79R9203 QS-D
By: Campbell H.B. No. 2815
A BILL TO BE ENTITLED
AN ACT
relating to the Concho River Watermaster.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 11, Water Code, is amended by adding
Subchapter K to read as follows:
SUBCHAPTER K. CONCHO RIVER WATERMASTER
Sec. 11.551. DEFINITIONS. In this subchapter:
(1) "Board" means the advisory board appointed under
Section 11.555.
(2) "Judge" means the presiding judge of the 119th
District Court.
(3) "Water right holder" means a person who holds a
certificated right in water under the jurisdiction of the
watermaster.
(4) "Water user" means a person, including a water
right holder, who uses water under the jurisdiction of the
watermaster.
Sec. 11.552. JURISDICTION OF WATERMASTER. A watermaster
appointed under this subchapter has jurisdiction over the Concho
River segment 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 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. 11.553. APPOINTMENT OF WATERMASTER. (a) The
presiding judge of the 119th District Court shall appoint a
watermaster.
(b) A person appointed as a watermaster under this section
may not be:
(1) a water right holder in the river basin or segment
of the river basin to be under the watermaster's jurisdiction;
(2) a purchaser of water from a water right holder in
the river basin or segment of the river basin to be under the
watermaster's jurisdiction; or
(3) a landowner of any land adjacent to the river or
segment of the river to be under the watermaster's jurisdiction.
Sec. 11.554. DUTIES AND AUTHORITY OF WATERMASTER. (a) The
watermaster shall:
(1) divide the water of the river or other sources of
supply under the watermaster's jurisdiction in accordance with the
authorized water rights; and
(2) 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 water under
the watermaster's jurisdiction, 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 water rights holders are lawfully
entitled.
(b) Subject to approval by the judge, the watermaster may
hire a staff to assist the watermaster in the watermaster's duties
under this section.
(c) The watermaster shall act under the supervision of the
judge, and the judge may remove or replace the watermaster for
cause, as determined by the judge.
Sec. 11.555. ADVISORY BOARD. (a) The judge shall appoint a
seven-member advisory board. The members must be representative of
the various entities using the water under the jurisdiction of the
watermaster.
(b) An advisory board member shall serve for a term of two
years.
(c) An advisory board member serves without compensation
but may be reimbursed for expenses incurred relating to service on
the board.
(d) The board shall:
(1) provide recommendations to the watermaster
regarding activities of benefit to the water rights holders in the
administration and distribution of water;
(2) review, hold a public hearing on, and make
recommendations on the annual budget proposed by the watermaster;
and
(3) provide assistance as requested by the watermaster
or by water rights holders.
Sec. 11.556. BUDGET. (a) The budget for the watermaster is
funded by fees assessed under Section 11.557.
(b) The watermaster shall prepare a draft of the proposed
budget each year and present the draft to the board for review.
(c) The board shall hold a public hearing on the proposed
budget.
(d) Following the hearing under Subsection (c), the board
shall present the budget and the board's recommendations on the
budget to the judge. The judge's decision on the budget is final.
(e) The first year's budget may not exceed $132,000. An
increase in subsequent years must be recommended by a vote of at
least five board members and be approved by the judge.
Sec. 11.557. FEES. (a) The judge shall assess fees as
provided by this section to pay the costs and expenses of the
watermaster and the watermaster's staff.
(b) Each water user, including users of water for domestic
or livestock purposes, shall pay an annual $50 fee.
(c) In addition to the fee imposed under Subsection (b),
each water right holder shall pay an annual fee of $0.50 per
adjudicated acre-foot of water.
(d) The balance of the annual budget may be met by an
additional fee assessed on each water right holder, based on the
holder's preceding year's usage multiplied by a rate determined by
the board. The board shall collect the fee monthly or at an
interval ordered by the judge.
(e) The board shall hold in a fund any money collected in
excess of that needed to meet the annual budget to be applied to
future years.
(f) If a water right holder does not timely pay a fee under
this section, the judge after notice and a hearing may withhold or
limit allocations of water to that person until the fees are paid in
full.
Sec. 11.558. REFERENDUM. (a) On or after the fourth
anniversary of the date a watermaster is appointed under this
subchapter, a water right holder may petition the board to conduct a
referendum on the continuation of the office of Concho River
Watermaster.
(b) The board shall conduct a referendum if it receives a
petition signed by at least 50 percent of the water rights 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 rights holders are eligible to vote
in the referendum.
(e) If at least 55 percent of the votes in the referendum
favor discontinuing the office of Concho River Watermaster, the
office and board shall be discontinued and the judge shall
distribute all fees collected but not expended to the water rights
holders, proportioned according to their water usage for the
preceding year. Any assets accumulated by the watermaster or board
in performance of their duties under this subchapter shall be sold,
and the judge shall distribute any net proceeds in the manner
provided under this subsection for the distribution of excess fees.
SECTION 2. As soon as practicable after the effective date
of this Act, the presiding judge of the 119th District Court shall
appoint:
(1) a person to serve as watermaster under Subchapter
K, Chapter 11, Water Code, as added by this Act; and
(2) the initial members of the advisory board
established under Section 11.555, Water Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2005.