ADOPTED RULES
An agency may take final action on a section 30 days after a proposal has been 
published in the Texas Register. The section becomes effective 20 days after the 
agency files the correct document with the Texas Register, unless a later date 
is specified or unless a federal statute or regulation requires implementation 
of the action on shorter notice.
If an agency adopts the section without any changes to the proposed text, only 
the preamble of the notice and statement of legal authority will be published. 
If an agency adopts the section with changes to the proposed text, the proposal 
will be republished with the changes.

TITLE 1. ADMINISTRATION
PART V. General Services Commission
CHAPTER 111.Executive Administration Division
Historically Underutilized Business Certification Program
1 TAC sec.111.23
The General Services Commission adopts an amendment to sec.111.23 concerning 
Graduation Procedures. The amendments are adopted without changes to the 
proposed text as published in the December 13, 1996, issue of the Texas Register 
(21 TexReg 11903) 
The amendments to sec.111.23 are being adopted to update Historically 
Underutilized Business (HUB) graduation procedures because of a change in the 
Small Business Administration (SBA) industry size standards (13 Code of Federal 
Regulations, sec.121.201). 
The amendments delete the requirement that a HUB graduates upon maintaining 
total gross receipts or total employment levels during four consecutive years 
which exceed 75% of the U.S. Small Business Administration's size standards. The 
amendments also remove specific dollar amounts from industry/category 
descriptions in sec.111.23; require review of SBA size standards each Fiscal 
Year; and if required, make administrative changes to the HUB size standards 
effective 1 September of each Fiscal Year. 
One comment was received in which the commenter expresses concern that the HUB 
Graduation rule is not authorized by statute, is not consistent with the policy 
goals for the HUB program, and lacks clear procedures for administration. 
Eligibility Services Inc. commented against the rule.
The commission disagrees with the assertion that its HUB graduation standards 
are not authorized by statute. The statutory definition of "HUB" requires that 
prospective HUBs be "socially disadvantaged" persons. The determination of 
whether a person is "socially disadvantaged" is based on two criteria. First, 
the person must be a member of an ethnic group that has been socially 
disadvantaged. Second, the person must have suffered the effects of 
discriminatory practices or other insidious circumstances. In determining the 
second element, the commission finds that persons who have reached the 
graduation thresholds for four consecutive years are not suffering the effects 
of discriminatory practices or other insidious circumstances. 
The commission disagrees with the assertion that its use of SBA size standards 
for graduation is not consistent with the policy and intent of HUB legislation. 
The commission finds that the SBA standard size criteria are a valid measure of 
a HUB's entry into commerce. Therefore, the commission uses this standard to 
serve as a basis for determining whether the HUB in question suffers the effects 
of discriminatory practices or other insidious circumstances. 
The commission disagrees with the assertion that it lacks clear procedures for 
administration of its graduation rule. Further, the commission finds that, even 
if it presently lacked such procedures, this would not prohibit the adoption of 
the amendment in question since procedures may be developed to administer the 
rule after its adoption. 
The amendment is adopted in accordance with Government Code, Title 10. Subtitle 
D, Chapter 2161, which authorizes the commission to administer the HUB program. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on January 28, 1997.
TRD-9701282
Judy Ponder
General Counsel
General Services Commission
Effective date: February 18, 1997
Proposal publication date: December 13, 1996
For further information, please call: (512) 463-3960

TITLE 19. EDUCATION
PART I. Texas Higher Education Coordinating Board
CHAPTER 9.Public Junior Colleges
SUBCHAPTER J.Approval of Continuing Education Courses for State Appropriations 
to Public Community Colleges and Texas State Technical College 
19 TAC sec.sec.9.211 - 9.216
The Texas Higher Education Coordinating Board adopts amendments to sec.9.211-
sec.9.216 concerning Approval of Continuing Education Courses for State 
Appropriations to Public Community Colleges and Texas State Technical College. 
Section 9.212 and sec.9.214 are adopted with changes to the proposed text as 
published in the November 26, 1996, issue of the Texas Register (21 TexReg 
11431). Sections 9.211, 9.213, 9.215 and 9.216 are adopted without changes and 
will not be republished. The changes will replace language that is no longer 
current terminology relative to continuing education courses. The references in 
the Board rules include the outdated terminology "postsecondary technical and 
vocational adult" courses. In general, higher education has come to know these 
kinds of courses as continuing education courses and the amendments will update 
these references. The amendments are non-substantive in that the only functional 
change is in language usage and not content.
No comments were received regarding adoption of the amendments.
The amendments are adopted under Texas Education Code, sec.61.061, 
sec.130.003(b), and sec.135.04 which provides the Texas Higher Education 
Coordinating Board with the authority to adopt rules concerning Approval of 
Continuing Education Courses for State Appropriations to Public Community 
Colleges and Texas State Technical College.

sec.9.212.Authority.
The Texas Education Code, Sections 61.061, 130.003(b), and 135.04 provides the 
authority for the approval of continuing education courses for state 
appropriations. 

sec.9.214.Approval.
(a) Professional practices routinely acceptable in the development of any course 
of instruction must be followed for continuing education courses. As a minimum, 
continuing education course requests must: 
(1)-(4) (No change.) 
(b) (No change.) 
(c) Continuing education course revisions must be submitted to the Coordinating 
Board, Community and Technical Colleges Division, for approval. 
(d) The governing board of the postsecondary institution will establish tuition 
and fees for state-funded, continuing education courses. Tuition and fees for 
state-funded courses will be uniformly and consistently assessed. 
(e) Continuing education courses will be approved for five years from the 
beginning of the quarter following the approval date. The termination date for 
each course will be reflected on the approved course list. Approved revisions or 
updates to the course list will renew that five year approval, and any course 
not offered within a five year period will be deleted from the approved course 
list. 
(f) Any continuing education course request meeting or exceeding 360 contact 
hours must be dealt with as a new postsecondary technical and vocational program 
request and will be subject to all the requirements for postsecondary technical 
and vocational programs for state appropriations as outlined in Subchapter G of 
this chapter (relating to Approval of Postsecondary Technical and Vocational 
Programs for State Appropriations to Community and Junior Colleges and Texas 
State Technical College). 
(g) (No change.)
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on January 27, 1997.
TRD-9701337
James McWhorter
Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Effective date: February 19, 1997
Proposal publication date: November 26, 1996
For further information, please call: 

CHAPTER 11.Texas State Technical College
SUBCHAPTER C.Operational Provisions
19 TAC sec.11.51, sec.11.55
The Texas Higher Education Coordinating Board adopts amendments to sec.11.51 and 
sec.11.55, concerning Operational Provisions without changes to the proposed 
text as published in the November 26, 1996, issue of the Texas Register (21 
TexReg 11432). The changes will replace language that is no longer current 
terminology relative to continuing education courses. The references in the 
Board rules include the outdated terminology "postsecondary technical and 
vocational adult" courses. In general, higher education has come to know these 
kinds of courses as continuing education courses and the amendments will update 
these references. The amendments are non-substantive in that the only functional 
change is in language usage and not content. 
No comments were received regarding adoption of the amendments. 
The amendments are adopted under Texas Education Code, sec.135.04 which provides 
the Texas Higher Education Coordinating Board with the authority to adopt rules 
concerning Operational Provisions.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on January 27, 1997.
TRD-9701338
James McWhorter
Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Effective date: February 19, 1997
Proposal publication date: November 26, 1996
For further information, please call: (512) 483-6160

