1-1 By: Brown S.B. No. 2
1-2 (In the Senate - Filed March 8, 2001; March 12, 2001, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 11, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; April 11, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 2 By: Brown
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the development and management of the water resources
1-11 of the state, including the ratification of the creation of certain
1-12 groundwater conservation districts; providing penalties.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 ARTICLE 1. TEXAS WATER ADVISORY COUNCIL
1-15 SECTION 1.01. Subtitle A, Title 2, Water Code, is amended by
1-16 adding Chapter 9 to read as follows:
1-17 CHAPTER 9. TEXAS WATER ADVISORY COUNCIL
1-18 Sec. 9.001. DEFINITION. In this chapter:
1-19 (1) "Authority" means an entity listed in Section
1-20 9.010(b).
1-21 (2) "Board" means the governing body of an authority.
1-22 (3) "Commission" means the Texas Natural Resource
1-23 Conservation Commission.
1-24 (4) "Conjunctive use" means the combined use of
1-25 groundwater and surface water sources that optimizes the beneficial
1-26 characteristics of each source.
1-27 (5) "Council" means the Texas Water Advisory Council.
1-28 Sec. 9.002. CREATION AND MEMBERSHIP. (a) The council is
1-29 composed of 11 members as follows:
1-30 (1) the chairman, or a board member designated by the
1-31 chairman, of the Texas Water Development Board;
1-32 (2) the chairman, or a commissioner designated by the
1-33 chairman, of the commission;
1-34 (3) the chairman, or a commissioner designated by the
1-35 chairman, of the Parks and Wildlife Commission;
1-36 (4) the commissioner of agriculture;
1-37 (5) the Commissioner of the General Land Office;
1-38 (6) two members of the house of representatives
1-39 appointed by the speaker of the house of representatives;
1-40 (7) one member of the senate appointed by the
1-41 lieutenant governor; and
1-42 (8) three members of the general public appointed by
1-43 the governor.
1-44 (b) Council members may not delegate participation or
1-45 council duties to staff.
1-46 Sec. 9.003. TERMS. (a) Except for the commissioner of
1-47 agriculture, council members who are officials of state agencies
1-48 serve terms as determined by the chairman of each agency.
1-49 (b) Council members who are members of the general public
1-50 serve staggered six-year terms with the term of one member expiring
1-51 August 31 of each odd-numbered year.
1-52 (c) Council members may be reappointed to serve additional
1-53 terms.
1-54 (d) A vacancy on the council shall be filled by appointment
1-55 by the original appointing authority for the unexpired term.
1-56 Sec. 9.004. OFFICERS OF THE COUNCIL. (a) The governor
1-57 shall appoint a council member as the chair of the council for a
1-58 two-year term expiring May 31 of each even-numbered year.
1-59 (b) The council shall have a secretary of the council who
1-60 shall serve at the pleasure of the council and be accountable only
1-61 to the council.
1-62 Sec. 9.005. COUNCIL STAFF. On request by the council, the
1-63 commission, the Parks and Wildlife Department, the Department of
1-64 Agriculture, and the Texas Water Development Board shall provide
2-1 any staff other than the secretary of the council necessary to
2-2 assist the council in the performance of its duties.
2-3 Sec. 9.006. MEETINGS. (a) The council shall meet at least
2-4 once in each calendar quarter. Six members shall constitute a
2-5 quorum sufficient to conduct meetings and the business of the
2-6 council.
2-7 (b) The council is subject to Chapters 551 and 2001,
2-8 Government Code.
2-9 Sec. 9.007. COMPENSATION OF MEMBERS. (a) Members of the
2-10 council shall serve without compensation but may be reimbursed by
2-11 legislative appropriation for actual and necessary expenses related
2-12 to the performance of council duties.
2-13 (b) Reimbursements under Subsection (a) shall be subject to
2-14 the approval of the chair.
2-15 Sec. 9.008. POWERS AND DUTIES OF COUNCIL. (a) The council
2-16 shall:
2-17 (1) heighten the level of dialogue on significant
2-18 water policy issues and, in an advisory role only, strive to
2-19 provide focus and guidance on state water policy initiatives,
2-20 including:
2-21 (A) promoting flexibility and incentives for
2-22 water desalination, brush control, regionalization, weather
2-23 modification projects, and public-private partnerships relating to
2-24 water projects;
2-25 (B) promoting adequate financing for surface
2-26 water and groundwater projects;
2-27 (C) development of water conservation and
2-28 drought management projects;
2-29 (D) implementation of approved regional and
2-30 state water plans;
2-31 (E) encouraging commonality of technical data
2-32 and information such as joint agency studies, freshwater inflow
2-33 recommendations, surface water and groundwater availability models,
2-34 and instream flow recommendations developed by the Parks and
2-35 Wildlife Department, the commission, and the Texas Water
2-36 Development Board; and
2-37 (F) encouraging the use of supplemental
2-38 environmental projects for water infrastructure needs and enhancing
2-39 the aquatic environment and habitat in enforcement proceedings at a
2-40 state agency or political subdivision;
2-41 (2) encourage the enhancement and coordination of
2-42 state, interstate, and international efforts to improve
2-43 environmental quality and living conditions along the Texas-Mexico
2-44 border;
2-45 (3) coordinate a unified state position on federal and
2-46 international water issues; and
2-47 (4) advise the Texas Water Development Board on
2-48 developing criteria for prioritizing the funding of projects in the
2-49 state water plan.
2-50 (b) The council may not:
2-51 (1) promulgate rules;
2-52 (2) regulate water use, water quality, or any other
2-53 aspect of water resource management;
2-54 (3) plan or construct water resource projects, or have
2-55 such projects planned or constructed;
2-56 (4) grant or loan any funds for the construction of
2-57 water resource projects;
2-58 (5) establish water resource management standards or
2-59 otherwise usurp the authority of or infringe upon the duties,
2-60 responsibilities, or powers of local, regional, or state water
2-61 management entities, including groundwater districts, river
2-62 authorities and compacts, regional water planning groups, or member
2-63 agencies of the council; or
2-64 (6) consider or discuss any specific permit or project
2-65 or recommendation for a project.
2-66 Sec. 9.009. REPORT. Not later than December 1 of each
2-67 even-numbered year, the council shall submit a report to the
2-68 governor, lieutenant governor, and speaker of the house of
2-69 representatives and to the senate and house standing committees
3-1 with primary responsibility over water resource management and
3-2 financing. The report shall include findings of the council made
3-3 in the periodic reviews of authorities during the preceding
3-4 two-year period and any other findings and recommendations the
3-5 council considers necessary.
3-6 Sec. 9.010. REVIEW OF AUTHORITIES. (a) On a five-year
3-7 cycle, the council shall review authorities based on the
3-8 administrative policies provided by Section 9.012 and performance
3-9 standards described in Section 9.011. The reviews shall be
3-10 conducted of groups described in Subsection (b), with group 1 being
3-11 reviewed at the council's first quarterly meeting of the five-year
3-12 period and group 2 being reviewed at the council's third quarterly
3-13 meeting of the period. The council shall continue in numerical
3-14 order to review one group at every other quarterly meeting until
3-15 all ten groups have been reviewed and then shall recommence the
3-16 cycle.
3-17 (b) Authorities shall be reviewed under Subsection (a) in
3-18 the following groups:
3-19 (1) in group 1, Northeast Texas Municipal Water
3-20 District, Titus County Fresh Water Supply District No. 1, and
3-21 Franklin County Water District;
3-22 (2) in group 2, Angelina and Neches River Authority,
3-23 Lower Neches Valley Authority, Sabine River Authority, and Upper
3-24 Neches River Municipal Water Authority;
3-25 (3) in group 3, Red River Authority of Texas, Sulphur
3-26 River Municipal Water District, and Sulphur River Basin Authority;
3-27 (4) in group 4, San Jacinto River Authority, Gulf
3-28 Coast Water Authority, and North Harris County Regional Water
3-29 Authority;
3-30 (5) in group 5, North Texas Municipal Water District,
3-31 Tarrant Regional Water District, Trinity River Authority of Texas,
3-32 and Dallas County Utility and Reclamation District;
3-33 (6) in group 6, Brazos River Authority, West Central
3-34 Texas Municipal Water District, and North Central Texas Municipal
3-35 Water Authority;
3-36 (7) in group 7, Guadalupe-Blanco River Authority,
3-37 Lavaca-Navidad River Authority, Lower Colorado River Authority, and
3-38 Upper Guadalupe River Authority;
3-39 (8) in group 8, Nueces River Authority, San Antonio
3-40 River Authority, and Bexar-Medina-Atascosa Counties Water Control
3-41 and Improvement District No. 1;
3-42 (9) in group 9, Colorado River Municipal Water
3-43 District, Central Colorado River Authority, and Upper Colorado
3-44 River Authority; and
3-45 (10) in group 10, Canadian River Municipal Water
3-46 Authority, Mackenzie Municipal Water Authority, and White River
3-47 Municipal Water District.
3-48 (c) The council may not review an authority under this
3-49 section more than once every five years. The council may, however,
3-50 request an authority that has been reviewed to provide follow-up
3-51 information on any specific item or issue raised during the initial
3-52 review.
3-53 (d) The council, on a request by an authority, may modify
3-54 the schedule in order to have the flexibility in scheduling the
3-55 review, if needed, to be more responsive to particular
3-56 circumstances, changing conditions, or time-sensitive conflicts.
3-57 Sec. 9.011. PERFORMANCE STANDARDS. (a) Before its
3-58 five-year review under Section 9.010, an authority shall report to
3-59 the council a self-assessment of:
3-60 (1) how the authority is achieving its stated mission
3-61 and goals, including an identification of any barriers that exist
3-62 in achieving the mission and goals;
3-63 (2) how the authority is providing service to its
3-64 customers, including mechanisms the authority provides to encourage
3-65 input from the public and its customers;
3-66 (3) how the authority is addressing issues raised by
3-67 its most recent management audit, including its administrative
3-68 policies; and
3-69 (4) the authority's role in the regional water
4-1 planning process.
4-2 (b) The authority's report to the council under this section
4-3 shall include recommendations related to:
4-4 (1) any interregional issues the authority has
4-5 identified as problematic and any potential solutions to those
4-6 issues; and
4-7 (2) solutions to any barriers the authority determines
4-8 are interfering with the successful implementation of the approved
4-9 regional water plan or state water plan.
4-10 Sec. 9.012. ADMINISTRATIVE POLICIES FOR AUTHORITIES. The
4-11 commission shall expand the applicability of its rules under 30
4-12 T.A.C. Chapter 292 to include all the authorities subject to this
4-13 title. The commission shall provide the council with copies of the
4-14 most recent information provided by each authority in accordance
4-15 with its administrative rules.
4-16 Sec. 9.013. GIFTS AND GRANTS. The council may accept gifts
4-17 and grants from any source to carry out the purposes of this
4-18 chapter. The use of gifts and grants other than legislative
4-19 appropriations is subject only to limitations contained in the gift
4-20 or grant.
4-21 Sec. 9.014. FUNDING. (a) The interagency water policy
4-22 account is a special account in the general revenue fund.
4-23 (b) The interagency water policy account consists of
4-24 legislative appropriations, gifts and grants received under Section
4-25 9.013, and other money required by law to be deposited in the
4-26 account.
4-27 (c) Funds in the interagency water policy account may be
4-28 used only as provided by this chapter.
4-29 Sec. 9.015. CONTINUING RIGHT OF SUPERVISION. Nothing in
4-30 this chapter shall affect the continuing right of supervision over
4-31 authorities by the commission as provided by Section 12.081.
4-32 Sec. 9.016. PUBLIC PARTICIPATION. The council shall
4-33 encourage public input regarding the exercise of its powers and
4-34 duties under Section 9.008, its preparation of the report described
4-35 in Section 9.009, and its review of authorities under Sections
4-36 9.010 and 9.011.
4-37 ARTICLE 2. SURFACE WATER AND GROUNDWATER
4-38 CONJUNCTIVE MANAGEMENT; REGULATORY INCENTIVES
4-39 SECTION 2.01. Section 11.002, Water Code, is amended by
4-40 adding Subdivisions (7), (11), (12), (13), and (14) to read as
4-41 follows:
4-42 (7) "Instream use" means the use of state water for
4-43 fisheries, water quality protection, aquatic and riparian wildlife
4-44 habitat, freshwater inflows for bays and estuaries, and any other
4-45 similar use recognized by law. An instream use is a beneficial use
4-46 of water.
4-47 (11) "River basin" means a river or coastal basin
4-48 designated by the board as a river basin under Section 16.051. The
4-49 term does not include waters of the bays or arms of the Gulf of
4-50 Mexico.
4-51 (12) "Agriculture" means any of the following
4-52 activities:
4-53 (A) cultivating the soil to produce crops for
4-54 human food, animal feed, or planting seed or for the production of
4-55 fibers;
4-56 (B) the practice of floriculture, viticulture,
4-57 silviculture, and horticulture, including the cultivation of plants
4-58 in containers or nonsoil media, by a nursery grower;
4-59 (C) raising, feeding, or keeping animals for the
4-60 production of food or fiber, leather, pelts, or other tangible
4-61 products having a commercial value;
4-62 (D) wildlife management; and
4-63 (E) planting cover crops, including cover crops
4-64 cultivated for transplantation, or leaving land idle for the
4-65 purpose of participating in any governmental program or normal crop
4-66 or livestock rotation procedure.
4-67 (13) "Agricultural use" means any use or activity
4-68 involving agriculture, including irrigation.
4-69 (14) "Nursery grower" means a person who grows more
5-1 than 50 percent of the products that the person either sells or
5-2 leases, regardless of the variety sold, leased, or grown. For the
5-3 purpose of this definition, "grow" means the actual cultivation or
5-4 propagation of the product beyond the mere holding or maintaining
5-5 of the item prior to sale or lease and typically includes
5-6 activities associated with the production or multiplying of stock
5-7 such as the development of new plants from cuttings, grafts, plugs,
5-8 or seedlings.
5-9 SECTION 2.02. Subsection (a), Section 11.023, Water Code, is
5-10 amended to read as follows:
5-11 (a) State water may be appropriated, stored, or diverted
5-12 for:
5-13 (1) domestic and municipal uses, including water for
5-14 sustaining human life and the life of domestic animals;
5-15 (2) industrial uses, meaning processes designed to
5-16 convert materials of a lower order of value into forms having
5-17 greater usability and commercial value, including the development
5-18 of power by means other than hydroelectric;
5-19 (3) agricultural uses [irrigation];
5-20 (4) mining and recovery of minerals;
5-21 (5) hydroelectric power;
5-22 (6) navigation;
5-23 (7) recreation and pleasure;
5-24 (8) [stock raising;]
5-25 [(9)] public parks; and
5-26 (9) [(10)] game preserves.
5-27 SECTION 2.03. Section 11.024, Water Code, is amended to read
5-28 as follows:
5-29 Sec. 11.024. APPROPRIATION: PREFERENCES. In order to
5-30 conserve and properly utilize state water, the public welfare
5-31 requires not only recognition of beneficial uses but also a
5-32 constructive public policy regarding the preferences between these
5-33 uses, and it is therefore declared to be the public policy of this
5-34 state that in appropriating state water preference shall be given
5-35 to the following uses in the order named:
5-36 (1) domestic and municipal uses, including water for
5-37 sustaining human life and the life of domestic animals, it being
5-38 the public policy of the state and for the benefit of the greatest
5-39 number of people that in the appropriation of water as herein
5-40 defined, the appropriation of water for domestic and municipal uses
5-41 shall be and remain superior to the rights of the state to
5-42 appropriate the same for all other purposes;
5-43 (2) industrial uses, meaning processes designed to
5-44 convert materials of a lower order of value into forms having
5-45 greater usability and commercial value, including the development
5-46 of power by means other than hydroelectric;
5-47 (3) agricultural uses [irrigation];
5-48 (4) mining and recovery of minerals;
5-49 (5) hydroelectric power;
5-50 (6) navigation;
5-51 (7) recreation and pleasure; and
5-52 (8) other beneficial uses.
5-53 SECTION 2.04. Section 11.038, Water Code, is amended to read
5-54 as follows:
5-55 Sec. 11.038. RIGHTS OF OWNERS OF LAND ADJOINING CANAL, ETC.
5-56 (a) A person who owns or holds a possessory interest in land
5-57 adjoining or contiguous to a canal, ditch, flume, lateral, dam,
5-58 reservoir, or lake constructed and maintained under the provisions
5-59 of this chapter and who has secured a right to the use of water in
5-60 the canal, ditch, flume, lateral, dam, reservoir, or lake is
5-61 entitled to be supplied from the canal, ditch, flume, lateral, dam,
5-62 reservoir, or lake with water [for irrigation of the land and] for
5-63 agricultural uses, mining, milling, manufacturing, development of
5-64 power, and stock raising, in accordance with the terms of his
5-65 contract.
5-66 (b) If the person, association of persons, or corporation
5-67 owning or controlling the water and the person who owns or holds a
5-68 possessory interest in the adjoining land cannot agree on a price
5-69 for a permanent water right or for the use of enough water for
6-1 irrigation of the person's land or for agricultural uses, mining,
6-2 milling, manufacturing, development of power, or stock raising,
6-3 then the party owning or controlling the water, if he has any water
6-4 not contracted to others, shall furnish the water necessary for
6-5 these purposes at reasonable and nondiscriminatory prices.
6-6 SECTION 2.05. Subsection (p), Section 11.085, Water Code, is
6-7 amended to read as follows:
6-8 (p) [For the purposes of this section, a basin is designated
6-9 as provided in accordance with Section 16.051 of this code.] A
6-10 river basin may not be redesignated in order to allow a transfer or
6-11 diversion of water otherwise in violation of this section.
6-12 SECTION 2.06. Section 11.088, Water Code, is amended to read
6-13 as follows:
6-14 Sec. 11.088. DESTRUCTION OF WATERWORKS. No person may
6-15 wilfully cut, dig, break down, destroy, or injure or open a gate,
6-16 bank, embankment, or side of any ditch, canal, reservoir, flume,
6-17 tunnel or feeder, pump or machinery, building, structure, or other
6-18 work which is the property of another, or in which another owns an
6-19 interest, or which is lawfully possessed or being used by another,
6-20 and which is used for irrigation, milling, mining, manufacturing,
6-21 the development of power, domestic purposes, agricultural uses, or
6-22 stock raising, with intent to:
6-23 (1) maliciously injure a person, association,
6-24 corporation, water improvement or irrigation district;
6-25 (2) gain advantage for himself; or
6-26 (3) take or steal water or cause water to run out or
6-27 waste out of the ditch, canal, or reservoir, feeder, or flume for
6-28 his own advantage or to the injury of a person lawfully entitled to
6-29 the use of the water or the use or management of the ditch, canal,
6-30 tunnel, reservoir, feeder, flume, machine, structure, or other
6-31 irrigation work.
6-32 SECTION 2.07. Subsection (a), Section 11.122, Water Code, is
6-33 amended to read as follows:
6-34 (a) All holders of permits, certified filings, and
6-35 certificates of adjudication issued under Section 11.323 of this
6-36 code shall obtain from the commission authority to change the place
6-37 of use, purpose of use, point of diversion, rate of diversion,
6-38 acreage to be irrigated, or otherwise alter a water right. Without
6-39 obtaining an amendment, the holder of a permit, certified filing,
6-40 or certificate of adjudication that includes industrial use may use
6-41 or supply water for an agricultural use that was classified as
6-42 industrial before September 1, 2001. An amendment changing the
6-43 purpose of use from irrigation to agricultural uses shall be
6-44 authorized without notice or hearing under Section 11.132 if the
6-45 application requests no other change.
6-46 SECTION 2.08. Subsection (b), Section 11.1271, Water Code,
6-47 is amended to read as follows:
6-48 (b) The commission shall require the holder of an existing
6-49 permit, certified filing, or certificate of adjudication for the
6-50 appropriation of surface water in the amount of 1,000 acre-feet a
6-51 year or more for municipal, industrial, and other uses, and 10,000
6-52 acre-feet a year or more for irrigation uses, to develop, submit,
6-53 and implement a water conservation plan, consistent with the state
6-54 [appropriate approved regional] water plan, that adopts reasonable
6-55 water conservation measures as defined by Subdivision (8)(B),
6-56 Section 11.002[, of this code]. The requirement for a water
6-57 conservation plan under this section shall not result in the need
6-58 for an amendment to an existing permit, certified filing, or
6-59 certificate of adjudication.
6-60 SECTION 2.09. Subsection (a), Section 11.1272, Water Code,
6-61 is amended to read as follows:
6-62 (a) The commission shall by rule require wholesale and
6-63 retail public water suppliers and irrigation districts to develop
6-64 drought contingency plans consistent with the state [appropriate
6-65 approved regional] water plan to be implemented during periods of
6-66 water shortages and drought.
6-67 SECTION 2.10. Subsection (b), Section 11.134, Water Code, is
6-68 amended to read as follows:
6-69 (b) The commission shall grant the application only if:
7-1 (1) the application conforms to the requirements
7-2 prescribed by this chapter and is accompanied by the prescribed
7-3 fee;
7-4 (2) unappropriated water is available in the source of
7-5 supply;
7-6 (3) the proposed appropriation:
7-7 (A) is intended for a beneficial use;
7-8 (B) does not impair existing water rights or
7-9 vested riparian rights;
7-10 (C) is not detrimental to the public welfare;
7-11 (D) considers the assessments performed under
7-12 Sections 11.147(d) and (e) and Sections 11.150, 11.151, and 11.152
7-13 [effects of any hydrological connection between surface water and
7-14 groundwater]; and
7-15 (E) addresses a water supply need in a manner
7-16 that is consistent with the state water plan and an approved
7-17 regional water plan [for any area in which the proposed
7-18 appropriation is located], unless the commission determines that
7-19 conditions warrant waiver of this requirement; and
7-20 (4) the applicant has provided evidence that
7-21 reasonable diligence will be used to avoid waste and achieve water
7-22 conservation as defined by Subdivision (8)(B), Section 11.002[, of
7-23 this code].
7-24 SECTION 2.11. Subsection (a), Section 11.138, Water Code, is
7-25 amended to read as follows:
7-26 (a) The commission may issue temporary permits for
7-27 beneficial purposes to the extent that they do not interfere with
7-28 or adversely affect prior appropriations or vested rights on the
7-29 stream from which water is to be diverted under such temporary
7-30 permit. The commission may, by appropriate order, authorize any
7-31 member of the commission to approve and issue temporary permits
7-32 without notice and hearing if it appears to such issuing party that
7-33 sufficient water is available at the proposed point of diversion to
7-34 satisfy the requirements of the temporary permit as well as all
7-35 existing rights. No temporary permit issued without notice and
7-36 hearing shall authorize more than 10 acre-feet of water, nor may it
7-37 be for a term in excess of one year. The commission by rule may
7-38 authorize the beneficial use, without a permit, of not more than 25
7-39 acre-feet of water, for a term not to exceed one year, if the
7-40 diversion of water will not affect existing water right holders and
7-41 the user of the water registers the use with the commission in the
7-42 manner required by the commission.
7-43 SECTION 2.12. Section 11.142, Water Code, is amended to read
7-44 as follows:
7-45 Sec. 11.142. PERMIT EXEMPTIONS. (a) Without obtaining a
7-46 permit, a person may construct on the person's [his] own property a
7-47 dam or reservoir with normal storage of not more than 200 acre-feet
7-48 of water for domestic and livestock purposes. A person who
7-49 temporarily stores more than 200 acre-feet of water in a dam or
7-50 reservoir described by this subsection is not required to obtain a
7-51 permit for the dam or reservoir if the person can demonstrate that
7-52 the person has not stored in the dam or reservoir more than 200
7-53 acre-feet of water on average in any 12-month period.
7-54 (b) Without obtaining a permit, a person may construct on
7-55 the person's property a dam or reservoir with normal storage of not
7-56 more than 200 acre-feet of water for fish and wildlife purposes if
7-57 the property on which the dam or reservoir will be constructed is
7-58 qualified open-space land, as defined by Section 23.51, Tax Code.
7-59 (c) Without obtaining a permit, a person who is drilling and
7-60 producing petroleum and conducting operations associated with
7-61 drilling and producing petroleum may take for those purposes state
7-62 water from the Gulf of Mexico and adjacent bays and arms of the
7-63 Gulf of Mexico in an amount not to exceed one acre-foot during each
7-64 24-hour period.
7-65 (d) [(c)] Without obtaining a permit, a person may construct
7-66 or maintain a reservoir for the sole purpose of sediment control as
7-67 part of a surface coal mining operation under the Texas Surface
7-68 Coal Mining and Reclamation Act (Article 5920-11, Vernon's Texas
7-69 Civil Statutes).
8-1 SECTION 2.13. Section 11.146, Water Code, is amended by
8-2 adding Subsection (g) to read as follows:
8-3 (g) This section does not apply to a permit for construction
8-4 of a reservoir designed for the storage of more than 75,000
8-5 acre-feet of water.
8-6 SECTION 2.14. Subsections (b), (d), and (e), Section 11.147,
8-7 Water Code, are amended to read as follows:
8-8 (b) In its consideration of an application for a permit to
8-9 store, take, or divert water, the commission shall assess the
8-10 effects, if any, of the issuance of the permit on the bays and
8-11 estuaries of Texas. For permits issued within an area that is 200
8-12 river miles of the coast, to commence from the mouth of the river
8-13 thence inland, the commission shall include in the permit, to the
8-14 extent practicable when considering all public interests and the
8-15 studies mandated by Section 16.058 as evaluated under Section
8-16 11.1491, those conditions considered necessary to maintain
8-17 beneficial inflows to any affected bay and estuary system.
8-18 (d) In its consideration of an application to store, take or
8-19 divert water, the commission shall include in the permit, to the
8-20 extent practicable when considering all public interests, those
8-21 conditions considered necessary to maintain [consider the effect,
8-22 if any, of the issuance of the permit on] existing instream uses
8-23 and water quality of the stream or river to which the application
8-24 applies.
8-25 (e) The commission shall include in the permit, to the
8-26 extent practicable when considering all public interests, those
8-27 conditions considered necessary to maintain [also consider the
8-28 effect, if any, of the issuance of the permit on] fish and wildlife
8-29 habitats.
8-30 SECTION 2.15. Subsection (b), Section 11.173, Water Code, is
8-31 amended to read as follows:
8-32 (b) A permit, certified filing, or certificate of
8-33 adjudication or a portion of a permit, certified filing, or
8-34 certificate of adjudication is exempt from cancellation under
8-35 Subsection (a) of this section:
8-36 (1) to the extent of the owner's participation in the
8-37 Conservation Reserve Program authorized by the Food Security Act,
8-38 Pub.L. No. 99-198, Secs. 1231-1236, 99 Stat. 1354, 1509-1514 (1985)
8-39 or a similar governmental program; [or]
8-40 (2) if a significant [any] portion of the water
8-41 authorized to be used pursuant to a permit, certified filing, or
8-42 certificate of adjudication has been used in accordance with a
8-43 specific recommendation for meeting a water need included in the
8-44 state [regional] water plan approved pursuant to Section 16.053;
8-45 (3) if the permit, certified filing, or certificate of
8-46 adjudication was obtained to meet demonstrated long-term public
8-47 water supply or electric generation needs as evidenced by a water
8-48 management plan developed by the holder and is consistent with
8-49 projections of future water needs contained in the state water
8-50 plan; or
8-51 (4) if the permit, certified filing, or certificate of
8-52 adjudication was obtained as the result of the construction of a
8-53 reservoir funded, in whole or in part, by the holder of the permit,
8-54 certified filing, or certificate of adjudication as part of the
8-55 holder's long-term water planning [of this code].
8-56 SECTION 2.16. Subsection (b), Section 11.177, Water Code, is
8-57 amended to read as follows:
8-58 (b) In determining what constitutes reasonable diligence or
8-59 a justified nonuse as used in Subsection (a)(2) [of this section],
8-60 the commission shall give consideration to:
8-61 (1) whether sufficient water is available in the
8-62 source of supply to meet all or part of the appropriation during
8-63 the 10-year period of nonuse;
8-64 (2) whether the nonuse is justified by the holder's
8-65 participation in the federal Conservation Reserve Program or a
8-66 similar governmental program as provided by Section 11.173(b)(1)
8-67 [of this code];
8-68 (3) [whether the permit, certified filing, or
8-69 certificate of adjudication was obtained to meet demonstrated
9-1 long-term public water supply or electric generation needs as
9-2 evidenced by a water management plan developed by the holder and
9-3 consistent with projections of future water needs contained in the
9-4 state water plan;]
9-5 [(4) whether the permit, certified filing, or
9-6 certificate of adjudication was obtained as the result of the
9-7 construction of a reservoir funded, in whole or in part, by the
9-8 holder of the permit, certified filing, or certificate of
9-9 adjudication as part of the holder's long-term water planning;]
9-10 [(5)] whether the existing or proposed authorized
9-11 purpose and place of use are consistent with an approved regional
9-12 water plan as provided by Section 16.053 [of this code];
9-13 (4) [(6)] whether the permit, certified filing, or
9-14 certificate of adjudication has been deposited into the Texas Water
9-15 Bank as provided by Sections 15.7031 and 15.704 of this code or
9-16 whether it can be shown that the water right or water available
9-17 under the right is currently being made available for purchase
9-18 through private marketing efforts; or
9-19 (5) [(7)] whether the permit, certified filing, or
9-20 certificate of adjudication has been reserved to provide for
9-21 instream flows or bay and estuary inflows.
9-22 SECTION 2.17. Subdivisions (1) and (2), Section 15.701,
9-23 Water Code, are amended to read as follows:
9-24 (1) "Deposit" means the placement of a water right or
9-25 the right to use water in the water bank for transfer or the
9-26 placement of a water right in the trust for instream uses.
9-27 (2) "Depositor" means a person who deposits or has on
9-28 deposit a water right in the water bank or trust.
9-29 SECTION 2.18. Subsection (a), Section 15.703, Water Code, is
9-30 amended to read as follows:
9-31 (a) The board may take all actions necessary to operate the
9-32 water bank and to facilitate the transfer of water rights from the
9-33 water bank for future beneficial use including but not limited to:
9-34 (1) negotiating a sale price and terms acceptable to
9-35 the depositor and purchaser;
9-36 (2) maintaining a registry of water bank deposits and
9-37 those water users in need of additional supplies;
9-38 (3) informing water users in need of additional supply
9-39 of water rights available in the bank;
9-40 (4) encouraging water right holders to implement water
9-41 conservation practices and deposit the right to use the conserved
9-42 water into the bank;
9-43 (5) establishing requirements for deposit of a water
9-44 right into the water bank including minimum terms for deposit;
9-45 (6) purchasing, holding, and transferring water or
9-46 water rights in its own name;
9-47 (7) establishing regional water banks;
9-48 (8) acting as a clearinghouse for water marketing
9-49 information including water availability, pricing of water
9-50 transactions, environmental considerations, and potential buyers
9-51 and sellers of water rights;
9-52 (9) preparing and publishing a manual on structuring
9-53 water transactions;
9-54 (10) [accepting and holding donations of water rights
9-55 to meet instream, water quality, fish and wildlife habitat, or bay
9-56 and estuary inflow needs;]
9-57 [(11)] entering into contracts with persons to pay for
9-58 feasibility studies or the preparation of plans and specifications
9-59 relating to water conservation efforts or to estimate the amount of
9-60 water that would be saved through conservation efforts; and
9-61 (11) [(12)] other actions to facilitate water
9-62 transactions.
