOWNSTREAM WATER RIGHTS
   8-17  AND ISSUES.  (a)  The Edwards Aquifer Area Advisory Committee shall
   8-18  advise the board on downstream water rights and issues.  The
   8-19  advisory committee consists of members appointed in accordance with
   8-20  Subsection (b) of this section and one member appointed by the
   8-21  commissioners court of each of the following counties, except that
   8-22  Atascosa and Guadalupe counties may not have a representative on
   8-23  the advisory committee when the county has a representative member
   8-24  on the board:
   8-25              (1)  Atascosa;
   8-26              (2)  Caldwell;
   8-27              (3)  Calhoun;
   8-28              (4)  DeWitt;
   8-29              (5)  Goliad;
   8-30              (6)  Gonzales;
   8-31              (7)  Guadalupe;
   8-32              (8)  Karnes;
   8-33              (9)  Nueces;
   8-34              (10)  Refugio;
   8-35              (11)  San Patricio;
   8-36              (12)  Victoria; and
   8-37              (13)  Wilson.
   8-38        (b)  The governing body of each municipality that is in a
   8-39  county listed in Subsection (a) of this section and has a
   8-40  population of more than 50,000 may also appoint a member to the
   8-41  advisory committee.
   8-42        (c)  A member must be a resident or qualified voter of or
   8-43  engaged in business in a county all or part of which is included in
   8-44  the member's area of representation.
   8-45        (d)  The reimbursement of an advisory committee member for
   8-46  expenses is on the same terms as the reimbursement of board
   8-47  members.  An advisory committee member is not entitled to
   8-48  compensation.
   8-49        (e)  An advisory committee member holds office until a
   8-50  successor is appointed.
   8-51        (f)  The authority shall send to each advisory committee
   8-52  member all the communications of the authority that are extended to
   8-53  board members and may participate in board meetings to represent
   8-54  downstream water supply concerns and assist in solutions to those
   8-55  concerns.  Advisory committee members may not vote on a board
   8-56  decision.
   8-57        (g)  The advisory committee by resolution may request the
   8-58  board to reconsider  any board action that is considered
   8-59  prejudicial to downstream water interests.  If the board review
   8-60  does not result in a resolution satisfactory to the advisory
   8-61  committee, the advisory committee by resolution may request the
   8-62  commission to review the action.  The commission shall review the
   8-63  action and may make a recommendation to the board.
   8-64        (h)  The advisory committee shall meet to organize and elect
   8-65  a presiding officer.
   8-66        (i)  The presiding officer of the advisory committee shall
   8-67  submit a report assessing the effectiveness of the authority to the
   8-68  commission and the authority by March 31 of each even-numbered
   8-69  year.  The report must assess the effect on downstream water rights
   8-70  of the management of the aquifer.  The authority shall consider the
    9-1  report in managing the authority's affairs.
    9-2        SECTION 1.12.  GENERAL POWERS AND DUTIES OF THE BOARD AND
    9-3  AUTHORITY.  (a)  The board shall adopt rules necessary to carry out
    9-4  the authority's powers and duties under this article, including
    9-5  rules governing procedures of the board and authority.
    9-6        (b)  The authority shall ensure compliance with permitting,
    9-7  metering, and reporting requirements and shall regulate permits.
    9-8        (c)  The authority may issue orders to enforce this article
    9-9  or its rules.
   9-10        (d)  The authority may:
   9-11              (1)  issue or administer grants, loans, or other
   9-12  financial assistance to water users for water conservation and
   9-13  water reuse;
   9-14              (2)  enter into contracts;
   9-15              (3)  sue and be sued in its own name;
   9-16              (4)  receive gifts, grants, awards, and loans for use
   9-17  in carrying out its powers and duties;
   9-18              (5)  hire an executive director to be the chief
   9-19  administrator of the authority and other employees as necessary to
   9-20  carry out its powers and duties;
   9-21              (6)  delegate the power to hire employees to the
   9-22  executive director of the authority;
   9-23              (7)  own real and personal property;
   9-24              (8)  close abandoned, wasteful, or dangerous wells;
   9-25              (9)  hold permits under state law or under federal law
   9-26  pertaining to the Endangered Species Act of 1973 (16 U.S.C. Section
   9-27  1531 et seq.) and its amendments;
   9-28              (10)  enforce Chapter 32, Water Code, and commission
   9-29  rules adopted under that Act within the authority's boundaries; and
   9-30              (11)  require to be furnished to the authority water
   9-31  well drillers' logs that are required by Chapter 32, Water Code, to
   9-32  be kept and furnished to the commission.
   9-33        (e)  The authority may contract with a person who uses water
   9-34  from the aquifer for the authority or that person to construct,
   9-35  operate, own, finance, and maintain water supply facilities.
   9-36  Management fees or special fees may not be used for purchasing or
   9-37  operating these facilities.  For the purpose of this subsection,
   9-38  "water supply facility" includes a dam, reservoir, treatment
   9-39  facility, transmission facility, or recharge project.
   9-40        (f)  The authority has the power of eminent domain.  The
   9-41  authority may not acquire rights to underground water by the power
   9-42  of eminent domain.
   9-43        (g)  The authority is subject to the open meetings law,
   9-44  Chapter 271, Acts of the 60th Legislature, Regular Session, 1967
   9-45  (Article 6252-17, Vernon's Texas Civil Statutes), the open records
   9-46  law, Chapter 424, Acts of the 63rd Legislature, Regular Session,
   9-47  1973 (Article 6252-17a, Vernon's Texas Civil Statutes), and the
   9-48  Administrative Procedure and Texas Register Act (Article 6252-13a,
   9-49  Vernon's Texas Civil Statutes), and their subsequent amendments.
   9-50        SECTION 1.13.  SUNSET COMMISSION REVIEW.  (a)  The board is
   9-51  subject to review under the Texas Sunset Act (Chapter 325,
   9-52  Government Code) and its subsequent amendments but may not be
   9-53  abolished under that Act.  The review shall be conducted as if the
   9-54  board were scheduled to be abolished September 1, 2005.
   9-55        (b)  Unless members of the board are continued in office
   9-56  after the review, their membership expires September 1, 2005.
   9-57        (c)  When the membership of the board of directors expires
   9-58  under Subsection (b) of this section, a new board of directors
   9-59  shall be appointed as provided by this article, with each new
   9-60  member serving for the unexpired term of the member's predecessor.
   9-61  A member whose membership has expired under Subsection (b) is not
   9-62  eligible for reappointment under this subsection.
   9-63        SECTION 1.14.  WATER QUALITY.  The authority has the powers
   9-64  provided a local government under Subchapters D and E, Chapter 26,
   9-65  Water Code, to prevent pollution and enforce water quality
   9-66  standards within the authority's boundaries and in a buffer zone
   9-67  that includes all of the area less than 10 miles outside of the
   9-68  authority's boundaries.