TITLE 31. NATURAL RESOURCES AND CONSERVATION
PART XX. Edwards Aquifer Authority
CHAPTER 701. Filing and Processing of Permit Applications 
The Edwards Aquifer Authority (Authority) adopts new subchapters C, D, E, F, G 
and H of Chapter 701, sec.sec.701.31-701.35,701.52-701.59, 701.71-701.77, 
701.91-701.102, 701.121-701.131, 701.141-701.147, concerning filing and notices, 
administrative and technical review, initial regular permit amounts and terms, 
hearings, final decisions and post hearing processes on applications for initial 
regular permits governing withdrawals of water from the Edwards Aquifer. 
Proposed sec.sec.701.31, 701.53, 701.55, 701.58, 701.59, 701.72, 701.73, 701.74, 
701.75, 701.76, 701.77, 701.92, 701.94, 701.101, 701.121, 701.122, 701.124, 
701.125, 701.126 and 701.130 are adopted with changes to the proposed text as 
published in the November 12, 1996, Texas Register (21 TexReg 11071). Proposed 
sec.701.51 is withdrawn and not adopted. Sections 701.32-701.35, 701.52, 701.54, 
705.56, 701.57, 701.71, 701.91, 701.93, 701.95-701.100, 701.102, 701.123, 
701.127-701.129, 701.131, 701.141-701.147 are adopted without change. 
The Authority adopts these rules pursuant to the Conservation Amendment of the 
Texas Constitution, Article 16, sec.59, the Edwards Aquifer Authority Act, 
chapter 626, 73rd Legislature, Regular Session (1993), as amended (the "Act"), 
the Authority's powers and duties under the Act to promulgate rules and to 
implement and enforce a permit system for withdrawals of water from the Edwards 
Aquifer, and the Texas Water Code, Chapter 36. These rules implement 
sec.sec.1.08, 1.11 and 1.14-1.17 of the Edwards Aquifer Authority Act. The 
Legislature created the Authority pursuant to the Conservation Amendment, which 
makes the protection and conservation of underground water and all other natural 
resources of the State of Texas both public rights and public duties. Section 
1.08(a) of the Act grants the Authority all the powers, rights and privileges 
necessary to manage, conserve, preserve, and protect the Edwards Aquifer and to 
increase the recharge of, and prevent the waste and pollution of water in, the 
aquifer. Section 1.08(a) also confers upon the Authority all the rights, powers, 
privileges, authority, functions and duties provided by the Conservation 
Amendment and the general law of the State, including Chapter 36 of the Texas 
Water Code. 
The Act creates a permitting system for withdrawals of underground water from 
the Edwards Aquifer. These rules, together with previously adopted subchapters A 
and B of chapter 701 (See 21 TexReg 11377, November 22, 1996), implement and 
carry out a permitting scheme for initial regular permits required by sec.1.16 
of the Act. The Act requires the Authority to accept timely filed historical 
claims to underground water called "declarations of historical use" and, to the 
extent water is available for permitting, to issue "initial regular" permits to 
those persons who establish by convincing evidence that an amount of underground 
water was withdrawn from the aquifer and beneficially used without waste during 
the 21-year historical period of June 1, 1972, to May 31, 1993. The "declaration 
of historical use" constitutes an application for an initial regular permit. The 
Act requires the Authority to make a final determination on all historical 
claims for initial regular permits before considering any other claim for water 
that is not based on proven beneficial use during the historical period. The Act 
does provide for permits to be issued on an emergency basis to prevent the loss 
of life or to prevent severe, imminent threats to public health or safety. 
According to the express terms of the Act, declarations of historical use were 
to be filed with the Authority by March 1, 1994. The Act was intended by the 
73rd Legislature to become effective on September 1, 1993, with the required 
filing date following the effective date by six months. However, the 
effectiveness of the Act was unexpectedly delayed by objections under the 
federal Voting Rights Act - objections that were resolved by the 1995 amendment 
to the Act that provided for the election, rather than the appointment of the 
board of directors. The Act was then challenged in state court on constitutional 
grounds, resulting in an injunction barring implementation of the Act. The 
injunction was dissolved by the Texas Supreme Court, and the Act thereby become 
effective, on June 28, 1996. Barshop v. Medina County Underground Water 
Conservation District, 925 S.W. 2d 618 (Tex. 1996). In its opinion upholding the 
Act, the Supreme Court recognized that the Legislature intended to require the 
filing of declarations of historical use six months following the effective date 
of the Act and rejected the argument that the stale March 1, 1994, filing date 
was an immovable, fatal flaw in the legislation. In general, under sec.1.15(b) 
of the Act, persons within the jurisdictional boundaries of the Authority may 
not withdraw underground water from the Edwards Aquifer or begin construction of 
a well or other works designed for the withdrawal of water from the aquifer 
unless they obtain a permit from the Authority. This prohibition does not apply 
to a well that produces 25,000 gallons of underground water from the Edwards 
Aquifer per day or less that is used exclusively for domestic use or watering of 
livestock (Act, sec.1.16(c)). Such wells must be registered with the Authority 
(or with a local groundwater conservation district), but need not be metered and 
may continue to use underground water from the Edwards Aquifer exclusively for 
domestic and livestock uses (Act, 1.33). Domestic and livestock uses are defined 
by the Act to include use of water for drinking, washing, and culinary purposes, 
irrigation of a family garden or orchard the produce of which is for household 
consumption only, and watering of animals (Act, sec.1.03(9)). However, the 
exemption for small domestic and livestock wells does not extend to a well 
serving a subdivision requiring platting (Act, sec.1.33(c)). 
Under the Act, initial regular permits are subject to proportional reduction to 
reflect the total amount of water available for withdrawals through non-exempt 
wells. The total amount of water available is 450,000 acre feet per calendar 
year, unless the board of the Authority determines in consultation with 
appropriate state and federal agencies, that additional water supplies are 
available through the implementation of various water management strategies and 
studies (sec.1.14(d)). However, the Act provides two safe harbors against 
proportional reduction to reflect the total amount of water available for 
permitting. An existing user that qualifies for the "irrigation withdrawal 
floor" is assured two acre-feet of underground water for every acre of land the 
user actually irrigated during any one calendar year of the historical period. 
The "historical average withdrawal floor" is available to a historical user that 
withdrew and beneficially used water from the aquifer for at least three years 
of the historical period. Such a user is assured its annual average beneficial 
water use during the years of the historical period in which it withdrew water 
from the aquifer. 
Although the Act prohibits withdrawals from non-exempt wells without a permit, 
it provides "interim authorization" to persons who produced water from a well on 
the effective date of Act to continue withdrawing water until the filing date 
for declarations of historical use. For an existing user with interim 
authorization that timely filed a declaration of historical use, the Act extends 
the authorization until a final and appealable decision is rendered on the 
user's application for permit. 
On September 3, 1996, the Authority published in the Texas Register, volume 21, 
page 8401, a first set of proposed filing rules contained in subchapter A and B 
of chapter 701. Among other things, these rules, which were adopted by the 
Authority on October 29, 1996, and published in the November 22, 1996, Texas 
Register (21 TexReg 11377) established December 30, 1996, as the filing deadline 
for declarations of historical use. Under 701.19 of this first set of rules, 
applications for initial regular permits must be filed with the Authority no 
later than December 30, 1996. An application is considered timely filed with the 
Authority if the application and the $25 application fee are 1)
actually received in the Authority offices by 5:00 p.m. on December 30, 1996 or 
2) deposited in the United State mail enclosed in a postpaid envelope properly 
addressed to the Authority which bears an official postmark date of no later 
than December 30, 1996. Applications must be made on printed forms prescribed by 
and available from the Authority. Subchapters C-H, the subject of this 
rulemaking, should be read in conjunction with adopted Subchapters A and B. 
The terms and provisions of subchapters C-H, which are summarized below, provide 
the procedures by which the staff of the Authority will review applications for 
initial regular permits, make initial determinations on those applications, and 
provide notice to the applicants. The rules also provide a procedure by which an 
applicant may supplement his application and protest his or another's initial 
determination permit and seek a contested case hearing on the underlying 
application. Finally, the rules set out a procedure by which the Authority will 
hold a contested case hearing and make a final decision on such hearings. The 
rules also provide for judicial review of those decisions. These rules, in 
short, provide the process, based on the boundaries established by the Act and 
the Administrative Procedures Act, to review and issue water withdrawal permits 
to historical users of the Edwards Aquifer. 
The new rules in subchapters C-H, as adopted, differ in some respects from the 
proposed published rules based on comments received from the public and further 
review by staff. Adopted rules are referred to by their numbers as proposed. 
Proposed sec.701.51, relating to De Minimis Users, is withdrawn in its entirety, 
therefore, sec.701.51 will be reserved for future use. Specific changes and 
reasoned justification for the changes and agency responses to comments are 
addressed in the Summary of Comments. 
Subchapter C, relating to Filing and Notices, contains sec.sec.701.31-701.35. 
This subchapter contains general provisions governing the filing of applications 
and sending of notices under this chapter. Section 701.31 contains additional 
definitions applicable to Chapter 701 and should we read together with the 
definitions set forth in previously adopted subchapter A, sec.701.1. Sections 
701.32 and 701.33 establish a docket clerk and docket system that the Authority 
will use in accepting and filing applications for initial regular permits and 
supporting documentation. Section 701.34 sets forth a standard rule for mailing 
notices and other communications to the applicant or another person by the 
Authority or to the Authority by an applicant. Section 701.35 governs the 
numbers of copies an applicant must file with the Authority. It provides that 
the applicant shall file with the Authority an original and one copy of the 
application and supporting documentation. 
Subchapter D, relating to Administrative Review of Declarations of Historical 
Use, contains sec.sec.701.52-701.59. This subchapter contains provisions 
governing the consequences of filing a declaration of historical use and the 
administrative review of those declarations. Section 701.52 states that the 
failure to timely file a declaration for historical use extinguishes and bars 
any claim to an initial regular permit under sec.1.16 of the Act, but does not 
affect any right to withdraw water from an exempt well. Section 701.53 provides 
interim authorization to an existing user who timely files a declaration for 
historical use if the well is in compliance with all statutes and rules relating 
to well construction, approval, location, spacing and operation. Interim 
authorization allows the existing user to withdraw water from the aquifer up to 
the user's annual historical maximum beneficial use of water without waste. 
Section 701.53 also provides that interim authorization is subject to the rules 
or plans of the Authority, is modified by issuance of an initial determination 
permit and ends on entry of a final and appealable order by the Authority on an 
application. Section 701.54 provides that an applicant must file a separate 
declaration for every separate farm, industrial activity, municipality or other 
user unit, but an application may pertain to more than one well or use if the 
wells are located or the use occurs within the same user unit.
Section 701.55 governs the procedures the Authority will follow in receiving 
applications for filing and requires the Authority to issue a statement of 
interim authorization to each applicant as soon as practicable. Section 701.56 
governs the procedures the Authority will follow in the event that an 
application is not accompanied by an appropriate application fee. Section 701.57 
requires the general manager to review the application to determine whether it 
is complete. Sections 701.58 and 701.59 provide that the general manager will 
declare the application complete or incomplete by March 1, 1997, and send a 
notice to the applicant of that determination. If the application is determined 
to be incomplete, the applicant will have 30 days to supplement his application. 
In any event, the application will be submitted for technical review on the 
basis of the information filed with the Authority on the 31st day after the 
notice of incomplete application is sent to the applicant. 
Subchapter E, relating to Technical Review and Initial Determination of 
Declaration of Historical Use, contains sec.sec.701.71-701.77. As stated in 
sec.701.71, this subchapter governs the technical review and initial 
determinations of all declarations of historic use. Section 701.72 provides that 
an applicant may supplement his application by filing additional information up 
to 30 days after the notice of administrative completeness. The general manager 
may extend this time for good cause to a date no later than April 1, 1997. 
Section 701.73 provides that the general manager may request additional 
information during technical review. Upon notice of the request for additional 
information, the applicant has 30 days to file that information. Section 701.74 
establishes the general procedures for technical review. The general manager 
will generally complete technical review within 90 days of the date the 
application is complete or 90 days after the 31st day after the date of notice 
of incomplete application. Generally, the purpose of technical review is to 
determine whether and to what extent the applicant has established withdrawals 
and beneficial use of Edwards Aquifer water without waste during the historical 
period. The general manager has the right of access to property to verify the 
information submitted in support of an application. After technical review, the 
general manager will prepare an application summary stating his preliminary 
findings relating to the amount of water used during the historic period, the 
use of the water, the applicable permit withdrawal floor, if any, and other 
determinative factors bearing on the water right determination. The general 
manager will mail the application summary along with a statement to each 
applicant. The statement will, among other things, notify the applicant that the 
right may be adjusted due to the need to proportionately reduce each water 
right, to reflect the waters available for permitting and set forth the 
applicant's right to file a protest and request a hearing. Section 701.75 
provides that within 15 days after technical review of all applications is 
complete, the general manager will prepare a summary of all initial 
determination permits, after performing any necessary calculation to 
proportionately reduce the aggregate withdraws. In no event will the permitted 
withdrawal floors be reduced below their respective floor. Section 701.76 
provides that the general manager will send to each applicant a copy of his 
initial determination permit and will publish notice of the summary of initial 
determination permits in the Texas Register and in newspapers of general 
circulation throughout the Authority. Section 701.77 provides that after the 
last day for filing protests on an initial determination permit, the general 
manager will submit to the Board for review and approval all uncontested initial 
determination permits. In the event of an uncontested initial determination 
permit seeking a water withdrawal right based on the irrigation withdrawal 
floor, the Board will issue to that applicant a final and appealable permit. In 
the event of an uncontested initial determination permit seeking a water 
withdrawal right on any other basis, the Board will issue a final permit with a 
special condition stating that the withdrawal right may be subject to adjustment 
following a final decision in all contested case hearings and shall state the 
formula for calculating that adjustment. 
Subchapter F, relating to Initial Regular Permit Amounts and Terms, contains 
sec.sec.701.91-701.102. As stated in sec.701.91, this subchapter governs the 
