By: Sims S.B. No. 1370
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the management of water resources in the counties of
1-2 Atascosa, Bexar, Caldwell, Calhoun, Comal, DeWitt, Frio, Goliad,
1-3 Gonzales, Guadalupe, Hays, Jackson, Karnes, Kinney, Medina, Uvalde,
1-4 Victoria, and Wilson; making an appropriation.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. The Edwards Water Authority Act is adopted as
1-7 follows:
1-8 ARTICLE 1. GENERAL PROVISIONS
1-9 Sec. 1.01. PURPOSE. The purpose of this Act is to establish
1-10 an instrumentality for developing and effectuating a regional water
1-11 management program for the conjunctive use of surface and
1-12 groundwater within Atascosa, Bexar, Caldwell, Calhoun, Comal,
1-13 DeWitt, Frio, Goliad, Gonzales, Guadalupe, Hays, Jackson, Karnes,
1-14 Kinney, Medina, Uvalde, Victoria, and Wilson counties.
1-15 Sec. 1.02. FINDINGS AND DECLARATION OF POLICY. It is hereby
1-16 found and declared that the management of waters in Atascosa,
1-17 Bexar, Caldwell, Calhoun, Comal, DeWitt, Frio, Goliad, Gonzales,
1-18 Guadalupe, Hays, Jackson, Karnes, Kinney, Medina, Uvalde, Victoria,
1-19 and Wilson counties is necessary to sustain the life and economic
1-20 viability of the region; that local regulation is necessary for
1-21 effective use of the resources of the region; that regional
1-22 cooperation for water research, planning, and resource development,
1-23 for providing coordinated facilities, and for coordinating waste
2-1 disposal in critical water supply areas are more effective than
2-2 isolated efforts on a countywide, city-wide, or smaller scale; that
2-3 creation of the Edwards Water Authority would advance the
2-4 established policy of the state to manage the waters of the state
2-5 consistent with the rights of private property owners, protection
2-6 of public health and public enjoyment, the propagation and
2-7 protection of terrestrial and aquatic life, the operation of
2-8 existing industries, and the economic development of the state; and
2-9 that use of water in the district for beneficial purposes requires
2-10 that all reasonable measures be taken to be conservative in water
2-11 use, to enhance water supply, spring flow, and aquifer recharge, to
2-12 provide regional drought management, to prevent and abate water
2-13 pollution, and to reclaim polluted water for beneficial uses.
2-14 Sec. 1.03. DEFINITIONS. In this Act, unless the context
2-15 requires a different meaning:
2-16 (1) "Authority" means the Edwards Water Authority
2-17 created by this Act.
2-18 (2) "Average rainfall at Uvalde and San Antonio" means
2-19 the sum of the rainfall for the last 12 months at the National
2-20 Weather Service gauge (41-9268-6) located at the Texas A&M Research
2-21 Experiment Station in Uvalde and at the National Weather Service
2-22 gauge (41-945-7) located at the San Antonio International Airport.
2-23 (3) "Board" means the board of directors of the
2-24 authority.
2-25 (4) "Commission" means the Texas Water Commission or
3-1 its successors.
3-2 (5) "Development board" means the Texas Water
3-3 Development Board.
3-4 (6) "Director" means a member of the board.
3-5 (7) "District" means the territory included in the
3-6 authority.
3-7 (8) "Edwards district" or "Edwards districts" means
3-8 any or all of the following districts: the Edwards Underground
3-9 Water District, the Kinney County Underground Water Conservation
3-10 District, and the Uvalde County Underground Water Conservation
3-11 District.
3-12 (9) "Groundwater" means water located below the
3-13 earth's surface within the district but does not mean the underflow
3-14 of navigable streams.
3-15 (10) "Person" means any individual, public or private
3-16 corporation, political subdivision, governmental agency,
3-17 municipality, copartnership, association, firm, trust, estate, or
3-18 any other entity whatsoever.
3-19 (11) "Rule" includes regulation.
3-20 (12) "Transport of water" means the removal of
3-21 groundwater from the producing estate's boundaries or the removal
3-22 of state water from its authorized point of diversion or authorized
3-23 place of impoundment including the importation of water from
3-24 outside the district.
3-25 (13) "Water" means groundwater, percolating or
4-1 otherwise, lakes, bays, ponds, impounding reservoirs, springs,
4-2 rivers, streams, creeks, estuaries, marshes, inlets, canals, the
4-3 Gulf of Mexico within the district, and all other bodies of surface
4-4 water, natural or artificial, inland or coastal, fresh or salt,
4-5 navigable or nonnavigable, that are wholly or partially within the
4-6 district.
4-7 (14) "Water district" means a river authority, or a
4-8 water district or authority acting under Article III, Section 52,
4-9 or Article XVI, Section 59, of the Texas Constitution.
4-10 (15) "Water diversion" means the removal of state
4-11 water from a watercourse or impoundment.
4-12 (16) "Water pollution" means the alteration of the
4-13 physical, chemical, or biological quality of or the contamination
4-14 of water that renders the water harmful, detrimental, or injurious
4-15 to humans, animal life, vegetation, or property or to public
4-16 health, safety, or welfare or impairs the usefulness or the public
4-17 enjoyment of the water for any lawful or reasonable purpose.
4-18 (17) "Water level at Uvalde" means the level in feet
4-19 above mean sea level calculated as a 10-day moving average at well
4-20 YP-69-50-302.
4-21 (18) "Water level at Bexar" means the level in feet
4-22 above mean sea level calculated as a 10-day moving average at well
4-23 AY-68-37-203 (J-17).
4-24 ARTICLE 2. ADMINISTRATIVE PROVISIONS
4-25 Sec. 2.01. CREATION OF AUTHORITY. (a) There is hereby
5-1 created, pursuant to Article III, Section 52, and Article XVI,
5-2 Section 59, of the Texas Constitution, a district to be known as
5-3 the Edwards Water Authority, which shall be a governmental agency
5-4 and body politic and corporate of the State of Texas. The creation
5-5 of such district is hereby determined to be essential to the
5-6 accomplishment of the purposes of the Texas Constitution. A
5-7 confirmation election shall not be necessary.
5-8 (b) Nothing in this Act or in any other Act or law shall be
5-9 construed as authorizing the authority to levy or collect taxes or
5-10 assessments or in any way to pledge the credit of the state.
5-11 (c) The power to appropriate the use of surface water in the
5-12 district remains vested in the state. The power to regulate the
5-13 use of groundwater in the state remains vested in water districts
5-14 holding the powers granted by Chapter 52, Water Code, or special
5-15 act. The authority does not regulate the use of groundwater except
5-16 as necessary under Subsection (b) of Section 3.01 of this Act.
5-17 Sec. 2.02. DESCRIPTION. The authority's territory consists
5-18 of the area inside the boundaries of Atascosa, Bexar, Caldwell,
5-19 Calhoun, Comal, DeWitt, Frio, Goliad, Gonzales, Guadalupe, Hays,
5-20 Jackson, Karnes, Kinney, Medina, Uvalde, Victoria, and Wilson
5-21 counties. The legislature declares that all the area included in
5-22 the district will be benefited by the exercise of the powers
5-23 conferred by this Act.
5-24 Sec. 2.03. BOARD. (a) The authority's powers, rights,
5-25 duties, and functions are exercised by a board of directors.
6-1 (b) The authority shall be governed by a board of directors
6-2 composed of 15 members.
6-3 (c) The directors shall be chosen to provide the board with
6-4 the following composition:
6-5 (1) three members representing urban interests from
6-6 San Antonio, the city in the district having the largest population
6-7 of any city in the district according to the most recent federal
6-8 census to be appointed by the mayor of that city;
6-9 (2) one member representing urban interests from the
6-10 cities of Bexar County other than San Antonio to be appointed by
6-11 the mayors of those cities;
6-12 (3) one member representing urban interests from
6-13 Victoria, the city in the district having the second largest
6-14 population of any city in the district according to the most recent
6-15 federal census to be appointed by the mayor of that city;
6-16 (4) one member representing urban interests to be
6-17 appointed by the mayors of New Braunfels and San Marcos;
6-18 (5) one member representing agricultural interests
6-19 from Bexar County to be appointed by the Commissioners Court of
6-20 Bexar County;
6-21 (6) one member representing agricultural interests
6-22 from Uvalde County to be appointed by the Uvalde County Underground
6-23 Water Conservation District;
6-24 (7) one member representing agricultural interests
6-25 from Medina County to be appointed by the Medina County Underground
7-1 Water Conservation District;
7-2 (8) one member representing agricultural interests
7-3 from Kinney County to be appointed by the Kinney County Underground
7-4 Water Conservation District;
7-5 (9) one member representing agricultural interests
7-6 from Atascosa, Frio, and Wilson counties to be appointed by the
7-7 Evergreen Underground Water Conservation District;
7-8 (10) one member representing agricultural interests
7-9 from Caldwell, Gonzales, and Guadalupe counties to be appointed by
7-10 the commissioners courts of those counties;
7-11 (11) one member representing agricultural interests
7-12 from Karnes, DeWitt, and Goliad counties to be appointed by the
7-13 commissioners courts of those counties;
7-14 (12) one member representing agricultural interests
7-15 from Calhoun, Jackson, and Victoria counties to be appointed by the
7-16 commissioners courts of those counties; and
7-17 (13) one member representing industrial interests from
7-18 Calhoun, Jackson, and Victoria counties to be appointed by the
7-19 commissioners courts of those counties.
