By: Averitt S.B. No. 2459
A BILL TO BE ENTITLED
AN ACT
relating to the study and assessment of the transport of
groundwater in the area regulated by the Edwards Aquifer Authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. STATEMENT OF PURPOSE AND LEGISLATIVE FINDINGS.
In order to establish a study group to review and assess the
groundwater management strategy of transporting groundwater from
Uvalde and Medina counties and to evaluate the impacts of section
1.28 of article 1 of the Edwards Aquifer Authority Act on
groundwater management opportunities for the Edwards Aquifer, the
legislature finds that:
(a) the Edwards Aquifer is a unique and complex hydrological
system, with diverse economic and social interests dependent on the
aquifer for water supply;
(b) the concentration over time of withdrawals from the San
Antonio Pool of the Edwards Aquifer through the transfer of
groundwater withdrawal rights from the Uvalde Pool may have an
adverse impact on key springflow and aquifer levels, resulting in
less reliable groundwater withdrawal rights in the San Antonio
Pool;
(c) potential groundwater management strategies within the
Edwards Aquifer should be evaluated to reflect future increases in
the need for water;
(d) local issues should be considered and addressed when
developing management strategies to address future need;
(e) it is in the public interest to consider all available
options for groundwater management of the Edwards Aquifer;
(f) it is important to consider the long-term impacts to
aquifer levels and springflows throughout the Edwards Aquifer from
transporting groundwater from Uvalde and Medina counties; and
(g) an assessment of water transportation projects from
Uvalde and Medina counties should be considered through a
consensus-based process involving balanced, regional
representation.
SECTION 2. DEFINITIONS.
In this act:
(1) "aquifer" means the Edwards Aquifer as defined in
section 1.03(1) of article 1 of the Edwards Aquifer Authority Act,
Act of May 30, 1993, 73rd Leg., R.S., ch. 626, 1993 Tex. Gen. Laws
2350, as amended, within the boundaries of the authority.
(2) "aquifer transport assessment" (or "transport
assessment") means a written report prepared as provided by this
act by the application of a scientifically derived process for
assessing the response of the aquifer and springflows, among other
things, to the transport of groundwater withdrawn from the aquifer
out of Uvalde County or Medina County.
(3) "authority" means the Edwards Aquifer Authority.
(4) "study group" means the Edwards Aquifer Transport Study
Group.
(5) "transport" means the movement by any means or works of
groundwater withdrawn from the aquifer in Uvalde or Medina Counties
to a point of delivery outside those counties for beneficial use
within the boundaries of the authority.
SECTION 3. EDWARDS AQUIFER TRANSPORT STUDY GROUP.
(a) In recognition of the legislative findings made in
section 1 of this act, the Edwards Aquifer Transport Study Group is
created. As soon as practicable after the effective date of this
act, the study group shall organize itself and appoint a chair.
(b) The study group is composed of twelve members with a
representative of each of the following entities, as appointed by
the governing body of that entity:
(1) the Edwards Aquifer Authority;
(2) the San Antonio Water System;
(3) the Guadalupe-Blanco River Authority;
(4) the San Antonio River Authority;
(5) the Nueces River Authority;
(6) the South Central Texas Water Advisory Committee;
(7) the county judge of Bexar County;
(8) the county judge of Comal County;
(9) the county judge of Hays County;
(10) the county judge of Medina County;
(11) the county judge of Uvalde County; and
(12) a representative of an environmental interest
identified by the study group, to be appointed by the governing body
of the environmental interest.
(c) Except for the county judges, each member of the study
group serves at the will of the governing body who appointed the
member.
(d) The authority on behalf of the study group may accept
outside gifts, grants, or other funding from any source to be used
to carry out the functions of the study group.
(e) The authority shall provide staff, administrative, and
funding support for the study group.
(f) The study group will establish a regular meeting
schedule and publish that schedule to encourage public
participation.
(g) Any meeting of the study group must be open to the
public.
(h) Chapter 2110, Government Code, does not apply to the
size, composition, or duration of the study group.
(i) In performing its duties, the study group shall:
(1) consider all reasonably available science,
including any project-specific studies, and base its assessment
solely on the best science available; and
(2) operate on a consensus basis to the maximum extent
possible.
(j) The study group is abolished on January 1, 2011.
SECTION 4. EDWARDS AQUIFER TRANSPORT ASSESSMENT.
(a) The study group shall prepare an aquifer transport
assessment.
