By: Lucio S.B. No. 1406
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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.
1-9 (a) The executive director may appoint one watermaster for
1-10 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
1-21 defined in Section 11.327. A watermaster is responsible directly
2-1 to the executive director for the proper performance of his duties.
2-2 (f) A person dissatisfied with any action of a watermaster
2-3 may apply to the executive director for relief.
2-4 SECTION 2. Subchapter G, Chapter 11, is amended by adding
2-5 Section 11.3261 to read as follows:
2-6 Sec. 11.3261. WATERMASTER ADVISORY COMMITTEE.
2-7 (a) The executive director shall establish a Watermaster
2-8 Advisory Committee consisting of a minimum of nine (9) members, but
2-9 not more than fifteen (15) members, who are holders of water rights
2-10 or representatives of holders of water rights in the water division
2-11 of a watermaster. In appointing members of the advisory committee
2-12 the executive director shall consider geographic representation,
2-13 amount of water rights held, different types of holders of water
2-14 rights and uses such as water districts, municipal suppliers,
2-15 irrigators, and industrial users and experience and knowledge in
2-16 water management practices.
2-17 (b) An advisory committee member is not entitled to
2-18 reimbursement of expenses incurred or to compensation.
2-19 (c) An advisory committee member shall serve a term of two
2-20 (2) years from date of initial appointment by the executive
2-21 director and hold office until a successor is appointed.
2-22 (d) The advisory committee shall meet within thirty (30)
2-23 days following initial appointment by the executive director and
2-24 elect a presiding officer who shall serve on an annual basis and
2-25 the committee shall meet regularly thereafter as is necessary.
3-1 (e) The advisory committee's duties include: (1) general
3-2 oversight of watermaster operations and recommendations to the
3-3 executive director regarding activities of benefit to the holders
3-4 of water rights in the administration and distribution of water to
3-5 holder of water rights; (2) review and comment to the executive
3-6 director on the annual budget of the watermaster operations;
3-7 (3) other duties as may be requested by the executive director with
3-8 regard to the watermaster operation or as requested by holders of
3-9 water rights in the water division in which the committee deems of
3-10 benefit to administration of water rights in the water division.
3-11 SECTION 3. Section 11.327, Water Code, is amended to read as
3-12 follows:
3-13 Sec. 11.327. Duties of Watermaster.
3-14 (a) A watermaster shall divide the water of the streams or
3-15 other sources of supply of his division in accordance with the
3-16 adjudicated water rights.
3-17 (b) A watermaster shall regulate or cause to be regulated
3-18 the controlling works of reservoirs and diversion works in time of
3-19 water shortage, as is necessary because of the rights existing in
3-20 the streams of his division, or as is necessary to prevent the
3-21 waste of water or its diversion, taking, storage, or use in excess
3-22 of the quantities to which the holders of water rights are lawfully
3-23 entitled.
3-24 (c) A watermaster may regulate the distribution of water
3-25 from any system of works that serves users whose rights have been
4-1 separately determined.
4-2 (d) A watermaster's duties shall not include duties not
4-3 directly associated with the duties defined in Subsections (a), (b)
4-4 or (c) or duties which relate to other activities, programs or
4-5 purposes of the commission except duties as may directly benefit
4-6 the holders of water rights in respect to their water rights when
4-7 approved by the watermaster advisory committee and executive
4-8 director.
4-9 SECTION 4. Section 11.329, Water Code, is amended to read as
4-10 follows:
4-11 Sec. 11.329. Compensation and Expenses of Watermaster.
4-12 (a) The commission shall pay the compensation and necessary
4-13 expenses of a watermaster, assistant watermasters, and other
4-14 necessary employees, but the holders of water rights that have been
4-15 determined or adjudicated and are to be administered by the
4-16 watermaster shall reimburse the commission for the compensation and
4-17 expenses. Necessary expenses [may include] shall be limited to
4-18 costs associated with streamflow measurement and monitoring, water
4-19 accounting, assessment billing and collection done by a
4-20 watermaster, and [any] other duties a watermaster may be required
4-21 to perform under this subchapter.