   9-69        SECTION 1.15.  WITHDRAWALS.  (a)  Authorizations to withdraw
   9-70  water from the aquifer and all authorizations and rights to make a
   10-1  withdrawal under this Act shall be limited in accordance with this
   10-2  section to:
   10-3              (1)  protect the water quality of the aquifer;
   10-4              (2)  protect the water quality of the surface streams
   10-5  to which the aquifer provides springflow;
   10-6              (3)  achieve water conservation;
   10-7              (4)  maximize the beneficial use of water available for
   10-8  withdrawal from the aquifer;
   10-9              (5)  protect aquatic and wildlife habitat;
  10-10              (6)  protect species that are designated as threatened
  10-11  or endangered under applicable federal or state law; and
  10-12              (7)  provide for instream uses, bays, and estuaries.
  10-13        (b)  Except as provided by Subsections (d), (e), and (g) of
  10-14  this section and Section 1.27 of this article, for the period
  10-15  ending December 31, 2007, the amount of permitted withdrawals from
  10-16  the aquifer may not exceed 450,000 acre-feet of water for each
  10-17  calendar year.
  10-18        (c)  Except as provided by Subsections (d), (e), and (g) of
  10-19  this section and Section 1.27 of this article, for the period
  10-20  beginning January 1, 2008, the amount of permitted withdrawals from
  10-21  the aquifer may not exceed 400,000 acre-feet of water for each
  10-22  calendar year.
  10-23        (d)  If, through studies and, if necessary, implementation of
  10-24  water management strategies, including springflow augmentation,
  10-25  diversions downstream of the springs, supplemental recharge, and
  10-26  conjunctive management of surface and subsurface water, the
  10-27  authority determines that additional supplies are available from
  10-28  the aquifer or that the available supply is reduced, the authority,
  10-29  in consultation with appropriate state and federal agencies, may
  10-30  review and may increase or decrease the maximum amount of permitted
  10-31  withdrawals provided by this section and set a different maximum
  10-32  amount of permitted withdrawals.
  10-33        (e)  If the level of the aquifer is equal to or greater than
  10-34  665 feet above mean sea level as measured at Well J-17, the
  10-35  authority may authorize withdrawal from the San Antonio pool, on an
  10-36  interruptible basis, of additional amounts above the withdrawal
  10-37  limitations imposed in accordance with  this section.    If the
  10-38  level of the aquifer is equal to or greater than 865 feet at Well
  10-39  J-27, the authority may authorize withdrawal from the Uvalde pool,
  10-40  on an interruptible basis, of additional amounts above the
  10-41  withdrawal limits imposed in accordance with this section.  The
  10-42  authority shall limit the additional withdrawals to ensure that
  10-43  springflows are not affected during critical drought conditions.
  10-44        (f)  The authority by rule may define other pools within the
  10-45  aquifer, in accordance with hydrogeologic research, and may
  10-46  establish index wells for any pool to monitor the level of the
  10-47  aquifer to aid the regulation of withdrawals from the pools.
  10-48        (g)  To accomplish the purposes of this article, by June 1,
  10-49  1994, the authority, through a program, shall implement and enforce
  10-50  water management practices, procedures, and methods to ensure that,
  10-51  not later than December 31, 2012, the continuous minimum spring
  10-52  flows of the Comal Springs and the San Marcos Springs are
  10-53  maintained to protect endangered and threatened species to the
  10-54  extent required by federal law.  The authority from time to time as
  10-55  appropriate may revise the practices, procedures, and methods.  To
  10-56  meet this requirement, the authority shall require:
  10-57              (1)  phased reductions in the amount of water that may
  10-58  be used or withdrawn by existing users or categories of other
  10-59  users; or
  10-60              (2)  implementation of alternative management
  10-61  practices, procedures, and methods.
  10-62        SECTION 1.16.  PERMIT REQUIRED.  (a)  The authority shall
  10-63  manage withdrawals from the aquifer and shall manage all withdrawal
  10-64  points from the aquifer as provided by this Act.
  10-65        (b)  Except as provided by Sections 1.18 and 1.34 of this
  10-66  article, a person may not withdraw water from the aquifer or begin
  10-67  construction of a well or other works designed for the withdrawal
  10-68  of water from the aquifer without obtaining a permit from the
  10-69  authority.
  10-70        (c)  The authority may issue regular permits, term permits,
   11-1  and emergency permits.
   11-2        (d)  Each permit must specify the maximum rate and total
   11-3  volume of water that the water user may withdraw in a calendar
   11-4  year.
   11-5        SECTION 1.17.  DECLARATIONS OF HISTORICAL USE; INITIAL
   11-6  REGULAR PERMITS.  (a)  An existing user may apply for an initial
   11-7  regular permit by filing a declaration of historical use of
   11-8  underground water withdrawn from the aquifer during the historical
   11-9  period from June 1, 1982, through May 31, 1993.
  11-10        (b)  An existing user's declaration of historical use must be
  11-11  filed on or before March 1, 1994, on a form prescribed by the
  11-12  board.  An applicant for a permit must timely pay all application
  11-13  fees required by the board.  An owner of a well used for irrigation
  11-14  must include additional documentation of the number of acres
  11-15  irrigated during the historical period provided by Subsection (a)
  11-16  of this section.
  11-17        (c)  An owner of a well from which the water will be used
  11-18  exclusively for domestic use or watering livestock and that is
  11-19  exempt under Section 1.34 of this article is not required to file a
  11-20  declaration of historical use.
  11-21        (d)  The board shall grant an initial regular permit to an
  11-22  existing user who:
  11-23              (1)  files a declaration and pays fees as required by
  11-24  this section; and
  11-25              (2)  establishes by convincing evidence beneficial use
  11-26  of underground water from the aquifer.
  11-27        (e)  To the extent water is available for permitting, the
  11-28  board shall issue the existing user a permit for withdrawal of an
  11-29  amount of water equal to the user's maximum beneficial use of water
  11-30  without waste during any one calendar year of the historical
  11-31  period.  If the total amount of water determined to have been
  11-32  beneficially used without waste under this subsection exceeds the
  11-33  amount of water available for permitting, the authority shall
  11-34  adjust the amount of water authorized for withdrawal under the
  11-35  permits proportionately to meet the amount available for
  11-36  permitting.  To the extent water is available for permitting:
  11-37              (1)  an existing irrigation user shall receive a permit
  11-38  for not less than two acre-feet a year for each  acre of land the
  11-39  user irrigated in any one year during the historical period; and
  11-40              (2)  an existing user who has operated a well for three
  11-41  or more years during the historical period shall receive a permit
  11-42  for at least the average amount of water withdrawn annually during
  11-43  the historical period.
  11-44        (f)  The board by rule shall consider the equitable treatment
  11-45  of a person whose historic use has been affected by a requirement
  11-46  of or participation in a federal program.
  11-47        (g)  The authority shall issue an initial regular permit
  11-48  without a term, and an initial regular permit remains in effect
  11-49  until the permit is abandoned, cancelled, or retired.
  11-50        (h)  The board shall notify each permit holder that the
  11-51  permit is subject to limitations as provided by this article.
  11-52        SECTION 1.18.  INTERIM AUTHORIZATION.  (a)  A person who, on
  11-53  the effective date of this article, owns a producing well that
  11-54  withdraws water from the aquifer may continue to withdraw and
  11-55  beneficially use water without waste until final action on permits
  11-56  by the authority, if:
  11-57              (1)  the well is in compliance with all statutes and
  11-58  rules relating to well construction, approval, location, spacing,
  11-59  and operation; and
  11-60              (2)  by March 1, 1994, the person files a declaration
  11-61  of historical use on a form as required by the authority.
