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. DEFINITIONS. 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
1-21 consists 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, one representing groundwater management, one
2-11 representing surface water management, and one representing the
2-12 environmental community.
2-13 (b) Council members may not delegate participation or
2-14 council duties to staff.
2-15 Sec. 9.003. TERMS. (a) Except for the commissioner of the
2-16 General Land Office and the commissioner of agriculture, council
2-17 members who are officials of state agencies serve terms as
2-18 determined by the chairman of each agency.
2-19 (b) Council members who are members of the general public
2-20 serve staggered six-year terms with the term of one member expiring
2-21 August 31 of each odd-numbered year.
2-22 (c) Council members may be reappointed to serve additional
2-23 terms.
2-24 (d) A vacancy on the council shall be filled by appointment
2-25 by the original appointing authority for the unexpired term.
2-26 Sec. 9.004. OFFICERS OF THE COUNCIL. (a) The governor
3-1 shall appoint a council member as the chair of the council for a
3-2 two-year term expiring May 31 of each even-numbered year.
3-3 (b) The council shall have a secretary of the council who
3-4 serves at the pleasure of the council and is accountable only to
3-5 the council.
3-6 Sec. 9.005. COUNCIL STAFF. On request by the council, the
3-7 commission, the Parks and Wildlife Department, the Department of
3-8 Agriculture, and the Texas Water Development Board shall provide
3-9 any staff other than the secretary of the council necessary to
3-10 assist the council in the performance of its duties.
3-11 Sec. 9.006. MEETINGS. (a) The council shall meet at least
3-12 once in each calendar quarter. Six members constitute a quorum.
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 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) Reimbursement under Subsection (a) is subject to the
3-20 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 recommendations on state water policy
3-26 initiatives, 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 bay and estuary and instream flow recommendations developed by
4-15 the Parks and Wildlife Department, the commission, and the Texas
4-16 Water 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) adopt 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 lend money for the construction of water
5-11 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 a specific permit or project
5-19 or recommendation for a project until the water permit has been
5-20 issued by the state and all motions for rehearing have been
5-21 overruled.
5-22 Sec. 9.009. REPORT. Not later than December 1 of each
5-23 even-numbered year, the council shall submit a report to the
5-24 governor, lieutenant governor, and speaker of the house of
5-25 representatives and to the senate and house standing committees
5-26 with primary responsibility over water resource management and
6-1 financing. The report must include findings of the council made in
6-2 the periodic reviews of authorities during the preceding two-year
6-3 period and any other findings and recommendations the council
6-4 considers necessary.
6-5 Sec. 9.010. ANALYSIS OF AUTHORITIES. (a) On a five-year
6-6 cycle, each authority shall provide the council with the
6-7 information required by Sections 9.011 and 9.012. The information
6-8 shall be provided to the council in the order of groups described
6-9 in Subsection (b), with the information submitted by group 1 by the
6-10 council's first quarterly meeting of the five-year period and group
6-11 2 submitted by the council's third quarterly meeting of the period.
6-12 The council shall continue in numerical order to receive the
6-13 information by each group at every other quarterly meeting until
6-14 all 10 groups have been completed and then shall recommence the
6-15 cycle.
6-16 (b) Authorities shall provide the information under
6-17 Subsection (a) in the following groups:
6-18 (1) in group 1, Northeast Texas Municipal Water
6-19 District;
6-20 (2) in group 2, Angelina and Neches River Authority,
6-21 Lower Neches Valley Authority, Sabine River Authority, and Upper
6-22 Neches River Municipal Water Authority;
6-23 (3) in group 3, Red River Authority of Texas, Sulphur
6-24 River Municipal Water District, and Sulphur River Basin Authority;
6-25 (4) in group 4, San Jacinto River Authority, Gulf
6-26 Coast Water Authority, and North Harris County Regional Water
7-1 Authority;
7-2 (5) in group 5, North Texas Municipal Water District,
7-3 Tarrant Regional Water District, Trinity River Authority of Texas,
7-4 and Dallas County Utility and Reclamation District;
7-5 (6) in group 6, Brazos River Authority, West Central
7-6 Texas Municipal Water District, and North Central Texas Municipal
7-7 Water Authority;
7-8 (7) in group 7, Guadalupe-Blanco River Authority,
7-9 Lavaca-Navidad River Authority, Lower Colorado River Authority, and
7-10 Upper Guadalupe River Authority;
7-11 (8) in group 8, Nueces River Authority, San Antonio
7-12 River Authority, and Bexar-Medina-Atascosa Counties Water Control
7-13 and Improvement District No. 1;
7-14 (9) in group 9, Colorado River Municipal Water
7-15 District, Central Colorado River Authority, and Upper Colorado
7-16 River Authority; and
7-17 (10) in group 10, Canadian River Municipal Water
7-18 Authority and Mackenzie Municipal Water Authority.
7-19 (c) The council may not require an authority under this
7-20 section to submit the information required under Section 9.012 more
7-21 than once every five years. The council may, however, request an
7-22 authority that has submitted information to provide follow-up
7-23 information on any specific item or issue raised during the initial
7-24 council analysis.
7-25 (d) The council, on a request by an authority, may modify
7-26 the schedule in order to have the flexibility in scheduling the
8-1 information submittal and council analysis, if needed, to be more
8-2 responsive to particular circumstances, changing conditions, or
8-3 time-sensitive conflicts.
8-4 Sec. 9.011. PERFORMANCE STANDARDS. (a) Before its
8-5 five-year analysis under Section 9.010, an authority shall report
8-6 to the council a self-assessment of:
8-7 (1) how the authority is achieving its stated mission
8-8 and goals, including an identification of any barriers to achieving
8-9 the mission and goals;
8-10 (2) how the authority is providing service to its
8-11 customers, including mechanisms the authority provides to encourage
8-12 input from the public and its customers;
8-13 (3) how the authority is addressing issues raised by
8-14 its most recent management audit, if the audit is required by
8-15 commission rule to be performed, including its administrative
8-16 policies; and
8-17 (4) the authority's role in the regional water
8-18 planning process.
8-19 (b) The authority's report to the council under this section
8-20 must include recommendations related to:
8-21 (1) any interregional issues the authority has
8-22 identified as problematic and any potential solutions to those
8-23 issues; and
8-24 (2) solutions to any barriers the authority determines
8-25 are interfering with the successful implementation of the approved
8-26 regional water plan or state water plan.
9-1 Sec. 9.012. ADMINISTRATIVE POLICIES FOR AUTHORITIES. The
9-2 commission shall expand the applicability of its rules under 30
9-3 T.A.C. Chapter 292 to include all the authorities subject to this
9-4 chapter. The commission shall provide the council with copies of
9-5 the most recent information provided by each authority in
9-6 accordance with its administrative rules.
9-7 Sec. 9.013. GIFTS AND GRANTS. The council may accept gifts
9-8 and grants from any source to carry out the purposes of this
9-9 chapter. The use of gifts and grants other than legislative
9-10 appropriations is subject only to limitations contained in the gift
9-11 or grant.
9-12 Sec. 9.014. FUNDING. (a) The interagency water advisory
9-13 account is a special account in the general revenue fund.
9-14 (b) The interagency water advisory account consists of
9-15 legislative appropriations, gifts and grants received under Section
9-16 9.013, and other money required by law to be deposited in the
9-17 account.
9-18 (c) Money in the interagency water advisory account may be
9-19 used only as provided by this chapter.
9-20 Sec. 9.015. CONTINUING RIGHT OF SUPERVISION. Nothing in
9-21 this chapter affects the continuing right of supervision over
9-22 authorities by the commission as provided by Section 12.081.
9-23 Sec. 9.016. PUBLIC PARTICIPATION. The council shall
9-24 encourage public input regarding the exercise of its powers and
9-25 duties under Section 9.008, its preparation of the report described
9-26 in Section 9.009, and its analysis of authorities under Sections
10-1 9.010 and 9.011.
10-2 Sec. 9.017. DISSOLUTION OF COUNCIL AND ACCOUNT. Unless
10-3 extended by the 78th Texas Legislature, this chapter and the
10-4 interagency water advisory account expire on September 1, 2005.
10-5 ARTICLE 2. SURFACE WATER AND GROUNDWATER
10-6 CONJUNCTIVE MANAGEMENT; REGULATORY INCENTIVES
10-7 SECTION 2.01. Section 11.002, Water Code, is amended by
10-8 adding Subdivisions (11), (12), (13), and (14) to read as follows:
10-9 (11) "River basin" means a river or coastal basin
10-10 designated by the board as a river basin under Section 16.051. The
10-11 term does not include waters originating in bays or arms of the
10-12 Gulf of Mexico.
10-13 (12) "Agriculture" means any of the following
10-14 activities:
10-15 (A) cultivating the soil to produce crops for
10-16 human food, animal feed, or planting seed or for the production of
10-17 fibers;
10-18 (B) the practice of floriculture, viticulture,
10-19 silviculture, and horticulture, including the cultivation of plants
10-20 in containers or nonsoil media, by a nursery grower;
10-21 (C) raising, feeding, or keeping animals for
10-22 breeding purposes or for the production of food or fiber, leather,
10-23 pelts, or other tangible products having a commercial value;
10-24 (D) raising or keeping equine animals;
10-25 (E) wildlife management; and
10-26 (F) 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) agricultural uses and industrial uses, meaning
11-22 processes designed to convert materials of a lower order of value
11-23 into forms having greater usability and commercial value, including
11-24 the development of power by means other than hydroelectric;
11-25 (3) [irrigation;]
11-26 [(4)] mining and recovery of minerals;
12-1 (4) [(5)] hydroelectric power;
12-2 (5) [(6)] navigation;
12-3 (6) [(7)] recreation and pleasure;
12-4 (7) [(8) stock raising;]
12-5 [(9)] public parks; and
12-6 (8) [(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, which means
12-24 [meaning] processes designed to convert materials of a lower order
12-25 of value into forms having greater usability and commercial value,
12-26 including the development of power by means other than
13-1 hydroelectric;
13-2 (3) [irrigation;]
13-3 [(4)] mining and recovery of minerals;
13-4 (4) [(5)] hydroelectric power;
13-5 (5) [(6)] navigation;
13-6 (6) [(7)] recreation and pleasure; and
13-7 (7) [(8)] other beneficial uses.
13-8 SECTION 2.04. Section 11.038, Water Code, is amended to read
13-9 as follows:
13-10 Sec. 11.038. RIGHTS OF OWNERS OF LAND ADJOINING CANAL, ETC.
13-11 (a) A person who owns or holds a possessory interest in land
13-12 adjoining or contiguous to a canal, ditch, flume, lateral, dam,
13-13 reservoir, or lake constructed and maintained under the provisions
13-14 of this chapter and who has secured a right to the use of water in
13-15 the canal, ditch, flume, lateral, dam, reservoir, or lake is
13-16 entitled to be supplied from the canal, ditch, flume, lateral, dam,
13-17 reservoir, or lake with water [for irrigation of the land and] for
13-18 agricultural uses, mining, milling, manufacturing, development of
13-19 power, and stock raising, in accordance with the terms of the
13-20 person's [his] contract.
13-21 (b) If the person, association of persons, or corporation
13-22 owning or controlling the water and the person who owns or holds a
13-23 possessory interest in the adjoining land cannot agree on a price
13-24 for a permanent water right or for the use of enough water for
13-25 irrigation of the person's land or for agricultural uses, mining,
13-26 milling, manufacturing, development of power, or stock raising,
14-1 then the party owning or controlling the water, if the person [he]
14-2 has any water not contracted to others, shall furnish the water
14-3 necessary for these purposes at reasonable and nondiscriminatory
14-4 prices.
14-5 SECTION 2.05. Subsection (p), Section 11.085, Water Code, is
14-6 amended to read as follows:
14-7 (p) [For the purposes of this section, a basin is designated
14-8 as provided in accordance with Section 16.051 of this code.] A
14-9 river basin may not be redesignated in order to allow a transfer or
14-10 diversion of water otherwise in violation of this section.
14-11 SECTION 2.06. Section 11.088, Water Code, is amended to read
14-12 as follows:
14-13 Sec. 11.088. DESTRUCTION OF WATERWORKS. No person may
14-14 wilfully cut, dig, break down, destroy, or injure or open a gate,
14-15 bank, embankment, or side of any ditch, canal, reservoir, flume,
14-16 tunnel or feeder, pump or machinery, building, structure, or other
14-17 work which is the property of another, or in which another owns an
14-18 interest, or which is lawfully possessed or being used by another,
14-19 and which is used for [irrigation,] milling, mining, manufacturing,
14-20 the development of power, domestic purposes, agricultural uses, or
14-21 stock raising, with intent to:
14-22 (1) maliciously injure a person, association,
14-23 corporation, water improvement or irrigation district;
14-24 (2) gain advantage for himself; or
14-25 (3) take or steal water or cause water to run out or
14-26 waste out of the ditch, canal, or reservoir, feeder, or flume for
15-1 his own advantage or to the injury of a person lawfully entitled to
15-2 the use of the water or the use or management of the ditch, canal,
15-3 tunnel, reservoir, feeder, flume, machine, structure, or other
15-4 irrigation work.
15-5 SECTION 2.07. Subsection (a), Section 11.122, Water Code, is
15-6 amended to read as follows:
15-7 (a) All holders of permits, certified filings, and
15-8 certificates of adjudication issued under Section 11.323 of this
15-9 code shall obtain from the commission authority to change the place
15-10 of use, purpose of use, point of diversion, rate of diversion,
15-11 acreage to be irrigated, or otherwise alter a water right. Without
15-12 obtaining an amendment, the holder of a permit, certified filing,
15-13 or certificate of adjudication that includes industrial or
15-14 irrigation use may use or supply water for an agricultural use that
15-15 was classified as industrial or irrigation before September 1,
15-16 2001.
15-17 SECTION 2.08. Subsection (b), Section 11.134, Water Code, is
15-18 amended to read as follows:
15-19 (b) The commission shall grant the application only if:
15-20 (1) the application conforms to the requirements
15-21 prescribed by this chapter and is accompanied by the prescribed
15-22 fee;
15-23 (2) unappropriated water is available in the source of
15-24 supply;
15-25 (3) the proposed appropriation:
15-26 (A) is intended for a beneficial use;
16-1 (B) does not impair existing water rights or
16-2 vested riparian rights;
16-3 (C) is not detrimental to the public welfare;
16-4 (D) considers the assessments performed under
16-5 Sections 11.147(d) and (e) and Sections 11.150, 11.151, and 11.152
16-6 [effects of any hydrological connection between surface water and
16-7 groundwater]; and
16-8 (E) addresses a water supply need in a manner
16-9 that is consistent with the state water plan and the relevant [an]
16-10 approved regional water plan for any area in which the proposed
16-11 appropriation is located, unless the commission determines that
16-12 conditions warrant waiver of this requirement; and
16-13 (4) the applicant has provided evidence that
16-14 reasonable diligence will be used to avoid waste and achieve water
16-15 conservation as defined by Subdivision (8)(B), Section 11.002[, of
16-16 this code].
16-17 SECTION 2.09. Section 11.142, Water Code, is amended to read
16-18 as follows:
16-19 Sec. 11.142. PERMIT EXEMPTIONS. (a) Without obtaining a
16-20 permit, a person may construct on the person's [his] own property a
16-21 dam or reservoir with normal storage of not more than 200 acre-feet
16-22 of water for domestic and livestock purposes. A person who
16-23 temporarily stores more than 200 acre-feet of water in a dam or
16-24 reservoir described by this subsection is not required to obtain a
16-25 permit for the dam or reservoir if the person can demonstrate that
16-26 the person has not stored in the dam or reservoir more than 200
17-1 acre-feet of water on average in any 12-month period. This
17-2 exemption does not apply to a commercial operation.
17-3 (b) Without obtaining a permit, a person may construct on
17-4 the person's property a dam or reservoir with normal storage of not
17-5 more than 200 acre-feet of water for fish and wildlife purposes if
17-6 the property on which the dam or reservoir will be constructed is
17-7 qualified open-space land, as defined by Section 23.51, Tax Code.
17-8 This exemption does not apply to a commercial operation.
17-9 (c) Without obtaining a permit, a person who is drilling and
17-10 producing petroleum and conducting operations associated with
17-11 drilling and producing petroleum may take for those purposes state
17-12 water from the Gulf of Mexico and adjacent bays and arms of the
17-13 Gulf of Mexico in an amount not to exceed one acre-foot during each
17-14 24-hour period.
17-15 (d) [(c)] Without obtaining a permit, a person may construct
17-16 or maintain a reservoir for the sole purpose of sediment control as
17-17 part of a surface coal mining operation under the Texas Surface
17-18 Coal Mining and Reclamation Act (Article 5920-11, Vernon's Texas
17-19 Civil Statutes).
17-20 SECTION 2.10. Section 11.146, Water Code, is amended by
17-21 adding Subsection (g) to read as follows:
17-22 (g) This section does not apply to a permit for construction
17-23 of a reservoir designed for the storage of more than 50,000
17-24 acre-feet of water.
17-25 SECTION 2.11. Subsection (b), Section 11.147, Water Code, is
17-26 amended to read as follows:
18-1 (b) In its consideration of an application for a permit to
18-2 store, take, or divert water, the commission shall assess the
18-3 effects, if any, of the issuance of the permit on the bays and
18-4 estuaries of Texas. For permits issued within an area that is 200
18-5 river miles of the coast, to commence from the mouth of the river
18-6 thence inland, the commission shall include in the permit, to the
18-7 extent practicable when considering all public interests and the
18-8 studies mandated by Section 16.058 as evaluated under Section
18-9 11.1491, those conditions considered necessary to maintain
18-10 beneficial inflows to any affected bay and estuary system.
18-11 SECTION 2.12. Subsection (b), Section 11.173, Water Code, is
18-12 amended to read as follows:
18-13 (b) A permit, certified filing, or certificate of
18-14 adjudication or a portion of a permit, certified filing, or
18-15 certificate of adjudication is exempt from cancellation under
18-16 Subsection (a) [of this section]:
18-17 (1) to the extent of the owner's participation in the
18-18 Conservation Reserve Program authorized by the Food Security Act,
18-19 Pub.L. No. 99-198, Secs. 1231-1236, 99 Stat. 1354, 1509-1514 (1985)
18-20 or a similar governmental program; [or]
18-21 (2) if a significant [any] portion of the water
18-22 authorized to be used pursuant to a permit, certified filing, or
18-23 certificate of adjudication has been used in accordance with a
18-24 specific recommendation for meeting a water need included in the
18-25 regional water plan approved pursuant to Section 16.053;
18-26 (3) if the permit, certified filing, or certificate of
19-1 adjudication:
19-2 (A) was obtained to meet demonstrated long-term
19-3 public water supply or electric generation needs as evidenced by a
19-4 water management plan developed by the holder; and
19-5 (B) is consistent with projections of future
19-6 water needs contained in the state water plan; or
19-7 (4) if the permit, certified filing, or certificate of
19-8 adjudication was obtained as the result of the construction of a
19-9 reservoir funded, in whole or in part, by the holder of the permit,
19-10 certified filing, or certificate of adjudication as part of the
19-11 holder's long-term water planning [of this code].
19-12 SECTION 2.13. Subsection (b), Section 11.177, Water Code, is
19-13 amended to read as follows:
19-14 (b) In determining what constitutes reasonable diligence or
19-15 a justified nonuse as used in Subsection (a)(2) [of this section],
19-16 the commission shall give consideration to:
19-17 (1) whether sufficient water is available in the
19-18 source of supply to meet all or part of the appropriation during
19-19 the 10-year period of nonuse;
19-20 (2) whether the nonuse is justified by the holder's
19-21 participation in the federal Conservation Reserve Program or a
19-22 similar governmental program as provided by Section 11.173(b)(1)
19-23 [of this code];
19-24 (3) [whether the permit, certified filing, or
19-25 certificate of adjudication was obtained to meet demonstrated
19-26 long-term public water supply or electric generation needs as
20-1 evidenced by a water management plan developed by the holder and
20-2 consistent with projections of future water needs contained in the
20-3 state water plan;]
20-4 [(4) whether the permit, certified filing, or
20-5 certificate of adjudication was obtained as the result of the
20-6 construction of a reservoir funded, in whole or in part, by the
20-7 holder of the permit, certified filing, or certificate of
20-8 adjudication as part of the holder's long-term water planning;]
20-9 [(5)] whether the existing or proposed authorized
20-10 purpose and place of use are consistent with an approved regional
20-11 water plan as provided by Section 16.053 [of this code];
20-12 (4) [(6)] whether the permit, certified filing, or
20-13 certificate of adjudication has been deposited into the Texas Water
20-14 Bank as provided by Sections 15.7031 and 15.704 [of this code] or
20-15 whether it can be shown that the water right or water available
20-16 under the right is currently being made available for purchase
20-17 through private marketing efforts; or
20-18 (5) [(7)] whether the permit, certified filing, or
20-19 certificate of adjudication has been reserved to provide for
20-20 instream flows or bay and estuary inflows.
20-21 SECTION 2.14. Subdivision (2), Section 15.701, Water Code,
20-22 is amended to read as follows:
20-23 (2) "Depositor" means a person who deposits or has on
20-24 deposit a water right in the water bank or trust.
20-25 SECTION 2.15. Section 16.012, Water Code, is amended by
20-26 adding Subsections (l) and (m) to read as follows:
21-1 (l) The executive administrator shall obtain or develop
21-2 groundwater availability models for major and minor aquifers in
21-3 coordination with groundwater conservation districts and regional
21-4 water planning groups created under Section 16.053 that overlie the
21-5 aquifers. Modeling of major aquifers shall be completed not later
21-6 than October 1, 2004. On completing a groundwater availability
21-7 model for an aquifer, the executive administrator shall provide the
21-8 model to each groundwater conservation district and each regional
21-9 water planning group created under Section 16.053 overlying that
21-10 aquifer.
21-11 (m) The executive administrator may conduct surveys of
21-12 entities using groundwater and surface water at intervals
21-13 determined appropriate by the executive administrator to gather
21-14 data to be used for long-term water supply planning. Recipients of
21-15 the survey shall complete and return the survey to the executive
21-16 administrator. A person who fails to timely complete and return
21-17 the survey is not eligible for funding from the board for board
21-18 programs and is ineligible to obtain permits, permit amendments, or
21-19 permit renewals from the commission under Chapter 11. A person who
21-20 fails to complete and return the survey commits an offense that is
21-21 punishable as a Class C misdemeanor. Surveys obtained by the board
21-22 from nongovernmental entities are excepted from the requirements of
21-23 Section 552.021, Government Code, unless otherwise directed in
21-24 writing by the person completing the survey. This subsection does
21-25 not apply to survey information regarding windmills used for
21-26 domestic and livestock use.
22-1 SECTION 2.16. Subsections (a), (f), (g), and (h), Section
22-2 16.051, Water Code, are amended to read as follows:
22-3 (a) Not [No] later than January 5, 2002, and before the end
22-4 of each successive five-year period after that date [every five
22-5 years thereafter], the board shall prepare, develop, formulate, and
22-6 adopt a comprehensive state water plan that incorporates the
22-7 regional water plans approved under Section 16.053. The state
22-8 water plan shall provide for the orderly development, management,
22-9 and conservation of water resources and preparation for and
22-10 response to drought conditions, in order that sufficient water will
22-11 be available at a reasonable cost to ensure public health, safety,
22-12 and welfare; further economic development; and protect the
22-13 agricultural and natural resources of the entire state.
22-14 (f) The legislature may designate a[:]
22-15 [(1)] river or stream segment of unique ecological
22-16 value. This designation solely means that a state agency or
22-17 political subdivision of the state may not finance the actual
22-18 construction of a reservoir in a specific river or stream segment
22-19 designated by the legislature under this subsection.
22-20 (g) The legislature may designate a[; or]
22-21 [(2)] site of unique value for the construction of a
22-22 reservoir.
22-23 [(g)] A state agency or political subdivision of the state
22-24 may not obtain a fee title or an easement that would[:]
22-25 [(1) destroy the unique ecological value of a river or
22-26 stream segment designated by the legislature under Subsection (f)
23-1 of this section; or]
23-2 [(2)] significantly prevent the construction of a
23-3 reservoir on a site designated by the legislature under [Subsection
23-4 (f) of] this subsection [section].
23-5 (h) The board, the commission, or the Parks and Wildlife
23-6 Department or a political subdivision affected by an action taken
23-7 in violation of Subsection (f) or (g) [of this section] may bring a
23-8 cause of action to remedy or prevent the violation. A cause of
23-9 action brought under this subsection must be filed in a district
23-10 court in Travis County or in the county in which the action is
23-11 proposed or occurring.
23-12 SECTION 2.17. Subsections (d) and (e), Section 16.053, Water
23-13 Code, are amended to read as follows:
23-14 (d) The board shall provide guidelines for the consideration
23-15 of existing regional planning efforts by regional water planning
23-16 groups. The board shall provide guidelines for the format in which
23-17 information shall be presented in the regional water plans. The
23-18 board by rule shall require a holder of a surface water permit, a
23-19 certified filing, or a certificate of adjudication for surface
23-20 water, a holder of a permit for the export of groundwater from a
23-21 groundwater conservation district, a retail public water supplier,
23-22 a wholesale water provider, an irrigation district, and any other
23-23 person who is transporting groundwater or surface water 20 miles or
23-24 more to report to the board information on certain water pipelines
23-25 and other facilities that can be used for water conveyance.
23-26 Nothing in the initial planning effort shall prevent development of
24-1 a management plan or project where local or regional needs require
24-2 action prior to completion of the initial regional water plan under
24-3 this section.
24-4 (e) Each regional water planning group shall submit to the
24-5 board a regional water plan that:
24-6 (1) is consistent with the guidance principles for the
24-7 state water plan adopted by the board under Section 16.051(d);
24-8 (2) provides information based on data provided or
24-9 approved by the board in a format consistent with the guidelines
24-10 provided by the board under Subsection (d);
24-11 (3) identifies:
24-12 (A) each source of water supply in the regional
24-13 water planning area in accordance with the guidelines provided by
24-14 the board under Subsections (d) and (f);
24-15 (B) factors specific to each source of water
24-16 supply to be considered in determining whether to initiate a
24-17 drought response; [and]
24-18 (C) actions to be taken as part of the response;
24-19 and
24-20 (D) information on water pipelines and other
24-21 facilities that can be used for water conveyance, including, but
24-22 not limited to, currently used and abandoned oil, gas, and water
24-23 pipelines, as provided by board rules and guidelines;
24-24 (4) has specific provisions for water management
24-25 strategies to be used during a drought of record;
24-26 (5) includes but is not limited to consideration of
25-1 the following:
25-2 (A) any existing water or drought planning
25-3 efforts addressing all or a portion of the region;
25-4 (B) certified groundwater conservation district
25-5 management plans and other plans submitted under Section 16.054;
25-6 (C) all potentially feasible water management
25-7 strategies, including but not limited to improved conservation,
25-8 reuse, and management of existing water supplies, acquisition of
25-9 available existing water supplies, and development of new water
25-10 supplies;
25-11 (D) protection of existing water rights in the
25-12 region;
25-13 (E) opportunities for and the benefits of
25-14 developing regional water supply facilities or providing regional
25-15 management of water supply facilities;
25-16 (F) appropriate provision for environmental
25-17 water needs and for the effect of upstream development on the bays,
25-18 estuaries, and arms of the Gulf of Mexico and the effect of plans
25-19 on navigation;
25-20 (G) provisions in Section 11.085(k)(1) if
25-21 interbasin transfers are contemplated;
25-22 (H) voluntary transfer of water within the
25-23 region using, but not limited to, regional water banks, sales,
25-24 leases, options, subordination agreements, and financing
25-25 agreements; and
25-26 (I) emergency transfer of water under Section
26-1 11.139, including information on the part of each permit, certified
26-2 filing, or certificate of adjudication for nonmunicipal use in the
26-3 region that may be transferred without causing unreasonable damage
26-4 to the property of the nonmunicipal water rights holder; [and]
26-5 (6) identifies river and stream segments of unique
26-6 ecological value and sites of unique value for the construction of
26-7 reservoirs that the regional water planning group recommends for
26-8 protection under Section 16.051;
26-9 (7) assesses the impact of the plan on unique river
26-10 and stream segments identified in Subdivision (6) if the regional
26-11 water planning group or the legislature determines that a site of
26-12 unique ecological value exists; and
26-13 (8) describes the impact of proposed water projects on
26-14 water quality.
26-15 SECTION 2.18. Subdivision (7), Subsection (h), Section
26-16 16.053, Water Code, is amended to read as follows:
26-17 (7) The board may approve a regional water plan only
26-18 after it has determined that:
26-19 (A) all interregional conflicts involving that
26-20 regional water planning area have been resolved;
26-21 (B) the plan includes water conservation
26-22 practices and drought management measures incorporating, at a
26-23 minimum, the provisions of Sections 11.1271 and 11.1272; and
26-24 (C) the plan is consistent with long-term
26-25 protection of the state's water resources, agricultural resources,
26-26 and natural resources as embodied in the guidance principles
27-1 adopted under Section 16.051(d).
27-2 SECTION 2.19. Section 16.053, Water Code, is amended by
27-3 amending Subsection (j) and adding Subsections (p) and (q) to read
27-4 as follows:
27-5 (j) The board may provide financial assistance to political
27-6 subdivisions under Subchapters E and F of this chapter, Subchapters
27-7 C, D, E, F, [and] J, O, and P, Chapter 15, and Subchapters D, I, K,
27-8 and L, Chapter 17, for water supply projects only if:
27-9 (1) the board determines that the needs to be
27-10 addressed by the project will be addressed in a manner that is
27-11 consistent with the state water plan; and
27-12 (2) beginning January 5, 2002, the board:
27-13 (A) has approved a regional water plan as
27-14 provided by Subsection (i), and any required updates of the plan,
27-15 for the region of the state that includes the area benefiting from
27-16 the proposed project; and
27-17 (B) determines that the needs to be addressed by
27-18 the project will be addressed in a manner that is consistent with
27-19 that regional water plan.
27-20 (p) If a groundwater conservation district files a petition
27-21 with the board stating that a conflict requiring resolution may
27-22 exist between the district's certified groundwater conservation
27-23 district management plan developed under Section 36.1071 and the
27-24 approved regional water plan, the board shall facilitate
27-25 coordination between the district and the involved region to
27-26 resolve the conflict. If conflict remains, the board shall resolve
28-1 the conflict. If the board determines that resolution of conflict
28-2 requires a revision of an approved regional water plan, the board
28-3 shall suspend the approval of that plan and provide information to
28-4 the regional water planning group. The regional water planning
28-5 group shall prepare any revisions to its plan specified by the
28-6 board and shall hold, after notice, at least one public hearing at
28-7 some central location within the regional water planning area. The
28-8 regional water planning group shall consider all public and board
28-9 comments, prepare, revise, and adopt its plan, and submit the
28-10 revised plan to the board for approval and inclusion in the state
28-11 water plan. If the board determines that resolution of conflict
28-12 requires a revision of the district's certified groundwater
28-13 conservation district management plan, the board shall suspend the
28-14 certification of that plan and provide information to the district.
28-15 The groundwater district shall prepare any revisions to its plan
28-16 specified by the board and shall hold, after notice, at least one
28-17 public hearing at some central location within the district. The
28-18 groundwater district shall consider all public and board comments,
28-19 prepare, revise, and adopt its plan, and submit the revised plan to
28-20 the board for certification. On the request of the involved region
28-21 or groundwater conservation district, the board shall include
28-22 discussion of the conflict and its resolution in the state water
28-23 plan that the board provides to the governor, the lieutenant
28-24 governor, and the speaker of the house of representatives under
28-25 Section 16.051(e).
28-26 (q) Each regional planning group shall examine the financing
29-1 needed to implement the water management strategies and projects
29-2 identified in the group's most recent approved regional plan and,
29-3 not later than June 1, 2002, shall report to the board regarding:
29-4 (1) how local governments, regional authorities, and
29-5 other political subdivisions in the region propose to pay for water
29-6 infrastructure projects identified in the plan; and
29-7 (2) what role the regional planning group proposes for
29-8 the state in financing projects identified in the plan, giving
29-9 particular attention to proposed increases in the level of state
29-10 participation in funding for regional projects to meet needs beyond
29-11 the reasonable financing capability of local governments, regional
29-12 authorities, and other political subdivisions involved in building
29-13 water infrastructure.
29-14 SECTION 2.20. Subsections (a), (c), and (d), Section 16.054,
29-15 Water Code, are amended to read as follows:
29-16 (a) Notwithstanding the provisions of this subsection,
29-17 groundwater districts are the state's preferred method of managing
29-18 groundwater resources. It is the policy of the state that water
29-19 resource management, water conservation, and drought planning
29-20 should occur on an ongoing basis. The board, commission, and Parks
29-21 and Wildlife Department shall make available where appropriate
29-22 technical and financial assistance for such planning. In addition,
29-23 the Department of Agriculture may provide input and assistance, as
29-24 appropriate, for local water [such] planning.
29-25 (c) When preparing a plan to be submitted under this
29-26 section, a person shall consider the implementation of a
30-1 desalination program if practicable.
30-2 (d) The regional water planning group shall consider any
30-3 plan submitted under this section when preparing the regional water
30-4 plan under Section 16.053 of this code. A political subdivision,
30-5 including a groundwater conservation district, in the regional
30-6 water planning area may request a regional water planning group to
30-7 consider specific changes to a regional water plan based on changed
30-8 conditions or new information. The regional water planning group
30-9 shall consider the request and shall amend its regional water plan
30-10 if it determines that an amendment is warranted. If the entity
30-11 requesting the change is dissatisfied with the decision of the
30-12 regional planning group, the entity may request that the board
30-13 review the decision and consider changing the state-approved
30-14 regional plan.
30-15 (e) After January 5, 2002, when [(d) When] preparing
30-16 individual water plans that address drought or the development,
30-17 management, or conservation of water resources from the holders of
30-18 existing permits, certified filings, or certificates of
30-19 adjudication, the water suppliers, [groundwater districts,] special
30-20 districts, irrigation districts, and other water users should
30-21 ensure that the plan is not in conflict with the applicable
30-22 approved regional water plan for their region.
30-23 SECTION 2.21. Subdivision (11), Section 35.002, Water Code,
30-24 is amended to read as follows:
30-25 (11) "Management area" means an area designated and
30-26 delineated by the Texas Water Development Board [commission] as an
31-1 area suitable for management of groundwater resources.
31-2 SECTION 2.22. Section 35.004, Water Code, is amended to read
31-3 as follows:
31-4 Sec. 35.004. DESIGNATION OF GROUNDWATER MANAGEMENT AREAS.
31-5 (a) The Texas Water Development Board, with assistance and
31-6 cooperation from the commission, shall designate groundwater
31-7 management areas covering all major and minor aquifers in the
31-8 state. The initial designation of groundwater management areas
31-9 shall be completed not later than September 1, 2003 [On its own
31-10 motion from time to time, or on receiving a petition, the
31-11 commission may designate groundwater management areas]. Each
31-12 groundwater management area shall be designated with the objective
31-13 of providing the most suitable area for the management of the
31-14 groundwater resources. To the extent feasible, the groundwater
31-15 management area shall coincide with the boundaries of a groundwater
31-16 reservoir or a subdivision of a groundwater reservoir. The Texas
31-17 Water Development Board [commission] also may consider other
31-18 factors, including the boundaries of political subdivisions.
31-19 (b) The commission may designate a groundwater management
31-20 area after September 1, 2001, for a petition filed and accepted by
31-21 the commission according to its rules in effect before September 1,
31-22 2001. The commission shall act on the designation in accordance
31-23 with this section [On the request of any person interested in the
31-24 petition, or on the request of the commission, the executive
31-25 director shall prepare available evidence relating to the
31-26 configuration of a groundwater management area. Before making the
32-1 designation, the commission shall consider the evidence prepared by
32-2 the executive director and other evidence submitted at the
32-3 hearing].
32-4 (c) The Texas Water Development Board [commission] may alter
32-5 the boundaries of designated management areas as required by future
32-6 conditions and as justified by factual data. An alteration of
32-7 boundaries does not invalidate the previous creation of any
32-8 district.
32-9 (d) The Texas Water Development Board [commission] shall
32-10 designate groundwater management areas using the procedures
32-11 applicable to rulemaking under [the Administrative Procedure Act,
32-12 Subchapter B,] Chapter 2001, Government Code.
32-13 SECTION 2.23. Subsections (a) and (f), Section 35.007, Water
32-14 Code, are amended to read as follows:
32-15 (a) The executive director and the executive administrator
32-16 shall meet periodically [at least once a year] to identify, based
32-17 on information gathered by the commission and the Texas Water
32-18 Development Board, those areas of the state that are experiencing
32-19 or that are expected to experience, within the immediately
32-20 following 25-year period, critical groundwater problems, including
32-21 shortages of surface water or groundwater, land subsidence
32-22 resulting from groundwater withdrawal, and contamination of
32-23 groundwater supplies. Not later than September 1, 2005, the
32-24 commission, with assistance and cooperation from the Texas Water
32-25 Development Board, shall complete the initial designation of
32-26 priority groundwater management areas across all major and minor
33-1 aquifers of the state for all areas that meet the criteria for that
33-2 designation. The studies may be prioritized considering
33-3 information from the regional planning process, information from
33-4 the Texas Water Development Board groundwater management areas and
33-5 from groundwater conservation districts, and any other information
33-6 available. After the initial designation of priority groundwater
33-7 management areas, the commission and the Texas Water Development
33-8 Board shall annually review the need for additional designations as
33-9 provided by this subsection.
33-10 (f) The report shall include:
33-11 (1) the recommended delineation of the boundaries of
33-12 any proposed priority groundwater management area in the form of an
33-13 order to be considered for adoption by the commission;
33-14 (2) the reasons and supporting information for or
33-15 against designating the area as a priority groundwater management
33-16 area;
33-17 (3) a recommendation regarding whether one or more
33-18 districts [a district] should be created in the priority
33-19 groundwater management area, [or] whether the priority groundwater
33-20 management area should be added to an existing district, or whether
33-21 a combination of those actions should be taken;
33-22 (4) a recommendation as to actions that should be
33-23 considered to conserve natural resources;
33-24 (5) an evaluation of information or studies submitted
33-25 to the executive director under Subsection (c); and
33-26 (6) any other information that the executive director
34-1 considers helpful to the commission.
34-2 SECTION 2.24. Section 35.008, Water Code, is amended to read
34-3 as follows:
34-4 Sec. 35.008. PROCEDURES FOR DESIGNATION OF PRIORITY
34-5 GROUNDWATER MANAGEMENT AREA; CONSIDERATION OF CREATION OF NEW
34-6 DISTRICT OR ADDITION OF LAND IN PRIORITY GROUNDWATER MANAGEMENT
34-7 AREA TO EXISTING DISTRICT; COMMISSION ORDER. (a) The commission
34-8 shall designate priority groundwater management areas using the
34-9 procedures provided by this chapter in lieu of those provided by
34-10 Subchapter B, Chapter 2001, Government Code.
34-11 (b) The commission shall call an evidentiary hearing to
34-12 consider:
34-13 (1) the designation of a priority groundwater
34-14 management area; and
34-15 (2) whether one or more districts [a district] should
34-16 be created over all or part of a priority groundwater management
34-17 area,[; or]
34-18 [(3) whether] all or part of the land in the priority
34-19 groundwater management area should be added to an existing
34-20 district, or a combination of those actions should be taken.
34-21 Consideration of this issue shall include a determination of
34-22 whether a district is feasible and practicable.
34-23 (c) Evidentiary hearings shall be held at a location in one
34-24 of the counties in which the priority groundwater management area
34-25 is located, or proposed to be located, or in the nearest convenient
34-26 location if adequate facilities are not available in those
35-1 counties.
35-2 (d) At the hearing, the commission shall hear testimony and
35-3 receive evidence from affected persons. Affected persons shall
35-4 include landowners, well owners, and other users of groundwater in
35-5 the proposed priority groundwater management area. The commission
35-6 shall consider the executive director's report and supporting
35-7 information and the testimony and evidence received at the hearing.
35-8 If the commission considers further information necessary, the
35-9 commission may request such information from any source.
35-10 (e) Any evidentiary hearing shall be concluded not later
35-11 than the 75th day after the date notice of the hearing is
35-12 published.
35-13 (f) At the conclusion of the hearing and the commission's
35-14 considerations, the commission shall issue an order stating its
35-15 findings and conclusions, including whether a priority groundwater
35-16 management area should be designated in the area and
35-17 recommendations regarding district creation as set forth in
35-18 Subsection (g).
35-19 (g) The commission's order designating a priority
35-20 groundwater management area must recommend that the area be covered
35-21 by a district in any of the following ways:
35-22 (1) creation of one or more new districts;
35-23 (2) addition of the land in the priority groundwater
35-24 management area to one or more existing districts; or
35-25 (3) a combination of actions under Subdivisions (1)
35-26 and (2).