4-22 (b) After the adjudication decree becomes final, and each
4-23 fiscal year thereafter, the executive director shall notify by July
4-24 1 of each fiscal year each holder of water rights under the decree
4-25 of the budget for the watermaster operations showing the amount of
5-1 compensation and expenses that will be required annually for the
5-2 administration of the water rights so determined. This budget
5-3 shall be furnished to the watermaster advisory committee for
5-4 comment at least thirty (30) days prior to notification to each
5-5 holder of water rights.
5-6 (c) The commission shall hold a public hearing on the
5-7 required annual amount as set out in the budget if requested in
5-8 writing by ten (10) water right holders filed with the commission
5-9 on or before August 1 of each fiscal year. The commission shall
5-10 hold a public hearing to determine the apportionment of the costs
5-11 of administration of adjudicated water rights among the holders of
5-12 the rights. After [a] the public hearing or hearings, the
5-13 commission shall issue an order assessing the annual cost against
5-14 the holders of water rights to whom the water will be distributed
5-15 under the final decree. The commission shall equitably apportion
5-16 the costs. The executive director may provide for payments in
5-17 installments and shall specify the dates by which payments shall be
5-18 made to the commission.
5-19 (d) The executive director shall [transmit all collections
5-20 under this section to the State Treasurers] collect the assessments
5-21 and shall account for assessments separately for each water
5-22 division watermaster operation and shall deposit assessments
5-23 collected to a special fund known as the Watermaster Fund
5-24 established and governed by Section 11.3291 of this subchapter.
5-25 (e) No water shall be diverted, taken, or stored by, or
6-1 delivered to, any person while he is delinquent in the payment of
6-2 his assessed costs.
6-3 (f) An order of the commission assessing costs remains in
6-4 effect until the commission issues a further order. The commission
6-5 may modify, revoke, or supersede an order assessing costs with a
6-6 subsequent order. The commission may issue supplementary orders
6-7 from time to time to apply to new diversions.
6-8 SECTION 5. Subchapter G, Chapter 11, is amended by adding
6-9 Section 11.3291 to read as follows:
6-10 Sec. 11.3291. WATERMASTER FUND.
6-11 (a) The watermaster fund is created as a special fund in the
6-12 state treasury and shall be administered by the commission under
6-13 this subchapter and rules adopted by the commission.
6-14 (b) The Legislature hereby appropriates without further
6-15 legislative action any funds deposited in the Watermaster's Fund as
6-16 provided in this subchapter, and the watermasters fund is created
6-17 and shall be maintained to pay: (1) the compensation and expenses
6-18 of the watermaster in each water division; (2) expenditures for
6-19 necessary equipment, facilities, and capital expenditures necessary
6-20 to the watermaster operation when recommended by the watermaster
6-21 advisory committee and the executive director and approved by the
6-22 commission when hearings are required as provided in section
6-23 11.329; (3) pay to the general fund for use without further
6-24 appropriation for purposes of providing overhead and administrative
6-25 expenses of the commission in an amount not greater than 2 1/2
7-1 percent times the annual amount of assessment collected under this
7-2 subchapter in a water division, and (4) any amounts not used in one
7-3 fiscal year shall be carried over and used for the following fiscal
7-4 year's operational expenses of the watermaster.
7-5 (c) The watermaster fund shall be accounted for separately
7-6 according to the appropriate water division from which the
7-7 watermaster's assessment is collected.
7-8 (d) The fund shall consist of: (1) fees collected in each
7-9 water division, (2) money from gifts, grants, or donations to the
7-10 fund for designated or general lawful use and (3) money from any
7-11 other source designated by the legislature or the commission.
7-12 (e) The commission may invest, reinvest, and direct the
7-13 investment of any available money in the fund as provided by law
7-14 for the investment of money under Section 404.024, Government Code.
7-15 SECTION 6. This Act shall take effect and be enforced from
7-16 and after September 1, 1997.
7-17 SECTION 7. The importance of this legislation and the
7-18 crowded condition of the calendars in both houses create an
7-19 emergency and an imperative public necessity that the
7-20 constitutional rule requiring bills to be read on three several
7-21 days in each house be suspended, and this rule is hereby suspended.