9-63 SECTION 2.19. Section 15.7031, Water Code, is amended to
9-64 read as follows:[Texas Water Trust is
9-69 established within the water bank to hold] water rights dedicated
10-1 to instream uses [environmental needs], including instream flows,
10-2 water quality, fish and wildlife habitat, or bay and estuary
10-3 inflows.
10-4 (b) A water right which has been used in accordance with a
10-5 certificate of adjudication or permit or any portion of a water
10-6 right which has been used in accordance with a certificate of
10-7 adjudication or permit may be deposited into the trust. A water
10-8 right which has not been used in accordance with a certificate of
10-9 adjudication or permit or any portion of a right which has not been
10-10 used in accordance with a certificate of adjudication or permit
10-11 shall not be deposited into the trust.
10-12 (c) The Parks and Wildlife Department [board], in
10-13 consultation with the board [Parks and Wildlife Department] and the
10-14 commission, shall adopt rules governing the process for holding and
10-15 transferring water rights.
10-16 (d) [(c)] The deposit [dedication] of any water rights
10-17 [placed] in the trust must be reviewed and approved by the
10-18 commission, in consultation with the board and the Parks and
10-19 Wildlife Department. In addition, the Department of Agriculture
10-20 may provide input to the commission, as appropriate, during the
10-21 review and approval process for depositing [dedication of] water
10-22 rights.
10-23 (e) [(d)] Water rights may be held in the trust for a term
10-24 specified by contractual agreement or in perpetuity. A water right
10-25 may be deposited in the trust for an initial term of up to 10 years
10-26 or may be deposited in perpetuity. During its deposit in the
10-27 trust, the water right is exempt from cancellation by the
10-28 commission under the terms of Subchapter E, Chapter 11.
10-29 SECTION 2.20. Subchapter K, Chapter 15, Water Code, is
10-30 amended by adding Section 15.7032 to read as follows:
10-31 Sec. 15.7032. OPERATION OF THE TEXAS WATER TRUST. (a) The
10-32 Parks and Wildlife Department may take all actions necessary to
10-33 operate the trust and to facilitate the donation of water rights to
10-34 the trust including:
10-35 (1) encouraging water right holders to deposit water
10-36 rights in the trust, especially in high-priority water bodies;
10-37 (2) negotiating trust acquisitions acceptable to
10-38 depositors;
10-39 (3) maintaining a registry of trust deposits;
10-40 (4) informing water rights holders and the public of
10-41 the need for instream flows and freshwater inflows;
10-42 (5) purchasing, holding, and transferring water or
10-43 water rights in its own name;
10-44 (6) acting as a clearinghouse for information on
10-45 instream use water needs including water availability, water
10-46 quality, instream flows, freshwater inflows, fish and wildlife
10-47 habitat, and recreation;
10-48 (7) preparing and publishing a guidance document on
10-49 the trust; and
10-50 (8) other action to facilitate trust transactions.
10-51 (b) The Parks and Wildlife Department may adopt rules
10-52 necessary for implementation of the trust.
10-53 (c) The Parks and Wildlife Department may contract with any
10-54 person to achieve the purposes of this subchapter.
10-55 SECTION 2.21. Subsection (a), Section 15.704, Water Code, is
10-56 amended to read as follows:
10-57 (a) A water right may be deposited in the water bank for an
10-58 initial term of up to 10 years, [unless otherwise held in the Texas
10-59 Water Trust as established under Section 15.7031 of this code,]
10-60 during which time the water right is exempt from cancellation by
10-61 the commission under the terms of Subchapter E of Chapter 11 of
10-62 this code. A water right is exempt from cancellation under this
10-63 subsection only once even if it has been transferred or
10-64 redeposited.
10-65 SECTION 2.22. Subchapter K, Chapter 15, Water Code, is
10-66 amended by adding Section 15.7071 to read as follows:
10-67 Sec. 15.7071. WATER TRUST ACCOUNT. (a) The water trust
10-68 account is created as a special account in the general revenue fund
10-69 and is composed of:
11-1 (1) money appropriated to the Parks and Wildlife
11-2 Department for the program; and
11-3 (2) grants, contracts, gifts, or other funds that the
11-4 Parks and Wildlife Department may receive relating to this
11-5 subchapter.
11-6 (b) The money in the water trust account may be used only
11-7 for the administration and operation of the trust by the Parks and
11-8 Wildlife Department under this subchapter.
11-9 SECTION 2.23. Section 16.012, Water Code, is amended by
11-10 adding Subsections (l) and (m) to read as follows:
11-11 (l) The executive administrator shall obtain or develop
11-12 groundwater availability models for major and minor aquifers in
11-13 coordination with regional water planning groups created under
11-14 Section 16.053 that overlie the aquifers. Modeling of major
11-15 aquifers shall be completed not later than October 1, 2004. On
11-16 completing a groundwater availability model for an aquifer, the
11-17 executive administrator shall provide the model to each groundwater
11-18 conservation district and each regional water planning group
11-19 created under Section 16.053 overlying that aquifer.
11-20 (m) The executive administrator may conduct surveys of
11-21 persons using groundwater and surface water at intervals determined
11-22 appropriate by the executive administrator to gather data to be
11-23 used for long-term water supply planning. Recipients of the survey
11-24 shall complete and return the survey to the executive
11-25 administrator. Persons who fail to timely complete and return the
11-26 survey shall not be eligible for funding from the board for board
11-27 programs and shall be ineligible to obtain permits, permit
11-28 amendments, or permit renewals from the commission under Chapter
11-29 11. Surveys obtained by the board from nongovernmental entities
11-30 shall be excepted from the requirements of Section 552.021,
11-31 Government Code, if so requested in writing by the person
11-32 completing the survey. This subsection does not apply to survey
11-33 information regarding windmills used for domestic and livestock
11-34 use.
11-35 SECTION 2.24. Section 16.051, Water Code, is amended by
11-36 amending Subsections (a), (d), (f), (g), and (h) and adding
11-37 Subsection (i) to read as follows:
11-38 (a) Not [No] later than January 5, 2002, and before the end
11-39 of each successive five-year period after that date [every five
11-40 years thereafter], the board shall prepare, develop, formulate, and
11-41 adopt a comprehensive state water plan that incorporates the
11-42 regional water plans approved under Section 16.053 to the extent
11-43 the board determines that such plans provide efficient strategies
11-44 and recommendations regarding groundwater and surface water use.
11-45 The state water plan shall provide for the orderly development,
11-46 management, and conservation of water resources and preparation for
11-47 and response to drought conditions, in order that sufficient water
11-48 will be available at a reasonable cost to ensure public health,
11-49 safety, and welfare; further economic development; and protect the
11-50 agricultural and natural resources of the entire state.
11-51 (d) The board, in coordination with the commission, the
11-52 Department of Agriculture, and the Parks and Wildlife Department,
11-53 shall adopt by rule guidance principles for the state water plan
11-54 which reflect the public interest of the entire state. When
11-55 adopting guidance principles, due consideration shall be given to
11-56 the construction and improvement of surface water resources and the
11-57 application of principles that result in voluntary redistribution
11-58 of water resources. The guidance principles shall include
11-59 standards for economic analysis to be used in regional and state
11-60 water planning. The board shall review and update the guidance
11-61 principles, with input from the commission, the Department of
11-62 Agriculture, and the Parks and Wildlife Department, as necessary
11-63 but at least every five years to coincide with the five-year cycle
11-64 for adoption of a new water plan as described in Subsection (a).
11-65 (f) The legislature may designate a[:]
11-66 [(1)] river or stream segment of unique ecological
11-67 value. This designation solely means that a state agency or
11-68 political subdivision of the state may not finance the actual
11-69 construction of a reservoir in a specific river or stream segment
12-1 designated by the legislature under this subsection.
12-2 (g) The legislature may designate a[; or]
12-3 [(2)] site of unique value for the construction of a
12-4 reservoir.
12-5 [(g)] A state agency or political subdivision of the state
12-6 may not obtain a fee title or an easement that would[:]
12-7 [(1) destroy the unique ecological value of a river or
12-8 stream segment designated by the legislature under Subsection (f)
12-9 of this section; or]
12-10 [(2)] significantly prevent the construction of a
12-11 reservoir on a site designated by the legislature under [Subsection
12-12 (f) of] this subsection [section].
12-13 (h) The board, the commission, or the Parks and Wildlife
12-14 Department or a political subdivision affected by an action taken
12-15 in violation of Subsections (f) and [Subsection] (g) [of this
12-16 section] may bring a cause of action to remedy or prevent the
12-17 violation. A cause of action brought under this subsection must be
12-18 filed in a district court in Travis County or in the county in
12-19 which the action is proposed or occurring.
12-20 (i) If the board determines that a conflict requiring
12-21 resolution exists between the state water plan and a regional water
12-22 plan developed under Section 16.053, the board shall coordinate
12-23 with the involved region to resolve the conflict. If conflict
12-24 remains, the board shall resolve the conflict. If the board
12-25 determines that the resolution requires a revision of an approved
12-26 regional water plan, the board shall suspend the approval of that
12-27 plan and provide information to the regional water planning group.
12-28 The regional water planning group shall prepare any revisions to
12-29 its plan specified by the board and shall hold, after notice, at
12-30 least one public hearing at some central location within the
12-31 regional water planning area. The regional water planning group
12-32 shall consider all public and board comments; prepare, revise, and
12-33 adopt its plan; and submit the revised plan to the board for
12-34 approval. On the request of the involved region, the board shall
12-35 include discussion of the conflict and its resolution in the state
12-36 water plan that the board provides to the governor, the lieutenant
12-37 governor, and speaker of the house of representatives under
12-38 Subsection (e).
12-39 SECTION 2.25. Subsections (d) and (e), Section 16.053, Water
12-40 Code, are amended to read as follows:
12-41 (d) The board shall provide guidelines for the consideration
12-42 of existing regional planning efforts by regional water planning
12-43 groups. The board shall provide guidelines for the format in which
12-44 information shall be presented in the regional water plans. The
12-45 board by rule shall require a holder of a surface water permit, a
12-46 certified filing, or a certificate of adjudication for surface
12-47 water, a holder of a permit for the export of groundwater from a
12-48 groundwater conservation district, a retail public water supplier,
12-49 a wholesale water provider, an irrigation district, and any other
12-50 person who is transporting groundwater or surface water 20 miles or
12-51 more to report to the board information on certain water pipelines
12-52 and other facilities that can be used for water conveyance.
12-53 Nothing in the initial planning effort shall prevent development of
12-54 a management plan or project where local or regional needs require
12-55 action prior to completion of the initial regional water plan under
12-56 this section.
12-57 (e) Each regional water planning group shall submit to the
12-58 board a regional water plan that:
12-59 (1) is consistent with the guidance principles for the
12-60 state water plan adopted by the board under Section 16.051(d);
12-61 (2) provides information based on data provided or
12-62 approved by the board in a format consistent with the guidelines
12-63 provided by the board under Subsection (d);
12-64 (3) identifies:
12-65 (A) each source of water supply in the regional
12-66 water planning area in accordance with the guidelines provided by
12-67 the board under Subsections (d) and (f);
12-68 (B) factors specific to each source of water
12-69 supply to be considered in determining whether to initiate a
13-1 drought response; [and]
13-2 (C) actions to be taken as part of the response;
13-3 and
13-4 (D) information on water pipelines and other
13-5 facilities that can be used for water conveyance as provided by
13-6 board rules and guidelines;
13-7 (4) has specific provisions for water management
13-8 strategies to be used during a drought of record;
13-9 (5) includes but is not limited to consideration of
13-10 the following:
13-11 (A) any existing water or drought planning
13-12 efforts addressing all or a portion of the region;
13-13 (B) certified groundwater conservation district
13-14 management plans and other plans submitted under Section 16.054;
13-15 (C) all potentially feasible water management
13-16 strategies, including but not limited to improved conservation,
13-17 reuse, and management of existing water supplies, acquisition of
13-18 available existing water supplies, and development of new water
13-19 supplies;
13-20 (D) protection of existing water rights in the
13-21 region;
13-22 (E) opportunities for and the benefits of
13-23 developing regional water supply facilities or providing regional
13-24 management of water supply facilities;
13-25 (F) appropriate provision for environmental
13-26 water needs and for the effect of upstream development on the bays,
13-27 estuaries, and arms of the Gulf of Mexico and the effect of plans
13-28 on navigation;
13-29 (G) provisions in Section 11.085(k)(1) if
13-30 interbasin transfers are contemplated;
13-31 (H) voluntary transfer of water within the
13-32 region using, but not limited to, regional water banks, sales,
13-33 leases, options, subordination agreements, and financing
13-34 agreements; and
13-35 (I) emergency transfer of water under Section
13-36 11.139, including information on the part of each permit, certified
13-37 filing, or certificate of adjudication for nonmunicipal use in the
13-38 region that may be transferred without causing unreasonable damage
13-39 to the property of the nonmunicipal water rights holder; [and]
13-40 (6) identifies river and stream segments of unique
13-41 ecological value and sites of unique value for the construction of
13-42 reservoirs that the regional water planning group recommends for
13-43 protection under Section 16.051;
13-44 (7) assesses the impact of the plan on unique river
13-45 and stream segments identified in Subdivision (6); and
13-46 (8) describes the impact of proposed water management
13-47 strategies on water quality.
13-48 SECTION 2.26. Subdivision (7), Subsection (h), Section
13-49 16.053, Water Code, is amended to read as follows:
13-50 (7) The board may approve a regional water plan only
13-51 after it has determined that:
13-52 (A) [that] all interregional conflicts involving
13-53 that regional water planning area have been resolved;
13-54 (B) the plan includes advanced water
13-55 conservation practices and drought management measures
13-56 incorporating, at a minimum, the provisions of Sections 11.1271 and
13-57 11.1272; and
13-58 (C) the plan is consistent with long-term
13-59 protection of the state's water resources, agricultural resources,
13-60 and natural resources as embodied in the guidance principles
13-61 adopted under Section 16.051(d).
13-62 SECTION 2.27. Section 16.053, Water Code, is amended by
13-63 amending Subsection (j) and adding Subsection (p) to read as
13-64 follows:
13-65 (j) The board may provide financial assistance to political
13-66 subdivisions under Subchapters E and F of this chapter, Subchapters
13-67 C, D, E, F, [and] J, O, and P, Chapter 15, and Subchapters D, I, K,
13-68 and L, Chapter 17, for water supply projects only if:
13-69 (1) the board determines that the needs to be
14-1 addressed by the project will be addressed in a manner that is
14-2 consistent with the state water plan; and
14-3 (2) beginning January 5, 2002, the board:
14-4 (A) has approved a regional water plan as
14-5 provided by Subsection (i), and any required updates of the plan,
14-6 for the region of the state that includes the area benefiting from
14-7 the proposed project; and
14-8 (B) determines that the needs to be addressed by
14-9 the project will be addressed in a manner that is consistent with
14-10 that regional water plan.
14-11 (p) If a groundwater conservation district files a petition
14-12 with the board stating that a conflict requiring resolution may
14-13 exist between the district's certified groundwater conservation
14-14 district management plan developed under Section 36.1071 and the
14-15 approved regional water plan, the board shall facilitate
14-16 coordination between the district and the involved region to
14-17 resolve the conflict. If conflict remains, the board shall resolve
14-18 the conflict. If the board determines that resolution of conflict
14-19 requires a revision of an approved regional water plan, the board
14-20 shall suspend the approval of that plan and provide information to
14-21 the regional water planning group. The regional water planning
14-22 group shall prepare any revisions to its plan specified by the
14-23 board and shall hold, after notice, at least one public hearing at
14-24 some central location within the regional water planning area. The
14-25 regional water planning group shall consider all public and board
14-26 comments; prepare, revise, and adopt its plan; and submit the
14-27 revised plan to the board for approval and inclusion in the state
14-28 water plan. If the board determines that resolution of conflict
14-29 requires a revision of the district's certified groundwater
14-30 conservation district management plan, the board shall suspend the
14-31 certification of that plan and provide information to the district.
14-32 The groundwater district shall prepare any revisions to its plan
14-33 specified by the board and shall hold, after notice, at least one
14-34 public hearing at some central location within the district. The
14-35 groundwater district shall consider all public and board comments;
14-36 prepare, revise, and adopt its plan; and submit the revised plan to
14-37 the board for certification. On the request of the involved region
14-38 or groundwater conservation district, the board shall include
14-39 discussion of the conflict and its resolution in the state water
14-40 plan that the board provides to the governor, the lieutenant
14-41 governor, and the speaker of the house of representatives under
14-42 Section 16.051(e).
14-43 SECTION 2.28. Subsections (a), (c), and (d), Section 16.054,
14-44 Water Code, are amended to read as follows:
14-45 (a) Notwithstanding the provisions of this subsection,
14-46 groundwater districts are the state's preferred method of managing
14-47 groundwater resources. It is the policy of the state that water
14-48 resource management, water conservation, and drought planning
14-49 should occur on an ongoing basis. The board, commission, and Parks
14-50 and Wildlife Department shall make available where appropriate
14-51 technical and financial assistance for such planning. In addition,
14-52 the Department of Agriculture may provide input and assistance, as
14-53 appropriate, for local water [such] planning.
14-54 (c) When preparing a plan to be submitted under this
14-55 section, a person shall consider the implementation of a
14-56 desalination program if practicable.
14-57 (d) The regional water planning group shall consider any
14-58 plan submitted under this section when preparing the regional water
14-59 plan under Section 16.053 of this code. A political subdivision,
14-60 including a groundwater conservation district, in the regional
14-61 water planning area may request a regional water planning group to
14-62 consider specific changes to a regional water plan based on changed
14-63 conditions or new information. The regional water planning group
14-64 shall consider the request and shall amend its regional water plan
14-65 if it determines that an amendment is warranted.
14-66 (e) After January 5, 2002, when [(d) When] preparing
14-67 individual water plans that address drought or the development,
14-68 management, or conservation of water resources from the holders of
14-69 existing permits, certified filings, or certificates of
15-1 adjudication, the water suppliers, [groundwater districts,] special
15-2 districts, irrigation districts, and other water users should
15-3 ensure that the plan is not in conflict with the applicable
15-4 approved regional water plan for their region.
15-5 SECTION 2.29. Subdivision (11), Section 35.002, Water Code,
15-6 is amended to read as follows:
15-7 (11) "Management area" means an area designated and
15-8 delineated by the Texas Water Development Board [commission] as an
15-9 area suitable for management of groundwater resources.
15-10 SECTION 2.30. Section 35.004, Water Code, is amended to read
15-11 as follows:
15-12 Sec. 35.004. DESIGNATION OF MANAGEMENT AREAS. (a) The
15-13 Texas Water Development Board, with assistance and cooperation from
15-14 the commission, shall designate groundwater management areas
15-15 covering all major and minor aquifers in the state. The initial
15-16 designation of management areas shall be completed by September 1,
15-17 2003 [On its own motion from time to time, or on receiving a
15-18 petition, the commission may designate groundwater management
15-19 areas]. Each management area shall be designated with the
15-20 objective of providing the most suitable area for the management of
15-21 the groundwater resources. To the extent feasible, the management
15-22 area shall coincide with the boundaries of a groundwater reservoir
15-23 or a subdivision of a groundwater reservoir. The Texas Water
15-24 Development Board [commission] also may consider other factors,
15-25 including the boundaries of political subdivisions.
15-26 (b) The commission may designate a management area after
15-27 September 1, 2001, for a petition filed and accepted by the
15-28 commission according to its rules in effect before September 1,
15-29 2001. The commission shall act on the designation in accordance
15-30 with this section and Section 35.005 [On the request of any person
15-31 interested in the petition, or on the request of the commission,
15-32 the executive director shall prepare available evidence relating to
15-33 the configuration of a groundwater management area. Before making
15-34 the designation, the commission shall consider the evidence
15-35 prepared by the executive director and other evidence submitted at
15-36 the hearing].
15-37 (c) The Texas Water Development Board [commission] may alter
15-38 the boundaries of designated management areas as required by future
15-39 conditions and as justified by factual data. An alteration of
15-40 boundaries does not invalidate the previous creation of any
15-41 district.
15-42 (d) The Texas Water Development Board [commission] shall
15-43 designate groundwater management areas using the procedures
15-44 applicable to rulemaking under [the Administrative Procedure Act,
15-45 Subchapter B,] Chapter 2001, Government Code.
15-46 SECTION 2.31. Subsections (a) and (f), Section 35.007, Water
15-47 Code, are amended to read as follows:
15-48 (a) The executive director and the executive administrator
15-49 shall meet periodically [at least once a year] to identify, based
15-50 on information gathered by the commission and the Texas Water
15-51 Development Board, those areas of the state that are experiencing
15-52 or that are expected to experience, within the immediately
15-53 following 25-year period, critical groundwater problems, including
15-54 shortages of surface water or groundwater, land subsidence
15-55 resulting from groundwater withdrawal, and contamination of
15-56 groundwater supplies. By September 1, 2005, the commission, with
15-57 assistance and cooperation from the Texas Water Development Board,
15-58 shall complete the initial designation of priority groundwater
15-59 management areas across all major and minor aquifers of the state
15-60 for all areas that meet the criteria for such designation. The
15-61 studies may be prioritized considering information from the
15-62 regional planning process, information from the Texas Water
15-63 Development Board groundwater management areas and groundwater
15-64 conservation districts, and any other information available. After
15-65 the initial designation of priority groundwater management areas,
15-66 the commission and the Texas Water Development Board shall annually
15-67 review the need for additional designations as provided by this
15-68 subsection.
15-69 (f) The report shall include:
16-1 (1) the recommended delineation of the boundaries of
16-2 any proposed priority groundwater management area in the form of an
16-3 order to be considered for adoption by the commission;
16-4 (2) the reasons and supporting information for or
16-5 against designating the area as a priority groundwater management
16-6 area;
16-7 (3) a recommendation regarding whether one or more
16-8 districts [a district] should be created in the priority
16-9 groundwater management area, [or whether] the priority groundwater
16-10 management area should be added to an existing district, or a
16-11 combination of those actions should be taken;
16-12 (4) a recommendation as to actions that should be
16-13 considered to conserve natural resources;
16-14 (5) an evaluation of information or studies submitted
16-15 to the executive director under Subsection (c); and
16-16 (6) any other information that the executive director
16-17 considers helpful to the commission.
16-18 SECTION 2.32. Section 35.008, Water Code, is amended to read
16-19 as follows:
16-20 Sec. 35.008. PROCEDURES FOR DESIGNATION OF PRIORITY
16-21 GROUNDWATER MANAGEMENT AREA; CONSIDERATION OF CREATION OF NEW
16-22 DISTRICT OR ADDITION OF LAND IN PRIORITY GROUNDWATER MANAGEMENT
16-23 AREA TO EXISTING DISTRICT; COMMISSION ORDER. (a) The commission
16-24 shall designate priority groundwater management areas using the
16-25 procedures provided by this chapter in lieu of those provided by
16-26 Subchapter B, Chapter 2001, Government Code.
16-27 (b) The commission shall call an evidentiary hearing to
16-28 consider:
16-29 (1) the designation of a priority groundwater
16-30 management area; and
16-31 (2) whether one or more districts [a district] should
16-32 be created over all or part of a priority groundwater management
16-33 area,[; or]
16-34 [(3) whether] all or part of the land in the priority
16-35 groundwater management area should be added to an existing
16-36 district, or a combination of those actions should be taken.
16-37 Consideration of this issue shall include a determination of
16-38 whether a district is feasible and practicable.
16-39 (c) Evidentiary hearings shall be held at a location in one
16-40 of the counties in which the priority groundwater management area
16-41 is located, or proposed to be located, or in the nearest convenient
16-42 location if adequate facilities are not available in those
16-43 counties.
16-44 (d) At the hearing, the commission shall hear testimony and
16-45 receive evidence from affected persons. Affected persons shall
16-46 include landowners, well owners, and other users of groundwater in
16-47 the proposed priority groundwater management area. The commission
16-48 shall consider the executive director's report and supporting
16-49 information and the testimony and evidence received at the hearing.
16-50 If the commission considers further information necessary, the
16-51 commission may request such information from any source.
16-52 (e) Any evidentiary hearing shall be concluded not later
16-53 than the 75th day after the date notice of the hearing is
16-54 published.
16-55 (f) At the conclusion of the hearing and the commission's
16-56 considerations, the commission shall issue an order stating its
16-57 findings and conclusions, including whether a priority groundwater
16-58 management area should be designated in the area and
16-59 recommendations regarding district creation as set forth in
16-60 Subsection (g).
16-61 (g) The commission's order designating a priority
16-62 groundwater management area must recommend that the area be covered
16-63 by a district in any of the following ways:
16-64 (1) creation of one or more new districts;
16-65 (2) addition of the land in the priority groundwater
16-66 management area to one or more existing districts; or
16-67 (3) a combination of actions under Subdivisions (1)
16-68 and (2).
16-69 (h) In recommending the boundaries of a district or
17-1 districts under Subsection (g), the commission shall give
17-2 preference to boundaries that are coterminous with those of the
17-3 priority groundwater management area, but may recommend district
17-4 boundaries along existing political subdivision boundaries at the
17-5 discretion of the commission to facilitate district creation and
17-6 confirmation.
17-7 (i) The designation of a priority groundwater management
17-8 area may not be appealed nor may it be challenged under Section
17-9 5.351 of this code or [the Administrative Procedure Act,] Section
17-10 2001.038, Government Code.
17-11 SECTION 2.33. Subsections (a) and (b), Section 35.009, Water
17-12 Code, are amended to read as follows:
17-13 (a) The commission shall have notice of the hearing
17-14 published in at least one newspaper with general circulation in the
17-15 county or counties in which the area proposed for designation as a
17-16 priority groundwater management area [or the area within a priority
17-17 groundwater management area being considered for district creation
17-18 or for addition to an existing district] is located. Notice must
17-19 be published not later than the 30th day before the date set for
17-20 the hearing [commission to consider the designation of the priority
17-21 groundwater management area, the creation of a district in a
17-22 priority groundwater management area, or the addition of land in a
17-23 priority groundwater management area to an existing district].
17-24 (b) The notice must include:
17-25 (1) if applicable, a statement of the general purpose
17-26 and effect of designating the proposed priority groundwater
17-27 management area;
17-28 (2) if applicable, a statement of the general purpose
17-29 and effect of creating a new district in the priority groundwater
17-30 management area;
17-31 (3) if applicable, a statement of the general purpose
17-32 and effect of adding all or part of the land in the priority
17-33 groundwater management area to an existing district;
17-34 (4) a map generally outlining the boundaries of the
17-35 area being considered for priority groundwater management area
17-36 designation [or the priority groundwater management area being
17-37 considered for district creation or for addition to an existing
17-38 district,] or notice of the location at which a copy of the map may
17-39 be examined or obtained;
17-40 (5) a statement that the executive director's report
17-41 concerning the priority groundwater management area or proposed
17-42 area is available at the commission's main office in Austin, Texas,
17-43 and at regional offices of the commission for regions which include
17-44 territory within the priority groundwater management area or
17-45 proposed priority groundwater management area and that the report
17-46 is available for inspection during regular business hours;
17-47 (6) a description or the name of the locations in the
17-48 affected area at which the commission has provided copies of the
17-49 executive director's report to be made available for public
17-50 inspection;
17-51 (7) the name and address of each public library, each
17-52 county clerk's office, and each district to which the commission
17-53 has provided copies of the executive director's report; and
17-54 (8) the date, time, and place of the hearing.
17-55 SECTION 2.34. Section 35.012, Water Code, is amended to read
17-56 as follows:
17-57 Sec. 35.012. CREATION OF DISTRICT IN PRIORITY GROUNDWATER
17-58 MANAGEMENT AREA [COMMISSIONER ORDER]. (a) [At the conclusion of
17-59 its hearing and considerations, the commission shall issue an] [order
17-60 stating its findings and conclusions.]
17-61 [(b) If the commission finds that the land and other
17-62 property in the priority groundwater management area would benefit
17-63 from the creation of one or more districts, that there is a public
17-64 need for one or more districts, and that the creation of one or
17-65 more districts would further the public welfare, the commission
17-66 shall issue an order stating that the creation of one or more
17-67 districts is needed.]
17-68 [(c)] Following the issuance of a commission order under
17-69 Section 35.008 designating a priority groundwater management area
18-1 and recommending the creation of one or more districts, or the
18-2 addition of land to an existing district [Subsection (b)], the
18-3 landowners in the priority groundwater management area may:
18-4 (1) create one or more districts under Subchapter B,
18-5 Chapter 36;
18-6 (2) have the area annexed to a district that adjoins
18-7 the area; or
18-8 (3) create one or more districts through the
18-9 legislative process.
18-10 (b) Within two years, but no sooner than 120 days, from the
18-11 date on which the commission issues an order under Section 35.008
18-12 designating a priority groundwater management area, for those areas
18-13 that are not within a district, the commission shall:
18-14 (1) create one or more new districts under Section
18-15 36.0151;
18-16 (2) recommend that the areas, or a portion of the
18-17 areas, be added to an existing district under Section 35.013; or
18-18 (3) take any combination of the actions under
18-19 Subdivisions (1) and (2).
18-20 (c) Following the issuance of a commission order under
18-21 Section 35.008 [(d) The commission shall identify the areas
18-22 subject to the order of the commission issued under Subsection (b)
18-23 that have not been incorporated into a district and shall delineate
18-24 proposed boundaries of a district to include those areas. If the
18-25 commission proposes the creation of one or more districts], the
18-26 Texas Agricultural Extension Service shall begin an educational
18-27 program within such areas with the assistance and cooperation of
18-28 the Texas Water Development Board, the commission, the Department
18-29 of Agriculture, other state agencies, and existing districts to
18-30 inform the residents of the status of the area's water resources
18-31 and management options including possible formation of a district[,
18-32 before beginning the procedures for creation of a district provided
18-33 in Subchapter B, Chapter 36]. The county commissioners court of
18-34 each county in the priority groundwater management area shall form
18-35 a steering committee to provide assistance to the Texas
18-36 Agricultural Extension Service in accomplishing the goals of the
18-37 education program within the area.
18-38 [(e) If the commission fails to find that the district would
18-39 be a benefit to the land and other property within the priority
18-40 groundwater management area, that there is a public need for the
18-41 district, or that creation of the district will further the public
18-42 welfare, the commission shall issue an order stating that a
18-43 district should not be created within the boundaries of the
18-44 priority groundwater management area.]
18-45 [(f) An order of the commission issued under this section
18-46 may not be appealed.]