(b) The aquifer transport assessment shall:
(1) study the possible methods and options to
transport groundwater from Uvalde and Medina counties;
(2) study the potential impacts on aquifer levels at
the J-17 and J-27 wells, and on spring discharge rates of the San
Marcos and Comal Springs, including throughout a repeat of the
drought of record;
(3) study the potential impacts of transport on the
authority's critical period management plan;
(4) include specific monitoring, studies, schedules,
and activities that take into account changed conditions and
information that more accurately reflects the impacts of any
transport project.
(5) assess the range and characteristics of entities
that could own, finance, design, construct, operate, and maintain a
transport project;
(6) assess the public policy implications related to
any transport project; and
(7) assess the secondary impacts of any transport
project, including economic impacts on local economies, local
employment, small businesses, fiscal impact on local governments,
public benefits and costs, operation of existing economic activity,
and economic development.
(c) The draft aquifer transport assessment must be
completed not later than September 1, 2010. The final aquifer
transport assessment must be completed not later than December 31,
2010.
(d) Not later than January 1, 2011, the study group shall
provide a copy of the final aquifer transport study to the
following:
(1) the members of the study group;
(2) the governor;
(3) the lieutenant governor;
(4) the speaker of the house of representatives;
(5) the chair of the House Natural Resources
Committee;
(6) the chair of the Senate Natural Resources
Committee;
(7) the chair of the Edwards Aquifer Legislative
Oversight Committee; and
(8) the program manager of the Edwards Aquifer
Recovery Implementation Program.
SECTION 5. EDWARDS AQUIFER TRANSPORT ASSESSMENT PEER REVIEW
TEAM.
(a) The study group created under this act shall appoint an
Edwards Aquifer transport assessment peer review team no later than
December 31, 2009. The peer review team must be composed of at
least five members who have technical expertise regarding the
issues set out in section 4(b) of this act.
(b) A member of the peer review team may receive
compensation for service on the peer review team and be reimbursed
for reasonable and necessary expenses incurred by the member while
conducting the business of the peer review team.
(c) Chapter 2110, Government Code, does not apply to the
size, composition, or duration of the peer review team.
(d) The peer review team shall review and evaluate the draft
transport assessment to maintain or enhance the quality of the
assessment by identifying the strengths of the assessment as well
as any weaknesses, errors, or deficiencies, and offer appropriate
suggestions for improvement.
(e) The study group shall review the peer review comments
and provide written responses to the comments, and make changes or
otherwise incorporate the comments as may be appropriate in the
judgment of the study group.
SECTION 6. PUBLIC HEARINGS.
(a) The study group shall conduct the following public
hearings:
(1) at least one organizational public hearing to
introduce the study group, discuss and explain its mission and
charge, provide the probable organization of and the likely scope
of the issues to be considered in the aquifer transport assessment,
and to take public comment on these matters.
(2) at least one public hearing to take public comment
on the draft aquifer transport assessment.
(b) Public hearings will be conducted in the manner the
study group deems most suitable to conveniently, inexpensively and
expeditiously provide a reasonable opportunity for interested
persons to submit relevant data, views, or arguments, in writing or
orally.
(c) The chair of the study group will be the presiding
officer of any public hearings.
(d) Public hearings may be recorded in any manner deemed
appropriate by the study group.
(e) Authority staff will provide to all permit holders
written notice of any public hearings.
(f) At least 14 days before the date of the public hearings,
Authority staff will publish notice of any public hearings in the
following:
(1) a newspaper of general circulation within the
boundaries of the authority; and
(2) four other newspapers with circulation within the
boundaries of the authority.
(h) A notice of public hearing must include:
(1) a statement of the purpose of the hearing;
(2) the date, time, and place of the public hearing;
(3) the procedures for obtaining copies of the draft
aquifer transport assessment;
(4) the procedures for submitting written comments and
the date and time by which they must be filed with the study group;
and
(5) a statement regarding the opportunity to appear
and make public comment at the public hearing.
(i) Written comments to the draft aquifer transport
assessment must be filed at the official address of the authority or
hand delivered to the presiding officer of any public hearing.
Written comments must be filed no later than 15 days after the date
of the last public hearing. Written comments should be typed or
legibly written. The study group shall consider all comments prior
to approving the final aquifer transport assessment and must
prepare written responses only to written public comments.
SECTION 7. EMERGENCY. The importance of this legislation
and the crowded condition of the calendars in both houses create an
emergency and an imperative public necessary that the
constitutional rule requiring bills to be read on three several
days in each house be suspended, and this rule is hereby suspended,
and that this Act take effect and be in force from and after its
passage, and it is so enacted.
SECTION 8. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.