By: Lucio S.B. No. 1406
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the duties and operations of a watermaster's office,
1-2 reimbursement of the Texas Natural Resource Conservation Commission
1-3 for the compensation and necessary expenses of a watermaster's
1-4 office, and creation of the watermaster fund.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 11.326, Water Code, is amended to read as
1-7 follows:
1-8 Sec. 11.326. Appointment of Watermaster. (a) The executive
1-9 director may appoint one watermaster for each water division.
1-10 (b) A watermaster holds office until a successor is
1-11 appointed. The executive director may remove a watermaster at any
1-12 time.
1-13 (c) The executive director may employ assistant watermasters
1-14 and other employees necessary to aid a watermaster in the discharge
1-15 of his duties.
1-16 (d) In a water division in which the office of watermaster
1-17 is vacant, the executive director has the powers of a watermaster.
1-18 (e) The executive director shall supervise and generally
1-19 direct the watermaster in the performance of his duties as defined
1-20 in Section 11.327. A watermaster is responsible to the executive
1-21 director for the proper performance of his duties.
1-22 (f) A person dissatisfied with any action of a watermaster
1-23 may apply to the executive director for relief.
2-1 SECTION 2. Subchapter G, Chapter 11, Water Code, is amended
2-2 by adding 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 members, but no more than 15
2-6 members, who are holders of water rights or representatives of
2-7 holders of water rights in the water division of a watermaster. In
2-8 appointing members of the advisory committee the executive director
2-9 shall consider geographic representation, amount of water rights
2-10 held, different types of holders of water rights and users such as
2-11 water districts, municipal suppliers, irrigators, and industrial
2-12 users, and experience and knowledge in water management practices.
2-13 (b) An advisory committee member is not entitled to
2-14 reimbursement of expenses incurred or to compensation.
2-15 (c) An advisory committee member shall serve a term of two
2-16 years from the date of initial appointment by the executive
2-17 director and hold office until a successor is appointed.
2-18 (d) The advisory committee shall meet within 30 days
2-19 following initial appointment by the executive director and elect a
2-20 presiding officer who shall serve on an annual basis. Following
2-21 the first meeting, the committee shall meet regularly as necessary.
2-22 (e) The advisory committee's duties include:
2-23 (1) providing recommendations to the executive
2-24 director regarding activities of benefit to the holders of water
2-25 rights in the administration and distribution of water to holders
3-1 of water rights;
3-2 (2) review and comment to the executive director on
3-3 the annual budget of the watermaster operations; and
3-4 (3) other duties as may be requested by the executive
3-5 director with regard to the watermaster operations or as requested
3-6 by holders of water rights in a water division which the committee
3-7 deems of benefit to the administration of water rights in water
3-8 divisions.
3-9 SECTION 3. Section 11.327, Water Code, is amended to read as
3-10 follows:
3-11 Sec. 11.327. DUTIES OF WATERMASTER. (a) A watermaster
3-12 shall divide the water of the streams or other sources of supply of
3-13 his division in accordance with the adjudicated water rights.
3-14 (b) A watermaster shall regulate or cause to be regulated
3-15 the controlling works of reservoirs and diversion works in time of
3-16 water shortage, as is necessary because of the rights existing in
3-17 the streams of his division, or as is necessary to prevent the
3-18 waste of water or its diversion, taking, storage, or use in excess
3-19 of the quantities to which the holders of water rights are lawfully
3-20 entitled.
3-21 (c) A watermaster may regulate the distribution of water
3-22 from any system of works that serves users whose rights have been
3-23 separately determined.
3-24 (d) A watermaster's duties shall not include activities
3-25 which relate to other programs of the commission, except in
4-1 situations of imminent threat to public health and safety or the
4-2 environment.
4-3 SECTION 4. Section 11.329, Water Code, is amended to read as
4-4 follows:
4-5 Sec. 11.329. Compensation and Expenses of Watermaster.
4-6 (a) The commission shall pay the compensation and necessary
4-7 expenses of a watermaster, assistant watermasters, and other
4-8 necessary employees, but the holders of water rights that have been
4-9 determined or adjudicated and are to be administered by the
4-10 watermaster shall reimburse the commission for the compensation and
4-11 expenses. Necessary expenses shall be limited to [may include]
4-12 costs associated with streamflow measurement and monitoring, water
4-13 accounting, assessment billing and collection associated with a
4-14 watermaster's operation, and [any] other duties a watermaster may
4-15 be required to perform under this subchapter.