18-47 SECTION 2.35. Section 35.013, Water Code, is amended to read
18-48 as follows:
18-49 Sec. 35.013. ADDING PRIORITY GROUNDWATER MANAGEMENT AREA TO
18-50 EXISTING DISTRICT. (a) [If land in a priority groundwater
18-51 management area is located adjacent to one or more existing
18-52 districts, the commission, instead of issuing an order under
18-53 Section 35.012, may issue an order recommending that the priority
18-54 groundwater management area be added to the existing district
18-55 designated by the commission. In its order, the commission must
18-56 find that the land and other property in the priority groundwater
18-57 management area and the land in the existing district will benefit
18-58 from the addition of the area, that there is a public need to add
18-59 the priority groundwater management area to the existing district,
18-60 and that the addition of the land to the existing district would
18-61 further the public welfare.]
18-62 [(b)] If the commission in its order under Section 35.008
18-63 [executive director] recommends that the priority groundwater
18-64 management area, or a portion of the priority groundwater
18-65 management area, be added to an existing district [or if the
18-66 commission considers it possible to add the priority groundwater
18-67 management area to an adjacent existing district], the commission
18-68 shall give notice to the board of the existing district recommended
18-69 in its order [by the executive director or considered by the
19-1 commission to possibly serve the area] and to any other existing
19-2 districts adjacent to the priority groundwater management area.
19-3 (b) [(c)] The commission shall submit a copy of the order to
19-4 the board of the district to which it is recommending the priority
19-5 groundwater management area be added. The board shall vote on the
19-6 addition of the priority groundwater management area to the
19-7 district and shall advise the commission of the outcome.
19-8 (c) [(d)] If the board votes to accept the addition of the
19-9 priority groundwater management area to the district, the board:
19-10 (1) may request the Texas Agricultural Extension
19-11 Service, the commission, and the Texas Water Development Board,
19-12 with the cooperation and assistance of the Department of
19-13 Agriculture and other state agencies, to administer an educational
19-14 program to inform the residents of the status of the area's water
19-15 resources and management options including possible annexation into
19-16 a district;
19-17 (2) shall call an election within the priority
19-18 groundwater management area, or portion of the priority groundwater
19-19 management area, as delineated by the commission to determine if
19-20 the priority groundwater management area will be added to the
19-21 district; and
19-22 (3) shall designate election precincts and polling
19-23 places for the elections in the order calling an election under
19-24 this subsection.
19-25 (d) [(e)] The board shall give notice of the election and
19-26 the proposition to be voted on. The board shall publish notice of
19-27 the election at least one time in one or more newspapers with
19-28 general circulation within the boundaries of the priority
19-29 groundwater management area. The notice must be published before
19-30 the 30th day preceding the date set for the election.
19-31 (e) [(f)] The ballots for the election shall be printed to
19-32 provide for voting for or against the proposition: "The inclusion
19-33 of _________________________ (briefly describe priority groundwater
19-34 management area) in the ______________ District." If the district
19-35 has outstanding debts or taxes, the proposition shall include the
19-36 following language: "and assumption by the described area of a
19-37 proportional share of the debts or taxes of the district."
19-38 (f) [(g)] Immediately after the election, the presiding
19-39 judge of each polling place shall deliver the returns of the
19-40 election to the board, and the board shall canvass the returns for
19-41 the election within the priority groundwater management area and
19-42 declare the results. If a majority of the voters in the priority
19-43 groundwater management area voting on the proposition vote in favor
19-44 of the proposition, the board shall declare that the priority
19-45 groundwater management area is added to the district. If a
19-46 majority of the voters in the priority groundwater management area
19-47 voting on the proposition vote against adding the priority
19-48 groundwater management area to the district, the board shall
19-49 declare that the priority groundwater management area is not added
19-50 to the district. The board shall file a copy of the election
19-51 results with the commission.
19-52 (g) [(h)] If the voters approve adding the priority
19-53 groundwater management area to the district, the board of the
19-54 district to which the priority groundwater management area is added
19-55 shall provide reasonable representation on that board compatible
19-56 with the district's existing scheme of representation.
19-57 (h) [(i)] If the proposition is defeated, or if the board of
19-58 the existing district votes not to accept the addition of the area
19-59 to the district, then the commission shall, except as provided
19-60 under Subsection (i), create under Section 36.0151 one or more
19-61 districts covering the priority groundwater management area within
19-62 one year of the date on which the proposition is defeated or the
19-63 board votes not to accept the area.
19-64 (i) For an area which is not feasible for the creation of
19-65 one or more districts as determined in the commission's findings
19-66 under Section 35.008, the commission shall include in its report
19-67 under Section 35.018 recommendations for the future management of
19-68 the priority groundwater management area.
19-69 (j) Another [another] election to add the priority
20-1 groundwater management area to an existing district may not be
20-2 called before the first anniversary of the date on which the
20-3 election on the proposition was held.
20-4 SECTION 2.36. Subsection (c), Section 35.018, Water Code, is
20-5 amended to read as follows:
20-6 (c) If the commission determines that a district created
20-7 under Chapter 36 is not appropriate for, or capable of, the
20-8 protection of the groundwater resources for a particular management
20-9 area or priority groundwater management area, the commission may
20-10 recommend in its report to the legislature the creation of a
20-11 special district or amendment of an existing district. [(1) If
20-12 voters fail to create a groundwater district in a priority
20-13 groundwater management area or if voters fail to add the priority
20-14 groundwater management area to an existing groundwater district,
20-15 the report shall include recommendations for the future management
20-16 of the priority groundwater management area. The recommendations
20-17 may include but are not limited to the following:]
20-18 [(A) creation of a groundwater district by the
20-19 legislature;]
20-20 [(B) annexation of a priority groundwater
20-21 management area into an existing district by the legislature; or]
20-22 [(C) management of the priority groundwater
20-23 management area by the nearest regional office of the commission.
20-24 The commission may be authorized to:]
20-25 [(i) adopt spacing and annual per acre
20-26 pumping restrictions;]
20-27 [(ii) issue well permits in accordance
20-28 with Sections 36.113 and 36.1131;]
20-29 [(iii) prevent waste and protect the
20-30 quality of groundwater in accordance with Sections
20-31 36.001(8)(A)-(G);]
20-32 [(iv) levy administrative penalties for
20-33 violations; and]
20-34 [(v) collect fees in accordance with
20-35 Sections 36.206(a) and (b).]
20-36 [(2) If the commission is required by the legislature
20-37 to manage the priority groundwater management area, a new election
20-38 may not be called for three years from the date of the last
20-39 election.]
20-40 SECTION 2.37. Section 36.001, Water Code, is amended by
20-41 amending Subdivision (13) and adding Subdivisions (18) through (22)
20-42 to read as follows:
20-43 (13) "Management area" means an area designated and
20-44 delineated by the Texas Water Development Board [commission] under
20-45 Chapter 35 as an area suitable for management of groundwater
20-46 resources.
20-47 (18) "River basin" means a river or coastal basin as
20-48 designated as a river basin by the board under Section 16.051. The
20-49 term does not include waters of the bays or arms of the Gulf of
20-50 Mexico.
20-51 (19) "Agriculture" means any of the following
20-52 activities:
20-53 (A) cultivating the soil to produce crops for
20-54 human food, animal feed, or planting seed or for the production of
20-55 fibers;
20-56 (B) the practice of floriculture, viticulture,
20-57 silviculture, and horticulture, including the cultivation of plants
20-58 in containers or nonsoil media, by a nursery grower;
20-59 (C) raising, feeding, or keeping animals for the
20-60 production of food or fiber, leather, pelts, or other tangible
20-61 products having a commercial value;
20-62 (D) wildlife management; and
20-63 (E) planting cover crops, including cover crops
20-64 cultivated for transplantation, or leaving land idle for the
20-65 purpose of participating in any governmental program or normal crop
20-66 or livestock rotation procedure.
20-67 (20) "Agricultural use" means any use or activity
20-68 involving agriculture, including irrigation.
20-69 (21) "Conjunctive use" means the combined use of
21-1 groundwater and surface water sources that optimizes the beneficial
21-2 characteristics of each source.
21-3 (22) "Nursery grower" means a person who grows more
21-4 than 50 percent of the products that the person either sells or
21-5 leases, regardless of the variety sold, leased, or grown. For the
21-6 purpose of this definition, "grow" means the actual cultivation or
21-7 propagation of the product beyond the mere holding or maintaining
21-8 of the item prior to sale or lease and typically includes
21-9 activities associated with the production or multiplying of stock
21-10 such as the development of new plants from cuttings, grafts, plugs,
21-11 or seedlings.
21-12 SECTION 2.38. Section 36.002, Water Code, is amended to read
21-13 as follows:
21-14 Sec. 36.002. OWNERSHIP OF GROUNDWATER. The ownership and
21-15 rights of the owners of the land and their lessees and assigns in
21-16 groundwater are hereby recognized, and nothing in this code shall
21-17 be construed as depriving or divesting the owners or their lessees
21-18 and assigns of the ownership or rights, except as such rights may
21-19 be limited or altered by [subject to] rules promulgated by a
21-20 district.
21-21 SECTION 2.39. Subsection (b), Section 36.011, Water Code, is
21-22 amended to read as follows:
21-23 (b) The commission has exclusive jurisdiction over the
21-24 [delineation of management areas and the] creation of districts.
21-25 SECTION 2.40. Section 36.012, Water Code, is amended by
21-26 adding Subsection (f) to read as follows:
21-27 (f) This section does not apply to districts created under
21-28 Section 36.0151.
21-29 SECTION 2.41. Section 36.013, Water Code, is amended to read
21-30 as follows:
21-31 Sec. 36.013. PETITION TO CREATE DISTRICT. (a) A petition
21-32 requesting creation of a district must be filed with the commission
21-33 [executive director] for review and certification under Section
21-34 36.015 [submission to the commission].
21-35 (b) The petition filed pursuant to this section must be
21-36 signed by:
21-37 (1) a majority of the landowners within the proposed
21-38 district, as indicated by the county tax rolls; or
21-39 (2) if there are more than 50 landowners in the
21-40 proposed district, at least 50 of those landowners.
21-41 (c) The petition must include:
21-42 (1) the name of the proposed district;
21-43 (2) the area and boundaries of the proposed district,
21-44 including a map generally outlining the boundaries of the proposed
21-45 district;
21-46 (3) the purpose or purposes of the district;
21-47 (4) a statement of the general nature of any projects
21-48 proposed to be undertaken by the district, the necessity and
21-49 feasibility of the work, and the estimated costs of those projects
21-50 according to the persons filing the projects if the projects are to
21-51 be funded by the sale of bonds or notes; [and]
21-52 (5) the names of at least five individuals qualified
21-53 to serve as temporary directors; and
21-54 (6) financial information, including the projected
21-55 maintenance tax or production fee rate and a proposed budget of
21-56 revenues and expenses for the district [any additional terms or
21-57 conditions that restrict the powers of the district from those
21-58 provided in this chapter].
21-59 [(d) If a part of the proposed district is not included
21-60 within either a management area or a priority groundwater
21-61 management area, the petition to create a district may also contain
21-62 a request to create a management area. A request to create a
21-63 management area must comply with the requirements for a petition in
21-64 Section 35.005, and may be acted on by the commission separately
21-65 from the petition to create the district.]
21-66 SECTION 2.42. Section 36.014, Water Code, is amended to read
21-67 as follows:
21-68 Sec. 36.014. NOTICE AND PUBLIC MEETING [HEARING] ON DISTRICT
21-69 CREATION. (a) If a petition is filed under Section 36.013, the
22-1 commission shall give notice of an application as required by
22-2 Section 49.011(a) and shall [may] conduct a public meeting in a
22-3 central location within the area of the proposed district [hearing]
22-4 on the application not later than the 60th day after the date the
22-5 commission issues notice [if the commission determines that a
22-6 hearing is necessary] under Section 49.011(a).
22-7 (b) At the public meeting, the commission shall receive
22-8 comments from interested persons [If the petition contains a
22-9 request to create a management area in all or part of the proposed
22-10 district, the notice must also be given in accordance with the
22-11 requirements in Section 35.006 for the designation of management
22-12 areas].
22-13 SECTION 2.43. Section 36.015, Water Code, is amended to read
22-14 as follows:
22-15 Sec. 36.015. COMMISSION CERTIFICATION AND ORDER. (a) Not
22-16 later than the 90th day after the date the commission holds a
22-17 public meeting on a petition under Section 36.014, the commission
22-18 shall certify the petition if the petition is administratively
22-19 complete. A petition is administratively complete if it complies
22-20 with the requirements of Sections 36.013(b) and (c).
22-21 (b) The commission may not certify a petition if the
22-22 commission finds that the proposed district cannot be adequately
22-23 funded to carry out its purposes based on the financial information
22-24 provided in the petition under Section 36.013(c)(6) or that the
22-25 boundaries of the proposed district do not provide for the proper
22-26 regulation of the groundwater resources. The commission shall give
22-27 preference to boundary lines that are coterminous with those of a
22-28 groundwater management area but may also consider boundaries along
22-29 existing political subdivision boundaries if such boundaries would
22-30 facilitate district creation and confirmation.
22-31 (c) If a petition proposes the creation of a district in an
22-32 area, in whole or in part, that has not been designated as a
22-33 management area, the commission shall provide notice to the Texas
22-34 Water Development Board. On the receipt of notice from the
22-35 commission, the Texas Water Development Board shall initiate the
22-36 process of designating a management area for the area of the
22-37 proposed district not included in a management area. The
22-38 commission may not certify the petition until the Texas Water
22-39 Development Board has adopted a rule whereby the boundaries of the
22-40 proposed district are coterminous with or inside the boundaries of
22-41 a management area.
22-42 (d) If the commission does not certify the petition, the
22-43 commission shall provide to the petitioners, in writing, the
22-44 reasons for not certifying the petition. The petitioners may
22-45 resubmit the petition, without paying an additional fee, if the
22-46 petition is resubmitted within 90 days after the date the
22-47 commission sends the notice required by this subsection.
22-48 (e) If the commission certifies the petition as
22-49 administratively complete, the commission shall issue an order,
22-50 notify the petitioners, and appoint temporary directors as provided
22-51 by Section 36.016.
22-52 (f) Refusal by the commission to certify a petition to
22-53 create a district does not invalidate or affect the designation of
22-54 any management area. [FINDINGS. (a) If the commission finds that
22-55 a district is feasible and practicable, that it would be a benefit
22-56 to the land in the district, and that it would be a public benefit
22-57 or utility, the commission shall issue an order containing these
22-58 findings granting the petition.]
22-59 [(b) If the commission finds that a district is not feasible
22-60 and practicable, that it would not be a benefit to the land in the
22-61 district, that it would not be a public benefit or utility, or that
22-62 it is not needed, the commission by order shall deny the petition.]
22-63 [(c) The commission may adjust the boundaries of the
22-64 proposed district to exclude any land that would not be benefited
22-65 by inclusion in the district and is not necessary to the district
22-66 for proper regulation of the groundwater reservoir.]
22-67 [(d) If the commission grants the petition to create the
22-68 district, it shall direct in its order creating the district that
22-69 an election be called by the temporary directors to confirm the
23-1 creation of the district and to elect permanent directors.]
23-2 [(e) The refusal to grant a petition to create a district
23-3 does not invalidate or affect the designation of any management
23-4 area requested in the same petition.]
23-5 [(f) The commission shall act on the petition within a
23-6 reasonable amount of time.]
23-7 SECTION 2.44. Subsection (a), Section 36.0151, Water Code,
23-8 is amended to read as follows:
23-9 (a) If the commission is required to create [proposes that]
23-10 a district [be created] under Section 35.012(b) [35.012(d)], it
23-11 shall, without an evidentiary hearing, issue an order creating the
23-12 district and shall provide in its order [creating the district
23-13 provide] that temporary directors be appointed under Section 36.016
23-14 and that an election be called by the temporary directors to
23-15 authorize the district to assess taxes [confirm the creation of the
23-16 district] and to elect permanent directors.
23-17 SECTION 2.45. Subsection (a), Section 36.016, Water Code, is
23-18 amended to read as follows:
23-19 (a) If the commission certifies [grants] a petition to
23-20 create a district under Section 36.015, the commission shall
23-21 appoint the temporary directors named in the petition. If [or
23-22 after] the commission dissolves a district's board under Section
23-23 36.303, it shall appoint five temporary directors.
23-24 SECTION 2.46. Section 36.017, Water Code, is amended by
23-25 amending the section heading and Subsections (a) and (d) and adding
23-26 Subsection (i) to read as follows:
23-27 Sec. 36.017. CONFIRMATION AND DIRECTORS' ELECTION FOR
23-28 DISTRICT IN A MANAGEMENT AREA. (a) For a district created under
23-29 Section 36.015, not [Not] later than the 120th [60th] day after the
23-30 date all temporary directors have been appointed and have
23-31 qualified, the temporary directors shall meet and order an election
23-32 to be held within the boundaries of the proposed district to
23-33 approve the creation of the district and to elect permanent
23-34 directors.
23-35 (d) The ballot for the election must be printed to provide
23-36 for voting for or against the proposition: "The creation of the
23-37 _________________ Groundwater Conservation District." If the
23-38 district levies a maintenance tax for payment of its expenses, then
23-39 an additional [the] proposition shall be included with [include]
23-40 the following language: "The [and the] levy of a maintenance tax
23-41 at a rate not to exceed ______ cents for each $100 of assessed
23-42 valuation."
23-43 (i) If a majority of the votes cast at the election are
23-44 against the levy of a maintenance tax, the district shall set
23-45 production fees to pay for the district's regulation of groundwater
23-46 in the district, including fees based on the amount of water to be
23-47 withdrawn from a well.
23-48 SECTION 2.47. Subchapter B, Chapter 36, Water Code, is
23-49 amended by adding Section 36.0171 to read as follows:
23-50 Sec. 36.0171. TAX AUTHORITY AND DIRECTORS' ELECTION FOR
23-51 DISTRICT IN A PRIORITY GROUNDWATER MANAGEMENT AREA. (a) For a
23-52 district created under Section 36.0151, not later than the 120th
23-53 day after the date all temporary directors have been appointed and
23-54 have qualified, the temporary directors shall meet and order an
23-55 election to be held within the boundaries of the proposed district
23-56 to authorize the district to assess taxes and to elect permanent
23-57 directors.
23-58 (b) In the order calling the election, the temporary
23-59 directors shall designate election precincts and polling places for
23-60 the election. In designating the polling places, the temporary
23-61 directors shall consider the needs of all voters for conveniently
23-62 located polling places.
23-63 (c) The temporary directors shall publish notice of the
23-64 election at least once in at least one newspaper with general
23-65 circulation within the boundaries of the proposed district. The
23-66 notice must be published before the 30th day preceding the date of
23-67 the election.
23-68 (d) The ballot for the election must be printed to provide
23-69 for voting for or against the proposition: "The levy of a
24-1 maintenance tax by the ___________________ Groundwater Conservation
24-2 District at a rate not to exceed ______ cents for each $100 of
24-3 assessed valuation."
24-4 (e) Immediately after the election, the presiding judge of
24-5 each polling place shall deliver the returns of the election to the
24-6 temporary board, and the board shall canvass the returns and
24-7 declare the result. The board shall file a copy of the election
24-8 result with the commission.
24-9 (f) If a majority of the votes cast at the election favor
24-10 the levy of a maintenance tax, the temporary board shall declare
24-11 the levy approved and shall enter the result in its minutes.
24-12 (g) If a majority of the votes cast at the election are
24-13 against the levy of a maintenance tax, the temporary board shall
24-14 declare the levy defeated and shall enter the result in its
24-15 minutes.
24-16 (h) If the majority of the votes cast at the election are
24-17 against the levy of a maintenance tax, the district shall set
24-18 permit fees to pay for the district's regulation of groundwater in
24-19 the district, including fees based on the amount of water to be
24-20 withdrawn from a well.
24-21 SECTION 2.48. Section 36.019, Water Code, is amended to read
24-22 as follows:
24-23 Sec. 36.019. CONFIRMATION ELECTION IN DISTRICT INCLUDING
24-24 LAND IN MORE THAN ONE COUNTY. (a) A district, the major portion
24-25 of which is located in one county, may not be organized to include
24-26 land in another county unless the election held in the other county
24-27 to confirm and ratify the creation of the district is approved by a
24-28 majority of the voters of the other county voting in an election
24-29 called for that purpose.
24-30 (b) This section does not apply to districts created under
24-31 Section 36.0151.
24-32 SECTION 2.49. Subsection (g), Section 36.066, Water Code, is
24-33 amended to read as follows:
24-34 (g) If the district prevails in any suit other than a suit
24-35 in which it voluntarily intervenes, the district may seek and the
24-36 court shall grant [it may], in the same action, recovery [recover
24-37 reasonable fees] for attorney's fees [attorneys], costs for expert
24-38 witnesses, and other costs incurred by the district before the
24-39 court. The amount of the attorney's fees shall be fixed by the
24-40 court.
24-41 SECTION 2.50. Subsection (a), Section 36.101, Water Code, is
24-42 amended to read as follows:
24-43 (a) A district may make and enforce rules, including rules
24-44 limiting groundwater production based on tract size or the spacing
24-45 of wells, to provide for conserving, preserving, protecting, and
24-46 recharging of the groundwater or of a groundwater reservoir or its
24-47 subdivisions in order to control subsidence, prevent degradation of
24-48 water quality, or prevent waste of groundwater and to carry out the
24-49 powers and duties provided by this chapter.
24-50 SECTION 2.51. Subsections (b) and (d), Section 36.102, Water
24-51 Code, are amended to read as follows:
24-52 (b) The board by rule may set reasonable civil penalties for
24-53 breach of any rule of the district [that shall] not to exceed
24-54 $10,000 per day per violation, and each day of a continuing
24-55 violation constitutes a separate violation [the jurisdiction of a
24-56 justice court as provided by Section 27.031, Government Code].
24-57 (d) If the district prevails in any suit to enforce its
24-58 rules, the district may seek and the court shall grant [it may], in
24-59 the same action, recovery [recover reasonable fees] for attorney's
24-60 fees [attorneys], costs for expert witnesses, and other costs
24-61 incurred by the district before the court. The amount of the
24-62 attorney's fees shall be fixed by the court.
24-63 SECTION 2.52. Section 36.1071, Water Code, is amended by
24-64 amending Subsections (a), (b), and (e) and adding Subsection (h) to
24-65 read as follows:
24-66 (a) Following notice and hearing, the district shall, in
24-67 coordination with surface water management entities on a regional
24-68 basis, develop a comprehensive management plan which addresses the
24-69 following management goals, as applicable:
25-1 (1) providing the most efficient use of groundwater;
25-2 (2) controlling and preventing waste of groundwater;
25-3 (3) controlling and preventing subsidence;
25-4 (4) addressing conjunctive surface water management
25-5 issues; [and]
25-6 (5) addressing natural resource issues;
25-7 (6) addressing drought conditions; and
25-8 (7) addressing conservation.
25-9 (b) After January 5, 2002, a [A] district management plan,
25-10 or any amendments to a district management plan, shall be developed
25-11 by the district using the district's best available data and
25-12 forwarded to the regional water planning group for consideration in
25-13 their planning process [adopted after the Texas Water Development
25-14 Board approval of a regional water plan for the region in which the
25-15 district is located shall be consistent with the regional water
25-16 plan].
25-17 (e) In the management plan described under Subsection (a),
25-18 the district shall:
25-19 (1) identify the performance standards and management
25-20 objectives under which the district will operate to achieve the
25-21 management goals identified under Subsection (a);
25-22 (2) establish a groundwater management standard
25-23 describing the desired condition of the groundwater source as
25-24 indicated by indices of quantity of water in the source, quality of
25-25 water produced from the source, springflows, or subsidence of the
25-26 land surface, and the groundwater management standard shall
25-27 describe this condition for various time periods;
25-28 (3) specify, in as much detail as possible, the
25-29 actions, procedures, performance, and avoidance that are or may be
25-30 necessary to effect the plan, including specifications and proposed
25-31 rules;
25-32 (4) [(3)] include estimates of the following:
25-33 (A) the existing total usable amount of
25-34 groundwater in the district;
25-35 (B) the amount of groundwater being used within
25-36 the district on an annual basis;
25-37 (C) the annual amount of recharge, if any, to
25-38 the groundwater resources within the district and how natural or
25-39 artificial recharge may be increased; [and]
25-40 (D) the projected surface water supply and
25-41 demand for water within the district; and
25-42 (E) the groundwater withdrawal rates based on
25-43 groundwater management standards adopted under Subdivision (2)
25-44 using groundwater availability modeling information as provided by
25-45 the executive administrator in conjunction with any available
25-46 site-specific information provided by the district and acceptable
25-47 to the executive administrator; and
25-48 (5) [(4)] address water supply needs in a manner that
25-49 is not in conflict with the appropriate approved regional water
25-50 plan if a regional water plan has been approved under Section
25-51 16.053.
25-52 (h) In developing its management plan and groundwater
25-53 management standards, the district shall use the groundwater
25-54 availability modeling information provided by the executive
25-55 administrator in conjunction with any available site-specific
25-56 information provided by the district and acceptable to the
25-57 executive administrator.
25-58 SECTION 2.53. Section 36.1072, Water Code, is amended by
25-59 adding Subsection (g) to read as follows:
25-60 (g) In this subsection, "board" means the Texas Water
25-61 Development Board. A person with a legally defined interest in
25-62 groundwater in a district or the regional water planning group may
25-63 file a petition with the board stating that a conflict requiring
25-64 resolution may exist between the district's certified groundwater
25-65 conservation district management plan developed under Section
25-66 36.1071 and the state water plan. If a conflict exists, the board
25-67 shall facilitate coordination between the involved person or
25-68 regional water planning group and the district to resolve the
25-69 conflict. If conflict remains, the board shall resolve the
26-1 conflict. The board action under this provision may be
26-2 consolidated, at the option of the board, with related action under
26-3 Section 16.053(p). If the board determines that resolution of the
26-4 conflict requires a revision of the certified groundwater
26-5 conservation district management plan, the board shall suspend the
26-6 certification of the plan and provide information to the district.
26-7 The district shall prepare any revisions to the plan specified by
26-8 the board and shall hold, after notice, at least one public hearing
26-9 at some central location within the district. The district shall
26-10 consider all public and board comments; prepare, revise, and adopt
26-11 its plan; and submit the revised plan to the board for
26-12 certification. On the request of the district or the regional
26-13 water planning group, the board shall include discussion of the
26-14 conflict and its resolution in the state water plan that the board
26-15 provides to the governor, the lieutenant governor, and the speaker
26-16 of the house of representatives under Section 16.051(e).
26-17 SECTION 2.54. Section 36.108, Water Code, is amended to read
26-18 as follows:
26-19 Sec. 36.108. JOINT PLANNING IN MANAGEMENT AREA. (a) If two
26-20 or more districts are located within the boundaries of the same
26-21 management area, each district shall prepare a comprehensive
26-22 management plan as required by Section 36.1071 covering that
26-23 district's respective territory. On completion and certification
26-24 of the plan as required by Section 36.1072, each district shall
26-25 forward a copy of the new or revised management plan to the other
26-26 districts in the management area. The boards of the districts
26-27 shall consider the plans individually and shall compare them to
26-28 other management plans then in force in the management area.
26-29 (b) The board of directors of each district in the
26-30 management area may, by resolution, call for [a] joint planning
26-31 [meeting] with [the boards of directors of] the other districts in
26-32 the management area to review the management plans and
26-33 accomplishments for the management area. [The boards shall meet to
26-34 consider the plans individually and shall compare them to other
26-35 management plans then in force in the management area.] In
26-36 reviewing the management plans, the boards shall consider:
26-37 (1) the goals of each management plan and its impact
26-38 on planning throughout the management area;
26-39 (2) the groundwater management standards of each
26-40 district describing the desired condition of the groundwater source
26-41 over time as indicated by indices of quantity of water in the
26-42 source, quality of water produced from the source, springflows, or
26-43 subsidence of the land surface;
26-44 (3) the groundwater withdrawal rates adopted by each
26-45 district and its effectiveness in achieving the groundwater
26-46 management standard of the district;
26-47 (4) the effectiveness of the measures established by
26-48 each management plan for conserving and protecting groundwater and
26-49 preventing waste, and the effectiveness of these measures in the
26-50 management area generally; and
26-51 (5) [(3)] any other matters that the boards consider
26-52 relevant to the protection and conservation of groundwater and the
26-53 prevention of waste in the management area.
26-54 (c) Each district participating in the joint planning
26-55 process initiated under Subsection (b) shall ensure that the
26-56 groundwater management standards adopted by the district are
26-57 adequate to protect the groundwater in the management area and are
26-58 not incompatible with the groundwater management standards adopted
26-59 by the other districts in the management area.
26-60 (d) If a [A] joint meeting of the boards of directors is
26-61 called, the meeting must be held in accordance with [the Open
26-62 Meetings Act,] Chapter 551, Government Code. Notice of the meeting
26-63 shall be given in accordance with the requirements for notice of
26-64 district board of directors meetings under that Act. In addition,
26-65 notice of the meeting shall be published not later than the 30th
26-66 day before the date of the scheduled meeting in a newspaper with
26-67 general circulation in each county in the management area.
26-68 (e) [(d)] A district in the management area may file with
26-69 good cause a petition with the commission requesting an inquiry if
27-1 the petitioner district adopted a resolution calling for joint
27-2 planning, and the other district or districts either refused to
27-3 join in the planning process or failed to adopt an adequate
27-4 management standard or the process failed to result in adequate
27-5 planning, and the petition provides evidence [believes] that:
27-6 (1) another district in the management area has failed
27-7 to adopt rules;
27-8 (2) the groundwater in the management area is not
27-9 adequately protected by the rules adopted by another district; [or]
27-10 (3) the groundwater in the management area is not
27-11 adequately protected due to the failure of another district to
27-12 enforce substantial compliance with its rules; or
27-13 (4) another district in the management area has failed
27-14 to adopt groundwater management standards that are adequate to
27-15 protect the groundwater in the management area.
27-16 (f) [(e)] Not later than the 90th day after the date the
27-17 petition is filed, the commission shall review the petition and
27-18 either:
27-19 (1) dismiss it if it finds that the evidence is not
27-20 adequate to show that any of the conditions alleged in the petition
27-21 exist; or
27-22 (2) select a review panel as provided in Subsection
27-23 (g) [(f)].
27-24 (g) [(f)] If the petition is not dismissed under Subsection
27-25 (f), the [The] commission shall [may] appoint a review panel
27-26 consisting of a chairman and four other members. A director or
27-27 general manager of a district located outside the management area
27-28 that is the subject of the petition may be appointed to the review
27-29 panel. The commission may not appoint more than two members of the
27-30 review panel from any one district. The commission also shall
27-31 appoint a disinterested person to serve as a nonvoting recording
27-32 secretary for the review panel. The recording secretary may be an
27-33 employee of the commission. The recording secretary shall record
27-34 and document the proceedings of the panel.
27-35 (h) [(g)] Not later than the 120th day after appointment,
27-36 the review panel shall review the petition and any evidence
27-37 relevant to the petition and, in a public meeting, consider and
27-38 adopt [prepare] a report to be submitted to the commission. The
27-39 commission may direct the review panel to conduct public hearings
27-40 at a location in the management area to take evidence on the
27-41 petition. The review panel may attempt to negotiate a settlement
27-42 or resolve the dispute by any lawful means.
27-43 (i) [(h)] In its report, the review panel shall include:
27-44 (1) a summary of all evidence taken in any hearing on
27-45 the petition;
27-46 (2) a list of findings and recommended actions
27-47 appropriate for the commission to take and the reasons it finds
27-48 those actions appropriate; and
27-49 (3) any other information the panel considers
27-50 appropriate.
27-51 (j) The review panel shall submit its report to the
27-52 commission.
27-53 (k) Districts located within the same management areas or in
27-54 adjacent management areas may contract to jointly conduct studies
27-55 or research, or to construct projects, under terms and conditions
27-56 that the districts consider beneficial. Such joint efforts may
27-57 include studies of groundwater availability and quality, aquifer
27-58 modeling, and the interaction of groundwater and surface water;
27-59 educational programs; the purchase and sharing of equipment; and
27-60 the implementation of projects to make groundwater available,
27-61 including aquifer recharge, brush control, weather modification,
27-62 desalination, regionalization, and treatment or conveyance
27-63 facilities. The districts may contract under their existing
27-64 authorizations including those of Chapter 791, Government Code,
27-65 provided, however, that their contracting authority is not limited
27-66 by Sections 791.011(c)(2) and 791.011(d)(3) and Section 791.014,
27-67 Government Code.
27-68 SECTION 2.55. Subsection (d), Section 36.113, Water Code, is
27-69 amended to read as follows:
28-1 (d) Before granting or denying a permit, the district shall
28-2 consider whether:
28-3 (1) the application conforms to the requirements
28-4 prescribed by this chapter and is accompanied by the prescribed
28-5 fees;
28-6 (2) the proposed use of water unreasonably affects
28-7 existing groundwater and surface water resources or existing permit
28-8 holders;
28-9 (3) the proposed use of water is dedicated to any
28-10 beneficial use;
28-11 (4) the proposed use of water is consistent with the
28-12 district's certified water management plan;
28-13 (5) the applicant has agreed to avoid waste and
28-14 achieve water conservation; and
28-15 (6) the applicant has agreed that reasonable diligence
28-16 will be used to protect groundwater quality and that the applicant
28-17 will follow well plugging guidelines at the time of well closure.
28-18 SECTION 2.56. Section 36.116, Water Code, is amended to read
28-19 as follows:
28-20 Sec. 36.116. REGULATION OF SPACING AND PRODUCTION. In order
28-21 to minimize as far as practicable the drawdown of the water table
28-22 or the reduction of artesian pressure, to control subsidence, to
28-23 prevent interference between wells, to prevent degradation of water
28-24 quality, or to prevent waste, a district by rule may regulate:
28-25 (1) [provide for] the spacing of water wells by:
28-26 (A) requiring all water wells to be spaced a
28-27 certain distance from property lines or adjoining wells;
28-28 (B) requiring wells with a certain production
28-29 capacity, pump size, or other characteristic related to the
28-30 construction or operation of a well to be spaced a certain distance
28-31 from property lines or adjoining wells; or
28-32 (C) imposing spacing requirements adopted by the
28-33 board; and
28-34 (2) the production of groundwater by:
28-35 (A) limiting total annual production;
28-36 (B) limiting the amount of water produced based
28-37 on acreage or tract size;
28-38 (C) limiting the amount of water that may be
28-39 produced from a maximum number of acres assigned by the district to
28-40 an authorized well site;
28-41 (D) limiting the maximum amount of water that
28-42 may be produced from a number of acres assigned by a district on
28-43 the basis of acre-feet per acre or gallons per minute per acre for
28-44 an authorized well site; or
28-45 (E) setting other production limits adopted by
28-46 the district [and may regulate the production of wells].
28-47 SECTION 2.57. Section 36.117, Water Code, is amended to read
28-48 as follows:
28-49 Sec. 36.117. EXEMPTIONS; EXCEPTION; LIMITATIONS. (a) A
28-50 district may exempt wells from the requirement of obtaining
28-51 [requirements to obtain] a drilling permit, an operating permit, or
28-52 any other permit required by this chapter or the district's rules.
28-53 (b) A district may not require any [a] permit issued by the
28-54 district [for]:
28-55 (1) for [drilling or producing from] a well used
28-56 solely for domestic use or for providing water for livestock or
28-57 poultry on a tract of land larger than 10 acres that is either
28-58 drilled, completed, or equipped so that it is incapable of
28-59 producing more than 25,000 gallons of groundwater a day;
28-60 (2) for the drilling of a water well used solely to
28-61 supply water for a rig that is actively engaged in drilling or
28-62 exploration operations for an oil or gas well permitted by the
28-63 Railroad Commission of Texas provided that the person holding the
28-64 permit is responsible for drilling and operating the water well and
28-65 the well is located on the same lease or field associated with the
28-66 drilling rig; or [alteration of the size of a well or to restrict
28-67 the production of a well if the water produced or to be produced
28-68 from the well is used or to be used to supply the domestic needs of
28-69 10 or fewer households and a person who is a member of each
29-1 household is either the owner of the well, a person related to the
29-2 owner or a member of the owner's household within the second degree
29-3 by consanguinity, or an employee of the owner;]
29-4 (3) for the drilling of a water well authorized under
29-5 a permit issued by the Railroad Commission of Texas under Chapter
29-6 134, Natural Resources Code, or for production from any such well
29-7 to the extent the withdrawals are required for mining activities
29-8 regardless of any subsequent use of the water. [or alteration of
29-9 the size of a well or to restrict the production from the well if
29-10 the water produced or to be produced from the well is used or to be
29-11 used to provide water for feeding livestock and poultry connected
29-12 with farming, ranching, or dairy enterprises; or]
29-13 [(4) water wells to supply water for hydrocarbon
29-14 production activities, regardless of whether those wells are
29-15 producing, that are associated with any well permitted by the
29-16 Railroad Commission of Texas drilled before September 1, 1985.]
29-17 [(b) The board shall adopt rules determining the
29-18 applicability of Subsection (a)(3) to facilities used primarily for
29-19 feeding livestock.]
29-20 (c) [The district shall not deny the owner of a tract of
29-21 land, or his lessee, who has no well equipped to produce more than
29-22 25,000 gallons a day on the tract, either a permit to drill a well
29-23 on his land or the privilege to produce groundwater from his land,
29-24 subject to the rules of the district.]
29-25 [(d)] A district may not restrict the production of any well
29-26 that is exempt from permitting under Subsection (b)(1) [equipped to
29-27 produce 25,000 gallons or less a day].
29-28 (d) Notwithstanding Subsection (b), a district may require a
29-29 well to be permitted by the district and to comply with all
29-30 district rules if:
29-31 (1) the purpose of a well exempted under Subsection
29-32 (b)(2) is no longer solely to supply water for a rig that is
29-33 actively engaged in drilling or exploration operations for an oil
29-34 or gas well permitted by the Railroad Commission of Texas; or
29-35 (2) the withdrawals from a well exempted under
29-36 Subsection (b)(3) are no longer necessary for mining activities or
29-37 are greater than the amount necessary for mining activities
29-38 specified in the permit issued by the Railroad Commission of Texas
29-39 under Chapter 134, Natural Resources Code.
29-40 (e) An entity holding a permit issued by the Railroad
29-41 Commission of Texas under Chapter 134, Natural Resources Code, that
29-42 authorizes the drilling of a water well shall report monthly to the
29-43 district:
29-44 (1) the total amount of water withdrawn during the
29-45 month;
29-46 (2) the quantity of water necessary for mining
29-47 activities; and
29-48 (3) the quantity of water withdrawn for other
29-49 purposes. [Nothing in this chapter applies to wells drilled for
29-50 oil, gas, sulphur, uranium, or brine, or for core tests, or for
29-51 injection of gas, saltwater, or other fluid, or for any other
29-52 purpose, under permits issued by the Railroad Commission of Texas.
29-53 A district may not require a drilling permit for a well to supply
29-54 water for drilling any wells permitted by the Railroad Commission
29-55 of Texas. Any well that ceases to be used for these purposes and
29-56 is then used as an ordinary water well is subject to the rules of
29-57 the district. Water wells drilled after September 1, 1997, to
29-58 supply water for hydrocarbon production activities must meet the
29-59 spacing requirements of the district unless no space is available
29-60 within 300 feet of the production well or the central injection
29-61 station.]
29-62 (f) Notwithstanding Subsection (d), a district may not
29-63 require a well exempted under Subsection (b)(3) to comply with the
29-64 spacing requirements of the district. [Water wells exempted under
29-65 this section shall be equipped and maintained so as to conform to
29-66 the district's rules requiring installation of casing, pipe, and
29-67 fittings to prevent the escape of groundwater from a groundwater
29-68 reservoir to any reservoir not containing groundwater and to
29-69 prevent the pollution or harmful alteration of the character of the
30-1 water in any groundwater reservoir.]
30-2 (g) A district shall not deny an application for a permit to
30-3 drill and produce water for hydrocarbon production activities if
30-4 the application meets the spacing, density, and production rules
30-5 applicable to all permitted water wells in the district.
30-6 (h) A [require] water well [wells] exempted under Subsection
30-7 (a) or (b) shall:
30-8 (1) [this section to] be registered in accordance with
30-9 rules promulgated by the district; and
30-10 (2) [before drilling. All exempt water wells shall]
30-11 be equipped and maintained so as to conform to the district's rules
30-12 requiring installation of casing, pipe, and fittings to prevent the
30-13 escape of groundwater from a groundwater reservoir to any reservoir
30-14 not containing groundwater and to prevent the pollution or harmful
30-15 alteration of the character of the water in any groundwater
30-16 reservoir.
30-17 (i) The driller of a well exempted under Subsection (a) or
30-18 (b) shall file the drilling log with the district.
30-19 (j) [(h)] A well to supply water for a subdivision of land
30-20 for which a plat approval is required by Chapter 232, Local
30-21 Government Code, [law] is not exempted under Subsection (b) [this
30-22 section].
30-23 (k) Groundwater withdrawn from a well exempt from permitting
30-24 or regulation under this section and subsequently transported
30-25 outside the boundaries of the district shall be subject to any
30-26 applicable production and export fees under Sections 36.122 and
30-27 36.205.
30-28 (l) This section applies to water wells, including water
30-29 wells used to supply water for activities related to the
30-30 exploration or production of hydrocarbons or minerals. This
30-31 section does not apply to production or injection wells drilled for
30-32 oil, gas, sulphur, uranium, or brine, or for core tests, or for
30-33 injection of gas, saltwater, or other fluids, under permits issued
30-34 by the Railroad Commission of Texas.
30-35 SECTION 2.58. Section 36.122, Water Code, is amended to read
30-36 as follows:
30-37 Sec. 36.122. TRANSFER OF GROUNDWATER OUT OF DISTRICT.
30-38 (a) If a permit or an amendment to a permit under Section 36.113
30-39 proposes to transfer groundwater outside of a district's
30-40 boundaries, the district may also consider the provisions of this
30-41 section in determining whether to grant or deny the permit.
30-42 (b) A district may promulgate rules requiring a person to
30-43 obtain a permit or an amendment to a permit under Section 36.113
30-44 from the district for the transfer of groundwater out of the
30-45 district to:
30-46 (1) increase, on or after March 2, 1997, the amount of
30-47 groundwater to be transferred under a continuing arrangement in
30-48 effect before that date; or
30-49 (2) transfer groundwater out of the district on or
30-50 after March 2, 1997, under a new arrangement.
30-51 (c) The district may not impose more restrictive permit
30-52 conditions on transporters than the district imposes on existing
30-53 in-district use unless the restrictions are reasonably necessary to
30-54 protect existing use. Any such limitations must bear a reasonable
30-55 relationship to the existing district management plan and must
30-56 thereafter apply to increased use by historic users or new permit
30-57 applications regardless of type or location of use.
30-58 (d) [(b)] The district may impose a reasonable fee for
30-59 processing an application [for a permit] under this section. The
30-60 fee may not exceed fees that the district imposes for processing
30-61 other applications under Section 36.113. An application filed to
30-62 comply with this section shall be considered and processed under
30-63 the same procedures as other applications for permits under Section
30-64 36.113 and shall be combined with applications filed to obtain a
30-65 permit for in-district water use under Section 36.113 from the same
30-66 applicant.
30-67 (e) The district may impose a reasonable fee or surcharge
30-68 for an export fee not to exceed:
30-69 (1) a fee negotiated between the district and the
31-1 transporter;
31-2 (2) the equivalent of the district's tax rate per
31-3 hundred dollars of valuation for each thousand gallons of water
31-4 transferred out of the district or 2.5 cents per thousand gallons
31-5 of water, if the district assesses a tax rate of less than 2.5
31-6 cents per hundred dollars of valuation; or
31-7 (3) for a fee-based district, an additional 50 percent
31-8 export surcharge, in addition to the district's production fee, for
31-9 water transferred out of the district.
31-10 (f) A district may not impose a fee under Subsection (e) on
31-11 withdrawal of water from land owned prior to March 1, 2001, by a
31-12 political subdivision if the political subdivision pays a tax
31-13 mitigation fee under Section 36.205(g).
31-14 (g) [(c) Before issuing a permit under this section, the
31-15 district must give notice of the application and hold a public
31-16 hearing.]
31-17 [(d)] In reviewing a proposed transfer of groundwater out of
31-18 the district [determining whether to issue a permit under this
31-19 section], the district shall consider:
31-20 (1) the availability of water in the district and in
31-21 the proposed receiving area during the period for which the water
31-22 supply is requested;
31-23 (2) [the availability of feasible and practicable
31-24 alternative supplies to the applicant;]
31-25 [(3) the amount and purposes of use in the proposed
31-26 receiving area for which water is needed;]
31-27 [(4)] the projected effect of the proposed transfer on
31-28 aquifer conditions, depletion, subsidence, or effects on existing
31-29 permit holders or other groundwater users within the district; and
31-30 (3) [(5)] the state [approved regional] water plan and
31-31 certified district management plan.
31-32 (h) [(e)] The district may not deny a permit based on the
31-33 fact that the applicant seeks to transfer groundwater outside of
31-34 the district but may limit a permit issued under this section if
31-35 conditions in Subsection (g) [(d)] warrant the limitation, subject
31-36 to the provisions of Subsection (c).
31-37 (i) [(f)] In addition to conditions provided by Section
31-38 36.1131, the permit shall specify:
31-39 (1) the amount of water that may be transferred out of
31-40 the district; and
31-41 (2) the period for which the water may be transferred.
31-42 (j) The period specified by Subsection (i)(2) shall be:
31-43 (1) five years if construction of a conveyance system
31-44 has not been initiated prior to the issuance of the permit; or
31-45 (2) 30 years if construction of a conveyance system
31-46 has been initiated prior to the issuance of the permit.
31-47 (k) A term of five years under Subsection (j) shall
31-48 automatically be extended to 30 years if construction of a
31-49 conveyance system is begun before the expiration of the initial
31-50 five-year term.
31-51 (l) Notwithstanding the period of time specified in
31-52 Subsections (j) and (k) during which water may be transferred under
31-53 a permit, a district may periodically review the amount of water
31-54 that may be transferred under the permit and may limit the amount
31-55 if conditions considered in Subsection (g) warrant the limitation,
31-56 subject to the provisions of Subsection (c). The review described
31-57 by this subsection may take place not more frequently than the
31-58 period of time provided for the review or renewal of regular
31-59 permits issued by the district. In its determination of whether to
31-60 renew a permit issued under this section, the district shall
31-61 consider relevant and current data for the conservation of
31-62 groundwater resources and shall consider the permit in the same
31-63 manner it would consider any other permit in the district.
31-64 (m) A district is prohibited from using revenues obtained
31-65 under Subsection (e) to prohibit the transfer of groundwater
31-66 outside of a district. A district is not prohibited from using
31-67 revenues obtained under Subsection (e) for paying expenses related
31-68 to enforcement of this chapter or district rules.
31-69 (n) Subsections (b), (e), and (f) apply [(g) A district may
32-1 not prohibit the export of groundwater if the purchase was in
32-2 effect on or before June 1, 1997.]
32-3 [(h) This section applies] only to a transfer of water that
32-4 is initiated or increased after March 1, 2001. Subsection (e) does
32-5 not apply to a district that is collecting an export fee or
32-6 surcharge on March 1, 2001 [the effective date of this section].
32-7 (o) [(i)] A district shall adopt rules as necessary to
32-8 implement this section but shall not adopt rules expressly
32-9 prohibiting the export of groundwater.
32-10 SECTION 2.59. Section 36.205, Water Code, is amended to read
32-11 as follows:
32-12 Sec. 36.205. AUTHORITY TO SET FEES. (a) A district may set
32-13 fees for administrative acts of the district, such as filing
32-14 applications. Fees set by a district may not unreasonably exceed
32-15 the cost to the district of performing the administrative function
32-16 for which the fee is charged.
32-17 (b) A district shall set and collect fees for all services
32-18 provided outside the boundaries of the district. Such fees may not
32-19 unreasonably exceed the cost to the district of providing the
32-20 services outside the district.
32-21 (c) A district may assess production fees based on the
32-22 amount of water authorized by permit to be withdrawn from a well or
32-23 the amount actually withdrawn. A district may assess the fees in
32-24 lieu of, or in conjunction with, any taxes otherwise levied by the
32-25 district. A district may use revenues generated by the fees for
32-26 any lawful purpose. Production fees [Fees based on the amount of
32-27 water to be withdrawn from a well] shall not exceed:
32-28 (1) $1 [one dollar] per acre-foot payable annually
32-29 [acre foot] for water used for agricultural use [the purpose of
32-30 irrigating agricultural crops]; or
32-31 (2) $10 per acre-foot payable annually [17 cents per
32-32 thousand gallons] for water used for any other purpose.
32-33 (d) The Barton Springs-Edwards Aquifer Conservation District
32-34 and the Guadalupe County Underground Water Conservation District
32-35 may not charge production fees for an annual period greater than $1
32-36 per acre-foot for water used for agricultural use or 17 cents per
32-37 thousand gallons for water used for any other purpose. The Barton
32-38 Springs-Edwards Aquifer Conservation District [A district affected
32-39 by Subsection (c)(2) that also] may assess a water use fee against
32-40 a specific municipality in [shall assess] an amount not to exceed
32-41 60 percent of the total funding of the district received from water
32-42 use fees assessed against that municipality and other nonexempt
32-43 users in the district. This subsection shall take precedence over
32-44 all prior enactments.
32-45 (e) Subsection (c) does not apply to the following
32-46 districts:
32-47 (1) the Edwards Aquifer Authority;
32-48 (2) the Fort Bend Subsidence District; [or]
32-49 (3) the Harris-Galveston Coastal Subsidence District;
32-50 (4) the Barton Springs-Edwards Aquifer Conservation
32-51 District; or
32-52 (5) any district that collects a property tax and that
32-53 was created before September 1, 1999, unless otherwise authorized
32-54 by special law.
32-55 (f) A district, including a district described under
32-56 Subsection (d), may assess a production fee under Subsection (c)
32-57 for any water produced pursuant to an exemption under Section
32-58 36.117 if that water is subsequently sold to another person.
32-59 (g) Until groundwater production is initiated, political
32-60 subdivisions that own property that is suitable for groundwater
32-61 development or on which a groundwater well field has been
32-62 constructed shall annually pay the district in which the property
32-63 is located a fee that is equal to the taxes that would be paid to
32-64 the district if the land were not owned by a political subdivision.
32-65 This provision applies only to a political subdivision, other than
32-66 a state agency, that is located outside the district where the
32-67 property is located.
32-68 (h) A district may assess a transportation fee under Section
32-69 36.122.
33-1 SECTION 2.60. Section 36.206, Water Code, is amended by
33-2 amending Subsection (b) and adding Subsection (c) to read as
33-3 follows:
33-4 (b) The rate of fees set for [crop or livestock production
33-5 or other] agricultural uses shall be no more than 20 percent of the
33-6 rate applied to municipal uses.
33-7 (c) District revenues may not be used to purchase, sell, or
33-8 lease groundwater resources.
33-9 SECTION 2.61. Subchapter I, Chapter 36, Water Code, is
33-10 amended by adding Section 36.3011 to read as follows:
33-11 Sec. 36.3011. FAILURE OF A DISTRICT TO CONDUCT JOINT
33-12 PLANNING. (a) If the board of a district within a common
33-13 management area fails to forward a copy of its new or revised
33-14 certified management plan under Section 36.108, the commission
33-15 shall take appropriate action under Section 36.303.
33-16 (b) Within 45 days after receiving the review panel's report
33-17 under Section 36.108, the executive director or the commission
33-18 shall take action to implement any or all of the panel's
33-19 recommendations. If the commission finds that a district in the
33-20 joint planning area has failed to adopt rules, the groundwater in
33-21 the management area is not adequately protected by the rules
33-22 adopted by the district, or the groundwater in the management area
33-23 is not adequately protected because of the district's failure to
33-24 enforce substantial compliance with its rules, the commission may
33-25 take any action it considers necessary in accordance with Section
33-26 36.303.
33-27 SECTION 2.62. Subsection (a), Section 36.303, Water Code, is
33-28 amended to read as follows:
33-29 (a) If Section 36.108, 36.301, or 36.302(f) applies, the
33-30 commission, after notice and hearing in accordance with Chapter
33-31 2001, Government Code, shall take action the commission considers
33-32 appropriate, including:
33-33 (1) issuing an order requiring the district to take
33-34 certain actions or to refrain from taking certain actions;
33-35 (2) dissolving the board in accordance with Sections
33-36 36.305 and 36.307 and calling an election for the purpose of
33-37 electing a new board;
33-38 (3) requesting the attorney general to bring suit for
33-39 the appointment of a receiver to collect the assets and carry on
33-40 the business of the groundwater conservation district [removing the
33-41 district's taxing authority]; or
33-42 (4) dissolving the district in accordance with
33-43 Sections 36.304, 36.305, and 36.308.
33-44 SECTION 2.63. Subchapter I, Chapter 36, Water Code, is
33-45 amended by adding Section 36.3035 to read as follows:
33-46 Sec. 36.3035. APPOINTMENT OF A RECEIVER. (a) If the
33-47 attorney general brings a suit for the appointment of a receiver
33-48 for a district, a district court shall appoint a receiver if an
33-49 appointment is necessary to protect the assets of the district.
33-50 (b) The receiver shall execute a bond in an amount to be set
33-51 by the court to ensure the proper performance of the receiver's
33-52 duties.
33-53 (c) After appointment and execution of bond, the receiver
33-54 shall take possession of the assets of the district specified by
33-55 the court.
33-56 (d) Until discharged by the court, the receiver shall
33-57 perform the duties that the court directs to preserve the assets
33-58 and carry on the business of the district and shall strictly
33-59 observe the final order involved.
33-60 (e) On a showing of good cause by the district, the court
33-61 may dissolve the receivership and order the assets and control of
33-62 the business returned to the district.
33-63 SECTION 2.64. Section 51.149, Water Code, is amended to read
33-64 as follows:
33-65 Sec. 51.149. CONTRACTS. (a) No approvals other than those
33-66 specified in Subsection (c) and in Section 1, Chapter 778, Acts of
33-67 the 74th Legislature, Regular Session, 1995, need be obtained in
33-68 order for a contract between a district and a municipality to be
33-69 valid, binding, and enforceable against all parties to the
34-1 contract. After approval by a majority of the electors voting at
34-2 an election conducted in the manner of a bond election, a district
34-3 may make payments under a contract from taxes for debt that does
34-4 not exceed 30 years.
34-5 (b) [(d)] A contract may provide that the district will make
34-6 payments under the contract from proceeds from the sale of notes or
34-7 bonds, from taxes, from any other income of the district, or from
34-8 any combination of these.
34-9 (c) [(e)] A district may make payments under a contract from
34-10 taxes, other than maintenance taxes, after the provisions of the
34-11 contract have been approved by a majority of the electors voting at
34-12 an election held for that purpose.
34-13 (d) [(f)] Any contract election may be held at the same time
34-14 as and in conjunction with an election to issue bonds, and the
34-15 procedure for calling the election, giving notice, conducting the
34-16 election, and canvassing the returns shall be the same as the
34-17 procedure for a bond election.
34-18 SECTION 2.65. Subsection (a), Section 182.052, Utilities
34-19 Code, is amended to read as follows:
34-20 (a) Except as provided by Section 182.054, a
34-21 government-operated utility may not disclose personal information
34-22 in a customer's account record, or any information relating to the
34-23 volume or units of utility usage or the amounts billed to or
34-24 collected from the individual for utility usage, if the customer
34-25 requests that the government-operated utility keep the information
34-26 confidential.
34-27 ARTICLE 3. DISTRICT RATIFICATIONS
34-28 PART 1. COW CREEK GROUNDWATER CONSERVATION DISTRICT
34-29 SECTION 3.0101. CREATION. (a) A groundwater conservation
34-30 district to be known as the Cow Creek Groundwater Conservation
34-31 District is created in Kendall County, subject to approval at a
34-32 confirmation election under Section 3.0109 of this part. The
34-33 district is a governmental agency and a body politic and corporate.
34-34 (b) The district is created under and is essential to
34-35 accomplish the purposes of Section 59, Article XVI, Texas
34-36 Constitution.
34-37 (c) The district may develop and implement regulatory,
34-38 conservation, and recharge programs that preserve and protect
34-39 groundwater resources located in the district.
34-40 SECTION 3.0102. DEFINITIONS. In this part:
34-41 (1) "District" means the Cow Creek Groundwater
34-42 Conservation District.
34-43 (2) "Retail public utility" means a retail public
34-44 utility as defined by Section 13.002, Water Code, that is providing
34-45 service in the district on September 1, 2001.
34-46 (3) "Well" means any excavation drilled or dug into
34-47 the ground that may intercept or penetrate a water-bearing stratum
34-48 or formation.
34-49 SECTION 3.0103. BOUNDARIES. The boundaries of the district
34-50 are coextensive with the boundaries of Kendall County.
34-51 SECTION 3.0104. FINDING OF BENEFIT. All of the land and
34-52 other property included within the boundaries of the district will
34-53 benefit from the works and projects that are to be accomplished by
34-54 the district under powers conferred by Section 59, Article XVI,
34-55 Texas Constitution. The district is created to serve a public use
34-56 and benefit.
34-57 SECTION 3.0105. POWERS. Except as otherwise provided by
34-58 this part, the district has all of the rights, powers, privileges,
34-59 authority, functions, and duties provided by the general law of the
34-60 state, including Chapter 36, Water Code, applicable to groundwater
34-61 conservation districts created under Section 59, Article XVI, Texas
34-62 Constitution. This part prevails over any provision of general law
34-63 that is in conflict or inconsistent with this part.
34-64 SECTION 3.0106. ELECTION OF DIRECTORS. (a) The directors
34-65 of the district shall be elected according to the commissioners
34-66 precinct method as provided by this part.
34-67 (b) One director shall be elected by the qualified voters of
34-68 the entire district and one director shall be elected from each
34-69 county commissioners precinct by the qualified voters of that
35-1 precinct.
35-2 (c) A person shall indicate on the application for a place
35-3 on the ballot the precinct that the person seeks to represent or
35-4 that the person seeks to represent the district at large.
35-5 SECTION 3.0107. BOARD OF DIRECTORS. (a) The district is
35-6 governed by a board of five directors.
35-7 (b) A vacancy in the office of director shall be filled by
35-8 appointment of the board until the next election for directors. At
35-9 the next election for directors, a person shall be elected to fill
35-10 the position. If the position is not scheduled to be filled at the
35-11 election, the person elected to fill the position shall serve only
35-12 for the remainder of the unexpired term.
35-13 (c) To be eligible to serve as director from a county
35-14 commissioners precinct, a person must be a registered voter in the
35-15 precinct from which the person is elected or appointed. To be
35-16 eligible to serve as director at large, a person must be a
35-17 registered voter in the district.
35-18 SECTION 3.0108. TEMPORARY DIRECTORS. (a) The temporary
35-19 board of directors shall be appointed by the county commissioners
35-20 court. A temporary director will be appointed from each
35-21 commissioners precinct, and one temporary director will be a
35-22 director at large.
35-23 (b) If a temporary director fails to qualify for office, the
35-24 temporary directors who have qualified shall appoint a person to
35-25 fill the vacancy. If at any time there are fewer than three
35-26 qualified temporary directors, the Texas Natural Resource
35-27 Conservation Commission shall appoint the necessary number of
35-28 persons to fill all vacancies on the board.
35-29 SECTION 3.0109. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
35-30 (a) The temporary board of directors shall call and hold an
35-31 election to confirm establishment of the district and to elect five
35-32 initial directors.
35-33 (b) Section 41.001(a), Election Code, does not apply to a
35-34 confirmation and initial directors election held as provided by
35-35 this section.
35-36 (c) If a majority of the votes cast at the election favor
35-37 the creation of the district, the temporary directors shall declare
35-38 the district created. If a majority of the votes cast at the
35-39 election are against the creation of the district, the temporary
35-40 directors shall declare the district defeated. The temporary
35-41 directors shall file a copy of the election results with the Texas
35-42 Natural Resource Conservation Commission.
35-43 (d) If a majority of the votes cast at the election are
35-44 against the creation of the district, the temporary directors may
35-45 call and hold subsequent elections to confirm establishment of the
35-46 district and to elect initial directors. A subsequent election may
35-47 not be held earlier than the first anniversary of the date on which
35-48 the previous election was held. If the district is not created
35-49 before September 1, 2006, this part expires on that date.
35-50 (e) Section 36.017(a), Water Code, does not apply to the
35-51 district.
35-52 (f) Except as provided by this section, a confirmation and
35-53 directors election must be conducted as provided by Sections
35-54 36.017(b)-(h), Water Code, and the Election Code.
35-55 SECTION 3.0110. INITIAL DIRECTORS. (a) A person who wishes
35-56 to be a candidate for the office of initial director may file an
35-57 application with the temporary board of directors to have the
35-58 candidate's name printed on the ballot as provided by Section
35-59 3.0106 of this part.
35-60 (b) At the confirmation and initial directors election, the
35-61 temporary board of directors shall have the names of the five
35-62 persons serving as temporary directors placed on the ballot by
35-63 commissioners precinct and as at-large director, together with the
35-64 name of any candidate filing for the office of director as provided
35-65 by this section.
35-66 (c) If the district is created at the election, the
35-67 temporary directors, at the time the vote is canvassed, shall
35-68 declare the candidate receiving the most votes for each
35-69 commissioners precinct or for the at-large director to be elected
36-1 as the initial directors.
36-2 (d) The initial directors for Precincts 2 and 3 shall serve
36-3 as initial directors until the first regular meeting of the board
36-4 of directors held after the first permanent directors election
36-5 under Section 3.0112 of this part. The initial directors for
36-6 Precincts 1 and 4 and the initial director representing the
36-7 district at large shall serve as initial directors until the first
36-8 regular meeting of the board of directors held after the second
36-9 permanent directors election under Section 3.0112 of this part.
36-10 SECTION 3.0111. SERVICE OF DIRECTORS. (a) Temporary
36-11 directors serve until the temporary directors become initial
36-12 directors under Section 3.0110 of this part or until this part
36-13 expires under Section 3.0109 of this part, whichever occurs
36-14 earlier.
36-15 (b) Initial directors serve until permanent directors are
36-16 elected under Section 3.0112 of this part.
36-17 (c) Permanent directors serve staggered four-year terms.
36-18 (d) A director serves until the director's successor has
36-19 qualified.
36-20 (e) Each director must qualify to serve as director in the
36-21 manner provided by Section 36.055, Water Code.
36-22 SECTION 3.0112. ELECTION OF PERMANENT DIRECTORS. Beginning
36-23 in the second year after the year in which the district is
36-24 authorized to be created at a confirmation election, an election
36-25 shall be held in the district on the first Saturday in May every
36-26 two years to elect the appropriate number of directors to the
36-27 board.
36-28 SECTION 3.0113. ADDITIONAL AUTHORITY. (a) The district may
36-29 contract with one or more state agencies or other governmental
36-30 bodies, including a county, a river authority, or another district,
36-31 to carry out any function of the district.
36-32 (b) The district may require a drilling permit before a new
36-33 well is drilled or an existing well is substantially altered.
36-34 Notwithstanding an exemption for a well under Section 36.117, Water
36-35 Code, written authorization granted by the district must be
36-36 received before a new well is drilled or an existing well is
36-37 substantially altered.
36-38 (c) The district may participate in the construction,
36-39 implementation, and maintenance of best management practices for
36-40 water resource management in the district and may engage in and
36-41 promote the acceptance of best management practices through
36-42 education efforts sponsored by the district. Construction,
36-43 implementation, and maintenance of best management practices must
36-44 address water quantity and quality practices such as brush
36-45 management, prescribed grazing, recharge structures, water and silt
36-46 detention and retention structures, plugging of abandoned wells,
36-47 rainwater harvesting, and other treatment measures for the
36-48 conservation of water resources.
36-49 (d) Reasonable fees, as determined by the district, may be
36-50 imposed on an annual basis on each nonexempt well. The district
36-51 shall adopt any rules necessary for the assessment and collection
36-52 of fees under this subsection.
36-53 (e) The district may use money collected from fees:
36-54 (1) in any manner necessary for the management and
36-55 operation of the district;
36-56 (2) to pay all or part of the principal of and
36-57 interest on district bonds or notes; and
36-58 (3) for any purpose consistent with the district's
36-59 certified water management plan.
36-60 (f) The district shall grant an exemption or other relief
36-61 from ad valorem taxes on property on which a water conservation
36-62 initiative has been implemented. The district shall adopt rules to
36-63 implement this subsection. A retail public utility shall receive
36-64 the same exemption or relief from ad valorem taxes on property as
36-65 any other customer of the district would receive.
36-66 (g) As a water conservation initiative to encourage retail
36-67 public utilities to obtain water supplies from sources other than
36-68 groundwater, the district shall grant an exemption or other relief
36-69 from ad valorem taxes on property served by a retail public utility
37-1 based on (i) the percentage of potable water supplied within the
37-2 district by the retail public utility from sources other than
37-3 groundwater compared to the total water supplied by the retail
37-4 public utility for the preceding year and (ii) the percentage of
37-5 wastewater effluent produced by the retail public utility that is
37-6 used as reclaimed water within the district compared to the total
37-7 wastewater effluent produced by the retail public utility for the
37-8 preceding year. The district may consider the impact of floods
37-9 and equipment breakage on the retail public utility's ability to
37-10 supply water from sources other than groundwater. The total amount
37-11 of the exemption or other relief from ad valorem taxes shall not
37-12 exceed one-half of the tax levied by the district.
37-13 SECTION 3.0114. PROHIBITED ACTS. The district may not:
37-14 (1) impose an ad valorem property tax for
37-15 administrative, operation, or maintenance expenses that exceeds the
37-16 lesser of the rate approved by the majority of the qualified voters
37-17 voting in the election authorizing the tax, or three cents per $100
37-18 valuation;
37-19 (2) require the owner of a well used solely for
37-20 domestic or livestock purposes to install a meter or measuring
37-21 device on the well; or
37-22 (3) enter into any contract or engage in any action to
37-23 supply water to any person in the service area of any municipality
37-24 or retail public utility located in the district, except with the
37-25 consent of the municipality or retail public utility.
37-26 SECTION 3.0115. VALIDATION. An act or proceeding heretofore
37-27 taken by or on behalf of the district, as created and organized
37-28 under Chapter 1331, Acts of the 76th Legislature, Regular Session,
37-29 1999, is conclusively presumed, as of the date it occurred, to be
37-30 valid and to have occurred in accordance with all applicable laws,
37-31 and all actions are in all things validated, ratified, and
37-32 confirmed in all respects by this part.
37-33 PART 2. CROSSROADS GROUNDWATER CONSERVATION DISTRICT
37-34 SECTION 3.0201. RATIFICATION OF CREATION. The creation by
37-35 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999,
37-36 of the Crossroads Groundwater Conservation District in Victoria
37-37 County is ratified as required by Section 15(a) of that chapter,
37-38 subject to approval at a confirmation election under Section 3.0207
37-39 of this part. The district is a governmental agency and a body
37-40 politic and corporate.
37-41 SECTION 3.0202. DEFINITIONS. In this part:
37-42 (1) "District" means the Crossroads Groundwater
37-43 Conservation District.
37-44 (2) "Board" means the district's board of directors.
37-45 SECTION 3.0203. LEGISLATIVE FINDINGS. The legislature finds
37-46 that:
37-47 (1) the organization of the district is feasible and
37-48 practicable;
37-49 (2) all of the land to be included in, and the
37-50 residents of, the district will benefit from the creation of the
37-51 district;
37-52 (3) there is a public necessity for the district; and
37-53 (4) the creation of the district will provide a
37-54 benefit and utility to the public.
37-55 SECTION 3.0204. BOUNDARIES. The district is composed of all
37-56 the territory located within Victoria County.
37-57 SECTION 3.0205. APPLICATION OF CHAPTER 36, WATER CODE;
37-58 GENERAL POWERS AND DUTIES. Except to the extent of any conflict
37-59 with this part or as specifically limited by this part, the
37-60 district is governed by and subject to Chapter 36, Water Code, and
37-61 may exercise all of the powers contained in that chapter, including
37-62 the power to issue bonds and levy and collect taxes and the power
37-63 of eminent domain. The district may exercise all of the duties
37-64 provided by Chapter 36, Water Code.
37-65 SECTION 3.0206. TEMPORARY DIRECTORS. (a) On September 1,
37-66 2001, the following persons are designated as temporary directors
37-67 of the district:
37-68 (1) Place 1: Mark Dierlam
37-69 (2) Place 2: Rocky Sanders
38-1 (3) Place 3: S. F. Ruschhaupt III
38-2 (4) Place 4: Joseph Dial
38-3 (5) Place 5: Stephen Diebel
38-4 (6) Place 6: Jerry James
38-5 (7) Place 7: Denise McCue
38-6 (b) If a temporary director fails to qualify for office or
38-7 if a vacancy occurs in the office of temporary director for any
38-8 reason, the Victoria County Commissioners Court shall appoint
38-9 persons to fill vacancies in Places 1-4 and the city council of the
38-10 City of Victoria shall appoint persons to fill vacancies in Places
38-11 5-7.
38-12 (c) The temporary directors shall select from their members
38-13 persons to serve as chairman, vice chairman, and secretary.
38-14 (d) The temporary directors shall serve until they shall
38-15 have declared the district created, at which time they become the
38-16 initial directors of the district under Section 3.0208 of this
38-17 part.
38-18 (e) To be qualified to serve as a temporary director, a
38-19 person must be a resident of Victoria County and at least 18 years
38-20 of age.
38-21 SECTION 3.0207. CREATION ELECTION. (a) Not later than
38-22 October 1, 2001, and without the necessity of having a petition
38-23 presented, the temporary directors shall meet and call an election
38-24 to be held not later than January 1, 2002, within the boundaries of
38-25 the proposed district to approve the creation of the district.
38-26 (b) Section 41.001(a), Election Code, does not apply to an
38-27 election called under this section.
38-28 (c) The ballot for the election shall be printed to provide
38-29 for or against the following propositions:
38-30 (1) the creation of the Crossroads Groundwater
38-31 Conservation District in Victoria County; and
38-32 (2) the levy and collection of a property tax in the
38-33 district.
38-34 (d) The temporary board may include other propositions on
38-35 the ballot that it considers necessary.
38-36 (e) If a majority of votes cast at the election favor the
38-37 creation of the district, the temporary directors shall declare the
38-38 district created. If a majority of the votes cast at the election
38-39 are against the creation of the district, the temporary directors
38-40 shall declare the district defeated. The temporary directors shall
38-41 file a copy of the election results with the Texas Natural Resource
38-42 Conservation Commission.
38-43 (f) If the creation of the district is defeated, further
38-44 elections may be called and held after the first anniversary of the
38-45 most recent creation election. If the district is not created by
38-46 September 1, 2006, this part expires.
38-47 SECTION 3.0208. INITIAL DIRECTORS. (a) On approval of the
38-48 creation of the district under Section 3.0207 of this part, the
38-49 temporary directors become the initial directors of the district
38-50 and serve on the board for terms as provided by Subsection (b) of
38-51 this section; provided that within 60 days after the creation of
38-52 the district, the Victoria County Commissioners Court may replace
38-53 any director in Places 1-4 and the city council of the City of
38-54 Victoria may replace any director in Places 5-7.
38-55 (b) The persons serving as directors for Places 1, 3, 5, and
38-56 7 shall serve as directors for four years following the creation of
38-57 the district. The persons serving as directors for Places 2, 4,
38-58 and 6 shall serve as directors for two years following the creation
38-59 of the district.
38-60 (c) If, for any reason, an appointed director is not
38-61 qualified to take office at the first regular meeting of the board
38-62 following his or her appointment, the director for that place shall
38-63 continue to serve until a successor has qualified.
38-64 SECTION 3.0209. BOARD OF DIRECTORS. (a) The board of
38-65 directors of the district is composed of seven members.
38-66 (b) The directors shall select from their members persons to
38-67 serve as chairman, vice chairman, and secretary.
38-68 SECTION 3.0210. QUALIFICATIONS OF BOARD MEMBERS. To be
38-69 qualified for appointment as a director, a person must be a
39-1 resident of the district and must be at least 18 years of age.
39-2 SECTION 3.0211. TERM OF OFFICE. (a) Except for the
39-3 temporary and initial directors of the district, directors shall
39-4 serve for terms of four years.
39-5 (b) Upon the expiration of the terms of directors or any
39-6 vacancy during a term, the Victoria County Commissioners Court
39-7 shall appoint persons to serve in Places 1-4 and the city council
39-8 of the City of Victoria shall appoint persons to serve in Places
39-9 5-7.
39-10 (c) A vacancy in the office of director shall be filled by
39-11 appointment for the remainder of the term.
39-12 SECTION 3.0212. LIMITATION ON TAXATION. The district may
39-13 not impose an ad valorem tax at a rate that exceeds two cents on
39-14 the $100 valuation of taxable property in the district.
39-15 PART 3. LONE WOLF GROUNDWATER CONSERVATION DISTRICT
39-16 SECTION 3.0301. RATIFICATION OF CREATION. The creation by
39-17 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999,
39-18 of the Lone Wolf Groundwater Conservation District in Mitchell
39-19 County is ratified as required by Section 15(a) of that chapter,
39-20 subject to approval at a confirmation election under Section 3.0307
39-21 of this part.
39-22 SECTION 3.0302. DEFINITION. In this part, "district" means
39-23 the Lone Wolf Groundwater Conservation District.
39-24 SECTION 3.0303. GENERAL POWERS. (a) The district has all
39-25 of the rights, powers, privileges, authority, functions, and duties
39-26 provided by the general law of the state, including Chapter 36,
39-27 Water Code, applicable to groundwater conservation districts
39-28 created under Section 59, Article XVI, Texas Constitution. This
39-29 part prevails over any provision of general law that is in conflict
39-30 or inconsistent with this part, including any provision of Chapter
39-31 1331, Acts of the 76th Legislature, Regular Session, 1999.
39-32 (b) Notwithstanding Subsection (a) of this section, the
39-33 following provisions prevail over a conflicting or inconsistent
39-34 provision of this part:
39-35 (1) Sections 36.1071-36.108, Water Code;
39-36 (2) Sections 36.159-36.161, Water Code; and
39-37 (3) Subchapter I, Chapter 36, Water Code.
39-38 SECTION 3.0304. BOARD OF DIRECTORS. (a) The district is
39-39 governed by a board of five directors.
39-40 (b) Temporary directors serve until initial directors are
39-41 elected under Section 3.0307 of this part.
39-42 (c) Initial directors serve until permanent directors are
39-43 elected under Section 3.0308 of this part.
39-44 (d) Permanent directors serve staggered four-year terms.
39-45 (e) Each director must qualify to serve as director in the
39-46 manner provided by Section 36.055, Water Code.
39-47 (f) A director serves until the director's successor has
39-48 qualified.
39-49 SECTION 3.0305. COMPENSATION OF DIRECTORS. A director is
39-50 not entitled to fees of office but is entitled to reimbursement of
39-51 actual expenses reasonably and necessarily incurred while engaging
39-52 in activities on behalf of the district.
39-53 SECTION 3.0306. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
39-54 PRECINCTS. (a) The directors of the district shall be elected
39-55 according to the commissioners precinct method as provided by this
39-56 section.
39-57 (b) One director shall be elected by the voters of the
39-58 entire district, and one director shall be elected from each county
39-59 commissioners precinct by the voters of that precinct.
39-60 (c) To be eligible to be a candidate for or to serve as
39-61 director at large, a person must be a registered voter in the
39-62 district. To be eligible to be a candidate for or to serve as
39-63 director from a county commissioners precinct, a person must be a
39-64 registered voter of that precinct.
39-65 (d) A person shall indicate on the application for a place
39-66 on the ballot:
39-67 (1) the precinct that the person seeks to represent;
39-68 or
39-69 (2) that the person seeks to represent the district at
40-1 large.
40-2 (e) At the first election after the county commissioners
40-3 precincts are redrawn under Section 18, Article V, Texas
40-4 Constitution, four new directors shall be elected to represent the
40-5 precincts. The directors elected shall draw lots to determine
40-6 which two directors serve two-year terms and which two directors
40-7 serve four-year terms.
40-8 SECTION 3.0307. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
40-9 (a) The temporary board of directors shall call and hold an
40-10 election to confirm establishment of the district and to elect
40-11 initial directors.
40-12 (b) At the confirmation and initial directors election, the
40-13 temporary board of directors shall have placed on the ballot the
40-14 name of any candidate filing for an initial director position and
40-15 blank spaces to write in the names of other persons. A temporary
40-16 director who is eligible to be a candidate under Section 3.0306 of
40-17 this part may file for an initial director position.
40-18 (c) Section 41.001(a), Election Code, does not apply to a
40-19 confirmation and initial directors election held as provided by
40-20 this section.
40-21 (d) Except as provided by this section, a confirmation and
40-22 initial directors election must be conducted as provided by Section
40-23 36.017(b)-(h), Water Code, and the Election Code.
40-24 SECTION 3.0308. ELECTION OF DIRECTORS. (a) On the first
40-25 Saturday in May of the first even-numbered year after the year in
40-26 which the district is authorized to be created at a confirmation
40-27 election, an election shall be held in the district for the
40-28 election of three directors to serve four-year terms and two
40-29 directors to serve two-year terms.
40-30 (b) On the first Saturday in May of each subsequent second
40-31 year following the election, the appropriate number of directors
40-32 shall be elected.
40-33 SECTION 3.0309. LIMITATION ON TAXATION. The district may
40-34 levy property taxes at a rate not to exceed 20 cents on each $100
40-35 of assessed valuation to pay any part of the bonds or notes issued
40-36 by the district if the authority to impose property taxes under
40-37 this part is approved by a majority of the voters voting at a
40-38 confirmation election under Section 3.0307 of this part or at a
40-39 separate election called for that purpose by the board of
40-40 directors.
40-41 SECTION 3.0310. VALIDATION. All past acts of the district
40-42 are validated and confirmed.
40-43 SECTION 3.0311. APPLICABILITY. Section 3.0310 of this part
40-44 does not apply to any matter that is the subject of litigation on
40-45 the effective date of this part.
40-46 SECTION 3.0312. EXPIRATION. If the creation of the district
40-47 is not confirmed at a confirmation election held under Section
40-48 3.0307 of this part before September 1, 2003, the district is
40-49 dissolved and this part expires on that date.
40-50 PART 4. LOST PINES GROUNDWATER CONSERVATION DISTRICT
40-51 SECTION 3.0401. RATIFICATION OF CREATION. The creation by
40-52 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999,
40-53 of the Lost Pines Groundwater Conservation District in Bastrop and
40-54 Lee counties is ratified as required by Section 15(a) of that
40-55 chapter, subject to approval at a confirmation election under
40-56 Section 3.0407 of this part.
40-57 SECTION 3.0402. DEFINITIONS. In this part:
40-58 (1) "District" means the Lost Pines Groundwater
40-59 Conservation District.
40-60 (2) "Public utility" means any person, corporation,
40-61 public utility, water supply or sewer service corporation,
40-62 municipality, political subdivision, or agency operating,
40-63 maintaining, or controlling facilities in the state for providing
40-64 potable water service for compensation.
40-65 SECTION 3.0403. BOUNDARIES. The boundaries of the district
40-66 are coextensive with the boundaries of Bastrop and Lee counties,
40-67 Texas.
40-68 SECTION 3.0404. POWERS. (a) The district has all of the
40-69 rights, powers, privileges, authority, functions, and duties
41-1 provided by the general law of the state, including Chapter 36,
41-2 Water Code, applicable to groundwater conservation districts
41-3 created under Section 59, Article XVI, Texas Constitution. This
41-4 part prevails over any provision of general law that is in conflict
41-5 or inconsistent with this part, including any provision of Chapter
41-6 1331, Acts of the 76th Legislature, Regular Session, 1999.
41-7 (b) Notwithstanding Subsection (a) of this section, the
41-8 following provisions prevail over a conflicting or inconsistent
41-9 provision of this part:
41-10 (1) Sections 36.1071-36.108, Water Code;
41-11 (2) Sections 36.159-36.161, Water Code; and
41-12 (3) Subchapter I, Chapter 36, Water Code.
41-13 (c) The district may not impose a tax. The district may
41-14 assess regulatory pumping fees for water produced in or exported
41-15 from the district. The regulatory pumping fees the district
41-16 assesses for water for crop or livestock production or other
41-17 agricultural uses may not exceed 20 percent of the rate applied to
41-18 water for municipal uses. Regulatory pumping fees based on the
41-19 amount of water withdrawn from a well may not exceed:
41-20 (1) $1 per acre-foot for water used for the purpose of
41-21 irrigating agricultural crops; or
41-22 (2) 17 cents per thousand gallons for water used for
41-23 any other purpose.
41-24 (d) The district may adopt a rule exempting a well that is
41-25 not capable of producing more than 50,000 gallons of groundwater a
41-26 day from a permit requirement, a fee, or a restriction on
41-27 production.
41-28 SECTION 3.0405. GROUNDWATER WELLS UNDER JURISDICTION OF
41-29 RAILROAD COMMISSION. (a) Groundwater wells drilled or operated
41-30 within the district under permits issued by the Railroad Commission
41-31 of Texas are under the exclusive jurisdiction of the commission and
41-32 are exempt from regulation by the district.
41-33 (b) Groundwater produced in an amount authorized by a
41-34 railroad commission permit may be used within or exported from the
41-35 district without obtaining a permit from the district.
41-36 (c) To the extent groundwater production exceeds railroad
41-37 commission authorization, the holder of the commission permit shall
41-38 apply to the district for appropriate permits for the excess
41-39 production and shall be subject to the applicable regulatory fees.
41-40 (d) Groundwater produced from wells under the jurisdiction
41-41 of the railroad commission is generally exempt from water district
41-42 fees. However, the district may impose either a pumping fee or an
41-43 export fee on groundwater produced from an otherwise exempt mine
41-44 well that is used for municipal purposes or by a public utility.
41-45 Any fee imposed by the district under this subsection may not
41-46 exceed the fee imposed on other groundwater producers in the
41-47 district.
41-48 SECTION 3.0406. BOARD OF DIRECTORS. (a) The district is
41-49 governed by a board of 10 directors.
41-50 (b) Five directors shall be appointed from Bastrop County by
41-51 the county judge of Bastrop County and five directors shall be
41-52 appointed from Lee County by the county judge of Lee County.
41-53 (c) Temporary directors serve until their successors are
41-54 appointed and have qualified.
41-55 (d) The temporary directors shall draw lots to determine:
41-56 (1) which three directors from each county will serve
41-57 four-year terms that expire December 31, 2005; and
41-58 (2) which two directors from each county will serve
41-59 two-year terms that expire December 31, 2003.
41-60 (e) In each subsequent second year following the initial
41-61 appointment of directors, the appropriate number of directors shall
41-62 be appointed.
41-63 (f) Except as provided by Subsection (d) of this section,
41-64 directors serve staggered four-year terms.
41-65 (g) Directors may serve consecutive terms.
41-66 (h) Each director must qualify to serve as director in the
41-67 manner provided by Section 36.055, Water Code.
41-68 (i) A director serves until the director's successor has
41-69 qualified.
42-1 (j) If a vacancy occurs on the board of directors, the board
42-2 may appoint a director to serve the remainder of the term.
42-3 (k) A director may receive fees of office as provided by
42-4 Section 36.060, Water Code, and is entitled to reimbursement for
42-5 reasonable actual expenses incurred in performing duties as a
42-6 director.
42-7 SECTION 3.0407. INITIAL MEETING AND CONFIRMATION ELECTION.
42-8 (a) As soon as practicable after September 1, 2001, the temporary
42-9 board of directors shall meet to set the date for and call the
42-10 confirmation election. The directors shall hold the meeting in
42-11 conjunction with the regularly scheduled meeting of the directors.
42-12 (b) The election shall be held on the authorized election
42-13 date in November if the United States Department of Justice has
42-14 precleared this part by that time. If this part has not been
42-15 precleared by the November election date, the confirmation election
42-16 shall be held at the next authorized election date. The district
42-17 shall contract with the county clerks of Bastrop and Lee counties
42-18 to conduct the election.
42-19 (c) Except as provided by this section, the confirmation
42-20 election must be conducted as provided by Sections 36.017 and
42-21 36.018, Water Code, and the Election Code.
42-22 (d) If a majority of the votes cast at an election held
42-23 under this section is against the confirmation of the district, the
42-24 temporary directors may not call another election under this
42-25 section before the first anniversary of that election.
42-26 SECTION 3.0408. STATUTORY INTERPRETATION. Except as
42-27 otherwise provided by this part, if there is a conflict between
42-28 this part and Chapter 36, Water Code, this part controls.
42-29 SECTION 3.0409. REGIONAL COOPERATION. The district shall:
42-30 (1) adopt a management plan detailing proposed efforts
42-31 of the district to cooperate with other groundwater conservation
42-32 districts;
42-33 (2) participate as needed in coordination meetings
42-34 with adjacent groundwater conservation districts that share one or
42-35 more aquifers with the district;
42-36 (3) coordinate the collection of data with adjacent
42-37 groundwater conservation districts in such a way as to achieve
42-38 relative uniformity of data type and quality;
42-39 (4) provide groundwater level information to adjacent
42-40 groundwater conservation districts;
42-41 (5) investigate any groundwater pollution to identify
42-42 the pollution's source;
42-43 (6) notify adjacent groundwater conservation districts
42-44 and all appropriate agencies of any groundwater pollution detected
42-45 and the source of pollution identified;
42-46 (7) provide to adjacent groundwater conservation
42-47 districts annually an inventory of water wells in the district and
42-48 an estimate of groundwater production within the district; and
42-49 (8) include adjacent groundwater conservation
42-50 districts on mailing lists for district newsletters and information
42-51 regarding seminars, public education events, news articles, and
42-52 field days.
42-53 SECTION 3.0410. EXPIRATION. If the creation of this
42-54 district is not confirmed at a confirmation election held under
42-55 Section 3.0407 of this part before September 1, 2005, this part
42-56 expires on that date.
42-57 PART 5. MCMULLEN GROUNDWATER CONSERVATION DISTRICT
42-58 SECTION 3.0501. RATIFICATION OF CREATION. The creation by
42-59 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999,
42-60 of the McMullen Groundwater Conservation District in McMullen
42-61 County is ratified as required by Section 15(a) of that chapter,
42-62 subject to approval at a confirmation election under Section 3.0507
42-63 of this part.
42-64 SECTION 3.0502. DEFINITION. In this part, "district" means
42-65 the McMullen Groundwater Conservation District.
42-66 SECTION 3.0503. BOUNDARIES. The boundaries of the district
42-67 are coextensive with the boundaries of McMullen County.
42-68 SECTION 3.0504. GENERAL POWERS. (a) The district has all
42-69 of the rights, powers, privileges, authority, functions, and duties
43-1 provided by the general law of the state, including Chapter 36,
43-2 Water Code, applicable to groundwater conservation districts
43-3 created under Section 59, Article XVI, Texas Constitution. This
43-4 part prevails over any provision of general law that is in conflict
43-5 or inconsistent with this part, including any provision of Chapter
43-6 1331, Acts of the 76th Legislature, Regular Session, 1999.
43-7 (b) The rights, powers, privileges, authority, functions,
43-8 and duties of the district are subject to the continuing right of
43-9 supervision of the state to be exercised by and through the Texas
43-10 Natural Resource Conservation Commission.
43-11 (c) Notwithstanding Subsection (a) of this section, the
43-12 following provisions prevail over a conflicting or inconsistent
43-13 provision in this part:
43-14 (1) Sections 36.1071-36.108, Water Code;
43-15 (2) Sections 36.159-36.161, Water Code; and
43-16 (3) Subchapter I, Chapter 36, Water Code.
43-17 SECTION 3.0505. BOARD OF DIRECTORS. (a) The district is
43-18 governed by a board of five directors.
43-19 (b) Temporary directors serve until initial directors are
43-20 elected under Section 3.0507 of this part.
43-21 (c) Initial directors serve until permanent directors are
43-22 elected under Section 3.0508 of this part.
43-23 (d) Permanent directors serve staggered four-year terms.
43-24 (e) Each director must qualify to serve as director in the
43-25 manner provided by Section 36.055, Water Code.
43-26 (f) A person is not eligible to serve as an initial or
43-27 permanent director unless the person owns land in the district.
43-28 (g) A director serves until the director's successor has
43-29 qualified.
43-30 (h) If there is a vacancy on the board, the remaining
43-31 directors shall appoint a director to serve the remainder of the
43-32 term.
43-33 SECTION 3.0506. METHOD OF ELECTING DIRECTORS. (a) The
43-34 directors of the district shall be elected according to the
43-35 commissioners precinct method as provided by this section.
43-36 (b) One director shall be elected by the voters of the
43-37 entire district and one director shall be elected from each county
43-38 commissioners precinct by the voters of that precinct.
43-39 (c) To be qualified as a candidate for or to serve as
43-40 director at large, a person must be a registered voter in the
43-41 district. To be a candidate for or to serve as director from a
43-42 county commissioners precinct, a person must be a registered voter
43-43 of that precinct.
43-44 (d) A person shall indicate on the application for a place
43-45 on the ballot:
43-46 (1) the precinct that the person seeks to represent;
43-47 or
43-48 (2) that the person seeks to represent the district at
43-49 large.
43-50 (e) At the first election after the county commissioners
43-51 precincts are redrawn under Section 18, Article V, Texas
43-52 Constitution, four new directors shall be elected to represent the
43-53 newly redrawn precincts. The directors elected shall draw lots to
43-54 determine which two newly elected directors serve two-year terms
43-55 and which two directors serve four-year terms.
43-56 SECTION 3.0507. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
43-57 (a) The temporary board of directors shall call and hold an
43-58 election to confirm establishment of the district and to elect
43-59 initial directors.
43-60 (b) At the confirmation and initial directors election, the
43-61 temporary board of directors shall have placed on the ballot the
43-62 names of the persons serving as temporary directors who intend to
43-63 run for an initial director position and are qualified to be a
43-64 candidate under Section 3.0506 of this part together with the name
43-65 of any candidate filing for an initial director position and blank
43-66 spaces to write in the names of other persons.
43-67 (c) If the district is created at the election, the
43-68 temporary board of directors, at the time the vote is canvassed,
43-69 shall:
44-1 (1) declare the qualified person who receives the most
44-2 votes for each position to be elected as the initial director for
44-3 that position; and
44-4 (2) include the results of the initial directors
44-5 election in the district's election report to the Texas Natural
44-6 Resource Conservation Commission.
44-7 (d) Section 41.001(a), Election Code, does not apply to a
44-8 confirmation and initial directors election held as provided by
44-9 this section.
44-10 (e) Except as provided by this section, a confirmation and
44-11 initial directors election must be conducted as provided by
44-12 Sections 36.017(b)-(h), Water Code, and the Election Code.
44-13 (f) If a majority of the votes cast at an election held
44-14 under this section is against the confirmation of the district, the
44-15 temporary directors may not call another election under this
44-16 section before the first anniversary of that election.
44-17 SECTION 3.0508. ELECTION OF PERMANENT DIRECTORS. (a) On
44-18 the first Saturday in October of the second year after the year in
44-19 which the district is authorized to be created at a confirmation
44-20 election, an election shall be held in the district for the
44-21 election of directors from county commissioners precincts one and
44-22 three, each of whom serves a two-year term, and directors from
44-23 county commissioners precincts two and four and the director at
44-24 large, each of whom serves a four-year term.
44-25 (b) On the first Saturday in October of each subsequent
44-26 second year following the election, the appropriate number of
44-27 directors shall be elected to the board, each of whom serves a
44-28 four-year term.
44-29 SECTION 3.0509. LIMITATION ON TAXATION. The district may
44-30 not impose an ad valorem tax at a rate that exceeds five cents on
44-31 the $100 valuation of taxable property in the district.
44-32 SECTION 3.0510. STATUTORY INTERPRETATION. Except as
44-33 otherwise provided by this part, if there is a conflict between
44-34 this part and Chapter 36, Water Code, this part controls.
44-35 SECTION 3.0511. EXPIRATION. If the creation of the district
44-36 is not confirmed at a confirmation election held under Section
44-37 3.0507 of this part before September 1, 2003, this part expires on
44-38 that date.
44-39 PART 6. MIDDLE PECOS GROUNDWATER CONSERVATION DISTRICT
44-40 SECTION 3.0601. RATIFICATION OF CREATION. The creation by
44-41 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999,
44-42 of the Middle Pecos Groundwater Conservation District in Pecos
44-43 County is ratified, as required by Section 15(a) of that chapter,
44-44 subject to approval at a confirmation election under Section 3.0607
44-45 of this part.
