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