  11-62        (b)  Use under interim authorization may not exceed on an
  11-63  annual basis the historical, maximum, beneficial use of water
  11-64  without waste during any one calendar year as evidenced by the
  11-65  person's declaration of historical use, unless that amount is
  11-66  otherwise determined by the authority.
  11-67        (c)  Use under this section is subject to the authority's
  11-68  comprehensive management plan and  rules adopted by the authority.
  11-69        (d)  Interim authorization for a well under this section ends
  11-70  on:
   12-1              (1)  entry of a final and appealable order by the
   12-2  authority acting on the application for  the well; or
   12-3              (2)  March 1, 1994, if the well owner has not filed a
   12-4  declaration of historical use.
   12-5        SECTION 1.19.  ADDITIONAL REGULAR PERMITS.  (a)  To the
   12-6  extent water is available for permitting after the issuance of
   12-7  permits to existing users, the authority may issue additional
   12-8  regular permits, subject to limits on the total amount of permitted
   12-9  withdrawals determined under  Section 1.15 of this article.
  12-10        (b)  The authority may not consider or take action on an
  12-11  application relating to a proposed or existing well of which there
  12-12  is no evidence of actual beneficial use before June 1, 1993, until
  12-13  a final determination has been made on all initial regular permit
  12-14  applications submitted on or before the initial application date of
  12-15  March 1, 1994.
  12-16        SECTION 1.20.  TERM PERMITS.  (a)  The authority may issue
  12-17  term permits for withdrawal for any period the authority considers
  12-18  feasible, but may not issue a term permit for a period of more than
  12-19  10 years.
  12-20        (b)  A holder of a term permit may not withdraw water from
  12-21  the San Antonio pool of the aquifer unless the level of the aquifer
  12-22  is higher than 665 feet above sea level, as measured at Well J-17.
  12-23        (c)  A holder of a term permit may not withdraw water from
  12-24  the Uvalde pool  of the aquifer unless the level of the aquifer is
  12-25  higher than 865 feet above sea level, as measured at Well J-27.
  12-26        SECTION 1.21.  EMERGENCY PERMITS.  (a)  Emergency permits may
  12-27  be issued only to prevent the loss of life or to prevent severe,
  12-28  imminent threats to the public health or safety.
  12-29        (b)  The term of an emergency permit may not exceed 30 days,
  12-30  unless renewed.
  12-31        (c)  The board may renew an emergency permit.
  12-32        (d)  The holder of an emergency permit may withdraw water
  12-33  from the aquifer without regard to its effect on other permit
  12-34  holders.
  12-35        SECTION 1.22.  PERMIT RETIREMENT.  (a)  The authority shall
  12-36  prepare and implement a plan for reducing, by January 1, 2008, the
  12-37  maximum annual volume of water authorized to be withdrawn from the
  12-38  aquifer under regular permits to 400,000 acre-feet a year or the
  12-39  adjusted amount determined under Subsection (d) of Section 1.15 of
  12-40  this article.
  12-41        (b)  The plan must be enforceable and must include water
  12-42  conservation and reuse measures, measures to retire water rights,
  12-43  and other water management measures designed to achieve the
  12-44  reduction levels or appropriate management of the resource.
  12-45        (c)  If, on or after January 1, 2008, the overall volume of
  12-46  water authorized to be withdrawn from the aquifer under regular
  12-47  permits is greater than 400,000 acre-feet a year or greater than
  12-48  the adjusted amount determined under Subsection (d) of Section 1.15
  12-49  of this article, the maximum authorized withdrawal of each regular
  12-50  permit shall be immediately reduced by an equal percentage as is
  12-51  necessary to reduce overall maximum demand to 400,000 acre-feet a
  12-52  year or the adjusted amount, as appropriate.  The amount reduced
  12-53  may be restored, in whole or in part, as other appropriate measures
  12-54  are implemented that maintain overall demand at or below the
  12-55  appropriate amount.
  12-56        SECTION 1.23.  ACQUISITION OF RIGHTS.  (a)  The authority may
  12-57  acquire permitted rights to use water from the aquifer for the
  12-58  purposes of:
  12-59              (1)  holding those rights in trust for sale or transfer
  12-60  of the water or the rights to persons within the authority's
  12-61  jurisdiction who may use water from the aquifer;
  12-62              (2)  holding those rights in trust as a means of
  12-63  managing overall demand on the aquifer;
  12-64              (3)  holding those rights for resale or retirement as a
  12-65  means of complying with pumping reduction requirements under this
  12-66  article; or
  12-67              (4)  retiring those rights, including those rights
  12-68  already permitted.
  12-69        (b)  The authority may acquire and hold permits or rights to
  12-70  appropriate surface water or groundwater from sources inside or
   13-1  outside of the authority's boundaries.
   13-2        (c)  Notwithstanding any other provisions of law, the
   13-3  authority's acquisition of permitted rights to use water from the
   13-4  aquifer is eligible for financial assistance from:
   13-5              (1)  the water supply account of the Texas Water
   13-6  Development Fund under Subchapter D, Chapter 17, Water Code;
   13-7              (2)  the water loan assistance fund under Subchapter C,
   13-8  Chapter 15, Water Code; and
   13-9              (3)  the revenue bond program under Subchapter I,
  13-10  Chapter 17, Water Code.
  13-11        SECTION 1.24.  CONSERVATION AND REUSE PLANS.  (a)  The
  13-12  authority shall require holders of regular permits and holders of
  13-13  term permits to submit water conservation plans and, if
  13-14  appropriate, reuse plans for review and approval by the authority.
  13-15  The board by rule shall  require a plan to be implemented after a
  13-16  reasonable time after a plan's approval.
  13-17        (b)  The board shall assist users in developing conservation
  13-18  or reuse plans.
  13-19        (c)  The authority biennially shall prepare and update
  13-20  enforceable and effective conservation and reuse plans as required
  13-21  by this article.  Not later than January 1 of each odd-numbered
  13-22  year the authority shall submit the plan to the legislature.
  13-23        SECTION 1.25.  LOANS AND GRANTS.  (a)  Notwithstanding any
  13-24  other provision of law, the authority is eligible as a lender
  13-25  district to receive loans from the Texas Water Development Board
  13-26  under the agricultural water conservation bond program under
  13-27  Subchapter J, Chapter 17, Water Code.
  13-28        (b)  The authority may apply for, request, solicit, contract
  13-29  for, receive, and accept gifts, grants, and other assistance from
  13-30  any source for the purposes of this article.
  13-31        (c)  The authority may issue grants or make loans to finance
  13-32  the purchase or installation of equipment or facilities.  If the
  13-33  authority issues a grant for a water conservation, reuse, or water
  13-34  management project, the authority may require the beneficiary to
  13-35  transfer to the authority permitted rights to aquifer water equal
  13-36  to a portion of the water conserved or made available by the
  13-37  project.
  13-38        SECTION 1.26.  COMPREHENSIVE MANAGEMENT PLAN.
