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Amend HB 2815 by striking all below the enacting clause and
substituting the following:
SECTION 1. Chapter 11, Water Code, is amended by adding
Subchapter K to read as follows:
SUBCHAPTER K. CONCHO RIVER WATERMASTER PROGRAM
Sec. 11.551. DEFINITIONS. In this subchapter:
(1) "Advisory committee" means the Concho River
Watermaster Advisory Committee appointed under Section 11.557.
(2) "Executive director" means the executive director
of the Texas Commission on Environmental Quality.
(3) "Program" means the Concho River Watermaster
Program, a division of the South Texas Watermaster established by
the Texas Commission on Environmental Quality and operating
pursuant to Rules and Regulations promulgated by the Texas
Commission on Environmental Quality.
(4) "Water right holder" means a person who holds a
certificated right in water under the jurisdiction of the
watermaster acting under this subchapter.
(5) "Water user" means a person, including a water
right holder, who uses water under the jurisdiction of the
watermaster acting under this subchapter.
Sec. 11.552. CONCHO RIVER WATERMASTER PROGRAM. The Concho
River Watermaster Program is established to ensure compliance with
water rights in the area described by Section 11.553.
Sec. 11.553. JURISDICTION OF WATERMASTER. The geographical
and jurisdictional boundaries of a watermaster acting under this
subchapter shall be the Concho River segment of the Colorado River
Basin that includes the Concho River and all of its tributaries,
downstream on the main stem of the Concho River to a point on the
Concho River prior to reaching, and upstream of the O.H. Ivie
Reservoir located at and including the diversion point of
Certificate of Adjudication No. 14-1393 (River Order No.
4954450000) in Concho County.
Sec. 11.554. WATERMASTER; APPOINTMENT OF DEPUTY
WATERMASTER.
(a) The watermaster for the South Texas Watermaster Program
shall serve as the watermaster for the program.
(b) The watermaster shall appoint a deputy watermaster, who
must reside in the area described by Section 11.553.
(c) The watermaster or deputy watermaster may not be:
(1) a water right holder in the river basin or segment
of the river basin under the program's jurisdiction;
(2) a purchaser of water from a water right holder in
the river basin or segment of the river basin under the program's
jurisdiction; or
(3) a landowner of any land adjacent to the river or
segment of the river under the program's jurisdiction.
Sec. 11.555. DUTIES AND AUTHORITY OF WATERMASTER. The
watermaster has the same duties and authority under the Concho
River Watermaster Program as the watermaster has under the South
Texas Watermaster Program.
Sec. 11.556. APPOINTMENT OF NONVOTING MEMBER OF SOUTH TEXAS
WATERMASTER ADVISORY COMMITTEE. (a) The executive director shall
appoint a person who resides in the area described by Section 11.553
to the South Texas Watermaster Advisory Committee.
(b) Except as otherwise provided by this section, Section
11.3261 applies to a member of the South Texas Watermaster Advisory
Committee appointed under this section.
(c) A member of the South Texas Watermaster Advisory
Committee appointed under this section may attend all meetings of
that committee and enter into discussions at the meetings, but the
person may not vote at the meetings.
Sec. 11.557. CONCHO RIVER WATERMASTER ADVISORY COMMITTEE.
(a) The Concho River Watermaster Advisor Committee consists of 13
members appointed by the executive director as follows:
(1) six members selected from nominations received one
representing the City of Paint Rock and one representing each of the
following stream segments or tributaries of the Concho River:
Spring Creek, Dove Creek, South Concho, Middle Concho and main stem
of the Concho below Certificate of Adjudication No. 14-1337 (River
Order No. 5460010000);
(2) six members selected from a list of candidates
submitted by the City of San Angelo; and
(3) one member selected at the executive director's
discretion.
(b) If the executive director does not receive nominations
or a list of candidates as specified under Subsection (a), after
reasonable notice the executive director may appoint to the
advisory committee the appropriate number of members selected at
the executive director's discretion.
(c) If a vacancy occurs on the advisor committee, the
executive director shall fill the vacancy for the unexpired term by
appointing a person selected in the same manner as the person being
replaced.
(d) An advisor committee member shall serve for a term of
two years.
(e) An advisory committee member serves without
compensation.
(f) The advisor committee shall:
(1) provide recommendations to the watermaster and
deputy watermaster regarding activities of benefit to the water
right holders in the administration and distribution of water;
(2) advise the watermaster and deputy watermaster on
complaints and enforcement matters;
(3) review, hold a public hearing on, and make
recommendations on the annual budget proposed by the watermaster so
as to cover all costs of the Concho River Watermaster Program; and
(4) provide assistance as requested by the
watermaster, deputy watermaster, or water right holders.
(g) Actions of the advisory committee in which a vote is
taken must receive a two-thirds affirmative vote of the members
present to be approved.
Sec. 11.558. FEES. Fees assessed under the Concho River
Watermaster Program shall be of the same type and rate as those
assessed under the South Texas Watermaster Program but may be
adjusted as necessary to pay all expenses of the Concho River
Watermaster Program. All costs of the Concho River Watermaster
Program shall be assessed solely upon the water rights holders
subject to the Concho River Watermaster Program.
Sec. 11.559. REFERENDUM. (a) On or after September 1, 2009,
a water right holder may petition the advisory committee to conduct
a referendum on the continuation of the program.
(b) The advisory committee shall conduct a referendum if it
receives a petition signed by at least 50 percent of the water right
holders.
(c) A referendum under this section must be held on a
uniform election date, as provided by Section 41.001, Election
Code.
(d) Only current water right holders are eligible to vote in
the referendum.
(e) If at least 60 percent of the votes in the referendum
favor discontinuing the program, the program shall be discontinued.
(f) A referendum under this section cannot be held more than
once every four years.
(g) For purposes of this section, a water right holder shall
be considered as one water rights holder regardless of the number or
amount of water rights held under a permit or Certificate of
Adjudication.
Sec. 11.560. COLORADO RIVER BASIN WATERMASTER PROGRAM. If a
watermaster program is established for the entire Colorado River
basin, the Concho River Watermaster Program is discontinued, and
the area described by Section 11.553 is under the jurisdiction of
the watermaster for the Colorado River Basin Watermaster Program.
Sec. 11.561. APPLICABILITY OF OTHER LAW AND COMMISSION
RULES. A provision of this code or a rule adopted by the commission
that relates to watermasters and does not conflict with the
provisions of this subchapter applies to the program established
under this subchapter.
SECTION 2. On the effective date of this Subchapter, the
provisions of this Subchapter supersede any conflicting orders
issued by the Texas Commission on Environmental Quality regarding a
watermaster program for the Concho River segment described by
Section 11.553, Water Code, as added by this Subchapter.
SECTION 3. The provisions added by this Subchapter take
effect September 1, 2005.