36-1 (h) In recommending the boundaries of a district or
36-2 districts under Subsection (g), the commission shall give
36-3 preference to boundaries that are coterminous with those of the
36-4 priority groundwater management area, but may recommend district
36-5 boundaries along existing political subdivision boundaries at the
36-6 discretion of the commission to facilitate district creation and
36-7 confirmation.
36-8 (i) The designation of a priority groundwater management
36-9 area may not be appealed nor may it be challenged under Section
36-10 5.351 of this code or [the Administrative Procedure Act,] Section
36-11 2001.038, Government Code.
36-12 SECTION 2.25. Subsections (a) and (b), Section 35.009, Water
36-13 Code, are amended to read as follows:
36-14 (a) The commission shall have notice of the hearing
36-15 published in at least one newspaper with general circulation in the
36-16 county or counties in which the area proposed for designation as a
36-17 priority groundwater management area [or the area within a priority
36-18 groundwater management area being considered for district creation
36-19 or for addition to an existing district] is located. Notice must
36-20 be published not later than the 30th day before the date set for
36-21 the hearing [commission to consider the designation of the priority
36-22 groundwater management area, the creation of a district in a
36-23 priority groundwater management area, or the addition of land in a
36-24 priority groundwater management area to an existing district].
36-25 (b) The notice must include:
36-26 (1) if applicable, a statement of the general purpose
37-1 and effect of designating the proposed priority groundwater
37-2 management area;
37-3 (2) if applicable, a statement of the general purpose
37-4 and effect of creating a new district in the priority groundwater
37-5 management area;
37-6 (3) if applicable, a statement of the general purpose
37-7 and effect of adding all or part of the land in the priority
37-8 groundwater management area to an existing district;
37-9 (4) a map generally outlining the boundaries of the
37-10 area being considered for priority groundwater management area
37-11 designation [or the priority groundwater management area being
37-12 considered for district creation or for addition to an existing
37-13 district,] or notice of the location at which a copy of the map may
37-14 be examined or obtained;
37-15 (5) a statement that the executive director's report
37-16 concerning the priority groundwater management area or proposed
37-17 area is available at the commission's main office in Austin, Texas,
37-18 and at regional offices of the commission for regions which include
37-19 territory within the priority groundwater management area or
37-20 proposed priority groundwater management area and that the report
37-21 is available for inspection during regular business hours;
37-22 (6) a description or the name of the locations in the
37-23 affected area at which the commission has provided copies of the
37-24 executive director's report to be made available for public
37-25 inspection;
37-26 (7) the name and address of each public library, each
38-1 county clerk's office, and each district to which the commission
38-2 has provided copies of the executive director's report; and
38-3 (8) the date, time, and place of the hearing.
38-4 SECTION 2.26. Section 35.012, Water Code, is amended to read
38-5 as follows:
38-6 Sec. 35.012. CREATION OF DISTRICT IN PRIORITY GROUNDWATER
38-7 MANAGEMENT AREA [COMMISSIONER ORDER]. (a) [At the conclusion of
38-8 its hearing and considerations, the commission shall issue an] [order
38-9 stating its findings and conclusions.]
38-10 [(b) If the commission finds that the land and other
38-11 property in the priority groundwater management area would benefit
38-12 from the creation of one or more districts, that there is a public
38-13 need for one or more districts, and that the creation of one or
38-14 more districts would further the public welfare, the commission
38-15 shall issue an order stating that the creation of one or more
38-16 districts is needed.]
38-17 [(c)] Following the issuance of a commission order under
38-18 Section 35.008 designating a priority groundwater management area
38-19 and recommending the creation of one or more districts, or the
38-20 addition of land to an existing district [Subsection (b)], the
38-21 landowners in the priority groundwater management area may:
38-22 (1) create one or more districts under Subchapter B,
38-23 Chapter 36;
38-24 (2) have the area annexed to a district that adjoins
38-25 the area; or
38-26 (3) create one or more districts through the
39-1 legislative process.
39-2 (b) Within two years, but no sooner than 120 days, from the
39-3 date on which the commission issues an order under Section 35.008
39-4 designating a priority groundwater management area, for those areas
39-5 that are not within a district, the commission shall:
39-6 (1) create one or more new districts under Section
39-7 36.0151;
39-8 (2) recommend that the areas, or a portion of the
39-9 areas, be added to an existing district under Section 35.013; or
39-10 (3) take any combination of the actions under
39-11 Subdivisions (1) and (2).
39-12 (c) Following the issuance of a commission order under
39-13 Section 35.008 [(d) The commission shall identify the areas
39-14 subject to the order of the commission issued under Subsection (b)
39-15 that have not been incorporated into a district and shall delineate
39-16 proposed boundaries of a district to include those areas. If the
39-17 commission proposes the creation of one or more districts], the
39-18 Texas Agricultural Extension Service shall begin an educational
39-19 program within such areas with the assistance and cooperation of
39-20 the Texas Water Development Board, the commission, the Department
39-21 of Agriculture, other state agencies, and existing districts to
39-22 inform the residents of the status of the area's water resources
39-23 and management options including possible formation of a district[,
39-24 before beginning the procedures for creation of a district provided
39-25 in Subchapter B, Chapter 36]. The county commissioners court of
39-26 each county in the priority groundwater management area shall form
40-1 a steering committee to provide assistance to the Texas
40-2 Agricultural Extension Service in accomplishing the goals of the
40-3 education program within the area.
40-4 [(e) If the commission fails to find that the district would
40-5 be a benefit to the land and other property within the priority
40-6 groundwater management area, that there is a public need for the
40-7 district, or that creation of the district will further the public
40-8 welfare, the commission shall issue an order stating that a
40-9 district should not be created within the boundaries of the
40-10 priority groundwater management area.]
40-11 [(f) An order of the commission issued under this section
40-12 may not be appealed.]
40-13 SECTION 2.27. Section 35.013, Water Code, is amended to read
40-14 as follows:
40-15 Sec. 35.013. ADDING PRIORITY GROUNDWATER MANAGEMENT AREA TO
40-16 EXISTING DISTRICT. (a) [If land in a priority groundwater
40-17 management area is located adjacent to one or more existing
40-18 districts, the commission, instead of issuing an order under
40-19 Section 35.012, may issue an order recommending that the priority
40-20 groundwater management area be added to the existing district
40-21 designated by the commission. In its order, the commission must
40-22 find that the land and other property in the priority groundwater
40-23 management area and the land in the existing district will benefit
40-24 from the addition of the area, that there is a public need to add
40-25 the priority groundwater management area to the existing district,
40-26 and that the addition of the land to the existing district would
41-1 further the public welfare.]
41-2 [(b)] If the commission in its order under Section 35.008
41-3 [executive director] recommends that the priority groundwater
41-4 management area or a portion of the priority groundwater management
41-5 area be added to an existing district [or if the commission
41-6 considers it possible to add the priority groundwater management
41-7 area to an adjacent existing district], the commission shall give
41-8 notice to the board of the existing district recommended in its
41-9 order [by the executive director or considered by the commission to
41-10 possibly serve the area] and to any other existing districts
41-11 adjacent to the priority groundwater management area.
41-12 (b) [(c)] The commission shall submit a copy of the order to
41-13 the board of the district to which it is recommending the priority
41-14 groundwater management area be added. The board shall vote on the
41-15 addition of the priority groundwater management area to the
41-16 district and shall advise the commission of the outcome.
41-17 (c) [(d)] If the board votes to accept the addition of the
41-18 priority groundwater management area to the district, the board:
41-19 (1) may request the Texas Agricultural Extension
41-20 Service, the commission, and the Texas Water Development Board,
41-21 with the cooperation and assistance of the Department of
41-22 Agriculture and other state agencies, to administer an educational
41-23 program to inform the residents of the status of the area's water
41-24 resources and management options including possible annexation into
41-25 a district;
41-26 (2) shall call an election within the priority
42-1 groundwater management area, or portion of the priority groundwater
42-2 management area, as delineated by the commission to determine if
42-3 the priority groundwater management area will be added to the
42-4 district; and
42-5 (3) shall designate election precincts and polling
42-6 places for the elections in the order calling an election under
42-7 this subsection.
42-8 (d) [(e)] The board shall give notice of the election and
42-9 the proposition to be voted on. The board shall publish notice of
42-10 the election at least one time in one or more newspapers with
42-11 general circulation within the boundaries of the priority
42-12 groundwater management area. The notice must be published before
42-13 the 30th day preceding the date set for the election.
42-14 (e) [(f)] The ballots for the election shall be printed to
42-15 provide for voting for or against the proposition: "The inclusion
42-16 of _________________________ (briefly describe priority groundwater
42-17 management area) in the ______________ District." If the district
42-18 has outstanding debts or taxes, the proposition shall include the
42-19 following language: "and assumption by the described area of a
42-20 proportional share of the debts or taxes of the district."
42-21 (f) [(g)] Immediately after the election, the presiding
42-22 judge of each polling place shall deliver the returns of the
42-23 election to the board, and the board shall canvass the returns for
42-24 the election within the priority groundwater management area and
42-25 declare the results. If a majority of the voters in the priority
42-26 groundwater management area voting on the proposition vote in favor
43-1 of the proposition, the board shall declare that the priority
43-2 groundwater management area is added to the district. If a
43-3 majority of the voters in the priority groundwater management area
43-4 voting on the proposition vote against adding the priority
43-5 groundwater management area to the district, the board shall
43-6 declare that the priority groundwater management area is not added
43-7 to the district. The board shall file a copy of the election
43-8 results with the commission.
43-9 (g) [(h)] If the voters approve adding the priority
43-10 groundwater management area to the district, the board of the
43-11 district to which the priority groundwater management area is added
43-12 shall provide reasonable representation on that board compatible
43-13 with the district's existing scheme of representation. Not later
43-14 than the 30th day after the date on which the board declares that
43-15 the priority groundwater management area is added to the district,
43-16 the board of the existing district shall appoint a person or
43-17 persons to represent the area until the next regularly scheduled
43-18 election or appointment of directors.
43-19 (h) [(i)] If the proposition is defeated, or if the board of
43-20 the existing district votes not to accept the addition of the area
43-21 to the district, then the commission shall, except as provided
43-22 under Subsection (i), create under Section 36.0151 one or more
43-23 districts covering the priority groundwater management area not
43-24 later than the first anniversary of the date on which the
43-25 proposition is defeated or the board votes not to accept the area.
43-26 (i) For an area that is not feasible for the creation of one
44-1 or more districts as determined in the commission's findings under
44-2 Section 35.008, the commission shall include in its report under
44-3 Section 35.018 recommendations for the future management of the
44-4 priority groundwater management area.
44-5 (j) Another [another] election to add the priority
44-6 groundwater management area to an existing district may not be
44-7 called before the first anniversary of the date on which the
44-8 election on the proposition was held.
44-9 SECTION 2.28. Subsection (c), Section 35.018, Water Code, is
44-10 amended to read as follows:
44-11 (c) If the commission determines that a district created
44-12 under Chapter 36 is not appropriate for, or capable of, the
44-13 protection of the groundwater resources for a particular management
44-14 area or priority groundwater management area, the commission may
44-15 recommend in its report to the legislature the creation of a
44-16 special district or amendment of an existing district. [(1) If
44-17 voters fail to create a groundwater district in a priority
44-18 groundwater management area or if voters fail to add the priority
44-19 groundwater management area to an existing groundwater district,
44-20 the report shall include recommendations for the future management
44-21 of the priority groundwater management area. The recommendations
44-22 may include but are not limited to the following:]
44-23 [(A) creation of a groundwater district by the
44-24 legislature;]
44-25 [(B) annexation of a priority groundwater
44-26 management area into an existing district by the legislature; or]
45-1 [(C) management of the priority groundwater
45-2 management area by the nearest regional office of the commission.
45-3 The commission may be authorized to:]
45-4 [(i) adopt spacing and annual per acre
45-5 pumping restrictions;]
45-6 [(ii) issue well permits in accordance
45-7 with Sections 36.113 and 36.1131;]
45-8 [(iii) prevent waste and protect the
45-9 quality of groundwater in accordance with Sections
45-10 36.001(8)(A)-(G);]
45-11 [(iv) levy administrative penalties for
45-12 violations; and]
45-13 [(v) collect fees in accordance with
45-14 Sections 36.206(a) and (b).]
45-15 [(2) If the commission is required by the legislature
45-16 to manage the priority groundwater management area, a new election
45-17 may not be called for three years from the date of the last
45-18 election.]
45-19 SECTION 2.29. Section 36.001, Water Code, is amended by
45-20 amending Subdivision (13) and adding Subdivisions (18) through (22)
45-21 to read as follows:
45-22 (13) "Management area" means an area designated and
45-23 delineated by the Texas Water Development Board [commission] under
45-24 Chapter 35 as an area suitable for management of groundwater
45-25 resources.
45-26 (18) "River basin" means a river or coastal basin
46-1 designated as a river basin by the board under Section 16.051. The
46-2 term does not include waters of the bays or arms originating in the
46-3 Gulf of Mexico.
46-4 (19) "Agriculture" means any of the following
46-5 activities:
46-6 (A) cultivating the soil to produce crops for
46-7 human food, animal feed, or planting seed or for the production of
46-8 fibers;
46-9 (B) the practice of floriculture, viticulture,
46-10 silviculture, and horticulture, including the cultivation of plants
46-11 in containers or nonsoil media, by a nursery grower;
46-12 (C) raising, feeding, or keeping animals for
46-13 breeding purposes or for the production of food or fiber, leather,
46-14 pelts, or other tangible products having a commercial value;
46-15 (D) planting cover crops, including cover crops
46-16 cultivated for transplantation, or leaving land idle for the
46-17 purpose of participating in any governmental program or normal crop
46-18 or livestock rotation procedure;
46-19 (E) wildlife management; and
46-20 (F) raising or keeping equine animals.
46-21 (20) "Agricultural use" means any use or activity
46-22 involving agriculture, including irrigation.
46-23 (21) "Conjunctive use" means the combined use of
46-24 groundwater and surface water sources that optimizes the beneficial
46-25 characteristics of each source.
46-26 (22) "Nursery grower" means a person who grows more
47-1 than 50 percent of the products that the person either sells or
47-2 leases, regardless of the variety sold, leased, or grown. For the
47-3 purpose of this definition, "grow" means the actual cultivation or
47-4 propagation of the product beyond the mere holding or maintaining
47-5 of the item prior to sale or lease and typically includes
47-6 activities associated with the production or multiplying of stock
47-7 such as the development of new plants from cuttings, grafts, plugs,
47-8 or seedlings.
47-9 SECTION 2.30. Section 36.0015, Water Code, is amended to
47-10 read as follows:
47-11 Sec. 36.0015. PURPOSE. In order to provide for the
47-12 conservation, preservation, protection, recharging, and prevention
47-13 of waste of groundwater, and of groundwater reservoirs or their
47-14 subdivisions, and to control subsidence caused by withdrawal of
47-15 water from those groundwater reservoirs or their subdivisions,
47-16 consistent with the objectives of Section 59, Article XVI, Texas
47-17 Constitution, groundwater conservation districts may be created as
47-18 provided by this chapter. Groundwater conservation districts
47-19 created as provided by this chapter are the state's preferred
47-20 method of groundwater management through rules developed, adopted,
47-21 and promulgated by a district in accordance with the provisions of
47-22 this chapter.
47-23 SECTION 2.31. Section 36.002, Water Code, is amended to read
47-24 as follows:
47-25 Sec. 36.002. OWNERSHIP OF GROUNDWATER. The ownership and
47-26 rights of the owners of the land and their lessees and assigns in
48-1 groundwater are hereby recognized, and nothing in this code shall
48-2 be construed as depriving or divesting the owners or their lessees
48-3 and assigns of the ownership or rights, except as those rights may
48-4 be limited or altered by [subject to] rules promulgated by a
48-5 district.
48-6 SECTION 2.32. Subsection (b), Section 36.011, Water Code, is
48-7 amended to read as follows:
48-8 (b) The commission has exclusive jurisdiction over the
48-9 [delineation of management areas and the] creation of districts.
48-10 SECTION 2.33. Section 36.012, Water Code, is amended by
48-11 adding Subsection (f) to read as follows:
48-12 (f) This section does not apply to districts created under
48-13 Section 36.0151.
48-14 SECTION 2.34. Section 36.013, Water Code, is amended to read
48-15 as follows:
48-16 Sec. 36.013. PETITION TO CREATE DISTRICT. (a) A petition
48-17 requesting creation of a district must be filed with the commission
48-18 [executive director] for review and certification under Section
48-19 36.015 [submission to the commission].
48-20 (b) The petition filed pursuant to this section must be
48-21 signed by:
48-22 (1) a majority of the landowners within the proposed
48-23 district, as indicated by the county tax rolls; or
48-24 (2) if there are more than 50 landowners in the
48-25 proposed district, at least 50 of those landowners.
48-26 (c) The petition must include:
49-1 (1) the name of the proposed district;
49-2 (2) the area and boundaries of the proposed district,
49-3 including a map generally outlining the boundaries of the proposed
49-4 district;
49-5 (3) the purpose or purposes of the district;
49-6 (4) a statement of the general nature of any projects
49-7 proposed to be undertaken by the district, the necessity and
49-8 feasibility of the work, and the estimated costs of those projects
49-9 according to the persons filing the projects if the projects are to
49-10 be funded by the sale of bonds or notes; [and]
49-11 (5) the names of at least five individuals qualified
49-12 to serve as temporary directors; and
49-13 (6) financial information, including the projected
49-14 maintenance tax or production fee rate and a proposed budget of
49-15 revenues and expenses for the district [any additional terms or
49-16 conditions that restrict the powers of the district from those
49-17 provided in this chapter].
49-18 [(d) If a part of the proposed district is not included
49-19 within either a management area or a priority groundwater
49-20 management area, the petition to create a district may also contain
49-21 a request to create a management area. A request to create a
49-22 management area must comply with the requirements for a petition in
49-23 Section 35.005, and may be acted on by the commission separately
49-24 from the petition to create the district.]
49-25 SECTION 2.35. Section 36.014, Water Code, is amended to read
49-26 as follows:
50-1 Sec. 36.014. NOTICE AND PUBLIC MEETING [HEARING] ON DISTRICT
50-2 CREATION. (a) If a petition is filed under Section 36.013, the
50-3 commission shall give notice of the [an] application [as required
50-4 by Section 49.011(a)] and shall [may] conduct a public meeting in a
50-5 central location within the area of the proposed district [hearing]
50-6 on the application not later than the 60th day after the date the
50-7 commission issues notice [if the commission determines that a
50-8 hearing is necessary under Section 49.011]. The notice must
50-9 contain the date, time, and location of the public meeting and must
50-10 be published in one or more newspapers of general circulation in
50-11 the area of the proposed district.
50-12 (b) If the petition contains a request to create a
50-13 management area in all or part of the proposed district, the notice
50-14 must also be given in accordance with the requirements in Section
50-15 35.006 for the designation of management areas.
50-16 SECTION 2.36. Section 36.015, Water Code, is amended to read
50-17 as follows:
50-18 Sec. 36.015. COMMISSION CERTIFICATION AND ORDER. (a) Not
50-19 later than the 90th day after the date the commission holds a
50-20 public meeting on a petition under Section 36.014, the commission
50-21 shall certify the petition if the petition is administratively
50-22 complete. A petition is administratively complete if it complies
50-23 with the requirements of Sections 36.013(b) and (c).
50-24 (b) The commission may not certify a petition if the
50-25 commission finds that the proposed district cannot be adequately
50-26 funded to carry out its purposes based on the financial information
51-1 provided in the petition under Section 36.013(c)(6) or that the
51-2 boundaries of the proposed district do not provide for the
51-3 effective management of the groundwater resources. The commission
51-4 shall give preference to boundary lines that are coterminous with
51-5 those of a groundwater management area but may also consider
51-6 boundaries along existing political subdivision boundaries if such
51-7 boundaries would facilitate district creation and confirmation.
51-8 (c) If a petition proposes the creation of a district in an
51-9 area, in whole or in part, that has not been designated as a
51-10 management area, the commission shall provide notice to the Texas
51-11 Water Development Board. On the receipt of notice from the
51-12 commission, the Texas Water Development Board shall initiate the
51-13 process of designating a management area for the area of the
51-14 proposed district not included in a management area. The
51-15 commission may not certify the petition until the Texas Water
51-16 Development Board has adopted a rule whereby the boundaries of the
51-17 proposed district are coterminous with or inside the boundaries of
51-18 a management area.
51-19 (d) If the commission does not certify the petition, the
51-20 commission shall provide to the petitioners, in writing, the
51-21 reasons for not certifying the petition. The petitioners may
51-22 resubmit the petition, without paying an additional fee, if the
51-23 petition is resubmitted within 90 days after the date the
51-24 commission sends the notice required by this subsection.
51-25 (e) If the commission certifies the petition as
51-26 administratively complete, the commission shall issue an order,
52-1 notify the petitioners, and appoint temporary directors as provided
52-2 by Section 36.016.
52-3 (f) Refusal by the commission to certify a petition to
52-4 create a district does not invalidate or affect the designation of
52-5 any management area. [FINDINGS. (a) If the commission finds that
52-6 a district is feasible and practicable, that it would be a benefit
52-7 to the land in the district, and that it would be a public benefit
52-8 or utility, the commission shall issue an order containing these
52-9 findings granting the petition.]
52-10 [(b) If the commission finds that a district is not feasible
52-11 and practicable, that it would not be a benefit to the land in the
52-12 district, that it would not be a public benefit or utility, or that
52-13 it is not needed, the commission by order shall deny the petition.]
52-14 [(c) The commission may adjust the boundaries of the
52-15 proposed district to exclude any land that would not be benefited
52-16 by inclusion in the district and is not necessary to the district
52-17 for proper regulation of the groundwater reservoir.]
52-18 [(d) If the commission grants the petition to create the
52-19 district, it shall direct in its order creating the district that
52-20 an election be called by the temporary directors to confirm the
52-21 creation of the district and to elect permanent directors.]
52-22 [(e) The refusal to grant a petition to create a district
52-23 does not invalidate or affect the designation of any management
52-24 area requested in the same petition.]
52-25 [(f) The commission shall act on the petition within a
52-26 reasonable amount of time.]
53-1 SECTION 2.37. Subsection (a), Section 36.0151, Water Code,
53-2 is amended to read as follows:
53-3 (a) If the commission is required to create [proposes that]
53-4 a district [be created] under Section 35.012(b) [35.012(d)], it
53-5 shall, without an evidentiary hearing, issue an order creating the
53-6 district and shall provide in its order [creating the district
53-7 provide] that temporary directors be appointed under Section 36.016
53-8 and that an election be called by the temporary directors to
53-9 authorize the district to assess taxes [confirm the creation of the
53-10 district] and to elect permanent directors.
53-11 SECTION 2.38. Subsection (a), Section 36.016, Water Code, is
53-12 amended to read as follows:
53-13 (a) If the commission certifies [grants] a petition to
53-14 create a district under Section 36.015, the commission shall
53-15 appoint the temporary directors named in the petition. If [or
53-16 after] the commission dissolves a district's board under Section
53-17 36.303, it shall appoint five temporary directors.
53-18 SECTION 2.39. Section 36.017, Water Code, is amended by
53-19 amending the section heading and Subsections (a), (d), and (g) and
53-20 adding Subsection (i) to read as follows:
53-21 Sec. 36.017. CONFIRMATION AND DIRECTORS' ELECTION FOR
53-22 DISTRICT IN A MANAGEMENT AREA. (a) For a district created under
53-23 Section 36.015, not [Not] later than the 120th [60th] day after the
53-24 date all temporary directors have been appointed and have
53-25 qualified, the temporary directors shall meet and order an election
53-26 to be held within the boundaries of the proposed district to
54-1 approve the creation of the district and to elect permanent
54-2 directors.
54-3 (d) The ballot for the election must be printed to provide
54-4 for voting for or against the proposition: "The creation of the
54-5 _________________ Groundwater Conservation District." If the
54-6 district levies a maintenance tax for payment of its expenses, then
54-7 an additional [the] proposition shall be included with [include]
54-8 the following language: "The [and the] levy of a maintenance tax
54-9 at a rate not to exceed ______ cents for each $100 of assessed
54-10 valuation." The same ballot or another ballot must provide for the
54-11 election of permanent directors, in accordance with Section 36.059.
54-12 (g) If a majority of the votes cast at the election are
54-13 against the creation of the district, the temporary board shall
54-14 declare the district defeated and shall enter the result in its
54-15 minutes. The temporary board shall continue operations in
54-16 accordance with Subsection (h).
54-17 (i) If a majority of the votes cast at the election are
54-18 against the levy of a maintenance tax, the district shall set
54-19 production fees to pay for the district's regulation of groundwater
54-20 in the district, including fees based on the amount of water to be
54-21 withdrawn from a well.
54-22 SECTION 2.40. Subchapter B, Chapter 36, Water Code, is
54-23 amended by adding Section 36.0171 to read as follows:
54-24 Sec. 36.0171. TAX AUTHORITY AND DIRECTORS' ELECTION FOR
54-25 DISTRICT IN A PRIORITY GROUNDWATER MANAGEMENT AREA. (a) For a
54-26 district created under Section 36.0151, not later than the 120th
55-1 day after the date all temporary directors have been appointed and
55-2 have qualified, the temporary directors shall meet and order an
55-3 election to be held within the boundaries of the proposed district
55-4 to authorize the district to assess taxes and to elect permanent
55-5 directors.
55-6 (b) In the order calling the election, the temporary
55-7 directors shall designate election precincts and polling places for
55-8 the election. In designating the polling places, the temporary
55-9 directors shall consider the needs of all voters for conveniently
55-10 located polling places.
55-11 (c) The temporary directors shall publish notice of the
55-12 election at least once in at least one newspaper with general
55-13 circulation within the boundaries of the proposed district. The
55-14 notice must be published before the 30th day preceding the date of
55-15 the election.
55-16 (d) The ballot for the election must be printed to provide
55-17 for voting for or against the proposition: "The levy of a
55-18 maintenance tax by the ___________________ Groundwater Conservation
55-19 District at a rate not to exceed ______ cents for each $100 of
55-20 assessed valuation." The same ballot or another ballot must
55-21 provide for the election of permanent directors, in accordance with
55-22 Section 36.059.
55-23 (e) Immediately after the election, the presiding judge of
55-24 each polling place shall deliver the returns of the election to the
55-25 temporary board, and the board shall canvass the returns, declare
55-26 the result, and turn over the operations of the district to the
56-1 elected permanent directors. The board shall file a copy of the
56-2 election result with the commission.
56-3 (f) If a majority of the votes cast at the election favor
56-4 the levy of a maintenance tax, the temporary board shall declare
56-5 the levy approved and shall enter the result in its minutes.
56-6 (g) If a majority of the votes cast at the election are
56-7 against the levy of a maintenance tax, the temporary board shall
56-8 declare the levy defeated and shall enter the result in its
56-9 minutes.
56-10 (h) If the majority of the votes cast at the election are
56-11 against the levy of a maintenance tax, the district shall set
56-12 permit fees to pay for the district's regulation of groundwater in
56-13 the district, including fees based on the amount of water to be
56-14 withdrawn from a well.
56-15 SECTION 2.41. Section 36.019, Water Code, is amended to read
56-16 as follows:
56-17 Sec. 36.019. CONFIRMATION ELECTION IN DISTRICT INCLUDING
56-18 LAND IN MORE THAN ONE COUNTY. (a) A district, the major portion
56-19 of which is located in one county, may not be organized to include
56-20 land in another county unless the election held in the other county
56-21 to confirm and ratify the creation of the district is approved by a
56-22 majority of the voters of the other county voting in an election
56-23 called for that purpose.
56-24 (b) This section does not apply to districts created under
56-25 Section 36.0151.
56-26 SECTION 2.42. Subsection (a), Section 36.060, Water Code, is
57-1 amended to read as follows:
57-2 (a) A director is entitled to receive fees of office of not
57-3 more than $150 [$100] a day for each day the director actually
57-4 spends performing the duties of a director. The fees of office may
57-5 not exceed $9,000 [$6,000] a year.
57-6 SECTION 2.43. Subsection (g), Section 36.066, Water Code, is
57-7 amended to read as follows:
57-8 (g) If the district prevails in any suit other than a suit
57-9 in which it voluntarily intervenes, the district may seek and the
57-10 court shall grant [it may], in the same action, recovery [recover
57-11 reasonable fees] for attorney's fees [attorneys], costs for expert
57-12 witnesses, and other costs incurred by the district before the
57-13 court. The amount of the attorney's fees shall be fixed by the
57-14 court.
57-15 SECTION 2.44. Subsection (a), Section 36.101, Water Code, is
57-16 amended to read as follows:
57-17 (a) A district may make and enforce rules, including rules
57-18 limiting groundwater production based on tract size or the spacing
57-19 of wells, to provide for conserving, preserving, protecting, and
57-20 recharging of the groundwater or of a groundwater reservoir or its
57-21 subdivisions in order to control subsidence, prevent degradation of
57-22 water quality, or prevent waste of groundwater and to carry out the
57-23 powers and duties provided by this chapter. During the rulemaking
57-24 process the board shall consider all groundwater uses and needs and
57-25 shall develop rules which are fair and impartial.
57-26 SECTION 2.45. Subsection (b), Section 36.102, Water Code, is
58-1 amended to read as follows:
58-2 (b) The board by rule may set reasonable civil penalties for
58-3 breach of any rule of the district [that shall] not to exceed
58-4 $10,000 per day per violation, and each day of a continuing
58-5 violation constitutes a separate violation [the jurisdiction of a
58-6 justice court as provided by Section 27.031, Government Code].
58-7 SECTION 2.46. Section 36.1071, Water Code, is amended by
58-8 amending Subsections (a) and (b) and adding Subsection (h) to read
58-9 as follows:
58-10 (a) Following notice and hearing, the district shall, in
58-11 coordination with surface water management entities on a regional
58-12 basis, develop a comprehensive management plan which addresses the
58-13 following management goals, as applicable:
58-14 (1) providing the most efficient use of groundwater;
58-15 (2) controlling and preventing waste of groundwater;
58-16 (3) controlling and preventing subsidence;
58-17 (4) addressing conjunctive surface water management
58-18 issues; [and]
58-19 (5) addressing natural resource issues;
58-20 (6) addressing drought conditions; and
58-21 (7) addressing conservation.
58-22 (b) After January 5, 2002, a [A] district management plan,
58-23 or any amendments to a district management plan, shall be developed
58-24 by the district using the district's best available data and
58-25 forwarded to the regional water planning group for consideration in
58-26 their planning process [adopted after the Texas Water Development
59-1 Board approval of a regional water plan for the region in which the
59-2 district is located shall be consistent with the regional water
59-3 plan].
59-4 (h) In developing its management plan, the district shall
59-5 use the groundwater availability modeling information provided by
59-6 the executive administrator in conjunction with any available
59-7 site-specific information provided by the district and acceptable
59-8 to the executive administrator.
59-9 SECTION 2.47. Section 36.1072, Water Code, is amended by
59-10 adding Subsection (g) to read as follows:
59-11 (g) In this subsection, "board" means the Texas Water
59-12 Development Board. A person with a legally defined interest in
59-13 groundwater in a district or the regional water planning group may
59-14 file a petition with the board stating that a conflict requiring
59-15 resolution may exist between the district's certified groundwater
59-16 conservation district management plan developed under Section
59-17 36.1071 and the state water plan. If a conflict exists, the board
59-18 shall facilitate coordination between the involved person or
59-19 regional water planning group and the district to resolve the
59-20 conflict. If conflict remains, the board shall resolve the
59-21 conflict. The board action under this provision may be
59-22 consolidated, at the option of the board, with related action under
59-23 Section 16.053(p). If the board determines that resolution of the
59-24 conflict requires a revision of the certified groundwater
59-25 conservation district management plan, the board shall suspend the
59-26 certification of the plan and provide information to the district.
60-1 The district shall prepare any revisions to the plan specified by
60-2 the board and shall hold, after notice, at least one public hearing
60-3 at some central location within the district. The district shall
60-4 consider all public and board comments, prepare, revise, and adopt
60-5 its plan, and submit the revised plan to the board for
60-6 certification. On the request of the district or the regional
60-7 water planning group, the board shall include discussion of the
60-8 conflict and its resolution in the state water plan that the board
60-9 provides to the governor, the lieutenant governor, and the speaker
60-10 of the house of representatives under Section 16.051(e).
60-11 SECTION 2.48. Section 36.108, Water Code, is amended to read
60-12 as follows:
60-13 Sec. 36.108. JOINT PLANNING IN MANAGEMENT AREA. (a) If two
60-14 or more districts are located within the boundaries of the same
60-15 management area, each district shall prepare a comprehensive
60-16 management plan as required by Section 36.1071 covering that
60-17 district's respective territory. On completion and certification
60-18 of the plan as required by Section 36.1072, each district shall
60-19 forward a copy of the new or revised management plan to the other
60-20 districts in the management area. The boards of the districts
60-21 shall consider the plans individually and shall compare them to
60-22 other management plans then in force in the management area.
60-23 (b) The board of directors of each district in the
60-24 management area may, by resolution, call for [a] joint planning
60-25 [meeting] with [the boards of directors of] the other districts in
60-26 the management area to review the management plans and
61-1 accomplishments for the management area. [The boards shall meet to
61-2 consider the plans individually and shall compare them to other
61-3 management plans then in force in the management area.] In
61-4 reviewing the management plans, the boards shall consider:
61-5 (1) the goals of each management plan and its impact
61-6 on planning throughout the management area;
61-7 (2) the effectiveness of the measures established by
61-8 each management plan for conserving and protecting groundwater and
61-9 preventing waste, and the effectiveness of these measures in the
61-10 management area generally; and
61-11 (3) any other matters that the boards consider
61-12 relevant to the protection and conservation of groundwater and the
61-13 prevention of waste in the management area.
61-14 (c) If a [A] joint meeting of the boards of directors is
61-15 called, the meeting must be held in accordance with [the Open
61-16 Meetings Act,] Chapter 551, Government Code. Notice of the meeting
61-17 shall be given in accordance with the requirements for notice of
61-18 district board of directors meetings under that Act. In addition,
61-19 notice of the meeting shall be published not later than the 30th
61-20 day before the date of the scheduled meeting in a newspaper with
61-21 general circulation in each county in the management area.
61-22 (d) A district in the management area may file with good
61-23 cause a petition with the commission requesting an inquiry if the
61-24 petitioner district adopted a resolution calling for joint planning
61-25 and the other district or districts refused to join in the planning
61-26 process or the process failed to result in adequate planning, and
62-1 the petition provides evidence [believes] that:
62-2 (1) another district in the management area has failed
62-3 to adopt rules;
62-4 (2) the groundwater in the management area is not
62-5 adequately protected by the rules adopted by another district; or
62-6 (3) the groundwater in the management area is not
62-7 adequately protected due to the failure of another district to
62-8 enforce substantial compliance with its rules.
62-9 (e) Not later than the 90th day after the date the petition
62-10 is filed, the commission shall review the petition and either:
62-11 (1) dismiss it if it finds that the evidence is not
62-12 adequate to show that any of the conditions alleged in the petition
62-13 exist; or
62-14 (2) select a review panel as provided in Subsection
62-15 (f).
62-16 (f) If the petition is not dismissed under Subsection (e),
62-17 the [The] commission shall [may] appoint a review panel consisting
62-18 of a chairman and four other members. A director or general
62-19 manager of a district located outside the management area that is
62-20 the subject of the petition may be appointed to the review panel.
62-21 The commission may not appoint more than two members of the review
62-22 panel from any one district. The commission also shall appoint a
62-23 disinterested person to serve as a nonvoting recording secretary
62-24 for the review panel. The recording secretary may be an employee
62-25 of the commission. The recording secretary shall record and
62-26 document the proceedings of the panel.
63-1 (g) Not later than the 120th day after appointment, the
63-2 review panel shall review the petition and any evidence relevant to
63-3 the petition and, in a public meeting, consider and adopt [prepare]
63-4 a report to be submitted to the commission. The commission may
63-5 direct the review panel to conduct public hearings at a location in
63-6 the management area to take evidence on the petition. The review
63-7 panel may attempt to negotiate a settlement or resolve the dispute
63-8 by any lawful means.
63-9 (h) In its report, the review panel shall include:
63-10 (1) a summary of all evidence taken in any hearing on
63-11 the petition;
63-12 (2) a list of findings and recommended actions
63-13 appropriate for the commission to take and the reasons it finds
63-14 those actions appropriate; and
63-15 (3) any other information the panel considers
63-16 appropriate.
63-17 (i) The review panel shall submit its report to the
63-18 commission.
63-19 (j) Districts located within the same management areas or in
63-20 adjacent management areas may contract to jointly conduct studies
63-21 or research, or to construct projects, under terms and conditions
63-22 that the districts consider beneficial. These joint efforts may
63-23 include studies of groundwater availability and quality, aquifer
63-24 modeling, and the interaction of groundwater and surface water;
63-25 educational programs; the purchase and sharing of equipment; and
63-26 the implementation of projects to make groundwater available,
64-1 including aquifer recharge, brush control, weather modification,
64-2 desalination, regionalization, and treatment or conveyance
64-3 facilities. The districts may contract under their existing
64-4 authorizations including those of Chapter 791, Government Code, if
64-5 their contracting authority is not limited by Sections
64-6 791.011(c)(2) and (d)(3) and Section 791.014, Government Code.
64-7 SECTION 2.49. Section 36.113, Water Code, is amended by
64-8 amending Subsection (d), adding a new Subsection (e), and
64-9 relettering existing Subsections (e) and (f) as Subsections (f) and
64-10 (g) to read as follows:
64-11 (d) Before granting or denying a permit, the district shall
64-12 consider whether:
64-13 (1) the application conforms to the requirements
64-14 prescribed by this chapter and is accompanied by the prescribed
64-15 fees;
64-16 (2) the proposed use of water unreasonably affects
64-17 existing groundwater and surface water resources or existing permit
64-18 holders;
64-19 (3) the proposed use of water is dedicated to any
64-20 beneficial use;
64-21 (4) the proposed use of water is consistent with the
64-22 district's certified water management plan;
64-23 (5) the applicant has agreed to avoid waste and
64-24 achieve water conservation; and
64-25 (6) the applicant has agreed that reasonable diligence
64-26 will be used to protect groundwater quality and that the applicant
65-1 will follow well plugging guidelines at the time of well closure.
65-2 (e) The district may impose more restrictive permit
65-3 conditions on new permit applications and increased use by historic
65-4 users if the limitations:
65-5 (1) apply to all subsequent new permit applications
65-6 and increased use by historic users, regardless of type or location
65-7 of use;
65-8 (2) bear a reasonable relationship to the existing
65-9 district management plan; and
65-10 (3) are reasonably necessary to protect existing use.
65-11 (f) Permits may be issued subject to the rules promulgated
65-12 by the district and subject to terms and provisions with reference
65-13 to the drilling, equipping, completion, or alteration of wells or
65-14 pumps that may be necessary to prevent waste and achieve water
65-15 conservation, minimize as far as practicable the drawdown of the
65-16 water table or the reduction of artesian pressure,
65-17 lessen interference between wells, or control and prevent
65-18 subsidence.
65-19 (g) [(f)] A district may require that changes in the
65-20 withdrawal and use of groundwater under a permit not be made
65-21 without the prior approval of a permit amendment issued by the
65-22 district.
65-23 SECTION 2.50. Section 36.116, Water Code, is amended to read
65-24 as follows:
65-25 Sec. 36.116. REGULATION OF SPACING AND PRODUCTION. (a) In
65-26 order to minimize as far as practicable the drawdown of the water
66-1 table or the reduction of artesian pressure, to control subsidence,
66-2 to prevent interference between wells, to prevent degradation of
66-3 water quality, or to prevent waste, a district by rule may
66-4 regulate:
66-5 (1) [provide for] the spacing of water wells by:
66-6 (A) requiring all water wells to be spaced a
66-7 certain distance from property lines or adjoining wells;
66-8 (B) requiring wells with a certain production
66-9 capacity, pump size, or other characteristic related to the
66-10 construction or operation of and production from a well to be
66-11 spaced a certain distance from property lines or adjoining wells;
66-12 or
66-13 (C) imposing spacing requirements adopted by the
66-14 board; and
66-15 (2) the production of groundwater by:
66-16 (A) setting production limits on wells;
66-17 (B) limiting the amount of water produced based
66-18 on acreage or tract size;
66-19 (C) limiting the amount of water that may be
66-20 produced from a defined number of acres assigned to an authorized
66-21 well site;
66-22 (D) limiting the maximum amount of water that
66-23 may be produced on the basis of acre-feet per acre or gallons per
66-24 minute per well site per acre; or
66-25 (E) any combination of the above [and may
66-26 regulate the production of wells].
