1-1 By: Lucio S.B. No. 1406
1-2 (In the Senate - Filed March 13, 1997; March 19, 1997, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 18, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 9, Nays 0; April 18, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1406 By: Lucio
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the duties and operations of a watermaster's office,
1-11 reimbursement of the Texas Natural Resource Conservation Commission
1-12 for the compensation and necessary expenses of a watermaster's
1-13 office, and creation of the watermaster fund.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. Section 11.326, Water Code, is amended to read as
1-16 follows:
1-17 Sec. 11.326. Appointment of Watermaster. (a) The executive
1-18 director may appoint one watermaster for each water division.
1-19 (b) A watermaster holds office until a successor is
1-20 appointed. The executive director may remove a watermaster at any
1-21 time.
1-22 (c) The executive director may employ assistant watermasters
1-23 and other employees necessary to aid a watermaster in the discharge
1-24 of his duties.
1-25 (d) In a water division in which the office of watermaster
1-26 is vacant, the executive director has the powers of a watermaster.
1-27 (e) The executive director shall supervise and generally
1-28 direct the watermaster in the performance of his duties as defined
1-29 in Section 11.327. A watermaster is responsible to the executive
1-30 director for the proper performance of his duties.
1-31 (f) A person dissatisfied with any action of a watermaster
1-32 may apply to the executive director for relief.
1-33 SECTION 2. Subchapter G, Chapter 11, Water Code, is amended
1-34 by adding Section 11.3261 to read as follows:
1-35 Sec. 11.3261. WATERMASTER ADVISORY COMMITTEE. (a) The
1-36 executive director shall establish a watermaster advisory committee
1-37 consisting of a minimum of nine members, but no more than 15
1-38 members, who are holders of water rights or representatives of
1-39 holders of water rights in the water division of a watermaster. In
1-40 appointing members of the advisory committee the executive director
1-41 shall consider geographic representation, amount of water rights
1-42 held, different types of holders of water rights and users such as
1-43 water districts, municipal suppliers, irrigators, and industrial
1-44 users, and experience and knowledge in water management practices.
1-45 (b) An advisory committee member is not entitled to
1-46 reimbursement of expenses incurred or to compensation.
1-47 (c) An advisory committee member shall serve a term of two
1-48 years from the date of initial appointment by the executive
1-49 director and hold office until a successor is appointed.
1-50 (d) The advisory committee shall meet within 30 days
1-51 following initial appointment by the executive director and elect a
1-52 presiding officer who shall serve on an annual basis. Following
1-53 the first meeting, the committee shall meet regularly as necessary.
1-54 (e) The advisory committee's duties include:
1-55 (1) providing recommendations to the executive
1-56 director regarding activities of benefit to the holders of water
1-57 rights in the administration and distribution of water to holders
1-58 of water rights;
1-59 (2) review and comment to the executive director on
1-60 the annual budget of the watermaster operations; and
1-61 (3) other duties as may be requested by the executive
1-62 director with regard to the watermaster operations or as requested
1-63 by holders of water rights in a water division which the committee
1-64 deems of benefit to the administration of water rights in water
2-1 divisions.
2-2 SECTION 3. Section 11.327, Water Code, is amended to read as
2-3 follows:
2-4 Sec. 11.327. DUTIES OF WATERMASTER. (a) A watermaster
2-5 shall divide the water of the streams or other sources of supply of
2-6 his division in accordance with the adjudicated water rights.
2-7 (b) A watermaster shall regulate or cause to be regulated
2-8 the controlling works of reservoirs and diversion works in time of
2-9 water shortage, as is necessary because of the rights existing in
2-10 the streams of his division, or as is necessary to prevent the
2-11 waste of water or its diversion, taking, storage, or use in excess
2-12 of the quantities to which the holders of water rights are lawfully
2-13 entitled.
2-14 (c) A watermaster may regulate the distribution of water
2-15 from any system of works that serves users whose rights have been
2-16 separately determined.
2-17 (d) A watermaster's duties shall not include activities
2-18 which relate to other programs of the commission, except in
2-19 situations of imminent threat to public health and safety or the
2-20 environment.
2-21 SECTION 4. Section 11.329, Water Code, is amended to read as
2-22 follows:
2-23 Sec. 11.329. Compensation and Expenses of Watermaster.