44-46 SECTION 3.0602. DEFINITION. In this part, "district" means
44-47 the Middle Pecos Groundwater Conservation District.
44-48 SECTION 3.0603. BOUNDARIES. The boundaries of the district
44-49 are coextensive with the boundaries of Pecos County.
44-50 SECTION 3.0604. GENERAL POWERS. (a) The district has all
44-51 of the rights, powers, privileges, authority, functions, and duties
44-52 provided by the general law of this state, including Chapter 36,
44-53 Water Code, applicable to groundwater conservation districts
44-54 created under Section 59, Article XVI, Texas Constitution. This
44-55 part prevails over any provision of general law that is in conflict
44-56 or inconsistent with this part, including any provision of Chapter
44-57 1331, Acts of the 76th Legislature, Regular Session, 1999.
44-58 (b) Notwithstanding Subsection (a) of this section, the
44-59 following provisions prevail over a conflicting or inconsistent
44-60 provision of this part:
44-61 (1) Sections 36.1071-36.108, Water Code;
44-62 (2) Sections 36.159-36.161, Water Code; and
44-63 (3) Subchapter I, Chapter 36, Water Code.
44-64 (c) Section 36.121, Water Code, does not apply to the
44-65 district.
44-66 (d) The rights, powers, privileges, authority, functions,
44-67 and duties of the district are not subject to the continuing right
44-68 of supervision of the state through the Texas Natural Resource
44-69 Conservation Commission.
45-1 SECTION 3.0605. BOARD OF DIRECTORS. (a) The district is
45-2 governed by a board of 11 directors.
45-3 (b) Temporary directors serve until initial directors are
45-4 elected under Section 3.0607 of this part.
45-5 (c) Initial directors serve until permanent directors are
45-6 elected under Section 3.0608 of this part.
45-7 (d) Permanent directors serve staggered four-year terms.
45-8 (e) Each director must qualify to serve as director in the
45-9 manner provided by Section 36.055, Water Code.
45-10 (f) A director serves until the director's successor has
45-11 qualified.
45-12 (g) If there is a vacancy on the board, the remaining
45-13 directors shall appoint a director to serve the remainder of the
45-14 term. If at any time there are fewer than three qualified
45-15 directors, the Pecos County Commissioners Court shall appoint the
45-16 necessary number of persons to fill all the vacancies on the board.
45-17 (h) A director may not receive a salary or other
45-18 compensation for service as a director but may be reimbursed for
45-19 actual expenses of attending meetings at the rate in effect for
45-20 employees of Pecos County.
45-21 SECTION 3.0606. METHOD OF ELECTING DIRECTORS. (a) The
45-22 directors of the district shall be elected according to the method
45-23 provided by this section.
45-24 (b) One director shall be elected by the qualified voters of
45-25 the entire district, two directors shall be elected from each
45-26 county commissioners precinct by the qualified voters of that
45-27 precinct, one director shall be elected from the city of Iraan by
45-28 the qualified voters of that city, and one director shall be
45-29 elected from the city of Fort Stockton by the qualified voters of
45-30 that city.
45-31 (c) To be qualified to be a candidate for or to serve as a
45-32 director at large, a person must be a registered voter in the
45-33 district. To be a candidate for or to serve as director from a
45-34 county commissioners precinct or a city, a person must be a
45-35 registered voter of that precinct or city, as applicable.
45-36 (d) A person shall indicate on the application for a place
45-37 on the ballot:
45-38 (1) the precinct or city that the person seeks to
45-39 represent; or
45-40 (2) that the person seeks to represent the district at
45-41 large.
45-42 (e) At the first election after the county commissioners
45-43 precincts are redrawn under Section 18, Article V, Texas
45-44 Constitution, eight new directors shall be elected to represent the
45-45 precincts. The directors elected shall draw lots to determine
45-46 which four directors serve two-year terms and which four directors
45-47 serve four-year terms.
45-48 SECTION 3.0607. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
45-49 (a) The temporary board of directors shall call and hold an
45-50 election to confirm establishment of the district and to elect
45-51 initial directors.
45-52 (b) At the confirmation and initial directors election, the
45-53 temporary board of directors shall have placed on the ballot the
45-54 name of any candidate filing for an initial director position and
45-55 blank spaces to write in the names of other persons. A temporary
45-56 director who is qualified to be a candidate under Sections 3.0605
45-57 and 3.0606 of this part may file for an initial director position.
45-58 (c) Section 41.001(a), Election Code, does not apply to a
45-59 confirmation and initial directors election held as provided by
45-60 this section.
45-61 (d) Except as provided by this section, a confirmation and
45-62 initial directors election must be conducted as provided by
45-63 Sections 36.017(b)-(h), Water Code, and the Election Code.
45-64 (e) The elected initial directors shall draw lots to
45-65 determine their terms. One director from each county commissioners
45-66 precinct and the director from the district at large serve terms
45-67 that expire on the date of the first election held under Section
45-68 3.0608 of this part. The remaining directors serve terms that
45-69 expire on the date of the second election held under Section 3.0608
46-1 of this part.
46-2 (f) If the majority of the votes cast at an election held
46-3 under this section is against the confirmation of the district, the
46-4 temporary directors may call another election under this section
46-5 not later than August 31, 2003.
46-6 SECTION 3.0608. ELECTION OF DIRECTORS. On the first
46-7 Saturday in May of the first even-numbered year after the year in
46-8 which the district is authorized to be created at a confirmation
46-9 election and on the first Saturday in May of each subsequent second
46-10 year, an election shall be held in the district to elect the
46-11 appropriate number of directors.
46-12 SECTION 3.0609. EXPIRATION. If the creation of the district
46-13 is not confirmed at a confirmation election held under Section
46-14 3.0607 of this part before September 1, 2003, the district is
46-15 dissolved and this part expires on that date.
46-16 PART 7. RED SANDS GROUNDWATER CONSERVATION DISTRICT
46-17 SECTION 3.0701. RATIFICATION OF CREATION. The creation by
46-18 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999,
46-19 of the Red Sands Groundwater Conservation District in Hidalgo
46-20 County is ratified as required by Section 15(a) of that chapter,
46-21 subject to approval at a confirmation election under Section 3.0708
46-22 of this part.
46-23 SECTION 3.0702. DEFINITION. In this part, "district" means
46-24 the Red Sands Groundwater Conservation District.
46-25 SECTION 3.0703. BOUNDARIES. The district includes all of
46-26 the territory contained in the following described area:
46-27 A 19,232 acre tract more or less out of San Salvador Del Tule Grant
46-28 as recorded in Volume 10, Page 58 of the Hidalgo County, Texas map
46-29 records and out of the Santa Anita Grant as recorded in Volume 7,
46-30 Page 38 of the Hidalgo County, Texas map records.
46-31 Commencing at the Southeast Corner of this here in described
46-32 boundary tract, said point being the intersection of the centerline
46-33 of U.S. Highway 281 and the centerline of Farm to Market Road
46-34 number 490 (F.M. 490) (West Hargill Road) as shown in the map of
46-35 San Salvador Del Tule Grant as recorded in Volume 10, Page 58 of
46-36 the Hidalgo County map records. Said point is also the point of
46-37 beginning.
46-38 Thence, Westerly along the center line of the F.M. 490, an
46-39 approximate distance of 18,400 feet to a point on the West line of
46-40 San Salvador Del Tule Grant, said point also being the intersection
46-41 of the centerline of F.M. 490 and the West line of the San Salvador
46-42 Del Tule Grant,
46-43 Thence, Northerly along the West line of the San Salvador Del Tule
46-44 Grant and the East line of the Santa Anita Grant at an approximate
46-45 distance of 21,300 feet to a point, said point being an inside
46-46 corner of this herein described tract, and also being the Southeast
46-47 corner of Redland Vineyards Subdivision as recorded in Volume 4,
46-48 Page 51 of the Hidalgo County map records,
46-49 Thence, Westerly along the South line of the Redland Vineyards
46-50 Subdivision, an approximate distance of 4,238 feet to a point, said
46-51 point being an outside corner of this herein described tract, said
46-52 point also being the Southwest corner of the Redland Vineyard
46-53 Subdivision,
46-54 Thence, Northerly with the West line of Redland Vineyards
46-55 Subdivision, at approximately 4,590.50 feet past a point, said
46-56 point being the Northwest corner of Redland Vineyard Subdivision,
46-57 and the Southwest corner of Delbridge Subdivision as recorded in
46-58 Volume 5, Page 11, Hidalgo County map records, and continuing
46-59 Northerly along the West line of Delbridge Subdivision for an
46-60 approximate total distance of 6,646 feet to a point, said point
46-61 being an inside corner of this herein described tract, and also
46-62 being the Northwest corner of Delbridge Subdivision,
46-63 Thence, Westerly along the South line of a 196.37 acres tract,
46-64 known as the A.B. De Kock Tract, an approximate distance of 3,500
46-65 feet past the Southeast corner of share 4, out of the 8,374.70 acre
46-66 tract partition out of the Santa Anita Grant as recorded in Volume
46-67 7, Page 38, in the Hidalgo County map records and continuing
46-68 Westerly for an approximate total distance of 6,500 feet to a
46-69 point, said point being an outside corner of this herein described
47-1 tract and also being the Southwest corner of share 4,
47-2 Thence, Northerly along the West line of share 4, an approximate
47-3 total distance of 19,143 feet to a point, said point being the
47-4 Northwest corner of this herein described tracts and, the
47-5 intersection of the West line of share 4 and the centerline of Farm
47-6 to Market Road number 1017, (F.M. 1017)
47-7 Thence, in a Southeasterly direction, with the Right-of-Way
47-8 centerline of Farm to Market Road number 1017 (F.M. 1017) an
47-9 approximate total distance of 27,800 feet to a point, said point
47-10 being the Northeast corner of this herein described tract, and also
47-11 being the intersection of the centerline of F.M. 1017 Right-of-Way
47-12 and the center line of the U.S. Highway 281 Right-Of-Way,
47-13 Thence, in a Southerly direction, with the centerline of U.S.
47-14 Highway 281 Right-Of-Way, an approximate distance of 7,500 feet
47-15 past Floral Road, and at approximate 21,700 feet past Red Gate Road
47-16 and at approximate 29,700 feet past Laguna Seca Road and for an
47-17 approximate total distance of 39,300 feet to the point of beginning
47-18 of this here in described tract, said tract contains 19,232 Acres,
47-19 More or Less.
47-20 SECTION 3.0704. FINDINGS RELATIVE TO BOUNDARIES. The
47-21 legislature finds that the boundaries and field notes of the
47-22 district form a closure. A mistake in the field notes or in the
47-23 copying of the field notes in the legislative process does not
47-24 affect the organization, existence, or validity of the district,
47-25 the right of the district to levy and collect taxes, or the
47-26 legality or operation of the district or its governing body.
47-27 SECTION 3.0705. GENERAL POWERS. (a) Except as provided by
47-28 this part, the district has all of the rights, powers, privileges,
47-29 authority, functions, and duties provided by the general law of the
47-30 state, including Chapter 36, Water Code, applicable to groundwater
47-31 conservation districts created under Section 59, Article XVI, Texas
47-32 Constitution. This part prevails over any provision of general law
47-33 that is in conflict or inconsistent with this part, including any
47-34 provision of Chapter 1331, Acts of the 76th Legislature, Regular
47-35 Session, 1999.
47-36 (b) The rights, powers, privileges, authority, functions,
47-37 and duties of the district are subject to the continuing right of
47-38 supervision of the state, to be exercised by and through the Texas
47-39 Natural Resource Conservation Commission.
47-40 (c) Chapter 49, Water Code, does not apply to the district.
47-41 (d) Notwithstanding Subsection (a) of this section, the
47-42 following provisions prevail over a conflicting or inconsistent
47-43 provision in this part:
47-44 (1) Sections 36.1071-36.108, Water Code;
47-45 (2) Sections 36.159-36.161, Water Code; and
47-46 (3) Subchapter I, Chapter 36, Water Code.
47-47 SECTION 3.0706. BOARD OF DIRECTORS. (a) The district is
47-48 governed by a board of five directors, each elected at large to one
47-49 of five numbered places.
47-50 (b) To qualify to serve as a director for places one through
47-51 four, an individual must own real property in and reside in the
47-52 district. An individual serving as a director for place five must
47-53 own real property in the district but is not required to reside in
47-54 the district.
47-55 (c) Each director must qualify to serve as director in the
47-56 manner provided by Section 36.055, Water Code.
47-57 (d) Permanent directors serve staggered three-year terms.
47-58 (e) A director serves until the director's successor has
47-59 qualified.
47-60 (f) A vacancy in the office of director shall be filled by
47-61 appointment of the board of directors until the next election of
47-62 directors, at which election a person shall be elected to fill the
47-63 position. If the position is not scheduled to be filled at the
47-64 election, the person elected to fill the position shall serve only
47-65 for the remainder of the unexpired term.
47-66 (g) An appointed director who is qualified to serve as a
47-67 director under Subsection (b) of this section is eligible to run
47-68 for election to the board of directors.
47-69 SECTION 3.0707. TEMPORARY DIRECTORS. (a) The temporary
48-1 board of directors is composed of:
48-2 (1) Lucas Hinojosa;
48-3 (2) Becky Guerra;
48-4 (3) Arcadio Guerra;
48-5 (4) Elizabeth Ann Sweet; and
48-6 (5) John Cozad.
48-7 (b) The temporary directors are not required to meet the
48-8 eligibility requirements of permanent directors.
48-9 (c) Temporary directors serve until permanent directors are
48-10 elected at the confirmation election under Section 3.0708 of this
48-11 part.
48-12 SECTION 3.0708. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
48-13 (a) The temporary board of directors shall call and hold an
48-14 election to confirm establishment of the district and to elect
48-15 initial directors.
48-16 (b) At the confirmation and initial directors election, the
48-17 temporary board of directors shall have placed on the ballot the
48-18 names of the candidates for each of the five numbered positions and
48-19 blank spaces to write in the names of other persons. Names on the
48-20 ballot may include persons serving as temporary directors who
48-21 intend to run for an initial director position together with the
48-22 name of any candidate filing for an initial director position.
48-23 (c) If a majority of the votes cast at the election are in
48-24 favor of the creation of the district, the temporary board of
48-25 directors shall declare the district created. If a majority of the
48-26 votes cast at the election are against the creation of the
48-27 district, the temporary board of directors shall declare the
48-28 district defeated. The temporary board of directors shall file a
48-29 copy of the election results with the Texas Natural Resource
48-30 Conservation Commission.
48-31 (d) If a majority of the votes cast at the election are
48-32 against the creation of the district, the temporary board of
48-33 directors may not call another election under this section before
48-34 the first anniversary of the date of the election.
48-35 (e) If the creation of the district is confirmed at the
48-36 election, the temporary board of directors, at the time the vote is
48-37 canvassed, shall:
48-38 (1) declare the qualified person who receives the most
48-39 votes for each position to be elected as the initial director for
48-40 that position; and
48-41 (2) include the results of the initial directors
48-42 election in the district's election report to the Texas Natural
48-43 Resource Conservation Commission.
48-44 (f) The initial directors shall draw lots to determine their
48-45 terms so that:
48-46 (1) one director serves a one-year term that expires
48-47 on the anniversary of the date the initial directors were elected;
48-48 (2) two directors serve two-year terms that expire on
48-49 the anniversary of the date the initial directors were elected; and
48-50 (3) two directors serve three-year terms that expire
48-51 on the anniversary of the date the initial directors were elected.
48-52 (g) Section 41.001(a), Election Code, does not apply to a
48-53 confirmation and initial directors election held as provided by
48-54 this section.
48-55 (h) Except as provided by this section, a confirmation
48-56 election must be conducted as provided by Sections 36.017(b)-(h),
48-57 Water Code, and the Election Code.
48-58 SECTION 3.0709. ELECTION OF PERMANENT DIRECTORS. Beginning
48-59 in the first year after the year in which the district is
48-60 authorized to be created at a confirmation election, the board of
48-61 directors shall call an election to be held in the district on the
48-62 first Saturday of the month in which the initial directors were
48-63 elected under Section 3.0708 of this part and every year after that
48-64 date to elect the appropriate number of directors to the board.
48-65 SECTION 3.0710. ELIGIBLE DISTRICT VOTERS. (a) Any person
48-66 qualified to vote under the Election Code who resides in the
48-67 district is eligible to vote in district elections.
48-68 (b) Notwithstanding Subsection (a) of this section,
48-69 nonresidents of the district who own real property in the district
49-1 are eligible to vote in district elections.
49-2 SECTION 3.0711. TAXATION AUTHORITY. (a) The board of
49-3 directors shall impose taxes in accordance with the procedures
49-4 under Subchapter G, Chapter 36, Water Code.
49-5 (b) Notwithstanding Section 36.201, Water Code, the board of
49-6 directors may annually impose an ad valorem tax at a rate not to
49-7 exceed two cents on each $100 of assessed valuation unless a higher
49-8 rate is approved by a majority of the voters of the district voting
49-9 at an election called and held for that purpose.
49-10 SECTION 3.0712. TRANSPORTATION OF GROUNDWATER. (a) The
49-11 board of directors may adopt rules as provided by Section 36.122,
49-12 Water Code, requiring a permit to transport district groundwater
49-13 outside the district. The board of directors shall authorize the
49-14 transportation of groundwater for use outside the district if the
49-15 board determines that the use is in the public interest. The board
49-16 of directors may:
49-17 (1) designate uses of water that are in the public
49-18 interest; and
49-19 (2) establish criteria for permits issued under the
49-20 rules.
49-21 (b) Transportation projects for the use of groundwater
49-22 outside the district that began before September 1, 2001, may
49-23 continue without a permit if the use of groundwater is on land
49-24 contiguous to the district's boundaries and is for domestic or
49-25 livestock purposes.
49-26 SECTION 3.0713. EXPIRATION. If the creation of the district
49-27 is not confirmed at a confirmation election held under Section
49-28 3.0708 of this part before September 1, 2003, this part expires on
49-29 that date.
49-30 PART 8. REFUGIO GROUNDWATER CONSERVATION DISTRICT
49-31 SECTION 3.0801. RATIFICATION OF CREATION. The creation by
49-32 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999,
49-33 of the Refugio Groundwater Conservation District in Refugio County
49-34 is ratified, as required by Section 15(a) of that chapter, subject
49-35 to approval at a confirmation election under Section 3.0807 of this
49-36 part.
49-37 SECTION 3.0802. DEFINITION. In this part, "district" means
49-38 the Refugio Groundwater Conservation District.
49-39 SECTION 3.0803. BOUNDARIES. The boundaries of the district
49-40 are coextensive with the boundaries of Refugio County.
49-41 SECTION 3.0804. GENERAL POWERS. (a) The district has all
49-42 of the rights, powers, privileges, authority, functions, and duties
49-43 provided by the general law of this state, including Chapter 36,
49-44 Water Code, applicable to groundwater conservation districts
49-45 created under Section 59, Article XVI, Texas Constitution. This
49-46 part prevails over any provision of general law that is in conflict
49-47 or inconsistent with this part, including any provision of Chapter
49-48 1331, Acts of the 76th Legislature, Regular Session, 1999.
49-49 (b) Notwithstanding Subsection (a) of this section, the
49-50 following provisions prevail over a conflicting or inconsistent
49-51 provision of this part:
49-52 (1) Sections 36.1071-36.108, Water Code;
49-53 (2) Sections 36.159-36.161, Water Code; and
49-54 (3) Subchapter I, Chapter 36, Water Code.
49-55 SECTION 3.0805. BOARD OF DIRECTORS. (a) The district is
49-56 governed by a board of five directors.
49-57 (b) Temporary directors serve until initial directors are
49-58 elected under Section 3.0807 of this part.
49-59 (c) Initial directors serve until permanent directors are
49-60 elected under Section 3.0808 of this part.
49-61 (d) Permanent directors serve staggered four-year terms.
49-62 (e) Each director must qualify to serve as director in the
49-63 manner provided by Section 36.055, Water Code.
49-64 (f) A director serves until the director's successor has
49-65 qualified.
49-66 (g) If a director fails to qualify for office or if there is
49-67 at any time a vacancy on the temporary board of directors, the
49-68 commissioners court shall appoint a person to fill the vacancy.
49-69 SECTION 3.0806. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
50-1 PRECINCTS. (a) The directors of the district shall be elected
50-2 according to the commissioners precinct method as provided by this
50-3 section.
50-4 (b) One director shall be elected by the qualified voters of
50-5 the entire district, and one director shall be elected from each
50-6 county commissioners precinct by the qualified voters of that
50-7 precinct.
50-8 (c) To be qualified to be a candidate for or to serve as
50-9 director at large, a person must be a registered voter in the
50-10 district. To be a candidate for or to serve as director from a
50-11 county commissioners precinct, a person must be a registered voter
50-12 of that precinct.
50-13 (d) A person shall indicate on the application for a place
50-14 on the ballot:
50-15 (1) the precinct that the person seeks to represent;
50-16 or
50-17 (2) that the person seeks to represent the district at
50-18 large.
50-19 (e) At the first election after the county commissioners
50-20 precincts are redrawn under Section 18, Article V, Texas
50-21 Constitution, four new directors shall be elected to represent the
50-22 precincts. The directors elected shall draw lots to determine
50-23 which two directors serve two-year terms and which two directors
50-24 serve four-year terms.
50-25 SECTION 3.0807. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
50-26 (a) The temporary board of directors shall call and hold an
50-27 election to confirm establishment of the district and to elect
50-28 initial directors.
50-29 (b) At the confirmation and initial directors election, the
50-30 temporary board of directors shall have placed on the ballot the
50-31 name of any candidate filing for an initial director position and
50-32 blank spaces to write in the names of other persons. A temporary
50-33 director who is qualified to be a candidate under Sections 3.505
50-34 and 3.506 of this part may file for an initial director position.
50-35 (c) Section 41.001(a), Election Code, does not apply to a
50-36 confirmation and initial directors election held as provided by
50-37 this section.
50-38 (d) Except as provided by this section, a confirmation and
50-39 initial directors election must be conducted as provided by
50-40 Sections 36.017(b)-(h), Water Code, and the Election Code.
50-41 SECTION 3.0808. ELECTION OF DIRECTORS. (a) On the first
50-42 Saturday in May of the first even-numbered year after the year in
50-43 which the district is authorized to be created at a confirmation
50-44 election, an election shall be held in the district for the
50-45 election of three directors to serve four-year terms and two
50-46 directors to serve two-year terms.
50-47 (b) On the first Saturday in May of each subsequent second
50-48 year following the election, the appropriate number of directors
50-49 shall be elected.
50-50 SECTION 3.0809. EXPIRATION. This part expires on
50-51 September 1, 2003, if, before that date, the establishment of the
50-52 district has not been confirmed at a confirmation election held
50-53 under Section 3.0807 of this part.
50-54 PART 9. SOUTHEAST TRINITY GROUNDWATER CONSERVATION DISTRICT
50-55 SECTION 3.0901. PURPOSE. The purpose of this part is to
50-56 ratify the Southeast Trinity Groundwater Conservation District, a
50-57 locally controlled groundwater district, to protect, recharge, and
50-58 prevent the waste of groundwater and to control subsidence of water
50-59 from the groundwater reservoirs.
50-60 SECTION 3.0902. RATIFICATION. (a) The Southeast Trinity
50-61 Groundwater Conservation District is ratified.
50-62 (b) The district is a governmental agency and a body politic
50-63 and corporate.
50-64 (c) The district is created and ratified under and is
50-65 essential to accomplish the purposes of Section 59, Article XVI,
50-66 Texas Constitution.
50-67 SECTION 3.0903. BOUNDARIES. The boundaries of the district
50-68 are:
50-69 BEGINNING at the point of intersection of the Bexar County -
51-1 Comal County - Kendall County line:
51-2 THENCE following the meanders of the Cibolo Creek, the Bexar
51-3 County - Comal County line in an Easterly direction to the point of
51-4 intersection with latitude 29 40':
51-5 THENCE along 29 40' in a Southeasterly direction to the
51-6 point of intersection with Farm to Market Road 3009:
51-7 THENCE with the centerline of Farm to Market Road 3009 in a
51-8 Southerly direction to the point of intersection with the
51-9 centerline of Schoenthal Road:
51-10 THENCE with the centerline of Schoenthal Road in a
51-11 Northeasterly direction to the point of intersection with the
51-12 centerline of Farm to Market Road 1863:
51-13 THENCE with the centerline of Farm to Market Road 1863 in an
51-14 Easterly direction to the point of intersection with the centerline
51-15 of Mission Valley Road:
51-16 THENCE with the centerline of Mission Valley Road in a
51-17 Northeasterly direction to the point of intersection with the
51-18 centerline of State Highway 46;
51-19 THENCE with the centerline of State Highway 46 in a
51-20 Northwesterly direction to the point of intersection with the
51-21 centerline of Hueco Springs Loop Road:
51-22 THENCE with the centerline of Hueco Springs Loop Road in a
51-23 Northeasterly then Easterly direction to the point of intersection
51-24 with the centerline of River Road:
51-25 THENCE with the centerline of River Road in a Northeasterly
51-26 direction to the point of intersection with the Guadalupe River at
51-27 the First Crossing:
51-28 THENCE following the meanders of the Guadalupe River in a
51-29 Northerly direction to the point of intersection of the centerlines
51-30 of the Guadalupe River and Deep Creek:
51-31 (Note: the next four paragraphs coincide with the Southern
51-32 boundary of Comal County Voters Precinct 18)
51-33 THENCE along the meanders of Deep Creek in a Northeasterly
51-34 direction to the point of intersection of the centerline of Deep
51-35 Creek and the South line of the G. F. Lawrence Survey No. 33,
51-36 Abstract No. 358:
51-37 THENCE with the South line of the G. F. Lawrence Survey No.
51-38 33, Abstract No. 358 in a Northeasterly, Southeasterly, and
51-39 Northeasterly direction to the point of intersection of the South
51-40 centerline of Farm to Market Road 306 being at approximately
51-41 Engineers Station 397+98.3:
51-42 THENCE with the centerline of Farm to Market Road 306 in a
51-43 Southeasterly direction to the point of intersection of the
51-44 centerlines of Farm to Market Road 306 and the William Pfeuffer
51-45 private ranch road:
51-46 THENCE with the approximate bearing N 69 E and approximate
51-47 distance 5,000 feet to an angle point in the Comal County - Hays
51-48 County Line:
51-49 THENCE with the Comal County - Hays County line in a
51-50 Northwesterly direction to the point of intersection of the Comal
51-51 County - Hays County line with the Comal County - Blanco County
51-52 line:
51-53 THENCE with the Comal County - Blanco County line in a
51-54 Southwesterly direction to the point of intersection of the Comal
51-55 County - Blanco County - Kendall County line, continuing with the
51-56 Comal County - Kendall County line in a Southwesterly direction to
51-57 point of intersection of the Kendall County - Comal County - Bexar
51-58 County line being the Point of Beginning.
51-59 SECTION 3.0904. FINDINGS RELATIVE TO BOUNDARIES. The
51-60 legislature finds that the boundaries and field notes of the
51-61 district form a closure. A mistake in the field notes or in
51-62 copying the field notes in the legislative process does not affect
51-63 the organization, existence, or validity of the district, the right
51-64 of the district to levy and collect taxes, or the legality or
51-65 operation of the district or its governing body.
51-66 SECTION 3.0905. DEFINITIONS. In this part:
51-67 (1) "District" means the Southeast Trinity Groundwater
51-68 Conservation District;
51-69 (2) "Board" means the board of directors of the
52-1 district; and
52-2 (3) "Commission" means the Texas Natural Resource
52-3 Conservation Commission.
52-4 SECTION 3.0906. FINDING OF BENEFIT. All of the land and
52-5 other property included within the boundaries of the district will
52-6 benefit from the works and projects that are to be accomplished by
52-7 the district under powers conferred by Section 59, Article XVI,
52-8 Texas Constitution. The district is created to serve a public use
52-9 and benefit.
52-10 SECTION 3.0907. AUTHORITY OF DISTRICT. (a) Except as
52-11 provided by this section or otherwise by this part, the district
52-12 has the same permitting and general management powers as those
52-13 granted under Chapter 36, Water Code.
52-14 (b) Chapter 49, Water Code, does not apply to the district.
52-15 (c) The district has no regulatory jurisdiction over the
52-16 Edwards Aquifer or any surface water supply.
52-17 (d) The board by rule may impose reasonable fees, including
52-18 fees for groundwater transported out of the district, on each
52-19 groundwater well in the district that is not exempt from regulation
52-20 by the district, based on the amount of water withdrawn from the
52-21 well. The fees may be assessed annually, based on the size of
52-22 column pipe used in the wells, pump capacity, or actual,
52-23 authorized, or anticipated pumpage, to pay the maintenance and
52-24 operating expenses of the district's regulation of groundwater.
52-25 (e) Section 36.205(c), Water Code, does not apply to the
52-26 district.
52-27 (f) The district may assess an ad valorem property tax not
52-28 to exceed seven cents per $100 valuation for administrative,
52-29 operation, and maintenance expenses if approved by a majority of
52-30 the qualified voters voting in an election authorizing the tax.
52-31 (g) Any district conservation fee paid by a retail public
52-32 utility to the district shall be:
52-33 (1) collected by the retail public utility directly as
52-34 a regulatory fee from the customers of the utility and paid to the
52-35 district; and
52-36 (2) shown as a separate line item on the customer's
52-37 bill.
52-38 (h) Fees shall not be assessed for groundwater withdrawn
52-39 from the Edwards Aquifer.
52-40 (i) The district shall determine which classes of wells are
52-41 exempt from permitting requirements.
52-42 (j) The district may not require a permit for:
52-43 (1) the drilling of or producing from a well either
52-44 drilled, completed, or equipped so that it is capable of producing
52-45 less than 10,000 gallons of water per day; or
52-46 (2) the drilling of or alteration of the size of a
52-47 well or to restrict the production of a well if the water produced
52-48 or to be produced from the well is or will be used to supply the
52-49 domestic needs of five or fewer households in which a person who is
52-50 a member of each household is either the owner of the well, a
52-51 person related to the owner or to a member of the owner's household
52-52 within the second degree by consanguinity, or an employee of the
52-53 owner.
52-54 (k) The district may construct according to, implement, and
52-55 maintain best management practices in the district and may engage
52-56 in and promote acceptance of best management practices through
52-57 education efforts sponsored by the district for the purposes of
52-58 water quality and water availability practices such as brush
52-59 management, recharge enhancement, water and silt detention and
52-60 retention structures, plugging of abandoned wells, and other
52-61 treatment measures for the conservation of groundwater resources.
52-62 SECTION 3.0908. BOARD OF DIRECTORS. (a) The district is
52-63 governed by a board of five directors.
52-64 (b) Temporary directors have been appointed by Comal County
52-65 Commissioners Court and will serve until initial directors are
52-66 elected under Section 3.0909 of this part.
52-67 (c) The temporary directors are:
52-68 (1) Cal Perrine;
52-69 (2) Ernest T. Lee;
53-1 (3) Jill Sondeen;
53-2 (4) Larry Hull; and
53-3 (5) Stovy Bowlin.
53-4 (d) Initial directors will be elected at a confirmation
53-5 election and will serve until permanent directors are elected under
53-6 Section 3.0910 of this part.
53-7 (e) Permanent directors serve staggered four-year terms.
53-8 (f) The directors shall be elected from four precincts, and
53-9 one director will represent the district at large. No more than
53-10 two precincts may be in a single municipality.
53-11 (g) A member of the board must reside in and be a registered
53-12 voter in the precinct from which the person is elected or appointed
53-13 if representing a precinct or must reside and be registered to vote
53-14 in the district if representing the district at large.
53-15 (h) Directors may serve consecutive terms.
53-16 (i) In an election for board members, a write-in vote may
53-17 not be counted unless the name written in appears on the list of
53-18 write-in candidates. A declaration of write-in candidacy must be
53-19 filed not later than 5 p.m. of the 45th day before election day.
53-20 (j) Vacancies in the office of director shall be filled by
53-21 appointment of the board. If the vacant office is not scheduled
53-22 for election within the next two years at the time of the
53-23 appointment, the board shall order an election for the unexpired
53-24 term to be held as part of the next regularly scheduled directors
53-25 election. The appointed director's term shall end on qualification
53-26 of the director elected at that election.
53-27 SECTION 3.0909. CONFIRMATION ELECTION AND ELECTION OF
53-28 INITIAL DIRECTORS. (a) As soon as practicable after September 1,
53-29 2001, the temporary board of directors may set the date for, call,
53-30 and hold an election:
53-31 (1) to confirm establishment of the district;
53-32 (2) to elect five initial directors; and
53-33 (3) for the authority to tax.
53-34 (b) The election may be held on the first authorized
53-35 election date after the United States Department of Justice has
53-36 precleared this part. The district shall contract with the county
53-37 clerk of Comal County to conduct the election.
53-38 (c) The elected initial directors shall draw lots to
53-39 determine their terms so that:
53-40 (1) two of the initial directors serve two-year terms
53-41 that expire on the uniform election date in November of the second
53-42 year after the date the initial directors were elected; and
53-43 (2) the remaining three initial directors serve
53-44 four-year terms that expire on the uniform election date in
53-45 November of the fourth year after the year in which the initial
53-46 directors were elected.
53-47 (d) Section 41.001(a), Election Code, does not apply to a
53-48 confirmation and directors election held as provided by this
53-49 section.
53-50 (e) Except as provided by this section, a confirmation and
53-51 directors election must be conducted as provided by Sections
53-52 36.017(b)-(h), Water Code, and the Election Code.
53-53 (f) The Comal County Commissioners Court shall pay the
53-54 expenses of conducting the confirmation and initial directors
53-55 election, subject to reimbursement from the district if the
53-56 establishment of the district is confirmed or from available
53-57 revenues, including funds allocated under Section 36.160, Water
53-58 Code, if the establishment of the district is defeated.
53-59 (g) If the district is defeated, the temporary directors may
53-60 call and hold subsequent elections to confirm establishment of the
53-61 district. A subsequent election may not be held earlier than the
53-62 first anniversary of the date on which the previous election was
53-63 held. If the district has not been confirmed at an election held
53-64 under this section before the fourth anniversary of the effective
53-65 date of this part, the district is dissolved on that date, except
53-66 that any debts incurred shall be paid and the organization of the
53-67 district shall be maintained until all debts are paid.
53-68 SECTION 3.0910. ELECTION OF REGULAR DIRECTORS. (a) On the
53-69 uniform election date in November of the second year after the year
54-1 in which the initial directors were elected, an election shall be
54-2 held in the district to elect two regular directors for the
54-3 positions of the two initial directors serving two-year terms.
54-4 (b) On the uniform election date in November of each
54-5 subsequent second year following the election held under Subsection
54-6 (a) of this section, an election shall be held to elect the
54-7 appropriate number of regular directors to the board.
54-8 SECTION 3.0911. COORDINATION. The district may coordinate
54-9 activities with other groundwater districts that regulate the
54-10 Trinity Aquifer for the purposes of conjunctively managing the
54-11 common resource.
54-12 SECTION 3.0912. MODIFICATION OF DISTRICT. The district may
54-13 be modified only under Subchapter J, Chapter 36, Water Code, and by
54-14 subsequent acts of the legislature.
54-15 SECTION 3.0913. STATUTORY INTERPRETATION. Except as
54-16 otherwise provided by this part, if there is a conflict between
54-17 this part and Chapter 36, Water Code, this part controls.
54-18 PART 10. TEXANA GROUNDWATER CONSERVATION DISTRICT
54-19 SECTION 3.1001. RATIFICATION OF CREATION. The creation by
54-20 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999,
54-21 of the Texana Groundwater Conservation District in Jackson County
54-22 is ratified as required by Section 15(a) of that chapter, subject
54-23 to approval at a confirmation election under Section 3.1007 of this
54-24 part.
54-25 SECTION 3.1002. DEFINITION. In this part, "district" means
54-26 the Texana Groundwater Conservation District.
54-27 SECTION 3.1003. BOUNDARIES. The boundaries of the district
54-28 are coextensive with the boundaries of Jackson County.
54-29 SECTION 3.1004. GENERAL POWERS. (a) The district has all
54-30 of the rights, powers, privileges, authority, functions, and duties
54-31 provided by the general law of the state, including Chapter 36,
54-32 Water Code, applicable to groundwater conservation districts
54-33 created under Section 59, Article XVI, Texas Constitution. This
54-34 part prevails over any provision of general law that is in conflict
54-35 or inconsistent with this part, including any provision of Chapter
54-36 1331, Acts of the 76th Legislature, Regular Session, 1999.
54-37 (b) Notwithstanding Subsection (a) of this section, the
54-38 following provisions prevail over a conflicting or inconsistent
54-39 provision of this part:
54-40 (1) Sections 36.1071-36.108, Water Code;
54-41 (2) Sections 36.159-36.161, Water Code; and
54-42 (3) Subchapter I, Chapter 36, Water Code.
54-43 SECTION 3.1005. BOARD OF DIRECTORS. (a) The district is
54-44 governed by a board of seven directors.
54-45 (b) Temporary directors serve until initial directors are
54-46 elected under Section 3.1007 of this part.
54-47 (c) Initial directors serve until permanent directors are
54-48 elected under Section 3.1008 of this part.
54-49 (d) Permanent directors serve staggered four-year terms.
54-50 (e) Each director must qualify to serve as director in the
54-51 manner provided by Section 36.055, Water Code.
54-52 (f) A director serves until the director's successor has
54-53 qualified.
54-54 (g) If there is a vacancy on the board, the remaining
54-55 directors shall appoint a director to serve the remainder of the
54-56 term.
54-57 (h) A director may not receive a salary or other
54-58 compensation for service as a director but may be reimbursed for
54-59 actual expenses of attending meetings at the rate in effect for
54-60 employees of Jackson County.
54-61 SECTION 3.1006. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
54-62 PRECINCTS. (a) The directors of the district shall be elected
54-63 according to the commissioners precinct method as provided by this
54-64 section.
54-65 (b) Three directors shall be elected by the electors of the
54-66 entire district, and one director shall be elected from each county
54-67 commissioners precinct by the electors of that precinct.
54-68 (c) To be qualified to be a candidate for or to serve as a
54-69 director at large, a person must be a registered voter in the
55-1 district. To be a candidate for or to serve as director from a
55-2 county commissioners precinct, a person must be a registered voter
55-3 of that precinct.
55-4 (d) A person shall indicate on the application for a place
55-5 on the ballot:
55-6 (1) the precinct that the person seeks to represent;
55-7 or
55-8 (2) that the person seeks to represent the district at
55-9 large.
55-10 (e) At the first election after the county commissioners
55-11 precincts are redrawn under Section 18, Article V, Texas
55-12 Constitution, four new directors shall be elected to represent the
55-13 precincts. The directors elected shall draw lots to determine
55-14 which two directors serve two-year terms and which two directors
55-15 serve four-year terms.
55-16 SECTION 3.1007. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
55-17 (a) The temporary board of directors shall call and hold an
55-18 election to confirm establishment of the district and to elect
55-19 initial directors.
55-20 (b) At the confirmation and initial directors election, the
55-21 temporary board of directors shall have placed on the ballot the
55-22 name of any candidate filing for an initial director position and
55-23 blank spaces to write in the names of other persons. A temporary
55-24 director who is qualified to be a candidate under Sections 3.1005
55-25 and 3.1006 of this part may file for an initial director position.
55-26 (c) Section 41.001(a), Election Code, does not apply to a
55-27 confirmation and initial directors election held as provided by
55-28 this section.
55-29 (d) Except as provided by this section, a confirmation and
55-30 initial directors election must be conducted as provided by
55-31 Sections 36.017(b)-(h), Water Code, and the Election Code.
55-32 (e) If the majority of the votes cast at an election held
55-33 under this section is against the confirmation of the district, the
55-34 temporary directors may not call another election under this
55-35 section before the first anniversary of that election.
55-36 SECTION 3.1008. ELECTION OF DIRECTORS. (a) On the first
55-37 Saturday in May of the first even-numbered year after the year in
55-38 which the district is authorized to be created at a confirmation
55-39 election, an election shall be held in the district for the
55-40 election of two directors at large and two directors representing
55-41 precincts to serve four-year terms and one director at large and
55-42 two directors representing precincts to serve two-year terms.
55-43 (b) On the first Saturday in May of each subsequent second
55-44 year following the election, the appropriate number of directors
55-45 shall be elected.
55-46 SECTION 3.1009. LIMITATION ON TAXATION. The district may
55-47 not levy or collect an ad valorem tax at a rate that exceeds two
55-48 cents on each $100 valuation of taxable property in the district.
55-49 SECTION 3.1010. CONTRACTS WITH GOVERNMENT ENTITIES.
55-50 (a) The district may contract with other government entities.
55-51 (b) The district may contract with other governmental
55-52 entities, including river authorities located in the district, for
55-53 the performance of any or all district functions. A river
55-54 authority with which the district contracts under this section may
55-55 perform district functions as provided by the contract.
55-56 PART 11. TRI-COUNTY GROUNDWATER CONSERVATION DISTRICT
55-57 SECTION 3.1101. RATIFICATION OF CREATION. The creation by
55-58 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999,
55-59 of the Tri-County Groundwater Conservation District in Foard,
55-60 Hardeman, and Wilbarger counties is ratified as required by Section
55-61 15(a) of that chapter, subject to approval at a confirmation
55-62 election under Section 3.1107 of this part.
55-63 SECTION 3.1102. DEFINITION. In this part, "district" means
55-64 the Tri-County Groundwater Conservation District.
55-65 SECTION 3.1103. BOUNDARIES. The boundaries of the district
55-66 are coextensive with the boundaries of Foard, Hardeman, and
55-67 Wilbarger counties.
55-68 SECTION 3.1104. GENERAL POWERS. (a) The district has all
55-69 of the rights, powers, privileges, authority, functions, and duties
56-1 provided by the general law of the state, including Chapter 36,
56-2 Water Code, applicable to groundwater conservation districts
56-3 created under Section 59, Article XVI, Texas Constitution. This
56-4 part prevails over any provision of general law that is in conflict
56-5 or inconsistent with this part, including any provision of Chapter
56-6 1331, Acts of the 76th Legislature, Regular Session, 1999.
56-7 (b) Notwithstanding Subsection (a) of this section, the
56-8 following provisions prevail over a conflicting or inconsistent
56-9 provision of this part:
56-10 (1) Sections 36.107-36.108, Water Code;
56-11 (2) Sections 36.159-36.161, Water Code; and
56-12 (3) Subchapter I, Chapter 36, Water Code.
56-13 SECTION 3.1105. BOARD OF DIRECTORS. (a) The district is
56-14 governed by a board of six directors. Two directors are appointed
56-15 by the commissioners court of each county in the district.
56-16 (b) Each director must qualify to serve as director in the
56-17 manner provided by Section 36.055, Water Code.
56-18 (c) Directors other than initial directors serve staggered
56-19 four-year terms.
56-20 (d) A director serves until the director's successor has
56-21 qualified.
56-22 (e) If there is a vacancy on the board, the appropriate
56-23 commissioners court shall appoint a director to serve the remainder
56-24 of the term.
56-25 (f) The appropriate commissioners court shall appoint a
56-26 director to succeed a director on or before the date the director's
56-27 term expires.
56-28 (g) A director may not receive a salary or other
56-29 compensation for service as a director but may be reimbursed for
56-30 actual expenses of attending meetings.
56-31 SECTION 3.1106. APPOINTMENT AND TERMS OF INITIAL DIRECTORS.
56-32 (a) As soon as practicable after September 1, 2001, the
56-33 commissioners courts of Foard, Hardeman, and Wilbarger counties
56-34 shall each appoint two initial directors.
56-35 (b) The initial directors shall serve terms as follows:
56-36 (1) the two initial directors appointed by the Foard
56-37 County Commissioners Court shall serve terms expiring February 1,
56-38 2002;
56-39 (2) the two initial directors appointed by the
56-40 Hardeman County Commissioners Court shall serve terms expiring
56-41 February 1, 2004; and
56-42 (3) the two initial directors appointed by the
56-43 Wilbarger County Commissioners Court shall serve terms expiring
56-44 February 1, 2006.
56-45 SECTION 3.1107. CONFIRMATION ELECTION. (a) The board of
56-46 directors shall call and hold an election to confirm the
56-47 establishment of the district.
56-48 (b) Section 41.001(a), Election Code, does not apply to a
56-49 confirmation election held as provided by this section.
56-50 (c) Except as provided by this section, a confirmation
56-51 election must be conducted as provided by Sections 36.017(b)-(h),
56-52 Water Code, and the Election Code.
56-53 SECTION 3.1108. TAXING AUTHORITY. The district may levy and
56-54 collect an ad valorem tax in the district at a rate not to exceed
56-55 one cent on each $100 of assessed valuation.
56-56 SECTION 3.1109. EXPIRATION. If the creation of the district
56-57 is not confirmed at a confirmation election held under Section
56-58 3.1107 of this part before September 1, 2003, this part expires on
56-59 that date.
56-60 ARTICLE 4. WATER INFRASTRUCTURE FINANCING
56-61 SECTION 4.01. Chapter 15, Water Code, is amended by adding
56-62 Subchapter O to read as follows:
56-63 SUBCHAPTER O. WATER INFRASTRUCTURE FUND
56-64 Sec. 15.901. DEFINITIONS. In this subchapter:
56-65 (1) "Eligible political subdivision" means:
56-66 (A) a municipality;
56-67 (B) a county;
56-68 (C) a river authority or special law district
56-69 that is listed in Section 9.010(b);
57-1 (D) a water improvement district;
57-2 (E) an irrigation district;
57-3 (F) a water control and improvement district;
57-4 and
57-5 (G) a groundwater district with a groundwater
57-6 management plan certified by the board under Section 36.1072.
57-7 (2) "Fund" means the water infrastructure fund.
57-8 (3) "Metropolitan statistical area" means an area so
57-9 designated by the United States Office of Management and Budget.
57-10 (4) "Political subdivision bonds" means bonds or other
57-11 obligations issued by a political subdivision to fund a project and
57-12 purchased by the board from money in the fund.
57-13 (5) "Project" means any undertaking or work, including
57-14 planning and design activities and work to obtain regulatory
57-15 authority, to conserve, mitigate, convey, and develop water
57-16 resources of the state, including any undertaking or work done
57-17 outside the state that the board determines will result in water
57-18 being available for use in or for the benefit of the state.
57-19 Sec. 15.902. FINDINGS. The legislature finds that:
57-20 (1) the creation of the fund and the administration of
57-21 the fund by the board will encourage the conservation and
57-22 development of the water resources of the state;
57-23 (2) the use of the fund is in furtherance of the
57-24 public purpose of conserving and developing the water resources of
57-25 the state; and
57-26 (3) the use of the fund for the purposes provided by
57-27 this subchapter is for the benefit of both the state and the
57-28 political subdivisions to which the board makes financial
57-29 assistance available in accordance with this subchapter and
57-30 constitutes a program under, and is in furtherance of the public
57-31 purposes set forth in, Section 52-a, Article III, Texas
57-32 Constitution.
57-33 Sec. 15.903. WATER INFRASTRUCTURE FUND. (a) The water
57-34 infrastructure fund is created as a special account in the general
57-35 revenue fund to be administered by the board under this subchapter
57-36 and under rules adopted by the board. The fund shall be available
57-37 to fund the implementation of water projects recommended through
57-38 the state and regional water planning processes under Sections
57-39 16.051 and 16.053.
57-40 (b) The fund consists of:
57-41 (1) appropriations from the legislature;
57-42 (2) the water fee, as provided by Section 15.013;
57-43 (3) any other fees or sources of revenue that the
57-44 legislature may dedicate for deposit to the fund;
57-45 (4) repayments of loans made from the fund;
57-46 (5) interest earned on money credited to the fund;
57-47 (6) depository interest allocable to the fund in the
57-48 general revenue fund;
57-49 (7) money from gifts, grants, or donations to the
57-50 fund;
57-51 (8) money from revenue bonds or other sources
57-52 designated by the board; and
57-53 (9) proceeds from the sale of any political
57-54 subdivision bonds or obligations held in the fund and not otherwise
57-55 pledged to the discharge, repayment, or redemption of revenue bonds
57-56 or other bonds, the proceeds of which were placed in the fund.
57-57 Sec. 15.904. USE OF WATER INFRASTRUCTURE FUND. (a) The
57-58 board may use the fund:
57-59 (1) to make loans to political subdivisions at or
57-60 below market interest rates for projects;
57-61 (2) to make grants, low-interest loans, or zero
57-62 interest loans to political subdivisions for projects to serve
57-63 areas outside metropolitan statistical areas in order to ensure
57-64 that the projects are implemented, or for projects to serve
57-65 economically distressed areas;
57-66 (3) to make loans at or below market interest rates
57-67 for planning and design costs, permitting costs, and other costs
57-68 associated with state or federal regulatory activities with respect
57-69 to a project;
58-1 (4) as a source of revenue or security for the payment
58-2 of principal and interest on bonds issued by the board if the
58-3 proceeds of the sale of the bonds will be deposited in the fund;
58-4 and
58-5 (5) to pay the necessary and reasonable expenses of
58-6 the board in administering the fund.
58-7 (b) Funding under Subsection (a)(2) or under Subsection
58-8 (a)(3) may not exceed 10 percent of the amount of financial
58-9 assistance budgeted by the board to be made available from the fund
58-10 in a fiscal year.
58-11 (c) Principal and interest payments on loans made under
58-12 Subsection (a)(3) may be deferred for a maximum of 10 years or
58-13 until construction of the project is completed, whichever is
58-14 earlier.
58-15 Sec. 15.905. APPROVAL OF APPLICATIONS. (a) On review and
58-16 recommendation by the executive administrator, the board by
58-17 resolution may approve an application if the board finds that:
58-18 (1) the application and the assistance applied for
58-19 meet the requirements of this subchapter and board rules;
58-20 (2) the revenue or taxes, or both the revenue and
58-21 taxes, pledged by the applicant will be sufficient to meet all the
58-22 obligations assumed by the political subdivision; and
58-23 (3) the project will meet water needs in a manner
58-24 consistent with the state and regional water plans as required by
58-25 Section 16.053(j).
58-26 (b) For an application under this subchapter, a program of
58-27 water conservation through a more effective use of water shall be
58-28 required in the same manner as for approval of an application for
58-29 financial assistance under Section 15.106.
58-30 (c) The board may deliver funds for the portion of a loan or
58-31 grant for a project relating to surface water development, other
58-32 than for planning and design costs, permitting costs, and other
58-33 costs associated with federal and state regulatory activities with
58-34 respect to a project, only if the executive administrator makes a
58-35 written finding:
58-36 (1) that the applicant proposing surface water
58-37 development has the necessary water rights authorizing it to
58-38 appropriate and use the water that the project will provide; or
58-39 (2) that an applicant proposing groundwater
58-40 development has the right to use water that the project will
58-41 provide.
58-42 Sec. 15.906. APPLICABLE PROVISIONS. The provisions of
58-43 Subchapter E, Chapter 17, apply to financial assistance made
58-44 available from the fund; provided, however, that the board may also
58-45 execute contracts as necessary to evidence grant agreements.
58-46 Sec. 15.907. RULES. The board shall adopt rules necessary
58-47 to carry out this subchapter, including rules establishing
58-48 procedures for application for and for the award of financial
58-49 assistance, for the investment of funds, and for the administration
58-50 of the fund.
58-51 Sec. 15.908. SALE OF POLITICAL SUBDIVISION BONDS. (a) The
58-52 board may sell or dispose of political subdivision bonds at the
58-53 price and under the terms that the board determines to be
58-54 reasonable.
58-55 (b) The board may sell political subdivision bonds without
58-56 making a previous offer to the political subdivision that issued
58-57 the bonds and without advertising, soliciting, or receiving bids
58-58 for sale.
58-59 (c) Notwithstanding other provisions of this chapter, the
58-60 board may sell to the Texas Water Resources Finance Authority any
58-61 political subdivision bonds purchased with money in the fund and
58-62 may apply the proceeds of a sale in the manner provided by this
58-63 section.
58-64 (d) Proceeds from the sale of political subdivision bonds
58-65 under this section shall be deposited in the fund for use as
58-66 provided by Section 15.904.
58-67 (e) As part of a sales agreement with the Texas Water
58-68 Resources Finance Authority, the board by contract may agree to
58-69 perform the functions required to ensure that the political
59-1 subdivision pays the debt service on political subdivision bonds
59-2 sold and observes the conditions and requirements stated in those
59-3 bonds.
59-4 (f) The board may exercise any powers necessary to carry out
59-5 the authority granted by this section, including the authority to
59-6 contract with any person to accomplish the purposes of this
59-7 section.
59-8 Sec. 15.909. FUNDING FOR LOCAL ECONOMIC DEVELOPMENT.
59-9 (a) The board may use the fund to provide financial assistance to
59-10 an eligible political subdivision to enable the political
59-11 subdivision to fund loans and grants for projects that develop and
59-12 diversify its local economy, consistent with the terms and
59-13 conditions set forth in a program adopted by the governing body of
59-14 the political subdivision under authority granted by Section
59-15 15.910.
59-16 (b) The board may not purchase political subdivision bonds
59-17 issued for the purposes described by Subsection (a) that are
59-18 secured in whole or in part by a pledge of ad valorem taxes unless
59-19 the political subdivision submits evidence satisfactory to the
59-20 board that the issuance of the bonds has been approved by the
59-21 citizens of the political subdivision voting at an election held
59-22 for the purposes described in Section 15.910.
59-23 Sec. 15.910. AUTHORITY TO ESTABLISH ECONOMIC DEVELOPMENT
59-24 PROGRAMS. (a) An eligible political subdivision may establish
59-25 economic development programs and make loans and grants of public
59-26 funds to assist in providing projects within the political
59-27 subdivision. The authority granted to a political subdivision to
59-28 make loans and grants in accordance with this section constitutes a
59-29 program in furtherance of the public purposes provided by Section
59-30 52-a, Article III, Texas Constitution.
59-31 (b) Financial assistance received from the fund may be used
59-32 by an eligible political subdivision to make loans or grants to
59-33 persons for projects that the political subdivision finds will
59-34 conserve and develop the water resources of the political
59-35 subdivision and assist in diversifying and developing the economy
59-36 of the political subdivision and the state.
59-37 (c) In exercising the authority granted by this section, the
59-38 governing body of an eligible political subdivision may determine
59-39 the terms and conditions governing the loan or grant of money and
59-40 determine whether to approve an agreement with a person who
59-41 receives a loan or grant.
59-42 Sec. 15.911. An eligible political subdivision may not sell
59-43 or incur obligations to fund an economic development program
59-44 established under authority granted by Section 15.910 that are
59-45 payable in whole or in part from ad valorem taxes unless the
59-46 residents of the political subdivision, voting at an election held
59-47 for the purpose, approve the issuance of obligations to fund an
59-48 economic development program for the provision of loans or grants
59-49 to persons to construct projects that will conserve and develop the
59-50 water resources of the political subdivision and assist in
59-51 developing and diversifying the local economy.
59-52 SECTION 4.02. Chapter 15, Water Code, is amended by adding
59-53 Subchapter P to read as follows:
59-54 SUBCHAPTER P. RURAL WATER ASSISTANCE FUND
59-55 Sec. 15.951. PURPOSE. The legislature finds that the rural
59-56 areas of the state, characterized by small populations extended
59-57 over disproportionately large service areas, require a means of
59-58 financing water projects in addition to those established by other
59-59 provisions of this chapter.
59-60 Sec. 15.952. DEFINITIONS. In this subchapter:
59-61 (1) "Federal agency" means an agency or other entity
59-62 of the United States Department of Agriculture or an agency or
59-63 entity that is acting through or on behalf of that department.
59-64 (2) "Fund" means the rural water assistance fund
59-65 established under this subchapter.
59-66 (3) "Rural political subdivision" means:
59-67 (A) a nonprofit water supply or sewer service
59-68 corporation, district, or municipality with a service area of
59-69 10,000 or less in population or that otherwise qualifies for
60-1 financing from a federal agency; or
60-2 (B) a county in which no urban area exceeds
60-3 50,000 in population.
60-4 (4) "State agency" means an agency or other entity of
60-5 the state, including the Department of Agriculture and the Texas
60-6 Department of Housing and Community Affairs and any agency or
60-7 authority that is acting through or on behalf of the Department of
60-8 Agriculture or the Texas Department of Housing and Community
60-9 Affairs.
60-10 Sec. 15.953. CREATION OF FUND. The rural water assistance
60-11 fund is created as a special account in the general revenue fund.
60-12 The fund consists of:
60-13 (1) money directly appropriated to the board;
60-14 (2) repayment of principal and interest from loans
60-15 made from the fund not otherwise needed as a source of revenue
60-16 pursuant to Section 17.9615(b);
60-17 (3) money transferred by the board from any and all
60-18 sources available; and
60-19 (4) interest earned on the investment of money in the
60-20 fund and depository interest allocable to the fund in the general
60-21 revenue fund.
60-22 Sec. 15.954. USE OF FUND. (a) The fund may be used to
60-23 provide low-interest loans to rural political subdivisions for
60-24 water or water-related projects, including the purchase of well
60-25 fields, the purchase or lease of rights to produce groundwater, and
60-26 interim financing of construction projects.
60-27 (b) The fund may be used to enable a rural political
60-28 subdivision to obtain water supplied by larger political
60-29 subdivisions or to finance the consolidation or regionalizing of
60-30 neighboring political subdivisions, or both.
60-31 (c) The fund may be used to finance an outreach and
60-32 technical assistance program to assist rural political subdivisions
60-33 in obtaining assistance through the fund. The board may use money
60-34 in the fund to contract for such outreach and technical assistance.
60-35 (d) The fund may be used to buy down interest rates on
60-36 loans.
60-37 (e) A rural political subdivision may enter into an
60-38 agreement with a federal agency or a state agency to submit a joint
60-39 application for financial assistance under this subchapter.
60-40 (f) A nonprofit water supply or sewer service corporation is
60-41 exempt from payment of any sales tax that may be incurred under
60-42 other law or ordinance for any project financed by the fund.
60-43 (g) The fund may be used as a source of revenue for the
60-44 payment of principal and interest on water financial assistance
60-45 bonds issued by the board if the proceeds of the sale of these
60-46 bonds will be deposited into the rural water assistance fund.
60-47 Sec. 15.955. FINANCIAL ASSISTANCE. (a) The board shall
60-48 adopt rules necessary to administer this subchapter, including
60-49 rules establishing procedures for the application for and award of
60-50 loans, the distribution of loans, the investment of funds, and the
60-51 administration of loans and the fund.
60-52 (b) The board may not release from the fund money for the
60-53 construction phase of portions of projects proposing surface water
60-54 or groundwater development until the executive administrator makes
60-55 a written finding:
60-56 (1) that a rural political subdivision proposing
60-57 surface water development has the necessary water right authorizing
60-58 it to appropriate and use the water that the project will provide;
60-59 or
60-60 (2) that a rural political subdivision proposing
60-61 groundwater development has the right to use water that the project
60-62 will provide.
60-63 (c) In passing on an application from a rural political
60-64 subdivision for financial assistance, the board shall consider:
60-65 (1) the needs of the area to be served by the project,
60-66 the benefit of the project to the area, the relationship of the
60-67 project to the overall state water needs, and the relationship of
60-68 the project to the state water plan; and
60-69 (2) the availability of revenue to the rural political
61-1 subdivision from all sources for the ultimate repayment of the cost
61-2 of the water supply project, including all interest.
61-3 (d) The board by resolution may approve an application if,
61-4 after considering the factors listed in Subsection (c) and other
61-5 relevant factors, the board finds:
61-6 (1) that the public interest is served by state
61-7 assistance in the project; and
61-8 (2) that the revenue or taxes pledged by the rural
61-9 political subdivision will be sufficient to meet all the
61-10 obligations assumed by the rural political subdivision during the
61-11 succeeding period of not more than 50 years.
61-12 (e) A program of water conservation for the more efficient
61-13 use of water shall be required in the same manner as required for
61-14 approval of an application for financial assistance under Section
61-15 15.106.
61-16 (f) Sections 17.183-17.187 apply to the construction of
61-17 projects funded pursuant to this subchapter.
61-18 SECTION 4.03. Subchapter B, Chapter 15, Water Code, is
61-19 amended by adding Section 15.013 to read as follows:
61-20 Sec. 15.013. WATER FEE. (a) Each county shall annually
61-21 remit to the comptroller for deposit to the water infrastructure
61-22 fund a water fee in an amount equal to one dollar per county
61-23 resident as determined by the most recent federal census.
61-24 (b) A county may collect this fee from its residents in a
61-25 manner and in amounts determined by the county.
61-26 (c) The commissioners court of a county may assess a
61-27 surcharge on the sale of bottled water in the county to recover the
61-28 fee. The surcharge shall be collected at the point of retail sale
61-29 of bottled water and remitted to the county. The commissioners
61-30 court may adopt regulations to collect the surcharge. A violation
61-31 of a regulation adopted under this subsection is punishable as a
61-32 Class C misdemeanor.
61-33 SECTION 4.04. Subsection (j), Section 5.235, Water Code, is
61-34 amended to read as follows:
61-35 (j) The fee for other uses of water not specifically named
61-36 in this section is $1 per acre-foot, except that no political
61-37 subdivision may be required to pay fees to use water for recharge
61-38 of underground freshwater-bearing sands and aquifers or for
61-39 abatement of natural pollution. This fee is waived for
61-40 applications for instream-use water rights deposited into the Texas
61-41 Water Trust.
61-42 SECTION 4.05. Section 15.001, Water Code, is amended by
61-43 adding Subdivision (12) to read as follows:
61-44 (12) "Regionalization" means development of a water
61-45 supply or wastewater collection and treatment system that
61-46 incorporates multiple service areas into an areawide service
61-47 facility or any such system that serves an area that includes more
61-48 than a single county, city, special district, or other political
61-49 subdivision of the state.
61-50 SECTION 4.06. Subsection (a), Section 15.002, Water Code, is
61-51 amended to read as follows:
61-52 (a) The legislature finds that it is in the public interest
61-53 and to the benefit of the general public of the state to encourage
61-54 and to assist in the planning and construction of projects to
61-55 develop and conserve the storm water and floodwater as well as the
61-56 ordinary flows of the rivers and streams of the state, to maintain
61-57 and enhance the quality of the water of the state, to provide
61-58 protection to the state's citizens from the floodwater of the
61-59 rivers and streams of the state, to provide drainage, subsidence
61-60 control, public beach nourishment, recharge, chloride control,
61-61 brush control, weather modification, regionalization, and
61-62 desalination [desalinization], to provide for the management of
61-63 aquatic vegetation, and other purposes as provided by law or board
61-64 rule.
61-65 SECTION 4.07. Subsection (b), Section 15.011, Water Code, is
61-66 amended to read as follows:
61-67 (b) After notice and hearing and subject to any limitations
61-68 established by the General Appropriations Act, the board may
61-69 transfer money from the fund to the loan fund created under
62-1 Subchapter C of this chapter, the storage acquisition fund created
62-2 under Subchapter E of this chapter, the research and planning fund
62-3 created under Subchapter F of this chapter, the hydrographic survey
62-4 account created under Subchapter M of this chapter, provided the
62-5 hydrographic survey account transfer does not exceed $425,000,
62-6 [and] the aquatic vegetation management fund created under
62-7 Subchapter N of this chapter, and the rural water assistance fund
62-8 created under Subchapter P.
62-9 SECTION 4.08. Subsections (a) and (b), Section 15.102, Water
62-10 Code, are amended to read as follows:
62-11 (a) The loan fund may be used by the board to provide loans
62-12 of financial assistance to political subdivisions, federal
62-13 agencies, or both political subdivisions and federal agencies
62-14 acting jointly for the construction, acquisition, improvement, or
62-15 enlargement of projects involving water conservation, water
62-16 development, or water quality enhancement, providing nonstructural
62-17 and structural flood control, or drainage, project recreation lands
62-18 and revenue-generating recreational improvements within any
62-19 watershed, or providing recharge, chloride control, subsidence
62-20 control, brush control, weather modification, regionalization, or
62-21 desalination [desalinization] as provided by legislative
62-22 appropriations, this chapter, and the board rules.
62-23 (b) The loan fund may also be used by the board to provide
62-24 grants for:
62-25 (1) projects that include supplying water and
62-26 wastewater services in economically distressed areas, including
62-27 projects involving retail distribution of those services; and
62-28 (2) desalination, brush control, weather modification,
62-29 regionalization, and projects providing regional water quality
62-30 enhancement services as defined by board rule, including regional
62-31 conveyance systems.
62-32 SECTION 4.09. Section 15.105, Water Code, is amended to read
62-33 as follows:
62-34 Sec. 15.105. CONSIDERATIONS IN PASSING ON APPLICATION. In
62-35 passing on an application for financial assistance from the loan
62-36 fund, the board shall consider but is not limited to:
62-37 (1) the needs of the area to be served by the project
62-38 and the benefit of the project to the area in relation to the needs
62-39 of other areas requiring state assistance in any manner and the
62-40 benefits of those projects to the other areas;
62-41 (2) the availability of revenue to the applicant from
62-42 all sources for the ultimate repayment of the cost of the project,
62-43 including all interest;
62-44 (3) the relationship of the project to overall
62-45 statewide needs;
62-46 (4) the ability of the applicant to finance the
62-47 project without state assistance; [and]
62-48 (5) for applications for grants for economically
62-49 distressed areas, the regulatory efforts by the county in which the
62-50 project is located to control the construction of subdivisions that
62-51 lack basic utility services; and
62-52 (6) for applications for grants under Section
62-53 15.102(b)(2), the ability of the applicant to construct the project
62-54 without the grant, and the benefits of the project to water and
62-55 wastewater needs of the state. The board shall pass rules which
62-56 shall further define the eligibility of grants under this
62-57 subchapter.
62-58 SECTION 4.10. Subsection (a), Section 15.106, Water Code, is
62-59 amended to read as follows:
62-60 (a) The board, by resolution, may approve an application for
62-61 financial assistance [a loan] if after considering the factors
62-62 listed in Section 15.105 of this code and any other relevant
62-63 factors, the board finds:
62-64 (1) that the public interest requires state
62-65 participation in the project; and
62-66 (2) that in its opinion the revenue or taxes pledged
62-67 by the political subdivision will be sufficient to meet all the
62-68 obligations assumed by the political subdivision.
62-69 SECTION 4.11. Section 15.107, Water Code, is amended to read
63-1 as follows:
63-2 Sec. 15.107. METHOD OF MAKING [LOANS OF] FINANCIAL
63-3 ASSISTANCE AVAILABLE. (a) The board may make financial assistance
63-4 available to successful applicants in any manner that it considers
63-5 economically feasible including:
63-6 (1) contracts or agreements with a political
63-7 subdivision for the payment of the principal of or interest on or
63-8 both the principal of and interest on bonds or other obligations
63-9 issued or to be issued by the political subdivision;
63-10 (2) contracts or agreements with a political
63-11 subdivision for the purpose of providing the political
63-12 subdivision's share of any cost-sharing required as a participant
63-13 in or local sponsor of any federal project; [or]
63-14 (3) purchase of the bonds or other obligations of a
63-15 political subdivision for the purpose of completely or partially
63-16 financing the project for which the application is being submitted;
63-17 or
63-18 (4) contracts or agreements for the receipt of funds
63-19 and performance of obligations in relation to any grant of funds
63-20 provided by the board.
63-21 (b) Contracts or agreements entered into under Subdivision
63-22 (1) of Subsection (a) of this section may cover all or any part of
63-23 the debt service requirements in a given year and may cover debt
63-24 service requirements in as many years of an issue as the board
63-25 considers appropriate.
63-26 (c) In a determination on a loan for financial assistance,
63-27 the board may approve interest deferral or the capitalization of
63-28 interest costs and may approve periods of repayment for the loans
63-29 of up to 50 years.
63-30 SECTION 4.12. Section 15.434, Water Code, is amended to read
63-31 as follows:
63-32 Sec. 15.434. USE OF MONEY IN FUND. Money deposited to the
63-33 credit of the agricultural soil and water conservation fund, on
63-34 appropriation by the legislature to the board, the Department of
63-35 Agriculture, the State Soil and Water Conservation Board, the Texas
63-36 Agricultural Experiment Station, the Texas Agricultural Extension
63-37 Service, public colleges and universities, and other state agencies
63-38 shall be used for the following purposes:
63-39 (1) agricultural water conservation technical
63-40 assistance programs;
63-41 (2) agricultural water conservation, education, and
63-42 demonstration programs;
63-43 (3) purchase of equipment, including demonstration and
63-44 educational equipment;
63-45 (4) grants made to groundwater [underground water]
63-46 conservation districts and political subdivisions for the purchase
63-47 of equipment under programs established by Subchapter H of this
63-48 chapter;
63-49 (5) research in water utilization and conservation
63-50 including artificial recharge and secondary recovery of groundwater
63-51 [underground water];
63-52 (6) desalination [desalinization];
63-53 (7) weather modification;
63-54 (8) technical assistance programs for developing
63-55 on-farm soil and water conservation plans developed jointly by
63-56 landowners and operators and local soil and water conservation
63-57 districts, as provided by Subchapter H, Chapter 201, Agriculture
63-58 Code;
63-59 (9) research and demonstration relating to the
63-60 production of native and low-water-use plants and water-efficient
63-61 crops;
63-62 (10) a pilot program for low-interest loans for the
63-63 purchase of agricultural water conservation systems established by
63-64 Subchapter I of this chapter; [and]
63-65 (11) research, demonstration, and education relating
63-66 to brush control; and
63-67 (12) regionalization designed to promote agricultural
63-68 water conservation.
63-69 SECTION 4.13. Section 15.471, Water Code, is amended to read
64-1 as follows:
64-2 Sec. 15.471. GRANTS; PURPOSES. The board may make grants of
64-3 money to groundwater [underground water] conservation districts, to
64-4 political subdivisions, and to other districts created under
64-5 Article III, Sections 52(b)(1) and (2), or Article XVI, Section 59,
64-6 of the Texas Constitution for purchasing equipment required for:
64-7 (1) measurement and evaluation of irrigation systems
64-8 and agricultural water conservation practices on irrigated land,
64-9 dryland, and rangeland;
64-10 (2) demonstration of efficient irrigation systems and
64-11 agricultural water conservation practices on irrigated land,
64-12 dryland, and rangeland;
64-13 (3) testing and evaluation of water quality and the
64-14 suitability of water from groundwater or surface water resources
64-15 for irrigation, rural domestic use, livestock, or agricultural
64-16 industry use;
64-17 (4) demonstration of efficient or sound chemical
64-18 application and evaluation or demonstration of systems which will
64-19 prevent contamination of groundwater and surface water from
64-20 chemicals and other substances used in agriculture; or
64-21 (5) measurement and data collection related to the
64-22 conservation of groundwater resources.
64-23 SECTION 4.14. Section 15.602, Water Code, is amended by
64-24 adding a new Subdivision (8) and redesignating existing
64-25 Subdivisions (8) through (14) to read as follows:
64-26 (8) "Person" means an individual, corporation,
64-27 partnership, association, state, municipality, commission, or
64-28 political subdivision of a state or any interstate body, as defined
64-29 by Section 502 of the federal act, including a political
64-30 subdivision as defined by this subchapter, if the person is
64-31 eligible for financial assistance under federal law establishing
64-32 the revolving fund.
64-33 (9) "Political subdivision" means a municipality,
64-34 intermunicipal, interstate, or state agency, any other public
64-35 entity eligible for assistance under this subchapter, or a
64-36 nonprofit water supply corporation created and operating under
64-37 Chapter 67, if such entity is eligible for financial assistance
64-38 under federal law establishing the state revolving fund or an
64-39 additional state revolving fund.
64-40 (10) [(9)] "Public water system" means a system that
64-41 is owned by any person and that meets the definition of public
64-42 water system in the Safe Drinking Water Act.
64-43 (11) [(10)] "Public works" means any project to
64-44 acquire, construct, improve, repair, or otherwise provide any
64-45 buildings, structures, facilities, equipment, or other real or
64-46 personal property or improvements designed for public use,
64-47 protection, or enjoyment undertaken by a political subdivision and
64-48 paid for, in whole or in part, out of public funds.
64-49 (12) [(11)] "Revolving fund" means the state water
64-50 pollution control revolving fund.
64-51 (13) [(12)] "Safe Drinking Water Act" means Title XIV
64-52 of the federal Public Health Service Act, commonly known as the
64-53 Safe Drinking Water Act, as amended (42 U.S.C. Section 300f et
64-54 seq.).
64-55 (14) [(13)] "Safe drinking water revolving fund" means
64-56 the fund established by the board as an additional state revolving
64-57 fund to provide financial assistance in accordance with the federal
64-58 program established pursuant to the provisions of the Safe Drinking
64-59 Water Act.
64-60 (15) [(14)] "Treatment works" has the meaning
64-61 established by the federal act and the eligible components of the
64-62 management programs established by Sections 319 and 320 of the
64-63 federal act.
64-64 SECTION 4.15. Subsection (a), Section 15.603, Water Code, is
64-65 amended to read as follows:
64-66 (a) The revolving fund is held separately from other funds
64-67 by the board outside the State Treasury to provide financial
64-68 assistance to political subdivisions for construction of treatment
64-69 works and to persons for nonpoint source pollution control and
65-1 estuary management projects.
65-2 SECTION 4.16. Subsection (a), Section 15.604, Water Code, is
65-3 amended to read as follows:
65-4 (a) The board may use the revolving fund for financial
65-5 assistance only as provided by the federal act:
65-6 (1) to make loans, on the conditions that:
65-7 (A) those loans are made at or below market
65-8 interest rates, including interest-free loans, at terms not to
65-9 exceed 20 years;
65-10 (B) principal and interest payments will begin
65-11 not later than one year after completion of any treatment works and
65-12 all loans will be fully amortized not later than 20 years after
65-13 completion of the treatment works;
65-14 (C) the recipient of a loan will establish a
65-15 dedicated source of revenue for repayment of loans; and
65-16 (D) the revolving fund will be credited with all
65-17 payments of principal of and interest on all loans;
65-18 (2) to buy or refinance the debt obligation of
65-19 political subdivisions at or below market rates if the debt
65-20 obligations were incurred after March 7, 1985;
65-21 (3) to guarantee or purchase insurance for political
65-22 subdivisions if the guarantee or insurance would improve access to
65-23 market credit or reduce interest rates;
65-24 (4) as a source of revenue or security for the payment
65-25 of principal and interest on bonds issued by the state if the
65-26 proceeds of the sale of those bonds will be deposited in the
65-27 revolving fund;
65-28 (5) to provide loan guarantees to similar revolving
65-29 funds established by municipalities or intermunicipal agencies;
65-30 (6) to earn interest on revolving fund accounts;
65-31 (7) for the reasonable costs of administering the
65-32 revolving fund and conducting activities provided for by Title VI
65-33 of the federal act, except that those amounts may not exceed the
65-34 amount authorized under Title VI of the federal act; [and]
65-35 (8) to provide financial assistance to persons for a
65-36 nonpoint source pollution control project pursuant to Section 319
65-37 of the federal act or for an estuary management project pursuant to
65-38 Section 320 of the federal act; and
65-39 (9) for other purposes as provided by the federal act.
65-40 SECTION 4.17. Section 15.607, Water Code, is amended to read
65-41 as follows:
65-42 Sec. 15.607. APPROVAL OF APPLICATION. On review of
65-43 recommendations by the executive administrator, the board by
65-44 resolution may approve an application if the board finds that in
65-45 its opinion the revenue or taxes or both revenue and taxes pledged
65-46 by the applicant will be sufficient to meet all the obligations
65-47 assumed by the applicant [political subdivision] and that the
65-48 application and assistance applied for meet the requirements of the
65-49 federal act and state law. A program of water conservation for the
65-50 more effective use of water shall be required in the same manner as
65-51 required for approval of an application for financial assistance
65-52 under Section 15.106 of this code.
65-53 SECTION 4.18. Subchapter C, Chapter 16, Water Code, is
65-54 amended by adding Section 16.059 to read as follows:
65-55 Sec. 16.059. COLLECTION OF INSTREAM FLOW DATA; CONDUCT OF
65-56 STUDIES. (a) The Parks and Wildlife Department and the board, in
65-57 cooperation with other appropriate governmental agencies, shall
65-58 jointly establish and continuously maintain an instream flow data
65-59 collection and evaluation program and shall conduct studies and
65-60 analyses to determine flow conditions in the state's rivers and
65-61 streams necessary to support a sound ecological environment.
65-62 (b) The Parks and Wildlife Department and the board shall
65-63 each designate an employee to share equally in the oversight of the
65-64 program studies. Other responsibilities shall be divided between
65-65 the Parks and Wildlife Department and the board to maximize present
65-66 in-house capabilities of personnel and equipment and to minimize
65-67 costs to the state.
65-68 (c) The Parks and Wildlife Department and the board shall
65-69 each have reasonable access to all data, studies, analyses,
66-1 information, and reports produced by the other agency.
66-2 (d) The priority studies shall be completed not later than
66-3 December 31, 2010. The Parks and Wildlife Department and the board
66-4 shall establish a work plan that prioritizes the studies and that
66-5 sets interim deadlines providing for publication of flow
66-6 determinations for individual rivers and streams on a reasonably
66-7 consistent basis throughout the prescribed study period. Before
66-8 publication, completed studies shall be submitted for comment to
66-9 both the board and the Parks and Wildlife Department.
66-10 (e) Results of studies completed under this section shall be
66-11 considered by the commission in its review of any management plan,
66-12 water right, or interbasin transfer.
66-13 (f) The board may authorize the use of money from the
66-14 research and planning fund established under Chapter 15 to
66-15 accomplish the purposes of this section. The money shall be used
66-16 by the board in cooperation with the Parks and Wildlife Department
66-17 for interagency contracts with cooperating agencies and
66-18 universities and contracts with private sector establishments, as
66-19 necessary, to accomplish the purposes of this section.
66-20 SECTION 4.19. Subsection (c), Section 17.853, Water Code, is
66-21 amended to read as follows:
66-22 (c) The board may use the fund only:
66-23 (1) to provide state matching funds for federal funds
66-24 provided to the state water pollution control revolving fund or to
66-25 any additional state revolving fund created under Subchapter J,
66-26 Chapter 15;
66-27 (2) to provide financial assistance from the proceeds
66-28 of taxable bond issues to water supply corporations organized under
66-29 Chapter 67, and other participants;
66-30 (3) to provide financial assistance to participants
66-31 for the construction of water supply projects and treatment works;
66-32 (4) to provide financial assistance for an interim
66-33 construction period to participants for projects for which the
66-34 board will provide long-term financing through the water
66-35 development fund; [and]
66-36 (5) to provide financial assistance for water supply
66-37 and sewer service projects in economically distressed areas as
66-38 provided by Subchapter K, Chapter 17, to the extent the board can
66-39 make that assistance without adversely affecting the current or
66-40 future integrity of the fund or of any other financial assistance
66-41 program of the board; and
66-42 (6) to provide funds to the water infrastructure fund
66-43 created under Section 15.903.
66-44 SECTION 4.20. Subdivisions (2) and (6), Section 17.871,
66-45 Water Code, are amended to read as follows:
66-46 (2) "Borrower district" means a political subdivision,
66-47 including a district or authority created under Article III,
66-48 Sections 52(b)(1) and (2), or Article XVI, Section 59, of the Texas
66-49 Constitution, that receives or is eligible to receive a
66-50 conservation loan from the board for a purpose described by Section
66-51 17.895 or 17.8955 [improvement to district facilities].
66-52 (6) "Lender district" means a political subdivision,
66-53 including a soil and water conservation district under Chapter 201,
66-54 Agriculture Code, a groundwater [an underground water] conservation
66-55 district created under Article XVI, Section 59, of the Texas
66-56 Constitution, or a district or authority created under Article III,
66-57 Section 52(b)(1), or Article XVI, Section 59, of the Texas
66-58 Constitution authorized to supply water for irrigation purposes,
66-59 that is eligible to receive or that receives a loan from the board
66-60 for the purpose of making conservation loans to individual
66-61 borrowers.
66-62 SECTION 4.21. Section 17.895, Water Code, is amended to read
66-63 as follows:
66-64 Sec. 17.895. CONSERVATION LOANS. (a) This section applies
66-65 only to a conservation loan from a lender district that is:
66-66 (1) a soil and water conservation district under
66-67 Chapter 201, Agriculture Code;
66-68 (2) a groundwater conservation district created under
66-69 Section 59, Article XVI, Texas Constitution; or
67-1 (3) a district or authority created under Section
67-2 52(b)(1), Article III, or Section 59, Article XVI, Texas
67-3 Constitution.
67-4 (b) The board or a lender district [districts] may make
67-5 conservation loans for capital equipment or materials, labor,
67-6 preparation costs, and installation costs:
67-7 (1) to improve water use efficiency of water delivery
67-8 and application on existing irrigation systems;
67-9 (2) for preparing irrigated land to be converted to
67-10 dryland conditions; and
67-11 (3) for preparing dryland for more efficient use of
67-12 natural precipitation[;]
67-13 [(4) for preparing and maintaining land to be used for
67-14 brush control activities, including but not limited to activities
67-15 conducted pursuant to Chapter 203, Agriculture Code; or]
67-16 [(5) for implementing precipitation enhancement
67-17 activities in areas of the state where such activities would be, in
67-18 the board's judgment, most effective].
67-19 (c) [(b)] Conservation loans for the purposes listed in
67-20 Subsection (b) [(a)] may be made by lender districts to individual
67-21 borrowers for use on private property or by the board to borrower
67-22 districts [for use on district facilities].
67-23 (d) [(c)] The board may make conservation loans to borrower
67-24 districts for the cost of purchasing and installing devices, on
67-25 public or private property, designed to indicate the amount of
67-26 water withdrawn for irrigation purposes.
67-27 (e) [(d)] For purposes of this section, the board or lender
67-28 districts may seek the advice of the Department of Agriculture
67-29 regarding the feasibility of a project for which a conservation
67-30 loan is sought.
67-31 SECTION 4.22. Subchapter J, Chapter 17, Water Code, is
67-32 amended by adding Section 17.8955 to read as follows:
67-33 Sec. 17.8955. CONSERVATION LOANS FOR BRUSH CONTROL AND
67-34 PRECIPITATION ENHANCEMENT. (a) The board or a lender district may
67-35 make a conservation loan for capital equipment or materials, labor,
67-36 preparation costs, and installation costs for:
67-37 (1) preparing and maintaining land to be used for
67-38 brush control activities, including activities conducted under
67-39 Chapter 203, Agriculture Code; or
67-40 (2) implementing precipitation enhancement activities
67-41 in areas of the state where those activities would be, in the
67-42 board's judgment, most effective.
67-43 (b) A conservation loan for a purpose listed in Subsection
67-44 (a) may be made by a lender district to an individual borrower for
67-45 use on private property or by the board to a borrower district.
67-46 SECTION 4.23. Subchapter L, Chapter 17, Water Code, is
67-47 amended by adding Section 17.9615 to read as follows:
67-48 Sec. 17.9615. TRANSFERS TO RURAL WATER ASSISTANCE FUND.
67-49 (a) The board may direct the comptroller to transfer amounts from
67-50 the financial assistance account to the rural water assistance fund
67-51 created by Subchapter P, Chapter 15, to provide financial
67-52 assistance pursuant to this subchapter for the purposes provided in
67-53 Section 15.954.
67-54 (b) The board shall use the rural water assistance fund as a
67-55 source of revenue to be deposited in accordance with this
67-56 subchapter for the payment of principal and interest on water
67-57 financial assistance bonds issued by the board, the proceeds of
67-58 which are to be deposited into the rural water assistance fund and
67-59 to be used to make payments under a bond enhancement agreement with
67-60 respect to principal or interest on the water financial assistance
67-61 bonds.
67-62 SECTION 4.24. Subchapter L, Chapter 17, Water Code, is
67-63 amended by adding Section 17.9616 to read as follows:
67-64 Sec. 17.9616. TRANSFER TO WATER INFRASTRUCTURE FUND.
67-65 (a) The board may direct the comptroller to transfer amounts from
67-66 the financial assistance account to the water infrastructure fund
67-67 created by Subchapter O, Chapter 15, to provide financial
67-68 assistance under this subchapter for the purposes provided in
67-69 Section 15.904.
68-1 (b) The board shall use the water infrastructure fund as a
68-2 source of revenue to be deposited in accordance with this
68-3 subchapter for the payment of principal and interest on water
68-4 financial assistance bonds issued by the board, the proceeds of
68-5 which are to be deposited into the water infrastructure fund and to
68-6 be used to make payments under a bond enhancement agreement with
68-7 respect to principal or interest on the water financial assistance
68-8 bonds.
68-9 SECTION 4.25. Section 11.32, Tax Code, is amended to read as
68-10 follows:
68-11 Sec. 11.32. CERTAIN WATER CONSERVATION INITIATIVES. The
68-12 governing body of a taxing unit by official action of the governing
68-13 body adopted in the manner required by law for official actions may
68-14 exempt from taxation part or all of the assessed value of property
68-15 on which approved water conservation initiatives, desalination
68-16 projects, or brush control initiatives have been implemented. For
68-17 purposes of this section, approved water conservation,
68-18 desalination, and brush control initiatives shall be designated
68-19 pursuant to an ordinance or other law adopted by the governing
68-20 unit.
68-21 SECTION 4.26. Subchapter H, Chapter 151, Tax Code, is
68-22 amended by adding Section 151.355 to read as follows:
68-23 Sec. 151.355. WATER-RELATED EXEMPTIONS. The following are
68-24 exempted from taxes imposed by this chapter:
68-25 (1) rainwater harvesting equipment or supplies, water
68-26 recycling and reuse equipment or supplies, or other equipment,
68-27 services, or supplies used to reduce or eliminate water use;
68-28 (2) equipment, services, or supplies used for
68-29 desalination of surface water or groundwater;
68-30 (3) equipment, services, or supplies used for brush
68-31 control designed to enhance the availability of water;
68-32 (4) equipment, services, or supplies used for
68-33 precipitation enhancement;
68-34 (5) equipment, services, or supplies used to construct
68-35 or operate a water or wastewater system certified by the Texas
68-36 Natural Resource Conservation Commission as a regional system; and
68-37 (6) equipment, services, or supplies used to construct
68-38 or operate a water supply or wastewater system by a private entity
68-39 as a public-private partnership, as certified by the political
68-40 subdivision that is a party to the project.
68-41 ARTICLE 5. JOINT COMMITTEE ON WATER INFRASTRUCTURE
68-42 SECTION 5.01. In this article, "committee" means the joint
68-43 committee on water infrastructure.
68-44 SECTION 5.02. The committee shall conduct an interim study
68-45 and make recommendations regarding:
68-46 (1) water marketing;
68-47 (2) water financing; and
68-48 (3) water conveyance systems.
68-49 SECTION 5.03. The committee is composed of six members as
68-50 follows:
68-51 (1) the chair of the Senate Committee on Natural
68-52 Resources and the chair of the House Committee on Natural
68-53 Resources;
68-54 (2) two members of the senate appointed by the
68-55 lieutenant governor; and
68-56 (3) two members of the house of representatives
68-57 appointed by the speaker of the house of representatives.
68-58 SECTION 5.04. The committee shall:
68-59 (1) meet at least annually with the Texas Natural
68-60 Resource Conservation Commission and the Texas Water Development
68-61 Board; and
68-62 (2) receive information relating to:
68-63 (A) encouraging the effective development of
68-64 water marketing and water movement; and
68-65 (B) prioritizing the use of state funds for
68-66 financing the development and conservation of water resources.
68-67 SECTION 5.05. Not later than November 1, 2002, the committee
68-68 shall make a final report to the lieutenant governor, the speaker
68-69 of the house of representatives, and the 78th Legislature
69-1 evaluating the issues described in Section 5.02 of this article.
69-2 SECTION 5.06. The committee has the authority necessary to
69-3 perform its duties and, in connection with those duties, may call
69-4 and hold hearings.
69-5 SECTION 5.07. The committee may request the assistance of
69-6 state agencies, departments, or offices to carry out its duties.
69-7 SECTION 5.08. The Senate Committee on Natural Resources and
69-8 the House Committee on Natural Resources shall provide staff to the
69-9 committee.
69-10 SECTION 5.09. The committee shall submit a proposed budget
69-11 to the appropriate committee on administration in each house of the
69-12 legislature. The administration committees shall jointly approve
69-13 the committee budget in an amount appropriate for the committee to
69-14 accomplish its duties under this article.
69-15 SECTION 5.10. The committee may travel around the state and
69-16 hold hearings or public meetings as needed to fulfill its duties
69-17 under this article.
69-18 SECTION 5.11. This article expires and the committee is
69-19 abolished on January 1, 2003.
69-20 ARTICLE 6. REPEALER; TRANSITION; SAVING; EFFECTIVE DATE
69-21 SECTION 6.01. Sections 35.005, 35.006, and 36.121 and
69-22 Subsection (d), Section 36.013, Water Code, are repealed.
69-23 SECTION 6.02. (a) The changes in law made by this Act to
69-24 Section 11.085, Water Code, apply to an application for a water
69-25 right, or an amendment to a permit, certified filing, or
69-26 certificate of adjudication authorizing an interbasin transfer of
69-27 water, that is accepted for filing on or after the effective date
69-28 of this Act. An application for a water right, or an amendment to
69-29 a permit, certified filing, or certificate of adjudication
69-30 authorizing an interbasin transfer of water, that is accepted for
69-31 filing before the effective date of this Act is governed by the law
69-32 in effect immediately before that date, and that law is continued
69-33 in effect for that purpose.
69-34 (b) The changes in law made by this Act by amending Section
69-35 17.895, Water Code, and adding Section 17.8955, Water Code, apply
69-36 only to a conservation loan for which an application is filed on or
69-37 after the effective date of this Act. A conservation loan for
69-38 which an application was filed before the effective date of this
69-39 Act is governed by the law in effect immediately before that date,
69-40 and that law is continued in effect for that purpose.
69-41 (c) The Texas Water Advisory Council shall review the first
69-42 group described under Section 9.010, Water Code, as added by this
69-43 Act, at the third quarterly meeting held by the council.
69-44 (d) Not later than January 1, 2002, the Texas Water
69-45 Development Board shall adopt rules to administer Subchapter O,
69-46 Chapter 15, Water Code, as added by this Act, including rules
69-47 establishing procedures for applications for and for the awarding
69-48 of financial assistance for water projects, for the investment of
69-49 funds, and for the administration of the water infrastructure fund
69-50 created by this Act.
69-51 (e) Not later than January 1, 2002, the Texas Water
69-52 Development Board shall adopt rules to administer Subchapter P,
69-53 Chapter 15, Water Code, as added by this Act, including
69-54 establishing procedures for the application for and award of loans,
69-55 the distribution of loans, the investment of funds, and the
69-56 administration of loans and the rural water assistance fund.
69-57 (f) Not later than January 1, 2002, the Texas Water
69-58 Development Board shall adopt rules requiring a holder of a surface
69-59 water permit, certified filing, or certificate of adjudication for
69-60 surface water, a holder of a permit for the export of groundwater
69-61 from a groundwater conservation district, a retail public water
69-62 supplier, a wholesale water provider, and an irrigation district to
69-63 report to the board information on certain water pipelines and
69-64 other facilities that can be used for water conveyance.
69-65 SECTION 6.03. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
69-66 (a) The proper and legal notice of the intention to introduce this
69-67 Act, setting forth the general substance of this Act, has been
69-68 published as provided by law, and the notice and a copy of this Act
69-69 have been furnished to all persons, agencies, officials, or
70-1 entities to which they are required to be furnished by the
70-2 constitution and other laws of this state, including the governor,
70-3 who has submitted the notice and Act to the Texas Natural Resource
70-4 Conservation Commission.
70-5 (b) The Texas Natural Resource Conservation Commission has
70-6 filed its recommendations relating to this Act with the governor,
70-7 lieutenant governor, and speaker of the house of representatives
70-8 within the required time.
70-9 (c) All requirements of the constitution and laws of the
70-10 state and the rules and procedures of the legislature with respect
70-11 to the notice, introduction, and passage of this Act are fulfilled
70-12 and accomplished.
70-13 SECTION 6.04. If any provision of this Act or its
70-14 application to any person or circumstance is held invalid, the
70-15 invalidity does not affect other provisions or applications of this
70-16 Act that can be given effect without the invalid provision or
70-17 application, and to this end the provisions of this Act are
70-18 declared to be severable.
70-19 SECTION 6.05. This Act takes effect September 1, 2001.
70-20 * * * * *