67-1 (b) In promulgating any rules limiting groundwater
67-2 production, the district may preserve historic use before the
67-3 effective date of the rules to the maximum extent practicable
67-4 consistent with the district's comprehensive management plan under
67-5 Section 36.1071.
67-6 (c) In regulating the production of groundwater based on
67-7 tract size or acreage, a district may consider the service needs of
67-8 a retail water utility. For purposes of this subsection, "retail
67-9 water utility" shall have the meaning provided at Section 13.002.
67-10 SECTION 2.51. Section 36.117, Water Code, is amended to read
67-11 as follows:
67-12 Sec. 36.117. EXEMPTIONS; EXCEPTION; LIMITATIONS. (a) A
67-13 district may exempt wells from the requirement of obtaining
67-14 [requirements to obtain] a drilling permit, an operating permit, or
67-15 any other permit required by this chapter or the district's rules.
67-16 (b) A district may not require any [a] permit issued by the
67-17 district for:
67-18 (1) [drilling or producing from] a well used solely
67-19 for domestic use or for providing water for livestock or poultry on
67-20 a tract of land larger than 10 acres that is either drilled,
67-21 completed, or equipped so that it is incapable of producing more
67-22 than 25,000 gallons of groundwater a day;
67-23 (2) the drilling of a water well used solely to supply
67-24 water for a rig that is actively engaged in drilling or exploration
67-25 operations for an oil or gas well permitted by the Railroad
67-26 Commission of Texas provided that the person holding the permit is
68-1 responsible for drilling and operating the water well and the well
68-2 is located on the same lease or field associated with the drilling
68-3 rig; or [alteration of the size of a well or to restrict the
68-4 production of a well if the water produced or to be produced from
68-5 the well is used or to be used to supply the domestic needs of 10
68-6 or fewer households and a person who is a member of each household
68-7 is either the owner of the well, a person related to the owner or a
68-8 member of the owner's household within the second degree by
68-9 consanguinity, or an employee of the owner;]
68-10 (3) the drilling of a water well authorized under a
68-11 permit issued by the Railroad Commission of Texas under Chapter
68-12 134, Natural Resources Code, or for production from such a well to
68-13 the extent the withdrawals are required for mining activities
68-14 regardless of any subsequent use of the water. [or alteration of
68-15 the size of a well or to restrict the production from the well if
68-16 the water produced or to be produced from the well is used or to be
68-17 used to provide water for feeding livestock and poultry connected
68-18 with farming, ranching, or dairy enterprises; or]
68-19 [(4) water wells to supply water for hydrocarbon
68-20 production activities, regardless of whether those wells are
68-21 producing, that are associated with any well permitted by the
68-22 Railroad Commission of Texas drilled before September 1, 1985.]
68-23 [(b) The board shall adopt rules determining the
68-24 applicability of Subsection (a)(3) to facilities used primarily for
68-25 feeding livestock.]
68-26 (c) [The district shall not deny the owner of a tract of
69-1 land, or his lessee, who has no well equipped to produce more than
69-2 25,000 gallons a day on the tract, either a permit to drill a well
69-3 on his land or the privilege to produce groundwater from his land,
69-4 subject to the rules of the district.]
69-5 [(d)] A district may not restrict the production of any well
69-6 that is exempt from permitting under Subsection (b)(1) [equipped to
69-7 produce 25,000 gallons or less a day].
69-8 (d) Notwithstanding Subsection (b), a district may require a
69-9 well to be permitted by the district and to comply with all
69-10 district rules if:
69-11 (1) the purpose of a well exempted under Subsection
69-12 (b)(2) is no longer solely to supply water for a rig that is
69-13 actively engaged in drilling or exploration operations for an oil
69-14 or gas well permitted by the Railroad Commission of Texas; or
69-15 (2) the withdrawals from a well exempted under
69-16 Subsection (b)(3) are no longer necessary for mining activities or
69-17 are greater than the amount necessary for mining activities
69-18 specified in the permit issued by the Railroad Commission of Texas
69-19 under Chapter 134, Natural Resources Code.
69-20 (e) An entity holding a permit issued by the Railroad
69-21 Commission of Texas under Chapter 134, Natural Resources Code, that
69-22 authorizes the drilling of a water well shall report monthly to the
69-23 district:
69-24 (1) the total amount of water withdrawn during the
69-25 month;
69-26 (2) the quantity of water necessary for mining
70-1 activities; and
70-2 (3) the quantity of water withdrawn for other
70-3 purposes. [Nothing in this chapter applies to wells drilled for
70-4 oil, gas, sulphur, uranium, or brine, or for core tests, or for
70-5 injection of gas, saltwater, or other fluid, or for any other
70-6 purpose, under permits issued by the Railroad Commission of Texas.
70-7 A district may not require a drilling permit for a well to supply
70-8 water for drilling any wells permitted by the Railroad Commission
70-9 of Texas. Any well that ceases to be used for these purposes and
70-10 is then used as an ordinary water well is subject to the rules of
70-11 the district. Water wells drilled after September 1, 1997, to
70-12 supply water for hydrocarbon production activities must meet the
70-13 spacing requirements of the district unless no space is available
70-14 within 300 feet of the production well or the central injection
70-15 station.]
70-16 (f) Notwithstanding Subsection (d), a district may not
70-17 require a well exempted under Subsection (b)(3) to comply with the
70-18 spacing requirements of the district. [Water wells exempted under
70-19 this section shall be equipped and maintained so as to conform to
70-20 the district's rules requiring installation of casing, pipe, and
70-21 fittings to prevent the escape of groundwater from a groundwater
70-22 reservoir to any reservoir not containing groundwater and to
70-23 prevent the pollution or harmful alteration of the character of the
70-24 water in any groundwater reservoir.]
70-25 (g) A district may not deny an application for a permit to
70-26 drill and produce water for hydrocarbon production activities if
71-1 the application meets all applicable rules as promulgated by the
71-2 district.
71-3 (h) A [shall require] water well [wells] exempted under
71-4 Subsection (a) or (b) shall:
71-5 (1) [this section to] be registered in accordance with
71-6 rules promulgated by the district; and
71-7 (2) [before drilling. All exempt water wells shall]
71-8 be equipped and maintained so as to conform to the district's rules
71-9 requiring installation of casing, pipe, and fittings to prevent the
71-10 escape of groundwater from a groundwater reservoir to any reservoir
71-11 not containing groundwater and to prevent the pollution or harmful
71-12 alteration of the character of the water in any groundwater
71-13 reservoir.
71-14 (i) The driller of a well exempted under Subsection (a) or
71-15 (b) shall file the drilling log with the district.
71-16 (j) [(h)] A well to supply water for a subdivision of land
71-17 for which a plat approval is required by Chapter 232, Local
71-18 Government Code, [law] is not exempted under Subsection (b) [this
71-19 section].
71-20 (k) Groundwater withdrawn from a well exempt from permitting
71-21 or regulation under this section and subsequently transported
71-22 outside the boundaries of the district is subject to any applicable
71-23 production and export fees under Sections 36.122 and 36.205.
71-24 (l) This chapter applies to water wells, including water
71-25 wells used to supply water for activities related to the
71-26 exploration or production of hydrocarbons or minerals. This
72-1 chapter does not apply to production or injection wells drilled for
72-2 oil, gas, sulphur, uranium, or brine, or for core tests, or for
72-3 injection of gas, saltwater, or other fluids, under permits issued
72-4 by the Railroad Commission of Texas.
72-5 SECTION 2.52. Section 36.122, Water Code, is amended to read
72-6 as follows:
72-7 Sec. 36.122. TRANSFER OF GROUNDWATER OUT OF DISTRICT.
72-8 (a) If an application for a permit or an amendment to a permit
72-9 under Section 36.113 proposes the transfer of groundwater outside
72-10 of a district's boundaries, the district may also consider the
72-11 provisions of this section in determining whether to grant or deny
72-12 the permit or permit amendment.
72-13 (b) A district may promulgate rules requiring a person to
72-14 obtain a permit or an amendment to a permit under Section 36.113
72-15 from the district for the transfer of groundwater out of the
72-16 district to:
72-17 (1) increase, on or after March 2, 1997, the amount of
72-18 groundwater to be transferred under a continuing arrangement in
72-19 effect before that date; or
72-20 (2) transfer groundwater out of the district on or
72-21 after March 2, 1997, under a new arrangement.
72-22 (c) Except as provided in Section 36.113(e), the district
72-23 may not impose more restrictive permit conditions on transporters
72-24 than the district imposes on existing in-district users.
72-25 (d) [(b)] The district may impose a reasonable fee for
72-26 processing an application [for a permit] under this section. The
73-1 fee may not exceed fees that the district imposes for processing
73-2 other applications under Section 36.113. An application filed to
73-3 comply with this section shall be considered and processed under
73-4 the same procedures as other applications for permits under Section
73-5 36.113 and shall be combined with applications filed to obtain a
73-6 permit for in-district water use under Section 36.113 from the same
73-7 applicant.
73-8 (e) The district may impose a reasonable fee or surcharge
73-9 for an export fee using one of the following methods:
73-10 (1) a fee negotiated between the district and the
73-11 transporter;
73-12 (2) a rate not to exceed the equivalent of the
73-13 district's tax rate per hundred dollars of valuation for each
73-14 thousand gallons of water transferred out of the district or 2.5
73-15 cents per thousand gallons of water, if the district assesses a tax
73-16 rate of less than 2.5 cents per hundred dollars of valuation; or
73-17 (3) for a fee-based district, a 50 percent export
73-18 surcharge, in addition to the district's production fee, for water
73-19 transferred out of the district.
73-20 (f) [(c) Before issuing a permit under this section, the
73-21 district must give notice of the application and hold a public
73-22 hearing.]
73-23 [(d)] In reviewing a proposed transfer of groundwater out of
73-24 the district [determining whether to issue a permit under this
73-25 section], the district shall consider:
73-26 (1) the availability of water in the district and in
74-1 the proposed receiving area during the period for which the water
74-2 supply is requested;
74-3 (2) [the availability of feasible and practicable
74-4 alternative supplies to the applicant;]
74-5 [(3) the amount and purposes of use in the proposed
74-6 receiving area for which water is needed;]
74-7 [(4)] the projected effect of the proposed transfer on
74-8 aquifer conditions, depletion, subsidence, or effects on existing
74-9 permit holders or other groundwater users within the district; and
74-10 (3) [(5)] the approved regional water plan and
74-11 certified district management plan.
74-12 (g) [(e)] The district may not deny a permit based on the
74-13 fact that the applicant seeks to transfer groundwater outside of
74-14 the district but may limit a permit issued under this section if
74-15 conditions in Subsection (f) [(d)] warrant the limitation, subject
74-16 to Subsection (c).
74-17 (h) [(f)] In addition to conditions provided by Section
74-18 36.1131, the permit shall specify:
74-19 (1) the amount of water that may be transferred out of
74-20 the district; and
74-21 (2) the period for which the water may be transferred.
74-22 (i) The period specified by Subsection (h)(2) shall be:
74-23 (1) at least three years if construction of a
74-24 conveyance system has not been initiated prior to the issuance of
74-25 the permit; or
74-26 (2) at least 30 years if construction of a conveyance
75-1 system has been initiated prior to the issuance of the permit.
75-2 (j) A term under Subsection (i)(1) shall automatically be
75-3 extended to the terms agreed to under Subsection (i)(2) if
75-4 construction of a conveyance system is begun before the expiration
75-5 of the initial term.
75-6 (k) Notwithstanding the period specified in Subsections (i)
75-7 and (j) during which water may be transferred under a permit, a
75-8 district may periodically review the amount of water that may be
75-9 transferred under the permit and may limit the amount if additional
75-10 factors considered in Subsection (f) warrant the limitation,
75-11 subject to Subsection (c). The review described by this subsection
75-12 may take place not more frequently than the period provided for the
75-13 review or renewal of regular permits issued by the district. In
75-14 its determination of whether to renew a permit issued under this
75-15 section, the district shall consider relevant and current data for
75-16 the conservation of groundwater resources and shall consider the
75-17 permit in the same manner it would consider any other permit in the
75-18 district.
75-19 (l) A district is prohibited from using revenues obtained
75-20 under Subsection (e) to prohibit the transfer of groundwater
75-21 outside of a district. A district is not prohibited from using
75-22 revenues obtained under Subsection (e) for paying expenses related
75-23 to enforcement of this chapter or district rules.
75-24 (m) [(g)] A district may not prohibit the export of
75-25 groundwater if the purchase was in effect on or before June 1,
75-26 1997.
76-1 (n) [(h)] This section applies only to a transfer of water
76-2 that is permitted [initiated or increased] after September 1, 1997
76-3 [the effective date of this section].
76-4 (o) [(i)] A district shall adopt rules as necessary to
76-5 implement this section but may not adopt rules expressly
76-6 prohibiting the export of groundwater.
76-7 (p) Subsection (e) does not apply to a district that is
76-8 collecting an export fee or surcharge on March 1, 2001.
76-9 (q) In applying this section, a district must be fair,
76-10 impartial, and nondiscriminatory.
76-11 SECTION 2.53. Section 36.205, Water Code, is amended to read
76-12 as follows:
76-13 Sec. 36.205. AUTHORITY TO SET FEES. (a) A district may set
76-14 fees for administrative acts of the district, such as filing
76-15 applications. Fees set by a district may not unreasonably exceed
76-16 the cost to the district of performing the administrative function
76-17 for which the fee is charged.
76-18 (b) A district shall set and collect fees for all services
76-19 provided outside the boundaries of the district. The fees may not
76-20 unreasonably exceed the cost to the district of providing the
76-21 services outside the district.
76-22 (c) A district may assess production fees based on the
76-23 amount of water authorized by permit to be withdrawn from a well or
76-24 the amount actually withdrawn. A district may assess the fees in
76-25 lieu of, or in conjunction with, any taxes otherwise levied by the
76-26 district. A district may use revenues generated by the fees for
77-1 any lawful purpose. Production fees [Fees based on the amount of
77-2 water to be withdrawn from a well] shall not exceed:
77-3 (1) $1 [one dollar] per acre-foot payable annually
77-4 [acre foot] for water used for agricultural use [the purpose of
77-5 irrigating agricultural crops]; or
77-6 (2) $10 per acre-foot payable annually [17 cents per
77-7 thousand gallons] for water used for any other purpose.
77-8 (d) The Barton Springs-Edwards Aquifer Conservation
77-9 District, the Lone Star Groundwater Conservation District, and the
77-10 Guadalupe County Groundwater Conservation District may not charge
77-11 production fees for an annual period greater than $1 per acre-foot
77-12 for water used for agricultural use or 17 cents per thousand
77-13 gallons for water used for any other purpose. The Barton
77-14 Springs-Edwards Aquifer Conservation District [A district affected
77-15 by Subsection (c)(2) that also] may assess a water use fee against
77-16 a specific municipality in [shall assess] an amount not to exceed
77-17 60 percent of the total funding of the district received from water
77-18 use fees assessed against that municipality and other nonexempt
77-19 users in the district. This subsection shall take precedence over
77-20 all prior enactments.
77-21 (e) Subsection (c) does not apply to the following
77-22 districts:
77-23 (1) the Edwards Aquifer Authority;
77-24 (2) the Fort Bend Subsidence District; [or]
77-25 (3) the Harris-Galveston Coastal Subsidence District;
77-26 (4) the Barton Springs-Edwards Aquifer Conservation
78-1 District; or
78-2 (5) any district that collects a property tax and that
78-3 was created before September 1, 1999, unless otherwise authorized
78-4 by special law.
78-5 (f) A district, including a district described under
78-6 Subsection (d), may assess a production fee under Subsection (c)
78-7 for any water produced under an exemption under Section 36.117 if
78-8 that water is subsequently sold to another person.
78-9 (g) A district may assess a transportation fee under Section
78-10 36.122.
78-11 SECTION 2.54. Section 36.206, Water Code, is amended by
78-12 amending Subsection (b) and adding Subsection (c) to read as
78-13 follows:
78-14 (b) The rate of fees set for [crop or livestock production
78-15 or other] agricultural uses shall be no more than 20 percent of the
78-16 rate applied to municipal uses.
78-17 (c) District fees may not be used to purchase groundwater
78-18 rights unless the purchased rights are acquired for conservation
78-19 purposes and are permanently held in trust not to be produced.
78-20 SECTION 2.55. Subchapter I, Chapter 36, Water Code, is
78-21 amended by adding Section 36.3011 to read as follows:
78-22 Sec. 36.3011. FAILURE OF A DISTRICT TO CONDUCT JOINT
78-23 PLANNING. (a) If the board of a district within a common
78-24 management area fails to forward a copy of its new or revised
78-25 certified management plan under Section 36.108, the commission
78-26 shall take appropriate action under Section 36.303.
79-1 (b) Not later than the 45th day after receiving the review
79-2 panel's report under Section 36.108, the executive director or the
79-3 commission shall take action to implement any or all of the panel's
79-4 recommendations. If the commission finds that a district in the
79-5 joint planning area has failed to adopt rules, the groundwater in
79-6 the management area is not adequately protected by the rules
79-7 adopted by the district, or the groundwater in the management area
79-8 is not adequately protected because of the district's failure to
79-9 enforce substantial compliance with its rules, the commission may
79-10 take any action it considers necessary in accordance with Section
79-11 36.303.
79-12 SECTION 2.56. Subsection (a), Section 36.303, Water Code, is
79-13 amended to read as follows:
79-14 (a) If Section 36.108, 36.301, or 36.302(f) applies, the
79-15 commission, after notice and hearing in accordance with Chapter
79-16 2001, Government Code, shall take action the commission considers
79-17 appropriate, including:
79-18 (1) issuing an order requiring the district to take
79-19 certain actions or to refrain from taking certain actions;
79-20 (2) dissolving the board in accordance with Sections
79-21 36.305 and 36.307 and calling an election for the purpose of
79-22 electing a new board;
79-23 (3) requesting the attorney general to bring suit for
79-24 the appointment of a receiver to collect the assets and carry on
79-25 the business of the groundwater conservation district [removing the
79-26 district's taxing authority]; or
80-1 (4) dissolving the district in accordance with
80-2 Sections 36.304, 36.305, and 36.308.
80-3 SECTION 2.57. Subchapter I, Chapter 36, Water Code, is
80-4 amended by adding Section 36.3035 to read as follows:
80-5 Sec. 36.3035. APPOINTMENT OF A RECEIVER. (a) If the
80-6 attorney general brings a suit for the appointment of a receiver
80-7 for a district, a district court shall appoint a receiver if an
80-8 appointment is necessary to protect the assets of the district.
80-9 (b) The receiver shall execute a bond in an amount to be set
80-10 by the court to ensure the proper performance of the receiver's
80-11 duties.
80-12 (c) After appointment and execution of bond, the receiver
80-13 shall take possession of the assets of the district specified by
80-14 the court.
80-15 (d) Until discharged by the court, the receiver shall
80-16 perform the duties that the court directs to preserve the assets
80-17 and carry on the business of the district and shall strictly
80-18 observe the final order involved.
80-19 (e) On a showing of good cause by the district, the court
80-20 may dissolve the receivership and order the assets and control of
80-21 the business returned to the district.
80-22 SECTION 2.58. Section 51.149, Water Code, is amended to read
80-23 as follows:
80-24 Sec. 51.149. CONTRACTS. (a) No approvals other than those
80-25 specified in Subsection (c) and in Section 1, Chapter 778, Acts of
80-26 the 74th Legislature, Regular Session, 1995, need be obtained in
81-1 order for a contract between a district and a municipality to be
81-2 valid, binding, and enforceable against all parties to the
81-3 contract. After approval by a majority of the electors voting at
81-4 an election conducted in the manner of a bond election, a district
81-5 may make payments under a contract from taxes for debt that does
81-6 not exceed 30 years.
81-7 (b) [(d)] A contract may provide that the district will make
81-8 payments under the contract from proceeds from the sale of notes or
81-9 bonds, from taxes, from any other income of the district, or from
81-10 any combination of these.
81-11 (c) [(e)] A district may make payments under a contract from
81-12 taxes, other than maintenance taxes, after the provisions of the
81-13 contract have been approved by a majority of the electors voting at
81-14 an election held for that purpose.
81-15 (d) [(f)] Any contract election may be held at the same time
81-16 as and in conjunction with an election to issue bonds, and the
81-17 procedure for calling the election, giving notice, conducting the
81-18 election, and canvassing the returns shall be the same as the
81-19 procedure for a bond election.
81-20 (e) A district created pursuant to Chapter 628, Acts of the
81-21 68th Legislature, Regular Session, 1983, is defined as a municipal
81-22 corporation and political subdivision pursuant to Chapter 405, Acts
81-23 of the 76th Legislature, Regular Session, 1999, and is authorized
81-24 to take action accordingly.
81-25 SECTION 2.59. Subsection (a), Section 182.052, Utilities
81-26 Code, is amended to read as follows:
82-1 (a) Except as provided by Section 182.054, a
82-2 government-operated utility may not disclose personal information
82-3 in a customer's account record, or any information relating to the
82-4 volume or units of utility usage or the amounts billed to or
82-5 collected from the individual for utility usage, if the customer
82-6 requests that the government-operated utility keep the information
82-7 confidential. However, a government-operated utility may disclose
82-8 information related to the customer's volume or units of utility
82-9 usage or amounts billed to or collected from the individual for
82-10 utility usage if the primary source of water for such utility was a
82-11 sole-source designated aquifer.
82-12 SECTION 2.60. Section 1.03, Chapter 626, Acts of the 73rd
82-13 Legislature, Regular Session, 1993, is amended by adding
82-14 Subdivisions (26) and (27) to read as follows:
82-15 (26) "Agricultural use" means any use or activity
82-16 involving any of the following activities:
82-17 (A) cultivating the soil to produce crops for
82-18 human food, animal feed, or planting seed or for the production of
82-19 fibers;
82-20 (B) the practice of floriculture, viticulture,
82-21 silviculture, and horticulture, including the cultivation of plants
82-22 in containers or nonsoil media, by a nursery grower;
82-23 (C) raising, feeding, or keeping animals for
82-24 breeding purposes or for the production of food or fiber, leather,
82-25 pelts, or other tangible products having a commercial value;
82-26 (D) wildlife management;
83-1 (E) raising or keeping equine animals; and
83-2 (F) planting cover crops, including cover crops
83-3 cultivated for transplantation, or leaving land idle for the
83-4 purpose of participating in any governmental program or normal crop
83-5 or livestock rotation procedure.
83-6 (27) "Nursery grower" means a person who grows more
83-7 than 50 percent of the products that the person either sells or
83-8 leases, regardless of the variety sold, leased, or grown. For the
83-9 purpose of this definition, "grow" means the actual cultivation or
83-10 propagation of the product beyond the mere holding or maintaining
83-11 of the item before sale or lease and typically includes activities
83-12 associated with the production or multiplying of stock, such as the
83-13 development of new plants from cuttings, grafts, plugs, or
83-14 seedlings.
83-15 SECTION 2.61. Subsection (e), Section 1.29, Chapter 626,
83-16 Acts of the 73rd Legislature, Regular Session, 1993, is amended to
83-17 read as follows:
83-18 (e) In developing an equitable fee structure under this
83-19 section, the authority may establish different fee rates on a per
83-20 acre-foot basis for different types of use. The fees must be
83-21 equitable between types of uses. The fee rate for agricultural use
83-22 shall be based on the volume of water withdrawn and may not be more
83-23 than $2 per acre-foot [20 percent of the fee rate for municipal
83-24 use]. The authority shall assess the fees on the amount of water a
83-25 permit holder is authorized to withdraw under the permit.
83-26 SECTION 2.62. Section 1.44, Chapter 626, Acts of the 73rd
84-1 Legislature, Regular Session, 1993, is amended by adding Subsection
84-2 (e) to read as follows:
84-3 (e) The authority may contract for injection or artificial
84-4 recharge under this section only if provision is made for
84-5 protecting and maintaining the quality of groundwater in the
84-6 receiving part of the aquifer, and:
84-7 (1) the water used for artificial recharge is
84-8 groundwater withdrawn from the aquifer; or
84-9 (2) the water is recharged through a natural recharge
84-10 feature.
84-11 SECTION 2.63. Subsections (a) and (b), Section 4.03, Chapter
84-12 1029, Acts of the 76th Legislature, Regular Session, 1999, are
84-13 amended to read as follows:
84-14 (a) The authority may establish fees, rates, and charges,
84-15 and classifications of fee payers and ratepayers, as necessary to
84-16 enable the authority to fulfill the authority's purposes and
84-17 regulatory obligations provided by this Act.
84-18 (b) The authority may charge against the owner of a well
84-19 located in the authority's boundaries a fee on the amount of water
84-20 pumped from the well. The board shall establish the rate of a fee
84-21 under this subsection only after a special meeting on the fee. The
84-22 board shall by rule exempt from the fee under this subsection those
84-23 classes of wells that are not subject to groundwater reduction
84-24 requirements imposed by the subsidence district, except that if any
84-25 of those classes of wells become subject at a future date to a
84-26 groundwater reduction requirement imposed by the subsidence
85-1 district, then the authority may after that date charge the fee
85-2 under this subsection to those affected classes of wells. The
85-3 board by rule may exempt any other classes of wells from the fee
85-4 under this subsection. The board may not apply the fee to a well:
85-5 (1) with a casing diameter of less than five inches
85-6 that serves a single-family dwelling;
85-7 (2) regulated under Chapter 27, Water Code;
85-8 (3) used for irrigation of agricultural crops; or
85-9 (4) [that produces 10 million gallons or less
85-10 annually; or]
85-11 [(5)] used solely for electric generation.
85-12 ARTICLE 3. DISTRICT RATIFICATIONS AND CREATIONS
85-13 PART 1. COW CREEK GROUNDWATER CONSERVATION DISTRICT
85-14 SECTION 3.0101. RATIFICATION OF CREATION. (a) The creation
85-15 of the Cow Creek Groundwater Conservation District in Kendall
85-16 County by Chapter 1331, Acts of the 76th Legislature, Regular
85-17 Session, 1999, is ratified as required by Section 15(a) of that
85-18 chapter, subject to approval at a confirmation election under
85-19 Section 3.0108 of this part. The district is a governmental agency
85-20 and a body politic and corporate.
85-21 (b) The district may develop and implement regulatory,
85-22 conservation, and recharge programs that preserve and protect
85-23 groundwater resources located in the district.
85-24 SECTION 3.0102. DEFINITIONS. In this part:
85-25 (1) "District" means the Cow Creek Groundwater
85-26 Conservation District.
86-1 (2) "Retail public utility" means a retail public
86-2 utility as defined by Section 13.002, Water Code, that is providing
86-3 service in the district on September 1, 2001.
86-4 (3) "Well" means any excavation drilled or dug into
86-5 the ground that may intercept or penetrate a water-bearing stratum
86-6 or formation.
86-7 SECTION 3.0103. BOUNDARIES. The boundaries of the district
86-8 are coextensive with the boundaries of Kendall County.
86-9 SECTION 3.0104. POWERS. Except as otherwise provided by
86-10 this part, the district has all of the rights, powers, privileges,
86-11 authority, functions, and duties provided by the general law of the
86-12 state, including Chapter 36, Water Code, applicable to groundwater
86-13 conservation districts created under Section 59, Article XVI, Texas
86-14 Constitution. This part prevails over any provision of general
86-15 law, including Chapter 36, Water Code, or Chapter 1331, Acts of the
86-16 76th Legislature, Regular Session, 1999, that is in conflict or
86-17 inconsistent with this part.
86-18 SECTION 3.0105. BOARD OF DIRECTORS. (a) The district is
86-19 governed by a board of five directors.
86-20 (b) Temporary directors serve until initial directors are
86-21 elected under Sections 3.0108 and 3.0109 of this part or until this
86-22 part expires under Section 3.0108 of this part, whichever occurs
86-23 first.
86-24 (c) Initial directors serve until permanent directors are
86-25 elected under Section 3.0110 of this part.
86-26 (d) Permanent directors serve staggered four-year terms.
87-1 (e) A director serves until the director's successor has
87-2 qualified.
87-3 (f) Each director must qualify to serve as director in the
87-4 manner provided by Section 36.055, Water Code.
87-5 (g) A vacancy in the office of director is filled by
87-6 appointment of the board until the next election for directors. At
87-7 the next election for directors, a person shall be elected to fill
87-8 the position. If the position is not scheduled to be filled at the
87-9 election, the person elected to fill the position shall serve only
87-10 for the remainder of the unexpired term.
87-11 SECTION 3.0106. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
87-12 PRECINCTS. (a) The directors of the district shall be elected
87-13 according to the commissioners precinct method as provided by this
87-14 part.
87-15 (b) One director shall be elected by the qualified voters of
87-16 the entire district and one director shall be elected from each
87-17 county commissioners precinct by the qualified voters of that
87-18 precinct.
87-19 (c) A person shall indicate on the application for a place
87-20 on the ballot the precinct that the person seeks to represent or
87-21 that the person seeks to represent the district at large.
87-22 (d) When the boundaries of the commissioners precincts are
87-23 changed, each director in office on the effective date of the
87-24 change or elected to a term of office beginning on or after the
87-25 effective date of the change serves in the precinct to which the
87-26 director was elected for the entire term to which the director was
88-1 elected, even though the change in boundaries places the person's
88-2 residence outside the precinct for which the person was elected.
88-3 (e) To be eligible to be a candidate for or to serve as
88-4 director from a county commissioners precinct, a person must be a
88-5 registered voter in the precinct from which the person is elected
88-6 or appointed. To be eligible to be a candidate for or to serve as
88-7 director at large, a person must be a registered voter in the
88-8 district.
88-9 SECTION 3.0107. TEMPORARY DIRECTORS. (a) The temporary
88-10 board of directors shall be appointed by the county commissioners
88-11 court. One temporary director shall be appointed from each
88-12 commissioners precinct, and one temporary director shall be a
88-13 director at large.
88-14 (b) If a temporary director fails to qualify for office, the
88-15 temporary directors who have qualified shall appoint a person to
88-16 fill the vacancy. If at any time there are fewer than three
88-17 qualified temporary directors, the Texas Natural Resource
88-18 Conservation Commission shall appoint the necessary number of
88-19 persons to fill all vacancies on the board.
88-20 SECTION 3.0108. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
88-21 (a) The temporary board of directors shall call and hold an
88-22 election to confirm establishment of the district and to elect five
88-23 initial directors.
88-24 (b) A person who wishes to be a candidate for the office of
88-25 initial director may file an application with the temporary board
88-26 of directors to have the candidate's name printed on the ballot as
89-1 provided by Section 3.0106 of this part.
89-2 (c) At the confirmation and initial directors election, the
89-3 temporary board of directors shall have the names of the five
89-4 persons serving as temporary directors placed on the ballot by
89-5 commissioners precinct and as at-large director, together with the
89-6 name of any candidate filing for the office of director as provided
89-7 by this section.
89-8 (d) If a majority of the votes cast at the election favor
89-9 the creation of the district, the temporary directors shall declare
89-10 the district created. If a majority of the votes cast at the
89-11 election are against the creation of the district, the temporary
89-12 directors shall declare the district defeated. The temporary
89-13 directors shall file a copy of the election results with the Texas
89-14 Natural Resource Conservation Commission.
89-15 (e) If a majority of the votes cast at the election are
89-16 against the creation of the district, the temporary directors may
89-17 call and hold subsequent elections to confirm establishment of the
89-18 district and to elect initial directors. A subsequent election may
89-19 not be held earlier than the first anniversary of the date on which
89-20 the previous election was held. If the district is not created
89-21 before September 1, 2006, this part expires on that date.
89-22 (f) Section 41.001(a), Election Code, does not apply to a
89-23 confirmation and initial directors election held under this
89-24 section.
89-25 (g) Section 36.017(a), Water Code, does not apply to the
89-26 district.
90-1 (h) Except as provided by this section, a confirmation and
90-2 directors election must be conducted as provided by Sections
90-3 36.017(b)-(h), Water Code, and the Election Code.
90-4 SECTION 3.0109. INITIAL DIRECTORS. (a) If the district is
90-5 created at the election, the temporary directors, at the time the
90-6 vote is canvassed, shall declare the candidate receiving the most
90-7 votes for each commissioners precinct or for the at-large director
90-8 to be elected as the initial directors.
90-9 (b) The initial directors for Precincts 2 and 3 serve until
90-10 the first regular meeting of the board of directors held after the
90-11 first permanent directors election under Section 3.0110 of this
90-12 part. The initial directors for Precincts 1 and 4 and the initial
90-13 director representing the district at large serve until the first
90-14 regular meeting of the board of directors held after the second
90-15 permanent directors election under Section 3.0110 of this part.
90-16 SECTION 3.0110. ELECTION OF PERMANENT DIRECTORS. Beginning
90-17 in the second year after the year in which the district is
90-18 authorized to be created at a confirmation election, an election
90-19 shall be held in the district on the first Saturday in May every
90-20 two years to elect the appropriate number of directors to the
90-21 board.
90-22 SECTION 3.0111. ADDITIONAL AUTHORITY. (a) The district may
90-23 contract with one or more state agencies or other governmental
90-24 bodies, including a county, a river authority, or another district,
90-25 to carry out any function of the district.
90-26 (b) The district may require a drilling permit before a new
91-1 well is drilled or an existing well is substantially altered.
91-2 Notwithstanding an exemption for a well under Section 36.117, Water
91-3 Code, written authorization granted by the district must be
91-4 received before a new well is drilled or an existing well is
91-5 substantially altered.
91-6 (c) The district may participate in the construction,
91-7 implementation, and maintenance of best management practices for
91-8 water resource management in the district and may engage in and
91-9 promote the acceptance of best management practices through
91-10 education efforts sponsored by the district. Construction,
91-11 implementation, and maintenance of best management practices must
91-12 address water quantity and quality practices such as brush
91-13 management, prescribed grazing, recharge structures, water and silt
91-14 detention and retention structures, plugging of abandoned wells,
91-15 rainwater harvesting, and other treatment measures for the
91-16 conservation of water resources.
91-17 (d) Reasonable fees, as determined by the district, may be
91-18 imposed on an annual basis on each nonexempt well. The district
91-19 shall adopt any rules necessary for the assessment and collection
91-20 of fees under this subsection.
91-21 (e) The district may use money collected from fees:
91-22 (1) in any manner necessary for the management and
91-23 operation of the district;
91-24 (2) to pay all or part of the principal of and
91-25 interest on district bonds or notes; and
91-26 (3) for any purpose consistent with the district's
92-1 certified water management plan.
92-2 (f) The district shall grant an exemption or other relief
92-3 from ad valorem taxes on property on which a water conservation
92-4 initiative has been implemented. The district shall adopt rules to
92-5 implement this subsection. A retail public utility shall receive
92-6 the same exemption or relief from ad valorem taxes on property as
92-7 any other customer of the district would receive.
92-8 (g) As a water conservation initiative to encourage retail
92-9 public utilities to obtain water supplies from sources other than
92-10 groundwater, the district shall grant an exemption or other relief
92-11 from ad valorem taxes on property served by a retail public utility
92-12 based on:
92-13 (1) the percentage of potable water supplied within
92-14 the district by the retail public utility from sources other than
92-15 groundwater compared to the total water supplied by the retail
92-16 public utility for the preceding year; and
92-17 (2) the percentage of wastewater effluent produced by
92-18 the retail public utility that is used as reclaimed water within
92-19 the district compared to the total wastewater effluent produced by
92-20 the retail public utility for the preceding year. The district
92-21 may consider the impact of floods and equipment breakage on the
92-22 retail public utility's ability to supply water from sources other
92-23 than groundwater.
92-24 (h) The total amount of the exemption or other relief from
92-25 ad valorem taxes may not exceed one-half of the tax levied by the
92-26 district.
93-1 SECTION 3.0112. PROHIBITED ACTS. The district may not:
93-2 (1) impose an ad valorem property tax for
93-3 administrative, operation, or maintenance expenses that exceeds the
93-4 lesser of the rate approved by the majority of the qualified voters
93-5 voting in the election authorizing the tax, or three cents per $100
93-6 valuation;
93-7 (2) require the owner of a well used solely for
93-8 domestic or livestock purposes to install a meter or measuring
93-9 device on the well;
93-10 (3) enter into any contract or engage in any action to
93-11 supply water to any person in the service area of any municipality
93-12 or retail public utility located in the district, except with the
93-13 consent of the municipality or retail public utility; or
93-14 (4) issue any bonds secured by ad valorem taxes before
93-15 September 1, 2004.
93-16 PART 2. CROSSROADS GROUNDWATER CONSERVATION DISTRICT
93-17 SECTION 3.0201. RATIFICATION OF CREATION. The creation of
93-18 the Crossroads Groundwater Conservation District in Victoria County
93-19 by Chapter 1331, Acts of the 76th Legislature, Regular Session,
93-20 1999, is ratified as required by Section 15(a) of that chapter,
93-21 subject to approval at a confirmation election under Section 3.0210
93-22 of this part.
93-23 SECTION 3.0202. DEFINITIONS. In this part:
93-24 (1) "Board" means the district's board of directors.
93-25 (2) "Commissioners court" means the Victoria County
93-26 Commissioners Court.
94-1 (3) "District" means the Crossroads Groundwater
94-2 Conservation District.
94-3 SECTION 3.0203. LEGISLATIVE FINDINGS. The legislature finds
94-4 that:
94-5 (1) the organization of the district is feasible and
94-6 practicable;
94-7 (2) all of the land to be included in, and the
94-8 residents of, the district will benefit from the creation of the
94-9 district;
94-10 (3) there is a public necessity for the district; and
94-11 (4) the creation of the district will provide a
94-12 benefit and utility to the public.
94-13 SECTION 3.0204. BOUNDARIES. The boundaries of the district
94-14 are coextensive with the boundaries of Victoria County.
94-15 SECTION 3.0205. APPLICATION OF CHAPTER 36, WATER CODE;
94-16 GENERAL POWERS AND DUTIES. (a) Except to the extent of any
94-17 conflict with this part or as specifically limited by this part,
94-18 the district is governed by and subject to Chapter 36, Water Code,
94-19 and may exercise all of the powers contained in that chapter,
94-20 including the power to issue bonds and levy and collect taxes and
94-21 the power of eminent domain. The district may exercise all of the
94-22 duties provided by Chapter 36, Water Code.
94-23 (b) This part prevails over any conflicting or inconsistent
94-24 provision of Chapter 1331, Acts of the 76th Legislature, Regular
94-25 Session, 1999.
94-26 SECTION 3.0206. BOARD OF DIRECTORS. (a) The district is
95-1 governed by a board of seven directors.
95-2 (b) The directors for Places 1-4 are appointed by the
95-3 commissioners court. The directors for Places 5-7 are appointed by
95-4 the city council of the City of Victoria.
95-5 (c) The directors shall select from their members persons to
95-6 serve as chairman, vice chairman, and secretary.
95-7 SECTION 3.0207. QUALIFICATIONS OF BOARD MEMBERS. To be
95-8 qualified for appointment as a director, a person must be a
95-9 resident of the district and must be at least 18 years of age.
95-10 SECTION 3.0208. TERM OF OFFICE. (a) Except for the
95-11 temporary and initial directors of the district, directors serve
95-12 staggered four-year terms.
95-13 (b) A vacancy in the office of director is filled for the
95-14 remainder of the term by appointment by the commissioners court or
95-15 the city council of the City of Victoria, as appropriate.
95-16 SECTION 3.0209. TEMPORARY DIRECTORS. (a) On September 1,
95-17 2001, the following persons are designated as temporary directors
95-18 of the district:
95-19 (1) Place 1: Mark Dierlam
95-20 (2) Place 2: Rocky Sanders
95-21 (3) Place 3: S. F. Ruschhaupt III
95-22 (4) Place 4: Joseph Dial
95-23 (5) Place 5: Stephen Diebel
95-24 (6) Place 6: Jerry James
95-25 (7) Place 7: Denise McCue
95-26 (b) If a temporary director fails to qualify for office or
96-1 if a vacancy occurs in the office of temporary director for any
96-2 reason, the commissioners court shall appoint a person to fill a
96-3 vacancy in Place 1, 2, 3, or 4, and the city council of the City of
96-4 Victoria shall appoint a person to fill a vacancy in Place 5, 6, or
96-5 7.
96-6 (c) The temporary directors shall select from their members
96-7 persons to serve as chairman, vice chairman, and secretary.
96-8 (d) The temporary directors serve until they declare the
96-9 district created, at which time they become the initial directors
96-10 of the district under Section 3.0211 of this part.
96-11 (e) To be qualified to serve as a temporary director, a
96-12 person must be a resident of Victoria County and at least 18 years
96-13 of age.
96-14 SECTION 3.0210. CONFIRMATION ELECTION. (a) Not later than
96-15 October 1, 2001, and without the necessity of having a petition
96-16 presented, the temporary directors shall meet and call an election
96-17 to be held not later than January 1, 2002, within the boundaries of
96-18 the proposed district to confirm the creation of the district.
96-19 (b) Section 41.001(a), Election Code, does not apply to an
96-20 election called under this section.
96-21 (c) The ballot for the election shall be printed to provide
96-22 for a vote for or against the following propositions:
96-23 (1) the creation of the Crossroads Groundwater
96-24 Conservation District in Victoria County; and
96-25 (2) the levy and collection of a property tax in the
96-26 district.
97-1 (d) The temporary board may include other propositions on
97-2 the ballot that it considers necessary.
97-3 (e) If a majority of votes cast at the election favor the
97-4 creation of the district, the temporary directors shall declare the
97-5 district created. If a majority of the votes cast at the election
97-6 are against the creation of the district, the temporary directors
97-7 shall declare the district defeated. The temporary directors shall
97-8 file a copy of the election results with the Texas Natural Resource
97-9 Conservation Commission.
97-10 (f) If the creation of the district is defeated, further
97-11 elections may be called and held after the first anniversary of the
97-12 most recent confirmation election. If the district is not created
97-13 by September 1, 2006, this part expires.
97-14 SECTION 3.0211. INITIAL DIRECTORS. (a) On confirmation of
97-15 the creation of the district under Section 3.0210 of this part, the
97-16 temporary directors become the initial directors of the district
97-17 and serve terms as provided by Subsection (b) of this section,
97-18 except that not later than the 60th day after the date on which the
97-19 temporary directors declare the district created, the commissioners
97-20 court may replace any director in Places 1-4 and the city council
97-21 of the City of Victoria may replace any director in Places 5-7.
97-22 (b) The initial directors for Places 1, 3, 5, and 7 serve
97-23 for four years following the confirmation of the district. The
97-24 initial directors for Places 2, 4, and 6 serve for two years
97-25 following the confirmation of the district.
97-26 (c) If, for any reason, an appointed director is not
98-1 qualified to take office at the first regular meeting of the board
98-2 following the director's appointment, the director for that place
98-3 shall continue to serve until a successor has qualified.
98-4 SECTION 3.0212. LIMITATION ON TAXATION. The district may
98-5 not impose an ad valorem tax at a rate that exceeds two cents on
98-6 the $100 valuation of taxable property in the district.
98-7 PART 3. HAYS TRINITY GROUNDWATER CONSERVATION DISTRICT
98-8 SECTION 3.0301. RATIFICATION OF CREATION. The creation by
98-9 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999,
98-10 of the Hays Trinity Groundwater Conservation District in Hays
98-11 County is ratified as required by Section 15(a) of that Act,
98-12 subject to approval at a confirmation election under Section 3.0309
98-13 of this part.
98-14 SECTION 3.0302. DEFINITION. In this part, "district" means
98-15 the Hays Trinity Groundwater Conservation District.
98-16 SECTION 3.0303. BOUNDARIES. The boundaries of the district
98-17 are coextensive with the boundaries of Hays County, Texas,
98-18 excluding any area in Hays County that is, on the effective date of
98-19 this Act, within another groundwater conservation district with
98-20 authority to require a permit to drill or alter a well for the
98-21 withdrawal of groundwater. Not later than the 30th day after the
98-22 date of the first meeting of the board of directors of the
98-23 district, and before a confirmation election is held, the board
98-24 shall prepare and file a description of district boundaries with
98-25 the Hays County clerk and the Texas Natural Resource Conservation
98-26 Commission.
99-1 SECTION 3.0304. GENERAL POWERS. (a) The district has all
99-2 of the rights, powers, privileges, authority, functions, and duties
99-3 provided by the general law of this state, including Chapter 36,
99-4 Water Code, applicable to groundwater conservation districts
99-5 created under Section 59, Article XVI, Texas Constitution. This
99-6 part prevails over any provision of general law that is in conflict
99-7 or inconsistent with this part, including any provision of Chapter
99-8 1331, Acts of the 76th Legislature, Regular Session, 1999.
99-9 (b) Notwithstanding Subsection (a) of this section, the
99-10 following provisions prevail over a conflicting or inconsistent
99-11 provision of this part:
99-12 (1) Sections 36.1071-36.108, Water Code;
99-13 (2) Sections 36.159-36.161, Water Code; and
99-14 (3) Subchapter I, Chapter 36, Water Code.
99-15 (c) The district may not enter property to inspect an exempt
99-16 well without the property owner's permission.
99-17 (d) The Hays County Commissioners Court by resolution may
99-18 require an election to affirm or reverse a decision of the board of
99-19 directors of the district not later than six months after the date
99-20 of the decision.
99-21 (e) The district may not adopt standards for the
99-22 construction of a residential well that are more stringent than
99-23 state standards for a residential well.
99-24 SECTION 3.0305. EXEMPT WELLS. (a) The following wells are
99-25 exempt from the requirements of Chapter 36, Water Code, and may not
99-26 be regulated, permitted, or metered by the district:
100-1 (1) a well used for domestic use by a single private
100-2 residential household and producing less than 25,000 gallons per
100-3 day; and
100-4 (2) a well used for conventional farming and ranching
100-5 activities, including such intensive operations as aquaculture,
100-6 livestock feedlots, or poultry operations.
100-7 (b) The district may not require a permit to construct a
100-8 well described by Subsection (a)(2) of this section.
100-9 (c) A well used for dewatering and monitoring in the
100-10 production of coal or lignite is exempt from permit requirements,
100-11 regulations, and fees imposed by the district.
100-12 SECTION 3.0306. FISCAL RESPONSIBILITIES. (a) The district
100-13 annually shall prepare a budget showing proposed expenditures and
100-14 disbursements and estimated receipts and collections for the next
100-15 fiscal year and shall hold a public hearing on the proposed budget.
100-16 The district must publish notice of the hearing at least once in a
100-17 newspaper of general circulation in the county not later than the
100-18 10th day before the date of the hearing. A taxpayer of the
100-19 district is entitled to appear at the hearing to be heard regarding
100-20 any item in the proposed budget.
100-21 (b) At the written request of the Hays County Commissioners
100-22 Court, the county auditor shall audit the performance of the
100-23 district. The court may request a general audit of the performance
100-24 of the district or may request an audit of only one or more
100-25 district matters.
100-26 SECTION 3.0307. BOARD OF DIRECTORS. (a) The district is
101-1 governed by a board of five directors.
101-2 (b) Temporary directors serve until initial directors are
101-3 elected under Section 3.0309 of this part.
101-4 (c) Initial directors serve until permanent directors are
101-5 elected under Section 3.0310 of this part.
101-6 (d) Permanent directors serve staggered two-year terms.
101-7 (e) Each director must qualify to serve as director in the
101-8 manner provided by Section 36.055, Water Code.
101-9 (f) A director serves until the director's successor has
101-10 qualified.
101-11 (g) If there is a vacancy on the board, the Hays County
101-12 Commissioners Court shall appoint a director to serve the remainder
101-13 of the term.
101-14 (h) A director may not receive a salary or other
101-15 compensation for service as a director but may be reimbursed for
101-16 actual expenses of attending meetings at the rate in effect for
101-17 employees of Hays County.
101-18 SECTION 3.0308. METHOD OF ELECTING DIRECTORS: SINGLE-MEMBER
101-19 DISTRICTS. (a) The temporary directors shall draw five numbered,
101-20 single-member districts for electing directors.
101-21 (b) For the conduct of an election under Section 3.0309 or
101-22 Section 3.0310 of this part, the board shall provide for one
101-23 director to be elected from each of the single-member districts. A
101-24 director elected from a single-member district represents the
101-25 residents of that single-member district.
101-26 (c) To be qualified to be a candidate for or to serve as
102-1 director, a person must be a registered voter in the single-member
102-2 district that the person represents or seeks to represent.
102-3 (d) The initial or permanent directors may revise the
102-4 districts as necessary or appropriate. The board of directors
102-5 shall revise each single-member district after each federal
102-6 decennial census to reflect population changes. At the first
102-7 election after the single-member districts are revised, a new
102-8 director shall be elected from each district. The directors shall
102-9 draw lots to determine which two directors serve one-year terms and
102-10 which three directors serve two-year terms.
102-11 SECTION 3.0309. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
102-12 (a) The temporary board of directors shall call and hold an
102-13 election to confirm establishment of the district and to elect
102-14 initial directors.
102-15 (b) At the confirmation and initial directors election, the
102-16 temporary board of directors shall have placed on the ballot the
102-17 name of any candidate filing for an initial director's position and
102-18 blank spaces to write in the names of other persons. A temporary
102-19 director who is qualified to be a candidate under Section 3.0308 of
102-20 this part may file for an initial director's position.
102-21 (c) Section 41.001(a), Election Code, does not apply to a
102-22 confirmation and initial directors election held as provided by
102-23 this section.
102-24 (d) Except as provided by this section, a confirmation and
102-25 initial directors election must be conducted as provided by
102-26 Sections 36.017(b)-(h), Water Code, and the Election Code.
103-1 SECTION 3.0310. ELECTION OF DIRECTORS. (a) On the first
103-2 Saturday in May or the first Tuesday after the first Monday in
103-3 November of the first even-numbered year after the year in which
103-4 the district is authorized to be created at a confirmation
103-5 election, an election shall be held in the district for the
103-6 election of three directors to serve two-year terms and two
103-7 directors to serve one-year terms.
103-8 (b) On the first Saturday in May or the first Tuesday after
103-9 the first Monday in November, as applicable, of each subsequent
103-10 second year following the election held under Subsection (a) of
103-11 this section, the appropriate number of directors shall be elected.
103-12 SECTION 3.0311. OTHER ELECTIONS. An election held by the
103-13 district, other than an election under Section 3.0309 or 3.0310 of
103-14 this part, must be scheduled to coincide with a general election in
103-15 May or November.
103-16 SECTION 3.0312. FUNDING AUTHORITY. (a) Except as provided
103-17 by Sections 3.0305(b) and (c) of this part, the district may
103-18 require a permit for the construction of a new well completed after
103-19 the effective date of this Act and may charge and collect a
103-20 construction permit fee not to exceed $300.
103-21 (b) The district may levy and collect a water utility
103-22 service connection fee not to exceed $300 for each new water
103-23 service connection made after the effective date of this Act. This
103-24 subsection does not apply to a water utility that has surface water
103-25 as its sole source of water.
103-26 (c) Notwithstanding Section 3.0304(a) of this part or
104-1 Subchapter G, Chapter 36, Water Code, the district may not impose a
104-2 tax or assess or collect any fees except as authorized by
104-3 Subsection (a) or (b) of this section.
104-4 SECTION 3.0313. EXPIRATION DATE. If the creation of the
104-5 district is not confirmed at a confirmation election held under
104-6 Section 3.0309 of this part before September 1, 2003, this part
104-7 expires on that date.
104-8 PART 4. LONE WOLF GROUNDWATER CONSERVATION DISTRICT
104-9 SECTION 3.0401. RATIFICATION OF CREATION. The creation of
104-10 the Lone Wolf Groundwater Conservation District in Mitchell County
104-11 by Chapter 1331, Acts of the 76th Legislature, Regular Session,
104-12 1999, is ratified as required by Section 15(a) of that chapter,
104-13 subject to approval at a confirmation election under Section 3.0407
104-14 of this part.
104-15 SECTION 3.0402. DEFINITION. In this part, "district" means
104-16 the Lone Wolf Groundwater Conservation District.
104-17 SECTION 3.0403. GENERAL POWERS. The district has all of the
104-18 rights, powers, privileges, authority, functions, and duties
104-19 provided by the general law of the state, including Chapter 36,
104-20 Water Code, applicable to groundwater conservation districts
104-21 created under Section 59, Article XVI, Texas Constitution. This
104-22 part prevails over any provision of general law, including Chapter
104-23 36, Water Code, or Chapter 1331, Acts of the 76th Legislature,
104-24 Regular Session, 1999, that is in conflict or inconsistent with
104-25 this part.
104-26 SECTION 3.0404. BOARD OF DIRECTORS. (a) The district is
105-1 governed by a board of five directors.
105-2 (b) Temporary directors serve until initial directors are
105-3 elected under Section 3.0407 of this part.
105-4 (c) Initial directors serve until permanent directors are
105-5 elected under Section 3.0408 of this part.
105-6 (d) Permanent directors serve staggered four-year terms.
105-7 (e) Each director must qualify to serve as director in the
105-8 manner provided by Section 36.055, Water Code.
105-9 (f) A director serves until the director's successor has
105-10 qualified.
105-11 SECTION 3.0405. COMPENSATION OF DIRECTORS. A director is
105-12 not entitled to fees of office but is entitled to reimbursement of
105-13 actual expenses reasonably and necessarily incurred while engaging
105-14 in activities on behalf of the district.
105-15 SECTION 3.0406. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
105-16 PRECINCTS. (a) The directors of the district shall be elected
105-17 according to the commissioners precinct method as provided by this
105-18 section.
105-19 (b) One director shall be elected by the voters of the
105-20 entire district, and one director shall be elected from each county
105-21 commissioners precinct by the voters of that precinct.
105-22 (c) To be eligible to be a candidate for or to serve as
105-23 director at large, a person must be a registered voter in the
105-24 district. To be eligible to be a candidate for or to serve as
105-25 director from a county commissioners precinct, a person must be a
105-26 registered voter of that precinct.
106-1 (d) A person shall indicate on the application for a place
106-2 on the ballot:
106-3 (1) the precinct that the person seeks to represent;
106-4 or
106-5 (2) that the person seeks to represent the district at
106-6 large.
106-7 (e) When the boundaries of the commissioners precincts are
106-8 changed, each director in office on the effective date of the
106-9 change or elected to a term of office beginning on or after the
106-10 effective date of the change serves in the precinct to which the
106-11 director was elected for the entire term to which the director was
106-12 elected, even though the change in boundaries places the person's
106-13 residence outside the precinct for which the person was elected.
106-14 SECTION 3.0407. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
106-15 (a) The temporary board of directors shall call and hold an
106-16 election to confirm establishment of the district and to elect
106-17 initial directors.
106-18 (b) At the confirmation and initial directors election, the
106-19 temporary board of directors shall have placed on the ballot the
106-20 name of any candidate filing for an initial director position and
106-21 blank spaces to write in the names of other persons. A temporary
106-22 director who is eligible to be a candidate under Section 3.0406 of
106-23 this part may file for an initial director position.
106-24 (c) Section 41.001(a), Election Code, does not apply to a
106-25 confirmation and initial directors election held as provided by
106-26 this section.
107-1 (d) Except as provided by this section, a confirmation and
107-2 initial directors election must be conducted as provided by
107-3 Sections 36.017(b)-(h), Water Code, and the Election Code.
107-4 SECTION 3.0408. ELECTION OF DIRECTORS. (a) On the first
107-5 Saturday in May of the first even-numbered year after the year in
107-6 which the district is authorized to be created at a confirmation
107-7 election, an election shall be held in the district for the
107-8 election of three directors to serve four-year terms and two
107-9 directors to serve two-year terms.
107-10 (b) On the first Saturday in May of each subsequent second
107-11 year following the election, the appropriate number of directors
107-12 shall be elected.
107-13 SECTION 3.0409. LIMITATION ON TAXATION. The district may
107-14 levy property taxes at a rate not to exceed 20 cents on each $100
107-15 of assessed valuation to pay any part of the bonds or notes issued
107-16 by the district if the authority to impose property taxes under
107-17 this part is approved by a majority of the voters voting at a
107-18 confirmation election under Section 3.0407 of this part or at a
107-19 separate election called for that purpose by the board of
107-20 directors.
107-21 SECTION 3.0410. EXPIRATION. If the creation of the district
107-22 is not confirmed at a confirmation election held under Section
107-23 3.0407 of this part before September 1, 2003, the district is
107-24 dissolved and this part expires on that date.
107-25 PART 5. LOST PINES GROUNDWATER CONSERVATION DISTRICT
107-26 SECTION 3.0501. RATIFICATION OF CREATION. The creation of
108-1 the Lost Pines Groundwater Conservation District in Bastrop and Lee
108-2 counties by Chapter 1331, Acts of the 76th Legislature, Regular
108-3 Session, 1999, is ratified as required by Section 15(a) of that
108-4 chapter, subject to approval at a confirmation election under
108-5 Section 3.0507 of this part.
108-6 SECTION 3.0502. DEFINITIONS. In this part:
108-7 (1) "District" means the Lost Pines Groundwater
108-8 Conservation District.
108-9 (2) "Public utility" means any person, corporation,
108-10 public utility, water supply or sewer service corporation,
108-11 municipality, political subdivision, or agency operating,
108-12 maintaining, or controlling facilities in the state for providing
108-13 potable water service for compensation.
108-14 SECTION 3.0503. BOUNDARIES. The boundaries of the district
108-15 are coextensive with the boundaries of Bastrop and Lee counties,
108-16 Texas.
108-17 SECTION 3.0504. POWERS. (a) The district has all of the
108-18 rights, powers, privileges, authority, functions, and duties
108-19 provided by the general law of the state, including Chapter 36,
108-20 Water Code, applicable to groundwater conservation districts
108-21 created under Section 59, Article XVI, Texas Constitution. This
108-22 part prevails over any provision of general law, including Chapter
108-23 36, Water Code, or Chapter 1331, Acts of the 76th Legislature,
108-24 Regular Session, 1999, that is in conflict or inconsistent with
108-25 this part.
108-26 (b) The district may not impose a tax. The district may
109-1 assess regulatory pumping fees for water produced in or exported
109-2 from the district. The regulatory pumping fees the district
109-3 assesses for water for crop or livestock production or other
109-4 agricultural uses may not exceed 20 percent of the rate applied to
109-5 water for municipal uses. Regulatory pumping fees based on the
109-6 amount of water withdrawn from a well may not exceed:
109-7 (1) $1 per acre-foot for water used for the purpose of
109-8 irrigating agricultural crops; or
109-9 (2) 17 cents per thousand gallons for water used for
109-10 any other purpose.
109-11 (c) The district may adopt a rule exempting a well that is
109-12 not capable of producing more than 50,000 gallons of groundwater a
109-13 day from a permit requirement, a fee, or a restriction on
109-14 production.
109-15 SECTION 3.0505. GROUNDWATER WELLS UNDER JURISDICTION OF
109-16 RAILROAD COMMISSION. (a) Groundwater wells drilled or operated
109-17 within the district under permits issued by the Railroad Commission
109-18 of Texas are under the exclusive jurisdiction of the railroad
109-19 commission and are exempt from regulation by the district.
109-20 (b) Groundwater produced in an amount authorized by a
109-21 railroad commission permit may be used within or exported from the
109-22 district without obtaining a permit from the district.
109-23 (c) To the extent groundwater production exceeds railroad
109-24 commission authorization, the holder of the railroad commission
109-25 permit must apply to the district for appropriate permits for the
109-26 excess production and is subject to the applicable regulatory fees.
110-1 (d) Groundwater produced from wells under the jurisdiction
110-2 of the railroad commission is generally exempt from water district
110-3 fees. However, the district may impose either a pumping fee or an
110-4 export fee on groundwater produced from an otherwise exempt mine
110-5 well that is used for municipal purposes or by a public utility.
110-6 Any fee imposed by the district under this subsection may not
110-7 exceed the fee imposed on other groundwater producers in the
110-8 district.
110-9 SECTION 3.0506. BOARD OF DIRECTORS. (a) The district is
110-10 governed by a board of 10 directors.
110-11 (b) Five directors shall be appointed from Bastrop County by
110-12 the county judge of Bastrop County and five directors shall be
110-13 appointed from Lee County by the county judge of Lee County.
110-14 (c) Temporary directors serve until their successors are
110-15 appointed and have qualified.
110-16 (d) The temporary directors shall draw lots to determine:
110-17 (1) which three directors from each county will serve
110-18 four-year terms that expire December 31, 2005; and
110-19 (2) which two directors from each county will serve
110-20 two-year terms that expire December 31, 2003.
110-21 (e) In each subsequent second year following the initial
110-22 appointment of directors, the appropriate number of directors shall
110-23 be appointed.
110-24 (f) Except as provided by Subsection (d) of this section,
110-25 directors serve staggered four-year terms.
110-26 (g) Directors may serve consecutive terms.
111-1 (h) Each director must qualify to serve as director in the
111-2 manner provided by Section 36.055, Water Code.
111-3 (i) A director serves until the director's successor has
111-4 qualified.
111-5 (j) If a vacancy occurs on the board of directors, the board
111-6 may appoint a director to serve the remainder of the term.
111-7 (k) A director may receive fees of office as provided by
111-8 Section 36.060, Water Code, and is entitled to reimbursement for
111-9 reasonable actual expenses incurred in performing duties as a
111-10 director.
111-11 SECTION 3.0507. INITIAL MEETING AND CONFIRMATION ELECTION.
111-12 (a) As soon as practicable after September 1, 2001, the temporary
111-13 directors shall meet to set the date for and call the confirmation
111-14 election. The directors shall hold the meeting in conjunction with
111-15 the regularly scheduled meeting of the directors.
111-16 (b) The election shall be held on the authorized election
111-17 date in November if the United States Department of Justice has
111-18 precleared this part by that time. If this part has not been
111-19 precleared by the November election date, the confirmation election
111-20 shall be held at the next authorized election date. The district
111-21 shall contract with the county clerks of Bastrop and Lee counties
111-22 to conduct the election.
111-23 (c) Except as provided by this section, the confirmation
111-24 election must be conducted as provided by Sections 36.017 and
111-25 36.018, Water Code, and the Election Code.
111-26 (d) If a majority of the votes cast at an election held
112-1 under this section is against the confirmation of the district, the
112-2 temporary directors may not call another election under this
112-3 section before the first anniversary of that election.
112-4 SECTION 3.0508. REGIONAL COOPERATION. The district shall:
112-5 (1) adopt a management plan detailing proposed efforts
112-6 of the district to cooperate with other groundwater conservation
112-7 districts;
112-8 (2) participate as needed in coordination meetings
112-9 with adjacent groundwater conservation districts that share one or
112-10 more aquifers with the district;
112-11 (3) coordinate the collection of data with adjacent
112-12 groundwater conservation districts in such a way as to achieve
112-13 relative uniformity of data type and quality;
112-14 (4) provide groundwater level information to adjacent
112-15 groundwater conservation districts;
112-16 (5) investigate any groundwater pollution to identify
112-17 the pollution's source;
112-18 (6) notify adjacent groundwater conservation districts
112-19 and all appropriate agencies of any groundwater pollution detected
112-20 and the source of pollution identified;
112-21 (7) provide to adjacent groundwater conservation
112-22 districts annually an inventory of water wells in the district and
112-23 an estimate of groundwater production within the district; and
112-24 (8) include adjacent groundwater conservation
112-25 districts on mailing lists for district newsletters and information
112-26 regarding seminars, public education events, news articles, and
113-1 field days.
113-2 SECTION 3.0509. EXPIRATION. If the creation of this
113-3 district is not confirmed at a confirmation election held under
113-4 Section 3.0507 of this part before September 1, 2005, this part
113-5 expires on that date.
113-6 SECTION 3.0510. CONFLICTS. If another bill relating to the
113-7 Lost Pines Groundwater Conservation District is enacted by the 77th
113-8 Legislature, Regular Session, 2001, and becomes law, then, to the
113-9 extent of any conflict between that Act and this part, the
113-10 provisions of that Act shall prevail.
113-11 PART 6. MCMULLEN GROUNDWATER CONSERVATION DISTRICT
113-12 SECTION 3.0601. RATIFICATION OF CREATION. The creation of
113-13 the McMullen Groundwater Conservation District in McMullen County
113-14 by Chapter 1331, Acts of the 76th Legislature, Regular Session,
113-15 1999, is ratified as required by Section 15(a) of that chapter,
113-16 subject to approval at a confirmation election under Section 3.0607
113-17 of this part.
113-18 SECTION 3.0602. DEFINITION. In this part, "district" means
113-19 the McMullen Groundwater Conservation District.
113-20 SECTION 3.0603. BOUNDARIES. The boundaries of the district
113-21 are coextensive with the boundaries of McMullen County.
113-22 SECTION 3.0604. GENERAL POWERS. (a) The district has all
113-23 of the rights, powers, privileges, authority, functions, and duties
113-24 provided by the general law of the state, including Chapter 36,
113-25 Water Code, applicable to groundwater conservation districts
113-26 created under Section 59, Article XVI, Texas Constitution. This
114-1 part prevails over any provision of general law, including Chapter
114-2 36, Water Code, or Chapter 1331, Acts of the 76th Legislature,
114-3 Regular Session, 1999, that is in conflict or inconsistent with
114-4 this part.
114-5 (b) The rights, powers, privileges, authority, functions,
114-6 and duties of the district are subject to the continuing right of
114-7 supervision of the state to be exercised by and through the Texas
114-8 Natural Resource Conservation Commission.
114-9 SECTION 3.0605. BOARD OF DIRECTORS. (a) The district is
114-10 governed by a board of five directors.
114-11 (b) Temporary directors serve until initial directors are
114-12 elected under Section 3.0607 of this part.
114-13 (c) Initial directors serve until permanent directors are
114-14 elected under Section 3.0608 of this part.
114-15 (d) Permanent directors serve staggered four-year terms.
114-16 (e) Each director must qualify to serve as director in the
114-17 manner provided by Section 36.055, Water Code.
114-18 (f) A director serves until the director's successor has
114-19 qualified.
114-20 (g) If there is a vacancy on the board, the remaining
114-21 directors shall appoint a director to serve the remainder of the
114-22 term.
114-23 SECTION 3.0606. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
114-24 PRECINCTS. (a) The directors of the district shall be elected
114-25 according to the commissioners precinct method as provided by this
114-26 section.
115-1 (b) One director shall be elected by the voters of the
115-2 entire district and one director shall be elected from each county
115-3 commissioners precinct by the voters of that precinct.
115-4 (c) To be qualified as a candidate for or to serve as
115-5 director at large, a person must be a registered voter in the
115-6 district. To be a candidate for or to serve as director from a
115-7 county commissioners precinct, a person must be a registered voter
115-8 of that precinct.
115-9 (d) A person shall indicate on the application for a place
115-10 on the ballot:
115-11 (1) the precinct that the person seeks to represent;
115-12 or
115-13 (2) that the person seeks to represent the district at
115-14 large.
115-15 (e) When the boundaries of the commissioners precincts are
115-16 changed, each director in office on the effective date of the
115-17 change or elected to a term of office beginning on or after the
115-18 effective date of the change serves in the precinct to which the
115-19 director was elected for the entire term to which the director was
115-20 elected, even though the change in boundaries places the person's
115-21 residence outside the precinct for which the person was elected.
115-22 SECTION 3.0607. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
115-23 (a) The temporary board of directors shall call and hold an
115-24 election to confirm establishment of the district and to elect
115-25 initial directors.
115-26 (b) At the confirmation and initial directors election, the
116-1 temporary board of directors shall have placed on the ballot the
116-2 names of the persons serving as temporary directors who intend to
116-3 run for an initial director position and are qualified to be a
116-4 candidate under Section 3.0606 of this part together with the name
116-5 of any candidate filing for an initial director position and blank
116-6 spaces to write in the names of other persons.
116-7 (c) If the district is created at the election, the
116-8 temporary board of directors, at the time the vote is canvassed,
116-9 shall:
116-10 (1) declare the qualified person who receives the most
116-11 votes for each position to be elected as the initial director for
116-12 that position; and
116-13 (2) include the results of the initial directors
116-14 election in the district's election report to the Texas Natural
116-15 Resource Conservation Commission.
116-16 (d) Section 41.001(a), Election Code, does not apply to a
116-17 confirmation and initial directors election held as provided by
116-18 this section.
116-19 (e) Except as provided by this section, a confirmation and
116-20 initial directors election must be conducted as provided by
116-21 Sections 36.017(b)-(h), Water Code, and the Election Code.
116-22 (f) If a majority of the votes cast at an election held
116-23 under this section is against the confirmation of the district, the
116-24 temporary directors may not call another election under this
116-25 section before the first anniversary of that election.
116-26 SECTION 3.0608. ELECTION OF PERMANENT DIRECTORS. (a) On
117-1 the first Saturday in October of the second year after the year in
117-2 which the district is authorized to be created at a confirmation
117-3 election, an election shall be held in the district for the
117-4 election of directors from county commissioners precincts one and
117-5 three, each of whom serves a two-year term, and directors from
117-6 county commissioners precincts two and four and the director at
117-7 large, each of whom serves a four-year term.
117-8 (b) On the first Saturday in October of each subsequent
117-9 second year following the election, the appropriate number of
117-10 directors shall be elected to the board, each of whom serves a
117-11 four-year term.
117-12 SECTION 3.0609. LIMITATION ON TAXATION. The district may
117-13 not impose an ad valorem tax at a rate that exceeds five cents on
117-14 the $100 valuation of taxable property in the district.
117-15 SECTION 3.0610. EXPIRATION. If the creation of the district
117-16 is not confirmed at a confirmation election held under Section
117-17 3.0607 of this part before September 1, 2003, this part expires on
117-18 that date.
117-19 PART 7. KIMBLE COUNTY GROUNDWATER CONSERVATION DISTRICT
117-20 SECTION 3.0701. CREATION. (a) A groundwater conservation
117-21 district, to be known as the Kimble County Groundwater Conservation
117-22 District, is created in Kimble County, subject to approval at a
117-23 confirmation election under this part. The district is a
117-24 governmental agency and a body politic and corporate.
117-25 (b) The district is created under and is essential to
117-26 accomplish the purposes of Section 59, Article XVI, Texas
118-1 Constitution.
118-2 SECTION 3.0702. DEFINITION. In this part, "district" means
118-3 the Kimble County Groundwater Conservation District.
118-4 SECTION 3.0703. BOUNDARIES. The boundaries of the district
118-5 are coextensive with the boundaries of Kimble County, Texas,
118-6 excluding that part of Kimble County that lies within the
118-7 boundaries of the Hickory Underground Water District.
118-8 SECTION 3.0704. FINDING OF BENEFIT. All of the land and
118-9 other property included within the boundaries of the district will
118-10 be benefited by the works and projects that are to be accomplished
118-11 by the district under powers conferred by Section 59, Article XVI,
118-12 Texas Constitution. The district is created to serve a public use
118-13 and benefit.
118-14 SECTION 3.0705. GENERAL POWERS. (a) The district has all
118-15 of the rights, powers, privileges, authority, functions, and duties
118-16 provided by the general law of this state, including Chapter 36,
118-17 Water Code, applicable to groundwater conservation districts
118-18 created under Section 59, Article XVI, Texas Constitution. This
118-19 part prevails over any provision of general law that is in conflict
118-20 or is inconsistent with this part.
118-21 (b) Notwithstanding Subsection (a) of this section, the
118-22 following provisions prevail over a conflicting or inconsistent
118-23 provision of this part:
118-24 (1) Sections 36.1071-36.108, Water Code;
118-25 (2) Sections 36.159-36.161, Water Code; and
118-26 (3) Subchapter I, Chapter 36, Water Code.
119-1 (c) Chapter 49, Water Code, does not apply to the district.
119-2 SECTION 3.0706. BOARD OF DIRECTORS. (a) The district is
119-3 governed by a board of five directors.
119-4 (b) Temporary directors serve until initial directors are
119-5 elected under this part.
119-6 (c) Initial directors serve until permanent directors are
119-7 elected under this part.
119-8 (d) Permanent directors serve staggered four-year terms.
119-9 (e) Each director must qualify to serve as director in the
119-10 manner provided by Section 36.055, Water Code.
119-11 (f) A director serves until the director's successor has
119-12 qualified.
119-13 SECTION 3.0707. COMPENSATION OF DIRECTORS. A director is
119-14 not entitled to fees of office but is entitled to reimbursement of
119-15 actual expenses reasonably and necessarily incurred while engaging
119-16 in activities on behalf of the district.
119-17 SECTION 3.0708. TEMPORARY DIRECTORS. (a) The temporary
119-18 board of directors consists of five members appointed by the
119-19 Commissioners Court of Kimble County.
119-20 (b) If a temporary director fails to qualify for office, the
119-21 Commissioners Court of Kimble County shall appoint a person to fill
119-22 the vacancy.
119-23 SECTION 3.0709. METHOD OF ELECTING DIRECTORS: SINGLE-MEMBER
119-24 DISTRICTS. (a) The temporary directors shall draw five numbered,
119-25 single-member districts for electing directors.
119-26 (b) For the conduct of an election under the following two
120-1 sections of this part, the board shall provide for one director to
120-2 be elected from each of the single-member districts. A director
120-3 elected from a single-member district represents the residents of
120-4 that single-member district.
120-5 (c) To be qualified to be a candidate for or to serve as
120-6 director, a person must be a registered voter in the single-member
120-7 district that the person represents or seeks to represent.
120-8 (d) The initial or permanent directors may revise the
120-9 districts as necessary or appropriate. The board of directors
120-10 shall revise each single-member district after each federal
120-11 decennial census to reflect population changes. At the first
120-12 election after the single-member districts are revised, a new
120-13 director shall be elected from each district. The directors shall
120-14 draw lots to determine which two directors serve two-year terms and
120-15 which three directors serve four-year terms.
120-16 SECTION 3.0710. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
120-17 (a) The temporary board of directors shall call and hold an
120-18 election to confirm establishment of the district and to elect
120-19 initial directors.
120-20 (b) At the confirmation and initial directors election, the
120-21 temporary board of directors shall have placed on the ballot the
120-22 name of any candidate filing for an initial director's position and
120-23 blank spaces to write in the names of other persons. A temporary
120-24 director who is qualified to be a candidate under the preceding
120-25 section of this part may file for an initial director's position.
120-26 (c) Section 41.001(a), Election Code, does not apply to a
121-1 confirmation and initial directors election held as provided by
121-2 this section.
121-3 (d) Except as provided by this section, a confirmation and
121-4 initial directors election must be conducted as provided by
121-5 Sections 36.017(b)-(h), Water Code, and the Election Code.
121-6 SECTION 3.0711. ELECTION OF DIRECTORS. (a) On the first
121-7 Saturday in May of the first even-numbered year after the year in
121-8 which the district is authorized to be created at a confirmation
121-9 election, an election shall be held in the district for the
121-10 election of three directors to serve four-year terms and two
121-11 directors to serve two-year terms.
121-12 (b) On the first Saturday in May of each subsequent second
121-13 year following the election, the appropriate number of directors
121-14 shall be elected.
121-15 SECTION 3.0712. TAX RATE. The district may not levy a tax
121-16 to pay any part of bonds or notes issued by the district that
121-17 exceeds 20 cents on each $100 of assessed valuation.
121-18 SECTION 3.0713. EFFECTIVE DATE; EXPIRATION DATE. (a) This
121-19 part takes effect September 1, 2001.
121-20 (b) If the creation of the district is not confirmed at a
121-21 confirmation election held under this part before September 1,
121-22 2003, this part expires on that date.
121-23 PART 8. RED SANDS GROUNDWATER CONSERVATION DISTRICT
121-24 SECTION 3.0801. RATIFICATION OF CREATION. The creation of
121-25 the Red Sands Groundwater Conservation District in Hidalgo County
121-26 by Chapter 1331, Acts of the 76th Legislature, Regular Session,
122-1 1999, is ratified as required by Section 15(a) of that chapter,
122-2 subject to approval at a confirmation election under Section 3.0808
122-3 of this part.
122-4 SECTION 3.0802. DEFINITION. In this part, "district" means
122-5 the Red Sands Groundwater Conservation District.
122-6 SECTION 3.0803. BOUNDARIES. The district includes all of
122-7 the territory contained in the following described area:
122-8 A 19,232 acre tract more or less out of San Salvador Del Tule Grant
122-9 as recorded in Volume 10, Page 58 of the Hidalgo County, Texas map
122-10 records and out of the Santa Anita Grant as recorded in Volume 7,
122-11 Page 38 of the Hidalgo County, Texas map records.
122-12 Commencing at the Southeast Corner of this here in described
122-13 boundary tract, said point being the intersection of the centerline
122-14 of U.S. Highway 281 and the centerline of Farm to Market Road
122-15 number 490 (F.M. 490) (West Hargill Road) as shown in the map of
122-16 San Salvador Del Tule Grant as recorded in Volume 10, Page 58 of
122-17 the Hidalgo County map records. Said point is also the point of
122-18 beginning.
122-19 Thence, Westerly along the center line of the F.M. 490, an
122-20 approximate distance of 18,400 feet to a point on the West line of
122-21 San Salvador Del Tule Grant, said point also being the intersection
122-22 of the centerline of F.M. 490 and the West line of the San Salvador
122-23 Del Tule Grant,
122-24 Thence, Northerly along the West line of the San Salvador Del Tule
122-25 Grant and the East line of the Santa Anita Grant at an approximate
122-26 distance of 21,300 feet to a point, said point being an inside
123-1 corner of this herein described tract, and also being the Southeast
123-2 corner of Redland Vineyards Subdivision as recorded in Volume 4,
123-3 Page 51 of the Hidalgo County map records,
123-4 Thence, Westerly along the South line of the Redland Vineyards
123-5 Subdivision, an approximate distance of 4,238 feet to a point, said
123-6 point being an outside corner of this herein described tract, said
123-7 point also being the Southwest corner of the Redland Vineyard
123-8 Subdivision,
123-9 Thence, Northerly with the West line of Redland Vineyards
123-10 Subdivision, at approximately 4,590.50 feet past a point, said
123-11 point being the Northwest corner of Redland Vineyard Subdivision,
123-12 and the Southwest corner of Delbridge Subdivision as recorded in
123-13 Volume 5, Page 11, Hidalgo County map records, and continuing
123-14 Northerly along the West line of Delbridge Subdivision for an
123-15 approximate total distance of 6,646 feet to a point, said point
123-16 being an inside corner of this herein described tract, and also
123-17 being the Northwest corner of Delbridge Subdivision,
123-18 Thence, Westerly along the South line of a 196.37 acres tract,
123-19 known as the A.B. De Kock Tract, an approximate distance of 3,500
123-20 feet past the Southeast corner of share 4, out of the 8,374.70 acre
123-21 tract partition out of the Santa Anita Grant as recorded in Volume
123-22 7, Page 38, in the Hidalgo County map records and continuing
123-23 Westerly for an approximate total distance of 6,500 feet to a
123-24 point, said point being an outside corner of this herein described
123-25 tract and also being the Southwest corner of share 4,
123-26 Thence, Northerly along the West line of share 4, an approximate
124-1 total distance of 19,143 feet to a point, said point being the
124-2 Northwest corner of this herein described tracts and, the
124-3 intersection of the West line of share 4 and the centerline of Farm
124-4 to Market Road number 1017, (F.M. 1017)
124-5 Thence, in a Southeasterly direction, with the Right-of-Way
124-6 centerline of Farm to Market Road number 1017 (F.M. 1017) an
124-7 approximate total distance of 27,800 feet to a point, said point
124-8 being the Northeast corner of this herein described tract, and also
124-9 being the intersection of the centerline of F.M. 1017 Right-of-Way
124-10 and the center line of the U.S. Highway 281 Right-Of-Way,
124-11 Thence, in a Southerly direction, with the centerline of U.S.
124-12 Highway 281 Right-Of-Way, an approximate distance of 7,500 feet
124-13 past Floral Road, and at approximate 21,700 feet past Red Gate Road
124-14 and at approximate 29,700 feet past Laguna Seca Road and for an
124-15 approximate total distance of 39,300 feet to the point of beginning
124-16 of this here in described tract, said tract contains 19,232 Acres,
124-17 More or Less.
124-18 SECTION 3.0804. FINDINGS RELATIVE TO BOUNDARIES. The
124-19 legislature finds that the boundaries and field notes of the
124-20 district form a closure. A mistake in the field notes or in the
124-21 copying of the field notes in the legislative process does not
124-22 affect the organization, existence, or validity of the district,
124-23 the right of the district to levy and collect taxes, or the
124-24 legality or operation of the district or its governing body.
124-25 SECTION 3.0805. GENERAL POWERS. (a) Except as provided by
124-26 this part, the district has all of the rights, powers, privileges,
125-1 authority, functions, and duties provided by the general law of the
125-2 state, including Chapter 36, Water Code, applicable to groundwater
125-3 conservation districts created under Section 59, Article XVI, Texas
125-4 Constitution. This part prevails over any provision of general
125-5 law, including Chapter 36, Water Code, or Chapter 1331, Acts of the
125-6 76th Legislature, Regular Session, 1999, that is in conflict or
125-7 inconsistent with this part.
125-8 (b) The rights, powers, privileges, authority, functions,
125-9 and duties of the district are subject to the continuing right of
125-10 supervision of the state, to be exercised by and through the Texas
125-11 Natural Resource Conservation Commission.
125-12 SECTION 3.0806. BOARD OF DIRECTORS. (a) The district is
125-13 governed by a board of five directors, each elected at large to one
125-14 of five numbered places.
125-15 (b) To be eligible to serve as a director, an individual
125-16 must reside in the district.
125-17 (c) Each director must qualify to serve as director in the
125-18 manner provided by Section 36.055, Water Code.
