SRC-TJG C.S.H.B. 2250 78(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 2250
By: Flores (Lucio)
Natural Resources
5/19/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

The Rio Grande watermaster is responsible for allocating, monitoring and
controlling the use of surface water in the Rio Grande Basin from Fort
Quitman to the mouth of the Rio Grande. Unlike elsewhere in Texas where
water is a flow resource, surface water in the Rio Grande below Amistad is
a stock resource meaning that water accumulates in Amistad and Falcon
reservoirs and is released on demand.  Amistad and Falcon reservoirs are
considered one system with water frequently released from the upstream dam
(Amistad) to replenish Falcon reservoir and meet the demands in the Lower
Rio Grande Valley.  The watermaster is the authorized agent allowed to
request releases of United States water held in storage at Amistad/Falcon.
In addition to the existing authority of watermasters, C.S.H.B. 2250 makes
clear that the Rio Grande watermaster has certain roles in cases of
imminent threat to public health and safety or the environment. C.S.H.B.
2250 requires the Texas Commission on Environmental Quality (TCEQ) to make
rules to define the scope of those duties.  The bill also clarifies that
the Rio Grande watermaster has the authority, in accordance with rules
prescribed by TCEQ, to transport new water from an upriver seller to a
down river buyer and to divert the water to the buyer (subject to a water
loss formula).  A bed and banks permit would be required for the
transportation of the water. 


RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Commission on
Environmental Quality in SECTION 1 (Section 11.3271, Water Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter G, Chapter 11, Water Code, by adding Section
11.3271, as follows: 
 
Sec. 11.3271.  POWERS AND DUTIES OF RIO GRANDE WATERMASTER; DELIVERY OF
WATER DOWN BANKS AND BED OF RIO GRANDE.  (a) Provides that this section
applies only to the watermaster with jurisdiction over the Rio Grande and
the water division for which that watermaster is appointed. 

(b) Requires the watermaster to divide the water of the streams or other
sources of supply of the division in accordance with the adjudicated water
rights. 

(c)  Requires the watermaster to regulate or cause to be regulated the
controlling works of reservoirs and diversion works in time of water
shortage, as is necessary because of the rights existing in the streams of
the division, or as is necessary to prevent the waste of water or its
diversion, taking, storage, or use in excess of the quantities to which
the holders of water rights are lawfully entitled. 

(d) Authorizes the watermaster to regulate the distribution of water from
any system of works that serves users whose rights have been separately
determined. 

(e) Provides that the watermaster's duties do not include activities that
relate to other programs of the commission, except as provided by this
section.  Requires the watermaster's duties to include activities that
relate to situations of imminent  threat to public health and safety or
the environment.  Requires the Texas Commission on Environmental Quality
(TCEQ) to adopt rules defining situations of imminent threat under this
section and addressing the watermaster's duties in response to terrorism. 

(f) Authorizes the watermaster to store in a reservoir for release at a
later time water in transit that is being conveyed down the banks and bed
of the Rio Grande under a permit issued by TCEQ and in accordance with
rules prescribed by the commission.  Defines "water in transit".  Requires
the contract to specify that the contract is for the purchase and delivery
of a specified amount of water less the carriage losses incurred in
transit, as described and measured according to commission rules. 

(g) Authorizes the watermaster to store water under Subsection (f) only if
the storage does not hinder the ability of any other holders of Rio Grande
surface water rights to store the maximum authorized capacity in a
reservoir as specified by TCEQ rules and relevant permits, certified
filings, or certificates of adjudication. 

(h) Requires TCEQ, before granting a permit to convey water down the banks
and bed of the Rio Grande, to adopt rules that provide for the methods and
procedures by which the watermaster shall account for any discharge,
delivery, conveyance, storage, diversion, or associated loss of water
conveyed down the banks and bed of the Rio Grande.  Prohibits a permit to
convey water down the banks and bed of the Rio Grande from allowing the
permit holder to share in any beneficial state water inflows into the Rio
Grande.  Provides that the permit holder is entitled to convey only the
amount of water specified in the permit, less the carriage losses incurred
in transit, as described and measured according to TCEQ rules.  Requires a
rule adopted by TCEQ under this subsection to be consistent with the
Treaty Relating to the Utilization of the Waters of the Colorado and
Tijuana Rivers, and of the Rio Grande (Rio Bravo) from Fort Quitman,
Texas, to the Gulf of Mexico, concluded by the United States and the
United Mexican States on February 3, 1944, and with any minute order
adopted by the International Boundary and Water Commission. 

(i) Requires TCEQ, in considering an application for a permit to convey
water down the banks and bed of the Rio Grande, to consider the quality of
the water to be conveyed.  Prohibits TCEQ from issuing a permit if it
determines that the water to be conveyed would degrade the water quality
of the Rio Grande. 

(j) Requires the watermaster to maintain a central repository which shall
be made available to the public that includes certified copies of all
instruments, including deeds, deeds of trusts and liens that TCEQ requires
to be filed in connection with water rights relating to water in the
lower, middle, and upper basin of the Rio Grande and that are subject to a
permit, certified filing or certificate of adjudication.  Requires a lien
against a water right, on or after September 1, 2003, to not be effective
against third parties unless a certified copy of the instrument is filed
with the watermaster and all requirements under other law are met.
Provides that the validity of any liens or filings made prior to September
1, 2003, is not affected by this section.  Provides that this section does
not affect the validity of a lien as between the holder of the water right
and the holder of the lien or the requirements or validity of any other
law governing the perfection and recordation of theses instruments.
Authorizes the executive director to charge a fee for the filing of
certified copies of instruments.  Requires a fee collected under this
section to be deposited to the credit of the watermaster fund. 

(k) Provides that this section does not apply to the Rio Grande above the
Fort Quitman Dam. 

  SECTION 2.  (a) Effective date: September 1, 2003.

(b)  Requires TCEQ, as soon as practicable after September 1, 2003, to
adopt rules necessary for the implementation of this Act and to expedite
any application for a permit for the delivery of water down the banks and
bed of the Rio Grande under Section 11.042, Water Code.