  13-39  (a)  Consistent with Section 1.15 of this article, the authority
  13-40  shall develop, by September 1, 1995,  and implement a comprehensive
  13-41  water management plan that includes conservation, future supply,
  13-42  and demand management plans.  The authority may not delegate the
  13-43  development of the plan under Section 1.43 of this article.
  13-44        (b)  The authority, in conjunction with the Texas Water
  13-45  Development Board   and underground water conservation districts
  13-46  within the authority's boundaries, shall develop a 20-year plan for
  13-47  providing alternative supplies of water to the region, with
  13-48  five-year goals and objectives, to be implemented by the authority
  13-49  and reviewed annually by the appropriate federal agencies.  The
  13-50  authority, Texas Water Development Board, and districts, in
  13-51  developing the plan, shall:
  13-52              (1)  make a thorough investigation of all alternative
  13-53  technologies;
  13-54              (2)  provide for financial assistance for alternative
  13-55  supplies through the Texas Water Development Board; and
  13-56              (3)  perform a cost-benefit analysis and an
  13-57  environmental analysis.
  13-58        SECTION 1.27.  DEMAND MANAGEMENT PLAN.  The authority shall
  13-59  prepare and, after commission review, implement plans that provide
  13-60  for demand management.  The demand mechanisms must:
  13-61              (1)  distinguish between discretionary use and
  13-62  nondiscretionary use for each permittee;
  13-63              (2)  require reductions, to the maximum extent
  13-64  feasible, of all discretionary use; and
  13-65              (3)  require reduction of nondiscretionary use, to the
  13-66  extent further reductions are necessary, in the reverse order of
  13-67  the following water use preferences:
  13-68                    (A)  domestic and municipal;
  13-69                    (B)  industrial and irrigation;
  13-70                    (C)  recreational and pleasure; and
   14-1                    (D)  other uses that are authorized by law.
   14-2        SECTION 1.28.  RESEARCH.  (a)  The authority shall complete
   14-3  research on the technological feasibility of springflow enhancement
   14-4  and yield enhancement that, immediately before September 1, 1993,
   14-5  is being conducted by the Edwards Underground Water District.
   14-6        (b)  The authority may conduct research to help:
   14-7              (1)  manage water resources, including water
   14-8  conservation, water use and reuse, and drought management measures;
   14-9              (2)  enhance the recharge of and augment the flow into
  14-10  and out of the aquifer;
  14-11              (3)  develop alternative supplies of water for users;
  14-12  and
  14-13              (4)  monitor and protect water quality.
  14-14        (c)  The authority may contract with other persons to conduct
  14-15  research.
  14-16        SECTION 1.29.  TAX; BONDS.  (a)  The authority may not levy a
  14-17  property tax.
  14-18        (b)  The authority may issue revenue bonds to finance the
  14-19  purchase of land or the purchase, construction, or installation of
  14-20  facilities or equipment for:
  14-21              (1)  water conservation, water reuse, or other water
  14-22  management measures by water users; or
  14-23              (2)  development, storage, pumping, treatment,
  14-24  transportation, or wholesale distribution of groundwater or surface
  14-25  water for use within the authority from sources within or outside
  14-26  the boundaries of the authority, except that the authority may not
  14-27  construct, acquire, or own facilities for transporting groundwater
  14-28  out of Uvalde County or Medina County.
  14-29        (c)  Revenue bond proceeds may be used:
  14-30              (1)  for springflow augmentation or alternative water
  14-31  supplies;
  14-32              (2)  to finance the retirement of water rights; and
  14-33              (3)  for financial assistance for research or
  14-34  conservation under this article.
  14-35        (d)  Revenue bond proceeds may not be used for maintenance or
  14-36  operating expenses.
  14-37        (e)  Bonds issued by the authority are subject to review and
  14-38  approval of the attorney general and the commission.  If the
  14-39  attorney general finds that the bonds have been authorized in
  14-40  accordance with the law, the attorney general shall approve them,
  14-41  and the comptroller of public accounts shall register the bonds.
  14-42  Following approval and registration, the bonds are incontestable
  14-43  and are binding obligations according to their terms.
  14-44        (f)  The board may organize proceeds of the bonds into funds
  14-45  and accounts and may invest the proceeds as the board determines is
  14-46  appropriate.
  14-47        SECTION 1.30.  FEES.  (a)  The cost of reducing withdrawals
  14-48  or permit retirements must be borne:
  14-49              (1)  solely by users of the aquifer for reducing
  14-50  withdrawals from the level on the effective date of this article to
  14-51  450,000 acre-feet a year, or the adjusted amount determined under
  14-52  Subsection (d) of Section 1.15 of this article for the period
  14-53  ending December 31, 2007; and
  14-54              (2)  equally by aquifer users and downstream water
  14-55  rights holders for permit retirements from 450,000 acre-feet a
  14-56  year, or the adjusted amount determined under Subsection (d) of
  14-57  Section 1.15 of this article for the period ending December 31,
  14-58  2007, to 400,000 acre-feet a year, or the adjusted amount
  14-59  determined under Subsection (d) of Section 1.15 of this article,
  14-60  for the period beginning January 1, 2008.
  14-61        (b)  The authority shall assess equitable aquifer management
  14-62  fees based on permitted aquifer rights to finance its
  14-63  administrative expenses and programs authorized under this article.
  14-64        (c)  The authority shall also assess an equitable special fee
  14-65  based on permitted aquifer water rights to be used only to finance
  14-66  the retirement of rights necessary to meet the goals provided by
  14-67  Section 1.22 of this article.  The authority shall set the
  14-68  equitable special fees on permitted aquifer users at a level
  14-69  sufficient to match the funds raised from the assessment of
  14-70  equitable special fees on downstream water rights holders.
   15-1        (d)  The commission shall assess equitable special fees on
   15-2  all downstream water rights holders in the Guadalupe River Basin to
   15-3  be used solely to finance the retirement of aquifer rights
   15-4  necessary to meet the goals provided by Section 1.22 of this
   15-5  article.  Fees assessed under this subsection may not exceed
   15-6  one-half of the cost of permit retirements from 450,000 acre-feet a
   15-7  year,  or the adjusted amount determined under Subsection (d) of
   15-8  Section 1.15 of this article, for the period ending December 31,
   15-9  2007, to 400,000 acre-feet a year, or the adjusted amount
  15-10  determined under Subsection (d) of Section 1.15 of this article,
  15-11  for the period beginning January 1, 2008.  The authority shall
  15-12  report to the commission the estimated costs of the retirements.
  15-13  The amount of fees assessed under this subsection shall be
  15-14  determined in accordance with rules adopted by the commission for
  15-15  fees under the South Texas watermaster program.  A downstream water
  15-16  rights holder shall pay fees assessed under this subsection to the
  15-17  authority.  A fee may not be assessed by the commission under this
  15-18  subsection on contractual deliveries of water stored in Canyon Lake
  15-19  that may be diverted downstream of the San Marcos Springs or Canyon
  15-20  Dam.  A person or entity making a contractual sale of water stored
  15-21  upstream of Canyon Dam may not establish a systemwide rate that
  15-22  requires purchasers of upstream-stored water to pay the special fee
  15-23  assessed under this subsection.  The commission may not assess a
  15-24  fee under this subsection on hydroelectric use of water by the
  15-25  following dams:
  15-26              (1)  City of Gonzales Dam;
  15-27              (2)  City of Seguin Dam;
  15-28              (3)  New Braunfels Utilities Dam;
  15-29              (4)  Dam No. TP-1;
  15-30              (5)  Dam No. TP-3;
  15-31              (6)  Dam No. TP-4;
  15-32              (7)  Dam No. TP-5;
  15-33              (8)  Dam No. H-4; or
  15-34              (9)  Dam No. H-5.