125-19 (d) Permanent directors serve staggered three-year terms.
125-20 (e) A director serves until the director's successor has
125-21 qualified.
125-22 (f) A vacancy in the office of director shall be filled by
125-23 appointment of the board of directors until the next election of
125-24 directors, at which election a person shall be elected to fill the
125-25 position. If the position is not scheduled to be filled at the
125-26 election, the person elected to fill the position serves only the
126-1 remainder of the unexpired term.
126-2 (g) An appointed director who is qualified to serve as a
126-3 director under Subsection (b) of this section is eligible to run
126-4 for election to the board of directors.
126-5 SECTION 3.0807. TEMPORARY DIRECTORS. (a) The temporary
126-6 board of directors is composed of:
126-7 (1) Lucas Hinojosa;
126-8 (2) Becky Guerra;
126-9 (3) Arcadio Guerra;
126-10 (4) Elizabeth Ann Sweet; and
126-11 (5) John Cozad.
126-12 (b) The temporary directors are not required to meet the
126-13 eligibility requirements of permanent directors.
126-14 (c) Temporary directors serve until permanent directors are
126-15 elected at the confirmation election under Section 3.0808 of this
126-16 part.
126-17 SECTION 3.0808. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
126-18 (a) The temporary board of directors shall call and hold an
126-19 election to confirm establishment of the district and to elect
126-20 initial directors.
126-21 (b) At the confirmation and initial directors election, the
126-22 temporary board of directors shall have placed on the ballot the
126-23 names of the candidates for each of the five numbered positions and
126-24 blank spaces to write in the names of other persons. Names on the
126-25 ballot may include persons serving as temporary directors who
126-26 intend to run for an initial director position together with the
127-1 name of any candidate filing for an initial director position.
127-2 (c) If a majority of the votes cast at the election are in
127-3 favor of the creation of the district, the temporary board of
127-4 directors shall declare the district created. If a majority of the
127-5 votes cast at the election are against the creation of the
127-6 district, the temporary board of directors shall declare the
127-7 district defeated. The temporary board of directors shall file a
127-8 copy of the election results with the Texas Natural Resource
127-9 Conservation Commission.
127-10 (d) If a majority of the votes cast at the election are
127-11 against the creation of the district, the temporary board of
127-12 directors may not call another election under this section before
127-13 the first anniversary of the date of the election.
127-14 (e) If the creation of the district is confirmed at the
127-15 election, the temporary board of directors, at the time the vote is
127-16 canvassed, shall:
127-17 (1) declare the qualified person who receives the most
127-18 votes for each position to be elected as the initial director for
127-19 that position; and
127-20 (2) include the results of the initial directors
127-21 election in the district's election report to the Texas Natural
127-22 Resource Conservation Commission.
127-23 (f) The initial directors shall draw lots to determine their
127-24 terms so that:
127-25 (1) one director serves a one-year term that expires
127-26 on the anniversary of the date the initial directors were elected;
128-1 (2) two directors serve two-year terms that expire on
128-2 the anniversary of the date the initial directors were elected; and
128-3 (3) two directors serve three-year terms that expire
128-4 on the anniversary of the date the initial directors were elected.
128-5 (g) Section 41.001(a), Election Code, does not apply to a
128-6 confirmation and initial directors election held as provided by
128-7 this section.
128-8 (h) Except as provided by this section, a confirmation
128-9 election must be conducted as provided by Sections 36.017(b)-(h),
128-10 Water Code, and the Election Code.
128-11 SECTION 3.0809. ELECTION OF PERMANENT DIRECTORS. Beginning
128-12 in the first year after the year in which the district is
128-13 authorized to be created at a confirmation election, the board of
128-14 directors shall call an election to be held in the district on the
128-15 first Saturday of the month in which the initial directors were
128-16 elected under Section 3.0808 of this part and every year after that
128-17 date to elect the appropriate number of directors to the board.
128-18 SECTION 3.0810. ELIGIBLE DISTRICT VOTERS. Any person
128-19 qualified to vote under the Election Code who resides in the
128-20 district is eligible to vote in district elections.
128-21 SECTION 3.0811. TAXATION AUTHORITY. (a) The board of
128-22 directors shall impose taxes in accordance with Subchapter G,
128-23 Chapter 36, Water Code.
128-24 (b) Notwithstanding Section 36.201, Water Code, the board of
128-25 directors may annually impose an ad valorem tax at a rate not to
128-26 exceed two cents on each $100 of assessed valuation unless a higher
129-1 rate is approved by a majority of the voters of the district voting
129-2 at an election called and held for that purpose.
129-3 SECTION 3.0812. TRANSPORTATION OF GROUNDWATER. (a) The
129-4 board of directors may adopt rules under Section 36.122, Water
129-5 Code, requiring a permit to transport district groundwater outside
129-6 the district. The board of directors shall authorize the
129-7 transportation of groundwater for use outside the district if the
129-8 board determines that the use is in the public interest. The board
129-9 of directors may:
129-10 (1) designate uses of water that are in the public
129-11 interest; and
129-12 (2) establish criteria for permits issued under the
129-13 rules.
129-14 (b) Transportation projects for the use of groundwater
129-15 outside the district that began before September 1, 2001, may
129-16 continue without a permit if the use of groundwater is on land
129-17 contiguous to the district's boundaries and is for domestic or
129-18 livestock purposes.
129-19 SECTION 3.0813. EXPIRATION. If the creation of the district
129-20 is not confirmed at a confirmation election held under Section
129-21 3.0808 of this part before September 1, 2003, this part expires on
129-22 that date.
129-23 PART 9. REFUGIO GROUNDWATER CONSERVATION DISTRICT
129-24 SECTION 3.0901. RATIFICATION OF CREATION. The creation of
129-25 the Refugio Groundwater Conservation District in Refugio County by
129-26 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999,
130-1 is ratified as required by Section 15(a) of that chapter, subject
130-2 to approval at a confirmation election under Section 3.0907 of this
130-3 part.
130-4 SECTION 3.0902. DEFINITION. In this part, "district" means
130-5 the Refugio Groundwater Conservation District.
130-6 SECTION 3.0903. BOUNDARIES. The boundaries of the district
130-7 are coextensive with the boundaries of Refugio County.
130-8 SECTION 3.0904. GENERAL POWERS. The district has all of the
130-9 rights, powers, privileges, authority, functions, and duties
130-10 provided by the general law of this state, including Chapter 36,
130-11 Water Code, applicable to groundwater conservation districts
130-12 created under Section 59, Article XVI, Texas Constitution. This
130-13 part prevails over any provision of general law, including Chapter
130-14 36, Water Code, or Chapter 1331, Acts of the 76th Legislature,
130-15 Regular Session, 1999, that is in conflict or inconsistent with
130-16 this part.
130-17 SECTION 3.0905. BOARD OF DIRECTORS. (a) The district is
130-18 governed by a board of five directors.
130-19 (b) Temporary directors serve until initial directors are
130-20 elected under Section 3.0907 of this part.
130-21 (c) Initial directors serve until permanent directors are
130-22 elected under Section 3.0908 of this part.
130-23 (d) Permanent directors serve staggered four-year terms.
130-24 (e) Each director must qualify to serve as director in the
130-25 manner provided by Section 36.055, Water Code.
130-26 (f) A director serves until the director's successor has
131-1 qualified.
131-2 (g) If a director fails to qualify for office or if there is
131-3 at any time a vacancy on the temporary board of directors, the
131-4 commissioners court shall appoint a person to fill the vacancy.
131-5 SECTION 3.0906. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
131-6 PRECINCTS. (a) The directors of the district shall be elected
131-7 according to the commissioners precinct method as provided by this
131-8 section.
131-9 (b) One director shall be elected by the qualified voters of
131-10 the entire district, and one director shall be elected from each
131-11 county commissioners precinct by the qualified voters of that
131-12 precinct.
131-13 (c) To be qualified to be a candidate for or to serve as
131-14 director at large, a person must be a registered voter in the
131-15 district. To be a candidate for or to serve as director from a
131-16 county commissioners precinct, a person must be a registered voter
131-17 of that precinct.
131-18 (d) A person shall indicate on the application for a place
131-19 on the ballot:
131-20 (1) the precinct that the person seeks to represent;
131-21 or
131-22 (2) that the person seeks to represent the district at
131-23 large.
131-24 (e) When the boundaries of the commissioners precincts are
131-25 changed, each director in office on the effective date of the
131-26 change or elected to a term of office beginning on or after the
132-1 effective date of the change serves in the precinct to which the
132-2 director was elected for the entire term to which the director was
132-3 elected, even though the change in boundaries places the person's
132-4 residence outside the precinct for which the person was elected.
132-5 SECTION 3.0907. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
132-6 (a) The temporary board of directors shall call and hold an
132-7 election to confirm establishment of the district and to elect
132-8 initial directors.
132-9 (b) At the confirmation and initial directors election, the
132-10 temporary board of directors shall have placed on the ballot the
132-11 name of any candidate filing for an initial director position and
132-12 blank spaces to write in the names of other persons. A temporary
132-13 director who is qualified to be a candidate under Sections 3.0905
132-14 and 3.0906 of this part may file for an initial director position.
132-15 (c) Section 41.001(a), Election Code, does not apply to a
132-16 confirmation and initial directors election held as provided by
132-17 this section.
132-18 (d) Except as provided by this section, a confirmation and
132-19 initial directors election must be conducted as provided by
132-20 Sections 36.017(b)-(h), Water Code, and the Election Code.
132-21 SECTION 3.0908. ELECTION OF DIRECTORS. (a) On the first
132-22 Saturday in May of the first even-numbered year after the year in
132-23 which the district is authorized to be created at a confirmation
132-24 election, an election shall be held in the district for the
132-25 election of three directors to serve four-year terms and two
132-26 directors to serve two-year terms.
133-1 (b) On the first Saturday in May of each subsequent second
133-2 year following the election, the appropriate number of directors
133-3 shall be elected.
133-4 SECTION 3.0909. EXPIRATION. If the creation of the district
133-5 is not confirmed at a confirmation election held under Section
133-6 3.0907 of this part before September 1, 2003, the district is
133-7 dissolved and this part expires on that date.
133-8 PART 10. SOUTHEAST TRINITY GROUNDWATER CONSERVATION DISTRICT
133-9 SECTION 3.1001. PURPOSE. The purpose of this part is to
133-10 ratify the Southeast Trinity Groundwater Conservation District, a
133-11 locally controlled groundwater district, to protect, recharge, and
133-12 prevent the waste of groundwater and to control subsidence of water
133-13 from the groundwater reservoirs.
133-14 SECTION 3.1002. RATIFICATION OF CREATION. The creation of
133-15 the Southeast Trinity Groundwater Conservation District by Chapter
133-16 1331, Acts of the 76th Legislature, Regular Session, 1999, is
133-17 ratified as required by Section 15(a) of that Act, subject to a
133-18 confirmation election under Section 3.1008 of this part.
133-19 SECTION 3.1003. DEFINITIONS. In this part:
133-20 (1) "Board" means the board of directors of the
133-21 district.
133-22 (2) "Commission" means the Texas Natural Resource
133-23 Conservation Commission.
133-24 (3) "District" means the Southeast Trinity Groundwater
133-25 Conservation District.
133-26 SECTION 3.1004. BOUNDARIES. The boundaries of the district
134-1 are as follows:
134-2 BEGINNING at the point of intersection of the Bexar County -
134-3 Comal County - Kendall County line:
134-4 THENCE following the meanders of the Cibolo Creek, the Bexar
134-5 County - Comal County line in an Easterly direction to the point of
134-6 intersection with latitude 29 40':
134-7 THENCE along 29 40' in a Southeasterly direction to the
134-8 point of intersection with Farm to Market Road 3009:
134-9 THENCE with the centerline of Farm to Market Road 3009 in a
134-10 Southerly direction to the point of intersection with the
134-11 centerline of Schoenthal Road:
134-12 THENCE with the centerline of Schoenthal Road in a
134-13 Northeasterly direction to the point of intersection with the
134-14 centerline of Farm to Market Road 1863:
134-15 THENCE with the centerline of Farm to Market Road 1863 in an
134-16 Easterly direction to the point of intersection with the centerline
134-17 of Mission Valley Road:
134-18 THENCE with the centerline of Mission Valley Road in a
134-19 Northeasterly direction to the point of intersection with the
134-20 centerline of State Highway 46;
134-21 THENCE with the centerline of State Highway 46 in a
134-22 Northwesterly direction to the point of intersection with the
134-23 centerline of Hueco Springs Loop Road:
134-24 THENCE with the centerline of Hueco Springs Loop Road in a
134-25 Northeasterly then Easterly direction to the point of intersection
134-26 with the centerline of River Road:
135-1 THENCE with the centerline of River Road in a Northeasterly
135-2 direction to the point of intersection with the Guadalupe River at
135-3 the First Crossing:
135-4 THENCE following the meanders of the Guadalupe River in a
135-5 Northerly direction to the point of intersection of the centerlines
135-6 of the Guadalupe River and Deep Creek:
135-7 (Note: the next four paragraphs coincide with the Southern
135-8 boundary of Comal County Voters Precinct 18)
135-9 THENCE along the meanders of Deep Creek in a Northeasterly
135-10 direction to the point of intersection of the centerline of Deep
135-11 Creek and the South line of the G. F. Lawrence Survey No. 33,
135-12 Abstract No. 358:
135-13 THENCE with the South line of the G. F. Lawrence Survey No.
135-14 33, Abstract No. 358 in a Northeasterly, Southeasterly, and
135-15 Northeasterly direction to the point of intersection of the South
135-16 centerline of Farm to Market Road 306 being at approximately
135-17 Engineers Station 397+98.3:
135-18 THENCE with the centerline of Farm to Market Road 306 in a
135-19 Southeasterly direction to the point of intersection of the
135-20 centerlines of Farm to Market Road 306 and the William Pfeuffer
135-21 private ranch road:
135-22 THENCE with the approximate bearing N 69 E and approximate
135-23 distance 5,000 feet to an angle point in the Comal County - Hays
135-24 County Line:
135-25 THENCE with the Comal County - Hays County line in a
135-26 Northwesterly direction to the point of intersection of the Comal
136-1 County - Hays County line with the Comal County - Blanco County
136-2 line:
136-3 THENCE with the Comal County - Blanco County line in a
136-4 Southwesterly direction to the point of intersection of the Comal
136-5 County - Blanco County - Kendall County line, continuing with the
136-6 Comal County - Kendall County line in a Southwesterly direction to
136-7 point of intersection of the Kendall County - Comal County - Bexar
136-8 County line being the Point of Beginning.
136-9 SECTION 3.1005. FINDINGS RELATIVE TO BOUNDARIES. The
136-10 legislature finds that the boundaries and field notes of the
136-11 district form a closure. A mistake in the field notes or in
136-12 copying the field notes in the legislative process does not affect
136-13 the organization, existence, or validity of the district, the right
136-14 of the district to levy and collect taxes, or the legality or
136-15 operation of the district or its governing body.
136-16 SECTION 3.1006. AUTHORITY OF DISTRICT. (a) Except as
136-17 provided by this section or otherwise by this part, the district
136-18 has the same permitting and general management powers as those
136-19 granted under Chapter 36, Water Code.
136-20 (b) The district has no regulatory jurisdiction over the
136-21 Edwards Aquifer or any surface water supply.
136-22 (c) The board by rule may impose reasonable fees, including
136-23 fees for groundwater transported out of the district, on each
136-24 groundwater well in the district that is not exempt from regulation
136-25 by the district, based on the amount of water withdrawn from the
136-26 well. The fees may be assessed annually, based on the size of
137-1 column pipe used in the wells, pump capacity, or actual,
137-2 authorized, or anticipated pumpage, to pay the maintenance and
137-3 operating expenses of the district's regulation of groundwater.
137-4 (d) Section 36.205(c), Water Code, does not apply to the
137-5 district.
137-6 (e) The district may assess an ad valorem property tax not
137-7 to exceed seven cents per $100 valuation for administrative,
137-8 operation, and maintenance expenses if approved by a majority of
137-9 the qualified voters voting in an election authorizing the tax.
137-10 (f) Any district conservation fee paid by a retail public
137-11 utility to the district shall be:
137-12 (1) collected by the retail public utility directly as
137-13 a regulatory fee from the customers of the utility and paid to the
137-14 district; and
137-15 (2) shown as a separate line item on the customer's
137-16 bill.
137-17 (g) Fees may not be assessed for groundwater withdrawn from
137-18 the Edwards Aquifer.
137-19 (h) The district shall determine which classes of wells are
137-20 exempt from permitting requirements.
137-21 (i) The district may not require a permit for:
137-22 (1) the drilling of or producing from a well either
137-23 drilled, completed, or equipped so that it is capable of producing
137-24 less than 10,000 gallons of water per day; or
137-25 (2) the drilling of or alteration of the size of a
137-26 well or to restrict the production of a well if the water produced
138-1 or to be produced from the well is or will be used to supply the
138-2 domestic needs of five or fewer households in which a person who is
138-3 a member of each household is either the owner of the well, a
138-4 person related to the owner or to a member of the owner's household
138-5 within the second degree by consanguinity, or an employee of the
138-6 owner.
138-7 (j) The district may construct according to, implement, and
138-8 maintain best management practices in the district and may engage
138-9 in and promote acceptance of best management practices through
138-10 education efforts sponsored by the district for the purposes of
138-11 water quality and water availability practices such as brush
138-12 management, recharge enhancement, water and silt detention and
138-13 retention structures, plugging of abandoned wells, and other
138-14 treatment measures for the conservation of groundwater resources.
138-15 SECTION 3.1007. BOARD OF DIRECTORS. (a) The district is
138-16 governed by a board of five directors.
138-17 (b) Temporary directors have been appointed by Comal County
138-18 Commissioners Court and shall serve until initial directors are
138-19 elected under Section 3.1008 of this part.
138-20 (c) The temporary directors are:
138-21 (1) Cal Perrine;
138-22 (2) Ernest T. Lee;
138-23 (3) Jill Sondeen;
138-24 (4) Larry Hull; and
138-25 (5) Stovy Bowlin.
138-26 (d) Initial directors shall be elected at a confirmation
139-1 election and serve until permanent directors are elected under
139-2 Section 3.1009 of this part.
139-3 (e) Permanent directors serve staggered four-year terms.
139-4 (f) The directors shall be elected from four precincts, and
139-5 one director will represent the district at large. No more than
139-6 two precincts may be in a single municipality.
139-7 (g) A member of the board must reside in and be a registered
139-8 voter in the precinct from which the person is elected or appointed
139-9 if representing a precinct or must reside and be registered to vote
139-10 in the district if representing the district at large.
139-11 (h) Directors may serve consecutive terms.
139-12 (i) In an election for board members, a write-in vote may
139-13 not be counted unless the name written in appears on the list of
139-14 write-in candidates. A declaration of write-in candidacy must be
139-15 filed not later than 5 p.m. of the 45th day before election day.
139-16 (j) Vacancies in the office of director are filled by
139-17 appointment of the board. If the vacant office is not scheduled
139-18 for election within the next two years at the time of the
139-19 appointment, the board shall order an election for the unexpired
139-20 term to be held as part of the next regularly scheduled directors
139-21 election. The appointed director's term ends on qualification of
139-22 the director elected at that election.
139-23 (k) The district may not issue bonds before September 1,
139-24 2004.
139-25 SECTION 3.1008. CONFIRMATION ELECTION AND ELECTION OF
139-26 INITIAL DIRECTORS. (a) As soon as practicable after September 1,
140-1 2001, the temporary board of directors may set the date for, call,
140-2 and hold an election:
140-3 (1) to confirm establishment of the district;
140-4 (2) to elect five initial directors; and
140-5 (3) to authorize the district to impose a tax.
140-6 (b) The election may be held on the first authorized
140-7 election date after the United States Department of Justice has
140-8 precleared this part. The district shall contract with the county
140-9 clerk of Comal County to conduct the election.
140-10 (c) The elected initial directors shall draw lots to
140-11 determine their terms so that:
140-12 (1) two of the initial directors serve two-year terms
140-13 that expire on the uniform election date in November of the second
140-14 year after the date the initial directors were elected; and
140-15 (2) the remaining three initial directors serve
140-16 four-year terms that expire on the uniform election date in
140-17 November of the fourth year after the year in which the initial
140-18 directors were elected.
140-19 (d) Section 41.001(a), Election Code, does not apply to a
140-20 confirmation and directors election held as provided by this
140-21 section.
140-22 (e) Except as provided by this section, a confirmation and
140-23 directors election must be conducted as provided by Sections
140-24 36.017(b)-(h), Water Code, and the Election Code.
140-25 (f) The Comal County Commissioners Court shall pay the
140-26 expenses of conducting the confirmation and initial directors
141-1 election, subject to reimbursement from the district if the
141-2 establishment of the district is confirmed or from available
141-3 revenues, including funds allocated under Section 36.160, Water
141-4 Code, if the establishment of the district is defeated.
141-5 (g) If the district is defeated, the temporary directors may
141-6 call and hold subsequent elections to confirm establishment of the
141-7 district. A subsequent election may not be held earlier than the
141-8 first anniversary of the date on which the previous election was
141-9 held. If the district has not been confirmed at an election held
141-10 under this section before the fourth anniversary of the effective
141-11 date of this part, the district is dissolved on that date, except
141-12 that any debts incurred shall be paid and the organization of the
141-13 district shall be maintained until all debts are paid.
141-14 SECTION 3.1009. ELECTION OF PERMANENT DIRECTORS. (a) On
141-15 the uniform election date in November of the second year after the
141-16 year in which initial directors are elected, an election shall be
141-17 held in the district to elect two permanent directors for the
141-18 positions of the two initial directors serving two-year terms.
141-19 (b) On the uniform election date in November of each
141-20 subsequent second year following the election held under Subsection
141-21 (a) of this section, an election shall be held to elect the
141-22 appropriate number of permanent directors to the board.
141-23 SECTION 3.1010. COORDINATION WITH OTHER DISTRICTS. The
141-24 district may coordinate activities with other groundwater districts
141-25 that regulate the Trinity Aquifer for the purposes of conjunctively
141-26 managing the common resource.
142-1 SECTION 3.1011. MODIFICATION OF DISTRICT. The district may
142-2 be modified only under Subchapter J, Chapter 36, Water Code, and by
142-3 subsequent acts of the legislature.
142-4 SECTION 3.1012. STATUTORY INTERPRETATION. Except as
142-5 otherwise provided by this part, if there is a conflict between
142-6 this part and Chapter 36, Water Code, or Chapter 1331, Acts of the
142-7 76th Legislature, Regular Session, 1999, this part controls.
142-8 PART 11. TEXANA GROUNDWATER CONSERVATION DISTRICT
142-9 SECTION 3.1101. RATIFICATION OF CREATION. The creation of
142-10 the Texana Groundwater Conservation District in Jackson County by
142-11 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999,
142-12 is ratified as required by Section 15(a) of that chapter, subject
142-13 to approval at a confirmation election under Section 3.1107 of this
142-14 part.
142-15 SECTION 3.1102. DEFINITION. In this part, "district" means
142-16 the Texana Groundwater Conservation District.
142-17 SECTION 3.1103. BOUNDARIES. The boundaries of the district
142-18 are coextensive with the boundaries of Jackson County.
142-19 SECTION 3.1104. GENERAL POWERS. The district has all of the
142-20 rights, powers, privileges, authority, functions, and duties
142-21 provided by the general law of the state, including Chapter 36,
142-22 Water Code, applicable to groundwater conservation districts
142-23 created under Section 59, Article XVI, Texas Constitution. This
142-24 part prevails over any provision of general law, including Chapter
142-25 36, Water Code, or Chapter 1331, Acts of the 76th Legislature,
142-26 Regular Session, 1999, that is in conflict or inconsistent with
143-1 this part.
143-2 SECTION 3.1105. BOARD OF DIRECTORS. (a) The district is
143-3 governed by a board of seven directors.
143-4 (b) Temporary directors serve until initial directors are
143-5 elected under Section 3.1107 of this part.
143-6 (c) Initial directors serve until permanent directors are
143-7 elected under Section 3.1108 of this part.
143-8 (d) Permanent directors serve staggered four-year terms.
143-9 (e) Each director must qualify to serve as director in the
143-10 manner provided by Section 36.055, Water Code.
143-11 (f) A director serves until the director's successor has
143-12 qualified.
143-13 (g) If there is a vacancy on the board, the remaining
143-14 directors shall appoint a director to serve the remainder of the
143-15 term.
143-16 (h) A director may not receive a salary or other
143-17 compensation for service as a director but may be reimbursed for
143-18 actual expenses of attending meetings at the rate in effect for
143-19 employees of Jackson County.
143-20 SECTION 3.1106. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
143-21 PRECINCTS. (a) The directors of the district shall be elected
143-22 according to the commissioners precinct method as provided by this
143-23 section.
143-24 (b) Three directors shall be elected by the qualified voters
143-25 of the entire district, and one director shall be elected from each
143-26 county commissioners precinct by the qualified voters of that
144-1 precinct.
144-2 (c) To be qualified to be a candidate for or to serve as a
144-3 director at large, a person must be a registered voter in the
144-4 district. To be a candidate for or to serve as director from a
144-5 county commissioners precinct, a person must be a registered voter
144-6 of that precinct.
144-7 (d) A person shall indicate on the application for a place
144-8 on the ballot:
144-9 (1) the precinct that the person seeks to represent;
144-10 or
144-11 (2) that the person seeks to represent the district at
144-12 large.
144-13 (e) When the boundaries of the commissioners precincts are
144-14 changed, each director in office on the effective date of the
144-15 change or elected to a term of office beginning on or after the
144-16 effective date of the change serves in the precinct to which the
144-17 director was elected for the entire term to which the director was
144-18 elected, even though the change in boundaries places the person's
144-19 residence outside the precinct for which the person was elected.
144-20 SECTION 3.1107. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
144-21 (a) The temporary board of directors shall call and hold an
144-22 election to confirm establishment of the district and to elect
144-23 initial directors.
144-24 (b) At the confirmation and initial directors election, the
144-25 temporary board of directors shall have placed on the ballot the
144-26 name of any candidate filing for an initial director position and
145-1 blank spaces to write in the names of other persons. A temporary
145-2 director who is qualified to be a candidate under Sections 3.1105
145-3 and 3.1106 of this part may file for an initial director position.
145-4 (c) Section 41.001(a), Election Code, does not apply to a
145-5 confirmation and initial directors election held as provided by
145-6 this section.
145-7 (d) Except as provided by this section, a confirmation and
145-8 initial directors election must be conducted as provided by
145-9 Sections 36.017(b)-(h), Water Code, and the Election Code.
145-10 (e) If the majority of the votes cast at an election held
145-11 under this section is against the confirmation of the district, the
145-12 temporary directors may not call another election under this
145-13 section before the first anniversary of that election.
145-14 SECTION 3.1108. ELECTION OF DIRECTORS. (a) On the first
145-15 Saturday in May of the first even-numbered year after the year in
145-16 which the district is authorized to be created at a confirmation
145-17 election, an election shall be held in the district for the
145-18 election of two directors at large and two directors representing
145-19 precincts to serve four-year terms and one director at large and
145-20 two directors representing precincts to serve two-year terms.
145-21 (b) On the first Saturday in May of each subsequent second
145-22 year following the election, the appropriate number of directors
145-23 shall be elected.
145-24 SECTION 3.1109. LIMITATION ON TAXATION. The district may
145-25 not levy or collect an ad valorem tax at a rate that exceeds two
145-26 cents on each $100 valuation of taxable property in the district.
146-1 SECTION 3.1110. CONTRACTS WITH GOVERNMENT ENTITIES.
146-2 (a) The district may contract with other government entities.
146-3 (b) The district may contract with other governmental
146-4 entities, including river authorities located in the district, for
146-5 the performance of any or all district functions. A river
146-6 authority with which the district contracts under this section may
146-7 perform district functions as provided by the contract.
146-8 PART 12. TRI-COUNTY GROUNDWATER CONSERVATION DISTRICT
146-9 SECTION 3.1201. RATIFICATION OF CREATION. The creation of
146-10 the Tri-County Groundwater Conservation District in Foard,
146-11 Hardeman, and Wilbarger counties by Chapter 1331, Acts of the 76th
146-12 Legislature, Regular Session, 1999, is ratified as required by
146-13 Section 15(a) of that chapter, subject to approval at a
146-14 confirmation election under Section 3.1207 of this part.
146-15 SECTION 3.1202. DEFINITION. In this part, "district" means
146-16 the Tri-County Groundwater Conservation District.
146-17 SECTION 3.1203. BOUNDARIES. The boundaries of the district
146-18 are coextensive with the boundaries of Foard, Hardeman, and
146-19 Wilbarger counties.
146-20 SECTION 3.1204. GENERAL POWERS. The district has all of the
146-21 rights, powers, privileges, authority, functions, and duties
146-22 provided by the general law of the state, including Chapter 36,
146-23 Water Code, applicable to groundwater conservation districts
146-24 created under Section 59, Article XVI, Texas Constitution. This
146-25 part prevails over any provision of general law, including Chapter
146-26 36, Water Code, or Chapter 1331, Acts of the 76th Legislature,
147-1 Regular Session, 1999, that is in conflict or inconsistent with
147-2 this part.
147-3 SECTION 3.1205. BOARD OF DIRECTORS. (a) The district is
147-4 governed by a board of six directors. Two directors are appointed
147-5 by the commissioners court of each county in the district.
147-6 (b) Each director must qualify to serve as director in the
147-7 manner provided by Section 36.055, Water Code.
147-8 (c) Directors other than initial directors serve staggered
147-9 four-year terms.
147-10 (d) A director serves until the director's successor has
147-11 qualified.
147-12 (e) If there is a vacancy on the board, the appropriate
147-13 commissioners court shall appoint a director to serve the remainder
147-14 of the term.
147-15 (f) The appropriate commissioners court shall appoint a
147-16 director to succeed a director on or before the date the director's
147-17 term expires.
147-18 (g) A director may not receive a salary or other
147-19 compensation for service as a director but may be reimbursed for
147-20 actual expenses of attending meetings.
147-21 SECTION 3.1206. APPOINTMENT AND TERMS OF INITIAL DIRECTORS.
147-22 (a) As soon as practicable after September 1, 2001, the
147-23 commissioners courts of Foard, Hardeman, and Wilbarger counties
147-24 shall each appoint two initial directors.
147-25 (b) The initial directors serve terms as follows:
147-26 (1) the two initial directors appointed by the Foard
148-1 County Commissioners Court serve terms expiring February 1, 2002;
148-2 (2) the two initial directors appointed by the
148-3 Hardeman County Commissioners Court serve terms expiring February
148-4 1, 2004; and
148-5 (3) the two initial directors appointed by the
148-6 Wilbarger County Commissioners Court serve terms expiring February
148-7 1, 2006.
148-8 SECTION 3.1207. CONFIRMATION ELECTION. (a) The board of
148-9 directors shall call and hold an election to confirm the
148-10 establishment of the district.
148-11 (b) Section 41.001(a), Election Code, does not apply to a
148-12 confirmation election held as provided by this section.
148-13 (c) Except as provided by this section, a confirmation
148-14 election must be conducted as provided by Sections 36.017(b)-(h),
148-15 Water Code, and the Election Code.
148-16 SECTION 3.1208. TAXING AUTHORITY. The district may levy and
148-17 collect an ad valorem tax in the district at a rate not to exceed
148-18 one cent on each $100 of assessed valuation.
148-19 SECTION 3.1209. EXPIRATION. If the creation of the district
148-20 is not confirmed at a confirmation election held under Section
148-21 3.1207 of this part before September 1, 2003, the district is
148-22 dissolved and this part expires on that date.
148-23 PART 13. BRAZOS VALLEY GROUNDWATER CONSERVATION DISTRICT
148-24 SECTION 3.1301. RATIFICATION OF CREATION. The creation by
148-25 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999,
148-26 of the Brazos Valley Groundwater Conservation District in Robertson
149-1 and Brazos counties is ratified as required by Section 15(a) of
149-2 that Act, subject to approval at a confirmation election under
149-3 Section 3.1312 of this part.
149-4 SECTION 3.1302. DEFINITION. In this part, "district" means
149-5 the Brazos Valley Groundwater Conservation District.
149-6 SECTION 3.1303. BOUNDARIES. The boundaries of the district
149-7 are coextensive with the boundaries of Robertson and Brazos
149-8 counties, Texas.
149-9 SECTION 3.1304. GENERAL POWERS. (a) Except as otherwise
149-10 provided by this part, the district has all of the rights, powers,
149-11 privileges, authority, functions, and duties provided by the
149-12 general law of this state, including Chapter 36, Water Code,
149-13 applicable to groundwater conservation districts created under
149-14 Section 59, Article XVI, Texas Constitution. This part prevails
149-15 over any provision of general law that is in conflict or
149-16 inconsistent with this part, including any provision of Chapter 36,
149-17 Water Code, or Chapter 1331, Acts of the 76th Legislature, Regular
149-18 Session, 1999.
149-19 (b) The district does not have the authority granted by the
149-20 following provisions of Chapter 36, Water Code:
149-21 (1) Section 36.105, relating to eminent domain; and
149-22 (2) Sections 36.020 and 36.201-36.204, relating to
149-23 taxes.
149-24 SECTION 3.1305. BONDS. The district may issue bonds and
149-25 notes under Sections 36.171-36.181, Water Code, not to exceed
149-26 $500,000 of total indebtedness at any time.
150-1 SECTION 3.1306. FEES. (a) The board of directors of the
150-2 district by rule may impose reasonable fees on each well for which
150-3 a permit is issued by the district and which is not exempt from
150-4 regulation by the district. A fee may be based on the size of
150-5 column pipe used by the well or on the actual, authorized, or
150-6 anticipated amount of water to be withdrawn from the well.
150-7 (b) The initial fee shall be based on the amount of water to
150-8 be withdrawn from the well. The initial fee:
150-9 (1) may not exceed:
150-10 (A) $0.25 per acre-foot for water used for
150-11 irrigating agricultural crops or operating existing steam electric
150-12 stations; or
150-13 (B) $0.0425 per thousand gallons for water used
150-14 for any other purpose; and
150-15 (2) may be increased at a cumulative rate not to
150-16 exceed three percent per year.
150-17 (c) In addition to the fee authorized under Subsection (b)
150-18 of this section, the district may impose a reasonable fee or
150-19 surcharge for an export fee using one of the following methods:
150-20 (1) a fee negotiated between the district and the
150-21 transporter; or
150-22 (2) a combined production and export fee not to exceed
150-23 17 cents per thousand gallons for water used.
150-24 SECTION 3.1307. GROUNDWATER WELLS UNDER JURISDICTION OF
150-25 RAILROAD COMMISSION. (a) Groundwater wells drilled or operated
150-26 within the district under permits issued by the Railroad Commission
151-1 of Texas are under the exclusive jurisdiction of the railroad
151-2 commission and are exempt from regulation by the district.
151-3 (b) Groundwater produced in an amount authorized by a
151-4 railroad commission permit may be used within or exported from the
151-5 district without obtaining a permit from the district.
151-6 (c) To the extent groundwater production exceeds railroad
151-7 commission authorization, the holder of the railroad commission
151-8 permit must apply to the district for appropriate permits for the
151-9 excess production and is subject to the applicable regulatory fees.
151-10 (d) Groundwater produced from wells under the jurisdiction
151-11 of the railroad commission is generally exempt from water district
151-12 fees. However, the district may impose either a pumping fee or an
151-13 export fee on groundwater produced from an otherwise exempt mine
151-14 well that is used for municipal purposes or by a public utility.
151-15 Any fee imposed by the district under this subsection may not
151-16 exceed the fee imposed on other groundwater producers in the
151-17 district.
151-18 SECTION 3.1308. REGIONAL COOPERATION. (a) To provide for
151-19 regional continuity, the district shall:
151-20 (1) participate in a regular annual coordination
151-21 meeting with other groundwater districts in its designated
151-22 management area and may hold coordination meetings at other times
151-23 as needed;
151-24 (2) coordinate the collection of data with other
151-25 groundwater districts in its designated management area in such a
151-26 way as to achieve relative uniformity of data type and quality;
152-1 (3) coordinate efforts to monitor water quality with
152-2 other groundwater districts in its designated management area,
152-3 local governments, and state agencies;
152-4 (4) provide groundwater level data to other
152-5 groundwater districts in its designated management area;
152-6 (5) investigate any groundwater and aquifer pollution
152-7 with the intention of locating its source;
152-8 (6) notify other groundwater districts in its
152-9 designated management area and all appropriate agencies of any
152-10 detected groundwater pollution;
152-11 (7) annually provide to other groundwater districts in
152-12 its designated management area an inventory of water wells and an
152-13 estimate of groundwater production within the district; and
152-14 (8) include other groundwater districts in its
152-15 designated management area on the mailing lists for district
152-16 newsletters, seminars, public education events, news articles, and
152-17 field days.
152-18 (b) The district shall prepare a comprehensive management
152-19 plan as required by Section 36.1071, Water Code, covering that
152-20 district's respective territory. On completion and certification
152-21 of the plan as required by Section 36.1072, Water Code, the
152-22 district shall forward a copy of the new or revised management plan
152-23 to the other districts in its designated management area. The
152-24 district shall consider the management plans individually and shall
152-25 compare them to other management plans in the designated management
152-26 area.
153-1 (1) The district shall, by resolution, call for joint
153-2 planning with the other districts in the designated management area
153-3 to review and coordinate the management plans and accomplishments
153-4 for the designated management area. In reviewing and coordinating
153-5 the management plans, the boards shall consider:
153-6 (A) the goals of each management plan and its
153-7 impact on planning throughout the management area;
153-8 (B) the groundwater management standards of each
153-9 district describing the desired condition of the groundwater source
153-10 over time as indicated by indices of quantity of water in the
153-11 source, quality of water produced from the source, springflows, or
153-12 subsidence of the land surface;
153-13 (C) the groundwater withdrawal rates adopted by
153-14 each district and the effectiveness of those rates in achieving the
153-15 groundwater management standard of the district;
153-16 (D) the effectiveness of the measures
153-17 established by each management plan for conserving and protecting
153-18 groundwater and preventing waste, and the effectiveness of these
153-19 measures in the management area generally; and
153-20 (E) any other matters that the boards consider
153-21 relevant to the protection and conservation of groundwater and the
153-22 prevention of waste in the management area.
153-23 (2) In the management plan the district may establish
153-24 and coordinate with the other districts within the designated
153-25 management area an annual total groundwater withdrawal limit and
153-26 equitable allocation as determined from an evaluation of the
154-1 overall scientific data of the groundwater resources in the region,
154-2 including the Texas Water Development Board's groundwater
154-3 availability model. The determination of sustainable groundwater
154-4 withdrawal shall be reviewed at least every five years.
154-5 (3) Each district participating in the joint planning
154-6 process initiated under this subsection shall ensure that the
154-7 groundwater management standards adopted by the district are
154-8 adequate to protect the groundwater within the area of each
154-9 district and are not incompatible with the groundwater management
154-10 standards adopted by the other districts in the management area.
154-11 (4) If a joint meeting of the boards of directors is
154-12 called, the meeting must be held in accordance with Chapter 551,
154-13 Government Code. Notice of the meeting shall be given in
154-14 accordance with the requirements for notice of district board of
154-15 directors meetings under that chapter. In addition, notice of the
154-16 meeting shall be published not later than the 30th day before the
154-17 date of the scheduled meeting in a newspaper with general
154-18 circulation in each county in the management area.
154-19 (5) A district in the management area may file with
154-20 good cause a petition with the Texas Natural Resource Conservation
154-21 Commission requesting an inquiry if the petitioner district adopted
154-22 a resolution calling for joint planning and the other district or
154-23 districts refused to join in the planning process or the process
154-24 failed to result in adequate planning, and the petition provides
154-25 evidence that:
154-26 (A) another district in the management area has
155-1 failed to adopt rules;
155-2 (B) the groundwater in the management area is
155-3 not adequately protected by the rules adopted by another district;
155-4 or
155-5 (C) the groundwater in the management area is
155-6 not adequately protected due to the failure of another district to
155-7 enforce substantial compliance with its rules.
155-8 (6) The district may contract to jointly conduct
155-9 studies or research, or to construct projects, under terms and
155-10 conditions that the districts consider beneficial with districts
155-11 located within the same management area or in adjacent management
155-12 areas. These joint efforts may include studies of groundwater
155-13 availability and quality, aquifer modeling, and the interaction of
155-14 groundwater and surface water; educational programs; the purchase
155-15 and sharing of equipment; and the implementation of projects to
155-16 make groundwater available, including aquifer recharge, brush
155-17 control, weather modification, desalination, regionalization, and
155-18 treatment or conveyance facilities. The districts may contract
155-19 under their existing authorizations including those of Chapter 791,
155-20 Government Code, if their contracting authority is not limited by
155-21 Sections 791.011(c)(2) and (d)(3) and Section 791.014, Government
155-22 Code.
