Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Gallego H.B. No. 3387
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the duties and operations of a watermaster's office,
1-3 reimbursement of the Texas Natural Resource Conservation Commission
1-4 for the compensation and necessary expenses of a watermaster's
1-5 office and creation of the watermaster fund.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 11.326, Water Code, is amended to read as
1-8 follows:
1-9 Sec. 11.326. Appointment of Watermaster. (a) The executive
1-10 director may appoint one watermaster for each water division.
1-11 (b) A watermaster holds office until a successor is
1-12 appointed. The executive director may remove a watermaster at any
1-13 time.
1-14 (c) The executive director may employ assistant watermasters
1-15 and other employees necessary to aid a watermaster in the discharge
1-16 of his duties.
1-17 (d) In a water division in which the office of watermaster
1-18 is vacant, the executive director has the powers of a watermaster.
1-19 (e) The executive director shall supervise and generally
1-20 direct the watermaster in the performance of his duties[.] as defined
1-21 in Section 11.327. A watermaster is responsible directly to the
1-22 executive director for the proper performance of his duties.
1-23 (f) A person dissatisfied with any action of a watermaster
1-24 may apply to the executive director for relief.
2-1 SECTION 2. Subchapter G, Chapter 11, is amended by adding
2-2 Section 11.3261 to read as follows:
2-3 Sec. 11.3261. WATERMASTER ADVISORY COMMITTEE. (a) The
2-4 executive director shall establish a Watermaster Advisory Committee
2-5 consisting of a minimum of nine (9) members, but no more than
2-6 fifteen (15) members, who are holders of water rights or
2-7 representatives of holders of water rights in the water division of
2-8 a watermaster. In appointing members of the advisory committee the
2-9 executive director shall consider geographic representation, amount
2-10 of water rights held, different types of holders of water rights
2-11 and uses such as water districts, municipal suppliers, irrigators,
2-12 and industrial users and experience and knowledge in water
2-13 management practices.
2-14 (b) An advisory committee member is not entitled to
2-15 reimbursement of expenses incurred or to compensation.
2-16 (c) An advisory committee member shall serve a term of two
2-17 (2) years from date of initial appointment by the executive
2-18 director and hold office until a successor is appointed.
2-19 (d) The advisory committee shall meet within thirty (30)
2-20 days following initial appointment by the executive director and
2-21 elect a presiding officer who shall serve on an annual basis and
2-22 the committee shall meet regularly thereafter as is necessary.
2-23 (e) The advisory committee's duties include: (1) general
2-24 oversight of watermaster operations and recommendations to the
2-25 executive director regarding activities of benefit to the holders
2-26 of water rights in the administration and distribution of water to
2-27 holders of water rights; (2) review and comment to the executive
2-28 director on the annual budget of the watermaster operations; (3)
2-29 other duties as may be requested by the executive director with
2-30 regard to the watermaster operation or as requested by holders of
3-1 water rights in the water division in which the committee deems of
3-2 benefit to administration of water rights in the water division.
3-3 SECTION 3. Section 11.327, Water Code, is amended to read as
3-4 follows:
3-5 Sec. 11.327. Duties of Watermaster. (a) A watermaster
3-6 shall divide the water of the streams or other sources of supply of
3-7 his division in accordance with the adjudicated water rights.
3-8 (b) A watermaster shall regulate or cause to be regulated
3-9 the controlling works of reservoirs and diversion works in time of
3-10 water shortage, as is necessary because of the rights existing in
3-11 the streams of his division, or as is necessary to prevent the
3-12 waste of water or its diversion, taking, storage, or use in excess
3-13 of the quantities to which the holders of water rights are lawfully
3-14 entitled.
3-15 (c) A watermaster may regulate the distribution of water
3-16 from any system of works that serves users whose rights have been
3-17 separately determined.
3-18 (d) A watermaster's duties shall not include duties not
3-19 directly associated with the duties defined in Subsections (a), (b)
3-20 or (c) or duties which relate to other activities, programs or
3-21 purposes of the commission except duties as may directly benefit
3-22 the holders of water rights in respect to their water rights when
3-23 approved by the watermaster advisory committee and executive
3-24 director.
3-25 SECTION 4. Section 11.329, Water Code, is amended to read as
3-26 follows:
3-27 Sec. 11.329. Compensation and Expenses of Watermaster.
3-28 (a) The commission shall pay the compensation and necessary
3-29 expenses of a watermaster, assistant watermasters, and other
3-30 necessary employees, but the holders of water rights that have been
4-1 determined or adjudicated and are to be administered by the
4-2 watermaster shall reimburse the commission for the compensation and
4-3 expenses. Necessary expenses [may include] shall be limited to costs
4-4 associated with streamflow measurement and monitoring, water
4-5 accounting, assessment billing and collection done by a
4-6 watermaster, and [any] other duties a watermaster may be required to
4-7 perform under this subchapter.
4-8 (b) After the adjudication decree becomes final, and each
4-9 fiscal year thereafter, the executive director shall notify by July
4-10 1 of each fiscal year each holder of water rights under the decree
4-11 of the budget for the watermaster operations showing the amount of
4-12 compensation and expenses that will be required annually for the
4-13 administration of the water rights so determined. This budget
4-14 shall be furnished to the watermaster advisory committee for
4-15 comment at least thirty (30) days prior to notification to each
4-16 holder of water rights.
4-17 (c) The commission shall hold a public hearing on the
4-18 required annual amount as set out in the budget if requested in
4-19 writing by ten (10) water right holders filed with the commission
4-20 on or before August 1 of each fiscal year. The commission shall
4-21 hold a public hearing to determine the apportionment of the costs
4-22 of administration of adjudicated water rights among the holders of
4-23 the rights. After [a] the public hearing or hearings, the commission
4-24 shall issue an order assessing the annual cost against the holders
4-25 of water rights to whom the water will be distributed under the
4-26 final decree. The commission shall equitably apportion the costs.
4-27 The executive director may provide for payments in installments and
4-28 shall specify the dates by which payments shall be made to the
4-29 commission.
4-30 (d) The executive director shall [transmit all collections
5-1 under this section to the State Treasures] collect the assessments
5-2 and shall account for assessments separately for each water
5-3 division watermaster operation and shall deposit assessments
5-4 collected to a special fund known as the Watermaster Fund
5-5 established and governed by Section 11.3291 of this subchapter.
5-6 (e) No water shall be diverted, taken, or stored by, or
5-7 delivered to, any person while he is delinquent in the payment of
5-8 his assessed costs.
5-9 (f) An order of the commission assessing costs remains in
5-10 effect until the commission issues a further order. The commission
5-11 may modify, revoke, or supersede an order assessing costs with a
5-12 subsequent order. The commission may issue supplementary orders
5-13 from time to time to apply to new diversions.
5-14 SECTION 5. Subchapter G, Chapter 11, is amended by adding
5-15 Section 11.3291 to read as follows:
5-16 Sec. 11.3291. WATERMASTER FUND. (a) The watermaster fund
5-17 is created as a special fund in the state treasury and shall be
5-18 administered by the commission under this subchapter and rules
5-19 adopted by the commission.
5-20 (b) The Legislature hereby appropriates without further
5-21 legislative action any funds deposited in the Watermaster's Fund as
5-22 provided in this subchapter, and the watermasters fund is created
5-23 and shall be maintained to pay: (1) the compensation and expenses
5-24 of the watermaster in each water division; (2) expenditures for
5-25 necessary equipment, facilities, and capital expenditures necessary
5-26 to the watermaster operation when recommended by the watermaster
5-27 advisory committee and the executive director and approved by the
5-28 commission when hearings are required as provided in section
5-29 11.329; (3) pay to the general fund for use without further
5-30 appropriation for purposes of providing overhead and administrative
6-1 expenses of the commission in an amount not greater than 2 1/2
6-2 percent times the annual amount of assessment collected under this
6-3 subchapter in a water division, and (4) any amounts not used in one
6-4 fiscal year shall be carried over and used for the following fiscal
6-5 year's operational expenses of the watermaster.
6-6 (c) The watermaster fund shall be accounted for separately
6-7 according to the appropriate water division from which the
6-8 watermaster's assessment is collected.
6-9 (d) The fund shall consist of: (1) fees collected in each
6-10 water division, (2) money from gifts, grants, or donations to the
6-11 fund for designated or general lawful use and (3) money from any
6-12 other source designated by the legislature or the commission.
6-13 (e) The commission may invest, reinvest, and direct the
6-14 investment of any available money in the fund as provided by law
6-15 for the investment of money under Section 404.024, Government Code.
6-16 SECTION 6. This Act shall take effect and be enforced from
6-17 and after September 1, 1997.
6-18 SECTION 7. The importance of this Legislation and the
6-19 crowded condition of the calendars in both houses create an
6-20 emergency and an imperative public necessity that the
6-21 constitutional rule requiring Bills to be read on three (3)
6-22 separate days in each house is suspended, and this rule is hereby
6-23 suspended.