determination of amounts of withdrawals authorized by initial regular permits 
and the terms of those permits. Section 701.92 directs the Board to determine 
the amount of water available for permitting in accordance with sec.1.14 of the 
Act before the staff completes technical review of all timely filed 
declarations. Section 701.93 provides that the Authority shall issue an initial 
regular permit for an amount of water equal to that user's annual maximum 
beneficial use of water without waste if the existing user establishes that 
amount by convincing evidence and to the extent water is available for 
permitting. Section 701.94 sets forth various presumptions of wasteful or 
nonwasteful uses of water. Section 701.95 establishes a definition for 
convincing evidence. Section 701.96 sets out how the Authority will determine a 
water withdrawal right based on use for a part of a year. Section 701.97 
establishes a credit for irrigated acreage or other usage participating in a 
federal program. Section 701.98 sets out the two permit withdrawal floors 
recognized in the rules and the Act relating to two acre feet of water a year 
for each acre of land actually irrigated in any one calendar year during the 
historic period and the average historic use of water for an existing user who 
operated a well for three years or more during the historic period. Section 
701.99 describes how an irrigator may establish his right to claim a water 
withdrawal permit based on the irrigation floor. Section 701.100 describes how 
an existing user may establish his right to claim a water withdrawal permit 
based on the historical average floor. Section 701.101 sets out the basis for 
the calculation and the formula to perform the proportionate reduction 
calculation in establishing each applicant's initial determination permit.
Section 701.102 contains the general and special terms and conditions for each 
initial regular permit ultimately issued by the Authority under this chapter. 
Subchapter G, relating to Hearings Process, contains sec.sec.701.121-701.131. 
This subchapter generally describes who is entitled to file a protest on an 
initial determination permit and the contested case hearings process. Section 
701.121 states that any applicant who has timely filed an application for an 
initial regular permit may file a protest disputing his or any other applicant's 
initial determination permit within 45 days following the date of publication of 
the initial determination permit in the Texas Register. That section goes on to 
describe the basis for the protest, that the protest must be verified, and that 
a separate protest must be filed on each initial determination permit. Section 
701.122 provides that the Board will review each protest to determine whether it 
complies with the Board's rules. If the Board decides that the protest complies, 
the Board will refer the matter to a contested case hearing. If the Board 
determines that the protest does not comply, the Board will deny the protest and 
issue a final permit. The protestant may then appeal the decision to deny the 
protest under the Administrative Procedures Act. Section 701.123 provides that 
the general manager will contract within the State Office of Administrative 
Hearings to conduct contested case hearings for the Authority and sets out the 
authority of such administrative law judges in conducting those hearings. 
Section 701.124 describes the type of evidence that may be offered at a 
contested case hearing on an application for an initial regular permit. Section 
701.125 provides that notice for such proceedings shall be prepared by the 
Authority stating the time and place for each hearing. The notice shall be given 
to each applicant and to each protestant and it shall also be published in the 
Texas Register and in newspapers of general circulation throughout the Authority 
and the area represented by the South Central Texas Water Advisory Committee 30 
days before each hearing is scheduled. Section 701.126 establishes a procedure 
for the administrative law judge to hold a preliminary hearing to determine the 
parties and facts in dispute. Section 701.127 establishes a procedure to be 
followed at a contested case hearing. Section 701.128 requires all persons who 
attend a contested case hearing to conduct themselves in a manner respectful of 
the conduct of public business and authorizes the administrative law judge to 
take actions as necessary to enforce this standard.
Section 701.129 prohibits any member of the Board of the Authority from engaging 
in ex parte communications. Section 701.130 establishes the parties' burdens of 
proof at a contested case hearing. Section 701.131 provides that the general 
manager will contract with a certified court reporter service to make the 
official verbatim record and transcript of the hearing. The administrative law 
judge is authorized to allocate the costs for this service among the parties. 
Subchapter H, relating to Post Hearing Process, contains sec.sec.701.141-
701.147.
Section 701.141 provides that the administrative law judge will file his 
proposal for decision, containing findings of facts and conclusions of law 
separately stated with the Authority's docket clerk 30 working days after the 
close of the hearing and will send a copy by certified mail to each party. If 
the parties have informally resolved the dispute, the administrative law judge 
need not prepare a formal proposal for decision. Section 701.142 provides that 
any party affected by the proposal for decision may file exceptions 20 days 
after the issuance of the proposal for decision with any replies due 10 days 
later. Section 701.143 provides that the general manager will schedule the 
proposal for decision and any exceptions or replies for the Board's 
consideration at an open meeting. The Board will have discretion to accept or 
reject the proposal, but if it rejects a proposal for decision it must state in 
writing the reasons for its decision. Section 701.144 governs the filing of a 
motion for rehearing and provides that it must be filed 20 days after the party 
or his attorney of record is notified of the decision. A reply to the motion for 
rehearing is due 10 days later. Section 701.145 provides that the Board will 
consider the motion for rehearing during a Board open meeting or if the motion 
is not scheduled for action it will be overruled by operation of law 45 days 
after the party or his attorney of record is notified of the decision. In some 
circumstances this period of time can be extended up to 90 days after the 
Board's decision. Section 701.146 provides that the Board's decision is final 
and appealable on the expiration of the period for filing a motion for 
rehearing, on the date of the Board's order overruling a motion for rehearing or 
on the date the motion is overruled by operation of law. Section 701.147 
provides that a person affected by a final decision or order of the Board on an 
application for an initial regular permit may appeal such decision by filing a 
petition for judicial review within 30 days after the decision or order is final 
and appealable. The procedure for appealing an order of the Board is governed by 
the Administrative Procedures Act and is pursuant to the substantial evidence 
rule. This section also describes the content of the record in a contested case 
hearing. 
Summary of Comments and Agency Responses. 
Three public hearings were held on the proposed rules - the first was held in 
San Marcos, Texas on November 25, 1996, the second was held in Uvalde, Texas on 
December 3, 1996, and the third was held in San Antonio on December 5, 1996. 
Oral comments were received at these hearings. Some of those commenters 
followed-up by also submitting written comments. Most of the written and oral 
comments were submitted by individuals or lawfirms on behalf of individuals. 
Additional commenters include Bexar Metropolitan Water District, the San Antonio 
Water System, the Southwest Research Institute, and Living Waters Artesian 
Springs, Ltd. While the commenters focused on grammatical and conceptual errors 
that they believed needed changing, overall, they generally supported the 
adoption of the proposed rules. The staff of the Authority has summarized each 
of the comments below and has explained why each suggested change was rejected 
or accepted. In addition, the staff of the Authority has made changes to the 
text of the rules to clarify the meaning of the rules, to correct grammatical or 
typographical errors, or to delete redundancies. Each of these changes is noted 
below. 
General. Declarations of Historical Use. One user commented that all 
declarations of historical use filed by existing users with the TNRCC, the Texas 
Water Development Board or the predecessor to the Edwards Aquifer Authority on 
or before the original March 1, 1994, submission date should be accounted for by 
the EAA, and in the order received and assigned numbers to reflect submission 
before any that are filed after that date, including filings made in accordance 
with the proposed Rules. 
Agency Response: The act specifically requires that a declaration of historical 
use is to be filed on a form prescribed by the board. The existing users who 
provided a declaration of historical use before March 1, 1994, did not file on a 
form prescribed by the Authority. Therefore all users must apply on a form 
prescribed by the Authority by December 30, 1996. Further, the Act does not 
contemplate any preference based on priority date or date of filing other than 
December 30, 1996. Therefore, any record of any other date would not be 
significant or material in this permitting scheme. 
General. One commenter urged the Authority to delay any action on the proposed 
rules because the rules and the Act infringes on Federal Constitutional 5th 
amendment rights. 
Agency Response: The Texas Supreme Court has already ruled in Barshop v. Medina 
Underground Water Conservation District that the Act does not on its face 
unconstitutional infringe or impair vested property rights. The court reserved 
for future consideration a determination of whether the Act unconstitutionally 
infringes upon or impairs vested property rights as applied. The Authority 
believes that these rules when applied are a reasonable and valid exercise of 
its powers. Further, the Authority is required to carry out these permitting 
activities by its enabling legislation. Accordingly, the Authority will not 
delay the implementation of these rules. 
General. One commenter indicated that there are some circumstances in which 
irrigators' property rights are not protected and the sentence in the proposal 
preamble which states: "These rules will not deny any real property owner of all 
economically viable use of land or eviscerate any vested property rights..." is 
at least unnecessary and probably incorrect. 
Agency Response: The Authority believes that these rules in and of themselves do 
not eviscerate any vested property rights. The Texas Supreme Court in Barshop v. 
Medina Underground Water Conversation District recognized that Texas Courts have 
not previously considered the point at which water regulation unconstitutionally 
invades the property rights of landowners. The Authority believes that these 
procedural regulations do not unconstitutionally invade the property rights of 
landowners who have historically withdrawn water from the Edwards Aquifer. These 
rules merely provide the process, the procedural due process, for the regulation 
of the use of that property in the future. For these reasons, the staff of the 
Authority believes that no modification of the above-described wording is 
needed. 
General. One commenter indicated that many irrigators have expressed opinions 
related to the complexity of these rules making self-representation almost 
impossible. The Authority may have intended for the rules to be designed for the 
protection of individuals' legal rights but many persons feel intimidated by the 
complicated procedures incorporated within these rules to the point that they 
feel compelled to hire a lawyer just to protect their existing property rights. 
Agency Response: The Authority has made every effort to insure that the rules 
are reasonable, equitable and provide sufficient due process. The staff has held 
numerous workshops throughout the region to assist filers in filling out the 
necessary forms. The staff will continue to hold these workshops and make 
themselves available to the public. 
General. One commenter stated that the rules do not have any provision for 
compensation as a result of a taking of water rights. 
Agency Response: The proposed rules are promulgated for the purposes of 
providing the public and the agency with a procedure for the filing, processing 
and review of permit applications for initial regular permits as well as to 
provide an opportunity for a hearing and a final appealable decision on such 
applications. Any potential taking and related measure of compensation as a 
result of implementation of the act by these rules would be decided by a court 
and brought in the form of individual actions. Therefore, a provision for 
compensation is not needed in these rules. 
General. One commenter stated that a separate permit should be issued for each 
well co-owner, if desired, otherwise a sale, lease or other transaction to 
transfer the water withdrawal permit may be impeded unless all co-owners agree 
to the transfer. 
Agency Response. The Authority has already adopted a rule in subchapter B of 
Chapter 701, sec.701.17 (relating to Joint Application) which addresses this 
issue. The Authority has already determined that in the event of multi-party 
ownership in a well that the co-owners should submit a joint application and one 
permit will be issued to the joint applicant. Should a dispute between the co-
owners arise, the parties to that dispute must resolve the issue informally or 
resort to district court. 
Section 701.31. One commenter said that the Authority should add to the 
definition of the term "Beneficial use without waste" the following "...as the 
term waste is defined by sec.1.03(21) of the Act." 
Agency Response: The staff believes that the term waste is generally governed by 
the definition set forth in sec.1.03(21) of the Act and that a separate 
statement in this section to that effect is not necessary. After further study, 
the staff recommends the insertion of the term "additional" definitions to the 
title of this section to make clear that these definitions are in addition to 
the definitions adopted in sec.701.1 and both sets of definitions apply equally 
throughout the chapter. 
Section 701.51. De Minimis Users. The Authority proposed this rule to expand the 
statutory small well exemption to apply to any well regardless of the particular 
use of the water. Section 1.33 of the Act provides that "A well that produces 
25,000 gallons of water a day or less for domestic or livestock use is exempt 
from metering requirements." For the purposes of permitting, the Act specifies 
that only wells for domestic and livestock use are exempt.
Agency Response: On advice from legal counsel, the Board will not adopt 
sec.701.51 because only an owner of a well that produces 25,000 gallons of water 
per day or less and the water produced is used for domestic and livestock 
purposes is exempt from filing a declaration for historic use according to 
sec.1.15 of the Act. Therefore, the staff recommends the withdrawal of this rule 
in its entirety. 
Section 701.53. Interim Authorization. The staff recommends that the term 
"withdraws" in sec.701.53(a) be changed to "withdrew" to correct the tense of 
that word. Staff also recommends the addition of sec.701.53(b)(3) to clarify 
that the amount of water withdrawal right authorized by the interim 
authorization may be modified by the issuance of an initial determination 
permit. With the addition of sec.701.53(b)(3) the following Subsection was 
renumbered, so that sec.701.53(b)(3), as proposed, is renumbered to 
sec.701.53(b)(4) as adopted. 
Section 701.55. Receipt and Filing of Application. The staff recommends the 
addition of sec.701.55(c) that provides for the issuance of a statement to each 
applicant setting forth his interim authorization in order to clearly notify the 
applicant of his authority to use that amount of water. 
Sections 701.58 and 701.59. Application Complete and Application Incomplete. One 
commenter indicated that these sections relate to the duty of the Edwards 
Aquifer Authority to preliminarily review each application for administrative 
completeness but fail to place a timeline for when this review will take place 
or when notice of such review is to be given to the applicant. 
Agency Response: The staff agrees with the comment that a timeline is needed 
which provides when the preliminary review will be complete or when notice of 
such review is to be given to the applicant. The staff is not yet clear about 
the number or complexity of the claims that will be filed by December 30, 1996. 
It is the staff's intention and to the Authority's benefit to process the 
declarations of historical use as soon as possible after December 30, 1996. The 
Staff recognizes the need for such a deadline and recommends that a deadline for 
determining application completeness should be March 1, 1997. The staff has also 
corrected a reference to a rule by changing "sec.701.19" to "sec.701.21" 