155-23 (c) The district shall determine biennially, using the
155-24 overall available scientific data of groundwater resources in the
155-25 Central Carrizo-Wilcox area, whether pumping within the district or
155-26 an adjacent district is unreasonably affecting groundwater wells.
156-1 The district, in agreement with other districts within the
156-2 designated management area, may adopt mitigation measures in
156-3 response to such unreasonable adverse effects only if the measures
156-4 are based on a scientific determination made.
156-5 (d) The district may assist in the mediation between
156-6 landowners regarding the mitigation of the loss of existing
156-7 groundwater supply of exempt domestic and livestock users due to
156-8 the groundwater pumping of others in adjoining districts.
156-9 SECTION 3.1309. BOARD OF DIRECTORS. (a) The district is
156-10 governed by a board of eight directors.
156-11 (b) Initial directors serve until permanent directors are
156-12 appointed under Section 3.1310 of this part and qualified as
156-13 required by Subsection (d) of this section.
156-14 (c) Permanent directors serve four-year staggered terms.
156-15 (d) Each director must qualify to serve as a director in the
156-16 manner provided by Section 36.055, Water Code.
156-17 (e) A director serves until the director's successor has
156-18 qualified.
156-19 (f) A director may serve consecutive terms.
156-20 (g) If there is a vacancy on the board, the governing body
156-21 of the entity that appointed the director who vacated the office
156-22 shall appoint a director to serve the remainder of the term.
156-23 (h) Directors are not entitled to receive compensation for
156-24 serving as a director but may be reimbursed for actual, reasonable
156-25 expenses incurred in the discharge of official duties.
156-26 (i) A majority vote of a quorum is required for board
157-1 action. If there is a tie vote, the proposed action fails.
157-2 SECTION 3.1310. APPOINTMENT OF DIRECTORS. (a) The
157-3 Robertson County Commissioners Court shall appoint four directors,
157-4 of whom:
157-5 (1) one must represent municipal interests in the
157-6 county;
157-7 (2) one must represent agricultural interests in the
157-8 county;
157-9 (3) one must represent rural water suppliers'
157-10 interests in the county; and
157-11 (4) one must represent industrial interests in the
157-12 county.
157-13 (b) The Brazos County Commissioners Court shall appoint two
157-14 directors, of whom:
157-15 (1) one must represent rural water suppliers'
157-16 interests in the county; and
157-17 (2) one must represent agricultural interests in the
157-18 county.
157-19 (c) The governing body of the City of Bryan, with the
157-20 approval of the Brazos County Commissioners Court, shall appoint
157-21 one director.
157-22 (d) The governing body of the City of College Station, with
157-23 the approval of the Brazos County Commissioners Court, shall
157-24 appoint one director.
157-25 (e) Each of the governing bodies authorized by this section
157-26 to make an appointment shall appoint the appropriate number of
158-1 initial directors as soon as practicable following the effective
158-2 date of this Act, but not later than the 45th day after the
158-3 effective date of this Act.
158-4 (f) The four initial directors from Robertson County shall
158-5 draw lots to determine their terms. Two initial directors from
158-6 Robertson County and the two initial directors from Brazos County
158-7 serve terms that expire on January 1 of the second year following
158-8 the confirmation of the district at an election held under Section
158-9 3.1312 of this part. The remaining four initial directors serve
158-10 terms that expire on January 1 of the fourth year following the
158-11 confirmation of the district. On January 1 of the second year
158-12 following confirmation of the district and every two years after
158-13 that date, the appropriate governing body shall appoint the
158-14 appropriate number of permanent directors.
158-15 SECTION 3.1311. ORGANIZATIONAL MEETING. As soon as
158-16 practicable after all the initial directors have been appointed and
158-17 have qualified as provided in this part, a majority of the
158-18 directors shall convene the organizational meeting of the district
158-19 at a location within the district agreeable to a majority of the
158-20 directors. If no location can be agreed on, the organizational
158-21 meeting of the directors shall be at the Robertson County
158-22 Courthouse.
158-23 SECTION 3.1312. CONFIRMATION ELECTION. (a) The initial
158-24 board of directors shall call and hold an election on the same date
158-25 in each county within the district to confirm the creation of the
158-26 district.
159-1 (b) Except as provided by this section, a confirmation
159-2 election must be conducted as provided by Sections 36.017, 36.018,
159-3 and 36.019, Water Code, and Section 41.001, Election Code.
159-4 (c) Confirmation of the district requires a vote in favor of
159-5 confirmation by a majority of the qualified voters voting in the
159-6 election.
159-7 (d) The district is dissolved and this part expires on
159-8 August 31, 2003, unless the voters confirm the creation of the
159-9 district before that date.
159-10 PART 14. POST OAK SAVANNAH GROUNDWATER CONSERVATION DISTRICT
159-11 SECTION 3.1401. CREATION. (a) A groundwater conservation
159-12 district, to be known as the Post Oak Savannah Groundwater
159-13 Conservation District, is created in Milam and Burleson counties,
159-14 subject to approval at a confirmation election under Section 3.1412
159-15 of this part. The district is a governmental agency and a body
159-16 politic and corporate.
159-17 (b) The district is created under and is essential to
159-18 accomplish the purposes of Section 59, Article XVI, Texas
159-19 Constitution.
159-20 SECTION 3.1402. DEFINITION. In this part, "district" means
159-21 the Post Oak Savannah Groundwater Conservation District.
159-22 SECTION 3.1403. BOUNDARIES. The boundaries of the district
159-23 are coextensive with the boundaries of Milam and Burleson counties.
159-24 SECTION 3.1404. FINDING OF BENEFIT. All of the land and
159-25 other property included within the boundaries of the district will
159-26 be benefited by the works and projects that are to be accomplished
160-1 by the district under powers conferred by Section 59, Article XVI,
160-2 Texas Constitution. The district is created to serve a public use
160-3 and benefit.
160-4 SECTION 3.1405. GENERAL POWERS. (a) Except as otherwise
160-5 provided by this part, the district has all of the rights, powers,
160-6 privileges, authority, functions, and duties provided by the
160-7 general law of this state, including Chapter 36, Water Code,
160-8 applicable to groundwater conservation districts created under
160-9 Section 59, Article XVI, Texas Constitution. This part prevails
160-10 over any provision of general law that is in conflict or
160-11 inconsistent with this part, including any provision of Chapter 36,
160-12 Water Code.
160-13 (b) The district does not have the authority granted by the
160-14 following provisions of Chapter 36, Water Code:
160-15 (1) Section 36.105, relating to eminent domain; and
160-16 (2) Sections 36.020 and 36.201-36.204, relating to
160-17 taxes.
160-18 SECTION 3.1406. FEES. (a) The board of directors of the
160-19 district by rule may impose reasonable fees on each well for which
160-20 a permit is issued by the district and which is not exempt from
160-21 regulation by the district. A fee may be based on the size of
160-22 column pipe used by the well or on the actual, authorized, or
160-23 anticipated amount of water to be withdrawn from the well.
160-24 (b) Fees may not exceed:
160-25 (1) one dollar per acre-foot for water used for
160-26 irrigating agricultural crops; or
161-1 (2) 17 cents per thousand gallons for water used for
161-2 any other purpose.
161-3 (c) In addition to the fee authorized under Subsection (b)
161-4 of this section, the district may impose a reasonable fee or
161-5 surcharge for an export fee using one of the following methods:
161-6 (1) a fee negotiated between the district and the
161-7 transporter; or
161-8 (2) a combined production and export fee not to exceed
161-9 17 cents per thousand gallons for water used.
161-10 SECTION 3.1407. GROUNDWATER WELLS UNDER JURISDICTION OF
161-11 RAILROAD COMMISSION. (a) Groundwater wells drilled or operated
161-12 within the district under permits issued by the Railroad Commission
161-13 of Texas are under the exclusive jurisdiction of the railroad
161-14 commission and are exempt from regulation by the district.
161-15 (b) Groundwater produced in an amount authorized by a
161-16 Railroad Commission of Texas permit may be used within or exported
161-17 from the district without obtaining a permit from the district.
161-18 (c) To the extent groundwater production exceeds Railroad
161-19 Commission of Texas authorization, the holder of the railroad
161-20 commission permit must apply to the district for appropriate
161-21 permits for the excess production and is subject to the applicable
161-22 regulatory fees.
161-23 (d) Groundwater produced from wells under the jurisdiction
161-24 of the Railroad Commission of Texas is generally exempt from water
161-25 district fees. However, the district may impose either a pumping
161-26 fee or an export fee on groundwater produced from an otherwise
162-1 exempt mine well that is used for municipal purposes or by a public
162-2 utility. Any fee imposed by the district under this subsection may
162-3 not exceed the fee imposed on other groundwater producers in the
162-4 district.
162-5 SECTION 3.1408. REGIONAL COOPERATION. (a) To provide for
162-6 regional continuity, the district shall:
162-7 (1) participate in a regular annual coordination
162-8 meeting with other groundwater districts in its designated
162-9 management area and may hold coordination meetings at other times
162-10 as needed;
162-11 (2) coordinate the collection of data with other
162-12 groundwater districts in its designated management area in such a
162-13 way as to achieve relative uniformity of data type and quality;
162-14 (3) coordinate efforts to monitor water quality with
162-15 other groundwater districts in its designated management area,
162-16 local governments, and state agencies;
162-17 (4) provide groundwater level data to other
162-18 groundwater districts in its designated management area;
162-19 (5) investigate any groundwater and aquifer pollution
162-20 with the intention of locating its source;
162-21 (6) notify other groundwater districts in its
162-22 designated management area and all appropriate agencies of any
162-23 detected groundwater pollution;
162-24 (7) annually provide to other groundwater districts in
162-25 its designated management area an inventory of water wells and an
162-26 estimate of groundwater production within the district; and
163-1 (8) include other groundwater districts in its
163-2 designated management area on the mailing lists for district
163-3 newsletters, seminars, public education events, news articles, and
163-4 field days.
163-5 (b) The district shall prepare a comprehensive management
163-6 plan as required by Section 36.1071, Water Code, covering that
163-7 district's respective territory. On completion and certification
163-8 of the plan as required by Section 36.1072, Water Code, the
163-9 district shall forward a copy of the new or revised management plan
163-10 to the other districts in its designated management area. The
163-11 district shall consider the management plans individually and shall
163-12 compare them to other management plans in the designated management
163-13 area.
163-14 (1) The district shall, by resolution, call for joint
163-15 planning with the other districts in the designated management area
163-16 to review and coordinate the management plans and accomplishments
163-17 for the designated management area. In reviewing and coordinating
163-18 the management plans, the boards shall consider:
163-19 (A) the goals of each management plan and its
163-20 impact on planning throughout the management area;
163-21 (B) the groundwater management standards of each
163-22 district describing the desired condition of the groundwater source
163-23 over time as indicated by indices of quantity of water in the
163-24 source, quality of water produced from the source, springflows, or
163-25 subsidence of the land surface;
163-26 (C) the groundwater withdrawal rates adopted by
164-1 each district and the effectiveness of those rates in achieving the
164-2 groundwater management standard of the district;
164-3 (D) the effectiveness of the measures
164-4 established by each management plan for conserving and protecting
164-5 groundwater and preventing waste, and the effectiveness of these
164-6 measures in the management area generally; and
164-7 (E) any other matters that the boards consider
164-8 relevant to the protection and conservation of groundwater and the
164-9 prevention of waste in the management area.
164-10 (2) In the management plan the district may establish
164-11 and coordinate with the other districts within the designated
164-12 management area an annual total groundwater withdrawal limit and
164-13 equitable allocation as determined from an evaluation of the
164-14 overall scientific data of the groundwater resources in the region,
164-15 including the Texas Water Development Board's groundwater
164-16 availability model. The determination of sustainable groundwater
164-17 withdrawal shall be reviewed at least every five years.
164-18 (3) Each district participating in the joint planning
164-19 process initiated under this subsection shall ensure that the
164-20 groundwater management standards adopted by the district are
164-21 adequate to protect the groundwater within the area of each
164-22 district and are not incompatible with the groundwater management
164-23 standards adopted by the other districts in the management area.
164-24 (4) If a joint meeting of the boards of directors is
164-25 called, the meeting must be held in accordance with Chapter 551,
164-26 Government Code. Notice of the meeting shall be given in
165-1 accordance with the requirements for notice of district board of
165-2 directors meetings under that chapter. In addition, notice of the
165-3 meeting shall be published not later than the 30th day before the
165-4 date of the scheduled meeting in a newspaper with general
165-5 circulation in each county in the management area.
165-6 (5) A district in the management area may file with
165-7 good cause a petition with the Texas Natural Resource Conservation
165-8 Commission requesting an inquiry if the petitioner district adopted
165-9 a resolution calling for joint planning and the other district or
165-10 districts refused to join in the planning process or the process
165-11 failed to result in adequate planning, and the petition provides
165-12 evidence that:
165-13 (A) another district in the management area has
165-14 failed to adopt rules;
165-15 (B) the groundwater in the management area is
165-16 not adequately protected by the rules adopted by another district;
165-17 or
165-18 (C) the groundwater in the management area is
165-19 not adequately protected due to the failure of another district to
165-20 enforce substantial compliance with its rules.
165-21 (6) The district may contract to jointly conduct
165-22 studies or research, or to construct projects, under terms and
165-23 conditions that the districts consider beneficial with districts
165-24 located within the same management area or in adjacent management
165-25 areas. These joint efforts may include studies of groundwater
165-26 availability and quality, aquifer modeling, and the interaction of
166-1 groundwater and surface water; educational programs; the purchase
166-2 and sharing of equipment; and the implementation of projects to
166-3 make groundwater available, including aquifer recharge, brush
166-4 control, weather modification, desalination, regionalization, and
166-5 treatment or conveyance facilities. The districts may contract
166-6 under their existing authorizations including those of Chapter 791,
166-7 Government Code, if their contracting authority is not limited by
166-8 Sections 791.011(c)(2) and (d)(3) and Section 791.014, Government
166-9 Code.
166-10 (c) The district shall determine biennially, using the
166-11 overall available scientific data of groundwater resources in the
166-12 Central Carrizo-Wilcox area, whether pumping within the district or
166-13 an adjacent district is unreasonably affecting groundwater wells.
166-14 The district, in agreement with other districts within the
166-15 designated management area, may adopt mitigation measures in
166-16 response to such unreasonable adverse effects only if the measures
166-17 are based on a scientific determination made.
166-18 (d) The district may assist in the mediation between
166-19 landowners regarding the mitigation of the loss of existing
166-20 groundwater supply of exempt domestic and livestock users due to
166-21 the groundwater pumping of others in adjoining districts.
166-22 SECTION 3.1409. BOARD OF DIRECTORS. (a) The district is
166-23 governed by a board of 10 directors.
166-24 (b) Initial directors serve until permanent directors are
166-25 appointed under Section 3.1410 of this part and qualified as
166-26 required by Subsection (d) of this section.
167-1 (c) Permanent directors serve four-year staggered terms.
167-2 (d) Each director must qualify to serve as a director in the
167-3 manner provided by Section 36.055, Water Code.
167-4 (e) A director serves until the director's successor has
167-5 qualified.
167-6 (f) A director may serve consecutive terms.
167-7 (g) If there is a vacancy on the board, the governing body
167-8 of the entity that appointed the director who vacated the office
167-9 shall appoint a director to serve the remainder of the term.
167-10 (h) Directors are not entitled to receive compensation for
167-11 serving as a director but may be reimbursed for actual, reasonable
167-12 expenses incurred in the discharge of official duties.
167-13 (i) A quorum exists when at least two-thirds of the board
167-14 members are present. A majority vote of a quorum is required for
167-15 board action. If there is a tie vote, the proposed action fails.
167-16 SECTION 3.1410. APPOINTMENT OF DIRECTORS. (a) The Milam
167-17 County Commissioners Court shall appoint five directors, of whom:
167-18 (1) one must represent municipal interests in the
167-19 county;
167-20 (2) one must represent agricultural interests in the
167-21 county;
167-22 (3) one must represent rural water suppliers'
167-23 interests in the county;
167-24 (4) one must represent industrial interests in the
167-25 county; and
167-26 (5) one must represent the interests of the county at
168-1 large.
168-2 (b) The Burleson County Commissioners Court shall appoint
168-3 five directors, of whom:
168-4 (1) one must represent municipal interests in the
168-5 county;
168-6 (2) one must represent agricultural interests in the
168-7 county;
168-8 (3) one must represent rural water suppliers'
168-9 interests in the county;
168-10 (4) one must represent industrial interests in the
168-11 county; and
168-12 (5) one must represent the interests of the county at
168-13 large.
168-14 (c) Each of the governing bodies authorized by this section
168-15 to make an appointment shall appoint the appropriate number of
168-16 initial directors as soon as practicable following the effective
168-17 date of this Act, but not later than the 45th day after the
168-18 effective date of this Act.
168-19 (d) The initial directors shall draw lots to determine their
168-20 terms. Two initial directors from Milam County and two initial
168-21 directors from Burleson County serve terms that expire on January 1
168-22 of the second year following the confirmation of the district at an
168-23 election held under Section 3.1412 of this part. The remaining six
168-24 initial directors serve terms that expire on January 1 of the
168-25 fourth year following the confirmation of the district. On January
168-26 1 of the second year following confirmation of the district and
169-1 every two years after that date, the appropriate commissioners
169-2 court shall appoint the appropriate number of permanent directors.
169-3 SECTION 3.1411. ORGANIZATIONAL MEETING. As soon as
169-4 practicable after all the initial directors have been appointed and
169-5 have qualified as provided in this part, a majority of the
169-6 directors shall convene the organizational meeting of the district
169-7 at a location within the district agreeable to a majority of the
169-8 directors. If no location can be agreed on, the organizational
169-9 meeting of the directors shall be at the Milam County Courthouse.
169-10 SECTION 3.1412. CONFIRMATION ELECTION. (a) The initial
169-11 board of directors shall call and hold an election on the same date
169-12 in each county within the district to confirm the creation of the
169-13 district.
169-14 (b) Except as provided by this section, a confirmation
169-15 election must be conducted as provided by Sections 36.017, 36.018,
169-16 and 36.019, Water Code, and Section 41.001, Election Code.
169-17 (c) If the majority of qualified voters in a county who vote
169-18 in the election vote to confirm the creation of the district, that
169-19 county is included in the district.
169-20 (d) The district is dissolved and this part expires on
169-21 August 31, 2003, unless the voters confirm the creation of the
169-22 district before that date.
169-23 PART 15. MID-EAST TEXAS GROUNDWATER CONSERVATION DISTRICT
169-24 SECTION 3.1501. CREATION. (a) A groundwater conservation
169-25 district, to be known as the Mid-East Texas Groundwater
169-26 Conservation District, is created in Leon, Madison, and Freestone
170-1 counties, subject to approval at a confirmation election under
170-2 Section 3.1512 of this part. The district is a governmental agency
170-3 and a body politic and corporate.
170-4 (b) The district is created under and is essential to
170-5 accomplish the purposes of Section 59, Article XVI, Texas
170-6 Constitution.
170-7 SECTION 3.1502. DEFINITION. In this part, "district" means
170-8 the Mid-East Texas Groundwater Conservation District.
170-9 SECTION 3.1503. BOUNDARIES. The boundaries of the district
170-10 are coextensive with the boundaries of Leon, Madison, and Freestone
170-11 counties.
170-12 SECTION 3.1504. FINDING OF BENEFIT. All of the land and
170-13 other property included within the boundaries of the district will
170-14 be benefited by the works and projects that are to be accomplished
170-15 by the district under powers conferred by Section 59, Article XVI,
170-16 Texas Constitution. The district is created to serve a public use
170-17 and benefit.
170-18 SECTION 3.1505. GENERAL POWERS. (a) Except as otherwise
170-19 provided by this part, the district has all of the rights, powers,
170-20 privileges, authority, functions, and duties provided by the
170-21 general law of this state, including Chapter 36, Water Code,
170-22 applicable to groundwater conservation districts created under
170-23 Section 59, Article XVI, Texas Constitution. This part prevails
170-24 over any provision of general law that is in conflict or
170-25 inconsistent with this part, including any provision of Chapter 36,
170-26 Water Code.
171-1 (b) The district does not have the authority granted by the
171-2 following provisions of Chapter 36, Water Code:
171-3 (1) Section 36.105, relating to eminent domain; and
171-4 (2) Sections 36.020 and 36.201-36.204, relating to
171-5 taxes.
171-6 SECTION 3.1506. FEES. (a) The board of directors of the
171-7 district by rule may impose reasonable fees on each well for which
171-8 a permit is issued by the district and which is not exempt from
171-9 regulation by the district. A fee may be based on the size of
171-10 column pipe used by the well or on the actual, authorized, or
171-11 anticipated amount of water to be withdrawn from the well.
171-12 (b) Fees may not exceed:
171-13 (1) one dollar per acre-foot for water used for
171-14 irrigating agricultural crops; or
171-15 (2) 17 cents per thousand gallons for water used for
171-16 any other purpose.
171-17 (c) In addition to the fee authorized under Subsection (b)
171-18 of this section, the district may impose a reasonable fee or
171-19 surcharge for an export fee using one of the following methods:
171-20 (1) a fee negotiated between the district and the
171-21 transporter; or
171-22 (2) a combined production and export fee not to exceed
171-23 17 cents per thousand gallons for water used.
171-24 SECTION 3.1507. GROUNDWATER WELLS UNDER JURISDICTION OF
171-25 RAILROAD COMMISSION. (a) Groundwater wells drilled or operated
171-26 within the district under permits issued by the Railroad Commission
172-1 of Texas are under the exclusive jurisdiction of the railroad
172-2 commission and are exempt from regulation by the district.
172-3 (b) Groundwater produced in an amount authorized by a
172-4 Railroad Commission of Texas permit may be used within or exported
172-5 from the district without obtaining a permit from the district.
172-6 (c) To the extent groundwater production exceeds Railroad
172-7 Commission of Texas authorization, the holder of the railroad
172-8 commission permit must apply to the district for appropriate
172-9 permits for the excess production and is subject to the applicable
172-10 regulatory fees.
172-11 (d) Groundwater produced from wells under the jurisdiction
172-12 of the Railroad Commission of Texas is generally exempt from water
172-13 district fees. However, the district may impose either a pumping
172-14 fee or an export fee on groundwater produced from an otherwise
172-15 exempt mine well that is used for municipal purposes or by a public
172-16 utility. Any fee imposed by the district under this subsection may
172-17 not exceed the fee imposed on other groundwater producers in the
172-18 district.
172-19 SECTION 3.1508. REGIONAL COOPERATION. (a) To provide for
172-20 regional continuity, the district shall:
172-21 (1) participate in a regular annual coordination
172-22 meeting with other groundwater districts in its designated
172-23 management area and may hold coordination meetings at other times
172-24 as needed;
172-25 (2) coordinate the collection of data with other
172-26 groundwater districts in its designated management area in such a
173-1 way as to achieve relative uniformity of data type and quality;
173-2 (3) coordinate efforts to monitor water quality with
173-3 other groundwater districts in its designated management area,
173-4 local governments, and state agencies;
173-5 (4) provide groundwater level data to other
173-6 groundwater districts in its designated management area;
173-7 (5) investigate any groundwater and aquifer pollution
173-8 with the intention of locating its source;
173-9 (6) notify other groundwater districts in its
173-10 designated management area and all appropriate agencies of any
173-11 detected groundwater pollution;
173-12 (7) annually provide to other groundwater districts in
173-13 its designated management area an inventory of water wells and an
173-14 estimate of groundwater production within the district; and
173-15 (8) include other groundwater districts in its
173-16 designated management area on the mailing lists for district
173-17 newsletters, seminars, public education events, news articles, and
173-18 field days.
173-19 (b) The district shall prepare a comprehensive management
173-20 plan as required by Section 36.1071, Water Code, covering that
173-21 district's respective territory. On completion and certification
173-22 of the plan as required by Section 36.1072, Water Code, the
173-23 district shall forward a copy of the new or revised management plan
173-24 to the other districts in its designated management area. The
173-25 district shall consider the management plans individually and shall
173-26 compare them to other management plans in the designated management
174-1 area.
174-2 (1) The district shall, by resolution, call for joint
174-3 planning with the other districts in the designated management area
174-4 to review and coordinate the management plans and accomplishments
174-5 for the designated management area. In reviewing and coordinating
174-6 the management plans, the boards shall consider:
174-7 (A) the goals of each management plan and its
174-8 impact on planning throughout the management area;
174-9 (B) the groundwater management standards of each
174-10 district describing the desired condition of the groundwater source
174-11 over time as indicated by indices of quantity of water in the
174-12 source, quality of water produced from the source, springflows, or
174-13 subsidence of the land surface;
174-14 (C) the groundwater withdrawal rates adopted by
174-15 each district and the effectiveness of those rates in achieving the
174-16 groundwater management standard of the district;
174-17 (D) the effectiveness of the measures
174-18 established by each management plan for conserving and protecting
174-19 groundwater and preventing waste, and the effectiveness of these
174-20 measures in the management area generally; and
174-21 (E) any other matters that the boards consider
174-22 relevant to the protection and conservation of groundwater and the
174-23 prevention of waste in the management area.
174-24 (2) In the management plan the district may establish
174-25 and coordinate with the other districts within the designated
174-26 management area an annual total groundwater withdrawal limit and
175-1 equitable allocation as determined from an evaluation of the
175-2 overall scientific data of the groundwater resources in the region,
175-3 including the Texas Water Development Board's groundwater
175-4 availability model. The determination of sustainable groundwater
175-5 withdrawal shall be reviewed at least every five years.
175-6 (3) Each district participating in the joint planning
175-7 process initiated under this subsection shall ensure that the
175-8 groundwater management standards adopted by the district are
175-9 adequate to protect the groundwater within the area of each
175-10 district and are not incompatible with the groundwater management
175-11 standards adopted by the other districts in the management area.
175-12 (4) If a joint meeting of the boards of directors is
175-13 called, the meeting must be held in accordance with Chapter 551,
175-14 Government Code. Notice of the meeting shall be given in
175-15 accordance with the requirements for notice of district board of
175-16 directors meetings under that chapter. In addition, notice of the
175-17 meeting shall be published not later than the 30th day before the
175-18 date of the scheduled meeting in a newspaper with general
175-19 circulation in each county in the management area.
175-20 (5) A district in the management area may file with
175-21 good cause a petition with the Texas Natural Resource Conservation
175-22 Commission requesting an inquiry if the petitioner district adopted
175-23 a resolution calling for joint planning and the other district or
175-24 districts refused to join in the planning process or the process
175-25 failed to result in adequate planning, and the petition provides
175-26 evidence that:
176-1 (A) another district in the management area has
176-2 failed to adopt rules;
176-3 (B) the groundwater in the management area is
176-4 not adequately protected by the rules adopted by another district;
176-5 or
176-6 (C) the groundwater in the management area is
176-7 not adequately protected due to the failure of another district to
176-8 enforce substantial compliance with its rules.
176-9 (6) The district may contract to jointly conduct
176-10 studies or research, or to construct projects, under terms and
176-11 conditions that the districts consider beneficial with districts
176-12 located within the same management area or in adjacent management
176-13 areas. These joint efforts may include studies of groundwater
176-14 availability and quality, aquifer modeling, and the interaction of
176-15 groundwater and surface water; educational programs; the purchase
176-16 and sharing of equipment; and the implementation of projects to
176-17 make groundwater available, including aquifer recharge, brush
176-18 control, weather modification, desalination, regionalization, and
176-19 treatment or conveyance facilities. The districts may contract
176-20 under their existing authorizations including those of Chapter 791,
176-21 Government Code, if their contracting authority is not limited by
176-22 Sections 791.011(c)(2) and (d)(3) and Section 791.014, Government
176-23 Code.
176-24 (c) The district shall determine biennially, using the
176-25 overall available scientific data of groundwater resources in the
176-26 Central Carrizo-Wilcox area, whether pumping within the district or
177-1 an adjacent district is unreasonably affecting groundwater wells.
177-2 The district, in agreement with other districts within the
177-3 designated management area, may adopt mitigation measures in
177-4 response to such unreasonable adverse effects only if the measures
177-5 are based on a scientific determination made.
177-6 (d) The district may assist in the mediation between
177-7 landowners regarding the mitigation of the loss of existing
177-8 groundwater supply of exempt domestic and livestock users due to
177-9 the groundwater pumping of others in adjoining districts.
177-10 SECTION 3.1509. BOARD OF DIRECTORS. (a) The district is
177-11 governed by a board of nine directors.
177-12 (b) Initial directors serve until permanent directors are
177-13 appointed under Section 3.1510 of this part and qualified as
177-14 required by Subsection (d) of this section.
177-15 (c) Permanent directors serve four-year staggered terms.
177-16 (d) Each director must qualify to serve as a director in the
177-17 manner provided by Section 36.055, Water Code.
177-18 (e) A director serves until the director's successor has
177-19 qualified.
177-20 (f) A director may serve consecutive terms.
177-21 (g) If there is a vacancy on the board, the governing body
177-22 of the entity that appointed the director who vacated the office
177-23 shall appoint a director to serve the remainder of the term.
177-24 (h) Directors are not entitled to receive compensation for
177-25 serving as a director but may be reimbursed for actual, reasonable
177-26 expenses incurred in the discharge of official duties.
178-1 (i) A majority vote of a quorum is required for board
178-2 action. If there is a tie vote, the proposed action fails.
178-3 SECTION 3.1510. APPOINTMENT OF DIRECTORS. (a) The Leon
178-4 County Commissioners Court shall appoint three directors, of whom:
178-5 (1) one must represent the interests of rural water
178-6 suppliers or municipalities in the county, or both;
178-7 (2) one must represent agricultural interests in the
178-8 county; and
178-9 (3) one must represent industrial interests in the
178-10 county.
178-11 (b) The Madison County Commissioners Court shall appoint
178-12 three directors, of whom:
178-13 (1) one must represent the interests of rural water
178-14 suppliers or municipalities in the county, or both;
178-15 (2) one must represent agricultural interests in the
178-16 county; and
178-17 (3) one must represent industrial interests in the
178-18 county.
178-19 (c) The Freestone County Commissioners Court shall appoint
178-20 three directors, of whom:
178-21 (1) one must represent the interests of rural water
178-22 suppliers or municipalities in the county, or both;
178-23 (2) one must represent agricultural interests in the
178-24 county; and
178-25 (3) one must represent industrial interests in the
178-26 county.
179-1 (d) Each of the governing bodies authorized by this section
179-2 to make an appointment shall appoint the appropriate number of
179-3 initial directors as soon as practicable following the effective
179-4 date of this Act, but not later than the 45th day after the
179-5 effective date of this Act.
179-6 (e) The initial directors shall draw lots to determine their
179-7 terms. A simple majority of the initial directors, if an odd
179-8 number of initial directors are appointed, or half the initial
179-9 directors, if an even number of initial directors are appointed,
179-10 serve terms that expire on January 1 of the fourth year following
179-11 the confirmation of the district at an election held under Section
179-12 3.1512 of this part. The remaining initial directors serve terms
179-13 that expire on January 1 of the second year following the
179-14 confirmation of the district. On January 1 of the second year
179-15 following confirmation of the district and every two years after
179-16 that date, the appropriate commissioners courts shall appoint the
179-17 appropriate number of permanent directors.
179-18 SECTION 3.1511. ORGANIZATIONAL MEETING. As soon as
179-19 practicable after all the initial directors have been appointed and
179-20 have qualified as provided by this part, a majority of the
179-21 directors shall convene the organizational meeting of the district
179-22 at a location within the district agreeable to a majority of the
179-23 directors. If no location can be agreed on, the organizational
179-24 meeting of the directors shall be at the Leon County Courthouse.
179-25 SECTION 3.1512. CONFIRMATION ELECTION. (a) The initial
179-26 board of directors shall call and hold an election on the same date
180-1 in each county within the district to confirm the creation of the
180-2 district.
180-3 (b) Except as provided by this section, a confirmation
180-4 election must be conducted as provided by Sections 36.017, 36.018,
180-5 and 36.019, Water Code, and Section 41.001, Election Code.
180-6 (c) If the majority of qualified voters in a county who vote
180-7 in the election vote to confirm the creation of the district, that
180-8 county is included in the district. If the majority of qualified
180-9 voters in a county who vote in the election vote not to confirm the
180-10 creation of the district, that county is excluded from the
180-11 district.
180-12 (d) The district is dissolved and this part expires on
180-13 August 31, 2003, unless the voters confirm the creation of the
180-14 district before that date.
180-15 PART 16. NORTHEAST TRAVIS COUNTY UTILITY DISTRICT
180-16 SECTION 3.1601. CREATION. (a) A conservation and
180-17 reclamation district, to be known as the Northeast Travis County
180-18 Utility District, is created in Travis County, subject to approval
180-19 at a confirmation election under Section 3.1611 of this part. The
180-20 district is a governmental agency and a body politic and corporate.
180-21 (b) The district is created under and is essential to
180-22 accomplish the purposes of Section 59, Article XVI, Texas
180-23 Constitution.
180-24 SECTION 3.1602. DEFINITION. In this part, "district" means
180-25 the Northeast Travis County Utility District.
180-26 SECTION 3.1603. BOUNDARIES. The district includes the
181-1 territory contained within the following areas:
181-2 Tract No. 1, approximately 146.50 acres of land out of the E.
181-3 Kirkland Survey No. 7, in Travis County, Texas, being all of that
181-4 certain tract conveyed to Kathleen Marie England and Jay Lawrence
181-5 Johnson by Deeds recorded in Volume 11403, Page 374, Volume 11618,
181-6 Page 104, Volume 11861, Page 120 and Volume 12118, Page 195, Real
181-7 Property Records of Travis County, Texas;
181-8 Tract No. 2, approximately 70.31 acres of land out of the E.
181-9 Kirkland Survey No. 7 in Travis County, Texas, being all of that
181-10 certain tract of land conveyed to Charles E. Baker, et ux, by Deed
181-11 recorded in Volume 7188, Page 1756, Deed Records of Travis County,
181-12 Texas;
181-13 Tract No. 3, approximately 104.34 acres of land out of the
181-14 G. M. Martin Survey No. 9, Abstract 529, Travis County, Texas,
181-15 being all of that certain tract called 103.984 acres conveyed to
181-16 Bernice Becker Zreet, Freida Becker Woodland, Edline Becker
181-17 McMains, Adolf Becker, Jr., Wilbert Becker and Edwin F. Zreet and
181-18 Bernice Zreet, Trustees of The Edwin F. and Bernice Zreet Trust
181-19 dated August 27, 1997, by Deeds recorded in Volume 10215, Page 610,
181-20 Volume 10537, Page 939, and Volume 13171, Page 102, Real Property
181-21 Records of Travis County, Texas, and all of that certain tract
181-22 called 0.356 of one acre conveyed by Muniment of Title recorded in
181-23 Document No. 71552 of the Travis County Probate Records;
181-24 Tract No. 4, approximately 103.266 acres of land out of the
181-25 George M. Martin Survey No. 9, Abstract 529, Travis County, Texas,
181-26 being all of that certain tract conveyed to Kermit Hees and wife,
182-1 Lydia Hees by Partition Deed recorded in Volume 11552, Page 475,
182-2 Real Property Records of Travis County, Texas, said 103.266 acre
182-3 tract being the remainder of that tract called 106-1/2 acres
182-4 conveyed to W. A. Randig by Deed recorded in Volume 498, Page 219,
182-5 SAVE AND EXCEPT, that portion deeded to Travis County, Texas for
182-6 highway purposes by Deed recorded in Volume 2268, Page 195, Deed
182-7 Records of Travis County, Texas;
182-8 Tract No. 5, approximately 177.301 acres of land out of the
182-9 G. M. Martin Survey in Travis County, Texas, being all of that
182-10 certain tract of land conveyed to Karolyn P. Graf and Robert L.
182-11 Pfluger, Trustees of the Lawrence and Willie Mae Pfluger Family
182-12 Trust by Deeds recorded in Volume 10431, Page 422, Volume 10555,
182-13 Page 214, and Volume 11091, Page 691, Real Property Records of
182-14 Travis County, Texas;
182-15 Tract No. 6, approximately 107.4 acres of land out of the
182-16 George M. Martin Survey, Abstract No. 9, and being all of that
182-17 certain tract of land conveyed to Robert L. Pfluger and Karolyn P.
182-18 Graf by Deed recorded in Volume 12947, Page 560 and to Robert L.
182-19 Pfluger, Trustee for Miranda Kimbro and Weston N. Kimbro and Wayne
182-20 Pfluger, Trustee for Jospeh L. Pfluger and Lydia Pfluger, by Deed
182-21 recorded in Volume 12947, Page 562, Real Property Records of Travis
182-22 County, Texas;
182-23 Tract No. 7, approximately 9.198 acres of land out of the
182-24 G. M. Martin Survey, Abstract No. 9, in Travis County, Texas, and
182-25 being all of that certain tract of land conveyed to Peggy Pfluger
182-26 and Robert L. Pfluger by Deed recorded in Volume 13049, Page 1353,
183-1 Real Property Records of Travis County, Texas.
183-2 SECTION 3.1604. FINDINGS RELATIVE TO BOUNDARIES. The
183-3 legislature finds that the boundaries and field notes of the
183-4 district form a closure. A mistake in the field notes or in
183-5 copying the field notes in the legislative process does not affect
183-6 the organization, existence, or validity of the district, the right
183-7 of the district to impose taxes, or the legality or operation of
183-8 the district or its governing body.
183-9 SECTION 3.1605. FINDING OF BENEFIT. All of the land and
183-10 other property included within the boundaries of the district will
183-11 be benefited by the works and projects that are to be accomplished
183-12 by the district under powers conferred by Section 59, Article XVI,
183-13 Texas Constitution. The district is created to serve a public use
183-14 and benefit.
183-15 SECTION 3.1606. GENERAL POWERS. (a) The district has all
183-16 of the rights, powers, privileges, authority, functions, and duties
183-17 provided by the general law of this state, including Chapters 30,
183-18 49, and 54, Water Code, applicable to municipal utility districts
183-19 created under Section 59, Article XVI, Texas Constitution.
183-20 (b) The rights, powers, privileges, authority, functions,
183-21 and duties of the district are subject to the continuing right of
183-22 supervision of the state to be exercised by and through the Texas
183-23 Natural Resource Conservation Commission.
183-24 SECTION 3.1607. DIVISION OF DISTRICT. (a) The district may
183-25 divide into two or more districts as provided by Sections
183-26 51.748-51.753, Water Code, and this section. The proposed district
184-1 may divide into two or more proposed districts before the
184-2 establishment of the district is confirmed at the confirmation
184-3 election held under Section 3.1611 of this part.
184-4 (b) A district created by division under this section may
184-5 divide into two or more districts after the establishment of the
184-6 district is confirmed at a confirmation election. A proposed
184-7 district created by division under this section may divide into two
184-8 or more proposed districts before the establishment of the district
184-9 is confirmed at a confirmation election.
184-10 (c) The district or any district resulting from a division
184-11 of the district may exercise powers under Chapters 49 and 54, Water
184-12 Code, to annex or exclude property after a confirmation election.
184-13 The temporary board of the proposed district or of any proposed
184-14 district resulting from a division of the proposed district may,
184-15 after a hearing, alter the proposed boundaries of the proposed
184-16 district before the temporary board orders a confirmation election.
184-17 (d) The order creating a district by division under this
184-18 section and Sections 51.748-51.753, Water Code, must give the
184-19 district an appropriate name that does not conflict with the name
184-20 of any other district. The provisions of Section 51.749(c), Water
184-21 Code, relating to naming a district, do not apply.
184-22 SECTION 3.1608. ANNEXATION BY MUNICIPALITY. (a) The
184-23 district is a water or sewer district as defined by Section 43.071,
184-24 Local Government Code, for purposes of that section.
184-25 (b) On annexation of the district by a municipality, the
184-26 district is dissolved and the municipality shall assume the powers,
185-1 authority, functions, duties, and outstanding bonded indebtedness
185-2 of the district.
185-3 (c) A municipality that annexes the district must provide
185-4 full municipal services, as defined by Section 43.056(c), Local
185-5 Government Code, in the district before the expiration of two and
185-6 one-half years after the effective date of the annexation, unless
185-7 certain services cannot reasonably be provided within that period
185-8 and the municipality proposes a schedule for providing those
185-9 services. If the municipality proposes a schedule to extend the
185-10 period for providing certain services, the schedule must provide
185-11 for the provision of full municipal services before the expiration
185-12 of four and one-half years after the effective date of the
185-13 annexation.
185-14 SECTION 3.1609. BOARD OF DIRECTORS. (a) The district is
185-15 governed by a board of five directors.
185-16 (b) Temporary directors serve until initial directors are
185-17 elected under Section 3.1611 of this part.