  15-35        (e)  In developing an equitable fee structure under this
  15-36  section, the authority may establish different fee rates on a per
  15-37  acre-foot basis for different types of use.  The fees must be
  15-38  equitable between types of uses.  The fee rate for agricultural use
  15-39  may not be more than 20 percent of the fee rate for municipal use.
  15-40  The authority shall assess the fees on the amount of water a permit
  15-41  holder is authorized to withdraw under the permit.
  15-42        (f)  The authority shall impose a permit application fee not
  15-43  to exceed $25.
  15-44        (g)  The authority may assess a surcharge fee to be imposed
  15-45  on a permittee's withdrawal of water in excess of permitted
  15-46  amounts.
  15-47        (h)  The authority may impose a registration application fee
  15-48  not to exceed $10.
  15-49        (i)  Special fees collected under Subsection (c) or (d) of
  15-50  this section may not be used to finance a surface water supply
  15-51  reservoir project.
  15-52        SECTION 1.31.  RIVER DIVERSIONS.  (a)  The commission may
  15-53  issue to an applicant a special permit to divert water from the
  15-54  Guadalupe River from a diversion point on the river downstream of
  15-55  the point where the river emerges as a spring.
  15-56        (b)  A permit issued to a person under this section must
  15-57  condition the diversion of water from the Guadalupe River on a
  15-58  limitation of withdrawals under the person's permit to withdraw
  15-59  water from the aquifer.
  15-60        (c)  A permit issued under this section must provide that the
  15-61  permit holder may divert water from the Guadalupe River only if:
  15-62              (1)  the diversion is made instead of a withdrawal from
  15-63  the aquifer to enhance the yield of the aquifer; and
  15-64              (2)  the diversion does not impair senior water rights
  15-65  or vested riparian rights.
  15-66        (d)  A permit issued in accordance with this section is
  15-67  subordinate to permitted water rights for which applications were
  15-68  submitted before May 31, 1993, and vested riparian rights.
  15-69        (e)  Sections 11.028 and 11.033, Water Code, do not apply to
  15-70  a permit issued under this section.
   16-1        SECTION 1.32.  MEASURING DEVICES.  (a)  The owner of a
   16-2  nonexempt well that withdraws water from the aquifer shall install
   16-3  and maintain a measuring device approved by the authority designed
   16-4  to indicate the flow rate and cumulative amount of water withdrawn
   16-5  by that well.  This requirement may be waived by the authority on
   16-6  written request by a well owner to use an alternative method of
   16-7  determining the amount of water withdrawn.
   16-8        (b)  The authority is responsible for the costs of installing
   16-9  and maintaining measuring devices, if required, for an irrigation
  16-10  well in existence on the effective date of this article.
  16-11        SECTION 1.33.  REPORTS.  Not later than March 1 of each year,
  16-12  and on a form prescribed by the authority, each holder of a permit
  16-13  shall file with the authority a written report of water use for the
  16-14  preceding calendar year.
  16-15        SECTION 1.34.  WELL PERMIT EXEMPTION.  (a)  A well that
  16-16  produces 25,000 gallons of water a day or less for domestic use or
  16-17  for the open-range watering of livestock connected with farming,
  16-18  ranching, or dairy enterprises is exempt from permitting
  16-19  requirements.
  16-20        (b)  Exempt wells must register with the authority or with an
  16-21  underground water conservation district in which the well is
  16-22  located.
  16-23        (c)  A well within or serving a subdivision requiring
  16-24  platting does not qualify for an exempt use.
  16-25        (d)  Except as provided by Subsection (b) of this section,
  16-26  land sold within the authority's boundaries retains the
  16-27  authorization to withdraw water in accordance with permits obtained
  16-28  under this article.
  16-29        SECTION 1.35.  TRANSFER OF RIGHTS.  (a)  Water withdrawn from
  16-30  the aquifer must be used within the boundaries of the authority.
  16-31        (b)  A permit holder may sell permitted water rights only to
  16-32  the authority, but a holder of a permit for irrigation use may not
  16-33  sell more than 50 percent of the irrigation rights initially
  16-34  permitted.  The user's remaining irrigation water rights must be
  16-35  used in accordance with the original permit and must pass with
  16-36  transfer of the irrigated land, except as provided by rules of the
  16-37  board.
  16-38        (c)  The authority may purchase permitted water rights and:
  16-39              (1)  sell those rights to other permit holders;
  16-40              (2)  sell water withdrawn under those rights to other
  16-41  permit holders;
  16-42              (3)  hold the water in trust for future beneficial use
  16-43  within the authority's boundaries; or
  16-44              (4)  retire those rights.
  16-45        SECTION 1.36.  PROHIBITIONS.  (a)  A person may not withdraw
  16-46  water from the aquifer except as authorized by a permit issued by
  16-47  the authority or by this article.
  16-48        (b)  A person holding a permit issued by the authority may
  16-49  not violate the terms or conditions of the permit.
  16-50        (c)  A person may not waste water withdrawn from the aquifer.
  16-51        (d)  A person may not pollute or contribute to the pollution
  16-52  of the aquifer.
  16-53        (e)  A person may not violate this article or a rule of the
  16-54  authority adopted under this article.
  16-55        SECTION 1.37.  ENFORCEMENT.  (a)  The authority may enter
  16-56  orders to enforce the terms and conditions of permits, orders, or
  16-57  rules issued or adopted under this article.
  16-58        (b)  The authority by rule shall provide for the suspension
  16-59  of a permit of any class for a failure to pay a required fee or a
  16-60  violation of a permit condition or order of the authority or a rule
  16-61  adopted by the authority.
  16-62        SECTION 1.38.  ADMINISTRATIVE PENALTY.  (a)  The authority
  16-63  may assess an administrative penalty against a person who violates
  16-64  this article or a rule adopted or permit or order issued under this
  16-65  article in an amount of not less than $100 or more than $1,000 for
  16-66  each violation and for each day of a continuing violation.
  16-67        (b)  In determining the amount of the penalty, the authority
  16-68  shall consider:
  16-69              (1)  the history of previous violations;
  16-70              (2)  the amount necessary to deter future violations;
   17-1              (3)  efforts to correct the violation;
   17-2              (4)  enforcement costs relating to the violation; and
   17-3              (5)  any other matters that justice may require.
   17-4        (c)  If after an examination of the facts the authority
   17-5  concludes that the person did commit a violation, the authority may
   17-6  issue a preliminary report stating the facts on which it based its
   17-7  conclusion, recommending that an administrative penalty under this
   17-8  section be imposed, and recommending the amount of the proposed
   17-9  penalty.
  17-10        (d)  The authority shall give written notice of the report to
  17-11  the person charged with committing the violation.  The notice must
  17-12  include a brief summary of the facts, a statement of the amount of
  17-13  the recommended penalty, and a statement of the person's right to
  17-14  an informal review of the occurrence of the violation, the amount
  17-15  of the penalty, or both.
  17-16        (e)  Not later than the 10th day after the date on which the
  17-17  person charged with committing the violation receives the notice,
  17-18  the person may either give the authority written consent to the
  17-19  report, including the recommended penalty, or make a written
  17-20  request for an informal review by the authority.
  17-21        (f)  If the person charged with committing the violation
  17-22  consents to the penalty recommended by the authority or fails to
  17-23  timely request an informal review, the authority shall assess the
  17-24  penalty.  The authority shall give the person written notice of its
  17-25  action.  The person shall pay the penalty not later than the 30th
  17-26  day after the date on which the person receives the notice.
  17-27        (g)  If the person charged with committing a violation
  17-28  requests an informal review as provided by Subsection (e) of this
  17-29  section, the authority shall conduct the review.  The authority
  17-30  shall give the person written notice of the results of the review.
  17-31        (h)  Not later than the 10th day after the date on which the
  17-32  person charged with committing the violation receives the notice
  17-33  prescribed by Subsection (g) of this section, the person may make
  17-34  to the authority a written request for a hearing.
  17-35        (i)  If, after informal review, a person who has been ordered
  17-36  to pay a penalty fails to request a formal hearing in a timely
  17-37  manner, the authority shall assess the penalty.  The authority
  17-38  shall give the person written notice of its action.  The person
  17-39  shall pay the penalty not later than the 30th day after the date on
  17-40  which the person receives the notice.
  17-41        (j)  Except as provided by Subsection (k) of this section,
  17-42  not later than the 30th day after the date on which the authority
  17-43  issues a final decision after a hearing under Subsection (h) of
  17-44  this section, a person who has been ordered to pay a penalty under
  17-45  this section shall pay the penalty in full.
  17-46        (k)  If the person seeks judicial review of either the fact
  17-47  of the occurrence of the violation or the amount of the penalty, or
  17-48  of both, the person shall send the amount of the penalty to the
  17-49  authority for placement in an escrow account or post with the
  17-50  authority a supersedeas bond in a form approved by the authority
  17-51  for the amount of the penalty.  The bond must be effective until
  17-52  all judicial review of the order or decision is final.
  17-53        (l)  Failure to forward the money to or to post the bond with
  17-54  the authority within the period provided by Subsection (j) or (k)
  17-55  of this section results in a waiver of all legal rights to judicial
  17-56  review.  If the person charged fails to forward the money or post
  17-57  the bond within the period provided by Subsection (f), (i), (j), or
  17-58  (k) of this section, the authority may forward the matter to the
  17-59  attorney general for enforcement of the penalty and interest as
  17-60  provided by law for legal judgments.  An action to enforce a
  17-61  penalty order under this section must be initiated in a court of
  17-62  competent jurisdiction in Travis County or in the county in which
  17-63  the violation occurred.  The authority or the attorney general may
  17-64  recover attorney fees in a suit filed under this subsection.
  17-65        (m)  Judicial review of an authority order or review under
  17-66  this section assessing a penalty is under the substantial evidence
  17-67  rule.  A suit may be initiated by filing a petition with a district
  17-68  court in Travis County.
  17-69        (n)  If a penalty is reduced or not assessed, the authority
  17-70  shall remit to the person the appropriate amount plus accrued
   18-1  interest if the penalty has been paid or shall execute a release of
   18-2  the bond if a supersedeas bond has been posted.  The accrued
   18-3  interest on amounts remitted by the authority under this subsection
   18-4  shall be paid at a rate equal to the rate provided by law for legal
   18-5  judgments and shall be paid for the period beginning on the date
   18-6  the penalty is paid to the authority under this section and ending
   18-7  on the date the penalty is remitted.
   18-8        (o)  A penalty collected under this section shall be paid to
   18-9  the authority.
  18-10        SECTION 1.39.  INJUNCTION BY AUTHORITY.  The authority may
  18-11  file a civil suit in a state district court for an injunction to
  18-12  enforce this article or a rule adopted or permit or order issued
  18-13  under this article.  If the court determines that a person has
  18-14  violated or threatens to violate this article or a rule adopted or
  18-15  permit or order issued under this article, the court may enter an
  18-16  injunction to enforce this article or the permit, order, or rule.
  18-17  The authority may recover reasonable attorney fees in a suit under
  18-18  this section.
  18-19        SECTION 1.40.  SUIT FOR MANDAMUS.  The commission may file a
  18-20  civil suit for an order of mandamus against the authority to compel
  18-21  the authority to perform its duties under this article or to compel
  18-22  the authority to enforce this article against a violator.  The
  18-23  commission may recover attorney fees from the authority in a suit
  18-24  under this section.
  18-25        SECTION 1.41.  CIVIL PENALTY.  (a)  The commission or
  18-26  authority may file a civil action in state district court for a
  18-27  civil penalty for a violation of this article or a rule adopted or
  18-28  permit or order issued under this article.
  18-29        (b)  The commission or authority may recover a civil penalty
  18-30  of not less than $100 or more than $10,000 for each violation and
  18-31  for each day of violation and attorney fees.
  18-32        (c)  A civil penalty or attorney fees collected by the
  18-33  authority under this section shall be paid to the authority.
  18-34        (d)  A civil penalty or attorney fees collected by the
  18-35  commission under this section shall be deposited to the credit of
  18-36  the general revenue fund.
  18-37        SECTION 1.42.  REPEALER; TRANSFERS; RULES.  (a)  Chapter 99,
  18-38  Acts of the 56th Legislature, Regular Session, 1959 (Article
  18-39  8280-219, Vernon's Texas Civil Statutes), is repealed, and the
  18-40  Edwards Underground Water District is abolished.
  18-41        (b)  All files and records of the Edwards Underground Water
  18-42  District pertaining to control, management, and operation of the
  18-43  district are transferred from the Edwards Underground Water
  18-44  District to the authority on the effective date of this article.
  18-45        (c)  All real and personal property, leases, rights,
  18-46  contracts, staff, and obligations of the Edwards Underground Water
  18-47  District are transferred to the authority on the effective date of
  18-48  this article.
  18-49        (d)  On September 1, 1993, all unobligated and unexpended
  18-50  funds of the Edwards Underground Water District shall be
  18-51  transferred to the authority.
  18-52        (e)  A rule adopted by the Edwards Underground Water District
  18-53  before the effective date of this article that relates to
  18-54  management or control of the aquifer is, on the effective date of
  18-55  this article, a rule of the  authority and remains in effect until
  18-56  amended or repealed by the authority.
  18-57        (f)  The authority shall be automatically substituted for the
  18-58  Edwards Underground Water District in any judicial or
  18-59  administrative proceeding to which, on the effective date of this
  18-60  article, the Edwards Underground Water District is a party.
  18-61        SECTION 1.43.  EFFECT ON OTHER DISTRICTS.  (a)  An
  18-62  underground water conservation district other than the authority
  18-63  may manage and control water that is a part of the aquifer after
  18-64  the effective date of this article only as provided in this
  18-65  section.  This article does not affect a water reclamation or
  18-66  conservation district that manages and controls only water from a
  18-67  resource other than the aquifer.