(relating to Information Required in Application) in sec.701.58. Section 701.72. 
Supplementation of Application. A commenter pointed out that a reference to 
"sec.701.33" and a reference to "sec.701.64" are misstated. 
Agency Response: The staff agrees that the reference to "sec.701.33" should be 
changed to "sec.701.73" (relating to Request of Additional Information) and the 
reference to "sec.701.64" should be changed to "sec.701.124" (relating to 
Evidence at Contested Case Hearing). 
Section 701.73. Request for Additional Information. One commenter suggested the 
inclusion of the following language at the end of subsection (a) "...unless the 
applicant can show good cause for the failure to submit the requested 
information. If good cause is shown the general manager shall extend the 
deadline for a reasonable period of time." In addition, the reference to 
"sec.701.34" is misstated. 
Agency Response: The staff agrees that the reference to "sec.701.34" should be 
changed to "sec.701.74" (relating to Technical Review). Section 701.72 already 
provides that the general manager may allow additional time for applicants to 
provide any additional information concerning their application until April 1, 
1997, upon a showing of good cause. The staff believes that this is enough time 
to provide any additional information that is needed to complete the technical 
review process. In addition, staff has corrected the grammar of sec.701.73(a) by 
changing "the" chapter to "this" chapter. Section 701.74. Technical Review. 
Several commenters pointed out that the references to "sec.701.35", 
"sec.701.36", "sec.701.42" and "sec.701.61" are misstated. One commenter 
indicated that the general manager does not have the authority under the Act to 
reduce the amount of the withdrawal floors under sec.701.74(d)(2)(C). 
Agency Response: The staff agrees that the references to "sec.701.35", 
"sec.701.36", "sec.701.42" and "sec.701.61" should be changed to "sec.701.75" 
(relating to Initial Determination), "sec.701.76" (relating to Notice of Initial 
Determination), "sec.701.92" (relating to Determination of Amount of Water 
Available for Permitting) and "sec.701.121" (relating to Filing Protests), 
respectively. The purpose of sec.701.74(d)(2)(C) is to allow the authority to 
adjust permit withdrawal amounts upon issuance of a final decision by the 
Authority after all contested case hearings are concluded. By statute, the 
Authority may permit on an annual basis up to 450,000 acre feet of water 
withdrawals from the Edwards Aquifer by the initial regulatory permit process. 
If the water withdrawal right of one applicant increases or decreases as the 
result of a contested case, the withdrawal rights of other applicants will 
correspondingly increase or decrease provided no permit withdrawal floor 
applies. Therefore, the Authority must have the discretion to reallocate water 
withdrawal rights at the time a final decision is rendered on all contested 
cases. In addition, the staff recommends that a provision be added at the end of 
sec.701.74(b) that provides access to the site by the general manager to verify 
information submitted in support of an application. Staff also recommends after 
further study that the term "permit" be added to the phrase "initial 
determination" throughout these rules. The purpose of this change is to 
substitute the term "initial determination permit" for the term "proposed 
permit". The initial determination under the rules encompasses all the elements 
of a proposed permit. Staff recommends this change as it is in substance the 
proposed permit. The first place this term appears is in sec.701.74(d)(2)(D). 
This is a global change that will appear throughout this section and other 
sections of these rules. Staff recommends that the words "and rate" be deleted 
from sec.701.74(d)(1)(C) as the users' historical rate of withdrawal is relevant 
to, and therefore implied by, a determination of beneficial use without waste. 
The rate of withdrawal will be separately stated in the initial determination 
permit and final permit. A typo is corrected in sec.701.74(d)(2)(F) changing 30 
to 45 days indicating the appropriate length of time to file a protest. Finally, 
staff has made a grammatical correction in sec.701.74(b) by changing 
"application" to "applicant". 
Section 701.75. Summary of Initial Determination Permits. One commenter 
indicated that in sec.701.75(b)(1) the wording "rate of withdrawal" be deleted 
because it is not applicable in the application process. 
Agency Response: Staff disagrees that the wording in sec.701.75(b)(1) concerning 
"rate of withdrawal" be removed. Section 1.15 of the Act requires the Authority 
to issue a permit in terms of amount of authorized withdrawal and maximum rate 
of withdrawal. Indeed, staff recommends changing "and rate of withdrawal 
claimed" to the "maximum rate of withdrawal" to more accurately reflect the 
statutory language. Other changes to sec.701.75 include correction of a 
reference to rule section, "sec.701.51" to "sec.701.101" (relating to 
calculation of Initial Determination Permit Withdrawal Amounts), addition of the 
term "permit" to initial determination, addition of the term "summary of" to 
initial determination permits to distinguish between a reference to each 
individual initial determination and the document which represents the 
collection or summary of all initial determinations, grammatical corrections, 
corrections to the title of sections referenced, and substitution of "initial 
determination permit" for "proposed permit". Finally, the staff recommends that 
sec.701.75(b)(4) be deleted as it is redundant of other provisions in the rules. 
Section 701.76. Notice of Initial Determination Permits. Several commenters 
suggested that sec.701.76(b)(3) should be changed as only applicants should be 
allowed to contest the initial determination. 
Agency Response. Staff agrees with the comment that only applicants should be 
allowed to contest their application or another application and, therefore, the 
rules have been modified to provide that an applicant who has timely filed an 
application may protest an initial determination on his application or the 
application of another. After further review, staff has made other changes to 
701.76 to correct a reference to "sec.701.61" to "sec.701.121" (relating to 
Filing Protests), add the term "permit" to initial determination and "summary 
of" initial determination, where applicable, make grammatical corrections where 
needed, and deleted surplus or unnecessary language. 
Section 701.77. Uncontested Applications Submitted to Board. One commenter 
suggested that the language in sec.701.77(b) which states: "The board may refer 
an uncontested application to a contested case hearing by written order stating 
the specific issues the board wishes to submit to the hearing" is unclear as to 
the purpose of this rule and is too far-reaching and ambiguous. Other commenters 
suggest that final permits for applicants for an irrigation floor could be 
issued early as they will not be reduced by any later proportionate reduction 
calculation. 
Agency Response: The staff agreed with these comments and recommends striking 
sec.701.77(b) and adding language that provides for early issuance of a final 
permit for those applicants claiming the irrigation floor and issuance of a 
final permit with a special condition stating that the water withdrawal right 
may be subject to later adjustment for all other applicants. 
Section 701.92. Determination of Amount of Water Available for Permitting. Staff 
recommends the correction of a typo by changing the word "discharge" to 
"recharge." 
Section 701.94. Criteria for Technical Review. One commenter suggested that the 
language in sec.701.94(a) which states: "Withdrawal of water which is 
substantially in excess of the volume or rate reasonable required for a 
particular use will be presumed to constitute waste" should be deleted because 
it is not supported by the definition of waste in the Act. Another commenter 
indicated that sec.701.94(d) should be deleted because there is no connection to 
the capacity of the well and its beneficial use without waste. 
Agency Response: Staff believes that sec.701.94(a) is supported under 
sec.1.03(4) of the Act which states: "beneficial use means the use of the amount 
of water that is economically necessary for a purpose authorized by law, when 
reasonable intelligence and reasonable diligence are used in applying the water 
to that purpose" and sec.1.03(21)(A) of the Act which defines waste as, "the 
flowing or producing of wells from the aquifer if the water produced is not used 
for a beneficial purpose". Because the withdrawal of water which is 
substantially in excess of the volume or rate reasonably required for a 
particular use is not defined as beneficial, it is therefore waste. Staff agrees 
with the comment concerning sec.701.94(d) for the reason stated by the 
commenter. Staff recommends deleting sec.701.94(d) from the rules.
Section 701.98. Permit Withdrawal Floor. One commenter objected to the floors 
language provided in this section, and further stated that there should be 
further language to protect those users that do not qualify under the irrigation 
withdrawal floor or the historical average withdrawal floor. The commenter 
stated that all timely filed applications for historical use should receive 
protection against proportional reduction. 
Agency Response: Staff believes that the language set forth in the rules is 
consistent with sec.1.16 of the Act. However, staff does see a need to further 
investigate alternatives that the Authority may have in adjusting the permit cap 
of 450,000 acre-feet per year in order to meet obligations of the Authority to 
honor permit withdrawal floors. A proposed new rule to address the potential 
requirement of the board to issue more than 450,000 acre-feet for permitting 
will need to be placed before the public to receive comment before the Authority 
can adopt such a rule. 
Section 701.101. Calculation of Initial Determination of Permit Withdrawal 
Amounts. One commenter indicated that the language in sec.701.101(a) which 
states: "The general manager will determine proposed permit withdrawal amounts 
by proportionately reducing each applicant's maximum historical use to reflect 
the amount of water available for permitting," assumes that the proposed permit 
withdrawal amounts will exceed the amount of water available for permitting.
In sec.701.101(d), the commenter also suggested deletion of the last sentence 
which provides: "If because of permit withdrawal flow, W still exceeds P, the 
general manager will continue to apply this reduction approach to individual 
permit withdrawal amounts until W equals P." 
Agency Response: Staff believes the wording should be changed in sec.701.101(a) 
to read: "In the event that the total of all declaration of historical use 
amounts exceed the amount of water available for permitting as defined in 
sec.701.94 of this chapter, the general manager will reduce each applicant's 
proposed permit withdrawal amount in accordance with the reduction formula 
described in the section." The staff disagrees with the comment on 
sec.701.101(d) but suggests that wording in the last sentence in sec.701.101(d) 
be modified to read, "The general manager will continue to apply the reduction 
to those applications that have not reached their permit floors until W equals P 
or until no further reductions can be accomplished to meet the amount of water 
available for permitting." This new language recognizes that the permit 
withdrawal floors will be protected. A reference to "sec.701.42" is corrected to 
"sec.701.92" (relating to Determination of Amount of Water Available for 
Permitting). After review the staff recommends that the first sentence of 
sec.701.101(d) and sec.701.101(e) be rewritten to clarify the meaning of those 
sentences and subsections. 
Section 701.102. General and Special Permit Terms. In sec.701.102(a)(6), one 
commenter suggested that pumping information of industrial users required to be 
provided to the EAA be treated as confidential under the Texas Open Records Act, 
as proprietary in nature. One commenter suggested that the language in 
sec.701.102(a)(10) which states: "The permit will remain in effect until it is 
abandoned, canceled, or retired" should be deleted because the wording is not 
consistent with the Act. 
Agency Response: sec.701.102(a)(6) applies to all users and is required under 
the Act. The question about whether the authority must or may treat this 
information as proprietary under the Texas Public Information Act is not within 
the scope of this set of rules. The Authority will treat each request to handle 
such information separately as provided under the Texas Public Information Act 
as the request is made. The staff also believes that the wording in 
sec.701.102(a)(10) which states: "The permit will remain in effect until it is 
abandoned, canceled, or retired" is consistent with sec.1.23(g) of the Act which 
states: "The authority shall issue an initial regular permit without a term, and 
an initial regular permit remains in effect until the permit is abandoned, 
canceled, or retired." Therefore, the staff does not recommend a change based on 
these comments. 
Section 701.121. Filing Protests. One commenter expressed concern that the 
Authority should set out in its rules who are "affected persons" entitled to 
participate in permit protest hearings. That commenter felt that the undefined 
term could result in no limits on potential protestants and intervenors and that 
defining the requisite interest for participation would go far in properly 
focusing the issues in any contested case. Leaving the scope of protests 
undefined may allow an administrative law judge to conclude the rules allow 
global protests and challenges to become part of an individual permit case. The 
commenter also recommended that each protest of an individual initial 
determination must be filed separately. Two commenters supported the limitation 
of standing to any applicant or affected person within the geographic boundaries 
of the Authority, while another commenter believed that only the applicant 
should be able to protest the applicant's initial determination. 
Agency Response: The staff agrees that only the applicant or a competing 
applicant who has timely filed an application for initial regular permit should 
be able to file a protest or an initial determination permit and, therefore, 
recommends a change to sec.701.121(a) to that effect. The staff agrees that each 
protest of an individual initial determination should be filed separately, 
therefore, the following language is recommended to be added to sec.701.121(f): 
"A separate protest must be filed on each contested individual initial 
determination permit." Other changes to this section include the correction of a 
typo from "30th" to "45th" day, the insertion of the terms initial determination 
"permits" and "summary of" initial determination permits, and the correction of 
the numbering of two subsections as subsection (d). 
Section 701.122. Board Review of Protests. One commenter pointed out that the 
reference to "sec.701.61" is misstated. 
Agency Response: Staff agrees that "sec.701.61" should be changed to 
"sec.701.121" (relating to Filing of Protests). 
Section 701.124. Evidence at Contested Case Hearing. After review the staff 
recommends that the term "initial determination" as used in sec.701.124(b) be 
changed to "application" as the applicant may not agree with the initial 
determination in all cases. 
Section 701.125. Notice of Hearing. After review, the staff recommends that the 
language "to the initial determination" which appears in the first sentence of 
this section be struck as it is surplusage. 
Section 701.126. Preliminary Hearing. After review, the staff recommends the 
following clean-up changes to this section: insert the term initial 
determination "permit", where applicable, delete the clause "has a justifiable 
interest" in sec.701.126(b) and insert "is an applicant who has timely filed an 
application for an initial regular permit" in order to reflect changes made in 
sec.701.121 (relating to Filing Protests), substitute "General Manager" for the 
"Authority", and correct the grammar of sec.701.126(d) to clarify the automatic 
parties in a contested case hearing. 
Section 701.127. Procedure at Protest Hearing. One commenter indicated that only 
applicants are proper parties in contested case hearings. 
Agency Response: Staff disagrees with the comment and instead believes that the 
applicant, the protestant who is a timely filed applicant for an initial regular 
permit, other competing applicants, and the General Manager of the Edwards 
Aquifer Authority are proper parties in contested case hearings. Section 
701.130. Burden of Proof. One commenter indicated the burden of proof should 
remain with the protestant at all times. 
Agency Response: Staff believes that the burden of proof is properly stated. 
Once a protestant demonstrates a dispute exists on a stated fact or a fact 
necessarily implied by the initial determination permit, the applicant has the 
burden to prove that fact by a preponderance of the evidence. It is the 
applicant's application and his responsibility to prove it. Staff also 
recommends some cleanup changes to this section to insert the term initial 
determination "permit" where appropriate. 

SUBCHAPTER C. Filing and Notices
31 TAC sec.sec.701.31-701.35
The Authority adopts these rules under the Edwards Aquifer Authority Act, 
chapter 626, 73rd Legislature, Regular Session (1993), as amended (the "Act"), 
the Authority's powers and duties under the Act to promulgate rules and to 
implement and enforce the Act's permitting requirements (Act sec.sec.1.08, 1.11, 
1.14 - 1.17), Chapter 36 of the Texas Water Code, and the Conservation Amendment 
of the Texas Constitution, Article 16, sec.59.
The adopted sections implement the Edwards Aquifer Authority Act, chapter 626, 
73rd Legislature, Regular Session (1993), sec.sec.1.08, 1.10, 1.14 - 1.17. 

sec.701.31. Additional Definitions. 
The following words and terms when used in this chapter shall have the following 
meanings, unless the context clearly indicates otherwise. 
APA - The Administrative Procedures Act, Texas Government Code, chapter 2001. 
Application - A permit application along with any information, documents, and 
attachments timely submitted in support of the application by the applicant. The 
term "application" includes a timely filed declaration of historical use. 
Beneficial use without waste - Use of the amount of water economically necessary 
for a lawful purpose, when reasonable intelligence and reasonable diligence are 
used in applying the water to that purpose, and the use does not constitute 
waste.
Contested case hearing - An evidentiary hearing governed by these rules and the 
APA . 
Historical period - The 21-year period from June 1, 1972, through May 31, 1993. 
Permit withdrawal floor - The amount of underground water an initial regular 
permit holder is assured against any required proportional reduction to meet the 
amount available for permitted withdrawals, because such holder either irrigated 
during any year of the historical period and is entitled to the "irrigation 
withdrawal floor" or operated a well for three or more years during the 
historical period and is entitled to the "historical average withdrawal floor," 
in accordance with sec.1.16(e) of the Act.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on January 28, 1997.
TRD-9701320
Rick Illgner
General Manager
Edwards Aquifer Authority
Effective date: February 18, 1997
Proposal publication date: November 12, 1996
For further information, please call: (210) 222-2204

SUBCHAPTER D. Administrative Review of Declarations of Historical Use
31 TAC 701.52-701.59
The Authority adopts these rules under the Edwards Aquifer Authority Act, 
chapter 626, 73rd Legislature, Regular Session (1993), as amended (the "Act"), 
the Authority's powers and duties under the Act to promulgate rules and to 
implement and enforce the Act's permitting requirements (Act sec.sec.1.08, 1.11, 
1.14 - 1.17), Chapter 36 of the Texas Water Code, and the Conservation Amendment 
of the Texas Constitution, Article 16, sec.59. The adopted sections implement 
the Edwards Aquifer Authority Act, chapter 626, 73rd Legislature, Regular 
Session (1993), sec.sec.1.08, 1.10, 1.14 - 1.17.

sec.701.53. Interim Authorization. 
(a) A person who owned a producing nonexempt well that withdrew water from the 
aquifer on June 28, 1996 may, pursuant to sec.1.17 of the Act, continue to 
withdraw and beneficially use water from the well until final action on permits 
by the Authority, if: 
(1) the well is in compliance with all statutes and rules relating to well 
construction, approval, location, spacing and operation; and 
(2) the person timely files an application in compliance with this chapter. 
(b) Use under interim authorization 
(1) may not exceed on an annual basis the historical maximum beneficial use of 
water without waste during any one calendar year of the historical period as 
evidenced by the declaration submitted as part of the application; 
(2) is subject to the comprehensive management plan and other plans or rules 
adopted by the Authority; 
(3) is modified by issuance of an initial determination permit; and 
(4) ends on entry of a final and appealable order by the authority acting on the 
application, or on December 30, 1996, if the person has not filed a declaration 
of historical use. 

sec.701.55. Receipt and Filing of Application. 
(a) Applications and any other papers submitted by an applicant in connection 
with an application will be date stamped "RECEIVED" by the docket clerk at the 
time that they are received by the Authority. 
(b) Subject to the timely payment of a required fee, if any, and subject to 
sec.701.18 of this title (relating to filing of declarations of historical use), 
any application papers submitted in support of an application, including but not 
limited to any request, motion, response to request for additional information, 
or protest, will be considered filed on the day deposited in the mail or, in the 
case of personal delivery, the date actually received by the Authority. 
(c) As soon as practicable after receipt, the Authority shall issue a statement 
to each applicant setting forth the interim authorization for each timely filed 
application. The statement shall provide that the applicant may continue to 
withdraw water during the period of processing the application provided that the 
amount of water withdrawn does not exceed the amount of that applicant's 
historical maximum withdrawal and beneficial use of water without waste, and 
that the use under interim authorization is subject to the rules of the 
Authority. 

sec.701.58. Application Complete. 
Upon receipt of an application that appears to contain the information required 
by sec.701.21 of this title (relating to Information Required in Application), 
including any required attachments and supporting documentation, the general 
manager will declare the application administratively complete, and notify the 
applicant by March 1, 1997, that the application is administratively complete 
and will be submitted for technical review. 

sec.701.59. Application Incomplete. 
(a) Upon receipt of an application that appears not to contain the required 
information or is otherwise incomplete, the general manager will mail to the 
applicant a notice that the application is incomplete by March 1, 1997. 
(b) A notice that an application is incomplete will state what information or 
other action is required to make the application complete, state that the 
applicant must file the information or take the action within 30 days of the 
date of the notice, and state that the application will be submitted to 
technical review on the 31st day after the date of the notice based on 
information timely submitted in support of the application by that day. 
(c) On the 31st day after the notice of incomplete application, the incomplete 
application along with any other timely filed supporting papers will be 
submitted to technical review. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on January 28, 1997.
TRD-9701319
Rick Illgner
General Manager
Edwards Aquifer Authority
Effective date: February 18, 1997
Proposal publication date: November 12, 1996
For further information, please call: (210) 222-2204

SUBCHAPTER E. Technical Review and Initial Determination of
Declarations of Historical Use
31 TAC sec.sec.701.71-701.77
The Authority adopts these rules under the Edwards Aquifer Authority Act, 
chapter 626, 73rd Legislature, Regular Session (1993), as amended (the "Act"), 
the Authority's powers and duties under the Act to promulgate rules and to 
implement and enforce the Act's permitting requirements (Act sec.sec.1.08, 1.11, 
1.14 - 1.17), Chapter 35 of the Texas Water Code, and the Conservation Amendment 
of the Texas Constitution, Article 16, sec.59. The adopted sections implement 
the Edwards Aquifer Authority Act, chapter 626, 73rd Legislature, Regular 
Session (1993), sec.sec.1.08, 1.10, 1.14 - 1.17.

sec.701.72. Supplementation of Application.
(a) The applicant may submit further information in support of the application 
not later than 30 days following the date of the notice of administrative 
completeness, but may not submit such information after that time except as 
allowed or requested by the general manager pursuant to subsection (b) of this 
section or sec.701.73 of this title (relating to Request of Additional 
Information) or as provided in sec.701.124 of this title (relating to Evidence 
at Contested Case Hearing). 
(b) The general manager may upon good cause allow the applicant to submit 
additional information upon good cause shown no later than April 1, 1997. 

sec.701.73. Request for Additional Information. 
(a) If at any time prior to the completion of technical review on all timely 
filed applications in accordance with sec.701.74 of this title (relating to 
Technical Review) the general manager believes that additional information is 
necessary or helpful to complete review of an application, the general manager 
will request the applicant to provide such information within 30 days of the 
date of the request. 
(b) A request for additional information under this section extends the deadline 
for completion of technical review by 30 days. 
(c) If the applicant fails to timely provide requested additional information, 
the technical review of the application will be concluded based on information 
previously provided by the applicant. 

sec.701.74. Technical Review. 
(a) When an application has been declared administratively complete (or the 31st 
day after the date of notice of incomplete application), it will be submitted to 
the staff for technical review. 
(b) The purpose of technical review is to determine if and to what extent the 
applicant convincingly establishes the applicant's claimed amount of withdrawals 
and beneficial use without waste of underground water from the Edwards Aquifer 
during the historical period entitling the applicant to an initial regular 
permit in accordance with the Act and this chapter. The general manager or his 
designee is entitled to enter any public or private property at any reasonable 
time upon reasonable notice for the purpose of inspecting, investigating, or 
verifying conditions or information submitted in support of an application for a 
permit filed pursuant to this chapter.
(c) Technical review of the application will be completed within 90 days of the 
date the application is declared administratively complete (or within 90 days 
after the 31st day after the date of notice of incomplete application), unless 
that time is extended by a request for additional information by the general 
manager in accordance with sec.701.73 of this title (relating to Request for 
Additional Information). 
(d) Promptly following the completion of technical review, the general manager 
will notify the applicant that technical review of the application has been 
completed. The notice will contain: 
(1) An application summary that states the following preliminary findings, if 
applicable: 
(A) the total maximum amount of annual historical usage claimed by the 
applicant; 
(B) the type or types of water use upon which the claim is based; 
(C) the total maximum volume of water withdrawn and beneficially used without 
waste during any one calendar year of the historical period determined to be 
established by convincing evidence; 
(D) the type and amount of permit withdrawal floor or floors for which the 
applicant seeks to qualify; 
(E) the type and amount of permit withdrawal floor determined to be established 
by convincing evidence; 
(F) any equitable adjustment made because the applicant's historic water use was 
affected by a requirement of or participation in a federal program; and 
(G) any other determinative factors bearing on the preliminary findings. 
(2) A statement that: 
(A) The general manager may modify the preliminary findings and seek additional 
information from the applicant in the course of conducting technical review of 
other applications. 
(B) The general manager may proportionately reduce the total amount of annual 
historical usage established by convincing evidence in the application, subject 
to any application permit withdrawal floor, to reflect the amount of water 
available for permitting in accordance with sec.701.92 of this title (relating 
to Determination of Amount of Water Available for Permitting), and that this 
proportional reduction cannot be made until technical review of all timely filed 
applications has been completed. 
(C) The general manager may further adjust the permit withdrawal amount after a 
final decision is rendered on all timely filed applications, to the extent the 
permit withdrawal amount exceeds any applicable permit withdrawal floor. 
(D) The general manager will issue an initial determination permit on all 
timely-filed applications when technical review is complete on all such 
applications, in accordance with sec.701.75 of this title (relating to Initial 
Determination Permit). 
(E) The general manager will notify the applicant of the initial determination 
permit and publish notice of same in the Texas Register in accordance with 
sec.701.76 of this title (relating to Notice of Initial Determination Permits); 
and 
(F) The applicant may file a protest and request for contested case hearing on 
or before the 45th day following the publication of notice in the Texas Register 
in accordance with sec.701.121 of this title (relating to Filing Protests), and 
that protests filed prior to such publication of notice will not be acted upon 
until after such publication. 

sec.701.75. Summary of Initial Determination Permits.
(a) Within 15 days after technical review on all applications has been 
completed, the general manager will determine recommended permit withdrawal 
amounts in accordance with sec.701.101 of this title (relating to Calculation of 
Initial Determination Permit Withdrawal Amounts), and prepare a summary of 
initial determination permits for all timely filed applications.
(b) The summary of initial determination permits will consist of the following: 
(1) a matrix of all claims presented in such applications that shows at least 
the following information: application identification number, principal type of 
use (agricultural, municipal, industrial, or other), amount of maximum 
historical beneficial use without waste, the maximum rate of withdrawal, the 
proposed permit withdrawal amounts, the type and amount of permit withdrawal 
floor claimed and recommended, and, if denial of the application is recommended, 
the reason for the denial; 
(2) the final application summaries prepared by the general manager after the 
conclusion of the technical review period with respect to each application 
represented in the matrix; 
(3) an initial determination permit for each application setting forth permit 
withdrawal amounts, terms, and conditions. 

sec.701.76. Notice of Initial Determination Permits.
(a) The general manager will send a copy of the application summary and initial 
determination permit to the applicant, and will publish notice of the summary of 
initial determination permits in the Texas Register and in newspapers of general 
circulation throughout the Authority. 
(b) The published notice of the summary of the initial determination permits 
shall state: 
(1) the initial determination permits on all timely filed applications have been 
issued by the Authority, and that a copy of each initial determination permit is 
available for inspection by the public;
(2) the initial determination permit will become final with respect to any 
application, subject to any pro rata adjustments, unless the initial 
determination permit is timely contested in accordance with this section; 
(3) any applicant who has timely filed for an initial regular permit may contest 
an initial determination permit by filing with the Authority, on or before the 
45th day following the publication of notice of the summary of initial 
determination permits in the Texas Register, a written and verified protest of 
an initial determination permit in accordance with sec.701.121 of this title 
(relating to Filing Protests); and 
(4) until the Authority enters a final and appealable order on the application, 
the applicant's interim authorization to withdraw water is modified by the 
amount equal to that applicant's initial determination permit. 

sec.701.77. Uncontested Applications Submitted to Board. 
(a) Promptly after the last day for filing protests of initial determination 
permits, the general manager shall submit to the board for review and approval 
all uncontested initial determination permits. 
(b) The Board shall issue to all holders of an uncontested initial determination 
permit that seek a water withdrawal right based on the two acre foot per acre 
irrigation withdrawal floor a final permit. 
(c) With respect to a holder of an uncontested initial determination permit that 
seeks a water withdrawal right on any basis other than as stated in subsection 
(b) of this section, the board shall issue a final permit with a condition 
stating that the water withdrawal right is subject to adjustment as a result of 
a final decision has been rendered in all contested case hearings and shall 
state the formula for calculating that adjustment. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on January 28, 1997.
TRD-9701318
Rick Illgner
General Manager
Edwards Aquifer Authority
Effective date: February 18, 1997
Proposal publication date: November 12, 1996
For further information, please call: (210) 222-2204

SUBCHAPTER F. Initial Regular Permit Amounts and Terms
31 TAC sec.sec.701.91-701.102
The Authority adopts these rules under the Edwards Aquifer Authority Act, 
chapter 626, 73rd Legislature, Regular Session (1993), as amended (the "Act"), 
the Authority's powers and duties under the Act to promulgate rules and to 
implement and enforce the Act's permitting requirements (Act sec.sec.1.08, 1.11, 
1.14 - 1.17), Chapter 36 of the Texas Water Code, and the Conservation Amendment 
of the Texas Constitution, Article 16, sec.59. The adopted sections implement 
the Edwards Aquifer Authority Act, chapter 626, 73rd Legislature, Regular 
Session (1993), sec.sec.1.08, 1.10, 1.14 - 1.17. 701.91. Applicability. This 
subchapter governs the determination of amounts of withdrawals authorized by 
initial regular permits and the terms of those permits. 

sec.701.92. Determination of Amount of Water Available for Permitting. 
(a) If the board determines from time to time that there are additional supplies 
available from the aquifer through studies and implementation of water 
management strategies, including conservation, springflow augmentation, 
diversions downstream of the springs, reuse, supplemental recharge, conjunctive 
management of surface and subsurface water, and critical period management 
plans, the board may increase the maximum amount of permitted withdrawals and 
set a different maximum amount of withdrawals in accordance with sec.1.14 of the 
Act. 
(b) Not later than the date the staff completes technical review of all timely 
filed declarations, the board will consider whether it should increase the 
maximum amount of permitted withdrawals and set a higher maximum amount of 
withdrawals in accordance with sec.1.14(d) of the Act. 

sec.701.94. Criteria for Technical Review. 
(a) Withdrawal of water which is substantially in excess of the volume or rate 
reasonably required for a particular use will be presumed to constitute waste. 
(b) Irrigation use of two acre feet of water per irrigated acre will be presumed 
not to constitute waste. 
(c) Use of water for irrigation of multiple or successive crops is a beneficial 
use to the extent it does not constitute waste. 
(d) Any presumption stated in this section may be rebutted by convincing 
evidence. 

sec.701.101. Calculation of Initial Determination Permit Withdrawal Amounts. 
(a) In the event that the total of all declarations of historical use amounts 
exceed the amount of water available for permitting as defined in sec.701.94 of 
this title (relating to Maximum Historical Use), the general manager will reduce 
each applicant's proposed permit withdrawal amount in accordance with the 
reduction formula described in this section.
(b) The amount of water available for permitting is 450,000 acre feet per 
calendar year unless the board establishes a higher amount in accordance with 
sec.701.92 of this title (relating to Determination of Amount of Water Available 
for Permitting). 
(c) An applicant's proposed permit withdrawal amount will not be set below that 
applicant's permit withdrawal floor. 
(d) In the event that the total maximum historical use exceeds the amount of 
water available for permitting, the General Manager will proportionately reduce 
the maximum historical use by calculating each initial determination permit 
amount (p) by using the following formula: multiply the applicant's maximum 
historical use (h) by the quotient of the total amount of water available for 
permitting (P) divided by the aggregate amount of approved historical use claims 
(C): h x P/C = p. Each applicant's permit withdrawal amount will then be reduced 
to p, or the applicable permit withdrawal floor, whichever is higher. The 
general manager will then calculate the resulting aggregate amount of permit 
withdrawal amounts (W). The general manager will continue to apply the reduction 
formula to each application that has not been reduced to its respective permit 
withdrawal floor until W equals P or until no further reductions can be 
accomplished to meet the amount of water available for permitting. 
(e) After a final decision in all contested case hearings have been rendered, a 
final calculation to proportionately reduce each applicant's permitted 
withdrawal amount will be performed in accordance with their permit condition. 
Any final calculations cannot be contested in any contested case hearing. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on January 28, 1997.
TRD-9701317
Rick Illgner
General Manager
Edwards Aquifer Authority
Effective date: February 18, 1997
Proposal publication date: November 12, 1996
For further information, please call: (210) 222-2204

SUBCHAPTER G. Hearings Process
31 TAC sec.sec.701.121-701.131
The Authority adopts these rules under the Edwards Aquifer Authority Act, 
chapter 626, 73rd Legislature, Regular Session (1993), as amended (the "Act"), 
the Authority's powers and duties under the Act to promulgate rules and to 
implement and enforce the Act's permitting requirements (Act sec.sec.1.08, 1.11, 
1.14 - 1.17), Chapter 36 of the Texas Water Code, and the Conservation Amendment 
of the Texas Constitution, Article 16, sec.59. The adopted sections implement 
the Edwards Aquifer Authority Act, chapter 626, 73rd Legislature, Regular 
Session (1993), sec.sec.1.08, 1.10, 1.14 - 1.17.

sec.701.121. Filing Protests.
(a) Any applicant who has timely filed an application for an initial regular 
permit who disputes the initial determination permit on that person's or another 
person's application may, following the publication of notice of initial 
determination permits in the Texas Register , but no later than the 45th day 
following such publication of notice, file a written protest with the Authority, 
stating with reasonable specificity the grounds of the protest and a request for 
a contested case hearing. 
(b) A protestant may object only to the fact or facts which serve as the 
foundation for, or are necessarily implied by, an initial determination permit. 
(c) The statement filed to protest an initial determination permit must be 
verified by an affidavit of the protestant or his agent.
(d) The protest must set forth facts showing on a prima facie basis that the 
person is affected by an initial determination permit and that the person is 
reasonably entitled to a hearing on a fact or facts described in subsection (b) 
of this section. 
(e) If the protest is directed against an initial determination permit of an 
applicant other than the protestant, a copy shall be served on each such 
applicant or applicant's attorney by certified mail, and proof of service shall 
be filed with the docket clerk of the Authority. 
(f) No protest will be acted upon by the Authority prior to the date notice of 
the summary of initial determination permits is published in the Texas Register. 
(g) A separate protest must be filed on each contested individual initial 
determination permit. 

sec.701.122. Board Review of Protests. 
(a) The board shall review a timely filed protest to determine whether it 
complies with sec.701.121 of this title (relating to Filing of Protests). 
(b) After review of all timely filed protests, the board shall refer to a 
contested case hearing before an administrative law judge of the State Office of 
Hearings Examiners those protests which comply with sec.701.121 of this title 
(relating to Filing of Protests) and deny those protests which the board finds 
do not so comply. 
(c) The board's order to deny a protest shall be in writing and shall state the 
basis for the denial and is a final appealable order pursuant to the APA. If the 
board finds that a protest of an application is groundless or filed in bad 
faith, it shall so state in its order and shall assess the costs of reviewing 
the protest against the person who filed it. 
(d) The board's decision to refer a protest does not constitute approval of or 
support for the merits of the protest. The board's decision to refer a protest 
merely indicates that the protestant has properly stated with reasonable 
specificity grounds for a contested case hearing and has satisfied the other 
requirements of sec.701.121 of this title (relating to Filing of Protests). 
(e) The board's order referring a protest shall include an order remanding to 
the State Office of Administrative Hearings a contested case hearing on the 
matters raised in each protest. 

sec.701.124. Evidence At Contested Case Hearing.
(a) A copy of the application certified by the docket clerk will be admitted in 
a contested case hearing. 
(b) The applicant may offer the following evidence at the contested case hearing 
in support of the application: 
(1) A certified copy of the application and all papers timely filed with the 
Authority in support of the application; 
(2) rebuttal and impeachment evidence; 
(3) evidence bearing on procedural and jurisdictional issues; 
(4) evidence which is newly discovered; and 
(5) any other relevant and material evidence that must be admitted under the 
Texas or United States Constitution. 
(c) Evidence is newly discovered and may be admitted as such under subsection 
(b) of this section if the evidence was discovered after technical review of the 
application was completed, the evidence is relevant material, and would probably 
affect the outcome of the hearing, and the applicant did not know or have reason 
to know about the evidence until it was discovered. 

sec.701.125. Notice of Hearing. 
The Authority shall prepare a notice that lists the protests that the board has 
referred to a contested case hearing, and states the time and place of the 
contested case hearings on the protests. Notice of the time and place of the 
hearings shall be published in the Texas Register and in newspapers of general 
circulation throughout the Authority and the area represented by the South 
Central Texas Water Advisory Committee at least thirty days before each hearing 
is scheduled to commence. Notice shall also be given to each person whose 
protest was referred to a contested case hearing or whose application is the 
subject of a referred protest not less than thirty days before the contested 
case hearing is scheduled to commence.

sec.701.126. Preliminary Hearing.
(a) The administrative law judge(s) shall hold a preliminary hearing to 
determine party status, determine the factual issues in dispute, and develop a 
schedule for the proceeding. 
(b) All persons seeking party status in a contested case hearing shall appear at 
the preliminary hearing and seek to be admitted as a party. A person seeking 
party status shall be prepared to demonstrate that the person is affected by the 
initial determination permit and is an applicant who has timely filed an 
application for an initial regular permit, as defined under applicable law. 
(c) An organization seeking to be admitted as a party must submit evidence in 
support of its interest. The administrative law judge will determine its party 
status based on the law of organizational standing.
(d) The applicant and the General Manager are parties in a contested case 
hearing involving that applicant's initial determination permit. 

sec.701.130. Burden of Proof. 
(a) The protestant challenging an initial determination permit must introduce 
some evidence that raises a genuine issue of disputed fact with respect to a 
factual finding stated or necessarily implied in an initial determination 
permit, in which case the proponent of the finding has the burden to support the 
finding by a preponderance of the evidence. If the protestant fails to introduce 
some evidence that raises a genuine issue of disputed fact with respect to a 
factual finding stated or necessarily implied in an initial determination 
permit, the finding shall be binding upon the parties. 
(b) The administrative law judge will limit the evidentiary portion of the 
hearing to the factual findings upon which the protestant has raised a genuine 
issue of disputed fact. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on January 28, 1997.
TRD-9701316
Rick Illgner
General Manager
Edwards Aquifer Authority
Effective date: February 18, 1997
Proposal publication date: November 12, 1996
For further information, please call: (210) 222-2204

SUBCHAPTER H. Post Hearing Process
31 TAC sec.sec.701.141-701.147
The Authority adopts these rules under the Edwards Aquifer Authority Act, 
chapter 626, 73rd Legislature, Regular Session (1993), as amended (the "Act"), 
the Authority's powers and duties under the Act to promulgate rules and to 
implement and enforce the Act's permitting requirements (Act sec.sec.1.08, 1.11, 
1.14 - 1.17), Chapter 36 of the Texas Water Code, and the Conservation Amendment 
of the Texas Constitution, Article 16, sec.59. The adopted sections implement 
the Edwards Aquifer Authority Act, chapter 626, 73rd Legislature, Regular 
Session (1993), sec.sec.1.08, 1.10, 1.14 - 1.17. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on January 28, 1997.
TRD-9701506
Rick Illgner
General Manager
Edwards Aquifer Authority
Effective date: February 18, 1997
Proposal publication date: November 12, 1996
For further information, please call: (210) 222-2204