185-18 (c) Initial directors serve until permanent directors are
185-19 elected under Section 3.1612 of this part.
185-20 (d) Permanent directors serve staggered four-year terms.
185-21 (e) Each director must qualify to serve as a director in the
185-22 manner provided by Section 49.055, Water Code.
185-23 (f) A director serves until the director's successor has
185-24 qualified.
185-25 SECTION 3.1610. TEMPORARY DIRECTORS. (a) The temporary
185-26 board of directors consists of:
186-1 (1) Chris Fields;
186-2 (2) Nate Nickerson;
186-3 (3) Seth Spiker;
186-4 (4) John Pfluger; and
186-5 (5) Steven Thomas.
186-6 (b) The temporary directors are not required to own land or
186-7 reside in the district.
186-8 (c) The temporary directors shall take the oath of office
186-9 and execute bonds to qualify for holding their offices as soon as
186-10 possible after the effective date of this Act.
186-11 (d) If a temporary director fails to qualify for office, the
186-12 temporary directors who have qualified shall appoint a person to
186-13 fill the vacancy. If at any time there are fewer than three
186-14 qualified temporary directors, the Texas Natural Resource
186-15 Conservation Commission shall appoint the necessary number of
186-16 persons to fill all vacancies on the board.
186-17 SECTION 3.1611. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
186-18 (a) The temporary board of directors shall call and hold an
186-19 election to confirm establishment of the district and to elect five
186-20 initial directors as provided by Section 49.102, Water Code. The
186-21 board may submit to the voters propositions to authorize the
186-22 issuance of bonds, a maintenance tax, and a tax to make payments
186-23 under a contract.
186-24 (b) Section 41.001(a), Election Code, does not apply to an
186-25 election held under this section.
186-26 SECTION 3.1612. ELECTION OF DIRECTORS. (a) On the first
187-1 Saturday in May of the first even-numbered year after the year in
187-2 which the district is authorized to be created at a confirmation
187-3 election, a general election shall be held in the district for the
187-4 election of three directors to serve four-year terms and two
187-5 directors to serve two-year terms.
187-6 (b) On the first Saturday in May of each subsequent second
187-7 year following the election, the appropriate number of directors
187-8 shall be elected.
187-9 SECTION 3.1613. FINDINGS RELATING TO PROCEDURAL
187-10 REQUIREMENTS. (a) The proper and legal notice of the intention to
187-11 introduce this Act, setting forth the general substance of this
187-12 Act, has been published as provided by law, and the notice and a
187-13 copy of this Act have been furnished to all persons, agencies,
187-14 officials, or entities to which they are required to be furnished
187-15 by the constitution and other laws of this state, including the
187-16 governor, who has submitted the notice and Act to the Texas Natural
187-17 Resource Conservation Commission.
187-18 (b) The Texas Natural Resource Conservation Commission has
187-19 filed its recommendations relating to this Act with the governor,
187-20 lieutenant governor, and speaker of the house of representatives
187-21 within the required time.
187-22 (c) All requirements of the constitution and laws of this
187-23 state and the rules and procedures of the legislature with respect
187-24 to the notice, introduction, and passage of this Act are fulfilled
187-25 and accomplished.
187-26 SECTION 3.1614. EFFECTIVE DATE OF THIS PART. This part
188-1 takes effect immediately if this Act receives a vote of two-thirds
188-2 of all the members elected to each house, as provided by Section
188-3 39, Article III, Texas Constitution. If this Act does not receive
188-4 the vote necessary for immediate effect, this part takes effect
188-5 September 1, 2001.
188-6 ARTICLE 4. WATER INFRASTRUCTURE FINANCING
188-7 SECTION 4.01. Chapter 15, Water Code, is amended by adding
188-8 Subchapter O to read as follows:
188-9 SUBCHAPTER O. WATER INFRASTRUCTURE FUND
188-10 Sec. 15.901. DEFINITIONS. In this subchapter:
188-11 (1) "Eligible political subdivision" means:
188-12 (A) a municipality;
188-13 (B) a county;
188-14 (C) a river authority or special law district
188-15 that is listed in Section 9.010(b);
188-16 (D) a water improvement district;
188-17 (E) an irrigation district;
188-18 (F) a water control and improvement district;
188-19 and
188-20 (G) a groundwater district with a groundwater
188-21 management plan certified by the board under Section 36.1072.
188-22 (2) "Fund" means the water infrastructure fund.
188-23 (3) "Metropolitan statistical area" means an area so
188-24 designated by the United States Office of Management and Budget.
188-25 (4) "Political subdivision bonds" means bonds or other
188-26 obligations issued by a political subdivision to fund a project and
189-1 purchased by the board from money in the fund.
189-2 (5) "Project" means any undertaking or work, including
189-3 planning and design activities and work to obtain regulatory
189-4 authority, to conserve, mitigate, convey, and develop water
189-5 resources of the state, including any undertaking or work done
189-6 outside the state that the board determines will result in water
189-7 being available for use in or for the benefit of the state.
189-8 Sec. 15.902. FINDINGS. The legislature finds that:
189-9 (1) the creation of the fund and the administration of
189-10 the fund by the board will encourage the conservation and
189-11 development of the water resources of the state;
189-12 (2) the use of the fund is in furtherance of the
189-13 public purpose of conserving and developing the water resources of
189-14 the state; and
189-15 (3) the use of the fund for the purposes provided by
189-16 this subchapter is for the benefit of both the state and the
189-17 political subdivisions to which the board makes financial
189-18 assistance available in accordance with this subchapter and
189-19 constitutes a program under, and is in furtherance of the public
189-20 purposes set forth in, Section 52-a, Article III, Texas
189-21 Constitution.
189-22 Sec. 15.903. WATER INFRASTRUCTURE FUND. (a) The water
189-23 infrastructure fund is a special account in the general revenue
189-24 fund to be administered by the board under this subchapter and
189-25 rules adopted by the board under this subchapter. Money in the
189-26 fund may be used to pay for the implementation of water projects
190-1 recommended through the state and regional water planning processes
190-2 under Sections 16.051 and 16.053.
190-3 (b) The fund consists of:
190-4 (1) appropriations from the legislature;
190-5 (2) any other fees or sources of revenue that the
190-6 legislature may dedicate for deposit to the fund;
190-7 (3) repayments of loans made from the fund;
190-8 (4) interest earned on money credited to the fund;
190-9 (5) depository interest allocable to the fund in the
190-10 general revenue fund;
190-11 (6) money from gifts, grants, or donations to the
190-12 fund;
190-13 (7) money from revenue bonds or other sources
190-14 designated by the board; and
190-15 (8) proceeds from the sale of political subdivision
190-16 bonds or obligations held in the fund and not otherwise pledged to
190-17 the discharge, repayment, or redemption of revenue bonds or other
190-18 bonds, the proceeds of which were placed in the fund.
190-19 Sec. 15.904. USE OF WATER INFRASTRUCTURE FUND. (a) The
190-20 board may use the fund:
190-21 (1) to make loans to political subdivisions at or
190-22 below market interest rates for projects;
190-23 (2) to make grants, low-interest loans, or zero
190-24 interest loans to political subdivisions for projects to serve
190-25 areas outside metropolitan statistical areas in order to ensure
190-26 that the projects are implemented, or for projects to serve
191-1 economically distressed areas;
191-2 (3) to make loans at or below market interest rates
191-3 for planning and design costs, permitting costs, and other costs
191-4 associated with state or federal regulatory activities with respect
191-5 to a project;
191-6 (4) as a source of revenue or security for the payment
191-7 of principal and interest on bonds issued by the board if the
191-8 proceeds of the sale of the bonds will be deposited in the fund;
191-9 and
191-10 (5) to pay the necessary and reasonable expenses of
191-11 the board in administering the fund.
191-12 (b) Funding under Subsection (a)(2) or under Subsection
191-13 (a)(3) may not exceed 10 percent of the amount of financial
191-14 assistance budgeted by the board to be made available from the fund
191-15 in a fiscal year.
191-16 (c) Principal and interest payments on loans made under
191-17 Subsection (a)(3) may be deferred for a maximum of 10 years or
191-18 until construction of the project is completed, whichever is
191-19 earlier.
191-20 Sec. 15.905. APPROVAL OF APPLICATIONS. (a) On review and
191-21 recommendation by the executive administrator, the board by
191-22 resolution may approve an application if the board finds that:
191-23 (1) the application and the assistance applied for
191-24 meet the requirements of this subchapter and board rules;
191-25 (2) the revenue or taxes, or both the revenue and
191-26 taxes, pledged by the applicant will be sufficient to meet all the
192-1 obligations assumed by the political subdivision; and
192-2 (3) the project will meet water needs in a manner
192-3 consistent with the state and regional water plans as required by
192-4 Section 16.053(j), unless otherwise specified by an act of the
192-5 legislature.
192-6 (b) For an application under this subchapter, a program of
192-7 water conservation through a more effective use of water shall be
192-8 required in the same manner as for approval of an application for
192-9 financial assistance under Section 15.106.
192-10 (c) The board may deliver funds for the part of a loan or
192-11 grant for a project relating to surface water development, other
192-12 than for planning and design costs, permitting costs, and other
192-13 costs associated with federal and state regulatory activities with
192-14 respect to a project, only if the executive administrator makes a
192-15 written finding that the applicant:
192-16 (1) has the necessary water rights authorizing the
192-17 applicant to appropriate and use the water that the project will
192-18 provide, if the applicant is proposing surface water development;
192-19 or
192-20 (2) has the right to use water that the project will
192-21 provide, if the applicant is proposing groundwater development.
192-22 Sec. 15.906. APPLICABLE LAW. Subchapter E, Chapter 17,
192-23 applies to financial assistance made available from the fund,
192-24 except that the board may also execute contracts as necessary to
192-25 evidence grant agreements.
192-26 Sec. 15.907. RULES. The board shall adopt rules necessary
193-1 to carry out this subchapter, including rules establishing
193-2 procedures for application for and for the award of financial
193-3 assistance, for the investment of funds, and for the administration
193-4 of the fund.
193-5 Sec. 15.908. SALE OF POLITICAL SUBDIVISION BONDS. (a) The
193-6 board may sell or dispose of political subdivision bonds at the
193-7 price and under the terms that the board determines to be
193-8 reasonable.
193-9 (b) The board may sell political subdivision bonds without
193-10 making a previous offer to the political subdivision that issued
193-11 the bonds and without advertising, soliciting, or receiving bids
193-12 for sale.
193-13 (c) Notwithstanding other provisions of this chapter, the
193-14 board may sell to the Texas Water Resources Finance Authority any
193-15 political subdivision bonds purchased with money in the fund and
193-16 may apply the proceeds of a sale in the manner provided by this
193-17 section.
193-18 (d) Proceeds from the sale of political subdivision bonds
193-19 under this section shall be deposited in the fund for use as
193-20 provided by Section 15.904.
193-21 (e) As part of a sales agreement with the Texas Water
193-22 Resources Finance Authority, the board by contract may agree to
193-23 perform the functions required to ensure that the political
193-24 subdivision pays the debt service on political subdivision bonds
193-25 sold and observes the conditions and requirements stated in those
193-26 bonds.
194-1 (f) The board may exercise any powers necessary to carry out
194-2 the authority granted by this section, including the authority to
194-3 contract with any person to accomplish the purposes of this
194-4 section.
194-5 Sec. 15.909. FUNDING FOR LOCAL ECONOMIC DEVELOPMENT.
194-6 (a) The board may use the fund to provide financial assistance to
194-7 an eligible political subdivision to enable the political
194-8 subdivision to fund loans and grants for projects that conserve and
194-9 develop the water resources of the political subdivision for the
194-10 ultimate benefit of the public, and that develop and diversify its
194-11 local economy, consistent with the terms and conditions set forth
194-12 in a program adopted by the governing body of the political
194-13 subdivision under authority granted by Section 15.910.
194-14 (b) The board may not purchase political subdivision bonds
194-15 issued for the purposes described by Subsection (a) that are
194-16 secured in whole or in part by a pledge of ad valorem taxes unless
194-17 the political subdivision submits evidence satisfactory to the
194-18 board that the issuance of the bonds has been approved by the
194-19 citizens of the political subdivision voting at an election held
194-20 for the purposes described in Section 15.910.
194-21 Sec. 15.910. AUTHORITY TO ESTABLISH ECONOMIC DEVELOPMENT
194-22 PROGRAMS. (a) An eligible political subdivision may establish
194-23 economic development programs and make loans and grants of public
194-24 funds to assist in providing projects within the political
194-25 subdivision that conserve and develop the water resources of the
194-26 political subdivision for the ultimate benefit of the public. The
195-1 authority granted to a political subdivision to make loans and
195-2 grants in accordance with this section constitutes a program in
195-3 furtherance of the public purposes provided by Section 52-a,
195-4 Article III, Texas Constitution.
195-5 (b) Financial assistance received from the fund may be used
195-6 by an eligible political subdivision to make loans or grants to
195-7 persons for projects that the political subdivision finds will
195-8 conserve and develop the water resources of the political
195-9 subdivision for the ultimate benefit of the public and assist in
195-10 diversifying and developing the economy of the political
195-11 subdivision and the state.
195-12 (c) In exercising the authority granted by this section, the
195-13 governing body of an eligible political subdivision may determine
195-14 the terms and conditions governing the loan or grant of money and
195-15 determine whether to approve an agreement with a person who
195-16 receives a loan or grant.
195-17 Sec. 15.911. An eligible political subdivision may not sell
195-18 or incur obligations to fund an economic development program
195-19 established under authority granted by Section 15.910 that are
195-20 payable in whole or in part from ad valorem taxes unless the
195-21 residents of the political subdivision, voting at an election held
195-22 for the purpose, approve the issuance of obligations to fund an
195-23 economic development program for the provision of loans or grants
195-24 to persons to construct projects that will conserve and develop the
195-25 water resources of the political subdivision for the ultimate
195-26 benefit of the public and assist in developing and diversifying the
196-1 local economy.
196-2 SECTION 4.02. Chapter 15, Water Code, is amended by adding
196-3 Subchapter P to read as follows:
196-4 SUBCHAPTER P. RURAL WATER ASSISTANCE FUND
196-5 Sec. 15.951. PURPOSE. The legislature finds that the rural
196-6 areas of the state, characterized by small populations extended
196-7 over disproportionately large service areas, require a means of
196-8 financing water projects in addition to those established by other
196-9 provisions of this chapter.
196-10 Sec. 15.952. DEFINITIONS. In this subchapter:
196-11 (1) "District" means a conservation or reclamation
196-12 district created under Section 52, Article III, or Section 59,
196-13 Article XVI, Texas Constitution.
196-14 (2) "Federal agency" means an agency or other entity
196-15 of the United States Department of Agriculture or an agency or
196-16 entity that is acting through or on behalf of that department.
196-17 (3) "Fund" means the rural water assistance fund.
196-18 (4) "Rural political subdivision" means:
196-19 (A) a nonprofit water supply or sewer service
196-20 corporation, district, or municipality with a service area of
196-21 10,000 or less in population or that otherwise qualifies for
196-22 financing from a federal agency; or
196-23 (B) a county in which no urban area exceeds
196-24 50,000 in population.
196-25 (5) "State agency" means an agency or other entity of
196-26 the state, including the Department of Agriculture and the Texas
197-1 Department of Housing and Community Affairs and any agency or
197-2 authority that is acting through or on behalf of the Department of
197-3 Agriculture or the Texas Department of Housing and Community
197-4 Affairs.
197-5 Sec. 15.953. FUND. The rural water assistance fund is a
197-6 special account in the general revenue fund. The fund consists of:
197-7 (1) money directly appropriated to the board;
197-8 (2) repayment of principal and interest from loans
197-9 made from the fund not otherwise needed as a source of revenue
197-10 pursuant to Section 17.9615(b);
197-11 (3) money transferred by the board from any sources
197-12 available; and
197-13 (4) interest earned on the investment of money in the
197-14 fund and depository interest allocable to the fund in the general
197-15 revenue fund.
197-16 Sec. 15.954. USE OF FUND. (a) The fund may be used to
197-17 provide low-interest loans to rural political subdivisions for
197-18 water or water-related projects, including the purchase of well
197-19 fields, the purchase or lease of rights to produce groundwater, and
197-20 interim financing of construction projects.
197-21 (b) The fund may be used to enable a rural political
197-22 subdivision to obtain water supplied by larger political
197-23 subdivisions or to finance the consolidation or regionalizing of
197-24 neighboring political subdivisions, or both.
197-25 (c) The fund may be used to finance an outreach and
197-26 technical assistance program to assist rural political subdivisions
198-1 in obtaining assistance through the fund. The board may use money
198-2 in the fund to contract for such outreach and technical assistance.
198-3 (d) The fund may be used to buy down interest rates on
198-4 loans.
198-5 (e) A rural political subdivision may enter into an
198-6 agreement with a federal agency or a state agency to submit a joint
198-7 application for financial assistance under this subchapter.
198-8 (f) A nonprofit water supply or sewer service corporation is
198-9 exempt from payment of any sales tax that may be incurred under
198-10 other law or ordinance for any project financed by the fund.
198-11 (g) The fund may be used as a source of revenue for the
198-12 payment of principal and interest on water financial assistance
198-13 bonds issued by the board if the proceeds of the sale of these
198-14 bonds will be deposited into the rural water assistance fund.
198-15 Sec. 15.955. FINANCIAL ASSISTANCE. (a) The board shall
198-16 adopt rules necessary to administer this subchapter, including
198-17 rules establishing procedures for the application for and award of
198-18 loans, the distribution of loans, the investment of funds, and the
198-19 administration of loans and the fund.
198-20 (b) The board may not release from the fund money for the
198-21 construction phase of parts of projects proposing surface water or
198-22 groundwater development until the executive administrator makes a
198-23 written finding that a rural political subdivision:
198-24 (1) has the necessary water right authorizing it to
198-25 appropriate and use the water that the project will provide, if the
198-26 rural political subdivision is proposing surface water development;
199-1 or
199-2 (2) has the right to use water that the project will
199-3 provide, if the rural political subdivision is proposing
199-4 groundwater development.
199-5 (c) In passing on an application from a rural political
199-6 subdivision for financial assistance, the board shall consider:
199-7 (1) the needs of the area to be served by the project,
199-8 the benefit of the project to the area, the relationship of the
199-9 project to the overall state water needs, and the relationship of
199-10 the project to the state water plan; and
199-11 (2) the availability of revenue to the rural political
199-12 subdivision from all sources for the ultimate repayment of the cost
199-13 of the water supply project, including all interest.
199-14 (d) The board by resolution may approve an application if,
199-15 after considering the factors listed in Subsection (c) and other
199-16 relevant factors, the board finds that:
199-17 (1) the public interest is served by state assistance
199-18 for the project; and
199-19 (2) the revenue or taxes pledged by the rural
199-20 political subdivision will be sufficient to meet all the
199-21 obligations assumed by the rural political subdivision during the
199-22 succeeding period of not more than 50 years.
199-23 (e) A program of water conservation for the more efficient
199-24 use of water shall be required in the same manner as is required
199-25 for approval of an application for financial assistance under
199-26 Section 15.106.
200-1 (f) Sections 17.183-17.187 apply to the construction of
200-2 projects funded pursuant to this subchapter.
200-3 SECTION 4.03. Subsection (j), Section 5.235, Water Code, is
200-4 amended to read as follows:
200-5 (j) The fee for other uses of water not specifically named
200-6 in this section is $1 per acre-foot, except that no political
200-7 subdivision may be required to pay fees to use water for recharge
200-8 of underground freshwater-bearing sands and aquifers or for
200-9 abatement of natural pollution. This fee is waived for
200-10 applications for instream-use water rights deposited into the Texas
200-11 Water Trust.
200-12 SECTION 4.04. Section 15.001, Water Code, is amended by
200-13 adding Subdivision (12) to read as follows:
200-14 (12) "Regionalization" means development of a water
200-15 supply or wastewater collection and treatment system that
200-16 incorporates multiple service areas into an areawide service
200-17 facility or any such system that serves an area that includes more
200-18 than a single county, city, special district, or other political
200-19 subdivision of the state.
200-20 SECTION 4.05. Subsection (a), Section 15.002, Water Code, is
200-21 amended to read as follows:
200-22 (a) The legislature finds that it is in the public interest
200-23 and to the benefit of the general public of the state to encourage
200-24 and to assist in the planning and construction of projects to
200-25 develop and conserve the storm water and floodwater as well as the
200-26 ordinary flows of the rivers and streams of the state, to maintain
201-1 and enhance the quality of the water of the state, to provide
201-2 protection to the state's citizens from the floodwater of the
201-3 rivers and streams of the state, to provide drainage, subsidence
201-4 control, public beach nourishment, recharge, chloride control,
201-5 brush control, weather modification, regionalization, and
201-6 desalination [desalinization], to provide for the management of
201-7 aquatic vegetation, and other purposes as provided by law or board
201-8 rule.
201-9 SECTION 4.06. Subsection (b), Section 15.011, Water Code, is
201-10 amended to read as follows:
201-11 (b) After notice and hearing and subject to any limitations
201-12 established by the General Appropriations Act, the board may
201-13 transfer money from the fund to the loan fund created under
201-14 Subchapter C [of this chapter], the storage acquisition fund
201-15 created under Subchapter E [of this chapter], the research and
201-16 planning fund created under Subchapter F [of this chapter], the
201-17 hydrographic survey account created under Subchapter M [of this
201-18 chapter], provided the hydrographic survey account transfer does
201-19 not exceed $425,000, [and] the aquatic vegetation management fund
201-20 created under Subchapter N, and the rural water assistance fund
201-21 created under Subchapter P [of this chapter].
201-22 SECTION 4.07. Subsections (a) and (b), Section 15.102, Water
201-23 Code, are amended to read as follows:
201-24 (a) The loan fund may be used by the board to provide loans
201-25 of financial assistance to political subdivisions, federal
201-26 agencies, or both political subdivisions and federal agencies
202-1 acting jointly for the construction, acquisition, improvement, or
202-2 enlargement of projects involving water conservation, water
202-3 development, or water quality enhancement, providing nonstructural
202-4 and structural flood control, or drainage, project recreation lands
202-5 and revenue-generating recreational improvements within any
202-6 watershed, or providing recharge, chloride control, subsidence
202-7 control, brush control, weather modification, regionalization, or
202-8 desalination [desalinization] as provided by legislative
202-9 appropriations, this chapter, and the board rules.
202-10 (b) The loan fund may also be used by the board to provide
202-11 grants for:
202-12 (1) projects that include supplying water and
202-13 wastewater services in economically distressed areas, including
202-14 projects involving retail distribution of those services; and
202-15 (2) desalination, brush control, weather modification,
202-16 regionalization, and projects providing regional water quality
202-17 enhancement services as defined by board rule, including regional
202-18 conveyance systems.
202-19 SECTION 4.08. Section 15.105, Water Code, is amended to read
202-20 as follows:
202-21 Sec. 15.105. CONSIDERATIONS IN PASSING ON APPLICATION.
202-22 (a) In passing on an application for financial assistance from the
202-23 loan fund, the board shall consider but is not limited to:
202-24 (1) the needs of the area to be served by the project
202-25 and the benefit of the project to the area in relation to the needs
202-26 of other areas requiring state assistance in any manner and the
203-1 benefits of those projects to the other areas;
203-2 (2) the availability of revenue to the applicant from
203-3 all sources for the ultimate repayment of the cost of the project,
203-4 including all interest;
203-5 (3) the relationship of the project to overall
203-6 statewide needs;
203-7 (4) the ability of the applicant to finance the
203-8 project without state assistance; [and]
203-9 (5) for applications for grants for economically
203-10 distressed areas, the regulatory efforts by the county in which the
203-11 project is located to control the construction of subdivisions that
203-12 lack basic utility services; and
203-13 (6) for applications for grants under Section
203-14 15.102(b)(2), the ability of the applicant to construct the project
203-15 without the grant and the benefits of the project to water and
203-16 wastewater needs of the state.
203-17 (b) The board by rule shall further define eligibility for
203-18 grants under this subchapter.
203-19 SECTION 4.09. Subsection (a), Section 15.106, Water Code, is
203-20 amended to read as follows:
203-21 (a) The board, by resolution, may approve an application for
203-22 financial assistance [a loan] if after considering the factors
203-23 listed in Section 15.105 of this code and any other relevant
203-24 factors, the board finds:
203-25 (1) that the public interest requires state
203-26 participation in the project; and
204-1 (2) that in its opinion the revenue or taxes pledged
204-2 by the political subdivision will be sufficient to meet all the
204-3 obligations assumed by the political subdivision.
204-4 SECTION 4.10. Section 15.107, Water Code, is amended to read
204-5 as follows:
204-6 Sec. 15.107. METHOD OF MAKING [LOANS OF] FINANCIAL
204-7 ASSISTANCE AVAILABLE. (a) The board may make financial assistance
204-8 available to successful applicants in any manner that it considers
204-9 economically feasible including:
204-10 (1) contracts or agreements with a political
204-11 subdivision for the payment of the principal of or interest on or
204-12 both the principal of and interest on bonds or other obligations
204-13 issued or to be issued by the political subdivision;
204-14 (2) contracts or agreements with a political
204-15 subdivision for the purpose of providing the political
204-16 subdivision's share of any cost-sharing required as a participant
204-17 in or local sponsor of any federal project; [or]
204-18 (3) purchase of the bonds or other obligations of a
204-19 political subdivision for the purpose of completely or partially
204-20 financing the project for which the application is being submitted;
204-21 or
204-22 (4) contracts or agreements for the receipt of funds
204-23 and performance of obligations in relation to any grant of funds
204-24 provided by the board.
204-25 (b) Contracts or agreements entered into under Subdivision
204-26 (1) of Subsection (a) of this section may cover all or any part of
205-1 the debt service requirements in a given year and may cover debt
205-2 service requirements in as many years of an issue as the board
205-3 considers appropriate.
205-4 (c) In a determination on a loan for financial assistance,
205-5 the board may approve interest deferral or the capitalization of
205-6 interest costs and may approve periods of repayment for the loans
205-7 of up to 50 years.
205-8 SECTION 4.11. Section 15.434, Water Code, is amended to read
205-9 as follows:
205-10 Sec. 15.434. USE OF MONEY IN FUND. Money deposited to the
205-11 credit of the agricultural soil and water conservation fund, on
205-12 appropriation by the legislature to the board, the Department of
205-13 Agriculture, the State Soil and Water Conservation Board, the Texas
205-14 Agricultural Experiment Station, the Texas Agricultural Extension
205-15 Service, public colleges and universities, and other state agencies
205-16 shall be used for the following purposes:
205-17 (1) agricultural water conservation technical
205-18 assistance programs;
205-19 (2) agricultural water conservation, education, and
205-20 demonstration programs;
205-21 (3) purchase of equipment, including demonstration and
205-22 educational equipment;
205-23 (4) grants made to groundwater [underground water]
205-24 conservation districts and political subdivisions for the purchase
205-25 of equipment under programs established by Subchapter H of this
205-26 chapter;
206-1 (5) research in water utilization and conservation
206-2 including artificial recharge and secondary recovery of groundwater
206-3 [underground water];
206-4 (6) desalination [desalinization];
206-5 (7) weather modification;
206-6 (8) technical assistance programs for developing
206-7 on-farm soil and water conservation plans developed jointly by
206-8 landowners and operators and local soil and water conservation
206-9 districts, as provided by Subchapter H, Chapter 201, Agriculture
206-10 Code;
206-11 (9) research and demonstration relating to the
206-12 production of native and low-water-use plants and water-efficient
206-13 crops;
206-14 (10) a pilot program for low-interest loans for the
206-15 purchase of agricultural water conservation systems established by
206-16 Subchapter I of this chapter; [and]
206-17 (11) research, demonstration, and education relating
206-18 to brush control; and
206-19 (12) regionalization designed to promote agricultural
206-20 water conservation.
206-21 SECTION 4.12. Section 15.471, Water Code, is amended to read
206-22 as follows:
206-23 Sec. 15.471. GRANTS; PURPOSES. The board may make grants of
206-24 money to groundwater [underground water] conservation districts, to
206-25 political subdivisions, and to other districts created under
206-26 Article III, Sections 52(b)(1) and (2), or Article XVI, Section 59,
207-1 of the Texas Constitution for purchasing equipment required for:
207-2 (1) measurement and evaluation of irrigation systems
207-3 and agricultural water conservation practices on irrigated land,
207-4 dryland, and rangeland;
207-5 (2) demonstration of efficient irrigation systems and
207-6 agricultural water conservation practices on irrigated land,
207-7 dryland, and rangeland;
207-8 (3) testing and evaluation of water quality and the
207-9 suitability of water from groundwater or surface water resources
207-10 for irrigation, rural domestic use, livestock, or agricultural
207-11 industry use;
207-12 (4) demonstration of efficient or sound chemical
207-13 application and evaluation or demonstration of systems which will
207-14 prevent contamination of groundwater and surface water from
207-15 chemicals and other substances used in agriculture; or
207-16 (5) measurement and data collection related to the
207-17 conservation of groundwater resources.
207-18 SECTION 4.13. Section 15.602, Water Code, is amended by
207-19 adding a new Subdivision (8) and redesignating existing
207-20 Subdivisions (8) through (14) as Subdivisions (9) through (15) to
207-21 read as follows:
207-22 (8) "Person" means an individual, corporation,
207-23 partnership, association, state, municipality, commission, or
207-24 political subdivision of a state or any interstate body, as defined
207-25 by Section 502 of the federal act, including a political
207-26 subdivision as defined by this subchapter, if the person is
208-1 eligible for financial assistance under federal law establishing
208-2 the revolving fund.
208-3 (9) "Political subdivision" means a municipality,
208-4 intermunicipal, interstate, or state agency, any other public
208-5 entity eligible for assistance under this subchapter, or a
208-6 nonprofit water supply corporation created and operating under
208-7 Chapter 67, if such entity is eligible for financial assistance
208-8 under federal law establishing the state revolving fund or an
208-9 additional state revolving fund.
208-10 (10) [(9)] "Public water system" means a system that
208-11 is owned by any person and that meets the definition of public
208-12 water system in the Safe Drinking Water Act.
208-13 (11) [(10)] "Public works" means any project to
208-14 acquire, construct, improve, repair, or otherwise provide any
208-15 buildings, structures, facilities, equipment, or other real or
208-16 personal property or improvements designed for public use,
208-17 protection, or enjoyment undertaken by a political subdivision and
208-18 paid for, in whole or in part, out of public funds.
208-19 (12) [(11)] "Revolving fund" means the state water
208-20 pollution control revolving fund.
208-21 (13) [(12)] "Safe Drinking Water Act" means Title XIV
208-22 of the federal Public Health Service Act, commonly known as the
208-23 Safe Drinking Water Act, as amended (42 U.S.C. Section 300f et
208-24 seq.).
208-25 (14) [(13)] "Safe drinking water revolving fund" means
208-26 the fund established by the board as an additional state revolving
209-1 fund to provide financial assistance in accordance with the federal
209-2 program established pursuant to the provisions of the Safe Drinking
209-3 Water Act.
209-4 (15) [(14)] "Treatment works" has the meaning
209-5 established by the federal act and the eligible components of the
209-6 management programs established by Sections 319 and 320 of the
209-7 federal act.
209-8 SECTION 4.14. Subsection (a), Section 15.603, Water Code, is
209-9 amended to read as follows:
209-10 (a) The revolving fund is held separately from other funds
209-11 by the board outside the State Treasury to provide financial
209-12 assistance to political subdivisions for construction of treatment
209-13 works and to persons for nonpoint source pollution control and
209-14 estuary management projects.
209-15 SECTION 4.15. Subsection (a), Section 15.604, Water Code, is
209-16 amended to read as follows:
209-17 (a) The board may use the revolving fund for financial
209-18 assistance only as provided by the federal act:
209-19 (1) to make loans, on the conditions that:
209-20 (A) those loans are made at or below market
209-21 interest rates, including interest-free loans, at terms not to
209-22 exceed 20 years;
209-23 (B) principal and interest payments will begin
209-24 not later than one year after completion of any treatment works and
209-25 all loans will be fully amortized not later than 20 years after
209-26 completion of the treatment works;
210-1 (C) the recipient of a loan will establish a
210-2 dedicated source of revenue for repayment of loans; and
210-3 (D) the revolving fund will be credited with all
210-4 payments of principal of and interest on all loans;
210-5 (2) to buy or refinance the debt obligation of
210-6 political subdivisions at or below market rates if the debt
210-7 obligations were incurred after March 7, 1985;
210-8 (3) to guarantee or purchase insurance for political
210-9 subdivisions if the guarantee or insurance would improve access to
210-10 market credit or reduce interest rates;
210-11 (4) as a source of revenue or security for the payment
210-12 of principal and interest on bonds issued by the state if the
210-13 proceeds of the sale of those bonds will be deposited in the
210-14 revolving fund;
210-15 (5) to provide loan guarantees to similar revolving
210-16 funds established by municipalities or intermunicipal agencies;
210-17 (6) to earn interest on revolving fund accounts;
210-18 (7) for the reasonable costs of administering the
210-19 revolving fund and conducting activities provided for by Title VI
210-20 of the federal act, except that those amounts may not exceed the
210-21 amount authorized under Title VI of the federal act; [and]
210-22 (8) to provide financial assistance to persons for a
210-23 nonpoint source pollution control project under Section 319 of the
210-24 federal act or for an estuary management project under Section 320
210-25 of the federal act; and
210-26 (9) for other purposes as provided by the federal act.
211-1 SECTION 4.16. Section 15.607, Water Code, is amended to read
211-2 as follows:
211-3 Sec. 15.607. APPROVAL OF APPLICATION. On review of
211-4 recommendations by the executive administrator, the board by
211-5 resolution may approve an application if the board finds that in
211-6 its opinion the revenue or taxes or both revenue and taxes pledged
211-7 by the applicant will be sufficient to meet all the obligations
211-8 assumed by the applicant [political subdivision] and that the
211-9 application and assistance applied for meet the requirements of the
211-10 federal act and state law. A program of water conservation for the
211-11 more effective use of water shall be required in the same manner as
211-12 required for approval of an application for financial assistance
211-13 under Section 15.106 of this code.
211-14 SECTION 4.17. Subchapter C, Chapter 16, Water Code, is
211-15 amended by adding Section 16.059 to read as follows:
211-16 Sec. 16.059. COLLECTION OF INSTREAM FLOW DATA; CONDUCT OF
211-17 STUDIES. (a) The Parks and Wildlife Department, the commission,
211-18 and the board, in cooperation with other appropriate governmental
211-19 agencies, shall jointly establish and continuously maintain an
211-20 instream flow data collection and evaluation program and shall
211-21 conduct studies and analyses to determine appropriate methodologies
211-22 for determining flow conditions in the state's rivers and streams
211-23 necessary to support a sound ecological environment. Any stream
211-24 that consists only of floodwaters and is dry more than 75 percent
211-25 of the year is exempt from this section.
211-26 (b) The Parks and Wildlife Department, the commission, and
212-1 the board shall each designate an employee to share equally in the
212-2 oversight of the program studies. Other responsibilities shall be
212-3 divided between the Parks and Wildlife Department, the commission,
212-4 and the board to maximize present in-house capabilities of
212-5 personnel and equipment and to minimize costs to the state.
212-6 (c) The Parks and Wildlife Department, the commission, and
212-7 the board shall each have reasonable access to all data, studies,
212-8 analyses, information, and reports produced by the other agencies.
212-9 (d) The priority studies shall be completed not later than
212-10 December 31, 2010. The Parks and Wildlife Department, the
212-11 commission, and the board shall establish a work plan that
212-12 prioritizes the studies and that sets interim deadlines providing
212-13 for publication of flow determinations for individual rivers and
212-14 streams on a reasonably consistent basis throughout the prescribed
212-15 study period. Before publication, completed studies shall be
212-16 submitted for comment to the commission, the board, and the Parks
212-17 and Wildlife Department.
212-18 (e) Results of studies completed under this section shall be
212-19 considered by the commission in its review of any management plan,
212-20 water right, or interbasin transfer.
212-21 (f) The board may authorize the use of money from the
212-22 research and planning fund established under Chapter 15 to
212-23 accomplish the purposes of this section. The money shall be used
212-24 by the board in cooperation with the commission and the Parks and
212-25 Wildlife Department for interagency contracts with cooperating
212-26 agencies and universities and contracts with private sector
213-1 establishments, as necessary, to accomplish the purposes of this
213-2 section.
213-3 SECTION 4.18. Subsection (c), Section 17.853, Water Code, is
213-4 amended to read as follows:
213-5 (c) The board may use the fund only:
213-6 (1) to provide state matching funds for federal funds
213-7 provided to the state water pollution control revolving fund or to
213-8 any additional state revolving fund created under Subchapter J,
213-9 Chapter 15;
213-10 (2) to provide financial assistance from the proceeds
213-11 of taxable bond issues to water supply corporations organized under
213-12 Chapter 67, and other participants;
213-13 (3) to provide financial assistance to participants
213-14 for the construction of water supply projects and treatment works;
213-15 (4) to provide financial assistance for an interim
213-16 construction period to participants for projects for which the
213-17 board will provide long-term financing through the water
213-18 development fund; [and]
213-19 (5) to provide financial assistance for water supply
213-20 and sewer service projects in economically distressed areas as
213-21 provided by Subchapter K, Chapter 17, to the extent the board can
213-22 make that assistance without adversely affecting the current or
213-23 future integrity of the fund or of any other financial assistance
213-24 program of the board; and
213-25 (6) to provide funds to the water infrastructure fund
213-26 created under Section 15.903.
214-1 SECTION 4.19. Subdivisions (2) and (6), Section 17.871,
214-2 Water Code, are amended to read as follows:
214-3 (2) "Borrower district" means a political subdivision,
214-4 including a district or authority created under Article III,
214-5 Sections 52(b)(1) and (2), or Article XVI, Section 59, of the Texas
214-6 Constitution, that receives or is eligible to receive a
214-7 conservation loan from the board for a purpose described by Section
214-8 17.895 or 17.8955 [improvement to district facilities].
214-9 (6) "Lender district" means a political subdivision,
214-10 including a soil and water conservation district under Chapter 201,
214-11 Agriculture Code, a groundwater [an underground water] conservation
214-12 district created under Article XVI, Section 59, of the Texas
214-13 Constitution, or a district or authority created under Article III,
214-14 Section 52(b)(1), or Article XVI, Section 59, of the Texas
214-15 Constitution authorized to supply water for irrigation purposes,
214-16 that is eligible to receive or that receives a loan from the board
214-17 for the purpose of making conservation loans to individual
214-18 borrowers.
214-19 SECTION 4.20. Section 17.895, Water Code, is amended to read
214-20 as follows:
214-21 Sec. 17.895. CONSERVATION LOANS. (a) This section applies
214-22 only to a conservation loan from a lender district that is:
214-23 (1) a soil and water conservation district under
214-24 Chapter 201, Agriculture Code;
214-25 (2) a groundwater conservation district created under
214-26 Section 59, Article XVI, Texas Constitution; or
215-1 (3) a district or authority created under Section
215-2 52(b)(1), Article III, or Section 59, Article XVI, Texas
215-3 Constitution.
215-4 (b) The board or a lender district [districts] may make
215-5 conservation loans for capital equipment or materials, labor,
215-6 preparation costs, and installation costs:
215-7 (1) to improve water use efficiency of water delivery
215-8 and application on existing irrigation systems;
215-9 (2) for preparing irrigated land to be converted to
215-10 dryland conditions; and
215-11 (3) for preparing dryland for more efficient use of
215-12 natural precipitation[;]
215-13 [(4) for preparing and maintaining land to be used for
215-14 brush control activities, including but not limited to activities
215-15 conducted pursuant to Chapter 203, Agriculture Code; or]
215-16 [(5) for implementing precipitation enhancement
215-17 activities in areas of the state where such activities would be, in
215-18 the board's judgment, most effective].
215-19 (c) [(b)] Conservation loans for the purposes listed in
215-20 Subsection (b) [(a)] may be made by lender districts to individual
215-21 borrowers for use on private property or by the board to borrower
215-22 districts [for use on district facilities].
215-23 (d) [(c)] The board may make conservation loans to borrower
215-24 districts for the cost of purchasing and installing devices, on
215-25 public or private property, designed to indicate the amount of
215-26 water withdrawn for irrigation purposes.
216-1 (e) [(d)] For purposes of this section, the board or lender
216-2 districts may seek the advice of the Department of Agriculture
216-3 regarding the feasibility of a project for which a conservation
216-4 loan is sought.
216-5 SECTION 4.21. Subchapter J, Chapter 17, Water Code, is
216-6 amended by adding Section 17.8955 to read as follows:
216-7 Sec. 17.8955. CONSERVATION LOANS FOR BRUSH CONTROL AND
216-8 PRECIPITATION ENHANCEMENT. (a) The board or a lender district may
216-9 make a conservation loan for capital equipment or materials, labor,
216-10 preparation costs, and installation costs for:
216-11 (1) preparing and maintaining land to be used for
216-12 brush control activities, including activities conducted under
216-13 Chapter 203, Agriculture Code; or
216-14 (2) implementing precipitation enhancement activities
216-15 in areas of the state where those activities would be, in the
216-16 board's judgment, most effective.