7-20 (d) The appointments of the directors shall be made within
7-21 30 days of the effective date of this Act and each year thereafter
7-22 as required. Where multiple jurisdictions cooperate to appoint
7-23 directors, ballots shall be furnished to the electors and the
7-24 resulting appointments verified by the board. Each county has one
7-25 vote in the case of a joint appointment.
8-1 Sec. 2.04. QUALIFICATION OF DIRECTORS. To be qualified to
8-2 be appointed a director, a person must be a qualified voter of the
8-3 locality which the person represents.
8-4 Sec. 2.05. TERMS OF DIRECTORS. (a) A director's term of
8-5 office shall be three years commencing September 1.
8-6 (b) Selection of directors for the first board shall be made
8-7 promptly after this Act becomes effective and the initial directors
8-8 will take office immediately on selection to serve until their
8-9 successors take office.
8-10 (c) When a director's office becomes vacant by death,
8-11 resignation, or removal, the unexpired term shall be filled by
8-12 appointment as in the case of the initial appointment.
8-13 (d) To provide for staggered terms, the terms of the initial
8-14 board of directors shall be as follows:
8-15 (1) three members representing urban interests from
8-16 the City of San Antonio with one to serve a term expiring
8-17 August 31, 1994, one expiring August 31, 1995, and one expiring
8-18 August 31, 1996;
8-19 (2) one member representing urban interests from the
8-20 other cities in Bexar County to serve until August 31, 1994;
8-21 (3) one member representing urban interests from the
8-22 City of Victoria to serve until August 31, 1995;
8-23 (4) one member representing urban interests to be
8-24 appointed by the mayors of New Braunfels and San Marcos to serve
8-25 until August 31, 1996;
9-1 (5) one member representing agricultural interests
9-2 from Bexar County to expire August 31, 1994;
9-3 (6) one member representing agricultural interests
9-4 from Uvalde County to expire August 31, 1995;
9-5 (7) one member representing agricultural interests
9-6 from Medina County to expire August 31, 1996;
9-7 (8) one member representing agricultural interests
9-8 from Kinney County to expire August 31, 1994;
9-9 (9) one member representing agricultural interests
9-10 from Atascosa, Frio, and Wilson counties to expire August 31, 1995;
9-11 (10) one member representing agricultural interests
9-12 from Caldwell, Gonzales, and Guadalupe counties to expire
9-13 August 31, 1996;
9-14 (11) one member representing agricultural interests
9-15 from Karnes, DeWitt, and Goliad counties to expire August 31, 1994;
9-16 (12) one member representing agricultural interests
9-17 from Calhoun, Jackson, and Victoria counties to expire August 31,
9-18 1995; and
9-19 (13) one representing industrial interests from
9-20 Calhoun, Jackson, and Victoria counties to expire August 31, 1996.
9-21 Sec. 2.06. BONDS OF DIRECTORS. To qualify for office, each
9-22 director must:
9-23 (1) take the oath of office prescribed by Article 16,
9-24 Revised Statutes;
9-25 (2) execute a bond in the amount of $5,000 with a
10-1 corporate surety authorized to do business in this state
10-2 conditioned on the faithful performance of the director's duties;
10-3 and
10-4 (3) file a copy of the bond with the secretary of
10-5 state and with the commissioners court of the county from which the
10-6 director is appointed.
10-7 Sec. 2.07. MEETINGS AND ACTIONS OF THE BOARD. (a) The
10-8 board shall meet at least once each year and may meet at any other
10-9 time provided in its bylaws.
10-10 (b) A majority of the board constitutes a quorum. Except as
10-11 may be otherwise provided in this Act, the vote of a majority of a
10-12 quorum of directors is required for board action.
10-13 (c) The board shall adopt bylaws at its first meeting or as
10-14 soon thereafter as possible.
10-15 Sec. 2.08. ORGANIZATION OF BOARD. (a) The board shall
10-16 elect from its members a chairman, vice-chairman, secretary, and
10-17 other officers it deems necessary.
10-18 (b) The board's bylaws shall prescribe the powers, duties,
10-19 and procedures for removal from board office of officers that it
10-20 elects.
10-21 Sec. 2.09. INTEREST IN CONTRACT. A director who is
10-22 financially interested in a contract to be executed by the
10-23 authority for the purchase of property or the construction of
10-24 facilities shall disclose that fact to the other directors and may
10-25 not vote on the acceptance of the contract.
11-1 Sec. 2.10. DIRECTOR'S COMPENSATION. (a) A director is
11-2 entitled to receive an allowance of $100 a day and reimbursement
11-3 for actual and necessary expenses incurred:
11-4 (1) for each day the director spends attending
11-5 meetings of the board; and
11-6 (2) for each day the director spends attending to the
11-7 business of the authority which is authorized by a resolution of
11-8 the board.
11-9 (b) A director is not entitled to receive a per diem
11-10 allowance for more than 120 days in any one calendar year.
11-11 Sec. 2.11. GENERAL MANAGER. (a) The board shall employ a
11-12 general manager for a term and salary set by the board.
11-13 (b) The general manager is the chief executive officer of
11-14 the authority. Under policies established by the board, the
11-15 general manager is responsible to the board for:
11-16 (1) administering the directives of the board;
11-17 (2) keeping the authority's records, including minutes
11-18 of the board's meetings;
11-19 (3) coordinating with state, federal, and local
11-20 agencies;
11-21 (4) developing plans and programs for the board's
11-22 approval;
11-23 (5) hiring, supervising, training, and discharging the
11-24 authority's employees;
11-25 (6) contracting for or retaining technical,
12-1 scientific, legal, fiscal, and other professional services; and
12-2 (7) performing any other duties assigned to the
12-3 general manager by the board.
12-4 (c) The board may discharge the general manager on a
12-5 majority vote of all the qualified directors.
12-6 Sec. 2.12. MANAGER'S AND EMPLOYEES' BONDS. (a) The general
12-7 manager and each employee of the authority charged with the
12-8 collection, custody, or payment of any money of the authority shall
12-9 execute a fidelity bond. The board shall approve the form, amount,
12-10 and surety of the bond.
12-11 (b) The authority shall pay the premiums on the employees'
12-12 bonds under this section and the directors' bonds under Subdivision
12-13 (2) of Section 2.06 of this Act.
12-14 Sec. 2.13. PRINCIPAL OFFICE. The authority shall maintain
12-15 its principal office inside the district.
12-16 Sec. 2.14. RECORDS. (a) The authority shall keep complete
12-17 and accurate accounts of its business transactions in accordance
12-18 with generally accepted methods of accounting.
12-19 (b) The authority shall keep complete and accurate minutes
12-20 of its meetings.
12-21 (c) The authority shall keep its accounts, contracts,
12-22 documents, minutes, and other records at its principal office.
12-23 (d) Neither the board nor its employees shall disclose any
12-24 records that it has relating to trade secrets or economics of
12-25 operation of industries or other private enterprises.
13-1 (e) Except as provided in Subsection (d) of this section,
13-2 the authority shall permit reasonable public inspection of its
13-3 records during regular business hours.
13-4 Sec. 2.15. SEAL. The authority shall adopt a seal, the form
13-5 of which it may alter from time to time.
13-6 Sec. 2.16. SUIT. The authority may sue and be sued in its
13-7 corporate name.
13-8 Sec. 2.17. SUPPORT OF THE AUTHORITY. (a) The fees required
13-9 by this section are payable to the authority in the manner and for
13-10 the purposes provided in this section.
