Texas 2011 - 82nd Regular

Texas House Bill HB1279 Compare Versions

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1	1	82R23796 RWG-F
2	2	By: Miller of Comal H.B. No. 1279
3	3	Substitute the following for H.B. No. 1279:
4	4	By: Hopson C.S.H.B. No. 1279
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the administration, powers, duties, and operation of
10	10	the Edwards Aquifer Authority.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 1.03, Chapter 626, Acts of the 73rd
13	13	Legislature, Regular Session, 1993, is amended by amending
14	14	Subdivisions (6), (9), (10), (20), (21), and (25) and adding
15	15	Subdivision (28) to read as follows:
16	16	(6) "Commission" means the Texas [Natural Resource
17	17	Conservation] Commission on Environmental Quality.
18	18	(9) "Domestic [or livestock] use" means the use of
19	19	water for:
20	20	(A) drinking, washing, or culinary purposes;
21	21	(B) irrigation of a family garden or orchard the
22	22	produce of which is for household consumption only; or
23	23	(C) the watering of residential landscape of
24	24	one-half acre or less or any other purpose incidental to and
25	25	associated with domestic activities, provided that the primary
26	26	purpose of the well is for the purposes of Paragraph (A) [watering
27	27	of animals].
28	28	(10) "Existing user" means a person who has withdrawn
29	29	and beneficially used groundwater [underground water] from the
30	30	aquifer on or before June 1, 1993.
31	31	(20) "Groundwater" means water percolating beneath
32	32	the surface of the earth ["Underground water" has the meaning
33	33	assigned by Section 52.001, Water Code].
34	34	(21) "Waste" means:
35	35	(A) withdrawal of groundwater [underground
36	36	water] from the aquifer at a rate and in an amount that causes or
37	37	threatens to cause intrusion into the reservoir of water unsuitable
38	38	for agricultural, gardening, domestic, or stock raising purposes;
39	39	(B) the flowing or producing of wells from the
40	40	aquifer if the water produced is not used for a beneficial purpose;
41	41	(C) escape of groundwater [underground water]
42	42	from the aquifer to any other reservoir that does not contain
43	43	groundwater [underground water];
44	44	(D) pollution or harmful alteration of
45	45	groundwater [underground water] in the aquifer by salt water or
46	46	other deleterious matter admitted from another stratum or from the
47	47	surface of the ground;
48	48	(E) wilfully or negligently causing, suffering,
49	49	or permitting groundwater [underground water] from the aquifer to
50	50	escape into any river, creek, natural watercourse, depression,
51	51	lake, reservoir, drain, sewer, street, highway, road, or road
52	52	ditch, or onto any land other than that of the owner of the well
53	53	unless such discharge is authorized by permit, rule, or order
54	54	issued by the commission under Chapter 26, Water Code;
55	55	(F) groundwater [underground water] pumped from
56	56	the aquifer for irrigation that escapes as irrigation tailwater
57	57	onto land other than that of the owner of the well unless permission
58	58	has been granted by the occupant of the land receiving the
59	59	discharge; or
60	60	(G) for water produced from an artesian well,
61	61	"waste" has the meaning assigned by Section 11.205, Water Code.
62	62	(25) "Withdrawal" means an act or a failure to act that
63	63	results in taking water from the aquifer by or through man-made
64	64	facilities, including pumping, withdrawing, or diverting
65	65	groundwater [underground water].
66	66	(28) "Livestock use" means the use of water for
67	67	watering livestock or poultry.
68	68	SECTION 2. Section 1.07, Chapter 626, Acts of the 73rd
69	69	Legislature, Regular Session, 1993, is amended to read as follows:
70	70	Sec. 1.07. OWNERSHIP OF GROUNDWATER [UNDERGROUND WATER].
71	71	The ownership and rights of the owner of the land and the owner's
72	72	lessees and assigns, including holders of recorded liens or other
73	73	security interests in the land, in groundwater [underground water]
74	74	and the contract rights of any person who purchases water for the
75	75	provision of potable water to the public or for the resale of
76	76	potable water to the public for any use are recognized. However,
77	77	action taken pursuant to this Act may not be construed as depriving
78	78	or divesting the owner or the owner's lessees and assigns,
79	79	including holders of recorded liens or other security interests in
80	80	the land, of these ownership rights or as impairing the contract
81	81	rights of any person who purchases water for the provision of
82	82	potable water to the public or for the resale of potable water to
83	83	the public for any use, subject to the rules adopted by the
84	84	authority [or a district exercising the powers provided by Chapter
85	85	52, Water Code]. The legislature intends that just compensation be
86	86	paid if implementation of this article causes a taking of private
87	87	property or the impairment of a contract in contravention of the
88	88	Texas or federal constitution.
89	89	SECTION 3. Sections 1.08(a) and (b), Chapter 626, Acts of
90	90	the 73rd Legislature, Regular Session, 1993, are amended to read as
91	91	follows:
92	92	(a) The authority has all of the powers, rights, and
93	93	privileges necessary to manage, conserve, preserve, and protect the
94	94	aquifer and to increase the recharge of, and prevent the waste or
95	95	pollution of water in, the aquifer. The authority has all of the
96	96	rights, powers, privileges, authority, functions, and duties
97	97	provided by the general law of this state, including Chapters 49 and
98	98	[50,] 51, [and 52,] Water Code, applicable to an authority created
99	99	under Article XVI, Section 59, of the Texas Constitution. This
100	100	article prevails over any provision of general law that is in
101	101	conflict or inconsistent with this article regarding the area of
102	102	the authority's jurisdiction. Chapter 36, Water Code, does not
103	103	apply to the authority.
104	104	(b) The authority's powers regarding groundwater
105	105	[underground water] apply only to groundwater [underground water]
106	106	within or withdrawn from the aquifer. This section [subsection] is
107	107	not intended to allow the authority to regulate surface water.
108	108	SECTION 4. Section 1.09, Chapter 626, Acts of the 73rd
109	109	Legislature, Regular Session, 1993, is amended by amending
110	110	Subsection (d) and adding Subsection (i) to read as follows:
111	111	(d) Section [Sections 41.003 and] 41.008, Election Code,
112	112	does [do] not apply to an election held under this article.
113	113	(i) A member of a governing body of another political
114	114	subdivision is ineligible for appointment or election as a director
115	115	of the authority. A director of the authority is disqualified and
116	116	vacates the office of director if the director is appointed or
117	117	elected as a member of the governing body of another political
118	118	subdivision.
119	119	SECTION 5. Section 1.10(h), Chapter 626, Acts of the 73rd
120	120	Legislature, Regular Session, 1993, is amended to read as follows:
121	121	(h) The presiding officer of the advisory committee shall
122	122	submit a report assessing the effectiveness of the authority to the
123	123	commission and the authority by December [March] 31 of each
124	124	even-numbered year. The report must assess the effect on
125	125	downstream water rights of the management of the aquifer. The
126	126	authority shall consider the report in managing the authority's
127	127	affairs.
128	128	SECTION 6. Sections 1.11(d) and (g), Chapter 626, Acts of
129	129	the 73rd Legislature, Regular Session, 1993, are amended to read as
130	130	follows:
131	131	(d) The authority may:
132	132	(1) issue or administer grants, loans, or other
133	133	financial assistance to water users for water conservation and
134	134	water reuse;
135	135	(2) enter into contracts;
136	136	(3) sue and be sued only in its own name;
137	137	(4) receive gifts, grants, awards, and loans for use
138	138	in carrying out its powers and duties;
139	139	(5) hire an executive director to be the chief
140	140	administrator of the authority and other employees as necessary to
141	141	carry out its powers and duties;
142	142	(6) delegate the power to hire employees to the
143	143	executive director of the authority;
144	144	(7) own real and personal property;
145	145	(8) close abandoned, wasteful, or dangerous wells;
146	146	(9) hold permits under state law or under federal law
147	147	pertaining to the Endangered Species Act of 1973 (16 U.S.C. Section
148	148	1531 et seq.) and its amendments;
149	149	(10) enforce Chapter 1901 [32], Occupations Code
150	150	[Water Code], and Texas Department of Licensing and Regulation
151	151	[commission] rules adopted under that chapter [Act] within the
152	152	authority's boundaries; and
153	153	(11) require to be furnished to the authority water
154	154	well drillers' logs that are required by Chapter 1901 [32],
155	155	Occupations Code [Water Code], to be kept and furnished to the Texas
156	156	Department of Licensing and Regulation [commission].
157	157	(g) The authority has the power of eminent domain. The
158	158	authority may not acquire rights to groundwater [underground water]
159	159	by the power of eminent domain.
160	160	SECTION 7. Section 1.13, Chapter 626, Acts of the 73rd
161	161	Legislature, Regular Session, 1993, is amended to read as follows:
162	162	Sec. 1.13. REUSE AUTHORIZED. Any regulation of the
163	163	withdrawal of water from the aquifer must allow for credit to be
164	164	given for certified reuse of the water. For regulatory credit, the
165	165	authority [or a local underground water conservation district] must
166	166	certify:
167	167	(1) the lawful use and reuse of aquifer water;
168	168	(2) the amount of aquifer water to be used; and
169	169	(3) the amount of aquifer withdrawals replaced by
170	170	reuse.
171	171	SECTION 8. Section 1.14(e), Chapter 626, Acts of the 73rd
172	172	Legislature, Regular Session, 1993, is amended to read as follows:
173	173	(e) The authority may not allow withdrawals from the aquifer
174	174	through wells drilled after June 1, 1993, except for replacement or
175	175	[,] test[, or exempt] wells or wells exempt under Section 1.33 of
176	176	this article or to the extent that the authority approves an
177	177	amendment to an initial regular permit to authorize a change in the
178	178	point of withdrawal under that permit.
179	179	SECTION 9. Section 1.15, Chapter 626, Acts of the 73rd
180	180	Legislature, Regular Session, 1993, is amended by amending
181	181	Subsection (d) and adding Subsection (d-1) to read as follows:
182	182	(d) A permit issued by the authority to an applicant must
183	183	state the terms and provisions prescribed by the authority. Each
184	184	groundwater withdrawal permit must specify the maximum rate and
185	185	total volume of water that the water user may withdraw in a calendar
186	186	year.
187	187	(d-1) A permit may include:
188	188	(1) the name and address of the person to whom the
189	189	permit is issued;
190	190	(2) the location of the well;
191	191	(3) the term of the permit, including the date the
192	192	permit is to expire;
193	193	(4) a statement of the purpose for which the well is to
194	194	be used;
195	195	(5) a requirement that the water withdrawn under the
196	196	permit be put to beneficial use at all times;
197	197	(6) the location at which the water from the well will
198	198	be used;
199	199	(7) a water well closure plan or a declaration that the
200	200	applicant will comply with the authority's well closure
201	201	requirements and notify the authority of the closure;
202	202	(8) conditions and restrictions on the rate and amount
203	203	of withdrawal;
204	204	(9) conservation requirements prescribed by the
205	205	authority;
206	206	(10) a drought contingency plan prescribed by the
207	207	authority; and
208	208	(11) other terms and conditions the authority
209	209	determines reasonable and appropriate.
210	210	SECTION 10. Sections 1.16(a), (b), and (d), Chapter 626,
211	211	Acts of the 73rd Legislature, Regular Session, 1993, are amended to
212	212	read as follows:
213	213	(a) An existing user may apply for an initial regular permit
214	214	by filing a declaration of historical use of groundwater
215	215	[underground water] withdrawn from the aquifer during the
216	216	historical period from June 1, 1972, through May 31, 1993.
217	217	(b) An existing user's declaration of historical use must be
218	218	filed on or before December 30, 1996 [March 1, 1994], on a form
219	219	prescribed by the board. An applicant for a permit must timely pay
220	220	all application fees required by the board. An owner of a well used
221	221	for irrigation must include additional documentation of the number
222	222	of acres irrigated during the historical period provided by
223	223	Subsection (a) of this section.
224	224	(d) The board shall grant an initial regular permit to an
225	225	existing user who:
226	226	(1) files a declaration and pays fees as required by
227	227	this section; and
228	228	(2) establishes by convincing evidence beneficial use
229	229	of groundwater [underground water] from the aquifer.
230	230	SECTION 11. Sections 1.17(a) and (d), Chapter 626, Acts of
231	231	the 73rd Legislature, Regular Session, 1993, are amended to read as
232	232	follows:
233	233	(a) A person who, on the effective date of this article,
234	234	owns a producing well that withdraws water from the aquifer may
235	235	continue to withdraw and beneficially use water without waste until
236	236	final action on permits by the authority, if:
237	237	(1) the well is in compliance with all statutes and
238	238	rules relating to well construction, approval, location, spacing,
239	239	and operation; and
240	240	(2) by December 30, 1996 [March 1, 1994], the person
241	241	files a declaration of historical use on a form as required by the
242	242	authority.
243	243	(d) Interim authorization for a well under this section ends
244	244	on:
245	245	(1) entry of a final and appealable order by the
246	246	authority acting on the application for the well; or
247	247	(2) December 30, 1996 [March 1, 1994], if the well
248	248	owner has not filed a declaration of historical use.
249	249	SECTION 12. Article 1, Chapter 626, Acts of the 73rd
250	250	Legislature, Regular Session, 1993, is amended by adding Sections
251	251	1.21 and 1.211 to read as follows:
252	252	Sec. 1.21. CONTESTED CASE HEARINGS; REQUEST FOR REHEARING
253	253	OR FINDINGS AND CONCLUSIONS. (a) The authority, by rule, shall
254	254	define under what circumstances an application is considered
255	255	contested and shall limit participation in a hearing on a contested
256	256	application held in accordance with authority rules to persons who
257	257	have a personal justiciable interest related to a legal right,
258	258	duty, privilege, power, or economic interest affected by an
259	259	application, not including persons who have an interest common to
260	260	members of the public.
261	261	(b) Except as provided by Subsection (c) of this section, an
262	262	applicant or a party to a contested hearing may file a request for
263	263	rehearing not later than the 20th day after the date of the board's
264	264	decision.
265	265	(c) An applicant or a party to a contested hearing may
266	266	request written findings of fact and conclusions of law not later
267	267	than the 20th day after the date of the board's decision on the
268	268	application. On receipt of a timely filed written request under
269	269	this subsection, the board shall make written findings of fact and
270	270	conclusions of law regarding a decision of the board on the
271	271	application. The board shall provide copies of the findings of fact
272	272	and conclusions of law to the person who requested them, and to each
273	273	person who provided comments at the initial hearing or each
274	274	designated party, not later than the 35th day after the date the
275	275	board received the request. A person who receives a copy of the
276	276	findings of fact and conclusions of law from the board may request a
277	277	rehearing before the board not later than the 20th day after the
278	278	date the board issues the findings of fact and conclusions of law.
279	279	(d) A request for rehearing on a contested matter must be
280	280	filed in the authority's office and must state the grounds for the
281	281	request.
282	282	(e) If the board grants a request for rehearing, the board
283	283	shall schedule the rehearing not later than the 45th day after the
284	284	date the request is granted.
285	285	(f) The failure of the board to grant or deny a request for
286	286	rehearing before the 91st day after the date the request is
287	287	submitted constitutes a denial of the request.
288	288	Sec. 1.211. APPLICATION DECISION; WHEN FINAL. (a) A
289	289	decision by the board on an application is final:
290	290	(1) if a request for rehearing is not timely filed, on
291	291	the expiration of the period for filing a request for rehearing; or
292	292	(2) if a request for rehearing is timely filed, on the
293	293	date:
294	294	(A) the board denies the request for rehearing;
295	295	or
296	296	(B) the board renders a written decision after
297	297	rehearing.
298	298	(b) A timely filed motion for rehearing challenging a
299	299	decision in a contested hearing is a prerequisite to a suit against
300	300	the authority under Section 1.46 of this article. A suit under that
301	301	section may be filed not later than the 60th day after the date on
302	302	which the decision becomes final.
303	303	SECTION 13. Section 1.22(b), Chapter 626, Acts of the 73rd
304	304	Legislature, Regular Session, 1993, is amended to read as follows:
305	305	(b) The authority may acquire, [and] hold, and transfer
306	306	permits or rights to appropriate surface water or groundwater from
307	307	sources inside or outside of the authority's boundaries. The
308	308	authority may transport and distribute surface water or groundwater
309	309	as necessary to accomplish the powers and duties authorized by this
310	310	article or other applicable law.
311	311	SECTION 14. Section 1.25, Chapter 626, Acts of the 73rd
312	312	Legislature, Regular Session, 1993, is amended to read as follows:
313	313	Sec. 1.25. GROUNDWATER [COMPREHENSIVE] MANAGEMENT PLAN.
314	314	(a) Consistent with Section 1.14 of this article, after notice and
315	315	hearing, the authority shall develop[, by September 1, 1995,] and
316	316	implement a groundwater [comprehensive water] management plan that
317	317	includes conservation, future supply, and demand management plans.
318	318	The authority may not delegate the development of the plan under
319	319	Section 1.42 of this article.
320	320	(b) The authority shall develop the groundwater management
321	321	plan, and any amendment to the plan, using the best available data
322	322	that the authority has obtained and forward the plan, and any
323	323	amendment to the plan, to the appropriate regional water planning
324	324	group for use in the group's planning process [The authority, in
325	325	conjunction with the South Central Texas Water Advisory Committee,
326	326	the Texas Water Development Board, and underground water
327	327	conservation districts within the authority's boundaries, shall
328	328	develop a 20-year plan for providing alternative supplies of water
329	329	to the region, with five-year goals and objectives, to be
330	330	implemented by the authority and reviewed annually by the
331	331	appropriate state agencies and the Edwards Aquifer Legislative
332	332	Oversight Committee. The authority, advisory committee, Texas
333	333	Water Development Board, and districts, in developing the plan,
334	334	shall:
335	335	[(1) thoroughly investigate all alternative
336	336	technologies;
337	337	[(2) investigate mechanisms for providing financial
338	338	assistance for alternative supplies through the Texas Water
339	339	Development Board; and
340	340	[(3) perform a cost-benefit analysis and an
341	341	environmental analysis].
342	342	(c) On request by the authority, the commission and the
343	343	Texas Water Development Board shall provide technical assistance to
344	344	the authority in the development of the groundwater management
345	345	plan. The technical assistance provided may include a preliminary
346	346	review and comment on the plan prior to final certification by the
347	347	executive administrator of the Texas Water Development Board. If
348	348	such review and comment by the commission is requested, the
349	349	commission shall provide comment not later than the 30th day after
350	350	the date the request is received.
351	351	(d) On request of the executive director of the commission
352	352	or the executive administrator of the Texas Water Development
353	353	Board, the authority shall make available information that it
354	354	acquires concerning the aquifer and information concerning its
355	355	plans and activities in conserving and protecting the aquifer. On
356	356	request of the authority, the executive director and the executive
357	357	administrator shall provide information they acquire concerning
358	358	the aquifer within the authority's jurisdiction.
359	359	(e) In the groundwater management plan, the authority
360	360	shall:
361	361	(1) identify the performance standards and management
362	362	objectives under which the authority will operate to achieve its
363	363	aquifer management goals;
364	364	(2) specify the actions, procedures, performance, and
365	365	avoidance that are or may be necessary to effect the plan, including
366	366	specifications and proposed rules;
367	367	(3) include estimates of the following:
368	368	(A) the amount of groundwater being used within
369	369	the authority on an annual basis;
370	370	(B) the annual amount of recharge to the aquifer;
371	371	(C) the annual volume of water that discharges
372	372	from the aquifer to springs;
373	373	(D) the annual volume of flow into and out of the
374	374	authority's jurisdiction within the aquifer and between the aquifer
375	375	and other aquifers within the authority's boundaries, if an
376	376	appropriate groundwater availability model is available;
377	377	(E) the projected surface water supply in the
378	378	authority according to the most recently adopted state water plan;
379	379	and
380	380	(F) the projected total demand for water in the
381	381	authority according to the most recently adopted state water plan;
382	382	and
383	383	(4) consider the water supply needs and water
384	384	management strategies included in the adopted state water plan.
385	385	(f) The authority shall adopt amendments to the groundwater
386	386	management plan as necessary. An amendment to the plan may be
387	387	adopted only after notice and hearing. An amendment to the plan
388	388	shall be submitted to the executive administrator of the Texas
389	389	Water Development Board not later than the 60th day after the date
390	390	the amendment is adopted by the board. The executive administrator
391	391	shall review and certify any amendment in accordance with the
392	392	procedures established in this section.
393	393	(g) The authority shall, not later than December 31, 2015,
394	394	submit its next groundwater management plan to the executive
395	395	administrator of the Texas Water Development Board for review and
396	396	certification.
397	397	(h) Not later than the 60th day after the date of receipt of
398	398	the groundwater management plan adopted by the board, the executive
399	399	administrator of the Texas Water Development Board shall certify
400	400	the plan if the plan is administratively complete. The plan is
401	401	administratively complete if it contains the information required
402	402	by this section. Once the executive administrator has certified
403	403	the plan, the executive administrator may not decertify the plan.
404	404	(i) The groundwater management plan takes effect on
405	405	certification by the executive administrator of the Texas Water
406	406	Development Board.
407	407	(j) The authority shall review its groundwater management
408	408	plan annually and must review and readopt the plan with or without
409	409	amendments at least once every five years. The authority shall
410	410	provide the readopted plan to the executive administrator of the
411	411	Texas Water Development Board not later than the 60th day after the
412	412	date on which the plan was readopted by the board. Certification of
413	413	the preceding plan remains in effect until the executive
414	414	administrator has certified the readopted plan.
415	415	(k) If the executive administrator of the Texas Water
416	416	Development Board does not certify the groundwater management plan,
417	417	the executive administrator shall provide to the authority, in
418	418	writing, the reasons for the action. Not later than the 180th day
419	419	after the date the authority receives notice that its plan has not
420	420	been certified, the authority may submit a revised plan for review
421	421	and certification. The executive administrator's decision may be
422	422	appealed to the Texas Water Development Board. If the Texas Water
423	423	Development Board decides not to certify the plan on appeal, the
424	424	authority may request that the conflict be mediated. The authority
425	425	and the Texas Water Development Board may seek the assistance of the
426	426	Center for Public Policy Dispute Resolution at The University of
427	427	Texas at Austin School of Law or an alternative dispute resolution
428	428	system established under Chapter 152, Civil Practice and Remedies
429	429	Code, in obtaining a qualified impartial third party to mediate the
430	430	conflict. The cost of the mediation services must be specified in
431	431	the agreement between the parties and the Center for Public Policy
432	432	Dispute Resolution or the alternative dispute resolution system.
433	433	If the parties do not resolve the conflict through mediation, the
434	434	decision of the Texas Water Development Board not to certify the
435	435	plan may be appealed to a district court in Travis County. Costs
436	436	for the appeal shall be set by the court hearing the appeal. An
437	437	appeal under this subsection is by trial de novo.
438	438	SECTION 15. Section 1.29, Chapter 626, Acts of the 73rd
439	439	Legislature, Regular Session, 1993, is amended by amending
440	440	Subsections (f), (g), (h), and (i) to read as follows:
441	441	(f) In addition to the fees assessed under Subsection (b) of
442	442	this section, the authority may assess fees to recover
443	443	administrative costs such as filing and processing applications and
444	444	registrations. The fees may not unreasonably exceed the
445	445	administrative costs. [The authority shall impose a permit
446	446	application fee not to exceed $25.]
447	447	(g) [The authority may impose a registration application
448	448	fee not to exceed $10.
449	449	[(h)] Fees assessed by the authority may not be used to fund
450	450	the cost of reducing withdrawals or retiring permits or of
451	451	judgments or claims related to withdrawals or permit retirements.
452	452	(h) [(i)] The authority and other stakeholders, including
453	453	state agencies, listed under Section 1.26A of this article shall
454	454	provide money as necessary to finance the activities of the
455	455	steering committee and any subcommittees appointed by the steering
456	456	committee and the program director of the recovery implementation
457	457	program under Section 1.26A of this article. The authority shall
458	458	provide, as necessary, up to $75,000 annually, adjusted for changes
459	459	in the consumer price index, to finance the South Central Texas
460	460	Water Advisory Committee's administrative expenses and programs
461	461	authorized under this article.
462	462	SECTION 16. Section 1.30(e), Chapter 626, Acts of the 73rd
463	463	Legislature, Regular Session, 1993, is amended to read as follows:
464	464	(e) Section [Sections 11.028 and] 11.033, Water Code, does
465	465	[do] not apply to a permit issued under this section.
466	466	SECTION 17. Section 1.31(b), Chapter 626, Acts of the 73rd
467	467	Legislature, Regular Session, 1993, is amended to read as follows:
468	468	(b) The authority is responsible for the costs of
469	469	purchasing, installing, and maintaining measuring devices, if
470	470	required, for an irrigation well in existence on June 28, 1996
471	471	[September 1, 1993].
472	472	SECTION 18. Section 1.33, Chapter 626, Acts of the 73rd
473	473	Legislature, Regular Session, 1993, is amended to read as follows:
474	474	Sec. 1.33. WELL METERING EXEMPTION. (a) Except as provided
475	475	by Subsections (d) and (e) of this section, a [A] well that is
476	476	drilled, completed, or equipped so that it is incapable of
477	477	producing more than [produces] 25,000 gallons of water per [a] day
478	478	and is and will be used exclusively [or less] for domestic use or
479	479	livestock use is exempt from metering and withdrawal permit
480	480	requirements.
481	481	(b) A well drilled on or before June 1, 2011, that is
482	482	incapable of producing more than 1,250 gallons of water per day or
483	483	that is metered and does not produce more than 1,250 gallons of
484	484	water per day for any purpose authorized in this article is exempt
485	485	from withdrawal permit requirements. Multiple wells may not be
486	486	used in combination in a manner to satisfy a single water use or
487	487	purpose, that when combined, would not come within the requirements
488	488	of this subsection.
489	489	(c) A well that is exempt under Subsection (a) or (b) of this
490	490	section [Exempt wells] must be registered [register] with the
491	491	authority [or with an underground water conservation district in
492	492	which the well is located].
493	493	(d) [(c)] A well that meets the requirements of Subsection
494	494	(a) of this section [within or serving a subdivision requiring
495	495	platting] does not qualify for an exemption if the well:
496	496	(1) serves a subdivision of land requiring plat
497	497	approval under Chapter 232, Local Government Code;
498	498	(2) supplies water to a public water system as defined
499	499	by 30 T.A.C. Section 290.38; or
500	500	(3) produces groundwater for domestic use, was drilled
501	501	on or before June 1, 2011, and is on a tract of land with a residence
502	502	that receives water service from a retail public utility as defined
503	503	by Section 13.002, Water Code [exempt use].
504	504	(e) A well drilled after June 1, 2011, that meets the
505	505	requirements of Subsection (a) of this section, is exempt from
506	506	metering and withdrawal permit requirements only if the well is on a
507	507	tract of land larger than 10 acres.
508	508	SECTION 19. Article 1, Chapter 626, Acts of the 73rd
509	509	Legislature, Regular Session, 1993, is amended by adding Section
510	510	1.361 to read as follows:
511	511	Sec. 1.361. ABANDONED, OPEN, UNCOVERED, OR DETERIORATED
512	512	WELLS. (a) If the owner or lessee of land on which an abandoned,
513	513	open, uncovered, or deteriorated well is located fails or refuses
514	514	to close, cap, or plug the well in compliance with Chapter 1901,
515	515	Occupations Code, and the authority's rules, the authority or its
516	516	authorized employees, representatives, or agents may enter the land
517	517	and close, cap, or plug the well in a safe and secure manner.
518	518	(b) Reasonable expenses incurred by the authority in
519	519	closing, capping, or plugging a well constitute a lien on the land
520	520	on which the well is located.
521	521	(c) A lien described by Subsection (b) of this section
522	522	arises and attaches after an affidavit executed by any person with
523	523	knowledge of the facts of the closing, capping, or plugging is
524	524	recorded in the deed records of the county where the well is
525	525	located. The affidavit must contain:
526	526	(1) a statement or photograph confirming the existence
527	527	of the well;
528	528	(2) the legal description of the property on which the
529	529	well is located;
530	530	(3) a description of the approximate location of the
531	531	well on the property;
532	532	(4) a statement confirming the failure or refusal of
533	533	the owner or lessee, after notification, to close or cap the well
534	534	within 10 days after the notification;
535	535	(5) a statement confirming the closing, capping, or
536	536	plugging of the well by the authority, or by an authorized agent,
537	537	representative, or employee of the authority; and
538	538	(6) a statement of the expenses incurred by the
539	539	authority in closing, capping, or plugging the well.
540	540	(d) Nothing in this section affects the enforcement of
541	541	Subchapter A, Chapter 756, Health and Safety Code.
542	542	SECTION 20. Sections 1.37(j), (n), and (r), Chapter 626,
543	543	Acts of the 73rd Legislature, Regular Session, 1993, are amended to
544	544	read as follows:
545	545	(j) Within 30 days after the date the authority's order is
546	546	final as provided by Section 2001.144(a), Government Code
547	547	[Subsection (c), Section 16, Administrative Procedure and Texas
548	548	Register Act (Article 6252-13a, Vernon's Texas Civil Statutes)],
549	549	the person shall:
550	550	(1) pay the amount of the penalty;
551	551	(2) pay the amount of the penalty and file a petition
552	552	for judicial review contesting the occurrence of the violation, the
553	553	amount of the penalty, or both the occurrence of the violation and
554	554	the amount of the penalty; or
555	555	(3) without paying the amount of the penalty, file a
556	556	petition for judicial review contesting the occurrence of the
557	557	violation, the amount of the penalty, or both the occurrence of the
558	558	violation and the amount of the penalty.
559	559	(n) Judicial review of the order of the authority:
560	560	(1) is instituted by filing a petition as provided by
561	561	Subchapter G, Chapter 2001, Government Code [Section 19,
562	562	Administrative Procedure and Texas Register Act (Article 6252-13a,
563	563	Vernon's Texas Civil Statutes)]; and
564	564	(2) is under the substantial evidence rule.
565	565	(r) All proceedings under this section are subject to
566	566	Chapter 2001, Government Code [the Administrative Procedure and
567	567	Texas Register Act (Article 6252-13a, Vernon's Texas Civil
568	568	Statutes)].
569	569	SECTION 21. Section 1.38, Chapter 626, Acts of the 73rd
570	570	Legislature, Regular Session, 1993, is amended to read as follows:
571	571	Sec. 1.38. INJUNCTION BY AUTHORITY. (a) The authority may
572	572	file a civil suit in a state district court for an injunction or
573	573	mandatory injunction to enforce this article. The authority may
574	574	recover reasonable attorney fees in a suit under this section.
575	575	(b) In an enforcement action by the authority against a
576	576	governmental entity for a violation of authority rules, the limits
577	577	on the amount of fees, costs, and penalties that the authority may
578	578	impose under this section constitute a limit of the governmental
579	579	entity's liability for the violation. This subsection shall not be
580	580	construed to prohibit the recovery by the authority of fees and
581	581	costs under this article in an action against a governmental
582	582	entity.
583	583	SECTION 22. Sections 1.42(a), (b), and (c), Chapter 626,
584	584	Acts of the 73rd Legislature, Regular Session, 1993, are amended to
585	585	read as follows:
586	586	(a) A groundwater [An underground water] conservation
587	587	district other than the authority may manage and control water that
588	588	is a part of the aquifer after the effective date of this article
589	589	only as provided in this section. This article does not affect a
590	590	water reclamation or conservation district that manages and
591	591	controls only water from a resource other than the aquifer.
592	592	(b) A groundwater [An underground water] conservation
593	593	district other than the authority may manage and control water that
594	594	is a part of the aquifer to the extent that those management
595	595	activities do not conflict with and are not duplicative of this
596	596	article or the rules and orders of the authority.
597	597	(c) Except as otherwise provided by this article, the board
598	598	may delegate the powers and duties granted to it under this article.
599	599	The board shall delegate all or part of its powers or duties to a
600	600	groundwater [an underground water] conservation district on the
601	601	district's request if the district demonstrates to the satisfaction
602	602	of the board that:
603	603	(1) the district has statutory powers necessary for
604	604	full enforcement of the rules and orders to be delegated;
605	605	(2) the district has implemented all rules and
606	606	policies necessary to fully implement the programs to be delegated;
607	607	and
608	608	(3) the district has implemented a system designed to
609	609	provide the authority with adequate information with which to
610	610	monitor the adequacy of the district's performance in enforcing
611	611	board rules and orders.
612	612	SECTION 23. Section 1.43, Chapter 626, Acts of the 73rd
613	613	Legislature, Regular Session, 1993, is amended to read as follows:
614	614	Sec. 1.43. CREATION OF GROUNDWATER [UNDERGROUND WATER]
615	615	CONSERVATION DISTRICT. A groundwater [An underground water]
616	616	conservation district may be created in any county affected by this
617	617	article as provided by Subchapter B, Chapter 36 [52], Water Code.
618	618	SECTION 24. Article 1, Chapter 626, Acts of the 73rd
619	619	Legislature, Regular Session, 1993, is amended by adding Section
620	620	1.46 to read as follows:
621	621	Sec. 1.46. SUITS. (a) An affected person dissatisfied with
622	622	any authority rule, order, or act is entitled to file suit against
623	623	the authority or its directors to challenge the validity of the
624	624	rule, order, or act. The suit may be filed in any county in which
625	625	the authority is located. The suit may be filed only after all
626	626	administrative appeals to the authority are final. The burden of
627	627	proof is on the petitioner, and the challenged rule, order, or act
628	628	shall be deemed prima facie valid. The review on appeal is governed
629	629	by Section 2001.038 or 2001.174, Government Code, as appropriate.
630	630	(b) If the authority prevails in a suit to enforce this
631	631	article or its rules, orders, or acts, or in a suit other than a suit
632	632	in which it voluntarily intervenes, the authority may seek and the
633	633	court shall grant, in the same action, recovery for attorney's
634	634	fees, costs for expert witnesses, and other costs incurred by the
635	635	authority before the court. The court shall set the amount of the
636	636	attorney's fees.
637	637	SECTION 25. Section 4.02, Chapter 626, Acts of the 73rd
638	638	Legislature, Regular Session, 1993, is transferred to Article 1 of
639	639	that Act, redesignated as Section 1.47, and amended to read as
640	640	follows:
641	641	Sec. 1.47 [4.02]. ORIGINAL EFFECTIVE DATES. This article
642	642	[Act] takes effect June 28, 1996 [September 1, 1993], except
643	643	Section 1.35 of Article 1 takes effect December 30, 1996 [March 1,
644	644	1994].
645	645	SECTION 26. Section 3.02, Chapter 626, Acts of the 73rd
646	646	Legislature, Regular Session, 1993, is amended to read as follows:
647	647	Sec. 3.02. NOTICE OF AVAILABLE WATER. The Texas [Natural
648	648	Resource Conservation] Commission on Environmental Quality shall
649	649	notify the Edwards Aquifer Authority of any water available for
650	650	appropriation in the Guadalupe-Blanco River Basin as the commission
651	651	discovers the available water.
652	652	SECTION 27. Section 36.205(e), Water Code, is amended to
653	653	read as follows:
654	654	(e) Subsection (c) does not apply to the following
655	655	districts:
656	656	(1) [the Edwards Aquifer Authority;
657	657	[(2)] the Fort Bend Subsidence District;
658	658	(2) [(3)] the Harris-Galveston Coastal Subsidence
659	659	District;
660	660	(3) [(4)] the Barton Springs-Edwards Aquifer
661	661	Conservation District; or
662	662	(4) [(5)] any district that collects a property tax
663	663	and that was created before September 1, 1999, unless otherwise
664	664	authorized by special law.
665	665	SECTION 28. The following laws are repealed:
666	666	(1) Section 1.41(d), Chapter 626, Acts of the 73rd
667	667	Legislature, Regular Session, 1993; and
668	668	(2) Sections 36.101(l), 36.1011(e), and 36.419, Water
669	669	Code.
670	670	SECTION 29. (a) A suit based on or derived from Chapter 36,
671	671	Water Code, contesting the validity or implementation of Article 1,
672	672	Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993,
673	673	or a rule, order, or other action of the Edwards Aquifer Authority
674	674	under that article may not be instituted in a state court.
675	675	(b) A person may not institute or maintain a suit against
676	676	the Edwards Aquifer Authority based on or derived from Chapter 36,
677	677	Water Code, for any injury or potential injury, including any
678	678	injury or potential injury caused by an action taken by the
679	679	authority to implement or enforce Article 1, Chapter 626, Acts of
680	680	the 73rd Legislature, Regular Session, 1993, or a rule, order, or
681	681	other action of the authority under that article.
682	682	(c) The changes in law made by this Act to Chapter 36, Water
683	683	Code, apply only to a cause of action against the Edwards Aquifer
684	684	Authority filed on or after the effective date of this Act. A cause
685	685	of action filed before the effective date of this Act is governed by
686	686	the law in effect when the cause of action was filed, and the former
687	687	law is continued in effect for that purpose.
688	688	SECTION 30. (a) The legal notice of the intention to
689	689	introduce this Act, setting forth the general substance of this
690	690	Act, has been published as provided by law, and the notice and a
691	691	copy of this Act have been furnished to all persons, agencies,
692	692	officials, or entities to which they are required to be furnished
693	693	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
694	694	Government Code.
695	695	(b) The governor, one of the required recipients, has
696	696	submitted the notice and Act to the Texas Commission on
697	697	Environmental Quality.
698	698	(c) The Texas Commission on Environmental Quality has filed
699	699	its recommendations relating to this Act with the governor, the
700	700	lieutenant governor, and the speaker of the house of
701	701	representatives within the required time.
702	702	(d) All requirements of the constitution and laws of this
703	703	state and the rules and procedures of the legislature with respect
704	704	to the notice, introduction, and passage of this Act are fulfilled
705	705	and accomplished.
706	706	SECTION 31. This Act takes effect immediately if it
707	707	receives a vote of two-thirds of all the members elected to each
708	708	house, as provided by Section 39, Article III, Texas Constitution.
709	709	If this Act does not receive the vote necessary for immediate
710	710	effect, this Act takes effect September 1, 2011.