216-17 (b) A conservation loan for a purpose listed in Subsection
216-18 (a) may be made by a lender district to an individual borrower for
216-19 use on private property or by the board to a borrower district.
216-20 SECTION 4.22. Subchapter L, Chapter 17, Water Code, is
216-21 amended by adding Section 17.9615 to read as follows:
216-22 Sec. 17.9615. TRANSFERS TO RURAL WATER ASSISTANCE FUND.
216-23 (a) The board may direct the comptroller to transfer amounts from
216-24 the financial assistance account to the rural water assistance fund
216-25 to provide financial assistance under this subchapter for the
216-26 purposes provided in Section 15.954.
217-1 (b) The board shall use the rural water assistance fund as a
217-2 source of revenue to be deposited in accordance with this
217-3 subchapter for the payment of principal and interest on water
217-4 financial assistance bonds issued by the board, the proceeds of
217-5 which are to be deposited into the rural water assistance fund and
217-6 to be used to make payments under a bond enhancement agreement with
217-7 respect to principal or interest on the water financial assistance
217-8 bonds.
217-9 SECTION 4.23. Subchapter L, Chapter 17, Water Code, is
217-10 amended by adding Section 17.9616 to read as follows:
217-11 Sec. 17.9616. TRANSFER TO WATER INFRASTRUCTURE FUND.
217-12 (a) The board may direct the comptroller to transfer amounts from
217-13 the financial assistance account to the water infrastructure fund
217-14 to provide financial assistance under this subchapter for the
217-15 purposes provided in Section 15.904.
217-16 (b) The board shall use the water infrastructure fund as a
217-17 source of revenue to be deposited in accordance with this
217-18 subchapter for the payment of principal and interest on water
217-19 financial assistance bonds issued by the board, the proceeds of
217-20 which are to be deposited into the water infrastructure fund and to
217-21 be used to make payments under a bond enhancement agreement with
217-22 respect to principal or interest on the water financial assistance
217-23 bonds.
217-24 SECTION 4.24. Section 11.32, Tax Code, is amended to read as
217-25 follows:
217-26 Sec. 11.32. CERTAIN WATER CONSERVATION INITIATIVES. The
218-1 governing body of a taxing unit by official action of the governing
218-2 body adopted in the manner required by law for official actions may
218-3 exempt from taxation part or all of the assessed value of property
218-4 on which approved water conservation initiatives, desalination
218-5 projects, or brush control initiatives have been implemented. For
218-6 purposes of this section, approved water conservation,
218-7 desalination, and brush control initiatives shall be designated
218-8 pursuant to an ordinance or other law adopted by the governing
218-9 unit.
218-10 SECTION 4.25. Subchapter H, Chapter 151, Tax Code, is
218-11 amended by adding Section 151.355 to read as follows:
218-12 Sec. 151.355. WATER-RELATED EXEMPTIONS. The following are
218-13 exempted from taxes imposed by this chapter:
218-14 (1) rainwater harvesting equipment or supplies, water
218-15 recycling and reuse equipment or supplies, or other equipment,
218-16 services, or supplies used to reduce or eliminate water use;
218-17 (2) equipment, services, or supplies used for
218-18 desalination of surface water or groundwater;
218-19 (3) equipment, services, or supplies used for brush
218-20 control designed to enhance the availability of water;
218-21 (4) equipment, services, or supplies used for
218-22 precipitation enhancement;
218-23 (5) equipment, services, or supplies used to construct
218-24 or operate a water or wastewater system or component of a system
218-25 sponsored by a political subdivision, as defined by Section 15.001,
218-26 Water Code, which is certified by the Texas Natural Resource
219-1 Conservation Commission as providing regional water or wastewater
219-2 service; and
219-3 (6) equipment, services, or supplies used to construct
219-4 or operate a water supply or wastewater system by a private entity
219-5 as a public-private partnership, as certified by the political
219-6 subdivision, as defined by Section 15.001, Water Code, that is a
219-7 party to the project.
219-8 ARTICLE 5. JOINT COMMITTEE ON WATER RESOURCES
219-9 SECTION 5.01. In this article, "committee" means the joint
219-10 committee on water resources.
219-11 SECTION 5.02. The committee shall conduct an interim study
219-12 and make recommendations regarding:
219-13 (1) increasing the efficient use of existing water
219-14 resources;
219-15 (2) developing sufficient long-term water financing
219-16 strategies;
219-17 (3) improving existing water conveyance systems;
219-18 (4) water marketing;
219-19 (5) determining the appropriate role of environmental
219-20 and wildlife concerns in water permitting and water development;
219-21 and
219-22 (6) protection of the natural condition of beds and
219-23 banks of the state-owned watercourses.
219-24 SECTION 5.03. The committee is composed of six members as
219-25 follows:
219-26 (1) the chair of the Senate Committee on Natural
220-1 Resources and the chair of the House Committee on Natural
220-2 Resources;
220-3 (2) two members of the senate appointed by the
220-4 lieutenant governor; and
220-5 (3) two members of the house of representatives
220-6 appointed by the speaker of the house of representatives.
220-7 SECTION 5.04. The committee shall:
220-8 (1) meet at least annually with the Texas Natural
220-9 Resource Conservation Commission and the Texas Water Development
220-10 Board; and
220-11 (2) receive information relating to:
220-12 (A) encouraging the effective development of
220-13 water marketing and water movement;
220-14 (B) prioritizing the use of state funds for
220-15 financing the development and conservation of water resources; and
220-16 (C) identifying reasonable mechanisms, including
220-17 measures for encouraging donation of water rights, for protecting
220-18 instream uses.
220-19 SECTION 5.05. Not later than November 1, 2002, the committee
220-20 shall make a final report to the lieutenant governor, the speaker
220-21 of the house of representatives, and the 78th Legislature
220-22 evaluating the issues described in Section 5.02 of this article.
220-23 SECTION 5.06. The committee has the authority necessary to
220-24 perform its duties and, in connection with those duties, may call
220-25 and hold hearings.
220-26 SECTION 5.07. The committee may request the assistance of
221-1 state agencies, departments, or offices to carry out its duties.
221-2 SECTION 5.08. The Senate Committee on Natural Resources and
221-3 the House Committee on Natural Resources shall provide staff to the
221-4 committee.
221-5 SECTION 5.09. The committee shall submit a proposed budget
221-6 to the appropriate committee on administration in each house of the
221-7 legislature. The administration committees shall jointly approve
221-8 the committee budget in an amount appropriate for the committee to
221-9 accomplish its duties under this article.
221-10 SECTION 5.10. The committee may travel around the state and
221-11 hold hearings or public meetings as needed to fulfill its duties
221-12 under this article.
221-13 SECTION 5.11. This article expires and the committee is
221-14 abolished on January 1, 2003.
221-15 ARTICLE 6. RULEMAKING PROCEDURES FOR THE EDWARDS
221-16 AQUIFER AUTHORITY
221-17 SECTION 6.01. Chapter 626, Acts of the 73rd Legislature,
221-18 Regular Session, 1993, is amended by adding Section 1.115 to read
221-19 as follows:
221-20 Sec. 1.115. RULEMAKING PROCEDURES. (a) The authority shall
221-21 comply with the procedures provided by this section in adopting
221-22 rules.
221-23 (b) The authority shall provide, by using the United States
221-24 mail, notice of a proposed rule to all applicants and permit
221-25 holders. The authority shall publish in a newspaper of general
221-26 circulation within the boundaries of the authority notice of a
222-1 public hearing on a proposed rule at least 14 days before the date
222-2 of the public hearing on the rule. The notice must include:
222-3 (1) the date, time, and place of the public hearing;
222-4 (2) a statement of the general subject matter of the
222-5 proposed rule;
222-6 (3) the procedures for obtaining copies of the
222-7 proposed rule and for submitting comments; and
222-8 (4) the deadline for submitting comments.
222-9 (c) The board shall allow at least 45 days for comment on a
222-10 proposed rule, other than an emergency rule, before the board
222-11 adopts the rule. The board shall consider all written comments and
222-12 shall, in the order adopting the rule, state the reasons and
222-13 justification for the rule and the authority's responses to the
222-14 written comments.
222-15 (d) The meeting at which a proposed rule is adopted as a
222-16 final rule must be an open meeting, and the public must be allowed
222-17 to make comments on the proposed rule and the agency responses. A
222-18 proposed rule becomes final and effective on the 10th day after the
222-19 date the rule is adopted by the board.
222-20 (e) Notwithstanding Subsections (b)-(d) of this section, the
222-21 board may adopt emergency rules in anticipation of imminent harm to
222-22 human health, safety, or welfare, or if compliance with the
222-23 procedures provided in Subsections (b)-(d) of this section would
222-24 prevent an effective response to emergency aquifer or springflow
222-25 conditions. The board may adopt emergency rules five days after
222-26 providing public notice. Emergency rules are effective immediately
223-1 on adoption for a period of 120 days and may be renewed once for
223-2 not more than 60 days.
223-3 (f) Subsections (b)-(d) of this section do not apply to the
223-4 adoption of bylaws or internal procedures of the board and
223-5 authority.
223-6 SECTION 6.02. Section 1.15, Chapter 626, Acts of the 73rd
223-7 Legislature, Regular Session, 1993, is amended by adding
223-8 Subsections (e) and (f) to read as follows:
223-9 (e) The authority shall conduct a contested case hearing on
223-10 a permit application if a person with a personal justiciable
223-11 interest related to the application requests a hearing on the
223-12 application.
223-13 (f) The authority shall adopt rules establishing procedures
223-14 for contested case hearings consistent with Subchapters C, D, and
223-15 F, Chapter 2001, Government Code.
223-16 SECTION 6.03. Subsection (h), Section 1.11, and Subsection
223-17 (e), Section 1.41, Chapter 626, Acts of the 73rd Legislature,
223-18 Regular Session, 1993, are repealed.
223-19 SECTION 6.04. A rule adopted by the Edwards Aquifer
223-20 Authority before the effective date of this Act remains in effect
223-21 until repealed, amended, or readopted. Nothing contained in this
223-22 article shall be construed as repealing the applicability of the
223-23 open meetings law, Chapter 551, Government Code, or the public
223-24 information law, Chapter 552, Government Code, to the Edwards
223-25 Aquifer Authority.
223-26 SECTION 6.05. The rules in 31 T.A.C. Part 20 shall continue
224-1 in effect until replaced by rules adopted pursuant to this article.
224-2 The secretary of state shall delete 31 T.A.C. Part 20.
224-3 ARTICLE 7. LIMITED LIABILITY FOR AQUATIC HERBICIDE APPLICATION
224-4 SECTION 7.01. Subchapter B, Chapter 26, Water Code, is
224-5 amended by adding Section 26.050 to read as follows:
224-6 Sec. 26.050. LIMITED LIABILITY FOR AQUATIC HERBICIDE
224-7 APPLICATION. (a) In this section, "commercially licensed aquatic
224-8 herbicide applicator" means a person who holds a commercial
224-9 applicator license issued by the Department of Agriculture under
224-10 Chapter 76, Agriculture Code, to apply aquatic herbicides.
224-11 (b) Except as provided by Chapter 12, Parks and Wildlife
224-12 Code, a commercially licensed aquatic herbicide applicator working
224-13 under contract with a river authority organized pursuant to Section
224-14 59, Article XVI, Texas Constitution, is not liable for damages in
224-15 excess of $2 million for each occurrence of personal injury,
224-16 property damage, or death resulting directly or indirectly from the
224-17 application of aquatic herbicide in compliance with such contract,
224-18 applicable law, and the license terms or permit.
224-19 (c) The control and elimination of noxious weeds, grasses,
224-20 and vegetation in the rivers, tributaries, impoundments, and
224-21 reservoirs of the state through the application by river
224-22 authorities or their agents, employees, or contractors, in
224-23 compliance with applicable law, licenses, and permits, of aquatic
224-24 herbicides are essential governmental functions, and except to the
224-25 extent provided in Chapter 101, Civil Practice and Remedies Code,
224-26 nothing herein shall be deemed or construed to waive, limit, or
225-1 restrict the governmental immunity of river authorities in the
225-2 performance of such governmental functions.
225-3 (d) The limited liability provided by this section does not
225-4 apply to a commercially licensed aquatic herbicide applicator if
225-5 the applicator uses the wrong aquatic herbicide, fails to follow
225-6 manufacturers' warnings, instructions, and directions for the
225-7 application of the aquatic herbicide, fails to follow the
225-8 directions of the river authority concerning the application of the
225-9 aquatic herbicide, or applies the aquatic herbicide in a manner
225-10 that violates federal or state law, rules, or regulations.
225-11 ARTICLE 8. CONCENTRATED ANIMAL FEEDING OPERATIONS
225-12 SECTION 8.01. Section 26.0286, Water Code, is amended to
225-13 read as follows:
225-14 Sec. 26.0286. PROCEDURES APPLICABLE TO PERMITS FOR CERTAIN
225-15 CONCENTRATED ANIMAL FEEDING OPERATIONS. (a) In this section:
225-16 (1) "Sole-source[, "sole-source] surface drinking
225-17 water supply" means a body of surface water that[:]
225-18 [(1)] is designated as a sole-source surface drinking
225-19 [public] water supply in rules adopted by the commission [under
225-20 Section 26.023; and]
225-21 [(2) is the single source of supply of a public water
225-22 supply system, exclusive of emergency water interconnections].
225-23 (2) "Protection zone" means an area so designated by
225-24 commission rule under Subsection (c).
225-25 (b) The commission shall process an application for
225-26 authorization to construct or operate a concentrated animal feeding
226-1 operation as a specific permit under Section 26.028 subject to the
226-2 procedures provided by Subchapter M, Chapter 5, if, on the date the
226-3 commission determines that the application is administratively
226-4 complete, any part of a pen, lot, pond, or other type of control or
226-5 retention facility or structure of the concentrated animal feeding
226-6 operation is located or proposed to be located within the
226-7 protection zone of a sole-source surface drinking water supply.
226-8 For the purposes of this subsection, a land application area is not
226-9 considered a control or retention facility[:]
226-10 [(1) in the watershed of a sole-source surface
226-11 drinking water supply; and]
226-12 [(2) sufficiently close, as determined by the
226-13 commission by rule, to an intake of a public water supply system in
226-14 the sole-source surface drinking water supply that contaminants
226-15 discharged from the concentrated animal feeding operation could
226-16 potentially affect the public drinking water supply].
226-17 (c) For the purposes of this section only, the commission by
226-18 rule shall designate a surface water body as a sole-source surface
226-19 drinking water supply if that surface water body is identified as a
226-20 public water supply in rules adopted by the commission under
226-21 Section 26.023 and is the sole source of supply of a public water
226-22 supply system, exclusive of emergency water connections. At the
226-23 same time, the commission shall designate as a protection zone any
226-24 area within the watershed of a sole-source surface drinking water
226-25 supply that is:
226-26 (1) within two miles of the normal pool elevation of a
227-1 body of surface water that is a sole-source surface drinking water
227-2 supply;
227-3 (2) within two miles of that part of a perennial
227-4 stream that is:
227-5 (A) a tributary of a sole-source surface
227-6 drinking water supply; and
227-7 (B) within three linear miles upstream of the
227-8 normal pool elevation of a sole-source surface drinking water
227-9 supply; or
227-10 (3) within two miles of that part of a stream that is
227-11 a sole-source surface drinking water supply, extending three linear
227-12 miles upstream from the water supply intake.
227-13 SECTION 8.02. Not later than the 45th day after the
227-14 effective date of this Act, the Texas Natural Resource Conservation
227-15 Commission by order shall identify surface water bodies that are
227-16 considered "sole-source surface drinking water supplies" for
227-17 purposes of Subsection (b), Section 26.0286, Water Code, as amended
227-18 by this Act, and shall designate the protection zones for those
227-19 identified water bodies. The order expires on the date on which
227-20 the commission adopts final rules under Subsection (c), Section
227-21 26.0286, Water Code, as added by this Act.
227-22 ARTICLE 9. REVOCATION OF CERTIFICATE OF PUBLIC UTILITY
227-23 SECTION 9.01. Subchapter G, Chapter 13, Water Code, is
227-24 amended by adding Section 13.2541 to read as follows:
227-25 Sec. 13.2541. REVOCATION OF CERTIFICATE WHEN SERVICE
227-26 PROVIDED TO A MUNICIPALITY. (a) This section applies only to a
228-1 municipality with a population of more than 1.3 million.
228-2 (b) On request of a municipality served by a public utility,
228-3 the commission at any time after notice and hearing may revoke the
228-4 public utility's certificate of public convenience and necessity if
228-5 it finds that the public utility:
228-6 (1) has never provided, is no longer providing, or has
228-7 failed to provide continuous and adequate service in the
228-8 municipality requesting the revocation; or
228-9 (2) has been grossly or continuously mismanaged or has
228-10 grossly or continuously not complied with this chapter, commission
228-11 rules, or commission orders.
228-12 (c) If the certificate of a public utility is revoked under
228-13 Subsection (b), the municipality that requested the revocation
228-14 shall operate the decertified public utility for an interim period
228-15 prescribed by commission rule and shall request commission approval
228-16 to acquire the decertified public utility's facilities and to
228-17 transfer the decertified public utility's certificate of
228-18 convenience and necessity to the municipality. The municipality
228-19 must apply in accordance with Subchapter H.
228-20 (d) The compensation paid to the decertified public utility
228-21 for its facilities shall be determined by a qualified individual or
228-22 firm serving as independent appraiser agreed upon by the
228-23 decertified public utility and the municipality. The determination
228-24 of compensation by the independent appraiser shall be binding on
228-25 the commission. The municipality shall pay the costs of the
228-26 independent appraiser. For the purpose of implementing this
229-1 section, the value of real property shall be determined according
229-2 to the standards prescribed by Chapter 21, Property Code, governing
229-3 actions in eminent domain.
229-4 (e) The commission shall determine whether the municipality
229-5 shall pay the compensation in a lump sum or over a specified
229-6 period.
229-7 ARTICLE 10. WATER UTILITY SYSTEMS
229-8 SECTION 10.01. Section 13.137, Water Code, is amended to
229-9 read as follows:
229-10 Sec. 13.137. OFFICE AND OTHER BUSINESS LOCATIONS OF UTILITY;
229-11 RECORDS; REMOVAL FROM STATE. (a) Every utility shall:
229-12 (1) make available and notify its customers of a
229-13 business location where its customers may make payments to prevent
229-14 disconnection of or to restore service:
229-15 (A) in each county in which the utility provides
229-16 service; or
229-17 (B) not more than 20 miles from the residence of
229-18 any residential customer if there is no location to receive
229-19 payments in the county; and
229-20 (2) have an office in a county of this state or in the
229-21 immediate area in which its property or some part of its property
229-22 is located in which it shall keep all books, accounts, records, and
229-23 memoranda required by the commission to be kept in this state.
229-24 (b) The commission by rule may provide for waiving the
229-25 requirements of Subsection (a)(1) for a utility for which meeting
229-26 those requirements would cause a rate increase or otherwise harm or
230-1 inconvenience customers. The rules must provide for an additional
230-2 14 days to be given for a customer to pay before a utility that is
230-3 granted a waiver may disconnect service for late payment.
230-4 (c) Books, accounts, records, or memoranda required by the
230-5 regulatory authority to be kept in the state may not be removed
230-6 from the state, except on conditions prescribed by the commission.
230-7 SECTION 10.02. Section 13.144, Water Code, is amended to
230-8 read as follows:
230-9 Sec. 13.144. NOTICE OF WHOLESALE WATER SUPPLY CONTRACT. A
230-10 district or authority created under Section 52, Article III, or
230-11 Section 59, Article XVI, Texas Constitution, a retail public
230-12 utility, a wholesale water service, or other person providing a
230-13 retail public utility with a wholesale water supply shall provide
230-14 the commission with a certified copy of any wholesale water supply
230-15 contract with a retail public utility within 30 days after the date
230-16 of the execution of the contract. The submission must include the
230-17 amount of water being supplied, term of the contract, consideration
230-18 being given for the water, purpose of use, location of use, source
230-19 of supply, point of delivery, limitations on the reuse of water, a
230-20 disclosure of any affiliated interest between the parties to the
230-21 contract, and any other condition or agreement relating to the
230-22 contract.
230-23 SECTION 10.03. Subchapter E, Chapter 13, Water Code, is
230-24 amended by adding Section 13.145 to read as follows:
230-25 Sec. 13.145. MULTIPLE SYSTEMS CONSOLIDATED UNDER TARIFF. A
230-26 utility may consolidate more than one system under a single tariff
231-1 only if:
231-2 (1) the systems under the tariff are substantially
231-3 similar in terms of facilities, quality of service, and cost of
231-4 service; and
231-5 (2) the tariff provides for rates that promote water
231-6 conservation for single-family residences and landscape irrigation.
231-7 SECTION 10.04. Section 13.182, Water Code, is amended to
231-8 read as follows:
231-9 Sec. 13.182. JUST AND REASONABLE RATES. (a) The regulatory
231-10 authority shall ensure that every rate made, demanded, or received
231-11 by any utility or by any two or more utilities jointly shall be
231-12 just and reasonable.
231-13 (b) Rates shall not be unreasonably preferential,
231-14 prejudicial, or discriminatory but shall be sufficient, equitable,
231-15 and consistent in application to each class of consumers.
231-16 (c) For ratemaking purposes, the commission may treat two or
231-17 more municipalities served by a utility as a single class wherever
231-18 the commission considers that treatment to be appropriate.
231-19 (d) The commission by rule shall establish a preference that
231-20 rates under a consolidated tariff be consolidated by region. The
231-21 regions under consolidated tariffs must be determined on a
231-22 case-by-case basis.
231-23 SECTION 10.05. Section 13.183, Water Code, is amended by
231-24 amending Subsection (c) and adding Subsections (d) and (e) to read
231-25 as follows:
231-26 (c) To ensure that retail customers receive a higher
232-1 quality, more affordable, or more reliable water or sewer service,
232-2 to encourage regionalization, or to maintain financially stable and
232-3 technically sound utilities, the regulatory authority, by rule or
232-4 ordinance, as appropriate, may adopt specific alternative
232-5 ratemaking [may develop] methodologies for water or sewer rates
232-6 based on factors other than rate of return and those specified in
232-7 Section 13.185. Overall revenues determined according [pursuant]
232-8 to an alternative ratemaking [alternate] methodology adopted
232-9 [developed] under this section must provide revenues to the utility
232-10 that satisfy the requirements of Subsection (a). The regulatory
232-11 authority may not approve rates under an alternative ratemaking
232-12 methodology unless the regulatory authority adopts the methodology
232-13 before the date the rate application was administratively complete.
232-14 (d) A regulatory authority other than the commission may not
232-15 approve an acquisition adjustment for a system purchased before the
232-16 effective date of an ordinance authorizing acquisition adjustments.
232-17 (e) In determining to use an alternative ratemaking
232-18 methodology [alternate ratemaking methodologies], the regulatory
232-19 authority shall assure that rates, operations, and services are
232-20 just and reasonable to the consumers and to the utilities.
232-21 SECTION 10.06. Section 13.187, Water Code, is amended to
232-22 read as follows:
232-23 Sec. 13.187. STATEMENT OF INTENT TO CHANGE RATES; HEARING;
232-24 DETERMINATION OF RATE LEVEL. (a) A utility may not make changes
232-25 in its rates except by delivering a statement of intent to each
232-26 ratepayer and with the regulatory authority having original
233-1 jurisdiction at least 60 [30] days before the effective date of the
233-2 proposed change. The effective date of the new rates must be the
233-3 first day of a billing period, and the new rates may not apply to
233-4 service received before the effective date of the new rates. The
233-5 statement of intent must include:
233-6 (1) the information required by the regulatory
233-7 authority's rules;
233-8 (2) a billing comparison regarding the existing water
233-9 rate and the new water rate computed for the use of:
233-10 (A) 10,000 gallons of water; and
233-11 (B) 30,000 gallons of water; and
233-12 (3) a billing comparison regarding the existing sewer
233-13 rate and the new sewer rate computed for the use of 10,000 gallons,
233-14 unless the utility proposes a flat rate for sewer services.
233-15 (b) A copy of the statement of intent shall be mailed or
233-16 delivered to the appropriate offices of each affected municipality,
233-17 and to any other affected persons as required by the regulatory
233-18 authority's rules.
233-19 (c) When the statement of intent is delivered, the utility
233-20 shall file with the regulatory authority an application to change
233-21 rates. The application must include information the regulatory
233-22 authority requires by rule. If the utility fails to provide within
233-23 a reasonable time after the application is filed the necessary
233-24 documentation or other evidence that supports the costs and
233-25 expenses that are shown in the application, the regulatory
233-26 authority may disallow the nonsupported expenses.
234-1 (d) If the application or the statement of intent is not
234-2 substantially complete or does not comply with the regulatory
234-3 authority's rules, it may be rejected and the effective date of the
234-4 rate change may be suspended until a properly completed application
234-5 is accepted by the regulatory authority and a proper statement of
234-6 intent is provided. The commission may also suspend the effective
234-7 date of any rate change if the utility does not have a certificate
234-8 of public convenience and necessity or a completed application for
234-9 a certificate or to transfer a certificate pending before the
234-10 commission or if the utility is delinquent in paying the assessment
234-11 and any applicable penalties or interest required by Section
234-12 5.235(n) of this code.
234-13 (e) [(b)] If, before the 91st day [within 60 days] after the
234-14 effective date of the rate change, the regulatory authority
234-15 receives a complaint from any affected municipality, or from the
234-16 lesser of 1,000 or 10 percent of the ratepayers of the utility over
234-17 whose rates the regulatory authority has original jurisdiction, the
234-18 regulatory authority shall set the matter for hearing.
234-19 (f) The regulatory authority may set the matter for hearing
234-20 on its own motion at any time within 120 days after the effective
234-21 date of the rate change. If more than half of the ratepayers of
234-22 the utility receive service in a county with a population of more
234-23 than 2.5 million, the hearing must be held at a location in that
234-24 county.
234-25 (g) The hearing may be informal.
234-26 (h) If, after hearing, the regulatory authority finds the
235-1 rates currently being charged or those proposed to be charged are
235-2 unreasonable or in violation of law, the regulatory authority shall
235-3 determine the rates to be charged by the utility and shall fix the
235-4 rates by order served on the utility.
235-5 (i) [(c)] The regulatory authority, pending final action in
235-6 a rate proceeding, may order the utility to deposit all or part of
235-7 the rate increase received or to be received into an escrow account
235-8 with a financial institution approved by the regulatory authority.
235-9 Unless otherwise agreed to by the parties to the rate proceeding,
235-10 the utility shall refund or credit against future bills all sums
235-11 collected during the pendency of the rate proceeding in excess of
235-12 the rate finally ordered plus interest as determined by the
235-13 regulatory authority.
235-14 (j) For good cause shown, the regulatory authority may
235-15 authorize the release of funds to the utility from the escrow
235-16 account during the pendency of the proceeding.
235-17 (k) If the regulatory authority receives at least the number
235-18 of complaints from ratepayers required for the regulatory authority
235-19 to set a hearing under Subsection (e), the regulatory authority
235-20 may, pending the hearing and a decision, suspend the date the rate
235-21 change would otherwise be effective. The proposed rate may not be
235-22 suspended for longer than:
235-23 (1) 90 days by a local regulatory authority; or
235-24 (2) 150 days by the commission.
235-25 (l) At any time during the pendency of the rate proceeding
235-26 the regulatory authority may fix interim rates to remain in effect
236-1 until a final determination is made on the proposed rate.
236-2 (m) If the regulatory authority sets a final rate that is
236-3 higher than the interim rate, the utility shall be allowed to
236-4 collect the difference between the interim rate and final rate
236-5 unless otherwise agreed to by the parties to the rate proceeding.
236-6 (n) For good cause shown, the regulatory authority may at
236-7 any time during the proceeding require the utility to refund money
236-8 collected under a proposed rate before the rate was suspended or an
236-9 interim rate was established to the extent the proposed rate
236-10 exceeds the existing rate or the interim rate.
236-11 (o) If a [the] regulatory authority other than the
236-12 commission establishes interim rates or an escrow account, the
236-13 regulatory authority must make a final determination on the rates
236-14 not later than the first anniversary of [within 335 days after] the
236-15 effective date of the interim rates or escrowed rates or the rates
236-16 are automatically approved as requested by the utility.
236-17 (p) [(d)] Except to implement a rate adjustment provision
236-18 approved by the regulatory authority by rule or ordinance, as
236-19 applicable, or to adjust the rates of a newly acquired utility
236-20 system, a utility or two or more utilities under common control and
236-21 ownership may not file a statement of intent to increase its rates
236-22 more than once in a 12-month period, unless the regulatory
236-23 authority determines that a financial hardship exists. If the
236-24 regulatory authority requires the utility to deliver a corrected
236-25 statement of intent, the utility is not considered to be in
236-26 violation of the 12-month filing requirement.
237-1 SECTION 10.07. Subchapter I, Chapter 13, Water Code, is
237-2 amended by adding Section 13.343 to read as follows:
237-3 Sec. 13.343. WHOLESALE WATER CONTRACTS BETWEEN CERTAIN
237-4 AFFILIATES. (a) The owner of a utility that supplies retail water
237-5 service may not contract to purchase from an affiliated supplier
237-6 wholesale water service for any of that owner's systems unless:
237-7 (1) the wholesale service is provided for not more
237-8 than 90 days to remedy an emergency condition, as defined by
237-9 commission rule; or
237-10 (2) the executive director determines that the utility
237-11 cannot obtain wholesale water service from another source at a
237-12 lower cost than from the affiliate.
237-13 (b) The utility may not purchase groundwater from any
237-14 provider if:
237-15 (1) the source of the groundwater is located in a
237-16 priority groundwater management area; and
237-17 (2) a wholesale supply of surface water is available.
237-18 SECTION 10.08. (a) The changes in law made by this article
237-19 to Chapter 13, Water Code, apply to a proceeding in which the Texas
237-20 Natural Resource Conservation Commission has not issued a final
237-21 order before the effective date of this article; provided, however,
237-22 that this article does not apply to a retail public utility for
237-23 which a final order in any rate proceeding has been issued by the
237-24 Texas Natural Resource Conservation Commission prior to January 1,
237-25 2001, as long as that retail public utility is the same as,
237-26 controlled by, or an affiliate of the retail public utility for
238-1 which a final order was issued prior to January 1, 2001. This
238-2 subsection shall not be construed to permit a public utility to
238-3 increase rates without obtaining the approval of the Texas Natural
238-4 Resource Conservation Commission.
238-5 (b) Section 13.343, Water Code, as added by this article,
238-6 does not apply to a contract executed before the effective date of
238-7 this article. A contract executed before the effective date of
238-8 this article is governed by the law in effect on the date it was
238-9 executed, and that law is continued in effect for that purpose.
238-10 ARTICLE 11. MISCELLANEOUS PROVISIONS
238-11 SECTION 11.01. Section 26.177, Water Code, is amended by
238-12 adding Subsection (h) to read as follows:
238-13 (h) Property subject to a permit or plat in the
238-14 extraterritorial jurisdiction of a municipality may not be
238-15 subjected to new or additional water pollution regulations if the
238-16 property is transferred to another municipality's extraterritorial
238-17 jurisdiction, and all provisions of Chapter 245, Local Government
238-18 Code, shall apply to the property. If the release of
238-19 extraterritorial jurisdiction for the purpose of transferring it to
238-20 another municipality results in property not being subject to any
238-21 municipality's water pollution regulations on the date of release,
238-22 the releasing municipality retains its jurisdiction to enforce its
238-23 water pollution regulations until the property is included in the
238-24 extraterritorial jurisdiction of the receiving municipality.
238-25 SECTION 11.02. Section 26.359, Water Code, is amended to
238-26 read as follows:
239-1 Sec. 26.359. LOCAL REGULATION OR ORDINANCE. (a) In this
239-2 section, "local government" means a school district, county,
239-3 municipality, junior college district, river authority, water
239-4 district or other special district, or other political subdivision
239-5 created under the constitution or a statute of this state.
239-6 (b) A [This subchapter establishes a unified statewide
239-7 program for underground and surface water protection, and any
239-8 local] regulation or ordinance adopted by a local government that
239-9 imposes standards [is effective only to the extent the regulation
239-10 or ordinance does not conflict with the standards adopted] for the
239-11 design, construction, installation, or operation of underground
239-12 storage tanks is not valid [under this subchapter].
239-13 (c) This section does not apply to a rule adopted by the
239-14 Edwards Aquifer Authority, or to a regulation or ordinance in
239-15 effect as of January 1, 2001, or thereafter amended.
239-16 SECTION 11.03. (a) Section 27.051, Water Code, is amended
239-17 by adding Subsection (h) to read as follows:
239-18 (h) The commission may not authorize by rule or permit an
239-19 injection well that transects or terminates in the Edwards Aquifer.
239-20 The commission by rule may authorize injection of groundwater
239-21 withdrawn from the Edwards Aquifer, or injections of storm water,
239-22 flood water, or groundwater through improved sinkholes or caves
239-23 located in karst topographic areas. For purposes of this
239-24 subsection, "Edwards Aquifer" has the meaning assigned by Section
239-25 26.046(a).
239-26 (b) The change in law made by Subsection (h), Section
240-1 27.051, Water Code, as added by this section, applies only to an
240-2 application for a permit that is filed with the Texas Natural
240-3 Resource Conservation Commission on or after September 1, 2001.
240-4 SECTION 11.04. Section 36.121, Water Code, is amended to
240-5 read as follows:
240-6 Sec. 36.121. LIMITATION ON RULEMAKING POWER OF DISTRICTS
240-7 OVER WELLS IN CERTAIN COUNTIES. Except as provided by Section
240-8 36.117, a district that is created under this chapter on or after
240-9 September 1, 1991, shall exempt from regulation under this chapter
240-10 a well and any water produced or to be produced by a well that is
240-11 located in a county that has a population of 14,000 or less if the
240-12 water is to be used solely to supply a municipality that has a
240-13 population of 121,000 [115,000] or less and the rights to the water
240-14 produced from the well are owned by a political subdivision that is
240-15 not a municipality, or by a municipality that has a population of
240-16 100,000 [93,000] or less, and that purchased, owned, or held rights
240-17 to the water before the date on which the district was created,
240-18 regardless of the date the well is drilled or the water is
240-19 produced. The district may not prohibit the political subdivision
240-20 or municipality from transporting produced water inside or outside
240-21 the district's boundaries.
240-22 ARTICLE 12. NORTH HARRIS COUNTY REGIONAL WATER AUTHORITY
240-23 SECTION 12.01. Subsection (a), Section 4.06, Chapter 1029,
240-24 Acts of the 76th Legislature, Regular Session, 1999, is amended to
240-25 read as follows:
240-26 (a) The authority may:
241-1 (1) acquire and provide by purchase, gift, [or] lease,
241-2 contract, or any other legal means, a water treatment or supply
241-3 system, or any other works, plants, improvements, or facilities
241-4 necessary or convenient to accomplish the purposes of the
241-5 authority, or any interest in those assets, inside of or outside of
241-6 the authority's boundaries;
241-7 (2) design, finance, or construct a water treatment or
241-8 supply system, or any other supply systems, or any other works,
241-9 plants, improvements, or facilities necessary or convenient to
241-10 accomplish the purposes of the authority, and provide water
241-11 services inside of or outside of the authority's boundaries;
241-12 (3) maintain, operate, lease, or sell a water
241-13 treatment or supply system, or any other works, plants,
241-14 improvements, or facilities necessary or convenient to accomplish
241-15 the purposes of the authority, that the authority constructs or
241-16 acquires inside of or outside of the authority's boundaries; and
241-17 (4) contract with any person to operate or maintain a
241-18 water treatment or supply system the person owns.
241-19 ARTICLE 13. REPORTS; REPEALER; TRANSITION; VALIDATION;
241-20 EFFECTIVE DATE
241-21 SECTION 13.01. BOARD STUDY AND REPORT ON FINANCING WATER
241-22 INFRASTRUCTURE PROJECTS. The Texas Water Development Board shall
241-23 consider the reports submitted by the regional planning groups
241-24 under Subsection (q), Section 16.053, Water Code, as added by this
241-25 Act, relating to financing water infrastructure projects and shall
241-26 consult with potentially impacted groups and other interested
242-1 persons regarding the information reported and the recommendations
242-2 made by the regional planning groups. Not later than October 1,
242-3 2002, the board shall submit to the legislature a report consisting
242-4 of the regional planning groups' reports and the board's analysis
242-5 of and recommendations regarding those reports.
242-6 SECTION 13.02. REPEALER. Sections 35.005 and 35.006, Water
242-7 Code, are repealed.
242-8 SECTION 13.03. TRANSITIONS. (a) The changes in law made by
242-9 this Act by amending Section 17.895, Water Code, and adding Section
242-10 17.8955, Water Code, apply only to a conservation loan for which an
242-11 application is filed on or after the effective date of this Act. A
242-12 conservation loan for which an application was filed before the
242-13 effective date of this Act is governed by the law in effect
242-14 immediately before that date, and that law is continued in effect
242-15 for that purpose.
242-16 (b) Not later than January 1, 2002, the Texas Water
242-17 Development Board shall adopt rules to administer Subchapter O,
242-18 Chapter 15, Water Code, as added by this Act, including rules
242-19 establishing procedures for applications for and the award of
242-20 financial assistance for water projects, for the investment of
242-21 funds, and for the administration of the water infrastructure fund,
242-22 as created by this Act.
242-23 (c) Not later than January 1, 2002, the Texas Water
242-24 Development Board shall adopt rules to administer Subchapter P,
242-25 Chapter 15, Water Code, as added by this Act, including
242-26 establishing procedures for the application for and award of loans,
243-1 the distribution of loans, the investment of funds, and the
243-2 administration of loans and the rural water assistance fund, as
243-3 created by this Act.
243-4 (d) Not later than January 1, 2002, the Texas Water
243-5 Development Board shall adopt rules requiring a holder of a surface
243-6 water permit, certified filing, or certificate of adjudication for
243-7 surface water, a holder of a permit for the export of groundwater
243-8 from a groundwater conservation district, a retail public water
243-9 supplier, a wholesale water provider, and an irrigation district to
243-10 report to the board information on certain water pipelines and
243-11 other facilities that can be used for water conveyance.
243-12 (e) The changes in law made by this Act by amending Sections
243-13 11.023 and 11.122, Water Code, shall not change the existing
243-14 priority of any industrial water right holder on the mainstem of
243-15 the Rio Grande below Amistad Reservoir who uses or supplies water
243-16 to a nursery grower.
243-17 (f) If any changes made by this Act to Chapter 36, Water
243-18 Code, conflict with changes made to Chapter 36, Water Code, by any
243-19 other Act passed by the 77th Legislature, Regular Session, 2001,
243-20 this Act shall prevail.
243-21 SECTION 13.04. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
243-22 (a) The proper and legal notice of the intention to introduce this
243-23 Act, setting forth the general substance of this Act, has been
243-24 published as provided by law, and the notice and a copy of this Act
243-25 have been furnished to all persons, agencies, officials, or
243-26 entities to which they are required to be furnished by the
244-1 constitution and other laws of this state, including the governor,
244-2 who has submitted the notice and Act to the Texas Natural Resource
244-3 Conservation Commission.
244-4 (b) The Texas Natural Resource Conservation Commission has
244-5 filed its recommendations relating to this Act with the governor,
244-6 lieutenant governor, and speaker of the house of representatives
244-7 within the required time.
244-8 (c) All requirements of the constitution and laws of the
244-9 state and the rules and procedures of the legislature with respect
244-10 to the notice, introduction, and passage of this Act are fulfilled
244-11 and accomplished.
244-12 SECTION 13.05. SEVERABILITY. If any provision of this Act
244-13 or its application to any person or circumstance is held invalid,
244-14 the invalidity does not affect other provisions or applications of
244-15 this Act that can be given effect without the invalid provision or
244-16 application, and to this end the provisions of this Act are
244-17 declared to be severable.
244-18 SECTION 13.06. EFFECTIVE DATE. This Act takes effect
244-19 September 1, 2001.
S.B. No. 2
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2 passed the Senate on
April 19, 2001, by a viva-voce vote; May 23, 2001, Senate refused
to concur in House amendments and requested appointment of
Conference Committee; May 24, 2001, House granted request of the
Senate; May 27, 2001, Senate adopted Conference Committee Report by
a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2 passed the House, with
amendments, on May 22, 2001, by a non-record vote; May 24, 2001,
House granted request of the Senate for appointment of Conference
Committee; May 27, 2001, House adopted Conference Committee Report
by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor