By: Brown S.B. No. 2
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the development and management of the water resources
1-3 of the state, including the ratification of the creation of certain
1-4 groundwater conservation districts; providing penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 ARTICLE 1. TEXAS WATER ADVISORY COUNCIL
1-7 SECTION 1.01. Subtitle A, Title 2, Water Code, is amended by
1-8 adding Chapter 9 to read as follows:
1-9 CHAPTER 9. TEXAS WATER ADVISORY COUNCIL
1-10 Sec. 9.001. DEFINITION. In this chapter:
1-11 (1) "Authority" means an entity listed in Section
1-12 9.010(b).
1-13 (2) "Board" means the governing body of an authority.
1-14 (3) "Commission" means the Texas Natural Resource
1-15 Conservation Commission.
1-16 (4) "Conjunctive use" means the combined use of
1-17 groundwater and surface water sources that optimizes the beneficial
1-18 characteristics of each source.
1-19 (5) "Council" means the Texas Water Advisory Council.
1-20 Sec. 9.002. CREATION AND MEMBERSHIP. (a) The council is
1-21 composed of 13 members as follows:
1-22 (1) the chairman, or a board member designated by the
1-23 chairman, of the Texas Water Development Board;
1-24 (2) the chairman, or a commissioner designated by the
1-25 chairman, of the commission;
2-1 (3) the chairman, or a commissioner designated by the
2-2 chairman, of the Parks and Wildlife Commission;
2-3 (4) the commissioner of agriculture;
2-4 (5) the Commissioner of the General Land Office;
2-5 (6) three members of the house of representatives
2-6 appointed by the speaker of the house of representatives;
2-7 (7) two members of the senate appointed by the
2-8 lieutenant governor; and
2-9 (8) three members of the general public appointed by
2-10 the governor.
2-11 (b) Council members may not delegate participation or
2-12 council duties to staff.
2-13 Sec. 9.003. TERMS. (a) Except for the Commissioner of the
2-14 General Land Office and the commissioner of agriculture, council
2-15 members who are officials of state agencies serve terms as
2-16 determined by the chairman of each agency.
2-17 (b) Council members who are members of the general public
2-18 serve staggered six-year terms with the term of one member expiring
2-19 August 31 of each odd-numbered year.
2-20 (c) Council members may be reappointed to serve additional
2-21 terms.
2-22 (d) A vacancy on the council shall be filled by appointment
2-23 by the original appointing authority for the unexpired term.
2-24 Sec. 9.004. OFFICERS OF THE COUNCIL. (a) The governor
2-25 shall appoint a council member as the chair of the council for a
2-26 two-year term expiring May 31 of each even-numbered year.
3-1 (b) The council shall have a secretary of the council who
3-2 shall serve at the pleasure of the council and be accountable only
3-3 to the council.
3-4 Sec. 9.005. COUNCIL STAFF. On request by the council, the
3-5 commission, the Parks and Wildlife Department, the Department of
3-6 Agriculture, and the Texas Water Development Board shall provide
3-7 any staff other than the secretary of the council necessary to
3-8 assist the council in the performance of its duties.
3-9 Sec. 9.006. MEETINGS. (a) The council shall meet at least
3-10 once in each calendar quarter. Six members shall constitute a
3-11 quorum sufficient to conduct meetings and the business of the
3-12 council.
3-13 (b) The council is subject to Chapters 551 and 2001,
3-14 Government Code.
3-15 Sec. 9.007. COMPENSATION OF MEMBERS. (a) Members of the
3-16 council shall serve without compensation but may be reimbursed by
3-17 legislative appropriation for actual and necessary expenses related
3-18 to the performance of council duties.
3-19 (b) Reimbursements under Subsection (a) shall be subject to
3-20 the approval of the chair.
3-21 Sec. 9.008. POWERS AND DUTIES OF COUNCIL. (a) The council
3-22 shall:
3-23 (1) heighten the level of dialogue on significant
3-24 water policy issues and, in an advisory role only, strive to
3-25 provide focus and guidance on state water policy initiatives,
3-26 including:
4-1 (A) promoting flexibility and incentives for
4-2 water desalination, brush control, regionalization, weather
4-3 modification projects, and public-private partnerships relating to
4-4 water projects;
4-5 (B) promoting adequate financing for surface
4-6 water and groundwater projects;
4-7 (C) development of water conservation and
4-8 drought management projects;
4-9 (D) implementation of approved regional and
4-10 state water plans;
4-11 (E) encouraging commonality of technical data
4-12 and information such as joint agency studies, freshwater inflow
4-13 recommendations, surface water and groundwater availability models,
4-14 and instream flow recommendations developed by the Parks and
4-15 Wildlife Department, the commission, and the Texas Water
4-16 Development Board; and
4-17 (F) encouraging the use of supplemental
4-18 environmental projects for water infrastructure needs and enhancing
4-19 the aquatic environment and habitat in enforcement proceedings at a
4-20 state agency or political subdivision;
4-21 (2) encourage the enhancement and coordination of
4-22 state, interstate, and international efforts to improve
4-23 environmental quality and living conditions along the Texas-Mexico
4-24 border;
4-25 (3) coordinate a unified state position on federal and
4-26 international water issues; and
5-1 (4) advise the Texas Water Development Board on
5-2 developing criteria for prioritizing the funding of projects in the
5-3 state water plan.
5-4 (b) The council may not:
5-5 (1) promulgate rules;
5-6 (2) regulate water use, water quality, or any other
5-7 aspect of water resource management;
5-8 (3) plan or construct water resource projects, or have
5-9 such projects planned or constructed;
5-10 (4) grant or loan any funds for the construction of
5-11 water resource projects;
5-12 (5) establish water resource management standards or
5-13 otherwise usurp the authority of or infringe upon the duties,
5-14 responsibilities, or powers of local, regional, or state water
5-15 management entities, including groundwater districts, river
5-16 authorities and compacts, regional water planning groups, or member
5-17 agencies of the council; or
5-18 (6) consider or discuss any specific permit or project
5-19 or recommendation for a project.
5-20 Sec. 9.009. REPORT. Not later than December 1 of each
5-21 even-numbered year, the council shall submit a report to the
5-22 governor, lieutenant governor, and speaker of the house of
5-23 representatives and to the senate and house standing committees
5-24 with primary responsibility over water resource management and
5-25 financing. The report shall include findings of the council made
5-26 in the periodic reviews of authorities during the preceding
6-1 two-year period and any other findings and recommendations the
6-2 council considers necessary.
6-3 Sec. 9.010. REVIEW OF AUTHORITIES. (a) On a five-year
6-4 cycle, the council shall review authorities based on the
6-5 administrative policies provided by Section 9.012 and performance
6-6 standards described in Section 9.011. The reviews shall be
6-7 conducted of groups described in Subsection (b), with group 1 being
6-8 reviewed at the council's first quarterly meeting of the five-year
6-9 period and group 2 being reviewed at the council's third quarterly
6-10 meeting of the period. The council shall continue in numerical
6-11 order to review one group at every other quarterly meeting until
6-12 all ten groups have been reviewed and then shall recommence the
6-13 cycle.
6-14 (b) Authorities shall be reviewed under Subsection (a) in
6-15 the following groups:
6-16 (1) in group 1, Northeast Texas Municipal Water
6-17 District, Titus County Fresh Water Supply District No. 1, and
6-18 Franklin County Water District;
6-19 (2) in group 2, Angelina and Neches River Authority,
6-20 Lower Neches Valley Authority, Sabine River Authority, and Upper
6-21 Neches River Municipal Water Authority;
6-22 (3) in group 3, Red River Authority of Texas, Sulphur
6-23 River Municipal Water District, and Sulphur River Basin Authority;
6-24 (4) in group 4, San Jacinto River Authority, Gulf
6-25 Coast Water Authority, and North Harris County Regional Water
6-26 Authority;
7-1 (5) in group 5, North Texas Municipal Water District,
7-2 Tarrant Regional Water District, Trinity River Authority of Texas,
7-3 and Dallas County Utility and Reclamation District;
7-4 (6) in group 6, Brazos River Authority, West Central
7-5 Texas Municipal Water District, and North Central Texas Municipal
7-6 Water Authority;
7-7 (7) in group 7, Guadalupe-Blanco River Authority,
7-8 Lavaca-Navidad River Authority, Lower Colorado River Authority, and
7-9 Upper Guadalupe River Authority;
7-10 (8) in group 8, Nueces River Authority, San Antonio
7-11 River Authority, and Bexar-Medina-Atascosa Counties Water Control
7-12 and Improvement District No. 1;
7-13 (9) in group 9, Colorado River Municipal Water
7-14 District, Central Colorado River Authority, and Upper Colorado
7-15 River Authority; and
7-16 (10) in group 10, Canadian River Municipal Water
7-17 Authority, Mackenzie Municipal Water Authority, and White River
7-18 Municipal Water District.
7-19 (c) The council may not review an authority under this
7-20 section more than once every five years. The council may, however,
7-21 request an authority that has been reviewed to provide follow-up
7-22 information on any specific item or issue raised during the initial
7-23 review.
7-24 (d) The council, on a request by an authority, may modify
7-25 the schedule in order to have the flexibility in scheduling the
7-26 review, if needed, to be more responsive to particular
8-1 circumstances, changing conditions, or time-sensitive conflicts.
8-2 Sec. 9.011. PERFORMANCE STANDARDS. (a) Before its
8-3 five-year review under Section 9.010, an authority shall report to
8-4 the council a self-assessment of:
8-5 (1) how the authority is achieving its stated mission
8-6 and goals, including an identification of any barriers that exist
8-7 in achieving the mission and goals;
8-8 (2) how the authority is providing service to its
8-9 customers, including mechanisms the authority provides to encourage
8-10 input from the public and its customers;
8-11 (3) how the authority is addressing issues raised by
8-12 its most recent management audit, including its administrative
8-13 policies; and
8-14 (4) the authority's role in the regional water
8-15 planning process.
8-16 (b) The authority's report to the council under this section
8-17 shall include recommendations related to:
8-18 (1) any interregional issues the authority has
8-19 identified as problematic and any potential solutions to those
8-20 issues; and
8-21 (2) solutions to any barriers the authority determines
8-22 are interfering with the successful implementation of the approved
8-23 regional water plan or state water plan.
8-24 Sec. 9.012. ADMINISTRATIVE POLICIES FOR AUTHORITIES. The
8-25 commission shall expand the applicability of its rules under 30
8-26 T.A.C. Chapter 292 to include all the authorities subject to this
9-1 title. The commission shall provide the council with copies of the
9-2 most recent information provided by each authority in accordance
9-3 with its administrative rules.
9-4 Sec. 9.013. GIFTS AND GRANTS. The council may accept gifts
9-5 and grants from any source to carry out the purposes of this
9-6 chapter. The use of gifts and grants other than legislative
9-7 appropriations is subject only to limitations contained in the gift
9-8 or grant.
9-9 Sec. 9.014. FUNDING. (a) The interagency water policy
9-10 account is a special account in the general revenue fund.
9-11 (b) The interagency water policy account consists of
9-12 legislative appropriations, gifts and grants received under Section
9-13 9.013, and other money required by law to be deposited in the
9-14 account.
9-15 (c) Funds in the interagency water policy account may be
9-16 used only as provided by this chapter.
9-17 Sec. 9.015. CONTINUING RIGHT OF SUPERVISION. Nothing in
9-18 this chapter shall affect the continuing right of supervision over
9-19 authorities by the commission as provided by Section 12.081.
9-20 Sec. 9.016. PUBLIC PARTICIPATION. The council shall
9-21 encourage public input regarding the exercise of its powers and
9-22 duties under Section 9.008, its preparation of the report described
9-23 in Section 9.009, and its review of authorities under Sections
9-24 9.010 and 9.011.
10-1 ARTICLE 2. SURFACE WATER AND GROUNDWATER
10-2 CONJUNCTIVE MANAGEMENT; REGULATORY INCENTIVES
10-3 SECTION 2.01. Section 11.002, Water Code, is amended by
10-4 adding Subdivisions (7), (11), (12), (13), and (14) to read as
10-5 follows:
10-6 (7) "Instream use" means the use of state water for
10-7 fisheries, water quality protection, aquatic and riparian wildlife
10-8 habitat, freshwater inflows for bays and estuaries, and any other
10-9 similar use recognized by law.
10-10 (11) "River basin" means a river or coastal basin
10-11 designated by the board as a river basin under Section 16.051. The
10-12 term does not include waters of the bays or arms originating in the
10-13 Gulf of Mexico.
10-14 (12) "Agriculture" means any of the following
10-15 activities:
10-16 (A) cultivating the soil to produce crops for
10-17 human food, animal feed, or planting seed or for the production of
10-18 fibers;
10-19 (B) the practice of floriculture, viticulture,
10-20 silviculture, and horticulture, including the cultivation of plants
10-21 in containers or nonsoil media, by a nursery grower;
10-22 (C) raising, feeding, or keeping animals for the
10-23 production of food or fiber, leather, pelts, or other tangible
10-24 products having a commercial value;
10-25 (D) wildlife management; and
10-26 (E) planting cover crops, including cover crops
11-1 cultivated for transplantation, or leaving land idle for the
11-2 purpose of participating in any governmental program or normal crop
11-3 or livestock rotation procedure.
11-4 (13) "Agricultural use" means any use or activity
11-5 involving agriculture, including irrigation.
11-6 (14) "Nursery grower" means a person who grows more
11-7 than 50 percent of the products that the person either sells or
11-8 leases, regardless of the variety sold, leased, or grown. For the
11-9 purpose of this definition, "grow" means the actual cultivation or
11-10 propagation of the product beyond the mere holding or maintaining
11-11 of the item prior to sale or lease and typically includes
11-12 activities associated with the production or multiplying of stock
11-13 such as the development of new plants from cuttings, grafts, plugs,
11-14 or seedlings.
11-15 SECTION 2.02. Subsection (a), Section 11.023, Water Code, is
11-16 amended to read as follows:
11-17 (a) State water may be appropriated, stored, or diverted
11-18 for:
11-19 (1) domestic and municipal uses, including water for
11-20 sustaining human life and the life of domestic animals;
11-21 (2) industrial uses, meaning processes designed to
11-22 convert materials of a lower order of value into forms having
11-23 greater usability and commercial value, including the development
11-24 of power by means other than hydroelectric;
11-25 (3) agricultural uses [irrigation];
11-26 (4) mining and recovery of minerals;
12-1 (5) hydroelectric power;
12-2 (6) navigation;
12-3 (7) recreation and pleasure;
12-4 (8) [stock raising;]
12-5 [(9)] public parks; and
12-6 (9) [(10)] game preserves.
12-7 SECTION 2.03. Section 11.024, Water Code, is amended to read
12-8 as follows:
12-9 Sec. 11.024. APPROPRIATION: PREFERENCES. In order to
12-10 conserve and properly utilize state water, the public welfare
12-11 requires not only recognition of beneficial uses but also a
12-12 constructive public policy regarding the preferences between these
12-13 uses, and it is therefore declared to be the public policy of this
12-14 state that in appropriating state water preference shall be given
12-15 to the following uses in the order named:
12-16 (1) domestic and municipal uses, including water for
12-17 sustaining human life and the life of domestic animals, it being
12-18 the public policy of the state and for the benefit of the greatest
12-19 number of people that in the appropriation of water as herein
12-20 defined, the appropriation of water for domestic and municipal uses
12-21 shall be and remain superior to the rights of the state to
12-22 appropriate the same for all other purposes;
12-23 (2) agricultural uses and industrial uses, meaning
12-24 processes designed to convert materials of a lower order of value
12-25 into forms having greater usability and commercial value, including
12-26 the development of power by means other than hydroelectric;
13-1 (3) [irrigation;]
13-2 [(4)] mining and recovery of minerals;
13-3 (4) [(5)] hydroelectric power;
13-4 (5) [(6)] navigation;
13-5 (6) [(7)] recreation and pleasure; and
13-6 (7) [(8)] other beneficial uses.
13-7 SECTION 2.04. Section 11.038, Water Code, is amended to read
13-8 as follows:
13-9 Sec. 11.038. RIGHTS OF OWNERS OF LAND ADJOINING CANAL, ETC.
13-10 (a) A person who owns or holds a possessory interest in land
13-11 adjoining or contiguous to a canal, ditch, flume, lateral, dam,
13-12 reservoir, or lake constructed and maintained under the provisions
13-13 of this chapter and who has secured a right to the use of water in
13-14 the canal, ditch, flume, lateral, dam, reservoir, or lake is
13-15 entitled to be supplied from the canal, ditch, flume, lateral, dam,
13-16 reservoir, or lake with water [for irrigation of the land and] for
13-17 agricultural uses, mining, milling, manufacturing, development of
13-18 power, and stock raising, in accordance with the terms of a
13-19 person's [his] contract.
13-20 (b) If the person, association of persons, or corporation
13-21 owning or controlling the water and the person who owns or holds a
13-22 possessory interest in the adjoining land cannot agree on a price
13-23 for a permanent water right or for the use of enough water for
13-24 irrigation of the person's land or for agricultural uses, mining,
13-25 milling, manufacturing, development of power, or stock raising,
13-26 then the party owning or controlling the water, if the person [he]
14-1 has any water not contracted to others, shall furnish the water
14-2 necessary for these purposes at reasonable and nondiscriminatory
14-3 prices.
14-4 SECTION 2.05. Subsection (p), Section 11.085, Water Code, is
14-5 amended to read as follows:
14-6 (p) [For the purposes of this section, a basin is designated
14-7 as provided in accordance with Section 16.051 of this code.] A
14-8 river basin may not be redesignated in order to allow a transfer or
14-9 diversion of water otherwise in violation of this section.
14-10 SECTION 2.06. Section 11.088, Water Code, is amended to read
14-11 as follows:
14-12 Sec. 11.088. DESTRUCTION OF WATERWORKS. No person may
14-13 wilfully cut, dig, break down, destroy, or injure or open a gate,
14-14 bank, embankment, or side of any ditch, canal, reservoir, flume,
14-15 tunnel or feeder, pump or machinery, building, structure, or other
14-16 work which is the property of another, or in which another owns an
14-17 interest, or which is lawfully possessed or being used by another,
14-18 and which is used for [irrigation,] milling, mining, manufacturing,
14-19 the development of power, domestic purposes, agricultural uses, or
14-20 stock raising, with intent to:
14-21 (1) maliciously injure a person, association,
14-22 corporation, water improvement or irrigation district;
14-23 (2) gain advantage for himself; or
14-24 (3) take or steal water or cause water to run out or
14-25 waste out of the ditch, canal, or reservoir, feeder, or flume for
14-26 his own advantage or to the injury of a person lawfully entitled to
15-1 the use of the water or the use or management of the ditch, canal,
15-2 tunnel, reservoir, feeder, flume, machine, structure, or other
15-3 irrigation work.
15-4 SECTION 2.07. Subsection (a), Section 11.122, Water Code, is
15-5 amended to read as follows:
15-6 (a) All holders of permits, certified filings, and
15-7 certificates of adjudication issued under Section 11.323 of this
15-8 code shall obtain from the commission authority to change the place
15-9 of use, purpose of use, point of diversion, rate of diversion,
15-10 acreage to be irrigated, or otherwise alter a water right. Without
15-11 obtaining an amendment, the holder of a permit, certified filing,
15-12 or certificate of adjudication that includes industrial use may use
15-13 or supply water for an agricultural use that was classified as
15-14 industrial before September 1, 2001. An amendment changing the
15-15 purpose of use from irrigation to agricultural uses shall be
15-16 authorized without notice or hearing under Section 11.132 if the
15-17 application requests no other change.
15-18 SECTION 2.08. Subsection (b), Section 11.1271, Water Code,
15-19 is amended to read as follows:
15-20 (b) The commission shall require the holder of an existing
15-21 permit, certified filing, or certificate of adjudication for the
15-22 appropriation of surface water in the amount of 1,000 acre-feet a
15-23 year or more for municipal, industrial, and other uses, and 10,000
15-24 acre-feet a year or more for irrigation uses, to develop, submit,
15-25 and implement a water conservation plan, consistent with the state
15-26 [appropriate approved regional] water plan, that adopts reasonable
16-1 water conservation measures as defined by Subdivision (8)(B),
16-2 Section 11.002[, of this code]. The requirement for a water
16-3 conservation plan under this section shall not result in the need
16-4 for an amendment to an existing permit, certified filing, or
16-5 certificate of adjudication.
16-6 SECTION 2.09. Subsection (a), Section 11.1272, Water Code,
16-7 is amended to read as follows:
16-8 (a) The commission shall by rule require wholesale and
16-9 retail public water suppliers and irrigation districts to develop
16-10 drought contingency plans consistent with the state [appropriate
16-11 approved regional] water plan to be implemented during periods of
16-12 water shortages and drought.
16-13 SECTION 2.10. Subsection (b), Section 11.134, Water Code, is
16-14 amended to read as follows:
16-15 (b) The commission shall grant the application only if:
16-16 (1) the application conforms to the requirements
16-17 prescribed by this chapter and is accompanied by the prescribed
16-18 fee;
16-19 (2) unappropriated water is available in the source of
16-20 supply;
16-21 (3) the proposed appropriation:
16-22 (A) is intended for a beneficial use;
16-23 (B) does not impair existing water rights or
16-24 vested riparian rights;
16-25 (C) is not detrimental to the public welfare;
16-26 (D) considers the assessments performed under
17-1 Sections 11.147(d) and (e) and Sections 11.150, 11.151, and 11.152
17-2 [effects of any hydrological connection between surface water and
17-3 groundwater]; and
17-4 (E) addresses a water supply need in a manner
17-5 that is consistent with the state water plan and relevant [an
17-6 approved] regional water plans [plan for any area in which the
17-7 proposed appropriation is located], unless the commission
17-8 determines that conditions warrant waiver of this requirement; and
17-9 (4) the applicant has provided evidence that
17-10 reasonable diligence will be used to avoid waste and achieve water
17-11 conservation as defined by Subdivision (8)(B), Section 11.002[, of
17-12 this code].
17-13 SECTION 2.11. Subsection (a), Section 11.138, Water Code, is
17-14 amended to read as follows:
17-15 (a) The commission may issue temporary permits for
17-16 beneficial purposes to the extent that they do not interfere with
17-17 or adversely affect prior appropriations or vested rights on the
17-18 stream from which water is to be diverted under such temporary
17-19 permit. The commission may, by appropriate order, authorize any
17-20 member of the commission to approve and issue temporary permits
17-21 without notice and hearing if it appears to such issuing party that
17-22 sufficient water is available at the proposed point of diversion to
17-23 satisfy the requirements of the temporary permit as well as all
17-24 existing rights. No temporary permit issued without notice and
17-25 hearing shall authorize more than 10 acre-feet of water, nor may it
17-26 be for a term in excess of one year. The commission by rule may
18-1 authorize the beneficial use, without a permit, of not more than 25
18-2 acre-feet of water, for a term not to exceed one year, if the
18-3 diversion of water will not affect existing water right holders and
18-4 the user of the water registers the use with the commission in the
18-5 manner required by the commission.
18-6 SECTION 2.12. Section 11.142, Water Code, is amended to read
18-7 as follows:
18-8 Sec. 11.142. PERMIT EXEMPTIONS. (a) Without obtaining a
18-9 permit, a person may construct on the person's [his] own property a
18-10 dam or reservoir with normal storage of not more than 200 acre-feet
18-11 of water for domestic and livestock purposes. A person who
18-12 temporarily stores more than 200 acre-feet of water in a dam or
18-13 reservoir described by this subsection is not required to obtain a
18-14 permit for the dam or reservoir if the person can demonstrate that
18-15 the person has not stored in the dam or reservoir more than 200
18-16 acre-feet of water on average in any 12-month period.
18-17 (b) Without obtaining a permit, a person may construct on
18-18 the person's property a dam or reservoir with normal storage of not
18-19 more than 200 acre-feet of water for fish and wildlife purposes if
18-20 the property on which the dam or reservoir will be constructed is
18-21 qualified open-space land, as defined by Section 23.51, Tax Code.
18-22 (c) Without obtaining a permit, a person who is drilling and
18-23 producing petroleum and conducting operations associated with
18-24 drilling and producing petroleum may take for those purposes state
18-25 water from the Gulf of Mexico and adjacent bays and arms of the
18-26 Gulf of Mexico in an amount not to exceed one acre-foot during each
19-1 24-hour period.
19-2 (d) [(c)] Without obtaining a permit, a person may construct
19-3 or maintain a reservoir for the sole purpose of sediment control as
19-4 part of a surface coal mining operation under the Texas Surface
19-5 Coal Mining and Reclamation Act (Article 5920-11, Vernon's Texas
19-6 Civil Statutes).
19-7 SECTION 2.13. Section 11.146, Water Code, is amended by
19-8 adding Subsection (g) to read as follows:
19-9 (g) This section does not apply to a permit for construction
19-10 of a reservoir designed for the storage of more than 75,000
19-11 acre-feet of water.
19-12 SECTION 2.14. Subsections (b), (d), and (e), Section 11.147,
19-13 Water Code, are amended to read as follows:
19-14 (b) In its consideration of an application for a permit to
19-15 store, take, or divert water, the commission shall assess the
19-16 effects, if any, of the issuance of the permit on the bays and
19-17 estuaries of Texas. For permits issued within an area that is 200
19-18 river miles of the coast, to commence from the mouth of the river
19-19 thence inland, the commission shall include in the permit, to the
19-20 extent practicable when considering all public interests and the
19-21 studies mandated by Section 16.058 as evaluated under Section
19-22 11.1491, those conditions considered necessary to maintain
19-23 beneficial inflows to any affected bay and estuary system.
19-24 (d) In its consideration of an application to store, take or
19-25 divert water, the commission shall include in the permit, to the
19-26 extent practicable when considering all public interests, those
20-1 conditions considered necessary to maintain [consider the effect,
20-2 if any, of the issuance of the permit on] existing instream uses
20-3 and water quality of the stream or river to which the application
20-4 applies.
20-5 (e) The commission shall include in the permit, to the
20-6 extent practicable when considering all public interests, those
20-7 conditions considered necessary to maintain [also consider the
20-8 effect, if any, of the issuance of the permit on] fish and wildlife
20-9 habitats.
20-10 SECTION 2.15. Subsection (b), Section 11.173, Water Code, is
20-11 amended to read as follows:
20-12 (b) A permit, certified filing, or certificate of
20-13 adjudication or a portion of a permit, certified filing, or
20-14 certificate of adjudication is exempt from cancellation under
20-15 Subsection (a) of this section:
20-16 (1) to the extent of the owner's participation in the
20-17 Conservation Reserve Program authorized by the Food Security Act,
20-18 Pub.L. No. 99-198, Secs. 1231-1236, 99 Stat. 1354, 1509-1514 (1985)
20-19 or a similar governmental program; [or]
20-20 (2) if a significant [any] portion of the water
20-21 authorized to be used pursuant to a permit, certified filing, or
20-22 certificate of adjudication has been used in accordance with a
20-23 specific recommendation for meeting a water need included in the
20-24 state [regional] water plan approved pursuant to Section 16.053;
20-25 (3) if the permit, certified filing, or certificate of
20-26 adjudication was obtained to meet demonstrated long-term public
21-1 water supply or electric generation needs as evidenced by a water
21-2 management plan developed by the holder and is consistent with
21-3 projections of future water needs contained in the state water
21-4 plan; or
21-5 (4) if the permit, certified filing, or certificate of
21-6 adjudication was obtained as the result of the construction of a
21-7 reservoir funded, in whole or in part, by the holder of the permit,
21-8 certified filing, or certificate of adjudication as part of the
21-9 holder's long-term water planning [of this code].
21-10 SECTION 2.16. Subsection (b), Section 11.177, Water Code, is
21-11 amended to read as follows:
21-12 (b) In determining what constitutes reasonable diligence or
21-13 a justified nonuse as used in Subsection (a)(2) [of this section],
21-14 the commission shall give consideration to:
21-15 (1) whether sufficient water is available in the
21-16 source of supply to meet all or part of the appropriation during
21-17 the 10-year period of nonuse;
21-18 (2) whether the nonuse is justified by the holder's
21-19 participation in the federal Conservation Reserve Program or a
21-20 similar governmental program as provided by Section 11.173(b)(1)
21-21 [of this code];
21-22 (3) [whether the permit, certified filing, or
21-23 certificate of adjudication was obtained to meet demonstrated
21-24 long-term public water supply or electric generation needs as
21-25 evidenced by a water management plan developed by the holder and
21-26 consistent with projections of future water needs contained in the
22-1 state water plan;]
22-2 [(4) whether the permit, certified filing, or
22-3 certificate of adjudication was obtained as the result of the
22-4 construction of a reservoir funded, in whole or in part, by the
22-5 holder of the permit, certified filing, or certificate of
22-6 adjudication as part of the holder's long-term water planning;]
22-7 [(5)] whether the existing or proposed authorized
22-8 purpose and place of use are consistent with an approved regional
22-9 water plan as provided by Section 16.053 [of this code];
22-10 (4) [(6)] whether the permit, certified filing, or
22-11 certificate of adjudication has been deposited into the Texas Water
22-12 Bank as provided by Sections 15.7031 and 15.704 of this code or
22-13 whether it can be shown that the water right or water available
22-14 under the right is currently being made available for purchase
22-15 through private marketing efforts; or
22-16 (5) [(7)] whether the permit, certified filing, or
22-17 certificate of adjudication has been reserved to provide for
22-18 instream flows or bay and estuary inflows.
22-19 SECTION 2.17. Subdivisions (1) and (2), Section 15.701,
22-20 Water Code, are amended to read as follows:
22-21 (1) "Deposit" means the placement of a water right or
22-22 the right to use water in the water bank for transfer or the
22-23 placement of a water right in the trust for instream uses.
22-24 (2) "Depositor" means a person who deposits or has on
22-25 deposit a water right in the water bank or trust.
22-26 SECTION 2.18. Subsection (a), Section 15.703, Water Code, is
23-1 amended to read as follows:
23-2 (a) The board may take all actions necessary to operate the
23-3 water bank and to facilitate the transfer of water rights from the
23-4 water bank for future beneficial use including but not limited to:
23-5 (1) negotiating a sale price and terms acceptable to
23-6 the depositor and purchaser;
23-7 (2) maintaining a registry of water bank deposits and
23-8 those water users in need of additional supplies;
23-9 (3) informing water users in need of additional supply
23-10 of water rights available in the bank;
23-11 (4) encouraging water right holders to implement water
23-12 conservation practices and deposit the right to use the conserved
23-13 water into the bank;
23-14 (5) establishing requirements for deposit of a water
23-15 right into the water bank including minimum terms for deposit;
23-16 (6) purchasing, holding, and transferring water or
23-17 water rights in its own name;
23-18 (7) establishing regional water banks;
23-19 (8) acting as a clearinghouse for water marketing
23-20 information including water availability, pricing of water
23-21 transactions, environmental considerations, and potential buyers
23-22 and sellers of water rights;
23-23 (9) preparing and publishing a manual on structuring
23-24 water transactions;
23-25 (10) [accepting and holding donations of water rights
23-26 to meet instream, water quality, fish and wildlife habitat, or bay
24-1 and estuary inflow needs;]
24-2 [(11)] entering into contracts with persons to pay for
24-3 feasibility studies or the preparation of plans and specifications
24-4 relating to water conservation efforts or to estimate the amount of
24-5 water that would be saved through conservation efforts; and
24-6 (11) [(12)] other actions to facilitate water
24-7 transactions.
24-8 SECTION 2.19. Section 15.7031, Water Code, is amended to
24-9 read as follows:[Texas Water Trust is
24-14 established within the water bank to hold] water rights dedicated
24-15 to instream uses [environmental needs], including instream flows,
24-16 water quality, fish and wildlife habitat, or bay and estuary
24-17 inflows.
24-18 (b) A water right which has been used in accordance with a
24-19 certificate of adjudication or permit or any portion of a water
24-20 right which has been used in accordance with a certificate of
24-21 adjudication or permit may be deposited into the trust. A water
24-22 right which has not been used in accordance with a certificate of
24-23 adjudication or permit or any portion of a right which has not been
24-24 used in accordance with a certificate of adjudication or permit
24-25 shall not be deposited into the trust.
