77R16952 E
By Brown S.B. No. 2
Substitute the following for S.B. No. 2:
By Lewis of Orange C.S.S.B. No. 2
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the development and management of the water resources
1-3 of the state, including the ratification of the creation of certain
1-4 groundwater conservation districts; providing penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 ARTICLE 1. TEXAS WATER ADVISORY COUNCIL
1-7 SECTION 1.01. Subtitle A, Title 2, Water Code, is amended by
1-8 adding Chapter 9 to read as follows:
1-9 CHAPTER 9. TEXAS WATER ADVISORY COUNCIL
1-10 Sec. 9.001. 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
2-1 chairman, of the commission;
2-2 (3) the chairman, or a commissioner designated by the
2-3 chairman, of the Parks and Wildlife Commission;
2-4 (4) the commissioner of agriculture;
2-5 (5) the commissioner of the General Land Office;
2-6 (6) three members of the house of representatives
2-7 appointed by the speaker of the house of representatives;
2-8 (7) two members of the senate appointed by the
2-9 lieutenant governor; and
2-10 (8) three members of the general public appointed by
2-11 the governor, one representing groundwater management, one
2-12 representing surface water management, and one representing the
2-13 environmental community.
2-14 (b) Council members may not delegate participation or
2-15 council duties to staff.
2-16 Sec. 9.003. TERMS. (a) Except for the commissioner of the
2-17 General Land Office and the commissioner of agriculture, council
2-18 members who are officials of state agencies serve terms as
2-19 determined by the chairman of each agency.
2-20 (b) Council members who are members of the general public
2-21 serve staggered six-year terms with the term of one member expiring
2-22 August 31 of each odd-numbered year.
2-23 (c) Council members may be reappointed to serve additional
2-24 terms.
2-25 (d) A vacancy on the council shall be filled by appointment
2-26 by the original appointing authority for the unexpired term.
2-27 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:
3-27 (A) promoting flexibility and incentives for
4-1 water desalination, brush control, regionalization, weather
4-2 modification projects, and public-private partnerships relating to
4-3 water projects;
4-4 (B) promoting adequate financing for surface
4-5 water and groundwater projects;
4-6 (C) development of water conservation and
4-7 drought management projects;
4-8 (D) implementation of approved regional and
4-9 state water plans;
4-10 (E) encouraging commonality of technical data
4-11 and information such as joint agency studies, freshwater inflow
4-12 recommendations, surface water and groundwater availability models,
4-13 and bay and estuary and instream flow recommendations developed by
4-14 the Parks and Wildlife Department, the commission, and the Texas
4-15 Water Development Board; and
4-16 (F) encouraging the use of supplemental
4-17 environmental projects for water infrastructure needs and enhancing
4-18 the aquatic environment and habitat in enforcement proceedings at a
4-19 state agency or political subdivision;
4-20 (2) encourage the enhancement and coordination of
4-21 state, interstate, and international efforts to improve
4-22 environmental quality and living conditions along the Texas-Mexico
4-23 border;
4-24 (3) coordinate a unified state position on federal and
4-25 international water issues; and
4-26 (4) advise the Texas Water Development Board on
4-27 developing criteria for prioritizing the funding of projects in the
5-1 state water plan.
5-2 (b) The council may not:
5-3 (1) adopt rules;
5-4 (2) regulate water use, water quality, or any other
5-5 aspect of water resource management;
5-6 (3) plan or construct water resource projects or have
5-7 such projects planned or constructed;
5-8 (4) grant or lend money for the construction of water
5-9 resource projects;
5-10 (5) establish water resource management standards or
5-11 otherwise usurp the authority of or infringe upon the duties,
5-12 responsibilities, or powers of local, regional, or state water
5-13 management entities, including groundwater districts, river
5-14 authorities and compacts, regional water planning groups, or member
5-15 agencies of the council; or
5-16 (6) consider or discuss a specific permit or project
5-17 or recommendation for a project until the water permit has been
5-18 issued by the state and all motions for rehearing have been
5-19 overruled.
5-20 Sec. 9.009. REPORT. Not later than December 1 of each
5-21 even-numbered year, the council shall submit a report to the
5-22 governor, lieutenant governor, and speaker of the house of
5-23 representatives and to the senate and house standing committees
5-24 with primary responsibility over water resource management and
5-25 financing. The report must include findings of the council made in
5-26 the periodic reviews of authorities during the preceding two-year
5-27 period and any other findings and recommendations the council
6-1 considers necessary.
6-2 Sec. 9.010. ANALYSIS OF AUTHORITIES. (a) On a five-year
6-3 cycle, each authority shall provide the council with the
6-4 information required by Sections 9.011 and 9.012. The information
6-5 shall be provided to the council in the order of groups described
6-6 in Subsection (b), with the information submitted by group 1 by the
6-7 council's first quarterly meeting of the five-year period and group
6-8 2 submitted by the council's third quarterly meeting of the period.
6-9 The council shall continue in numerical order to receive the
6-10 information by each group at every other quarterly meeting until
6-11 all 10 groups have been completed and then shall recommence the
6-12 cycle.
6-13 (b) Authorities shall provide the information under
6-14 Subsection (a) in the following groups:
6-15 (1) in group 1, Northeast Texas Municipal Water
6-16 District;
6-17 (2) in group 2, Angelina and Neches River Authority,
6-18 Lower Neches Valley Authority, Sabine River Authority, and Upper
6-19 Neches River Municipal Water Authority;
6-20 (3) in group 3, Red River Authority of Texas, Sulphur
6-21 River Municipal Water District, and Sulphur River Basin Authority;
6-22 (4) in group 4, San Jacinto River Authority, Gulf
6-23 Coast Water Authority, and North Harris County Regional Water
6-24 Authority;
6-25 (5) in group 5, North Texas Municipal Water District,
6-26 Tarrant Regional Water District, Trinity River Authority of Texas,
6-27 and Dallas County Utility and Reclamation District;
7-1 (6) in group 6, Brazos River Authority, West Central
7-2 Texas Municipal Water District, and North Central Texas Municipal
7-3 Water Authority;
7-4 (7) in group 7, Guadalupe-Blanco River Authority,
7-5 Lavaca-Navidad River Authority, Lower Colorado River Authority, and
7-6 Upper Guadalupe River Authority;
7-7 (8) in group 8, Nueces River Authority, San Antonio
7-8 River Authority, and Bexar-Medina-Atascosa Counties Water Control
7-9 and Improvement District No. 1;
7-10 (9) in group 9, Colorado River Municipal Water
7-11 District, Central Colorado River Authority, and Upper Colorado
7-12 River Authority; and
7-13 (10) in group 10, Canadian River Municipal Water
7-14 Authority and Mackenzie Municipal Water Authority.
7-15 (c) The council may not require an authority under this
7-16 section to submit the information required under Section 9.012 more
7-17 than once every five years. The council may, however, request an
7-18 authority that has submitted information to provide follow-up
7-19 information on any specific item or issue raised during the initial
7-20 council analysis.
7-21 (d) The council, on a request by an authority, may modify
7-22 the schedule in order to have the flexibility in scheduling the
7-23 information submittal and council analysis, if needed, to be more
7-24 responsive to particular circumstances, changing conditions, or
7-25 time-sensitive conflicts.
7-26 Sec. 9.011. PERFORMANCE STANDARDS. (a) Before its
7-27 five-year analysis under Section 9.010, an authority shall report
8-1 to the council a self-assessment of:
8-2 (1) how the authority is achieving its stated mission
8-3 and goals, including an identification of any barriers to achieving
8-4 the mission and goals;
8-5 (2) how the authority is providing service to its
8-6 customers, including mechanisms the authority provides to encourage
8-7 input from the public and its customers;
8-8 (3) how the authority is addressing issues raised by
8-9 its most recent management audit, if the audit is required by
8-10 commission rule to be performed, including its administrative
8-11 policies; and
8-12 (4) the authority's role in the regional water
8-13 planning process.
8-14 (b) The authority's report to the council under this section
8-15 must include recommendations related to:
8-16 (1) any interregional issues the authority has
8-17 identified as problematic and any potential solutions to those
8-18 issues; and
8-19 (2) solutions to any barriers the authority determines
8-20 are interfering with the successful implementation of the approved
8-21 regional water plan or state water plan.
8-22 Sec. 9.012. ADMINISTRATIVE POLICIES FOR AUTHORITIES. The
8-23 commission shall expand the applicability of its rules under 30
8-24 T.A.C. Chapter 292 to include all the authorities subject to this
8-25 chapter. The commission shall provide the council with copies of
8-26 the most recent information provided by each authority in
8-27 accordance with its administrative rules.
9-1 Sec. 9.013. GIFTS AND GRANTS. The council may accept gifts
9-2 and grants from any source to carry out the purposes of this
9-3 chapter. The use of gifts and grants other than legislative
9-4 appropriations is subject only to limitations contained in the gift
9-5 or grant.
9-6 Sec. 9.014. FUNDING. (a) The interagency water advisory
9-7 account is a special account in the general revenue fund.
9-8 (b) The interagency water advisory account consists of
9-9 legislative appropriations, gifts and grants received under Section
9-10 9.013, and other money required by law to be deposited in the
9-11 account.
9-12 (c) Money in the interagency water advisory account may be
9-13 used only as provided by this chapter.
9-14 Sec. 9.015. CONTINUING RIGHT OF SUPERVISION. Nothing in
9-15 this chapter affects the continuing right of supervision over
9-16 authorities by the commission as provided by Section 12.081.
9-17 Sec. 9.016. PUBLIC PARTICIPATION. The council shall
9-18 encourage public input regarding the exercise of its powers and
9-19 duties under Section 9.008, its preparation of the report described
9-20 in Section 9.009, and its analysis of authorities under Sections
9-21 9.010 and 9.011.
9-22 Sec. 9.017. DISSOLUTION OF COUNCIL AND ACCOUNT. Unless
9-23 extended by the 78th Texas Legislature, this chapter and the
9-24 interagency water advisory account expire on September 1, 2003.
9-25 ARTICLE 2. SURFACE WATER AND GROUNDWATER
9-26 CONJUNCTIVE MANAGEMENT; REGULATORY INCENTIVES
9-27 SECTION 2.01. Section 11.002, Water Code, is amended by
10-1 adding Subdivisions (11), (12), (13), and (14) to read as follows:
10-2 (11) "River basin" means a river or coastal basin
10-3 designated by the board as a river basin under Section 16.051. The
10-4 term does not include the bays or arms of the Gulf of Mexico.
10-5 (12) "Agriculture" means any of the following
10-6 activities:
10-7 (A) cultivating the soil to produce crops for
10-8 human food, animal feed, or planting seed or for the production of
10-9 fibers;
10-10 (B) the practice of floriculture, viticulture,
10-11 silviculture, and horticulture, including the cultivation of plants
10-12 in containers or nonsoil media, by a nursery grower;
10-13 (C) raising, feeding, or keeping animals for
10-14 breeding purposes or for the production of food or fiber, leather,
10-15 pelts, or other tangible products having a commercial value;
10-16 (D) planting cover crops, including cover crops
10-17 cultivated for transplantation, or leaving land idle for the
10-18 purpose of participating in a governmental program or normal crop
10-19 or livestock rotation procedure; and
10-20 (E) raising or keeping equine animals.
10-21 (13) "Agricultural use" means any use or activity
10-22 involving agriculture, including irrigation.
10-23 (14) "Nursery grower" means a person who grows more
10-24 than 50 percent of the products that the person sells or leases,
10-25 regardless of the variety sold, leased, or grown. For the purpose
10-26 of this definition, "grow" means the actual cultivation or
10-27 propagation of the product beyond the mere holding or maintaining
11-1 of the item prior to sale or lease and typically includes
11-2 activities associated with the production or multiplying of stock
11-3 such as the development of new plants from cuttings, grafts, plugs,
11-4 or seedlings.
11-5 SECTION 2.02. Section 11.023(a), Water Code, is amended to
11-6 read as follows:
11-7 (a) State water may be appropriated, stored, or diverted
11-8 for:
11-9 (1) domestic and municipal uses, including water for
11-10 sustaining human life and the life of domestic animals;
11-11 (2) agricultural uses and industrial uses, meaning
11-12 processes designed to convert materials of a lower order of value
11-13 into forms having greater usability and commercial value, including
11-14 the development of power by means other than hydroelectric;
11-15 (3) [irrigation;]
11-16 [(4)] mining and recovery of minerals;
11-17 (4) [(5)] hydroelectric power;
11-18 (5) [(6)] navigation;
11-19 (6) [(7)] recreation and pleasure;
11-20 (7) [(8) stock raising;]
11-21 [(9)] public parks; and
11-22 (8) [(10)] game preserves.
11-23 SECTION 2.03. Section 11.024, Water Code, is amended to read
11-24 as follows:
11-25 Sec. 11.024. APPROPRIATION: PREFERENCES. In order to
11-26 conserve and properly utilize state water, the public welfare
11-27 requires not only recognition of beneficial uses but also a
12-1 constructive public policy regarding the preferences between these
12-2 uses, and it is therefore declared to be the public policy of this
12-3 state that in appropriating state water preference shall be given
12-4 to the following uses in the order named:
12-5 (1) domestic and municipal uses, including water for
12-6 sustaining human life and the life of domestic animals, it being
12-7 the public policy of the state and for the benefit of the greatest
12-8 number of people that in the appropriation of water as herein
12-9 defined, the appropriation of water for domestic and municipal uses
12-10 shall be and remain superior to the rights of the state to
12-11 appropriate the same for all other purposes;
12-12 (2) agricultural uses and industrial uses, which means
12-13 [meaning] processes designed to convert materials of a lower order
12-14 of value into forms having greater usability and commercial value,
12-15 including the development of power by means other than
12-16 hydroelectric;
12-17 (3) [irrigation;]
12-18 [(4)] mining and recovery of minerals;
12-19 (4) [(5)] hydroelectric power;
12-20 (5) [(6)] navigation;
12-21 (6) [(7)] recreation and pleasure; and
12-22 (7) [(8)] other beneficial uses.
12-23 SECTION 2.04. Section 11.038, Water Code, is amended to read
12-24 as follows:
12-25 Sec. 11.038. RIGHTS OF OWNERS OF LAND ADJOINING CANAL, ETC.
12-26 (a) A person who owns or holds a possessory interest in land
12-27 adjoining or contiguous to a canal, ditch, flume, lateral, dam,
13-1 reservoir, or lake constructed and maintained under the provisions
13-2 of this chapter and who has secured a right to the use of water in
13-3 the canal, ditch, flume, lateral, dam, reservoir, or lake is
13-4 entitled to be supplied from the canal, ditch, flume, lateral, dam,
13-5 reservoir, or lake with water [for irrigation of the land and] for
13-6 agricultural uses, mining, milling, manufacturing, development of
13-7 power, and stock raising, in accordance with the terms of the
13-8 person's [his] contract.
13-9 (b) If the person, association of persons, or corporation
13-10 owning or controlling the water and the person who owns or holds a
13-11 possessory interest in the adjoining land cannot agree on a price
13-12 for a permanent water right or for the use of enough water for
13-13 irrigation of the person's land or for agricultural uses, mining,
13-14 milling, manufacturing, development of power, or stock raising,
13-15 then the party owning or controlling the water, if the person [he]
13-16 has any water not contracted to others, shall furnish the water
13-17 necessary for these purposes at reasonable and nondiscriminatory
13-18 prices.
13-19 SECTION 2.05. Section 11.085(p), Water Code, is amended to
13-20 read as follows:
13-21 (p) [For the purposes of this section, a basin is designated
13-22 as provided in accordance with Section 16.051 of this code.] A
13-23 river basin may not be redesignated in order to allow a transfer or
13-24 diversion of water otherwise in violation of this section.
13-25 SECTION 2.06. Section 11.088, Water Code, is amended to read
13-26 as follows:
13-27 Sec. 11.088. DESTRUCTION OF WATERWORKS. No person may
14-1 wilfully cut, dig, break down, destroy, or injure or open a gate,
14-2 bank, embankment, or side of any ditch, canal, reservoir, flume,
14-3 tunnel or feeder, pump or machinery, building, structure, or other
14-4 work which is the property of another, or in which another owns an
14-5 interest, or which is lawfully possessed or being used by another,
14-6 and which is used for [irrigation,] milling, mining, manufacturing,
14-7 the development of power, domestic purposes, agricultural uses, or
14-8 stock raising, with intent to:
14-9 (1) maliciously injure a person, association,
14-10 corporation, water improvement or irrigation district;
14-11 (2) gain advantage for himself; or
14-12 (3) take or steal water or cause water to run out or
14-13 waste out of the ditch, canal, or reservoir, feeder, or flume for
14-14 his own advantage or to the injury of a person lawfully entitled to
14-15 the use of the water or the use or management of the ditch, canal,
14-16 tunnel, reservoir, feeder, flume, machine, structure, or other
14-17 irrigation work.
14-18 SECTION 2.07. Section 11.122(a), Water Code, is amended to
14-19 read as follows:
14-20 (a) All holders of permits, certified filings, and
14-21 certificates of adjudication issued under Section 11.323 of this
14-22 code shall obtain from the commission authority to change the place
14-23 of use, purpose of use, point of diversion, rate of diversion,
14-24 acreage to be irrigated, or otherwise alter a water right. Without
14-25 obtaining an amendment, the holder of a permit, certified filing,
14-26 or certificate of adjudication that includes industrial or
14-27 irrigation use may use or supply water for an agricultural use that
15-1 was classified as industrial or irrigation before September 1,
15-2 2001.
15-3 SECTION 2.08. Section 11.134(b), Water Code, is amended to
15-4 read as follows:
15-5 (b) The commission shall grant the application only if:
15-6 (1) the application conforms to the requirements
15-7 prescribed by this chapter and is accompanied by the prescribed
15-8 fee;
15-9 (2) unappropriated water is available in the source of
15-10 supply;
15-11 (3) the proposed appropriation:
15-12 (A) is intended for a beneficial use;
15-13 (B) does not impair existing water rights or
15-14 vested riparian rights;
15-15 (C) is not detrimental to the public welfare;
15-16 (D) considers the assessments performed under
15-17 Sections 11.147(d) and (e) and Sections 11.150, 11.151, and 11.152
15-18 [effects of any hydrological connection between surface water and
15-19 groundwater]; and
15-20 (E) addresses a water supply need in a manner
15-21 that is consistent with the state water plan and the relevant [an
15-22 approved] regional water plan for any area in which the proposed
15-23 appropriation is located, unless the commission determines that
15-24 conditions warrant waiver of this requirement; and
15-25 (4) the applicant has provided evidence that
15-26 reasonable diligence will be used to avoid waste and achieve water
15-27 conservation as defined by Subdivision (8)(B), Section 11.002[, of
16-1 this code].
16-2 SECTION 2.09. Section 11.142, Water Code, is amended to read
16-3 as follows:
16-4 Sec. 11.142. PERMIT EXEMPTIONS. (a) Without obtaining a
16-5 permit, a person may construct on the person's [his] own property a
16-6 dam or reservoir with normal storage of not more than 200 acre-feet
16-7 of water for domestic and livestock purposes.
16-8 (b) Without obtaining a permit, a person may construct on
16-9 the person's property a dam or reservoir with normal storage of not
16-10 more than 100 acre-feet of water for commercial and noncommercial
16-11 fish and wildlife purposes, other than aquaculture, if the property
16-12 on which the dam or reservoir will be constructed is qualified
16-13 open-space land, as defined by Section 23.51, Tax Code, on the
16-14 basis of its use for wildlife management. In this subsection,
16-15 "aquaculture" has the meaning assigned by Section 134.001,
16-16 Agriculture Code.
16-17 (c) Without obtaining a permit, a person who is drilling and
16-18 producing petroleum and conducting operations associated with
16-19 drilling and producing petroleum may take for those purposes state
16-20 water from the Gulf of Mexico and adjacent bays and arms of the
16-21 Gulf of Mexico in an amount not to exceed one acre-foot during each
16-22 24-hour period.
16-23 (d) [(c)] Without obtaining a permit, a person may construct
16-24 or maintain a reservoir for the sole purpose of sediment control as
16-25 part of a surface coal mining operation under the Texas Surface
16-26 Coal Mining and Reclamation Act (Chapter 134, Natural Resources
16-27 Code [Article 5920-11, Vernon's Texas Civil Statutes]).
17-1 SECTION 2.10. Section 11.146, Water Code, is amended by
17-2 adding Subsection (g) to read as follows:
17-3 (g) This section does not apply to a permit for construction
17-4 of a reservoir designed for the storage of more than 50,000
17-5 acre-feet of water.
17-6 SECTION 2.11. Section 11.147(b), Water Code, is amended to
17-7 read as follows:
17-8 (b) In its consideration of an application for a permit to
17-9 store, take, or divert water, the commission shall assess the
17-10 effects, if any, of the issuance of the permit on the bays and
17-11 estuaries of Texas. For permits issued within an area that is 200
17-12 river miles of the coast, to commence from the mouth of the river
17-13 thence inland, the commission shall include in the permit, to the
17-14 extent practicable when considering all public interests and the
17-15 studies mandated by Section 16.058 as evaluated under Section
17-16 11.1491, those conditions considered necessary to maintain
17-17 beneficial inflows to any affected bay and estuary system.
17-18 SECTION 2.12. Section 11.173(b), Water Code, is amended to
17-19 read as follows:
17-20 (b) A permit, certified filing, or certificate of
17-21 adjudication or a portion of a permit, certified filing, or
17-22 certificate of adjudication is exempt from cancellation under
17-23 Subsection (a) [of this section]:
17-24 (1) to the extent of the owner's participation in the
17-25 Conservation Reserve Program authorized by the Food Security Act,
17-26 Pub.L. No. 99-198, Secs. 1231-1236, 99 Stat. 1354, 1509-1514 (1985)
17-27 or a similar governmental program; [or]
18-1 (2) if a significant [any] portion of the water
18-2 authorized to be used pursuant to a permit, certified filing, or
18-3 certificate of adjudication has been used in accordance with a
18-4 specific recommendation for meeting a water need included in the
18-5 regional water plan approved pursuant to Section 16.053;
18-6 (3) if the permit, certified filing, or certificate of
18-7 adjudication:
18-8 (A) was obtained to meet demonstrated long-term
18-9 public water supply or electric generation needs as evidenced by a
18-10 water management plan developed by the holder; and
18-11 (B) is consistent with projections of future
18-12 water needs contained in the state water plan; or
18-13 (4) if the permit, certified filing, or certificate of
18-14 adjudication was obtained as the result of the construction of a
18-15 reservoir funded, in whole or in part, by the holder of the permit,
18-16 certified filing, or certificate of adjudication as part of the
18-17 holder's long-term water planning [of this code].
18-18 SECTION 2.13. Section 11.177(b), Water Code, is amended to
18-19 read as follows:
18-20 (b) In determining what constitutes reasonable diligence or
18-21 a justified nonuse as used in Subsection (a)(2) [of this section],
18-22 the commission shall give consideration to:
18-23 (1) whether sufficient water is available in the
18-24 source of supply to meet all or part of the appropriation during
18-25 the 10-year period of nonuse;
18-26 (2) whether the nonuse is justified by the holder's
18-27 participation in the federal Conservation Reserve Program or a
19-1 similar governmental program as provided by Section 11.173(b)(1)
19-2 [of this code];
19-3 (3) [whether the permit, certified filing, or
19-4 certificate of adjudication was obtained to meet demonstrated
19-5 long-term public water supply or electric generation needs as
19-6 evidenced by a water management plan developed by the holder and
19-7 consistent with projections of future water needs contained in the
19-8 state water plan;]
19-9 [(4) whether the permit, certified filing, or
19-10 certificate of adjudication was obtained as the result of the
19-11 construction of a reservoir funded, in whole or in part, by the
19-12 holder of the permit, certified filing, or certificate of
19-13 adjudication as part of the holder's long-term water planning;]
19-14 [(5)] whether the existing or proposed authorized
19-15 purpose and place of use are consistent with an approved regional
19-16 water plan as provided by Section 16.053 [of this code];
19-17 (4) [(6)] whether the permit, certified filing, or
19-18 certificate of adjudication has been deposited into the Texas Water
19-19 Bank as provided by Sections 15.7031 and 15.704 [of this code] or
19-20 whether it can be shown that the water right or water available
19-21 under the right is currently being made available for purchase
19-22 through private marketing efforts; or
19-23 (5) [(7)] whether the permit, certified filing, or
19-24 certificate of adjudication has been reserved to provide for
19-25 instream flows or bay and estuary inflows.
19-26 SECTION 2.14. Section 15.701(2), Water Code, is amended to
19-27 read as follows:
20-1 (2) "Depositor" means a person who deposits or has on
20-2 deposit a water right in the water bank or trust.
20-3 SECTION 2.15. Section 16.012, Water Code, is amended by
20-4 adding Subsections (l) and (m) to read as follows:
20-5 (l) The executive administrator shall obtain or develop
20-6 groundwater availability models for major and minor aquifers in
20-7 coordination with groundwater conservation districts and regional
20-8 water planning groups created under Section 16.053 that overlie the
20-9 aquifers. Modeling of major aquifers shall be completed not later
20-10 than October 1, 2004. On completing a groundwater availability
20-11 model for an aquifer, the executive administrator shall provide the
20-12 model to each groundwater conservation district and each regional
20-13 water planning group created under Section 16.053 overlying that
20-14 aquifer.
20-15 (m) The executive administrator may conduct surveys of
20-16 entities using groundwater and surface water at intervals
20-17 determined appropriate by the executive administrator to gather
20-18 data to be used for long-term water supply planning. Recipients of
20-19 the survey shall complete and return the survey to the executive
20-20 administrator. A person who fails to timely complete and return
20-21 the survey is not eligible for funding from the board for board
20-22 programs and is ineligible to obtain permits, permit amendments, or
20-23 permit renewals from the commission under Chapter 11. A person who
20-24 fails to complete and return the survey commits an offense that is
20-25 punishable as a Class C misdemeanor. Surveys obtained by the board
20-26 from nongovernmental entities are excepted from the requirements of
20-27 Section 552.021, Government Code, unless otherwise directed in
21-1 writing by the person completing the survey. This subsection does
21-2 not apply to survey information regarding windmills used for
21-3 domestic and livestock use.
21-4 SECTION 2.16. Sections 16.051(a), (d), (f), (g), and (h),
21-5 Water Code, are amended to read as follows:
21-6 (a) Not [No] later than January 5, 2002, and before the end
21-7 of each successive five-year period after that date [every five
21-8 years thereafter], the board shall adopt a comprehensive state
21-9 water plan that incorporates the regional water plans approved
21-10 under Section 16.053. The state water plan shall provide for the
21-11 orderly development, management, and conservation of water
21-12 resources and preparation for and response to drought conditions,
21-13 in order that sufficient water will be available at a reasonable
21-14 cost to ensure public health, safety, and welfare; further economic
21-15 development; and protect the agricultural and natural resources of
21-16 the entire state.
21-17 (d) The board, in coordination with the commission, the
21-18 Department of Agriculture, and the Parks and Wildlife Department,
21-19 shall adopt by rule guidance principles for the state water plan
21-20 which reflect the public interest of the entire state. When
21-21 adopting guidance principles, due consideration shall be given to
21-22 the protection of agriculture and the natural resources of the
21-23 state, the construction and improvement of surface water resources,
21-24 and the application of principles that result in voluntary
21-25 redistribution of water resources. The board shall review and
21-26 update the guidance principles, with input from the commission, the
21-27 Department of Agriculture, and the Parks and Wildlife Department,
22-1 as necessary but at least every five years to coincide with the
22-2 five-year cycle for adoption of a new water plan as described in
22-3 Subsection (a).
22-4 (f) The legislature may designate a[:]
22-5 [(1)] river or stream segment of unique ecological
22-6 value. This designation solely means that a state agency or
22-7 political subdivision of the state may not finance the actual
22-8 construction of a reservoir in a specific river or stream segment
22-9 designated by the legislature under this subsection.
22-10 (g) The legislature may designate a[; or]
22-11 [(2)] site of unique value for the construction of a
22-12 reservoir.
22-13 [(g)] A state agency or political subdivision of the state
22-14 may not obtain a fee title or an easement that would[:]
22-15 [(1) destroy the unique ecological value of a river or
22-16 stream segment designated by the legislature under Subsection (f)
22-17 of this section; or]
22-18 [(2)] significantly prevent the construction of a
22-19 reservoir on a site designated by the legislature under [Subsection
22-20 (f) of] this subsection [section].
22-21 (h) The board, the commission, or the Parks and Wildlife
22-22 Department or a political subdivision affected by an action taken
22-23 in violation of Subsection (f) or (g) [of this section] may bring a
22-24 cause of action to remedy or prevent the violation. A cause of
22-25 action brought under this subsection must be filed in a district
22-26 court in Travis County or in the county in which the action is
22-27 proposed or occurring.
23-1 SECTION 2.17. Sections 16.053(d) and (e), Water Code, are
23-2 amended to read as follows:
23-3 (d) The board shall provide guidelines for the consideration
23-4 of existing regional planning efforts by regional water planning
23-5 groups. The board shall provide guidelines for the format in which
23-6 information shall be presented in the regional water plans. The
23-7 board by rule shall require a holder of a surface water permit, a
23-8 certified filing, or a certificate of adjudication for surface
23-9 water, a holder of a permit for the export of groundwater from a
23-10 groundwater conservation district, a retail public water supplier,
23-11 a wholesale water provider, an irrigation district, and any other
23-12 person who is transporting groundwater or surface water 20 miles or
23-13 more to report to the board information on certain water pipelines
23-14 and other facilities that can be used for water conveyance.
23-15 Nothing in the initial planning effort shall prevent development of
23-16 a management plan or project where local or regional needs require
23-17 action prior to completion of the initial regional water plan under
23-18 this section.
23-19 (e) Each regional water planning group shall submit to the
23-20 board a regional water plan that:
23-21 (1) is consistent with the guidance principles for the
23-22 state water plan adopted by the board under Section 16.051(d);
23-23 (2) provides information based on data provided or
23-24 approved by the board in a format consistent with the guidelines
23-25 provided by the board under Subsection (d);
23-26 (3) identifies:
23-27 (A) each source of water supply in the regional
24-1 water planning area in accordance with the guidelines provided by
24-2 the board under Subsections (d) and (f);
24-3 (B) factors specific to each source of water
24-4 supply to be considered in determining whether to initiate a
24-5 drought response; [and]
24-6 (C) actions to be taken as part of the response;
24-7 and
24-8 (D) information on water pipelines and other
24-9 facilities that can be used for water conveyance, including, but
24-10 not limited to, currently used and abandoned oil, gas, and water
24-11 pipelines, as provided by board rules and guidelines;
24-12 (4) has specific provisions for water management
24-13 strategies to be used during a drought of record;
24-14 (5) includes but is not limited to consideration of
24-15 the following:
24-16 (A) any existing water or drought planning
24-17 efforts addressing all or a portion of the region;
24-18 (B) certified groundwater conservation district
24-19 management plans and other plans submitted under Section 16.054;
24-20 (C) all potentially feasible water management
24-21 strategies, including but not limited to improved conservation,
24-22 reuse, and management of existing water supplies, acquisition of
24-23 available existing water supplies, and development of new water
24-24 supplies;
24-25 (D) protection of existing water rights in the
24-26 region;
24-27 (E) opportunities for and the benefits of
25-1 developing regional water supply facilities or providing regional
25-2 management of water supply facilities;
25-3 (F) appropriate provision for environmental
25-4 water needs and for the effect of upstream development on the bays,
25-5 estuaries, and arms of the Gulf of Mexico and the effect of plans
25-6 on navigation;
25-7 (G) provisions in Section 11.085(k)(1) if
25-8 interbasin transfers are contemplated;
25-9 (H) voluntary transfer of water within the
25-10 region using, but not limited to, regional water banks, sales,
25-11 leases, options, subordination agreements, and financing
25-12 agreements; and
25-13 (I) emergency transfer of water under Section
25-14 11.139, including information on the part of each permit, certified
25-15 filing, or certificate of adjudication for nonmunicipal use in the
25-16 region that may be transferred without causing unreasonable damage
25-17 to the property of the nonmunicipal water rights holder; [and]
25-18 (6) identifies river and stream segments of unique
25-19 ecological value and sites of unique value for the construction of
25-20 reservoirs that the regional water planning group recommends for
25-21 protection under Section 16.051;
25-22 (7) assesses the impact of the plan on unique river
25-23 and stream segments identified in Subdivision (6) if the regional
25-24 water planning group determines that a site of unique ecological
25-25 value exists; and
25-26 (8) describes the impact of proposed water projects on
25-27 water quality.
26-1 SECTION 2.18. Section 16.053(h)(7), Water Code, is amended
26-2 to read as follows:
26-3 (7) The board may approve a regional water plan only
26-4 after it has determined that:
26-5 (A) [that] all interregional conflicts involving
26-6 that regional water planning area have been resolved;
26-7 (B) the plan includes water conservation
26-8 practices and drought management measures incorporating, at a
26-9 minimum, the provisions of Sections 11.1271 and 11.1272; and
26-10 (C) the plan is consistent with long-term
26-11 protection of the state's water resources, agricultural resources,
26-12 and natural resources as embodied in the guidance principles
26-13 adopted under Section 16.051(d).
26-14 SECTION 2.19. Section 16.053, Water Code, is amended by
26-15 amending Subsection (j) and adding Subsections (p) and (q) to read
26-16 as follows:
26-17 (j) The board may provide financial assistance to political
26-18 subdivisions under Subchapters E and F of this chapter, Subchapters
26-19 C, D, E, F, [and] J, O, and P, Chapter 15, and Subchapters D, I, K,
26-20 and L, Chapter 17, for water supply projects only if:
26-21 (1) the board determines that the needs to be
26-22 addressed by the project will be addressed in a manner that is
26-23 consistent with the state water plan; and
26-24 (2) beginning January 5, 2002, the board:
26-25 (A) has approved a regional water plan as
26-26 provided by Subsection (i), and any required updates of the plan,
26-27 for the region of the state that includes the area benefiting from
27-1 the proposed project; and
27-2 (B) determines that the needs to be addressed by
27-3 the project will be addressed in a manner that is consistent with
27-4 that regional water plan.
27-5 (p) If a groundwater conservation district files a petition
27-6 with the board stating that a conflict requiring resolution may
27-7 exist between the district's certified groundwater conservation
27-8 district management plan developed under Section 36.1071 and the
27-9 approved regional water plan, the board shall facilitate
27-10 coordination between the district and the involved region to
27-11 resolve the conflict. If conflict remains, the board shall resolve
27-12 the conflict. If the board determines that resolution of conflict
27-13 requires a revision of an approved regional water plan, the board
27-14 shall suspend the approval of that plan and provide information to
27-15 the regional water planning group. The regional water planning
27-16 group shall prepare any revisions to its plan specified by the
27-17 board and shall hold, after notice, at least one public hearing at
27-18 some central location within the regional water planning area. The
27-19 regional water planning group shall consider all public and board
27-20 comments, prepare, revise, and adopt its plan, and submit the
27-21 revised plan to the board for approval and inclusion in the state
27-22 water plan. If the board determines that resolution of conflict
27-23 requires a revision of the district's certified groundwater
27-24 conservation district management plan, the board shall suspend the
27-25 certification of that plan and provide information to the district.
27-26 The groundwater district shall prepare any revisions to its plan
27-27 specified by the board and shall hold, after notice, at least one
28-1 public hearing at some central location within the district. The
28-2 groundwater district shall consider all public and board comments,
28-3 prepare, revise, and adopt its plan, and submit the revised plan to
28-4 the board for certification. On the request of the involved region
28-5 or groundwater conservation district, the board shall include
28-6 discussion of the conflict and its resolution in the state water
28-7 plan that the board provides to the governor, the lieutenant
28-8 governor, and the speaker of the house of representatives under
28-9 Section 16.051(e).
28-10 (q) Each regional planning group shall examine the financing
28-11 needed to implement the water management strategies and projects
28-12 identified in the group's most recent approved regional plan and,
28-13 not later than June 1, 2002, shall report to the board regarding:
28-14 (1) how local governments, regional authorities, and
28-15 other political subdivisions in the region propose to pay for water
28-16 infrastructure projects identified in the plan; and
28-17 (2) what role the regional planning group proposes for
28-18 the state in financing projects identified in the plan, giving
28-19 particular attention to proposed increases in the level of state
28-20 participation in funding for regional projects to meet needs beyond
28-21 the reasonable financing capability of local governments, regional
28-22 authorities, and other political subdivisions involved in building
28-23 water infrastructure.
28-24 SECTION 2.20. Sections 16.054(a), (c), and (d), Water Code,
28-25 are amended to read as follows:
28-26 (a) Notwithstanding the provisions of this subsection,
28-27 groundwater districts are the state's preferred method of managing
29-1 groundwater resources. It is the policy of the state that water
29-2 resource management, water conservation, and drought planning
29-3 should occur on an ongoing basis. The board, commission, and Parks
29-4 and Wildlife Department shall make available where appropriate
29-5 technical and financial assistance for such planning. In addition,
29-6 the Department of Agriculture may provide input and assistance, as
29-7 appropriate, for local water [such] planning.
29-8 (c) When preparing a plan to be submitted under this
29-9 section, a person shall consider the implementation of a
29-10 desalination program if practicable.
29-11 (d) The regional water planning group shall consider any
29-12 plan submitted under this section when preparing the regional water
29-13 plan under Section 16.053 of this code. A political subdivision,
29-14 including a groundwater conservation district, in the regional
29-15 water planning area may request a regional water planning group to
29-16 consider specific changes to a regional water plan based on changed
29-17 conditions or new information. The regional water planning group
29-18 shall consider the request and shall amend its regional water plan
29-19 if it determines that an amendment is warranted. If the entity
29-20 requesting the change is dissatisfied with the decision of the
29-21 regional planning group, the entity may request that the board
29-22 review the decision and consider changing the state-approved
29-23 regional plan.
29-24 (e) After January 5, 2002, when [(d) When] preparing
29-25 individual water plans that address drought or the development,
29-26 management, or conservation of water resources from the holders of
29-27 existing permits, certified filings, or certificates of
30-1 adjudication, the water suppliers, [groundwater districts,] special
30-2 districts, irrigation districts, and other water users should
30-3 ensure that the plan is not in conflict with the applicable
30-4 approved regional water plan for their region.
30-5 SECTION 2.21. Section 35.002(11), Water Code, is amended to
30-6 read as follows:
30-7 (11) "Management area" means an area designated and
30-8 delineated by the Texas Water Development Board [commission] as an
30-9 area suitable for management of groundwater resources.
30-10 SECTION 2.22. Section 35.004, Water Code, is amended to read
30-11 as follows:
30-12 Sec. 35.004. DESIGNATION OF GROUNDWATER MANAGEMENT AREAS.
30-13 (a) The Texas Water Development Board, with assistance and
30-14 cooperation from the commission, shall designate groundwater
30-15 management areas covering all major and minor aquifers in the
30-16 state. The initial designation of groundwater management areas
30-17 shall be completed not later than September 1, 2003 [On its own
30-18 motion from time to time, or on receiving a petition, the
30-19 commission may designate groundwater management areas]. Each
30-20 groundwater management area shall be designated with the objective
30-21 of providing the most suitable area for the management of the
30-22 groundwater resources. To the extent feasible, the groundwater
30-23 management area shall coincide with the boundaries of a groundwater
30-24 reservoir or a subdivision of a groundwater reservoir. The Texas
30-25 Water Development Board [commission] also may consider other
30-26 factors, including the boundaries of political subdivisions.
30-27 (b) The commission may designate a groundwater management
31-1 area after September 1, 2001, for a petition filed and accepted by
31-2 the commission according to its rules in effect before September 1,
31-3 2001. The commission shall act on the designation in accordance
31-4 with this section [On the request of any person interested in the
31-5 petition, or on the request of the commission, the executive
31-6 director shall prepare available evidence relating to the
31-7 configuration of a groundwater management area. Before making the
31-8 designation, the commission shall consider the evidence prepared by
31-9 the executive director and other evidence submitted at the
31-10 hearing].
31-11 (c) The Texas Water Development Board [commission] may alter
31-12 the boundaries of designated management areas as required by future
31-13 conditions and as justified by factual data. An alteration of
31-14 boundaries does not invalidate the previous creation of any
31-15 district.
31-16 (d) The Texas Water Development Board [commission] shall
31-17 designate groundwater management areas using the procedures
31-18 applicable to rulemaking under [the Administrative Procedure Act,
31-19 Subchapter B,] Chapter 2001, Government Code.
31-20 SECTION 2.23. Sections 35.007(a) and (f), Water Code, are
31-21 amended to read as follows:
31-22 (a) The executive director and the executive administrator
31-23 shall meet periodically [at least once a year] to identify, based
31-24 on information gathered by the commission and the Texas Water
31-25 Development Board, those areas of the state that are experiencing
31-26 or that are expected to experience, within the immediately
31-27 following 25-year period, critical groundwater problems, including
32-1 shortages of surface water or groundwater, land subsidence
32-2 resulting from groundwater withdrawal, and contamination of
32-3 groundwater supplies. Not later than September 1, 2005, the
32-4 commission, with assistance and cooperation from the Texas Water
32-5 Development Board, shall complete the initial designation of
32-6 priority groundwater management areas across all major and minor
32-7 aquifers of the state for all areas that meet the criteria for that
32-8 designation. The studies may be prioritized considering
32-9 information from the regional planning process, information from
32-10 the Texas Water Development Board groundwater management areas and
32-11 from groundwater conservation districts, and any other information
32-12 available. After the initial designation of priority groundwater
32-13 management areas, the commission and the Texas Water Development
32-14 Board shall annually review the need for additional designations as
32-15 provided by this subsection.
32-16 (f) The report shall include:
32-17 (1) the recommended delineation of the boundaries of
32-18 any proposed priority groundwater management area in the form of an
32-19 order to be considered for adoption by the commission;
32-20 (2) the reasons and supporting information for or
32-21 against designating the area as a priority groundwater management
32-22 area;
32-23 (3) a recommendation regarding whether one or more
32-24 districts [a district] should be created in the priority
32-25 groundwater management area, [or] whether the priority groundwater
32-26 management area should be added to an existing district, or whether
32-27 a combination of those actions should be taken;
33-1 (4) a recommendation as to actions that should be
33-2 considered to conserve natural resources;
33-3 (5) an evaluation of information or studies submitted
33-4 to the executive director under Subsection (c); and
33-5 (6) any other information that the executive director
33-6 considers helpful to the commission.
33-7 SECTION 2.24. Section 35.008, Water Code, is amended to read
33-8 as follows:
33-9 Sec. 35.008. PROCEDURES FOR DESIGNATION OF PRIORITY
33-10 GROUNDWATER MANAGEMENT AREA; CONSIDERATION OF CREATION OF NEW
33-11 DISTRICT OR ADDITION OF LAND IN PRIORITY GROUNDWATER MANAGEMENT
33-12 AREA TO EXISTING DISTRICT; COMMISSION ORDER. (a) The commission
33-13 shall designate priority groundwater management areas using the
33-14 procedures provided by this chapter in lieu of those provided by
33-15 Subchapter B, Chapter 2001, Government Code.
33-16 (b) The commission shall call an evidentiary hearing to
33-17 consider:
33-18 (1) the designation of a priority groundwater
33-19 management area; and
33-20 (2) whether one or more districts [a district] should
33-21 be created over all or part of a priority groundwater management
33-22 area,[; or]
33-23 [(3)] whether all or part of the land in the priority
33-24 groundwater management area should be added to an existing
33-25 district, or whether a combination of those actions should be
33-26 taken.
33-27 (c) Evidentiary hearings shall be held at a location in one
34-1 of the counties in which the priority groundwater management area
34-2 is located, or proposed to be located, or in the nearest convenient
34-3 location if adequate facilities are not available in those
34-4 counties.
34-5 (d) At the hearing, the commission shall hear testimony and
34-6 receive evidence from affected persons. Affected persons include
34-7 landowners and well owners in the proposed priority groundwater
34-8 management area. The commission shall consider the executive
34-9 director's report and supporting information and the testimony and
34-10 evidence received at the hearing. If the commission considers
34-11 further information necessary, the commission may request such
34-12 information from any source.
34-13 (e) An evidentiary hearing shall be concluded not later than
34-14 the 75th day after the date notice of the hearing is published.
34-15 (f) At the conclusion of the hearing and the commission's
34-16 considerations, the commission shall issue an order stating its
34-17 findings and conclusions, including whether a priority groundwater
34-18 management area should be designated in the area and
34-19 recommendations regarding district creation required by Subsection
34-20 (g).
34-21 (g) The commission's order designating a priority
34-22 groundwater management area must recommend that the area be covered
34-23 by a district in one of the following ways, according to which
34-24 action is most feasible and practicable:
34-25 (1) creation of one or more new districts;
34-26 (2) addition of the land in the priority groundwater
34-27 management area to one or more existing districts; or
35-1 (3) a combination of actions under Subdivisions (1)
35-2 and (2).
35-3 (h) In recommending the boundaries of a district or
35-4 districts under Subsection (g), the commission shall give
35-5 preference to boundaries that are coterminous with those of the
35-6 priority groundwater management area, but may recommend district
35-7 boundaries along existing political subdivision boundaries at the
35-8 discretion of the commission to facilitate district creation and
35-9 confirmation.
35-10 (i) [(e)] The designation of a priority groundwater
35-11 management area may not be appealed nor may it be challenged under
35-12 Section 5.351 of this code or [the Administrative Procedure Act,]
35-13 Section 2001.038, Government Code.
35-14 SECTION 2.25. Sections 35.009(a) and (b), Water Code, are
35-15 amended to read as follows:
35-16 (a) The commission shall have notice of the hearing
35-17 published in at least one newspaper with general circulation in the
35-18 county or counties in which the area proposed for designation as a
35-19 priority groundwater management area [or the area within a priority
35-20 groundwater management area being considered for district creation
35-21 or for addition to an existing district] is located. Notice must
35-22 be published not later than the 30th day before the date set for
35-23 the hearing [commission to consider the designation of the priority
35-24 groundwater management area, the creation of a district in a
35-25 priority groundwater management area, or the addition of land in a
35-26 priority groundwater management area to an existing district].
35-27 (b) The notice must include:
36-1 (1) if applicable, a statement of the general purpose
36-2 and effect of designating the proposed priority groundwater
36-3 management area;
36-4 (2) if applicable, a statement of the general purpose
36-5 and effect of creating a new district in the priority groundwater
36-6 management area;
36-7 (3) if applicable, a statement of the general purpose
36-8 and effect of adding all or part of the land in the priority
36-9 groundwater management area to an existing district;
36-10 (4) a map generally outlining the boundaries of the
36-11 area being considered for priority groundwater management area
36-12 designation [or the priority groundwater management area being
36-13 considered for district creation or for addition to an existing
36-14 district,] or notice of the location at which a copy of the map may
36-15 be examined or obtained;
36-16 (5) a statement that the executive director's report
36-17 concerning the priority groundwater management area or proposed
36-18 area is available at the commission's main office in Austin, Texas,
36-19 and at regional offices of the commission for regions which include
36-20 territory within the priority groundwater management area or
36-21 proposed priority groundwater management area and that the report
36-22 is available for inspection during regular business hours;
36-23 (6) a description or the name of the locations in the
36-24 affected area at which the commission has provided copies of the
36-25 executive director's report to be made available for public
36-26 inspection;
36-27 (7) the name and address of each public library, each
37-1 county clerk's office, and each district to which the commission
37-2 has provided copies of the executive director's report; and
37-3 (8) the date, time, and place of the hearing.
37-4 SECTION 2.26. Section 35.012, Water Code, is amended to read
37-5 as follows:
37-6 Sec. 35.012. CREATION OF DISTRICT IN PRIORITY GROUNDWATER
37-7 MANAGEMENT AREA [COMMISSIONER ORDER]. (a) [At the conclusion of
37-8 its hearing and considerations, the commission shall issue an order
37-9 stating its findings and conclusions.]
37-10 [(b) If the commission finds that the land and other
37-11 property in the priority groundwater management area would benefit
37-12 from the creation of one or more districts, that there is a public
37-13 need for one or more districts, and that the creation of one or
37-14 more districts would further the public welfare, the commission
37-15 shall issue an order stating that the creation of one or more
37-16 districts is needed.]
37-17 [(c)] Following the issuance of a commission order under
37-18 Section 35.008 designating a priority groundwater management area
37-19 and recommending the creation of one or more districts, or the
37-20 addition of land to an existing district [Subsection (b)], the
37-21 landowners in the priority groundwater management area may:
37-22 (1) create one or more districts under Subchapter B,
37-23 Chapter 36;
37-24 (2) have the area annexed to a district that adjoins
37-25 the area; or
37-26 (3) create one or more districts through the
37-27 legislative process.
38-1 (b) Within two years, but not sooner than the 120th day
38-2 after the date on which the commission issues an order under
38-3 Section 35.008 designating a priority groundwater management area,
38-4 for those areas that are not within a district the commission
38-5 shall:
38-6 (1) create one or more new districts under Section
38-7 36.0151;
38-8 (2) recommend that the areas, or a portion of the
38-9 areas, be added to an existing district under Section 35.013; or
38-10 (3) take any combination of the actions under
38-11 Subdivisions (1) and (2).
38-12 (c) Following the issuance of a commission order under
38-13 Section 35.008 [(d) The commission shall identify the areas
38-14 subject to the order of the commission issued under Subsection (b)
38-15 that have not been incorporated into a district and shall delineate
38-16 proposed boundaries of a district to include those areas. If the
38-17 commission proposes the creation of one or more districts], the
38-18 Texas Agricultural Extension Service shall begin an educational
38-19 program within such areas with the assistance and cooperation of
38-20 the Texas Water Development Board, the commission, the Department
38-21 of Agriculture, other state agencies, and existing districts to
38-22 inform the residents of the status of the area's water resources
38-23 and management options including possible formation of a district[,
38-24 before beginning the procedures for creation of a district provided
38-25 in Subchapter B, Chapter 36]. The county commissioners court of
38-26 each county in the priority groundwater management area shall form
38-27 a steering committee to provide assistance to the Texas
39-1 Agricultural Extension Service in accomplishing the goals of the
39-2 education program within the area.
39-3 [(e) If the commission fails to find that the district would
39-4 be a benefit to the land and other property within the priority
39-5 groundwater management area, that there is a public need for the
39-6 district, or that creation of the district will further the public
39-7 welfare, the commission shall issue an order stating that a
39-8 district should not be created within the boundaries of the
39-9 priority groundwater management area.]
39-10 [(f) An order of the commission issued under this section
39-11 may not be appealed.]
39-12 SECTION 2.27. Section 35.013, Water Code, is amended to read
39-13 as follows:
39-14 Sec. 35.013. ADDING PRIORITY GROUNDWATER MANAGEMENT AREA TO
39-15 EXISTING DISTRICT. (a) [If land in a priority groundwater
39-16 management area is located adjacent to one or more existing
39-17 districts, the commission, instead of issuing an order under
39-18 Section 35.012, may issue an order recommending that the priority
39-19 groundwater management area be added to the existing district
39-20 designated by the commission. In its order, the commission must
39-21 find that the land and other property in the priority groundwater
39-22 management area and the land in the existing district will benefit
39-23 from the addition of the area, that there is a public need to add
39-24 the priority groundwater management area to the existing district,
39-25 and that the addition of the land to the existing district would
39-26 further the public welfare.]
39-27 [(b)] If the commission in its order under Section 35.008
40-1 [executive director] recommends that the priority groundwater
40-2 management area or a portion of the priority groundwater management
40-3 area be added to an existing district [or if the commission
40-4 considers it possible to add the priority groundwater management
40-5 area to an adjacent existing district], the commission shall give
40-6 notice to the board of the existing district recommended in its
40-7 order [by the executive director or considered by the commission to
40-8 possibly serve the area] and to any other existing districts
40-9 adjacent to the priority groundwater management area.
40-10 (b) [(c)] The commission shall submit a copy of the order to
40-11 the board of the district to which it is recommending the priority
40-12 groundwater management area be added. The board shall vote on the
40-13 addition of the priority groundwater management area to the
40-14 district and shall advise the commission of the outcome.
40-15 (c) [(d)] If the board votes to accept the addition of the
40-16 priority groundwater management area to the district, the board:
40-17 (1) may request the Texas Agricultural Extension
40-18 Service, the commission, and the Texas Water Development Board,
40-19 with the cooperation and assistance of the Department of
40-20 Agriculture and other state agencies, to administer an educational
40-21 program to inform the residents of the status of the area's water
40-22 resources and management options including possible annexation into
40-23 a district;
40-24 (2) shall call an election within the priority
40-25 groundwater management area, or portion of the priority groundwater
40-26 management area, as delineated by the commission to determine if
40-27 the priority groundwater management area will be added to the
41-1 district; and
41-2 (3) shall designate election precincts and polling
41-3 places for the elections in the order calling an election under
41-4 this subsection.
41-5 (d) [(e)] The board shall give notice of the election and
41-6 the proposition to be voted on. The board shall publish notice of
41-7 the election at least one time in one or more newspapers with
41-8 general circulation within the boundaries of the priority
41-9 groundwater management area. The notice must be published before
41-10 the 30th day preceding the date set for the election.
41-11 (e) [(f)] The ballots for the election shall be printed to
41-12 provide for voting for or against the proposition: "The inclusion
41-13 of _________________________ (briefly describe priority groundwater
41-14 management area) in the ______________ District." If the district
41-15 has outstanding debts or taxes, the proposition shall include the
41-16 following language: "and assumption by the described area of a
41-17 proportional share of the debts or taxes of the district."
41-18 (f) [(g)] Immediately after the election, the presiding
41-19 judge of each polling place shall deliver the returns of the
41-20 election to the board, and the board shall canvass the returns for
41-21 the election within the priority groundwater management area and
41-22 declare the results. If a majority of the voters in the priority
41-23 groundwater management area voting on the proposition vote in favor
41-24 of the proposition, the board shall declare that the priority
41-25 groundwater management area is added to the district. If a
41-26 majority of the voters in the priority groundwater management area
41-27 voting on the proposition vote against adding the priority
42-1 groundwater management area to the district, the board shall
42-2 declare that the priority groundwater management area is not added
42-3 to the district. The board shall file a copy of the election
42-4 results with the commission.
42-5 (g) [(h)] If the voters approve adding the priority
42-6 groundwater management area to the district, the board of the
42-7 district to which the priority groundwater management area is added
42-8 shall provide reasonable representation on that board compatible
42-9 with the district's existing scheme of representation. Not later
42-10 than the 30th day after the date on which the board declares that
42-11 the priority groundwater management area is added to the district,
42-12 the board of the existing district shall appoint a person or
42-13 persons to represent the area until the next regularly scheduled
42-14 election or appointment of directors.
42-15 (h) [(i)] If the proposition is defeated, or if the board of
42-16 the existing district votes not to accept the addition of the area
42-17 to the district, then the commission shall, except as provided
42-18 under Subsection (i), create under Section 36.0151 one or more
42-19 districts covering the priority groundwater management area not
42-20 later than the first anniversary of the date on which the
42-21 proposition is defeated or the board votes not to accept the area.
42-22 (i) For an area that is not feasible for the creation of one
42-23 or more districts as determined in the commission's findings under
42-24 Section 35.008, the commission shall include in its report under
42-25 Section 35.018 recommendations for the future management of the
42-26 priority groundwater management area.
42-27 (j) Another [another] election to add the priority
43-1 groundwater management area to an existing district may not be
43-2 called before the first anniversary of the date on which the
43-3 election on the proposition was held.
43-4 SECTION 2.28. Section 35.018(c), Water Code, is amended to
43-5 read as follows:
43-6 (c) If the commission determines that a district created
43-7 under Chapter 36 is not appropriate for, or capable of, the
43-8 protection of the groundwater resources for a particular management
43-9 area or priority groundwater management area, the commission may
43-10 recommend in its report to the legislature the creation of a
43-11 special district or amendment of an existing district. [(1) If
43-12 voters fail to create a groundwater district in a priority
43-13 groundwater management area or if voters fail to add the priority
43-14 groundwater management area to an existing groundwater district,
43-15 the report shall include recommendations for the future management
43-16 of the priority groundwater management area. The recommendations
43-17 may include but are not limited to the following:]
43-18 [(A) creation of a groundwater district by the
43-19 legislature;]
43-20 [(B) annexation of a priority groundwater
43-21 management area into an existing district by the legislature; or]
43-22 [(C) management of the priority groundwater
43-23 management area by the nearest regional office of the commission.
43-24 The commission may be authorized to:]
43-25 [(i) adopt spacing and annual per acre
43-26 pumping restrictions;]
43-27 [(ii) issue well permits in accordance
44-1 with Sections 36.113 and 36.1131;]
44-2 [(iii) prevent waste and protect the
44-3 quality of groundwater in accordance with Sections
44-4 36.001(8)(A)-(G);]
44-5 [(iv) levy administrative penalties for
44-6 violations; and]
44-7 [(v) collect fees in accordance with
44-8 Sections 36.206(a) and (b).]
44-9 [(2) If the commission is required by the legislature
44-10 to manage the priority groundwater management area, a new election
44-11 may not be called for three years from the date of the last
44-12 election.]
44-13 SECTION 2.29. Section 36.001, Water Code, is amended by
44-14 amending Subdivision (13) and adding Subdivisions (18) through (22)
44-15 to read as follows:
44-16 (13) "Management area" means an area designated and
44-17 delineated by the Texas Water Development Board [commission] under
44-18 Chapter 35 as an area suitable for management of groundwater
44-19 resources.
44-20 (18) "River basin" means a river or coastal basin
44-21 designated as a river basin by the board under Section 16.051. The
44-22 term does not include waters of the bays or arms originating in the
44-23 Gulf of Mexico.
44-24 (19) "Agriculture" means any of the following
44-25 activities:
44-26 (A) cultivating the soil to produce crops for
44-27 human food, animal feed, or planting seed or for the production of
45-1 fibers;
45-2 (B) the practice of floriculture, viticulture,
45-3 silviculture, and horticulture, including the cultivation of plants
45-4 in containers or nonsoil media, by a nursery grower;
45-5 (C) raising, feeding, or keeping animals for
45-6 breeding purposes or for the production of food or fiber, leather,
45-7 pelts, or other tangible products having a commercial value;
45-8 (D) planting cover crops, including cover crops
45-9 cultivated for transplantation, or leaving land idle for the
45-10 purpose of participating in any governmental program or normal crop
45-11 or livestock rotation procedure;
45-12 (E) wildlife management; and
45-13 (F) raising or keeping equine animals.
45-14 (20) "Agricultural use" means any use or activity
45-15 involving agriculture, including irrigation.
45-16 (21) "Conjunctive use" means the combined use of
45-17 groundwater and surface water sources that optimizes the beneficial
45-18 characteristics of each source.
45-19 (22) "Nursery grower" means a person who grows more
45-20 than 50 percent of the products that the person either sells or
45-21 leases, regardless of the variety sold, leased, or grown. For the
45-22 purpose of this definition, "grow" means the actual cultivation or
45-23 propagation of the product beyond the mere holding or maintaining
45-24 of the item prior to sale or lease and typically includes
45-25 activities associated with the production or multiplying of stock
45-26 such as the development of new plants from cuttings, grafts, plugs,
45-27 or seedlings.
46-1 SECTION 2.30. Section 36.0015, Water Code, is amended to read
46-2 as follows:
46-3 Sec. 36.0015. PURPOSE. In order to provide for the
46-4 conservation, preservation, protection, recharging, and prevention
46-5 of waste of groundwater, and of groundwater reservoirs or their
46-6 subdivisions, and to control subsidence caused by withdrawal of
46-7 water from those groundwater reservoirs or their subdivisions,
46-8 consistent with the objectives of Section 59, Article XVI, Texas
46-9 Constitution, groundwater conservation districts may be created as
46-10 provided by this chapter. Groundwater conservation districts
46-11 created as provided by this chapter are the state's preferred
46-12 method of groundwater management through rules developed, adopted,
46-13 and promulgated by a district in accordance with the provisions of
46-14 this chapter.
46-15 SECTION 2.31. Section 36.002, Water Code, is amended to read
46-16 as follows:
46-17 Sec. 36.002. OWNERSHIP OF GROUNDWATER. The ownership and
46-18 rights of the owners of the land and their lessees and assigns in
46-19 groundwater are hereby recognized, and nothing in this code shall
46-20 be construed as depriving or divesting the owners or their lessees
46-21 and assigns of the ownership or rights, except as those rights may
46-22 be limited or altered by [subject to] rules promulgated by a
46-23 district.
46-24 SECTION 2.32. Section 36.011(b), Water Code, is amended to
46-25 read as follows:
46-26 (b) The commission has exclusive jurisdiction over the
46-27 [delineation of management areas and the] creation of districts.
47-1 SECTION 2.33. Section 36.012, Water Code, is amended by
47-2 adding Subsection (f) to read as follows:
47-3 (f) This section does not apply to districts created under
47-4 Section 36.0151.
47-5 SECTION 2.34. Section 36.013, Water Code, is amended to read
47-6 as follows:
47-7 Sec. 36.013. PETITION TO CREATE DISTRICT. (a) A petition
47-8 requesting creation of a district must be filed with the commission
47-9 [executive director] for review and certification under Section
47-10 36.015 [submission to the commission].
47-11 (b) The petition filed pursuant to this section must be
47-12 signed by:
47-13 (1) a majority of the landowners within the proposed
47-14 district, as indicated by the county tax rolls; or
47-15 (2) if there are more than 50 landowners in the
47-16 proposed district, at least 50 of those landowners.
47-17 (c) The petition must include:
47-18 (1) the name of the proposed district;
47-19 (2) the area and boundaries of the proposed district,
47-20 including a map generally outlining the boundaries of the proposed
47-21 district;
47-22 (3) the purpose or purposes of the district;
47-23 (4) a statement of the general nature of any projects
47-24 proposed to be undertaken by the district, the necessity and
47-25 feasibility of the work, and the estimated costs of those projects
47-26 according to the persons filing the projects if the projects are to
47-27 be funded by the sale of bonds or notes; [and]
48-1 (5) the names of at least five individuals qualified
48-2 to serve as temporary directors; and
48-3 (6) financial information, including the projected
48-4 maintenance tax or production fee rate and a proposed budget of
48-5 revenues and expenses for the district [any additional terms or
48-6 conditions that restrict the powers of the district from those
48-7 provided in this chapter].
48-8 [(d) If a part of the proposed district is not included
48-9 within either a management area or a priority groundwater
48-10 management area, the petition to create a district may also contain
48-11 a request to create a management area. A request to create a
48-12 management area must comply with the requirements for a petition in
48-13 Section 35.005, and may be acted on by the commission separately
48-14 from the petition to create the district.]
48-15 SECTION 2.35. Section 36.014, Water Code, is amended to read
48-16 as follows:
48-17 Sec. 36.014. NOTICE AND PUBLIC MEETING [HEARING] ON DISTRICT
48-18 CREATION. (a) If a petition is filed under Section 36.013, the
48-19 commission shall give notice of the [an] application [as required
48-20 by Section 49.011(a)] and shall [may] conduct a public meeting in a
48-21 central location within the area of the proposed district [hearing]
48-22 on the application not later than the 60th day after the date the
48-23 commission issues notice [if the commission determines that a
48-24 hearing is necessary under Section 49.011]. The notice must
48-25 contain the date, time, and location of the public meeting and must
48-26 be published in one or more newspapers of general circulation in
48-27 the area of the proposed district.
49-1 (b) At the public meeting, the commission shall receive
49-2 comments from interested persons. [If the petition contains a
49-3 request to create a management area in all or part of the proposed
49-4 district, the notice must also be given in accordance with the
49-5 requirements in Section 35.006 for the designation of management
49-6 areas.]
49-7 SECTION 2.36. Section 36.015, Water Code, is amended to read
49-8 as follows:
49-9 Sec. 36.015. COMMISSION CERTIFICATION AND ORDER. (a) Not
49-10 later than the 90th day after the date the commission holds a
49-11 public meeting on a petition under Section 36.014, the commission
49-12 shall certify the petition if the petition is administratively
49-13 complete. A petition is administratively complete if it complies
49-14 with the requirements of Sections 36.013(b) and (c).
49-15 (b) The commission may not certify a petition if the
49-16 commission finds that the boundaries of the proposed district may
49-17 not allow for effective management of the groundwater resources.
49-18 The commission shall give preference to boundary lines that are
49-19 coterminous with those of a groundwater management area but may
49-20 also consider boundaries along existing political subdivision
49-21 boundaries if those boundaries would facilitate district creation
49-22 and confirmation.
49-23 (c) If a petition proposes the creation of a district in an
49-24 area, in whole or in part, that has not been designated as a
49-25 management area, the commission shall provide notice to the Texas
49-26 Water Development Board. On the receipt of notice from the
49-27 commission, the Texas Water Development Board shall initiate the
50-1 process of designating a management area for the area of the
50-2 proposed district not included in a management area. The
50-3 commission may not certify the petition until the Texas Water
50-4 Development Board has adopted a rule whereby the boundaries of the
50-5 proposed district are coterminous with or inside the boundaries of
50-6 a management area.
50-7 (d) If the commission does not certify the petition, the
50-8 commission shall provide to the petitioners, in writing, the
50-9 reasons for not certifying the petition. The petitioners may
50-10 resubmit the petition, without paying an additional fee, if the
50-11 petition is resubmitted within 90 days after the date the
50-12 commission sends the notice required by this subsection.
50-13 (e) If the commission certifies the petition as
50-14 administratively complete, the commission shall issue an order,
50-15 notify the petitioners, and appoint temporary directors as provided
50-16 by Section 36.016.
50-17 (f) Refusal by the commission to certify a petition to
50-18 create a district does not invalidate or affect the designation of
50-19 any management area. [FINDINGS. (a) If the commission finds that
50-20 a district is feasible and practicable, that it would be a benefit
50-21 to the land in the district, and that it would be a public benefit
50-22 or utility, the commission shall issue an order containing these
50-23 findings granting the petition.]
50-24 [(b) If the commission finds that a district is not feasible
50-25 and practicable, that it would not be a benefit to the land in the
50-26 district, that it would not be a public benefit or utility, or that
50-27 it is not needed, the commission by order shall deny the petition.]
51-1 [(c) The commission may adjust the boundaries of the
51-2 proposed district to exclude any land that would not be benefited
51-3 by inclusion in the district and is not necessary to the district
51-4 for proper regulation of the groundwater reservoir.]
51-5 [(d) If the commission grants the petition to create the
51-6 district, it shall direct in its order creating the district that
51-7 an election be called by the temporary directors to confirm the
51-8 creation of the district and to elect permanent directors.]
51-9 [(e) The refusal to grant a petition to create a district
51-10 does not invalidate or affect the designation of any management
51-11 area requested in the same petition.]
51-12 [(f) The commission shall act on the petition within a
51-13 reasonable amount of time.]
51-14 SECTION 2.37. Section 36.0151(a), Water Code, is amended to
51-15 read as follows:
51-16 (a) If the commission is required to create [proposes that]
51-17 a district [be created] under Section 35.012(b) [35.012(d)], it
51-18 shall, without an evidentiary hearing, issue an order creating the
51-19 district and shall provide in its order [creating the district
51-20 provide] that temporary directors be appointed under Section 36.016
51-21 and that an election be called by the temporary directors to
51-22 authorize the district to assess taxes [confirm the creation of the
51-23 district] and to elect permanent directors.
51-24 SECTION 2.38. Section 36.016(a), Water Code, is amended to
51-25 read as follows:
51-26 (a) If the commission certifies [grants] a petition to
51-27 create a district under Section 36.015, the commission shall
52-1 appoint the temporary directors named in the petition. If [or
52-2 after] the commission dissolves a district's board under Section
52-3 36.303, it shall appoint five temporary directors.
52-4 SECTION 2.39. Section 36.017, Water Code, is amended by
52-5 amending the section heading and Subsections (a), (d), and (g) and
52-6 adding Subsection (i) to read as follows:
52-7 Sec. 36.017. CONFIRMATION AND DIRECTORS' ELECTION FOR
52-8 DISTRICT IN A MANAGEMENT AREA. (a) For a district created under
52-9 Section 36.015, not [Not] later than the 120th [60th] day after the
52-10 date all temporary directors have been appointed and have
52-11 qualified, the temporary directors shall meet and order an election
52-12 to be held within the boundaries of the proposed district to
52-13 approve the creation of the district and to elect permanent
52-14 directors.
52-15 (d) The ballot for the election must be printed to provide
52-16 for voting for or against the proposition: "The creation of the
52-17 _________________ Groundwater Conservation District." If the
52-18 district levies a maintenance tax for payment of its expenses, then
52-19 an additional [the] proposition shall be included with [include]
52-20 the following language: "The [and the] levy of a maintenance tax
52-21 at a rate not to exceed ______ cents for each $100 of assessed
52-22 valuation." The same ballot or another ballot must provide for the
52-23 election of permanent directors, in accordance with Section 36.059.
52-24 (g) If a majority of the votes cast at the election are
52-25 against the creation of the district, the temporary board shall
52-26 declare the district defeated and shall enter the result in its
52-27 minutes. The temporary board shall continue operations in
53-1 accordance with Subsection (h).
53-2 (i) If a majority of the votes cast at the election are
53-3 against the levy of a maintenance tax, the district shall set
53-4 production fees to pay for the district's regulation of groundwater
53-5 in the district, including fees based on the amount of water to be
53-6 withdrawn from a well.
53-7 SECTION 2.40. Subchapter B, Chapter 36, Water Code, is
53-8 amended by adding Section 36.0171 to read as follows:
53-9 Sec. 36.0171. TAX AUTHORITY AND DIRECTORS' ELECTION FOR
53-10 DISTRICT IN A PRIORITY GROUNDWATER MANAGEMENT AREA. (a) For a
53-11 district created under Section 36.0151, not later than the 120th
53-12 day after the date all temporary directors have been appointed and
53-13 have qualified, the temporary directors shall meet and order an
53-14 election to be held within the boundaries of the proposed district
53-15 to authorize the district to assess taxes and to elect permanent
53-16 directors.
53-17 (b) In the order calling the election, the temporary
53-18 directors shall designate election precincts and polling places for
53-19 the election. In designating the polling places, the temporary
53-20 directors shall consider the needs of all voters for conveniently
53-21 located polling places.
53-22 (c) The temporary directors shall publish notice of the
53-23 election at least once in at least one newspaper with general
53-24 circulation within the boundaries of the proposed district. The
53-25 notice must be published before the 30th day preceding the date of
53-26 the election.
53-27 (d) The ballot for the election must be printed to provide
54-1 for voting for or against the proposition: "The levy of a
54-2 maintenance tax by the ___________________ Groundwater Conservation
54-3 District at a rate not to exceed ______ cents for each $100 of
54-4 assessed valuation." The same ballot or another ballot must
54-5 provide for the election of permanent directors, in accordance with
54-6 Section 36.059.
54-7 (e) Immediately after the election, the presiding judge of
54-8 each polling place shall deliver the returns of the election to the
54-9 temporary board, and the board shall canvass the returns, declare
54-10 the result, and turn over the operations of the district to the
54-11 elected permanent directors. The board shall file a copy of the
54-12 election result with the commission.
54-13 (f) If a majority of the votes cast at the election favor
54-14 the levy of a maintenance tax, the temporary board shall declare
54-15 the levy approved and shall enter the result in its minutes.
54-16 (g) If a majority of the votes cast at the election are
54-17 against the levy of a maintenance tax, the temporary board shall
54-18 declare the levy defeated and shall enter the result in its
54-19 minutes.
54-20 (h) If the majority of the votes cast at the election are
54-21 against the levy of a maintenance tax, the district shall set
54-22 permit fees to pay for the district's regulation of groundwater in
54-23 the district, including fees based on the amount of water to be
54-24 withdrawn from a well.
54-25 SECTION 2.41. Section 36.019, Water Code, is amended to read
54-26 as follows:
54-27 Sec. 36.019. CONFIRMATION ELECTION IN DISTRICT INCLUDING
55-1 LAND IN MORE THAN ONE COUNTY. (a) A district, the major portion
55-2 of which is located in one county, may not be organized to include
55-3 land in another county unless the election held in the other county
55-4 to confirm and ratify the creation of the district is approved by a
55-5 majority of the voters of the other county voting in an election
55-6 called for that purpose.
55-7 (b) This section does not apply to districts created under
55-8 Section 36.0151.
55-9 SECTION 2.42. Section 36.060(a), Water Code, is amended to
55-10 read as follows:
55-11 (a) A director is entitled to receive fees of office of not
55-12 more than $150 [$100] a day for each day the director actually
55-13 spends performing the duties of a director. The fees of office may
55-14 not exceed $9,000 [$6,000] a year.
55-15 SECTION 2.43. Section 36.066(g), Water Code, is amended to
55-16 read as follows:
55-17 (g) If the district prevails in any suit other than a suit
55-18 in which it voluntarily intervenes, the district may seek and the
55-19 court shall grant [it may], in the same action, recovery [recover
55-20 reasonable fees] for attorney's fees [attorneys], costs for expert
55-21 witnesses, and other costs incurred by the district before the
55-22 court. The amount of the attorney's fees shall be fixed by the
55-23 court.
55-24 SECTION 2.44. Section 36.101(a), Water Code, is amended to
55-25 read as follows:
55-26 (a) A district may make and enforce rules to provide for
55-27 conserving, preserving, protecting, and recharging of the
56-1 groundwater or of a groundwater reservoir or its subdivisions in
56-2 order to control subsidence, prevent degradation of water quality,
56-3 or prevent waste of groundwater and to carry out the powers and
56-4 duties provided by this chapter.
56-5 SECTION 2.45. Sections 36.102(b) and (d), Water Code, are
56-6 amended to read as follows:
56-7 (b) The board by rule may set reasonable civil penalties for
56-8 breach of any rule of the district [that shall] not to exceed
56-9 $5,000 per day per violation, and each day of a continuing
56-10 violation constitutes a separate violation [the jurisdiction of a
56-11 justice court as provided by Section 27.031, Government Code]. In
56-12 addition to this penalty or any other penalty provided by law, the
56-13 district may seek and the court shall grant a penalty equal to 115
56-14 percent of the economic benefit gained from the violation.
56-15 (d) If the district prevails in any suit to enforce its
56-16 rules, the district may seek and the court shall grant [it may], in
56-17 the same action, recovery [recover reasonable fees] for attorney's
56-18 fees [attorneys], costs for expert witnesses, and other costs
56-19 incurred by the district before the court. The amount of the
56-20 attorney's fees shall be fixed by the court.
56-21 SECTION 2.46. Section 36.1071, Water Code, is amended by
56-22 amending Subsections (a) and (b) and adding Subsection (h) to read
56-23 as follows:
56-24 (a) Following notice and hearing, the district shall, in
56-25 coordination with surface water management entities on a regional
56-26 basis, develop a comprehensive management plan which addresses the
56-27 following management goals, as applicable:
57-1 (1) providing the most efficient use of groundwater;
57-2 (2) controlling and preventing waste of groundwater;
57-3 (3) controlling and preventing subsidence;
57-4 (4) addressing conjunctive surface water management
57-5 issues; [and]
57-6 (5) addressing natural resource issues;
57-7 (6) addressing drought conditions; and
57-8 (7) addressing conservation.
57-9 (b) After January 5, 2002, a [A] district management plan,
57-10 or any amendments to a district management plan, shall be developed
57-11 by the district using the district's best available data and
57-12 forwarded to the regional water planning group for consideration in
57-13 their planning process [adopted after the Texas Water Development
57-14 Board approval of a regional water plan for the region in which the
57-15 district is located shall be consistent with the regional water
57-16 plan].
57-17 (h) In developing its management plan, the district shall
57-18 use the groundwater availability modeling information provided by
57-19 the executive administrator in conjunction with any available
57-20 site-specific information provided by the district and acceptable
57-21 to the executive administrator.
57-22 SECTION 2.47. Section 36.1072, Water Code, is amended by
57-23 adding Subsection (g) to read as follows:
57-24 (g) In this subsection, "board" means the Texas Water
57-25 Development Board. A person with a legally defined interest in
57-26 groundwater in a district or the regional water planning group may
57-27 file a petition with the board stating that a conflict requiring
58-1 resolution may exist between the district's certified groundwater
58-2 conservation district management plan developed under Section
58-3 36.1071 and the state water plan. If a conflict exists, the board
58-4 shall facilitate coordination between the involved person or
58-5 regional water planning group and the district to resolve the
58-6 conflict. If conflict remains, the board shall resolve the
58-7 conflict. The board action under this provision may be
58-8 consolidated, at the option of the board, with related action under
58-9 Section 16.053(p). If the board determines that resolution of the
58-10 conflict requires a revision of the certified groundwater
58-11 conservation district management plan, the board shall suspend the
58-12 certification of the plan and provide information to the district.
58-13 The district shall prepare any revisions to the plan specified by
58-14 the board and shall hold, after notice, at least one public hearing
58-15 at some central location within the district. The district shall
58-16 consider all public and board comments, prepare, revise, and adopt
58-17 its plan, and submit the revised plan to the board for
58-18 certification. On the request of the district or the regional
58-19 water planning group, the board shall include discussion of the
58-20 conflict and its resolution in the state water plan that the board
58-21 provides to the governor, the lieutenant governor, and the speaker
58-22 of the house of representatives under Section 16.051(e).
58-23 SECTION 2.48. Section 36.108, Water Code, is amended to read
58-24 as follows:
58-25 Sec. 36.108. JOINT PLANNING IN MANAGEMENT AREA. (a) If two
58-26 or more districts are located within the boundaries of the same
58-27 management area, each district shall prepare a comprehensive
59-1 management plan as required by Section 36.1071 covering that
59-2 district's respective territory. On completion and certification
59-3 of the plan as required by Section 36.1072, each district shall
59-4 forward a copy of the new or revised management plan to the other
59-5 districts in the management area. The boards of the districts
59-6 shall consider the plans individually and shall compare them to
59-7 other management plans then in force in the management area.
59-8 (b) The board of directors of each district in the
59-9 management area may, by resolution, call for [a] joint planning
59-10 [meeting] with [the boards of directors of] the other districts in
59-11 the management area to review the management plans and
59-12 accomplishments for the management area. [The boards shall meet to
59-13 consider the plans individually and shall compare them to other
59-14 management plans then in force in the management area.] In
59-15 reviewing the management plans, the boards shall consider:
59-16 (1) the goals of each management plan and its impact
59-17 on planning throughout the management area;
59-18 (2) the effectiveness of the measures established by
59-19 each management plan for conserving and protecting groundwater and
59-20 preventing waste, and the effectiveness of these measures in the
59-21 management area generally; and
59-22 (3) any other matters that the boards consider
59-23 relevant to the protection and conservation of groundwater and the
59-24 prevention of waste in the management area.
59-25 (c) If a [A] joint meeting of the boards of directors is
59-26 called, the meeting must be held in accordance with [the Open
59-27 Meetings Act,] Chapter 551, Government Code. Notice of the meeting
60-1 shall be given in accordance with the requirements for notice of
60-2 district board of directors meetings under that Act. In addition,
60-3 notice of the meeting shall be published not later than the 30th
60-4 day before the date of the scheduled meeting in a newspaper with
60-5 general circulation in each county in the management area.
60-6 (d) A district in the management area may file with good
60-7 cause a petition with the commission requesting an inquiry if the
60-8 petitioner district adopted a resolution calling for joint planning
60-9 and the other district or districts refused to join in the planning
60-10 process or the process failed to result in adequate planning, and
60-11 the petition provides evidence [believes] that:
60-12 (1) another district in the management area has failed
60-13 to adopt rules;
60-14 (2) the groundwater in the management area is not
60-15 adequately protected by the rules adopted by another district; or
60-16 (3) the groundwater in the management area is not
60-17 adequately protected due to the failure of another district to
60-18 enforce substantial compliance with its rules.
60-19 (e) Not later than the 90th day after the date the petition
60-20 is filed, the commission shall review the petition and either:
60-21 (1) dismiss it if it finds that the evidence is not
60-22 adequate to show that any of the conditions alleged in the petition
60-23 exist; or
60-24 (2) select a review panel as provided in Subsection
60-25 (f).
60-26 (f) If the petition is not dismissed under Subsection (e),
60-27 the [The] commission shall [may] appoint a review panel consisting
61-1 of a chairman and four other members. A director or general
61-2 manager of a district located outside the management area that is
61-3 the subject of the petition may be appointed to the review panel.
61-4 The commission may not appoint more than two members of the review
61-5 panel from any one district. The commission also shall appoint a
61-6 disinterested person to serve as a nonvoting recording secretary
61-7 for the review panel. The recording secretary may be an employee
61-8 of the commission. The recording secretary shall record and
61-9 document the proceedings of the panel.
61-10 (g) Not later than the 120th day after appointment, the
61-11 review panel shall review the petition and any evidence relevant to
61-12 the petition and, in a public meeting, consider and adopt [prepare]
61-13 a report to be submitted to the commission. The commission may
61-14 direct the review panel to conduct public hearings at a location in
61-15 the management area to take evidence on the petition. The review
61-16 panel may attempt to negotiate a settlement or resolve the dispute
61-17 by any lawful means.
61-18 (h) In its report, the review panel shall include:
61-19 (1) a summary of all evidence taken in any hearing on
61-20 the petition;
61-21 (2) a list of findings and recommended actions
61-22 appropriate for the commission to take and the reasons it finds
61-23 those actions appropriate; and
61-24 (3) any other information the panel considers
61-25 appropriate.
61-26 (i) The review panel shall submit its report to the
61-27 commission.
62-1 (j) Districts located within the same management areas or in
62-2 adjacent management areas may contract to jointly conduct studies
62-3 or research, or to construct projects, under terms and conditions
62-4 that the districts consider beneficial. These joint efforts may
62-5 include studies of groundwater availability and quality, aquifer
62-6 modeling, and the interaction of groundwater and surface water;
62-7 educational programs; the purchase and sharing of equipment; and
62-8 the implementation of projects to make groundwater available,
62-9 including aquifer recharge, brush control, weather modification,
62-10 desalination, regionalization, and treatment or conveyance
62-11 facilities. The districts may contract under their existing
62-12 authorizations including those of Chapter 791, Government Code, if
62-13 their contracting authority is not limited by Sections
62-14 791.011(c)(2) and (d)(3) and Section 791.014, Government Code.
62-15 SECTION 2.49. Section 36.113, Water Code, is amended by
62-16 amending Subsection (d), adding a new Subsection (e), and
62-17 relettering existing Subsections (e) and (f) as Subsections (f) and
62-18 (g) to read as follows:
62-19 (d) Before granting or denying a permit, the district shall
62-20 consider whether:
62-21 (1) the application conforms to the requirements
62-22 prescribed by this chapter and is accompanied by the prescribed
62-23 fees;
62-24 (2) the proposed use of water unreasonably affects
62-25 existing groundwater and surface water resources or existing permit
62-26 holders;
62-27 (3) the proposed use of water is dedicated to any
63-1 beneficial use;
63-2 (4) the proposed use of water is consistent with the
63-3 district's certified water management plan;
63-4 (5) the applicant has agreed to avoid waste and
63-5 achieve water conservation; and
63-6 (6) the applicant has agreed that reasonable diligence
63-7 will be used to protect groundwater quality and that the applicant
63-8 will follow well plugging guidelines at the time of well closure.
63-9 (e) The district may impose more restrictive permit
63-10 conditions on new permit applications and increased use by historic
63-11 users if the limitations:
63-12 (1) apply to all subsequent new permit applications
63-13 and increased use by historic users, regardless of type or location
63-14 of use;
63-15 (2) bear a reasonable relationship to the existing
63-16 district management plan; and
63-17 (3) are reasonably necessary to protect existing use.
63-18 (f) Permits may be issued subject to the rules promulgated
63-19 by the district and subject to terms and provisions with reference
63-20 to the drilling, equipping, completion, or alteration of wells or
63-21 pumps that may be necessary to prevent waste and achieve water
63-22 conservation, minimize as far as practicable the drawdown of the
63-23 water table or the reduction of artesian pressure, lessen
63-24 interference between wells, or control and prevent subsidence.
63-25 (g) [(f)] A district may require that changes in the
63-26 withdrawal and use of groundwater under a permit not be made
63-27 without the prior approval of a permit amendment issued by the
64-1 district.
64-2 SECTION 2.50. Section 36.116, Water Code, is amended to read
64-3 as follows:
64-4 Sec. 36.116. REGULATION OF SPACING AND PRODUCTION. (a) In
64-5 order to minimize as far as practicable the drawdown of the water
64-6 table or the reduction of artesian pressure, to control subsidence,
64-7 to prevent interference between wells, to prevent degradation of
64-8 water quality, or to prevent waste, provided that agriculture,
64-9 municipal and the natural resources are protected, a district by
64-10 rule may regulate:
64-11 (1) [provide for] the spacing of water wells by:
64-12 (A) requiring all water wells to be spaced a
64-13 certain distance from property lines or adjoining wells;
64-14 (B) requiring wells with a certain production
64-15 capacity, pump size, or other characteristic related to the
64-16 construction or operation of and production from a well to be
64-17 spaced a certain distance from property lines or adjoining wells;
64-18 or
64-19 (C) imposing spacing requirements adopted by the
64-20 board; and
64-21 (2) the production of groundwater by:
64-22 (A) setting production limits on wells;
64-23 (B) limiting the amount of water produced based
64-24 on acreage or tract size;
64-25 (C) limiting the amount of water that may be
64-26 produced from a defined number of acres assigned to an authorized
64-27 well site;
65-1 (D) limiting the maximum amount of water that
65-2 may be produced on the basis of acre-feet per acre or gallons per
65-3 minute per well site; or
65-4 (E) any combination of the above [and may
65-5 regulate the production of wells].
65-6 (b) In promulgating any rules limiting groundwater
65-7 production, the district may preserve historic use before the
65-8 effective date of the rules to the maximum extent practicable
65-9 consistent with the district's comprehensive management plan under
65-10 Section 36.1071.
65-11 (c) In regulating the production of groundwater based on
65-12 tract size or acreage, a district may consider the service area or
65-13 service needs of a retail water utility. For purposes of this
65-14 subsection, "retail water utility" shall have the meaning provided
65-15 at Section 13.002.
65-16 SECTION 2.51. Section 36.117, Water Code, is amended to read
65-17 as follows:
65-18 Sec. 36.117. EXEMPTIONS; EXCEPTION; LIMITATIONS. (a) A
65-19 district may exempt wells from the requirement of obtaining
65-20 [requirements to obtain] a drilling permit, an operating permit, or
65-21 any other permit required by this chapter or the district's rules.
65-22 (b) A district may not require any [a] permit issued by the
65-23 district for:
65-24 (1) [drilling or producing from] a well used solely
65-25 for domestic use or for providing water for livestock or poultry on
65-26 a tract of land larger than 10 acres that is either drilled,
65-27 completed, or equipped so that it is incapable of producing more
66-1 than 25,000 gallons of groundwater a day;
66-2 (2) the drilling of a water well used solely to supply
66-3 water for a rig that is actively engaged in drilling or exploration
66-4 operations for an oil or gas well permitted by the Railroad
66-5 Commission of Texas provided that the person holding the permit is
66-6 responsible for drilling and operating the water well and the well
66-7 is located on the same lease or field associated with the drilling
66-8 rig; or [alteration of the size of a well or to restrict the
66-9 production of a well if the water produced or to be produced from
66-10 the well is used or to be used to supply the domestic needs of 10
66-11 or fewer households and a person who is a member of each household
66-12 is either the owner of the well, a person related to the owner or a
66-13 member of the owner's household within the second degree by
66-14 consanguinity, or an employee of the owner;]
66-15 (3) the drilling of a water well authorized under a
66-16 permit issued by the Railroad Commission of Texas under Chapter
66-17 134, Natural Resources Code, or for production from such a well to
66-18 the extent the withdrawals are required for mining activities
66-19 regardless of any subsequent use of the water. [or alteration of
66-20 the size of a well or to restrict the production from the well if
66-21 the water produced or to be produced from the well is used or to be
66-22 used to provide water for feeding livestock and poultry connected
66-23 with farming, ranching, or dairy enterprises; or]
66-24 [(4) water wells to supply water for hydrocarbon
66-25 production activities, regardless of whether those wells are
66-26 producing, that are associated with any well permitted by the
66-27 Railroad Commission of Texas drilled before September 1, 1985.]
67-1 [(b) The board shall adopt rules determining the
67-2 applicability of Subsection (a)(3) to facilities used primarily for
67-3 feeding livestock.]
67-4 (c) [The district shall not deny the owner of a tract of
67-5 land, or his lessee, who has no well equipped to produce more than
67-6 25,000 gallons a day on the tract, either a permit to drill a well
67-7 on his land or the privilege to produce groundwater from his land,
67-8 subject to the rules of the district.]
67-9 [(d)] A district may not restrict the production of any well
67-10 that is exempt from permitting under Subsection (b)(1) [equipped to
67-11 produce 25,000 gallons or less a day].
67-12 (d) Notwithstanding Subsection (b), a district may require a
67-13 well to be permitted by the district and to comply with all
67-14 district rules if:
67-15 (1) the purpose of a well exempted under Subsection
67-16 (b)(2) is no longer solely to supply water for a rig that is
67-17 actively engaged in drilling or exploration operations for an oil
67-18 or gas well permitted by the Railroad Commission of Texas; or
67-19 (2) the withdrawals from a well exempted under
67-20 Subsection (b)(3) are no longer necessary for mining activities or
67-21 are greater than the amount necessary for mining activities
67-22 specified in the permit issued by the Railroad Commission of Texas
67-23 under Chapter 134, Natural Resources Code.
67-24 (e) An entity holding a permit issued by the Railroad
67-25 Commission of Texas under Chapter 134, Natural Resources Code, that
67-26 authorizes the drilling of a water well shall report monthly to the
67-27 district:
68-1 (1) the total amount of water withdrawn during the
68-2 month;
68-3 (2) the quantity of water necessary for mining
68-4 activities; and
68-5 (3) the quantity of water withdrawn for other
68-6 purposes. [Nothing in this chapter applies to wells drilled for
68-7 oil, gas, sulphur, uranium, or brine, or for core tests, or for
68-8 injection of gas, saltwater, or other fluid, or for any other
68-9 purpose, under permits issued by the Railroad Commission of Texas.
68-10 A district may not require a drilling permit for a well to supply
68-11 water for drilling any wells permitted by the Railroad Commission
68-12 of Texas. Any well that ceases to be used for these purposes and
68-13 is then used as an ordinary water well is subject to the rules of
68-14 the district. Water wells drilled after September 1, 1997, to
68-15 supply water for hydrocarbon production activities must meet the
68-16 spacing requirements of the district unless no space is available
68-17 within 300 feet of the production well or the central injection
68-18 station.]
68-19 (f) Notwithstanding Subsection (d), a district may not
68-20 require a well exempted under Subsection (b)(3) to comply with the
68-21 spacing requirements of the district. [Water wells exempted under
68-22 this section shall be equipped and maintained so as to conform to
68-23 the district's rules requiring installation of casing, pipe, and
68-24 fittings to prevent the escape of groundwater from a groundwater
68-25 reservoir to any reservoir not containing groundwater and to
68-26 prevent the pollution or harmful alteration of the character of the
68-27 water in any groundwater reservoir.]
69-1 (g) A district may not deny an application for a permit to
69-2 drill and produce water for hydrocarbon production activities if
69-3 the application meets all applicable rules as promulgated by the
69-4 district.
69-5 (h) A [shall require] water well [wells] exempted under
69-6 Subsection (a) or (b) shall:
69-7 (1) [this section to] be registered in accordance with
69-8 rules promulgated by the district; and
69-9 (2) [before drilling. All exempt water wells shall]
69-10 be equipped and maintained so as to conform to the district's rules
69-11 requiring installation of casing, pipe, and fittings to prevent the
69-12 escape of groundwater from a groundwater reservoir to any reservoir
69-13 not containing groundwater and to prevent the pollution or harmful
69-14 alteration of the character of the water in any groundwater
69-15 reservoir.
69-16 (i) The driller of a well exempted under Subsection (a) or
69-17 (b) shall file the drilling log with the district.
69-18 (j) [(h)] A well to supply water for a subdivision of land
69-19 for which a plat approval is required by Chapter 232, Local
69-20 Government Code, [law] is not exempted under Subsection (b) [this
69-21 section].
69-22 (k) Groundwater withdrawn from a well exempt from permitting
69-23 or regulation under this section and subsequently transported
69-24 outside the boundaries of the district is subject to any applicable
69-25 production and export fees under Sections 36.122 and 36.205.
69-26 (l) This section applies to water wells, including water
69-27 wells used to supply water for activities related to the
70-1 exploration or production of hydrocarbons or minerals. This
70-2 section does not apply to production or injection wells drilled for
70-3 oil, gas, sulphur, uranium, or brine, or for core tests, or for
70-4 injection of gas, saltwater, or other fluids, under permits issued
70-5 by the Railroad Commission of Texas.
70-6 SECTION 2.52. Section 36.122, Water Code, is amended to read
70-7 as follows:
70-8 Sec. 36.122. TRANSFER OF GROUNDWATER OUT OF DISTRICT.
70-9 (a) If an application for a permit or an amendment to a permit
70-10 under Section 36.113 proposes the transfer of groundwater outside
70-11 of a district's boundaries, the district may also consider the
70-12 provisions of this section in determining whether to grant or deny
70-13 the permit or permit amendment.
70-14 (b) A district may promulgate rules requiring a person to
70-15 obtain a permit or an amendment to a permit under Section 36.113
70-16 from the district for the transfer of groundwater out of the
70-17 district to:
70-18 (1) increase, on or after March 2, 1997, the amount of
70-19 groundwater to be transferred under a continuing arrangement in
70-20 effect before that date; or
70-21 (2) transfer groundwater out of the district on or
70-22 after March 2, 1997, under a new arrangement.
70-23 (c) Except as provided in Section 36.113(e), the district
70-24 may not impose more restrictive permit conditions on transporters
70-25 than the district imposes on existing in-district users.
70-26 (d) [(b)] The district may impose a reasonable fee for
70-27 processing an application [for a permit] under this section. The
71-1 fee may not exceed fees that the district imposes for processing
71-2 other applications under Section 36.113. An application filed to
71-3 comply with this section shall be considered and processed under
71-4 the same procedures as other applications for permits under Section
71-5 36.113 and shall be combined with applications filed to obtain a
71-6 permit for in-district water use under Section 36.113 from the same
71-7 applicant.
71-8 (e) The district may impose a reasonable fee or surcharge
71-9 for an export fee using one of the following methods:
71-10 (1) a fee negotiated between the district and the
71-11 transporter;
71-12 (2) a rate not to exceed the equivalent of the
71-13 district's tax rate per hundred dollars of valuation for each
71-14 thousand gallons of water transferred out of the district or 2.5
71-15 cents per thousand gallons of water, if the district assesses a tax
71-16 rate of less than 2.5 cents per hundred dollars of valuation; or
71-17 (3) for a fee-based district, a 50 percent export
71-18 surcharge, in addition to the district's production fee, for water
71-19 transferred out of the district.
71-20 (f) [(c) Before issuing a permit under this section, the
71-21 district must give notice of the application and hold a public
71-22 hearing.]
71-23 [(d)] In reviewing a proposed transfer of groundwater out of
71-24 the district [determining whether to issue a permit under this
71-25 section], the district shall consider:
71-26 (1) the availability of water in the district and in
71-27 the proposed receiving area during the period for which the water
72-1 supply is requested;
72-2 (2) [the availability of feasible and practicable
72-3 alternative supplies to the applicant;]
72-4 [(3) the amount and purposes of use in the proposed
72-5 receiving area for which water is needed;]
72-6 [(4)] the projected effect of the proposed transfer on
72-7 aquifer conditions, depletion, subsidence, or effects on existing
72-8 permit holders or other groundwater users within the district; and
72-9 (3) [(5)] the approved regional water plan and
72-10 certified district management plan.
72-11 (g) [(e)] The district may not deny a permit based on the
72-12 fact that the applicant seeks to transfer groundwater outside of
72-13 the district but may limit a permit issued under this section if
72-14 conditions in Subsection (f) [(d)] warrant the limitation, subject
72-15 to Subsection (c).
72-16 (h) [(f)] In addition to conditions provided by Section
72-17 36.1131, the permit shall specify:
72-18 (1) the amount of water that may be transferred out of
72-19 the district; and
72-20 (2) the period for which the water may be transferred.
72-21 (i) The period specified by Subsection (h)(2) shall be:
72-22 (1) at least three years if construction of a
72-23 conveyance system has not been initiated prior to the issuance of
72-24 the permit; or
72-25 (2) at least 30 years if construction of a conveyance
72-26 system has been initiated prior to the issuance of the permit.
72-27 (j) A term of five years under Subsection (i) shall
73-1 automatically be extended to 30 years if construction of a
73-2 conveyance system is begun before the expiration of the initial
73-3 five-year term.
73-4 (k) Notwithstanding the period specified in Subsections (i)
73-5 and (j) during which water may be transferred under a permit, a
73-6 district may periodically review the amount of water that may be
73-7 transferred under the permit and may limit the amount if additional
73-8 factors considered in Subsection (f) warrant the limitation,
73-9 subject to Subsection (c). The review described by this subsection
73-10 may take place not more frequently than the period provided for the
73-11 review or renewal of regular permits issued by the district. In
73-12 its determination of whether to renew a permit issued under this
73-13 section, the district shall consider relevant and current data for
73-14 the conservation of groundwater resources and shall consider the
73-15 permit in the same manner it would consider any other permit in the
73-16 district.
73-17 (l) A district is prohibited from using revenues obtained
73-18 under Subsection (e) to prohibit the transfer of groundwater
73-19 outside of a district. A district is not prohibited from using
73-20 revenues obtained under Subsection (e) for paying expenses related
73-21 to enforcement of this chapter or district rules.
73-22 (m) [(g)] A district may not prohibit the export of
73-23 groundwater if the purchase was in effect on or before June 1,
73-24 1997.
73-25 (n) [(h)] This section applies only to a transfer of water
73-26 that is initiated or increased after September 1, 1997 [the
73-27 effective date of this section].
74-1 (o) [(i)] A district shall adopt rules as necessary to
74-2 implement this section but may not adopt rules expressly
74-3 prohibiting the export of groundwater.
74-4 (p) Subsection (e) does not apply to a district that is
74-5 collecting an export fee or surcharge on March 1, 2001.
74-6 (q) For the purposes of this subsection, "retail public
74-7 utility" and "retail public utilities" are defined by Section
74-8 13.002. A district may determine that a transfer of groundwater
74-9 produced within the district's boundaries for use outside the
74-10 district's boundaries will not be considered a transfer outside of
74-11 district if:
74-12 (1) the transfer is for agricultural use on a tract
74-13 located in a county contiguous to the district's boundaries;
74-14 (2) the transfer is for use as a potable water supply
74-15 by a retail public utility and is within an authorized service area
74-16 of which an appropriate portion, as determined by the district, is
74-17 located inside the district's boundaries;
74-18 (3) the transfer involves an emergency potable water
74-19 interconnect between retail public utilities; or
74-20 (4) the transfer is for use on a contiguous oil and
74-21 gas field or unit.
74-22 SECTION 2.53. Section 36.205, Water Code, is amended to read
74-23 as follows:
74-24 Sec. 36.205. AUTHORITY TO SET FEES. (a) A district may set
74-25 fees for administrative acts of the district, such as filing
74-26 applications. Fees set by a district may not unreasonably exceed
74-27 the cost to the district of performing the administrative function
75-1 for which the fee is charged.
75-2 (b) A district shall set and collect fees for all services
75-3 provided outside the boundaries of the district. The fees may not
75-4 unreasonably exceed the cost to the district of providing the
75-5 services outside the district.
75-6 (c) A district may assess production fees based on the
75-7 amount of water authorized by permit to be withdrawn from a well or
75-8 the amount actually withdrawn. A district may assess the fees in
75-9 lieu of, or in conjunction with, any taxes otherwise levied by the
75-10 district. A district may use revenues generated by the fees for
75-11 any lawful purpose. Production fees [Fees based on the amount of
75-12 water to be withdrawn from a well] shall not exceed:
75-13 (1) $1 [one dollar] per acre-foot payable annually
75-14 [acre foot] for water used for agricultural use [the purpose of
75-15 irrigating agricultural crops]; or
75-16 (2) $10 per acre-foot payable annually [17 cents per
75-17 thousand gallons] for water used for any other purpose.
75-18 (d) The Barton Springs-Edwards Aquifer Conservation District
75-19 and the Guadalupe County Groundwater Conservation District may not
75-20 charge production fees for an annual period greater than $1 per
75-21 acre-foot for water used for agricultural use or 17 cents per
75-22 thousand gallons for water used for any other purpose. The Barton
75-23 Springs-Edwards Aquifer Conservation District [A district affected
75-24 by Subsection (c)(2) that also] may assess a water use fee against
75-25 a specific municipality in [shall assess] an amount not to exceed
75-26 60 percent of the total funding of the district received from water
75-27 use fees assessed against that municipality and other nonexempt
76-1 users in the district. This subsection shall take precedence over
76-2 all prior enactments.
76-3 (e) Subsection (c) does not apply to the following
76-4 districts:
76-5 (1) the Edwards Aquifer Authority;
76-6 (2) the Fort Bend Subsidence District; [or]
76-7 (3) the Harris-Galveston Coastal Subsidence District;
76-8 (4) the Barton Springs-Edwards Aquifer Conservation
76-9 District; or
76-10 (5) any district that collects a property tax and that
76-11 was created before September 1, 1999, unless otherwise authorized
76-12 by special law.
76-13 (f) A district, including a district described under
76-14 Subsection (d), may assess a production fee under Subsection (c)
76-15 for any water produced under an exemption under Section 36.117 if
76-16 that water is subsequently sold to another person.
76-17 (g) A district may assess a transportation fee under Section
76-18 36.122.
76-19 SECTION 2.54. Section 36.206, Water Code, is amended by
76-20 amending Subsection (b) and adding Subsection (c) to read as
76-21 follows:
76-22 (b) The rate of fees set for [crop or livestock production
76-23 or other] agricultural uses shall be no more than 20 percent of the
76-24 rate applied to municipal uses.
76-25 (c) District fees may be used to purchase groundwater rights
76-26 if the purchased rights are acquired for conservation purposes.
76-27 SECTION 2.55. Subchapter I, Chapter 36, Water Code, is
77-1 amended by adding Section 36.3011 to read as follows:
77-2 Sec. 36.3011. FAILURE OF A DISTRICT TO CONDUCT JOINT
77-3 PLANNING. (a) If the board of a district within a common
77-4 management area fails to forward a copy of its new or revised
77-5 certified management plan under Section 36.108, the commission
77-6 shall take appropriate action under Section 36.303.
77-7 (b) Not later than the 45th day after receiving the review
77-8 panel's report under Section 36.108, the executive director or the
77-9 commission shall take action to implement any or all of the panel's
77-10 recommendations. If the commission finds that a district in the
77-11 joint planning area has failed to adopt rules, the groundwater in
77-12 the management area is not adequately protected by the rules
77-13 adopted by the district, or the groundwater in the management area
77-14 is not adequately protected because of the district's failure to
77-15 enforce substantial compliance with its rules, the commission may
77-16 take any action it considers necessary in accordance with Section
77-17 36.303.
77-18 SECTION 2.56. Section 36.303(a), Water Code, is amended to
77-19 read as follows:
77-20 (a) If Section 36.108, 36.301, or 36.302(f) applies, the
77-21 commission, after notice and hearing in accordance with Chapter
77-22 2001, Government Code, shall take action the commission considers
77-23 appropriate, including:
77-24 (1) issuing an order requiring the district to take
77-25 certain actions or to refrain from taking certain actions;
77-26 (2) dissolving the board in accordance with Sections
77-27 36.305 and 36.307 and calling an election for the purpose of
78-1 electing a new board;
78-2 (3) requesting the attorney general to bring suit for
78-3 the appointment of a receiver to collect the assets and carry on
78-4 the business of the groundwater conservation district [removing the
78-5 district's taxing authority]; or
78-6 (4) dissolving the district in accordance with
78-7 Sections 36.304, 36.305, and 36.308.
78-8 SECTION 2.57. Subchapter I, Chapter 36, Water Code, is
78-9 amended by adding Section 36.3035 to read as follows:
78-10 Sec. 36.3035. APPOINTMENT OF A RECEIVER. (a) If the
78-11 attorney general brings a suit for the appointment of a receiver
78-12 for a district, a district court shall appoint a receiver if an
78-13 appointment is necessary to protect the assets of the district.
78-14 (b) The receiver shall execute a bond in an amount to be set
78-15 by the court to ensure the proper performance of the receiver's
78-16 duties.
78-17 (c) After appointment and execution of bond, the receiver
78-18 shall take possession of the assets of the district specified by
78-19 the court.
78-20 (d) Until discharged by the court, the receiver shall
78-21 perform the duties that the court directs to preserve the assets
78-22 and carry on the business of the district and shall strictly
78-23 observe the final order involved.
78-24 (e) On a showing of good cause by the district, the court
78-25 may dissolve the receivership and order the assets and control of
78-26 the business returned to the district.
78-27 SECTION 2.58. Section 51.149, Water Code, is amended to read
79-1 as follows:
79-2 Sec. 51.149. CONTRACTS. (a) No approvals other than those
79-3 specified in Subsection (c) and in Section 1, Chapter 778, Acts of
79-4 the 74th Legislature, Regular Session, 1995, need be obtained in
79-5 order for a contract between a district and a municipality to be
79-6 valid, binding, and enforceable against all parties to the
79-7 contract. After approval by a majority of the electors voting at
79-8 an election conducted in the manner of a bond election, a district
79-9 may make payments under a contract from taxes for debt that does
79-10 not exceed 30 years.
79-11 (b) [(d)] A contract may provide that the district will make
79-12 payments under the contract from proceeds from the sale of notes or
79-13 bonds, from taxes, from any other income of the district, or from
79-14 any combination of these.
79-15 (c) [(e)] A district may make payments under a contract from
79-16 taxes, other than maintenance taxes, after the provisions of the
79-17 contract have been approved by a majority of the electors voting at
79-18 an election held for that purpose.
79-19 (d) [(f)] Any contract election may be held at the same time
79-20 as and in conjunction with an election to issue bonds, and the
79-21 procedure for calling the election, giving notice, conducting the
79-22 election, and canvassing the returns shall be the same as the
79-23 procedure for a bond election.
79-24 (e) A district created pursuant to Chapter 628, Acts of the
79-25 68th Legislature, Regular Session, 1983, is defined as a municipal
79-26 corporation and political subdivision pursuant to Chapter 405, Acts
79-27 of the 76th Legislature, Regular Session, 1999, and is authorized
80-1 to take action accordingly.
80-2 SECTION 2.59. Section 1.03, Chapter 626, Acts of the 73rd
80-3 Legislature, Regular Session, 1993, is amended by adding
80-4 Subdivisions (26) and (27) to read as follows:
80-5 (26) "Agricultural use" means any use or activity
80-6 involving any of the following activities:
80-7 (A) cultivating the soil to produce crops for
80-8 human food, animal feed, or planting seed or for the production of
80-9 fibers;
80-10 (B) the practice of floriculture, viticulture,
80-11 silviculture, and horticulture, including the cultivation of plants
80-12 in containers or nonsoil media, by a nursery grower;
80-13 (C) raising, feeding, or keeping animals for
80-14 breeding purposes or for the production of food or fiber, leather,
80-15 pelts, or other tangible products having a commercial value;
80-16 (D) wildlife management;
80-17 (E) raising or keeping equine animals; and
80-18 (F) planting cover crops, including cover crops
80-19 cultivated for transplantation, or leaving land idle for the
80-20 purpose of participating in any governmental program or normal crop
80-21 or livestock rotation procedure.
80-22 (27) "Nursery grower" means a person who grows more
80-23 than 50 percent of the products that the person either sells or
80-24 leases, regardless of the variety sold, leased, or grown. For the
80-25 purpose of this definition, "grow" means the actual cultivation or
80-26 propagation of the product beyond the mere holding or maintaining
80-27 of the item before sale or lease and typically includes activities
81-1 associated with the production or multiplying of stock, such as the
81-2 development of new plants from cuttings, grafts, plugs, or
81-3 seedlings.
81-4 SECTION 2.60. Section 1.29(e), Chapter 626, Acts of the 73rd
81-5 Legislature, Regular Session, 1993, is amended to read as follows:
81-6 (e) In developing an equitable fee structure under this
81-7 section, the authority may establish different fee rates on a per
81-8 acre-foot basis for different types of use. The fees must be
81-9 equitable between types of uses. The fee rate for agricultural use
81-10 shall be based on the volume of water withdrawn and may not be more
81-11 than $2 per acre-foot [20 percent of the fee rate for municipal
81-12 use]. The authority shall assess the fees on the amount of water a
81-13 permit holder is authorized to withdraw under the permit.
81-14 SECTION 2.61. Sections 4.03(a) and (b), Chapter 1029, Acts of
81-15 the 76th Legislature, Regular Session, 1999, are amended to read as
81-16 follows:
81-17 (a) The authority may establish fees, rates, and charges,
81-18 and classifications of fee payers and ratepayers, as necessary to
81-19 enable the authority to fulfill the authority's purposes and
81-20 regulatory obligations provided by this Act.
81-21 (b) The authority may charge against the owner of a well
81-22 located in the authority's boundaries a fee on the amount of water
81-23 pumped from the well. The board shall establish the rate of a fee
81-24 under this subsection only after a special meeting on the fee. The
81-25 board shall by rule exempt from the fee under this subsection those
81-26 classes of wells that are not subject to groundwater reduction
81-27 requirements imposed by the subsidence district, except that if any
82-1 of those classes of wells become subject at a future date to a
82-2 groundwater reduction requirement imposed by the subsidence
82-3 district, then the authority may after that date charge the fee
82-4 under this subsection to those affected classes of wells. The
82-5 board by rule may exempt any other classes of wells from the fee
82-6 under this subsection. The board may not apply the fee to a well:
82-7 (1) with a casing diameter of less than five inches
82-8 that serves a single-family dwelling;
82-9 (2) regulated under Chapter 27, Water Code;
82-10 (3) used for irrigation of agricultural crops; or
82-11 (4) [that produces 10 million gallons or less
82-12 annually; or]
82-13 [(5)] used solely for electric generation.
82-14 SECTION 2.62. Notwithstanding Section 26.028(c), Water Code,
82-15 a public hearing on an application by a political subdivision for a
82-16 commission permit under Section 26.027, Water Code, for effluent
82-17 composed of sewage or municipal waste proposing secondary or
82-18 greater treatment and no discharge of pollutants into any water in
82-19 the state shall be in the same manner as provided by Section
82-20 382.0561, Health and Safety Code.
82-21 ARTICLE 3. DISTRICT RATIFICATIONS
82-22 PART 1. COW CREEK GROUNDWATER CONSERVATION DISTRICT
82-23 SECTION 3.0101. RATIFICATION OF CREATION. (a) The creation
82-24 of the Cow Creek Groundwater Conservation District in Kendall
82-25 County by Chapter 1331, Acts of the 76th Legislature, Regular
82-26 Session, 1999, is ratified as required by Section 15(a) of that
82-27 chapter, subject to approval at a confirmation election under
83-1 Section 3.0108 of this part. The district is a governmental agency
83-2 and a body politic and corporate.
83-3 (b) The district may develop and implement regulatory,
83-4 conservation, and recharge programs that preserve and protect
83-5 groundwater resources located in the district.
83-6 SECTION 3.0102. DEFINITIONS. In this part:
83-7 (1) "District" means the Cow Creek Groundwater
83-8 Conservation District.
83-9 (2) "Retail public utility" means a retail public
83-10 utility as defined by Section 13.002, Water Code, that is providing
83-11 service in the district on September 1, 2001.
83-12 (3) "Well" means any excavation drilled or dug into
83-13 the ground that may intercept or penetrate a water-bearing stratum
83-14 or formation.
83-15 SECTION 3.0103. BOUNDARIES. The boundaries of the district
83-16 are coextensive with the boundaries of Kendall County.
83-17 SECTION 3.0104. POWERS. Except as otherwise provided by
83-18 this part, the district has all of the rights, powers, privileges,
83-19 authority, functions, and duties provided by the general law of the
83-20 state, including Chapter 36, Water Code, applicable to groundwater
83-21 conservation districts created under Section 59, Article XVI, Texas
83-22 Constitution. This part prevails over any provision of general
83-23 law, including Chapter 36, Water Code, or Chapter 1331, Acts of the
83-24 76th Legislature, Regular Session, 1999, that is in conflict or
83-25 inconsistent with this part.
83-26 SECTION 3.0105. BOARD OF DIRECTORS. (a) The district is
83-27 governed by a board of five directors.
84-1 (b) Temporary directors serve until initial directors are
84-2 elected under Sections 3.0108 and 3.0109 of this part or until this
84-3 part expires under Section 3.0108 of this part, whichever occurs
84-4 first.
84-5 (c) Initial directors serve until permanent directors are
84-6 elected under Section 3.0110 of this part.
84-7 (d) Permanent directors serve staggered four-year terms.
84-8 (e) A director serves until the director's successor has
84-9 qualified.
84-10 (f) Each director must qualify to serve as director in the
84-11 manner provided by Section 36.055, Water Code.
84-12 (g) A vacancy in the office of director is filled by
84-13 appointment of the board until the next election for directors. At
84-14 the next election for directors, a person shall be elected to fill
84-15 the position. If the position is not scheduled to be filled at the
84-16 election, the person elected to fill the position shall serve only
84-17 for the remainder of the unexpired term.
84-18 SECTION 3.0106. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
84-19 PRECINCTS. (a) The directors of the district shall be elected
84-20 according to the commissioners precinct method as provided by this
84-21 part.
84-22 (b) One director shall be elected by the qualified voters of
84-23 the entire district and one director shall be elected from each
84-24 county commissioners precinct by the qualified voters of that
84-25 precinct.
84-26 (c) A person shall indicate on the application for a place
84-27 on the ballot the precinct that the person seeks to represent or
85-1 that the person seeks to represent the district at large.
85-2 (d) When the boundaries of the commissioners precincts are
85-3 changed, each director in office on the effective date of the
85-4 change or elected to a term of office beginning on or after the
85-5 effective date of the change serves in the precinct to which the
85-6 director was elected for the entire term to which the director was
85-7 elected, even though the change in boundaries places the person's
85-8 residence outside the precinct for which the person was elected.
85-9 (e) To be eligible to be a candidate for or to serve as
85-10 director from a county commissioners precinct, a person must be a
85-11 registered voter in the precinct from which the person is elected
85-12 or appointed. To be eligible to be a candidate for or to serve as
85-13 director at large, a person must be a registered voter in the
85-14 district.
85-15 SECTION 3.0107. TEMPORARY DIRECTORS. (a) The temporary
85-16 board of directors shall be appointed by the county commissioners
85-17 court. One temporary director shall be appointed from each
85-18 commissioners precinct, and one temporary director shall be a
85-19 director at large.
85-20 (b) If a temporary director fails to qualify for office, the
85-21 temporary directors who have qualified shall appoint a person to
85-22 fill the vacancy. If at any time there are fewer than three
85-23 qualified temporary directors, the Texas Natural Resource
85-24 Conservation Commission shall appoint the necessary number of
85-25 persons to fill all vacancies on the board.
85-26 SECTION 3.0108. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
85-27 (a) The temporary board of directors shall call and hold an
86-1 election to confirm establishment of the district and to elect five
86-2 initial directors.
86-3 (b) A person who wishes to be a candidate for the office of
86-4 initial director may file an application with the temporary board
86-5 of directors to have the candidate's name printed on the ballot as
86-6 provided by Section 3.0106 of this part.
86-7 (c) At the confirmation and initial directors election, the
86-8 temporary board of directors shall have the names of the five
86-9 persons serving as temporary directors placed on the ballot by
86-10 commissioners precinct and as at-large director, together with the
86-11 name of any candidate filing for the office of director as provided
86-12 by this section.
86-13 (d) If a majority of the votes cast at the election favor
86-14 the creation of the district, the temporary directors shall declare
86-15 the district created. If a majority of the votes cast at the
86-16 election are against the creation of the district, the temporary
86-17 directors shall declare the district defeated. The temporary
86-18 directors shall file a copy of the election results with the Texas
86-19 Natural Resource Conservation Commission.
86-20 (e) If a majority of the votes cast at the election are
86-21 against the creation of the district, the temporary directors may
86-22 call and hold subsequent elections to confirm establishment of the
86-23 district and to elect initial directors. A subsequent election may
86-24 not be held earlier than the first anniversary of the date on which
86-25 the previous election was held. If the district is not created
86-26 before September 1, 2006, this part expires on that date.
86-27 (f) Section 41.001(a), Election Code, does not apply to a
87-1 confirmation and initial directors election held under this
87-2 section.
87-3 (g) Section 36.017(a), Water Code, does not apply to the
87-4 district.
87-5 (h) Except as provided by this section, a confirmation and
87-6 directors election must be conducted as provided by Sections
87-7 36.017(b)-(h), Water Code, and the Election Code.
87-8 SECTION 3.0109. INITIAL DIRECTORS. (a) If the district is
87-9 created at the election, the temporary directors, at the time the
87-10 vote is canvassed, shall declare the candidate receiving the most
87-11 votes for each commissioners precinct or for the at-large director
87-12 to be elected as the initial directors.
87-13 (b) The initial directors for Precincts 2 and 3 serve until
87-14 the first regular meeting of the board of directors held after the
87-15 first permanent directors election under Section 3.0110 of this
87-16 part. The initial directors for Precincts 1 and 4 and the initial
87-17 director representing the district at large serve until the first
87-18 regular meeting of the board of directors held after the second
87-19 permanent directors election under Section 3.0110 of this part.
87-20 SECTION 3.0110. ELECTION OF PERMANENT DIRECTORS. Beginning
87-21 in the second year after the year in which the district is
87-22 authorized to be created at a confirmation election, an election
87-23 shall be held in the district on the first Saturday in May every
87-24 two years to elect the appropriate number of directors to the
87-25 board.
87-26 SECTION 3.0111. ADDITIONAL AUTHORITY. (a) The district may
87-27 contract with one or more state agencies or other governmental
88-1 bodies, including a county, a river authority, or another district,
88-2 to carry out any function of the district.
88-3 (b) The district may require a drilling permit before a new
88-4 well is drilled or an existing well is substantially altered.
88-5 Notwithstanding an exemption for a well under Section 36.117, Water
88-6 Code, written authorization granted by the district must be
88-7 received before a new well is drilled or an existing well is
88-8 substantially altered.
88-9 (c) The district may participate in the construction,
88-10 implementation, and maintenance of best management practices for
88-11 water resource management in the district and may engage in and
88-12 promote the acceptance of best management practices through
88-13 education efforts sponsored by the district. Construction,
88-14 implementation, and maintenance of best management practices must
88-15 address water quantity and quality practices such as brush
88-16 management, prescribed grazing, recharge structures, water and silt
88-17 detention and retention structures, plugging of abandoned wells,
88-18 rainwater harvesting, and other treatment measures for the
88-19 conservation of water resources.
88-20 (d) Reasonable fees, as determined by the district, may be
88-21 imposed on an annual basis on each nonexempt well. The district
88-22 shall adopt any rules necessary for the assessment and collection
88-23 of fees under this subsection.
88-24 (e) The district may use money collected from fees:
88-25 (1) in any manner necessary for the management and
88-26 operation of the district;
88-27 (2) to pay all or part of the principal of and
89-1 interest on district bonds or notes; and
89-2 (3) for any purpose consistent with the district's
89-3 certified water management plan.
89-4 (f) The district shall grant an exemption or other relief
89-5 from ad valorem taxes on property on which a water conservation
89-6 initiative has been implemented. The district shall adopt rules to
89-7 implement this subsection. A retail public utility shall receive
89-8 the same exemption or relief from ad valorem taxes on property as
89-9 any other customer of the district would receive.
89-10 (g) As a water conservation initiative to encourage retail
89-11 public utilities to obtain water supplies from sources other than
89-12 groundwater, the district shall grant an exemption or other relief
89-13 from ad valorem taxes on property served by a retail public utility
89-14 based on:
89-15 (1) the percentage of potable water supplied within
89-16 the district by the retail public utility from sources other than
89-17 groundwater compared to the total water supplied by the retail
89-18 public utility for the preceding year; and
89-19 (2) the percentage of wastewater effluent produced by
89-20 the retail public utility that is used as reclaimed water within
89-21 the district compared to the total wastewater effluent produced by
89-22 the retail public utility for the preceding year. The district
89-23 may consider the impact of floods and equipment breakage on the
89-24 retail public utility's ability to supply water from sources other
89-25 than groundwater.
89-26 (h) The total amount of the exemption or other relief from
89-27 ad valorem taxes may not exceed one-half of the tax levied by the
90-1 district.
90-2 SECTION 3.0112. PROHIBITED ACTS. The district may not:
90-3 (1) impose an ad valorem property tax for
90-4 administrative, operation, or maintenance expenses that exceeds the
90-5 lesser of the rate approved by the majority of the qualified voters
90-6 voting in the election authorizing the tax, or three cents per $100
90-7 valuation;
90-8 (2) require the owner of a well used solely for
90-9 domestic or livestock purposes to install a meter or measuring
90-10 device on the well;
90-11 (3) enter into any contract or engage in any action to
90-12 supply water to any person in the service area of any municipality
90-13 or retail public utility located in the district, except with the
90-14 consent of the municipality or retail public utility; or
90-15 (4) issue any bonds secured by ad valorem taxes before
90-16 September 1, 2004.
90-17 PART 2. CROSSROADS GROUNDWATER CONSERVATION DISTRICT
90-18 SECTION 3.0201. RATIFICATION OF CREATION. The creation of
90-19 the Crossroads Groundwater Conservation District in Victoria County
90-20 by Chapter 1331, Acts of the 76th Legislature, Regular Session,
90-21 1999, is ratified as required by Section 15(a) of that chapter,
90-22 subject to approval at a confirmation election under Section 3.0210
90-23 of this part.
90-24 SECTION 3.0202. DEFINITIONS. In this part:
90-25 (1) "Board" means the district's board of directors.
90-26 (2) "Commissioners court" means the Victoria County
90-27 Commissioners Court.
91-1 (3) "District" means the Crossroads Groundwater
91-2 Conservation District.
91-3 SECTION 3.0203. LEGISLATIVE FINDINGS. The legislature finds
91-4 that:
91-5 (1) the organization of the district is feasible and
91-6 practicable;
91-7 (2) all of the land to be included in, and the
91-8 residents of, the district will benefit from the creation of the
91-9 district;
91-10 (3) there is a public necessity for the district; and
91-11 (4) the creation of the district will provide a
91-12 benefit and utility to the public.
91-13 SECTION 3.0204. BOUNDARIES. The boundaries of the district
91-14 are coextensive with the boundaries of Victoria County.
91-15 SECTION 3.0205. APPLICATION OF CHAPTER 36, WATER CODE;
91-16 GENERAL POWERS AND DUTIES. (a) Except to the extent of any
91-17 conflict with this part or as specifically limited by this part,
91-18 the district is governed by and subject to Chapter 36, Water Code,
91-19 and may exercise all of the powers contained in that chapter,
91-20 including the power to issue bonds and levy and collect taxes and
91-21 the power of eminent domain. The district may exercise all of the
91-22 duties provided by Chapter 36, Water Code.
91-23 (b) This part prevails over any conflicting or inconsistent
91-24 provision of Chapter 1331, Acts of the 76th Legislature, Regular
91-25 Session, 1999.
91-26 SECTION 3.0206. BOARD OF DIRECTORS. (a) The district is
91-27 governed by a board of seven directors.
92-1 (b) The directors for Places 1-4 are appointed by the
92-2 commissioners court. The directors for Places 5-7 are appointed by
92-3 the city council of the City of Victoria.
92-4 (c) The directors shall select from their members persons to
92-5 serve as chairman, vice chairman, and secretary.
92-6 SECTION 3.0207. QUALIFICATIONS OF BOARD MEMBERS. To be
92-7 qualified for appointment as a director, a person must be a
92-8 resident of the district and must be at least 18 years of age.
92-9 SECTION 3.0208. TERM OF OFFICE. (a) Except for the
92-10 temporary and initial directors of the district, directors serve
92-11 staggered four-year terms.
92-12 (b) A vacancy in the office of director is filled for the
92-13 remainder of the term by appointment by the commissioners court or
92-14 the city council of the City of Victoria, as appropriate.
92-15 SECTION 3.0209. TEMPORARY DIRECTORS. (a) On September 1,
92-16 2001, the following persons are designated as temporary directors
92-17 of the district:
92-18 (1) Place 1: Mark Dierlam
92-19 (2) Place 2: Rocky Sanders
92-20 (3) Place 3: S. F. Ruschhaupt III
92-21 (4) Place 4: Joseph Dial
92-22 (5) Place 5: Stephen Diebel
92-23 (6) Place 6: Jerry James
92-24 (7) Place 7: Denise McCue
92-25 (b) If a temporary director fails to qualify for office or
92-26 if a vacancy occurs in the office of temporary director for any
92-27 reason, the commissioners court shall appoint a person to fill a
93-1 vacancy in Place 1, 2, 3, or 4, and the city council of the City of
93-2 Victoria shall appoint a person to fill a vacancy in Place 5, 6, or
93-3 7.
93-4 (c) The temporary directors shall select from their members
93-5 persons to serve as chairman, vice chairman, and secretary.
93-6 (d) The temporary directors serve until they declare the
93-7 district created, at which time they become the initial directors
93-8 of the district under Section 3.0211 of this part.
93-9 (e) To be qualified to serve as a temporary director, a
93-10 person must be a resident of Victoria County and at least 18 years
93-11 of age.
93-12 SECTION 3.0210. CONFIRMATION ELECTION. (a) Not later than
93-13 October 1, 2001, and without the necessity of having a petition
93-14 presented, the temporary directors shall meet and call an election
93-15 to be held not later than January 1, 2002, within the boundaries of
93-16 the proposed district to confirm the creation of the district.
93-17 (b) Section 41.001(a), Election Code, does not apply to an
93-18 election called under this section.
93-19 (c) The ballot for the election shall be printed to provide
93-20 for a vote for or against the following propositions:
93-21 (1) the creation of the Crossroads Groundwater
93-22 Conservation District in Victoria County; and
93-23 (2) the levy and collection of a property tax in the
93-24 district.
93-25 (d) The temporary board may include other propositions on
93-26 the ballot that it considers necessary.
93-27 (e) If a majority of votes cast at the election favor the
94-1 creation of the district, the temporary directors shall declare the
94-2 district created. If a majority of the votes cast at the election
94-3 are against the creation of the district, the temporary directors
94-4 shall declare the district defeated. The temporary directors shall
94-5 file a copy of the election results with the Texas Natural Resource
94-6 Conservation Commission.
94-7 (f) If the creation of the district is defeated, further
94-8 elections may be called and held after the first anniversary of the
94-9 most recent confirmation election. If the district is not created
94-10 by September 1, 2006, this part expires.
94-11 SECTION 3.0211. INITIAL DIRECTORS. (a) On confirmation of
94-12 the creation of the district under Section 3.0210 of this part, the
94-13 temporary directors become the initial directors of the district
94-14 and serve terms as provided by Subsection (b) of this section,
94-15 except that not later than the 60th day after the date on which the
94-16 temporary directors declare the district created, the commissioners
94-17 court may replace any director in Places 1-4 and the city council
94-18 of the City of Victoria may replace any director in Places 5-7.
94-19 (b) The initial directors for Places 1, 3, 5, and 7 serve
94-20 for four years following the confirmation of the district. The
94-21 initial directors for Places 2, 4, and 6 serve for two years
94-22 following the confirmation of the district.
94-23 (c) If, for any reason, an appointed director is not
94-24 qualified to take office at the first regular meeting of the board
94-25 following the director's appointment, the director for that place
94-26 shall continue to serve until a successor has qualified.
94-27 SECTION 3.0212. LIMITATION ON TAXATION. The district may
95-1 not impose an ad valorem tax at a rate that exceeds two cents on
95-2 the $100 valuation of taxable property in the district.
95-3 PART 3. HAYS TRINITY GROUNDWATER CONSERVATION DISTRICT
95-4 SECTION 3.0301. RATIFICATION OF CREATION. The creation of
95-5 the Hays Trinity Groundwater Conservation District in a portion of
95-6 Hays County by Chapter 1331, Acts of the 76th Legislature, Regular
95-7 Session, 1999, is ratified as required by Section 15(a) of that
95-8 chapter, subject to approval at a confirmation election under
95-9 Section 3.0309 of this part.
95-10 SECTION 3.0302. DEFINITIONS. In this part:
95-11 (1) "Commissioners court" means the Hays County
95-12 Commissioners Court.
95-13 (2) "District" means the Hays Trinity Groundwater
95-14 Conservation District.
95-15 SECTION 3.0303. BOUNDARIES. The boundaries of the district
95-16 are coextensive with the boundaries of Hays County, Texas,
95-17 excluding any area in Hays County that on the effective date of
95-18 this part is within another groundwater conservation district and
95-19 that has authority to require a permit for the drilling or
95-20 alteration of wells for the withdrawal of groundwater. Within 30
95-21 days of its initial meeting and prior to holding any confirmation
95-22 election, the board of directors of the district shall prepare a
95-23 description of the district boundaries and shall file the
95-24 description with the county clerk of Hays County and the Texas
95-25 Natural Resource Conservation Commission.
95-26 SECTION 3.0304. POWERS. (a) Except as provided by this
95-27 part, the district has all the rights, powers, privileges,
96-1 authority, functions, and duties provided by the general law of
96-2 this state, including Chapter 36, Water Code, applicable to
96-3 groundwater conservation districts created under Section 59,
96-4 Article XVI, Texas Constitution. This part prevails over any
96-5 provision of general law, including Chapter 36, Water Code, or
96-6 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999,
96-7 that is in conflict or inconsistent with this part.
96-8 (b) The rights, powers, privileges, authority, functions,
96-9 and duties of the district are subject to the continuing right of
96-10 supervision of the state to be exercised by and through the Texas
96-11 Natural Resource Conservation Commission.
96-12 (c) The district may not enter property to inspect an exempt
96-13 well without the property owner's permission.
96-14 (d) The commissioners court, by resolution, may require an
96-15 election to be conducted within six months to affirm or reverse a
96-16 decision of the board of directors of the district.
96-17 (e) The district may not require well construction standards
96-18 for residential wells more stringent than state standards for those
96-19 wells.
96-20 SECTION 3.0305. EXEMPTIONS. (a) The following wells are
96-21 exempt from Chapter 36, Water Code, rules and may not be regulated,
96-22 permitted, or metered by the district:
96-23 (1) a well used to satisfy the domestic needs of a
96-24 single private residential household and producing less than 25,000
96-25 gallons per day;
96-26 (2) a well used for conventional farming and ranching
96-27 activities, excluding intensive operations such as aquaculture,
97-1 livestock feedlots, and poultry operations.
97-2 (b) A well used for conventional farming and ranching
97-3 activities, excluding intensive operations such as aquaculture,
97-4 livestock feedlots, and poultry operations, is not required to
97-5 obtain construction authorization.
97-6 SECTION 3.0306. FISCAL RESPONSIBILITIES. (a) The district
97-7 each year shall prepare a budget showing the proposed expenditures
97-8 and disbursements and the estimated receipts and collections for
97-9 the following fiscal year and shall hold a public hearing on the
97-10 proposed budget after publication of a notice of hearing in a
97-11 newspaper of general circulation in the county at least once not
97-12 less than 10 days prior to the date set for the hearing. A person
97-13 who is a taxpayer of the district has the right to appear at the
97-14 time and place designated in the notice and be heard with reference
97-15 to any item shown in the proposed budget. The proposed budget must
97-16 also show the amount of revenues expected to be collected during
97-17 such fiscal year.
97-18 (b) At the written request of the commissioners court, the
97-19 county auditor shall audit the performance of the district. The
97-20 commissioners court may request a general audit of the performance
97-21 of the district or may request an audit of only one or more
97-22 particular duties, practices, functions, or other district matters.
97-23 SECTION 3.0307. BOARD OF DIRECTORS. (a) The district is
97-24 governed by a board of five directors appointed by the
97-25 commissioners court.
97-26 (b) A director must reside in the district.
97-27 (c) Each director must qualify to serve as director in the
98-1 manner provided by Section 36.055, Water Code.
98-2 (d) Directors serve staggered two-year terms.
98-3 (e) A director serves until the director's successor has
98-4 qualified.
98-5 (f) If there is a vacancy on the board, the commissioners
98-6 court shall appoint a director to serve the remainder of the term.
98-7 (g) The commissioners court shall appoint a director to
98-8 succeed a director on or before the date the director's term
98-9 expires.
98-10 (h) A director may not receive a salary or other
98-11 compensation for service as a director but may be reimbursed for
98-12 actual expenses of attending meetings at the rate in effect for
98-13 employees of Hays County.
98-14 SECTION 3.0308. APPOINTMENT AND TERMS OF INITIAL DIRECTORS.
98-15 Not later than the 31st day after the effective date of this part,
98-16 the commissioners court shall appoint:
98-17 (1) two directors to serve terms expiring February 1,
98-18 2003; and
98-19 (2) three directors to serve terms expiring February
98-20 1, 2004.
98-21 SECTION 3.0309. CONFIRMATION ELECTION. (a) The initial
98-22 directors shall call and hold an election to confirm establishment
98-23 of the district not later than the second Saturday in May 2002.
98-24 (b) Section 41.001(a), Election Code, does not apply to a
98-25 confirmation election held as provided by this section.
98-26 (c) Except as provided by this section, a confirmation
98-27 election must be conducted as provided by Sections 36.017(b)-(h),
99-1 Water Code, and the Election Code.
99-2 (d) If the establishment of the district has not been
99-3 confirmed at an election held under this section before the second
99-4 anniversary of the effective date of this part, this part expires
99-5 on that date.
99-6 SECTION 3.0310. FUNDING AUTHORITY. (a) The district may
99-7 levy or collect a fee not to exceed $300 for construction
99-8 authorization for new wells completed after the effective date of
99-9 this part, except as prohibited by Section 3.0305(b) of this part.
99-10 (b) The district may levy or collect a water utility service
99-11 connection fee not to exceed $300 for all new water service
99-12 connections made after the effective date of this part. The fee
99-13 may not be charged on connection fees to a water utility that has
99-14 surface water as its sole source of water.
99-15 PART 4. LONE WOLF GROUNDWATER CONSERVATION DISTRICT
99-16 SECTION 3.0401. RATIFICATION OF CREATION. The creation of
99-17 the Lone Wolf Groundwater Conservation District in Mitchell County
99-18 by Chapter 1331, Acts of the 76th Legislature, Regular Session,
99-19 1999, is ratified as required by Section 15(a) of that chapter,
99-20 subject to approval at a confirmation election under Section 3.0407
99-21 of this part.
99-22 SECTION 3.0402. DEFINITION. In this part, "district" means
99-23 the Lone Wolf Groundwater Conservation District.
99-24 SECTION 3.0403. GENERAL POWERS. The district has all of the
99-25 rights, powers, privileges, authority, functions, and duties
99-26 provided by the general law of the state, including Chapter 36,
99-27 Water Code, applicable to groundwater conservation districts
100-1 created under Section 59, Article XVI, Texas Constitution. This
100-2 part prevails over any provision of general law, including Chapter
100-3 36, Water Code, or Chapter 1331, Acts of the 76th Legislature,
100-4 Regular Session, 1999, that is in conflict or inconsistent with
100-5 this part.
100-6 SECTION 3.0404. BOARD OF DIRECTORS. (a) The district is
100-7 governed by a board of five directors.
100-8 (b) Temporary directors serve until initial directors are
100-9 elected under Section 3.0407 of this part.
100-10 (c) Initial directors serve until permanent directors are
100-11 elected under Section 3.0408 of this part.
100-12 (d) Permanent directors serve staggered four-year terms.
100-13 (e) Each director must qualify to serve as director in the
100-14 manner provided by Section 36.055, Water Code.
100-15 (f) A director serves until the director's successor has
100-16 qualified.
100-17 SECTION 3.0405. COMPENSATION OF DIRECTORS. A director is
100-18 not entitled to fees of office but is entitled to reimbursement of
100-19 actual expenses reasonably and necessarily incurred while engaging
100-20 in activities on behalf of the district.
100-21 SECTION 3.0406. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
100-22 PRECINCTS. (a) The directors of the district shall be elected
100-23 according to the commissioners precinct method as provided by this
100-24 section.
100-25 (b) One director shall be elected by the voters of the
100-26 entire district, and one director shall be elected from each county
100-27 commissioners precinct by the voters of that precinct.
101-1 (c) To be eligible to be a candidate for or to serve as
101-2 director at large, a person must be a registered voter in the
101-3 district. To be eligible to be a candidate for or to serve as
101-4 director from a county commissioners precinct, a person must be a
101-5 registered voter of that precinct.
101-6 (d) A person shall indicate on the application for a place
101-7 on the ballot:
101-8 (1) the precinct that the person seeks to represent;
101-9 or
101-10 (2) that the person seeks to represent the district at
101-11 large.
101-12 (e) When the boundaries of the commissioners precincts are
101-13 changed, each director in office on the effective date of the
101-14 change or elected to a term of office beginning on or after the
101-15 effective date of the change serves in the precinct to which the
101-16 director was elected for the entire term to which the director was
101-17 elected, even though the change in boundaries places the person's
101-18 residence outside the precinct for which the person was elected.
101-19 SECTION 3.0407. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
101-20 (a) The temporary board of directors shall call and hold an
101-21 election to confirm establishment of the district and to elect
101-22 initial directors.
101-23 (b) At the confirmation and initial directors election, the
101-24 temporary board of directors shall have placed on the ballot the
101-25 name of any candidate filing for an initial director position and
101-26 blank spaces to write in the names of other persons. A temporary
101-27 director who is eligible to be a candidate under Section 3.0406 of
102-1 this part may file for an initial director position.
102-2 (c) Section 41.001(a), Election Code, does not apply to a
102-3 confirmation and initial directors election held as provided by
102-4 this section.
102-5 (d) Except as provided by this section, a confirmation and
102-6 initial directors election must be conducted as provided by
102-7 Sections 36.017(b)-(h), Water Code, and the Election Code.
102-8 SECTION 3.0408. ELECTION OF DIRECTORS. (a) On the first
102-9 Saturday in May of the first even-numbered year after the year in
102-10 which the district is authorized to be created at a confirmation
102-11 election, an election shall be held in the district for the
102-12 election of three directors to serve four-year terms and two
102-13 directors to serve two-year terms.
102-14 (b) On the first Saturday in May of each subsequent second
102-15 year following the election, the appropriate number of directors
102-16 shall be elected.
102-17 SECTION 3.0409. LIMITATION ON TAXATION. The district may
102-18 levy property taxes at a rate not to exceed 20 cents on each $100
102-19 of assessed valuation to pay any part of the bonds or notes issued
102-20 by the district if the authority to impose property taxes under
102-21 this part is approved by a majority of the voters voting at a
102-22 confirmation election under Section 3.0407 of this part or at a
102-23 separate election called for that purpose by the board of
102-24 directors.
102-25 SECTION 3.0410. EXPIRATION. If the creation of the district
102-26 is not confirmed at a confirmation election held under Section
102-27 3.0407 of this part before September 1, 2003, the district is
103-1 dissolved and this part expires on that date.
103-2 PART 5. LOST PINES GROUNDWATER CONSERVATION DISTRICT
103-3 SECTION 3.0501. RATIFICATION OF CREATION. The creation of
103-4 the Lost Pines Groundwater Conservation District in Bastrop and Lee
103-5 counties by Chapter 1331, Acts of the 76th Legislature, Regular
103-6 Session, 1999, is ratified as required by Section 15(a) of that
103-7 chapter, subject to approval at a confirmation election under
103-8 Section 3.0507 of this part.
103-9 SECTION 3.0502. DEFINITIONS. In this part:
103-10 (1) "District" means the Lost Pines Groundwater
103-11 Conservation District.
103-12 (2) "Public utility" means any person, corporation,
103-13 public utility, water supply or sewer service corporation,
103-14 municipality, political subdivision, or agency operating,
103-15 maintaining, or controlling facilities in the state for providing
103-16 potable water service for compensation.
103-17 SECTION 3.0503. BOUNDARIES. The boundaries of the district
103-18 are coextensive with the boundaries of Bastrop and Lee counties,
103-19 Texas.
103-20 SECTION 3.0504. POWERS. (a) The district has all of the
103-21 rights, powers, privileges, authority, functions, and duties
103-22 provided by the general law of the state, including Chapter 36,
103-23 Water Code, applicable to groundwater conservation districts
103-24 created under Section 59, Article XVI, Texas Constitution. This
103-25 part prevails over any provision of general law, including Chapter
103-26 36, Water Code, or Chapter 1331, Acts of the 76th Legislature,
103-27 Regular Session, 1999, that is in conflict or inconsistent with
104-1 this part.
104-2 (b) The district may not impose a tax. The district may
104-3 assess regulatory pumping fees for water produced in or exported
104-4 from the district. The regulatory pumping fees the district
104-5 assesses for water for crop or livestock production or other
104-6 agricultural uses may not exceed 20 percent of the rate applied to
104-7 water for municipal uses. Regulatory pumping fees based on the
104-8 amount of water withdrawn from a well may not exceed:
104-9 (1) $1 per acre-foot for water used for the purpose of
104-10 irrigating agricultural crops; or
104-11 (2) 17 cents per thousand gallons for water used for
104-12 any other purpose.
104-13 (c) The district may adopt a rule exempting a well that is
104-14 not capable of producing more than 50,000 gallons of groundwater a
104-15 day from a permit requirement, a fee, or a restriction on
104-16 production.
104-17 SECTION 3.0505. GROUNDWATER WELLS UNDER JURISDICTION OF
104-18 RAILROAD COMMISSION. (a) Groundwater wells drilled or operated
104-19 within the district under permits issued by the Railroad Commission
104-20 of Texas are under the exclusive jurisdiction of the railroad
104-21 commission and are exempt from regulation by the district.
104-22 (b) Groundwater produced in an amount authorized by a
104-23 railroad commission permit may be used within or exported from the
104-24 district without obtaining a permit from the district.
104-25 (c) To the extent groundwater production exceeds railroad
104-26 commission authorization, the holder of the railroad commission
104-27 permit must apply to the district for appropriate permits for the
105-1 excess production and is subject to the applicable regulatory fees.
105-2 (d) Groundwater produced from wells under the jurisdiction
105-3 of the railroad commission is generally exempt from water district
105-4 fees. However, the district may impose either a pumping fee or an
105-5 export fee on groundwater produced from an otherwise exempt mine
105-6 well that is used for municipal purposes or by a public utility.
105-7 Any fee imposed by the district under this subsection may not
105-8 exceed the fee imposed on other groundwater producers in the
105-9 district.
105-10 SECTION 3.0506. BOARD OF DIRECTORS. (a) The district is
105-11 governed by a board of 10 directors.
105-12 (b) Five directors shall be appointed from Bastrop County by
105-13 the county judge of Bastrop County and five directors shall be
105-14 appointed from Lee County by the county judge of Lee County.
105-15 (c) Temporary directors serve until their successors are
105-16 appointed and have qualified.
105-17 (d) The temporary directors shall draw lots to determine:
105-18 (1) which three directors from each county will serve
105-19 four-year terms that expire December 31, 2005; and
105-20 (2) which two directors from each county will serve
105-21 two-year terms that expire December 31, 2003.
105-22 (e) In each subsequent second year following the initial
105-23 appointment of directors, the appropriate number of directors shall
105-24 be appointed.
105-25 (f) Except as provided by Subsection (d) of this section,
105-26 directors serve staggered four-year terms.
105-27 (g) Directors may serve consecutive terms.
106-1 (h) Each director must qualify to serve as director in the
106-2 manner provided by Section 36.055, Water Code.
106-3 (i) A director serves until the director's successor has
106-4 qualified.
106-5 (j) If a vacancy occurs on the board of directors, the board
106-6 may appoint a director to serve the remainder of the term.
106-7 (k) A director may receive fees of office as provided by
106-8 Section 36.060, Water Code, and is entitled to reimbursement for
106-9 reasonable actual expenses incurred in performing duties as a
106-10 director.
106-11 SECTION 3.0507. INITIAL MEETING AND CONFIRMATION ELECTION.
106-12 (a) As soon as practicable after September 1, 2001, the temporary
106-13 directors shall meet to set the date for and call the confirmation
106-14 election. The directors shall hold the meeting in conjunction with
106-15 the regularly scheduled meeting of the directors.
106-16 (b) The election shall be held on the authorized election
106-17 date in November if the United States Department of Justice has
106-18 precleared this part by that time. If this part has not been
106-19 precleared by the November election date, the confirmation election
106-20 shall be held at the next authorized election date. The district
106-21 shall contract with the county clerks of Bastrop and Lee counties
106-22 to conduct the election.
106-23 (c) Except as provided by this section, the confirmation
106-24 election must be conducted as provided by Sections 36.017 and
106-25 36.018, Water Code, and the Election Code.
106-26 (d) If a majority of the votes cast at an election held
106-27 under this section is against the confirmation of the district, the
107-1 temporary directors may not call another election under this
107-2 section before the first anniversary of that election.
107-3 SECTION 3.0508. REGIONAL COOPERATION. The district shall:
107-4 (1) adopt a management plan detailing proposed efforts
107-5 of the district to cooperate with other groundwater conservation
107-6 districts;
107-7 (2) participate as needed in coordination meetings
107-8 with adjacent groundwater conservation districts that share one or
107-9 more aquifers with the district;
107-10 (3) coordinate the collection of data with adjacent
107-11 groundwater conservation districts in such a way as to achieve
107-12 relative uniformity of data type and quality;
107-13 (4) provide groundwater level information to adjacent
107-14 groundwater conservation districts;
107-15 (5) investigate any groundwater pollution to identify
107-16 the pollution's source;
107-17 (6) notify adjacent groundwater conservation districts
107-18 and all appropriate agencies of any groundwater pollution detected
107-19 and the source of pollution identified;
107-20 (7) provide to adjacent groundwater conservation
107-21 districts annually an inventory of water wells in the district and
107-22 an estimate of groundwater production within the district; and
107-23 (8) include adjacent groundwater conservation
107-24 districts on mailing lists for district newsletters and information
107-25 regarding seminars, public education events, news articles, and
107-26 field days.
107-27 SECTION 3.0509. EXPIRATION. If the creation of this
108-1 district is not confirmed at a confirmation election held under
108-2 Section 3.0507 of this part before September 1, 2005, this part
108-3 expires on that date.
108-4 PART 6. MCMULLEN GROUNDWATER CONSERVATION DISTRICT
108-5 SECTION 3.0601. RATIFICATION OF CREATION. The creation of
108-6 the McMullen Groundwater Conservation District in McMullen County
108-7 by Chapter 1331, Acts of the 76th Legislature, Regular Session,
108-8 1999, is ratified as required by Section 15(a) of that chapter,
108-9 subject to approval at a confirmation election under Section 3.0607
108-10 of this part.
108-11 SECTION 3.0602. DEFINITION. In this part, "district" means
108-12 the McMullen Groundwater Conservation District.
108-13 SECTION 3.0603. BOUNDARIES. The boundaries of the district
108-14 are coextensive with the boundaries of McMullen County.
108-15 SECTION 3.0604. GENERAL POWERS. (a) The district has all
108-16 of the rights, powers, privileges, authority, functions, and duties
108-17 provided by the general law of the state, including Chapter 36,
108-18 Water Code, applicable to groundwater conservation districts
108-19 created under Section 59, Article XVI, Texas Constitution. This
108-20 part prevails over any provision of general law, including Chapter
108-21 36, Water Code, or Chapter 1331, Acts of the 76th Legislature,
108-22 Regular Session, 1999, that is in conflict or inconsistent with
108-23 this part.
108-24 (b) The rights, powers, privileges, authority, functions,
108-25 and duties of the district are subject to the continuing right of
108-26 supervision of the state to be exercised by and through the Texas
108-27 Natural Resource Conservation Commission.
109-1 SECTION 3.0605. BOARD OF DIRECTORS. (a) The district is
109-2 governed by a board of five directors.
109-3 (b) Temporary directors serve until initial directors are
109-4 elected under Section 3.0607 of this part.
109-5 (c) Initial directors serve until permanent directors are
109-6 elected under Section 3.0608 of this part.
109-7 (d) Permanent directors serve staggered four-year terms.
109-8 (e) Each director must qualify to serve as director in the
109-9 manner provided by Section 36.055, Water Code.
109-10 (f) A director serves until the director's successor has
109-11 qualified.
109-12 (g) If there is a vacancy on the board, the remaining
109-13 directors shall appoint a director to serve the remainder of the
109-14 term.
109-15 SECTION 3.0606. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
109-16 PRECINCTS. (a) The directors of the district shall be elected
109-17 according to the commissioners precinct method as provided by this
109-18 section.
109-19 (b) One director shall be elected by the voters of the
109-20 entire district and one director shall be elected from each county
109-21 commissioners precinct by the voters of that precinct.
109-22 (c) To be qualified as a candidate for or to serve as
109-23 director at large, a person must be a registered voter in the
109-24 district. To be a candidate for or to serve as director from a
109-25 county commissioners precinct, a person must be a registered voter
109-26 of that precinct.
109-27 (d) A person shall indicate on the application for a place
110-1 on the ballot:
110-2 (1) the precinct that the person seeks to represent;
110-3 or
110-4 (2) that the person seeks to represent the district at
110-5 large.
110-6 (e) When the boundaries of the commissioners precincts are
110-7 changed, each director in office on the effective date of the
110-8 change or elected to a term of office beginning on or after the
110-9 effective date of the change serves in the precinct to which the
110-10 director was elected for the entire term to which the director was
110-11 elected, even though the change in boundaries places the person's
110-12 residence outside the precinct for which the person was elected.
110-13 SECTION 3.0607. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
110-14 (a) The temporary board of directors shall call and hold an
110-15 election to confirm establishment of the district and to elect
110-16 initial directors.
110-17 (b) At the confirmation and initial directors election, the
110-18 temporary board of directors shall have placed on the ballot the
110-19 names of the persons serving as temporary directors who intend to
110-20 run for an initial director position and are qualified to be a
110-21 candidate under Section 3.0606 of this part together with the name
110-22 of any candidate filing for an initial director position and blank
110-23 spaces to write in the names of other persons.
110-24 (c) If the district is created at the election, the
110-25 temporary board of directors, at the time the vote is canvassed,
110-26 shall:
110-27 (1) declare the qualified person who receives the most
111-1 votes for each position to be elected as the initial director for
111-2 that position; and
111-3 (2) include the results of the initial directors
111-4 election in the district's election report to the Texas Natural
111-5 Resource Conservation Commission.
111-6 (d) Section 41.001(a), Election Code, does not apply to a
111-7 confirmation and initial directors election held as provided by
111-8 this section.
111-9 (e) Except as provided by this section, a confirmation and
111-10 initial directors election must be conducted as provided by
111-11 Sections 36.017(b)-(h), Water Code, and the Election Code.
111-12 (f) If a majority of the votes cast at an election held
111-13 under this section is against the confirmation of the district, the
111-14 temporary directors may not call another election under this
111-15 section before the first anniversary of that election.
111-16 SECTION 3.0608. ELECTION OF PERMANENT DIRECTORS. (a) On
111-17 the first Saturday in October of the second year after the year in
111-18 which the district is authorized to be created at a confirmation
111-19 election, an election shall be held in the district for the
111-20 election of directors from county commissioners precincts one and
111-21 three, each of whom serves a two-year term, and directors from
111-22 county commissioners precincts two and four and the director at
111-23 large, each of whom serves a four-year term.
111-24 (b) On the first Saturday in October of each subsequent
111-25 second year following the election, the appropriate number of
111-26 directors shall be elected to the board, each of whom serves a
111-27 four-year term.
112-1 SECTION 3.0609. LIMITATION ON TAXATION. The district may
112-2 not impose an ad valorem tax at a rate that exceeds five cents on
112-3 the $100 valuation of taxable property in the district.
112-4 SECTION 3.0610. EXPIRATION. If the creation of the district
112-5 is not confirmed at a confirmation election held under Section
112-6 3.0607 of this part before September 1, 2003, this part expires on
112-7 that date.
112-8 PART 7. MIDDLE PECOS GROUNDWATER CONSERVATION DISTRICT
112-9 SECTION 3.0701. RATIFICATION OF CREATION. The creation of
112-10 the Middle Pecos Groundwater Conservation District in Pecos County
112-11 by Chapter 1331, Acts of the 76th Legislature, Regular Session,
112-12 1999, is ratified as required by Section 15(a) of that chapter,
112-13 subject to approval at a confirmation election under Section 3.0707
112-14 of this part.
112-15 SECTION 3.0702. DEFINITION. In this part, "district" means
112-16 the Middle Pecos Groundwater Conservation District.
112-17 SECTION 3.0703. BOUNDARIES. The boundaries of the district
112-18 are coextensive with the boundaries of Pecos County.
112-19 SECTION 3.0704. GENERAL POWERS. (a) The district has all
112-20 of the rights, powers, privileges, authority, functions, and duties
112-21 provided by the general law of this state, including Chapter 36,
112-22 Water Code, applicable to groundwater conservation districts
112-23 created under Section 59, Article XVI, Texas Constitution. This
112-24 part prevails over any provision of general law, including Chapter
112-25 36, Water Code, or Chapter 1331, Acts of the 76th Legislature,
112-26 Regular Session, 1999, that is in conflict or inconsistent with
112-27 this part.
113-1 (b) The rights, powers, privileges, authority, functions,
113-2 and duties of the district are not subject to the continuing right
113-3 of supervision of the state through the Texas Natural Resource
113-4 Conservation Commission.
113-5 SECTION 3.0705. BOARD OF DIRECTORS. (a) The district is
113-6 governed by a board of 11 directors.
113-7 (b) Temporary directors serve until initial directors are
113-8 elected under Section 3.0707 of this part.
113-9 (c) Initial directors serve until permanent directors are
113-10 elected under Section 3.0708 of this part.
113-11 (d) Permanent directors serve staggered four-year terms.
113-12 (e) Each director must qualify to serve as director in the
113-13 manner provided by Section 36.055, Water Code.
113-14 (f) A director serves until the director's successor has
113-15 qualified.
113-16 (g) If there is a vacancy on the board, the remaining
113-17 directors shall appoint a director to serve the remainder of the
113-18 term. If at any time there are fewer than three qualified
113-19 directors, the Pecos County Commissioners Court shall appoint the
113-20 necessary number of persons to fill all the vacancies on the board.
113-21 (h) A director may not receive a salary or other
113-22 compensation for service as a director but may be reimbursed for
113-23 actual expenses of attending meetings at the rate in effect for
113-24 employees of Pecos County.
113-25 SECTION 3.0706. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
113-26 PRECINCTS. (a) The directors of the district shall be elected
113-27 according to the method provided by this section.
114-1 (b) One director shall be elected by the qualified voters of
114-2 the entire district, two directors shall be elected from each
114-3 county commissioners precinct by the qualified voters of that
114-4 precinct, one director shall be elected from the city of Iraan by
114-5 the qualified voters of that city, and one director shall be
114-6 elected from the city of Fort Stockton by the qualified voters of
114-7 that city.
114-8 (c) To be qualified to be a candidate for or to serve as a
114-9 director at large, a person must be a registered voter in the
114-10 district. To be a candidate for or to serve as director from a
114-11 county commissioners precinct or a city, a person must be a
114-12 registered voter of that precinct or city, as applicable.
114-13 (d) A person shall indicate on the application for a place
114-14 on the ballot:
114-15 (1) the precinct or city that the person seeks to
114-16 represent; or
114-17 (2) that the person seeks to represent the district at
114-18 large.
114-19 (e) When the boundaries of the commissioners precincts are
114-20 changed, each director in office on the effective date of the
114-21 change or elected to a term of office beginning on or after the
114-22 effective date of the change serves in the precinct to which the
114-23 director was elected for the entire term to which the director was
114-24 elected, even though the change in boundaries places the person's
114-25 residence outside the precinct for which the person was elected.
114-26 SECTION 3.0707. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
114-27 (a) The temporary board of directors shall call and hold an
115-1 election to confirm establishment of the district and to elect
115-2 initial directors.
115-3 (b) At the confirmation and initial directors election, the
115-4 temporary board of directors shall have placed on the ballot the
115-5 name of any candidate filing for an initial director position and
115-6 blank spaces to write in the names of other persons. A temporary
115-7 director who is qualified to be a candidate under Sections 3.0705
115-8 and 3.0706 of this part may file for an initial director position.
115-9 (c) Section 41.001(a), Election Code, does not apply to a
115-10 confirmation and initial directors election held as provided by
115-11 this section.
115-12 (d) Except as provided by this section, a confirmation and
115-13 initial directors election must be conducted as provided by
115-14 Sections 36.017(b)-(h), Water Code, and the Election Code.
115-15 (e) The elected initial directors shall draw lots to
115-16 determine their terms. One director from each county commissioners
115-17 precinct and the director from the district at large serve terms
115-18 that expire on the date of the first election held under Section
115-19 3.0708 of this part. The remaining directors serve terms that
115-20 expire on the date of the second election held under Section 3.0708
115-21 of this part.
115-22 (f) If the majority of the votes cast at an election held
115-23 under this section is against the confirmation of the district, the
115-24 temporary directors may call another election under this section to
115-25 be held not later than August 31, 2003.
115-26 SECTION 3.0708. ELECTION OF DIRECTORS. On the first
115-27 Saturday in May of the first even-numbered year after the year in
116-1 which the district is authorized to be created at a confirmation
116-2 election and on the first Saturday in May of each subsequent second
116-3 year, an election shall be held in the district to elect the
116-4 appropriate number of directors.
116-5 SECTION 3.0709. EXPIRATION. If the creation of the district
116-6 is not confirmed at a confirmation election held under Section
116-7 3.0707 of this part before September 1, 2003, the district is
116-8 dissolved and this part expires on that date.
116-9 PART 8. RED SANDS GROUNDWATER CONSERVATION DISTRICT
116-10 SECTION 3.0801. RATIFICATION OF CREATION. The creation of
116-11 the Red Sands Groundwater Conservation District in Hidalgo County
116-12 by Chapter 1331, Acts of the 76th Legislature, Regular Session,
116-13 1999, is ratified as required by Section 15(a) of that chapter,
116-14 subject to approval at a confirmation election under Section 3.0808
116-15 of this part.
116-16 SECTION 3.0802. DEFINITION. In this part, "district" means
116-17 the Red Sands Groundwater Conservation District.
116-18 SECTION 3.0803. BOUNDARIES. The district includes all of
116-19 the territory contained in the following described area:
116-20 A 19,232 acre tract more or less out of San Salvador Del Tule Grant
116-21 as recorded in Volume 10, Page 58 of the Hidalgo County, Texas map
116-22 records and out of the Santa Anita Grant as recorded in Volume 7,
116-23 Page 38 of the Hidalgo County, Texas map records.
116-24 Commencing at the Southeast Corner of this here in described
116-25 boundary tract, said point being the intersection of the centerline
116-26 of U.S. Highway 281 and the centerline of Farm to Market Road
116-27 number 490 (F.M. 490) (West Hargill Road) as shown in the map of
117-1 San Salvador Del Tule Grant as recorded in Volume 10, Page 58 of
117-2 the Hidalgo County map records. Said point is also the point of
117-3 beginning.
117-4 Thence, Westerly along the center line of the F.M. 490, an
117-5 approximate distance of 18,400 feet to a point on the West line of
117-6 San Salvador Del Tule Grant, said point also being the intersection
117-7 of the centerline of F.M. 490 and the West line of the San Salvador
117-8 Del Tule Grant,
117-9 Thence, Northerly along the West line of the San Salvador Del Tule
117-10 Grant and the East line of the Santa Anita Grant at an approximate
117-11 distance of 21,300 feet to a point, said point being an inside
117-12 corner of this herein described tract, and also being the Southeast
117-13 corner of Redland Vineyards Subdivision as recorded in Volume 4,
117-14 Page 51 of the Hidalgo County map records,
117-15 Thence, Westerly along the South line of the Redland Vineyards
117-16 Subdivision, an approximate distance of 4,238 feet to a point, said
117-17 point being an outside corner of this herein described tract, said
117-18 point also being the Southwest corner of the Redland Vineyard
117-19 Subdivision,
117-20 Thence, Northerly with the West line of Redland Vineyards
117-21 Subdivision, at approximately 4,590.50 feet past a point, said
117-22 point being the Northwest corner of Redland Vineyard Subdivision,
117-23 and the Southwest corner of Delbridge Subdivision as recorded in
117-24 Volume 5, Page 11, Hidalgo County map records, and continuing
117-25 Northerly along the West line of Delbridge Subdivision for an
117-26 approximate total distance of 6,646 feet to a point, said point
117-27 being an inside corner of this herein described tract, and also
118-1 being the Northwest corner of Delbridge Subdivision,
118-2 Thence, Westerly along the South line of a 196.37 acres tract,
118-3 known as the A.B. De Kock Tract, an approximate distance of 3,500
118-4 feet past the Southeast corner of share 4, out of the 8,374.70 acre
118-5 tract partition out of the Santa Anita Grant as recorded in Volume
118-6 7, Page 38, in the Hidalgo County map records and continuing
118-7 Westerly for an approximate total distance of 6,500 feet to a
118-8 point, said point being an outside corner of this herein described
118-9 tract and also being the Southwest corner of share 4,
118-10 Thence, Northerly along the West line of share 4, an approximate
118-11 total distance of 19,143 feet to a point, said point being the
118-12 Northwest corner of this herein described tracts and, the
118-13 intersection of the West line of share 4 and the centerline of Farm
118-14 to Market Road number 1017, (F.M. 1017)
118-15 Thence, in a Southeasterly direction, with the Right-of-Way
118-16 centerline of Farm to Market Road number 1017 (F.M. 1017) an
118-17 approximate total distance of 27,800 feet to a point, said point
118-18 being the Northeast corner of this herein described tract, and also
118-19 being the intersection of the centerline of F.M. 1017 Right-of-Way
118-20 and the center line of the U.S. Highway 281 Right-Of-Way,
118-21 Thence, in a Southerly direction, with the centerline of U.S.
118-22 Highway 281 Right-Of-Way, an approximate distance of 7,500 feet
118-23 past Floral Road, and at approximate 21,700 feet past Red Gate Road
118-24 and at approximate 29,700 feet past Laguna Seca Road and for an
118-25 approximate total distance of 39,300 feet to the point of beginning
118-26 of this here in described tract, said tract contains 19,232 Acres,
118-27 More or Less.
119-1 SECTION 3.0804. FINDINGS RELATIVE TO BOUNDARIES. The
119-2 legislature finds that the boundaries and field notes of the
119-3 district form a closure. A mistake in the field notes or in the
119-4 copying of the field notes in the legislative process does not
119-5 affect the organization, existence, or validity of the district,
119-6 the right of the district to levy and collect taxes, or the
119-7 legality or operation of the district or its governing body.
119-8 SECTION 3.0805. GENERAL POWERS. (a) Except as provided by
119-9 this part, the district has all of the rights, powers, privileges,
119-10 authority, functions, and duties provided by the general law of the
119-11 state, including Chapter 36, Water Code, applicable to groundwater
119-12 conservation districts created under Section 59, Article XVI, Texas
119-13 Constitution. This part prevails over any provision of general
119-14 law, including Chapter 36, Water Code, or Chapter 1331, Acts of the
119-15 76th Legislature, Regular Session, 1999, that is in conflict or
119-16 inconsistent with this part.
119-17 (b) The rights, powers, privileges, authority, functions,
119-18 and duties of the district are subject to the continuing right of
119-19 supervision of the state, to be exercised by and through the Texas
119-20 Natural Resource Conservation Commission.
119-21 SECTION 3.0806. BOARD OF DIRECTORS. (a) The district is
119-22 governed by a board of five directors, each elected at large to one
119-23 of five numbered places.
119-24 (b) To be eligible to serve as a director, an individual
119-25 must reside in the district.
119-26 (c) Each director must qualify to serve as director in the
119-27 manner provided by Section 36.055, Water Code.
120-1 (d) Permanent directors serve staggered three-year terms.
120-2 (e) A director serves until the director's successor has
120-3 qualified.
120-4 (f) A vacancy in the office of director shall be filled by
120-5 appointment of the board of directors until the next election of
120-6 directors, at which election a person shall be elected to fill the
120-7 position. If the position is not scheduled to be filled at the
120-8 election, the person elected to fill the position serves only the
120-9 remainder of the unexpired term.
120-10 (g) An appointed director who is qualified to serve as a
120-11 director under Subsection (b) of this section is eligible to run
120-12 for election to the board of directors.
120-13 SECTION 3.0807. TEMPORARY DIRECTORS. (a) The temporary
120-14 board of directors is composed of:
120-15 (1) Lucas Hinojosa;
120-16 (2) Becky Guerra;
120-17 (3) Arcadio Guerra;
120-18 (4) Elizabeth Ann Sweet; and
120-19 (5) John Cozad.
120-20 (b) The temporary directors are not required to meet the
120-21 eligibility requirements of permanent directors.
120-22 (c) Temporary directors serve until permanent directors are
120-23 elected at the confirmation election under Section 3.0808 of this
120-24 part.
120-25 SECTION 3.0808. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
120-26 (a) The temporary board of directors shall call and hold an
120-27 election to confirm establishment of the district and to elect
121-1 initial directors.
121-2 (b) At the confirmation and initial directors election, the
121-3 temporary board of directors shall have placed on the ballot the
121-4 names of the candidates for each of the five numbered positions and
121-5 blank spaces to write in the names of other persons. Names on the
121-6 ballot may include persons serving as temporary directors who
121-7 intend to run for an initial director position together with the
121-8 name of any candidate filing for an initial director position.
121-9 (c) If a majority of the votes cast at the election are in
121-10 favor of the creation of the district, the temporary board of
121-11 directors shall declare the district created. If a majority of the
121-12 votes cast at the election are against the creation of the
121-13 district, the temporary board of directors shall declare the
121-14 district defeated. The temporary board of directors shall file a
121-15 copy of the election results with the Texas Natural Resource
121-16 Conservation Commission.
121-17 (d) If a majority of the votes cast at the election are
121-18 against the creation of the district, the temporary board of
121-19 directors may not call another election under this section before
121-20 the first anniversary of the date of the election.
121-21 (e) If the creation of the district is confirmed at the
121-22 election, the temporary board of directors, at the time the vote is
121-23 canvassed, shall:
121-24 (1) declare the qualified person who receives the most
121-25 votes for each position to be elected as the initial director for
121-26 that position; and
121-27 (2) include the results of the initial directors
122-1 election in the district's election report to the Texas Natural
122-2 Resource Conservation Commission.
122-3 (f) The initial directors shall draw lots to determine their
122-4 terms so that:
122-5 (1) one director serves a one-year term that expires
122-6 on the anniversary of the date the initial directors were elected;
122-7 (2) two directors serve two-year terms that expire on
122-8 the anniversary of the date the initial directors were elected; and
122-9 (3) two directors serve three-year terms that expire
122-10 on the anniversary of the date the initial directors were elected.
122-11 (g) Section 41.001(a), Election Code, does not apply to a
122-12 confirmation and initial directors election held as provided by
122-13 this section.
122-14 (h) Except as provided by this section, a confirmation
122-15 election must be conducted as provided by Sections 36.017(b)-(h),
122-16 Water Code, and the Election Code.
122-17 SECTION 3.0809. ELECTION OF PERMANENT DIRECTORS. Beginning
122-18 in the first year after the year in which the district is
122-19 authorized to be created at a confirmation election, the board of
122-20 directors shall call an election to be held in the district on the
122-21 first Saturday of the month in which the initial directors were
122-22 elected under Section 3.0808 of this part and every year after that
122-23 date to elect the appropriate number of directors to the board.
122-24 SECTION 3.0810. ELIGIBLE DISTRICT VOTERS. Any person
122-25 qualified to vote under the Election Code who resides in the
122-26 district is eligible to vote in district elections.
122-27 SECTION 3.0811. TAXATION AUTHORITY. (a) The board of
123-1 directors shall impose taxes in accordance with Subchapter G,
123-2 Chapter 36, Water Code.
123-3 (b) Notwithstanding Section 36.201, Water Code, the board of
123-4 directors may annually impose an ad valorem tax at a rate not to
123-5 exceed two cents on each $100 of assessed valuation unless a higher
123-6 rate is approved by a majority of the voters of the district voting
123-7 at an election called and held for that purpose.
123-8 SECTION 3.0812. TRANSPORTATION OF GROUNDWATER. (a) The
123-9 board of directors may adopt rules under Section 36.122, Water
123-10 Code, requiring a permit to transport district groundwater outside
123-11 the district. The board of directors shall authorize the
123-12 transportation of groundwater for use outside the district if the
123-13 board determines that the use is in the public interest. The board
123-14 of directors may:
123-15 (1) designate uses of water that are in the public
123-16 interest; and
123-17 (2) establish criteria for permits issued under the
123-18 rules.
123-19 (b) Transportation projects for the use of groundwater
123-20 outside the district that began before September 1, 2001, may
123-21 continue without a permit if the use of groundwater is on land
123-22 contiguous to the district's boundaries and is for domestic or
123-23 livestock purposes.
123-24 SECTION 3.0813. EXPIRATION. If the creation of the district
123-25 is not confirmed at a confirmation election held under Section
123-26 3.0808 of this part before September 1, 2003, this part expires on
123-27 that date.
124-1 PART 9. REFUGIO GROUNDWATER CONSERVATION DISTRICT
124-2 SECTION 3.0901. RATIFICATION OF CREATION. The creation of
124-3 the Refugio Groundwater Conservation District in Refugio County by
124-4 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999,
124-5 is ratified as required by Section 15(a) of that chapter, subject
124-6 to approval at a confirmation election under Section 3.0907 of this
124-7 part.
124-8 SECTION 3.0902. DEFINITION. In this part, "district" means
124-9 the Refugio Groundwater Conservation District.
124-10 SECTION 3.0903. BOUNDARIES. The boundaries of the district
124-11 are coextensive with the boundaries of Refugio County.
124-12 SECTION 3.0904. GENERAL POWERS. The district has all of the
124-13 rights, powers, privileges, authority, functions, and duties
124-14 provided by the general law of this state, including Chapter 36,
124-15 Water Code, applicable to groundwater conservation districts
124-16 created under Section 59, Article XVI, Texas Constitution. This
124-17 part prevails over any provision of general law, including Chapter
124-18 36, Water Code, or Chapter 1331, Acts of the 76th Legislature,
124-19 Regular Session, 1999, that is in conflict or inconsistent with
124-20 this part.
124-21 SECTION 3.0905. BOARD OF DIRECTORS. (a) The district is
124-22 governed by a board of five directors.
124-23 (b) Temporary directors serve until initial directors are
124-24 elected under Section 3.0907 of this part.
124-25 (c) Initial directors serve until permanent directors are
124-26 elected under Section 3.0908 of this part.
124-27 (d) Permanent directors serve staggered four-year terms.
125-1 (e) Each director must qualify to serve as director in the
125-2 manner provided by Section 36.055, Water Code.
125-3 (f) A director serves until the director's successor has
125-4 qualified.
125-5 (g) If a director fails to qualify for office or if there is
125-6 at any time a vacancy on the temporary board of directors, the
125-7 commissioners court shall appoint a person to fill the vacancy.
125-8 SECTION 3.0906. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
125-9 PRECINCTS. (a) The directors of the district shall be elected
125-10 according to the commissioners precinct method as provided by this
125-11 section.
125-12 (b) One director shall be elected by the qualified voters of
125-13 the entire district, and one director shall be elected from each
125-14 county commissioners precinct by the qualified voters of that
125-15 precinct.
125-16 (c) To be qualified to be a candidate for or to serve as
125-17 director at large, a person must be a registered voter in the
125-18 district. To be a candidate for or to serve as director from a
125-19 county commissioners precinct, a person must be a registered voter
125-20 of that precinct.
125-21 (d) A person shall indicate on the application for a place
125-22 on the ballot:
125-23 (1) the precinct that the person seeks to represent;
125-24 or
125-25 (2) that the person seeks to represent the district at
125-26 large.
125-27 (e) When the boundaries of the commissioners precincts are
126-1 changed, each director in office on the effective date of the
126-2 change or elected to a term of office beginning on or after the
126-3 effective date of the change serves in the precinct to which the
126-4 director was elected for the entire term to which the director was
126-5 elected, even though the change in boundaries places the person's
126-6 residence outside the precinct for which the person was elected.
126-7 SECTION 3.0907. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
126-8 (a) The temporary board of directors shall call and hold an
126-9 election to confirm establishment of the district and to elect
126-10 initial directors.
126-11 (b) At the confirmation and initial directors election, the
126-12 temporary board of directors shall have placed on the ballot the
126-13 name of any candidate filing for an initial director position and
126-14 blank spaces to write in the names of other persons. A temporary
126-15 director who is qualified to be a candidate under Sections 3.0905
126-16 and 3.0906 of this part may file for an initial director position.
126-17 (c) Section 41.001(a), Election Code, does not apply to a
126-18 confirmation and initial directors election held as provided by
126-19 this section.
126-20 (d) Except as provided by this section, a confirmation and
126-21 initial directors election must be conducted as provided by
126-22 Sections 36.017(b)-(h), Water Code, and the Election Code.
126-23 SECTION 3.0908. ELECTION OF DIRECTORS. (a) On the first
126-24 Saturday in May of the first even-numbered year after the year in
126-25 which the district is authorized to be created at a confirmation
126-26 election, an election shall be held in the district for the
126-27 election of three directors to serve four-year terms and two
127-1 directors to serve two-year terms.
127-2 (b) On the first Saturday in May of each subsequent second
127-3 year following the election, the appropriate number of directors
127-4 shall be elected.
127-5 SECTION 3.0909. EXPIRATION. If the creation of the district
127-6 is not confirmed at a confirmation election held under Section
127-7 3.0907 of this part before September 1, 2003, the district is
127-8 dissolved and this part expires on that date.
127-9 PART 10. SOUTHEAST TRINITY GROUNDWATER CONSERVATION DISTRICT
127-10 SECTION 3.1001. PURPOSE. The purpose of this part is to
127-11 ratify the Southeast Trinity Groundwater Conservation District, a
127-12 locally controlled groundwater district, to protect, recharge, and
127-13 prevent the waste of groundwater and to control subsidence of water
127-14 from the groundwater reservoirs.
127-15 SECTION 3.1002. RATIFICATION OF CREATION. The creation of
127-16 the Southeast Trinity Groundwater Conservation District by Chapter
127-17 1331, Acts of the 76th Legislature, Regular Session, 1999, is
127-18 ratified as required by Section 15(a) of that Act, subject to a
127-19 confirmation election under Section 3.1008 of this part.
127-20 SECTION 3.1003. DEFINITIONS. In this part:
127-21 (1) "Board" means the board of directors of the
127-22 district.
127-23 (2) "Commission" means the Texas Natural Resource
127-24 Conservation Commission.
127-25 (3) "District" means the Southeast Trinity Groundwater
127-26 Conservation District.
127-27 SECTION 3.1004. BOUNDARIES. The boundaries of the district
128-1 are as follows:
128-2 BEGINNING at the point of intersection of the Bexar County -
128-3 Comal County - Kendall County line:
128-4 THENCE following the meanders of the Cibolo Creek, the Bexar
128-5 County - Comal County line in an Easterly direction to the point of
128-6 intersection with latitude 29 40':
128-7 THENCE along 29 40' in a Southeasterly direction to the
128-8 point of intersection with Farm to Market Road 3009:
128-9 THENCE with the centerline of Farm to Market Road 3009 in a
128-10 Southerly direction to the point of intersection with the
128-11 centerline of Schoenthal Road:
128-12 THENCE with the centerline of Schoenthal Road in a
128-13 Northeasterly direction to the point of intersection with the
128-14 centerline of Farm to Market Road 1863:
128-15 THENCE with the centerline of Farm to Market Road 1863 in an
128-16 Easterly direction to the point of intersection with the centerline
128-17 of Mission Valley Road:
128-18 THENCE with the centerline of Mission Valley Road in a
128-19 Northeasterly direction to the point of intersection with the
128-20 centerline of State Highway 46;
128-21 THENCE with the centerline of State Highway 46 in a
128-22 Northwesterly direction to the point of intersection with the
128-23 centerline of Hueco Springs Loop Road:
128-24 THENCE with the centerline of Hueco Springs Loop Road in a
128-25 Northeasterly then Easterly direction to the point of intersection
128-26 with the centerline of River Road:
128-27 THENCE with the centerline of River Road in a Northeasterly
129-1 direction to the point of intersection with the Guadalupe River at
129-2 the First Crossing:
129-3 THENCE following the meanders of the Guadalupe River in a
129-4 Northerly direction to the point of intersection of the centerlines
129-5 of the Guadalupe River and Deep Creek:
129-6 (Note: the next four paragraphs coincide with the Southern
129-7 boundary of Comal County Voters Precinct 18)
129-8 THENCE along the meanders of Deep Creek in a Northeasterly
129-9 direction to the point of intersection of the centerline of Deep
129-10 Creek and the South line of the G. F. Lawrence Survey No. 33,
129-11 Abstract No. 358:
129-12 THENCE with the South line of the G. F. Lawrence Survey No.
129-13 33, Abstract No. 358 in a Northeasterly, Southeasterly, and
129-14 Northeasterly direction to the point of intersection of the South
129-15 centerline of Farm to Market Road 306 being at approximately
129-16 Engineers Station 397+98.3:
129-17 THENCE with the centerline of Farm to Market Road 306 in a
129-18 Southeasterly direction to the point of intersection of the
129-19 centerlines of Farm to Market Road 306 and the William Pfeuffer
129-20 private ranch road:
129-21 THENCE with the approximate bearing N 69 E and approximate
129-22 distance 5,000 feet to an angle point in the Comal County - Hays
129-23 County Line:
129-24 THENCE with the Comal County - Hays County line in a
129-25 Northwesterly direction to the point of intersection of the Comal
129-26 County - Hays County line with the Comal County - Blanco County
129-27 line:
130-1 THENCE with the Comal County - Blanco County line in a
130-2 Southwesterly direction to the point of intersection of the Comal
130-3 County - Blanco County - Kendall County line, continuing with the
130-4 Comal County - Kendall County line in a Southwesterly direction to
130-5 point of intersection of the Kendall County - Comal County - Bexar
130-6 County line being the Point of Beginning.
130-7 SECTION 3.1005. FINDINGS RELATIVE TO BOUNDARIES. The
130-8 legislature finds that the boundaries and field notes of the
130-9 district form a closure. A mistake in the field notes or in
130-10 copying the field notes in the legislative process does not affect
130-11 the organization, existence, or validity of the district, the right
130-12 of the district to levy and collect taxes, or the legality or
130-13 operation of the district or its governing body.
130-14 SECTION 3.1006. AUTHORITY OF DISTRICT. (a) Except as
130-15 provided by this section or otherwise by this part, the district
130-16 has the same permitting and general management powers as those
130-17 granted under Chapter 36, Water Code.
130-18 (b) The district has no regulatory jurisdiction over the
130-19 Edwards Aquifer or any surface water supply.
130-20 (c) The board by rule may impose reasonable fees, including
130-21 fees for groundwater transported out of the district, on each
130-22 groundwater well in the district that is not exempt from regulation
130-23 by the district, based on the amount of water withdrawn from the
130-24 well. The fees may be assessed annually, based on the size of
130-25 column pipe used in the wells, pump capacity, or actual,
130-26 authorized, or anticipated pumpage, to pay the maintenance and
130-27 operating expenses of the district's regulation of groundwater.
131-1 (d) Section 36.205(c), Water Code, does not apply to the
131-2 district.
131-3 (e) The district may assess an ad valorem property tax not
131-4 to exceed seven cents per $100 valuation for administrative,
131-5 operation, and maintenance expenses if approved by a majority of
131-6 the qualified voters voting in an election authorizing the tax.
131-7 (f) Any district conservation fee paid by a retail public
131-8 utility to the district shall be:
131-9 (1) collected by the retail public utility directly as
131-10 a regulatory fee from the customers of the utility and paid to the
131-11 district; and
131-12 (2) shown as a separate line item on the customer's
131-13 bill.
131-14 (g) Fees may not be assessed for groundwater withdrawn from
131-15 the Edwards Aquifer.
131-16 (h) The district shall determine which classes of wells are
131-17 exempt from permitting requirements.
131-18 (i) The district may not require a permit for:
131-19 (1) the drilling of or producing from a well either
131-20 drilled, completed, or equipped so that it is capable of producing
131-21 less than 10,000 gallons of water per day; or
131-22 (2) the drilling of or alteration of the size of a
131-23 well or to restrict the production of a well if the water produced
131-24 or to be produced from the well is or will be used to supply the
131-25 domestic needs of five or fewer households in which a person who is
131-26 a member of each household is either the owner of the well, a
131-27 person related to the owner or to a member of the owner's household
132-1 within the second degree by consanguinity, or an employee of the
132-2 owner.
132-3 (j) The district may construct according to, implement, and
132-4 maintain best management practices in the district and may engage
132-5 in and promote acceptance of best management practices through
132-6 education efforts sponsored by the district for the purposes of
132-7 water quality and water availability practices such as brush
132-8 management, recharge enhancement, water and silt detention and
132-9 retention structures, plugging of abandoned wells, and other
132-10 treatment measures for the conservation of groundwater resources.
132-11 SECTION 3.1007. BOARD OF DIRECTORS. (a) The district is
132-12 governed by a board of five directors.
132-13 (b) Temporary directors have been appointed by Comal County
132-14 Commissioners Court and shall serve until initial directors are
132-15 elected under Section 3.1008 of this part.
132-16 (c) The temporary directors are:
132-17 (1) Cal Perrine;
132-18 (2) Ernest T. Lee;
132-19 (3) Jill Sondeen;
132-20 (4) Larry Hull; and
132-21 (5) Stovy Bowlin.
132-22 (d) Initial directors shall be elected at a confirmation
132-23 election and serve until permanent directors are elected under
132-24 Section 3.1009 of this part.
132-25 (e) Permanent directors serve staggered four-year terms.
132-26 (f) The directors shall be elected from four precincts, and
132-27 one director will represent the district at large. No more than
133-1 two precincts may be in a single municipality.
133-2 (g) A member of the board must reside in and be a registered
133-3 voter in the precinct from which the person is elected or appointed
133-4 if representing a precinct or must reside and be registered to vote
133-5 in the district if representing the district at large.
133-6 (h) Directors may serve consecutive terms.
133-7 (i) In an election for board members, a write-in vote may
133-8 not be counted unless the name written in appears on the list of
133-9 write-in candidates. A declaration of write-in candidacy must be
133-10 filed not later than 5 p.m. of the 45th day before election day.
133-11 (j) Vacancies in the office of director are filled by
133-12 appointment of the board. If the vacant office is not scheduled
133-13 for election within the next two years at the time of the
133-14 appointment, the board shall order an election for the unexpired
133-15 term to be held as part of the next regularly scheduled directors
133-16 election. The appointed director's term ends on qualification of
133-17 the director elected at that election.
133-18 (k) The district may not issue bonds before September 1,
133-19 2004.
133-20 SECTION 3.1008. CONFIRMATION ELECTION AND ELECTION OF
133-21 INITIAL DIRECTORS. (a) As soon as practicable after September 1,
133-22 2001, the temporary board of directors may set the date for, call,
133-23 and hold an election:
133-24 (1) to confirm establishment of the district;
133-25 (2) to elect five initial directors; and
133-26 (3) to authorize the district to impose a tax.
133-27 (b) The election may be held on the first authorized
134-1 election date after the United States Department of Justice has
134-2 precleared this part. The district shall contract with the county
134-3 clerk of Comal County to conduct the election.
134-4 (c) The elected initial directors shall draw lots to
134-5 determine their terms so that:
134-6 (1) two of the initial directors serve two-year terms
134-7 that expire on the uniform election date in November of the second
134-8 year after the date the initial directors were elected; and
134-9 (2) the remaining three initial directors serve
134-10 four-year terms that expire on the uniform election date in
134-11 November of the fourth year after the year in which the initial
134-12 directors were elected.
134-13 (d) Section 41.001(a), Election Code, does not apply to a
134-14 confirmation and directors election held as provided by this
134-15 section.
134-16 (e) Except as provided by this section, a confirmation and
134-17 directors election must be conducted as provided by Sections
134-18 36.017(b)-(h), Water Code, and the Election Code.
134-19 (f) The Comal County Commissioners Court shall pay the
134-20 expenses of conducting the confirmation and initial directors
134-21 election, subject to reimbursement from the district if the
134-22 establishment of the district is confirmed or from available
134-23 revenues, including funds allocated under Section 36.160, Water
134-24 Code, if the establishment of the district is defeated.
134-25 (g) If the district is defeated, the temporary directors may
134-26 call and hold subsequent elections to confirm establishment of the
134-27 district. A subsequent election may not be held earlier than the
135-1 first anniversary of the date on which the previous election was
135-2 held. If the district has not been confirmed at an election held
135-3 under this section before the fourth anniversary of the effective
135-4 date of this part, the district is dissolved on that date, except
135-5 that any debts incurred shall be paid and the organization of the
135-6 district shall be maintained until all debts are paid.
135-7 SECTION 3.1009. ELECTION OF PERMANENT DIRECTORS. (a) On
135-8 the uniform election date in November of the second year after the
135-9 year in which initial directors are elected, an election shall be
135-10 held in the district to elect two permanent directors for the
135-11 positions of the two initial directors serving two-year terms.
135-12 (b) On the uniform election date in November of each
135-13 subsequent second year following the election held under Subsection
135-14 (a) of this section, an election shall be held to elect the
135-15 appropriate number of permanent directors to the board.
135-16 SECTION 3.1010. COORDINATION WITH OTHER DISTRICTS. The
135-17 district may coordinate activities with other groundwater districts
135-18 that regulate the Trinity Aquifer for the purposes of conjunctively
135-19 managing the common resource.
135-20 SECTION 3.1011. MODIFICATION OF DISTRICT. The district may
135-21 be modified only under Subchapter J, Chapter 36, Water Code, and by
135-22 subsequent acts of the legislature.
135-23 SECTION 3.1012. STATUTORY INTERPRETATION. Except as
135-24 otherwise provided by this part, if there is a conflict between
135-25 this part and Chapter 36, Water Code, or Chapter 1331, Acts of the
135-26 76th Legislature, Regular Session, 1999, this part controls.
135-27 PART 11. TEXANA GROUNDWATER CONSERVATION DISTRICT
136-1 SECTION 3.1101. RATIFICATION OF CREATION. The creation of
136-2 the Texana Groundwater Conservation District in Jackson County by
136-3 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999,
136-4 is ratified as required by Section 15(a) of that chapter, subject
136-5 to approval at a confirmation election under Section 3.1107 of this
136-6 part.
136-7 SECTION 3.1102. DEFINITION. In this part, "district" means
136-8 the Texana Groundwater Conservation District.
136-9 SECTION 3.1103. BOUNDARIES. The boundaries of the district
136-10 are coextensive with the boundaries of Jackson County.
136-11 SECTION 3.1104. GENERAL POWERS. The district has all of the
136-12 rights, powers, privileges, authority, functions, and duties
136-13 provided by the general law of the state, including Chapter 36,
136-14 Water Code, applicable to groundwater conservation districts
136-15 created under Section 59, Article XVI, Texas Constitution. This
136-16 part prevails over any provision of general law, including Chapter
136-17 36, Water Code, or Chapter 1331, Acts of the 76th Legislature,
136-18 Regular Session, 1999, that is in conflict or inconsistent with
136-19 this part.
136-20 SECTION 3.1105. BOARD OF DIRECTORS. (a) The district is
136-21 governed by a board of seven directors.
136-22 (b) Temporary directors serve until initial directors are
136-23 elected under Section 3.1107 of this part.
136-24 (c) Initial directors serve until permanent directors are
136-25 elected under Section 3.1108 of this part.
136-26 (d) Permanent directors serve staggered four-year terms.
136-27 (e) Each director must qualify to serve as director in the
137-1 manner provided by Section 36.055, Water Code.
137-2 (f) A director serves until the director's successor has
137-3 qualified.
137-4 (g) If there is a vacancy on the board, the remaining
137-5 directors shall appoint a director to serve the remainder of the
137-6 term.
137-7 (h) A director may not receive a salary or other
137-8 compensation for service as a director but may be reimbursed for
137-9 actual expenses of attending meetings at the rate in effect for
137-10 employees of Jackson County.
137-11 SECTION 3.1106. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
137-12 PRECINCTS. (a) The directors of the district shall be elected
137-13 according to the commissioners precinct method as provided by this
137-14 section.
137-15 (b) Three directors shall be elected by the qualified voters
137-16 of the entire district, and one director shall be elected from each
137-17 county commissioners precinct by the qualified voters of that
137-18 precinct.
137-19 (c) To be qualified to be a candidate for or to serve as a
137-20 director at large, a person must be a registered voter in the
137-21 district. To be a candidate for or to serve as director from a
137-22 county commissioners precinct, a person must be a registered voter
137-23 of that precinct.
137-24 (d) A person shall indicate on the application for a place
137-25 on the ballot:
137-26 (1) the precinct that the person seeks to represent;
137-27 or
138-1 (2) that the person seeks to represent the district at
138-2 large.
138-3 (e) When the boundaries of the commissioners precincts are
138-4 changed, each director in office on the effective date of the
138-5 change or elected to a term of office beginning on or after the
138-6 effective date of the change serves in the precinct to which the
138-7 director was elected for the entire term to which the director was
138-8 elected, even though the change in boundaries places the person's
138-9 residence outside the precinct for which the person was elected.
138-10 SECTION 3.1107. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
138-11 (a) The temporary board of directors shall call and hold an
138-12 election to confirm establishment of the district and to elect
138-13 initial directors.
138-14 (b) At the confirmation and initial directors election, the
138-15 temporary board of directors shall have placed on the ballot the
138-16 name of any candidate filing for an initial director position and
138-17 blank spaces to write in the names of other persons. A temporary
138-18 director who is qualified to be a candidate under Sections 3.1105
138-19 and 3.1106 of this part may file for an initial director position.
138-20 (c) Section 41.001(a), Election Code, does not apply to a
138-21 confirmation and initial directors election held as provided by
138-22 this section.
138-23 (d) Except as provided by this section, a confirmation and
138-24 initial directors election must be conducted as provided by
138-25 Sections 36.017(b)-(h), Water Code, and the Election Code.
138-26 (e) If the majority of the votes cast at an election held
138-27 under this section is against the confirmation of the district, the
139-1 temporary directors may not call another election under this
139-2 section before the first anniversary of that election.
139-3 SECTION 3.1108. ELECTION OF DIRECTORS. (a) On the first
139-4 Saturday in May of the first even-numbered year after the year in
139-5 which the district is authorized to be created at a confirmation
139-6 election, an election shall be held in the district for the
139-7 election of two directors at large and two directors representing
139-8 precincts to serve four-year terms and one director at large and
139-9 two directors representing precincts to serve two-year terms.
139-10 (b) On the first Saturday in May of each subsequent second
139-11 year following the election, the appropriate number of directors
139-12 shall be elected.
139-13 SECTION 3.1109. LIMITATION ON TAXATION. The district may
139-14 not levy or collect an ad valorem tax at a rate that exceeds two
139-15 cents on each $100 valuation of taxable property in the district.
139-16 SECTION 3.1110. CONTRACTS WITH GOVERNMENT ENTITIES.
139-17 (a) The district may contract with other government entities.
139-18 (b) The district may contract with other governmental
139-19 entities, including river authorities located in the district, for
139-20 the performance of any or all district functions. A river
139-21 authority with which the district contracts under this section may
139-22 perform district functions as provided by the contract.
139-23 PART 12. TRI-COUNTY GROUNDWATER CONSERVATION DISTRICT
139-24 SECTION 3.1201. RATIFICATION OF CREATION. The creation of
139-25 the Tri-County Groundwater Conservation District in Foard,
139-26 Hardeman, and Wilbarger counties by Chapter 1331, Acts of the 76th
139-27 Legislature, Regular Session, 1999, is ratified as required by
140-1 Section 15(a) of that chapter, subject to approval at a
140-2 confirmation election under Section 3.1207 of this part.
140-3 SECTION 3.1202. DEFINITION. In this part, "district" means
140-4 the Tri-County Groundwater Conservation District.
140-5 SECTION 3.1203. BOUNDARIES. The boundaries of the district
140-6 are coextensive with the boundaries of Foard, Hardeman, and
140-7 Wilbarger counties.
140-8 SECTION 3.1204. GENERAL POWERS. The district has all of the
140-9 rights, powers, privileges, authority, functions, and duties
140-10 provided by the general law of the state, including Chapter 36,
140-11 Water Code, applicable to groundwater conservation districts
140-12 created under Section 59, Article XVI, Texas Constitution. This
140-13 part prevails over any provision of general law, including Chapter
140-14 36, Water Code, or Chapter 1331, Acts of the 76th Legislature,
140-15 Regular Session, 1999, that is in conflict or inconsistent with
140-16 this part.
140-17 SECTION 3.1205. BOARD OF DIRECTORS. (a) The district is
140-18 governed by a board of six directors. Two directors are appointed
140-19 by the commissioners court of each county in the district.
140-20 (b) Each director must qualify to serve as director in the
140-21 manner provided by Section 36.055, Water Code.
140-22 (c) Directors other than initial directors serve staggered
140-23 four-year terms.
140-24 (d) A director serves until the director's successor has
140-25 qualified.
140-26 (e) If there is a vacancy on the board, the appropriate
140-27 commissioners court shall appoint a director to serve the remainder
141-1 of the term.
141-2 (f) The appropriate commissioners court shall appoint a
141-3 director to succeed a director on or before the date the director's
141-4 term expires.
141-5 (g) A director may not receive a salary or other
141-6 compensation for service as a director but may be reimbursed for
141-7 actual expenses of attending meetings.
141-8 SECTION 3.1206. APPOINTMENT AND TERMS OF INITIAL DIRECTORS.
141-9 (a) As soon as practicable after September 1, 2001, the
141-10 commissioners courts of Foard, Hardeman, and Wilbarger counties
141-11 shall each appoint two initial directors.
141-12 (b) The initial directors serve terms as follows:
141-13 (1) the two initial directors appointed by the Foard
141-14 County Commissioners Court serve terms expiring February 1, 2002;
141-15 (2) the two initial directors appointed by the
141-16 Hardeman County Commissioners Court serve terms expiring February
141-17 1, 2004; and
141-18 (3) the two initial directors appointed by the
141-19 Wilbarger County Commissioners Court serve terms expiring February
141-20 1, 2006.
141-21 SECTION 3.1207. CONFIRMATION ELECTION. (a) The board of
141-22 directors shall call and hold an election to confirm the
141-23 establishment of the district.
141-24 (b) Section 41.001(a), Election Code, does not apply to a
141-25 confirmation election held as provided by this section.
141-26 (c) Except as provided by this section, a confirmation
141-27 election must be conducted as provided by Sections 36.017(b)-(h),
142-1 Water Code, and the Election Code.
142-2 SECTION 3.1208. TAXING AUTHORITY. The district may levy and
142-3 collect an ad valorem tax in the district at a rate not to exceed
142-4 one cent on each $100 of assessed valuation.
142-5 SECTION 3.1209. EXPIRATION. If the creation of the district
142-6 is not confirmed at a confirmation election held under Section
142-7 3.1207 of this part before September 1, 2003, the district is
142-8 dissolved and this part expires on that date.
142-9 ARTICLE 4. WATER INFRASTRUCTURE FINANCING
142-10 SECTION 4.01. Chapter 15, Water Code, is amended by adding
142-11 Subchapter O to read as follows:
142-12 SUBCHAPTER O. WATER INFRASTRUCTURE FUND
142-13 Sec. 15.901. DEFINITIONS. In this subchapter:
142-14 (1) "Eligible political subdivision" means:
142-15 (A) a municipality;
142-16 (B) a county; or
142-17 (C) an entity created under the authority of
142-18 Sections 52(b)(1) and (2), Article III, or Section 59, Article XVI,
142-19 Texas Constitution.
142-20 (2) "Fund" means the water infrastructure fund.
142-21 (3) "Metropolitan statistical area" means an area so
142-22 designated by the United States Office of Management and Budget.
142-23 (4) "Political subdivision bonds" means bonds or other
142-24 obligations issued by a political subdivision to fund a project and
142-25 purchased by the board from money in the fund.
142-26 (5) "Project" means any undertaking or work, including
142-27 planning and design activities and work to obtain regulatory
143-1 authority, to conserve, mitigate, convey, and develop water
143-2 resources of the state, including any undertaking or work done
143-3 outside the state that the board determines will result in water
143-4 being available for use in or for the benefit of the state.
143-5 Sec. 15.902. FINDINGS. The legislature finds that:
143-6 (1) the creation of the fund and the administration of
143-7 the fund by the board will encourage the conservation and
143-8 development of the water resources of the state;
143-9 (2) the use of the fund is in furtherance of the
143-10 public purpose of conserving and developing the water resources of
143-11 the state; and
143-12 (3) the use of the fund for the purposes provided by
143-13 this subchapter is for the benefit of both the state and the
143-14 political subdivisions to which the board makes financial
143-15 assistance available in accordance with this subchapter and
143-16 constitutes a program under, and is in furtherance of the public
143-17 purposes set forth in, Section 52-a, Article III, Texas
143-18 Constitution.
143-19 Sec. 15.903. WATER INFRASTRUCTURE FUND. (a) The water
143-20 infrastructure fund is a special account in the general revenue
143-21 fund to be administered by the board under this subchapter and
143-22 rules adopted by the board under this subchapter. Money in the
143-23 fund may be used to pay for the implementation of water projects
143-24 recommended through the state and regional water planning processes
143-25 under Sections 16.051 and 16.053.
143-26 (b) The fund consists of:
143-27 (1) appropriations from the legislature;
144-1 (2) any other fees or sources of revenue that the
144-2 legislature may dedicate for deposit to the fund;
144-3 (3) repayments of loans made from the fund;
144-4 (4) interest earned on money credited to the fund;
144-5 (5) depository interest allocable to the fund in the
144-6 general revenue fund;
144-7 (6) money from gifts, grants, or donations to the
144-8 fund;
144-9 (7) money from revenue bonds or other sources
144-10 designated by the board; and
144-11 (8) proceeds from the sale of political subdivision
144-12 bonds or obligations held in the fund and not otherwise pledged to
144-13 the discharge, repayment, or redemption of revenue bonds or other
144-14 bonds, the proceeds of which were placed in the fund.
144-15 Sec. 15.904. USE OF WATER INFRASTRUCTURE FUND. (a) The
144-16 board may use the fund:
144-17 (1) to make loans to political subdivisions at or
144-18 below market interest rates for projects;
144-19 (2) to make grants, low-interest loans, or zero
144-20 interest loans to political subdivisions for projects to serve
144-21 areas outside metropolitan statistical areas in order to ensure
144-22 that the projects are implemented, or for projects to serve
144-23 economically distressed areas;
144-24 (3) to make loans at or below market interest rates
144-25 for planning and design costs, permitting costs, and other costs
144-26 associated with state or federal regulatory activities with respect
144-27 to a project;
145-1 (4) as a source of revenue or security for the payment
145-2 of principal and interest on bonds issued by the board if the
145-3 proceeds of the sale of the bonds will be deposited in the fund;
145-4 and
145-5 (5) to pay the necessary and reasonable expenses of
145-6 the board in administering the fund.
145-7 (b) Funding under Subsection (a)(2) or under Subsection
145-8 (a)(3) may not exceed 10 percent of the amount of financial
145-9 assistance budgeted by the board to be made available from the fund
145-10 in a fiscal year.
145-11 (c) Principal and interest payments on loans made under
145-12 Subsection (a)(3) may be deferred for a maximum of 10 years or
145-13 until construction of the project is completed, whichever is
145-14 earlier.
145-15 Sec. 15.905. APPROVAL OF APPLICATIONS. (a) On review and
145-16 recommendation by the executive administrator, the board by
145-17 resolution may approve an application if the board finds that:
145-18 (1) the application and the assistance applied for
145-19 meet the requirements of this subchapter and board rules;
145-20 (2) the revenue or taxes, or both the revenue and
145-21 taxes, pledged by the applicant will be sufficient to meet all the
145-22 obligations assumed by the political subdivision; and
145-23 (3) the project will meet water needs in a manner
145-24 consistent with the state and regional water plans as required by
145-25 Section 16.053(j), unless otherwise specified by an act of the
145-26 legislature.
145-27 (b) For an application under this subchapter, a program of
146-1 water conservation through a more effective use of water shall be
146-2 required in the same manner as for approval of an application for
146-3 financial assistance under Section 15.106.
146-4 (c) The board may deliver funds for the part of a loan or
146-5 grant for a project relating to surface water development, other
146-6 than for planning and design costs, permitting costs, and other
146-7 costs associated with federal and state regulatory activities with
146-8 respect to a project, only if the executive administrator makes a
146-9 written finding that the applicant:
146-10 (1) has the necessary water rights authorizing the
146-11 applicant to appropriate and use the water that the project will
146-12 provide, if the applicant is proposing surface water development;
146-13 or
146-14 (2) has the right to use water that the project will
146-15 provide, if the applicant is proposing groundwater development.
146-16 Sec. 15.906. APPLICABLE LAW. Subchapter E, Chapter 17,
146-17 applies to financial assistance made available from the fund,
146-18 except that the board may also execute contracts as necessary to
146-19 evidence grant agreements.
146-20 Sec. 15.907. RULES. The board shall adopt rules necessary
146-21 to carry out this subchapter, including rules establishing
146-22 procedures for application for and for the award of financial
146-23 assistance, for the investment of funds, and for the administration
146-24 of the fund.
146-25 Sec. 15.908. SALE OF POLITICAL SUBDIVISION BONDS. (a) The
146-26 board may sell or dispose of political subdivision bonds at the
146-27 price and under the terms that the board determines to be
147-1 reasonable.
147-2 (b) The board may sell political subdivision bonds without
147-3 making a previous offer to the political subdivision that issued
147-4 the bonds and without advertising, soliciting, or receiving bids
147-5 for sale.
147-6 (c) Notwithstanding other provisions of this chapter, the
147-7 board may sell to the Texas Water Resources Finance Authority any
147-8 political subdivision bonds purchased with money in the fund and
147-9 may apply the proceeds of a sale in the manner provided by this
147-10 section.
147-11 (d) Proceeds from the sale of political subdivision bonds
147-12 under this section shall be deposited in the fund for use as
147-13 provided by Section 15.904.
147-14 (e) As part of a sales agreement with the Texas Water
147-15 Resources Finance Authority, the board by contract may agree to
147-16 perform the functions required to ensure that the political
147-17 subdivision pays the debt service on political subdivision bonds
147-18 sold and observes the conditions and requirements stated in those
147-19 bonds.
147-20 (f) The board may exercise any powers necessary to carry out
147-21 the authority granted by this section, including the authority to
147-22 contract with any person to accomplish the purposes of this
147-23 section.
147-24 SECTION 4.02. Chapter 15, Water Code, is amended by adding
147-25 Subchapter P to read as follows:
147-26 SUBCHAPTER P. RURAL WATER ASSISTANCE FUND
147-27 Sec. 15.951. PURPOSE. The legislature finds that the rural
148-1 areas of the state, characterized by small populations extended
148-2 over disproportionately large service areas, require a means of
148-3 financing water projects in addition to those established by other
148-4 provisions of this chapter.
148-5 Sec. 15.952. DEFINITIONS. In this subchapter:
148-6 (1) "District" means a conservation or reclamation
148-7 district created under Section 52, Article III, or Section 59,
148-8 Article XVI, Texas Constitution.
148-9 (2) "Federal agency" means an agency or other entity
148-10 of the United States Department of Agriculture or an agency or
148-11 entity that is acting through or on behalf of that department.
148-12 (3) "Fund" means the rural water assistance fund.
148-13 (4) "Rural political subdivision" means:
148-14 (A) a nonprofit water supply or sewer service
148-15 corporation, district, or municipality with a service area of
148-16 10,000 or less in population or that otherwise qualifies for
148-17 financing from a federal agency; or
148-18 (B) a county in which no urban area exceeds
148-19 50,000 in population.
148-20 (5) "State agency" means an agency or other entity of
148-21 the state, including the Department of Agriculture and the Texas
148-22 Department of Housing and Community Affairs and any agency or
148-23 authority that is acting through or on behalf of the Department of
148-24 Agriculture or the Texas Department of Housing and Community
148-25 Affairs.
148-26 Sec. 15.953. FUND. The rural water assistance fund is a
148-27 special account in the general revenue fund. The fund consists of:
149-1 (1) money directly appropriated to the board;
149-2 (2) repayment of principal and interest from loans
149-3 made from the fund not otherwise needed as a source of revenue
149-4 pursuant to Section 17.9615(b);
149-5 (3) money transferred by the board from any sources
149-6 available; and
149-7 (4) interest earned on the investment of money in the
149-8 fund and depository interest allocable to the fund in the general
149-9 revenue fund.
149-10 Sec. 15.954. USE OF FUND. The fund may be used:
149-11 (1) to provide low-interest loans to rural political
149-12 subdivisions for water or water-related projects, including the
149-13 purchase of well fields, the purchase or lease of rights to produce
149-14 groundwater, and interim financing of construction projects;
149-15 (2) to enable a rural political subdivision to obtain
149-16 water supplied by larger political subdivisions or to finance the
149-17 consolidation or regionalizing of neighboring political
149-18 subdivisions, or both;
149-19 (3) to contract for an outreach and technical
149-20 assistance program to assist rural political subdivisions in
149-21 obtaining assistance through the fund;
149-22 (4) to buy down interest rates on loans; or
149-23 (5) to be used as a source of revenue for the payment
149-24 of principal and interest on water financial assistance bonds
149-25 issued by the board if the proceeds of the sale of these bonds will
149-26 be deposited into the rural water assistance fund.
149-27 Sec. 15.955. FINANCIAL ASSISTANCE. (a) The board shall
150-1 adopt rules necessary to administer this subchapter, including
150-2 rules establishing procedures for the application for and award of
150-3 loans, the distribution of loans, the investment of funds, and the
150-4 administration of loans and the fund.
150-5 (b) A rural political subdivision may enter into an
150-6 agreement with a federal agency or a state agency to submit a joint
150-7 application for financial assistance under this subchapter.
150-8 (c) The board may not release from the fund money for the
150-9 construction phase of parts of projects proposing surface water or
150-10 groundwater development until the executive administrator makes a
150-11 written finding that a rural political subdivision:
150-12 (1) has the necessary water right authorizing it to
150-13 appropriate and use the water that the project will provide, if the
150-14 rural political subdivision is proposing surface water development;
150-15 or
150-16 (2) has the right to use water that the project will
150-17 provide, if the rural political subdivision is proposing
150-18 groundwater development.
150-19 (d) In passing on an application from a rural political
150-20 subdivision for financial assistance, the board shall consider:
150-21 (1) the needs of the area to be served by the project,
150-22 the benefit of the project to the area, the relationship of the
150-23 project to the overall state water needs, and the relationship of
150-24 the project to the state water plan; and
150-25 (2) the availability of revenue to the rural political
150-26 subdivision from all sources for the ultimate repayment of the cost
150-27 of the water supply project, including all interest.
151-1 (e) The board by resolution may approve an application if,
151-2 after considering the factors listed in Subsection (d) and other
151-3 relevant factors, the board finds that:
151-4 (1) the public interest is served by state assistance
151-5 for the project; and
151-6 (2) the revenue or taxes pledged by the rural
151-7 political subdivision will be sufficient to meet all the
151-8 obligations assumed by the rural political subdivision during the
151-9 succeeding period of not more than 50 years.
151-10 (f) A program of water conservation for the more efficient
151-11 use of water shall be required in the same manner as is required
151-12 for approval of an application for financial assistance under
151-13 Section 15.106.
151-14 (g) Sections 17.183-17.187 apply to the construction of
151-15 projects funded pursuant to this subchapter.
151-16 (h) A nonprofit water supply or sewer service corporation is
151-17 exempt from payment of any sales tax that may be incurred under
151-18 other law or ordinance for any project financed by the fund.
151-19 SECTION 4.03. Section 5.235(j), Water Code, is amended to
151-20 read as follows:
151-21 (j) The fee for other uses of water not specifically named
151-22 in this section is $1 per acre-foot, except that no political
151-23 subdivision may be required to pay fees to use water for recharge
151-24 of underground freshwater-bearing sands and aquifers or for
151-25 abatement of natural pollution. This fee is waived for
151-26 applications for instream-use water rights deposited into the Texas
151-27 Water Trust.
152-1 SECTION 4.04. Section 15.001, Water Code, is amended by
152-2 adding Subdivision (12) to read as follows:
152-3 (12) "Regionalization" means development of a water
152-4 supply or wastewater collection and treatment system that
152-5 incorporates multiple service areas into an areawide service
152-6 facility or any such system that serves an area that includes more
152-7 than a single county, city, special district, or other political
152-8 subdivision of the state.
152-9 SECTION 4.05. Section 15.002(a), Water Code, is amended to
152-10 read as follows:
152-11 (a) The legislature finds that it is in the public interest
152-12 and to the benefit of the general public of the state to encourage
152-13 and to assist in the planning and construction of projects to
152-14 develop and conserve the storm water and floodwater as well as the
152-15 ordinary flows of the rivers and streams of the state, to maintain
152-16 and enhance the quality of the water of the state, to provide
152-17 protection to the state's citizens from the floodwater of the
152-18 rivers and streams of the state, to provide drainage, subsidence
152-19 control, public beach nourishment, recharge, chloride control,
152-20 brush control, weather modification, regionalization, and
152-21 desalination [desalinization], to provide for the management of
152-22 aquatic vegetation, and other purposes as provided by law or board
152-23 rule.
152-24 SECTION 4.06. Section 15.011(b), Water Code, is amended to
152-25 read as follows:
152-26 (b) After notice and hearing and subject to any limitations
152-27 established by the General Appropriations Act, the board may
153-1 transfer money from the fund to the loan fund created under
153-2 Subchapter C [of this chapter], the storage acquisition fund
153-3 created under Subchapter E [of this chapter], the research and
153-4 planning fund created under Subchapter F [of this chapter], the
153-5 hydrographic survey account created under Subchapter M [of this
153-6 chapter], provided the hydrographic survey account transfer does
153-7 not exceed $425,000, [and] the aquatic vegetation management fund
153-8 created under Subchapter N, and the rural water assistance fund
153-9 created under Subchapter P [of this chapter].
153-10 SECTION 4.07. Sections 15.102(a) and (b), Water Code, are
153-11 amended to read as follows:
153-12 (a) The loan fund may be used by the board to provide loans
153-13 of financial assistance to political subdivisions, federal
153-14 agencies, or both political subdivisions and federal agencies
153-15 acting jointly for the construction, acquisition, improvement, or
153-16 enlargement of projects involving water conservation, water
153-17 development, or water quality enhancement, providing nonstructural
153-18 and structural flood control, or drainage, project recreation lands
153-19 and revenue-generating recreational improvements within any
153-20 watershed, or providing recharge, chloride control, subsidence
153-21 control, brush control, weather modification, regionalization, or
153-22 desalination [desalinization] as provided by legislative
153-23 appropriations, this chapter, and the board rules.
153-24 (b) The loan fund may also be used by the board to provide
153-25 grants for:
153-26 (1) projects that include supplying water and
153-27 wastewater services in economically distressed areas, including
154-1 projects involving retail distribution of those services; and
154-2 (2) desalination, brush control, weather modification,
154-3 regionalization, and projects providing regional water quality
154-4 enhancement services as defined by board rule, including regional
154-5 conveyance systems.
154-6 SECTION 4.08. Section 15.105, Water Code, is amended to read
154-7 as follows:
154-8 Sec. 15.105. CONSIDERATIONS IN PASSING ON APPLICATION. (a)
154-9 In passing on an application for financial assistance from the loan
154-10 fund, the board shall consider but is not limited to:
154-11 (1) the needs of the area to be served by the project
154-12 and the benefit of the project to the area in relation to the needs
154-13 of other areas requiring state assistance in any manner and the
154-14 benefits of those projects to the other areas;
154-15 (2) the availability of revenue to the applicant from
154-16 all sources for the ultimate repayment of the cost of the project,
154-17 including all interest;
154-18 (3) the relationship of the project to overall
154-19 statewide needs;
154-20 (4) the ability of the applicant to finance the
154-21 project without state assistance; [and]
154-22 (5) for applications for grants for economically
154-23 distressed areas, the regulatory efforts by the county in which the
154-24 project is located to control the construction of subdivisions that
154-25 lack basic utility services; and
154-26 (6) for applications for grants under Section
154-27 15.102(b)(2), the ability of the applicant to construct the project
155-1 without the grant and the benefits of the project to water and
155-2 wastewater needs of the state.
155-3 (b) The board by rule shall further define eligibility for
155-4 grants under this subchapter.
155-5 SECTION 4.09. Section 15.106(a), Water Code, is amended to
155-6 read as follows:
155-7 (a) The board, by resolution, may approve an application for
155-8 financial assistance [a loan] if after considering the factors
155-9 listed in Section 15.105 of this code and any other relevant
155-10 factors, the board finds:
155-11 (1) that the public interest requires state
155-12 participation in the project; and
155-13 (2) that in its opinion the revenue or taxes pledged
155-14 by the political subdivision will be sufficient to meet all the
155-15 obligations assumed by the political subdivision.
155-16 SECTION 4.10. Section 15.107, Water Code, is amended to read
155-17 as follows:
155-18 Sec. 15.107. METHOD OF MAKING [LOANS OF] FINANCIAL
155-19 ASSISTANCE AVAILABLE. (a) The board may make financial assistance
155-20 available to successful applicants in any manner that it considers
155-21 economically feasible including:
155-22 (1) contracts or agreements with a political
155-23 subdivision for the payment of the principal of or interest on or
155-24 both the principal of and interest on bonds or other obligations
155-25 issued or to be issued by the political subdivision;
155-26 (2) contracts or agreements with a political
155-27 subdivision for the purpose of providing the political
156-1 subdivision's share of any cost-sharing required as a participant
156-2 in or local sponsor of any federal project; [or]
156-3 (3) purchase of the bonds or other obligations of a
156-4 political subdivision for the purpose of completely or partially
156-5 financing the project for which the application is being submitted;
156-6 or
156-7 (4) contracts or agreements for the receipt of funds
156-8 and performance of obligations in relation to any grant of funds
156-9 provided by the board.
156-10 (b) Contracts or agreements entered into under Subdivision
156-11 (1) of Subsection (a) of this section may cover all or any part of
156-12 the debt service requirements in a given year and may cover debt
156-13 service requirements in as many years of an issue as the board
156-14 considers appropriate.
156-15 (c) In a determination on a loan for financial assistance,
156-16 the board may approve interest deferral or the capitalization of
156-17 interest costs and may approve periods of repayment for the loans
156-18 of up to 50 years.
156-19 SECTION 4.11. Section 15.434, Water Code, is amended to read
156-20 as follows:
156-21 Sec. 15.434. USE OF MONEY IN FUND. Money deposited to the
156-22 credit of the agricultural soil and water conservation fund, on
156-23 appropriation by the legislature to the board, the Department of
156-24 Agriculture, the State Soil and Water Conservation Board, the Texas
156-25 Agricultural Experiment Station, the Texas Agricultural Extension
156-26 Service, public colleges and universities, and other state agencies
156-27 shall be used for the following purposes:
157-1 (1) agricultural water conservation technical
157-2 assistance programs;
157-3 (2) agricultural water conservation, education, and
157-4 demonstration programs;
157-5 (3) purchase of equipment, including demonstration and
157-6 educational equipment;
157-7 (4) grants made to groundwater [underground water]
157-8 conservation districts and political subdivisions for the purchase
157-9 of equipment under programs established by Subchapter H of this
157-10 chapter;
157-11 (5) research in water utilization and conservation
157-12 including artificial recharge and secondary recovery of groundwater
157-13 [underground water];
157-14 (6) desalination [desalinization];
157-15 (7) weather modification;
157-16 (8) technical assistance programs for developing
157-17 on-farm soil and water conservation plans developed jointly by
157-18 landowners and operators and local soil and water conservation
157-19 districts, as provided by Subchapter H, Chapter 201, Agriculture
157-20 Code;
157-21 (9) research and demonstration relating to the
157-22 production of native and low-water-use plants and water-efficient
157-23 crops;
157-24 (10) a pilot program for low-interest loans for the
157-25 purchase of agricultural water conservation systems established by
157-26 Subchapter I of this chapter; [and]
157-27 (11) research, demonstration, and education relating
158-1 to brush control; and
158-2 (12) regionalization designed to promote agricultural
158-3 water conservation.
158-4 SECTION 4.12. Section 15.471, Water Code, is amended to read
158-5 as follows:
158-6 Sec. 15.471. GRANTS; PURPOSES. The board may make grants of
158-7 money to groundwater [underground water] conservation districts, to
158-8 political subdivisions, and to other districts created under
158-9 Article III, Sections 52(b)(1) and (2), or Article XVI, Section 59,
158-10 of the Texas Constitution for purchasing equipment required for:
158-11 (1) measurement and evaluation of irrigation systems
158-12 and agricultural water conservation practices on irrigated land,
158-13 dryland, and rangeland;
158-14 (2) demonstration of efficient irrigation systems and
158-15 agricultural water conservation practices on irrigated land,
158-16 dryland, and rangeland;
158-17 (3) testing and evaluation of water quality and the
158-18 suitability of water from groundwater or surface water resources
158-19 for irrigation, rural domestic use, livestock, or agricultural
158-20 industry use;
158-21 (4) demonstration of efficient or sound chemical
158-22 application and evaluation or demonstration of systems which will
158-23 prevent contamination of groundwater and surface water from
158-24 chemicals and other substances used in agriculture; or
158-25 (5) measurement and data collection related to the
158-26 conservation of groundwater resources.
158-27 SECTION 4.13. Section 15.602, Water Code, is amended by
159-1 adding a new Subdivision (8) and redesignating existing
159-2 Subdivisions (8) through (14) to read as follows:
159-3 (8) "Person" means an individual, corporation,
159-4 partnership, association, state, municipality, commission, or
159-5 political subdivision of a state or any interstate body, as defined
159-6 by Section 502 of the federal act, including a political
159-7 subdivision as defined by this subchapter, if the person is
159-8 eligible for financial assistance under federal law establishing
159-9 the revolving fund.
159-10 (9) "Political subdivision" means a municipality,
159-11 intermunicipal, interstate, or state agency, any other public
159-12 entity eligible for assistance under this subchapter, or a
159-13 nonprofit water supply corporation created and operating under
159-14 Chapter 67, if such entity is eligible for financial assistance
159-15 under federal law establishing the state revolving fund or an
159-16 additional state revolving fund.
159-17 (10) [(9)] "Public water system" means a system that
159-18 is owned by any person and that meets the definition of public
159-19 water system in the Safe Drinking Water Act.
159-20 (11) [(10)] "Public works" means any project to
159-21 acquire, construct, improve, repair, or otherwise provide any
159-22 buildings, structures, facilities, equipment, or other real or
159-23 personal property or improvements designed for public use,
159-24 protection, or enjoyment undertaken by a political subdivision and
159-25 paid for, in whole or in part, out of public funds.
159-26 (12) [(11)] "Revolving fund" means the state water
159-27 pollution control revolving fund.
160-1 (13) [(12)] "Safe Drinking Water Act" means Title XIV
160-2 of the federal Public Health Service Act, commonly known as the
160-3 Safe Drinking Water Act, as amended (42 U.S.C. Section 300f et
160-4 seq.).
160-5 (14) [(13)] "Safe drinking water revolving fund" means
160-6 the fund established by the board as an additional state revolving
160-7 fund to provide financial assistance in accordance with the federal
160-8 program established pursuant to the provisions of the Safe Drinking
160-9 Water Act.
160-10 (15) [(14)] "Treatment works" has the meaning
160-11 established by the federal act and the eligible components of the
160-12 management programs established by Sections 319 and 320 of the
160-13 federal act.
160-14 SECTION 4.14. Section 15.603(a), Water Code, is amended to
160-15 read as follows:
160-16 (a) The revolving fund is held separately from other funds
160-17 by the board outside the State Treasury to provide financial
160-18 assistance to political subdivisions for construction of treatment
160-19 works and to persons for nonpoint source pollution control and
160-20 estuary management projects.
160-21 SECTION 4.15. Section 15.604(a), Water Code, is amended to
160-22 read as follows:
160-23 (a) The board may use the revolving fund for financial
160-24 assistance only as provided by the federal act:
160-25 (1) to make loans, on the conditions that:
160-26 (A) those loans are made at or below market
160-27 interest rates, including interest-free loans, at terms not to
161-1 exceed 20 years;
161-2 (B) principal and interest payments will begin
161-3 not later than one year after completion of any treatment works and
161-4 all loans will be fully amortized not later than 20 years after
161-5 completion of the treatment works;
161-6 (C) the recipient of a loan will establish a
161-7 dedicated source of revenue for repayment of loans; and
161-8 (D) the revolving fund will be credited with all
161-9 payments of principal of and interest on all loans;
161-10 (2) to buy or refinance the debt obligation of
161-11 political subdivisions at or below market rates if the debt
161-12 obligations were incurred after March 7, 1985;
161-13 (3) to guarantee or purchase insurance for political
161-14 subdivisions if the guarantee or insurance would improve access to
161-15 market credit or reduce interest rates;
161-16 (4) as a source of revenue or security for the payment
161-17 of principal and interest on bonds issued by the state if the
161-18 proceeds of the sale of those bonds will be deposited in the
161-19 revolving fund;
161-20 (5) to provide loan guarantees to similar revolving
161-21 funds established by municipalities or intermunicipal agencies;
161-22 (6) to earn interest on revolving fund accounts;
161-23 (7) for the reasonable costs of administering the
161-24 revolving fund and conducting activities provided for by Title VI
161-25 of the federal act, except that those amounts may not exceed the
161-26 amount authorized under Title VI of the federal act; [and]
161-27 (8) to provide financial assistance to persons for a
162-1 nonpoint source pollution control project under Section 319 of the
162-2 federal act or for an estuary management project under Section 320
162-3 of the federal act; and
162-4 (9) for other purposes as provided by the federal act.
162-5 SECTION 4.16. Section 15.607, Water Code, is amended to read
162-6 as follows:
162-7 Sec. 15.607. APPROVAL OF APPLICATION. On review of
162-8 recommendations by the executive administrator, the board by
162-9 resolution may approve an application if the board finds that in
162-10 its opinion the revenue or taxes or both revenue and taxes pledged
162-11 by the applicant will be sufficient to meet all the obligations
162-12 assumed by the applicant [political subdivision] and that the
162-13 application and assistance applied for meet the requirements of the
162-14 federal act and state law. A program of water conservation for the
162-15 more effective use of water shall be required in the same manner as
162-16 required for approval of an application for financial assistance
162-17 under Section 15.106 of this code.
162-18 SECTION 4.17. Subchapter C, Chapter 16, Water Code, is
162-19 amended by adding Section 16.059 to read as follows:
162-20 Sec. 16.059. COLLECTION OF INSTREAM FLOW DATA; CONDUCT OF
162-21 STUDIES. (a) The Parks and Wildlife Department, the commission,
162-22 and the board, in cooperation with other appropriate governmental
162-23 agencies, shall jointly establish and continuously maintain an
162-24 instream flow data collection and evaluation program and shall
162-25 conduct studies and analyses to determine appropriate methodologies
162-26 for determining flow conditions in the state's rivers and streams
162-27 necessary to support a sound ecological environment. Any stream
163-1 that consists only of floodwaters and is dry more than 75 percent
163-2 of the year is exempt from this section.
163-3 (b) The Parks and Wildlife Department, the commission, and
163-4 the board shall each designate an employee to share equally in the
163-5 oversight of the program studies. Other responsibilities shall be
163-6 divided between the Parks and Wildlife Department, the commission,
163-7 and the board to maximize present in-house capabilities of
163-8 personnel and equipment and to minimize costs to the state.
163-9 (c) The Parks and Wildlife Department, the commission, and
163-10 the board shall each have reasonable access to all data, studies,
163-11 analyses, information, and reports produced by the other agencies.
163-12 (d) The priority studies shall be completed not later than
163-13 December 31, 2010. The Parks and Wildlife Department, the
163-14 commission, and the board shall establish a work plan that
163-15 prioritizes the studies and that sets interim deadlines providing
163-16 for publication of flow determinations for individual rivers and
163-17 streams on a reasonably consistent basis throughout the prescribed
163-18 study period. Before publication, completed studies shall be
163-19 submitted for comment to the commission, the board, and the Parks
163-20 and Wildlife Department.
163-21 (e) Results of studies completed under this section shall be
163-22 considered by the commission in its review of any management plan,
163-23 water right, or interbasin transfer.
163-24 (f) The board may authorize the use of money from the
163-25 research and planning fund established under Chapter 15 to
163-26 accomplish the purposes of this section. The money shall be used
163-27 by the board in cooperation with the commission and the Parks and
164-1 Wildlife Department for interagency contracts with cooperating
164-2 agencies and universities and contracts with private sector
164-3 establishments, as necessary, to accomplish the purposes of this
164-4 section.
164-5 SECTION 4.18. Section 17.853(c), Water Code, is amended to
164-6 read as follows:
164-7 (c) The board may use the fund only:
164-8 (1) to provide state matching funds for federal funds
164-9 provided to the state water pollution control revolving fund or to
164-10 any additional state revolving fund created under Subchapter J,
164-11 Chapter 15;
164-12 (2) to provide financial assistance from the proceeds
164-13 of taxable bond issues to water supply corporations organized under
164-14 Chapter 67, and other participants;
164-15 (3) to provide financial assistance to participants
164-16 for the construction of water supply projects and treatment works;
164-17 (4) to provide financial assistance for an interim
164-18 construction period to participants for projects for which the
164-19 board will provide long-term financing through the water
164-20 development fund; [and]
164-21 (5) to provide financial assistance for water supply
164-22 and sewer service projects in economically distressed areas as
164-23 provided by Subchapter K, Chapter 17, to the extent the board can
164-24 make that assistance without adversely affecting the current or
164-25 future integrity of the fund or of any other financial assistance
164-26 program of the board; and
164-27 (6) to provide funds to the water infrastructure fund
165-1 created under Section 15.903.
165-2 SECTION 4.19. Sections 17.871(2) and (6), Water Code, are
165-3 amended to read as follows:
165-4 (2) "Borrower district" means a political subdivision,
165-5 including a district or authority created under Article III,
165-6 Sections 52(b)(1) and (2), or Article XVI, Section 59, of the Texas
165-7 Constitution, that receives or is eligible to receive a
165-8 conservation loan from the board for a purpose described by Section
165-9 17.895 or 17.8955 [improvement to district facilities].
165-10 (6) "Lender district" means a political subdivision,
165-11 including a soil and water conservation district under Chapter 201,
165-12 Agriculture Code, a groundwater [an underground water] conservation
165-13 district created under Article XVI, Section 59, of the Texas
165-14 Constitution, or a district or authority created under Article III,
165-15 Section 52(b)(1), or Article XVI, Section 59, of the Texas
165-16 Constitution authorized to supply water for irrigation purposes,
165-17 that is eligible to receive or that receives a loan from the board
165-18 for the purpose of making conservation loans to individual
165-19 borrowers.
165-20 SECTION 4.20. Section 17.895, Water Code, is amended to read
165-21 as follows:
165-22 Sec. 17.895. CONSERVATION LOANS. (a) This section applies
165-23 only to a conservation loan from a lender district that is:
165-24 (1) a soil and water conservation district under
165-25 Chapter 201, Agriculture Code;
165-26 (2) a groundwater conservation district created under
165-27 Section 59, Article XVI, Texas Constitution; or
166-1 (3) a district or authority created under Section
166-2 52(b)(1), Article III, or Section 59, Article XVI, Texas
166-3 Constitution.
166-4 (b) The board or a lender district [districts] may make
166-5 conservation loans for capital equipment or materials, labor,
166-6 preparation costs, and installation costs:
166-7 (1) to improve water use efficiency of water delivery
166-8 and application on existing irrigation systems;
166-9 (2) for preparing irrigated land to be converted to
166-10 dryland conditions; and
166-11 (3) for preparing dryland for more efficient use of
166-12 natural precipitation[;]
166-13 [(4) for preparing and maintaining land to be used for
166-14 brush control activities, including but not limited to activities
166-15 conducted pursuant to Chapter 203, Agriculture Code; or]
166-16 [(5) for implementing precipitation enhancement
166-17 activities in areas of the state where such activities would be, in
166-18 the board's judgment, most effective].
166-19 (c) [(b)] Conservation loans for the purposes listed in
166-20 Subsection (b) [(a)] may be made by lender districts to individual
166-21 borrowers for use on private property or by the board to borrower
166-22 districts [for use on district facilities].
166-23 (d) [(c)] The board may make conservation loans to borrower
166-24 districts for the cost of purchasing and installing devices, on
166-25 public or private property, designed to indicate the amount of
166-26 water withdrawn for irrigation purposes.
166-27 (e) [(d)] For purposes of this section, the board or lender
167-1 districts may seek the advice of the Department of Agriculture
167-2 regarding the feasibility of a project for which a conservation
167-3 loan is sought.
167-4 SECTION 4.21. Subchapter J, Chapter 17, Water Code, is
167-5 amended by adding Section 17.8955 to read as follows:
167-6 Sec. 17.8955. CONSERVATION LOANS FOR BRUSH CONTROL AND
167-7 PRECIPITATION ENHANCEMENT. (a) The board or a lender district may
167-8 make a conservation loan for capital equipment or materials, labor,
167-9 preparation costs, and installation costs for:
167-10 (1) preparing and maintaining land to be used for
167-11 brush control activities, including activities conducted under
167-12 Chapter 203, Agriculture Code; or
167-13 (2) implementing precipitation enhancement activities
167-14 in areas of the state where those activities would be, in the
167-15 board's judgment, most effective.
167-16 (b) A conservation loan for a purpose listed in Subsection
167-17 (a) may be made by a lender district to an individual borrower for
167-18 use on private property or by the board to a borrower district.
167-19 SECTION 4.22. Subchapter L, Chapter 17, Water Code, is
167-20 amended by adding Section 17.9615 to read as follows:
167-21 Sec. 17.9615. TRANSFERS TO RURAL WATER ASSISTANCE FUND.
167-22 (a) The board may direct the comptroller to transfer amounts from
167-23 the financial assistance account to the rural water assistance fund
167-24 to provide financial assistance under this subchapter for the
167-25 purposes provided in Section 15.954.
167-26 (b) The board shall use the rural water assistance fund as a
167-27 source of revenue to be deposited in accordance with this
168-1 subchapter for the payment of principal and interest on water
168-2 financial assistance bonds issued by the board, the proceeds of
168-3 which are to be deposited into the rural water assistance fund and
168-4 to be used to make payments under a bond enhancement agreement with
168-5 respect to principal or interest on the water financial assistance
168-6 bonds.
168-7 SECTION 4.23. Subchapter L, Chapter 17, Water Code, is
168-8 amended by adding Section 17.9616 to read as follows:
168-9 Sec. 17.9616. TRANSFER TO WATER INFRASTRUCTURE FUND.
168-10 (a) The board may direct the comptroller to transfer amounts from
168-11 the financial assistance account to the water infrastructure fund
168-12 to provide financial assistance under this subchapter for the
168-13 purposes provided in Section 15.904.
168-14 (b) The board shall use the water infrastructure fund as a
168-15 source of revenue to be deposited in accordance with this
168-16 subchapter for the payment of principal and interest on water
168-17 financial assistance bonds issued by the board, the proceeds of
168-18 which are to be deposited into the water infrastructure fund and to
168-19 be used to make payments under a bond enhancement agreement with
168-20 respect to principal or interest on the water financial assistance
168-21 bonds.
168-22 SECTION 4.24. Section 11.32, Tax Code, is amended to read as
168-23 follows:
168-24 Sec. 11.32. CERTAIN WATER CONSERVATION INITIATIVES. The
168-25 governing body of a taxing unit by official action of the governing
168-26 body adopted in the manner required by law for official actions may
168-27 exempt from taxation part or all of the assessed value of property
169-1 on which approved water conservation initiatives, desalination
169-2 projects, or brush control initiatives have been implemented. For
169-3 purposes of this section, approved water conservation,
169-4 desalination, and brush control initiatives shall be designated
169-5 pursuant to an ordinance or other law adopted by the governing
169-6 unit.
169-7 SECTION 4.25. Subchapter H, Chapter 151, Tax Code, is
169-8 amended by adding Section 151.355 to read as follows:
169-9 Sec. 151.355. WATER-RELATED EXEMPTIONS. The following are
169-10 exempted from taxes imposed by this chapter:
169-11 (1) rainwater harvesting equipment or supplies, water
169-12 recycling and reuse equipment or supplies, or other equipment,
169-13 services, or supplies used to reduce or eliminate water use;
169-14 (2) equipment, services, or supplies used for
169-15 desalination of surface water or groundwater;
169-16 (3) equipment, services, or supplies used for brush
169-17 control designed to enhance the availability of water;
169-18 (4) equipment, services, or supplies used for
169-19 precipitation enhancement;
169-20 (5) equipment, services, or supplies used to construct
169-21 or operate a water or wastewater system or component of a system
169-22 sponsored by a political subdivision, as defined by Section 15.001,
169-23 Water Code, which is certified by the Texas Natural Resource
169-24 Conservation Commission as providing regional water or wastewater
169-25 service; and
169-26 (6) equipment, services, or supplies used to construct
169-27 or operate a water supply or wastewater system by a private entity
170-1 as a public-private partnership, as certified by the political
170-2 subdivision, as defined by Section 15.001, Water Code, that is a
170-3 party to the project.
170-4 ARTICLE 5. JOINT COMMITTEE ON WATER RESOURCES
170-5 SECTION 5.01. In this article, "committee" means the joint
170-6 committee on water resources.
170-7 SECTION 5.02. The committee shall conduct an interim study
170-8 and make recommendations regarding:
170-9 (1) increasing the efficient use of existing water
170-10 resources;
170-11 (2) developing sufficient long-term water financing
170-12 strategies;
170-13 (3) improving existing water conveyance systems;
170-14 (4) the continuation of the Texas Water Advisory
170-15 Council;
170-16 (5) determining the appropriate role of environmental
170-17 and wildlife concerns in water permitting and water development;
170-18 and
170-19 (6) protection of the natural condition of beds and
170-20 banks of the state-owned watercourses.
170-21 SECTION 5.03. The committee is composed of six members as
170-22 follows:
170-23 (1) the chair of the Senate Committee on Natural
170-24 Resources and the chair of the House Committee on Natural
170-25 Resources;
170-26 (2) two members of the senate appointed by the
170-27 lieutenant governor; and
171-1 (3) two members of the house of representatives
171-2 appointed by the speaker of the house of representatives.
171-3 SECTION 5.04. The committee shall:
171-4 (1) meet at least annually with the Texas Natural
171-5 Resource Conservation Commission and the Texas Water Development
171-6 Board; and
171-7 (2) receive information relating to:
171-8 (A) encouraging the effective development of
171-9 water marketing and water movement;
171-10 (B) prioritizing the use of state funds for
171-11 financing the development and conservation of water resources; and
171-12 (C) identifying reasonable mechanisms, including
171-13 measures for encouraging donation of water rights, for protecting
171-14 instream uses.
171-15 SECTION 5.05. Not later than November 1, 2002, the committee
171-16 shall make a final report to the lieutenant governor, the speaker
171-17 of the house of representatives, and the 78th Legislature
171-18 evaluating the issues described in Section 5.02 of this article.
171-19 SECTION 5.06. The committee has the authority necessary to
171-20 perform its duties and, in connection with those duties, may call
171-21 and hold hearings.
171-22 SECTION 5.07. The committee may request the assistance of
171-23 state agencies, departments, or offices to carry out its duties.
171-24 SECTION 5.08. The Senate Committee on Natural Resources and
171-25 the House Committee on Natural Resources shall provide staff to the
171-26 committee.
171-27 SECTION 5.09. The committee shall submit a proposed budget
172-1 to the appropriate committee on administration in each house of the
172-2 legislature. The administration committees shall jointly approve
172-3 the committee budget in an amount appropriate for the committee to
172-4 accomplish its duties under this article.
172-5 SECTION 5.10. The committee may travel around the state and
172-6 hold hearings or public meetings as needed to fulfill its duties
172-7 under this article.
172-8 SECTION 5.11. This article expires and the committee is
172-9 abolished on January 1, 2003.
172-10 ARTICLE 6. RULEMAKING PROCEDURES FOR THE EDWARDS
172-11 AQUIFER AUTHORITY
172-12 SECTION 6.01. Chapter 626, Acts of the 73rd Legislature,
172-13 Regular Session, 1993, is amended by adding Section 1.115 to read
172-14 as follows:
172-15 Sec. 1.115. RULEMAKING PROCEDURES. (a) The authority shall
172-16 comply with the procedures provided by this section in adopting
172-17 rules.
172-18 (b) The authority shall provide, by using the United States
172-19 mail, notice of a proposed rule to all applicants and permit
172-20 holders. The authority shall publish in a newspaper of general
172-21 circulation within the boundaries of the authority notice of a
172-22 public hearing on a proposed rule at least 14 days before the date
172-23 of the public hearing on the rule. The notice must include:
172-24 (1) the date, time, and place of the public hearing;
172-25 (2) a statement of the general subject matter of the
172-26 proposed rule;
172-27 (3) the procedures for obtaining copies of the
173-1 proposed rule and for submitting comments; and
173-2 (4) the deadline for submitting comments.
173-3 (c) The board shall allow at least 45 days for comment on a
173-4 proposed rule, other than an emergency rule, before the board
173-5 adopts the rule. The board shall consider all written comments and
173-6 shall, in the order adopting the rule, state the reasons and
173-7 justification for the rule and the authority's responses to the
173-8 written comments.
173-9 (d) The meeting at which a proposed rule is adopted as a
173-10 final rule must be an open meeting, and the public must be allowed
173-11 to make comments on the proposed rule and the agency responses. A
173-12 proposed rule becomes final and effective on the 10th day after the
173-13 date the rule is adopted by the board.
173-14 (e) Notwithstanding Subsections (b)-(d) of this section, the
173-15 board may adopt emergency rules to prevent imminent harm to human
173-16 health, safety, or welfare, or if compliance with the procedures
173-17 provided in Subsections (b)-(d) would prevent an effective response
173-18 to emergency aquifer or springflow conditions. The board may adopt
173-19 emergency rules at an emergency meeting called for that purpose.
173-20 Emergency rules are effective immediately on adoption for a period
173-21 of 120 days and may be renewed once for not more than 60 days.
173-22 (f) Subsections (b)-(d) of this section do not apply to the
173-23 adoption of bylaws or internal procedures of the board and
173-24 authority.
173-25 SECTION 6.02. Section 1.15, Chapter 626, Acts of the 73rd
173-26 Legislature, Regular Session, 1993, is amended by adding
173-27 Subsections (e) and (f) to read as follows:
174-1 (e) The authority shall conduct a contested case hearing on
174-2 a permit application if a person with a personal justiciable
174-3 interest related to the application requests a hearing on the
174-4 application.
174-5 (f) The authority shall adopt rules establishing procedures
174-6 for contested case hearings consistent with Subchapters C, D, and
174-7 F, Chapter 2001, Government Code.
174-8 SECTION 6.03. Sections 1.11(h) and 1.41(e), Chapter 626, Acts
174-9 of the 73rd Legislature, Regular Session, 1993, are repealed.
174-10 SECTION 6.04. A rule adopted by the Edwards Aquifer Authority
174-11 before the effective date of this Act remains in effect until
174-12 repealed, amended, or readopted.
174-13 SECTION 6.05. The rules in 31 Texas Administrative Code Part
174-14 20 have no effect. Notwithstanding any other law, the secretary of
174-15 state shall delete 31 Texas Administrative Code Part 20 from the
174-16 Texas Administrative Code as if the rules included in that part
174-17 were repealed.
174-18 ARTICLE 7. LIMITED LIABILITY FOR AQUATIC HERBICIDE APPLICATION
174-19 SECTION 7.01. Subchapter B, Chapter 26, Water Code, is
174-20 amended by adding Section 26.050 to read as follows:
174-21 Sec. 26.050. LIMITED LIABILITY FOR AQUATIC HERBICIDE
174-22 APPLICATION. (a) In this section, "commercially licensed aquatic
174-23 herbicide applicator" means a person who holds a commercial
174-24 applicator license issued by the Department of Agriculture under
174-25 Chapter 76, Agriculture Code, to apply aquatic herbicides.
174-26 (b) Except as provided by Chapter 12, Parks and Wildlife
174-27 Code, a commercially licensed aquatic herbicide applicator working
175-1 under contract with a river authority organized pursuant to Article
175-2 XVI, Section 59, Texas Constitution, is not liable for damages in
175-3 excess of $2 million for all types for personal injury, property
175-4 damage, or death resulting directly or indirectly from the
175-5 application of aquatic herbicide in compliance with such contract,
175-6 applicable law, and the license terms or permit.
175-7 (c) The control and elimination of noxious weeds, grasses,
175-8 and vegetation in the rivers, tributaries, impoundments, and
175-9 reservoirs of the state through the application by river
175-10 authorities or their agents, employees, or contractors, in
175-11 compliance with applicable law, licenses, and permits, of aquatic
175-12 herbicides are essential governmental functions, and except to the
175-13 extent provided in Chapter 101, Civil Practice and Remedies Code,
175-14 nothing herein shall be deemed or construed to waive, limit, or
175-15 restrict the governmental immunity of river authorities in the
175-16 performance of such governmental functions.
175-17 ARTICLE 8. CONCENTRATED ANIMAL FEEDING OPERATIONS
175-18 SECTION 8.01. Section 26.0286, Water Code, is amended to read
175-19 as follows:
175-20 Sec. 26.0286. PROCEDURES APPLICABLE TO PERMITS FOR CERTAIN
175-21 CONCENTRATED ANIMAL FEEDING OPERATIONS. (a) In this section:
175-22 (1) "Sole-source[, "sole-source] surface drinking
175-23 water supply" means a body of surface water that[:]
175-24 [(1)] is designated as a sole-source surface drinking
175-25 [public] water supply in rules adopted by the commission [under
175-26 Section 26.023; and]
175-27 [(2) is the single source of supply of a public water
176-1 supply system, exclusive of emergency water interconnections].
176-2 (2) "Protection zone" means an area so designated by
176-3 commission rule under Subsection (c).
176-4 (b) The commission shall process an application for
176-5 authorization to construct or operate a concentrated animal feeding
176-6 operation as a specific permit under Section 26.028 subject to the
176-7 procedures provided by Subchapter M, Chapter 5, if, on the date the
176-8 commission determines that the application is administratively
176-9 complete, any part of a pen, lot, pond, or other type of control or
176-10 retention facility or structure of the concentrated animal feeding
176-11 operation is located or proposed to be located within the
176-12 protection zone of a sole-source surface drinking water supply.
176-13 For the purposes of this subsection, a land application area is not
176-14 considered a control or retention facility[:]
176-15 [(1) in the watershed of a sole-source surface
176-16 drinking water supply; and]
176-17 [(2) sufficiently close, as determined by the
176-18 commission by rule, to an intake of a public water supply system in
176-19 the sole-source surface drinking water supply that contaminants
176-20 discharged from the concentrated animal feeding operation could
176-21 potentially affect the public drinking water supply].
176-22 (c) For the purposes of this section only, the commission by
176-23 rule shall designate a surface water body as a sole-source surface
176-24 drinking water supply if that surface water body is identified as a
176-25 public water supply in rules adopted by the commission under
176-26 Section 26.023 and is the sole source of supply of a public water
176-27 supply system, exclusive of emergency water connections. At the
177-1 same time, the commission shall designate as a protection zone any
177-2 area within the watershed of a sole-source surface drinking water
177-3 supply that is:
177-4 (1) within two miles of the normal pool elevation of a
177-5 body of surface water that is a sole-source surface drinking water
177-6 supply;
177-7 (2) within two miles of that part of a perennial
177-8 stream that is:
177-9 (A) a tributary of a sole-source surface
177-10 drinking water supply; and
177-11 (B) within three linear miles upstream of the
177-12 normal pool elevation of a sole-source surface drinking water
177-13 supply; or
177-14 (3) within two miles of that part of a stream that is
177-15 a sole-source surface drinking water supply, extending three linear
177-16 miles upstream from the water supply intake.
177-17 SECTION 8.02. Not later than the 45th day after the
177-18 effective date of this Act, the Texas Natural Resource Conservation
177-19 Commission by order shall identify surface water bodies that are
177-20 considered "sole-source surface drinking water supplies" for
177-21 purposes of Section 26.0286(b), Water Code, as amended by this Act,
177-22 and shall designate the protection zones for those identified water
177-23 bodies. The order expires on the date on which the commission
177-24 adopts final rules under Section 26.0286(c), Water Code, as added
177-25 by this Act.
177-26 ARTICLE 9. REPORTS; REPEALER; TRANSITION; VALIDATION;
177-27 EFFECTIVE DATE
178-1 SECTION 9.01. BOARD STUDY AND REPORT ON FINANCING WATER
178-2 INFRASTRUCTURE PROJECTS. The Texas Water Development Board shall
178-3 consider the reports submitted by the regional planning groups
178-4 under Section 16.053(q), Water Code, as added by this Act, relating
178-5 to financing water infrastructure projects and shall consult with
178-6 potentially impacted groups and other interested persons regarding
178-7 the information reported and the recommendations made by the
178-8 regional planning groups. Not later than October 1, 2002, the
178-9 board shall submit to the legislature a report consisting of the
178-10 regional planning groups' reports and the board's analysis of and
178-11 recommendations regarding those reports.
178-12 SECTION 9.02. REPEALER. Sections 35.005, 35.006, and
178-13 36.121, Water Code, are repealed.
178-14 SECTION 9.03. TRANSITIONS. (a) The changes in law made by
178-15 this Act by amending Section 17.895, Water Code, and adding Section
178-16 17.8955, Water Code, apply only to a conservation loan for which an
178-17 application is filed on or after the effective date of this Act. A
178-18 conservation loan for which an application was filed before the
178-19 effective date of this Act is governed by the law in effect
178-20 immediately before that date, and that law is continued in effect
178-21 for that purpose.
178-22 (b) Not later than January 1, 2002, the Texas Water
178-23 Development Board shall adopt rules to administer Subchapter O,
178-24 Chapter 15, Water Code, as added by this Act, including rules
178-25 establishing procedures for applications for and the award of
178-26 financial assistance for water projects, for the investment of
178-27 funds, and for the administration of the water infrastructure fund
179-1 created by this Act.
179-2 (c) Not later than January 1, 2002, the Texas Water
179-3 Development Board shall adopt rules to administer Subchapter P,
179-4 Chapter 15, Water Code, as added by this Act, including
179-5 establishing procedures for the application for and award of loans,
179-6 the distribution of loans, the investment of funds, and the
179-7 administration of loans and the rural water assistance fund.
179-8 (d) Not later than January 1, 2002, the Texas Water
179-9 Development Board shall adopt rules requiring a holder of a surface
179-10 water permit, certified filing, or certificate of adjudication for
179-11 surface water, a holder of a permit for the export of groundwater
179-12 from a groundwater conservation district, a retail public water
179-13 supplier, a wholesale water provider, and an irrigation district to
179-14 report to the board information on certain water pipelines and
179-15 other facilities that can be used for water conveyance.
179-16 (e) The changes in law made by this Act by amending Sections
179-17 11.023 and 11.122, Water Code, shall not change the existing
179-18 priority of any industrial water right holder on the mainstem of
179-19 the Rio Grande below Amistad Reservoir who uses or supplies water
179-20 to a nursery grower.
179-21 SECTION 9.04. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
179-22 (a) The proper and legal notice of the intention to introduce this
179-23 Act, setting forth the general substance of this Act, has been
179-24 published as provided by law, and the notice and a copy of this Act
179-25 have been furnished to all persons, agencies, officials, or
179-26 entities to which they are required to be furnished by the
179-27 constitution and other laws of this state, including the governor,
180-1 who has submitted the notice and Act to the Texas Natural Resource
180-2 Conservation Commission.
180-3 (b) The Texas Natural Resource Conservation Commission has
180-4 filed its recommendations relating to this Act with the governor,
180-5 lieutenant governor, and speaker of the house of representatives
180-6 within the required time.
180-7 (c) All requirements of the constitution and laws of the
180-8 state and the rules and procedures of the legislature with respect
180-9 to the notice, introduction, and passage of this Act are fulfilled
180-10 and accomplished.
180-11 SECTION 9.05. EFFECTIVE DATE. This Act takes effect
180-12 September 1, 2001.