4-16 (b) After the adjudication decree becomes final, and each
4-17 fiscal year thereafter, the executive director shall provide notice
4-18 to [notify] each holder of water rights under the decree, at least
4-19 30 days prior to the commission's holding a public hearing as
4-20 provided in Subsection (c), of the proposed budget for their
4-21 watermaster operations showing the amount of compensation and
4-22 expenses that will be required annually for the administration of
4-23 the water rights so determined. This budget shall be furnished to
4-24 the watermaster advisory committee for comment at least 30 days
4-25 prior to notification to each holder of water rights.
5-1 (c) The commission shall hold a public hearing on the
5-2 proposed fiscal year budget for each watermaster operation. The
5-3 commission shall [to] determine the apportionment of the costs of
5-4 administration of adjudicated water rights among the holders of the
5-5 rights. After a public hearing, the commission shall issue an
5-6 order assessing the annual cost against the holders of water rights
5-7 to whom the water will be distributed under the final decree. The
5-8 commission shall equitably apportion the costs. The executive
5-9 director may provide for payments in installments and shall specify
5-10 the dates by which payments shall be made to the commission. At
5-11 the request of the watermaster advisory committee the commission
5-12 may modify a fiscal year budget for any water division.
5-13 (d) The executive director shall collect the assessments and
5-14 shall account for assessments separately for each water division
5-15 and shall deposit assessments collected to a special fund known as
5-16 the watermaster fund established and governed by Section 11.3291
5-17 [transmit all collections under this section to the State
5-18 Treasurer].
5-19 (e) No water shall be diverted, taken, or stored by, or
5-20 delivered to, any person while he is delinquent in the payment of
5-21 his assessed costs.
5-22 (f) An order of the commission assessing costs remains in
5-23 effect until the commission issues a further order. The commission
5-24 may modify, revoke, or supersede an order assessing costs with a
5-25 subsequent order. The commission may issue supplementary orders
6-1 from time to time to apply to new diversions.
6-2 SECTION 5. Subchapter G, Chapter 11, Water Code, is amended
6-3 by adding Section 11.3291 to read as follows:
6-4 Sec. 11.3291. WATERMASTER FUND. (a) The watermaster fund
6-5 is created as a special fund in the state treasury and shall be
6-6 administered by the commission under this subchapter and rules
6-7 adopted by the commission.
6-8 (b) The legislature hereby appropriates without further
6-9 legislative action any funds deposited in the watermaster's fund as
6-10 provided in this subchapter. The watermaster fund shall be used:
6-11 (1) to pay the compensation and expenses of the watermaster in each
6-12 water division; (2) to pay expenditures for equipment, facilities,
6-13 and capital expenditures necessary to the watermaster operation
6-14 when recommended by the watermaster advisory committee and the
6-15 executive director and approved by the commission when hearings are
6-16 required as provided in Section 11.329; and (3) to pay into the
6-17 general revenue fund for use without further appropriation for
6-18 purposes of providing overhead and administrative expenses of the
6-19 commission in an amount not greater than 10 percent times the
6-20 approved annual budget under this subchapter in a water division.
6-21 Any amounts not used in one fiscal year shall be carried over and
6-22 used for the following fiscal year's operational expenses of the
6-23 watermaster.
6-24 (c) The watermaster fund shall be accounted for separately
6-25 according to the appropriate water division from which the
7-1 watermaster's assessment is collected.
7-2 (d) The watermaster fund shall consist of:
7-3 (1) fees collected in each water division;
7-4 (2) money from gifts, grants, or donations to the fund
7-5 for designated or general lawful use; and
7-6 (3) money from any other source designated by the
7-7 legislature or the commission.
7-8 (e) The commission may invest, reinvest, and direct the
7-9 investment of any available money in the fund as provided by law
7-10 for the investment of money under Section 404.024, Government Code.
7-11 SECTION 6. This Act takes effect September 1, 1997.
7-12 SECTION 7. The importance of this legislation and the
7-13 crowded condition of the calendars in both houses create an
7-14 emergency and an imperative public necessity that the
7-15 constitutional rule requiring bills to be read on three several
7-16 days in each house be suspended, and this rule is hereby suspended.