  18-68        (b)  An underground water conservation district other than
  18-69  the authority may manage and control water that is a part of the
  18-70  aquifer to the extent that those management activities do not
   19-1  conflict with and are not duplicative of this article or the rules
   19-2  and orders of the authority.
   19-3        (c)  Except as otherwise provided by this article, the board
   19-4  may delegate the powers and duties granted to it under this
   19-5  article.  The board shall delegate all or part of its powers or
   19-6  duties to an underground water conservation district on the
   19-7  district's request if the district demonstrates to the satisfaction
   19-8  of the board that:
   19-9              (1)  the district has statutory powers necessary for
  19-10  full enforcement of the rules and orders to be delegated;
  19-11              (2)  the district has implemented all rules and
  19-12  policies necessary to fully implement the programs to be delegated;
  19-13  and
  19-14              (3)  the district has implemented a system designed to
  19-15  provide the authority with adequate information with which to
  19-16  monitor the adequacy of the district's performance in enforcing
  19-17  board rules and orders.
  19-18        (d)  In making the determination under Subsection (c) of this
  19-19  section, the board may consider the district's past performance and
  19-20  experience in enforcing powers and duties delegated to it by the
  19-21  board.  The board may deny a request for delegation of powers or
  19-22  duties by a district if the district has previously had a
  19-23  delegation terminated under Subsection (e) of this section.
  19-24        (e)  If the authority determines that a district has failed
  19-25  adequately to enforce or implement any rules or orders delegated
  19-26  under this section, the authority immediately shall provide to the
  19-27  district notice that sets forth the reasons for its determination
  19-28  and the actions that the district must take to retain the delegated
  19-29  authority.  Not later than the 10th day after the date the notice
  19-30  is given, the district must demonstrate its commitment and ability
  19-31  to take the actions set forth in the notice.  If, at the end of the
  19-32  10-day period, the authority does not find that the district will
  19-33  adequately enforce its rules and orders, the authority immediately
  19-34  shall resume full responsibility for implementation and enforcement
  19-35  of those rules and orders.  The authority shall provide to the
  19-36  district notice that the delegation of authority to it has been
  19-37  terminated.  After the termination notice is given, the authority
  19-38  of the district to manage or control water in the aquifer is
  19-39  limited to the authority granted by Subsection (b) of this section.
  19-40        SECTION 1.44.  CREATION OF UNDERGROUND WATER CONSERVATION
  19-41  DISTRICT.  An underground water conservation district may be
  19-42  created in any county affected by this article as provided by
  19-43  Subchapter B, Chapter 52, Water Code.
  19-44                               ARTICLE 2
  19-45        SECTION 2.01.  DEFINITION.  In this article, "district" means
  19-46  the Uvalde County Underground Water Conservation District.
  19-47        SECTION 2.02.  VALIDATION.  The creation of the district and
  19-48  all resolutions, orders, and other acts or attempted acts of the
  19-49  board of directors of the district are validated in all respects.
  19-50  The creation of the district and all resolutions, orders, and other
  19-51  acts or attempted acts of the board of directors of the district
  19-52  are valid as though they originally had been legally authorized or
  19-53  accomplished.
  19-54        SECTION 2.03.  BOUNDARIES.  Pursuant to the petition to the
  19-55  Commissioners Court of Uvalde County, Texas, requesting the
  19-56  creation of the district, the district includes the territory
  19-57  contained within the boundaries of Uvalde County.
  19-58        SECTION 2.04.  FINDING OF BENEFIT.  All the land and other
  19-59  property included within the boundaries of the district will be
  19-60  benefitted by the validation of the district.
  19-61        SECTION 2.05.  POWERS.  (a)  The district has all of the
  19-62  rights, powers, privileges, authority, functions, and duties
  19-63  provided by the general law of the state, including Chapters 50 and
  19-64  52, Water Code, applicable to underground water conservation
  19-65  districts created under Article XVI, Section 59, of the Texas
  19-66  Constitution.  This article prevails over any provision of general
  19-67  law that is in conflict or inconsistent with this article.
  19-68        (b)  The district may develop and implement a drought
  19-69  response plan, with reasonable rules, using water levels as
  19-70  observed in the Uvalde Index Well YP-69-50-302.
   20-1        (c)  The rights, powers, privileges, authority, functions,
   20-2  and duties of the district are subject to the continuing right of
   20-3  supervision of the state to be exercised by and through the Texas
   20-4  Water Commission.
   20-5        SECTION 2.06.  LEVY OF TAXES.  The levy and collection of
   20-6  taxes by the district is governed by Subchapter H, Chapter 52,
   20-7  Water Code, except that the district may not levy a maintenance and
   20-8  operating tax at a rate that exceeds two cents per $100 assessed
   20-9  valuation unless an election held in the district authorizes a
  20-10  higher rate.
  20-11        SECTION 2.07.  PENDING LITIGATION.  This article does not
  20-12  apply to or affect litigation pending on the effective date of this
  20-13  article in any court of competent jurisdiction in this state to
  20-14  which the district is a party.
  20-15                               ARTICLE 3
  20-16        SECTION 3.01.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
  20-17  (a)  The proper and legal notice of the intention to introduce this
  20-18  Act, setting forth the general substance of this Act, has been
  20-19  published as provided by law, and the notice and a copy of this Act
  20-20  have been furnished to all persons, agencies, officials, or
  20-21  entities to which they are required to be furnished by the
  20-22  constitution and other laws of this state, including the governor,
  20-23  who has submitted the notice and Act to the Texas Water Commission.
  20-24        (b)  The Texas Water Commission has filed its recommendations
  20-25  relating to this Act with the governor, lieutenant governor, and
  20-26  speaker of the house of representatives within the required time.
  20-27        (c)  All requirements of the constitution and laws of this
  20-28  state and the rules and procedures of the legislature with respect
  20-29  to the notice, introduction, and passage of this Act are fulfilled
  20-30  and accomplished.
  20-31        SECTION 3.02.  EFFECTIVE DATES.  This Act takes effect
  20-32  September 1, 1993; except Section 1.36 of Article 1 takes effect
  20-33  March 1, 1994.
  20-34        SECTION 3.03.  EMERGENCY.  The importance of this legislation
  20-35  and the crowded condition of the calendars in both houses create an
  20-36  emergency and an imperative public necessity that the
  20-37  constitutional rule requiring bills to be read on three several
  20-38  days in each house be suspended, and this rule is hereby suspended.
  20-39                               * * * * *
  20-40                                                         Austin,
  20-41  Texas
  20-42                                                         May 7, 1993
  20-43  Hon. Bob Bullock
  20-44  President of the Senate
  20-45  Sir:
  20-46  We, your Committee on Natural Resources to which was referred S.B.
  20-47  No. 1477, have had the same under consideration, and I am
  20-48  instructed to report it back to the Senate with the recommendation
  20-49  that it do not pass, but that the Committee Substitute adopted in
  20-50  lieu thereof do pass and be printed.