13-11 (b) Every water district and water utility in the district
13-12 will pay an assessment to the authority annually. These
13-13 assessments shall be used first for the general support and
13-14 management of the authority and then for support of the authority's
13-15 research, studies, and evaluations. The amount of each assessment
13-16 shall be determined by the authority based on the cost of
13-17 operations benefitting each locality.
13-18 (c) The authority may contract for and receive payments
13-19 derived from local taxes, fees, or any other source to be spent
13-20 according to the agreement of the parties.
13-21 ARTICLE 3. POWERS AND DUTIES
13-22 Sec. 3.01. GENERAL POWERS AND DUTIES. (a) The authority
13-23 shall use its facilities and powers to accomplish the purpose of
13-24 this Act.
13-25 (b) The authority shall function with the regulatory powers
14-1 granted to districts created under Chapter 52, Water Code, and this
14-2 Act over any territory within the district that is not served by a
14-3 water district having the regulatory powers granted by Chapter 52,
14-4 Water Code.
14-5 (c) The authority shall:
14-6 (1) conduct studies to determine the feasibility of
14-7 enhancing spring flows during periods of drought to protect
14-8 critical natural habitat and to satisfy downstream needs;
14-9 (2) conduct studies and research for the control of
14-10 water pollution within the district and cooperate fully with the
14-11 development board or its successor in any studies of the
14-12 development board and utilize the results of those studies;
14-13 (3) conduct studies to determine if elevating the
14-14 existing dams constructed below the spring discharge area and
14-15 installing flow control valves to regulate spring discharge rates
14-16 during periods of high aquifer levels will elevate the water level
14-17 in the aquifer to create bank storage to make more water available
14-18 for release during periods of drought;
14-19 (4) conduct studies to determine if off-channel
14-20 reservoirs can be constructed to store spring flow discharges
14-21 during periods of excess flow for use during periods of low flow to
14-22 satisfy downstream needs;
14-23 (5) identify all potential sites for recharge
14-24 structures above the aquifer and make studies to determine the
14-25 amount of recharge that could occur if these structures were
15-1 installed;
15-2 (6) make studies to determine additional techniques or
15-3 methods that might be used to enhance recharge of the aquifer, such
15-4 as brush control, precipitation enhancement, import of water from
15-5 outside the Edwards Aquifer area, or other methods;
15-6 (7) evaluate the possible water savings that might be
15-7 achieved by providing technical and financial assistance to
15-8 irrigators to upgrade their irrigation systems;
15-9 (8) evaluate the necessary level of spring flow to
15-10 maintain biological habitat;
15-11 (9) conduct continuing studies to determine if the
15-12 activities of man are causing the encroachment of
15-13 saline-contaminated or otherwise polluted water into the fresh
15-14 water zone of the aquifer; and
15-15 (10) conduct any studies and research that the board
15-16 considers necessary to implement the provisions of this Act.
15-17 (d) The board may cooperate with and request the assistance
15-18 of the development board, the United States Geological Survey,
15-19 local governments, other agencies of the United States government
15-20 and the State of Texas in implementing the provisions of this Act.
15-21 (e) At least once each year and at any other time the board
15-22 considers necessary, the board shall have its staff and the staff
15-23 of the development board, if necessary, make a complete study of
15-24 the groundwater situation within the district and determine the
15-25 water level, rates of withdrawal, amounts of withdrawal, and other
16-1 relevant information on which to base the authority's water
16-2 management plan.
16-3 Sec. 3.02. WATER MANAGEMENT PLAN. (a) On or before August
16-4 31 of each year the board shall hold a hearing on the authority's
16-5 water management plan. The plan must consider conjunctive use of
16-6 surface and groundwater, conservation, drought management,
16-7 enhancement of spring flow, surface water development, reuse, bays
16-8 and estuaries, and other matters necessary to implement state
16-9 policy as directed by Acts of the legislature.
16-10 (b) In developing the authority's water management plan, the
16-11 board shall give priority to the proposals of the water districts
16-12 and local governments within the district.
16-13 (c) Implementation of the water management plan is the
16-14 responsibility of individual water districts, the authority when
16-15 acting in the place of a local water district, water utilities,
16-16 water permit holders, and local governments in cooperation with the
16-17 authority or others as is appropriate.
16-18 (d) The board shall print a summary of its water management
16-19 plan and furnish copies to any person on request.
16-20 Sec. 3.03. INSPECTIONS AND INVESTIGATIONS. To carry out
16-21 technical and other investigations necessary to the implementation
16-22 of this Act, the board and its agents and employees are entitled to
16-23 access to all property within the district. All persons entering
16-24 private property on behalf of the board are required to observe the
16-25 rules of operation in effect for employees of the owner.
17-1 Sec. 3.04. HEARINGS. The board may:
17-2 (1) hold hearings, receive pertinent and relevant
17-3 proof from any party in interest who appears before the board,
17-4 compel the attendance of witnesses, make findings of fact and
17-5 determinations with respect to administering the provisions of this
17-6 Act; and
17-7 (2) delegate to one or more of its members or to one
17-8 or more of its employees the authority to administer oaths and take
17-9 testimony in any hearing called by the authority or authorized by
17-10 the authority to be held, but all orders entered shall be made by
17-11 and in the name of the authority after its official action and
17-12 attested to by the proper members of the board of directors.
17-13 Sec. 3.05. COURT REVIEW. (a) A person who is adversely
17-14 affected by an act or order of the authority is entitled to
17-15 mediation. If mediation fails to resolve the dispute, a person so
17-16 affected may sue the authority in district court to set aside the
17-17 act or order. The suit shall be filed within 60 days after the day
17-18 on which the act or order took effect or the mediation ended.
17-19 (b) Venue for suits under Subsection (a) of this section is
17-20 in any county in the district.
17-21 Sec. 3.06. AUTHORITY OF WATER DISTRICTS. (a) Taxation of
17-22 property and regulation of the use of groundwater is vested in
17-23 properly empowered local governments and water districts. Nothing
17-24 in this Act confers any power to tax property on the authority.
17-25 (b) A water district may go in and on public and private
18-1 property to carry out technical and other investigations necessary
18-2 to the implementation of this Act. A water district shall transmit
18-3 the results of its inspections to the authority.
18-4 Sec. 3.07. DROUGHT MANAGEMENT PLAN. (a) This drought
18-5 management plan applies only to water in the Edwards and associated
18-6 limestone formations within the Edwards Underground Water District,
18-7 Kinney County, Medina County, and Uvalde County.
18-8 (b) There are five defined stages of drought severity and
18-9 associated demand reductions. The Edwards districts must begin the
18-10 implementation of demand reduction measures with Stage I. Each
18-11 subsequent stage will be declared in progression. The five stages
18-12 are declared when the preceding 12-month average rainfall at Uvalde
18-13 and San Antonio is less than 80 percent of the historical annual
18-14 average at these locations and when the following additional
18-15 conditions are met:
18-16 (1) Stage I:
18-17 (A) when the water level is greater than 870 at
18-18 Uvalde, the water level is less than 644 at Bexar, the spring flow
18-19 at San Marcos is less than 110 cfs, and the spring flow at Comal is
18-20 less than 160 cfs, then Stage I is declared in the Edwards district
18-21 east of the Bexar/Medina county line;
18-22 (B) when the water level is less than 870 at
18-23 Uvalde, the water level is less than 644 at Bexar, the spring flow
18-24 at San Marcos is less than 110 cfs, and the spring flow at Comal is
18-25 less than 160 cfs, then Stage I is declared in the Edwards
19-1 districts.
19-2 (2) Stage II:
19-3 (A) when the water level is greater than 870 at
19-4 Uvalde, the water level is less than 628 at Bexar, the spring flow
19-5 at San Marcos is less than 80 cfs, and the spring flow at Comal is
19-6 less than 70 cfs, then Stage II is declared in the Edwards district
19-7 east of the Bexar/Medina county line;
19-8 (B) when the water level is less than 870 at
19-9 Uvalde, the water level is less than 628 at Bexar, the spring flow
19-10 at San Marcos is less than 80 cfs, and the spring flow at Comal is
19-11 less than 70 cfs, then Stage II is declared east of the
19-12 Bexar/Medina County line and Stage I is declared west of the line;
19-13 (C) when the water level is less than 840 at
19-14 Uvalde, the water level is less than 644 at Bexar, the spring flow
19-15 at San Marcos is less than 110 cfs, and the spring flow at Comal is
19-16 less than 160 cfs, then Stage II is declared in the Edwards
19-17 districts.
19-18 (3) Stage III:
19-19 (A) when the water level is greater than 870 at
19-20 Uvalde, the water level is less than 612 at Bexar, the spring flow
19-21 at San Marcos is less than 50 cfs, and the spring flow at Comal is
19-22 less than 0, then Stage III is declared in the Edwards district
19-23 east of the Bexar/Medina county line;
19-24 (B) when the water level is less than 870 at
19-25 Uvalde, the water level is less than 612 at Bexar, the spring flow
20-1 at San Marcos is less than 50 cfs, and the spring flow at Comal is
20-2 less than 0, then Stage III is declared east of the Bexar/Medina
20-3 county line and Stage I is declared west of the line;
20-4 (C) when the water level is less than 829 at
20-5 Uvalde, the water level is less than 628 at Bexar, the spring flow
20-6 at San Marcos is less than 80 cfs, and the spring flow at Comal is
20-7 less than 70 cfs, then Stage III is declared in the Edwards
20-8 districts.
20-9 (4) Stage IV: when the water level is less than 811
20-10 at Uvalde, the water level is less than 612 at Bexar, the spring
20-11 flow at San Marcos is less than 50 cfs, and the spring flow at
20-12 Comal is less than 0, then Stage IV is declared in the Edwards
20-13 districts.
20-14 (5) Stage V: the Edwards districts will declare Stage
20-15 V when the concentration of total dissolved solids or conductivity
20-16 in any public water supply well increases to 30 percent above the
20-17 historical average and exceeds previous maximum concentrations.
20-18 Sec. 3.08. DEMAND REDUCTIONS IN WATER USE IN THE EDWARDS
20-19 DISTRICTS. (a) Water users should reduce the volume of water they
20-20 use based on goals established for each stage and by implementing
20-21 specific minimum demand reduction measures as described in their
20-22 user drought management plans.
20-23 (b) Water purveyors with more than 35 connections are
20-24 required to achieve reductions of:
20-25 (1) 10 percent in Stage I;
21-1 (2) 15 percent in Stage II;
21-2 (3) 25 percent in Stage III;
21-3 (4) 30 percent in Stage IV; and
21-4 (5) an amount that assures human health and safety and
21-5 livestock needs in Stage V.
21-6 (c) The reduction goal percentage will be applied to the
21-7 volume pumped by each user in 1984.
21-8 (d) Irrigators must reduce pumpage to two acre-feet per acre
21-9 in any 12 consecutive months in Stage V.
21-10 Sec. 3.09. USER DROUGHT MANAGEMENT PLAN. (a) Water
21-11 purveyors serving more than 35 connections and individual private
21-12 well owners who use more than 50,000 gallons per day are required
21-13 to prepare, adopt, and implement user drought management plans
21-14 consistent with this Act. All plans must be approved by the
21-15 appropriate Edwards district. Irrigation users are not required to
21-16 submit plans.
21-17 (b) On receiving notification from the Edwards districts
21-18 that drought response measures are required, users must initiate
21-19 action according to their approved user drought management plans.
21-20 They must also enforce use restrictions in their respective service
21-21 areas or operations.
21-22 (c) User drought management plans shall include:
21-23 (1) demand reduction measures developed by the
21-24 purveyor which, when combined with required measures, will achieve
21-25 the reduction goals of this Act;
22-1 (2) financial measures which will encourage
22-2 compliance;
22-3 (3) ordinances, regulations, or contractual
22-4 requirements necessary for the purveyor to enforce the plan;
22-5 (4) provisions for reporting water pumpage; and
22-6 (5) required demand reduction measures as outlined
22-7 below.
22-8 (d) Water waste is prohibited in any of the five stages.
22-9 Water waste is any use which allows water to run off into a gutter,
22-10 ditch, or drain or the failure to repair a controllable leak.
22-11 Sec. 3.10. RULES. The Edwards districts shall adopt rules
22-12 to implement the drought management plans.
22-13 Sec. 3.11. EMERGENCY FUND. The drought management plan
22-14 shall include an emergency management fund supported by users of
22-15 water utilities and industrial users of water from the Edwards
22-16 Aquifer. The fund shall provide compensation for crop losses
22-17 necessitated by emergency management of irrigation under the
22-18 authority's water management plan in times of drought. The fund
22-19 shall be administered by the development board and may be funded by
22-20 obligations of the development board supported by the pledge of
22-21 water user fees.
22-22 Sec. 3.12. ACQUISITION, CONSTRUCTION, AND OPERATION.
22-23 (a) The authority may:
22-24 (1) acquire and provide by purchase, gift, or lease
22-25 any water development, water supply, or wastewater systems or
23-1 structures within or outside the district;
23-2 (2) construct and provide water development, water
23-3 supply, or wastewater systems or structures within or outside the
23-4 district;
23-5 (3) operate and sell systems or structures that it
23-6 constructs or acquires;
23-7 (4) contract with any person to operate and maintain
23-8 any system or structures belonging to the person;
23-9 (5) contract with any person to train or supervise
23-10 employees of a system;
23-11 (6) control, store, and preserve the waters of any
23-12 rivers and streams for all useful purposes and use, distribute, and
23-13 sell the same within the boundaries of the district for any such
23-14 purposes;
23-15 (7) conserve, preserve, and develop underground waters
23-16 within the boundaries of the district for all useful purposes and
23-17 use, distribute, and sell the same for any such purposes subject to
23-18 regulation by appropriate water districts with the powers granted
23-19 by Chapter 52, Water Code;
23-20 (8) acquire water, water supply facilities, and
23-21 conservation storage capacity within or outside the district from
23-22 any person, including the state and any of its agencies and
23-23 subdivisions and the United States government and any of its
23-24 agencies and subdivisions;
23-25 (9) act to prevent or aid in the prevention of damage
24-1 to person or property from the surface waters of the district;
24-2 (10) act to prevent and to aid in the prevention of
24-3 soil erosion and flooding within the district;
24-4 (11) develop the reclamation and drainage of
24-5 overflowed lands and other lands needing drainage within the
24-6 boundaries of the district and any facilities in aid thereof; and
24-7 (12) conserve and develop waters and lands for
24-8 recreational purposes.
24-9 Sec. 3.13. CONTRACTS FOR WATER. (a) The authority may
24-10 contract for, store, and sell water that it acquires or collects.
24-11 Sec. 3.14. SALE OF WATER AND BY-PRODUCTS. (a) The
24-12 authority may store and sell water that it acquires or collects.
24-13 Groundwater acquired by the authority and transported in a
24-14 watercourse is appropriated for use by the authority. The
24-15 commission by rule may restrict this appropriation by a factor
24-16 recognizing evapotranspiration stream losses.
24-17 (b) Water right holders may contract with the authority for
24-18 the sale and transport of state water within the district. A
24-19 contract with the authority is evidence of beneficial use of state
24-20 water for the purposes of compliance with the Water Code.
24-21 (c) The transport of water within the district by persons
24-22 other than the authority is prohibited. The transport of water to
24-23 points outside the district is prohibited unless corresponding
24-24 supplies of water are made available for use within the district by
24-25 the parties being served. Nothing in this subsection restricts the
25-1 movement of potable water by a utility in its certificated service
25-2 area.
25-3 (d) No local government, water utility, or water district
25-4 located in the district may acquire a water supply outside its
25-5 boundaries except through contract with the authority.
25-6 Sec. 3.15. PERMITS FROM TEXAS WATER COMMISSION. (a) For
25-7 the purpose of maintaining established water quality standards in
25-8 the bays and estuaries within the district or other lawful purpose,
25-9 the authority may apply to the commission for water appropriation
25-10 permits.
25-11 (b) The authority may apply for water storage or use permits
25-12 from the commission to store and sell state water.
25-13 Sec. 3.16. EMINENT DOMAIN. The authority may acquire
25-14 property of any kind within or outside the district, appropriate
25-15 for the exercise of its functions, through the exercise of the
25-16 power of eminent domain under the provisions of Title 52, Revised
25-17 Statutes, as amended.
25-18 Sec. 3.17. RELOCATION OF FACILITIES. In the event that the
25-19 authority, in the exercise of the power of eminent domain or power
25-20 of relocation or any other power, makes necessary the relocation,
25-21 raising, rerouting, changing the grade of, or altering the
25-22 construction of any highway, railroad, electric transmission line,
25-23 telephone or telegraph properties and facilities, or pipelines, all
25-24 such necessary relocation, raising, rerouting, change in grade, or
25-25 alteration of construction shall be accomplished at the sole
26-1 expense of the authority. The term "sole expense" shall mean the
26-2 actual cost of such relocation, raising, rerouting, change in
26-3 grade, alteration of grade, or construction in providing comparable
26-4 replacement without any enhancement of such facilities after
26-5 deducting therefrom the net salvage value derived from the old
26-6 facility.
26-7 Sec. 3.18. USE OF PUBLIC EASEMENTS. The authority shall
26-8 have the right, power, and authority to use any and all public
26-9 roadways, streets, alleys, or public easements within or outside
26-10 the district in the accomplishment of its purposes, without the
26-11 necessity of securing a franchise.
26-12 Sec. 3.19. ACQUISITION AND DISPOSITION OF PROPERTY.
26-13 (a) The authority may purchase, lease, acquire by gift, maintain,
26-14 use, and operate property of any kind appropriate for the exercise
26-15 of its functions.
26-16 (b) The board may sell to the highest bidder at a public or
26-17 private sale or may exchange any property or land owned by the
26-18 authority which is not required to carry out the plans of the
26-19 authority. Before either a public or a private sale of property or
26-20 land not required for the authority's plans, the authority shall
26-21 give notice of the intent to sell by publishing notice once a week
26-22 for two consecutive weeks in one or more newspapers with general
26-23 circulation in the district.
26-24 Sec. 3.20. FACILITIES. The authority may acquire in any
26-25 lawful manner, construct, extend, improve, maintain, reconstruct,
27-1 use, and operate any facilities necessary or convenient to the
27-2 exercise of its powers, rights, duties, and functions.
27-3 Sec. 3.21. CONTRACTS GENERALLY. (a) The authority may make
27-4 contracts and execute instruments that are necessary or convenient
27-5 to the exercise of its powers, rights, duties, and functions. A
27-6 contract may be for any term not to exceed 50 years.
27-7 (b) Any construction or repair contract, contract for the
27-8 purchase of material, equipment, or supplies, or any contract for
27-9 services, other than technical, scientific, legal, fiscal, or other
27-10 professional services, shall be awarded to the lowest and best
27-11 bidder for the contract after publication of a notice to bidders
27-12 once each week for three consecutive weeks before the date set for
27-13 awarding the contract if the contract will require an estimated
27-14 expenditure of more than $25,000 or if the contract is for a term
27-15 of more than five years. In the event of an emergency, the
27-16 authority may let such contracts as are necessary to protect and
27-17 preserve the public health and welfare or the properties of the
27-18 authority without such bidding procedures.
27-19 (c) The notice is sufficient if it states the time and
27-20 place; when and where the bids will be opened; the general nature
27-21 of the work to be done; the material, equipment, or supplies to be
27-22 purchased; or the nonprofessional services to be rendered and
27-23 states the terms on which copies of the plans, specifications, or
27-24 other pertinent information may be obtained.
27-25 (d) Publication of the notice shall be in a newspaper having
28-1 general circulation in the county or counties in which the contract
28-2 is to be performed. In addition to publishing notice in a
28-3 newspaper having general circulation, the notice may also be
28-4 published in any other appropriate publication.
28-5 (e) Anyone desiring to bid on the construction of any work
28-6 advertised as herein provided shall on written application to the
28-7 board be furnished with a copy of the plans and specifications or
28-8 other engineering and architectural documents showing the work to
28-9 be done and all the details thereof, provided that a charge may be
28-10 made for the documents to cover the cost of reproduction. All bids
28-11 to do any such work shall be in writing, be sealed and delivered to
28-12 the board, and be accompanied by a certified check drawn on some
28-13 responsible bank in the state or a bid bond from a company approved
28-14 by the board, for at least one percent of the total amount bid.
28-15 The amount of the check or bond shall be forfeited to the authority
28-16 in the event the successful bidder fails or refuses to enter into a
28-17 proper contract therefor or fails or refuses to furnish the bond
28-18 therefor as required by law. Any or all bids may be rejected by
28-19 the board.
28-20 (f) Bids shall be opened at the place specified in the
28-21 published notice and shall be announced by the board. The place
28-22 where the bids are opened and announced shall always be open to the
28-23 public.
28-24 (g) The contract price of all construction contracts of the
28-25 authority may be made in partial payments as the work progresses,
29-1 but such payments shall not exceed 90 percent of the amount due at
29-2 the time of the payment as shown by the report of the general
29-3 manager of the authority. The board shall at all times during the
29-4 progress of the work inspect the same or cause the same to be
29-5 inspected by the general manager or his assistants, and on the
29-6 completion of any contract in accordance with its terms, the board
29-7 shall pay the balance due thereon.
29-8 (h) The person, firm, or corporation to whom the contract is
29-9 let shall provide the performance and payment bonds required by
29-10 law.
29-11 (i) The provisions of this section do not prohibit the
29-12 authority from purchasing surplus property from the United States
29-13 government by negotiated contract and without the necessity for
29-14 advertising bids.
29-15 (j) An officer, agent, or employee of the authority who is
29-16 financially interested in a contract of a type enumerated in
29-17 Subsection (b) of this section shall disclose that fact to the
29-18 board before the board votes on the acceptance of the contract.
29-19 (k) Notwithstanding any provision of any charter of any city
29-20 or town, contracts between the authority and any city or town need
29-21 not be submitted to the electorate.
29-22 (l)(1) The authority and all persons are authorized to enter
29-23 into contracts with respect to any waste and any waste disposal or
29-24 treatment facilities and any other facilities described in this
29-25 subsection or any other part of this Act, and the authority is
30-1 authorized to execute all appropriate documents and instruments in
30-2 connection therewith; the authority is authorized to issue bonds
30-3 with respect to any of its powers, including those powers granted
30-4 in this subsection, and for the purpose of providing or funding any
30-5 debt service reserve fund or other special reserve, contingency, or
30-6 other fund in connection with bonds, for the purpose of providing
30-7 funds to operate any facilities for a period not to exceed three
30-8 years after completion and to maintain any facilities, and to
30-9 provide funds to pay interest on bonds during a period determined
30-10 by the authority.
30-11 (2) All persons are authorized to contract with the
30-12 authority in any manner authorized by this Act with respect to any
30-13 facilities described in this Act, provided that any public agency
30-14 or local government additionally is authorized to enter into and
30-15 execute any such contract with the authority and to determine,
30-16 agree, and pledge that all or any part of its payments under the
30-17 contract shall be payable subject only to the authorization of such
30-18 contract, pledge, and payments by a majority vote of the governing
30-19 body of the public agency or local government. All public agencies
30-20 and local governments are authorized to use and pledge any other
30-21 available revenues or resources for and to the payment of amounts
30-22 due under such contracts as an additional source or sources of
30-23 payment or as the sole source or sources of payment and may
30-24 covenant so as to assure the availability of the amounts payable
30-25 when required.
31-1 (3) This subsection shall be wholly sufficient
31-2 authority within itself for the issuance of the bonds subject to
31-3 Article 5 of this Act, the execution of the contracts, and the
31-4 performance of the other acts and procedures authorized herein by
31-5 the authority and all persons, including specifically public
31-6 agencies, without reference to any other provisions of law or any
31-7 restrictions or limitations contained therein, except as herein
31-8 specifically provided. To the extent of any conflict or
31-9 inconsistency between any provisions of this subsection and any
31-10 other provision of law, including any home-rule city charter
31-11 provisions, this subsection shall prevail and control, provided
31-12 that the authority and all persons, including specifically public
31-13 agencies, shall have the right to use any other provision of law
31-14 not in conflict with the provisions of this subsection to the
31-15 extent convenient or necessary to carry out any power or authority,
31-16 express or implied, granted by this subsection.
31-17 Sec. 3.22. COOPERATIVE AGREEMENTS. The authority may enter
31-18 into cooperative agreements with other local governments, water
31-19 districts, state agencies, or agencies of the United States
31-20 government. Cooperative agreements include but are not limited to
31-21 agreements:
31-22 (1) for water development functions;
31-23 (2) to perform water supply, water quality, waste
31-24 disposal management, and inspection functions and give technical
31-25 aid and education services to any entity that is a party to the
32-1 agreement; and
32-2 (3) to transfer money or property to any entity that
32-3 is a party to the cooperative agreement for the purpose of water
32-4 supply, water quality, waste disposal management, inspection,
32-5 enforcement, and technical aid and education.
32-6 Sec. 3.23. REUSE AUTHORIZED. (a) Any regulation affecting
32-7 the withdrawal of water from the Edwards Aquifer shall allow for
32-8 credit to be given for the certified reuse of aquifer water. For
32-9 regulatory credit, the authority must certify:
32-10 (1) the beneficial use and reuse of aquifer water;
32-11 (2) the amount of aquifer water to be used; and
32-12 (3) the amount of aquifer withdrawals replaced by
32-13 reuse.
32-14 (b) Water withdrawn from the Edwards Aquifer and returned to
32-15 a water course by a municipal or industrial user under a wastewater
32-16 discharge permit is appropriated to the discharging user for reuse
32-17 to the extent that:
32-18 (1) reuse is certified by the authority;
32-19 (2) reuse replaces water that would otherwise have
32-20 been withdrawn from the Edwards Aquifer; and
32-21 (3) reuse is for municipal or industrial purposes.
32-22 Sec. 3.24. RIGHTS NOT AFFECTED. (a) Contracts of the
32-23 Lavaca-Navidad River Authority to supply water from surface water
32-24 supplies to local governments or other public entities outside the
32-25 boundaries of the district are exempt from and not affected by the
33-1 provisions of this Act. The Lavaca-Navidad River Authority is not
33-2 exempt from other applicable provisions of this Act.
33-3 (b) The anticipated development of methods and structures to
33-4 enhance recharge of the Edwards Aquifer may impair or otherwise
33-5 affect existing or future water supply projects in the Nueces, San
33-6 Antonio, and Guadalupe river basins. It is necessary to maximize
33-7 the benefits of existing and future water supply projects for
33-8 highest and best use of the entire water resource. The commission
33-9 may not impose or enforce any condition on the use of state water
33-10 that results in a reduction of the firm yield of a water supply
33-11 project in the Nueces, San Antonio, or Guadalupe river basins.
33-12 ARTICLE 4. GENERAL FISCAL PROVISIONS
33-13 Sec. 4.01. DISBURSEMENT OF FUNDS. The authority's money is
33-14 disbursable only by check, draft, order, or other instrument signed
33-15 by the person or persons authorized to do so by the board's bylaws
33-16 or by resolution of the board.
33-17 Sec. 4.02. FEES AND CHARGES. The authority shall establish
33-18 fees and charges for its services which may not be higher than
33-19 necessary to fulfill the obligations imposed on it by this Act.
33-20 Sec. 4.03. LOANS AND GRANTS. (a) The authority may borrow
33-21 money for its corporate purposes.
33-22 (b) The authority may borrow money and accept grants from
33-23 private sources, the United States government, the state, and local
33-24 governments. The authority may enter into any agreement in
33-25 connection with the loan or grant which is not in conflict with the
34-1 constitution and laws of this state.
34-2 (c) The sources of any funds accepted by the authority are
34-3 public information, as to both the amount and any restrictions
34-4 placed by the donor on their expenditure.
34-5 Sec. 4.04. FISCAL YEAR. The authority's fiscal year shall
34-6 be established by the board.
34-7 Sec. 4.05. INDEPENDENT AUDIT. (a) The authority shall keep
34-8 a complete system of accounts. An audit of its affairs for each
34-9 year shall be prepared by an independent certified public
34-10 accountant or a firm of independent certified public accountants of
34-11 recognized integrity and ability selected by the board. The cost
34-12 of the audit shall be paid by the authority.
34-13 (b) The authority shall file copies of the independent audit
34-14 with the governor, the development board, and the commissioners
34-15 court of each county in the district. The board shall keep at
34-16 least one copy of the audit at the office of the authority open to
34-17 inspection by any interested person during normal office hours.
34-18 Sec. 4.06. DEPOSITORY BANKS. (a) The board shall designate
34-19 one or more banks within the district to serve as depository for
34-20 the funds of the authority. All funds of the authority shall be
34-21 deposited in the depository bank or banks except that bond proceeds
34-22 and funds pledged to pay bonds may be deposited with the trustee
34-23 bank named in the trust indenture to the extent provided in a trust
34-24 indenture and except that funds shall be remitted to the bank of
34-25 payment for the payment of principal of and interest on bonds. To
35-1 the extent that funds in the depository banks or a trustee bank are
35-2 not invested or insured by the Federal Deposit Insurance
35-3 Corporation, they shall be secured in the manner provided by law
35-4 for the security of county funds.
35-5 (b) Before designating a depository bank or banks, the board
35-6 shall issue a notice stating the time and place when and where the
35-7 board will meet for such purpose and inviting the banks in the
35-8 district to submit applications to be designated depositories. The
35-9 term of service for depositories shall be prescribed by the board.
35-10 Such notice shall be published one time in a newspaper of general
35-11 circulation in the district and specified by the board, or, in lieu
35-12 of such publication, a copy of such notice may be mailed to each
35-13 bank in the district.
35-14 (c) At the time mentioned in the notice, the board shall
35-15 consider the applications and the management and condition of the
35-16 banks filing them and shall designate as depositories the bank or
35-17 banks which offer the most favorable terms and conditions for the
35-18 handling of the funds of the authority and which the board finds
35-19 have proper management and are in condition to warrant handling of
35-20 authority funds. Membership on the board of an officer or director
35-21 of a bank shall not disqualify the bank from being designated as
35-22 depository.
35-23 (d) If no applications are received by the time stated in
35-24 the notice, the board shall designate some bank or banks within or
35-25 outside the district on such terms and conditions as it may find
36-1 advantageous to the authority.
36-2 ARTICLE 5. BOND AND TAX PROVISIONS
36-3 Sec. 5.01. BONDS. (a) For the purpose of carrying out any
36-4 power or authority conferred by this Act, including the expense of
36-5 preparing the master plan and the payment of engineering and other
36-6 expenses in connection therewith, the authority is empowered to
36-7 issue bonds secured by a pledge of all or part of the revenues
36-8 accruing to the authority, including without limitation those
36-9 received from the sale of water or other products, rendition of
36-10 service, tolls, charges, and all other sources.
36-11 (b) Bonds shall be authorized by resolution of the board and
36-12 shall be issued in the name of the authority, signed by the
36-13 chairman and vice-chairman, and attested by the secretary, and
36-14 shall bear the seal of the authority. It is provided, however,
36-15 that the signatures of the chairman, the vice-chairman, or the
36-16 secretary or of both signees may be printed or lithographed on the
36-17 bonds if authorized by the board, and that the seal of the
36-18 authority may be impressed on the bonds or may be printed or
36-19 lithographed thereon. The bonds shall be in such form as shall be
36-20 prescribed by the board, shall be in such denomination or
36-21 denominations, shall mature serially or otherwise in not to exceed
36-22 50 years from their date, shall bear such interest, and may be sold
36-23 at a price and under terms determined by the board to be the most
36-24 advantageous reasonably obtainable, and, within the discretion of
36-25 the board, may be made callable prior to maturity at such times and
37-1 prices as may be prescribed in the bonds, and may be made
37-2 registrable as to principal or as to both principal and interest.
37-3 The bonds may be further secured by an indenture of trust with a
37-4 corporate trustee.
37-5 (c) Bonds may be issued in more than one series and from
37-6 time to time as required for carrying out the purposes of this Act.
37-7 Any pledge of revenues may reserve the right, under conditions
37-8 therein specified, to issue additional bonds which will be on a
37-9 parity with or be secured by a lien senior to or subordinate to the
37-10 bonds then being issued.
37-11 (d) The resolution authorizing the bonds or the trust
37-12 indenture further securing such bonds may specify additional
37-13 provisions which shall constitute a contract between the authority
37-14 and its bondholders. The board shall have full discretion in
37-15 providing for such additional provisions including the authority to
37-16 provide for a corporate trustee or receiver to take possession of
37-17 facilities of the authority in the event of default on the part of
37-18 the authority in fulfilling the covenants therein made.
37-19 Sec. 5.02. REFUNDING BONDS. The authority is authorized to
37-20 issue refunding bonds for the purpose of refunding any outstanding
37-21 bonds authorized by this Act and interest thereon. Such refunding
37-22 bonds may be issued to refund one or more series of outstanding
37-23 bonds and combine the pledges for the outstanding bonds for the
37-24 security of the refunding bonds and may be secured by other or
37-25 additional revenues. The provisions of this law with reference to
38-1 the issuance by the authority of other bonds, their security, and
38-2 their approval by the attorney general and the remedies of the
38-3 holders shall be applicable to refunding bonds. Refunding bonds
38-4 shall be registered by the comptroller on surrender and
38-5 cancellation of the bonds to be refunded, but in lieu thereof the
38-6 resolution authorizing their issuance may provide that they shall
38-7 be sold and the proceeds thereof deposited in the bank where the
38-8 original bonds are payable, in which case the refunding bonds may
38-9 be issued in an amount sufficient to pay the principal of and the
38-10 interest on the original bonds to their option date or maturity
38-11 date, and the comptroller shall register them without concurrent
38-12 surrender and cancellation of the original bonds.
38-13 Sec. 5.03. APPROVAL AND REGISTRATION OF BONDS. After any
38-14 bonds, including refunding bonds, are authorized by the authority,
38-15 such bonds and the record relating to their issuance shall be
38-16 submitted to the attorney general for examination as to the
38-17 validity thereof. If such bonds recite that they are secured by a
38-18 pledge of the proceeds of a contract made between the authority and
38-19 any city or other governmental agency, authority, or district, a
38-20 copy of such contract and the proceedings of the city or other
38-21 governmental agency, authority, or district authorizing such
38-22 contract shall also be submitted to the attorney general. If the
38-23 attorney general finds that such bonds have been authorized and
38-24 such contracts have been made in accordance with the constitution
38-25 and laws of the state, the attorney general shall approve the bonds
39-1 and such contracts and the bonds then shall be registered by the
39-2 comptroller of public accounts. Thereafter the bonds and the
39-3 contracts, if any, shall be valid and binding and shall be
39-4 incontestable for any cause.
39-5 Sec. 5.04. BONDS AUTHORIZED INVESTMENTS. All bonds and
39-6 refunding bonds of the authority shall be and are hereby declared
39-7 to be legal, eligible, and authorized investments for banks;
39-8 savings and loan associations; insurance companies; fiduciaries;
39-9 trustees; the sinking funds of cities, towns, villages, counties,
39-10 school districts, or any other political corporation or subdivision
39-11 of the State of Texas; and for all public funds of the state or its
39-12 agencies, including the permanent school fund. Such bonds and
39-13 refunding bonds shall be eligible to secure the deposit of any and
39-14 all public funds of the state and the cities, towns, villages,
39-15 counties, school districts, or other political corporations or
39-16 subdivisions of the state, and such bonds shall be lawful and
39-17 sufficient security for the deposits to the extent of the face
39-18 value of the bonds when accompanied by all unmatured coupons
39-19 appurtenant thereto.
39-20 Sec. 5.05. TAXES AND FEES. Subject to all applicable laws,
39-21 taxes and fees may be levied by local governments in any manner and
39-22 amount necessary to carry out the purposes of this Act, to support
39-23 the authority, or to fulfill any agreement with the authority.
39-24 ARTICLE 6. UNDERGROUND WATER
39-25 CONSERVATION DISTRICTS
40-1 Sec. 6.01. PURPOSE AND POWER OF DISTRICT. The authority may
40-2 establish one or more underground water conservation districts for
40-3 the purpose of accomplishing any of the purposes or exercising any
40-4 of the powers, rights, privileges, or authority vested by Chapter
40-5 52, Water Code.
40-6 Sec. 6.02. ESTABLISHMENT OF DISTRICTS. (a) Underground
40-7 water conservation districts may be established by the procedures
40-8 contained in this section.
40-9 (b) The authority may adopt a resolution calling for the
40-10 creation of an underground water conservation district, determining
40-11 the boundaries thereof, declaring that taxes for the maintenance of
40-12 the underground water conservation district and its improvements
40-13 shall be levied, at a rate not to exceed the maximum rate fixed in
40-14 Chapter 52, Water Code, on the taxable property within the proposed
40-15 underground water conservation district, and fixing a time and
40-16 place for a public hearing on the matters set out in the
40-17 resolution. The authority must adopt a resolution calling for the
40-18 creation of an underground water conservation district when it is
40-19 requested by a local government or a group of 25 or more land
40-20 owners in the proposed district.
40-21 (c) The public hearing may be conducted by a quorum of the
40-22 board of directors, by one or more directors, or by one or more
40-23 employees designated by the board. If someone other than a quorum
40-24 of the board conducts the hearing, they shall have power to accept
40-25 evidence and make recommendations on which the board may act. The
41-1 board may alter, modify, or change any provision of the resolution
41-2 calling for the creation of the proposed underground water
41-3 conservation district subsequent to the public hearing, provided
41-4 that the boundaries of the underground water conservation district
41-5 may not be enlarged or expanded without further notice as herein
41-6 provided.
41-7 (d) Notice of the public hearing shall be published in a
41-8 newspaper of general circulation within the proposed underground
41-9 water conservation district once not less than 15 nor more than 30
41-10 days prior to the public hearing.
41-11 (e) All public hearings on creation of an underground water
41-12 conservation district shall be held within the boundaries of the
41-13 proposed underground water conservation district and may be held
41-14 concurrently or in connection with any other public hearing,
41-15 meeting, or proceeding conducted by the board.
41-16 (f) Any interested person, including persons residing or
41-17 owning property within the district, may appear at the public
41-18 hearing and present evidence relevant to the matters set forth in
41-19 the resolution calling for the creation of the proposed underground
41-20 water conservation district. All persons residing within or owning
41-21 property within the proposed underground water conservation
41-22 district shall have the right to appear at the public hearing and
41-23 present evidence with regard to whether they will receive benefits
41-24 from the proposed improvements or taxation.
41-25 (g) The board shall review the findings and recommendations
42-1 resulting from the public hearing and may adopt a resolution
42-2 creating the underground water conservation district, stating the
42-3 purposes for which the underground water conservation district has
42-4 been created, designating the boundaries of the underground water
42-5 conservation district, declaring that the indebtedness to be
42-6 incurred or the cost of services to be rendered by the authority
42-7 for the benefit of the underground water conservation district
42-8 shall be payable from taxes levied on property within the
42-9 underground water conservation district, finding that the property
42-10 within the underground water conservation district will benefit
42-11 from the indebtedness proposed to be incurred or the services
42-12 proposed to be rendered by the authority on its behalf, and calling
42-13 for an election within the underground water conservation district
42-14 to authorize the indebtedness and the maintenance tax. The
42-15 resolution shall further state the date of the election, the
42-16 proposition or propositions to be voted on, the location of the
42-17 polling places, and the names of the officers of the election. The
42-18 election may be held in conjunction with a general election or any
42-19 special election other than a primary election. The provisions of
42-20 the Election Code shall govern the election unless they are
42-21 contrary to any provision of this Act.
42-22 (h) The resolution of the board creating an underground
42-23 water conservation district is final and conclusive and is not
42-24 subject to review by any court except on the basis of whether the
42-25 resolution is supported by substantial evidence. The resolution
43-1 shall be filed in the deed records of the county or counties where
43-2 the territory within the underground water conservation district is
43-3 situated. Any action or proceeding in which the validity of the
43-4 board's resolution creating an underground water conservation
43-5 district or of the proceedings relative thereto is contested,
43-6 questioned, or denied shall be commenced within 30 days from the
43-7 effective date of the resolution; otherwise, the resolution and all
43-8 proceedings relative thereto, including the creation of the
43-9 underground water conservation district, shall be held to be valid
43-10 and in every respect legal and incontestable.
43-11 Sec. 6.03. BOUNDARIES AND ADDITION OF TERRITORY. (a) The
43-12 boundaries of an underground water conservation district may
43-13 include any territory within the district whether or not the
43-14 territory contains noncontiguous parcels of land and whether or not
43-15 the territory is located within the boundaries of any incorporated
43-16 city, town, village, or any other governmental entity or political
43-17 subdivision of the state.
43-18 (b) Proceedings for the annexation of territory to an
43-19 existing underground water conservation district may be initiated
43-20 by a resolution of the board, by a petition signed by the owners of
43-21 50 percent or more of the value of the land subject to the
43-22 proceedings, or by a petition signed by a majority of the residents
43-23 of the territory to be annexed. The petition shall, insofar as is
43-24 practicable, set forth substantially those matters set forth in the
43-25 resolution calling for the creation of an underground water
44-1 conservation district and shall request a public hearing by the
44-2 board on the matters set out in the petition. The public hearing
44-3 shall be held in substantial compliance with the provisions set
44-4 forth herein for a public hearing on creation of an underground
44-5 water conservation district. If the board determines that the
44-6 annexation should be accomplished, it may adopt a resolution
44-7 calling separate elections on the matter of annexation to be held
44-8 within the existing underground water conservation district and
44-9 within the territory to be annexed. The annexation shall not
44-10 become final until approved by a majority of the qualified voters
44-11 within the existing underground water conservation district and
44-12 until a majority of the qualified voters within the boundaries of
44-13 the territory to be annexed approve the annexation and elect to
44-14 allow the territory to be annexed to be taxed for maintenance
44-15 purposes, to assume its pro rata share of the indebtedness
44-16 authorized and the taxes necessary to support the voted but
44-17 unissued tax or tax and revenue bonds of the underground water
44-18 conservation district to be issued on behalf of the existing
44-19 underground water conservation district, and to authorize the
44-20 underground water conservation district to levy a tax on the
44-21 property therein for the payment of such unissued bonds when
44-22 issued. The elections shall conform to the Election Code, insofar
44-23 as that code is not inconsistent with the provisions of this Act.
44-24 The board's resolution canvassing the returns of such elections
44-25 shall redefine the boundaries of the underground water conservation
45-1 district and shall be recorded in the deed records of the county
45-2 within which the annexed territory lies.
45-3 (c) Proceedings for the addition of territory to an existing
45-4 underground water conservation district on which less than three
45-5 qualified voters reside may be initiated by a petition signed by
45-6 the owner or owners of the land praying that the land described
45-7 therein be added and become a part of the underground water
45-8 conservation district. The petition shall, insofar as applicable,
45-9 set forth substantially those matters set forth in a resolution
45-10 calling for the creation of an underground water conservation
45-11 district and shall request a public hearing by the board on the
45-12 matters set out in the petition. The public hearing shall be held
45-13 in substantial compliance with provisions set forth herein for a
45-14 public hearing on creation of an underground water conservation
45-15 district. If the board determines that the addition should be
45-16 accomplished, it may adopt a resolution adding such territory. If
45-17 taxes or bonds have been authorized within the underground water
45-18 conservation district prior to the addition of the territory, the
45-19 resolution adding the territory shall be temporary and the addition
45-20 shall not become final until approved by a majority of the
45-21 qualified voters within the underground water conservation district
45-22 as it will exist after the addition. The election shall be held as
45-23 soon as practicable after the adoption of the resolution adding the
45-24 territory, on the proposition of approving the addition, ratifying
45-25 the unissued tax or tax and revenue bonds of the authority which
46-1 are to be issued on behalf of the underground water conservation
46-2 district, and authorizing the underground water conservation
46-3 district to levy a tax on the property within the underground water
46-4 conservation district as enlarged for payment of the unissued bonds
46-5 when issued or for the maintenance of the underground water
46-6 conservation district, or both, as applicable. The election shall
46-7 conform to the Election Code so far as that code is not
46-8 inconsistent with the provisions of this Act. The board's
46-9 resolution canvassing the returns of the election or adding the
46-10 territory shall redefine the boundaries of the underground water
46-11 conservation district and shall be recorded in the deed records of
46-12 the county within which the added territory lies.
46-13 Sec. 6.04. TAXATION. (a) If the qualified voters in the
46-14 elections called pursuant to Section 6.02 or Section 6.03 of this
46-15 Act authorize the underground water conservation district to incur
46-16 indebtedness for the benefit of the authority, the authority shall
46-17 have authority to issue bonds as provided in Article 5 of this Act,
46-18 provided that taxes levied by the underground water conservation
46-19 district for the purpose of making payments of the interest on or
46-20 principal of the bonds shall be levied only on taxable property
46-21 within the underground water conservation district.
46-22 (b) Notwithstanding any provision of this Act to the
46-23 contrary, if the qualified voters in the elections called pursuant
46-24 to Section 6.02 or Section 6.03 of this Act authorize the
46-25 underground water conservation district to levy and collect ad
47-1 valorem taxes for the maintenance of the authority and its
47-2 improvements, the maintenance tax shall be levied only on taxable
47-3 property within the underground water conservation district.
47-4 Sec. 6.05. BONDED INDEBTEDNESS. An underground water
47-5 conservation district may incur any and all indebtedness necessary
47-6 to provide all improvements and the maintenance thereof, requisite
47-7 to the achievement of the purposes for which the underground water
47-8 conservation district is organized, and the underground water
47-9 conservation district is authorized to levy and collect all taxes
47-10 necessary for the payment of the interest on the indebtedness and
47-11 the creation of a sinking fund for the payment thereof, and such
47-12 taxes shall be a lien on the property assessed for the payment
47-13 thereof.
47-14 SECTION 2. Section 11.028, Water Code, is amended to read as
47-15 follows:
47-16 Sec. 11.028. EXCEPTION. Any appropriation made after
47-17 May 17, 1931, for any purpose other than domestic or municipal use
47-18 is subject to the right of any city or town to make further
47-19 appropriations of the water for domestic or municipal use <without
47-20 paying for the water>. However, this section does not apply to any
47-21 stream which constitutes or defines the international boundary
47-22 between the United States of America and the Republic of Mexico.
47-23 SECTION 3. Subsection (b), Section 52.022, Water Code, is
47-24 amended to read as follows:
47-25 (b) The commission has exclusive jurisdiction over the
48-1 delineation of management areas and the creation of districts under
48-2 this subchapter except that the regional water management district
48-3 known as the Edwards Water Authority has exclusive jurisdiction in
48-4 the area served by that district.
48-5 SECTION 4. Chapter 99, Acts of the 56th Legislature, Regular
48-6 Session, 1959 (Article 8280-219, Vernon's Texas Civil Statutes), is
48-7 amended by adding Section 3A to read as follows:
48-8 Sec. 3A. The district is granted the powers of a district
48-9 created and empowered under Chapter 52, Water Code.
48-10 SECTION 5. (a) The creation of the Uvalde County
48-11 Underground Water Conservation District and all resolutions,
48-12 orders, and other acts or attempted acts of the board of directors
48-13 of the district are validated in all respects. The creation of the
48-14 district and all resolutions, orders, and other acts or attempted
48-15 acts of the board of directors of the district are valid as though
48-16 they originally had been legally authorized or accomplished.
48-17 (b) This validation does not apply to or affect litigation
48-18 pending on the effective date of this Act in any court of competent
48-19 jurisdiction in this state to which the Uvalde County Underground
48-20 Water Conservation District is a party.
48-21 SECTION 6. (a) There is hereby created, pursuant to Article
48-22 XVI, Section 59, of the Texas Constitution, a conservation and
48-23 reclamation district to be known as the Kinney County Underground
48-24 Water Conservation District, which shall be a governmental agency
48-25 and body politic and corporate of the State of Texas. The creation
49-1 of the district is hereby determined to be essential to the
49-2 accomplishment of the purposes of Article XVI, Section 59, of the
49-3 Texas Constitution. The powers, rights, and duties of a district
49-4 created under Chapter 52, Water Code, are hereby declared to be the
49-5 powers, rights, and duties of the Kinney County Underground Water
49-6 Conservation District.
49-7 (b) The territory of the district is Kinney County.
49-8 (c) A confirmation election under the provisions of Chapter
49-9 52, Water Code, is necessary.
49-10 SECTION 7. (a) The Edwards Water Authority will submit its
49-11 water management plan to the Legislative Natural Resources Board
49-12 for review each year. The Texas Water Development Board will
49-13 submit its comments on the water management plan to the legislature
49-14 annually noting its exceptions and providing technical analysis of
49-15 the plan's effectiveness.
49-16 (b) The Edwards Water Authority and the water districts
49-17 within the territory of the authority are subject to a full review
49-18 of the effectiveness of the management of water resources in the
49-19 territory of the authority beginning in 1999. The review will be
49-20 conducted by the Legislative Natural Resources Board and its formal
49-21 report made to the legislature in 2001.
49-22 SECTION 8. The sum of $250,000 is appropriated to the
49-23 Edwards Water Authority from the water assistance fund administered
49-24 by the Texas Water Development Board for the initial startup costs
49-25 of the authority.
50-1 SECTION 9. (a) The proper and legal notice of the intention
50-2 to introduce this Act, setting forth the general substance of this
50-3 Act, has been published as provided by law, and the notice and a
50-4 copy of this Act have been furnished to all persons, agencies,
50-5 officials, or entities to which they are required to be furnished
50-6 by the constitution and other laws of this state, including the
50-7 governor, who has submitted the notice and Act to the Texas Water
50-8 Commission.
50-9 (b) The Texas Water Commission has filed its recommendations
50-10 relating to this Act with the governor, lieutenant governor, and
50-11 speaker of the house of representatives within the required time.
50-12 (c) All requirements of the Texas Constitution and laws of
50-13 this state and the rules and procedures of the legislature with
50-14 respect to the notice, introduction, and passage of this Act are
50-15 fulfilled and accomplished.
50-16 SECTION 10. This Act takes effect September 1, 1993.
50-17 SECTION 11. The importance of this legislation and the
50-18 crowded condition of the calendars in both houses create an
50-19 emergency and an imperative public necessity that the
50-20 constitutional rule requiring bills to be read on three several
50-21 days in each house be suspended, and this rule is hereby suspended.