HBA-NMO H.B. 2916 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2916
By: Lewis, Ron
Natural Resources
4/12/1999
Introduced



BACKGROUND AND PURPOSE 

In 1993, the 74th Texas Legislature enacted legislation creating the
Edwards Aquifer Authority (authority), which authorizes the authority to
issue permits, regulate groundwater withdrawal from the aquifer, and
implement other aquifer management strategies.  H.B. 2916 amends language
regarding water withdrawal rates. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 1.03(20), Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993,  to redefine "underground water" as
water percolating below the surface of the earth and that is suitable for
agriculture, gardening, domestic or stock raising purposes, but does not
include defined subterranean streams or the underflow of rivers. 
 
SECTION 2.  Amends Section 1.14(b), Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, to provide that for the period
beginning January 1, 2000, and ending December 31, 2007, the amount of
permitted withdrawals from the aquifer may not exceed 450,000 acre-feet of
water for each calendar year.  
 
SECTION 3.  Amends Section 1.15(c), Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, to require the Edwards Aquifer
Authority (authority) , in issuing the initial regular permits, to reduce
to the 450,000 acre-feet per year or other maximum required by this Act the
initial regular permits if the maximum beneficial use of water without
waste during the historical period exceeds the 450,000 acre-feet per year
or other maximum withdrawal limitation required by Section 1.14(b).  
 
SECTION 4.  Amends Section 1.16, Chapter 626, Acts of the 73rd Legislature,
Regular Session, 1993, to require an existing irrigation user to receive an
initial regular permit for the user's maximum beneficial use of water
without waste, but not less than two acre-feet per year for each acre of
land the user actually irrigated in any one calendar year during the
historical period.  Requires the authority, to the extent water is
available for permitting,  and subject to certain proportionate reduction,
to issue an existing municipal or industrial user a permit for withdrawal
of an amount of water equal to the user's maximum beneficial use of water
without waste during any one calendar year of the historical period.
Requires the authority to adjust the amount of water authorized for
withdrawal for all other existing users proportionately to meet the amount
of water available for permitting.  Makes conforming changes. 
 
SECTION 5.  Amends Section 1.29(e), Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, to require that the fee rate for
agricultural water use be based on the volume of water withdrawn for
agricultural purposes. 
 
SECTION 6.  Amends Section 1.31(a), Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993,  to add the time limit of not later
than December 31, 1999, to the requirement of the owner of a nonexempt well
that withdraws water from the aquifer to install and maintain a measuring
device  approved by the authority designed to indicate the flow rate and
cumulative amount of water withdrawn by that well. 
 
SECTION 7.  Emergency clause.
Effective date:  upon passage