H.B. No. 4762
AN ACT
relating to the territory of and the validation of certain
governmental acts and proceedings of the Edwards Aquifer Authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.04, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, is amended to read as follows:
Sec. 1.04. BOUNDARIES. The authority includes the
territory contained within the following area:
(1) all of the areas of Bexar, Medina, and Uvalde
counties;
(2) all of the area of Comal County, except that
portion of the county that lies North of the North line through the
county of Subdivision No. 1 of the Underground Water Reservoir in
the Edwards Limestone, Balcones escarpment area, as defined by the
order of the Board of Water Engineers dated January 10, 1957;
(3) the part of Caldwell County beginning with the
intersection of Hays County Road 266 and the San Marcos River;
THENCE southeast along the San Marcos River to the point of
intersection of Caldwell, Guadalupe, and Gonzales counties;
THENCE southeast along the Caldwell-Gonzales County line to
its intersection with U.S. Highway 183;
THENCE north along U.S. Highway 183 to its intersection with
State Highway 21;
THENCE southwest along State Highway 21 to its intersection
with Hays County Road 266;
THENCE southwest along Hays County Road 266 to the place of
beginning;
(4) the part of Hays County beginning on the northwest
line of the R. B. Moore Survey, Abstract 412, in Comal County where
it crosses the Comal County-Hays County line northeast along the
northwest line of said Survey to the northeast corner of said Survey
in Hays County, Texas;
THENCE southeast in Hays County, Texas across the Jas.
Deloach Survey, Abstract 878, to the most westerly northwest corner
of the Presidio Irrigation Co. Survey, Abstract 583;
THENCE northeast along the northwest line of said Survey to
its most northerly northwest corner;
THENCE continuing in the same line across the R.S. Clayton
Survey 2, Block 742, to the west line of the H. & G. N. RR. Co.
Survey 1, Abstract 668;
THENCE north along the west line of said Survey to its
northwest corner; THENCE east along the north line of said Survey to
its northeast corner;
THENCE northeast across the David Wilson Survey 83, Abstract
476, to the southeast corner of the F. W. Robertson Survey 71,
Abstract 385;
THENCE north along the east line of said Survey to the
southwest corner of the Benjamin Weed Survey 72, Abstract 483;
THENCE east along the south line of said Survey to its
southeast corner;
THENCE northeast across the William Gray Survey 73, Abstract
92, and the Murray Bailey Survey 75, Abstract 42, to the southwest
corner of the D.Holderman Survey 33, Abstract 225;
THENCE north along the west line of said Survey to its
northwest corner;
THENCE continuing in the same line to the north line of the
Day Land & Cattle Co. Survey 672;
THENCE west along said north line of said Survey to its
northwest corner, which is in the east line of the Jesse Williams
Survey 4 to the northeast corner of said Survey;
THENCE west along the north line of said Survey to the
Southwest corner of the Amos Singleton Survey 106, Abstract 410;
THENCE north along the west lines of said Amos Singleton
Survey 106 and the Watkins Nobles Survey 107, Abstract 346, to the
northwest corner of said Watkins Nobles Survey 107;
THENCE east along the north line of said Survey to the
southwest corner of the Jesusa Perez Survey 14, Abstract 363;
THENCE north along the west line of said Jesusa Perez Survey
14 to its northwest corner;
THENCE east along the north line of said Survey to its
northeast corner;
THENCE, south along the east line of said Survey for a
distance of approximately 10,000 feet to its intersection with
Ranch Road 150;
THENCE, east by southeast along Ranch Road 150 approximately
24,500 feet to its intersection with the southern boundary line of
the Andrew Dunn Survey 9, Abstract 4;
THENCE, east along the south line of said survey as it extends
and becomes the southern boundary line of the Morton M. McCarver
Survey 4, Abstract 10, for a distance of approximately 7,000 feet to
its intersection with Ranch Road 2770;
THENCE, south on Ranch Road 2770 for a distance of
approximately 400 feet to its intersection with Farm-to-Market Road
171;
THENCE, east along Farm-to-Market Road 171 for a distance of
approximately 10,500 feet to its intersection with Farm-to-Market
Road 25;
THENCE, north by northeast along Farm-to-Market Road 25 for a
distance of approximately 3,100 feet to its intersection with
Farm-to-Market Road 131;
THENCE, east by southeast along Farm-to-Market Road 131 for a
distance of approximately 3,000 feet to its intersection with the
east line of the Thomas G. Allen Survey, Abstract 26;
THENCE south along the east line of said Thomas G. Allen
Survey to the most northerly northwest corner of the Elisha Pruett
Survey 23, Abstract 376;
THENCE southwest along a west line of said Elisha Pruett
Survey 23 to the west corner of said Survey;
THENCE southeast along the southwest line of said Survey to
the north corner of the John Stewart Survey, Abstract 14;
THENCE southwest along the northwest line of said John
Stewart Survey to its west corner;
THENCE continuing in the same line to the most northerly
southwest line of the John Jones Survey, Abstract 263;
THENCE southeast along said southwest line to an interior
corner of said John Jones Survey;
THENCE southwest along the most southerly northwest line of
said Survey to the southwest corner of said Survey;
THENCE southeast along the south line of said Survey to the
north corner of the James W. Williams Survey 11, Abstract 473;
THENCE southwest along the northwest line of said James W.
Williams Survey 11 to its west corner;
THENCE southeast along the southwest line of said Survey to
the north right-of-way line of the I. & G. N. RR.;
THENCE southwest along said right-of-way of said I. & G. N.
RR. to the Hays County-Comal County line;
THENCE south along said county line to the northwest line of
the R. B. Moore Survey, Abstract 412, in Hays County where it
crosses the Hays County-Comal County line;
(5) all of the territory of Hays County contained
within the following described area:
Beginning on the most southern point of Hays County at the
intersection of Hays, Comal, and Guadalupe Counties; then
continuing in a northeasterly direction along the Hays-Guadalupe
county line to its intersection with the Hays-Caldwell county line;
then continuing along the Hays-Caldwell county line to an
intersection with Farm-to-Market Road 150; then continuing in a
northwesterly direction along Farm-to-Market Road 150 to the
intersection with the existing southern boundary of the part of
Hays County described in Subdivision (4) of this section; then
continuing in a southwesterly direction along the existing southern
boundary of the part of Hays County described in Subdivision (4) of
this section to the intersection with the Hays-Comal county line;
then continuing in a southerly direction along the Hay-Comal county
line to the point of beginning;
(6) the part of Guadalupe County beginning at the
Guadalupe County-Caldwell County-Hays County line at the San Marcos
River in the northeast corner of Guadalupe County, Texas.
THENCE southwest along the Guadalupe County-Hays County line
to the intersect of the Guadalupe County-Hays County-Comal County
line.
THENCE southwest along the Guadalupe County-Comal County
line to the intersect of the Guadalupe County-Comal County-Bexar
County intersect at the Cibolo creek.
THENCE south along the Guadalupe County-Bexar County line
along the Cibolo creek to the intersect of the Guadalupe
County-Bexar County-Wilson County line.
THENCE south along the Guadalupe County-Wilson County line
along the Cibolo creek to the intersect and crossing of Guadalupe
County Road 417.
THENCE east along Guadalupe County Road 417 to the intersect
of Guadalupe County Road 417 and Guadalupe County Road 412.
THENCE northeast along Guadalupe County Road 412 to the
intersect of Guadalupe County Road 412 and Guadalupe County Road
411 A.
THENCE east along Guadalupe County Road 411 A to the
intersect of Guadalupe County Road 411 A and Farm-to-Market road
number 725.
THENCE north along Farm-to-Market Road 725 to the intersect
of Farm-to-Market Road 725 and Interstate Highway 10.
THENCE east along Interstate Highway 10 to the intersect of
Interstate Highway 10 and State Highway 90.
THENCE east along State Highway 90 to the Guadalupe
County-Caldwell County line at the San Marcos river.