24-26 (c) The Parks and Wildlife Department [board], in
25-1 consultation with the board [Parks and Wildlife Department] and the
25-2 commission, shall adopt rules governing the process for holding and
25-3 transferring water rights.
25-4 (d) [(c)] The deposit [dedication] of any water rights
25-5 [placed] in the trust must be reviewed and approved by the
25-6 commission, in consultation with the board and the Parks and
25-7 Wildlife Department. In addition, the Department of Agriculture
25-8 may provide input to the commission, as appropriate, during the
25-9 review and approval process for depositing [dedication of] water
25-10 rights.
25-11 (e) [(d)] Water rights may be held in the trust for a term
25-12 specified by contractual agreement or in perpetuity. A water right
25-13 may be deposited in the trust for an initial term of up to 10 years
25-14 or may be deposited in perpetuity. During its deposit in the
25-15 trust, the water right is exempt from cancellation by the
25-16 commission under the terms of Subchapter E, Chapter 11.
25-17 SECTION 2.20. Subchapter K, Chapter 15, Water Code, is
25-18 amended by adding Section 15.7032 to read as follows:
25-19 Sec. 15.7032. OPERATION OF THE TEXAS WATER TRUST. (a) The
25-20 Parks and Wildlife Department may take all actions necessary to
25-21 operate the trust and to facilitate the donation of water rights to
25-22 the trust including:
25-23 (1) encouraging water right holders to deposit water
25-24 rights in the trust, especially in high-priority water bodies;
25-25 (2) negotiating trust acquisitions acceptable to
25-26 depositors;
26-1 (3) maintaining a registry of trust deposits;
26-2 (4) informing water rights holders and the public of
26-3 the need for instream flows and freshwater inflows;
26-4 (5) purchasing, holding, and transferring water or
26-5 water rights in its own name;
26-6 (6) acting as a clearinghouse for information on
26-7 instream use water needs including water availability, water
26-8 quality, instream flows, freshwater inflows, fish and wildlife
26-9 habitat, and recreation;
26-10 (7) preparing and publishing a guidance document on
26-11 the trust; and
26-12 (8) other action to facilitate trust transactions.
26-13 (b) The Parks and Wildlife Department may adopt rules
26-14 necessary for implementation of the trust.
26-15 (c) The Parks and Wildlife Department may contract with any
26-16 person to achieve the purposes of this subchapter.
26-17 SECTION 2.21. Subsection (a), Section 15.704, Water Code, is
26-18 amended to read as follows:
26-19 (a) A water right may be deposited in the water bank for an
26-20 initial term of up to 10 years, [unless otherwise held in the Texas
26-21 Water Trust as established under Section 15.7031 of this code,]
26-22 during which time the water right is exempt from cancellation by
26-23 the commission under the terms of Subchapter E of Chapter 11 of
26-24 this code. A water right is exempt from cancellation under this
26-25 subsection only once even if it has been transferred or
26-26 redeposited.
27-1 SECTION 2.22. Subchapter K, Chapter 15, Water Code, is
27-2 amended by adding Section 15.7071 to read as follows:
27-3 Sec. 15.7071. WATER TRUST ACCOUNT. (a) The water trust
27-4 account is created as a special account in the general revenue fund
27-5 and is composed of:
27-6 (1) money appropriated to the Parks and Wildlife
27-7 Department for the program; and
27-8 (2) grants, contracts, gifts, or other funds that the
27-9 Parks and Wildlife Department may receive relating to this
27-10 subchapter.
27-11 (b) The money in the water trust account may be used only
27-12 for the administration and operation of the trust by the Parks and
27-13 Wildlife Department under this subchapter.
27-14 SECTION 2.23. Section 16.012, Water Code, is amended by
27-15 adding Subsections (l) and (m) to read as follows:
27-16 (l) The executive administrator shall obtain or develop
27-17 groundwater availability models for major and minor aquifers in
27-18 coordination with regional water planning groups created under
27-19 Section 16.053 that overlie the aquifers. Modeling of major
27-20 aquifers shall be completed not later than October 1, 2004. On
27-21 completing a groundwater availability model for an aquifer, the
27-22 executive administrator shall provide the model to each groundwater
27-23 conservation district and each regional water planning group
27-24 created under Section 16.053 overlying that aquifer.
27-25 (m) The executive administrator may conduct surveys of
27-26 persons using groundwater and surface water at intervals determined
28-1 appropriate by the executive administrator to gather data to be
28-2 used for long-term water supply planning. Recipients of the survey
28-3 shall complete and return the survey to the executive
28-4 administrator. Persons who fail to timely complete and return the
28-5 survey shall not be eligible for funding from the board for board
28-6 programs and shall be ineligible to obtain permits, permit
28-7 amendments, or permit renewals from the commission under Chapter
28-8 11. Surveys obtained by the board from nongovernmental entities
28-9 shall be excepted from the requirements of Section 552.021,
28-10 Government Code, if so requested in writing by the person
28-11 completing the survey. This subsection does not apply to survey
28-12 information regarding windmills used for domestic and livestock
28-13 use.
28-14 SECTION 2.24. Section 16.051, Water Code, is amended by
28-15 amending Subsections (a), (d), (f), (g), and (h) and adding
28-16 Subsection (i) to read as follows:
28-17 (a) Not [No] later than January 5, 2002, and before the end
28-18 of each successive five-year period after that date [every five
28-19 years thereafter], the board shall prepare, develop, formulate, and
28-20 adopt a comprehensive state water plan that incorporates the
28-21 regional water plans approved under Section 16.053 to the extent
28-22 the board determines that such plans provide efficient strategies
28-23 and recommendations regarding groundwater and surface water use.
28-24 The state water plan shall provide for the orderly development,
28-25 management, and conservation of water resources and preparation for
28-26 and response to drought conditions, in order that sufficient water
29-1 will be available at a reasonable cost to ensure public health,
29-2 safety, and welfare; further economic development; and protect the
29-3 agricultural and natural resources of the entire state.
29-4 (d) The board, in coordination with the commission, the
29-5 Department of Agriculture, and the Parks and Wildlife Department,
29-6 shall adopt by rule guidance principles for the state water plan
29-7 which reflect the public interest of the entire state. When
29-8 adopting guidance principles, due consideration shall be given to
29-9 the construction and improvement of surface water resources and the
29-10 application of principles that result in voluntary redistribution
29-11 of water resources. The guidance principles shall include
29-12 standards for economic analysis to be used in regional and state
29-13 water planning. The board shall review and update the guidance
29-14 principles, with input from the commission, the Department of
29-15 Agriculture, and the Parks and Wildlife Department, as necessary
29-16 but at least every five years to coincide with the five-year cycle
29-17 for adoption of a new water plan as described in Subsection (a).
29-18 (f) The legislature may designate a[:]
29-19 [(1)] river or stream segment of unique ecological
29-20 value. This designation solely means that a state agency or
29-21 political subdivision of the state may not finance the actual
29-22 construction of a reservoir in a specific river or stream segment
29-23 designated by the legislature under this subsection.
29-24 (g) The legislature may designate a[; or]
29-25 [(2)] site of unique value for the construction of a
29-26 reservoir.
30-1 [(g)] A state agency or political subdivision of the state
30-2 may not obtain a fee title or an easement that would[:]
30-3 [(1) destroy the unique ecological value of a river or
30-4 stream segment designated by the legislature under Subsection (f)
30-5 of this section; or]
30-6 [(2)] significantly prevent the construction of a
30-7 reservoir on a site designated by the legislature under [Subsection
30-8 (f) of] this subsection [section].
30-9 (h) The board, the commission, or the Parks and Wildlife
30-10 Department or a political subdivision affected by an action taken
30-11 in violation of Subsections (f) and [Subsection] (g) [of this
30-12 section] may bring a cause of action to remedy or prevent the
30-13 violation. A cause of action brought under this subsection must be
30-14 filed in a district court in Travis County or in the county in
30-15 which the action is proposed or occurring.
30-16 (i) If the board determines that a conflict requiring
30-17 resolution exists between the state water plan and a regional water
30-18 plan developed under Section 16.053, the board shall coordinate
30-19 with the involved region to resolve the conflict. If conflict
30-20 remains, the board shall resolve the conflict. If the board
30-21 determines that the resolution requires a revision of an approved
30-22 regional water plan, the board shall suspend the approval of that
30-23 plan and provide information to the regional water planning group.
30-24 The regional water planning group shall prepare any revisions to
30-25 its plan specified by the board and shall hold, after notice, at
30-26 least one public hearing at some central location within the
31-1 regional water planning area. The regional water planning group
31-2 shall consider all public and board comments; prepare, revise, and
31-3 adopt its plan; and submit the revised plan to the board for
31-4 approval. On the request of the involved region, the board shall
31-5 include discussion of the conflict and its resolution in the state
31-6 water plan that the board provides to the governor, the lieutenant
31-7 governor, and the speaker of the house of representatives under
31-8 Subsection (e).
31-9 SECTION 2.25. Subsections (d) and (e), Section 16.053, Water
31-10 Code, are amended to read as follows:
31-11 (d) The board shall provide guidelines for the consideration
31-12 of existing regional planning efforts by regional water planning
31-13 groups. The board shall provide guidelines for the format in which
31-14 information shall be presented in the regional water plans. The
31-15 board by rule shall require a holder of a surface water permit, a
31-16 certified filing, or a certificate of adjudication for surface
31-17 water, a holder of a permit for the export of groundwater from a
31-18 groundwater conservation district, a retail public water supplier,
31-19 a wholesale water provider, an irrigation district, and any other
31-20 person who is transporting groundwater or surface water 20 miles or
31-21 more to report to the board information on certain water pipelines
31-22 and other facilities that can be used for water conveyance.
31-23 Nothing in the initial planning effort shall prevent development of
31-24 a management plan or project where local or regional needs require
31-25 action prior to completion of the initial regional water plan under
31-26 this section.
32-1 (e) Each regional water planning group shall submit to the
32-2 board a regional water plan that:
32-3 (1) is consistent with the guidance principles for the
32-4 state water plan adopted by the board under Section 16.051(d);
32-5 (2) provides information based on data provided or
32-6 approved by the board in a format consistent with the guidelines
32-7 provided by the board under Subsection (d);
32-8 (3) identifies:
32-9 (A) each source of water supply in the regional
32-10 water planning area in accordance with the guidelines provided by
32-11 the board under Subsections (d) and (f);
32-12 (B) factors specific to each source of water
32-13 supply to be considered in determining whether to initiate a
32-14 drought response; [and]
32-15 (C) actions to be taken as part of the response;
32-16 and
32-17 (D) information on water pipelines and other
32-18 facilities that can be used for water conveyance as provided by
32-19 board rules and guidelines;
32-20 (4) has specific provisions for water management
32-21 strategies to be used during a drought of record;
32-22 (5) includes but is not limited to consideration of
32-23 the following:
32-24 (A) any existing water or drought planning
32-25 efforts addressing all or a portion of the region;
32-26 (B) certified groundwater conservation district
33-1 management plans and other plans submitted under Section 16.054;
33-2 (C) all potentially feasible water management
33-3 strategies, including but not limited to improved conservation,
33-4 reuse, and management of existing water supplies, acquisition of
33-5 available existing water supplies, and development of new water
33-6 supplies;
33-7 (D) protection of existing water rights in the
33-8 region;
33-9 (E) opportunities for and the benefits of
33-10 developing regional water supply facilities or providing regional
33-11 management of water supply facilities;
33-12 (F) appropriate provision for environmental
33-13 water needs and for the effect of upstream development on the bays,
33-14 estuaries, and arms of the Gulf of Mexico and the effect of plans
33-15 on navigation;
33-16 (G) provisions in Section 11.085(k)(1) if
33-17 interbasin transfers are contemplated;
33-18 (H) voluntary transfer of water within the
33-19 region using, but not limited to, regional water banks, sales,
33-20 leases, options, subordination agreements, and financing
33-21 agreements; and
33-22 (I) emergency transfer of water under Section
33-23 11.139, including information on the part of each permit, certified
33-24 filing, or certificate of adjudication for nonmunicipal use in the
33-25 region that may be transferred without causing unreasonable damage
33-26 to the property of the nonmunicipal water rights holder; [and]
34-1 (6) identifies river and stream segments of unique
34-2 ecological value and sites of unique value for the construction of
34-3 reservoirs that the regional water planning group recommends for
34-4 protection under Section 16.051;
34-5 (7) assesses the impact of the plan on unique river
34-6 and stream segments identified in Subdivision (6); and
34-7 (8) describes the impact of proposed water management
34-8 strategies on water quality.
34-9 SECTION 2.26. Subdivision (7), Subsection (h), Section
34-10 16.053, Water Code, is amended to read as follows:
34-11 (7) The board may approve a regional water plan only
34-12 after it has determined that:
34-13 (A) [that] all interregional conflicts involving
34-14 that regional water planning area have been resolved;
34-15 (B) the plan includes reasonable water
34-16 conservation practices and drought management measures
34-17 incorporating, at a minimum, the provisions of Sections 11.1271 and
34-18 11.1272; and
34-19 (C) the plan is consistent with long-term
34-20 protection of the state's water resources, agricultural resources,
34-21 and natural resources as embodied in the guidance principles
34-22 adopted under Section 16.051(d).
34-23 SECTION 2.27. Section 16.053, Water Code, is amended by
34-24 amending Subsection (j) and adding Subsection (p) to read as
34-25 follows:
34-26 (j) The board may provide financial assistance to political
35-1 subdivisions under Subchapters E and F of this chapter, Subchapters
35-2 C, D, E, F, [and] J, O, and P, Chapter 15, and Subchapters D, I, K,
35-3 and L, Chapter 17, for water supply projects only if:
35-4 (1) the board determines that the needs to be
35-5 addressed by the project will be addressed in a manner that is
35-6 consistent with the state water plan; and
35-7 (2) beginning January 5, 2002, the board:
35-8 (A) has approved a regional water plan as
35-9 provided by Subsection (i), and any required updates of the plan,
35-10 for the region of the state that includes the area benefiting from
35-11 the proposed project; and
35-12 (B) determines that the needs to be addressed by
35-13 the project will be addressed in a manner that is consistent with
35-14 that regional water plan.
35-15 (p) If a groundwater conservation district files a petition
35-16 with the board stating that a conflict requiring resolution may
35-17 exist between the district's certified groundwater conservation
35-18 district management plan developed under Section 36.1071 and the
35-19 approved regional water plan, the board shall facilitate
35-20 coordination between the district and the involved region to
35-21 resolve the conflict. If conflict remains, the board shall resolve
35-22 the conflict. If the board determines that resolution of conflict
35-23 requires a revision of an approved regional water plan, the board
35-24 shall suspend the approval of that plan and provide information to
35-25 the regional water planning group. The regional water planning
35-26 group shall prepare any revisions to its plan specified by the
36-1 board and shall hold, after notice, at least one public hearing at
36-2 some central location within the regional water planning area. The
36-3 regional water planning group shall consider all public and board
36-4 comments; prepare, revise, and adopt its plan; and submit the
36-5 revised plan to the board for approval and inclusion in the state
36-6 water plan. If the board determines that resolution of conflict
36-7 requires a revision of the district's certified groundwater
36-8 conservation district management plan, the board shall suspend the
36-9 certification of that plan and provide information to the district.
36-10 The groundwater district shall prepare any revisions to its plan
36-11 specified by the board and shall hold, after notice, at least one
36-12 public hearing at some central location within the district. The
36-13 groundwater district shall consider all public and board comments;
36-14 prepare, revise, and adopt its plan; and submit the revised plan to
36-15 the board for certification. On the request of the involved region
36-16 or groundwater conservation district, the board shall include
36-17 discussion of the conflict and its resolution in the state water
36-18 plan that the board provides to the governor, the lieutenant
36-19 governor, and the speaker of the house of representatives under
36-20 Section 16.051(e).
36-21 SECTION 2.28. Subsections (a), (c), and (d), Section 16.054,
36-22 Water Code, are amended to read as follows:
36-23 (a) Notwithstanding the provisions of this subsection,
36-24 groundwater districts are the state's preferred method of managing
36-25 groundwater resources. It is the policy of the state that water
36-26 resource management, water conservation, and drought planning
37-1 should occur on an ongoing basis. The board, commission, and Parks
37-2 and Wildlife Department shall make available where appropriate
37-3 technical and financial assistance for such planning. In addition,
37-4 the Department of Agriculture may provide input and assistance, as
37-5 appropriate, for local water [such] planning.
37-6 (c) When preparing a plan to be submitted under this
37-7 section, a person shall consider the implementation of a
37-8 desalination program if practicable.
37-9 (d) The regional water planning group shall consider any
37-10 plan submitted under this section when preparing the regional water
37-11 plan under Section 16.053 of this code. A political subdivision,
37-12 including a groundwater conservation district, in the regional
37-13 water planning area may request a regional water planning group to
37-14 consider specific changes to a regional water plan based on changed
37-15 conditions or new information. The regional water planning group
37-16 shall consider the request and shall amend its regional water plan
37-17 if it determines that an amendment is warranted.
37-18 (e) After January 5, 2002, when [(d) When] preparing
37-19 individual water plans that address drought or the development,
37-20 management, or conservation of water resources from the holders of
37-21 existing permits, certified filings, or certificates of
37-22 adjudication, the water suppliers, [groundwater districts,] special
37-23 districts, irrigation districts, and other water users should
37-24 ensure that the plan is not in conflict with the applicable
37-25 approved regional water plan for their region.
37-26 SECTION 2.29. Subdivision (11), Section 35.002, Water Code,
38-1 is amended to read as follows:
38-2 (11) "Management area" means an area designated and
38-3 delineated by the Texas Water Development Board [commission] as an
38-4 area suitable for management of groundwater resources.
38-5 SECTION 2.30. Section 35.004, Water Code, is amended to read
38-6 as follows:
38-7 Sec. 35.004. DESIGNATION OF GROUNDWATER MANAGEMENT AREAS.
38-8 (a) The Texas Water Development Board, with assistance and
38-9 cooperation from the commission, shall designate groundwater
38-10 management areas covering all major and minor aquifers in the
38-11 state. The initial designation of groundwater management areas
38-12 shall be completed by September 1, 2003 [On its own motion from
38-13 time to time, or on receiving a petition, the commission may
38-14 designate groundwater management areas]. Each groundwater
38-15 management area shall be designated with the objective of providing
38-16 the most suitable area for the management of the groundwater
38-17 resources. To the extent feasible, the groundwater management area
38-18 shall coincide with the boundaries of a groundwater reservoir or a
38-19 subdivision of a groundwater reservoir. The Texas Water
38-20 Development Board [commission] also may consider other factors,
38-21 including the boundaries of political subdivisions.
38-22 (b) The commission may designate a groundwater management
38-23 area after September 1, 2001, for a petition filed and accepted by
38-24 the commission according to its rules in effect before September 1,
38-25 2001. The commission shall act on the designation in accordance
38-26 with this section and Section 35.005 [On the request of any person
39-1 interested in the petition, or on the request of the commission,
39-2 the executive director shall prepare available evidence relating to
39-3 the configuration of a groundwater management area. Before making
39-4 the designation, the commission shall consider the evidence
39-5 prepared by the executive director and other evidence submitted at
39-6 the hearing].
39-7 (c) The Texas Water Development Board [commission] may alter
39-8 the boundaries of designated management areas as required by future
39-9 conditions and as justified by factual data. An alteration of
39-10 boundaries does not invalidate the previous creation of any
39-11 district.
39-12 (d) The Texas Water Development Board [commission] shall
39-13 designate groundwater management areas using the procedures
39-14 applicable to rulemaking under [the Administrative Procedure Act,
39-15 Subchapter B,] Chapter 2001, Government Code.
39-16 SECTION 2.31. Subsections (a) and (f), Section 35.007, Water
39-17 Code, are amended to read as follows:
39-18 (a) The executive director and the executive administrator
39-19 shall meet periodically [at least once a year] to identify, based
39-20 on information gathered by the commission and the Texas Water
39-21 Development Board, those areas of the state that are experiencing
39-22 or that are expected to experience, within the immediately
39-23 following 25-year period, critical groundwater problems, including
39-24 shortages of surface water or groundwater, land subsidence
39-25 resulting from groundwater withdrawal, and contamination of
39-26 groundwater supplies. By September 1, 2005, the commission, with
40-1 assistance and cooperation from the Texas Water Development Board,
40-2 shall complete the initial designation of priority groundwater
40-3 management areas across all major and minor aquifers of the state
40-4 for all areas that meet the criteria for such designation. The
40-5 studies may be prioritized considering information from the
40-6 regional planning process, information from the Texas Water
40-7 Development Board groundwater management areas and groundwater
40-8 conservation districts, and any other information available. After
40-9 the initial designation of priority groundwater management areas,
40-10 the commission and the Texas Water Development Board shall annually
40-11 review the need for additional designations as provided by this
40-12 subsection.
40-13 (f) The report shall include:
40-14 (1) the recommended delineation of the boundaries of
40-15 any proposed priority groundwater management area in the form of an
40-16 order to be considered for adoption by the commission;
40-17 (2) the reasons and supporting information for or
40-18 against designating the area as a priority groundwater management
40-19 area;
40-20 (3) a recommendation regarding whether one or more
40-21 districts [a district] should be created in the priority
40-22 groundwater management area, [or whether] the priority groundwater
40-23 management area should be added to an existing district, or a
40-24 combination of those actions should be taken;
40-25 (4) a recommendation as to actions that should be
40-26 considered to conserve natural resources;
41-1 (5) an evaluation of information or studies submitted
41-2 to the executive director under Subsection (c); and
41-3 (6) any other information that the executive director
41-4 considers helpful to the commission.
41-5 SECTION 2.32. Section 35.008, Water Code, is amended to read
41-6 as follows:
41-7 Sec. 35.008. PROCEDURES FOR DESIGNATION OF PRIORITY
41-8 GROUNDWATER MANAGEMENT AREA; CONSIDERATION OF CREATION OF NEW
41-9 DISTRICT OR ADDITION OF LAND IN PRIORITY GROUNDWATER MANAGEMENT
41-10 AREA TO EXISTING DISTRICT; COMMISSION ORDER. (a) The commission
41-11 shall designate priority groundwater management areas using the
41-12 procedures provided by this chapter in lieu of those provided by
41-13 Subchapter B, Chapter 2001, Government Code.
41-14 (b) The commission shall call an evidentiary hearing to
41-15 consider:
41-16 (1) the designation of a priority groundwater
41-17 management area; and
41-18 (2) whether one or more districts [a district] should
41-19 be created over all or part of a priority groundwater management
41-20 area,[; or]
41-21 [(3) whether] all or part of the land in the priority
41-22 groundwater management area should be added to an existing
41-23 district, or a combination of those actions should be taken.
41-24 Consideration of this issue shall include a determination of
41-25 whether a district is feasible and practicable.
41-26 (c) Evidentiary hearings shall be held at a location in one
42-1 of the counties in which the priority groundwater management area
42-2 is located, or proposed to be located, or in the nearest convenient
42-3 location if adequate facilities are not available in those
42-4 counties.
42-5 (d) At the hearing, the commission shall hear testimony and
42-6 receive evidence from affected persons. Affected persons shall
42-7 include landowners, well owners, and other users of groundwater in
42-8 the proposed priority groundwater management area. The commission
42-9 shall consider the executive director's report and supporting
42-10 information and the testimony and evidence received at the hearing.
42-11 If the commission considers further information necessary, the
42-12 commission may request such information from any source.
42-13 (e) Any evidentiary hearing shall be concluded not later
42-14 than the 75th day after the date notice of the hearing is
42-15 published.
42-16 (f) At the conclusion of the hearing and the commission's
42-17 considerations, the commission shall issue an order stating its
42-18 findings and conclusions, including whether a priority groundwater
42-19 management area should be designated in the area and
42-20 recommendations regarding district creation as set forth in
42-21 Subsection (g).
42-22 (g) The commission's order designating a priority
42-23 groundwater management area must recommend that the area be covered
42-24 by a district in any of the following ways:
42-25 (1) creation of one or more new districts;
42-26 (2) addition of the land in the priority groundwater
43-1 management area to one or more existing districts; or
43-2 (3) a combination of actions under Subdivisions (1)
43-3 and (2).
43-4 (h) In recommending the boundaries of a district or
43-5 districts under Subsection (g), the commission shall give
43-6 preference to boundaries that are coterminous with those of the
43-7 priority groundwater management area, but may recommend district
43-8 boundaries along existing political subdivision boundaries at the
43-9 discretion of the commission to facilitate district creation and
43-10 confirmation.
43-11 (i) The designation of a priority groundwater management
43-12 area may not be appealed nor may it be challenged under Section
43-13 5.351 of this code or [the Administrative Procedure Act,] Section
43-14 2001.038, Government Code.
43-15 SECTION 2.33. Subsections (a) and (b), Section 35.009, Water
43-16 Code, are amended to read as follows:
43-17 (a) The commission shall have notice of the hearing
43-18 published in at least one newspaper with general circulation in the
43-19 county or counties in which the area proposed for designation as a
43-20 priority groundwater management area [or the area within a priority
43-21 groundwater management area being considered for district creation
43-22 or for addition to an existing district] is located. Notice must
43-23 be published not later than the 30th day before the date set for
43-24 the hearing [commission to consider the designation of the priority
43-25 groundwater management area, the creation of a district in a
43-26 priority groundwater management area, or the addition of land in a
44-1 priority groundwater management area to an existing district].
44-2 (b) The notice must include:
44-3 (1) if applicable, a statement of the general purpose
44-4 and effect of designating the proposed priority groundwater
44-5 management area;
44-6 (2) if applicable, a statement of the general purpose
44-7 and effect of creating a new district in the priority groundwater
44-8 management area;
44-9 (3) if applicable, a statement of the general purpose
44-10 and effect of adding all or part of the land in the priority
44-11 groundwater management area to an existing district;
44-12 (4) a map generally outlining the boundaries of the
44-13 area being considered for priority groundwater management area
44-14 designation [or the priority groundwater management area being
44-15 considered for district creation or for addition to an existing
44-16 district,] or notice of the location at which a copy of the map may
44-17 be examined or obtained;
44-18 (5) a statement that the executive director's report
44-19 concerning the priority groundwater management area or proposed
44-20 area is available at the commission's main office in Austin, Texas,
44-21 and at regional offices of the commission for regions which include
44-22 territory within the priority groundwater management area or
44-23 proposed priority groundwater management area and that the report
44-24 is available for inspection during regular business hours;
44-25 (6) a description or the name of the locations in the
44-26 affected area at which the commission has provided copies of the
45-1 executive director's report to be made available for public
45-2 inspection;
45-3 (7) the name and address of each public library, each
45-4 county clerk's office, and each district to which the commission
45-5 has provided copies of the executive director's report; and
45-6 (8) the date, time, and place of the hearing.
45-7 SECTION 2.34. Section 35.012, Water Code, is amended to read
45-8 as follows:
45-9 Sec. 35.012. CREATION OF DISTRICT IN PRIORITY GROUNDWATER
45-10 MANAGEMENT AREA [COMMISSIONER ORDER]. (a) [At the conclusion of
45-11 its hearing and considerations, the commission shall issue an] [order
45-12 stating its findings and conclusions.]
45-13 [(b) If the commission finds that the land and other
45-14 property in the priority groundwater management area would benefit
45-15 from the creation of one or more districts, that there is a public
45-16 need for one or more districts, and that the creation of one or
45-17 more districts would further the public welfare, the commission
45-18 shall issue an order stating that the creation of one or more
45-19 districts is needed.]
45-20 [(c)] Following the issuance of a commission order under
45-21 Section 35.008 designating a priority groundwater management area
45-22 and recommending the creation of one or more districts, or the
45-23 addition of land to an existing district [Subsection (b)], the
45-24 landowners in the priority groundwater management area may:
45-25 (1) create one or more districts under Subchapter B,
45-26 Chapter 36;
46-1 (2) have the area annexed to a district that adjoins
46-2 the area; or
46-3 (3) create one or more districts through the
46-4 legislative process.
46-5 (b) Within two years, but no sooner than 120 days, from the
46-6 date on which the commission issues an order under Section 35.008
46-7 designating a priority groundwater management area, for those areas
46-8 that are not within a district, the commission shall:
46-9 (1) create one or more new districts under Section
46-10 36.0151;
46-11 (2) recommend that the areas, or a portion of the
46-12 areas, be added to an existing district under Section 35.013; or
46-13 (3) take any combination of the actions under
46-14 Subdivisions (1) and (2).
46-15 (c) Following the issuance of a commission order under
46-16 Section 35.008 [(d) The commission shall identify the areas
46-17 subject to the order of the commission issued under Subsection (b)
46-18 that have not been incorporated into a district and shall delineate
46-19 proposed boundaries of a district to include those areas. If the
46-20 commission proposes the creation of one or more districts], the
46-21 Texas Agricultural Extension Service shall begin an educational
46-22 program within such areas with the assistance and cooperation of
46-23 the Texas Water Development Board, the commission, the Department
46-24 of Agriculture, other state agencies, and existing districts to
46-25 inform the residents of the status of the area's water resources
46-26 and management options including possible formation of a district[,
47-1 before beginning the procedures for creation of a district provided
47-2 in Subchapter B, Chapter 36]. The county commissioners court of
47-3 each county in the priority groundwater management area shall form
47-4 a steering committee to provide assistance to the Texas
47-5 Agricultural Extension Service in accomplishing the goals of the
47-6 education program within the area.
47-7 [(e) If the commission fails to find that the district would
47-8 be a benefit to the land and other property within the priority
47-9 groundwater management area, that there is a public need for the
47-10 district, or that creation of the district will further the public
47-11 welfare, the commission shall issue an order stating that a
47-12 district should not be created within the boundaries of the
47-13 priority groundwater management area.]
47-14 [(f) An order of the commission issued under this section
47-15 may not be appealed.]
47-16 SECTION 2.35. Section 35.013, Water Code, is amended to read
47-17 as follows:
47-18 Sec. 35.013. ADDING PRIORITY GROUNDWATER MANAGEMENT AREA TO
47-19 EXISTING DISTRICT. (a) [If land in a priority groundwater
47-20 management area is located adjacent to one or more existing
47-21 districts, the commission, instead of issuing an order under
47-22 Section 35.012, may issue an order recommending that the priority
47-23 groundwater management area be added to the existing district
47-24 designated by the commission. In its order, the commission must
47-25 find that the land and other property in the priority groundwater
47-26 management area and the land in the existing district will benefit
48-1 from the addition of the area, that there is a public need to add
48-2 the priority groundwater management area to the existing district,
48-3 and that the addition of the land to the existing district would
48-4 further the public welfare.]
48-5 [(b)] If the commission in its order under Section 35.008
48-6 [executive director] recommends that the priority groundwater
48-7 management area, or a portion of the priority groundwater
48-8 management area, be added to an existing district [or if the
48-9 commission considers it possible to add the priority groundwater
48-10 management area to an adjacent existing district], the commission
48-11 shall give notice to the board of the existing district recommended
48-12 in its order [by the executive director or considered by the
48-13 commission to possibly serve the area] and to any other existing
48-14 districts adjacent to the priority groundwater management area.
48-15 (b) [(c)] The commission shall submit a copy of the order to
48-16 the board of the district to which it is recommending the priority
48-17 groundwater management area be added. The board shall vote on the
48-18 addition of the priority groundwater management area to the
48-19 district and shall advise the commission of the outcome.
48-20 (c) [(d)] If the board votes to accept the addition of the
48-21 priority groundwater management area to the district, the board:
48-22 (1) may request the Texas Agricultural Extension
48-23 Service, the commission, and the Texas Water Development Board,
48-24 with the cooperation and assistance of the Department of
48-25 Agriculture and other state agencies, to administer an educational
48-26 program to inform the residents of the status of the area's water
49-1 resources and management options including possible annexation into
49-2 a district;
49-3 (2) shall call an election within the priority
49-4 groundwater management area, or portion of the priority groundwater
49-5 management area, as delineated by the commission to determine if
49-6 the priority groundwater management area will be added to the
49-7 district; and
49-8 (3) shall designate election precincts and polling
49-9 places for the elections in the order calling an election under
49-10 this subsection.
49-11 (d) [(e)] The board shall give notice of the election and
49-12 the proposition to be voted on. The board shall publish notice of
49-13 the election at least one time in one or more newspapers with
49-14 general circulation within the boundaries of the priority
49-15 groundwater management area. The notice must be published before
49-16 the 30th day preceding the date set for the election.
49-17 (e) [(f)] The ballots for the election shall be printed to
49-18 provide for voting for or against the proposition: "The inclusion
49-19 of _________________________ (briefly describe priority groundwater
49-20 management area) in the ______________ District." If the district
49-21 has outstanding debts or taxes, the proposition shall include the
49-22 following language: "and assumption by the described area of a
49-23 proportional share of the debts or taxes of the district."
49-24 (f) [(g)] Immediately after the election, the presiding
49-25 judge of each polling place shall deliver the returns of the
49-26 election to the board, and the board shall canvass the returns for
50-1 the election within the priority groundwater management area and
50-2 declare the results. If a majority of the voters in the priority
50-3 groundwater management area voting on the proposition vote in favor
50-4 of the proposition, the board shall declare that the priority
50-5 groundwater management area is added to the district. If a
50-6 majority of the voters in the priority groundwater management area
50-7 voting on the proposition vote against adding the priority
50-8 groundwater management area to the district, the board shall
50-9 declare that the priority groundwater management area is not added
50-10 to the district. The board shall file a copy of the election
50-11 results with the commission.
50-12 (g) [(h)] If the voters approve adding the priority
50-13 groundwater management area to the district, the board of the
50-14 district to which the priority groundwater management area is added
50-15 shall provide reasonable representation on that board compatible
50-16 with the district's existing scheme of representation.
50-17 (h) [(i)] If the proposition is defeated, or if the board of
50-18 the existing district votes not to accept the addition of the area
50-19 to the district, then the commission shall, except as provided
50-20 under Subsection (i), create under Section 36.0151 one or more
50-21 districts covering the priority groundwater management area within
50-22 one year of the date on which the proposition is defeated or the
50-23 board votes not to accept the area.
50-24 (i) For an area which is not feasible for the creation of
50-25 one or more districts as determined in the commission's findings
50-26 under Section 35.008, the commission shall include in its report
51-1 under Section 35.018 recommendations for the future management of
51-2 the priority groundwater management area.
51-3 (j) Another [another] election to add the priority
51-4 groundwater management area to an existing district may not be
51-5 called before the first anniversary of the date on which the
51-6 election on the proposition was held.
51-7 SECTION 2.36. Subsection (c), Section 35.018, Water Code, is
51-8 amended to read as follows:
51-9 (c) If the commission determines that a district created
51-10 under Chapter 36 is not appropriate for, or capable of, the
51-11 protection of the groundwater resources for a particular management
51-12 area or priority groundwater management area, the commission may
51-13 recommend in its report to the legislature the creation of a
51-14 special district or amendment of an existing district. [(1) If
51-15 voters fail to create a groundwater district in a priority
51-16 groundwater management area or if voters fail to add the priority
51-17 groundwater management area to an existing groundwater district,
51-18 the report shall include recommendations for the future management
51-19 of the priority groundwater management area. The recommendations
51-20 may include but are not limited to the following:]
51-21 [(A) creation of a groundwater district by the
51-22 legislature;]
51-23 [(B) annexation of a priority groundwater
51-24 management area into an existing district by the legislature; or]
51-25 [(C) management of the priority groundwater
51-26 management area by the nearest regional office of the commission.
52-1 The commission may be authorized to:]
52-2 [(i) adopt spacing and annual per acre
52-3 pumping restrictions;]
52-4 [(ii) issue well permits in accordance
52-5 with Sections 36.113 and 36.1131;]
52-6 [(iii) prevent waste and protect the
52-7 quality of groundwater in accordance with Sections
52-8 36.001(8)(A)-(G);]
52-9 [(iv) levy administrative penalties for
52-10 violations; and]
52-11 [(v) collect fees in accordance with
52-12 Sections 36.206(a) and (b).]
52-13 [(2) If the commission is required by the legislature
52-14 to manage the priority groundwater management area, a new election
52-15 may not be called for three years from the date of the last
52-16 election.]
52-17 SECTION 2.37. Section 36.001, Water Code, is amended by
52-18 amending Subdivision (13) and adding Subdivisions (18) through (22)
52-19 to read as follows:
52-20 (13) "Management area" means an area designated and
52-21 delineated by the Texas Water Development Board [commission] under
52-22 Chapter 35 as an area suitable for management of groundwater
52-23 resources.
52-24 (18) "River basin" means a river or coastal basin as
52-25 designated as a river basin by the board under Section 16.051. The
52-26 term does not include waters of the bays or arms originating in the
53-1 Gulf of Mexico.
53-2 (19) "Agriculture" means any of the following
53-3 activities:
53-4 (A) cultivating the soil to produce crops for
53-5 human food, animal feed, or planting seed or for the production of
53-6 fibers;
53-7 (B) the practice of floriculture, viticulture,
53-8 silviculture, and horticulture, including the cultivation of plants
53-9 in containers or nonsoil media, by a nursery grower;
53-10 (C) raising, feeding, or keeping animals for the
53-11 production of food or fiber, leather, pelts, or other tangible
53-12 products having a commercial value;
53-13 (D) wildlife management; and
53-14 (E) planting cover crops, including cover crops
53-15 cultivated for transplantation, or leaving land idle for the
53-16 purpose of participating in any governmental program or normal crop
53-17 or livestock rotation procedure.
53-18 (20) "Agricultural use" means any use or activity
53-19 involving agriculture, including irrigation.
53-20 (21) "Conjunctive use" means the combined use of
53-21 groundwater and surface water sources that optimizes the beneficial
53-22 characteristics of each source.
53-23 (22) "Nursery grower" means a person who grows more
53-24 than 50 percent of the products that the person either sells or
53-25 leases, regardless of the variety sold, leased, or grown. For the
53-26 purpose of this definition, "grow" means the actual cultivation or
54-1 propagation of the product beyond the mere holding or maintaining
54-2 of the item prior to sale or lease and typically includes
54-3 activities associated with the production or multiplying of stock
54-4 such as the development of new plants from cuttings, grafts, plugs,
54-5 or seedlings.
54-6 SECTION 2.38. Section 36.002, Water Code, is amended to read
54-7 as follows:
54-8 Sec. 36.002. OWNERSHIP OF GROUNDWATER. The ownership and
54-9 rights of the owners of the land and their lessees and assigns in
54-10 groundwater are hereby recognized, and nothing in this code shall
54-11 be construed as depriving or divesting the owners or their lessees
54-12 and assigns of the ownership or rights, except as such rights may
54-13 be limited or altered by [subject to] rules promulgated by a
54-14 district.
54-15 SECTION 2.39. Subsection (b), Section 36.011, Water Code, is
54-16 amended to read as follows:
54-17 (b) The commission has exclusive jurisdiction over the
54-18 [delineation of management areas and the] creation of districts.
54-19 SECTION 2.40. Section 36.012, Water Code, is amended by
54-20 adding Subsection (f) to read as follows:
54-21 (f) This section does not apply to districts created under
54-22 Section 36.0151.
54-23 SECTION 2.41. Section 36.013, Water Code, is amended to read
54-24 as follows:
54-25 Sec. 36.013. PETITION TO CREATE DISTRICT. (a) A petition
54-26 requesting creation of a district must be filed with the commission
55-1 [executive director] for review and certification under Section
55-2 36.015 [submission to the commission].
55-3 (b) The petition filed pursuant to this section must be
55-4 signed by:
55-5 (1) a majority of the landowners within the proposed
55-6 district, as indicated by the county tax rolls; or
55-7 (2) if there are more than 50 landowners in the
55-8 proposed district, at least 50 of those landowners.
55-9 (c) The petition must include:
55-10 (1) the name of the proposed district;
55-11 (2) the area and boundaries of the proposed district,
55-12 including a map generally outlining the boundaries of the proposed
55-13 district;
55-14 (3) the purpose or purposes of the district;
55-15 (4) a statement of the general nature of any projects
55-16 proposed to be undertaken by the district, the necessity and
55-17 feasibility of the work, and the estimated costs of those projects
55-18 according to the persons filing the projects if the projects are to
55-19 be funded by the sale of bonds or notes; [and]
55-20 (5) the names of at least five individuals qualified
55-21 to serve as temporary directors; and
55-22 (6) financial information, including the projected
55-23 maintenance tax or production fee rate and a proposed budget of
55-24 revenues and expenses for the district [any additional terms or
55-25 conditions that restrict the powers of the district from those
55-26 provided in this chapter].
56-1 [(d) If a part of the proposed district is not included
56-2 within either a management area or a priority groundwater
56-3 management area, the petition to create a district may also contain
56-4 a request to create a management area. A request to create a
56-5 management area must comply with the requirements for a petition in
56-6 Section 35.005, and may be acted on by the commission separately
56-7 from the petition to create the district.]
56-8 SECTION 2.42. Section 36.014, Water Code, is amended to read
56-9 as follows:
56-10 Sec. 36.014. NOTICE AND PUBLIC MEETING [HEARING] ON DISTRICT
56-11 CREATION. (a) If a petition is filed under Section 36.013, the
56-12 commission shall give notice of an application as required by
56-13 Section 49.011(a) and shall [may] conduct a public meeting in a
56-14 central location within the area of the proposed district [hearing]
56-15 on the application not later than the 60th day after the date the
56-16 commission issues notice [if the commission determines that a
56-17 hearing is necessary] under Section 49.011(a).
56-18 (b) At the public meeting, the commission shall receive
56-19 comments from interested persons [If the petition contains a
56-20 request to create a management area in all or part of the proposed
56-21 district, the notice must also be given in accordance with the
56-22 requirements in Section 35.006 for the designation of management
56-23 areas].
56-24 SECTION 2.43. Section 36.015, Water Code, is amended to read
56-25 as follows:
56-26 Sec. 36.015. COMMISSION CERTIFICATION AND ORDER. (a) Not
57-1 later than the 90th day after the date the commission holds a
57-2 public meeting on a petition under Section 36.014, the commission
57-3 shall certify the petition if the petition is administratively
57-4 complete. A petition is administratively complete if it complies
57-5 with the requirements of Sections 36.013(b) and (c).
57-6 (b) The commission may not certify a petition if the
57-7 commission finds that the proposed district cannot be adequately
57-8 funded to carry out its purposes based on the financial information
57-9 provided in the petition under Section 36.013(c)(6) or that the
57-10 boundaries of the proposed district do not provide for the proper
57-11 regulation of the groundwater resources. The commission shall give
57-12 preference to boundary lines that are coterminous with those of a
57-13 groundwater management area but may also consider boundaries along
57-14 existing political subdivision boundaries if such boundaries would
57-15 facilitate district creation and confirmation.
57-16 (c) If a petition proposes the creation of a district in an
57-17 area, in whole or in part, that has not been designated as a
57-18 management area, the commission shall provide notice to the Texas
57-19 Water Development Board. On the receipt of notice from the
57-20 commission, the Texas Water Development Board shall initiate the
57-21 process of designating a management area for the area of the
57-22 proposed district not included in a management area. The
57-23 commission may not certify the petition until the Texas Water
57-24 Development Board has adopted a rule whereby the boundaries of the
57-25 proposed district are coterminous with or inside the boundaries of
57-26 a management area.
58-1 (d) If the commission does not certify the petition, the
58-2 commission shall provide to the petitioners, in writing, the
58-3 reasons for not certifying the petition. The petitioners may
58-4 resubmit the petition, without paying an additional fee, if the
58-5 petition is resubmitted within 90 days after the date the
58-6 commission sends the notice required by this subsection.
58-7 (e) If the commission certifies the petition as
58-8 administratively complete, the commission shall issue an order,
58-9 notify the petitioners, and appoint temporary directors as provided
58-10 by Section 36.016.
58-11 (f) Refusal by the commission to certify a petition to
58-12 create a district does not invalidate or affect the designation of
58-13 any management area. [FINDINGS. (a) If the commission finds that
58-14 a district is feasible and practicable, that it would be a benefit
58-15 to the land in the district, and that it would be a public benefit
58-16 or utility, the commission shall issue an order containing these
58-17 findings granting the petition.]
58-18 [(b) If the commission finds that a district is not feasible
58-19 and practicable, that it would not be a benefit to the land in the
58-20 district, that it would not be a public benefit or utility, or that
58-21 it is not needed, the commission by order shall deny the petition.]
58-22 [(c) The commission may adjust the boundaries of the
58-23 proposed district to exclude any land that would not be benefited
58-24 by inclusion in the district and is not necessary to the district
58-25 for proper regulation of the groundwater reservoir.]
58-26 [(d) If the commission grants the petition to create the
59-1 district, it shall direct in its order creating the district that
59-2 an election be called by the temporary directors to confirm the
59-3 creation of the district and to elect permanent directors.]
59-4 [(e) The refusal to grant a petition to create a district
59-5 does not invalidate or affect the designation of any management
59-6 area requested in the same petition.]
59-7 [(f) The commission shall act on the petition within a
59-8 reasonable amount of time.]
59-9 SECTION 2.44. Subsection (a), Section 36.0151, Water Code,
59-10 is amended to read as follows:
59-11 (a) If the commission is required to create [proposes that]
59-12 a district [be created] under Section 35.012(b) [35.012(d)], it
59-13 shall, without an evidentiary hearing, issue an order creating the
59-14 district and shall provide in its order [creating the district
59-15 provide] that temporary directors be appointed under Section 36.016
59-16 and that an election be called by the temporary directors to
59-17 authorize the district to assess taxes [confirm the creation of the
59-18 district] and to elect permanent directors.
59-19 SECTION 2.45. Subsection (a), Section 36.016, Water Code, is
59-20 amended to read as follows:
59-21 (a) If the commission certifies [grants] a petition to
59-22 create a district under Section 36.015, the commission shall
59-23 appoint the temporary directors named in the petition. If [or
59-24 after] the commission dissolves a district's board under Section
59-25 36.303, it shall appoint five temporary directors.
59-26 SECTION 2.46. Section 36.017, Water Code, is amended by
60-1 amending the section heading and Subsections (a) and (d) and adding
60-2 Subsection (i) to read as follows:
60-3 Sec. 36.017. CONFIRMATION AND DIRECTORS' ELECTION FOR
60-4 DISTRICT IN A MANAGEMENT AREA. (a) For a district created under
60-5 Section 36.015, not [Not] later than the 120th [60th] day after the
60-6 date all temporary directors have been appointed and have
60-7 qualified, the temporary directors shall meet and order an election
60-8 to be held within the boundaries of the proposed district to
60-9 approve the creation of the district and to elect permanent
60-10 directors.
60-11 (d) The ballot for the election must be printed to provide
60-12 for voting for or against the proposition: "The creation of the
60-13 _________________ Groundwater Conservation District." If the
60-14 district levies a maintenance tax for payment of its expenses, then
60-15 an additional [the] proposition shall be included with [include]
60-16 the following language: "The [and the] levy of a maintenance tax
60-17 at a rate not to exceed ______ cents for each $100 of assessed
60-18 valuation."
60-19 (i) If a majority of the votes cast at the election are
60-20 against the levy of a maintenance tax, the district shall set
60-21 production fees to pay for the district's regulation of groundwater
60-22 in the district, including fees based on the amount of water to be
60-23 withdrawn from a well.
60-24 SECTION 2.47. Subchapter B, Chapter 36, Water Code, is
60-25 amended by adding Section 36.0171 to read as follows:
60-26 Sec. 36.0171. TAX AUTHORITY AND DIRECTORS' ELECTION FOR
61-1 DISTRICT IN A PRIORITY GROUNDWATER MANAGEMENT AREA. (a) For a
61-2 district created under Section 36.0151, not later than the 120th
61-3 day after the date all temporary directors have been appointed and
61-4 have qualified, the temporary directors shall meet and order an
61-5 election to be held within the boundaries of the proposed district
61-6 to authorize the district to assess taxes and to elect permanent
61-7 directors.
61-8 (b) In the order calling the election, the temporary
61-9 directors shall designate election precincts and polling places for
61-10 the election. In designating the polling places, the temporary
61-11 directors shall consider the needs of all voters for conveniently
61-12 located polling places.
61-13 (c) The temporary directors shall publish notice of the
61-14 election at least once in at least one newspaper with general
61-15 circulation within the boundaries of the proposed district. The
61-16 notice must be published before the 30th day preceding the date of
61-17 the election.
61-18 (d) The ballot for the election must be printed to provide
61-19 for voting for or against the proposition: "The levy of a
61-20 maintenance tax by the ___________________ Groundwater Conservation
61-21 District at a rate not to exceed ______ cents for each $100 of
61-22 assessed valuation."
61-23 (e) Immediately after the election, the presiding judge of
61-24 each polling place shall deliver the returns of the election to the
61-25 temporary board, and the board shall canvass the returns and
61-26 declare the result. The board shall file a copy of the election
62-1 result with the commission.
62-2 (f) If a majority of the votes cast at the election favor
62-3 the levy of a maintenance tax, the temporary board shall declare
62-4 the levy approved and shall enter the result in its minutes.
62-5 (g) If a majority of the votes cast at the election are
62-6 against the levy of a maintenance tax, the temporary board shall
62-7 declare the levy defeated and shall enter the result in its
62-8 minutes.
62-9 (h) If the majority of the votes cast at the election are
62-10 against the levy of a maintenance tax, the district shall set
62-11 permit fees to pay for the district's regulation of groundwater in
62-12 the district, including fees based on the amount of water to be
62-13 withdrawn from a well.
62-14 SECTION 2.48. Section 36.019, Water Code, is amended to read
62-15 as follows:
62-16 Sec. 36.019. CONFIRMATION ELECTION IN DISTRICT INCLUDING
62-17 LAND IN MORE THAN ONE COUNTY. (a) A district, the major portion
62-18 of which is located in one county, may not be organized to include
62-19 land in another county unless the election held in the other county
62-20 to confirm and ratify the creation of the district is approved by a
62-21 majority of the voters of the other county voting in an election
62-22 called for that purpose.
62-23 (b) This section does not apply to districts created under
62-24 Section 36.0151.
62-25 SECTION 2.49. Subsection (g), Section 36.066, Water Code, is
62-26 amended to read as follows:
63-1 (g) If the district prevails in any suit other than a suit
63-2 in which it voluntarily intervenes, the district may seek and the
63-3 court shall grant [it may], in the same action, recovery [recover
63-4 reasonable fees] for attorney's fees [attorneys], costs for expert
63-5 witnesses, and other costs incurred by the district before the
63-6 court. The amount of the attorney's fees shall be fixed by the
63-7 court.
63-8 SECTION 2.50. Subsection (a), Section 36.101, Water Code, is
63-9 amended to read as follows:
63-10 (a) A district may make and enforce rules, including rules
63-11 limiting groundwater production based on tract size or the spacing
63-12 of wells, to provide for conserving, preserving, protecting, and
63-13 recharging of the groundwater or of a groundwater reservoir or its
63-14 subdivisions in order to control subsidence, prevent degradation of
63-15 water quality, or prevent waste of groundwater and to carry out the
63-16 powers and duties provided by this chapter. During the rulemaking
63-17 process the board shall consider all groundwater uses and needs and
63-18 shall develop rules which are fair, impartial, and
63-19 nondiscriminatory.
63-20 SECTION 2.51. Subsections (b) and (d), Section 36.102, Water
63-21 Code, are amended to read as follows:
63-22 (b) The board by rule may set reasonable civil penalties for
63-23 breach of any rule of the district [that shall] not to exceed
63-24 $10,000 per day per violation, and each day of a continuing
63-25 violation constitutes a separate violation [the jurisdiction of a
63-26 justice court as provided by Section 27.031, Government Code].
64-1 (d) If the district prevails in any suit to enforce its
64-2 rules, the district may seek and the court shall grant [it may], in
64-3 the same action, recovery [recover reasonable fees] for attorney's
64-4 fees [attorneys], costs for expert witnesses, and other costs
64-5 incurred by the district before the court. The amount of the
64-6 attorney's fees shall be fixed by the court.
64-7 SECTION 2.52. Section 36.1071, Water Code, is amended by
64-8 amending Subsections (a), (b), and (e) and adding Subsection (h) to
64-9 read as follows:
64-10 (a) Following notice and hearing, the district shall, in
64-11 coordination with surface water management entities on a regional
64-12 basis, develop a comprehensive management plan which addresses the
64-13 following management goals, as applicable:
64-14 (1) providing the most efficient use of groundwater;
64-15 (2) controlling and preventing waste of groundwater;
64-16 (3) controlling and preventing subsidence;
64-17 (4) addressing conjunctive surface water management
64-18 issues; [and]
64-19 (5) addressing natural resource issues;
64-20 (6) addressing drought conditions; and
64-21 (7) addressing conservation.
64-22 (b) After January 5, 2002, a [A] district management plan,
64-23 or any amendments to a district management plan, shall be developed
64-24 by the district using the district's best available data and
64-25 forwarded to the regional water planning group for consideration in
64-26 their planning process [adopted after the Texas Water Development
65-1 Board approval of a regional water plan for the region in which the
65-2 district is located shall be consistent with the regional water
65-3 plan].
65-4 (e) In the management plan described under Subsection (a),
65-5 the district shall:
65-6 (1) identify the performance standards and management
65-7 objectives under which the district will operate to achieve the
65-8 management goals identified under Subsection (a);
65-9 (2) establish a groundwater management standard
65-10 describing the desired condition of the groundwater source as
65-11 indicated by indices of quantity of water in the source, quality of
65-12 water produced from the source, springflows, or subsidence of the
65-13 land surface, and the groundwater management standard shall
65-14 describe this condition for various time periods;
65-15 (3) specify, in as much detail as possible, the
65-16 actions, procedures, performance, and avoidance that are or may be
65-17 necessary to effect the plan, including specifications and proposed
65-18 rules;
65-19 (4) [(3)] include estimates of the following:
65-20 (A) the existing total usable amount of
65-21 groundwater in the district;
65-22 (B) the amount of groundwater being used within
65-23 the district on an annual basis;
65-24 (C) the annual amount of recharge, if any, to
65-25 the groundwater resources within the district and how natural or
65-26 artificial recharge may be increased; [and]
66-1 (D) the projected surface water supply and
66-2 demand for water within the district; and
66-3 (E) the groundwater withdrawal rates based on
66-4 groundwater management standards adopted under Subdivision (2)
66-5 using groundwater availability modeling information as provided by
66-6 the executive administrator in conjunction with any available
66-7 site-specific information provided by the district and acceptable
66-8 to the executive administrator; and
66-9 (5) [(4)] address water supply needs in a manner that
66-10 is not in conflict with the appropriate approved regional water
66-11 plan if a regional water plan has been approved under Section
66-12 16.053.
66-13 (h) In developing its management plan and groundwater
66-14 management standards, the district shall use the groundwater
66-15 availability modeling information provided by the executive
66-16 administrator in conjunction with any available site-specific
66-17 information provided by the district and acceptable to the
66-18 executive administrator.
66-19 SECTION 2.53. Section 36.1072, Water Code, is amended by
66-20 adding Subsection (g) to read as follows:
66-21 (g) In this subsection, "board" means the Texas Water
66-22 Development Board. A person with a legally defined interest in
66-23 groundwater in a district or the regional water planning group may
66-24 file a petition with the board stating that a conflict requiring
66-25 resolution may exist between the district's certified groundwater
66-26 conservation district management plan developed under Section
67-1 36.1071 and the state water plan. If a conflict exists, the board
67-2 shall facilitate coordination between the involved person or
67-3 regional water planning group and the district to resolve the
67-4 conflict. If conflict remains, the board shall resolve the
67-5 conflict. The board action under this provision may be
67-6 consolidated, at the option of the board, with related action under
67-7 Section 16.053(p). If the board determines that resolution of the
67-8 conflict requires a revision of the certified groundwater
67-9 conservation district management plan, the board shall suspend the
67-10 certification of the plan and provide information to the district.
67-11 The district shall prepare any revisions to the plan specified by
67-12 the board and shall hold, after notice, at least one public hearing
67-13 at some central location within the district. The district shall
67-14 consider all public and board comments; prepare, revise, and adopt
67-15 its plan; and submit the revised plan to the board for
67-16 certification. On the request of the district or the regional
67-17 water planning group, the board shall include discussion of the
67-18 conflict and its resolution in the state water plan that the board
67-19 provides to the governor, the lieutenant governor, and the speaker
67-20 of the house of representatives under Section 16.051(e).
67-21 SECTION 2.54. Section 36.108, Water Code, is amended to read
67-22 as follows:
67-23 Sec. 36.108. JOINT PLANNING IN MANAGEMENT AREA. (a) If two
67-24 or more districts are located within the boundaries of the same
67-25 management area, each district shall prepare a comprehensive
67-26 management plan as required by Section 36.1071 covering that
68-1 district's respective territory. On completion and certification
68-2 of the plan as required by Section 36.1072, each district shall
68-3 forward a copy of the new or revised management plan to the other
68-4 districts in the management area. The boards of the districts
68-5 shall consider the plans individually and shall compare them to
68-6 other management plans then in force in the management area.
68-7 (b) The board of directors of each district in the
68-8 management area may, by resolution, call for [a] joint planning
68-9 [meeting] with [the boards of directors of] the other districts in
68-10 the management area to review the management plans and
68-11 accomplishments for the management area. [The boards shall meet to
68-12 consider the plans individually and shall compare them to other
68-13 management plans then in force in the management area.] In
68-14 reviewing the management plans, the boards shall consider:
68-15 (1) the goals of each management plan and its impact
68-16 on planning throughout the management area;
68-17 (2) the groundwater management standards of each
68-18 district describing the desired condition of the groundwater source
68-19 over time as indicated by indices of quantity of water in the
68-20 source, quality of water produced from the source, springflows, or
68-21 subsidence of the land surface;
68-22 (3) the groundwater withdrawal rates adopted by each
68-23 district and its effectiveness in achieving the groundwater
68-24 management standard of the district;
68-25 (4) the effectiveness of the measures established by
68-26 each management plan for conserving and protecting groundwater and
69-1 preventing waste, and the effectiveness of these measures in the
69-2 management area generally; and
69-3 (5) [(3)] any other matters that the boards consider
69-4 relevant to the protection and conservation of groundwater and the
69-5 prevention of waste in the management area.
69-6 (c) Each district participating in the joint planning
69-7 process initiated under Subsection (b) shall ensure that the
69-8 groundwater management standards adopted by the district are
69-9 adequate to protect the groundwater in the management area and are
69-10 not incompatible with the groundwater management standards adopted
69-11 by the other districts in the management area.
69-12 (d) If a [A] joint meeting of the boards of directors is
69-13 called, the meeting must be held in accordance with [the Open
69-14 Meetings Act,] Chapter 551, Government Code. Notice of the meeting
69-15 shall be given in accordance with the requirements for notice of
69-16 district board of directors meetings under that Act. In addition,
69-17 notice of the meeting shall be published not later than the 30th
69-18 day before the date of the scheduled meeting in a newspaper with
69-19 general circulation in each county in the management area.
69-20 (e) [(d)] A district in the management area may file with
69-21 good cause a petition with the commission requesting an inquiry if
69-22 the petitioner district adopted a resolution calling for joint
69-23 planning, and the other district or districts either refused to
69-24 join in the planning process or failed to adopt an adequate
69-25 management standard or the process failed to result in adequate
69-26 planning, and the petition provides evidence [believes] that:
70-1 (1) another district in the management area has failed
70-2 to adopt rules;
70-3 (2) the groundwater in the management area is not
70-4 adequately protected by the rules adopted by another district; [or]
70-5 (3) the groundwater in the management area is not
70-6 adequately protected due to the failure of another district to
70-7 enforce substantial compliance with its rules; or
70-8 (4) another district in the management area has failed
70-9 to adopt groundwater management standards that are adequate to
70-10 protect the groundwater in the management area.
70-11 (f) [(e)] Not later than the 90th day after the date the
70-12 petition is filed, the commission shall review the petition and
70-13 either:
70-14 (1) dismiss it if it finds that the evidence is not
70-15 adequate to show that any of the conditions alleged in the petition
70-16 exist; or
70-17 (2) select a review panel as provided in Subsection
70-18 (g) [(f)].
70-19 (g) [(f)] If the petition is not dismissed under Subsection
70-20 (f), the [The] commission shall [may] appoint a review panel
70-21 consisting of a chairman and four other members. A director or
70-22 general manager of a district located outside the management area
70-23 that is the subject of the petition may be appointed to the review
70-24 panel. The commission may not appoint more than two members of the
70-25 review panel from any one district. The commission also shall
70-26 appoint a disinterested person to serve as a nonvoting recording
71-1 secretary for the review panel. The recording secretary may be an
71-2 employee of the commission. The recording secretary shall record
71-3 and document the proceedings of the panel.
71-4 (h) [(g)] Not later than the 120th day after appointment,
71-5 the review panel shall review the petition and any evidence
71-6 relevant to the petition and, in a public meeting, consider and
71-7 adopt [prepare] a report to be submitted to the commission. The
71-8 commission may direct the review panel to conduct public hearings
71-9 at a location in the management area to take evidence on the
71-10 petition. The review panel may attempt to negotiate a settlement
71-11 or resolve the dispute by any lawful means.
71-12 (i) [(h)] In its report, the review panel shall include:
71-13 (1) a summary of all evidence taken in any hearing on
71-14 the petition;
71-15 (2) a list of findings and recommended actions
71-16 appropriate for the commission to take and the reasons it finds
71-17 those actions appropriate; and
71-18 (3) any other information the panel considers
71-19 appropriate.
71-20 (j) The review panel shall submit its report to the
71-21 commission.
71-22 (k) Districts located within the same management areas or in
71-23 adjacent management areas may contract to jointly conduct studies
71-24 or research, or to construct projects, under terms and conditions
71-25 that the districts consider beneficial. Such joint efforts may
71-26 include studies of groundwater availability and quality, aquifer
72-1 modeling, and the interaction of groundwater and surface water;
72-2 educational programs; the purchase and sharing of equipment; and
72-3 the implementation of projects to make groundwater available,
72-4 including aquifer recharge, brush control, weather modification,
72-5 desalination, regionalization, and treatment or conveyance
72-6 facilities. The districts may contract under their existing
72-7 authorizations including those of Chapter 791, Government Code,
72-8 provided, however, that their contracting authority is not limited
72-9 by Sections 791.011(c)(2) and 791.011(d)(3) and Section 791.014,
72-10 Government Code.
72-11 SECTION 2.55. Section 36.113, Water Code, is amended by
72-12 amending Subsection (d), adding a new Subsection (e), and
72-13 relettering existing Subsections (e) and (f) as Subsections (f) and
72-14 (g) to read as follows:
72-15 (d) Before granting or denying a permit, the district shall
72-16 consider whether:
72-17 (1) the application conforms to the requirements
72-18 prescribed by this chapter and is accompanied by the prescribed
72-19 fees;
72-20 (2) the proposed use of water unreasonably affects
72-21 existing groundwater and surface water resources or existing permit
72-22 holders;
72-23 (3) the proposed use of water is dedicated to any
72-24 beneficial use;
72-25 (4) the proposed use of water is consistent with the
72-26 district's certified water management plan;
73-1 (5) the applicant has agreed to avoid waste and
73-2 achieve water conservation; and
73-3 (6) the applicant has agreed that reasonable diligence
73-4 will be used to protect groundwater quality and that the applicant
73-5 will follow well plugging guidelines at the time of well closure.
73-6 (e) The district may impose more restrictive permit
73-7 conditions on new permit applications and increased use by historic
73-8 users, provided that:
73-9 (1) such limitations apply to all subsequent new
73-10 permit applications and increased use by historic users, regardless
73-11 of type or location of use;
73-12 (2) such limitations bear a reasonable relationship to
73-13 the existing district management plan; and
73-14 (3) such limitations are reasonably necessary to
73-15 protect existing use.
73-16 (f) Permits may be issued subject to the rules promulgated
73-17 by the district and subject to terms and provisions with reference
73-18 to the drilling, equipping, completion, or alteration of wells or
73-19 pumps that may be necessary to prevent waste and achieve water
73-20 conservation, minimize as far as practicable the drawdown of the
73-21 water table or the reduction of artesian pressure, lessen
73-22 interference between wells, or control and prevent subsidence.
73-23 (g) [(f)] A district may require that changes in the
73-24 withdrawal and use of groundwater under a permit not be made
73-25 without the prior approval of a permit amendment issued by the
73-26 district.
74-1 SECTION 2.56. Section 36.116, Water Code, is amended to read
74-2 as follows:
74-3 Sec. 36.116. REGULATION OF SPACING AND PRODUCTION. In order
74-4 to minimize as far as practicable the drawdown of the water table
74-5 or the reduction of artesian pressure, to control subsidence, to
74-6 prevent interference between wells, to prevent degradation of water
74-7 quality, or to prevent waste, a district by rule may regulate:
74-8 (1) [provide for] the spacing of water wells by:
74-9 (A) requiring all water wells to be spaced a
74-10 certain distance from property lines or adjoining wells;
74-11 (B) requiring wells with a certain production
74-12 capacity, pump size, or other characteristic related to the
74-13 construction or operation of a well to be spaced a certain distance
74-14 from property lines or adjoining wells; or
74-15 (C) imposing spacing requirements adopted by the
74-16 board; and
74-17 (2) the production of groundwater by:
74-18 (A) setting production limits which are
74-19 nondiscriminatory;
74-20 (B) limiting the amount of water produced based
74-21 on acreage or tract size;
74-22 (C) limiting the amount of water that may be
74-23 produced from a defined number of acres assigned to an authorized
74-24 well site; or
74-25 (D) limiting the maximum amount of water that
74-26 may be produced on the basis of acre-feet per acre [and may
75-1 regulate the production of wells].
75-2 SECTION 2.57. Section 36.117, Water Code, is amended to read
75-3 as follows:
75-4 Sec. 36.117. EXEMPTIONS; EXCEPTION; LIMITATIONS. (a) A
75-5 district may exempt wells from the requirement of obtaining
75-6 [requirements to obtain] a drilling permit, an operating permit, or
75-7 any other permit required by this chapter or the district's rules.
75-8 (b) A district may not require any [a] permit issued by the
75-9 district [for]:
75-10 (1) for [drilling or producing from] a well used
75-11 solely for domestic use or for providing water for livestock or
75-12 poultry on a tract of land larger than 10 acres that is either
75-13 drilled, completed, or equipped so that it is incapable of
75-14 producing more than 25,000 gallons of groundwater a day;
75-15 (2) for the drilling of a water well used solely to
75-16 supply water for a rig that is actively engaged in drilling or
75-17 exploration operations for an oil or gas well permitted by the
75-18 Railroad Commission of Texas provided that the person holding the
75-19 permit is responsible for drilling and operating the water well and
75-20 the well is located on the same lease or field associated with the
75-21 drilling rig; or [alteration of the size of a well or to restrict
75-22 the production of a well if the water produced or to be produced
75-23 from the well is used or to be used to supply the domestic needs of
75-24 10 or fewer households and a person who is a member of each
75-25 household is either the owner of the well, a person related to the
75-26 owner or a member of the owner's household within the second degree
76-1 by consanguinity, or an employee of the owner;]
76-2 (3) for the drilling of a water well authorized under
76-3 a permit issued by the Railroad Commission of Texas under Chapter
76-4 134, Natural Resources Code, or for production from any such well
76-5 to the extent the withdrawals are required for mining activities
76-6 regardless of any subsequent use of the water. [or alteration of
76-7 the size of a well or to restrict the production from the well if
76-8 the water produced or to be produced from the well is used or to be
76-9 used to provide water for feeding livestock and poultry connected
76-10 with farming, ranching, or dairy enterprises; or]
76-11 [(4) water wells to supply water for hydrocarbon
76-12 production activities, regardless of whether those wells are
76-13 producing, that are associated with any well permitted by the
76-14 Railroad Commission of Texas drilled before September 1, 1985.]
76-15 [(b) The board shall adopt rules determining the
76-16 applicability of Subsection (a)(3) to facilities used primarily for
76-17 feeding livestock.]
76-18 (c) [The district shall not deny the owner of a tract of
76-19 land, or his lessee, who has no well equipped to produce more than
76-20 25,000 gallons a day on the tract, either a permit to drill a well
76-21 on his land or the privilege to produce groundwater from his land,
76-22 subject to the rules of the district.]
76-23 [(d)] A district may not restrict the production of any well
76-24 that is exempt from permitting under Subsection (b)(1) [equipped to
76-25 produce 25,000 gallons or less a day].
76-26 (d) Notwithstanding Subsection (b), a district may require a
77-1 well to be permitted by the district and to comply with all
77-2 district rules if:
77-3 (1) the purpose of a well exempted under Subsection
77-4 (b)(2) is no longer solely to supply water for a rig that is
77-5 actively engaged in drilling or exploration operations for an oil
77-6 or gas well permitted by the Railroad Commission of Texas; or
77-7 (2) the withdrawals from a well exempted under
77-8 Subsection (b)(3) are no longer necessary for mining activities or
77-9 are greater than the amount necessary for mining activities
77-10 specified in the permit issued by the Railroad Commission of Texas
77-11 under Chapter 134, Natural Resources Code.
77-12 (e) An entity holding a permit issued by the Railroad
77-13 Commission of Texas under Chapter 134, Natural Resources Code, that
77-14 authorizes the drilling of a water well shall report monthly to the
77-15 district:
77-16 (1) the total amount of water withdrawn during the
77-17 month;
77-18 (2) the quantity of water necessary for mining
77-19 activities; and
77-20 (3) the quantity of water withdrawn for other
77-21 purposes. [Nothing in this chapter applies to wells drilled for
77-22 oil, gas, sulphur, uranium, or brine, or for core tests, or for
77-23 injection of gas, saltwater, or other fluid, or for any other
77-24 purpose, under permits issued by the Railroad Commission of Texas.
77-25 A district may not require a drilling permit for a well to supply
77-26 water for drilling any wells permitted by the Railroad Commission
78-1 of Texas. Any well that ceases to be used for these purposes and
78-2 is then used as an ordinary water well is subject to the rules of
78-3 the district. Water wells drilled after September 1, 1997, to
78-4 supply water for hydrocarbon production activities must meet the
78-5 spacing requirements of the district unless no space is available
78-6 within 300 feet of the production well or the central injection
78-7 station.]
78-8 (f) Notwithstanding Subsection (d), a district may not
78-9 require a well exempted under Subsection (b)(3) to comply with the
78-10 spacing requirements of the district. [Water wells exempted under
78-11 this section shall be equipped and maintained so as to conform to
78-12 the district's rules requiring installation of casing, pipe, and
78-13 fittings to prevent the escape of groundwater from a groundwater
78-14 reservoir to any reservoir not containing groundwater and to
78-15 prevent the pollution or harmful alteration of the character of the
78-16 water in any groundwater reservoir.]
78-17 (g) A district shall not deny an application for a permit to
78-18 drill and produce water for hydrocarbon production activities if
78-19 the application meets the spacing, density, and production rules
78-20 applicable to all permitted water wells in the district.
78-21 (h) A [require] water well [wells] exempted under Subsection
78-22 (a) or (b) shall:
78-23 (1) [this section to] be registered in accordance with
78-24 rules promulgated by the district; and
78-25 (2) [before drilling. All exempt water wells shall]
78-26 be equipped and maintained so as to conform to the district's rules
79-1 requiring installation of casing, pipe, and fittings to prevent the
79-2 escape of groundwater from a groundwater reservoir to any reservoir
79-3 not containing groundwater and to prevent the pollution or harmful
79-4 alteration of the character of the water in any groundwater
79-5 reservoir.
79-6 (i) The driller of a well exempted under Subsection (a) or
79-7 (b) shall file the drilling log with the district.
79-8 (j) [(h)] A well to supply water for a subdivision of land
79-9 for which a plat approval is required by Chapter 232, Local
79-10 Government Code, [law] is not exempted under Subsection (b) [this
79-11 section].
79-12 (k) Groundwater withdrawn from a well exempt from permitting
79-13 or regulation under this section and subsequently transported
79-14 outside the boundaries of the district shall be subject to any
79-15 applicable production and export fees under Sections 36.122 and
79-16 36.205.
79-17 (l) This section applies to water wells, including water
79-18 wells used to supply water for activities related to the
79-19 exploration or production of hydrocarbons or minerals. This
79-20 section does not apply to production or injection wells drilled for
79-21 oil, gas, sulphur, uranium, or brine, or for core tests, or for
79-22 injection of gas, saltwater, or other fluids, under permits issued
79-23 by the Railroad Commission of Texas.
79-24 SECTION 2.58. Section 36.122, Water Code, is amended to read
79-25 as follows:
79-26 Sec. 36.122. TRANSFER OF GROUNDWATER OUT OF DISTRICT.
80-1 (a) If a permit or an amendment to a permit under Section 36.113
80-2 proposes to transfer groundwater outside of a district's
80-3 boundaries, the district may also consider the provisions of this
80-4 section in determining whether to grant or deny the permit.
80-5 (b) A district may promulgate rules requiring a person to
80-6 obtain a permit or an amendment to a permit under Section 36.113
80-7 from the district for the transfer of groundwater out of the
80-8 district to:
80-9 (1) increase, on or after March 2, 1997, the amount of
80-10 groundwater to be transferred under a continuing arrangement in
80-11 effect before that date; or
80-12 (2) transfer groundwater out of the district on or
80-13 after March 2, 1997, under a new arrangement.
80-14 (c) Except as provided in Section 36.113(e), the district
80-15 may not impose more restrictive permit conditions on transporters
80-16 than the district imposes on existing in-district users.
80-17 (d) [(b)] The district may impose a reasonable fee for
80-18 processing an application [for a permit] under this section. The
80-19 fee may not exceed fees that the district imposes for processing
80-20 other applications under Section 36.113. An application filed to
80-21 comply with this section shall be considered and processed under
80-22 the same procedures as other applications for permits under Section
80-23 36.113 and shall be combined with applications filed to obtain a
80-24 permit for in-district water use under Section 36.113 from the same
80-25 applicant.
80-26 (e) The district may impose a reasonable fee or surcharge
81-1 for an export fee using one of the following methods:
81-2 (1) a fee negotiated between the district and the
81-3 transporter; or
81-4 (2) a rate not to exceed the equivalent of the
81-5 district's tax rate per hundred dollars of valuation for each
81-6 thousand gallons of water transferred out of the district or 2.5
81-7 cents per thousand gallons of water, if the district assesses a tax
81-8 rate of less than 2.5 cents per hundred dollars of valuation.
81-9 (f) A district may not impose a fee under Subsection (e) on
81-10 withdrawal of water from land owned prior to March 1, 2001, by a
81-11 political subdivision if the political subdivision pays a tax
81-12 mitigation fee under Section 36.205(g).
81-13 (g) [(c) Before issuing a permit under this section, the
81-14 district must give notice of the application and hold a public
81-15 hearing.]
81-16 [(d)] In reviewing a proposed transfer of groundwater out of
81-17 the district [determining whether to issue a permit under this
81-18 section], the district shall consider:
81-19 (1) the availability of water in the district and in
81-20 the proposed receiving area during the period for which the water
81-21 supply is requested;
81-22 (2) [the availability of feasible and practicable
81-23 alternative supplies to the applicant;]
81-24 [(3) the amount and purposes of use in the proposed
81-25 receiving area for which water is needed;]
81-26 [(4)] the projected effect of the proposed transfer on
82-1 aquifer conditions, depletion, subsidence, or effects on existing
82-2 permit holders or other groundwater users within the district; and
82-3 (3) [(5)] the state [approved regional] water plan and
82-4 certified district management plan.
82-5 (h) [(e)] The district may not deny a permit based on the
82-6 fact that the applicant seeks to transfer groundwater outside of
82-7 the district but may limit a permit issued under this section if
82-8 conditions in Subsection (g) [(d)] warrant the limitation, subject
82-9 to the provisions of Subsection (c).
82-10 (i) [(f)] In addition to conditions provided by Section
82-11 36.1131, the permit shall specify:
82-12 (1) the amount of water that may be transferred out of
82-13 the district; and
82-14 (2) the period for which the water may be transferred.
82-15 (j) The period specified by Subsection (i)(2) shall be:
82-16 (1) five years if construction of a conveyance system
82-17 has not been initiated prior to the issuance of the permit; or
82-18 (2) 30 years if construction of a conveyance system
82-19 has been initiated prior to the issuance of the permit.
82-20 (k) A term of five years under Subsection (j) shall
82-21 automatically be extended to 30 years if construction of a
82-22 conveyance system is begun before the expiration of the initial
82-23 five-year term.
82-24 (l) Notwithstanding the period of time specified in
82-25 Subsections (j) and (k) during which water may be transferred under
82-26 a permit, a district may periodically review the amount of water
83-1 that may be transferred under the permit and may limit the amount
83-2 if conditions considered in Subsection (g) warrant the limitation,
83-3 subject to the provisions of Subsection (c). The review described
83-4 by this subsection may take place not more frequently than the
83-5 period of time provided for the review or renewal of regular
83-6 permits issued by the district. In its determination of whether to
83-7 renew a permit issued under this section, the district shall
83-8 consider relevant and current data for the conservation of
83-9 groundwater resources and shall consider the permit in the same
83-10 manner it would consider any other permit in the district.
83-11 (m) A district is prohibited from using revenues obtained
83-12 under Subsection (e) to prohibit the transfer of groundwater
83-13 outside of a district. A district is not prohibited from using
83-14 revenues obtained under Subsection (e) for paying expenses related
83-15 to enforcement of this chapter or district rules.
83-16 (n) Subsections (b), (e), and (f) apply [(g) A district may
83-17 not prohibit the export of groundwater if the purchase was in
83-18 effect on or before June 1, 1997.]
83-19 [(h) This section applies] only to a transfer of water that
83-20 the application for which is initiated or increased after March 1,
83-21 2001. Subsection (e) does not apply to a district that is
83-22 collecting an export fee or surcharge on March 1, 2001 [the
83-23 effective date of this section].
83-24 (o) [(i)] A district shall adopt rules as necessary to
83-25 implement this section but shall not adopt rules expressly
83-26 prohibiting the export of groundwater.
84-1 SECTION 2.59. Section 36.205, Water Code, is amended to read
84-2 as follows:
84-3 Sec. 36.205. AUTHORITY TO SET FEES. (a) A district may set
84-4 fees for administrative acts of the district, such as filing
84-5 applications. Fees set by a district may not unreasonably exceed
84-6 the cost to the district of performing the administrative function
84-7 for which the fee is charged.
84-8 (b) A district shall set and collect fees for all services
84-9 provided outside the boundaries of the district. Such fees may not
84-10 unreasonably exceed the cost to the district of providing the
84-11 services outside the district.
84-12 (c) A district may assess production fees based on the
84-13 amount of water authorized by permit to be withdrawn from a well or
84-14 the amount actually withdrawn. A district may assess the fees in
84-15 lieu of, or in conjunction with, any taxes otherwise levied by the
84-16 district. A district may use revenues generated by the fees for
84-17 any lawful purpose. Production fees [Fees based on the amount of
84-18 water to be withdrawn from a well] shall not exceed:
84-19 (1) $1 [one dollar] per acre-foot payable annually
84-20 [acre foot] for water used for agricultural use [the purpose of
84-21 irrigating agricultural crops]; or
84-22 (2) $10 per acre-foot payable annually [17 cents per
84-23 thousand gallons] for water used for any other purpose.
84-24 (d) The Barton Springs-Edwards Aquifer Conservation District
84-25 and the Guadalupe County Groundwater Conservation District may not
84-26 charge production fees for an annual period greater than $1 per
85-1 acre-foot for water used for agricultural use or 17 cents per
85-2 thousand gallons for water used for any other purpose. The Barton
85-3 Springs-Edwards Aquifer Conservation District [A district affected
85-4 by Subsection (c)(2) that also] may assess a water use fee against
85-5 a specific municipality in [shall assess] an amount not to exceed
85-6 60 percent of the total funding of the district received from water
85-7 use fees assessed against that municipality and other nonexempt
85-8 users in the district. This subsection shall take precedence over
85-9 all prior enactments.
85-10 (e) Subsection (c) does not apply to the following
85-11 districts:
85-12 (1) the Edwards Aquifer Authority;
85-13 (2) the Fort Bend Subsidence District; [or]
85-14 (3) the Harris-Galveston Coastal Subsidence District;
85-15 (4) the Barton Springs-Edwards Aquifer Conservation
85-16 District; or
85-17 (5) any district that collects a property tax and that
85-18 was created before September 1, 1999, unless otherwise authorized
85-19 by special law.
85-20 (f) A district, including a district described under
85-21 Subsection (d), may assess a production fee under Subsection (c)
85-22 for any water produced pursuant to an exemption under Section
85-23 36.117 if that water is subsequently sold to another person.
85-24 (g) Until groundwater production is initiated, political
85-25 subdivisions that own property that is suitable for groundwater
85-26 development or on which a groundwater well field has been
86-1 constructed shall annually pay the district in which the property
86-2 is located a fee that is equal to the taxes that would be paid to
86-3 the district if the land were not owned by a political subdivision.
86-4 This provision applies only to a political subdivision, other than
86-5 a state agency, that is located outside the district where the
86-6 property is located.
86-7 (h) A district may assess a transportation fee under Section
86-8 36.122.
86-9 SECTION 2.60. Section 36.206, Water Code, is amended by
86-10 amending Subsection (b) and adding Subsection (c) to read as
86-11 follows:
86-12 (b) The rate of fees set for [crop or livestock production
86-13 or other] agricultural uses shall be no more than 20 percent of the
86-14 rate applied to municipal uses.
86-15 (c) District fees may not be used to purchase groundwater
86-16 rights unless the purchased rights are acquired for conservation
86-17 purposes and are permanently held in trust not to be produced.
86-18 SECTION 2.61. Subchapter I, Chapter 36, Water Code, is
86-19 amended by adding Section 36.3011 to read as follows:
86-20 Sec. 36.3011. FAILURE OF A DISTRICT TO CONDUCT JOINT
86-21 PLANNING. (a) If the board of a district within a common
86-22 management area fails to forward a copy of its new or revised
86-23 certified management plan under Section 36.108, the commission
86-24 shall take appropriate action under Section 36.303.
86-25 (b) Within 45 days after receiving the review panel's report
86-26 under Section 36.108, the executive director or the commission
87-1 shall take action to implement any or all of the panel's
87-2 recommendations. If the commission finds that a district in the
87-3 joint planning area has failed to adopt rules, the groundwater in
87-4 the management area is not adequately protected by the rules
87-5 adopted by the district, or the groundwater in the management area
87-6 is not adequately protected because of the district's failure to
87-7 enforce substantial compliance with its rules, the commission may
87-8 take any action it considers necessary in accordance with Section
87-9 36.303.
87-10 SECTION 2.62. Subsection (a), Section 36.303, Water Code, is
87-11 amended to read as follows:
87-12 (a) If Section 36.108, 36.301, or 36.302(f) applies, the
87-13 commission, after notice and hearing in accordance with Chapter
87-14 2001, Government Code, shall take action the commission considers
87-15 appropriate, including:
87-16 (1) issuing an order requiring the district to take
87-17 certain actions or to refrain from taking certain actions;
87-18 (2) dissolving the board in accordance with Sections
87-19 36.305 and 36.307 and calling an election for the purpose of
87-20 electing a new board;
87-21 (3) requesting the attorney general to bring suit for
87-22 the appointment of a receiver to collect the assets and carry on
87-23 the business of the groundwater conservation district [removing the
87-24 district's taxing authority]; or
87-25 (4) dissolving the district in accordance with
87-26 Sections 36.304, 36.305, and 36.308.
88-1 SECTION 2.63. Subchapter I, Chapter 36, Water Code, is
88-2 amended by adding Section 36.3035 to read as follows:
88-3 Sec. 36.3035. APPOINTMENT OF A RECEIVER. (a) If the
88-4 attorney general brings a suit for the appointment of a receiver
88-5 for a district, a district court shall appoint a receiver if an
88-6 appointment is necessary to protect the assets of the district.
88-7 (b) The receiver shall execute a bond in an amount to be set
88-8 by the court to ensure the proper performance of the receiver's
88-9 duties.
88-10 (c) After appointment and execution of bond, the receiver
88-11 shall take possession of the assets of the district specified by
88-12 the court.
88-13 (d) Until discharged by the court, the receiver shall
88-14 perform the duties that the court directs to preserve the assets
88-15 and carry on the business of the district and shall strictly
88-16 observe the final order involved.
88-17 (e) On a showing of good cause by the district, the court
88-18 may dissolve the receivership and order the assets and control of
88-19 the business returned to the district.
88-20 SECTION 2.64. Section 51.149, Water Code, is amended to read
88-21 as follows:
88-22 Sec. 51.149. CONTRACTS. (a) No approvals other than those
88-23 specified in Subsection (c) and in Section 1, Chapter 778, Acts of
88-24 the 74th Legislature, Regular Session, 1995, need be obtained in
88-25 order for a contract between a district and a municipality to be
88-26 valid, binding, and enforceable against all parties to the
89-1 contract. After approval by a majority of the electors voting at
89-2 an election conducted in the manner of a bond election, a district
89-3 may make payments under a contract from taxes for debt that does
89-4 not exceed 30 years.
89-5 (b) [(d)] A contract may provide that the district will make
89-6 payments under the contract from proceeds from the sale of notes or
89-7 bonds, from taxes, from any other income of the district, or from
89-8 any combination of these.
89-9 (c) [(e)] A district may make payments under a contract from
89-10 taxes, other than maintenance taxes, after the provisions of the
89-11 contract have been approved by a majority of the electors voting at
89-12 an election held for that purpose.
89-13 (d) [(f)] Any contract election may be held at the same time
89-14 as and in conjunction with an election to issue bonds, and the
89-15 procedure for calling the election, giving notice, conducting the
89-16 election, and canvassing the returns shall be the same as the
89-17 procedure for a bond election.
89-18 SECTION 2.65. Subsection (a), Section 182.052, Utilities
89-19 Code, is amended to read as follows:
89-20 (a) Except as provided by Section 182.054, a
89-21 government-operated utility may not disclose personal information
89-22 in a customer's account record, or any information relating to the
89-23 volume or units of utility usage or the amounts billed to or
89-24 collected from the individual for utility usage, if the customer
89-25 requests that the government-operated utility keep the information
89-26 confidential.
90-1 ARTICLE 3. DISTRICT RATIFICATIONS
90-2 PART 1. COW CREEK GROUNDWATER CONSERVATION DISTRICT
90-3 SECTION 3.0101. CREATION. (a) A groundwater conservation
90-4 district to be known as the Cow Creek Groundwater Conservation
90-5 District is created in Kendall County, subject to approval at a
90-6 confirmation election under Section 3.0109 of this part. The
90-7 district is a governmental agency and a body politic and corporate.
90-8 (b) The district is created under and is essential to
90-9 accomplish the purposes of Section 59, Article XVI, Texas
90-10 Constitution.
90-11 (c) The district may develop and implement regulatory,
90-12 conservation, and recharge programs that preserve and protect
90-13 groundwater resources located in the district.
90-14 SECTION 3.0102. DEFINITIONS. In this part:
90-15 (1) "District" means the Cow Creek Groundwater
90-16 Conservation District.
90-17 (2) "Retail public utility" means a retail public
90-18 utility as defined by Section 13.002, Water Code, that is providing
90-19 service in the district on September 1, 2001.
90-20 (3) "Well" means any excavation drilled or dug into
90-21 the ground that may intercept or penetrate a water-bearing stratum
90-22 or formation.
90-23 SECTION 3.0103. BOUNDARIES. The boundaries of the district
90-24 are coextensive with the boundaries of Kendall County.
90-25 SECTION 3.0104. FINDING OF BENEFIT. All of the land and
90-26 other property included within the boundaries of the district will
91-1 benefit from the works and projects that are to be accomplished by
91-2 the district under powers conferred by Section 59, Article XVI,
91-3 Texas Constitution. The district is created to serve a public use
91-4 and benefit.
91-5 SECTION 3.0105. POWERS. Except as otherwise provided by
91-6 this part, the district has all of the rights, powers, privileges,
91-7 authority, functions, and duties provided by the general law of the
91-8 state, including Chapter 36, Water Code, applicable to groundwater
91-9 conservation districts created under Section 59, Article XVI, Texas
91-10 Constitution. This part prevails over any provision of general law
91-11 that is in conflict or inconsistent with this part.
91-12 SECTION 3.0106. ELECTION OF DIRECTORS. (a) The directors
91-13 of the district shall be elected according to the commissioners
91-14 precinct method as provided by this part.
91-15 (b) One director shall be elected by the qualified voters of
91-16 the entire district and one director shall be elected from each
91-17 county commissioners precinct by the qualified voters of that
91-18 precinct.
91-19 (c) A person shall indicate on the application for a place
91-20 on the ballot the precinct that the person seeks to represent or
91-21 that the person seeks to represent the district at large.
91-22 SECTION 3.0107. BOARD OF DIRECTORS. (a) The district is
91-23 governed by a board of five directors.
91-24 (b) A vacancy in the office of director shall be filled by
91-25 appointment of the board until the next election for directors. At
91-26 the next election for directors, a person shall be elected to fill
92-1 the position. If the position is not scheduled to be filled at the
92-2 election, the person elected to fill the position shall serve only
92-3 for the remainder of the unexpired term.
92-4 (c) To be eligible to serve as director from a county
92-5 commissioners precinct, a person must be a registered voter in the
92-6 precinct from which the person is elected or appointed. To be
92-7 eligible to serve as director at large, a person must be a
92-8 registered voter in the district.
92-9 SECTION 3.0108. TEMPORARY DIRECTORS. (a) The temporary
92-10 board of directors shall be appointed by the county commissioners
92-11 court. A temporary director will be appointed from each
92-12 commissioners precinct, and one temporary director will be a
92-13 director at large.
92-14 (b) If a temporary director fails to qualify for office, the
92-15 temporary directors who have qualified shall appoint a person to
92-16 fill the vacancy. If at any time there are fewer than three
92-17 qualified temporary directors, the Texas Natural Resource
92-18 Conservation Commission shall appoint the necessary number of
92-19 persons to fill all vacancies on the board.
92-20 SECTION 3.0109. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
92-21 (a) The temporary board of directors shall call and hold an
92-22 election to confirm establishment of the district and to elect five
92-23 initial directors.
92-24 (b) Section 41.001(a), Election Code, does not apply to a
92-25 confirmation and initial directors election held as provided by
92-26 this section.
93-1 (c) If a majority of the votes cast at the election favor
93-2 the creation of the district, the temporary directors shall declare
93-3 the district created. If a majority of the votes cast at the
93-4 election are against the creation of the district, the temporary
93-5 directors shall declare the district defeated. The temporary
93-6 directors shall file a copy of the election results with the Texas
93-7 Natural Resource Conservation Commission.
93-8 (d) If a majority of the votes cast at the election are
93-9 against the creation of the district, the temporary directors may
93-10 call and hold subsequent elections to confirm establishment of the
93-11 district and to elect initial directors. A subsequent election may
93-12 not be held earlier than the first anniversary of the date on which
93-13 the previous election was held. If the district is not created
93-14 before September 1, 2006, this part expires on that date.
93-15 (e) Section 36.017(a), Water Code, does not apply to the
93-16 district.
93-17 (f) Except as provided by this section, a confirmation and
93-18 directors election must be conducted as provided by Sections
93-19 36.017(b)-(h), Water Code, and the Election Code.
93-20 SECTION 3.0110. INITIAL DIRECTORS. (a) A person who wishes
93-21 to be a candidate for the office of initial director may file an
93-22 application with the temporary board of directors to have the
93-23 candidate's name printed on the ballot as provided by Section
93-24 3.0106 of this part.
93-25 (b) At the confirmation and initial directors election, the
93-26 temporary board of directors shall have the names of the five
94-1 persons serving as temporary directors placed on the ballot by
94-2 commissioners precinct and as at-large director, together with the
94-3 name of any candidate filing for the office of director as provided
94-4 by this section.
94-5 (c) If the district is created at the election, the
94-6 temporary directors, at the time the vote is canvassed, shall
94-7 declare the candidate receiving the most votes for each
94-8 commissioners precinct or for the at-large director to be elected
94-9 as the initial directors.
94-10 (d) The initial directors for Precincts 2 and 3 shall serve
94-11 as initial directors until the first regular meeting of the board
94-12 of directors held after the first permanent directors election
94-13 under Section 3.0112 of this part. The initial directors for
94-14 Precincts 1 and 4 and the initial director representing the
94-15 district at large shall serve as initial directors until the first
94-16 regular meeting of the board of directors held after the second
94-17 permanent directors election under Section 3.0112 of this part.
94-18 SECTION 3.0111. SERVICE OF DIRECTORS. (a) Temporary
94-19 directors serve until the temporary directors become initial
94-20 directors under Section 3.0110 of this part or until this part
94-21 expires under Section 3.0109 of this part, whichever occurs
94-22 earlier.
94-23 (b) Initial directors serve until permanent directors are
94-24 elected under Section 3.0112 of this part.
94-25 (c) Permanent directors serve staggered four-year terms.
94-26 (d) A director serves until the director's successor has
95-1 qualified.
95-2 (e) Each director must qualify to serve as director in the
95-3 manner provided by Section 36.055, Water Code.
95-4 SECTION 3.0112. ELECTION OF PERMANENT DIRECTORS. Beginning
95-5 in the second year after the year in which the district is
95-6 authorized to be created at a confirmation election, an election
95-7 shall be held in the district on the first Saturday in May every
95-8 two years to elect the appropriate number of directors to the
95-9 board.
95-10 SECTION 3.0113. ADDITIONAL AUTHORITY. (a) The district may
95-11 contract with one or more state agencies or other governmental
95-12 bodies, including a county, a river authority, or another district,
95-13 to carry out any function of the district.
95-14 (b) The district may require a drilling permit before a new
95-15 well is drilled or an existing well is substantially altered.
95-16 Notwithstanding an exemption for a well under Section 36.117, Water
95-17 Code, written authorization granted by the district must be
95-18 received before a new well is drilled or an existing well is
95-19 substantially altered.
95-20 (c) The district may participate in the construction,
95-21 implementation, and maintenance of best management practices for
95-22 water resource management in the district and may engage in and
95-23 promote the acceptance of best management practices through
95-24 education efforts sponsored by the district. Construction,
95-25 implementation, and maintenance of best management practices must
95-26 address water quantity and quality practices such as brush
96-1 management, prescribed grazing, recharge structures, water and silt
96-2 detention and retention structures, plugging of abandoned wells,
96-3 rainwater harvesting, and other treatment measures for the
96-4 conservation of water resources.
96-5 (d) Reasonable fees, as determined by the district, may be
96-6 imposed on an annual basis on each nonexempt well. The district
96-7 shall adopt any rules necessary for the assessment and collection
96-8 of fees under this subsection.
96-9 (e) The district may use money collected from fees:
96-10 (1) in any manner necessary for the management and
96-11 operation of the district;
96-12 (2) to pay all or part of the principal of and
96-13 interest on district bonds or notes; and
96-14 (3) for any purpose consistent with the district's
96-15 certified water management plan.
96-16 (f) The district shall grant an exemption or other relief
96-17 from ad valorem taxes on property on which a water conservation
96-18 initiative has been implemented. The district shall adopt rules to
96-19 implement this subsection. A retail public utility shall receive
96-20 the same exemption or relief from ad valorem taxes on property as
96-21 any other customer of the district would receive.
96-22 (g) As a water conservation initiative to encourage retail
96-23 public utilities to obtain water supplies from sources other than
96-24 groundwater, the district shall grant an exemption or other relief
96-25 from ad valorem taxes on property served by a retail public utility
96-26 based on (i) the percentage of potable water supplied within the
97-1 district by the retail public utility from sources other than
97-2 groundwater compared to the total water supplied by the retail
97-3 public utility for the preceding year and (ii) the percentage of
97-4 wastewater effluent produced by the retail public utility that is
97-5 used as reclaimed water within the district compared to the total
97-6 wastewater effluent produced by the retail public utility for the
97-7 preceding year. The district may consider the impact of floods
97-8 and equipment breakage on the retail public utility's ability to
97-9 supply water from sources other than groundwater. The total amount
97-10 of the exemption or other relief from ad valorem taxes shall not
97-11 exceed one-half of the tax levied by the district.
97-12 SECTION 3.0114. PROHIBITED ACTS. The district may not:
97-13 (1) impose an ad valorem property tax for
97-14 administrative, operation, or maintenance expenses that exceeds the
97-15 lesser of the rate approved by the majority of the qualified voters
97-16 voting in the election authorizing the tax, or three cents per $100
97-17 valuation;
97-18 (2) require the owner of a well used solely for
97-19 domestic or livestock purposes to install a meter or measuring
97-20 device on the well; or
97-21 (3) enter into any contract or engage in any action to
97-22 supply water to any person in the service area of any municipality
97-23 or retail public utility located in the district, except with the
97-24 consent of the municipality or retail public utility.
97-25 SECTION 3.0115. VALIDATION. An act or proceeding heretofore
97-26 taken by or on behalf of the district, as created and organized
98-1 under Chapter 1331, Acts of the 76th Legislature, Regular Session,
98-2 1999, is conclusively presumed, as of the date it occurred, to be
98-3 valid and to have occurred in accordance with all applicable laws,
98-4 and all actions are in all things validated, ratified, and
98-5 confirmed in all respects by this part.
98-6 PART 2. CROSSROADS GROUNDWATER CONSERVATION DISTRICT
98-7 SECTION 3.0201. RATIFICATION OF CREATION. The creation by
98-8 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999,
98-9 of the Crossroads Groundwater Conservation District in Victoria
98-10 County is ratified as required by Section 15(a) of that chapter,
98-11 subject to approval at a confirmation election under Section 3.0207
98-12 of this part. The district is a governmental agency and a body
98-13 politic and corporate.
98-14 SECTION 3.0202. DEFINITIONS. In this part:
98-15 (1) "District" means the Crossroads Groundwater
98-16 Conservation District.
98-17 (2) "Board" means the district's board of directors.
98-18 SECTION 3.0203. LEGISLATIVE FINDINGS. The legislature finds
98-19 that:
98-20 (1) the organization of the district is feasible and
98-21 practicable;
98-22 (2) all of the land to be included in, and the
98-23 residents of, the district will benefit from the creation of the
98-24 district;
98-25 (3) there is a public necessity for the district; and
98-26 (4) the creation of the district will provide a
99-1 benefit and utility to the public.
99-2 SECTION 3.0204. BOUNDARIES. The district is composed of all
99-3 the territory located within Victoria County.
99-4 SECTION 3.0205. APPLICATION OF CHAPTER 36, WATER CODE;
99-5 GENERAL POWERS AND DUTIES. Except to the extent of any conflict
99-6 with this part or as specifically limited by this part, the
99-7 district is governed by and subject to Chapter 36, Water Code, and
99-8 may exercise all of the powers contained in that chapter, including
99-9 the power to issue bonds and levy and collect taxes and the power
99-10 of eminent domain. The district may exercise all of the duties
99-11 provided by Chapter 36, Water Code.
99-12 SECTION 3.0206. TEMPORARY DIRECTORS. (a) On September 1,
99-13 2001, the following persons are designated as temporary directors
99-14 of the district:
99-15 (1) Place 1: Mark Dierlam
99-16 (2) Place 2: Rocky Sanders
99-17 (3) Place 3: S. F. Ruschhaupt III
99-18 (4) Place 4: Joseph Dial
99-19 (5) Place 5: Stephen Diebel
99-20 (6) Place 6: Jerry James
99-21 (7) Place 7: Denise McCue
99-22 (b) If a temporary director fails to qualify for office or
99-23 if a vacancy occurs in the office of temporary director for any
99-24 reason, the Victoria County Commissioners Court shall appoint
99-25 persons to fill vacancies in Places 1-4 and the city council of the
99-26 City of Victoria shall appoint persons to fill vacancies in Places
100-1 5-7.
100-2 (c) The temporary directors shall select from their members
100-3 persons to serve as chairman, vice chairman, and secretary.
100-4 (d) The temporary directors shall serve until they shall
100-5 have declared the district created, at which time they become the
100-6 initial directors of the district under Section 3.0208 of this
100-7 part.
100-8 (e) To be qualified to serve as a temporary director, a
100-9 person must be a resident of Victoria County and at least 18 years
100-10 of age.
100-11 SECTION 3.0207. CREATION ELECTION. (a) Not later than
100-12 October 1, 2001, and without the necessity of having a petition
100-13 presented, the temporary directors shall meet and call an election
100-14 to be held not later than January 1, 2002, within the boundaries of
100-15 the proposed district to approve the creation of the district.
100-16 (b) Section 41.001(a), Election Code, does not apply to an
100-17 election called under this section.
100-18 (c) The ballot for the election shall be printed to provide
100-19 for or against the following propositions:
100-20 (1) the creation of the Crossroads Groundwater
100-21 Conservation District in Victoria County; and
100-22 (2) the levy and collection of a property tax in the
100-23 district.
100-24 (d) The temporary board may include other propositions on
100-25 the ballot that it considers necessary.
100-26 (e) If a majority of votes cast at the election favor the
101-1 creation of the district, the temporary directors shall declare the
101-2 district created. If a majority of the votes cast at the election
101-3 are against the creation of the district, the temporary directors
101-4 shall declare the district defeated. The temporary directors shall
101-5 file a copy of the election results with the Texas Natural Resource
101-6 Conservation Commission.
101-7 (f) If the creation of the district is defeated, further
101-8 elections may be called and held after the first anniversary of the
101-9 most recent creation election. If the district is not created by
101-10 September 1, 2006, this part expires.
101-11 SECTION 3.0208. INITIAL DIRECTORS. (a) On approval of the
101-12 creation of the district under Section 3.0207 of this part, the
101-13 temporary directors become the initial directors of the district
101-14 and serve on the board for terms as provided by Subsection (b) of
101-15 this section; provided that within 60 days after the creation of
101-16 the district, the Victoria County Commissioners Court may replace
101-17 any director in Places 1-4 and the city council of the City of
101-18 Victoria may replace any director in Places 5-7.
101-19 (b) The persons serving as directors for Places 1, 3, 5, and
101-20 7 shall serve as directors for four years following the creation of
101-21 the district. The persons serving as directors for Places 2, 4,
101-22 and 6 shall serve as directors for two years following the creation
101-23 of the district.
101-24 (c) If, for any reason, an appointed director is not
101-25 qualified to take office at the first regular meeting of the board
101-26 following his or her appointment, the director for that place shall
102-1 continue to serve until a successor has qualified.
102-2 SECTION 3.0209. BOARD OF DIRECTORS. (a) The board of
102-3 directors of the district is composed of seven members.
102-4 (b) The directors shall select from their members persons to
102-5 serve as chairman, vice chairman, and secretary.
102-6 SECTION 3.0210. QUALIFICATIONS OF BOARD MEMBERS. To be
102-7 qualified for appointment as a director, a person must be a
102-8 resident of the district and must be at least 18 years of age.
102-9 SECTION 3.0211. TERM OF OFFICE. (a) Except for the
102-10 temporary and initial directors of the district, directors shall
102-11 serve for terms of four years.
102-12 (b) Upon the expiration of the terms of directors or any
102-13 vacancy during a term, the Victoria County Commissioners Court
102-14 shall appoint persons to serve in Places 1-4 and the city council
102-15 of the City of Victoria shall appoint persons to serve in Places
102-16 5-7.
102-17 (c) A vacancy in the office of director shall be filled by
102-18 appointment for the remainder of the term.
102-19 SECTION 3.0212. LIMITATION ON TAXATION. The district may
102-20 not impose an ad valorem tax at a rate that exceeds two cents on
102-21 the $100 valuation of taxable property in the district.
102-22 PART 3. HAYS TRINITY GROUNDWATER CONSERVATION DISTRICT
102-23 SECTION 3.0301. CREATION AND RATIFICATION. (a) A
102-24 groundwater conservation district to be known as the Hays Trinity
102-25 Groundwater Conservation District, created by Chapter 1331, Acts of
102-26 the 76th Legislature, Regular Session, 1999, in a portion of Hays
103-1 County, subject to approval at a confirmation election under
103-2 Section 10 of that chapter is hereby affirmed, ratified, and
103-3 validated by this part. The district is a governmental agency and
103-4 a body politic and corporate.
103-5 (b) The district is created under and is essential to
103-6 accomplish the purposes of Section 59, Article XVI, Texas
103-7 Constitution.
103-8 SECTION 3.0302. DEFINITION. In this part, "district" means
103-9 the Hays Trinity Groundwater Conservation District.
103-10 SECTION 3.0303. BOUNDARIES. The boundaries of the district
103-11 are coextensive with the boundaries of Hays County, Texas, save and
103-12 except any areas in Hays County which are currently within another
103-13 groundwater conservation district with the authority to require a
103-14 permit for the drilling or alteration of wells for the withdrawal
103-15 of groundwater. Within 30 days of its initial meeting and prior to
103-16 holding any confirmation election, the district shall cause a
103-17 description of its boundaries to be prepared and filed with the
103-18 county clerk of Hays County and the Texas Natural Resource
103-19 Conservation Commission.
103-20 SECTION 3.0304. FINDING OF BENEFIT. All of the land and
103-21 other property included within the boundaries of the district will
103-22 be benefited by the works and projects that are to be accomplished
103-23 by the district under powers conferred by Section 59, Article XVI,
103-24 Texas Constitution. The district is created to serve a public use
103-25 and benefit.
103-26 SECTION 3.0305. POWERS. (a) Except as provided by this
104-1 part, the district has all the rights, powers, privileges,
104-2 authority, functions, and duties provided by the general law of
104-3 this state, including Chapter 36, Water Code, applicable to
104-4 groundwater conservation districts created under Section 59,
104-5 Article XVI, Texas Constitution. Chapter 49, Water Code, does not
104-6 apply to the district. This part prevails over any provision of
104-7 general law that is in conflict or inconsistent with this part.
104-8 (b) The rights, powers, privileges, authority, functions,
104-9 and duties of the district are subject to the continuing right of
104-10 supervision of the state to be exercised by and through the Texas
104-11 Natural Resource Conservation Commission.
104-12 (c) The district has the power to limit the transfer of
104-13 groundwater out of the district, including the power to prohibit
104-14 the transfer.
104-15 (d) The district does not have authority to enter property
104-16 to inspect an exempt well without the property owner's permission.
104-17 (e) The Hays County Commissioners Court, by resolution, may
104-18 require an election to be conducted within six months to affirm or
104-19 reverse a decision of the board of directors of the district.
104-20 (f) The district shall not have the power to require well
104-21 construction standards for residential wells higher than state
104-22 standards for such wells.
104-23 SECTION 3.0306. EXEMPTIONS. (a) The following wells are
104-24 exempt from Chapter 36, Water Code, rules and shall not be
104-25 regulated, permitted, or metered by the district:
104-26 (1) a well used to satisfy the domestic needs of a
105-1 single private residential household and producing less than 25,000
105-2 gallons per day;
105-3 (2) a well used for conventional farming and ranching
105-4 activities, not to include intensive operations such as
105-5 aquaculture, livestock feedlots, and poultry operations.
105-6 (b) A well used for conventional farming and ranching
105-7 activities, not to include intensive operations such as
105-8 aquaculture, livestock feedlots, and poultry operations, is not
105-9 required to obtain construction authorization.
105-10 SECTION 3.0307. FISCAL RESPONSIBILITIES. (a) The district
105-11 shall each year cause a budget to be prepared showing the proposed
105-12 expenditures and disbursements and the estimated receipts and
105-13 collections for the following fiscal year and shall hold a public
105-14 hearing on the proposed budget after publication of a notice of
105-15 hearing in a newspaper of general circulation in the county at
105-16 least once not less than 10 days prior to the date set for the
105-17 hearing. Any person who is a taxpayer of the district shall have
105-18 the right to appear at the time and place designated in the notice
105-19 and be heard with reference to any item shown in the proposed
105-20 budget. The proposed budget shall also show the amount of revenues
105-21 expected to be collected during such fiscal year.
105-22 (b) At the written request of the Hays County Commissioners
105-23 Court, the county auditor shall audit the performance of the
105-24 district. The commissioners court may request a general audit of
105-25 the performance of the district or may request an audit of only one
105-26 or more particular duties, practices, functions, or other district
106-1 matters.
106-2 SECTION 3.0308. BOARD OF DIRECTORS. (a) A board of five
106-3 appointed directors governs the district.
106-4 (b) Directors must reside in the district.
106-5 (c) Each director must qualify to serve as director in the
106-6 manner provided by Section 36.055, Water Code.
106-7 (d) Directors serve staggered two-year terms.
106-8 (e) A director serves until the director's successor has
106-9 qualified.
106-10 (f) If there is a vacancy on the board, the commissioners
106-11 court shall appoint a director to serve the remainder of the term.
106-12 (g) The commissioners court shall appoint a director to
106-13 succeed a director on or before the date the director's term
106-14 expires.
106-15 (h) A director may not receive a salary or other
106-16 compensation for service as a director but may be reimbursed for
106-17 actual expenses of attending meetings at the rate in effect for
106-18 employees of Hays County.
106-19 SECTION 3.0309. APPOINTMENT AND TERMS OF INITIAL DIRECTORS.
106-20 Not later than the 31st day after the effective date of this part,
106-21 the Hays County Commissioners Court shall appoint:
106-22 (1) two directors to serve terms expiring February 1,
106-23 2003; and
106-24 (2) three directors to serve terms expiring February
106-25 1, 2004.
106-26 SECTION 3.0310. CONFIRMATION ELECTION. (a) The initial
107-1 board of directors shall call and hold an election to confirm
107-2 establishment of the district no later than the second Saturday in
107-3 May 2002.
107-4 (b) Section 41.001(a), Election Code, does not apply to a
107-5 confirmation election held as provided by this section.
107-6 (c) Except as provided by this section, a confirmation
107-7 election must be conducted as provided by Sections 36.017(b)-(h),
107-8 Water Code, and the Election Code.
107-9 (d) If the establishment of the district has not been
107-10 confirmed at an election held under this section before the second
107-11 anniversary of the effective date of this part, this part expires
107-12 on that date.
107-13 SECTION 3.0311. FUNDING AUTHORITY. (a) The district may
107-14 levy or collect a fee not to exceed $300 for construction
107-15 authorization for new wells completed after the effective date of
107-16 this bill, except as prohibited by Section 3.0306(b).
107-17 (b) The district may levy or collect a water utility service
107-18 connection fee not to exceed $300 for all new water service
107-19 connections made after the effective date of this part. This fee
107-20 may not be charged on connection fees to a water utility which has
107-21 surface water as its sole source of water.
107-22 PART 4. LONE WOLF GROUNDWATER CONSERVATION DISTRICT
107-23 SECTION 3.0401. RATIFICATION OF CREATION. The creation by
107-24 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999,
107-25 of the Lone Wolf Groundwater Conservation District in Mitchell
107-26 County is ratified as required by Section 15(a) of that chapter,
108-1 subject to approval at a confirmation election under Section 3.0407
108-2 of this part.
108-3 SECTION 3.0402. DEFINITION. In this part, "district" means
108-4 the Lone Wolf Groundwater Conservation District.
108-5 SECTION 3.0403. GENERAL POWERS. (a) The district has all
108-6 of the rights, powers, privileges, authority, functions, and duties
108-7 provided by the general law of the state, including Chapter 36,
108-8 Water Code, applicable to groundwater conservation districts
108-9 created under Section 59, Article XVI, Texas Constitution. This
108-10 part prevails over any provision of general law that is in conflict
108-11 or inconsistent with this part, including any provision of Chapter
108-12 1331, Acts of the 76th Legislature, Regular Session, 1999.
108-13 (b) Notwithstanding Subsection (a) of this section, the
108-14 following provisions prevail over a conflicting or inconsistent
108-15 provision of this part:
108-16 (1) Sections 36.1071-36.108, Water Code;
108-17 (2) Sections 36.159-36.161, Water Code; and
108-18 (3) Subchapter I, Chapter 36, Water Code.
108-19 SECTION 3.0404. BOARD OF DIRECTORS. (a) The district is
108-20 governed by a board of five directors.
108-21 (b) Temporary directors serve until initial directors are
108-22 elected under Section 3.0407 of this part.
108-23 (c) Initial directors serve until permanent directors are
108-24 elected under Section 3.0408 of this part.
108-25 (d) Permanent directors serve staggered four-year terms.
108-26 (e) Each director must qualify to serve as director in the
109-1 manner provided by Section 36.055, Water Code.
109-2 (f) A director serves until the director's successor has
109-3 qualified.
109-4 SECTION 3.0405. COMPENSATION OF DIRECTORS. A director is
109-5 not entitled to fees of office but is entitled to reimbursement of
109-6 actual expenses reasonably and necessarily incurred while engaging
109-7 in activities on behalf of the district.
109-8 SECTION 3.0406. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
109-9 PRECINCTS. (a) The directors of the district shall be elected
109-10 according to the commissioners precinct method as provided by this
109-11 section.
109-12 (b) One director shall be elected by the voters of the
109-13 entire district, and one director shall be elected from each county
109-14 commissioners precinct by the voters of that precinct.
109-15 (c) To be eligible to be a candidate for or to serve as
109-16 director at large, a person must be a registered voter in the
109-17 district. To be eligible to be a candidate for or to serve as
109-18 director from a county commissioners precinct, a person must be a
109-19 registered voter of that precinct.
109-20 (d) A person shall indicate on the application for a place
109-21 on the ballot:
109-22 (1) the precinct that the person seeks to represent;
109-23 or
109-24 (2) that the person seeks to represent the district at
109-25 large.
109-26 (e) At the first election after the county commissioners
110-1 precincts are redrawn under Section 18, Article V, Texas
110-2 Constitution, four new directors shall be elected to represent the
110-3 precincts. The directors elected shall draw lots to determine
110-4 which two directors serve two-year terms and which two directors
110-5 serve four-year terms.
110-6 SECTION 3.0407. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
110-7 (a) The temporary board of directors shall call and hold an
110-8 election to confirm establishment of the district and to elect
110-9 initial directors.
110-10 (b) At the confirmation and initial directors election, the
110-11 temporary board of directors shall have placed on the ballot the
110-12 name of any candidate filing for an initial director position and
110-13 blank spaces to write in the names of other persons. A temporary
110-14 director who is eligible to be a candidate under Section 3.0406 of
110-15 this part may file for an initial director position.
110-16 (c) Section 41.001(a), Election Code, does not apply to a
110-17 confirmation and initial directors election held as provided by
110-18 this section.
110-19 (d) Except as provided by this section, a confirmation and
110-20 initial directors election must be conducted as provided by Section
110-21 36.017(b)-(h), Water Code, and the Election Code.
110-22 SECTION 3.0408. ELECTION OF DIRECTORS. (a) On the first
110-23 Saturday in May of the first even-numbered year after the year in
110-24 which the district is authorized to be created at a confirmation
110-25 election, an election shall be held in the district for the
110-26 election of three directors to serve four-year terms and two
111-1 directors to serve two-year terms.
111-2 (b) On the first Saturday in May of each subsequent second
111-3 year following the election, the appropriate number of directors
111-4 shall be elected.
111-5 SECTION 3.0409. LIMITATION ON TAXATION. The district may
111-6 levy property taxes at a rate not to exceed 20 cents on each $100
111-7 of assessed valuation to pay any part of the bonds or notes issued
111-8 by the district if the authority to impose property taxes under
111-9 this part is approved by a majority of the voters voting at a
111-10 confirmation election under Section 3.0407 of this part or at a
111-11 separate election called for that purpose by the board of
111-12 directors.
111-13 SECTION 3.0410. VALIDATION. All past acts of the district
111-14 are validated and confirmed.
111-15 SECTION 3.0411. APPLICABILITY. Section 3.0410 of this part
111-16 does not apply to any matter that is the subject of litigation on
111-17 the effective date of this part.
111-18 SECTION 3.0412. EXPIRATION. If the creation of the district
111-19 is not confirmed at a confirmation election held under Section
111-20 3.0407 of this part before September 1, 2003, the district is
111-21 dissolved and this part expires on that date.
111-22 PART 5. LOST PINES GROUNDWATER CONSERVATION DISTRICT
111-23 SECTION 3.0501. RATIFICATION OF CREATION. The creation by
111-24 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999,
111-25 of the Lost Pines Groundwater Conservation District in Bastrop and
111-26 Lee counties is ratified as required by Section 15(a) of that
112-1 chapter, subject to approval at a confirmation election under
112-2 Section 3.0507 of this part.
112-3 SECTION 3.0502. DEFINITIONS. In this part:
112-4 (1) "District" means the Lost Pines Groundwater
112-5 Conservation District.
112-6 (2) "Public utility" means any person, corporation,
112-7 public utility, water supply or sewer service corporation,
112-8 municipality, political subdivision, or agency operating,
112-9 maintaining, or controlling facilities in the state for providing
112-10 potable water service for compensation.
112-11 SECTION 3.0503. BOUNDARIES. The boundaries of the district
112-12 are coextensive with the boundaries of Bastrop and Lee counties,
112-13 Texas.
112-14 SECTION 3.0504. POWERS. (a) The district has all of the
112-15 rights, powers, privileges, authority, functions, and duties
112-16 provided by the general law of the state, including Chapter 36,
112-17 Water Code, applicable to groundwater conservation districts
112-18 created under Section 59, Article XVI, Texas Constitution. This
112-19 part prevails over any provision of general law that is in conflict
112-20 or inconsistent with this part, including any provision of Chapter
112-21 1331, Acts of the 76th Legislature, Regular Session, 1999.
112-22 (b) Notwithstanding Subsection (a) of this section, the
112-23 following provisions prevail over a conflicting or inconsistent
112-24 provision of this part:
112-25 (1) Sections 36.1071-36.108, Water Code;
112-26 (2) Sections 36.159-36.161, Water Code; and
113-1 (3) Subchapter I, Chapter 36, Water Code.
113-2 (c) The district may not impose a tax. The district may
113-3 assess regulatory pumping fees for water produced in or exported
113-4 from the district. The regulatory pumping fees the district
113-5 assesses for water for crop or livestock production or other
113-6 agricultural uses may not exceed 20 percent of the rate applied to
113-7 water for municipal uses. Regulatory pumping fees based on the
113-8 amount of water withdrawn from a well may not exceed:
113-9 (1) $1 per acre-foot for water used for the purpose of
113-10 irrigating agricultural crops; or
113-11 (2) 17 cents per thousand gallons for water used for
113-12 any other purpose.
113-13 (d) The district may adopt a rule exempting a well that is
113-14 not capable of producing more than 50,000 gallons of groundwater a
113-15 day from a permit requirement, a fee, or a restriction on
113-16 production.
113-17 SECTION 3.0505. GROUNDWATER WELLS UNDER JURISDICTION OF
113-18 RAILROAD COMMISSION. (a) Groundwater wells drilled or operated
113-19 within the district under permits issued by the Railroad Commission
113-20 of Texas are under the exclusive jurisdiction of the commission and
113-21 are exempt from regulation by the district.
113-22 (b) Groundwater produced in an amount authorized by a
113-23 railroad commission permit may be used within or exported from the
113-24 district without obtaining a permit from the district.
113-25 (c) To the extent groundwater production exceeds railroad
113-26 commission authorization, the holder of the commission permit shall
114-1 apply to the district for appropriate permits for the excess
114-2 production and shall be subject to the applicable regulatory fees.
114-3 (d) Groundwater produced from wells under the jurisdiction
114-4 of the railroad commission is generally exempt from water district
114-5 fees. However, the district may impose either a pumping fee or an
114-6 export fee on groundwater produced from an otherwise exempt mine
114-7 well that is used for municipal purposes or by a public utility.
114-8 Any fee imposed by the district under this subsection may not
114-9 exceed the fee imposed on other groundwater producers in the
114-10 district.
114-11 SECTION 3.0506. BOARD OF DIRECTORS. (a) The district is
114-12 governed by a board of 10 directors.
114-13 (b) Five directors shall be appointed from Bastrop County by
114-14 the county judge of Bastrop County and five directors shall be
114-15 appointed from Lee County by the county judge of Lee County.
114-16 (c) Temporary directors serve until their successors are
114-17 appointed and have qualified.
114-18 (d) The temporary directors shall draw lots to determine:
114-19 (1) which three directors from each county will serve
114-20 four-year terms that expire December 31, 2005; and
114-21 (2) which two directors from each county will serve
114-22 two-year terms that expire December 31, 2003.
114-23 (e) In each subsequent second year following the initial
114-24 appointment of directors, the appropriate number of directors shall
114-25 be appointed.
114-26 (f) Except as provided by Subsection (d) of this section,
115-1 directors serve staggered four-year terms.
115-2 (g) Directors may serve consecutive terms.
115-3 (h) Each director must qualify to serve as director in the
115-4 manner provided by Section 36.055, Water Code.
115-5 (i) A director serves until the director's successor has
115-6 qualified.
115-7 (j) If a vacancy occurs on the board of directors, the board
115-8 may appoint a director to serve the remainder of the term.
115-9 (k) A director may receive fees of office as provided by
115-10 Section 36.060, Water Code, and is entitled to reimbursement for
115-11 reasonable actual expenses incurred in performing duties as a
115-12 director.
115-13 SECTION 3.0507. INITIAL MEETING AND CONFIRMATION ELECTION.
115-14 (a) As soon as practicable after September 1, 2001, the temporary
115-15 board of directors shall meet to set the date for and call the
115-16 confirmation election. The directors shall hold the meeting in
115-17 conjunction with the regularly scheduled meeting of the directors.
115-18 (b) The election shall be held on the authorized election
115-19 date in November if the United States Department of Justice has
115-20 precleared this part by that time. If this part has not been
115-21 precleared by the November election date, the confirmation election
115-22 shall be held at the next authorized election date. The district
115-23 shall contract with the county clerks of Bastrop and Lee counties
115-24 to conduct the election.
115-25 (c) Except as provided by this section, the confirmation
115-26 election must be conducted as provided by Sections 36.017 and
116-1 36.018, Water Code, and the Election Code.
116-2 (d) If a majority of the votes cast at an election held
116-3 under this section is against the confirmation of the district, the
116-4 temporary directors may not call another election under this
116-5 section before the first anniversary of that election.
116-6 SECTION 3.0508. STATUTORY INTERPRETATION. Except as
116-7 otherwise provided by this part, if there is a conflict between
116-8 this part and Chapter 36, Water Code, this part controls.
116-9 SECTION 3.0509. REGIONAL COOPERATION. The district shall:
116-10 (1) adopt a management plan detailing proposed efforts
116-11 of the district to cooperate with other groundwater conservation
116-12 districts;
116-13 (2) participate as needed in coordination meetings
116-14 with adjacent groundwater conservation districts that share one or
116-15 more aquifers with the district;
116-16 (3) coordinate the collection of data with adjacent
116-17 groundwater conservation districts in such a way as to achieve
116-18 relative uniformity of data type and quality;
116-19 (4) provide groundwater level information to adjacent
116-20 groundwater conservation districts;
116-21 (5) investigate any groundwater pollution to identify
116-22 the pollution's source;
116-23 (6) notify adjacent groundwater conservation districts
116-24 and all appropriate agencies of any groundwater pollution detected
116-25 and the source of pollution identified;
116-26 (7) provide to adjacent groundwater conservation
117-1 districts annually an inventory of water wells in the district and
117-2 an estimate of groundwater production within the district; and
117-3 (8) include adjacent groundwater conservation
117-4 districts on mailing lists for district newsletters and information
117-5 regarding seminars, public education events, news articles, and
117-6 field days.
117-7 SECTION 3.0510. EXPIRATION. If the creation of this
117-8 district is not confirmed at a confirmation election held under
117-9 Section 3.0507 of this part before September 1, 2005, this part
117-10 expires on that date.
117-11 PART 6. MCMULLEN GROUNDWATER CONSERVATION DISTRICT
117-12 SECTION 3.0601. RATIFICATION OF CREATION. The creation by
117-13 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999,
117-14 of the McMullen Groundwater Conservation District in McMullen
117-15 County is ratified as required by Section 15(a) of that chapter,
117-16 subject to approval at a confirmation election under Section 3.0607
117-17 of this part.
117-18 SECTION 3.0602. DEFINITION. In this part, "district" means
117-19 the McMullen Groundwater Conservation District.
117-20 SECTION 3.0603. BOUNDARIES. The boundaries of the district
117-21 are coextensive with the boundaries of McMullen County.
117-22 SECTION 3.0604. GENERAL POWERS. (a) The district has all
117-23 of the rights, powers, privileges, authority, functions, and duties
117-24 provided by the general law of the state, including Chapter 36,
117-25 Water Code, applicable to groundwater conservation districts
117-26 created under Section 59, Article XVI, Texas Constitution. This
118-1 part prevails over any provision of general law that is in conflict
118-2 or inconsistent with this part, including any provision of Chapter
118-3 1331, Acts of the 76th Legislature, Regular Session, 1999.
118-4 (b) The rights, powers, privileges, authority, functions,
118-5 and duties of the district are subject to the continuing right of
118-6 supervision of the state to be exercised by and through the Texas
118-7 Natural Resource Conservation Commission.
118-8 (c) Notwithstanding Subsection (a) of this section, the
118-9 following provisions prevail over a conflicting or inconsistent
118-10 provision in this part:
118-11 (1) Sections 36.1071-36.108, Water Code;
118-12 (2) Sections 36.159-36.161, Water Code; and
118-13 (3) Subchapter I, Chapter 36, Water Code.
118-14 SECTION 3.0605. BOARD OF DIRECTORS. (a) The district is
118-15 governed by a board of five directors.
118-16 (b) Temporary directors serve until initial directors are
118-17 elected under Section 3.0607 of this part.
118-18 (c) Initial directors serve until permanent directors are
118-19 elected under Section 3.0608 of this part.
118-20 (d) Permanent directors serve staggered four-year terms.
118-21 (e) Each director must qualify to serve as director in the
118-22 manner provided by Section 36.055, Water Code.
118-23 (f) A person is not eligible to serve as an initial or
118-24 permanent director unless the person owns land in the district.
118-25 (g) A director serves until the director's successor has
118-26 qualified.
119-1 (h) If there is a vacancy on the board, the remaining
119-2 directors shall appoint a director to serve the remainder of the
119-3 term.
119-4 SECTION 3.0606. METHOD OF ELECTING DIRECTORS. (a) The
119-5 directors of the district shall be elected according to the
119-6 commissioners precinct method as provided by this section.
119-7 (b) One director shall be elected by the voters of the
119-8 entire district and one director shall be elected from each county
119-9 commissioners precinct by the voters of that precinct.
119-10 (c) To be qualified as a candidate for or to serve as
119-11 director at large, a person must be a registered voter in the
119-12 district. To be a candidate for or to serve as director from a
119-13 county commissioners precinct, a person must be a registered voter
119-14 of that precinct.
119-15 (d) A person shall indicate on the application for a place
119-16 on the ballot:
119-17 (1) the precinct that the person seeks to represent;
119-18 or
119-19 (2) that the person seeks to represent the district at
119-20 large.
119-21 (e) At the first election after the county commissioners
119-22 precincts are redrawn under Section 18, Article V, Texas
119-23 Constitution, four new directors shall be elected to represent the
119-24 newly redrawn precincts. The directors elected shall draw lots to
119-25 determine which two newly elected directors serve two-year terms
119-26 and which two directors serve four-year terms.
120-1 SECTION 3.0607. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
120-2 (a) The temporary board of directors shall call and hold an
120-3 election to confirm establishment of the district and to elect
120-4 initial directors.
120-5 (b) At the confirmation and initial directors election, the
120-6 temporary board of directors shall have placed on the ballot the
120-7 names of the persons serving as temporary directors who intend to
120-8 run for an initial director position and are qualified to be a
120-9 candidate under Section 3.0606 of this part together with the name
120-10 of any candidate filing for an initial director position and blank
120-11 spaces to write in the names of other persons.
120-12 (c) If the district is created at the election, the
120-13 temporary board of directors, at the time the vote is canvassed,
120-14 shall:
120-15 (1) declare the qualified person who receives the most
120-16 votes for each position to be elected as the initial director for
120-17 that position; and
120-18 (2) include the results of the initial directors
120-19 election in the district's election report to the Texas Natural
120-20 Resource Conservation Commission.
120-21 (d) Section 41.001(a), Election Code, does not apply to a
120-22 confirmation and initial directors election held as provided by
120-23 this section.
120-24 (e) Except as provided by this section, a confirmation and
120-25 initial directors election must be conducted as provided by
120-26 Sections 36.017(b)-(h), Water Code, and the Election Code.
121-1 (f) If a majority of the votes cast at an election held
121-2 under this section is against the confirmation of the district, the
121-3 temporary directors may not call another election under this
121-4 section before the first anniversary of that election.
121-5 SECTION 3.0608. ELECTION OF PERMANENT DIRECTORS. (a) On
121-6 the first Saturday in October of the second year after the year in
121-7 which the district is authorized to be created at a confirmation
121-8 election, an election shall be held in the district for the
121-9 election of directors from county commissioners precincts one and
121-10 three, each of whom serves a two-year term, and directors from
121-11 county commissioners precincts two and four and the director at
121-12 large, each of whom serves a four-year term.
121-13 (b) On the first Saturday in October of each subsequent
121-14 second year following the election, the appropriate number of
121-15 directors shall be elected to the board, each of whom serves a
121-16 four-year term.
121-17 SECTION 3.0609. LIMITATION ON TAXATION. The district may
121-18 not impose an ad valorem tax at a rate that exceeds five cents on
121-19 the $100 valuation of taxable property in the district.
121-20 SECTION 3.0610. STATUTORY INTERPRETATION. Except as
121-21 otherwise provided by this part, if there is a conflict between
121-22 this part and Chapter 36, Water Code, this part controls.
121-23 SECTION 3.0611. EXPIRATION. If the creation of the district
121-24 is not confirmed at a confirmation election held under Section
121-25 3.0607 of this part before September 1, 2003, this part expires on
121-26 that date.
122-1 PART 7. MIDDLE PECOS GROUNDWATER CONSERVATION DISTRICT
122-2 SECTION 3.0701. RATIFICATION OF CREATION. The creation by
122-3 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999,
122-4 of the Middle Pecos Groundwater Conservation District in Pecos
122-5 County is ratified, as required by Section 15(a) of that chapter,
122-6 subject to approval at a confirmation election under Section 3.0707
122-7 of this part.
122-8 SECTION 3.0702. DEFINITION. In this part, "district" means
122-9 the Middle Pecos Groundwater Conservation District.
122-10 SECTION 3.0703. BOUNDARIES. The boundaries of the district
122-11 are coextensive with the boundaries of Pecos County.
122-12 SECTION 3.0704. GENERAL POWERS. (a) The district has all
122-13 of the rights, powers, privileges, authority, functions, and duties
122-14 provided by the general law of this state, including Chapter 36,
122-15 Water Code, applicable to groundwater conservation districts
122-16 created under Section 59, Article XVI, Texas Constitution. This
122-17 part prevails over any provision of general law that is in conflict
122-18 or inconsistent with this part, including any provision of Chapter
122-19 1331, Acts of the 76th Legislature, Regular Session, 1999.
122-20 (b) Notwithstanding Subsection (a) of this section, the
122-21 following provisions prevail over a conflicting or inconsistent
122-22 provision of this part:
122-23 (1) Sections 36.1071-36.108, Water Code;
122-24 (2) Sections 36.159-36.161, Water Code; and
122-25 (3) Subchapter I, Chapter 36, Water Code.
122-26 (c) Section 36.121, Water Code, does not apply to the
123-1 district.
123-2 (d) The rights, powers, privileges, authority, functions,
123-3 and duties of the district are not subject to the continuing right
123-4 of supervision of the state through the Texas Natural Resource
123-5 Conservation Commission.
123-6 SECTION 3.0705. BOARD OF DIRECTORS. (a) The district is
123-7 governed by a board of 11 directors.
123-8 (b) Temporary directors serve until initial directors are
123-9 elected under Section 3.0707 of this part.
123-10 (c) Initial directors serve until permanent directors are
123-11 elected under Section 3.0708 of this part.
123-12 (d) Permanent directors serve staggered four-year terms.
123-13 (e) Each director must qualify to serve as director in the
123-14 manner provided by Section 36.055, Water Code.
123-15 (f) A director serves until the director's successor has
123-16 qualified.
123-17 (g) If there is a vacancy on the board, the remaining
123-18 directors shall appoint a director to serve the remainder of the
123-19 term. If at any time there are fewer than three qualified
123-20 directors, the Pecos County Commissioners Court shall appoint the
123-21 necessary number of persons to fill all the vacancies on the board.
123-22 (h) A director may not receive a salary or other
123-23 compensation for service as a director but may be reimbursed for
123-24 actual expenses of attending meetings at the rate in effect for
123-25 employees of Pecos County.
123-26 SECTION 3.0706. METHOD OF ELECTING DIRECTORS. (a) The
124-1 directors of the district shall be elected according to the method
124-2 provided by this section.
124-3 (b) One director shall be elected by the qualified voters of
124-4 the entire district, two directors shall be elected from each
124-5 county commissioners precinct by the qualified voters of that
124-6 precinct, one director shall be elected from the city of Iraan by
124-7 the qualified voters of that city, and one director shall be
124-8 elected from the city of Fort Stockton by the qualified voters of
124-9 that city.
124-10 (c) To be qualified to be a candidate for or to serve as a
124-11 director at large, a person must be a registered voter in the
124-12 district. To be a candidate for or to serve as director from a
124-13 county commissioners precinct or a city, a person must be a
124-14 registered voter of that precinct or city, as applicable.
124-15 (d) A person shall indicate on the application for a place
124-16 on the ballot:
124-17 (1) the precinct or city that the person seeks to
124-18 represent; or
124-19 (2) that the person seeks to represent the district at
124-20 large.
124-21 (e) At the first election after the county commissioners
124-22 precincts are redrawn under Section 18, Article V, Texas
124-23 Constitution, eight new directors shall be elected to represent the
124-24 precincts. The directors elected shall draw lots to determine
124-25 which four directors serve two-year terms and which four directors
124-26 serve four-year terms.
125-1 SECTION 3.0707. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
125-2 (a) The temporary board of directors shall call and hold an
125-3 election to confirm establishment of the district and to elect
125-4 initial directors.
125-5 (b) At the confirmation and initial directors election, the
125-6 temporary board of directors shall have placed on the ballot the
125-7 name of any candidate filing for an initial director position and
125-8 blank spaces to write in the names of other persons. A temporary
125-9 director who is qualified to be a candidate under Sections 3.0705
125-10 and 3.0706 of this part may file for an initial director position.
125-11 (c) Section 41.001(a), Election Code, does not apply to a
125-12 confirmation and initial directors election held as provided by
125-13 this section.
125-14 (d) Except as provided by this section, a confirmation and
125-15 initial directors election must be conducted as provided by
125-16 Sections 36.017(b)-(h), Water Code, and the Election Code.
125-17 (e) The elected initial directors shall draw lots to
125-18 determine their terms. One director from each county commissioners
125-19 precinct and the director from the district at large serve terms
125-20 that expire on the date of the first election held under Section
125-21 3.0708 of this part. The remaining directors serve terms that
125-22 expire on the date of the second election held under Section 3.0708
125-23 of this part.
125-24 (f) If the majority of the votes cast at an election held
125-25 under this section is against the confirmation of the district, the
125-26 temporary directors may call another election under this section
126-1 not later than August 31, 2003.
126-2 SECTION 3.0708. ELECTION OF DIRECTORS. On the first
126-3 Saturday in May of the first even-numbered year after the year in
126-4 which the district is authorized to be created at a confirmation
126-5 election and on the first Saturday in May of each subsequent second
126-6 year, an election shall be held in the district to elect the
126-7 appropriate number of directors.
126-8 SECTION 3.0709. EXPIRATION. If the creation of the district
126-9 is not confirmed at a confirmation election held under Section
126-10 3.0707 of this part before September 1, 2003, the district is
126-11 dissolved and this part expires on that date.
126-12 PART 8. RED SANDS GROUNDWATER CONSERVATION DISTRICT
126-13 SECTION 3.0801. RATIFICATION OF CREATION. The creation by
126-14 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999,
126-15 of the Red Sands Groundwater Conservation District in Hidalgo
126-16 County is ratified as required by Section 15(a) of that chapter,
126-17 subject to approval at a confirmation election under Section 3.0808
126-18 of this part.
126-19 SECTION 3.0802. DEFINITION. In this part, "district" means
126-20 the Red Sands Groundwater Conservation District.
126-21 SECTION 3.0803. BOUNDARIES. The district includes all of
126-22 the territory contained in the following described area:
126-23 A 19,232 acre tract more or less out of San Salvador Del Tule Grant
126-24 as recorded in Volume 10, Page 58 of the Hidalgo County, Texas map
126-25 records and out of the Santa Anita Grant as recorded in Volume 7,
126-26 Page 38 of the Hidalgo County, Texas map records.
127-1 Commencing at the Southeast Corner of this here in described
127-2 boundary tract, said point being the intersection of the centerline
127-3 of U.S. Highway 281 and the centerline of Farm to Market Road
127-4 number 490 (F.M. 490) (West Hargill Road) as shown in the map of
127-5 San Salvador Del Tule Grant as recorded in Volume 10, Page 58 of
127-6 the Hidalgo County map records. Said point is also the point of
127-7 beginning.
127-8 Thence, Westerly along the center line of the F.M. 490, an
127-9 approximate distance of 18,400 feet to a point on the West line of
127-10 San Salvador Del Tule Grant, said point also being the intersection
127-11 of the centerline of F.M. 490 and the West line of the San Salvador
127-12 Del Tule Grant,
127-13 Thence, Northerly along the West line of the San Salvador Del Tule
127-14 Grant and the East line of the Santa Anita Grant at an approximate
127-15 distance of 21,300 feet to a point, said point being an inside
127-16 corner of this herein described tract, and also being the Southeast
127-17 corner of Redland Vineyards Subdivision as recorded in Volume 4,
127-18 Page 51 of the Hidalgo County map records,
127-19 Thence, Westerly along the South line of the Redland Vineyards
127-20 Subdivision, an approximate distance of 4,238 feet to a point, said
127-21 point being an outside corner of this herein described tract, said
127-22 point also being the Southwest corner of the Redland Vineyard
127-23 Subdivision,
127-24 Thence, Northerly with the West line of Redland Vineyards
127-25 Subdivision, at approximately 4,590.50 feet past a point, said
127-26 point being the Northwest corner of Redland Vineyard Subdivision,
128-1 and the Southwest corner of Delbridge Subdivision as recorded in
128-2 Volume 5, Page 11, Hidalgo County map records, and continuing
128-3 Northerly along the West line of Delbridge Subdivision for an
128-4 approximate total distance of 6,646 feet to a point, said point
128-5 being an inside corner of this herein described tract, and also
128-6 being the Northwest corner of Delbridge Subdivision,
128-7 Thence, Westerly along the South line of a 196.37 acres tract,
128-8 known as the A.B. De Kock Tract, an approximate distance of 3,500
128-9 feet past the Southeast corner of share 4, out of the 8,374.70 acre
128-10 tract partition out of the Santa Anita Grant as recorded in Volume
128-11 7, Page 38, in the Hidalgo County map records and continuing
128-12 Westerly for an approximate total distance of 6,500 feet to a
128-13 point, said point being an outside corner of this herein described
128-14 tract and also being the Southwest corner of share 4,
128-15 Thence, Northerly along the West line of share 4, an approximate
128-16 total distance of 19,143 feet to a point, said point being the
128-17 Northwest corner of this herein described tracts and, the
128-18 intersection of the West line of share 4 and the centerline of Farm
128-19 to Market Road number 1017, (F.M. 1017)
128-20 Thence, in a Southeasterly direction, with the Right-of-Way
128-21 centerline of Farm to Market Road number 1017 (F.M. 1017) an
128-22 approximate total distance of 27,800 feet to a point, said point
128-23 being the Northeast corner of this herein described tract, and also
128-24 being the intersection of the centerline of F.M. 1017 Right-of-Way
128-25 and the center line of the U.S. Highway 281 Right-Of-Way,
128-26 Thence, in a Southerly direction, with the centerline of U.S.
129-1 Highway 281 Right-Of-Way, an approximate distance of 7,500 feet
129-2 past Floral Road, and at approximate 21,700 feet past Red Gate Road
129-3 and at approximate 29,700 feet past Laguna Seca Road and for an
129-4 approximate total distance of 39,300 feet to the point of beginning
129-5 of this here in described tract, said tract contains 19,232 Acres,
129-6 More or Less.
129-7 SECTION 3.0804. FINDINGS RELATIVE TO BOUNDARIES. The
129-8 legislature finds that the boundaries and field notes of the
129-9 district form a closure. A mistake in the field notes or in the
129-10 copying of the field notes in the legislative process does not
129-11 affect the organization, existence, or validity of the district,
129-12 the right of the district to levy and collect taxes, or the
129-13 legality or operation of the district or its governing body.
129-14 SECTION 3.0805. GENERAL POWERS. (a) Except as provided by
129-15 this part, the district has all of the rights, powers, privileges,
129-16 authority, functions, and duties provided by the general law of the
129-17 state, including Chapter 36, Water Code, applicable to groundwater
129-18 conservation districts created under Section 59, Article XVI, Texas
129-19 Constitution. This part prevails over any provision of general law
129-20 that is in conflict or inconsistent with this part, including any
129-21 provision of Chapter 1331, Acts of the 76th Legislature, Regular
129-22 Session, 1999.
129-23 (b) The rights, powers, privileges, authority, functions,
129-24 and duties of the district are subject to the continuing right of
129-25 supervision of the state, to be exercised by and through the Texas
129-26 Natural Resource Conservation Commission.
130-1 (c) Chapter 49, Water Code, does not apply to the district.
130-2 (d) Notwithstanding Subsection (a) of this section, the
130-3 following provisions prevail over a conflicting or inconsistent
130-4 provision in this part:
130-5 (1) Sections 36.1071-36.108, Water Code;
130-6 (2) Sections 36.159-36.161, Water Code; and
130-7 (3) Subchapter I, Chapter 36, Water Code.
130-8 SECTION 3.0806. BOARD OF DIRECTORS. (a) The district is
130-9 governed by a board of five directors, each elected at large to one
130-10 of five numbered places.
130-11 (b) To qualify to serve as a director for places one through
130-12 four, an individual must own real property in and reside in the
130-13 district. An individual serving as a director for place five must
130-14 own real property in the district but is not required to reside in
130-15 the district.
130-16 (c) Each director must qualify to serve as director in the
130-17 manner provided by Section 36.055, Water Code.
130-18 (d) Permanent directors serve staggered three-year terms.
130-19 (e) A director serves until the director's successor has
130-20 qualified.
130-21 (f) A vacancy in the office of director shall be filled by
130-22 appointment of the board of directors until the next election of
130-23 directors, at which election a person shall be elected to fill the
130-24 position. If the position is not scheduled to be filled at the
130-25 election, the person elected to fill the position shall serve only
130-26 for the remainder of the unexpired term.
131-1 (g) An appointed director who is qualified to serve as a
131-2 director under Subsection (b) of this section is eligible to run
131-3 for election to the board of directors.
131-4 SECTION 3.0807. TEMPORARY DIRECTORS. (a) The temporary
131-5 board of directors is composed of:
131-6 (1) Lucas Hinojosa;
131-7 (2) Becky Guerra;
131-8 (3) Arcadio Guerra;
131-9 (4) Elizabeth Ann Sweet; and
131-10 (5) John Cozad.
131-11 (b) The temporary directors are not required to meet the
131-12 eligibility requirements of permanent directors.
131-13 (c) Temporary directors serve until permanent directors are
131-14 elected at the confirmation election under Section 3.0808 of this
131-15 part.
131-16 SECTION 3.0808. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
131-17 (a) The temporary board of directors shall call and hold an
131-18 election to confirm establishment of the district and to elect
131-19 initial directors.
131-20 (b) At the confirmation and initial directors election, the
131-21 temporary board of directors shall have placed on the ballot the
131-22 names of the candidates for each of the five numbered positions and
131-23 blank spaces to write in the names of other persons. Names on the
131-24 ballot may include persons serving as temporary directors who
131-25 intend to run for an initial director position together with the
131-26 name of any candidate filing for an initial director position.
132-1 (c) If a majority of the votes cast at the election are in
132-2 favor of the creation of the district, the temporary board of
132-3 directors shall declare the district created. If a majority of the
132-4 votes cast at the election are against the creation of the
132-5 district, the temporary board of directors shall declare the
132-6 district defeated. The temporary board of directors shall file a
132-7 copy of the election results with the Texas Natural Resource
132-8 Conservation Commission.
132-9 (d) If a majority of the votes cast at the election are
132-10 against the creation of the district, the temporary board of
132-11 directors may not call another election under this section before
132-12 the first anniversary of the date of the election.
132-13 (e) If the creation of the district is confirmed at the
132-14 election, the temporary board of directors, at the time the vote is
132-15 canvassed, shall:
132-16 (1) declare the qualified person who receives the most
132-17 votes for each position to be elected as the initial director for
132-18 that position; and
132-19 (2) include the results of the initial directors
132-20 election in the district's election report to the Texas Natural
132-21 Resource Conservation Commission.
132-22 (f) The initial directors shall draw lots to determine their
132-23 terms so that:
132-24 (1) one director serves a one-year term that expires
132-25 on the anniversary of the date the initial directors were elected;
132-26 (2) two directors serve two-year terms that expire on
133-1 the anniversary of the date the initial directors were elected; and
133-2 (3) two directors serve three-year terms that expire
133-3 on the anniversary of the date the initial directors were elected.
133-4 (g) Section 41.001(a), Election Code, does not apply to a
133-5 confirmation and initial directors election held as provided by
133-6 this section.
133-7 (h) Except as provided by this section, a confirmation
133-8 election must be conducted as provided by Sections 36.017(b)-(h),
133-9 Water Code, and the Election Code.
133-10 SECTION 3.0809. ELECTION OF PERMANENT DIRECTORS. Beginning
133-11 in the first year after the year in which the district is
133-12 authorized to be created at a confirmation election, the board of
133-13 directors shall call an election to be held in the district on the
133-14 first Saturday of the month in which the initial directors were
133-15 elected under Section 3.0808 of this part and every year after that
133-16 date to elect the appropriate number of directors to the board.
133-17 SECTION 3.0810. ELIGIBLE DISTRICT VOTERS. (a) Any person
133-18 qualified to vote under the Election Code who resides in the
133-19 district is eligible to vote in district elections.
133-20 (b) Notwithstanding Subsection (a) of this section,
133-21 nonresidents of the district who own real property in the district
133-22 are eligible to vote in district elections.
133-23 SECTION 3.0811. TAXATION AUTHORITY. (a) The board of
133-24 directors shall impose taxes in accordance with the procedures
133-25 under Subchapter G, Chapter 36, Water Code.
133-26 (b) Notwithstanding Section 36.201, Water Code, the board of
134-1 directors may annually impose an ad valorem tax at a rate not to
134-2 exceed two cents on each $100 of assessed valuation unless a higher
134-3 rate is approved by a majority of the voters of the district voting
134-4 at an election called and held for that purpose.
134-5 SECTION 3.0812. TRANSPORTATION OF GROUNDWATER. (a) The
134-6 board of directors may adopt rules as provided by Section 36.122,
134-7 Water Code, requiring a permit to transport district groundwater
134-8 outside the district. The board of directors shall authorize the
134-9 transportation of groundwater for use outside the district if the
134-10 board determines that the use is in the public interest. The board
134-11 of directors may:
134-12 (1) designate uses of water that are in the public
134-13 interest; and
134-14 (2) establish criteria for permits issued under the
134-15 rules.
134-16 (b) Transportation projects for the use of groundwater
134-17 outside the district that began before September 1, 2001, may
134-18 continue without a permit if the use of groundwater is on land
134-19 contiguous to the district's boundaries and is for domestic or
134-20 livestock purposes.
134-21 SECTION 3.0813. EXPIRATION. If the creation of the district
134-22 is not confirmed at a confirmation election held under Section
134-23 3.0808 of this part before September 1, 2003, this part expires on
134-24 that date.
134-25 PART 9. REFUGIO GROUNDWATER CONSERVATION DISTRICT
134-26 SECTION 3.0901. RATIFICATION OF CREATION. The creation by
135-1 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999,
135-2 of the Refugio Groundwater Conservation District in Refugio County
135-3 is ratified, as required by Section 15(a) of that chapter, subject
135-4 to approval at a confirmation election under Section 3.0907 of this
135-5 part.
135-6 SECTION 3.0902. DEFINITION. In this part, "district" means
135-7 the Refugio Groundwater Conservation District.
135-8 SECTION 3.0903. BOUNDARIES. The boundaries of the district
135-9 are coextensive with the boundaries of Refugio County.
135-10 SECTION 3.0904. GENERAL POWERS. (a) The district has all
135-11 of the rights, powers, privileges, authority, functions, and duties
135-12 provided by the general law of this state, including Chapter 36,
135-13 Water Code, applicable to groundwater conservation districts
135-14 created under Section 59, Article XVI, Texas Constitution. This
135-15 part prevails over any provision of general law that is in conflict
135-16 or inconsistent with this part, including any provision of Chapter
135-17 1331, Acts of the 76th Legislature, Regular Session, 1999.
135-18 (b) Notwithstanding Subsection (a) of this section, the
135-19 following provisions prevail over a conflicting or inconsistent
135-20 provision of this part:
135-21 (1) Sections 36.1071-36.108, Water Code;
135-22 (2) Sections 36.159-36.161, Water Code; and
135-23 (3) Subchapter I, Chapter 36, Water Code.
135-24 SECTION 3.0905. BOARD OF DIRECTORS. (a) The district is
135-25 governed by a board of five directors.
135-26 (b) Temporary directors serve until initial directors are
136-1 elected under Section 3.0907 of this part.
136-2 (c) Initial directors serve until permanent directors are
136-3 elected under Section 3.0908 of this part.
136-4 (d) Permanent directors serve staggered four-year terms.
136-5 (e) Each director must qualify to serve as director in the
136-6 manner provided by Section 36.055, Water Code.
136-7 (f) A director serves until the director's successor has
136-8 qualified.
136-9 (g) If a director fails to qualify for office or if there is
136-10 at any time a vacancy on the temporary board of directors, the
136-11 commissioners court shall appoint a person to fill the vacancy.
136-12 SECTION 3.0906. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
136-13 PRECINCTS. (a) The directors of the district shall be elected
136-14 according to the commissioners precinct method as provided by this
136-15 section.
136-16 (b) One director shall be elected by the qualified voters of
136-17 the entire district, and one director shall be elected from each
136-18 county commissioners precinct by the qualified voters of that
136-19 precinct.
136-20 (c) To be qualified to be a candidate for or to serve as
136-21 director at large, a person must be a registered voter in the
136-22 district. To be a candidate for or to serve as director from a
136-23 county commissioners precinct, a person must be a registered voter
136-24 of that precinct.
136-25 (d) A person shall indicate on the application for a place
136-26 on the ballot:
137-1 (1) the precinct that the person seeks to represent;
137-2 or
137-3 (2) that the person seeks to represent the district at
137-4 large.
137-5 (e) At the first election after the county commissioners
137-6 precincts are redrawn under Section 18, Article V, Texas
137-7 Constitution, four new directors shall be elected to represent the
137-8 precincts. The directors elected shall draw lots to determine
137-9 which two directors serve two-year terms and which two directors
137-10 serve four-year terms.
137-11 SECTION 3.0907. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
137-12 (a) The temporary board of directors shall call and hold an
137-13 election to confirm establishment of the district and to elect
137-14 initial directors.
137-15 (b) At the confirmation and initial directors election, the
137-16 temporary board of directors shall have placed on the ballot the
137-17 name of any candidate filing for an initial director position and
137-18 blank spaces to write in the names of other persons. A temporary
137-19 director who is qualified to be a candidate under Sections 3.0905
137-20 and 3.0906 of this part may file for an initial director position.
137-21 (c) Section 41.001(a), Election Code, does not apply to a
137-22 confirmation and initial directors election held as provided by
137-23 this section.
137-24 (d) Except as provided by this section, a confirmation and
137-25 initial directors election must be conducted as provided by
137-26 Sections 36.017(b)-(h), Water Code, and the Election Code.
138-1 SECTION 3.0908. ELECTION OF DIRECTORS. (a) On the first
138-2 Saturday in May of the first even-numbered year after the year in
138-3 which the district is authorized to be created at a confirmation
138-4 election, an election shall be held in the district for the
138-5 election of three directors to serve four-year terms and two
138-6 directors to serve two-year terms.
138-7 (b) On the first Saturday in May of each subsequent second
138-8 year following the election, the appropriate number of directors
138-9 shall be elected.
138-10 SECTION 3.0909. EXPIRATION. This part expires on
138-11 September 1, 2003, if, before that date, the establishment of the
138-12 district has not been confirmed at a confirmation election held
138-13 under Section 3.0907 of this part.
138-14 PART 10. SOUTHEAST TRINITY GROUNDWATER CONSERVATION DISTRICT
138-15 SECTION 3.1001. PURPOSE. The purpose of this part is to
138-16 ratify the Southeast Trinity Groundwater Conservation District, a
138-17 locally controlled groundwater district, to protect, recharge, and
138-18 prevent the waste of groundwater and to control subsidence of water
138-19 from the groundwater reservoirs.
138-20 SECTION 3.1002. RATIFICATION. (a) The Southeast Trinity
138-21 Groundwater Conservation District is ratified.
138-22 (b) The district is a governmental agency and a body politic
138-23 and corporate.
138-24 (c) The district is created and ratified under and is
138-25 essential to accomplish the purposes of Section 59, Article XVI,
138-26 Texas Constitution.
139-1 SECTION 3.1003. BOUNDARIES. The boundaries of the district
139-2 are:
139-3 BEGINNING at the point of intersection of the Bexar County -
139-4 Comal County - Kendall County line:
139-5 THENCE following the meanders of the Cibolo Creek, the Bexar
139-6 County - Comal County line in an Easterly direction to the point of
139-7 intersection with latitude 29 40':
139-8 THENCE along 29 40' in a Southeasterly direction to the
139-9 point of intersection with Farm to Market Road 3009:
139-10 THENCE with the centerline of Farm to Market Road 3009 in a
139-11 Southerly direction to the point of intersection with the
139-12 centerline of Schoenthal Road:
139-13 THENCE with the centerline of Schoenthal Road in a
139-14 Northeasterly direction to the point of intersection with the
139-15 centerline of Farm to Market Road 1863:
139-16 THENCE with the centerline of Farm to Market Road 1863 in an
139-17 Easterly direction to the point of intersection with the centerline
139-18 of Mission Valley Road:
139-19 THENCE with the centerline of Mission Valley Road in a
139-20 Northeasterly direction to the point of intersection with the
139-21 centerline of State Highway 46;
139-22 THENCE with the centerline of State Highway 46 in a
139-23 Northwesterly direction to the point of intersection with the
139-24 centerline of Hueco Springs Loop Road:
139-25 THENCE with the centerline of Hueco Springs Loop Road in a
139-26 Northeasterly then Easterly direction to the point of intersection
140-1 with the centerline of River Road:
140-2 THENCE with the centerline of River Road in a Northeasterly
140-3 direction to the point of intersection with the Guadalupe River at
140-4 the First Crossing:
140-5 THENCE following the meanders of the Guadalupe River in a
140-6 Northerly direction to the point of intersection of the centerlines
140-7 of the Guadalupe River and Deep Creek:
140-8 (Note: the next four paragraphs coincide with the Southern
140-9 boundary of Comal County Voters Precinct 18)
140-10 THENCE along the meanders of Deep Creek in a Northeasterly
140-11 direction to the point of intersection of the centerline of Deep
140-12 Creek and the South line of the G. F. Lawrence Survey No. 33,
140-13 Abstract No. 358:
140-14 THENCE with the South line of the G. F. Lawrence Survey No.
140-15 33, Abstract No. 358 in a Northeasterly, Southeasterly, and
140-16 Northeasterly direction to the point of intersection of the South
140-17 centerline of Farm to Market Road 306 being at approximately
140-18 Engineers Station 397+98.3:
140-19 THENCE with the centerline of Farm to Market Road 306 in a
140-20 Southeasterly direction to the point of intersection of the
140-21 centerlines of Farm to Market Road 306 and the William Pfeuffer
140-22 private ranch road:
140-23 THENCE with the approximate bearing N 69 E and approximate
140-24 distance 5,000 feet to an angle point in the Comal County - Hays
140-25 County Line:
140-26 THENCE with the Comal County - Hays County line in a
141-1 Northwesterly direction to the point of intersection of the Comal
141-2 County - Hays County line with the Comal County - Blanco County
141-3 line:
141-4 THENCE with the Comal County - Blanco County line in a
141-5 Southwesterly direction to the point of intersection of the Comal
141-6 County - Blanco County - Kendall County line, continuing with the
141-7 Comal County - Kendall County line in a Southwesterly direction to
141-8 point of intersection of the Kendall County - Comal County - Bexar
141-9 County line being the Point of Beginning.
141-10 SECTION 3.1004. FINDINGS RELATIVE TO BOUNDARIES. The
141-11 legislature finds that the boundaries and field notes of the
141-12 district form a closure. A mistake in the field notes or in
141-13 copying the field notes in the legislative process does not affect
141-14 the organization, existence, or validity of the district, the right
141-15 of the district to levy and collect taxes, or the legality or
141-16 operation of the district or its governing body.
141-17 SECTION 3.1005. DEFINITIONS. In this part:
141-18 (1) "District" means the Southeast Trinity Groundwater
141-19 Conservation District;
141-20 (2) "Board" means the board of directors of the
141-21 district; and
141-22 (3) "Commission" means the Texas Natural Resource
141-23 Conservation Commission.
141-24 SECTION 3.1006. FINDING OF BENEFIT. All of the land and
141-25 other property included within the boundaries of the district will
141-26 benefit from the works and projects that are to be accomplished by
142-1 the district under powers conferred by Section 59, Article XVI,
142-2 Texas Constitution. The district is created to serve a public use
142-3 and benefit.
142-4 SECTION 3.1007. AUTHORITY OF DISTRICT. (a) Except as
142-5 provided by this section or otherwise by this part, the district
142-6 has the same permitting and general management powers as those
142-7 granted under Chapter 36, Water Code.
142-8 (b) Chapter 49, Water Code, does not apply to the district.
142-9 (c) The district has no regulatory jurisdiction over the
142-10 Edwards Aquifer or any surface water supply.
142-11 (d) The board by rule may impose reasonable fees, including
142-12 fees for groundwater transported out of the district, on each
142-13 groundwater well in the district that is not exempt from regulation
142-14 by the district, based on the amount of water withdrawn from the
142-15 well. The fees may be assessed annually, based on the size of
142-16 column pipe used in the wells, pump capacity, or actual,
142-17 authorized, or anticipated pumpage, to pay the maintenance and
142-18 operating expenses of the district's regulation of groundwater.
142-19 (e) Section 36.205(c), Water Code, does not apply to the
142-20 district.
142-21 (f) The district may assess an ad valorem property tax not
142-22 to exceed seven cents per $100 valuation for administrative,
142-23 operation, and maintenance expenses if approved by a majority of
142-24 the qualified voters voting in an election authorizing the tax.
142-25 (g) Any district conservation fee paid by a retail public
142-26 utility to the district shall be:
143-1 (1) collected by the retail public utility directly as
143-2 a regulatory fee from the customers of the utility and paid to the
143-3 district; and
143-4 (2) shown as a separate line item on the customer's
143-5 bill.
143-6 (h) Fees shall not be assessed for groundwater withdrawn
143-7 from the Edwards Aquifer.
143-8 (i) The district shall determine which classes of wells are
143-9 exempt from permitting requirements.
143-10 (j) The district may not require a permit for:
143-11 (1) the drilling of or producing from a well either
143-12 drilled, completed, or equipped so that it is capable of producing
143-13 less than 10,000 gallons of water per day; or
143-14 (2) the drilling of or alteration of the size of a
143-15 well or to restrict the production of a well if the water produced
143-16 or to be produced from the well is or will be used to supply the
143-17 domestic needs of five or fewer households in which a person who is
143-18 a member of each household is either the owner of the well, a
143-19 person related to the owner or to a member of the owner's household
143-20 within the second degree by consanguinity, or an employee of the
143-21 owner.
143-22 (k) The district may construct according to, implement, and
143-23 maintain best management practices in the district and may engage
143-24 in and promote acceptance of best management practices through
143-25 education efforts sponsored by the district for the purposes of
143-26 water quality and water availability practices such as brush
144-1 management, recharge enhancement, water and silt detention and
144-2 retention structures, plugging of abandoned wells, and other
144-3 treatment measures for the conservation of groundwater resources.
144-4 SECTION 3.1008. BOARD OF DIRECTORS. (a) The district is
144-5 governed by a board of five directors.
144-6 (b) Temporary directors have been appointed by Comal County
144-7 Commissioners Court and will serve until initial directors are
144-8 elected under Section 3.1009 of this part.
144-9 (c) The temporary directors are:
144-10 (1) Cal Perrine;
144-11 (2) Ernest T. Lee;
144-12 (3) Jill Sondeen;
144-13 (4) Larry Hull; and
144-14 (5) Stovy Bowlin.
144-15 (d) Initial directors will be elected at a confirmation
144-16 election and will serve until permanent directors are elected under
144-17 Section 3.1010 of this part.
144-18 (e) Permanent directors serve staggered four-year terms.
144-19 (f) The directors shall be elected from four precincts, and
144-20 one director will represent the district at large. No more than
144-21 two precincts may be in a single municipality.
144-22 (g) A member of the board must reside in and be a registered
144-23 voter in the precinct from which the person is elected or appointed
144-24 if representing a precinct or must reside and be registered to vote
144-25 in the district if representing the district at large.
144-26 (h) Directors may serve consecutive terms.
145-1 (i) In an election for board members, a write-in vote may
145-2 not be counted unless the name written in appears on the list of
145-3 write-in candidates. A declaration of write-in candidacy must be
145-4 filed not later than 5 p.m. of the 45th day before election day.
145-5 (j) Vacancies in the office of director shall be filled by
145-6 appointment of the board. If the vacant office is not scheduled
145-7 for election within the next two years at the time of the
145-8 appointment, the board shall order an election for the unexpired
145-9 term to be held as part of the next regularly scheduled directors
145-10 election. The appointed director's term shall end on qualification
145-11 of the director elected at that election.
145-12 SECTION 3.1009. CONFIRMATION ELECTION AND ELECTION OF
145-13 INITIAL DIRECTORS. (a) As soon as practicable after September 1,
145-14 2001, the temporary board of directors may set the date for, call,
145-15 and hold an election:
145-16 (1) to confirm establishment of the district;
145-17 (2) to elect five initial directors; and
145-18 (3) for the authority to tax.
145-19 (b) The election may be held on the first authorized
145-20 election date after the United States Department of Justice has
145-21 precleared this part. The district shall contract with the county
145-22 clerk of Comal County to conduct the election.
145-23 (c) The elected initial directors shall draw lots to
145-24 determine their terms so that:
145-25 (1) two of the initial directors serve two-year terms
145-26 that expire on the uniform election date in November of the second
146-1 year after the date the initial directors were elected; and
146-2 (2) the remaining three initial directors serve
146-3 four-year terms that expire on the uniform election date in
146-4 November of the fourth year after the year in which the initial
146-5 directors were elected.
146-6 (d) Section 41.001(a), Election Code, does not apply to a
146-7 confirmation and directors election held as provided by this
146-8 section.
146-9 (e) Except as provided by this section, a confirmation and
146-10 directors election must be conducted as provided by Sections
146-11 36.017(b)-(h), Water Code, and the Election Code.
146-12 (f) The Comal County Commissioners Court shall pay the
146-13 expenses of conducting the confirmation and initial directors
146-14 election, subject to reimbursement from the district if the
146-15 establishment of the district is confirmed or from available
146-16 revenues, including funds allocated under Section 36.160, Water
146-17 Code, if the establishment of the district is defeated.
146-18 (g) If the district is defeated, the temporary directors may
146-19 call and hold subsequent elections to confirm establishment of the
146-20 district. A subsequent election may not be held earlier than the
146-21 first anniversary of the date on which the previous election was
146-22 held. If the district has not been confirmed at an election held
146-23 under this section before the fourth anniversary of the effective
146-24 date of this part, the district is dissolved on that date, except
146-25 that any debts incurred shall be paid and the organization of the
146-26 district shall be maintained until all debts are paid.
147-1 SECTION 3.1010. ELECTION OF REGULAR DIRECTORS. (a) On the
147-2 uniform election date in November of the second year after the year
147-3 in which the initial directors were elected, an election shall be
147-4 held in the district to elect two regular directors for the
147-5 positions of the two initial directors serving two-year terms.
147-6 (b) On the uniform election date in November of each
147-7 subsequent second year following the election held under Subsection
147-8 (a) of this section, an election shall be held to elect the
147-9 appropriate number of regular directors to the board.
147-10 SECTION 3.1011. COORDINATION. The district may coordinate
147-11 activities with other groundwater districts that regulate the
147-12 Trinity Aquifer for the purposes of conjunctively managing the
147-13 common resource.
147-14 SECTION 3.1012. MODIFICATION OF DISTRICT. The district may
147-15 be modified only under Subchapter J, Chapter 36, Water Code, and by
147-16 subsequent acts of the legislature.
147-17 SECTION 3.1013. STATUTORY INTERPRETATION. Except as
147-18 otherwise provided by this part, if there is a conflict between
147-19 this part and Chapter 36, Water Code, this part controls.
147-20 PART 11. TEXANA GROUNDWATER CONSERVATION DISTRICT
147-21 SECTION 3.1101. RATIFICATION OF CREATION. The creation by
147-22 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999,
147-23 of the Texana Groundwater Conservation District in Jackson County
147-24 is ratified as required by Section 15(a) of that chapter, subject
147-25 to approval at a confirmation election under Section 3.1107 of this
147-26 part.
148-1 SECTION 3.1102. DEFINITION. In this part, "district" means
148-2 the Texana Groundwater Conservation District.
148-3 SECTION 3.1103. BOUNDARIES. The boundaries of the district
148-4 are coextensive with the boundaries of Jackson County.
148-5 SECTION 3.1104. GENERAL POWERS. (a) The district has all
148-6 of the rights, powers, privileges, authority, functions, and duties
148-7 provided by the general law of the state, including Chapter 36,
148-8 Water Code, applicable to groundwater conservation districts
148-9 created under Section 59, Article XVI, Texas Constitution. This
148-10 part prevails over any provision of general law that is in conflict
148-11 or inconsistent with this part, including any provision of Chapter
148-12 1331, Acts of the 76th Legislature, Regular Session, 1999.
148-13 (b) Notwithstanding Subsection (a) of this section, the
148-14 following provisions prevail over a conflicting or inconsistent
148-15 provision of this part:
148-16 (1) Sections 36.1071-36.108, Water Code;
148-17 (2) Sections 36.159-36.161, Water Code; and
148-18 (3) Subchapter I, Chapter 36, Water Code.
148-19 SECTION 3.1105. BOARD OF DIRECTORS. (a) The district is
148-20 governed by a board of seven directors.
148-21 (b) Temporary directors serve until initial directors are
148-22 elected under Section 3.1107 of this part.
148-23 (c) Initial directors serve until permanent directors are
148-24 elected under Section 3.1108 of this part.
148-25 (d) Permanent directors serve staggered four-year terms.
148-26 (e) Each director must qualify to serve as director in the
149-1 manner provided by Section 36.055, Water Code.
149-2 (f) A director serves until the director's successor has
149-3 qualified.
149-4 (g) If there is a vacancy on the board, the remaining
149-5 directors shall appoint a director to serve the remainder of the
149-6 term.
149-7 (h) A director may not receive a salary or other
149-8 compensation for service as a director but may be reimbursed for
149-9 actual expenses of attending meetings at the rate in effect for
149-10 employees of Jackson County.
149-11 SECTION 3.1106. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
149-12 PRECINCTS. (a) The directors of the district shall be elected
149-13 according to the commissioners precinct method as provided by this
149-14 section.
149-15 (b) Three directors shall be elected by the electors of the
149-16 entire district, and one director shall be elected from each county
149-17 commissioners precinct by the electors of that precinct.
149-18 (c) To be qualified to be a candidate for or to serve as a
149-19 director at large, a person must be a registered voter in the
149-20 district. To be a candidate for or to serve as director from a
149-21 county commissioners precinct, a person must be a registered voter
149-22 of that precinct.
149-23 (d) A person shall indicate on the application for a place
149-24 on the ballot:
149-25 (1) the precinct that the person seeks to represent;
149-26 or
150-1 (2) that the person seeks to represent the district at
150-2 large.
150-3 (e) At the first election after the county commissioners
150-4 precincts are redrawn under Section 18, Article V, Texas
150-5 Constitution, four new directors shall be elected to represent the
150-6 precincts. The directors elected shall draw lots to determine
150-7 which two directors serve two-year terms and which two directors
150-8 serve four-year terms.
150-9 SECTION 3.1107. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
150-10 (a) The temporary board of directors shall call and hold an
150-11 election to confirm establishment of the district and to elect
150-12 initial directors.
150-13 (b) At the confirmation and initial directors election, the
150-14 temporary board of directors shall have placed on the ballot the
150-15 name of any candidate filing for an initial director position and
150-16 blank spaces to write in the names of other persons. A temporary
150-17 director who is qualified to be a candidate under Sections 3.1105
150-18 and 3.1106 of this part may file for an initial director position.
150-19 (c) Section 41.001(a), Election Code, does not apply to a
150-20 confirmation and initial directors election held as provided by
150-21 this section.
150-22 (d) Except as provided by this section, a confirmation and
150-23 initial directors election must be conducted as provided by
150-24 Sections 36.017(b)-(h), Water Code, and the Election Code.
150-25 (e) If the majority of the votes cast at an election held
150-26 under this section is against the confirmation of the district, the
151-1 temporary directors may not call another election under this
151-2 section before the first anniversary of that election.
151-3 SECTION 3.1108. ELECTION OF DIRECTORS. (a) On the first
151-4 Saturday in May of the first even-numbered year after the year in
151-5 which the district is authorized to be created at a confirmation
151-6 election, an election shall be held in the district for the
151-7 election of two directors at large and two directors representing
151-8 precincts to serve four-year terms and one director at large and
151-9 two directors representing precincts to serve two-year terms.
151-10 (b) On the first Saturday in May of each subsequent second
151-11 year following the election, the appropriate number of directors
151-12 shall be elected.
151-13 SECTION 3.1109. LIMITATION ON TAXATION. The district may
151-14 not levy or collect an ad valorem tax at a rate that exceeds two
151-15 cents on each $100 valuation of taxable property in the district.
151-16 SECTION 3.1110. CONTRACTS WITH GOVERNMENT ENTITIES.
151-17 (a) The district may contract with other government entities.
151-18 (b) The district may contract with other governmental
151-19 entities, including river authorities located in the district, for
151-20 the performance of any or all district functions. A river
151-21 authority with which the district contracts under this section may
151-22 perform district functions as provided by the contract.
151-23 PART 12. TRI-COUNTY GROUNDWATER CONSERVATION DISTRICT
151-24 SECTION 3.1201. RATIFICATION OF CREATION. The creation by
151-25 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999,
151-26 of the Tri-County Groundwater Conservation District in Foard,
152-1 Hardeman, and Wilbarger counties is ratified as required by Section
152-2 15(a) of that chapter, subject to approval at a confirmation
152-3 election under Section 3.1207 of this part.
152-4 SECTION 3.1202. DEFINITION. In this part, "district" means
152-5 the Tri-County Groundwater Conservation District.
152-6 SECTION 3.1203. BOUNDARIES. The boundaries of the district
152-7 are coextensive with the boundaries of Foard, Hardeman, and
152-8 Wilbarger counties.
152-9 SECTION 3.1204. GENERAL POWERS. (a) The district has all
152-10 of the rights, powers, privileges, authority, functions, and duties
152-11 provided by the general law of the state, including Chapter 36,
152-12 Water Code, applicable to groundwater conservation districts
152-13 created under Section 59, Article XVI, Texas Constitution. This
152-14 part prevails over any provision of general law that is in conflict
152-15 or inconsistent with this part, including any provision of Chapter
152-16 1331, Acts of the 76th Legislature, Regular Session, 1999.
152-17 (b) Notwithstanding Subsection (a) of this section, the
152-18 following provisions prevail over a conflicting or inconsistent
152-19 provision of this part:
152-20 (1) Sections 36.107-36.108, Water Code;
152-21 (2) Sections 36.159-36.161, Water Code; and
152-22 (3) Subchapter I, Chapter 36, Water Code.
152-23 SECTION 3.1205. BOARD OF DIRECTORS. (a) The district is
152-24 governed by a board of six directors. Two directors are appointed
152-25 by the commissioners court of each county in the district.
152-26 (b) Each director must qualify to serve as director in the
153-1 manner provided by Section 36.055, Water Code.
153-2 (c) Directors other than initial directors serve staggered
153-3 four-year terms.
153-4 (d) A director serves until the director's successor has
153-5 qualified.
153-6 (e) If there is a vacancy on the board, the appropriate
153-7 commissioners court shall appoint a director to serve the remainder
153-8 of the term.
153-9 (f) The appropriate commissioners court shall appoint a
153-10 director to succeed a director on or before the date the director's
153-11 term expires.
153-12 (g) A director may not receive a salary or other
153-13 compensation for service as a director but may be reimbursed for
153-14 actual expenses of attending meetings.
153-15 SECTION 3.1206. APPOINTMENT AND TERMS OF INITIAL DIRECTORS.
153-16 (a) As soon as practicable after September 1, 2001, the
153-17 commissioners courts of Foard, Hardeman, and Wilbarger counties
153-18 shall each appoint two initial directors.
153-19 (b) The initial directors shall serve terms as follows:
153-20 (1) the two initial directors appointed by the Foard
153-21 County Commissioners Court shall serve terms expiring February 1,
153-22 2002;
153-23 (2) the two initial directors appointed by the
153-24 Hardeman County Commissioners Court shall serve terms expiring
153-25 February 1, 2004; and
153-26 (3) the two initial directors appointed by the
154-1 Wilbarger County Commissioners Court shall serve terms expiring
154-2 February 1, 2006.
154-3 SECTION 3.1207. CONFIRMATION ELECTION. (a) The board of
154-4 directors shall call and hold an election to confirm the
154-5 establishment of the district.
154-6 (b) Section 41.001(a), Election Code, does not apply to a
154-7 confirmation election held as provided by this section.
154-8 (c) Except as provided by this section, a confirmation
154-9 election must be conducted as provided by Sections 36.017(b)-(h),
154-10 Water Code, and the Election Code.
154-11 SECTION 3.1208. TAXING AUTHORITY. The district may levy and
154-12 collect an ad valorem tax in the district at a rate not to exceed
154-13 one cent on each $100 of assessed valuation.
154-14 SECTION 3.1209. EXPIRATION. If the creation of the district
154-15 is not confirmed at a confirmation election held under Section
154-16 3.1207 of this part before September 1, 2003, this part expires on
154-17 that date.
154-18 ARTICLE 4. WATER INFRASTRUCTURE FINANCING
154-19 SECTION 4.01. Chapter 15, Water Code, is amended by adding
154-20 Subchapter O to read as follows:
154-21 SUBCHAPTER O. WATER INFRASTRUCTURE FUND
154-22 Sec. 15.901. DEFINITIONS. In this subchapter:
154-23 (1) "Eligible political subdivision" means:
154-24 (A) a municipality;
154-25 (B) a county;
154-26 (C) a river authority or special law district
155-1 that is listed in Section 9.010(b);
155-2 (D) a water improvement district;
155-3 (E) an irrigation district;
155-4 (F) a water control and improvement district;
155-5 and
155-6 (G) a groundwater district with a groundwater
155-7 management plan certified by the board under Section 36.1072.
155-8 (2) "Fund" means the water infrastructure fund.
155-9 (3) "Metropolitan statistical area" means an area so
155-10 designated by the United States Office of Management and Budget.
155-11 (4) "Political subdivision bonds" means bonds or other
155-12 obligations issued by a political subdivision to fund a project and
155-13 purchased by the board from money in the fund.
155-14 (5) "Project" means any undertaking or work, including
155-15 planning and design activities and work to obtain regulatory
155-16 authority, to conserve, mitigate, convey, and develop water
155-17 resources of the state, including any undertaking or work done
155-18 outside the state that the board determines will result in water
155-19 being available for use in or for the benefit of the state.
155-20 Sec. 15.902. FINDINGS. The legislature finds that:
155-21 (1) the creation of the fund and the administration of
155-22 the fund by the board will encourage the conservation and
155-23 development of the water resources of the state;
155-24 (2) the use of the fund is in furtherance of the
155-25 public purpose of conserving and developing the water resources of
155-26 the state; and
156-1 (3) the use of the fund for the purposes provided by
156-2 this subchapter is for the benefit of both the state and the
156-3 political subdivisions to which the board makes financial
156-4 assistance available in accordance with this subchapter and
156-5 constitutes a program under, and is in furtherance of the public
156-6 purposes set forth in, Section 52-a, Article III, Texas
156-7 Constitution.
156-8 Sec. 15.903. WATER INFRASTRUCTURE FUND. (a) The water
156-9 infrastructure fund is created as a special account in the general
156-10 revenue fund to be administered by the board under this subchapter
156-11 and under rules adopted by the board. The fund shall be available
156-12 to fund the implementation of water projects recommended through
156-13 the state and regional water planning processes under Sections
156-14 16.051 and 16.053.
156-15 (b) The fund consists of:
156-16 (1) appropriations from the legislature;
156-17 (2) the bottled water surcharge, as provided by
156-18 Section 15.013;
156-19 (3) any other fees or sources of revenue that the
156-20 legislature may dedicate for deposit to the fund;
156-21 (4) repayments of loans made from the fund;
156-22 (5) interest earned on money credited to the fund;
156-23 (6) depository interest allocable to the fund in the
156-24 general revenue fund;
156-25 (7) money from gifts, grants, or donations to the
156-26 fund;
157-1 (8) money from revenue bonds or other sources
157-2 designated by the board; and
157-3 (9) proceeds from the sale of any political
157-4 subdivision bonds or obligations held in the fund and not otherwise
157-5 pledged to the discharge, repayment, or redemption of revenue bonds
157-6 or other bonds, the proceeds of which were placed in the fund.
157-7 Sec. 15.904. USE OF WATER INFRASTRUCTURE FUND. (a) The
157-8 board may use the fund:
157-9 (1) to make loans to political subdivisions at or
157-10 below market interest rates for projects;
157-11 (2) to make grants, low-interest loans, or zero
157-12 interest loans to political subdivisions for projects to serve
157-13 areas outside metropolitan statistical areas in order to ensure
157-14 that the projects are implemented, or for projects to serve
157-15 economically distressed areas;
157-16 (3) to make loans at or below market interest rates
157-17 for planning and design costs, permitting costs, and other costs
157-18 associated with state or federal regulatory activities with respect
157-19 to a project;
157-20 (4) as a source of revenue or security for the payment
157-21 of principal and interest on bonds issued by the board if the
157-22 proceeds of the sale of the bonds will be deposited in the fund;
157-23 and
157-24 (5) to pay the necessary and reasonable expenses of
157-25 the board in administering the fund.
157-26 (b) Funding under Subsection (a)(2) or under Subsection
158-1 (a)(3) may not exceed 10 percent of the amount of financial
158-2 assistance budgeted by the board to be made available from the fund
158-3 in a fiscal year.
158-4 (c) Principal and interest payments on loans made under
158-5 Subsection (a)(3) may be deferred for a maximum of 10 years or
158-6 until construction of the project is completed, whichever is
158-7 earlier.
158-8 Sec. 15.905. APPROVAL OF APPLICATIONS. (a) On review and
158-9 recommendation by the executive administrator, the board by
158-10 resolution may approve an application if the board finds that:
158-11 (1) the application and the assistance applied for
158-12 meet the requirements of this subchapter and board rules;
158-13 (2) the revenue or taxes, or both the revenue and
158-14 taxes, pledged by the applicant will be sufficient to meet all the
158-15 obligations assumed by the political subdivision; and
158-16 (3) the project will meet water needs in a manner
158-17 consistent with the state and regional water plans as required by
158-18 Section 16.053(j).
158-19 (b) For an application under this subchapter, a program of
158-20 water conservation through a more effective use of water shall be
158-21 required in the same manner as for approval of an application for
158-22 financial assistance under Section 15.106.
158-23 (c) The board may deliver funds for the portion of a loan or
158-24 grant for a project relating to surface water development, other
158-25 than for planning and design costs, permitting costs, and other
158-26 costs associated with federal and state regulatory activities with
159-1 respect to a project, only if the executive administrator makes a
159-2 written finding:
159-3 (1) that the applicant proposing surface water
159-4 development has the necessary water rights authorizing it to
159-5 appropriate and use the water that the project will provide; or
159-6 (2) that an applicant proposing groundwater
159-7 development has the right to use water that the project will
159-8 provide.
159-9 Sec. 15.906. APPLICABLE PROVISIONS. The provisions of
159-10 Subchapter E, Chapter 17, apply to financial assistance made
159-11 available from the fund; provided, however, that the board may also
159-12 execute contracts as necessary to evidence grant agreements.
159-13 Sec. 15.907. RULES. The board shall adopt rules necessary
159-14 to carry out this subchapter, including rules establishing
159-15 procedures for application for and for the award of financial
159-16 assistance, for the investment of funds, and for the administration
159-17 of the fund.
159-18 Sec. 15.908. SALE OF POLITICAL SUBDIVISION BONDS. (a) The
159-19 board may sell or dispose of political subdivision bonds at the
159-20 price and under the terms that the board determines to be
159-21 reasonable.
159-22 (b) The board may sell political subdivision bonds without
159-23 making a previous offer to the political subdivision that issued
159-24 the bonds and without advertising, soliciting, or receiving bids
159-25 for sale.
159-26 (c) Notwithstanding other provisions of this chapter, the
160-1 board may sell to the Texas Water Resources Finance Authority any
160-2 political subdivision bonds purchased with money in the fund and
160-3 may apply the proceeds of a sale in the manner provided by this
160-4 section.
160-5 (d) Proceeds from the sale of political subdivision bonds
160-6 under this section shall be deposited in the fund for use as
160-7 provided by Section 15.904.
160-8 (e) As part of a sales agreement with the Texas Water
160-9 Resources Finance Authority, the board by contract may agree to
160-10 perform the functions required to ensure that the political
160-11 subdivision pays the debt service on political subdivision bonds
160-12 sold and observes the conditions and requirements stated in those
160-13 bonds.
160-14 (f) The board may exercise any powers necessary to carry out
160-15 the authority granted by this section, including the authority to
160-16 contract with any person to accomplish the purposes of this
160-17 section.
160-18 Sec. 15.909. FUNDING FOR LOCAL ECONOMIC DEVELOPMENT.
160-19 (a) The board may use the fund to provide financial assistance to
160-20 an eligible political subdivision to enable the political
160-21 subdivision to fund loans and grants for projects that develop and
160-22 diversify its local economy, consistent with the terms and
160-23 conditions set forth in a program adopted by the governing body of
160-24 the political subdivision under authority granted by Section
160-25 15.910.
160-26 (b) The board may not purchase political subdivision bonds
161-1 issued for the purposes described by Subsection (a) that are
161-2 secured in whole or in part by a pledge of ad valorem taxes unless
161-3 the political subdivision submits evidence satisfactory to the
161-4 board that the issuance of the bonds has been approved by the
161-5 citizens of the political subdivision voting at an election held
161-6 for the purposes described in Section 15.910.
161-7 Sec. 15.910. AUTHORITY TO ESTABLISH ECONOMIC DEVELOPMENT
161-8 PROGRAMS. (a) An eligible political subdivision may establish
161-9 economic development programs and make loans and grants of public
161-10 funds to assist in providing projects within the political
161-11 subdivision. The authority granted to a political subdivision to
161-12 make loans and grants in accordance with this section constitutes a
161-13 program in furtherance of the public purposes provided by Section
161-14 52-a, Article III, Texas Constitution.
161-15 (b) Financial assistance received from the fund may be used
161-16 by an eligible political subdivision to make loans or grants to
161-17 persons for projects that the political subdivision finds will
161-18 conserve and develop the water resources of the political
161-19 subdivision and assist in diversifying and developing the economy
161-20 of the political subdivision and the state.
161-21 (c) In exercising the authority granted by this section, the
161-22 governing body of an eligible political subdivision may determine
161-23 the terms and conditions governing the loan or grant of money and
161-24 determine whether to approve an agreement with a person who
161-25 receives a loan or grant.
161-26 Sec. 15.911. An eligible political subdivision may not sell
162-1 or incur obligations to fund an economic development program
162-2 established under authority granted by Section 15.910 that are
162-3 payable in whole or in part from ad valorem taxes unless the
162-4 residents of the political subdivision, voting at an election held
162-5 for the purpose, approve the issuance of obligations to fund an
162-6 economic development program for the provision of loans or grants
162-7 to persons to construct projects that will conserve and develop the
162-8 water resources of the political subdivision and assist in
162-9 developing and diversifying the local economy.
162-10 SECTION 4.02. Chapter 15, Water Code, is amended by adding
162-11 Subchapter P to read as follows:
162-12 SUBCHAPTER P. RURAL WATER ASSISTANCE FUND
162-13 Sec. 15.951. PURPOSE. The legislature finds that the rural
162-14 areas of the state, characterized by small populations extended
162-15 over disproportionately large service areas, require a means of
162-16 financing water projects in addition to those established by other
162-17 provisions of this chapter.
162-18 Sec. 15.952. DEFINITIONS. In this subchapter:
162-19 (1) "Federal agency" means an agency or other entity
162-20 of the United States Department of Agriculture or an agency or
162-21 entity that is acting through or on behalf of that department.
162-22 (2) "Fund" means the rural water assistance fund
162-23 established under this subchapter.
162-24 (3) "Rural political subdivision" means:
162-25 (A) a nonprofit water supply or sewer service
162-26 corporation, district, or municipality with a service area of
163-1 10,000 or less in population or that otherwise qualifies for
163-2 financing from a federal agency; or
163-3 (B) a county in which no urban area exceeds
163-4 50,000 in population.
163-5 (4) "State agency" means an agency or other entity of
163-6 the state, including the Department of Agriculture and the Texas
163-7 Department of Housing and Community Affairs and any agency or
163-8 authority that is acting through or on behalf of the Department of
163-9 Agriculture or the Texas Department of Housing and Community
163-10 Affairs.
163-11 Sec. 15.953. CREATION OF FUND. The rural water assistance
163-12 fund is created as a special account in the general revenue fund.
163-13 The fund consists of:
163-14 (1) money directly appropriated to the board;
163-15 (2) repayment of principal and interest from loans
163-16 made from the fund not otherwise needed as a source of revenue
163-17 pursuant to Section 17.9615(b);
163-18 (3) money transferred by the board from any and all
163-19 sources available; and
163-20 (4) interest earned on the investment of money in the
163-21 fund and depository interest allocable to the fund in the general
163-22 revenue fund.
163-23 Sec. 15.954. USE OF FUND. (a) The fund may be used to
163-24 provide low-interest loans to rural political subdivisions for
163-25 water or water-related projects, including the purchase of well
163-26 fields, the purchase or lease of rights to produce groundwater, and
164-1 interim financing of construction projects.
164-2 (b) The fund may be used to enable a rural political
164-3 subdivision to obtain water supplied by larger political
164-4 subdivisions or to finance the consolidation or regionalizing of
164-5 neighboring political subdivisions, or both.
164-6 (c) The fund may be used to finance an outreach and
164-7 technical assistance program to assist rural political subdivisions
164-8 in obtaining assistance through the fund. The board may use money
164-9 in the fund to contract for such outreach and technical assistance.
164-10 (d) The fund may be used to buy down interest rates on
164-11 loans.
164-12 (e) A rural political subdivision may enter into an
164-13 agreement with a federal agency or a state agency to submit a joint
164-14 application for financial assistance under this subchapter.
164-15 (f) A nonprofit water supply or sewer service corporation is
164-16 exempt from payment of any sales tax that may be incurred under
164-17 other law or ordinance for any project financed by the fund.
164-18 (g) The fund may be used as a source of revenue for the
164-19 payment of principal and interest on water financial assistance
164-20 bonds issued by the board if the proceeds of the sale of these
164-21 bonds will be deposited into the rural water assistance fund.
164-22 Sec. 15.955. FINANCIAL ASSISTANCE. (a) The board shall
164-23 adopt rules necessary to administer this subchapter, including
164-24 rules establishing procedures for the application for and award of
164-25 loans, the distribution of loans, the investment of funds, and the
164-26 administration of loans and the fund.
165-1 (b) The board may not release from the fund money for the
165-2 construction phase of portions of projects proposing surface water
165-3 or groundwater development until the executive administrator makes
165-4 a written finding:
165-5 (1) that a rural political subdivision proposing
165-6 surface water development has the necessary water right authorizing
165-7 it to appropriate and use the water that the project will provide;
165-8 or
165-9 (2) that a rural political subdivision proposing
165-10 groundwater development has the right to use water that the project
165-11 will provide.
165-12 (c) In passing on an application from a rural political
165-13 subdivision for financial assistance, the board shall consider:
165-14 (1) the needs of the area to be served by the project,
165-15 the benefit of the project to the area, the relationship of the
165-16 project to the overall state water needs, and the relationship of
165-17 the project to the state water plan; and
165-18 (2) the availability of revenue to the rural political
165-19 subdivision from all sources for the ultimate repayment of the cost
165-20 of the water supply project, including all interest.
165-21 (d) The board by resolution may approve an application if,
165-22 after considering the factors listed in Subsection (c) and other
165-23 relevant factors, the board finds:
165-24 (1) that the public interest is served by state
165-25 assistance in the project; and
165-26 (2) that the revenue or taxes pledged by the rural
166-1 political subdivision will be sufficient to meet all the
166-2 obligations assumed by the rural political subdivision during the
166-3 succeeding period of not more than 50 years.
166-4 (e) A program of water conservation for the more efficient
166-5 use of water shall be required in the same manner as required for
166-6 approval of an application for financial assistance under Section
166-7 15.106.
166-8 (f) Sections 17.183-17.187 apply to the construction of
166-9 projects funded pursuant to this subchapter.
166-10 SECTION 4.03. Subchapter B, Chapter 15, Water Code, is
166-11 amended by adding Section 15.013 to read as follows:
166-12 Sec. 15.013. BOTTLED WATER SURCHARGE. (a) The comptroller
166-13 shall collect from each manufacturer of bottled water in the state
166-14 a surcharge of five cents per individual container of water bottled
166-15 for retail sale.
166-16 (b) The comptroller shall adopt any rules necessary for the
166-17 administration, payment, collection, and enforcement of the
166-18 surcharge under Subsection (a) and shall deposit all revenues
166-19 generated under this section to the water infrastructure fund.
166-20 (c) In this section, "manufacturer" means a person who
166-21 bottles water for retail sale.
166-22 SECTION 4.04. Subsection (j), Section 5.235, Water Code, is
166-23 amended to read as follows:
166-24 (j) The fee for other uses of water not specifically named
166-25 in this section is $1 per acre-foot, except that no political
166-26 subdivision may be required to pay fees to use water for recharge
167-1 of underground freshwater-bearing sands and aquifers or for
167-2 abatement of natural pollution. This fee is waived for
167-3 applications for instream-use water rights deposited into the Texas
167-4 Water Trust.
167-5 SECTION 4.05. Section 15.001, Water Code, is amended by
167-6 adding Subdivision (12) to read as follows:
167-7 (12) "Regionalization" means development of a water
167-8 supply or wastewater collection and treatment system that
167-9 incorporates multiple service areas into an areawide service
167-10 facility or any such system that serves an area that includes more
167-11 than a single county, city, special district, or other political
167-12 subdivision of the state.
167-13 SECTION 4.06. Subsection (a), Section 15.002, Water Code, is
167-14 amended to read as follows:
167-15 (a) The legislature finds that it is in the public interest
167-16 and to the benefit of the general public of the state to encourage
167-17 and to assist in the planning and construction of projects to
167-18 develop and conserve the storm water and floodwater as well as the
167-19 ordinary flows of the rivers and streams of the state, to maintain
167-20 and enhance the quality of the water of the state, to provide
167-21 protection to the state's citizens from the floodwater of the
167-22 rivers and streams of the state, to provide drainage, subsidence
167-23 control, public beach nourishment, recharge, chloride control,
167-24 brush control, weather modification, regionalization, and
167-25 desalination [desalinization], to provide for the management of
167-26 aquatic vegetation, and other purposes as provided by law or board
168-1 rule.
168-2 SECTION 4.07. Subsection (b), Section 15.011, Water Code, is
168-3 amended to read as follows:
168-4 (b) After notice and hearing and subject to any limitations
168-5 established by the General Appropriations Act, the board may
168-6 transfer money from the fund to the loan fund created under
168-7 Subchapter C of this chapter, the storage acquisition fund created
168-8 under Subchapter E of this chapter, the research and planning fund
168-9 created under Subchapter F of this chapter, the hydrographic survey
168-10 account created under Subchapter M of this chapter, provided the
168-11 hydrographic survey account transfer does not exceed $425,000,
168-12 [and] the aquatic vegetation management fund created under
168-13 Subchapter N of this chapter, and the rural water assistance fund
168-14 created under Subchapter P.
168-15 SECTION 4.08. Subsections (a) and (b), Section 15.102, Water
168-16 Code, are amended to read as follows:
168-17 (a) The loan fund may be used by the board to provide loans
168-18 of financial assistance to political subdivisions, federal
168-19 agencies, or both political subdivisions and federal agencies
168-20 acting jointly for the construction, acquisition, improvement, or
168-21 enlargement of projects involving water conservation, water
168-22 development, or water quality enhancement, providing nonstructural
168-23 and structural flood control, or drainage, project recreation lands
168-24 and revenue-generating recreational improvements within any
168-25 watershed, or providing recharge, chloride control, subsidence
168-26 control, brush control, weather modification, regionalization, or
169-1 desalination [desalinization] as provided by legislative
169-2 appropriations, this chapter, and the board rules.
169-3 (b) The loan fund may also be used by the board to provide
169-4 grants for:
169-5 (1) projects that include supplying water and
169-6 wastewater services in economically distressed areas, including
169-7 projects involving retail distribution of those services; and
169-8 (2) desalination, brush control, weather modification,
169-9 regionalization, and projects providing regional water quality
169-10 enhancement services as defined by board rule, including regional
169-11 conveyance systems.
169-12 SECTION 4.09. Section 15.105, Water Code, is amended to read
169-13 as follows:
169-14 Sec. 15.105. CONSIDERATIONS IN PASSING ON APPLICATION. In
169-15 passing on an application for financial assistance from the loan
169-16 fund, the board shall consider but is not limited to:
169-17 (1) the needs of the area to be served by the project
169-18 and the benefit of the project to the area in relation to the needs
169-19 of other areas requiring state assistance in any manner and the
169-20 benefits of those projects to the other areas;
169-21 (2) the availability of revenue to the applicant from
169-22 all sources for the ultimate repayment of the cost of the project,
169-23 including all interest;
169-24 (3) the relationship of the project to overall
169-25 statewide needs;
169-26 (4) the ability of the applicant to finance the
170-1 project without state assistance; [and]
170-2 (5) for applications for grants for economically
170-3 distressed areas, the regulatory efforts by the county in which the
170-4 project is located to control the construction of subdivisions that
170-5 lack basic utility services; and
170-6 (6) for applications for grants under Section
170-7 15.102(b)(2), the ability of the applicant to construct the project
170-8 without the grant, and the benefits of the project to water and
170-9 wastewater needs of the state. The board shall pass rules which
170-10 shall further define the eligibility of grants under this
170-11 subchapter.
170-12 SECTION 4.10. Subsection (a), Section 15.106, Water Code, is
170-13 amended to read as follows:
170-14 (a) The board, by resolution, may approve an application for
170-15 financial assistance [a loan] if after considering the factors
170-16 listed in Section 15.105 of this code and any other relevant
170-17 factors, the board finds:
170-18 (1) that the public interest requires state
170-19 participation in the project; and
170-20 (2) that in its opinion the revenue or taxes pledged
170-21 by the political subdivision will be sufficient to meet all the
170-22 obligations assumed by the political subdivision.
170-23 SECTION 4.11. Section 15.107, Water Code, is amended to read
170-24 as follows:
170-25 Sec. 15.107. METHOD OF MAKING [LOANS OF] FINANCIAL
170-26 ASSISTANCE AVAILABLE. (a) The board may make financial assistance
171-1 available to successful applicants in any manner that it considers
171-2 economically feasible including:
171-3 (1) contracts or agreements with a political
171-4 subdivision for the payment of the principal of or interest on or
171-5 both the principal of and interest on bonds or other obligations
171-6 issued or to be issued by the political subdivision;
171-7 (2) contracts or agreements with a political
171-8 subdivision for the purpose of providing the political
171-9 subdivision's share of any cost-sharing required as a participant
171-10 in or local sponsor of any federal project; [or]
171-11 (3) purchase of the bonds or other obligations of a
171-12 political subdivision for the purpose of completely or partially
171-13 financing the project for which the application is being submitted;
171-14 or
171-15 (4) contracts or agreements for the receipt of funds
171-16 and performance of obligations in relation to any grant of funds
171-17 provided by the board.
171-18 (b) Contracts or agreements entered into under Subdivision
171-19 (1) of Subsection (a) of this section may cover all or any part of
171-20 the debt service requirements in a given year and may cover debt
171-21 service requirements in as many years of an issue as the board
171-22 considers appropriate.
171-23 (c) In a determination on a loan for financial assistance,
171-24 the board may approve interest deferral or the capitalization of
171-25 interest costs and may approve periods of repayment for the loans
171-26 of up to 50 years.
172-1 SECTION 4.12. Section 15.434, Water Code, is amended to read
172-2 as follows:
172-3 Sec. 15.434. USE OF MONEY IN FUND. Money deposited to the
172-4 credit of the agricultural soil and water conservation fund, on
172-5 appropriation by the legislature to the board, the Department of
172-6 Agriculture, the State Soil and Water Conservation Board, the Texas
172-7 Agricultural Experiment Station, the Texas Agricultural Extension
172-8 Service, public colleges and universities, and other state agencies
172-9 shall be used for the following purposes:
172-10 (1) agricultural water conservation technical
172-11 assistance programs;
172-12 (2) agricultural water conservation, education, and
172-13 demonstration programs;
172-14 (3) purchase of equipment, including demonstration and
172-15 educational equipment;
172-16 (4) grants made to groundwater [underground water]
172-17 conservation districts and political subdivisions for the purchase
172-18 of equipment under programs established by Subchapter H of this
172-19 chapter;
172-20 (5) research in water utilization and conservation
172-21 including artificial recharge and secondary recovery of groundwater
172-22 [underground water];
172-23 (6) desalination [desalinization];
172-24 (7) weather modification;
172-25 (8) technical assistance programs for developing
172-26 on-farm soil and water conservation plans developed jointly by
173-1 landowners and operators and local soil and water conservation
173-2 districts, as provided by Subchapter H, Chapter 201, Agriculture
173-3 Code;
173-4 (9) research and demonstration relating to the
173-5 production of native and low-water-use plants and water-efficient
173-6 crops;
173-7 (10) a pilot program for low-interest loans for the
173-8 purchase of agricultural water conservation systems established by
173-9 Subchapter I of this chapter; [and]
173-10 (11) research, demonstration, and education relating
173-11 to brush control; and
173-12 (12) regionalization designed to promote agricultural
173-13 water conservation.
173-14 SECTION 4.13. Section 15.471, Water Code, is amended to read
173-15 as follows:
173-16 Sec. 15.471. GRANTS; PURPOSES. The board may make grants of
173-17 money to groundwater [underground water] conservation districts, to
173-18 political subdivisions, and to other districts created under
173-19 Article III, Sections 52(b)(1) and (2), or Article XVI, Section 59,
173-20 of the Texas Constitution for purchasing equipment required for:
173-21 (1) measurement and evaluation of irrigation systems
173-22 and agricultural water conservation practices on irrigated land,
173-23 dryland, and rangeland;
173-24 (2) demonstration of efficient irrigation systems and
173-25 agricultural water conservation practices on irrigated land,
173-26 dryland, and rangeland;
174-1 (3) testing and evaluation of water quality and the
174-2 suitability of water from groundwater or surface water resources
174-3 for irrigation, rural domestic use, livestock, or agricultural
174-4 industry use;
174-5 (4) demonstration of efficient or sound chemical
174-6 application and evaluation or demonstration of systems which will
174-7 prevent contamination of groundwater and surface water from
174-8 chemicals and other substances used in agriculture; or
174-9 (5) measurement and data collection related to the
174-10 conservation of groundwater resources.
174-11 SECTION 4.14. Section 15.602, Water Code, is amended by
174-12 adding a new Subdivision (8) and redesignating existing
174-13 Subdivisions (8) through (14) to read as follows:
174-14 (8) "Person" means an individual, corporation,
174-15 partnership, association, state, municipality, commission, or
174-16 political subdivision of a state or any interstate body, as defined
174-17 by Section 502 of the federal act, including a political
174-18 subdivision as defined by this subchapter, if the person is
174-19 eligible for financial assistance under federal law establishing
174-20 the revolving fund.
174-21 (9) "Political subdivision" means a municipality,
174-22 intermunicipal, interstate, or state agency, any other public
174-23 entity eligible for assistance under this subchapter, or a
174-24 nonprofit water supply corporation created and operating under
174-25 Chapter 67, if such entity is eligible for financial assistance
174-26 under federal law establishing the state revolving fund or an
175-1 additional state revolving fund.
175-2 (10) [(9)] "Public water system" means a system that
175-3 is owned by any person and that meets the definition of public
175-4 water system in the Safe Drinking Water Act.
175-5 (11) [(10)] "Public works" means any project to
175-6 acquire, construct, improve, repair, or otherwise provide any
175-7 buildings, structures, facilities, equipment, or other real or
175-8 personal property or improvements designed for public use,
175-9 protection, or enjoyment undertaken by a political subdivision and
175-10 paid for, in whole or in part, out of public funds.
175-11 (12) [(11)] "Revolving fund" means the state water
175-12 pollution control revolving fund.
175-13 (13) [(12)] "Safe Drinking Water Act" means Title XIV
175-14 of the federal Public Health Service Act, commonly known as the
175-15 Safe Drinking Water Act, as amended (42 U.S.C. Section 300f et
175-16 seq.).
175-17 (14) [(13)] "Safe drinking water revolving fund" means
175-18 the fund established by the board as an additional state revolving
175-19 fund to provide financial assistance in accordance with the federal
175-20 program established pursuant to the provisions of the Safe Drinking
175-21 Water Act.
175-22 (15) [(14)] "Treatment works" has the meaning
175-23 established by the federal act and the eligible components of the
175-24 management programs established by Sections 319 and 320 of the
175-25 federal act.
175-26 SECTION 4.15. Subsection (a), Section 15.603, Water Code, is
176-1 amended to read as follows:
176-2 (a) The revolving fund is held separately from other funds
176-3 by the board outside the State Treasury to provide financial
176-4 assistance to political subdivisions for construction of treatment
176-5 works and to persons for nonpoint source pollution control and
176-6 estuary management projects.
176-7 SECTION 4.16. Subsection (a), Section 15.604, Water Code, is
176-8 amended to read as follows:
176-9 (a) The board may use the revolving fund for financial
176-10 assistance only as provided by the federal act:
176-11 (1) to make loans, on the conditions that:
176-12 (A) those loans are made at or below market
176-13 interest rates, including interest-free loans, at terms not to
176-14 exceed 20 years;
176-15 (B) principal and interest payments will begin
176-16 not later than one year after completion of any treatment works and
176-17 all loans will be fully amortized not later than 20 years after
176-18 completion of the treatment works;
176-19 (C) the recipient of a loan will establish a
176-20 dedicated source of revenue for repayment of loans; and
176-21 (D) the revolving fund will be credited with all
176-22 payments of principal of and interest on all loans;
176-23 (2) to buy or refinance the debt obligation of
176-24 political subdivisions at or below market rates if the debt
176-25 obligations were incurred after March 7, 1985;
176-26 (3) to guarantee or purchase insurance for political
177-1 subdivisions if the guarantee or insurance would improve access to
177-2 market credit or reduce interest rates;
177-3 (4) as a source of revenue or security for the payment
177-4 of principal and interest on bonds issued by the state if the
177-5 proceeds of the sale of those bonds will be deposited in the
177-6 revolving fund;
177-7 (5) to provide loan guarantees to similar revolving
177-8 funds established by municipalities or intermunicipal agencies;
177-9 (6) to earn interest on revolving fund accounts;
177-10 (7) for the reasonable costs of administering the
177-11 revolving fund and conducting activities provided for by Title VI
177-12 of the federal act, except that those amounts may not exceed the
177-13 amount authorized under Title VI of the federal act; [and]
177-14 (8) to provide financial assistance to persons for a
177-15 nonpoint source pollution control project pursuant to Section 319
177-16 of the federal act or for an estuary management project pursuant to
177-17 Section 320 of the federal act; and
177-18 (9) for other purposes as provided by the federal act.
177-19 SECTION 4.17. Section 15.607, Water Code, is amended to read
177-20 as follows:
177-21 Sec. 15.607. APPROVAL OF APPLICATION. On review of
177-22 recommendations by the executive administrator, the board by
177-23 resolution may approve an application if the board finds that in
177-24 its opinion the revenue or taxes or both revenue and taxes pledged
177-25 by the applicant will be sufficient to meet all the obligations
177-26 assumed by the applicant [political subdivision] and that the
178-1 application and assistance applied for meet the requirements of the
178-2 federal act and state law. A program of water conservation for the
178-3 more effective use of water shall be required in the same manner as
178-4 required for approval of an application for financial assistance
178-5 under Section 15.106 of this code.
178-6 SECTION 4.18. Subchapter C, Chapter 16, Water Code, is
178-7 amended by adding Section 16.059 to read as follows:
178-8 Sec. 16.059. COLLECTION OF INSTREAM FLOW DATA; CONDUCT OF
178-9 STUDIES. (a) The Parks and Wildlife Department and the board, in
178-10 cooperation with other appropriate governmental agencies, shall
178-11 jointly establish and continuously maintain an instream flow data
178-12 collection and evaluation program and shall conduct studies and
178-13 analyses to determine flow conditions in the state's rivers and
178-14 streams necessary to support a sound ecological environment.
178-15 (b) The Parks and Wildlife Department and the board shall
178-16 each designate an employee to share equally in the oversight of the
178-17 program studies. Other responsibilities shall be divided between
178-18 the Parks and Wildlife Department and the board to maximize present
178-19 in-house capabilities of personnel and equipment and to minimize
178-20 costs to the state.
178-21 (c) The Parks and Wildlife Department and the board shall
178-22 each have reasonable access to all data, studies, analyses,
178-23 information, and reports produced by the other agency.
178-24 (d) The priority studies shall be completed not later than
178-25 December 31, 2010. The Parks and Wildlife Department and the board
178-26 shall establish a work plan that prioritizes the studies and that
179-1 sets interim deadlines providing for publication of flow
179-2 determinations for individual rivers and streams on a reasonably
179-3 consistent basis throughout the prescribed study period. Before
179-4 publication, completed studies shall be submitted for comment to
179-5 both the board and the Parks and Wildlife Department.
179-6 (e) Results of studies completed under this section shall be
179-7 considered by the commission in its review of any management plan,
179-8 water right, or interbasin transfer.
179-9 (f) The board may authorize the use of money from the
179-10 research and planning fund established under Chapter 15 to
179-11 accomplish the purposes of this section. The money shall be used
179-12 by the board in cooperation with the Parks and Wildlife Department
179-13 for interagency contracts with cooperating agencies and
179-14 universities and contracts with private sector establishments, as
179-15 necessary, to accomplish the purposes of this section.
179-16 SECTION 4.19. Subsection (c), Section 17.853, Water Code, is
179-17 amended to read as follows:
179-18 (c) The board may use the fund only:
179-19 (1) to provide state matching funds for federal funds
179-20 provided to the state water pollution control revolving fund or to
179-21 any additional state revolving fund created under Subchapter J,
179-22 Chapter 15;
179-23 (2) to provide financial assistance from the proceeds
179-24 of taxable bond issues to water supply corporations organized under
179-25 Chapter 67, and other participants;
179-26 (3) to provide financial assistance to participants
180-1 for the construction of water supply projects and treatment works;
180-2 (4) to provide financial assistance for an interim
180-3 construction period to participants for projects for which the
180-4 board will provide long-term financing through the water
180-5 development fund; [and]
180-6 (5) to provide financial assistance for water supply
180-7 and sewer service projects in economically distressed areas as
180-8 provided by Subchapter K, Chapter 17, to the extent the board can
180-9 make that assistance without adversely affecting the current or
180-10 future integrity of the fund or of any other financial assistance
180-11 program of the board; and
180-12 (6) to provide funds to the water infrastructure fund
180-13 created under Section 15.903.
180-14 SECTION 4.20. Subdivisions (2) and (6), Section 17.871,
180-15 Water Code, are amended to read as follows:
180-16 (2) "Borrower district" means a political subdivision,
180-17 including a district or authority created under Article III,
180-18 Sections 52(b)(1) and (2), or Article XVI, Section 59, of the Texas
180-19 Constitution, that receives or is eligible to receive a
180-20 conservation loan from the board for a purpose described by Section
180-21 17.895 or 17.8955 [improvement to district facilities].
180-22 (6) "Lender district" means a political subdivision,
180-23 including a soil and water conservation district under Chapter 201,
180-24 Agriculture Code, a groundwater [an underground water] conservation
180-25 district created under Article XVI, Section 59, of the Texas
180-26 Constitution, or a district or authority created under Article III,
181-1 Section 52(b)(1), or Article XVI, Section 59, of the Texas
181-2 Constitution authorized to supply water for irrigation purposes,
181-3 that is eligible to receive or that receives a loan from the board
181-4 for the purpose of making conservation loans to individual
181-5 borrowers.
181-6 SECTION 4.21. Section 17.895, Water Code, is amended to read
181-7 as follows:
181-8 Sec. 17.895. CONSERVATION LOANS. (a) This section applies
181-9 only to a conservation loan from a lender district that is:
181-10 (1) a soil and water conservation district under
181-11 Chapter 201, Agriculture Code;
181-12 (2) a groundwater conservation district created under
181-13 Section 59, Article XVI, Texas Constitution; or
181-14 (3) a district or authority created under Section
181-15 52(b)(1), Article III, or Section 59, Article XVI, Texas
181-16 Constitution.
181-17 (b) The board or a lender district [districts] may make
181-18 conservation loans for capital equipment or materials, labor,
181-19 preparation costs, and installation costs:
181-20 (1) to improve water use efficiency of water delivery
181-21 and application on existing irrigation systems;
181-22 (2) for preparing irrigated land to be converted to
181-23 dryland conditions; and
181-24 (3) for preparing dryland for more efficient use of
181-25 natural precipitation[;]
181-26 [(4) for preparing and maintaining land to be used for
182-1 brush control activities, including but not limited to activities
182-2 conducted pursuant to Chapter 203, Agriculture Code; or]
182-3 [(5) for implementing precipitation enhancement
182-4 activities in areas of the state where such activities would be, in
182-5 the board's judgment, most effective].
182-6 (c) [(b)] Conservation loans for the purposes listed in
182-7 Subsection (b) [(a)] may be made by lender districts to individual
182-8 borrowers for use on private property or by the board to borrower
182-9 districts [for use on district facilities].
182-10 (d) [(c)] The board may make conservation loans to borrower
182-11 districts for the cost of purchasing and installing devices, on
182-12 public or private property, designed to indicate the amount of
182-13 water withdrawn for irrigation purposes.
182-14 (e) [(d)] For purposes of this section, the board or lender
182-15 districts may seek the advice of the Department of Agriculture
182-16 regarding the feasibility of a project for which a conservation
182-17 loan is sought.
182-18 SECTION 4.22. Subchapter J, Chapter 17, Water Code, is
182-19 amended by adding Section 17.8955 to read as follows:
182-20 Sec. 17.8955. CONSERVATION LOANS FOR BRUSH CONTROL AND
182-21 PRECIPITATION ENHANCEMENT. (a) The board or a lender district may
182-22 make a conservation loan for capital equipment or materials, labor,
182-23 preparation costs, and installation costs for:
182-24 (1) preparing and maintaining land to be used for
182-25 brush control activities, including activities conducted under
182-26 Chapter 203, Agriculture Code; or
183-1 (2) implementing precipitation enhancement activities
183-2 in areas of the state where those activities would be, in the
183-3 board's judgment, most effective.
183-4 (b) A conservation loan for a purpose listed in Subsection
183-5 (a) may be made by a lender district to an individual borrower for
183-6 use on private property or by the board to a borrower district.
183-7 SECTION 4.23. Subchapter L, Chapter 17, Water Code, is
183-8 amended by adding Section 17.9615 to read as follows:
183-9 Sec. 17.9615. TRANSFERS TO RURAL WATER ASSISTANCE FUND.
183-10 (a) The board may direct the comptroller to transfer amounts from
183-11 the financial assistance account to the rural water assistance fund
183-12 created by Subchapter P, Chapter 15, to provide financial
183-13 assistance pursuant to this subchapter for the purposes provided in
183-14 Section 15.954.
183-15 (b) The board shall use the rural water assistance fund as a
183-16 source of revenue to be deposited in accordance with this
183-17 subchapter for the payment of principal and interest on water
183-18 financial assistance bonds issued by the board, the proceeds of
183-19 which are to be deposited into the rural water assistance fund and
183-20 to be used to make payments under a bond enhancement agreement with
183-21 respect to principal or interest on the water financial assistance
183-22 bonds.
183-23 SECTION 4.24. Subchapter L, Chapter 17, Water Code, is
183-24 amended by adding Section 17.9616 to read as follows:
183-25 Sec. 17.9616. TRANSFER TO WATER INFRASTRUCTURE FUND.
183-26 (a) The board may direct the comptroller to transfer amounts from
184-1 the financial assistance account to the water infrastructure fund
184-2 created by Subchapter O, Chapter 15, to provide financial
184-3 assistance under this subchapter for the purposes provided in
184-4 Section 15.904.
184-5 (b) The board shall use the water infrastructure fund as a
184-6 source of revenue to be deposited in accordance with this
184-7 subchapter for the payment of principal and interest on water
184-8 financial assistance bonds issued by the board, the proceeds of
184-9 which are to be deposited into the water infrastructure fund and to
184-10 be used to make payments under a bond enhancement agreement with
184-11 respect to principal or interest on the water financial assistance
184-12 bonds.
184-13 SECTION 4.25. Section 11.32, Tax Code, is amended to read as
184-14 follows:
184-15 Sec. 11.32. CERTAIN WATER CONSERVATION INITIATIVES. The
184-16 governing body of a taxing unit by official action of the governing
184-17 body adopted in the manner required by law for official actions may
184-18 exempt from taxation part or all of the assessed value of property
184-19 on which approved water conservation initiatives, desalination
184-20 projects, or brush control initiatives have been implemented. For
184-21 purposes of this section, approved water conservation,
184-22 desalination, and brush control initiatives shall be designated
184-23 pursuant to an ordinance or other law adopted by the governing
184-24 unit.
184-25 SECTION 4.26. Subchapter H, Chapter 151, Tax Code, is
184-26 amended by adding Section 151.355 to read as follows:
185-1 Sec. 151.355. WATER-RELATED EXEMPTIONS. The following are
185-2 exempted from taxes imposed by this chapter:
185-3 (1) rainwater harvesting equipment or supplies, water
185-4 recycling and reuse equipment or supplies, or other equipment,
185-5 services, or supplies used to reduce or eliminate water use;
185-6 (2) equipment, services, or supplies used for
185-7 desalination of surface water or groundwater;
185-8 (3) equipment, services, or supplies used for brush
185-9 control designed to enhance the availability of water;
185-10 (4) equipment, services, or supplies used for
185-11 precipitation enhancement;
185-12 (5) equipment, services, or supplies used to construct
185-13 or operate a water or wastewater system certified by the Texas
185-14 Natural Resource Conservation Commission as a regional system; and
185-15 (6) equipment, services, or supplies used to construct
185-16 or operate a water supply or wastewater system by a private entity
185-17 as a public-private partnership, as certified by the political
185-18 subdivision that is a party to the project.
185-19 ARTICLE 5. JOINT COMMITTEE ON WATER INFRASTRUCTURE
185-20 SECTION 5.01. In this article, "committee" means the joint
185-21 committee on water infrastructure.
185-22 SECTION 5.02. The committee shall conduct an interim study
185-23 and make recommendations regarding:
185-24 (1) water marketing;
185-25 (2) water financing; and
185-26 (3) water conveyance systems.
186-1 SECTION 5.03. The committee is composed of six members as
186-2 follows:
186-3 (1) the chair of the Senate Committee on Natural
186-4 Resources and the chair of the House Committee on Natural
186-5 Resources;
186-6 (2) two members of the senate appointed by the
186-7 lieutenant governor; and
186-8 (3) two members of the house of representatives
186-9 appointed by the speaker of the house of representatives.
186-10 SECTION 5.04. The committee shall:
186-11 (1) meet at least annually with the Texas Natural
186-12 Resource Conservation Commission and the Texas Water Development
186-13 Board; and
186-14 (2) receive information relating to:
186-15 (A) encouraging the effective development of
186-16 water marketing and water movement; and
186-17 (B) prioritizing the use of state funds for
186-18 financing the development and conservation of water resources.
186-19 SECTION 5.05. Not later than November 1, 2002, the committee
186-20 shall make a final report to the lieutenant governor, the speaker
186-21 of the house of representatives, and the 78th Legislature
186-22 evaluating the issues described in Section 5.02 of this article.
186-23 SECTION 5.06. The committee has the authority necessary to
186-24 perform its duties and, in connection with those duties, may call
186-25 and hold hearings.
186-26 SECTION 5.07. The committee may request the assistance of
187-1 state agencies, departments, or offices to carry out its duties.
187-2 SECTION 5.08. The Senate Committee on Natural Resources and
187-3 the House Committee on Natural Resources shall provide staff to the
187-4 committee.
187-5 SECTION 5.09. The committee shall submit a proposed budget
187-6 to the appropriate committee on administration in each house of the
187-7 legislature. The administration committees shall jointly approve
187-8 the committee budget in an amount appropriate for the committee to
187-9 accomplish its duties under this article.
187-10 SECTION 5.10. The committee may travel around the state and
187-11 hold hearings or public meetings as needed to fulfill its duties
187-12 under this article.
187-13 SECTION 5.11. This article expires and the committee is
187-14 abolished on January 1, 2003.
187-15 ARTICLE 6. REPEALER; TRANSITION; SAVING; EFFECTIVE DATE
187-16 SECTION 6.01. Sections 35.005, 35.006, and 36.121 and
187-17 Subsection (d), Section 36.013, Water Code, are repealed.
187-18 SECTION 6.02. (a) The changes in law made by this Act to
187-19 Section 11.085, Water Code, apply to an application for a water
187-20 right, or an amendment to a permit, certified filing, or
187-21 certificate of adjudication authorizing an interbasin transfer of
187-22 water, that is accepted for filing on or after the effective date
187-23 of this Act. An application for a water right, or an amendment to
187-24 a permit, certified filing, or certificate of adjudication
187-25 authorizing an interbasin transfer of water, that is accepted for
187-26 filing before the effective date of this Act is governed by the law
188-1 in effect immediately before that date, and that law is continued
188-2 in effect for that purpose.
188-3 (b) The changes in law made by this Act by amending Section
188-4 17.895, Water Code, and adding Section 17.8955, Water Code, apply
188-5 only to a conservation loan for which an application is filed on or
188-6 after the effective date of this Act. A conservation loan for
188-7 which an application was filed before the effective date of this
188-8 Act is governed by the law in effect immediately before that date,
188-9 and that law is continued in effect for that purpose.
188-10 (c) The Texas Water Advisory Council shall review the first
188-11 group described under Section 9.010, Water Code, as added by this
188-12 Act, at the third quarterly meeting held by the council.
188-13 (d) Not later than January 1, 2002, the Texas Water
188-14 Development Board shall adopt rules to administer Subchapter O,
188-15 Chapter 15, Water Code, as added by this Act, including rules
188-16 establishing procedures for applications for and for the awarding
188-17 of financial assistance for water projects, for the investment of
188-18 funds, and for the administration of the water infrastructure fund
188-19 created by this Act.
188-20 (e) Not later than January 1, 2002, the Texas Water
188-21 Development Board shall adopt rules to administer Subchapter P,
188-22 Chapter 15, Water Code, as added by this Act, including
188-23 establishing procedures for the application for and award of loans,
188-24 the distribution of loans, the investment of funds, and the
188-25 administration of loans and the rural water assistance fund.
188-26 (f) Not later than January 1, 2002, the Texas Water
189-1 Development Board shall adopt rules requiring a holder of a surface
189-2 water permit, certified filing, or certificate of adjudication for
189-3 surface water, a holder of a permit for the export of groundwater
189-4 from a groundwater conservation district, a retail public water
189-5 supplier, a wholesale water provider, and an irrigation district to
189-6 report to the board information on certain water pipelines and
189-7 other facilities that can be used for water conveyance.
189-8 SECTION 6.03. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
189-9 (a) The proper and legal notice of the intention to introduce this
189-10 Act, setting forth the general substance of this Act, has been
189-11 published as provided by law, and the notice and a copy of this Act
189-12 have been furnished to all persons, agencies, officials, or
189-13 entities to which they are required to be furnished by the
189-14 constitution and other laws of this state, including the governor,
189-15 who has submitted the notice and Act to the Texas Natural Resource
189-16 Conservation Commission.
189-17 (b) The Texas Natural Resource Conservation Commission has
189-18 filed its recommendations relating to this Act with the governor,
189-19 lieutenant governor, and speaker of the house of representatives
189-20 within the required time.
189-21 (c) All requirements of the constitution and laws of the
189-22 state and the rules and procedures of the legislature with respect
189-23 to the notice, introduction, and passage of this Act are fulfilled
189-24 and accomplished.
189-25 SECTION 6.04. If any provision of this Act or its
189-26 application to any person or circumstance is held invalid, the
190-1 invalidity does not affect other provisions or applications of this
190-2 Act that can be given effect without the invalid provision or
190-3 application, and to this end the provisions of this Act are
190-4 declared to be severable.
190-5 SECTION 6.05. This Act takes effect September 1, 2001.