By: Campbell (Senate Sponsor - Duncan) H.B. No. 2815
(In the Senate - Received from the House May 20, 2005;
May 20, 2005, read first time and referred to Committee on Natural
Resources; May 23, 2005, reported favorably by the following vote:
Yeas 7, Nays 0; May 23, 2005, sent to printer.)
HOUSE COMMITTEE SUBSTITUTE FOR H.B. NO. 2815 RECEIVED IN THE FORM OF
ENGROSSED RIDER IN LIEU OF A FULL ENGROSSMENT
A BILL TO BE ENTITLED
AN ACT
relating to the Concho River Watermaster Program.
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 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.
(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. A watermaster
acting under this subchapter has jurisdiction over 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 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 Advisory Committee consists of 13
members appointed by the executive director as follows:
(1) six members selected from a list of candidates
submitted by the petitioners in SOAH Docket No. 582-02-2130, TCEQ
Docket No. 2000-0344-WR;
(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 city or the petitioners do not submit a list of
candidates 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 advisory 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 advisory committee member shall serve for a term of
two years.
(e) An advisory committee member serves without
compensation.
(f) The advisory 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;
and
(4) provide assistance as requested by the
watermaster, deputy watermaster, or water right holders.
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.
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 55 percent of the votes in the referendum
favor discontinuing the program, the program shall be discontinued.
Sec. 11.560. COLORADO RIVER BASIN WATERMASTER PROGRAM. If
a watermaster program is established for the entire Colorado River
segment, 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 Act, the provisions
of this Act 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 Act.
SECTION 3. This Act takes effect September 1, 2005.
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