THENCE northwest along the Guadalupe County-Caldwell County
line along the San Marcos river to the place of beginning; [and]
(7) the part of Atascosa County beginning on the north
line of the Robt. C. Rogers Survey, at the Bexar County-Atascosa
County line, to its northwest corner, which is the northeast corner
of the F. Brockinzen Survey, Abstract 86;
THENCE south along the east line of said Survey passing
through its southeast corner and continuing south along the east
line of the F. Brockinzen Survey, Abstract 90, to its southeast
corner;
THENCE west along the south line of said survey to its
southwest corner;
THENCE north along the west line of said F. Brockinzen Survey
to the southeast corner of the B. Bonngartner Survey, Abstract 87;
THENCE west along the south line of said B. Bonngartner
Survey passing through its southwest corner and continuing along
the south line of the J. B. Goettlemann Survey, Abstract 309, to the
Atascosa County-Medina County line;
THENCE north along the Atascosa County-Medina County line to
the Bexar County line;
THENCE east along the Atascosa County-Bexar County Line to
the place of beginning; and
(8) the following parcels:
(A) Parcel 1, consisting of two tracts:
(i) Tract 1 - 153-70/100 acres of land in
Atascosa County, Texas, being out of the W.L. Hurd Original Survey
No. 368; said 153-70/100 acres being more particularly described as
follows:
beginning at an iron stake set in the
Northwest corner of the J.B. Bush 261.7 acre tract, said corner
being in the Southeast intersection of the Lytle-Seglar and
Lytle-Bexar Roads, for the Northwest corner of this tract;
THENCE South 00 28' East, with the East line
of the Lytle-Seglar Road, 1767.5 feet to an iron stake for the
Southwest corner of this tract;
THENCE South 89 27' East 3748.8 feet to an
iron stake set for the Southeast corner of this tract, said stake
being in the West line of a 40-foot road;
THENCE North 00 39' West, with the West line
of said 40-foot road, 1806.9 feet to an iron stake set in the South
line of the Lytle-Bexar Road, for the Northeast corner of this
tract;
THENCE South 89 57' West, with the South line
of the Lytle-Bexar Road, 3742.5 feet to the place of beginning; and
(ii) Tract 2 - 73 acres of land in Atascosa
County, Texas, being out of the R.C. Rogers Survey No. 530, said 73
acres being more particularly described as follows:
beginning at the most Northerly North East
corner of this tract, said corner being in the South R/W line of
State Highway No. 1518, and being South 89 degrees 02 minutes West
522.1 feet from the intersection of this road R/W with the West R/W
of the Luckey road;
THENCE South 497.5 feet to an iron pin for
corner;
THENCE East 522.0 feet to an iron pin for a
corner in the West R/W line of said Luckey Road;
THENCE South 24 minutes east 2559.0 feet
along said Luckey Road R/W to the Southeast corner of this tract;
THENCE South 89 degrees West 1148.6 feet to
the Southwest corner of this tract;
THENCE North 2855.4 feet to a corner;
THENCE East 210.0 feet to a corner;
THENCE North 210.0 feet to a corner in the
South R/W line of State Highway No. 1518;
THENCE North 89 degrees 02 minutes East 397.0
feet along said Highway R/W to the place of beginning; and
(B) Parcel 2, consisting of five tracts:
(i) Tract 1 - 185.14 acres of land, more or
less, out of the Robert C. Rogers Sur. No. 530, Abstr. No. 721, in
Atascosa County, Texas, described as being all of that certain
242.025 acres of land, more or less, described as "First Tract" in
Warranty Deed recorded in Vol. 291, p. 120, Deed Records, Atascosa
County, Texas, dated October 31, 1962, executed by Mae S. Bush, et
vir, to C.W. Mask, et ux, and more particularly described by metes
and bounds as follows:
beginning at the NE corner of the original
W.P. Riley 565.3 acre tract, more particularly described in
Warranty Deed dated June 18, 1923, executed by W.P. Riley to B.L.
Riley, recorded in Vol. 93, p. 24, Deed Records, Atascosa County,
Texas, said point also being the NE corner of that certain 80.675
acre tract more particularly described by metes and bounds in
Warranty Deed dated May 24, 1943, executed by J.F. Riley, et ux, to
J.W. Bush, Sr., recorded in Vol. 162, p. 125, Deed Records, Atascosa
County, Texas;
THENCE west along the south R.O.W. line of
the Lytle-New Somerset public road, 1129 feet to a point for
beginning; said beginning point being the NE corner of said 242.025
acre subdivision, being also the NW corner of a subdivision of
80.675 acres heretofore conveyed to J.W. Bush, Sr.;
THENCE S. 0 09' E. 3075.43 feet to the SE
corner of said 242.025 acre subdivision;
THENCE S. 89 20' W. 2489.44 feet to an inside
corner;
THENCE S. 0 34' W. 602 feet to corner;
THENCE N. 89 36' W. 778 feet to the SW corner
of this tract, being also the SE corner of the W.C. Riley 242.6
acres;