  20-51                                                         Sims,
  20-52  Chairman
  20-53                               * * * * *
  20-54                               WITNESSES
  20-55                                                  FOR   AGAINST  ON
  20-56  ___________________________________________________________________
  20-57  Name:  Cliff Morton                              x
  20-58  Representing:  S.A. Water System
  20-59  City:  San Antonio
  20-60  -------------------------------------------------------------------
  20-61  Name:  Russell Johnson                           x
  20-62  Representing:  S.A. Water System
  20-63  City:  San Antonio
  20-64  -------------------------------------------------------------------
  20-65  Name:  Joe Aceves                                x
  20-66  Representing:  S.A. Water System
  20-67  City:  San Antonio
  20-68  -------------------------------------------------------------------
  20-69  Name:  Billy G. Moore                            x
  20-70  Representing:  City of San Antonio
   21-1  City:  San Antonio
   21-2  -------------------------------------------------------------------
   21-3  Name:  Carol Patterson                                   x
   21-4  Representing:  Self
   21-5  City:  San Antonio
   21-6  -------------------------------------------------------------------
   21-7  Name:  Tommy Knowles                                           x
   21-8  Representing:  Tx Water Develop Board
   21-9  City:  Austin
  21-10  -------------------------------------------------------------------
  21-11  Name:  Curtis Lytle                                      x
  21-12  Representing:  Uvalde Co. Water Conservation
  21-13  City:  Uvalde
  21-14  -------------------------------------------------------------------
  21-15  Name:  Danny McFadin                                     x
  21-16  Representing:  Uvalde County Farm Bureau
  21-17  City:  Knippa
  21-18  -------------------------------------------------------------------
  21-19  Name:  Dan Byfield                                       x
  21-20  Representing:  Tx Farm Bureau
  21-21  City:  Austin
  21-22  -------------------------------------------------------------------
  21-23  Name:  Clifton Stacy                                           x
  21-24  Representing:  Evergreen UWC Dist.
  21-25  City:  Pearsall
  21-26  -------------------------------------------------------------------
  21-27  Name:  John Fritz                                x
  21-28  Representing:  Guadalupe Valley Electric
  21-29  City:  Gonzales
  21-30  -------------------------------------------------------------------
  21-31  Name:  Doug Miller                               x
  21-32  Representing:  New Braunfels
  21-33  City:  New Braunfels
  21-34  -------------------------------------------------------------------
  21-35  Name:  Robert Keith                              x
  21-36  Representing:  I.W.U.A.
  21-37  City:  Victoria
  21-38  -------------------------------------------------------------------
  21-39  Name:  Raymond Buck, Jr.                                       x
  21-40  Representing:  Springhills Water MGMT. Dist.
  21-41  City:  Bandera
  21-42  -------------------------------------------------------------------
  21-43  Name:  David Sebre                               x
  21-44  Representing:  Dupont
  21-45  City:  Austin
  21-46  -------------------------------------------------------------------
  21-47  Name:  David Davenport                           x
  21-48  Representing:  Canyon Regional Water Auth.
  21-49  City:  New Braunfels
  21-50  -------------------------------------------------------------------
  21-51                                                  FOR   AGAINST  ON
  21-52  ___________________________________________________________________
  21-53  Name:  Henry Briscoe                                     x
  21-54  Representing:  Medina County Underground
  21-55  City:  Devine
  21-56  -------------------------------------------------------------------
  21-57  Name:  Oliver Martin                                     x
  21-58  Representing:  Medina Co. Underground Water
  21-59  City:  Hondo
  21-60  -------------------------------------------------------------------
  21-61  Name:  Luana Buckner                                     x
  21-62  Representing:  Medina Co. UWD
  21-63  City:  Hondo
  21-64  -------------------------------------------------------------------
  21-65  Name:  Rodney Reagan                                     x
  21-66  Representing:  Uvalde Co. UWC
  21-67  City:  Uvalde
  21-68  -------------------------------------------------------------------
  21-69  Name:  Henry Keller
  21-70  Representing:  Medina Co. Water Conservation
   22-1  City:  Castroville
   22-2  -------------------------------------------------------------------
   22-3  Name:  Benjamin Harrison                                 x
   22-4  Representing:
   22-5  City:  San Antonio
   22-6  -------------------------------------------------------------------
   22-7  Name:  Lawrence Friesenhahn                              x
   22-8  Representing:  Self
   22-9  City:  Knippa
  22-10  -------------------------------------------------------------------
  22-11  Name:  Virginia Friesenhahn                              x
  22-12  Representing:  Self
  22-13  City:  Knippa
  22-14  -------------------------------------------------------------------
  22-15  Name:  David Walker                              x
  22-16  Representing:  City of Cibolo
  22-17  City:  Schertz
  22-18  -------------------------------------------------------------------
  22-19  Name:  Dorothy Mills                             x
  22-20  Representing:  Green Valley Special Utility
  22-21  City:  Marion
  22-22  -------------------------------------------------------------------
  22-23  Name:  Mary Briscoe                                      x
  22-24  Representing:
  22-25  City:  Devine
  22-26  -------------------------------------------------------------------
  22-27  Name:  Carl Muecke, Jr.                                  x
  22-28  Representing:
  22-29  City:  Knippa
  22-30  -------------------------------------------------------------------
  22-31  Name:  Thomas Culbertson                                 x
  22-32  Representing:  Regional Clean Air & Water
  22-33  City:  San Antonio
  22-34  -------------------------------------------------------------------
  22-35  Name:  Ann Walker                                        x
  22-36  Representing:  Tx ARGI Women
  22-37  City:  Uvalde
  22-38  -------------------------------------------------------------------
  22-39  Name:  Tommy Walker                                      x
  22-40  Representing:
  22-41  City:  Uvalde
  22-42  -------------------------------------------------------------------
  22-43  Name:  Albert Strzelczyk, Jr.                    x
  22-44  Representing:  E. Central Water Supply Corp
  22-45  City:  St. Hedwig
  22-46  -------------------------------------------------------------------
  22-47  Name:  Kay Turner                                        x
  22-48  Representing:  Regional Clean Air & Water
  22-49  City:  San Antonio
  22-50  -------------------------------------------------------------------
  22-51                                                  FOR   AGAINST  ON
  22-52  ___________________________________________________________________
  22-53  Name:  Hans Helland                                      x
  22-54  Representing:  Self
  22-55  City:  San Antonio
  22-56  -------------------------------------------------------------------
  22-57  Name:  Jeff Barton                               x
  22-58  Representing:  Hays County
  22-59  City:  Kyle
  22-60  -------------------------------------------------------------------
  22-61  Name:  Mark Riser                                        x
  22-62  Representing:  Brush Country Water Dist.
  22-63  City:  George West
  22-64  -------------------------------------------------------------------
  22-65  Name:  Lonnie Stewart                                    x
  22-66  Representing:  Brush Country UWCD
  22-67  City:  George West
  22-68  -------------------------------------------------------------------
  22-69  Name:  Keith Pate                                        x
  22-70  Representing:  Evergreen U.W.C.D.
   23-1  City:  Jourdanton
   23-2  -------------------------------------------------------------------
   23-3  Name:  Arthur Postel                                     x
   23-4  Representing:
   23-5  City:  San Antonio
   23-6  -------------------------------------------------------------------