2-24 (a) The commission shall pay the compensation and necessary
2-25 expenses of a watermaster, assistant watermasters, and other
2-26 necessary employees, but the holders of water rights that have been
2-27 determined or adjudicated and are to be administered by the
2-28 watermaster shall reimburse the commission for the compensation and
2-29 expenses. Necessary expenses shall be limited to [may include]
2-30 costs associated with streamflow measurement and monitoring, water
2-31 accounting, assessment billing and collection associated with a
2-32 watermaster's operation, and [any] other duties a watermaster may
2-33 be required to perform under this subchapter.
2-34 (b) After the adjudication decree becomes final, and each
2-35 fiscal year thereafter, the executive director shall provide notice
2-36 to [notify] each holder of water rights under the decree, at least
2-37 30 days prior to the commission's holding a public hearing as
2-38 provided in Subsection (c), of the proposed budget for their
2-39 watermaster operations showing the amount of compensation and
2-40 expenses that will be required annually for the administration of
2-41 the water rights so determined. This budget shall be furnished to
2-42 the watermaster advisory committee for comment at least 30 days
2-43 prior to notification to each holder of water rights.
2-44 (c) The commission shall hold a public hearing on the
2-45 proposed fiscal year budget for each watermaster operation. The
2-46 commission shall [to] determine the apportionment of the costs of
2-47 administration of adjudicated water rights among the holders of the
2-48 rights. After a public hearing, the commission shall issue an
2-49 order assessing the annual cost against the holders of water rights
2-50 to whom the water will be distributed under the final decree. The
2-51 commission shall equitably apportion the costs. The executive
2-52 director may provide for payments in installments and shall specify
2-53 the dates by which payments shall be made to the commission. At
2-54 the request of the watermaster advisory committee the commission
2-55 may modify a fiscal year budget for any water division.
2-56 (d) The executive director shall collect the assessments and
2-57 shall account for assessments separately for each water division
2-58 and shall deposit assessments collected to a special fund known as
2-59 the watermaster fund established and governed by Section 11.3291
2-60 [transmit all collections under this section to the State
2-61 Treasurer].
2-62 (e) No water shall be diverted, taken, or stored by, or
2-63 delivered to, any person while he is delinquent in the payment of
2-64 his assessed costs.
2-65 (f) An order of the commission assessing costs remains in
2-66 effect until the commission issues a further order. The commission
2-67 may modify, revoke, or supersede an order assessing costs with a
2-68 subsequent order. The commission may issue supplementary orders
2-69 from time to time to apply to new diversions.
3-1 SECTION 5. Subchapter G, Chapter 11, Water Code, is amended
3-2 by adding Section 11.3291 to read as follows:
3-3 Sec. 11.3291. WATERMASTER FUND. (a) The watermaster fund
3-4 is created as a special fund in the state treasury and shall be
3-5 administered by the commission under this subchapter and rules
3-6 adopted by the commission.
3-7 (b) The legislature hereby appropriates without further
3-8 legislative action any funds deposited in the watermaster's fund as
3-9 provided in this subchapter. The watermaster fund shall be used:
3-10 (1) to pay the compensation and expenses of the watermaster in each
3-11 water division; (2) to pay expenditures for equipment, facilities,
3-12 and capital expenditures necessary to the watermaster operation
3-13 when recommended by the watermaster advisory committee and the
3-14 executive director and approved by the commission when hearings are
3-15 required as provided in Section 11.329; and (3) to pay into the
3-16 general revenue fund for use without further appropriation for
3-17 purposes of providing overhead and administrative expenses of the
3-18 commission in an amount not greater than 10 percent times the
3-19 approved annual budget under this subchapter in a water division.
3-20 Any amounts not used in one fiscal year shall be carried over and
3-21 used for the following fiscal year's operational expenses of the
3-22 watermaster.
3-23 (c) The watermaster fund shall be accounted for separately
3-24 according to the appropriate water division from which the
3-25 watermaster's assessment is collected.
3-26 (d) The watermaster fund shall consist of:
3-27 (1) fees collected in each water division;
3-28 (2) money from gifts, grants, or donations to the fund
3-29 for designated or general lawful use; and
3-30 (3) money from any other source designated by the
3-31 legislature or the commission.
3-32 (e) The commission may invest, reinvest, and direct the
3-33 investment of any available money in the fund as provided by law
3-34 for the investment of money under Section 404.024, Government Code.
3-35 SECTION 6. This Act takes effect September 1, 1997.
3-36 SECTION 7. The importance of this legislation and the
3-37 crowded condition of the calendars in both houses create an
3-38 emergency and an imperative public necessity that the
3-39 constitutional rule requiring bills to be read on three several
3-40 days in each house be suspended, and this rule is hereby suspended.
3-41 * * * * *