THENCE N. 0 09' W. 3660.9 feet to the NW
corner of this tract, being also the NE corner of the W.C. Riley
242.6 acre tract;
THENCE E. along the S. R.O.W. line of the
Lytle-New Somerset Road 3260 feet to the place of beginning, and
containing 242.025 acres of land, more or less, being parcels 1, 2,
and 3, of a subdivision of the east portion of the said W.P. Riley
original 565.3 acres of land;
LESS HOWEVER, the following:
23.20 acres of land, more less, out of the
northwest corner of the C.W. Mask 860 acre tract of land, said 23.20
acres of land, more or less, more particularly described by metes
and bounds as follows:
beginning at a cedar corner post in the south
R.O.W. line of Farm Road 1518, at station no. 325 plus 90.5 for the
northwest corner of this tract, said corner being also the
northwest corner of said 860 acre tract;
THENCE S. 89 47' E. 661.0 feet along a fence
line to an iron pin in a fence corner for the southeast corner;
THENCE S. 89 17' W. 672.1 feet along a fence
to an iron pin in a fence corner for the southwest corner, said
corner being in the west line of the 860 acre tract;
THENCE N. 0 23' W. 1521.6 feet along the west
line of said 860 acre tract to the place of beginning; and
LESS 14.86 acres of land, more or less, out
of the C.W. Mask 860 acre tract of land, said 14.86 acres of land,
more or less, more particularly described by metes and bounds as
follows:
beginning at a creosote corner post in the
south R.O.W. line of Farm Road 1518 at station 314 plus 96.5 on a
line 661' from corner of C.W. Mask 860 acre tract for the NW corner
of this tract;
THENCE S. 89 47' E. 433 feet along a fence
line on said Road 1518 south R.O.W. line to an 8" cedar corner post
for the NE corner;
THENCE S. 0 13' W. 1504.0 feet along a fence
line to an iron pin in a fence corner for the SE corner;
THENCE S. 89 21' W. 426.5 feet along a fence
line to an iron pin in the fence corner for the SW corner;
THENCE N. 0 02' W. 1510.6 feet along a fence
line to the place of beginning; and
LESS 6.31 acres of land, more or less, more
particularly described by metes and bounds as follows:
beginning at a cedar corner post in the south
R.O.W. line of FM 2790 at Station 314 plus 96.5 for the northwest
corner of this tract;
THENCE S. 89 47' E. 275 feet along a fence on
FM 2790 south R.O.W. line to an iron pin for the northeast corner;
THENCE S. 0 13' W. 1000 feet to an iron pin
for the southeast corner;
THENCE N. 89 41' W. 275 feet to an iron pin in
a fence line, for the southwest corner;
THENCE N. 0 13' E. 1000 feet along an
existing fence line to the place of beginning; and
LESS the south 12.515 acres of the above
described 242.025 acres of land, more or less;
(ii) Tract 2 - 12.515 acres of land, more or
less, out of the Robert C. Rogers Sur No. 530, Abstr. No. 721, in
Atascosa County, Texas, described as being the south 12.515 acres
of land, more or less, of that certain 242.025 acres of land, more
or less, described as "First Tract" in Warranty Deed recorded in
Vol. 291, p. 120, Deed Records, Atascosa County, Texas, dated
October 31, 1962, executed by Mae S. Bush, et vir, to C.W. Mask, et
ux, and which 242.025 acres of land, more or less, is more
particularly described by metes and bounds as follows:
beginning at the NE corner of the original
W.P. Riley 565.3 acre tract, more particularly described in
Warranty Deed dated June 18, 1923, executed by W.P. Riley to B. L.
Riley, recorded in Vol. 93, p. 24, Deed Records, Atascosa County,
Texas; said point also being the NE corner of that certain 80.675
acre tract more particularly described by metes and bounds in
Warranty Deed dated May 24, 1943, executed by J.F. Riley, et ux, to
J.W. Bush, Sr., recorded in Vol. 162, p. 125, Deed Records, Atascosa
County, Texas;
THENCE west along the south R.O.W. line of
the Lytle-New Somerset public road, 1129 feet to a point for
Beginning; said Beginning point being the NE corner of said 242.025
acre subdivision, being also the NW corner of a subdivision of
80.675 acres heretofore conveyed to J.W. Bush, Sr.;
THENCE S. 0 09' E. 3075.43 feet to the SE
corner of said 242.025 acre subdivision;
THENCE S. 89 20' W. 2489.44 feet to an inside
corner;
THENCE S. 0 34' W. 602 feet to corner;
THENCE N. 89 36' W. 778 feet to the SW corner
of this tract, being also the SE corner of the W.C. Riley 242.6
acres;
THENCE N. 0 09' W. 3660.9 feet to the NW
corner of this tract, being also the NE corner of the W.C. Riley
242.6 acre tract;
THENCE E. along the S. R.O.W. line of the
Lytle-New Somerset Road 3260 feet to the place of beginning, and
containing 242.025 acres of land, more or less, being parcels 1, 2,
and 3, of a subdivision of the east portion of the said W. P. Riley
original 565.3 acres of land;
(iii) Tract 3 - 304 acres of land, more or
less, out of the Robert C. Rogers Sur. No. 530, Abstr. No. 721, in
Atascosa County, Texas, described as "Second Tract" in Warranty
Deed recorded in Vol. 291, p. 120, Deed Records, Atascosa County,
Texas, dated October 31, 1962, executed by Mae S. Bush, et vir, to
C. W. Mask, et ux, and more particularly described by metes and
bounds as follows:
beginning at a fence corner, the most
easterly SE corner of this tract in the NW corner of a county road,
said fence corner being the northeast corner of a 20 acre tract out
of the Robert C. Rogers Sur. No. 530, Abstr. No. 721, more
particularly described by metes and bounds in Deed dated May 31,
1985, executed by Thomas W. Thornton, et ux, to Robert Harold
Griffin, recorded in Vol. 717, p. 92, Deed Records, Atascosa
County, Texas; said point also being the northeast corner of that
certain 177.596 acre tract described in Deed dated October 13,
1980, executed by Harry E. Richardson, et al, to Thomas Warren
Thornton, et ux, recorded in Vol. 538, p. 363, Deed Records,
Atascosa County, Texas;
THENCE N. 0 35' E. with the west line of said
county road, 2447 feet to a fence corner, the NE corner of this
tract;
THENCE S. 89 20' W. with a fence, 3648 feet
to a fence corner for the NW corner;
THENCE with a fence the west line as follows:
S. 0 34' E. 602 feet; S. 0 38' E. 1836 feet, and S. 0 19' W. 2447
feet to a fence corner in the SW corner;
THENCE S. 89 35' E. with a fence, 1787 feet
to a fence corner in the west line of the county road for the SE
corner;
THENCE N. 0 01' W. with a fence, the west
line of said road, 2482 feet to a fence corner;
THENCE N. 89 41' E. with the north line of
road 1823 feet to the place of beginning;
(iv) Tract 4 - 313.8 acres of land, more or
less, composed of lands formerly owned in part by Martha W. White
and in part by M. E. Jordan and subsequently owned by the Dr. R. B
Touchstone Estate, said 313.8 acres of land, more or less, being out
of the Robert C. Rogers Sur. No. 530, Abstr. No. 721, in Atascosa
County, Texas, and described as "Third Tract" in Warranty Deed
recorded in Vol. 291, p. 120, Deed Records, Atascosa County, Texas,
dated October 31, 1962, executed by Mae S. Bush, et vir, to C. W.
Mask, et ux, and more particularly described by metes and bounds as
follows:
beginning at a fence corner, the NE corner of
this tract and the SE corner of the Mae S. Bush tract, as described
in Deed dated September 22, 1944, executed by H. M. Bush, Sr., to
Mae S. Bush, recorded in Vol. 166, p. 508, Deed Records, Atascosa
County, Texas;
THENCE with a fence, the east line of this
tract, S. 0 21' E. 3694.8 feet to a fence corner, the SE corner of
the M.E. Jordan tract, for the SE corner of this tract;
THENCE S. 89 33' W. with a fence, the south
line of the Jordan tract, 3709.4 feet to the SW corner of the Jordan
tract, the SW corner of this tract;
THENCE N. 0 34' E. with a fence at 1869 feet
pass common corner of the Jordan and White tract, a distance of 3731
feet to a fence corner, the NW corner of the White tract, for the NW
corner of this tract;
THENCE N. 89 37' E. with a fence the north
line of the White tract, the north line of this tract, 711.8 feet to
an angle in fence;
THENCE N. 89 50' E. continuing with said
fence, 2937.1 feet to the place of Beginning; and
(v) Tract 5 - 5.066 acres of land, more or
less, out of the Robert C. Roberts Sur. 530, Abstr. No. 721, in
Atascosa County, Texas, more particularly described by metes and
bounds in Warranty Deed dated July 31, 1992, recorded in Vol. 854,
p. 724, Deed Records, Atascosa County, Texas, executed by Thomas
Warren Thornton, et ux, to Jerry Kye Mask.
SECTION 2. (a) All governmental acts and proceedings of the
Edwards Aquifer Authority relating to the following initial regular
permits are validated in all respects:
(1) P100-013;
(2) P100-014; and
(3) P100-017.
(b) This section does not apply to any matter that on the
effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final court
judgment; or
(2) has been held invalid by a final court judgment.
SECTION 3. The permits described by Section 2(a) of this Act
were regular permits issued by the Edwards Aquifer Authority as of
January 1, 2005, and the withdrawals authorized by those permits as
they were originally issued were included within the 572,000
acre-feet of water for each calendar year established by Section
1.14(c), Chapter 626, Acts of the 73rd Legislature, Regular
Session, 1993.
SECTION 4. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations on this Act with the governor, the lieutenant
governor, and the speaker of the house of representatives within
the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 5. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4762 was passed by the House on May 5,
2009, by the following vote: Yeas 144, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4762 was passed by the Senate on May
21, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor