By Counts H.B. No. 2850
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the management of water resources in the counties of
1-3 Atascosa, Bexar, Caldwell, Calhoun, Comal, DeWitt, Frio, Goliad,
1-4 Gonzales, Guadalupe, Hays, Jackson, Karnes, Kinney, Medina, Uvalde,
1-5 Victoria, and Wilson; making an appropriation.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. The Edwards Water Authority Act is adopted as
1-9 ARTICLE 1. GENERAL PROVISIONS
1-10 Sec. 1.01. PURPOSE. The purpose of this Act is to establish
1-11 an instrumentality for developing and effectuating a regional water
1-12 management program for the conjunctive use of surface and
1-13 groundwater within Atascosa, Bexar, Caldwell, Calhoun, Comal,
1-14 DeWitt, Frio, Goliad, Gonzales, Guadalupe, Hays, Jackson, Karnes,
1-15 Kinney, Medina, Uvalde, Victoria, and Wilson counties.
1-16 Sec. 1.02. FINDINGS AND DECLARATION OF POLICY. It is hereby
1-17 found and declared that the management of waters in Atascosa,
1-18 Bexar, Caldwell, Calhoun, Comal, DeWitt, Frio, Goliad, Gonzales,
1-19 Guadalupe, Hays, Jackson, Karnes, Kinney, Medina, Uvalde, Victoria,
1-20 and Wilson counties is necessary to sustain the life and economic
1-21 viability of the region; that local regulation is necessary for
1-22 effective use of the resources of the region; that regional
1-23 cooperation for water research, planning, and resource development,
2-1 for providing coordinated facilities, and for coordinating waste
2-2 disposal in critical water supply areas are more effective than
2-3 isolated efforts on a countywide, city-wide, or smaller scale; that
2-4 creation of the Edwards Water Authority would advance the
2-5 established policy of the state to manage the waters of the state
2-6 consistent with the rights of private property owners, protection
2-7 of public health and public enjoyment, the propagation and
2-8 protection of terrestrial and aquatic life, the operation of
2-9 existing industries, and the economic development of the state; and
2-10 that use of water in the district for beneficial purposes requires
2-11 that all reasonable measures be taken to be conservative in water
2-12 use, to enhance water supply, spring flow, and aquifer recharge, to
2-13 provide regional drought management, to prevent and abate water
2-14 pollution, and to reclaim polluted water for beneficial uses.
2-15 Sec. 1.03. DEFINITIONS. In this Act, unless the context
2-16 requires a different meaning:
2-17 (1) "Authority" means the Edwards Water Authority
2-18 created by this Act.
2-19 (2) "Average rainfall at Uvalde and San Antonio" means
2-20 the sum of the rainfall for the last 12 months at the National
2-21 Weather Service gauge (41-9268-6) located at the Texas A&M Research
2-22 Experiment Station in Uvalde and at the National Weather Service
2-23 gauge (41-945-7) located at the San Antonio International Airport.
2-24 (3) "Board" means the board of directors of the
3-1 (4) "Commission" means the Texas Water Commission or
3-2 its successors.
3-3 (5) "Development board" means the Texas Water
3-4 Development Board.
3-5 (6) "Director" means a member of the board.
3-6 (7) "District" means the territory included in the
3-8 (8) "Edwards district" or "Edwards districts" means
3-9 any or all of the following districts: the Edwards Underground
3-10 Water District, the Kinney County Underground Water Conservation
3-11 District, and the Uvalde County Underground Water Conservation
3-13 (9) "Groundwater" means water located below the
3-14 earth's surface within the district but does not mean the underflow
3-15 of navigable streams.
3-16 (10) "Person" means any individual, public or private
3-17 corporation, political subdivision, governmental agency,
3-18 municipality, copartnership, association, firm, trust, estate, or
3-19 any other entity whatsoever.
3-20 (11) "Rule" includes regulation.
3-21 (12) "Transport of water" means the removal of
3-22 groundwater from the producing estate's boundaries or the removal
3-23 of state water from its authorized point of diversion or authorized
3-24 place of impoundment including the importation of water from
3-25 outside the district.
4-1 (13) "Water" means groundwater, percolating or
4-2 otherwise, lakes, bays, ponds, impounding reservoirs, springs,
4-3 rivers, streams, creeks, estuaries, marshes, inlets, canals, the
4-4 Gulf of Mexico within the district, and all other bodies of surface
4-5 water, natural or artificial, inland or coastal, fresh or salt,
4-6 navigable or nonnavigable, that are wholly or partially within the
4-8 (14) "Water district" means a river authority, or a
4-9 water district or authority acting under Article III, Section 52,
4-10 or Article XVI, Section 59, of the Texas Constitution.
4-11 (15) "Water diversion" means the removal of state
4-12 water from a watercourse or impoundment.
4-13 (16) "Water pollution" means the alteration of the
4-14 physical, chemical, or biological quality of or the contamination
4-15 of water that renders the water harmful, detrimental, or injurious
4-16 to humans, animal life, vegetation, or property or to public
4-17 health, safety, or welfare or impairs the usefulness or the public
4-18 enjoyment of the water for any lawful or reasonable purpose.
4-19 (17) "Water level at Uvalde" means the level in feet
4-20 above mean sea level calculated as a 10-day moving average at well
4-22 (18) "Water level at Bexar" means the level in feet
4-23 above mean sea level calculated as a 10-day moving average at well
4-24 AY-68-37-203 (J-17).
4-25 ARTICLE 2. ADMINISTRATIVE PROVISIONS
5-1 Sec. 2.01. CREATION OF AUTHORITY. (a) There is hereby
5-2 created, pursuant to Article III, Section 52, and Article XVI,
5-3 Section 59, of the Texas Constitution, a district to be known as
5-4 the Edwards Water Authority, which shall be a governmental agency
5-5 and body politic and corporate of the State of Texas. The creation
5-6 of such district is hereby determined to be essential to the
5-7 accomplishment of the purposes of the Texas Constitution. A
5-8 confirmation election shall not be necessary.
5-9 (b) Nothing in this Act or in any other Act or law shall be
5-10 construed as authorizing the authority to levy or collect taxes or
5-11 assessments or in any way to pledge the credit of the state.
5-12 (c) The power to appropriate the use of surface water in the
5-13 district remains vested in the state. The power to regulate the
5-14 use of groundwater in the state remains vested in water districts
5-15 holding the powers granted by Chapter 52, Water Code, or special
5-16 act. The authority does not regulate the use of groundwater except
5-17 as necessary under Subsection (b) of Section 3.01 of this Act.
5-18 Sec. 2.02. DESCRIPTION. The authority's territory consists
5-19 of the area inside the boundaries of Atascosa, Bexar, Caldwell,
5-20 Calhoun, Comal, DeWitt, Frio, Goliad, Gonzales, Guadalupe, Hays,
5-21 Jackson, Karnes, Kinney, Medina, Uvalde, Victoria, and Wilson
5-22 counties. The legislature declares that all the area included in
5-23 the district will be benefited by the exercise of the powers
5-24 conferred by this Act.
5-25 Sec. 2.03. BOARD. (a) The authority's powers, rights,
6-1 duties, and functions are exercised by a board of directors.
6-2 (b) The authority shall be governed by a board of directors
6-3 composed of 15 members.
6-4 (c) The directors shall be chosen to provide the board with
6-5 the following composition:
6-6 (1) three members representing urban interests from
6-7 San Antonio, the city in the district having the largest population
6-8 of any city in the district according to the most recent federal
6-9 census to be appointed by the mayor of that city;
6-10 (2) one member representing urban interests from the
6-11 cities of Bexar County other than San Antonio to be appointed by
6-12 the mayors of those cities;
6-13 (3) one member representing urban interests from
6-14 Victoria, the city in the district having the second largest
6-15 population of any city in the district according to the most recent
6-16 federal census to be appointed by the mayor of that city;
6-17 (4) one member representing urban interests to be
6-18 appointed by the mayors of New Braunfels and San Marcos;
6-19 (5) one member representing agricultural interests
6-20 from Bexar County to be appointed by the Commissioners Court of
6-21 Bexar County;
6-22 (6) one member representing agricultural interests
6-23 from Uvalde County to be appointed by the Uvalde County Underground
6-24 Water Conservation District;
6-25 (7) one member representing agricultural interests
7-1 from Medina County to be appointed by the Medina County Underground
7-2 Water Conservation District;
7-3 (8) one member representing agricultural interests
7-4 from Kinney County to be appointed by the Kinney County Underground
7-5 Water Conservation District;
7-6 (9) one member representing agricultural interests
7-7 from Atascosa, Frio, and Wilson counties to be appointed by the
7-8 Evergreen Underground Water Conservation District;
7-9 (10) one member representing agricultural interests
7-10 from Caldwell, Gonzales, and Guadalupe counties to be appointed by
7-11 the commissioners courts of those counties;
7-12 (11) one member representing agricultural interests
7-13 from Karnes, DeWitt, and Goliad counties to be appointed by the
7-14 commissioners courts of those counties;
7-15 (12) one member representing agricultural interests
7-16 from Calhoun, Jackson, and Victoria counties to be appointed by the
7-17 commissioners courts of those counties; and
7-18 (13) one member representing industrial interests from
7-19 Calhoun, Jackson, and Victoria counties to be appointed by the
7-20 commissioners courts of those counties.
7-21 (d) The appointments of the directors shall be made within
7-22 30 days of the effective date of this Act and each year thereafter
7-23 as required. Where multiple jurisdictions cooperate to appoint
7-24 directors, ballots shall be furnished to the electors and the
7-25 resulting appointments verified by the board. Each county has one
8-1 vote in the case of a joint appointment.
8-2 Sec. 2.04. QUALIFICATION OF DIRECTORS. To be qualified to
8-3 be appointed a director, a person must be a qualified voter of the
8-4 locality which the person represents.
8-5 Sec. 2.05. TERMS OF DIRECTORS. (a) A director's term of
8-6 office shall be three years commencing September 1.
8-7 (b) Selection of directors for the first board shall be made
8-8 promptly after this Act becomes effective and the initial directors
8-9 will take office immediately on selection to serve until their
8-10 successors take office.
8-11 (c) When a director's office becomes vacant by death,
8-12 resignation, or removal, the unexpired term shall be filled by
8-13 appointment as in the case of the initial appointment.
8-14 (d) To provide for staggered terms, the terms of the initial
8-15 board of directors shall be as follows:
8-16 (1) three members representing urban interests from
8-17 the City of San Antonio with one to serve a term expiring
8-18 August 31, 1994, one expiring August 31, 1995, and one expiring
8-19 August 31, 1996;
8-20 (2) one member representing urban interests from the
8-21 other cities in Bexar County to serve until August 31, 1994;
8-22 (3) one member representing urban interests from the
8-23 City of Victoria to serve until August 31, 1995;
8-24 (4) one member representing urban interests to be
8-25 appointed by the mayors of New Braunfels and San Marcos to serve
9-1 until August 31, 1996;
9-2 (5) one member representing agricultural interests
9-3 from Bexar County to expire August 31, 1994;
9-4 (6) one member representing agricultural interests
9-5 from Uvalde County to expire August 31, 1995;
9-6 (7) one member representing agricultural interests
9-7 from Medina County to expire August 31, 1996;
9-8 (8) one member representing agricultural interests
9-9 from Kinney County to expire August 31, 1994;
9-10 (9) one member representing agricultural interests
9-11 from Atascosa, Frio, and Wilson counties to expire August 31, 1995;
9-12 (10) one member representing agricultural interests
9-13 from Caldwell, Gonzales, and Guadalupe counties to expire
9-14 August 31, 1996;
9-15 (11) one member representing agricultural interests
9-16 from Karnes, DeWitt, and Goliad counties to expire August 31, 1994;
9-17 (12) one member representing agricultural interests
9-18 from Calhoun, Jackson, and Victoria counties to expire August 31,
9-19 1995; and
9-20 (13) one representing industrial interests from
9-21 Calhoun, Jackson, and Victoria counties to expire August 31, 1996.
9-22 Sec. 2.06. BONDS OF DIRECTORS. To qualify for office, each
9-23 director must:
9-24 (1) take the oath of office prescribed by Article 16,
9-25 Revised Statutes;
10-1 (2) execute a bond in the amount of $5,000 with a
10-2 corporate surety authorized to do business in this state
10-3 conditioned on the faithful performance of the director's duties;
10-5 (3) file a copy of the bond with the secretary of
10-6 state and with the commissioners court of the county from which the
10-7 director is appointed.
10-8 Sec. 2.07. MEETINGS AND ACTIONS OF THE BOARD. (a) The
10-9 board shall meet at least once each year and may meet at any other
10-10 time provided in its bylaws.
10-11 (b) A majority of the board constitutes a quorum. Except as
10-12 may be otherwise provided in this Act, the vote of a majority of a
10-13 quorum of directors is required for board action.
10-14 (c) The board shall adopt bylaws at its first meeting or as
10-15 soon thereafter as possible.
10-16 Sec. 2.08. ORGANIZATION OF BOARD. (a) The board shall
10-17 elect from its members a chairman, vice-chairman, secretary, and
10-18 other officers it deems necessary.
10-19 (b) The board's bylaws shall prescribe the powers, duties,
10-20 and procedures for removal from board office of officers that it
10-22 Sec. 2.09. INTEREST IN CONTRACT. A director who is
10-23 financially interested in a contract to be executed by the
10-24 authority for the purchase of property or the construction of
10-25 facilities shall disclose that fact to the other directors and may
11-1 not vote on the acceptance of the contract.
11-2 Sec. 2.10. DIRECTOR'S COMPENSATION. (a) A director is
11-3 entitled to receive an allowance of $100 a day and reimbursement
11-4 for actual and necessary expenses incurred:
11-5 (1) for each day the director spends attending
11-6 meetings of the board; and
11-7 (2) for each day the director spends attending to the
11-8 business of the authority which is authorized by a resolution of
11-9 the board.
11-10 (b) A director is not entitled to receive a per diem
11-11 allowance for more than 120 days in any one calendar year.
11-12 Sec. 2.11. GENERAL MANAGER. (a) The board shall employ a
11-13 general manager for a term and salary set by the board.
11-14 (b) The general manager is the chief executive officer of
11-15 the authority. Under policies established by the board, the
11-16 general manager is responsible to the board for:
11-17 (1) administering the directives of the board;
11-18 (2) keeping the authority's records, including minutes
11-19 of the board's meetings;
11-20 (3) coordinating with state, federal, and local
11-22 (4) developing plans and programs for the board's
11-24 (5) hiring, supervising, training, and discharging the
11-25 authority's employees;
12-1 (6) contracting for or retaining technical,
12-2 scientific, legal, fiscal, and other professional services; and
12-3 (7) performing any other duties assigned to the
12-4 general manager by the board.
12-5 (c) The board may discharge the general manager on a
12-6 majority vote of all the qualified directors.
12-7 Sec. 2.12. MANAGER'S AND EMPLOYEES' BONDS. (a) The general
12-8 manager and each employee of the authority charged with the
12-9 collection, custody, or payment of any money of the authority shall
12-10 execute a fidelity bond. The board shall approve the form, amount,
12-11 and surety of the bond.
12-12 (b) The authority shall pay the premiums on the employees'
12-13 bonds under this section and the directors' bonds under Subdivision
12-14 (2) of Section 2.06 of this Act.
12-15 Sec. 2.13. PRINCIPAL OFFICE. The authority shall maintain
12-16 its principal office inside the district.
12-17 Sec. 2.14. RECORDS. (a) The authority shall keep complete
12-18 and accurate accounts of its business transactions in accordance
12-19 with generally accepted methods of accounting.
12-20 (b) The authority shall keep complete and accurate minutes
12-21 of its meetings.
12-22 (c) The authority shall keep its accounts, contracts,
12-23 documents, minutes, and other records at its principal office.
12-24 (d) Neither the board nor its employees shall disclose any
12-25 records that it has relating to trade secrets or economics of
13-1 operation of industries or other private enterprises.
13-2 (e) Except as provided in Subsection (d) of this section,
13-3 the authority shall permit reasonable public inspection of its
13-4 records during regular business hours.
13-5 Sec. 2.15. SEAL. The authority shall adopt a seal, the form
13-6 of which it may alter from time to time.
13-7 Sec. 2.16. SUIT. The authority may sue and be sued in its
13-8 corporate name.
13-9 Sec. 2.17. SUPPORT OF THE AUTHORITY. (a) The fees required
13-10 by this section are payable to the authority in the manner and for
13-11 the purposes provided in this section.
13-12 (b) Every water district and water utility in the district
13-13 will pay an assessment to the authority annually. These
13-14 assessments shall be used first for the general support and
13-15 management of the authority and then for support of the authority's
13-16 research, studies, and evaluations. The amount of each assessment
13-17 shall be determined by the authority based on the cost of
13-18 operations benefitting each locality.
13-19 (c) The authority may contract for and receive payments
13-20 derived from local taxes, fees, or any other source to be spent
13-21 according to the agreement of the parties.
13-22 ARTICLE 3. POWERS AND DUTIES
13-23 Sec. 3.01. GENERAL POWERS AND DUTIES. (a) The authority
13-24 shall use its facilities and powers to accomplish the purpose of
13-25 this Act.
14-1 (b) The authority shall function with the regulatory powers
14-2 granted to districts created under Chapter 52, Water Code, and this
14-3 Act over any territory within the district that is not served by a
14-4 water district having the regulatory powers granted by Chapter 52,
14-5 Water Code.
14-6 (c) The authority shall:
14-7 (1) conduct studies to determine the feasibility of
14-8 enhancing spring flows during periods of drought to protect
14-9 critical natural habitat and to satisfy downstream needs;
14-10 (2) conduct studies and research for the control of
14-11 water pollution within the district and cooperate fully with the
14-12 development board or its successor in any studies of the
14-13 development board and utilize the results of those studies;
14-14 (3) conduct studies to determine if elevating the
14-15 existing dams constructed below the spring discharge area and
14-16 installing flow control valves to regulate spring discharge rates
14-17 during periods of high aquifer levels will elevate the water level
14-18 in the aquifer to create bank storage to make more water available
14-19 for release during periods of drought;
14-20 (4) conduct studies to determine if off-channel
14-21 reservoirs can be constructed to store spring flow discharges
14-22 during periods of excess flow for use during periods of low flow to
14-23 satisfy downstream needs;
14-24 (5) identify all potential sites for recharge
14-25 structures above the aquifer and make studies to determine the
15-1 amount of recharge that could occur if these structures were
15-3 (6) make studies to determine additional techniques or
15-4 methods that might be used to enhance recharge of the aquifer, such
15-5 as brush control, precipitation enhancement, import of water from
15-6 outside the Edwards Aquifer area, or other methods;
15-7 (7) evaluate the possible water savings that might be
15-8 achieved by providing technical and financial assistance to
15-9 irrigators to upgrade their irrigation systems;
15-10 (8) evaluate the necessary level of spring flow to
15-11 maintain biological habitat;
15-12 (9) conduct continuing studies to determine if the
15-13 activities of man are causing the encroachment of
15-14 saline-contaminated or otherwise polluted water into the fresh
15-15 water zone of the aquifer; and
15-16 (10) conduct any studies and research that the board
15-17 considers necessary to implement the provisions of this Act.
15-18 (d) The board may cooperate with and request the assistance
15-19 of the development board, the United States Geological Survey,
15-20 local governments, other agencies of the United States government
15-21 and the State of Texas in implementing the provisions of this Act.
15-22 (e) At least once each year and at any other time the board
15-23 considers necessary, the board shall have its staff and the staff
15-24 of the development board, if necessary, make a complete study of
15-25 the groundwater situation within the district and determine the
16-1 water level, rates of withdrawal, amounts of withdrawal, and other
16-2 relevant information on which to base the authority's water
16-3 management plan.
16-4 Sec. 3.02. WATER MANAGEMENT PLAN. (a) On or before August
16-5 31 of each year the board shall hold a hearing on the authority's
16-6 water management plan. The plan must consider conjunctive use of
16-7 surface and groundwater, conservation, drought management,
16-8 enhancement of spring flow, surface water development, reuse, bays
16-9 and estuaries, and other matters necessary to implement state
16-10 policy as directed by Acts of the legislature.
16-11 (b) In developing the authority's water management plan, the
16-12 board shall give priority to the proposals of the water districts
16-13 and local governments within the district.
16-14 (c) Implementation of the water management plan is the
16-15 responsibility of individual water districts, the authority when
16-16 acting in the place of a local water district, water utilities,
16-17 water permit holders, and local governments in cooperation with the
16-18 authority or others as is appropriate.
16-19 (d) The board shall print a summary of its water management
16-20 plan and furnish copies to any person on request.
16-21 Sec. 3.03. INSPECTIONS AND INVESTIGATIONS. To carry out
16-22 technical and other investigations necessary to the implementation
16-23 of this Act, the board and its agents and employees are entitled to
16-24 access to all property within the district. All persons entering
16-25 private property on behalf of the board are required to observe the
17-1 rules of operation in effect for employees of the owner.
17-2 Sec. 3.04. HEARINGS. The board may:
17-3 (1) hold hearings, receive pertinent and relevant
17-4 proof from any party in interest who appears before the board,
17-5 compel the attendance of witnesses, make findings of fact and
17-6 determinations with respect to administering the provisions of this
17-7 Act; and
17-8 (2) delegate to one or more of its members or to one
17-9 or more of its employees the authority to administer oaths and take
17-10 testimony in any hearing called by the authority or authorized by
17-11 the authority to be held, but all orders entered shall be made by
17-12 and in the name of the authority after its official action and
17-13 attested to by the proper members of the board of directors.
17-14 Sec. 3.05. COURT REVIEW. (a) A person who is adversely
17-15 affected by an act or order of the authority is entitled to
17-16 mediation. If mediation fails to resolve the dispute, a person so
17-17 affected may sue the authority in district court to set aside the
17-18 act or order. The suit shall be filed within 60 days after the day
17-19 on which the act or order took effect or the mediation ended.
17-20 (b) Venue for suits under Subsection (a) of this section is
17-21 in any county in the district.
17-22 Sec. 3.06. AUTHORITY OF WATER DISTRICTS. (a) Taxation of
17-23 property and regulation of the use of groundwater is vested in
17-24 properly empowered local governments and water districts. Nothing
17-25 in this Act confers any power to tax property on the authority.
18-1 (b) A water district may go in and on public and private
18-2 property to carry out technical and other investigations necessary
18-3 to the implementation of this Act. A water district shall transmit
18-4 the results of its inspections to the authority.
18-5 Sec. 3.07. DROUGHT MANAGEMENT PLAN. (a) This drought
18-6 management plan applies only to water in the Edwards and associated
18-7 limestone formations within the Edwards Underground Water District,
18-8 Kinney County, Medina County, and Uvalde County.
18-9 (b) There are five defined stages of drought severity and
18-10 associated demand reductions. The Edwards districts must begin the
18-11 implementation of demand reduction measures with Stage I. Each
18-12 subsequent stage will be declared in progression. The five stages
18-13 are declared when the preceding 12-month average rainfall at Uvalde
18-14 and San Antonio is less than 80 percent of the historical annual
18-15 average at these locations and when the following additional
18-16 conditions are met:
18-17 (1) Stage I:
18-18 (A) when the water level is greater than 870 at
18-19 Uvalde, the water level is less than 644 at Bexar, the spring flow
18-20 at San Marcos is less than 110 cfs, and the spring flow at Comal is
18-21 less than 160 cfs, then Stage I is declared in the Edwards district
18-22 east of the Bexar/Medina county line;
18-23 (B) when the water level is less than 870 at
18-24 Uvalde, the water level is less than 644 at Bexar, the spring flow
18-25 at San Marcos is less than 110 cfs, and the spring flow at Comal is
19-1 less than 160 cfs, then Stage I is declared in the Edwards
19-3 (2) Stage II:
19-4 (A) when the water level is greater than 870 at
19-5 Uvalde, the water level is less than 628 at Bexar, the spring flow
19-6 at San Marcos is less than 80 cfs, and the spring flow at Comal is
19-7 less than 70 cfs, then Stage II is declared in the Edwards district
19-8 east of the Bexar/Medina county line;
19-9 (B) when the water level is less than 870 at
19-10 Uvalde, the water level is less than 628 at Bexar, the spring flow
19-11 at San Marcos is less than 80 cfs, and the spring flow at Comal is
19-12 less than 70 cfs, then Stage II is declared east of the
19-13 Bexar/Medina County line and Stage I is declared west of the line;
19-14 (C) when the water level is less than 840 at
19-15 Uvalde, the water level is less than 644 at Bexar, the spring flow
19-16 at San Marcos is less than 110 cfs, and the spring flow at Comal is
19-17 less than 160 cfs, then Stage II is declared in the Edwards
19-19 (3) Stage III:
19-20 (A) when the water level is greater than 870 at
19-21 Uvalde, the water level is less than 612 at Bexar, the spring flow
19-22 at San Marcos is less than 50 cfs, and the spring flow at Comal is
19-23 less than 0, then Stage III is declared in the Edwards district
19-24 east of the Bexar/Medina county line;
19-25 (B) when the water level is less than 870 at
20-1 Uvalde, the water level is less than 612 at Bexar, the spring flow
20-2 at San Marcos is less than 50 cfs, and the spring flow at Comal is
20-3 less than 0, then Stage III is declared east of the Bexar/Medina
20-4 county line and Stage I is declared west of the line;
20-5 (C) when the water level is less than 829 at
20-6 Uvalde, the water level is less than 628 at Bexar, the spring flow
20-7 at San Marcos is less than 80 cfs, and the spring flow at Comal is
20-8 less than 70 cfs, then Stage III is declared in the Edwards
20-10 (4) Stage IV: when the water level is less than 811
20-11 at Uvalde, the water level is less than 612 at Bexar, the spring
20-12 flow at San Marcos is less than 50 cfs, and the spring flow at
20-13 Comal is less than 0, then Stage IV is declared in the Edwards
20-15 (5) Stage V: the Edwards districts will declare Stage
20-16 V when the concentration of total dissolved solids or conductivity
20-17 in any public water supply well increases to 30 percent above the
20-18 historical average and exceeds previous maximum concentrations.
20-19 Sec. 3.08. DEMAND REDUCTIONS IN WATER USE IN THE EDWARDS
20-20 DISTRICTS. (a) Water users should reduce the volume of water they
20-21 use based on goals established for each stage and by implementing
20-22 specific minimum demand reduction measures as described in their
20-23 user drought management plans.
20-24 (b) Water purveyors with more than 35 connections are
20-25 required to achieve reductions of:
21-1 (1) 10 percent in Stage I;
21-2 (2) 15 percent in Stage II;
21-3 (3) 25 percent in Stage III;
21-4 (4) 30 percent in Stage IV; and
21-5 (5) an amount that assures human health and safety and
21-6 livestock needs in Stage V.
21-7 (c) The reduction goal percentage will be applied to the
21-8 volume pumped by each user in 1984.
21-9 (d) Irrigators must reduce pumpage to two acre-feet per acre
21-10 in any 12 consecutive months in Stage V.
21-11 Sec. 3.09. USER DROUGHT MANAGEMENT PLAN. (a) Water
21-12 purveyors serving more than 35 connections and individual private
21-13 well owners who use more than 50,000 gallons per day are required
21-14 to prepare, adopt, and implement user drought management plans
21-15 consistent with this Act. All plans must be approved by the
21-16 appropriate Edwards district. Irrigation users are not required to
21-17 submit plans.
21-18 (b) On receiving notification from the Edwards districts
21-19 that drought response measures are required, users must initiate
21-20 action according to their approved user drought management plans.
21-21 They must also enforce use restrictions in their respective service
21-22 areas or operations.
21-23 (c) User drought management plans shall include:
21-24 (1) demand reduction measures developed by the
21-25 purveyor which, when combined with required measures, will achieve
22-1 the reduction goals of this Act;
22-2 (2) financial measures which will encourage
22-4 (3) ordinances, regulations, or contractual
22-5 requirements necessary for the purveyor to enforce the plan;
22-6 (4) provisions for reporting water pumpage; and
22-7 (5) required demand reduction measures as outlined
22-9 (The demand reduction table cannot be reproduced in LIS. Paper
22-10 copies of H.B. 2850 may be obtained from House Bill Distribution.)
22-11 (d) Water waste is prohibited in any of the five stages.
22-12 Water waste is any use which allows water to run off into a gutter,
22-13 ditch, or drain or the failure to repair a controllable leak.
22-14 Sec. 3.10. RULES. The Edwards districts shall adopt rules
22-15 to implement the drought management plans.
22-16 Sec. 3.11. EMERGENCY FUND. The drought management plan
22-17 shall include an emergency management fund supported by users of
22-18 water utilities and industrial users of water from the Edwards
22-19 Aquifer. The fund shall provide compensation for crop losses
22-20 necessitated by emergency management of irrigation under the
22-21 authority's water management plan in times of drought. The fund
22-22 shall be administered by the development board and may be funded by
22-23 obligations of the development board supported by the pledge of
22-24 water user fees.
22-25 Sec. 3.12. ACQUISITION, CONSTRUCTION, AND OPERATION.
23-1 (a) The authority may:
23-2 (1) acquire and provide by purchase, gift, or lease
23-3 any water development, water supply, or wastewater systems or
23-4 structures within or outside the district;
23-5 (2) construct and provide water development, water
23-6 supply, or wastewater systems or structures within or outside the
23-8 (3) operate and sell systems or structures that it
23-9 constructs or acquires;
23-10 (4) contract with any person to operate and maintain
23-11 any system or structures belonging to the person;
23-12 (5) contract with any person to train or supervise
23-13 employees of a system;
23-14 (6) control, store, and preserve the waters of any
23-15 rivers and streams for all useful purposes and use, distribute, and
23-16 sell the same within the boundaries of the district for any such
23-18 (7) conserve, preserve, and develop underground waters
23-19 within the boundaries of the district for all useful purposes and
23-20 use, distribute, and sell the same for any such purposes subject to
23-21 regulation by appropriate water districts with the powers granted
23-22 by Chapter 52, Water Code;
23-23 (8) acquire water, water supply facilities, and
23-24 conservation storage capacity within or outside the district from
23-25 any person, including the state and any of its agencies and
24-1 subdivisions and the United States government and any of its
24-2 agencies and subdivisions;
24-3 (9) act to prevent or aid in the prevention of damage
24-4 to person or property from the surface waters of the district;
24-5 (10) act to prevent and to aid in the prevention of
24-6 soil erosion and flooding within the district;
24-7 (11) develop the reclamation and drainage of
24-8 overflowed lands and other lands needing drainage within the
24-9 boundaries of the district and any facilities in aid thereof; and
24-10 (12) conserve and develop waters and lands for
24-11 recreational purposes.
24-12 Sec. 3.13. CONTRACTS FOR WATER. (a) The authority may
24-13 contract for, store, and sell water that it acquires or collects.
24-14 Sec. 3.14. SALE OF WATER AND BY-PRODUCTS. (a) The
24-15 authority may store and sell water that it acquires or collects.
24-16 Groundwater acquired by the authority and transported in a
24-17 watercourse is appropriated for use by the authority. The
24-18 commission by rule may restrict this appropriation by a factor
24-19 recognizing evapotranspiration stream losses.
24-20 (b) Water right holders may contract with the authority for
24-21 the sale and transport of state water within the district. A
24-22 contract with the authority is evidence of beneficial use of state
24-23 water for the purposes of compliance with the Water Code.
24-24 (c) The transport of water within the district by persons
24-25 other than the authority is prohibited. The transport of water to
25-1 points outside the district is prohibited unless corresponding
25-2 supplies of water are made available for use within the district by
25-3 the parties being served. Nothing in this subsection restricts the
25-4 movement of potable water by a utility in its certificated service
25-6 (d) No local government, water utility, or water district
25-7 located in the district may acquire a water supply outside its
25-8 boundaries except through contract with the authority.
25-9 Sec. 3.15. PERMITS FROM TEXAS WATER COMMISSION. (a) For
25-10 the purpose of maintaining established water quality standards in
25-11 the bays and estuaries within the district or other lawful purpose,
25-12 the authority may apply to the commission for water appropriation
25-14 (b) The authority may apply for water storage or use permits
25-15 from the commission to store and sell state water.
25-16 Sec. 3.16. EMINENT DOMAIN. The authority may acquire
25-17 property of any kind within or outside the district, appropriate
25-18 for the exercise of its functions, through the exercise of the
25-19 power of eminent domain under the provisions of Title 52, Revised
25-20 Statutes, as amended.
25-21 Sec. 3.17. RELOCATION OF FACILITIES. In the event that the
25-22 authority, in the exercise of the power of eminent domain or power
25-23 of relocation or any other power, makes necessary the relocation,
25-24 raising, rerouting, changing the grade of, or altering the
25-25 construction of any highway, railroad, electric transmission line,
26-1 telephone or telegraph properties and facilities, or pipelines, all
26-2 such necessary relocation, raising, rerouting, change in grade, or
26-3 alteration of construction shall be accomplished at the sole
26-4 expense of the authority. The term "sole expense" shall mean the
26-5 actual cost of such relocation, raising, rerouting, change in
26-6 grade, alteration of grade, or construction in providing comparable
26-7 replacement without any enhancement of such facilities after
26-8 deducting therefrom the net salvage value derived from the old
26-10 Sec. 3.18. USE OF PUBLIC EASEMENTS. The authority shall
26-11 have the right, power, and authority to use any and all public
26-12 roadways, streets, alleys, or public easements within or outside
26-13 the district in the accomplishment of its purposes, without the
26-14 necessity of securing a franchise.
26-15 Sec. 3.19. ACQUISITION AND DISPOSITION OF PROPERTY.
26-16 (a) The authority may purchase, lease, acquire by gift, maintain,
26-17 use, and operate property of any kind appropriate for the exercise
26-18 of its functions.
26-19 (b) The board may sell to the highest bidder at a public or
26-20 private sale or may exchange any property or land owned by the
26-21 authority which is not required to carry out the plans of the
26-22 authority. Before either a public or a private sale of property or
26-23 land not required for the authority's plans, the authority shall
26-24 give notice of the intent to sell by publishing notice once a week
26-25 for two consecutive weeks in one or more newspapers with general
27-1 circulation in the district.
27-2 Sec. 3.20. FACILITIES. The authority may acquire in any
27-3 lawful manner, construct, extend, improve, maintain, reconstruct,
27-4 use, and operate any facilities necessary or convenient to the
27-5 exercise of its powers, rights, duties, and functions.
27-6 Sec. 3.21. CONTRACTS GENERALLY. (a) The authority may make
27-7 contracts and execute instruments that are necessary or convenient
27-8 to the exercise of its powers, rights, duties, and functions. A
27-9 contract may be for any term not to exceed 50 years.
27-10 (b) Any construction or repair contract, contract for the
27-11 purchase of material, equipment, or supplies, or any contract for
27-12 services, other than technical, scientific, legal, fiscal, or other
27-13 professional services, shall be awarded to the lowest and best
27-14 bidder for the contract after publication of a notice to bidders
27-15 once each week for three consecutive weeks before the date set for
27-16 awarding the contract if the contract will require an estimated
27-17 expenditure of more than $25,000 or if the contract is for a term
27-18 of more than five years. In the event of an emergency, the
27-19 authority may let such contracts as are necessary to protect and
27-20 preserve the public health and welfare or the properties of the
27-21 authority without such bidding procedures.
27-22 (c) The notice is sufficient if it states the time and
27-23 place; when and where the bids will be opened; the general nature
27-24 of the work to be done; the material, equipment, or supplies to be
27-25 purchased; or the nonprofessional services to be rendered and
28-1 states the terms on which copies of the plans, specifications, or
28-2 other pertinent information may be obtained.
28-3 (d) Publication of the notice shall be in a newspaper having
28-4 general circulation in the county or counties in which the contract
28-5 is to be performed. In addition to publishing notice in a
28-6 newspaper having general circulation, the notice may also be
28-7 published in any other appropriate publication.
28-8 (e) Anyone desiring to bid on the construction of any work
28-9 advertised as herein provided shall on written application to the
28-10 board be furnished with a copy of the plans and specifications or
28-11 other engineering and architectural documents showing the work to
28-12 be done and all the details thereof, provided that a charge may be
28-13 made for the documents to cover the cost of reproduction. All bids
28-14 to do any such work shall be in writing, be sealed and delivered to
28-15 the board, and be accompanied by a certified check drawn on some
28-16 responsible bank in the state or a bid bond from a company approved
28-17 by the board, for at least one percent of the total amount bid.
28-18 The amount of the check or bond shall be forfeited to the authority
28-19 in the event the successful bidder fails or refuses to enter into a
28-20 proper contract therefor or fails or refuses to furnish the bond
28-21 therefor as required by law. Any or all bids may be rejected by
28-22 the board.
28-23 (f) Bids shall be opened at the place specified in the
28-24 published notice and shall be announced by the board. The place
28-25 where the bids are opened and announced shall always be open to the
29-2 (g) The contract price of all construction contracts of the
29-3 authority may be made in partial payments as the work progresses,
29-4 but such payments shall not exceed 90 percent of the amount due at
29-5 the time of the payment as shown by the report of the general
29-6 manager of the authority. The board shall at all times during the
29-7 progress of the work inspect the same or cause the same to be
29-8 inspected by the general manager or his assistants, and on the
29-9 completion of any contract in accordance with its terms, the board
29-10 shall pay the balance due thereon.
29-11 (h) The person, firm, or corporation to whom the contract is
29-12 let shall provide the performance and payment bonds required by
29-14 (i) The provisions of this section do not prohibit the
29-15 authority from purchasing surplus property from the United States
29-16 government by negotiated contract and without the necessity for
29-17 advertising bids.
29-18 (j) An officer, agent, or employee of the authority who is
29-19 financially interested in a contract of a type enumerated in
29-20 Subsection (b) of this section shall disclose that fact to the
29-21 board before the board votes on the acceptance of the contract.
29-22 (k) Notwithstanding any provision of any charter of any city
29-23 or town, contracts between the authority and any city or town need
29-24 not be submitted to the electorate.
29-25 (l)(1) The authority and all persons are authorized to enter
30-1 into contracts with respect to any waste and any waste disposal or
30-2 treatment facilities and any other facilities described in this
30-3 subsection or any other part of this Act, and the authority is
30-4 authorized to execute all appropriate documents and instruments in
30-5 connection therewith; the authority is authorized to issue bonds
30-6 with respect to any of its powers, including those powers granted
30-7 in this subsection, and for the purpose of providing or funding any
30-8 debt service reserve fund or other special reserve, contingency, or
30-9 other fund in connection with bonds, for the purpose of providing
30-10 funds to operate any facilities for a period not to exceed three
30-11 years after completion and to maintain any facilities, and to
30-12 provide funds to pay interest on bonds during a period determined
30-13 by the authority.
30-14 (2) All persons are authorized to contract with the
30-15 authority in any manner authorized by this Act with respect to any
30-16 facilities described in this Act, provided that any public agency
30-17 or local government additionally is authorized to enter into and
30-18 execute any such contract with the authority and to determine,
30-19 agree, and pledge that all or any part of its payments under the
30-20 contract shall be payable subject only to the authorization of such
30-21 contract, pledge, and payments by a majority vote of the governing
30-22 body of the public agency or local government. All public agencies
30-23 and local governments are authorized to use and pledge any other
30-24 available revenues or resources for and to the payment of amounts
30-25 due under such contracts as an additional source or sources of
31-1 payment or as the sole source or sources of payment and may
31-2 covenant so as to assure the availability of the amounts payable
31-3 when required.
31-4 (3) This subsection shall be wholly sufficient
31-5 authority within itself for the issuance of the bonds subject to
31-6 Article 5 of this Act, the execution of the contracts, and the
31-7 performance of the other acts and procedures authorized herein by
31-8 the authority and all persons, including specifically public
31-9 agencies, without reference to any other provisions of law or any
31-10 restrictions or limitations contained therein, except as herein
31-11 specifically provided. To the extent of any conflict or
31-12 inconsistency between any provisions of this subsection and any
31-13 other provision of law, including any home-rule city charter
31-14 provisions, this subsection shall prevail and control, provided
31-15 that the authority and all persons, including specifically public
31-16 agencies, shall have the right to use any other provision of law
31-17 not in conflict with the provisions of this subsection to the
31-18 extent convenient or necessary to carry out any power or authority,
31-19 express or implied, granted by this subsection.
31-20 Sec. 3.22. COOPERATIVE AGREEMENTS. The authority may enter
31-21 into cooperative agreements with other local governments, water
31-22 districts, state agencies, or agencies of the United States
31-23 government. Cooperative agreements include but are not limited to
31-25 (1) for water development functions;
32-1 (2) to perform water supply, water quality, waste
32-2 disposal management, and inspection functions and give technical
32-3 aid and education services to any entity that is a party to the
32-4 agreement; and
32-5 (3) to transfer money or property to any entity that
32-6 is a party to the cooperative agreement for the purpose of water
32-7 supply, water quality, waste disposal management, inspection,
32-8 enforcement, and technical aid and education.
32-9 Sec. 3.23. REUSE AUTHORIZED. (a) Any regulation affecting
32-10 the withdrawal of water from the Edwards Aquifer shall allow for
32-11 credit to be given for the certified reuse of aquifer water. For
32-12 regulatory credit, the authority must certify:
32-13 (1) the beneficial use and reuse of aquifer water;
32-14 (2) the amount of aquifer water to be used; and
32-15 (3) the amount of aquifer withdrawals replaced by
32-17 (b) Water withdrawn from the Edwards Aquifer and returned to
32-18 a water course by a municipal or industrial user under a wastewater
32-19 discharge permit is appropriated to the discharging user for reuse
32-20 to the extent that:
32-21 (1) reuse is certified by the authority;
32-22 (2) reuse replaces water that would otherwise have
32-23 been withdrawn from the Edwards Aquifer; and
32-24 (3) reuse is for municipal or industrial purposes.
32-25 Sec. 3.24. RIGHTS NOT AFFECTED. (a) Contracts of the
33-1 Lavaca-Navidad River Authority to supply water from surface water
33-2 supplies to local governments or other public entities outside the
33-3 boundaries of the district are exempt from and not affected by the
33-4 provisions of this Act. The Lavaca-Navidad River Authority is not
33-5 exempt from other applicable provisions of this Act.
33-6 (b) The anticipated development of methods and structures to
33-7 enhance recharge of the Edwards Aquifer may impair or otherwise
33-8 affect existing or future water supply projects in the Nueces, San
33-9 Antonio, and Guadalupe river basins. It is necessary to maximize
33-10 the benefits of existing and future water supply projects for
33-11 highest and best use of the entire water resource. The commission
33-12 may not impose or enforce any condition on the use of state water
33-13 that results in a reduction of the firm yield of a water supply
33-14 project in the Nueces, San Antonio, or Guadalupe river basins.
33-15 ARTICLE 4. GENERAL FISCAL PROVISIONS
33-16 Sec. 4.01. DISBURSEMENT OF FUNDS. The authority's money is
33-17 disbursable only by check, draft, order, or other instrument signed
33-18 by the person or persons authorized to do so by the board's bylaws
33-19 or by resolution of the board.
33-20 Sec. 4.02. FEES AND CHARGES. The authority shall establish
33-21 fees and charges for its services which may not be higher than
33-22 necessary to fulfill the obligations imposed on it by this Act.
33-23 Sec. 4.03. LOANS AND GRANTS. (a) The authority may borrow
33-24 money for its corporate purposes.
33-25 (b) The authority may borrow money and accept grants from
34-1 private sources, the United States government, the state, and local
34-2 governments. The authority may enter into any agreement in
34-3 connection with the loan or grant which is not in conflict with the
34-4 constitution and laws of this state.
34-5 (c) The sources of any funds accepted by the authority are
34-6 public information, as to both the amount and any restrictions
34-7 placed by the donor on their expenditure.
34-8 Sec. 4.04. FISCAL YEAR. The authority's fiscal year shall
34-9 be established by the board.
34-10 Sec. 4.05. INDEPENDENT AUDIT. (a) The authority shall keep
34-11 a complete system of accounts. An audit of its affairs for each
34-12 year shall be prepared by an independent certified public
34-13 accountant or a firm of independent certified public accountants of
34-14 recognized integrity and ability selected by the board. The cost
34-15 of the audit shall be paid by the authority.
34-16 (b) The authority shall file copies of the independent audit
34-17 with the governor, the development board, and the commissioners
34-18 court of each county in the district. The board shall keep at
34-19 least one copy of the audit at the office of the authority open to
34-20 inspection by any interested person during normal office hours.
34-21 Sec. 4.06. DEPOSITORY BANKS. (a) The board shall designate
34-22 one or more banks within the district to serve as depository for
34-23 the funds of the authority. All funds of the authority shall be
34-24 deposited in the depository bank or banks except that bond proceeds
34-25 and funds pledged to pay bonds may be deposited with the trustee
35-1 bank named in the trust indenture to the extent provided in a trust
35-2 indenture and except that funds shall be remitted to the bank of
35-3 payment for the payment of principal of and interest on bonds. To
35-4 the extent that funds in the depository banks or a trustee bank are
35-5 not invested or insured by the Federal Deposit Insurance
35-6 Corporation, they shall be secured in the manner provided by law
35-7 for the security of county funds.
35-8 (b) Before designating a depository bank or banks, the board
35-9 shall issue a notice stating the time and place when and where the
35-10 board will meet for such purpose and inviting the banks in the
35-11 district to submit applications to be designated depositories. The
35-12 term of service for depositories shall be prescribed by the board.
35-13 Such notice shall be published one time in a newspaper of general
35-14 circulation in the district and specified by the board, or, in lieu
35-15 of such publication, a copy of such notice may be mailed to each
35-16 bank in the district.
35-17 (c) At the time mentioned in the notice, the board shall
35-18 consider the applications and the management and condition of the
35-19 banks filing them and shall designate as depositories the bank or
35-20 banks which offer the most favorable terms and conditions for the
35-21 handling of the funds of the authority and which the board finds
35-22 have proper management and are in condition to warrant handling of
35-23 authority funds. Membership on the board of an officer or director
35-24 of a bank shall not disqualify the bank from being designated as
36-1 (d) If no applications are received by the time stated in
36-2 the notice, the board shall designate some bank or banks within or
36-3 outside the district on such terms and conditions as it may find
36-4 advantageous to the authority.
36-5 ARTICLE 5. BOND AND TAX PROVISIONS
36-6 Sec. 5.01. BONDS. (a) For the purpose of carrying out any
36-7 power or authority conferred by this Act, including the expense of
36-8 preparing the master plan and the payment of engineering and other
36-9 expenses in connection therewith, the authority is empowered to
36-10 issue bonds secured by a pledge of all or part of the revenues
36-11 accruing to the authority, including without limitation those
36-12 received from the sale of water or other products, rendition of
36-13 service, tolls, charges, and all other sources.
36-14 (b) Bonds shall be authorized by resolution of the board and
36-15 shall be issued in the name of the authority, signed by the
36-16 chairman and vice-chairman, and attested by the secretary, and
36-17 shall bear the seal of the authority. It is provided, however,
36-18 that the signatures of the chairman, the vice-chairman, or the
36-19 secretary or of both signees may be printed or lithographed on the
36-20 bonds if authorized by the board, and that the seal of the
36-21 authority may be impressed on the bonds or may be printed or
36-22 lithographed thereon. The bonds shall be in such form as shall be
36-23 prescribed by the board, shall be in such denomination or
36-24 denominations, shall mature serially or otherwise in not to exceed
36-25 50 years from their date, shall bear such interest, and may be sold
37-1 at a price and under terms determined by the board to be the most
37-2 advantageous reasonably obtainable, and, within the discretion of
37-3 the board, may be made callable prior to maturity at such times and
37-4 prices as may be prescribed in the bonds, and may be made
37-5 registrable as to principal or as to both principal and interest.
37-6 The bonds may be further secured by an indenture of trust with a
37-7 corporate trustee.
37-8 (c) Bonds may be issued in more than one series and from
37-9 time to time as required for carrying out the purposes of this Act.
37-10 Any pledge of revenues may reserve the right, under conditions
37-11 therein specified, to issue additional bonds which will be on a
37-12 parity with or be secured by a lien senior to or subordinate to the
37-13 bonds then being issued.
37-14 (d) The resolution authorizing the bonds or the trust
37-15 indenture further securing such bonds may specify additional
37-16 provisions which shall constitute a contract between the authority
37-17 and its bondholders. The board shall have full discretion in
37-18 providing for such additional provisions including the authority to
37-19 provide for a corporate trustee or receiver to take possession of
37-20 facilities of the authority in the event of default on the part of
37-21 the authority in fulfilling the covenants therein made.
37-22 Sec. 5.02. REFUNDING BONDS. The authority is authorized to
37-23 issue refunding bonds for the purpose of refunding any outstanding
37-24 bonds authorized by this Act and interest thereon. Such refunding
37-25 bonds may be issued to refund one or more series of outstanding
38-1 bonds and combine the pledges for the outstanding bonds for the
38-2 security of the refunding bonds and may be secured by other or
38-3 additional revenues. The provisions of this law with reference to
38-4 the issuance by the authority of other bonds, their security, and
38-5 their approval by the attorney general and the remedies of the
38-6 holders shall be applicable to refunding bonds. Refunding bonds
38-7 shall be registered by the comptroller on surrender and
38-8 cancellation of the bonds to be refunded, but in lieu thereof the
38-9 resolution authorizing their issuance may provide that they shall
38-10 be sold and the proceeds thereof deposited in the bank where the
38-11 original bonds are payable, in which case the refunding bonds may
38-12 be issued in an amount sufficient to pay the principal of and the
38-13 interest on the original bonds to their option date or maturity
38-14 date, and the comptroller shall register them without concurrent
38-15 surrender and cancellation of the original bonds.
38-16 Sec. 5.03. APPROVAL AND REGISTRATION OF BONDS. After any
38-17 bonds, including refunding bonds, are authorized by the authority,
38-18 such bonds and the record relating to their issuance shall be
38-19 submitted to the attorney general for examination as to the
38-20 validity thereof. If such bonds recite that they are secured by a
38-21 pledge of the proceeds of a contract made between the authority and
38-22 any city or other governmental agency, authority, or district, a
38-23 copy of such contract and the proceedings of the city or other
38-24 governmental agency, authority, or district authorizing such
38-25 contract shall also be submitted to the attorney general. If the
39-1 attorney general finds that such bonds have been authorized and
39-2 such contracts have been made in accordance with the constitution
39-3 and laws of the state, the attorney general shall approve the bonds
39-4 and such contracts and the bonds then shall be registered by the
39-5 comptroller of public accounts. Thereafter the bonds and the
39-6 contracts, if any, shall be valid and binding and shall be
39-7 incontestable for any cause.
39-8 Sec. 5.04. BONDS AUTHORIZED INVESTMENTS. All bonds and
39-9 refunding bonds of the authority shall be and are hereby declared
39-10 to be legal, eligible, and authorized investments for banks;
39-11 savings and loan associations; insurance companies; fiduciaries;
39-12 trustees; the sinking funds of cities, towns, villages, counties,
39-13 school districts, or any other political corporation or subdivision
39-14 of the State of Texas; and for all public funds of the state or its
39-15 agencies, including the permanent school fund. Such bonds and
39-16 refunding bonds shall be eligible to secure the deposit of any and
39-17 all public funds of the state and the cities, towns, villages,
39-18 counties, school districts, or other political corporations or
39-19 subdivisions of the state, and such bonds shall be lawful and
39-20 sufficient security for the deposits to the extent of the face
39-21 value of the bonds when accompanied by all unmatured coupons
39-22 appurtenant thereto.
39-23 Sec. 5.05. TAXES AND FEES. Subject to all applicable laws,
39-24 taxes and fees may be levied by local governments in any manner and
39-25 amount necessary to carry out the purposes of this Act, to support
40-1 the authority, or to fulfill any agreement with the authority.
40-2 ARTICLE 6. UNDERGROUND WATER
40-3 CONSERVATION DISTRICTS
40-4 Sec. 6.01. PURPOSE AND POWER OF DISTRICT. The authority may
40-5 establish one or more underground water conservation districts for
40-6 the purpose of accomplishing any of the purposes or exercising any
40-7 of the powers, rights, privileges, or authority vested by Chapter
40-8 52, Water Code.
40-9 Sec. 6.02. ESTABLISHMENT OF DISTRICTS. (a) Underground
40-10 water conservation districts may be established by the procedures
40-11 contained in this section.
40-12 (b) The authority may adopt a resolution calling for the
40-13 creation of an underground water conservation district, determining
40-14 the boundaries thereof, declaring that taxes for the maintenance of
40-15 the underground water conservation district and its improvements
40-16 shall be levied, at a rate not to exceed the maximum rate fixed in
40-17 Chapter 52, Water Code, on the taxable property within the proposed
40-18 underground water conservation district, and fixing a time and
40-19 place for a public hearing on the matters set out in the
40-20 resolution. The authority must adopt a resolution calling for the
40-21 creation of an underground water conservation district when it is
40-22 requested by a local government or a group of 25 or more land
40-23 owners in the proposed district.
40-24 (c) The public hearing may be conducted by a quorum of the
40-25 board of directors, by one or more directors, or by one or more
41-1 employees designated by the board. If someone other than a quorum
41-2 of the board conducts the hearing, they shall have power to accept
41-3 evidence and make recommendations on which the board may act. The
41-4 board may alter, modify, or change any provision of the resolution
41-5 calling for the creation of the proposed underground water
41-6 conservation district subsequent to the public hearing, provided
41-7 that the boundaries of the underground water conservation district
41-8 may not be enlarged or expanded without further notice as herein
41-10 (d) Notice of the public hearing shall be published in a
41-11 newspaper of general circulation within the proposed underground
41-12 water conservation district once not less than 15 nor more than 30
41-13 days prior to the public hearing.
41-14 (e) All public hearings on creation of an underground water
41-15 conservation district shall be held within the boundaries of the
41-16 proposed underground water conservation district and may be held
41-17 concurrently or in connection with any other public hearing,
41-18 meeting, or proceeding conducted by the board.
41-19 (f) Any interested person, including persons residing or
41-20 owning property within the district, may appear at the public
41-21 hearing and present evidence relevant to the matters set forth in
41-22 the resolution calling for the creation of the proposed underground
41-23 water conservation district. All persons residing within or owning
41-24 property within the proposed underground water conservation
41-25 district shall have the right to appear at the public hearing and
42-1 present evidence with regard to whether they will receive benefits
42-2 from the proposed improvements or taxation.
42-3 (g) The board shall review the findings and recommendations
42-4 resulting from the public hearing and may adopt a resolution
42-5 creating the underground water conservation district, stating the
42-6 purposes for which the underground water conservation district has
42-7 been created, designating the boundaries of the underground water
42-8 conservation district, declaring that the indebtedness to be
42-9 incurred or the cost of services to be rendered by the authority
42-10 for the benefit of the underground water conservation district
42-11 shall be payable from taxes levied on property within the
42-12 underground water conservation district, finding that the property
42-13 within the underground water conservation district will benefit
42-14 from the indebtedness proposed to be incurred or the services
42-15 proposed to be rendered by the authority on its behalf, and calling
42-16 for an election within the underground water conservation district
42-17 to authorize the indebtedness and the maintenance tax. The
42-18 resolution shall further state the date of the election, the
42-19 proposition or propositions to be voted on, the location of the
42-20 polling places, and the names of the officers of the election. The
42-21 election may be held in conjunction with a general election or any
42-22 special election other than a primary election. The provisions of
42-23 the Election Code shall govern the election unless they are
42-24 contrary to any provision of this Act.
42-25 (h) The resolution of the board creating an underground
43-1 water conservation district is final and conclusive and is not
43-2 subject to review by any court except on the basis of whether the
43-3 resolution is supported by substantial evidence. The resolution
43-4 shall be filed in the deed records of the county or counties where
43-5 the territory within the underground water conservation district is
43-6 situated. Any action or proceeding in which the validity of the
43-7 board's resolution creating an underground water conservation
43-8 district or of the proceedings relative thereto is contested,
43-9 questioned, or denied shall be commenced within 30 days from the
43-10 effective date of the resolution; otherwise, the resolution and all
43-11 proceedings relative thereto, including the creation of the
43-12 underground water conservation district, shall be held to be valid
43-13 and in every respect legal and incontestable.
43-14 Sec. 6.03. BOUNDARIES AND ADDITION OF TERRITORY. (a) The
43-15 boundaries of an underground water conservation district may
43-16 include any territory within the district whether or not the
43-17 territory contains noncontiguous parcels of land and whether or not
43-18 the territory is located within the boundaries of any incorporated
43-19 city, town, village, or any other governmental entity or political
43-20 subdivision of the state.
43-21 (b) Proceedings for the annexation of territory to an
43-22 existing underground water conservation district may be initiated
43-23 by a resolution of the board, by a petition signed by the owners of
43-24 50 percent or more of the value of the land subject to the
43-25 proceedings, or by a petition signed by a majority of the residents
44-1 of the territory to be annexed. The petition shall, insofar as is
44-2 practicable, set forth substantially those matters set forth in the
44-3 resolution calling for the creation of an underground water
44-4 conservation district and shall request a public hearing by the
44-5 board on the matters set out in the petition. The public hearing
44-6 shall be held in substantial compliance with the provisions set
44-7 forth herein for a public hearing on creation of an underground
44-8 water conservation district. If the board determines that the
44-9 annexation should be accomplished, it may adopt a resolution
44-10 calling separate elections on the matter of annexation to be held
44-11 within the existing underground water conservation district and
44-12 within the territory to be annexed. The annexation shall not
44-13 become final until approved by a majority of the qualified voters
44-14 within the existing underground water conservation district and
44-15 until a majority of the qualified voters within the boundaries of
44-16 the territory to be annexed approve the annexation and elect to
44-17 allow the territory to be annexed to be taxed for maintenance
44-18 purposes, to assume its pro rata share of the indebtedness
44-19 authorized and the taxes necessary to support the voted but
44-20 unissued tax or tax and revenue bonds of the underground water
44-21 conservation district to be issued on behalf of the existing
44-22 underground water conservation district, and to authorize the
44-23 underground water conservation district to levy a tax on the
44-24 property therein for the payment of such unissued bonds when
44-25 issued. The elections shall conform to the Election Code, insofar
45-1 as that code is not inconsistent with the provisions of this Act.
45-2 The board's resolution canvassing the returns of such elections
45-3 shall redefine the boundaries of the underground water conservation
45-4 district and shall be recorded in the deed records of the county
45-5 within which the annexed territory lies.
45-6 (c) Proceedings for the addition of territory to an existing
45-7 underground water conservation district on which less than three
45-8 qualified voters reside may be initiated by a petition signed by
45-9 the owner or owners of the land praying that the land described
45-10 therein be added and become a part of the underground water
45-11 conservation district. The petition shall, insofar as applicable,
45-12 set forth substantially those matters set forth in a resolution
45-13 calling for the creation of an underground water conservation
45-14 district and shall request a public hearing by the board on the
45-15 matters set out in the petition. The public hearing shall be held
45-16 in substantial compliance with provisions set forth herein for a
45-17 public hearing on creation of an underground water conservation
45-18 district. If the board determines that the addition should be
45-19 accomplished, it may adopt a resolution adding such territory. If
45-20 taxes or bonds have been authorized within the underground water
45-21 conservation district prior to the addition of the territory, the
45-22 resolution adding the territory shall be temporary and the addition
45-23 shall not become final until approved by a majority of the
45-24 qualified voters within the underground water conservation district
45-25 as it will exist after the addition. The election shall be held as
46-1 soon as practicable after the adoption of the resolution adding the
46-2 territory, on the proposition of approving the addition, ratifying
46-3 the unissued tax or tax and revenue bonds of the authority which
46-4 are to be issued on behalf of the underground water conservation
46-5 district, and authorizing the underground water conservation
46-6 district to levy a tax on the property within the underground water
46-7 conservation district as enlarged for payment of the unissued bonds
46-8 when issued or for the maintenance of the underground water
46-9 conservation district, or both, as applicable. The election shall
46-10 conform to the Election Code so far as that code is not
46-11 inconsistent with the provisions of this Act. The board's
46-12 resolution canvassing the returns of the election or adding the
46-13 territory shall redefine the boundaries of the underground water
46-14 conservation district and shall be recorded in the deed records of
46-15 the county within which the added territory lies.
46-16 Sec. 6.04. TAXATION. (a) If the qualified voters in the
46-17 elections called pursuant to Section 6.02 or Section 6.03 of this
46-18 Act authorize the underground water conservation district to incur
46-19 indebtedness for the benefit of the authority, the authority shall
46-20 have authority to issue bonds as provided in Article 5 of this Act,
46-21 provided that taxes levied by the underground water conservation
46-22 district for the purpose of making payments of the interest on or
46-23 principal of the bonds shall be levied only on taxable property
46-24 within the underground water conservation district.
46-25 (b) Notwithstanding any provision of this Act to the
47-1 contrary, if the qualified voters in the elections called pursuant
47-2 to Section 6.02 or Section 6.03 of this Act authorize the
47-3 underground water conservation district to levy and collect ad
47-4 valorem taxes for the maintenance of the authority and its
47-5 improvements, the maintenance tax shall be levied only on taxable
47-6 property within the underground water conservation district.
47-7 Sec. 6.05. BONDED INDEBTEDNESS. An underground water
47-8 conservation district may incur any and all indebtedness necessary
47-9 to provide all improvements and the maintenance thereof, requisite
47-10 to the achievement of the purposes for which the underground water
47-11 conservation district is organized, and the underground water
47-12 conservation district is authorized to levy and collect all taxes
47-13 necessary for the payment of the interest on the indebtedness and
47-14 the creation of a sinking fund for the payment thereof, and such
47-15 taxes shall be a lien on the property assessed for the payment
47-17 SECTION 2. Section 11.028, Water Code, is amended to read as
47-19 Sec. 11.028. EXCEPTION. Any appropriation made after
47-20 May 17, 1931, for any purpose other than domestic or municipal use
47-21 is subject to the right of any city or town to make further
47-22 appropriations of the water for domestic or municipal use <
47-23 paying for the water>. However, this section does not apply to any
47-24 stream which constitutes or defines the international boundary
47-25 between the United States of America and the Republic of Mexico.
48-1 SECTION 3. Subsection (b), Section 52.022, Water Code, is
48-2 amended to read as follows:
48-3 (b) The commission has exclusive jurisdiction over the
48-4 delineation of management areas and the creation of districts under
48-5 this subchapter except that the regional water management district
48-6 known as the Edwards Water Authority has exclusive jurisdiction in
48-7 the area served by that district.
48-8 SECTION 4. Chapter 99, Acts of the 56th Legislature, Regular
48-9 Session, 1959 (Article 8280-219, Vernon's Texas Civil Statutes), is
48-10 amended by adding Section 3A to read as follows:
48-11 Sec. 3A. The district is granted the powers of a district
48-12 created and empowered under Chapter 52, Water Code.
48-13 SECTION 5. (a) The creation of the Uvalde County
48-14 Underground Water Conservation District and all resolutions,
48-15 orders, and other acts or attempted acts of the board of directors
48-16 of the district are validated in all respects. The creation of the
48-17 district and all resolutions, orders, and other acts or attempted
48-18 acts of the board of directors of the district are valid as though
48-19 they originally had been legally authorized or accomplished.
48-20 (b) This validation does not apply to or affect litigation
48-21 pending on the effective date of this Act in any court of competent
48-22 jurisdiction in this state to which the Uvalde County Underground
48-23 Water Conservation District is a party.
48-24 SECTION 6. (a) There is hereby created, pursuant to Article
48-25 XVI, Section 59, of the Texas Constitution, a conservation and
49-1 reclamation district to be known as the Kinney County Underground
49-2 Water Conservation District, which shall be a governmental agency
49-3 and body politic and corporate of the State of Texas. The creation
49-4 of the district is hereby determined to be essential to the
49-5 accomplishment of the purposes of Article XVI, Section 59, of the
49-6 Texas Constitution. The powers, rights, and duties of a district
49-7 created under Chapter 52, Water Code, are hereby declared to be the
49-8 powers, rights, and duties of the Kinney County Underground Water
49-9 Conservation District.
49-10 (b) The territory of the district is Kinney County.
49-11 (c) A confirmation election under the provisions of Chapter
49-12 52, Water Code, is necessary.
49-13 SECTION 7. (a) The Edwards Water Authority will submit its
49-14 water management plan to the Legislative Natural Resources Board
49-15 for review each year. The Texas Water Development Board will
49-16 submit its comments on the water management plan to the legislature
49-17 annually noting its exceptions and providing technical analysis of
49-18 the plan's effectiveness.
49-19 (b) The Edwards Water Authority and the water districts
49-20 within the territory of the authority are subject to a full review
49-21 of the effectiveness of the management of water resources in the
49-22 territory of the authority beginning in 1999. The review will be
49-23 conducted by the Legislative Natural Resources Board and its formal
49-24 report made to the legislature in 2001.
49-25 SECTION 8. The sum of $250,000 is appropriated to the
50-1 Edwards Water Authority from the water assistance fund administered
50-2 by the Texas Water Development Board for the initial startup costs
50-3 of the authority.
50-4 SECTION 9. (a) The proper and legal notice of the intention
50-5 to introduce this Act, setting forth the general substance of this
50-6 Act, has been published as provided by law, and the notice and a
50-7 copy of this Act have been furnished to all persons, agencies,
50-8 officials, or entities to which they are required to be furnished
50-9 by the constitution and other laws of this state, including the
50-10 governor, who has submitted the notice and Act to the Texas Water
50-12 (b) The Texas Water Commission has filed its recommendations
50-13 relating to this Act with the governor, lieutenant governor, and
50-14 speaker of the house of representatives within the required time.
50-15 (c) All requirements of the Texas Constitution and laws of
50-16 this state and the rules and procedures of the legislature with
50-17 respect to the notice, introduction, and passage of this Act are
50-18 fulfilled and accomplished.
50-19 SECTION 10. This Act takes effect September 1, 1993.
50-20 SECTION 11. The importance of this legislation and the
50-21 crowded condition of the calendars in both houses create an
50-22 emergency and an imperative public necessity that the
50-23 constitutional rule requiring bills to be read on three several
50-24 days in each house be suspended, and this rule is hereby suspended.